Agenda of Council Meeting

Council Meeting

1 July 2020

Item No: C07/20-481

Mayor and Councillor Remuneration 2020/21

Responsible Division: Finance & Governance

Officer: Director Finance & Governance

File Number: HC-06-02-2/03

Community Strategic Plan Goal: Transparent and accountable leadership

Summary

This report outlines the determination made by the Local Government Remuneration Tribunal relating to the fees payable to Mayors and Councillors from 1 July 2020. The report also makes recommendations in relation to annual remuneration for Cumberland Council elected officials.

Recommendation

That Council:

1. Set the annual Councillor Fee for the period 1 July 2020 to 30 June 2021 at $30,410 in accordance with the provisions of section 248 of the Local Government Act 1993; and

2. Set the annual Mayoral Fee for the period 1 July 2020 to 30 June 2021 at $88,600 in accordance with the provisions of section 249 of the Local Government Act 1993.

Report

The Local Government Remuneration Tribunal (LGRT) has made its determination, under section 241 of the Local Government Act 1993, in relation to the annual fees to be paid to Mayors and Councillors for the 2020/21 financial year period.

Section 241 of the Local Government Act 1993 provides for the Tribunal to determine, not later than 1 May in each year, for each of the categories determined under section 239, the maximum and minimum amount of fees to be paid to mayors and councillors of councils, as well as chairpersons and members of county councils.

In response to the COVID-19 pandemic the Minister for Local Government, the Hon Shelley Hancock MP, made the Local Government (General) Amendment (COVID-19) Regulation 2020 which extended the time for the making of the determination to no later than 1 July 2020. Subsequently, the LGRT made its determination on 10 June 2020. The report also states that the determination is effective from 1 July 2020.

The Tribunal’s Annual Report and Determination 2020 provides details of the factors taken into account in its determination that no increase in fees for Mayors and Councillors are recommended this year. A key factor in this determination was the impact of Covid-19. Further information regarding the factors taken into account to reach the determination of no increase can be found under Attachment 1 – Local Government Remuneration Tribunal – Annual Report and Determination 2020.

In 2017, the Tribunal made revisions to the categorisation of councils following the formation of amalgamated councils. The Tribunal’s Annual Report and Determination 2017 categorised Cumberland Council as a ‘Metropolitan Large’ council, which remains unchanged in its Annual Report and Determination 2020.

Pursuant to section 241 of the Local Government Act 1993, the Tribunal’s 2020 annual determination has set the annual fees to be paid in each of the categories to Mayors and Councillors effective from 1 July 2020. Under the Act it states that if Council does not fix the fees for the Mayor and Councillors by resolution, the minimum rate is automatically applied. The annual fees for Mayors and Councillors in the ‘Metropolitan Large’ category are as follows:

Councillor/Member Annual Fee		Mayor/Chairperson Additional Fee*
Minimum	Maximum	Minimum	Maximum
$ 18,430	$ 30,410	$ 39,160	$ 88,600

*The Mayor/Chairperson additional fee must be paid in addition to the fee paid to the Mayor/Chairperson as a Councillor/Member in accordance with section 249(2) of the Local Government Act 1993.

This report recommends that Council adopt the maximum annual fees set by the Tribunal on the following basis:

· Substantial size in geographic and population size of the Local Government Area.

· Substantial responsibilities associated with the annual budget.

· The wide scope, level and range of services delivered by Council.

· Complexity of the Cumberland Local Government Area.

· Increased level of time investment required for the Mayor and Councillors to fulfil their civic duties effectively.

Adopting the report recommendations will ensure the remuneration of the Cumberland Council elected officials reflects the increased scope of responsibilities to undertake their civic duties.

Community Engagement

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

Policy Implications

Mayor and Councillor Remuneration is paid in addition to the expenses and facilities available to Councillors under the adopted Councillor Expenses and Facilities Policy.

Risk Implications

Councillor/Member Annual Fee

Mayor/Chairperson Additional Fee*

Minimum

$ 18,430

Minimum

$ 39,160

Financial Implications

The 2020/21 budget for Mayor and Councillor Remuneration incorporates the adopted remuneration rates as Council has reflected CPI indexation overall in the annual budget.

CONCLUSION

Council has reviewed the Local Government Remuneration Tribunal’s Annual Report and Determination 2020 which determined the fees payable to Mayors and Councillors from 1 July 2020. This report recommends that Council adopt the annual maximum fees payable to Mayors and Councillors for a ‘Metropolitan Large’ council from 1 July 2020, in accordance with the determination made by the Local Government Remuneration Tribunal.

Attachments

1. Local Government Remuneration Tribunal - Annual Report & Determination - 2020

Council Meeting

1 July 2020

Item No: C07/20-482

Cumberland Local Environmental Plan – Post Exhibition Report on New Planning Controls for Cumberland City

Responsible Division: Environment & Planning

Officer: Director Environment & Planning

File Number: CS-202

Community Strategic Plan Goal: A resilient built environment

Summary

This report provide an update on the public exhibition period for the new Cumberland Local Environmental Plan and outlines the planning controls that have not changed following exhibition. It is recommended that Council endorse these planning controls for Cumberland City, which will be incorporated into the planning proposal on the new Cumberland Local Environmental Plan for finalisation.

Recommendation

That Council:

1. Note the submissions received prior to, during and immediately following the public exhibition period for the new Cumberland Local Environmental Plan.

2. Note the advice from the Cumberland Local Planning Panel on the planning proposal for the new Cumberland Local Environmental Plan

3. Endorse the planning controls for Cumberland City, as provided at Attachment 1, which were included in the draft planning proposal for the Cumberland Local Environmental Plan and have not changed following exhibition.

4. Note the above items will be incorporated into the planning proposal on the new Cumberland Local Environmental Plan for finalisation.

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.

Early consultation (pre-Gateway) on planning for the future of Cumberland City was undertaken in July and August 2019 in conjunction with Cumberland 2030: Our Local Strategic Planning Statement. A range of submissions were received and helped to inform the detail of the planning proposal for the new Cumberland LEP.

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.

Figure 1: Planning proposal status

Public exhibition of new Cumberland Local Environmental Plan

The planning proposal for the new Cumberland LEP was on public exhibition for a six week period from 1 April 2020 to 8 May 2020. Information was made available on Council’s website, with a letter and brochure posted to properties in Cumberland City. Phone enquiries were answered by Council officers, and virtual book-in sessions were also available for detailed discussions on the LEP. Due to the COVID-19 pandemic, physical copies of the documents were not provided at the administration centres and libraries as these facilities were closed during this time.

Public submissions

A total of 222 individual submissions on the draft LEP were received in response to the public exhibition. Council officers also fielded numerous phone calls during the exhibition period, assisting residents and stakeholders with their enquiries. Further information on the submissions is provided in Figure 2.

Of the total submissions received, 53 were from church groups and community members raising concerns about the proposed planning controls for places of public worship. Overwhelmingly, the submissions objected to the proposed changes to land use permissibility and implications for the continued operation and potential future expansion of established sites. A number of submissions also raised concerns about the proposed 2,000 sqm minimum lot size requirement for new places of public worship in the R3 and R4 zones and the likely constraints this would place on church groups supporting the community. This issue is considered in a separate report to be considered by Council prior to finalisation of the Cumberland LEP.

Figure 2: Summary of public submissions

Agency submissions

As part of the public exhibition on the draft Cumberland LEP, Council sought feedback from 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

· Water NSW

· Western Sydney Local Health District

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, and 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). Should TfNSW ultimately not agree to support the targeted changes to planning controls at selected locations along the Parramatta Road Corridor, these sites will be removed from the planning proposal for the Cumberland LEP prior to finalisation.

A submission was also received from Western Sydney Local Health District. The submission commended Council on the overall objectives and controls outlined in the LEP, and provided general feedback on a range of areas.

A submission was received from Water NSW advising that they have no comments on the draft LEP as they do not own or manage land in the area.

The other listed authorities did not make a submission.

Advice from Cumberland Local Planning Panel

A post exhibition report on proposed changes to the draft LEP, in response to further review and submissions, was considered by the Cumberland Local Planning Panel in June 2020. The Panel generally supported the Council officer recommendations for administrative items and minor zoning changes to be included in the LEP prior to finalisation. The Panel also considered a report on site specific requests for rezoning and/or planning control changes and supported the proposed stream classification approach and scope of Council’s strategic planning work program.

Proposed planning controls for Cumberland City

Council previously considered and endorsed much of the detail of the planning proposal for the new Cumberland LEP through various reports that dealt with particular issues and planning controls. The planning proposal has been prepared and exhibited in accordance with these Council resolutions, as outlined in Table 1. Where no changes are proposed, the existing planning controls will carry over into the new LEP controls for Cumberland City.

Council Report	Item No.	Date	Council resolution – pre Gateway	Post exhibition status
Planning proposal for the new Cumberland LEP	C09/19-219	18 September 2019	Endorse planning proposal to be forwarded for a Gateway Determination	Updated to reflect CLPP advice and address administrative items associated with the LEP (refer to other reports in this meeting) Minor changes to site specific planning controls in response to submissions received (refer to other reports in this meeting)
Early consultation for the new Cumberland LEP	C09/19-1218	18 September 2019	Endorse proposed minor zoning changes to be included in the planning proposal for the new Cumberland LEP	No changes to exhibited minor zoning changes – proceed to finalisation
Lidcombe Town Centre planning controls strategy	C09/19-189	4 September 2019	Endorse proposed planning controls to be included in the new Cumberland LEP	No changes to exhibited planning controls – proceed to finalisation
Auburn Town Centre planning controls strategy	C08/19-176	21 August 2019	Endorse proposed planning controls to be included in the new Cumberland LEP	No changes to exhibited planning controls – proceed to finalisation
Preparation of Planning Proposal for new Cumberland LEP	C07/19-151	17 July 2019	Note approach and key milestones for the planning proposal for the new Cumberland LEP	No changes to approach – proceed to finalisation
Part 1 Preliminary	C07/19-152	17 July 2019	Adopt Standard Instrument clauses Update name of plan and set out particular aims relevant to the Cumberland local area	No changes to exhibited planning controls – proceed to finalisation
Part 2 Permitted or prohibited development	C07/19-152 C08/19-163	17 July 2019 7 August 2019	Adopt Standard Instrument clauses Update local content where applicable Carry over the range of land uses under the existing LEPs	No changes to exhibited planning controls – proceed to finalisation
Land Use Table	C08/19-164 C09/19-192	7 August 2019 4 September 2019	General rule of permissibility retention	No changes to general rule – proceed to finalisation Minor updates to Land Use Table to ensure consistency with planning proposal and correct anomalies – (refer to other reports in this meeting)
Part 3 Exempt and complying development	C07/19-152	17 July 2019	Adopt Standard Instrument clauses	No changes to exhibited planning controls – proceed to finalisation
Part 4 Principal development standards	C08/19-163	7 August 2019	Adopt Standard Instrument clauses Update local content where applicable Carry over existing site specific controls where applicable	Minor updates to reflect CLPP advice and address administrative items associated with the LEP (refer to other reports in this meeting)
Part 5 Miscellaneous provisions	C08/19-163	7 August 2019	Adopt Standard Instrument clauses Update local content where applicable Carry over existing site specific controls where applicable	No changes to exhibited planning controls – proceed to finalisation
Part 6 Additional local provisions	C09/19-191	4 September 2019	Carry over existing controls where applicable Update and/or introduce new controls as appropriate	No changes to exhibited planning controls – proceed to finalisation Additional local content to address administrative issues and site specific anomalies (refer to other reports in this meeting)
Schedule 1 Additional permitted uses	C08/19-163	7 August 2019	Carry over additional permitted uses in existing LEPs	No changes to exhibited planning controls – proceed to finalisation Additional permitted uses in response to site specific requests (refer to other reports in this meeting)
Schedule 2 Exempt development	C07/19-152	17 July 2019	Adopt Standard Instrument clause	No changes to exhibited planning controls – proceed to finalisation
Schedule 3 Complying development	C07/19-152	17 July 2019	Adopt Standard Instrument clause	No changes to exhibited planning controls – proceed to finalisation
Schedule 4 Classification and reclassification of land	C08/19-163	7 August 2019	Adopt Standard Instrument clause	No changes to exhibited planning controls – proceed to finalisation
Schedule 5 Environmental heritage	C09/19-193	4 September 2019	Carry over heritage items listed under existing LEPs, with the exception of 9 items assessed as no longer meeting the NSW heritage criteria for assessing heritage significance	No changes to exhibited planning controls – proceed to finalisation
Schedule 6 Pond based and tank based aquaculture	C07/19-152	17 July 2019	Adopt Standard Instrument clause	No changes to exhibited planning controls – proceed to finalisation
Dictionary	C08/19-163	7 August 2019	Adopt Standard Instrument definitions	No changes to exhibited planning controls – proceed to finalisation
Planning approach for Woodville Road Corridor	C07/19-131	3 July 2019	Endorse land use planning approach for the Woodville Road corridor and that Stage 2 initiatives be included in the new Cumberland LEP	No changes to exhibited planning controls – proceed to finalisation
Planning approach for Parramatta Road Corridor	C07/19-132	3 July 2019	Endorse land use planning approach for the Parramatta Road corridor and that Stage 2 initiatives be included in the new Cumberland LEP	No changes to exhibited planning controls – proceed to finalisation
Planning Proposal – Minimum Lot Area for Low and Medium Dual Occupancy Housing	C06/19-103	5 June 2019	Endorse minimum lot size planning controls for dual occupancy development for inclusion in the new Cumberland LEP	No changes to exhibited planning controls – proceed to finalisation
Request for revised gateway determination – Planning Proposal for 264 Woodville Road Merrylands (also referred to as the Merrylands East Neighbourhood Centre)	C02/29-15	20 February 2019	Pursue B2 Local Centre and RE1 Public Recreation Zones in the new Cumberland LEP	No changes to exhibited planning controls – proceed to finalisation

Table 1: Council resolutions on planning controls for new Cumberland LEP

It is recommended that Council endorse the planning controls for Cumberland City, as provided at Attachment 1, which were included in the draft planning proposal for the Cumberland Local Environmental Plan and have not changed following exhibition. These planning controls cover the following areas:

· Harmonisation of planning controls to provide a single Cumberland LEP removing duplication of planning controls and aligning, where possible, the land uses and controls within the current instruments.

· Revised planning controls for the Auburn and Lidcombe Town Centres

· Minimum lot sizes for dual occupancy development across the Cumberland area

· Targeted changes to planning controls along the Parramatta and Woodville Road Corridors

· Stage 1 of the Cumberland Heritage Study, including the proposed de-listing of 9 properties that have been assessed as no longer meeting the NSW heritage criteria for assessing heritage significance

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

Community Engagement

Following the early (pre-Gateway) consultation undertaken in July and August 2019, a further, extensive program of consultation on the draft planning proposal for the new Cumberland LEP was undertaken from April to May 2020. Stakeholder consultation with 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.

CONCLUSION

The planning proposal for the new Cumberland LEP has been publicly exhibited in accordance with the Gateway Determination, and updated in response to further review and submissions. It is recommended that Council adopt the exhibited planning controls for Cumberland City as outlined in this report, and that these are incorporated into the planning proposal to be forwarded to the Department of Planning, Industry and Environment for finalisation.

Attachments

1. Recommended planning controls for Cumberland LEP with no changes post-exhibition

2. Government agency submissions

3. Cumberland Local Planning Panel minutes February 2020

4. Cumberland Local Planning Panel minutes June 2020

Council Meeting

1 July 2020

Council Meeting

1 July 2020

Item No: C07/20-483

Cumberland Local Environmental Plan – Post Exhibition Report on Proposed Amendments to Planning Controls

Responsible Division: Environment & Planning

Officer: Director Environment & Planning

File Number: SC-202

Community Strategic Plan Goal: A resilient built environment

Summary

This report outlines proposed amendments to planning controls for the new Cumberland Local Environmental Plan following public exhibition and further review. The amendments include the Council officer response to the Cumberland Local Planning Panel’s advice, selected administrative items and minor site-specific amendments. It is recommended that Council endorse the proposed planning controls, which will be incorporated into the planning proposal on the new Cumberland Local Environmental Plan for finalisation.

Recommendation

That Council:

1. Endorse the planning controls for Cumberland City, as provided at Attachment 1, which reflect proposed amendments following public exhibition and further review by Council officers.

2. Note the above items will be incorporated into the planning proposal for the new Cumberland Local Environmental Plan for finalisation.

Report

Background

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.

Figure 1: Planning proposal status

Post Exhibition Review and Proposed Amendments to the Cumberland LEP

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

Proposed amendments following advice from Cumberland Local Planning Panel

Following consideration of advice from the Panel, the following amendments are proposed to be included in the Cumberland LEP as outlined in Table 1 and Attachment 1.

Advice from Cumberland Local Planning Panel

Proposed Approach

Pre exhibition (February 2020)

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

· Noted. To be considered in separate report

· 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

Post exhibition (June 2020)

Woodville Road Corridor

· Site specific rezonings along the Woodville Road Corridor should be examined holistically as part of Stream 2 and given a high priority

· All requirements for site specific rezonings to be considered as part of Stream 2

Places of public worship

· Consider permitting places of public worship in business zones (particularly B4, B5 and B6 zones)

· Noted. To be considered in separate report

Table 1: Proposed changes following advice from Cumberland Local Planning Panel

Proposed administrative amendments

Following further review by Council officers, the following administrative amendments are proposed to be included in the Cumberland LEP, as outlined in Table 2 and Attachment 1.

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: ‒ clause 2.5 (additional permitted uses for particular land) ‒ clause 2.6(2) (subdivision of secondary dwellings not permitted) ‒ clause 2.8(3) (heads of consideration for the temporary use of land) ‒ clause 3.2 (complying development references contained within the LEP) ‒ clause 3.3(f) (environmentally sensitive areas exclusions) ‒ clause 5.19 (pond based, tank based and oyster aquaculture permitted without consent in certain zones) ‒ clause 6.1 (acid sulphate soils – where consent is required and not required) ‒ clause 6.20 (urban heat management – heads of consideration for granting of development consent) ‒ Schedule 1 – additional permitted uses (these standards are used to determine the permissibility of specific development types) ‒ Schedule 3 – complying development (complying development references contained within the LEP)
Permissibility of office premises in the B6 Enterprise Corridor zone	· Draft Cumberland LEP proposes to prohibit office premises, which is an intended land use in this zone	· Include office premises as a land use that is permitted with consent in the B6 Enterprise Corridor zone · Provides consistent approach across the Cumberland area, and is a carryover of a permissible land use in the current Auburn and Parramatta LEPs
Complying development mapping	· Need to ensure consistency of mapping for environmentally sensitive areas	· Proposed addition of land identified as ‘remnant native vegetation’ on the Biodiversity Map

Table 2: Proposed administrative amendments to Cumberland LEP

Proposed minor site-specific amendments

It is recommended that the following amendments be incorporated into the draft Cumberland LEP prior to finalisation. These amendments, outlined in Table 3 and Attachment 1, 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.

Ref.	Site address	Proposal	Reasons
G1.1a	Mays Hill and Finlayson Transitway Precincts	Retain B6 zoning for Mays Hill and Finlayson Transitway Precincts and include a local provision to allow shop-top housing, consistent with DCP controls	Intent of existing DCP controls is that shop top housing is permitted in this location
G1.1b	Merrylands Town Centre (Neil St and Merrylands Rd)	Rezone B6 zoned land in Merrylands Town Centre (224-240 Pitt St, 4 Terminal Pl, 2-6 Gladstone St, 15 Neil St, 17 Neil St, Merrylands) to B4	Site is in town centre core, prohibiting residential development appears to be an unintended consequence of this harmonisation
G1.1c	B6 Zone (Great Western Highway / Pendle Way)	Rezone B6 land at intersection of Great Western Highway and Pendle Way to B1 (no change to height and FSR)	Inconsistent application of B6 zone under draft Cumberland LEP
G1.2	B6 Zone (Parramatta Road Corridor)	Update mapping of Clause 4.4(2B) to reflect revised boundary of B6 zone along Parramatta Road Corridor – ie. to exclude proposed B1 zone under draft Cumberland LEP	Clause 4.4(2B) provides an FSR incentive for certain types of development within the B6 zone (registered clubs, function centres, entertainment facilities, specialised retail premises, office premises and hotel/motel accommodation)

Table 3: Proposed minor site-specific amendments to the Cumberland LEP

Next Steps

Subject to endorsement by Council, the proposed changes outlined in this report will be included in the Cumberland LEP prior to finalisation. A separate report on the planning proposal will be provided for consideration by Council seeking a resolution to finalise the draft LEP, in line with agreed State Government milestones.

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 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

Financial Implications

CONCLUSION

The report outlines proposed amendments to the draft Cumberland LEP following receipt of a Gateway Determination, submissions from public exhibition and further review by Council officers. It is recommended that Council endorse the proposed amendments to the exhibited planning controls for Cumberland City as outlined in this report, and that these amendments are incorporated into the planning proposal to be forwarded to the Department of Planning, Industry and Environment for finalisation.

Attachments

1. Proposed amendments (post-exhibition) to Cumberland LEP

Council Meeting

1 July 2020

Item No: C07/20-484

Cumberland Local Environmental Plan – Post Exhibition Report on Site Specific Requests and Council’s Strategic Planning Work Program

Responsible Division: Environment & Planning

Officer: Director Environment & Planning

File Number: SC-202

Community Strategic Plan Goal: A resilient built environment

Summary

This report provides an overview on site specific requests for rezoning and/or planning control changes received as part of the process for the Cumberland Local Environmental Plan and seeks endorsement of Council’s strategic planning work program for 2020/21 and 2021/22.

Council officers have reviewed the site specific requests received for rezoning and/or planning control changes. While some requests are recommended for inclusion as part of the new Cumberland Local Environmental Plan, there are a number of requests that are recommended to be further considered as part of detailed planning for Cumberland City’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.

A strategic planning work program has also been provided for endorsement by Council, which is consistent with the program included in Cumberland 2030: Our Local Strategic Planning Statement. The program supports the review of Cumberland City’s key centres and strategic corridors to ensure that planning controls are appropriate to support future development in the area. As part of this program, it is recommended that Council endorse the preparation of planning proposals for the identified key centres and strategic corridors. This will enable planning work to be progressed that is supported by background analysis, early community consultation, feedback from Councillor briefings, and advice from the Cumberland Local Planning Panel. A further report to Council will be provided following the completion of these activities for each location.

Recommendation

That Council:

1. Note the site specific requests received during the preparation of the draft Cumberland Local Environmental Plan.

2. Endorse that the site specific requests recommended in Stream 1, as provided in Attachment 1, are included in the new Cumberland Local Environmental Plan.

3. Endorse that the site specific requests recommended in Stream 2, as provided in Attachment 2, are further considered as part of Council’s strategic planning work program.

4. Endorse that the site specific requests recommended in Stream 3, as provided in Attachment 3, may be further considered as part of an applicant initiated planning proposal, subject to further discussions with Council officers on the merits of the proposal.

5. Endorse that no further action is undertaken on the site specific requests recommended in Stream 4, as provided in Attachment 4.

6. Endorse the strategic planning work program for 2020/21 and 2021/22 on Cumberland City’s key centres and strategic corridors, as provided in Attachment 5.

7. Prepare a planning proposal for each of the key centres and strategic corridors identified in the strategic planning work program, with the following activities to be undertaken prior to a further report being considered by Council:

a. Completion of background analysis

b. Early community consultation on the planning proposal

c. Preparation of draft planning proposal

d. Preparation of draft planning controls associated with the planning proposal

e. Consideration of draft planning proposal by the Cumberland Local Planning Panel

f. Councillor briefings prior to early community consultation and prior to consideration by the Cumberland Local Planning Panel

Report

Background

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.

Figure 1: Planning proposal status

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.

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 be included as part of the new Cumberland LEP.

· The requests identified in Stream 2 be considered as part of Council’s work plan in 2020/21 and 2021/22 following the completion of the new Cumberland LEP. Applicants for 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, and the strategic merit of the proposal.

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

A selected number of site specific requests have been identified to be included in the new Cumberland LEP as part of Stream 1. These amendments, as outlined in Table 2 and Attachment 1, 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. The site specific requests identified in Stream 1 are also supported by the Cumberland Local Planning Panel. It is recommended that the site specific requests identified as part of Stream 1 are included in the new Cumberland LEP and identified in the planning proposal for finalisation.

Ref.	Site address	Proposal	Reasons
S1.1	Octavia Street and Toongabbie Road	R2 to R4 (Octavia St) R3 to R4 (Toongabbie Rd) 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
S1.2	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
S1.3	11-13 Bransgrove Street & 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
S1.4	Merrylands Road, Burnett Street and Ruth Street, Merrylands	Review height and FSR controls (Merrylands Road B1 zone) R2 to B1 with corresponding changes to height and FSR (Burnett Street and Ruth Street)	Minor zoning anomaly in the context of surrounding land Located in neighbourhood centre with bus services accessing key centres
S1.5	233-249 Merrylands Road, Merrylands	Review FSR controls	Minor FSR anomaly in the context of application of planning controls on the site (town centre core)
S1.6	242-252 Pitt St, Merrylands	Proposed increase in HOB and FSR	Minor HOB and FSR change in the context of town centre. Located within walking distance to train services
S1.7	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
S1.8	101-123 Parramatta Road and 58- 66 Adderley Street, Lidcombe	Permit ‘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
S1.9	Lidcombe Hospital precinct	Identify three Nurses Quarters Buildings as individual heritage items	Request from property owner. Is in addition to existing State Heritage Listing and local heritage status of area
S1.10	Lidcombe Anglican Church	Include ‘place of public worship’ as an Additional Permitted Use	Request from property owner to support proposed development outcomes for the site, consistent with ongoing discussions on the matter

Table 2: Proposed post-exhibition amendments to draft Cumberland LEP (Stream 1)

The remaining site specific requests received as part of the process for the new Cumberland LEP have been identified in Streams 2, 3 and 4. For requests under Stream 2, it is recommended that these are considered as part of Council’s strategic planning work program, which is discussed later in this report. For requests under Stream 3, it is recommended that these may be further considered as part of an applicant initiated planning proposal, subject to further discussions with Council officers on the merits of the proposal. For requests under Stream 4, it is recommended that no further action is undertaken. Further details of the requests identified in Streams 2, 3 and 4 are provided in Attachments 2, 3 and 4.

Strategic planning work program

As outlined in Cumberland 2030: Our Local Strategic Planning Statement, a high level strategic planning work program was identified to progress more detailed planning for Cumberland City’s key centres and strategic corridors (Figure 2). Since the preparation of this high level program, Council officers have further considered the scope and implementation approach for this planning work.

Figure 2: High level strategic planning work program

In relation to the scope of works for this program, it is proposed that planning work be undertaken for Cumberland City’s key centres and strategic corridors. As outlined in Table 3, the focus of this work will be to review the existing planning framework and consider future requirements to ensure that planning controls are appropriate to support future development in the area. Site specific requests identified in Stream 2 will also be further considered as part of this program.

Locations	Indicative scope of works
Woodville Road corridor, Guildford, Merrylands (east of train station), Granville	Planning work to be undertaken, including consideration of submissions received during the preparation of the draft LEP
Merrylands (west of train station), Auburn, Lidcombe and Wentworthville	Further planning work to consider submissions received during the preparation of the draft LEP or advice on additional planning work identified by the Cumberland Local Planning Panel
Berala, Regents Park, Pendle Hill, Toongabbie, Transitway corridor, Merrylands West, Greystanes and Pemulwuy	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	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

Table 3: Indicative scope of works for 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 if required as part of this program.

In relation to implementation, it is proposed that the majority of this work be undertaken during 2020/21 and 2021/22. This provides an opportunity to have a consistent approach to planning for Cumberland City’s key centres and strategic corridors that is aligned with Council’s available resources. It is also noted that the timing of work on Westmead South, Parramatta Road Corridor and the Greater Sydney Olympic Peninsula (GPOP), will be subject to the timing and progression of State Government work in these areas.

Further details on the strategic planning work program, including the staging of planning reviews, key activities and milestones, are provided in Attachment 5. It is recommended that Council endorse the strategic planning work program for 2020/21 and 2021/22 on Cumberland City’s key centres and strategic corridors.

As part of this program, it is also recommended that Council endorse the preparation of planning proposals for the identified key centres and strategic corridors. This will enable planning work to be progressed that is supported by background analysis, early community consultation, feedback from Councillor briefings, and advice from the Cumberland Local Planning Panel. A further report to Council will be provided following the completion of these activities for each location.

Community Engagement

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

Financial Implications

The strategic planning work program outlines the scope and implementation approach using current resources. Prioritisation of stages within this program can be reviewed; however, acceleration of this work would require additional resources.

CONCLUSION

This report provides an overview of the proposed approach on site specific requests received during the Cumberland LEP process. The report also outlines Council’s strategic planning work program on the review of Cumberland City’s key centres and strategic corridors to ensure that planning controls are appropriate to support future development in the area. It is recommended that Council endorse the approach on site specific requests and the identified strategic planning work program.

Attachments

1. Site specific requests - Stream 1 (include in Cumberland LEP)

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

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

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

5. Strategic planning work program - key centres and strategic corridors

Council Meeting

1 July 2020

Council Meeting

1 July 2020

Item No: C07/20-485

Cumberland City Council - Future Companion Animal Management Requirements

Responsible Division: Works & Infrastructure

Officer: Director Works & Infrastructure

File Number: HC-11-14-3/03

Community Strategic Plan Goal: A safe accessible community

Summary

Council previously considered a report during the Ordinary Meeting of 15 May 2019, in relation to Cumberland City Council’s future companion animal management requirements (Item No. C05/19-96).

This report now presents the outcome of Council’s interactions with Blacktown City Council, where subsequent negotiations failed to reach mutually suitable terms in establishing a financially sustainable agreement regarding Council’s future companion animal management requirements.

An alternative solution has therefore been reached with Hawkesbury City Council, to secure Cumberland’s future companion animal management requirements.

Recommendation

That Council:

1. Enter into a contract with Hawkesbury City Council to utilise their Companion Animal Shelter, in accordance with Section 55(3)(c) of the Local Government Act 1993; and

2. Delegate authority to the General Manager for the purpose of executing the contract and any associated documents.

Report

At the Ordinary Council meeting of 15 May 2019, closed session report C05/19-96 Cumberland Council – Future Companion Animal Management Requirements was considered by Council. That report resulted in the following resolution:

“That Council:

1. Note that Options 1, 2 and 3 are not financially sustainable options for Council based on current budget and expenditure levels.

2. Delegate to the General Manager to liaise further with Blacktown City Council to reach suitable terms to establish an agreement to meet Council’s future companion animal management requirements.

3. Continue to explore alternative options as outlined in the report.”

Several discussions have since occurred between Blacktown City Council and Cumberland City Council, regarding the new Animal Rehoming Centre and proposed financial contributions that Blacktown City Council were seeking. This dialogue included financially sustainable options that Cumberland City Council put forward for consideration (in principle), which unfortunately were not accepted by Blacktown City Council. A further fee increase to continue using the existing Animal Holding Facility was also implemented by Blacktown City Council in July 2019, resulting in a budget overspend for this area for the current financial period.

An email was sent to all Councillors on 11 June 2020 (attached) advising of this outcome and that Council’s staff would be entering into contract negotiations with Hawkesbury City Council, for the potential future use of their facility located at Mulgrave. These negotiations have been successful, with an agreement (in-principle) being reached that will allow Council to access a long-term animal holding and rehoming options that is financially and operationally viable.

Entering into a contract with Hawkesbury City Council would be subject to a tender exemption as specified under section 55 (3)(C) of the Local Government Act 1993. To ensure that the handling of Council’s future companion animal management requirements is undertaken in a financially responsible and sustainable manner, it is recommended that the General Manager be delegated to execute the contract with Hawkesbury City Council.

Community Engagement

Information will be updated on Councils webpage regarding a transition from the Blacktown Animal Holding Facility to the Hawkesbury Companion Animal Shelter. In addition, other community engagement mechanisms such as the use of social media messaging will be sought via Council’s Communications Team.

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

The cost of the contract as proposed by Hawkesbury City Council is predicted to be approximately $400,000 per year, for a 3-year period (total = $1,200,000). These funds are currently allocated within Council’s budget and no additional funds are envisaged to be required.

Based upon the increased fees charged by Blacktown City Council for continued use of their current and future facilities, use of the Hawkesbury City Council Companion Animal Shelter is estimated to save Council approximately $600,000 per annum.

CONCLUSION

Based on the factors and considerations outlined within this report, it is recommended that the proposal received from to Hawkesbury City Council provides the best financial and operational outcome in relation to Cumberland City Council’s future companion animal management requirements. It is therefore recommended that delegation be granted to the General Manager for the purpose of executing the contract with Hawkesbury City Council, as attached to this report.

Attachments

1. Hawkesbury City Council Animal Shelter Contract (confidential)

2. Email to Councillors from Director Peter Fitzgerald - Negotiations into Animal Holding Facility (confidential)

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