Council Meeting

 Wednesday, 15 July 2020 at 6:30pm

 

Cumberland City Council Chambers

Merrylands Service Centre, 16 Memorial Avenue, Merrylands

 


 

Councillor Contact Details

 

 

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

 

 

 

 

For  information  on  Council  services  and facilities  please  visit   www.cumberland.nsw.gov.au

 


Council Meeting

 15 July 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

C07/20-494    Minutes of the Ordinary Meeting of Council - 01 July 2020... 5 

6    Mayoral Minutes

Nil 

7    Public Forum / Presentation of Petitions

8    Items Resolved by Exception

9    Reports to Council

      General Manager

C07/20-495    Legal Report................................................................... 17

      Director Community and Organisation Development

C07/20-496    Emergency Relief Fund Applications................................. 19

C07/20-497    Quarterly Update on the Implementation of the Stronger Communities Fund.......................................................... 27

      Director Finance & Governance

C07/20-498    Bi-Annual Report on Councillor Expenses and Facilities..... 31

C07/20-499    Response to Notice of Motion Council Overheads............. 43

C07/20-500    Update on Sale and Remediation of 615A Great Western Highway, Greystanes....................................................... 51

      Director Environment & Planning

C07/20-501    Cumberland Local Environmental Plan - Post Exhibition Report on new Planning Controls for Cumberland City....... 55

      Director Works & Infrastructure

Nil

10  Reports of Council Committees

Nil

11  Motions Pursuant to Notice

Nil

12  Notices of Rescission

Nil

13  Questions on Notice

Nil 

14  Closed Session Reports

C07/20-502    Budget Savings Initiatives Post COVID-19

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).

15  Other / General Matters

16  Close

 

 

           


Council Meeting

 15 July 2020

 

Item No: C07/20-494

Minutes of the Ordinary Meeting of Council - 01 July 2020

Responsible Division:                  Finance & Governance

Officer:                                      Director Finance & Governance

  

 

 

Recommendation

 

That Council confirm the minutes of the Ordinary Meeting of Council held on 1 July 2020.

 

Attachments

1.     Draft Minutes - 1 July 2020   

 


DOCUMENTS
ASSOCIATED WITH
REPORT C07/20-494

Attachment 1

Draft Minutes - 1 July 2020


Council Meeting

 15 July 2020


 


 


 


 


 


 


Council Meeting

 15 July 2020

 

 

Item No: C07/20-495

Legal Report

Responsible Division:                  General Manager

Officer:                                      General Counsel

File Number:                              2041456

Community Strategic Plan Goal:  Transparent and accountable leadership  

 

 

Summary

This report provides Council with a summary of legal proceedings in which Council is involved.

 

Recommendation:

 

That the report be received.

 

Report

This report provides Council with a summary of legal proceedings in which Council is involved.

It does not include the following types of legal proceedings:

1.     Proceedings that are managed by Council’s insurers;

2.     Local Court Proceedings involving an appeal against a parking fine; and

3.     Proceedings for the recovery of debts where those proceedings are being run by Council’s external debt collection agency.

The report is current to 1 July 2020. It does not capture changes that have occurred between that date and the date the report is considered by Council.

Total external legal expenditure for the 2019-2020 financial year was $532,232 which represents a $745,748 (58.4%) reduction from $1,277,880 in 2018-2019 and continues a downward trend from $1,942,263 in 2017-2018 and $2,214,490 in 2016-2017.

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

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

CONCLUSION

This is an information report with the Legal Register provided as a confidential attachment.

 

Attachments

1.     Legal Report (confidential)   

 


Council Meeting

 15 July 2020

 

 

Item No: C07/20-496

Emergency Relief Fund Applications

Responsible Division:                  Community and Organisation Development

Officer:                                      Director Community and Organisation Development

File Number:                              SC619

Community Strategic Plan Goal:  Transparent and accountable leadership  

 

 

Summary

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 or disaster situations, or for new community-led initiatives that address an emerging or unexpected community need where action is time critical.

This report presents four new applications and two deferred applications received for the consideration of Council.

 

Recommendation

That Council endorse the four applications recommended for funding as outlined under Attachment 1 of this report and allocate $21,590 from the 2020/21 Emergency Relief Fund to support vulnerable community members affected by the COVID-19 pandemic.

 

Report

Background

Since the meeting of Council held 3 June 2020, four applications have been received from local community organisations that are seeking donations for community initiatives to support vulnerable community members impacted by COVID-19.

With the recent easing of restrictions and in line with Council’s determination of Emergency Relief Fund applications on 3 June, the two pending applications which were deferred at the Council meeting held 20 May 2020, are re-presented to Council for determination.

In accordance with the Emergency Relief Fund Guidelines, applications are assessed in accordance with the Community Grants and Donations Policy and established Emergency Relief Fund criteria and reported to Council for consideration.

 

 

Application Process

 

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

 

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.

Applications Received and Assessment Outcomes

Two of the four new applications received, were deemed ineligible. Two applications are recommended for funding. The two deferred applications are also recommended for funding.

The schedule provided in Attachment 1 provides a summary of the assessment outcomes.

Community Engagement

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

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

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

If funded, the 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 $50,000 allocated in the 2020/21 Emergency Relief Fund budget to fund the applications recommended for funding ($21,590) which will leave $28,410 available for the remainder of the financial year, should Council resolve to endorse the applications outlined in this report.

CONCLUSION

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

 

The four applications recommended for funding support local community-led initiatives and provides a direct benefit to vulnerable residents of the Cumberland LGA impacted by COVID-19.

 

Attachments

1.     Attachment 1 - Schedule of Applications   

 


DOCUMENTS
ASSOCIATED WITH
REPORT C07/20-496

Attachment 1

Attachment 1 - Schedule of Applications


Council Meeting

 15 July 2020


 


Council Meeting

 15 July 2020

 

 

 

Item No: C07/20-497

Quarterly Update on the Implementation of the Stronger Communities Fund

Responsible Division:                  Community and Organisation Development

Officer:                                      Director Community and Organisation Development

File Number:                              T065312/2018

Community Strategic Plan Goal:  A great place to live   

 

 

Summary

Under the NSW Government Stronger Communities Fund, Council was provided with $15 million in funding for the benefit of the local community.  Council is required to provide progress reports on the expenditure and outcomes of the Stronger Communities Fund. 

This report provides a progress update on the implementation of the Stronger Communities Fund Major Projects Program for the period from January 2020 to June 2020.

 

Recommendation

That Council:

1.  Note the progress on the implementation of the Stronger Communities Fund Major Projects Program.

 

2.  Submit a copy of this report to the Office of Local Government in meeting the reporting requirements of the NSW Government’s Stronger Communities Fund Guidelines. 

 

Report

 

The Stronger Communities Fund was established by the NSW Government to provide newly merged councils with funding to kick start the delivery of projects that improve community infrastructure and services.

 

Cumberland Council was provided with $15 million in funding via two programs:

 

·   A Community Grants Program, allocating up to $1 million in grants of up to $50,000 in any single allocation to incorporated not-for-profit community groups for projects that build more vibrant, sustainable and inclusive local communities; and

 

·   A Major Projects Program, allocating all remaining funding ($14 million) to larger scale priority infrastructure and services projects that deliver long term economic and social benefits to communities.

 

All funding allocated under the Stronger Communities Fund Community Grants Program has been acquitted.

 

Stronger Communities Fund Major Projects Program Progress Update

 

The following progress has been made on the major projects to date:

 

PROJECT TITLE

PROGRESS UPDATE

 

Granville Multi- Purpose Community Centre, Library,  Arts and Cultural Facility

 

 

 

·    The main building is structurally complete with relatively minor items to finalise (painting, vents, furniture installation, services, etc.). All civil works and landscaping are also nearing completion.

·    Construction of the building and associated works is due for physical completion on 15 July, 2020.

·    Final handover is dependent upon defects and omissions inspection and rectification, together with finalisation of the Occupation Certificate (OC) from the Principal Certifying Authority.

·    Relocation of staff is being coordinated following OC.

·    As at 30 June 2020 $24,727,638 had been spent on this project and $496,463 raised as commitments against the grant allocation, resulting in a total of $25,224,101 of actuals plus commitments, fully acquitting the grant funding of $10,300,000.

 

Auburn Botanic Gardens Entertainment Precinct and Duck River Regional All Abilities Playground

·    Project completed and the new entry access became available to the community from 1 June 2020.

·    Due to COVID-19 restrictions the official opening has been deferred with a future date to be determined.

·      $148,000 in funding was transferred from the Central Gardens All Abilities Mixed Age Playground (from savings achieved on that project) to cover additional costs on this project due to the presence of latent conditions not expected within the original project scope; affecting the timber structure and asbestos containing material within the project area.

·    As of 30 June 2020, $847,611 had been spent on this project and zero raised as commitments resulting in a total of $847,611 of actuals plus commitments, fully acquitting the grant funding of $652,000.

 

Central Gardens All Abilities and Mixed Age Playground

·    Project completed and playground available to the community from 6 February 2020.

·    Due to COVID-19 restrictions the official opening has been deferred with a future date to be determined.

·    Project savings of $148,000 were realised due to the engagement of different play equipment suppliers and transferred to the Auburn Botanic Gardens Entertainment Precinct and Duck River Regional All Abilities Playground Project to cover out of scope project costs.

·    As of 30 June, 2020, $1,196,802 had been spent on this project and zero raised as commitments resulting in a total of $1,196,802 of actuals plus commitments, fully acquitting the grant funding of $1,338,000.

 

Replacement of Bridge Road Railway Overbridge

·    Waiting on finalisation of design from Sydney Trains.

·    As at 30 June 2020, $504,358 had been spent on this project and zero raised as commitments resulting in a total of $504,358 of actuals, fully acquitting the grant funding of $500,000.

 

Auburn District Library Expansion

·    Project Completed.

Prospect Hill Access & Lookout

·    Council is in discussions with delegates from the ATSIC Committee and the Member of Parliament for Prospect to advocate for the project.

·    Remediation and encapsulation works have now been completed.

As at 30 June 2020, $238,334 had been spent on this project and $1,600 raised as commitments resulting in a total of $239,933 of actuals plus commitments, fully acquitting the grant funding of $195,000.

CCTV Infrastructure and Lighting Upgrades

·       The installation of the CCTV cameras commenced in mid-June following approval from Endeavour Energy for power connection to their electricity mains and pole attachments.

·     The commissioning of the CCTV cameras is anticipated in early July.

·     As at 30 June 2020, $573,087 had been spent on this project and $152,484 raised as commitments resulting in a total of $725,571 of actuals plus commitments, fully acquitting the grant funding of $585,000.

 

Community Engagement

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

Policy Implications

Council is required to submit a copy of this report to the Office of Local Government in accordance with the Stronger Communities Fund Guidelines.

Risk Implications

Council has Project Control Groups (PCGs) in place for the major projects, which meet on a regular basis to oversee each project. Council has a risk register in place for every major project, which is regularly monitored and updated through the PCGs for each project.

Financial Implications

Funding of $15 million has been provided by the NSW Government to deliver the Stronger Communities Fund Program. A total of $1 million was allocated under the Stronger Communities Fund Community Grants Program for community organisations. A total of $14 million was allocated under the Stronger Communities Fund Major Projects Program.

Council has previously obtained a funding agreement variation from the OLG In relation to the Stronger Communities Fund Major Projects Program, which provided an extension for funding to be committed by 31 December 2019 and all funding to be acquitted by 30 June 2020.

The total amount of funding committed from the Stronger Communities Fund Major Projects grant as at 30 June 2020 was $14,000,000. In addition, Council has committed $15,169,146 towards Stronger Communities projects bringing the total amount committed to $29,169,146.

CONCLUSION

 

The Stronger Communities Fund provides Council with a one off opportunity to deliver major infrastructure projects that build more vibrant, sustainable and inclusive local communities.

 

Council will continue to monitor and provide progress reports on its implementation plan to Council and the Office of Local Government to ensure funds are spent in accordance with the NSW Government’s Guidelines.

 

Attachments

 

 


Council Meeting

 15 July 2020

 

 

 

Item No: C07/20-498

Bi-Annual Report on Councillor Expenses and Facilities

Responsible Division:                  Finance & Governance

Officer:                                      Director Finance and Governance

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

Community Strategic Plan Goal:  Transparent and accountable leadership  

 

 

Summary

This report provides an update on Councillor Expenses and Facilities Expenditure for the period of 1 January 2020 to 30 June 2020, in accordance with the provisions of Council’s adopted Councillor Expenses and Facilities Policy.

 

Recommendation

That Council:

1.  Receive the information contained in this report; and

2.  Place a copy of the Councillor Expenses and Facilities Expenditure included under Attachment 1 of this report on Council’s website in accordance with clause 15.2 of the Councillor Expenses and Facilities Policy.

 

Report

Section 428 of the Local Government Act 1993 and clause 217 of the Local Government (General) Regulation 2005 requires Council to report on the provision of expenses and facilities to Councillors in its annual report.

In addition to this, clause 15.2 of Council’s adopted Councillor Expenses and Facilities Policy states:

“Detailed reports on the provision of expenses and facilities to Councillors will be publicly tabled at a Council meeting every six months and published in full on Council’s website. These reports will include expenditure summarised by individual Councillor and as a total for all Councillors.”

Attachment 1 of this report outlines the provision of expenses and facilities to individual Councillors, as well as the total expenses and facilities provided to all Councillors for the period of 1 January 2020 to 30 June 2020 in accordance with the Councillor Expenses and Facilities Policy.

Community Engagement

A copy of Attachment 1 of this report will be placed on Council’s website in accordance with clause 15.2 of the Councillor Expenses and Facilities Policy.

Policy Implications

The adoption of the recommendations contained within this report ensure Council is compliant with the adopted Councillor Expenses and Facilities Policy.

Risk Implications

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

Financial Implications

All expenses and facilities detailed in Attachment 1 were budgeted in the 2019/20 budget.

CONCLUSION

The report on Councillor Expenses and Facilities Expenditure for the period of 1 January 2020 to 30 June 2020 has been finalised and is tabled for Council’s information in accordance with the provisions of Council’s adopted Councillor Expenses and Facilities Policy.

 

Attachments

1.     Councillor Expenses and Facilities Expenditure   

 


DOCUMENTS
ASSOCIATED WITH
REPORT C07/20-498

Attachment 1

Councillor Expenses and Facilities Expenditure


Council Meeting

 15 July 2020


 


 


 


 


 


 


 


Council Meeting

 15 July 2020

 

 

Item No: C07/20-499

Response to Notice of Motion Council Overheads

Responsible Division:                  Finance & Governance

Officer:                                      Director Finance & Governance

File Number:                              HC-06-13-22

Community Strategic Plan Goal:  Transparent and accountable leadership  

 

 

Summary

This report provides a response to the Notice of Motion – Corporate Overheads resolved at the Ordinary Meeting of Council on 1 July 2020 (Min. 753).

 

Recommendation

That Council receive and note this report.

 

Report

Background

At the Ordinary Meeting of Council held on 1 July 2020, Council considered a Notice of Motion – Corporate Overheads and resolved (Min. 753):

“ 1.  Council be provided with a report by the next ordinary meeting of Council regarding the cost rationale associated with the overheads for the 12 service areas of Council. 

2.  The report outline why the costs associated with children’s services was stated at the ordinary meeting of 17 June 2020 as approximately 15% of corporate expenses. ”

Context

Council introduced the twelve service areas following the adoption of the Community Strategic Plan (CSP) in 2016-2017. Corporate costs were assigned to the twelve services, with a view to ensure all services are accurately and fairly costed based on their usage.

The purpose of adopting this cost rationale was to ensure Council could accurately report to the community the total subsidy (from rates and federal grant assistance) after assigning all the costs incurred by Council.

 

Furthermore, following the allocation of corporate costs to the services, Council would then apportion the subsidy to each of the twelve services so the services have a break-even position at the commencement of each year. This process provided the benefit of increased transparency in relation to the amount of subsidy provided to each service.

Annual Disclosures

In the Operational Plan, Council discloses the following:

1)  Rates and Grants income that subsidises services is reported based on the proportion of each $10 that Council spends. This provides transparency in regards to how much each service is subsidised.

2)  The list of corporate services that form part of cost reallocation.

3)  Service plans have individual profit and loss that break-even, highlighting the corporate overhead allocation and subsidy allocation.

Quarterly Disclosure

Council will also report, on a quarterly basis, an update to the budget by each of the twelve services. The rates subsidy will not change, which highlights any budget variances that have arisen during the year.

Cost Rationale

The goal of allocating indirect cost is to ensure they are consistently applied and output provides the fairest and most equitable allocation of indirect costs.

The costing system used in Local Government is activity-based costing (ABC). The plain English explanation of this cost rationale is as follows:

 

ABC is a costing method that assigns overhead and indirect costs to related products and services. This accounting method of costing recognises the relationship between costs, overhead activities, and assigning indirect costs to services based on the usage or a share of the overhead.

 

A traditional overhead model would only assign cost using a single allocation method. The ABC model uses multiple allocation method so to improve the accuracy of cost allocated to the product or service that uses the overhead cost.

 

To implement this cost rationale, the Finance team calculates the corporate overheads by following the process agreed to in 2017:

1)  Create cost pools for all activities (i.e. Finance, HR, IT, procurement etc.).

2)  Analyse the best cost driver that will fairly allocate the cost to the customer or consumer of the cost pool. Council is using ‘Cost per FTE’ for payroll, ‘Cost per Square Metre’ for floor space, and ‘Cost per Device’ for IT. If there is no data available, then a % of total expenses will be applied proportionate to the total cost of Council’s expenditure.

3)  Allocate the cost driver by recording the total volume per service of the activity and applying the cost per activity per unit.  For example the Payroll allocation will calculate the total Budget FTE for that service and then apply the rate per FTE to determine the total cost allocated.

Preparation of the Cost Allocation

Volume and Cost per unit data is collated in December, during the draft budget, and then will be applied to the following year’s budget. Occasionally, a time lag is observed in this system if there are changes to services. To maintain consistency, the same logic has been applied for all services for the last 4 Operational Plans.

The 2019-2020 Operational Plan – Children’s Services

The corporate overhead before property assigned to Children’s Services is 14.9%. This confirms the information requested in point 2 of the above-mentioned resolution.

It should be noted that Children’s Services represents 22.1% of Council’s FTE and 12.6% of the total Council costs. Therefore, a 14.9% allocation of corporate overhead is a fair allocation.

The table below identifies an example for Children Service and attached is the summary calculation for corporate allocation including property of $40.8m.

Community Engagement

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

Policy Implications

The allocation of corporate overheads is a component of increased transparency over Council costs, which is Strategic Goal 6 in Council’s CSP. The process is designed to be equitable to all twelve services. Cost allocation is based on the best available information to ensure indirect costs are charged based on usage.

The service cannot function without the corporate services, so having a fair allocation of the cost is best practice for transparency and informing the community of the total cost of running the service as a local government body.

Risk Implications

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

Financial Implications

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

CONCLUSION

The information provided addresses the request for information surrounding the Notice of Motion. The service cannot function without the corporate services.  The allocation of corporate overheads to the Children’s Services business is fair, equitable and consistent with the practice expected in local government.

 

Attachments

1.     Allocation of Corporate Overheads   

 


DOCUMENTS
ASSOCIATED WITH
REPORT C07/20-499

Attachment 1

Allocation of Corporate Overheads


Council Meeting

 15 July 2020


Council Meeting

 15 July 2020

 

 

Item No: C07/20-500

Update on Sale and Remediation of 615A Great Western Highway, Greystanes

Responsible Division:                  Finance & Governance

Officer:                                      Director Finance & Governance

File Number:                              T-2019-018

Community Strategic Plan Goal:  A safe accessible community  

 

 

Summary

This report provides an update on the disposal of Council property located at 615A Great Western Highway, Greystanes and recommends that Council approve a variation to the contract due to extent of additional remediation works required.

 

Recommendation

That Council:

1.     Endorse the approval of a total maximum project variation of $1,100,089 Ex GST, to finalise the remediation of the site to enable the sale to proceed according to the contractual agreement with the purchaser.

2.     Delegate authority to the General Manager to finalise the documentation.

 

Report

At the 16 October 2019 Council Meeting, Council resolved (Min.738):

That Council:

“ 1. Accept the Tender Evaluation Panel’s recommendation to award the contract to RMA Contracting Pty Ltd (ABN 28 092 116 704) in accordance with clause 178(1)(a) of the Local Government (General) Regulations 2005, for $546,338 excluding GST.

2. Delegate to the General Manager the authority to execute the contract and any associated documents.”

Following the Council resolution, the contract was awarded and the remediation works commenced. For additional assurance, Council appointed an expert accredited site auditor to oversight the remediation works, as recommended by the Environmental Protection Authority (EPA).

Whilst Council’s pre-tender estimate on the remediation works provided by its remediation expert consultant JBS&G was $1.5 million, all tender bids came in markedly below this figure when the remediation action plan was assessed and agreed to by the successful tenderer as part of the tender process. Whilst this report outlines a number of unforeseen factors including significant additional site contamination identified, the maximum variation sought for endorsement by Council is within an acceptable range when compared in the pre-tender estimate by JBS&G.

 

Following site establishment and works commencing, the remediation methodology as identified in the revised Remediation Action Plan (RAP) was not producing the expected remediation results onsite, due to the unforeseen excessive amounts of anthropogenic fines, including small pieces of asbestos including friable dispersed throughout the site. It was determined that continuing with this RAP methodology was not sustainable, would lead to markedly increased costs and jeopardise Council delivering on its contractual obligations under the agreement with the purchaser of the site.

 

It was then determined that the introduction of a Table Screen and Power Screen methodology was required to be implemented for management of the soil remediation. This has delivered positive results and Practical Completion of this project is anticipated to be by the end of July 2020.

 

As a result of the above, and due to unforeseen contamination underground, additional estimate costs ($1,050,000 in total) and activities to reach Practical Completion are required to be endorsed by Council. A summary of these works are below:

 

1.  $ 106,466 for works completed to date including power screen hire, extension of preliminaries, and disposal offsite of 148 tonnes of Special Waste as per schedule unit and provisional rates detailed as follows:

·    $ 39,600 for Variation - 24 days of Power Screen hire

·    $ 5,950 for Variation - 7 days stand down time – offset by savings on waste classification and tip fees

·    $ 22,855 for Variation  - 30 days extension to preliminaries

·    $ 38,061 for Variation - Special Waste disposal using schedule rates.

2.  $ 60,000 estimate for additional Table Screen hire – which has resulted in net savings to Council of approximately $300,000 in disposal costs.

3.  $ 489,000 estimate for off-site disposal of estimated 1,900 tonnes of Special Waste asbestos at tendered provisional unit rates.

4.  $ 27,000 estimate for Spraygrass application to control dust and erosion at tendered provisional unit rates.

5.  $ 334,000 estimate for remediation of hotspot at Power Pole – latent condition - disposal of an estimated 1,300 tonnes of soil contaminated with friable asbestos at tendered provisional unit rates.

6.  $ 33,534 estimate for disconnection of power lines the removal & disposal of existing power pole, dispose approximately 25 cubic metres of friable asbestos at tendered provisional unit rates and reinstall new power pole and reconnection of power line.

 

Items 5 and 6 are currently being reviewed for alternative solutions, and the full extent of these costs may not be required if an appropriate solution is reached with respect to the remediation/relocation of electrical power lines and power pole.

 

The approval of this Project Request will lead to a total maximum project cost of $1,792,854. This amount is based on current known quantities to be disposed offsite. The final contract sum for RMA Consulting will be based on actual quantities multiplied by the applicable tendered unit rates.

 

The Remediation Contractor must remediate the site as per the approved Remedial Action Plan (RAP).

 

Under the contract agreement, any remediation costs over $1.5 million are equally shared by Council and the purchaser. Therefore in this instance, should the project reach the total maximum amount of $1,792,854, the purchaser is required to pay a share of $146,427. Therefore, the total maximum project cost to Council is $1,646,427. In the initial contract executed, it was estimated that project remediation costs would be in the vicinity of $1,500,000.

The variation claims have been assessed by Council’s Capital Works team and are considered fair and reasonable. The variations are required to ensure the project is completed and the sale of the parcel of land can occur in accordance with the signed Contract with the purchaser.

 

The quantities are verified by JBS&G, Council’s appointed Specialist Consultant onsite and audited by Napier & Blakeley, Council’s appointed Quantity Surveyor Consultant.

The “quality and standard” of remediation works are verified by ZOIC, Council’s appointed Site Auditors.

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

Council is already committed to the sale and remediation of this site and has executed a contract with the purchaser. As a result, Council must continue with these works in order to meet the contractual obligations to the purchaser and the deadline as specified. Should Council not proceed, it would present significant legal, reputational and financial risks to Council.

Financial Implications

The additional remediation works will be funded by the deposit received from the sale and cost sharing arrangement specified in the contract. Whilst Council will receive a reduction in net proceeds from the sale, the final cost is within the limits expected and with the complexity of remediating land, Council has taken all possible due diligence in relation to this matter and the level of remediation is always difficult to calculate.

The amount being sought for Council resolution is a total maximum amount, and if alternative elements of the remediation works are able to be resolved then only the amount required to be expended will be utilised.

CONCLUSION

This report provides an update in relation the disposal of Council property located at 615A Great Western Highway, Greystanes and recommends that Council approve a variation to the contract due to additional remediation works required. The additional costs that contribute to the variation are detailed in the report.

 

Attachments

Nil

 


Council Meeting

 15 July 2020

 

 

Item No: C07/20-501

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 provides an update on the public exhibition for the new Cumberland Local Environmental Plan and outlines the recommended planning controls in response to further review and submissions. The report also identifies Council’s strategic planning work program to progress further work following the finalisation of the new Local Environmental Plan. It is recommended that Council endorse the proposed planning controls for Cumberland City as outlined in this report, and that the planning proposal be forwarded to the Department of Planning, Industry and Environment 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.  Endorse the planning controls for places of public worship, as provided at Attachment 5, which were included in the draft planning proposal for the Cumberland Local Environmental Plan and have not changed following exhibition.

5.  Endorse the planning controls for Cumberland City, as provided at Attachment 7, which reflect proposed general amendments following public exhibition and further review by Council officers.

6.  Endorse the planning controls for Cumberland City, as provided in Attachment 8, which reflect proposed site specific amendments following public exhibition and further review by Council officers.

7.  Note the site specific requests received as part of the process for the new Cumberland Local Environmental Plan.

8.  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 12.

9.  Prepare a planning proposal for each of the key centres and strategic corridors identified in the strategic planning work program as provided in Attachment 12, with the following activities to be undertaken prior to  further reports 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

10.   Endorse the updated planning proposal for the new Cumberland Local Environmental Plan, as provided at Attachment 13.

11.   Delegate to the General Manager the authorisation to make minor revisions to the planning proposal and supporting documentation, as necessary, following Council’s deliberations, to ensure the desired objectives and intended outcomes can be achieved.

12.   Forward the planning proposal for the new Cumberland Local Environmental Plan to the Department of Planning, Industry and Environment for finalisation, in line with agreed State Government milestones. 

13.   Note the Cumberland Local Environmental Plan will be published in the Government Gazette upon 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

This report provides further information in the following areas:

·    Post exhibition report for new Cumberland Local Environmental Plan

·    Proposed planning controls for places of public worship

·    Proposed post exhibition amendments to planning controls

·    Proposed post exhibition site specific amendments and Council’s strategic planning work program

·    Updated planning proposal for the new Cumberland Local Environmental Plan

1. POST EXHIBITION REPORT FOR THE NEW CUMBERLAND LOCAL ENVIRONMENTAL PLAN

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 latter part of this report.

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 relevant section in this report)

 

Minor changes to site specific planning controls in response to submissions received (refer to relevant section in this report)

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 relevant section in this report)

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 relevant section in this report)

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 relevant section in this report)

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 relevant section in this report)

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


2. PROPOSED PLANNING CONTROLS FOR PLACES OF PUBLIC WORSHIP

Draft planning controls

Places of public worship are currently permissible in all zones under the Auburn LEP (except for the E2 Environmental Conservation and W1 Natural Waterways zones), all zones under the Holroyd LEP (except for the SP2 Infrastructure, RE1 Public Recreation, RE2 Private Recreation, E2 Environmental Conservation and W1 Natural Waterways zones), and all zones under the Parramatta LEP (except for R2 Low Density Residential, SP2 Infrastructure, RE1 Public Recreation, RE2 Private Recreation, and E2 Environmental Conservation zones).

Council previously endorsed and exhibited the following planning approach for places of public worship in the draft Cumberland LEP:

·    Permit places of public worship with consent in the R3, R4, IN1 and IN2 zones

·    Specifically prohibit them in all other zones in the Cumberland LEP

·    For existing places of public worship zoned SP1 in the Parramatta LEP area, apply the surrounding zone in place of the SP1 zone, providing a consistent approach across the city. Existing use rights will apply where a valid development consent is in place

·    Insert an additional objective in the Land Use Table for the R3 and R4 zones to ensure that places of public worship are located in a context and setting that minimises impacts on the amenity of a low density residential environment

·    Introduce new local provisions regarding places of public worship in R3 and R4 zones, including a minimum lot size of 2,000m2 for places of public worship and consent authority considerations

Further review of proposed planning controls

A further review of the proposed planning controls for places of public worship has been undertaken by Council officers in response to the public submissions.

Whilst there is genuine concern about the potential prohibition of places of public worship in certain zones, some parties may be unclear in the application of existing use rights provisions and how these laws protect places of public worship with a valid development consent.

There are a number of pathways in relation to planning controls for places of public worship where the new Cumberland LEP would prohibit its use that could be considered by Council, as shown in Figure 3. This includes the following pathways:

·    Existing places of public worship with a valid development consent in prohibited zones have existing use rights, where minor works are permitted within the existing site

·    Expansion of places of public worship with a valid development consent in prohibited zones could have a targeted expansion if an additional clause is included in the new Cumberland LEP

·    New places of public worship and other proposals in prohibited zones could pursue an owner-initiated planning proposal; however, this would need to following the usual processes and would require support from Council

Figure 3: Potential planning pathways for places of public worship in proposed prohibited zones

In support of these pathways, a range of options regarding potential LEP clauses to permit places of public worship in residential areas have been prepared that may be considered by Council.  These are further outlined in Attachment 6 and include: 

·    Allowing existing and new places of public worship in the R2 Low Density Residential zones

·    Prohibiting new places of public worship in the R2 Low Density Residential zone but permitting existing places of public worship to expand within their own site under existing use rights

·    Prohibiting new places of public worship in the R2 Low Density Residential zone and permitting existing places of public worship to expand to one adjoining site

·    Prohibiting new places of public worship in the R2 Low Density Residential zone and permitting existing places of public worship to expand to multiple adjoining sites (with the number of sites to be determined by Council)

·    Permit new places of public worship in the R2 Low Density Residential zone subject to a 2,000m2 lot size that cannot be varied

·    Permit new places of public worship in the R2 Low Density Residential zone subject to a 2,000m2 lot size that can be varied by way of a clause 4.6 submission

While these clauses relate to residential zones, it is noted that some of these options may also be applicable for other zones (eg. business zones) where places of public worship are proposed to be prohibited. 

Advice from Cumberland Local Planning Panel

The Cumberland Local Planning Panel provided advice on the planning controls for places of public worship at the June 2020 meeting.  This advice indicated that:

·    Council consider permissibility of places of public worship in business zones

·    Supports places of public worship as a prohibited use in the R2 Low Density Residential zone

·    Believes existing use rights provide sufficient protection for all existing places of public worship

·    Supports the minimum site area of 2000m2 for places of public worship in the R3 Medium Density Residential zone and R4 High Density Residential zone

3. PROPOSED POST EXHIBITION AMENDMENTS TO PLANNING CONTROLS

Post exhibition review

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 2 and Attachment 7.

 


 

 

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. Covered in relevant section of this 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 requests 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. Covered in relevant section of this report

 

Table 2: 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 3 and Attachment 7.

 

 

 

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 3: 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 4 and Attachment 7, 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 4: Proposed minor site-specific amendments to the Cumberland LEP

4. PROPOSED POST EXHIBITION SITE SPECIFIC AMENDMENTS AND COUNCIL’S STRATEGIC PLANNING WORK PROGRAM

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 5.

 

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 5: 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.

A selected number of site specific requests have been identified to be included in the new Cumberland LEP.  These amendments, as outlined in Table 6 and Attachment 8, 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 amendments are also supported by the Cumberland Local Planning Panel. It is recommended that these site specific amendments 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)
with corresponding increase in height and FSR

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 Street, 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 6: Proposed post-exhibition amendments to draft Cumberland LEP

The remaining site specific requests received as part of the process for the new Cumberland LEP are provided in Attachments 9, 10 and 11. It is recommended that these requests are noted and may be considered in the future by Council.

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 4).  Since the preparation of this high level program, Council officers have further considered the scope and implementation approach for this planning work. 


 

Figure 4: 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 7, 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 development in the area.  Site specific requests received as part of the Cumberland LEP process may 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 7: Indicative scope of works for strategic planning work program

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 status 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 12.  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.

5. UPDATED PLANNING PROPOSAL FOR NEW CUMBERLAND LOCAL ENVIRONMENTAL PLAN

Planning proposal for new Cumberland LEP

An updated planning proposal has been prepared following public exhibition, consideration of submissions and further review by Council officers. The key objectives and intended outcomes of the planning proposal for the new Cumberland LEP include:

·    Harmonising existing planning controls into a single planning framework

·    A consistent minimum lot size for dual occupancy development in Cumberland

·    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 significance

·    Consistent planning approach for specific land use, including places of public worship and sex services premises

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

Earlier sections of this report outline the detail of the proposed planning controls for Cumberland City, and proposed changes to the draft Cumberland LEP in response to further review and submissions.  The Gateway Determination (Attachment 14) has also been reviewed by Council officer and the conditions have been addressed, as outlined in Attachment 15.

It is recommended that Council endorse the updated planning proposal for the new Cumberland LEP, provided at Attachment 13, to be forwarded to the Department of Planning, Industry and Environment for finalisation and gazettal.

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.

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

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 endorse the planning controls for Cumberland City as outlined in this report, and that the planning proposal 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  

5.     Recommended planning controls for places of public worship  

6.     Options analysis for additional LEP clauses on places of public worship  

7.     Recommended general amendments (post-exhibition) to Cumberland LEP  

8.     Recommended site specific amendments (post-exhibition) to Cumberland LEP  

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

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

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

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

13.   Cumberland LEP planning proposal (updated post exhibition)  

14.   Gateway Determination  

15.   Summary of response to Gateway conditions   

 


DOCUMENTS
ASSOCIATED WITH
REPORT C07/20-501

Attachment 1

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


Council Meeting

 15 July 2020


 


 


 


 


 


 


Council Meeting

 15 July 2020


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council Meeting

 15 July 2020


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


DOCUMENTS
ASSOCIATED WITH
REPORT C07/20-501

Attachment 2

Government agency submissions


Council Meeting

 15 July 2020


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


DOCUMENTS
ASSOCIATED WITH
REPORT C07/20-501

Attachment 3

Cumberland Local Planning Panel minutes February 2020


Council Meeting

 15 July 2020


 


 


 


 


DOCUMENTS
ASSOCIATED WITH
REPORT C07/20-501

Attachment 4

Cumberland Local Planning Panel minutes June 2020


Council Meeting

 15 July 2020


 


 


DOCUMENTS
ASSOCIATED WITH
REPORT C07/20-501

Attachment 5

Recommended planning controls for places of public worship


Council Meeting

 15 July 2020


DOCUMENTS
ASSOCIATED WITH
REPORT C07/20-501

Attachment 6

Options analysis for additional LEP clauses on places of public worship


Council Meeting

 15 July 2020


 


 


DOCUMENTS
ASSOCIATED WITH
REPORT C07/20-501

Attachment 7

Recommended general amendments (post-exhibition) to Cumberland LEP


Council Meeting

 15 July 2020


 


 


 


 


 


 


 


 


DOCUMENTS
ASSOCIATED WITH
REPORT C07/20-501

Attachment 8

Recommended site specific amendments (post-exhibition) to Cumberland LEP


Council Meeting

 15 July 2020


 


 


 


 


 


 


 


 


 


 


 


 


DOCUMENTS
ASSOCIATED WITH
REPORT C07/20-501

Attachment 9

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


Council Meeting

 15 July 2020


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


DOCUMENTS
ASSOCIATED WITH
REPORT C07/20-501

Attachment 10

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


Council Meeting

 15 July 2020


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


DOCUMENTS
ASSOCIATED WITH
REPORT C07/20-501

Attachment 11

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


Council Meeting

 15 July 2020


 


 


 


 


 


 


 


 


 


 


 


DOCUMENTS
ASSOCIATED WITH
REPORT C07/20-501

Attachment 12

Strategic planning work program - key centres and strategic corridors


Council Meeting

 15 July 2020


 


DOCUMENTS
ASSOCIATED WITH
REPORT C07/20-501

Attachment 13

Cumberland LEP planning proposal (updated post exhibition)


Council Meeting

 15 July 2020


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


DOCUMENTS
ASSOCIATED WITH
REPORT C07/20-501

Attachment 14

Gateway Determination


Council Meeting

 15 July 2020


 


DOCUMENTS
ASSOCIATED WITH
REPORT C07/20-501

Attachment 15

Summary of response to Gateway conditions


Council Meeting

 15 July 2020