Agenda of Council Meeting

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

5 August 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

C08/20-503 Minutes of the Ordinary Meeting of Council - 15 July 2020... 5

6 Mayoral Minutes

Nil

7 Public Forum / Presentation of Petitions

8 Items Resolved by Exception

9 Reports to Council

General Manager

C08/20-504 Delegations to Determine Applications to Modify Development Consents.................................................... 21

Director Community and Organisation Development

Nil

Director Finance & Governance

C08/20-505 Investment Report - June 2020........................................ 37

C08/20-506 Update on Approved Mayoral Community Fund Applications..................................................................... 61

Director Environment & Planning

C08/20-507 Review of Cumberland Design Excellence Panel............... 67

C08/20-508 Urban Tree Strategy - Post Exhibition Report.................... 93

C08/20-509 Sustainability Action Plan - Post Exhibition Report........... 173

Director Works & Infrastructure

C08/20-510 Response to Matter of Urgency - Dumping of Trolleys..... 193

C08/20-511 Draft Wyatt Park Plan of Management............................ 197

10 Reports of Council Committees

Nil

11 Motions Pursuant to Notice

Nil

12 Notices of Rescission

RES08/20-6 Notice of Rescission - Mayoral Minute - Councillor Briefings and Workshops during Covid-19..................................... 301

13 Questions on Notice

Nil

14 Closed Session Reports

C08/20-512 Request from Fire & Rescue NSW for a Fire Safety Audit on Identified Building

Note: Included in Closed Council in accordance with Section 10A(2)(d)(i) of the Local Government Act as the information involves commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

C08/20-513 Renewal of Computers

Note: Included in Closed Council in accordance with Section 10A(2)(c) of the Local Government Act as the information involves information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

15 Other / General Matters

16 Close

Council Meeting

5 August 2020

Item No: C08/20-504

Delegations to Determine Applications to Modify Development Consents

Responsible Division: General Manager

Officer: General Counsel

File Number: 2041456

Community Strategic Plan Goal: Transparent and accountable leadership

Summary

On 30 June 2020, the Minister for Planning and Public Places issued a new direction under s.9.1 of the Environmental Planning and Assessment Act 1979 (the Act). The direction prescribes certain applications for modifications of a development consent under s.4.55(2) of the Act which must be determined by local planning panels and notes that Council should make arrangements for whether the Panel or Council staff are to determine all other types of modification applications.

This report recommends that Council delegate power to the General Manager to determine all applications under section 4.55(1) and s.4.55(1A) of the Act, and all s.4.55(2) applications not covered by the Ministerial direction. For s.4.56 applications, it is recommended that the Minister’s criteria for s.4.55(2) applications be adopted to determine who the consent authority is.

Recommendation

That pursuant to s.377 of the Local Government Act 1993, Council:

1. Delegate power to the General Manager to determine all applications to modify a development consent under s.4.55(1) and s.4.55(1A) of the Environmental Planning and Assessment Act 1979.

2. Note s.4.55(2) applications which must be determined by the Cumberland Local Planning Panel pursuant to the direction issued under s.9.1 of the Environmental Planning and Assessment Act 1979 by the Minister for Planning and Public Spaces on 30 June 2020.

3. Delegate power to the General Manager to determine all applications to modify a development consent under s.4.55(2) of the Environmental Planning and Assessment Act 1979 other than those applications which must be determined by the Cumberland Local Planning Panel pursuant to the s.9.1 direction.

4. Delegate power to the General Manager to determine all applications to modify a development consent under s.4.56 of the Environmental Planning and Assessment Act 1979 other than those applications which would be determined by the Panel if the application was treated as a s.4.55(2) application, in which case the Panel is to be the consent authority.

Report

Council has consent authority functions under part 4 of the Act to determine development applications (DA) and applications to modify development consents (Modifications).

Section 4.8(2) of the Act provides that Council’s consent authority functions are not exercisable by the councillors, but rather are exercisable by:

(a) the local planning panel, or

(b) an officer or employee of the council to whom the council delegates those functions.

Section 4.8(3) enables the Minister for Planning and Public Places power to give directions to councils under s.9.1 on the types of DAs and Modifications that are to be determined on behalf of the council by a local planning panel.

The Minister gave a s.9.1 direction on 23 February 2018. For the most part, that direction was consistent with Council procedures for when a DA would be determined by the Cumberland Local Planning Panel (the Panel) and when it would be determined by staff. Complete uniformity in respect of DAs was achieved following a resolution at Council’s meeting on 20 November 2019 that Council rescind the Cumberland Local Planning Panel Policy and Cumberland Local Planning Panel Procedure, and continue to rely on the current provisions of the relevant Ministerial Directions for the operation of Local Planning Panels, as applicable to Cumberland.

A new s.9.1 direction was issued 30 June 2020, a copy of which is at Attachment 1.

The types of DAs to be determined by the Panel remain unchanged. The only way in which the new direction differs from the old direction is the addition of a paragraph to explain what a unique submission is in the context of contentious development whereby the receipt of 10 or more unique submissions triggers consent authority functions for the Panel.

In respect of Modifications, the new direction provides as follows:

Local planning panels are to determine applications under s.4.55(2) of the Act for the modification of development consents granted by the panel that:

· propose amendments to a condition of development consent recommended in the council assessment report but which was amended by the panel, or

· propose amendments to a condition of development consent that was not included in the council assessment report but which was added by the panel, or

· meet the criteria for development applications set out in the Schedules to the direction relating to conflict of interest, contentious development or departure from development standards.

Note: Councils … are generally precluded from exercising consent authority functions by operations of section 4.8(2) of the Act. This means councils should make arrangements for the determination of all other modification applications under section 4.55(2), as well as sections 4.55(1) and (1A) of the Act, by council staff. Councils should also make arrangements for the determination of modification applications under section 4.56 of the Act by either the local planning panel or council staff.

The direction differs from Council’s 5 September 2018 resolution on delegations for determining Modifications whereby Council resolved to delegate to the General Manager the authority to determine all s4.55(1A) applications and all s4.55(1A), s.4.55(2) and s4.56 applications, except where the modification involves (i) a variation to a development standard, or (ii) a substantial departure from the SEPP 65 Apartment Design Guide, or (iii) a condition of consent that was specifically imposed by the Cumberland Local Planning Panel. There is a degree of subjectivity and uncertainty with Council’s resolution in terms of what comprises a substantial departure. Also, the reference to development standards is somewhat confusing given that there is no need to rely on a clause 4.6 submission to vary a development standards for Modifications.

The four types of modification applications are as follows:

s.4.55(1) To correct a minor error, misdescription or miscalculation.

s.4.55(1A) Modifications involving minimal environmental impacts.

s.4.55(2) All other modifications, not captured by s.4.55(1), s.4.55(1A) or s.4.56.

s.4.56 Modifications of consents granted by the Court.

The direction and its note:

· specifies certain s.4.55(2) applications which must be determined by the Panel;

· says that Council’s should make arrangements for the determination of all other s.4.55(2) applications and all s.4.55(1) and s.4.55(1A) applications by council staff (i.e. not the Panel); and

· leaves it open to Council to make arrangements for whether the Panel or council staff should determine s.4.56 applications.

Consistent with the note and in recognition of their limited town planning importance, it is recommended that Council delegate to the General Manager the power to determine all s.4.55(1) and s.4.55(1A) applications, in addition to those s.4.55(2) applications beyond those which the direction nominates the Panel as the consent authority. NB – The General Manager will not himself take on a determining role and any powers delegated to him for the determination of Modifications will be sub-delegated to appropriate town planning staff under s.378 of the Local Government Act 1993.

The complexity of s.4.56 applications can vary from simple to complex. Options for delegating power to determine s.4.56 applications include, without limitation, the following:

1. Delegate all power to the General Manager, meaning that no s.4.56 application may be determined by the Panel.

2. Delegate all power to the General Manager, other than for Modifications where the staff elect not to apply their delegation, in which case the Panel will be the consent authority.

3. Delegate power to the General Manager to determine Modifications other than where the Panel would be the consent authority if the application was treated as being a s.4.55(2) application (thereby incorporating the same triggers for changing Panel conditions, for conflicts of interest, for contentious development and for departure from development standards).

4. Delegate power to the Panel to determine all s.4.56 applications.

Option 4 is not recommended as in some cases the application will be relatively straightforward and the additional time and cost of needing to refer the application to the Panel is unwarranted.

Option 1 is not recommended as it is inflexible in not allowing the staff under any circumstance to refer an application to the Panel when in some cases, there may be benefit in relying on the Panel’s expertise and overview.

Options 2 and 3 are both viable options. Option 2 is grants power for Council staff to determine s.4.56 Modifications but allows some discretion if they wish not to exercise their delegation and to instead rely on the Panel. For transparency and consistency of approach, option 3 sets certain parameters and on balance, is suggested as the preferred course of action.

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

The Ministerial Direction commenced on 1 August 2020. It is important that clarity is provided on delegations in a timely manner to ensure continuity in arrangements for the determination of modification applications by the Panel or Council staff. Settling and applying clear terms for delegations will eliminate risks of third parties bringing Court proceedings challenging consents on the basis that the consent authority was not empowered to make a determination.

Financial Implications

Financial implications arise in terms of payments that are made to panel members for attendance at panel meetings. The determination of delegations should primarily be based on sound town planning and probity reasons with financial implications given lesser weight.

CONCLUSION

It is recommended that Council delegate power to determine Modifications in line with the new Ministerial direction and generally maximising delegations for Council staff with regard to s.4.55(1), s.4.55(1A) and s.4.55(2) applications. For s.4.56 applications, it is recommended that Council staff treat them in the same fashion as a s.4.55(2) application in determining whether it is the Panel or Council staff that have delegation to determine the application.

Attachments

1. August 2020 Local Planning Panels Direction

Council Meeting

5 August 2020

Item No: C08/20-505

Investment Report - June 2020

Responsible Division: Finance & Governance

Officer: Director Finance & Governance

File Number: A-05-01/05

Community Strategic Plan Goal: Transparent and accountable leadership

Summary

This is a report from the Director Finance & Governance providing an update on the performance of Council’s investment portfolio to 30 June 2020.

Recommendation

That Council receive the report.

Report

Included in this report are the following items that highlight Council’s investment portfolio performance for the month, year-to-date to 30 June 2020, and an update on the investment environment.

Council Investments as at 30 June 2020

Council’s investment portfolio has a current market value of $136,746,373. This represents a premium of $1,141,567 above the face value of the portfolio being $135,604,806 and generates a 1.84% average purchase yield. The following table reflects Council’s holding in various investment categories.

Investment Portfolio Performance

The investment returns for the month year-to-date of 30 June 2020 outperformed the current month benchmark and exceeded the Year to date benchmark.

Performance – Current Month 30 June 2020

For the month of June, Council‘s portfolio generated interest earnings of $210,564. This is $5,085 lower than the budget of $215,649 and outperformed the AusBond Bank Bill Index by 0.20%, as detailed below:-

Performance – Year-to-date 30 June 2020

For the year-to-date, Council‘s portfolio generated interest earnings of $2,858,876. This is $271,085 higher than the budget of $2,587,791 and outperformed the AusBond Bank Bill Index by 1.07%, as per below:-

Note

Council owns fixed rate bonds and notes and, due to the declining interest market over the last twelve months, these investments will need to be revalued for 30 June 2020. In Council’s annual financial statements for period ending 30 June 2020, the interest income will reflect a further gain of $400,000. This is a non-cash transaction and is required due to Australian Accounting Standards.

Community Engagement

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

Policy Implications

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

Risk Implications

To manage risk, key criteria are incorporated into Cumberland City Council’s investment making decisions, as detailed below:-

Preservation of Capital

The requirement for preventing losses in an investment portfolio’s total value (considering the time value of money).

Diversification

Setting limits to the amounts invested with a particular financial institution or government authority to reduce credit risk.

Credit Risk

The risk that an investment of Council fails to pay the interest and/or repay the principal of an investment.

Maturity Risk

The longer the term of the investment, the greater the exposure to potential changes in interest rates, market volatility and credit quality of an issuer.

Financial Implications

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

CONCLUSION

Council hereby certifies that the investments listed above have been made in accordance with Section 625 of the Local Government Act 1993, Clause 212 of the Local Government (General) Regulation 2005 and Council’s Investment Policy

Attachments

1. Investment Summary Report June 2020

2. Economic and Investment Portfolio Commentary June 2020

Council Meeting

5 August 2020

Item No: C08/20-506

Update on Approved Mayoral Community Fund Applications

Responsible Division: Finance & Governance

Officer: Director Finance & Governance

File Number: 8281543

Community Strategic Plan Goal: Transparent and accountable leadership

Summary

This report provides an update on Mayoral Community Fund applications approved since 3 June 2020.

Recommendation

That Council receive the report.

Report

The report outlines the details of Mayoral Community Fund applications approved since 3 June 2020, in accordance with the Council resolution made at the Ordinary Council meeting held on 3 June 2020, Min. 720:

“That Council re-adopt the Mayoral Community Fund Guidelines and that all grants be reported to Council at the next Ordinary Council Meeting.”

Details of each approved application can be reviewed in the attachment provided.

Community Engagement

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

Policy Implications

The approved applications are in accordance with the Council endorsed Mayoral Community Fund Guidelines.

Risk Implications

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

Financial Implications

The Mayoral Community Fund is budgeted at $30,000 per annum. These approved applications are budgeted from this annual budget.

CONCLUSION

Mayoral Community Funding was granted to two applicants since 3 June 2020.

Attachments

1. Mayoral Community Fund Report

Council Meeting

5 August 2020

Item No: C08/20-507

Review of Cumberland Design Excellence Panel

Responsible Division: Environment & Planning

Officer: Director Environment & Planning

File Number: SC629

Community Strategic Plan Goal: A resilient built environment

Summary

The purpose of this report is to provide an update of a review on the operation of the Cumberland Design Excellence Panel, in accordance with Council’s resolution on the matter.

Based on the outcomes of the review, it is recommended that Council re-adopt the Design Excellence Panel Policy and note the refinements to the Design Excellence Panel Procedures to balance urban design outcomes with the timely consideration of development applications.

Recommendation

That Council:

1. Re-adopt the Design Excellence Panel Policy.

2. Note the refinements to the Design Excellence Panel Procedures.

Report

Review of Design Excellence Panel

On 5 December 2018, Council resolved to establish a Design Excellence Panel to advise on all applications involving buildings above 25m height, including those to which design excellence provisions apply, and engage qualified experts for panel membership for a period of two years. Council also resolved to review the operation of the Panel 12 months after the formal commencement.

The purpose of the Design Excellence Panel is to act as an advisory panel to provide expert design feedback and promote improved design quality and aims to achieve a better built form. The panel consists of external experts in the fields of architecture and urban design and the objective is to assist in improving the design quality of buildings leading to a better built form within Cumberland City.

In accordance with Council’s resolution, a review has been undertaken by Council officers of the operation of the Panel 12 months after the formal commencement, which is based on the adoption of the Policy in August 2019.

A total of six panel meetings has taken place to date, with 10 applications reported to the Design Excellence Panel. In relation to the status of the 10 applications, one application has been finalised to approval stage, with the remainder at pre development application stage (four applications) or the development application stage (five applications). Of the 10 applications reported, eight of these applications have been re-referred to the Panel with amendments as required by the Panel.

A review of the operation of the Panel and its meetings has identified some positive features, including:

· Design outcomes are being raised in the preliminary stages of the development;

· The Panel is assisting with the delivery of high quality built form in Cumberland City’s centres; and

· The Panel is assisting in shaping Cumberland City into vibrant, attractive and liveable spaces.

However, the review has also identified the following concerns:

· The Panel is providing advice on planning issues which is not the intent of a design panel;

· The assessment timeframes of an application is being extended due to the deferrals, impacting on applicants gaining a determination on a proposal; and

· With the Panel deferring a number of applications, this has a financial impact on Council.

Based on the outcomes of the review, improvements have been identified in the operation of the Design Excellence Panel to balance urban design outcomes with the timely consideration of applications. These improvements are proposed to be included through refinements to the Design Excellence Panel Procedures and will be implemented by Council officers in the future operation of the Panel.

Design Excellence Panel Policy

On 3 April 2019, Council resolved to adopt an Interim Design Excellence Panel Policy to enable the establishment of the Panel. Following a period of public exhibition, Council adopted the Design Excellence Panel Policy on 7 August 2019.

The adopted Policy has a review period of 12 months. As the improvements identified for the Design Excellence Panel do not relate to the scope of the Policy and no further amendments are proposed for the Policy, it is recommended that Council re-adopt the Design Excellence Panel Policy. Should the policy be readopted, the refinements to the Design Excellence Panel Procedures identified in this report will be submitted for approval by the General Manager.

Community Engagement

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

Policy Implications

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

Risk Implications

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

Financial Implications

The operation of the Design Excellence Panel is covered within Council’s budget, with some income received through fees to be paid with the lodgement of an application to the Panel. The refinements to the Design Excellence Panel Procedures will enable Council officers to ensure that value for money is provided with the operation of the Panel.

CONCLUSION

The Cumberland Design Excellence Panel has been in operation to support higher levels of architecture and urban design quality for the built form in the area. Based on the outcomes of the review on the Panel, it is recommended that Council re-adopt the Design Excellence Panel Policy and note the refinements to the Design Excellence Panel Procedures to balance urban design outcomes with the timely consideration of development applications

Attachments

1. Cumberland Design Excellence Panel Policy

2. Cumberland Design Excellence Panel Procedures

Council Meeting

5 August 2020

Item No: C08/20-508

Urban Tree Strategy - Post Exhibition Report

Responsible Division: Environment & Planning

Officer: Director Environment & Planning

File Number: SC475

Community Strategic Plan Goal: A clean and green community

Summary

This report recommends the adoption of the Urban Tree Strategy following a period of public exhibition.

Recommendation

That Council adopt the Urban Tree Strategy as outlined in Attachment 1 of this report.

Report

At the 20 May 2020 Ordinary Council meeting, Council resolved to place the Draft Urban Tree Strategy on public exhibition for community feedback (Min.689).

Subsequently, Council received 5 submissions for the Draft Urban Tree Strategy during the 36 day exhibition period. A summary of all submissions received and Council’s response is outlined in Attachment 2.

In accordance with the above, Council has now addressed all public feedback with minor changes to the document. It is recommended that the Urban Tree Strategy be adopted by Council as outlined in Attachment 1 of this report.

Community Engagement

Council publicly exhibited the Draft Urban Tree Strategy for a period of 36 days from 1 June to 6 July 2020 both on Council’s website, in local newspaper publications and at its customer service centres.

The Draft Urban Tree Strategy had 77 visits to the ‘Have Your Say’ community engagement website during the public exhibition period, with 40 people downloading the Draft Urban Tree Strategy. Submissions were received from 5 respondents.

Council has formally responded to all respondents who made a submission and notified them of the consideration of this item at this Council meeting.

Policy Implications

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

Risk Implications

The Strategy provides guidance to minimise risks associated with tree management, and will inform operational procedures by Council.

Financial Implications

Actions arising from the Strategy can be funded within the existing budget. Grant funding will also be sought on relevant actions where applicable.

CONCLUSION

Council has publicly exhibited the Draft Urban Tree Strategy and formally responded to all who made a submission. The Strategy is now recommended for adoption.

Attachments

1. Urban Tree Strategy 2020

2. Draft Urban Tree Strategy Public Submissions

Council Meeting

5 August 2020

Council Meeting

5 August 2020

Item No: C08/20-509

Sustainability Action Plan - Post Exhibition Report

Responsible Division: Environment & Planning

Officer: Director Environment & Planning

File Number: SC475

Community Strategic Plan Goal: A clean and green community

Summary

This report recommends the adoption of the Sustainability Action Plan following a period of public exhibition.

Recommendation

That Council adopt the Sustainability Action Plan as outlined in Attachment 1 of this report.

Report

At the 20 May 2020 Ordinary Council meeting, Council resolved to place the Draft Sustainability Action Plan on public exhibition for community feedback (Min.678).

Subsequently, Council received 2 submissions for the Draft Sustainability Action Plan during the 36 day exhibition period. A summary of all submissions received and Council’s response is outlined in Attachment 2.

In accordance with the above, Council has now addressed all public feedback and recommends the Draft Sustainability Action Plan be adopted by Council as outlined in Attachment 1 of this report.

Community Engagement

Council publicly exhibited the Draft Sustainability Action Plan for a period of 36 days from 1 June 2020 to 6 July 2020 both on Council’s website, in local newspaper publications and at its customer service centres.

The Draft Sustainability Action Plan had 46 visits to the ‘Have Your Say’ community engagement website during the public exhibition period, with 22 people downloading the Draft Sustainability Action Plan. Submissions were received from 2 respondents.

Council has formally responded to all respondents who made a submission and notified them of the consideration of this item at this Council meeting.

Policy Implications

Policy implications for Council are outlined in this report.

Risk Implications

The Action Plan provides guidance to minimise risks for Council in this area.

Financial Implications

Actions arising from the Action Plan can be funded within the existing budget. Grant funding will also be sought on relevant actions where applicable.

CONCLUSION

Council has publicly exhibited the Draft Sustainability Action Plan, and formally responded to all who made a submission. The Action Plan is now recommended for adoption.

Attachments

1. Sustainability Action Plan 2020

2. Sustainability Action Plan Public Exhibition Submissions

Council Meeting

5 August 2020

Sustainability Action Plan (SAP) - Summary of Submissions

In total, 2 submissions were received during the public exhibition period. One of the 2 submissions contained numerous comments and suggestions. The following table summarises all comments and suggestions received.

Comments / Suggestions	Council response	Changes to Plan
Submission 1
A true SAP would look at all aspects of Council's operations and influence, set benchmarks and targets and allocate budget and responsibilities to a comprehensive list of actions. The SAP has no gap analysis, no analysis of Council capacity or evaluation of Council's current sustainability, no targets or benchmarks, timeframes and success indicators.	Noted and acknowledged. The SAP is a summary of key actions aimed at communicating sustainability to the community in a meaningful and relatable way. Council’s operational plans that incorporate sustainability, include benchmarks, targets, budget considerations and responsible departments (for example the Water Efficiency Plan and the Energy Savings Action Plan). These plans are detailed in the Environmental Management Framework, which is referenced in the SAP on page 5 and forms part of the SAP. These plans are also summarised in the table on page 11 of the SAP. Sustainability goals and actions are embedded within Council’s Delivery Program and Operational Plan and progress is reported through the quarterly and annual review of those plans.	No changes. Detailed plans already exist and are reported on. The purpose of this document is to summarise those key actions and communicate the work around sustainability to the community. Evaluation occurs quarterly and annually via the Integrated Reporting Framework.
This plan cannot be evaluated.	Noted and Acknowledged. Sustainability goals and actions are embedded within Council’s Delivery Program and Operational Plan and progress is reported through the quarterly and annual review of those plans.	No change. Evaluation occurs quarterly and annually via the Integrated Reporting Framework.
There has been no evaluation of the existing sustainability plans of Auburn and Parramatta Councils, which would have identified a broader range of sustainability priorities.	Noted and acknowledged. At the time of Council mergers, all pre-existing policies were reviewed as part of the merger process. As newly formed Councils, new strategies and plans are developed which undertake extensive consultation and take into consideration the new boundaries and priorities for those areas.	No change. The consultation process incorporates reviews of related plans and strategies and identifies priorities for the new LGAs.
There are huge gaps in the areas of activity where Council could improve its sustainability performance, including community engagement, transport, procurement, governance, planning (beyond the “resilience” action), energy efficiency and water efficiency.	Noted and Acknowledged. The table on page 11 of the SAP references where the indicators for sustainable activity can be found. These plans and strategies include detail on types of actions which include those listed in the submission comments. These plans are also detailed in the Environmental Management Framework, which is referenced in the SAP on page 5 and forms part of the SAP. Sustainability goals and actions are also embedded within Council’s Delivery Program and Operational Plan and progress is reported through the quarterly and annual review of those plans.	No changes. Detailed plans which include actions as those mentioned in the submission, already exist and are referenced in the SAP.
Submission 2
We congratulate and commend Cumberland Council for its initiatives in ensuring it ‘will lead by example to deliver a clean, green and sustainable environment for current and future generations’	Noted.	No Change.

Council Meeting

5 August 2020

Item No: C08/20-510

Response to Matter of Urgency - Dumping of Trolleys

Responsible Division: Works & Infrastructure

Officer: Director Works & Infrastructure

File Number: SC79

Community Strategic Plan Goal: A clean and green community

Summary

This report provides a response to the Matter of Urgency - Dumping of Trolleys (Min.788), raised at Council’s Meeting of 20 November 2019.

Recommendation

That Council:

1. Receive the information contained within this report.

2. Continue to liaise with local shopping centre management and major retailers, in relation to their obligations to prevent abandoned shopping trolleys being discarded throughout the community.

3. Write to the Office of Local Government and the Minister for Local Government, requesting change to the Impounding Act 1993 to place greater responsibility on commercial retailers in preventing the abandonment of shopping trolleys on public land.

Report

Background

At Council’s meeting of 20 November 2019, a Matter of Urgency (Min.788) was raised regarding the dumping of trolleys. In considering this item, Council resolved the following:

“That Council:

1. Investigate options with respect to the removal and enforcement of abandoned/dumped shopping trolleys.

2. Consider options including the requirement for coin-operated or wheel-locking shopping trolleys as part of all development applications for new or upgraded shopping centres.

3. Receive a report detailing options to ensure shopping centres are held accountable for the control of abandoned shopping trolleys across the LGA.”

In response to this Matter of Urgency, Council Officers have considered the legal framework surrounding abandoned shopping trolleys and alternative approaches, in addition to future proactive measures such as the application of conditions of development consent.

Legislative Context

When considering the impounding of abandoned articles from a public place, Section 15 of the Impounding Act 1993 states:

“An impounding officer may impound an article found in the officer’s area of operations if the officer believes on reasonable grounds that the article has been abandoned or left unattended.”

Council’s Officers are therefore able to impound an abandoned or unattended shopping trolley and take the article to a Council depot for storage. The legislation then requires Council to undertake a process in relation to making all reasonable enquiries to find out particulars relating to the owner of the article and give them notice of the item impounded. This process can be resource intensive considering the number of trolleys that may be observed on any given day and so alternative means of controlling (identifying and removing) trolleys is recommended.

In addition to the impounding of an abandoned or unattended shopping trolley, a penalty notice of $220 may be issued to an individual for the offence - Abandon an article (not motor vehicle or shared device) in a public place. An important aspect to note however, is that the offence is committed by the person leaving the trolley, not the owner / retailer.

Although the Office of Local Government have recently completed a review of the Impounding Act 1993, it is recommended that Council write to that agency and the Minister for Local Government (being the Minister responsible for the gazettal of the Impounding Act 1993), requesting that greater consideration be given to the responsibilities of commercial retailers to prevent the abandonment of shopping trolleys on public land.

Alternative Approaches

In considering an alternative means to patrolling the Local Government Area and undertaking the resource intensive practice of Council Officers impounding abandoned trolleys, Council has been liaising with local shopping centres and major retailers to identify constructive solutions. One such means is by way of major retailers engaging a third party (eg. Trolley Tracker^TM) to monitor local areas and pick up observed or reported abandoned trolleys. Commitment to a service such as this can be beneficial to all stakeholders, which is the key to any successful community based program. The role of Council is therefore to liaise with shopping centres and individual retailers, to ensure that a regular monitoring and collection arrangement is in place and that the service is widely promoted.

In an attempt to keep trolleys within the confines of a shopping centre however, some retailers have trialled or use trolleys where wheel-locking systems activate once the trolley leaves a certain area. These devices are considered somewhat effective, however some members of the public still try to drag the trolley in a sideways or backward motion, to keep the trolley moving. Coin or token released shopping trolleys are therefore considered a preferred option as the coin or token is of value, creating an incentive for a shopping trolley to be returned. It should however be noted that the implementation of either of these solutions is at the shopping centre / retailer’s discretion, unless required by way of a condition of development consent or similar. Council Officers are therefore considering this approach for new shopping centres or for those premises being upgraded, which may provide somewhat of a solution in the future.

It is recognised that Council Officers will always need the option of pursuing enforcement action as mentioned earlier in this report, which includes the recent decision to treat trolleys unable to be identified (to an owner) as dumped rubbish and have them crushed. This swift action has had a positive result in retailer responsiveness, with abandoned trolleys now being collected within 2 hours of them being reported.

In revisiting the impounding process however, where an owner of a trolley is identified, it has been recognised that a greater incentive needs to be created for the owners of abandoned shopping trolleys to recover their article. In this regard and understanding that the major retailers now have access to a new shopping trolley for approximately $80 - $100, consideration has been given to reducing the impounding fee of $229 per item, previously listed in Council’s Pricing Policy, Fees & Charges (2019/2020). Preliminary investigations have suggested that a fee of $50 per item would create a greater incentive for trolleys to be reclaimed by their owner and have an inherent reduction in the number of trolleys stored at Council depots or disposed of to waste. This change has therefore been incorporated into Council’s Pricing Policy, Fees & Charges for 2020/2021.

Community Engagement

Council is continuing to engage with local shopping centre management in addition to major retailers in discussing long term solutions. In the interim, a collaborative approach is also being taken to education and the promotion of reporting abandoned shopping trolleys throughout the community.

Council are also utilising social media platforms to communicate with the community on this issue, which is having a positive impact in relation to residents voicing their expectations on retailer responsibility.

Policy Implications

The impounding fee contained in Council’s Pricing Policy, Fees & Charges has been amended for the 2020/2021 period.

Risk Implications

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

Financial Implications

Whilst a reduction in the impounding fee for an item has been implemented, it is envisaged that the revised fee would attract an incentive for retailers to reclaim abandoned trolleys which is currently not occurring. It is therefore anticipated that any impact to Council’s budget would be favourable.

CONCLUSION

Council Officers have considered the legal framework surrounding abandoned shopping trolleys, alternative approaches in addition to proactive measures such as the application of conditions of development consent to reduce the dumping of trolleys throughout the Cumberland LGA. A combined approach incorporating elements of each of these options is considered the most appropriate, to achieve the best outcome for the Cumberland Community.

Attachments

Nil

Council Meeting

5 August 2020

Item No: C08/20-511

Draft Wyatt Park Plan of Management

Responsible Division: Works & Infrastructure

Officer: Director Works & Infrastructure

File Number: PK000421

Community Strategic Plan Goal: A great place to live

Summary

Cumberland City Council has prepared a Draft Plan of Management and Landscape Masterplan for Wyatt Park, in accordance with the legislative requirements of the Local Government Act 1993 (the Act).

As required by the Local Government Act 1993, a draft Plan of Management must be placed on public exhibition for a period of no less than twenty-eight (28) days, with the public provided a period of no less than forty-two (42) days for submissions to be made. Council is also required to hold a public hearing with regard to the draft Plan of Management, as altering of the categorisation of community land has occurred under Section 36(4).

This report summarises the preparation process and objectives relating to the draft Plan of Management and Landscape Masterplan and recommends that the Draft Wyatt Park Plan of Management be submitted for the required Ministerial consent and then placed on public exhibition.

Recommendation

That Council:

1. Refer the Draft Wyatt Park Plan of Management to the NSW Department of Planning, Industry and Environment for Ministerial consent.

2. Upon receipt of Ministerial consent, place the Draft Wyatt Park Plan of Management on public exhibition for a period of 42 days, inviting submissions throughout that time in accordance with Section 38 of the Local Government Act 1993.

3. Provide a further report to Council detailing the outcome of the public exhibition period.

Report

The Local Government Act 1993 requires the preparation of Plans of Management for all areas of Council community land, to guide the future management and development of these areas. Community land is defined by the Act to include a natural area (including subcategories), a sportsground, a park, an area of Cultural Significance and general community use. This land may be developed on a generic, site specific or geographical basis.

The Crown Lands Management Act 2016 (CLMA), together with the Crown Land Legislation Amendment Act 2017, implements reforms identified through the comprehensive review of Crown land management. The CLMA allows Councils to manage Crown land under the provisions of the Local Government Act 1993 in respect to public land. Crown reserves managed by councils will generally be classified as community land and categorised under the Local Government Act 1993 with endorsement from the Minister for Planning, Industry and Environment.

Wyatt Park is a 23-hectare regional park with several significant recreation facilities, catering largely for organised sporting activities and large-scale community events. The park is bound by Olympic Drive, Church Street and Percy Street and is within walking distance to both Auburn and Lidcombe Railway Stations.

The site features an athletic track, netball facility, indoor youth facilities, basketball centre, cycling velodrome, skate track, aquatic centre, dog off-leash facility, event and sporting field facilities.

The purpose of this Plan of Management is to provide a ten-year strategic framework for the future use and sustainable management of Wyatt Park. The Plan is accompanied by a Landscape Masterplan and action plan to guide future asset management and capital works, in and around the park.

In addition to addressing the requirements of the Local Government Act 1993, Council’s specific objectives for Wyatt Park include:

· Co-location of park activities, including sports and events, family and youth.

· New and upgraded park infrastructure and recreation facilities, including a multi-purpose youth and community centre, an upgraded Cumberland Basketball Centre, play opportunities for all ages and abilities, paths, park furniture and picnic areas.

· Improved accessibility and connectivity for pedestrians, cyclists and vehicles to and from, and within the park.

· Increased amenity including shade, shelter and visual presentation.

· Improved security through passive surveillance, lighting and improved access to activate the park.

· Supplementary planting and associated landscaping works.

Land Categorisation

In accordance with Section 36 of the Local Government Act 1993, community land within the open space area has been identified and re-categorised to sportsground, park and general community use. This is an amendment to previously proposed categorisation of the land and is a direct result of the community consultation already undertaken (including public hearing).

Community Engagement

Preparation for the draft Plan of Management commenced in 2017 and has included research and analysis of the local community in addition to consideration of Council’s strategic directions. A project steering committee was also created to oversee workshops and meetings with internal / external stakeholders, including key sporting bodies and the Wyatt Park Local Parks Committee.

To provide further community consultation and to fulfil the requirements of the Local Government Act 1993, the draft Plan of Management and Landscape Masterplan will be placed on public exhibition for a period of 42 days to receive public submissions.

Details of this public exhibition period and a public hearing will be notified to the local community and stakeholders via Councils ‘Have Your Say’ page, email and newspaper advertisements.

Policy Implications

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

Risk Implications

Non-compliance with the requirements of the Local Government Act 1993 relating to the categorisation of Community Land, may result in legal action being instigated against Council.

Financial Implications

Funding for improvement works as outlined within the draft Wyatt Park Plan of Management Action Table, will be considered during the development of Council’s future Capital Works Program utilising available funds, including 7.11 Contributions, grants or lease income.

CONCLUSION

The draft Plan of Management has been prepared as a legislative instrument to guide the ongoing management and development of Wyatt Park in compliance with the requirements of the Local Government Act 1993 and Crown Lands Act 2016.

This report recommends that the draft Wyatt Park Plan of Management and Landscape Masterplan be submitted to the NSW Department of Planning, Industry and Environment for the required Ministerial consent and then placed on public exhibition for further community consultation.

Attachments

1. Wyatt Park Draft Plan of Management

2. Wyatt Park Masterplan

Council Meeting

5 August 2020