Council Meeting

 Wednesday, 19 August 2020 at 6:30pm

 

Cumberland City Council Chambers

 

Councillor Contact Details

 

 

Granville Ward
Clr Steve Christou (Mayor)	0419 651 187	Steve.Christou@cumberland.nsw.gov.au
Clr Joseph Rahme	0418 995 471	Joseph.Rahme@cumberland.nsw.gov.au
Clr Ola Hamed	0405 070 007	Ola.Hamed@cumberland.nsw.gov.au
Greystanes Ward
Clr Eddy Sarkis (Deputy Mayor)	0418 306 918	Eddy.Sarkis@cumberland.nsw.gov.au
Clr Greg Cummings	0417 612 717	Greg.Cummings@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 Paul Garrard	0414 504 504	Paul.Garrard@cumberland.nsw.gov.au
Clr Tom Zreika	0400 805 303	Tom.Zreika@cumberland.nsw.gov.au
Clr Glenn Elmore	0418 459 527	Glenn.Elmore@cumberland.nsw.gov.au
Wentworthville Ward
Clr Michael Zaiter	0418 432 797	Michael.Zaiter@cumberland.nsw.gov.au
Clr Suman Saha	0419 546 950	Suman.Saha@cumberland.nsw.gov.au
Clr Lisa Lake	0418 669 681	Lisa.Lake@cumberland.nsw.gov.au

 

 

 

 

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

 

 19 August 2020

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

C08/20-514    Minutes of the Ordinary Meeting of Council - 05 August 2020................................................................................. 5 

6    Mayoral Minutes

Nil 

7    Public Forum / Presentation of Petitions

8    Items Resolved by Exception

9    Reports to Council

      General Manager

C08/20-515    Legal Report................................................................... 19

      Director Community and Organisation Development

C08/20-516    Quarter 4 Performance Report on the Operational Plan 2019-20.......................................................................... 21

      Director Finance & Governance

C08/20-517    Monthly Management Report - June 2020........................ 91

C08/20-518    Investment Report - July 2020......................................... 95

C08/20-519    Local Government NSW Annual Conference 2020........... 159

C08/20-520    Draft Data Breach Response Policy................................ 179

C08/20-521    Finalisation of Milton Street, Lidcombe Proposed Road Closure......................................................................... 193

C08/20-522    Part Board Street, Lidcombe - Proposed Part Closure and Sale.............................................................................. 201

C08/20-523    Response to Notice of Motion - Draft Code of Meeting Practice - Post Exhibition............................................... 209

      Director Environment & Planning

C08/20-524    Cumberland Development Control Plan - Post Exhibition Report on New Planning Controls for Cumberland City..... 255

C08/20-525    NSW Public Spaces Legacy Program............................ 1451

      Director Works & Infrastructure

C08/20-526    Wentworthville Memorial Swim Centre - Creation of Electrical Easement.................................................................... 1477

 

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

C08/20-527    Tender For Manufacture and Supply of Multi-Function Poles Contract

Note: Included in Closed Council in accordance with Section 10A(2)(d)(ii) of the Local Government Act as the information involves information that would, if disclosed, confer a commercial advantage on a competitor of the council.

C08/20-528    Contract for the Supply of Natural Gas for Council Facilities

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.

C08/20-529    Variation to Tender Evaluation Report - Neil Street Merrylands - Road and Drainage Works

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

15  Other / General Matters

16  Close

 

 

           

 19 August 2020

 

Item No: C08/20-514

Minutes of the Ordinary Meeting of Council - 05 August 2020

Responsible Division:                  Finance & Governance

Officer:                                      Director Finance & Governance

  

 

 

Recommendation   That Council confirm the minutes of the Ordinary Meeting of Council held on 5 August 2020.

 

1.     Draft Minutes - 5 August 2020   

 

Attachment 1

Draft Minutes - 5 August 2020

 19 August 2020

 

 

 

 

 

 

 

 

 

 19 August 2020

 

 

Item No: C08/20-515

Legal Report

Responsible Division:                  General Manager

Officer:                                      General Counsel

File Number:                              2041456

Community Strategic Plan Goal:  Transparent and accountable leadership  

 

 

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

 

Recommendation   That the report be received.

 

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 3 August 2020. It does not capture changes that have occurred between that date and the date the report is considered by Council.

No external legal expenses for legal proceedings covered by this report were incurred during July 2020.

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

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

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

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

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

 

1.     Legal report (confidential)   

 

 19 August 2020

 

 

Item No: C08/20-516

Quarter 4 Performance Report on the Operational Plan 2019-20

Responsible Division:                  Community and Organisation Development

Officer:                                      Director Community and Organisation Development

File Number:                              S-57-50

Community Strategic Plan Goal:  Transparent and accountable leadership  

 

 

 

The purpose of this report is to update Council and the community on the progress made in implementing the activities outlined in the Operational Plan 2019-2020.

 

In total, 85% of projects planned for the 2019-2020 year have been completed or are running on track for completion by their due date, 15% of projects have been placed on hold and 0% require attention. The projects on hold for the quarter are largely due to the service impacts of the COVID-19 pandemic that commenced at the end of quarter 3 and resourcing constraints associated with a lack of available funding. The amount of projects requiring attention for quarter 4 was nil, in comparison to 4% for quarter 3.

 

In total, Council has reported on 73 projects in 2019-20 with 0 projects experiencing major issues and 11 formally placed on hold and carried into the next Operational Plan (2020-21).

 

Recommendation   That Council:   1.    Receive and note the information contained in this report.   2.    Carry over 11 projects into the Operational Plan 2020-21, and discontinue 4 projects as outlined in this report.

 

 

The Operational Plan 2019-2020 identifies the key projects and programs planned for delivery throughout the year, as well as the allocated budget. These activities are in direct response to the strategic goals and community vision contained within the Community Strategic Plan 2017-27. The Quarter Four Performance Report highlights progress in implementing the planned activities over the period 1 April to 30 June 2020 and is provided under attachment 1 to this report.

 

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

 

 

During the fourth quarter, 15 additional projects were completed bringing the total number of completed projects to 35 for the 2019-20 period.

 

COVID-19 Update

 

Council is closely monitoring the outbreak of COVID-19 and is taking advice from NSW Health and both the Federal and State Governments to assist in its response. The health, well-being and safety of staff, volunteers and the community continues to be Council’s main priority. Council has remained open during the COVID-19 pandemic to provide essential services and to support vulnerable residents and the wider community.

 

Council’s Social Inclusion and Nutrition Services teams, continued to provide essential services and meals to seniors, people with disabilities and vulnerable residents in the Cumberland Local Government Area. Details of the support and program incentives delivered during the quarter included the following:

 

·        Welfare Wellness Checks 

·        Re-designed the Shopping Centre Model to non-contact delivery method, and on a weekly basis

·        Walk and Talk Sessions Program

·        Leisure Links Program

·        Seniors Care Packages

·        Emergency Hardship Relief Packages

·        Business Continuity Campaign

·        Business Support Program

·        Free Flu Vaccination to over 170 people, across two days

 

Highlights this Quarter

 

·        Council administered the Cumberland Art Awards 2020

·        The Granville Centre is progressing ahead of schedule and on track for practical completion in September 2020

·        The Parks and Recreation team received a special mention in a local community publication, the Voice of the Maltese, due to their commitment to the consultation process at Civic Park, Pendle Hill

·        Works for the Woodville Golf Course Irrigation Works were completed in April 2020

·        The Draft Sustainability Action Plan was endorsed by Council for public exhibition which was undertaken in June 2020

·        Council’s Mobile Community Recycling Service recorded 1,286 collections this quarter.

·        A total of 4,983 collections have been completed across the Cumberland and Parramatta Local Government Areas during 2019-20, which is an increase of 11.5% in bookings from the previous year

·        Children’s Services received two grants:

1.   $71,793 in grant funding from the NSW Department of Education through the 2020 Quality Learning Environments Program

2.   $1,153,190 under the COVID-19 Local Government Early Childhood Education and Care Payment Program

·        Council adopted the Cumberland Local Housing Strategy

·        The Draft Cumberland Affordable Housing Strategy has progressed to public exhibition

·        Council’s Booking team transitioned all tennis court hirers online and developed new terms and conditions to support the new process and as a result, has recovered outstanding court hire fees

 

As expected during the final quarter of the Annual Operational Plan, many projects were completed during the April-June period. Other multi-year projects will carry over into the 2020-21 Operational Plan.

 

Projects Completed During Quarter 4

 

Group Service Area	Project Name
Community Programs and Events	·      Delivery the CCTV in Public Spaces Program expansion project ·      Expand the Place Management Model across the LGA
Roads, Stormwater and Street Cleaning	·      Stormwater Drainage CCTV Audit
Parks and Recreation	·      Commence a Parks Plan of Management Review Program ·      Delivery of irrigation to Woodville Golf Course ·      Delivery of Merrylands Remembrance Park - Howitzer Gun Project (additional project included during quarter 3)
Environmental Programs	·      Develop a sustainability strategy
Urban Planning & Development	·      Prepare Wentworthville Public Domain Upgrade Plan.
Library Services	·      Library procedures and operations review ·      Harmonisation of Library Opening Hours
Pools	·      Modernisation of Swim Centres (excluding ongoing renewable capital expenditure and small projects)
Governance & Administration	·      Develop a robust Governance Framework underpinned by principles of transparency and accountability ·      Implement a Sponsorship Policy and Program to govern income and outgoing sponsorship* ·      Implement dedicated rolling community engagement programs that create an ongoing conversation between Council and the community* ·      Investigate joint purchase opportunities with neighbouring Councils

*The project has been absorbed into business as usual tasks

 

The majority of remaining projects are running on track for delivery and will be ongoing projects reported in the Operational Plan 2020-21.

 

Projects Carried Forward into the Operational Plan 2020-21

 

Projects that were originally scheduled for completion in the 2019-2020 period and that were not completed due to the reasons outlined in the below table will now be carried forward into the Operational Plan 2020-21. These projects are all on track for completion in 2020-21.

 

Group Service Area	Project	Reason not completed
Community Programs and Events	Deliver the Peacock Gallery and Auburn Artist Studio expansion project	Due to a lack of funding
Roads, Stormwater and Street Cleaning	Design and acquisition for Merrylands Ring Road	The development of Merrylands Town Centre has not occurred. The developer funds were going to contribute, and the project is anticipated to commence late into the 2020-21 Operational Plan period
Roads, Stormwater and Street Cleaning	Develop Pedestrian Access Management Plan	The Pedestrian Access Management Plan project will be carried forward.  The works are underway however not completed
Parks and Recreation	Develop an Urban Tree Strategy	The project will be rolled over and anticipated to be completed for quarter 1, Q1 2020/21. The Draft Tree Strategy was placed on public exhibition between 1 June and 6 July. All submissions were reviewed, and responses will be provided in a Council report on 5 August 2020. We expect the Strategy to be adopted on 5 August 2020
Parks and Recreation	Deliver Wyatt Park Plan of Management	The project will be carried over into 2020-21 and expect a completion date during December 2020
Parks and Recreation	Complete Granville Park Pavilion and playing surface renewal works.	Carry over into 2020-21, expect completion date during August 2021
Parks and Recreation	Develop a Cumberland Synthetic Surfaces Plan	Carry over and expect completion date during March 2021
Parks and Recreation	Develop a plan for the upgrade of all public amenity blocks in Cumberland	Carry over and need to get approval for resources
Parks and Recreation	Commence a Sportsground Plan of Management Review Program	Carry over and expect a completion date during June 2021
Community Property and Facilities	Develop the Granville Multipurpose Community Facility	The project is in near completion and due to open in September 2020. COVID-19 has impacted with its continued community engagement with local services, artists and residents, who would be interested in using this facility when it opens

 

These projects were largely delayed due to the impact of COVID-19 which placed restrictions on the way Council provides services. Additionally, restrictions due to social distancing meant that some scheduled community engagement programs and consultations, were postponed or limited. Other factors resulting in projects being carried forward included resourcing constraints, such as funding from grants and changes in service delivery capacity.

 

Projects recommended to be discontinued in 2020-21

 

Projects that are recommended to be discontinued in the Operational Plan 2020-21 are outlined below.

 

Group Service Area	Projects Discontinued for 2020-21	Reason
Parks and Recreation	Deliver a Sports Facilities Plan	Change of Council planning priorities
Parks and Recreation	Prospect Hill Lookout and Access	Heritage issues to be resolved.
Governance and Administration	Develop and implement the Think Local, Buy Local Program	Project will be discontinued for 2020/21 due to budget and financial constraints from COVID-19. Council in general at the moment must proceed with the best and lowest cost quotations received when undertaking Procurement activities. Council does however undertake a range of initiatives to support local businesses and has a dedicated business support website
Community Property and Facilities	Design and construction of amenities and grandstand at C V Kelly Park	Funding restrictions

 

 

Projects on hold

 

The following projects were placed on hold during the first three quarters of the 2019-20 period and will carry over into the Operational Plan 2020-21:

 

·        Design and acquisition for Merrylands Ring Road

·        Widening of Boundary Road / Wolumba Street Bridge, Regents Park

·        Improve customer satisfaction in open space provision and presentation

·        Deliver a Play Space Infrastructure Plan

·        Develop a plan for the upgrade of all public amenity blocks in Cumberland

·        Develop a Sports Facilities Plan

·        Park Development Plan - Bike Plan

·        Deliver a Youth Recreation Facilities Strategy

·        Integrated Interpretation Plan - Prospect Hill

·        Design and construction of amenities and grandstand at C V Kelly Park

 

The majority of these projects were placed on hold due to resourcing constraints associated with funding and staff requirements and also the impacts of the COVID-19 pandemic.

The report will be placed on Council’s website for public viewing.

Projects outlined to be carried over to the Operational Plan 2020-21 will be updated and reflected in the report due to Council in November 2020 for the Quarter 1 period.

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

The end of year financial statements will be reported to Council in October following the External Auditor engagement.

Council has performed well delivering on commitments made in the Operational Plan 2019-20. Despite financial and global challenges, 85% of key projects planned for the year have been completed or have experienced minor delays and are on track for completion in 2020-21.

 

1.     Quarter 4 Performance Report on the Operational Plan 2019-2020  

2.     Major Project Update 30 June 2020 - Merrylands CBD  

3.     Major Project Update 30 June 2020 - Swim Centre Upgrades  

4.     Major Project Update 30 June 2020 - Granville Centre   

 

Attachment 1

Quarter 4 Performance Report on the Operational Plan 2019-2020

 19 August 2020

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Attachment 2

Major Project Update 30 June 2020 - Merrylands CBD

 19 August 2020

 

Attachment 3

Major Project Update 30 June 2020 - Swim Centre Upgrades

 19 August 2020

 

 

Attachment 4

Major Project Update 30 June 2020 - Granville Centre

 19 August 2020

 

 19 August 2020

 

 

Item No: C08/20-517

Monthly Management Report - June 2020

Responsible Division:                  Finance & Governance

Officer:                                      Director Finance & Governance

File Number:                              8379927

Community Strategic Plan Goal:  Transparent and accountable leadership  

 

 

Council is normally exempt from reporting a Quarter 4 financial report, as there is a requirement to undertake an audit of the full year financial results. This report is a management report and cannot be relied upon as Council’s financial year statutory report. This report provides the benefit of reporting against the latest Q3 annual forecast in a timely manner.

Recommendation   That Council receive the information contained in this report.

The performance to budget at the end of June 2020 (Q3) is a favourable variance of $8.2m. This has increased since Q3, where the budget was downgraded by $7.5m due to expected forecasted losses from COVID-19. While the performance to budget is $8.2m favourable to Q3, this is due to a substantial amount of grants money received in June, as well as one-off salary savings relating to excess leave and unfilled vacancies.

While one-off advanced payments and $3m in child care subsidies were received from the Federal and State Government in response to COVID-19, they are not sufficient to secure a future sustainable financial position.

Operating Income

The operating income is $5.8m higher than the Q3 budget due to the following:

 

Above budget $7.4m –

-    Operating Grants $6.8m ($3.9m prepayment of FAG, Childcare Grants $1.8m; offset by User Fees declining $0.95m and Other State Grants $0.3m).

-    Interest is $0.8m higher due to unexpected increases of fixed term securities, which include $0.3m on medium growth options and $0.5m fair value gain on bonds and fixed securities due to declining discount and interest rates.

Below budget $1.5m –

-    Rates income of $0.4m due to supplementary growth. It can be noted that some of the benefits will be received next year as supplementary rates were processed late June.

-    User Fees and Charges $1.0m due to Childcare (see Operating Grants) and $0.2m DA Fees. DA Fees were previously $0.6m above budget but an issue relating to overcharging a levy was discovered in June and, therefore, Council accrued for refunds of $0.8m.

Operating Expenses

Operating expenses were previously reduced in the Q3 review to offset the loss of income. The actual costs decreased a further $2.3m due to additional savings in the employee expenses of $2.2m. This was mainly due to vacancies and excess leave provision resulting from an essential service model being in place.

End of Year Report

The 2019/20 financial year audit will present a great deal of challenges and, as such, Council will not be in a position to release the final numbers until October. Due to these reasons, additional information has not been included as the numbers are subject to change. The initial draft of the annual financial statements should be ready by mid-September, in time for the auditors to commence their review. While additional extensions are possible this year due to the increased risk created by COVID-19, Council feels comfortable the October 31 deadline can be met but are cognisant of the evolving epidemic.

Financial Sustainability Review

Council has committed to updating the financial position and unrestricted cash position as part of the Quarter 1 Business Review.

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

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

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

Council’s June year-to-date financial position still indicates a negative unrestricted cash position and the COVID-19 crisis continues to be a large financial challenge.

The $8.2m positive variance to the budget will see an improvement from Council’s forecasted $(9.7) m to an estimated unrestricted cash $(4)m. The $5.7m improvement is due to the following:

1)  Net movement of $4.3m in operating result. This movement is due to budget improvements $8.2m which is offset by a $3.9m prepayment of Financial Assistance Grants.  This prepayment will be recorded as an internal reserve.

2)  Other cash inflows of  net $1.4m due to an improvement in rates collection $3m compared to forecast and less additional capital spend from general reserve $1.4m, and other working capital including leave payments of $0.2m.

The June year-to-date recurring budget position is favourable to the revised Q3 budget, and there has been a large improvement from the 2018-19 deficit towards the goal of returning to a surplus. Council is committed to improving the financial position and will continue to implement plans to restore a sustainable financial position within the next 12 months.

 

Nil

 

 19 August 2020

 

 

Item No: C08/20-518

Investment Report - July 2020

Responsible Division:                  Finance & Governance

Officer:                                      Director Finance & Governance

File Number:                              A-05-01/05

Community Strategic Plan Goal:  Transparent and accountable leadership  

 

 

This is a report from the Director Finance & Governance providing an update on the performance of Council’s investment portfolio to 31 July 2020.

 

Recommendation That Council receive the report.

 

Included in this report are the following items that highlight Council’s investment portfolio performance for the month, an update of the investment environment and a 2019/20 Portfolio review.

Council Investments as at 31 July 2020

 

Council’s investment portfolio has a current market value of $127,722,148. This represents a premium of $1,405,332 above the face value of the portfolio being $126,316,815 and generates a 2.25% average purchase yield. The following table reflects Council’s holding in various investment categories.

 

 

 

 

Investment Portfolio Performance

 

The investment returns for the month of July outperformed the current month benchmark.

 

Performance – Current Month 31 July 2020

 

For the month of July, 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:-

 

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

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

To manage risk, key criteria are incorporated into Cumberland 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.

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

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.

 

1.     Investment Summary Report July 2020  

2.     Economic and Investment Portfolio Commentary July 2020  

3.     Investment Strategy and Portfolio Review 2019/20 Financial Year   

 

Attachment 1

Investment Summary Report July 2020

 19 August 2020

 

 

 

 

 

 

 

 

 

 

Attachment 2

Economic and Investment Portfolio Commentary July 2020

 19 August 2020

 

 

Attachment 3

Investment Strategy and Portfolio Review 2019/20 Financial Year

 19 August 2020

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 19 August 2020

 19 August 2020

 

 19 August 2020

 

 

 

Item No: C08/20-519

Local Government NSW Annual Conference 2020

Responsible Division:                  Finance & Governance

Officer:                                      Director Finance & Governance

File Number:                              HC-08-02-5

Community Strategic Plan Goal:  Transparent and accountable leadership  

 

This report outlines the details of the Local Government NSW (LGNSW) Annual Conference 2020, and requests that Council nominate Councillors to attend as voting delegates and submit potential motions for consideration at the Conference.

 

 

Recommendation That Council: 1.     Confirm its intention to nominate the appointment of up to 10 voting delegates to vote on motions at the Local Government NSW Annual Conference; and 2.     Consider submitting of any motions to be considered at the Local Government NSW Annual Conference.

 

The Local Government NSW (LGNSW) Annual Conference is an annual policy-making event for NSW general-purpose councils, where local councillors convene to share ideas and debate issues that influence the way councils are governed. Cumberland City Council is a financial member of Local Government NSW and is eligible to send representation to the Conference.

The LGNSW Annual Conference 2020 will be held from Sunday, 22 November 2020 to Tuesday, 24 November 2020 at the Crowne Plaza Hotel in the Hunter Valley, NSW.  

Motions may be submitted for consideration at the Conference and must be submitted online by 12 midnight (AEST) on Monday, 28 September 2020. For a motion to be included in the Business Paper, it must meet the criteria detailed in the Annual Conference 2020 Motions Submission Guide (Attachment 1).

Motions will be grouped into categories, and councils are required to suggest one of the below categories when submitting a motion:

·  Industrial relations and employment

·  Governance and accountability

·  Economic

·  Infrastructure and planning

·  Social and community

·  Environment

·  Don’t know

When submitting motions to be considered at the Conference, a copy of the Council resolution or the signature of the Mayor and General Manager on Council letterhead must be provided.

Council is entitled to send up to 10 voting delegates to the Conference. LGNSW must be provided with the names of nominated voting delegates by 12 noon (AEDT) on Tuesday, 3 November 2020.

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

The Local Government NSW Annual Conference 2020 is the key policy development conference for the local government sector. Councillor attendance at the Local Government NSW Annual Conference is provided for under the Councillor Expenses and Facilities Policy.

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

Councillor attendance to the Local Government NSW Annual Conference 2020 is provided for under the Councillor Expenses and Facilities Policy and is budgeted within the 2020/21 annual budget.

The Local Government NSW Annual Conference is the key policy-making event for the local government sector. To ensure representation and participation at this key event, this report recommends that Council nominate Councillors to attend as voting delegates, and consider submitting motions to be debated at the Conference.

 

1.     Annual Conference 2020 Motions Submission Guide   

 

Attachment 1

Annual Conference 2020 Motions Submission Guide

 19 August 2020

 

 

 

 

 

 

 

 

 

 

 

 

 19 August 2020

 

 

Item No: C08/20-520

Draft Data Breach Response Policy

Responsible Division:                  Finance & Governance

Officer:                                      Director Finance & Governance

File Number:                              8378966

Community Strategic Plan Goal:  Transparent and accountable leadership  

 

 

The Draft Data Breach Response Policy has been developed to provide direction to Council and the community in the event of a data breach or suspected data breach incident occurring at Cumberland City Council. This report recommends that the Draft Data Breach Response Policy be placed on public exhibition for consultation with the community.

 

Recommendation   That Council place the Draft Data Breach Response Policy on public exhibition for a period of 28 days, with a report to be provided back to Council following the conclusion of the exhibition period.

 

 

The Draft Data Breach Response Policy has been prepared to accord with the best practice guidelines and principles issued by the Office of the Australian Information Commissioner (OAIC).

 

The document sets out the processes to be followed by Council in the event that a notifiable data breach incident occurs or is suspected to have occurred. A data breach involves the loss of, unauthorised access to, or unauthorised disclosure of, personal information.

 

The Privacy Amendment (Notifiable Data Breaches) Act 2017 established a Notifiable Data Breaches (NDB) scheme requiring organisations covered by the Act to notify any individuals likely to be at risk of serious harm by a data breach. The OAIC must also be notified.

 

Accordingly, Council needs to be prepared to act quickly within an appropriate framework in the event of a data breach (or suspected breach), and determine whether it is likely to result in serious harm and whether it constitutes a Notifiable Data Breach.

 

This Policy sets out the process to follow including responsible officers within Council who are involved in the event that a data breach is suspected. The Policy also outlines the reporting mechanisms required in the event that a data breach is suspected and confirmed.

 

The Draft Data Breach Response Policy was reported to the Audit, Risk and Improvement Committee Meeting held on 18 May 2020, and was met with positive feedback from the Committee. It is now recommended that Council place the Draft Data Breach Response Policy on public exhibition for a period of 28 days, with a report to be returned to Council with any feedback received.

The Draft Data Breach Response Policy will be placed on public exhibition for a period of 28 days both in local newspapers and on Council’s “Have Your Say” community engagement website, to enable the community to have an opportunity for input.

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

By implementing a Data Breach Response Policy, Council will be implementing robust processes and control mechanisms for the management of potential data breaches.

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

Council has now prepared a Data Breach Response Policy to accord with the OAIC guidelines and requirements for notification of data breaches. It is recommended this document proceed to public exhibition.

 

1.     Draft Data Breach Response Policy   

 

Attachment 1

Draft Data Breach Response Policy

 19 August 2020

 

 

 

 

 

 

 

 

 19 August 2020

 

 

Item No: C08/20-521

Finalisation of Milton Street, Lidcombe Proposed Road Closure

Responsible Division:                  Finance & Governance

Officer:                                      Director Finance & Governance

File Number:                              8378890

Community Strategic Plan Goal:  Transparent and accountable leadership  

 

 

This report provides Council with an update on the Milton Street, Lidcombe road closure process, and recommends that Council proceeds with the road closure process following a public notification process undertaken.

 

Recommendation That Council: 1.  Note the submissions received during the public notice period. 2.  Endorse the lodgement of a road closure application for part of Milton Street, Lidcombe to the NSW Department of Industry - Lands. 3.  Delegate authority to the General Manager to execute the documents to finalise this matter.

 

On 6 November 2019, Council considered the part closure of Milton Street between Railway Parade and Clarence Street, Lidcombe and resolved in accordance with Min.772, Item C11-19-262 to: 

“Approve the permanent closure of Milton Street between Railway Parade and Clarence Street, Lidcombe to expand the open space (park) area for the community for recreational purposes.”

On 26 November 2019, Council gave public notice under section 38B of the Roads Act 1993 of the proposed closure of Milton Street between Railway Parade and Clarence Street, Lidcombe by advertising the notice in the Auburn Review and Parramatta Advertiser and providing written notification of the proposal to all affected parties and authorities.

Six submissions were received in total. In accordance with the guidelines stipulated by the NSW Department of Industry - Lands, any submissions received are to be reported to Council for consideration, including appropriate actions taken or required to resolve any objections. A summary of all submissions is attached to this report (Attachment 1). The main concerns cited by the local community indicated traffic and parking concerns. With respect to parking concerns, the land and properties directly adjoining the proposed road closure are Council controlled.

 

Council is not proposing to change the current road access from Railway Parade to Clarence Street, Lidcombe. Council has also previously prepared a Traffic Management Plan (TMP) which indicates that the proposed closure of Milton Street will not restrict any current resident’s access or parking provisions.

 

Further, one submission was received by utility provider Jemena Asset Management. This submission raised an objection to the closure of Milton Street between Railway Parade and Clarence Street, Lidcombe due to a pre-existing gas main located in the area. Jemena possesses statutory rights to occupy the land to operate and maintain gas pipelines.

The objection was standard in the circumstances and is typically a mechanism which allows protection of the infrastructure and avoids interruption to services affecting other customers. 

This objection has been resolved through the lodgement of a draft Section 88B instrument, and this was submitted to Jemena and approved via email to Council’s Property team dated 30 March 2020.

Based on this, and the significant community amenity to be delivered by implementing a local park once the road is closed, it is now recommended that Council proceed to endorse the permanent closure of the part of the road.

On 26 November 2019, Council provided notice under section 38B of the Roads Act 1993 of the proposed closure of Milton Street between Railway Parade and Clarence Street, Lidcombe by advertising the notice in the Auburn Review and Parramatta Advertiser and providing written notification of the proposal to all affected parties and authorities.

The proposed road closure will enable expanded open space to service local residents, in accordance with Council’s Open Space and Recreation Strategy.

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

There are minor cost implications for Council associated with this report with respect to application and lodgement fees for the road closure with NSW Land Registry Services. There are costs associated with the works required to expand the park.

Council previously resolved its intention to close Milton Street between Railway Parade and Clarence Street, Lidcombe to expand the open space (park) area for the community for recreational purposes. It is now recommended that this road closure be approved for lodgement.

 

1.     Summary of Submissions   

 

Attachment 1

Summary of Submissions

 19 August 2020

 

 19 August 2020

 

 

Item No: C08/20-522

Part Board Street, Lidcombe - Proposed Part Closure and Sale

Responsible Division:                  Finance & Governance

Officer:                                      Director Finance & Governance

File Number:                              8378919

Community Strategic Plan Goal:  Transparent and accountable leadership  

 

 

This report outlines the proposed road closure for the part Board Street, Lidcombe at the request of the applicant, Dooleys Lidcombe Catholic Club.

 

Recommendation That Council: 1.     Approve in principle the permanent closure of part of Board Street, Lidcombe as attached. 2.     Advertise the proposed closure and sale of the laneway for a period of 28 days in accordance with S.38B of the Roads Act 1993. 3.     Authorise the General Manager to undertake a sale process for the road once closed, in accordance with independent valuation and legal advice if no adverse submissions are received.

 

 

By application and letter dated 19 February 2020, Dooleys Lidcombe Catholic Club Pty Ltd (Dooleys) approached Cumberland City Council with a proposal to purchase part of Board Street, Lidcombe (291sqm approximately), for consolidation with their existing land holdings. A copy of this letter is attached to this report (Attachment 1).

 

The subject part of Board Street that Dooleys wish to purchase is depicted on the following marked up photo highlighted in yellow. The purple outline denotes Dooleys existing holdings, with properties 1 and 2 marked in red recently acquired. Council previously resolved to close and sell part Board Street to Dooleys in 2018 (marked in orange).

 

 

Aerial image

Dooleys have recently acquired both 1 and 2 Board Street, Lidcombe and own the property immediately adjacent to both sides. Dooleys are also currently applicants to Council in another road closure, laneway off Church Street, Lidcombe.

Council has recently had the previous valuation of Board Street in 2017 updated by its valuer in 2020, with the review confirming that the offer from Dooleys is at the high end of the valuation methodology.

The proceeds for the sale of this part road in accordance with the attached offer is $916,068. All other costs relating to the road closure are borne by the applicant also.

In addition to this, Council relinquishes control and therefore maintenance arrangements for this further part of Board Street, reducing costs.

Given this request is an extension of the already held parcels of land by Dooleys, and have no material impact on other parties, it is recommended that this proposal be endorsed by Council to proceed to public notification, where any submissions opposing the proposal will be reported back to Council.

Council will undertake a public notification process of the closure and sale as part of the subject Street with the community, as required by the road closure process under the Roads Act 1993. As Dooleys owns all the holdings around this proposed road closure, it is not anticipated that there will be a significant community impact.

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

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

The proceeds for the sale of this lot in accordance with the attached offer is $916,068. All other costs are borne by the applicant also should the sale proceed.

If this proposal is supported by Council, staff will prepare the necessary documentation to complete a part road closure under the provisions of the Roads Act 1993.

 

1.     Letter of Offer - Dooleys   

 

Attachment 1

Letter of Offer - Dooleys

 19 August 2020

 19 August 2020

 19 August 2020

 

 

Item No: C08/20-523

Response to Notice of Motion - Draft Code of Meeting Practice - Post Exhibition

Responsible Division:                  Finance & Governance

Officer:                                      Director Finance & Governance

File Number:                              SC486

Community Strategic Plan Goal:  Transparent and accountable leadership  

 

 

This report presents Council the Draft Code of Meeting Practice following a recent resolution of Council and public exhibition period.

 

Recommendation That Council adopt the Code of Meeting Practice per Attachment 1.

 

At the Extraordinary Council meeting held on 27 May 2020, Council considered and resolved via a Notice of Motion (Min.709):

“That Council:

1. Make the following amendments to the Code of Meeting Practice:

a) Clause 3.10 – Remove the words "on the Monday,"

b) Clause 4.1 – remove “of policy, the delivery of services, regulatory functions or issues of community concern” and add to the end: “on the business paper at the meeting of Council or Committee”.

c) Clause 4.2 – add the words to the end: “for all speakers combined”.

d) Clause 4.3 –

i. Delete “Accepting requests received after this time will be at the discretion of the Chairperson. Where”.

ii. Amend the sentence following the above sentence to be as follows: “The application must relates to an item of business on the Council meeting agenda, and the application must identify the item of business the applicant wishes to speak on, and whether the applicant wishes to speak ‘for’ or ‘against’ the item”.

iii. Change “day of” to “day before”.

e) Clause 4.4 – Delete “An increase in this number may be granted at the discretion of the chairperson.”

f) Clause 4.9 – 3 minutes to be changed to 2 minutes.

g) Clause 10.21 – extension of 3 minutes to be changed to extension of 1 minute.

h) Clause 14.13 –3 speakers to be changed to 2 speakers and add the following to the end: “being no more than 1 for and 1 against”.

i) Clause 14.16 – 3 speakers to be changed to 2 speakers and add the following to the end: “and being no more than 1 for and 1 against”.

j) Clause 14.17 - 3 minutes to be changed to 2 minutes and add the words “with no extensions” after “to make representations”.

k) Clause 19.12 – Delete “Note: Unless resolved otherwise, it is Council’s practice not to implement decisions of the Council until 5pm on the Friday following the Council and/ or committee meeting.”

2. Place the Draft Code of Meeting Practice on public exhibition for a period of 28 days with a report to be returned to Council following the exhibition period.”

In accordance with the above resolution, Council exhibited the Draft Code of Meeting Practice incorporating these changes for a period of 42 days, in accordance with Section 361 of the Local Government Act 1993.

Council received a number of submissions during the 42 day submission period, covering a number of points within the document. A summary of the key points covered by the submissions are outlined in Attachment 2 of this report for Council’s consideration.

In addition to this, to improve the effectiveness of meeting procedures the following minor amendments are also suggested to the Code:

Clause 3.10: Addition of the following sentence:

Another councillor may express their intent in advance to second a proposed notice of motion of a councillor given in accordance with this clause. This will be recorded in the agenda.

Clause 10.1: Addition of the following sentence:

A councillor noted as seconding a motion in the agenda will be given first priority in seconding the motion at the Council meeting where the motion is being considered.

These proposed additional sentences supplement the existing provisions within the Code of Meeting Practice, whilst ensuring the Code remains consistent with the provisions of the Office of Local Government – Model Code of Meeting Practice for NSW Council’s - 2018.

Council publicly exhibited the Code of Meeting Practice for a period of 42 days, from 9 June 2020 to 21 July 2020, both on Council’s website and in local newspaper publications.

Council had 49 visits to the ‘Have Your Say’ community engagement website during the public exhibition period, with 14 people downloading the Code of Meeting Practice provided. Council received 4 submissions during the exhibition period.

If adopted, this version of the Code of Meeting Practice will supersede and therefore rescind the previous version of the same document. The version number and adopted date is indicated on the front page of the adopted Code.

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

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

The Draft Code of Meeting Practice has been amended and exhibited in accordance with the recent resolution of Council. It is now being reported to Council for determination.

 

1.     Code of Meeting Practice  

2.     Summary of Submissions   

 

Attachment 1

Code of Meeting Practice

 19 August 2020

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Attachment 2

Summary of Submissions

 19 August 2020

 19 August 2020

 

 

Item No: C08/20-524

Cumberland Development Control 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  

 

 

This report provides an update on the public exhibition for the new Cumberland Development Control Plan and outlines the recommended planning controls in response to further review and submissions. It is recommended that Council adopt the proposed planning controls for Cumberland City as outlined in this report to be included in the new Cumberland Development Control Plan.  This plan is to come into effect on the date of publication of the new Cumberland Local Environmental Plan.

 

Recommendation That Council: 1.     Note the submissions received prior to, during and immediately following the public exhibition period for the new Cumberland Development Control Plan. 2.     Endorse the planning controls for Cumberland City, as provided at Attachment 1, including those which were included in the draft Cumberland Development Control Plan and have not changed following exhibition, and those which reflect proposed general amendments following public exhibition and further review by Council officers. 3.     Endorse the planning controls for Cumberland City, as provided at Attachment 2, which reflect proposed site specific amendments following public exhibition and further review by Council officers. 4.     Note the site specific requests received as part of the process for the new Cumberland Development Control Plan, as provided at Attachment 3. 5.     Adopt the Cumberland Development Control Plan, as provided at Attachments 4 to 14, to come into effect on the date of publication of the new Cumberland Local Environmental Plan in the Government Gazette. 6.     Delegate to the General Manager the authorisation to make minor revisions to the new Cumberland Development Control Plan, as necessary, following Council’s deliberations, to ensure the desired objectives and intended outcomes can be achieved. 7.     Adopt the Cumberland Flood Risk Management Policy, as provided at Attachment 15, to come into effect at the same time as the new Cumberland Development Control Plan. 8.     Review the new Cumberland Development Control Plan two years after commencement to ensure that the planning controls continue to support planning and development outcomes in Cumberland City.

 

Background

 

Council commenced preparation of the new Cumberland Development Control Plan (DCP) in 2019 with the focus on harmonising the planning controls of the existing Auburn, Parramatta, and Holroyd DCPs into a single set of planning controls for Cumberland.

 

Early consultation 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 new Cumberland DCP. Following endorsement of the various parts by Council, the draft Cumberland DCP was publicly exhibited in April and May 2020. 

 

The status of the Cumberland DCP is provided in Figure 1.

Figure 1: Development Control Plan status

 

Public exhibition of new Cumberland Development Control Plan

 

The draft Cumberland DCP 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 DCP. 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.

 

A total of 51 individual submissions on the draft DCP 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.

Figure 2: Summary of public submissions

Post-exhibition review

 

Council previously considered and endorsed much of the detail of the new Cumberland DCP through various reports that dealt with particular issues and planning controls. The draft DCP has been prepared and exhibited in accordance with these Council resolutions.  Table 1 outlines Council’s resolutions and the post-exhibition status for the various parts of the Cumberland DCP.

 

 

 

Council Report	Item No.	Date	Council resolution – pre exhibition	Post exhibition status
Preparation of a new Cumberland Development Control Plan	C10/19-247	16 October 2019	Council noted the approach and key milestones for the preparation of the new Cumberland Development Control Plan	No change to planning approach
New Cumberland DCP – Draft Part A Introduction and General Controls	C12/19-327	18 December 2019	Council endorsed draft Part A for inclusion the draft Cumberland DCP	Minor amendments to selected controls and removal of requirements to advertise/notify development applications and consents in local newspapers following legislative changes
New Cumberland DCP – Draft Part B Development in Residential Zones	C12/19-328	18 December 2019	Council endorsed draft Part B for inclusion the draft Cumberland DCP	Minor amendments to selected controls and consistency with housing codes and guides
New Cumberland DCP – Draft chapter for Part C Development in Residential Zones	C02/20-354	5 February 2020	Council endorsed draft Part C for inclusion the draft Cumberland DCP	Minor amendments to selected controls
New Cumberland DCP – Draft chapter on Part D Development in Industrial Zones	C02/20-355	5 February 2020	Council endorsed draft Part D for inclusion the draft Cumberland DCP	Minor refinements to selected controls
New Cumberland DCP – Draft chapter on Part F Precinct and Site Specific Development Controls	C02/20-356	5 February 2020	Council endorsed draft Part F for inclusion the draft Cumberland DCP	Minor amendments to Part F2 Business Site Specific controls to reflect new Cumberland LEP and respond to submissions
New Cumberland DCP – Draft chapter on Part E Other Land Use Based Development Controls	C02/20-371	19 February 2020	Council endorsed draft Part E for inclusion the draft Cumberland DCP	Minor refinement to selected controls
New Cumberland DCP – Definitions and additions for draft chapter F Precinct and Site Specific Development Controls	C02/20-372	19 February 2020	Council endorsed draft Definitions and additions to draft Part F for inclusion the draft Cumberland DCP	Minor amendments to selected definitions and consistency with housing codes and guides
New Cumberland DCP – Draft chapter on Part G Miscellaneous Development Controls	C02/20-373	19 February 2020	Council endorsed draft Part G for inclusion the draft Cumberland DCP	Minor refinements to selected controls   Proposed controls for electric vehicle charging points added   Review and simplification of stormwater controls and proposed Cumberland Flood Risk Management Policy

 

Table 1: Council resolutions and post exhibition status for new Cumberland DCP

 

Following the completion of the public exhibition process, a further review has been undertaken by Council officers, with the following administrative amendments proposed to be included in the Cumberland DCP:

·    amendments related to changes to planning regulations (e.g. notification and advertising requirements);

·    carry over and clarification of controls for site specific locations to maintain consistency and strategic intent;

·    amendments to planning controls to clarify technical provisions;

·    administrative changes to reflect rezonings finalised since exhibition (e.g. Merrylands East Neighbourhood Centre); and

·    minor formatting and wording changes.

It is recommended that Council endorse the planning controls for Cumberland City, as provided at Attachment 1, which have not changed from the draft Cumberland DCP, are proposed to refined and/or are proposed to be amended post exhibition to address administrative items.

 

A selected number of site specific requests have also been identified to be included in the new Cumberland DCP. These amendments, as outlined in Table 2 and Attachment 2, are for minor planning control changes to address particular issues and anomalies, and will have only a minor impact on the overall plan. It is recommended that these site specific amendments are included in the new Cumberland DCP. 

 

Two additional site specific requests received as part of the process for the new Cumberland DCP are provided in Attachment 3. It is recommended that these requests are noted and may be considered in the future by Council.

 

 

 

Site address	Issue	Recommended approach
Merrylands Town Centre	Review site specific controls and car parking rates	Carry over of current planning controls
18-20 McFarlane Street, Merrylands	Closing off Finns Lane	DCP controls for the Merrylands Town Centre to reflect potential future change to Finns Lane
4-12 Railway Street, Lidcombe	Solar access to Friends Park	Refine planning controls to maximise solar access, with reference to site characteristics and interface with approved future developments in this location
17 Church Street, Lidcombe (Dooleys Lidcombe Catholic Club)	Ensure consistency with masterplan	Refine planning controls to be consistent with LEP amendments for the Lidcombe Town Centre and provide flexibility to ensure appropriate built form outcomes
190-220 Dunmore Street, Pendle Hill	Conservation incentives	Carry over of current Holroyd LEP conservation incentives to be undertaken

 

Table 2: Proposed minor site-specific amendments to the Cumberland DCP

 

Proposed planning controls for stormwater and flooding

A further review of the proposed planning controls for stormwater and drainage has been undertaken by Council officers following the conclusion of the exhibition period.  This has been undertaken to ensure that the planning controls are consistent with State policies, easier to read and understand, and ensuring flexibility with emerging work in this area.

Following the review, it is proposed that the planning framework related to stormwater and flooding be retained in the Cumberland DCP, with the detailed flood management analysis and implementation approach included in a Flood Risk Management Policy. This approach ensures that there is appropriate planning detail in the new DCP, with flooding information included in a policy that can be more easily amended over time in response to emerging work in this area.

As the content identified for the policy has already been placed on exhibition as part of the draft Cumberland DCP, it is recommended that Council adopt the Cumberland Flood Risk Management Policy, as provided in Attachment 15. Subject to adoption, the policy will come into effect at the same time as the new Cumberland Development Control Plan. 

 

 

Finalisation of the new Cumberland Development Control Plan

 

An updated Cumberland Development Control Plan has been prepared in response to public submissions and further review by Council officers. The new Cumberland DCP comprises a number of parts as outlined in Figure 3. 

 

 

Figure 3: Parts in new Cumberland DCP

 

It is recommended that Council adopt the new Cumberland DCP, as provided in Attachments 4 to 14.  Subject to adoption, the new Cumberland DCP comes into effect on the date of publication of the new Cumberland Local Environmental Plan in the Government Gazette.  A review at two years from commencement is also recommended for the new Cumberland DCP, to ensure that the planning controls in this document continue to support planning and development outcomes in Cumberland City. 

 

Following the early consultation undertaken in July and August 2019, a further extensive program of consultation on the new Cumberland DCP was undertaken from April to May 2020.

 

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

Council requires a new Cumberland DCP to accompany the new Cumberland Local Environmental Plan, which was endorsed by Council for finalisation in July 2020 and is now with the Department of Planning, Industry and Environment. Adoption of the DCP will ensure that detailed controls are in place to support the new Cumberland Local Environmental Plan. 

Work undertaken on the Cumberland DCP, including analysis, document preparation and community consultation activities, is funded from the accelerated Local Environmental Plan Funding Grant provided by the NSW Government.

The draft Cumberland Development Control Plan has been publicly exhibited 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 new Cumberland Development Control Plan comes into effect on the date of publication of the new Cumberland Local Environmental Plan.

 

 

1.     Recommended planning controls for Cumberland DCP post-exhibition  

2.     Recommended site specific amendments (post-exhibition) to Cumberland DCP  

3.     Additional site specific requests for future consideration  

4.     Recommended Cumberland DCP Part A Introduction and General Controls  

5.     Recommended Cumberland DCP Part B Development in Residential Zones  

6.     Recommended Cumberland DCP Part C Development in Business Zones  

7.     Recommended Cumberland DCP Part D Development in Industrial Zones  

8.     Recommended Cumberland DCP Part E Other Land Use Based Development Controls  

9.     Recommended Cumberland DCP Part F1 Site Specific Development Controls  

10.   Recommended Cumberland DCP Part F2 Site Specific Development Controls  

11.   Recommended Cumberland DCP Part F3 Site Specific Development Controls  

12.   Recommended Cumberland DCP Part F4 Site Specific Development Controls  

13.   Recommended Cumberland DCP Part G Miscellaneous Development Controls  

14.   Recommended Cumberland DCP Definitions  

15.   Cumberland Flood Risk Management Policy   

 

Attachment 1

Recommended planning controls for Cumberland DCP post-exhibition

 19 August 2020

 

 

 

 

 

 

 

 

 

 

 

 

 

Attachment 2

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

 19 August 2020

 

 

 

 

 

Attachment 3

Additional site specific requests for future consideration

 19 August 2020

 

 

Attachment 4

Recommended Cumberland DCP Part A Introduction and General Controls

 19 August 2020

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Attachment 5

Recommended Cumberland DCP Part B Development in Residential Zones

 19 August 2020

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Attachment 6

Recommended Cumberland DCP Part C Development in Business Zones

 19 August 2020

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Attachment 7

Recommended Cumberland DCP Part D Development in Industrial Zones

 19 August 2020

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Attachment 8

Recommended Cumberland DCP Part E Other Land Use Based Development Controls

 19 August 2020

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Attachment 9

Recommended Cumberland DCP Part F1 Site Specific Development Controls

 19 August 2020

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Attachment 10

Recommended Cumberland DCP Part F2 Site Specific Development Controls

 19 August 2020