Council Meeting

 Wednesday, 2 September 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

 

 2 September 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

C09/20-531     Minutes of the Ordinary Meeting of Council - 19 August 2020..... 5 

6     Mayoral Minutes

Nil 

7     Public Forum / Presentation of Petitions

8     Items Resolved by Exception

9     Reports to Council

       General Manager

Nil

       Director Community and Organisation Development

Nil

       Director Finance & Governance

C09/20-532     Review of Property Policy.................................................................. 25

C09/20-533     Adoption of New Model Code of Conduct & Procedures for the Administration of the Code of Conduct........................................................................... 37

C09/20-534     Draft Goods on Display Policy........................................................ 135

C09/20-535     Report on Outstanding Council Resolutions............................... 153

C09/20-536     Linnwood Estate Business Plan.................................................... 163

C09/20-537     Bad Debts Write-off 2020................................................................. 259

       Director Environment & Planning

C09/20-538     Submission on the Draft Housing Diversity State Environmental Planning Policy 261

       Director Works & Infrastructure

Nil

10   Reports of Council Committees

C09/20-539     Audit, Risk and Improvement Committee - Draft Minutes of Meeting Held on 10 August 2020....................................................................................... 303

 

11   Motions Pursuant to Notice

C09/20-540     Notice of Motion - Fruit Bearing Trees within Pemulwuy........... 319

C09/20-541     Notice of Motion - Pemulwuy Playground.................................... 321

12   Notices of Rescission

Nil

13   Questions on Notice

Nil 

14   Closed Session Reports

C09/20-542     Tender Evaluation Report - Supply, Installation and Maintenance of Bus Shelters (Negotiation)

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.

C09/20-543     Tender for the Receipt & Processing of Recyclable Material - T-2020-006 - Negotiation Outcome

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.

C09/20-544     Mixed Solid Waste Processing Agreement Extension

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.

C09/20-545     Proposed Sale and Future Redevelopment of 13 John Street, Lidcombe

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.

C09/20-546     Outcome of Expression of Interest Process - Lease over Hyland Road Reserve, Greystanes

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

 

 

           

 2 September 2020

 

Item No: C09/20-531

Minutes of the Ordinary Meeting of Council - 19 August 2020

Responsible Division:                    Finance & Governance

Officer:                                              Director Finance & Governance

  

 

 

Recommendation   That Council confirm the minutes of the Ordinary Meeting of Council held on 19 August 2020.

 

1.      Draft Minutes - 19 August 2020   

 

Attachment 1

Draft Minutes - 19 August 2020

 2 September 2020

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 2 September 2020

 

 

Item No: C09/20-532

Review of Property Policy

Responsible Division:                    Finance & Governance

Officer:                                              Director Finance & Governance

File Number:                                    1695231

Community Strategic Plan Goal:  Transparent and accountable leadership  

 

 

This report recommends the re-adoption of the Property Policy subject to minor administrative changes, following a policy review process undertaken.

 

Recommendation That Council re-adopt the Property Policy including minor amendments as outlined in this report.

 

The Property Policy was adopted in October 2017. It provides a framework for Council to review its existing property portfolio and plan for its future direction. It aims to establish a strategic, transparent and consistent approach to the management of Council’s property assets and provide a basis for Council decision making in relation to property acquisition and disposal.

Council owns, operates and is custodian for Community, Crown and Operational Lands under the Local Government Act 1993 and Crown Land Management Act 2016.

Council currently utilises its property assets to provide:

·    Services to the community, including Council delivered services as well as under lease and license arrangements to users in the community;

·    Open public space;

·    A strategic purpose; and/or

·    A commercial return on investment.

The provision of the above services and property usage is aligned with the Community Strategic Plan and reviewed on an asset by asset basis regularly.

Council receives regular requests from organisations, businesses and individuals to utilise, sell or acquire Council owned and managed property assets. The Property Policy provides good governance over property transactions, and promotes transparency to the community in relation to all property transactions.

 

Changes to Previous Policy

1)   AASB Investment property – Council has added this to the policy to strengthen the framework around how we review the use of property and when we should change classification from property plant and equipment to Investment Property.

2)   Property Reserve – amended the wording to clarify how funds are withdrawn from the property reserve.

3)   Other minor updates/Administrative changes as a result of legislative updates – which do not change the intent of the Policy.

The Policy was due for periodic review, and has been reviewed by Council officers with some minor administrative changes made. The Policy is recommended for re-adoption.

There is no community engagement proposed due to the minor nature of the changes.

The changes to the policy will further improve this Policy and will ensure Council meets legislative requirements prescribed in the Local Government Act 1993. Should the Policy be re-adopted, it will be updated in Council’s Policy Register and will rescind and supersede the existing version of this Policy.

The Property Policy provides a framework through which Council can consider its property assets and make decisions using a systematic and transparent approach to property usage, acquisition and disposal. The Policy addresses the probity and governance requirements of these transactions in line with the Local Government Act 1993, thereby reducing risk to Council.

There are no direct financial implications for Council associated with this report, however, appropriate management of Council's property portfolio will ensure that Council continues to reduce its reliance on rates revenue and expand its income potential from alternative sources and improve the asset value of the portfolio.

As the property strategies evolve, there will be significant financial implications for Council that will need to be incorporated into Council’s Long Term Financial Plan, Development Contributions Plan and ongoing Operational Plan budgets. Any income generated from the sale of surplus property is proposed to be utilised to recycle into other or new properties within Council’s property portfolio and property development projects in accordance with this Policy.

Council has an existing large property portfolio, which necessitates regular review to develop a single, coordinated and transparent approach to improve the way Council manages its property assets into the future.

The Property Policy establishes a strategic approach to the management of Council’s property assets in accordance with the applicable Legislative Framework and provides a basis for accountable and transparent decision making for all property dealings either received or initiated by Council. It also ensures that decisions made in relation to Council’s property assets maximise returns to the community by either realising a commercial level of financial return or by fulfilling a community benefit aligned to the goals of the Community Strategic Plan.

 

This report recommends that the Property Policy be re-adopted as the changes are minor and of a technical nature to assist with accounting for property.

 

1.      Property Policy   

 

Attachment 1

Property Policy

 2 September 2020

 

 

 

 

 

 2 September 2020

 

 

 

Item No: C09/20-533

Adoption of New Model Code of Conduct & Procedures for the Administration of the Code of Conduct

Responsible Division:                    Finance & Governance

Officer:                                              Director Finance & Governance

File Number:                                    HC-06-06-2/04

Community Strategic Plan Goal:  Transparent and accountable leadership  

 

 

This report recommends that Council adopt the newly released Model Code of Conduct and Procedures for the Administration of the Code of Conduct, as prescribed on 7 August 2020.

 

Recommendation That Council adopt the Code of Conduct and Procedures for the Administration of the Code of Conduct as attached to this report including the increase in the cap on gifts and benefits from $50 to $100.

 

The Model Code of Conduct and Procedures for the Administration of the Model Code of Conduct (Model Code Procedures) are prescribed under section 440 and 440AA of the Local Government Act 1993. The 2020 Model Code of Conduct and Model Code Procedures were prescribed on 7 August 2020.

Key changes to the new Model Code of Conduct include:

·    Expanding the Office of Local Government’s role in code of conduct breaches with councils limited to formally censuring councillors only. OLG will step in and impose more serious penalties, if appropriate, including requiring a public apology, suspension of payment of fees, and suspension or disqualification from office. This new process will also reduce time and cost to investigate complaints and take action.

·    Requiring councils to publicly disclose the findings of an investigation when censuring a councillor to ensure the public is aware of the misconduct and therefore act as a deterrent to bad behaviour.

·    Allowing councillors to avoid formal censure by their council for minor offences by making voluntary undertakings including apologising and attending training, mediation and counselling. This will ensure resources are directed to investigating more serious breaches.

·    Removing the requirement for councillors to formally appoint panels of conduct reviewers to investigate code of conduct breaches. Conduct reviewers can be appointed by the council general manager.

·    Requiring webcasts of council meetings to be kept on council websites for at least 12 months.

·    Strengthening the language in the Model Code of Conduct describing the various grounds of discrimination to reflect more contemporary standards.

·    The OLG released Model Code of Conduct now increases the $50 cap on gifts and benefits to $100.

A copy of the prescribed Model Code of Conduct and Procedures for the Administration of the Model Code of Conduct in the Cumberland Council Policy template are attached to this report. These versions are unchanged to the content contained in the Office of Local Government document. These documents are in Council’s template for the purposes of Policy management protocols and consistency.

As Council is adopting the Model Code of Conduct and the Procedures for Administration of the Code of Conduct as prescribed and with unchanged content to the versions published on the Office of Local Government website, there are no consultation processes for Council associated with this report. These documents were immediately effective upon release so it is important that Council adopt these.

Adoption of the Code of Conduct and Model Code Procedures will rescind the previously adopted versions, which were based on the Office of Local Government - Model Code of Conduct and Model Code Procedures of 2018.

Adoption of the Code of Conduct and Model Code Procedures will ensure Council is complying with the Local Government Act 1993.

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

The new Model Code of Conduct and Procedures for the Administration of the Code of Conduct were prescribed on 7 August 2020. Council has based its own Code of Conduct and Procedures for the Administration of the Code of Conduct on these documents. It is recommended that Council endorse these key documents.

 

 

1.      Code of Conduct  

2.      Procedures for the Administration of the Model Code of Conduct   

 

Attachment 1

Code of Conduct

 2 September 2020

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Attachment 2

Procedures for the Administration of the Model Code of Conduct

 2 September 2020

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 2 September 2020

 

 

Item No: C09/20-534

Draft Goods on Display Policy

Responsible Division:                    Finance & Governance

Officer:                                              Director Finance & Governance

File Number:                                    8406740

Community Strategic Plan Goal:  Transparent and accountable leadership  

 

 

The Draft Goods on Display Policy has been developed to provide the community and business owners clarity and guidance around the standards applicable when presenting goods on display within the Cumberland Local Government Area.

This report recommends that the Draft Goods on Display Policy be placed on public exhibition for consultation with the community.

 

Recommendation That Council: 1.   Place the Draft Goods on Display Policy with the supporting Guidelines 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. 2.   Provide notification to local businesses and invite them to comment.

 

The Draft Goods on Display Policy outlines Council’s design guidelines and controls to assist in establishing the display of goods on footpaths for local businesses. Whilst Council actively supports local businesses and strongly believes in activating the local economy, it is imperative that adequate controls are maintained at all times for the safety and amenity of the community.

Council will apply this Policy to ensure the appropriate establishment of businesses displaying goods in Cumberland’s commercial centres, which comply with the relevant legislation, and make a positive contribution to these centres and promote trade.

Supporting the Draft Policy are the Draft Goods on Display Guidelines, which are also attached to this report as attachment 2. The Guidelines provide further detail in relation to the implementation of the Policy position of Council.

The Draft Goods on Display Policy aims to provide a uniform approach and standards for goods on display across the Cumberland Local Government Area, leading to better streetscapes in Council’s town centres.

The Draft Policy was discussed with Council at a Councillor briefing held on the 12^th August 2020. It is now recommended that the Draft Policy proceed to a public exhibition process for consultation with the community.

The Draft Goods on Display Policy and the supporting Guidelines will be placed on public exhibition for a period of 28 days 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 having a Goods on Display Policy position in place, it will provide clear information and standards for any business owner within the local government area to adhere to. Having a policy in place will improve the operations of goods on display as well as improve compliance outcomes.

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

The Draft Goods on Display Policy has been developed to provide the local community and businesses guidance around the standards applicable when presenting goods on display within the Cumberland Local Government Area. It is now recommended that the Draft Policy and Guidelines proceed to public exhibition.

 

1.      Draft Goods on Display Policy  

2.      Draft Goods on Display Guidelines   

 

Attachment 1

Draft Goods on Display Policy

 2 September 2020

 

 

Attachment 2

Draft Goods on Display Guidelines

 2 September 2020

 

 

 

 

 

 

 2 September 2020

 

 

Item No: C09/20-535

Report on Outstanding Council Resolutions

Responsible Division:                    Finance & Governance

Officer:                                              Director Finance & Governance

File Number:                                    SC492

Community Strategic Plan Goal:  Transparent and accountable leadership  

 

 

This report presents to Council the current list of outstanding Council resolutions.

 

Recommendation   That Council receive the report.

 

This report provides Council an update on the current outstanding Council resolutions. A total of 40 resolutions are currently in progress.

The list of outstanding Council resolutions and a status update is provided as Attachment 1 to this report.

 

Year	Resolutions Passed	Resolutions Enacted/Completed	Resolutions in Progress
2017	150	149	1
2018	258	258	0
2019	328	317	11
2020	179	151	28

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

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

This report provides Council with added transparency in relation to the progress of outstanding Council resolutions.

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

The update on outstanding Council resolutions is provided for the information of Council.

 

1.      Outstanding Council Resolutions   

 

Attachment 1

Outstanding Council Resolutions

 2 September 2020

 

 

 

 

 2 September 2020

 

 

Item No: C09/20-536

Linnwood Estate Business Plan

Responsible Division:                    Finance & Governance

Officer:                                              Director Finance & Governance

File Number:                                    4609429

Community Strategic Plan Goal:  Transparent and accountable leadership  

 

 

This report provides an update on the Linnwood Estate Business Plan and seeks Council’s endorsement on the preferred options development.

 

Recommendation That Council: 1.      Note the finalised Business Plan conditionally approved by Heritage NSW for Linnwood Estate. 2.      Endorse Option 3 to proceed to a further feasibility assessment, as the highest and best use on site representing the best financial option to Council.

 

Background

In July 2014 the Director of Department Primary Lands approved the sale of Tamplin Road Reserve land pursuant to Crown Land Act 1989. The funds are to be spent directly on the adjoining Linnwood Estate Reserve. 

In 2016 the authorised sale of the property was unsuccessful as it required the transfer of title and Conservation Management Plan (CMP) to be up to date.

In May 2018, Council engaged KPMG to develop a Business Plan for Linnwood Estate at 11-35 Byron Road, Guildford. The purpose of the Business Plan was to outline how the most significant heritage aspects of the Estate could be maintained and enhanced via a financially sustainable model that would provide benefits to the broader community.

In June 2018, a meeting was held with the Office of Environment and Heritage (OEH) to discuss the purpose of KPMG’s engagement and the proposed Business Plan. OEH advised that an updated CMP was required as the latest CMP was drafted in 2004 and hence, was no longer current. As a result, Council engaged City Plan Heritage to update the CMP and this was submitted to OEH in 2018.

Conditional Endorsement of the Conservation Management Plan

In July 2020, Heritage NSW granted Council conditional endorsement of the CMP. It was stated that the final and full endorsement of the CMP will require Council to complete a separate archaeological assessment. The additional information requested by Heritage NSW is to be provided within 12 months from the date of the conditional endorsement. This exercise has been estimated by staff at approximately $10,000.

Business Plan Finalisation and Options Development 

In order to identify the potential future land uses of all buildings and land on the site ,and make recommendations as to the highest and best use, the site was divided into six ‘functional zones’, as shown below.  Each functional zone has the potential to be used in multiple ways, in accordance with the land use controls.

Based on this process, future land uses for each functional zone were identified. These future land uses were packaged into an option long-list and then evaluated using a multi-criteria analysis (MCA) framework. Four options scored highly in the MCA analysis and formed the short-listed options. These options proceeded to the financial appraisal stage and were presented to Council on 22 July 2020 at a Councillor briefing, and are summarised below.  The detailed assessment and identification of options are further outlined in the attached Business Plan (Attachment 1). 

 

 

Option 1

 

 

Option 2

 

 

 

Option 3

 

Option 5

 

 

Financial analysis

Recommended Option

With the moderate level of development intensity (22-32 residential apartments), removal of Faulds House and the reuse of McCredie Cottage, Option 3 came in as the most economically viable option for Council, whilst maximising community use and maintaining key heritage considerations. The capital costs for option 3 were estimated at $4,626,672, however the proposed income generated from the development meant that the required funding for capital expenditure came in around $227,694. The capital expenditure for option 3 was the lowest of the four final options considered.

In addition, it should be noted due to Council’s financial position, which has been detrimentally impacted by COVID-19, Council may not have the funds to ensure the long term economic viability of Linnwood Estate. Consequently, it may be in Council’s interests to investigate options and seek advice in relation to relinquishing control and management of the Estate, and effectively transferring the management of the Estate back to the NSW Government. This could be a viable option to ensure the sites longevity and heritage significance is enhanced and maintained to a high standard without prolonged delays.

Meeting with Historic Houses Association of Australia

Council staff have also had a preliminary meeting with Historic Houses Association of Australia to discuss potential options for support of the Linnwood Estate. A further meeting is booked with Council officers and the board of HHA to discuss what levels of advocacy and support can be provided by the association to Council.

Next Steps

Following the recommendation of the preferred option, the next steps would involve a final detailed analysis of the preferred option, including final detailed design and capital cost estimation, updated financial modelling with updated property assumptions, and final planning concepts.

In addition, a separate archaeological assessment for the Linnwood Estate is required to ensure the conditional endorsement of the CMP are fulfilled. 

As part of the Business Plan, community engagement with relevant key stakeholders and existing key user groups was held to seek their inputs in the site usage and activation. The outcome of these engagement activities can be found in the attached Business Plan (attachment 1) under section 5.1 Engagement activities.

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

There are currently significant risk implications associated with Linnwood Estate. Currently, parts of the site require significant capital works to ensure the structures are compliant with the Building Code of Australia. As the custodian of the site, there is a significant risk associated with Council not maintaining the site given the site is of state heritage significance.  Should Council not have the capital to restore/maintain the site, other options should be investigated before elements of the site fall further into disrepair.

Council is required to take action by way of either endorsing an option in the business plan or investigating options to transfer custody of the site back to the NSW Government.

Due to restrictions placed upon Council in the draft CMP the sale of Tamplin Reserve Trust is no longer viable. The Business case seeks to address alternative to the sale and seek funds to allow Council to restore the sight.

Therefore, the next step of the business plan is to undertake a further analysis of the preferred option should Council resolve to proceed with one. Currently, the redevelopment options referred to in the Business Plan are unfunded.  Council may be required to put the project on hold until a funding source can be identified, which is a risk as outlined above. There is also the potential that Council may not have the required budget to proceed with the full endorsement of the CMP, as a separate archaeological assessment for the Site is required by August 2021. This exercise will cost Council approximately $10,000 and must be completed to enable finalisation of the Conservation Management Plan.

It is recognised that this Business Plan would be required to be followed by a feasibility analysis of the preferred option. It is recommended that Council proceeds with option 3 as the highest and best use on site, and to complete the detailed analysis and additional archaeological assessment to ensure the full endorsement of the CMP, subject to funds being available.

 

1.      Business Plan   

 

Attachment 1

Business Plan

 2 September 2020

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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 2 September 2020

 

 

Item No: C09/20-537

Bad Debts Write-off 2020

Responsible Division:                    Finance & Governance

Officer:                                              Director Finance & Governance

File Number:                                    8404038

Community Strategic Plan Goal:  Transparent and accountable leadership  

 

 

This report seeks endorsement from Council to write-off bad trade debts and general abandonments to the value of $30,588.24 in accordance with Clause 213 (3) of the Local Government (General) Regulation 2005.

 

Recommendation That Council endorse the write-off of unrecoverable trade debts and general abandonments identified in this report being $30,588.24 in accordance with Clause 213 (3) of the Local Government (General) Regulation 2005.

 

Clause 213 (3) of the Local Government (General) Regulation 2005 requires that a debt can only be written off either by resolution of Council or by order in writing of the council’s General Manager or his delegated officers. The General Manager is only delegated to write off debts to a maximum of $10,000. The debts requiring to be written off exceed $10,000.

 

Despite undertaking recovery action by both Council officers and the debt recovery agencies, these matters discussed below are irrecoverable.

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.

The impact of this write-off is to reduce the provision of bad debts as Council has previously accrued the cost. The writing off of bad debts will now remove this from the accounts receivable system. Council has already accrued these amounts.

 

The above proposed write-offs totalling $30,588.24 are deemed to be unrecoverable for the reasons as detailed in each case. The write-offs will have no impact on Council’s net financial performance for the year as the amounts have already been provided for in previous years.

 

1.      Bad Debts Memo (confidential)   

 

 2 September 2020

 

 

Item No: C09/20-538

Submission on the Draft Housing Diversity State Environmental Planning Policy

Responsible Division:                    Environment & Planning

Officer:                                              Director Environment & Planning

File Number:                                    CS-205

Community Strategic Plan Goal:  A resilient built environment  

 

 

In July 2020, the NSW Government commenced exhibition of a draft Housing Diversity State Environmental Planning Policy (Housing Diversity SEPP). 

This report presents a summary of the proposed changes associated with this new SEPP and key considerations for Cumberland City.  It is recommended that Council makes a submission on the draft SEPP prior to the close of the public exhibition period in September 2020.

 

Recommendation That Council: 1.      Endorse the draft submission in Attachment 2 and forward to the Department of Planning, Industry and Environment; and 2.      Delegate authority to the General Manager to finalise the draft submission, including any minor typographical or editorial changes.

 

The NSW Government has three State environmental planning policies (SEPPs) in place to facilitate the delivery of diverse housing types that meet the needs of the people of NSW. These SEPPs (the Seniors SEPP, the Affordable Rental Housing SEPP and SEPP 70) have been in place for some time and some provisions need to be amended or updated to reflect current conditions and community expectations.

Additionally, the housing needs and preferences of the community have changed over time and will continue to change. The NSW Government has identified the importance of ensuring planning policies facilitate housing types in response to these changes.

 

In response to these considerations, a draft Housing Diversity State Environmental Planning Policy (Housing Diversity SEPP) has been prepared and is currently on public exhibition. It proposes a number of changes, including:

·    to consolidate three current SEPPs related to housing: the Seniors SEPP; Affordable Rental Housing SEPP, and SEPP 70;

·    to update a number of planning provisions in response to community and council concerns about boarding houses and seniors housing development;

·    to introduce three new definitions: build-to-rent housing, student housing, and co-living;

·    a new complying/exempt development pathway to convert an existing dwelling into a group home;

·    updates to social housing provisions to support redevelopment of government-owned land with a mixture of social, affordable and private dwellings on a single site; and

·    to increase the scope of what Land and Housing Corporation (LAHC) can self-assess (including subdivision of government-owned land), while also increasing the State significant development (SSD) threshold to $100m.

Key implications for Cumberland City are summarised in the table below, including controls related to boarding houses, planning pathways for group homes, and planning controls for development undertaken by the Land and Housing Corporation. 

It is recommended that a submission be prepared by Council to reflect these implications and ensure that potential adverse impacts are minimised as far as possible.

Proposed change/implication	Submission
Boarding Houses ·      no longer mandated in R2 zones. Council to determine if it is appropriate to maintain its permissibility in R2 zone ·      Land and Housing Corporation (LAHC) will be able to develop boarding houses on government-owned R2 land regardless of permissibility ·      20% FSR bonus will now apply universally to all boarding houses, regardless of existing maximum FSR ·      amended definition, requiring boarding houses be managed by a registered not-for-profit community housing provider (CHP)	Support the approach to no longer mandate boarding houses in R2 zones. Concerns that the LAHC will be able to continue to develop boarding houses on government-owned land in the R2 zone, even if it is prohibited in this zone under the draft SEPP.
Group Homes ·      exempt/complying pathway for converting existing dwellings to a group home proposed	Concerns that the exempt / complying pathway could be problematic as certain factors, such as pressure on local infrastructure and amenity, cannot be properly assessed outside the DA process.
Land and Housing Corporation (LAHC) ·      LAHC to self-approve any residential developments up to 60 dwellings (increased from 20); maximum height of 8.5m still applies ·      reduced car parking rates to apply to all dwellings, social housing or otherwise may result in flow on effects on on-street parking) ·      affordable housing in the form of manor houses and terraces to also be subject to 20% FSR bonuses ·      subdivision of government-owned land permitted without consent ·      lift access exemption (as per Seniors SEPP) to apply to all seniors housing delivered by or on behalf of LAHC, including dwellings not used for the purpose of social housing ·      Increased SSD threshold for LAHC projects from $30m to $100m	Concerns of the increase in self-approval from 20 to 60 dwellings without adequate Council involvement formalised in the process.  This could lead to reduced transparency and potential inconsistencies in the planning approval process. Concerns that LAHC developments with mixed land uses and ownership models could reduce car parking requirements in areas away from quality public transport services. Note that increased threshold for LAHC projects from $30m to $100m may increase the number of LAHC DAs considered by Council.
Build to rent ·      Introduction of build to rent as a housing type	Note that this has potential to provide long lasting community benefits, with greater housing choice for tenants who would have access to high-quality dwellings in a stable rental environment

The exhibition of draft Housing Diversity SEPP commenced in July 2020 and ends in September 2020. It is understood that feedback on the draft SEPP will inform the finalisation of the proposed new SEPP, and there is unlikely to be any further community engagement on this matter.

The proposal seeks the consolidation of three SEPPs and updating of the planning controls will provide an updated and consolidated policy framework for provision of diverse housing types. The proposal would also continue to support the delivery of housing in the Cumberland area, consistent with the directions outlined in Cumberland 2030: Our Local Strategic Planning Statement, Cumberland Local Housing Strategy and draft Cumberland Affordable Housing Strategy.

There are minimal risk implications for Council associated with this report. The public exhibition process enables Council to make a submission and to raise any relevant issues that can be addressed as part of the project.

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

This report provides an overview of the draft Housing Diversity SEPP, and the attached submission outlines key implications identified by Council officers. It is recommended that Council forward the submission to the Department of Planning, Industry and Environment for consideration as part of the draft SEPP review process.

 

1.      Explanation of Intended Effect (EIE) for a new Housing Diversity SEPP July 2020 (DPIE)  

2.      Draft Cumberland City Council Submission - Draft Housing Diversity SEPP   

 

Attachment 1

Explanation of Intended Effect (EIE) for a new Housing Diversity SEPP July 2020 (DPIE)

 2 September 2020

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Attachment 2

Draft Cumberland City Council Submission - Draft Housing Diversity SEPP

 2 September 2020

 

 

 2 September 2020

 

 

Item No: C09/20-539

Audit, Risk and Improvement Committee - Draft Minutes of Meeting Held on 10 August 2020

Responsible Division:                    Finance & Governance

Officer:                                              Director Finance & Governance

File Number:                                    HC-06-03-28

Community Strategic Plan Goal:  Transparent and accountable leadership  

 

 

This report presents the Minutes of the Audit, Risk and Improvement Committee meeting held on 10 August 2020 for Council’s information.

 

Recommendation That Council receive the Draft Minutes of the Audit, Risk and Improvement Committee meeting held on 10 August 2020.

 

 

Council’s Audit, Risk and Improvement Committee recently held a meeting on 10 August 2020.

 

The minutes of this meeting will be formally adopted at the next Ordinary Committee meeting being held in November 2020.

 

Minutes of this meeting are attached for Council’s information.

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 direct risks associated with this report. However, the presentation of the meeting minutes to Council provides transparent oversight of Council activities.

The operations of the Audit, Risk and Improvement Committee are coordinated by the Corporate Services division of Council utilising existing allocated resources. There are no additional financial implications for Council associated with this report.

The minutes of the Audit, Risk and Improvement Committee meeting are provided to Council for information purposes and to ensure that the review mechanisms of Council operate in an open and transparent manner. It is recommended that Council receive this information.

 

1.      Draft ARIC Minutes - 10 August 2020   

 

Attachment 1

Draft ARIC Minutes - 10 August 2020

 2 September 2020

 

 

 

 

 

 

 

 

 

 2 September 2020

 

Item No: C09/20-540

Notice of Motion - Fruit Bearing Trees within Pemulwuy

Councillor:                                       Eddy Sarkis and Paul Garrard

File Number:                                    SC483  

 

 

Pursuant to Notice, Councillor Sarkis and Councillor Garrard submitted the following Motion.

 

Notice of Motion That Council create a list of appropriate fruit bearing tree species, to be planted along Council’s nature strips in liaison with the community within Pemulwuy.

 

This work can be undertaken using existing Council resources.

A report will be presented to Council in October 2020 for consideration.

 

Nil

 

 2 September 2020

 

Item No: C09/20-541

Notice of Motion - Pemulwuy Playground

Councillor:                                       Eddy Sarkis and Paul Garrard

File Number:                                    SC483  

 

 

Pursuant to Notice, Councillor Sarkis and Councillor Garrard submitted the following Motion

 

Notice of Motion That Council identify an appropriate location in Pemulwuy Playground, located between Watkin Tench Parade and Edward Drive, where there is an existing BBQ area, leash free dog park, 2 tennis courts, kids play equipment and a half court basketball court, for the delivery of a public toilet facility to service these amenities.

 

This report can be prepared using existing Council resources.

A report will be presented to Council in October 2020 for consideration.

 

Nil