Council Meeting

 Wednesday, 17 March 2021 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

 

 17 March 2021

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

C03/21-695    Minutes of the Ordinary Meeting of Council - 03 March 2021........................................... 5

6    Mayoral Minutes

Nil

7    Public Forum / Presentation of Petitions

8    Items Resolved by Exception

9    Reports to Council

      General Manager

C03/21-696    Legal Report............................................ 19

      Director Community and Organisation Development

Nil

      Director Finance & Governance

C03/21-697    Monthly Management Accounts - January 2021........................................................ 21

C03/21-698    Investment Report - February 2021........... 29

      Director Environment & Planning

C03/21-699    45 Barcom Street, Merrylands West - Draft Voluntary Planning Agreement and Draft Development Control Plan........................ 53

C03/21-700    2-22 William Street, Granville - Planning Proposal, Development Control Plan and Voluntary Planning Agreement................ 135

C03/21-701    Planning Proposal - 2 Railway Street and 3-7 East Street, Lidcombe............................ 241

C03/21-702    Readoption of the Asbestos Management Policy and Guideline............................... 249

C03/21-703    Draft Asbestos Management Framework. 325

      Director Works & Infrastructure

C03/21-704    Response to Notice of Motion Granville Park Stadium Naming                                                                343

C03/21-705    Approval of Heavy Vehicle Access to FBT - Transwest Pty Ltd                                                                351

 

10  Reports of Council Committees

C03/21-706    Cumberland Traffic Committee - Minutes of Electronic Meetings held in February 2021 355

11  Motions Pursuant to Notice

C03/21-707    Notice of Motion - Racism Not Welcome Campaign............................................... 627

12  Notices of Rescission

Nil

13  Questions on Notice

Nil

14  Closed Session Reports

C03/21-708    Outcome of Expression of Interest Process - Opportunity for Redevelopment of Council's site at Wentworthville

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

15  Other / General Matters

16  Close

 

 

 17 March 2021

 

Item No: C03/21-695

Minutes of the Ordinary Meeting of Council - 03 March 2021

Responsible Division:                  Finance & Governance

Officer:                                       Director Finance & Governance

  

 

 

Recommendation   That Council confirm the minutes of the Ordinary Meeting of Council held on 03 March 2021.

 

1.     Draft Council Meeting Minutes - 3 March 2021   

 

Attachment 1

Draft Council Meeting Minutes - 3 March 2021

 17 March 2021

 17 March 2021

 

 

Item No: C03/21-696

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 Council receive the report.

 

This report provides Council with a summary of legal proceedings in which Council is involved. It does not include the following types of legal proceedings:

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

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

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

The report is current to 5 March 2021. It does not capture changes that have occurred between that date and the date the report is considered by Council.

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 of current cases provided as a confidential attachment.

 

1.     Legal report (confidential)   

 

 17 March 2021

 

 

Item No: C03/21-697

Monthly Management Accounts - January 2021

Responsible Division:                  Finance & Governance

Officer:                                       Director Finance & Governance

File Number:                               HC-06-13-22

Community Strategic Plan Goal:  Transparent and accountable leadership  

 

 

The purpose of this report is to provide an update to Council regarding Council’s financial performance. Recommendation That Council receive the report.

 

 

The following is the year-to-date (YTD) January 2021 report for Council and attached are the directorate reports. The following table provides a summary of the YTD actual against the approved budget. The YTD actual is favourable to the approved Q2 revised budget by $2.1 million as at 31 January 2021.

The amount of leave taken has been a large contributor to the savings as Council applied the leave program over 6 months. Council is optimistic that the current budget will be achieved; costs are still being monitored and managed as they have been in the last 12 months. The goal is to reach the $10 million available cash target earlier than predicted to allow Council to continue to repay the $21 million in delayed renewal capital sooner.

Discussion January Year-to-date

Operating Income YTD $177.0m, $0.3m lower than budget.

Income is lower than the revised budget as at January 2021 due to timing differences of $0.3m. These variances are mainly due:

·    $(0.18)m for Rates, mainly due to rates income timing differences.

·    $(0.30)m Other Revenue, due to fines $0.2m and leases $0.1m.

·    $0.11m User fees, due to food and health premises fees returning to normal levels.

·    $0.17m, additional funds waste grants and safety grants received earlier than planned.

Operating Expenses YTD $113.01m, $2.3m better than budget.

The expenses are $2.3m lower than the budget due to the following:

·    Employee Costs $1.4m – There are vacancies of $0.6m in Community and Organisational Development and $0.3m in the General Manger’s budgets and $0.3m in Finance and Governance and $0.1m in Works and Infrastructure.

·    Other Expenses $0.7m – There was a timing difference for function costs $0.13m, postage $0.1m and utilities $0.2m and other minor variances totalling $0.3m.

·    Material Contracts $0.4m – Waste timing differences $0.6m offset by over budget spend facilities contractors $0.2m.

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. The revenue and expenses will remain closely monitored.

The January year-to-date recurring budget position is 3.4% favourable to the budget. There is an expectation that 1.2% of this is related to timing differences, which means the savings are still around 2.2%. Council will recommend that these savings are adopted into the Q2 revised budget.

 

1.     Month Performance Report - Directors   

 

Attachment 1

Month Performance Report - Directors

 17 March 2021

 17 March 2021

 

 

Item No: C03/21-698

Investment Report - February 2021

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 28 February 2021.

 

Recommendation That Council receive the report.

 

 

Included in this report are the following items that highlight Council’s investment portfolio performance for the month, year-to-date to 28 February 2021 and an update of the investment environment.

 

Council Investments as at 28 February 2021

 

Council’s investment portfolio has a current market value of $143,641,343. This represents a premium of $1,242,282 above the face value of the portfolio being $142,399,060 and generates a 0.57% average purchase yield. The following table reflects Council’s holding in various investment categories.

 

 

 

 

Investment Portfolio Performance

 

The investment returns for the month, year-to-date of 28 February outperformed the Year to date benchmark and saw a small underperformance in the current month due to a fall of 0.5% in the MTGF. There was also an unexpected increase in the market interest rates towards the end of February with the Australian 10 year swap rate rising from 1.10% to a high of 1.95% during the month.  This has a short term impact it is a positive sign of the recovery starting to be priced into economy.

 

Performance – Current Month 28 February 2021

 

For the month of February, Council‘s portfolio generated interest earnings of $66,911. This is $58,923 lower than the budget of $125,834 and underperformed against the AusBond Bank Bill Index by 0.01%, as detailed below:-

 

 

Performance – Year-to-date 28 February 2021

 

For the year-to- date, Council‘s portfolio generated interest earnings of $1,424,738. This is $278,092 higher than the budget of $1,146,646 and outperformed the AusBond Bank Bill Index by 1.22%, as per 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 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 Report February 2021  

2.     Investment Portfolio Commentary February 2021   

 

Attachment 1

Investment Report February 2021

 17 March 2021

Attachment 2

Investment Portfolio Commentary February 2021

 17 March 2021

 17 March 2021

 

 

Item No: C03/21-699

45 Barcom Street, Merrylands West - Draft Voluntary Planning Agreement and Draft Development Control Plan

Responsible Division:                  Environment & Planning

Officer:                                       Director Environment & Planning

File Number:                               PP2020/0011

Community Strategic Plan Goal:  A resilient built environment  

 

 

Following the endorsement by Council and Gateway Determination regarding the revised planning proposal for 45 Barcom Street, Merrylands West, a public benefit offer has been proposed by the proponent for a monetary contribution towards local infrastructure upgrades in the Merrylands West area, as well as a monetary contribution towards the Duck River Masterplan. Council officers have reviewed the updated offer and determined that it is consistent with the Cumberland Planning Agreements Policy and Guidelines. A draft Voluntary Planning Agreement has been prepared to reflect the offer.

A draft site-specific Development Control Plan has also been prepared, as resolved by Council, to guide the redevelopment of the site.

It is recommended that Council endorse in-principle the updated offer, draft Voluntary Planning Agreement, and draft site-specific Development Control Plan provisions prepared for the planning proposal. Subject to Council’s endorsement of the above, the draft Voluntary Planning Agreement and draft site-specific Development Control Plan will be exhibited as part of the post-Gateway exhibition of the planning proposal.

 

Recommendation That Council: 1.     Endorse in-principle the public benefit offer from the applicant of 45 Barcom Street, Merrylands West, for a monetary contribution towards local infrastructure upgrades in the Merrylands West area, as well as a monetary contribution towards the Duck River Masterplan; 2.     Endorse that the draft Voluntary Planning Agreement and draft site-specific Development Control Plan for 45 Barcom Street, Merrylands West, be publicly exhibited for a period of 28 days in accordance with statutory and policy requirements; and 3.     Note that the planning proposal for 45 Barcom Street, Merrylands West, will be placed on Post-Gateway public exhibition at the same time as the exhibition of the draft Voluntary Planning Agreement and draft site-specific Development Control Plan.

 

Context

In September 2019, a Planning Proposal Request for 45 Barcom Street, Merrylands West was lodged. The proposal sought to amend the Holroyd Local Environment Plan (LEP) 2013 for 45 Barcom Street, Merrylands West to rezone the land, increase the existing Height of Building (HoB) controls, increase the existing Floor Space Ratio (FSR) controls of the site and add a clause to Part 6 Additional Local Provisions to include 1,480m² of retail/commercial uses (formerly referred to as non-residential uses) as per the Gateway Determination issued.  

The proposal seeks to facilitate the redevelopment of the existing Cardinal Gilroy Village land at 45 Barcom Street, Merrylands West to build a new seniors housing development that involves the construction of 17 buildings that range from 2 to 5 storeys, community facilities (1,311m²) and commercial/retail uses (1,480m²) with onsite open space and car parking.

The draft Voluntary Planning Agreement negotiated for 45 Barcom Street will result in 26,040sqm of additional residential Gross Floor Area (GFA) to accommodate approximately 224 additional independent living units (approximately 460 living units in total), and an additional 25 bed residential aged care facility (approximately 148 beds in total). This also includes a small portion of community facilities and retail/commercial uses to facilitate the redevelopment of the site.

The site’s maximum permitted Gross Floor Area (GFA) proposed is 63,240m².

The planning proposal was endorsed by Council in April 2020 and forwarded to the Department of Planning, Industry and Environment for a Gateway Determination. A Gateway Determination was issued by the Department in July 2020, authorising Council to proceed to exhibition with its planning proposal for 45 Barcom Street, Merrylands West.

Proposed Offer and Public Benefit

The proponent has provided a public benefit offer to Council (Attachment 1) following a resolution from Council in April 2020 to derive public benefit, and as per recommendations of the Cumberland Local Planning Panel. The letter of offer proposes a monetary contribution to the funding of local infrastructure upgrades in the Merrylands West area, such as road and traffic works, as well as a monetary contribution to the Duck River Masterplan.

Council officers have undertaken an analysis of the proposed updated offer (Attachment 2) and determined that it is consistent with the Cumberland Planning Agreements Policy and Guidelines.

A draft Voluntary Planning Agreement has been prepared in accordance with the letter of offer, as provided in Attachment 3.

Draft Site-Specific Development Control Plan

As recommended by the Cumberland Local Planning Panel in March 2020 and resolved by Council in April 2020, a draft site-specific Development Control Plan has been prepared (Attachment 4).

The draft Development Control Plan includes a vision statement and broad principles (design and planning framework) to redevelop the site for a new seniors housing development to integrate and complement with the surrounding Merrylands West community.

The draft Plan also includes provisions to support an appropriate transition in the built form between the proposed seniors housing development and its adjoining heritage significant items located to the west, and neighbouring low and medium residential development located to the east.  This is achieved through siting of buildings and separation setbacks and including a range of building storeys accordingly.

The site-specific Development Control Plan will amend existing Part J - Site Specific Controls of Holroyd Development Control Plan 2013. Should the new Cumberland Development Control Plan be in force prior to finalisation of the planning proposal, the site-specific Development Control Plan will be included in the Plan under Part F1 – Residential Site Specific (Attachment 5).

Next Steps

It is recommended that Council endorse in-principle the public benefit offer, draft Voluntary Planning Agreement and draft site-specific Development Control Plan for 45 Barcom Street, Merrylands West. Subject to endorsement, the draft Voluntary Planning Agreement and draft site-specific Development Control Plan will be publicly exhibited in accordance with statutory and policy requirements. The post-Gateway public exhibition for the planning proposal applying to 45 Barcom Street, Merrylands West, will also be held at the same time. 

Following this process, a further report will be provided to Council on the draft Voluntary Planning Agreement, draft Development Control Plan and Planning Proposal.

Subject to Council endorsement, the draft Voluntary Planning Agreement and draft site-specific Development Control Plan will be placed on public exhibition in accordance with the Environmental Planning and Assessment Act and Council’s Planning Agreements Policy and Guidelines. The planning proposal will also be placed on post-Gateway exhibition at the same time.

Policy implications are outlined in the body of the report.

There are minimal risk implications for Council associated with this report.

Financial implications on the public benefit offer for Council are outlined in the main body of the report.

A public benefit offer has been provided by the proponent of 45 Barcom Street, Merrylands West for a monetary contribution, supported by a draft Voluntary Planning Agreement. A site-specific draft Development Control Plan has also been prepared. It is recommended that Council endorse in-principle the public benefit offer, as well as endorse the public exhibition of the draft Voluntary Planning Agreement and draft site-specific Development Control Plan.

 

1.     Updated Letter of Offer (confidential)  

2.     Public Benefit Offer Analysis (confidential)  

3.     Draft Voluntary Planning Agreement  

4.     Draft Site Specific Development Control Plan (Holroyd DCP version)  

5.     Draft Site Specific Development Control Plan (Cumberland DCP version)   

 

Attachment 3

Draft Voluntary Planning Agreement

 17 March 2021

Attachment 4

Draft Site Specific Development Control Plan (Holroyd DCP version)

 17 March 2021

Attachment 5

Draft Site Specific Development Control Plan (Cumberland DCP version)

 17 March 2021

 17 March 2021

 

 

Item No: C03/21-700

2-22 William Street, Granville - Planning Proposal, Development Control Plan and Voluntary Planning Agreement

Responsible Division:                  Environment & Planning

Officer:                                       Director Environment & Planning

File Number:                               PP2017/1

Community Strategic Plan Goal:  A resilient built environment  

 

 

The planning proposal for 2-22 William Street, Granville, was endorsed by Council at its meeting of 4 September 2019 for a Gateway Determination. The resolution also required the preparation of an acceptable Voluntary Planning Agreement and a site-specific Development Control Plan.

Following receipt of a Gateway Determination by the Department of Planning, Industry and Environment and in accordance with Council’s resolution, the Planning Proposal, draft Voluntary Planning Agreement and draft site-specific Development Control Plan have been prepared and exhibited. This report outlines the feedback received during exhibition.

It is recommended that Council endorses the Voluntary Planning Agreement and delegates authority to execute the Voluntary Planning Agreement, and that the site-specific Development Control Plan be adopted.  It is also recommended that Council finalise the Planning Proposal.

 

Recommendation That Council: 1.     Adopt the recommended planning controls for 2-22 William Street, Granville, as previously resolved by Council, being: a.  a maximum building height of 16 metres be applied to the site; b.  a maximum Floor Space Ratio of 1.7:1 be applied to the site; and  c.  removal of existing local heritage item I205 known as 10 William Street, Granville (Lot 27 DP 2371). 2.     Finalise the Planning Proposal (Attachment 1), as delegated by the Minister, following execution of the Voluntary Planning Agreement and registration on title. 3.     Note that this Local Environmental Plan amendment will be published in the Government Gazette upon finalisation. 4.     Adopt the site-specific Development Control Plan as an amendment to the Parramatta Development Control Plan 2011, as provided in Attachment 4, with the Development Control Plan coming into effect on the date of notification (gazettal) of the Local Environmental Plan amendment. 5.     Delegate to the General Manager the authority to make minor, non-policy corrections or formatting changes to the Development Control Plan controls, if required, prior to coming into effect. 6.     Endorse that the site-specific Development Control Plan provisions be carried over to the new Cumberland Development Control Plan when this is in force. 7.     Endorse and delegate authority to the Mayor and General Manager to execute the Voluntary Planning Agreement on behalf of Council for 2-22 William Street, Granville, as provided in Attachment 5.

 

Background

A revised planning proposal request was lodged with Cumberland Council on 16 October 2018 for 2-22 William Street, Granville, which sought to increase the maximum height of buildings, floor space ratio controls and remove the existing local heritage item no. I205 known as 10 William Street (Lot 27 DP 2371) from schedule 5 of the Parramatta Local Environmental Plan (LEP) 2011 for this site.

The proposal was considered by the Cumberland Local Planning Panel on 16 April 2019. The Panel recommended that the proposal be reported to Council seeking a resolution to proceed to Gateway and recommended the preparation of a site-specific development control plan for the site.

The proposal was reported to Council on 4 September 2019, with Council endorsing that a planning proposal be prepared and seeking to amend the following planning controls:

·    Apply a Floor Space Ratio control of 1.7:1 for the site;

·    Increase the Height of Building control to 16 metres; and

·    Remove an existing local heritage item I205 known as 10 William Street (Lot 27 DP 2371) from Schedule 5 of the Parramatta LEP 2011.

At the meeting, Council resolved to prepare a draft site-specific Development Control Plan to prohibit rooftop communal open space, specify the maximum number of storeys and ensure an appropriate transition in built form between the proposed higher density residential development and neighbouring residential dwellings to mitigate any potential loss of direct solar access and residential amenity. Council also resolved to prepare a Voluntary Planning Agreement to capture public benefit arising from the proposal.

On 24 January 2020, a Gateway Determination was issued by the Department of Planning, Industry and Environment for the proposal requesting to proceed with delegations issued by the Minister.

 

Public Exhibition

The draft Planning Proposal, draft Voluntary Planning Agreement and draft site-specific Development Control Plan were publicly exhibited for a total period of 54 days from Friday 11 December 2020 to Tuesday 2 February 2021.  A longer exhibition period was held due to Christmas/New Year/Australia Day holiday periods, and the requirement to exclude the period between 20 December 2020 and 10 January 2021 (inclusive) from the public exhibition period.

During this time, the exhibition material was made available on Council’s website and in hardcopy form at selected Customer Service Centres and Libraries. Owners and occupiers in close proximity to the site received written notification. As per the Gateway Determination issued, Council also consulted with NSW Heritage Office for this proposal; however, no comments were received.

A total of one (1) community submission was received in response to the exhibition. The submission objected to the draft voluntary planning agreement’s monetary contribution provision being allocated for infrastructure upgrades/improvements within Granville Town Centre and raised potential contamination concerns that related to the site should the site be developed for residential. 

Planning Proposal

The issues raised in the community submission were considered by Council officers prior to the Gateway Determination stage of the Planning Proposal and are matters which can be addressed in detail at the development application stage and through Council’s broader strategic planning work that is being carried out. A site-specific Development Control Plan has also been prepared to mitigate issues relating to proposed building’s height, built form and setback controls and to protect the loss of residential amenity of neighbouring residential areas located south of the site.   

No changes to the Planning Proposal are proposed in response to the public submission. It is recommended that Council finalise the Planning Proposal.

Development Control Plan

Council’s resolution required that a site-specific Development Control Plan (DCP) be prepared to mitigate any overshadowing and loss of residential amenity as a result of the proposed development.

No changes have been made to the site-specific DCP following public exhibition in conjunction with the Planning Proposal.

It is recommended that Council adopt the site-specific DCP for the site, as provided in Attachment 4, as an amendment to the Parramatta DCP 2011 under Section 4.1.6 – Granville Town Centre. It is also recommended that Council endorse the carryover of the site-specific DCP to the new Cumberland DCP Part F2 – Business site specific – Granville Town Centre when in force.

Voluntary Planning Agreement

Council’s resolution also required that a draft Voluntary Planning Agreement (VPA) be prepared with the Planning Proposal (refer to Attachment 5).

A public benefit offer was received from the proponent for consideration by Council after Gateway Determination was issued, following a recommendation by the Cumberland Local Planning Panel to derive public benefit and as resolved by Council.

The proposed public benefit offer is considered to be consistent with the Cumberland Planning Agreements Policy. The offer formalises the inclusion and provision of a monetary contribution towards supporting public domain upgrades within the Granville Town Centre and surrounds.

A draft VPA was negotiated between Council and the applicant to capture the public benefit offer. The draft VPA was notified in accordance with statutory and policy requirements. No changes have been made to the VPA following its public exhibition with the Planning Proposal and site-specific Development Control Plan .

Community engagement on the proposal is outlined in the main body of the report.

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

There are minimal risk implications for Council associated with this report. This report’s recommendation stipulates that the Voluntary Planning Agreement must be executed and registered on title prior to the Local Environmental Plan amendment being finalised. The draft site specific Development Control Plan will come into effect when the Local Environmental Plan amendment has been notified (gazetted). All statutory and Council policy requirements have been met.

Financial implications for Council regarding the Voluntary Planning Agreement are outlined in the main body of the report.

As required by Council’s resolution on 4 September 2019 and 2 December 2020, the draft Planning Proposal, draft Voluntary Planning Agreement and a draft site-specific Development Control Plan have been prepared and publicly exhibited. It is recommended that Council finalise the Planning Proposal, adopt the site-specific Development Control Plan, and endorse and delegate authority to execute the Voluntary Planning Agreement.

 

1.     Planning Proposal  

2.     Gateway Determination  

3.     Submission  

4.     Site-Specific Development Control Plan  

5.     Voluntary Planning Agreement   

 

Attachment 1

Planning Proposal

 17 March 2021

Attachment 2

Gateway Determination

 17 March 2021

Attachment 3

Submission

 17 March 2021

Attachment 4

Site-Specific Development Control Plan

 17 March 2021

Attachment 5

Voluntary Planning Agreement

 17 March 2021

 17 March 2021

 

 

Item No: C03/21-701

Planning Proposal - 2 Railway Street and 3-7 East Street, Lidcombe

Responsible Division:                  Environment & Planning

Officer:                                       Director Environment & Planning

File Number:                               PP2020/0004

Community Strategic Plan Goal:  A resilient built environment  

 

 

Since 2017, Council has progressed a Planning Proposal to amend planning controls under the Auburn Local Environmental Plan 2010 for the site at 2 Railway Street and 3-7 East Street, Lidcombe.  In March 2021, the Department of Planning, Industry and Environment provided a Gateway Determination that rejected the Planning Proposal.  This report is provided to Council for noting and to formally complete the process for the Planning Proposal.

 

 

Recommendation   That Council note the rejection by the Department of Planning, Industry and Environment of the Planning Proposal at 2 Railway Street and 3-7 East Street, Lidcombe.

 

Background

The Planning Proposal sought to amend planning controls under the Auburn Local Environmental Plan (LEP) 2010 for the site at 2 Railway Street and 3-7 East Street, Lidcombe, as follows:

·    Rezone part of the site from IN2 Light Industrial to part B4 Mixed Use and retain existing RE1 zone over part of the site

·    Amend the maximum height of buildings control on part of the site from no value to 32m

·    Increase the maximum FSR on part of the site from 1.0:1 to 3.5:1

·    Identify land on part of the site for potential future road acquisition to enable an intersection upgrade.

As part of the Planning Proposal, Council also sought to enter into negotiations with the proponent for a Voluntary Planning Agreement to provide open space on the site and any land dedication required for roadworks.

In June 2017, Council resolved to proceed with the preparation of a Planning Proposal, subject to the submission of additional information by the Proponent and considered satisfactory by the General Manager.

Following the receipt of the additional information, the Planning Proposal was submitted by Council to Department of Planning, Industry and Environment for a Gateway Determination in August 2018.

In August 2019, Council received correspondence from the Department of Planning, Industry and Environment requesting that the Planning Proposal be resubmitted to address the following matters:

·    the potential for the site to provide higher-order employment opportunities that serve the local population and investigate mechanisms that may be able to deliver an appropriate land-use mix on the site that maintains commercial feasibility and responds to an identified employment need;

·    consistency with the Greater Sydney Region Plan, specifically Objective 23: Industrial and urban services land is planned, retained and managed of the Greater Sydney Region Plan; and

·    consistency with the Central City District Plan, specifically Action 49: Review and manage industrial and urban service land.

Following receipt of the correspondence, Council officers reviewed the matters raised and provided a response in November 2019.

Status

In March 2021, the Department of Planning, Industry and Environment (the Department) issued a Gateway Determination, rejecting the Planning Proposal for 2 Railway Street and 3-7 East Street, Lidcombe. The Gateway Determination outlined the following reasons for refusal:

 

1.  The proposal contains unresolved inconsistencies with section 9.1 Directions 1.1 Business and Industrial Zones, 6.2 Reserving Land for Public Purposes and 6.3 Site Specific Provisions.

 

2.  The proposal is inconsistent with the Central City District Plan ‘Action 49 Review and manage industrial and urban service land’. There is no strategic justification to transition the site from employment lands to mixed-use residential/commercial.

 

3.  The proposal is inconsistent with the Cumberland 2030: Local Strategic Planning Statement’s response to retaining and managing industrial lands, primarily for employment uses.

 

4.  It is considered that permitting residential and retail development would undermine the ongoing operation of the industrial precinct.

This report is provided to Council for noting and to formally complete the process for the Planning Proposal. Council has also advised the Proponent on the outcome of the Gateway Determination.

Any future planning for the site, either by Council or through the landowner, will carefully consider the outcomes of the Gateway Determination.

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 report provides an update on the status of the Planning Proposal for 2 Railway Street and 3-7 East Street, Lidcombe. Following the rejection of the Planning Proposal by the Department of Planning, Industry and Environment, this report is provided for noting and to formally complete the process for this Planning Proposal.

 

1.     Gateway Determination   

 

Attachment 1

Gateway Determination

 17 March 2021

 17 March 2021

 

 

Item No: C03/21-702

Readoption of the Asbestos Management Policy and Guideline

Responsible Division:                  Environment & Planning

Officer:                                       Director Environment & Planning

File Number:                               8736618

Community Strategic Plan Goal:  A clean and green community  

 

 

This report recommends that Council readopt the Asbestos Management Policy and supporting Guideline. These documents were first adopted in 2018.

 

Recommendation That Council readopt the Asbestos Management Policy and supporting Guideline.

 

The Asbestos Management Policy and its supporting document, the Guideline to Asbestos Management in Cumberland City Council, which was first adopted in 2018, outlines Council's commitment and responsibilities for asbestos management and aims to minimise any exposure to asbestos as far as reasonably practicable. The Policy also ensure that Council complies with relevant legislation.

The review date has been triggered for the Policy and Guideline, and the documents have been reviewed by Council officers.  The review has identified that the contents of the Policy and supporting Guideline continues to be relevant and reflect best practice.  It is recommended that Council readopts the Asbestos Management Policy and its supporting Guideline.

There are no changes to the Asbestos Management Policy and its supporting document Guideline to Asbestos Management in Cumberland City Council, and therefore no further community engagement is required at this time.

In 2018, the Asbestos Management Policy was advertised on Council’s website and in the local paper for 28 days, during which one (1) submission was received from the public. Council also made separate contact with the Asbestos Disease Foundation of Australia during this period to advice of the draft Policy and invite their submission; however, no response was received.

There are no changes to the Asbestos Management Policy and its supporting Guideline that were adopted in 2018.

The Policy continues to ensure that Council complies with relevant legislation, and will assist Council in minimising the risk of exposure to asbestos containing material to the Cumberland community and workforce.

There are no financial implications for Council associated with this report. Any actions arising from the Asbestos Management Policy and its supporting Guideline will be funded from the existing budget. Grant funding will be sought where applicable and/or available.

It is recommended that Council readopts the Asbestos Management Policy and its supporting document the Guideline to Asbestos Management in Cumberland City Council.  Upon readoption, the Asbestos Management Policy and supporting Guideline will confirm Council’s continued commitment to ensure that asbestos containing material is managed to protect the health and wellbeing of staff, contractors and the community.

 

 

1.     Asbestos Management Policy  

2.     Guideline to Asbestos Management   

 

Attachment 1

Asbestos Management Policy

 17 March 2021

Attachment 2

Guideline to Asbestos Management

 17 March 2021

 17 March 2021

 

 

Item No: C03/21-703

Draft Asbestos Management Framework

Responsible Division:                  Environment & Planning

Officer:                                       Director Environment & Planning

File Number:                               8731505

Community Strategic Plan Goal:  A clean and green community  

 

 

The Draft Asbestos Management Framework 2021 has been developed to provide guidance and inform decision making to help Council effectively manage contaminated land issues as they arise in Cumberland City.

It is recommended that the Draft Asbestos Management Framework 2021 be placed 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.

 

Recommendation   That Council place the Draft Asbestos Management Framework 2021 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.

 

Council officers have developed the Draft Asbestos Management Framework 2021. This document builds on Council’s Asbestos Management Policy and Guidelines already in place, and summarises Council’s plans, strategies and policies to provide guidance and inform decision making to help Council effectively manage contaminated land issues as they arise in Cumberland City.  The Draft Asbestos Management Framework 2021 outlines three key focus areas – Planning and Contaminated Land Management, Asbestos Awareness and Education, and Asbestos in Council Assets – and outlines an action plan for Council to implement the desired outcomes.

It is recommended that the Draft Asbestos Management Framework 2021 be placed on public exhibition for a period of 28 days.  The document will also be provided to relevant regulatory bodies to provide an opportunity for their feedback on the Draft Asbestos Management Framework 2021.

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

The Draft Asbestos Management Framework 2021 provides a framework for Council in managing asbestos issues and mitigating risks associated with asbestos.

Any actions arising from the Draft Asbestos Management Framework 2021 that support delivery of asbestos management activities and programs will be funded within existing budget. Grant funding will be sought where applicable and/or available.

It is recommended that the Draft Asbestos Management Framework 2021 be placed 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.

 

1.     Draft Asbestos Management Framework 2021   

 

Attachment 1

Draft Asbestos Management Framework 2021

 17 March 2021

 17 March 2021

 

 

Item No: C03/21-704

Response to Notice of Motion Granville Park Stadium Naming

Responsible Division:                  Works & Infrastructure

Officer:                                       Director Works & Infrastructure

File Number:                               8735638

Community Strategic Plan Goal:  A great place to live  

 

 

This report provides a response to the Notice of Motion – Granville Park Stadium Naming (Min. 998) raised at the Council Meeting of 16 December 2020.

 

Recommendation   That Council name the new Granville Park stadium, The Eric Tweedale Stadium.

 

At the Ordinary Meeting of Council on 16 December 2020, a Notice of Motion (Min. 998) was raised regarding the naming of the new Granville Park Stadium. In considering this item, Council resolved the following:

 “That Council:

1.      Name the new Granville Park Stadium, The Eric Tweedale Stadium after Eric Tweedale, Rugby Union player, Wallaby and crucial in junior rugby development at Granville; and

 

2.      The proposal be placed on public exhibition for 28 days.”

Eric Tweedale is the oldest living Wallaby, and is a Two Blues Club Patron, former Captain, Coach, and President. Eric first played rugby at Cumberland Oval in 1937. He was then selected to play first grade Rugby Parramatta (now Western Sydney Two Blues) at the age of 17.  After serving in World War 2, Eric returned to playing Rugby and was drafted for the 1946 Wallabies team in Australia’s first International Test post-war against the All Blacks. He played for Australia against Scotland, Ireland, Wales, England, France and Canada, earning 13 representative caps, and also played for the NSW Waratahs.

After his retirement, Eric became a coach whose involvement was instrumental in the development of Two Blues Junior Rugby. Eric is now the oldest living Wallaby and turns 100 years old in 2021. A more detailed biography of Eric Tweedale is provided below.

Eric Tweedale’s Biography

Eric Tweedale was born in Lancashire, England in 1921. His family migrated to Australia in 1924 and during the great depression, he settled in the outer west of Sydney in the suburb of Merrylands. 

Eric has had an active and very interesting life particularly on the sporting field.  He first played rugby at Cumberland Oval in 1937 shortly after his 17^th Birthday.  He was then selected to play first grade for Rugby Parramatta (now Western Sydney Two Blues).

His sporting career was interrupted during World War 2, where he spent four years serving in the Royal Australian Navy as a signalman engaged in dangerous convoy duties in the New Guinea and the South Pacific. 

Eric returned to playing Rugby and was drafted for the 1946 Wallabies team in Australia’s first International Test post-war against the All Blacks. He played for Australia against Scotland, Ireland, Wales, England, France and Canada, earning 13 representative caps, and also played for the NSW Waratahs.

Eric played for Australia until the end of the 1949 season, retiring from the international arena to concentrate on business.  Working as an area manager for the Shell Oil Company, he was transferred to Forbes NSW where he quickly formed the Forbes Rugby Union Club.  For the next three years, he captained the NSW Country Team against the British Lions, NZ, Fiji and the All Blacks.

In 2000, Eric received the Australian Sports Medal from the Queen for his contribution to Rugby Union.

Eric Tweedale is the oldest living Wallaby, and is a Two Blues Club Patron, former Captain, Coach, and President.  He has been instrumental in the development of Junior Rugby in the Cumberland area. Eric turns 100 years old in May 2021.

His wife, Isabel, whom he married in 1944 during his term in the Navy, and whom he was very devoted, died in 1964 after a long illness aged 42. Isabel and Eric had a daughter, Kay.  Eric then married USA born, Pyllis Addicoat and moved to the Central Coast.   Eric has been blessed with three lovely granddaughters, twins Megan & Michelle and younger sibling Katie.

Naming approvals and Signage

 

The Geographical Names Board (GNB) administers place names for parks and reserves within Local Government Areas. The naming of buildings within a park does not require approval from the Geographical Names Board and as such a Council resolution is sufficient to name this stadium.

The Eric Tweedale Stadium signage will be placed at the front of the stadium in brushed aluminium as shown in Figure 1.

 

 

Figure 1 - The Eric Tweedale Stadium signage

The proposal was placed on public exhibition from 1 February 2021 to 1 March 2021. The proposal received one response through Council’s ‘have your say’ web page, supporting the naming of The Eric Tweedale Stadium. A copy of submissions received is attached.

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

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

The cost of the signage is included in the existing project budget.

The proposed naming was placed on public exhibition for 28 days with one response supporting The Eric Tweedale Stadium naming. This report recommends the naming of the new Granville Park stadium as The Eric Tweedale Stadium and to place a plaque in honour of Eric Tweedale.

 

 

1.     Summary of Submissions   

 

Attachment 1

Summary of Submissions

 17 March 2021

 17 March 2021

 

 

Item No: C03/21-705

Approval of Heavy Vehicle Access to FBT - Transwest Pty Ltd

Responsible Division:                  Works & Infrastructure

Officer:                                       Director Works & Infrastructure

File Number:                               T-28-22

Community Strategic Plan Goal:  A safe accessible community  

 

 

 

The report seeks approval from Council to undertake a 12 month trial of heavy vehicle access under Higher Mass Limits (HML) on Long Street and Britton Street, Smithfield

 

Recommendation That Council: 1.     Approve a trial period of twelve (12) months for heavy vehicles under Higher Mass Limits to access Council roads identified under recommendation 2, subject to the completion of a surface dilapidation and condition report submitted by the applicant to Council and the payment of a performance bond as determined by Council’s fees and charges.   2.     Note that permissible access to Council’s roads would be restricted to the following road sections:   (i)      Long Street, Smithfield – From Cumberland Highway to Gipps Road (approximately 2.3km) (ii)     Britton Street, Smithfield – From Long Street roundabout to past the first bend (approximately 520m)

 

Council is in receipt of a request from FBT-Transwest Pty Ltd through the National Heavy Vehicle Regulator, for the approval of Higher Mass Limit (HML) access for B-Double vehicles and Semi-Trailers to access road sections in the LGA.

 

This request has been considered by Council’s Engineering section and it is proposed that a twelve (12) month trial could be undertaken, subject to satisfactory dilapidation reports being presented to Council. The dilapidation reports would relate to the existing pavement and surface conditions of the selected roads which will seek to identify the current condition of road surface and confirmation that the road network is suitable to carry the increased weight. A future comparison of the pavement and surface conditions (at the conclusion of the 12 month trial) could then be assessed, prior to consideration of continued use by the B-Double vehicles at higher mass limits.

 

The routes requested by FBT-Transwest Pty Ltd are listed below:

 

1.     Long Street, Smithfield – From Cumberland Highway to Gipps Road (approximately 2.3km)

2.     Britton Street, Smithfield – From Long Street roundabout to past the first bend (approximately 520m)

The map below shows road sections within the Cumberland Local Government Area that are subject to this request (marked yellow).

      

The access requests are for use by; 26m 9-axle B-Double and 19m-6 axle, Semi-Trailer’s at Higher Mass Limits.

 

B-Double (26m) 9-axle

 

 

 

 

 

Prime and Semi-Trailer (19m) 6-axle

 

 

Mass Limits for Semi-Trailers and B-Doubles:

 

A prime mover and trailer (6-axle 19m Semitrailer) can carry up to 42.5t under General Mass Limits (GML) and 45.5t under HML conditions.

 

A 9-axle B-Double vehicle can carry up to 62.5t under GML and 68.0t under HML conditions.

 

Assessment Requirements

 

Requests for HML applications, at other locations in the LGA, have previously been assessed by Council’s Engineering Section, with each application considered on merit against a broad range of factors such as community impacts, traffic volumes, network access and the respective road pavement conditions.

 

The routes requested (Long Street and Britton Street, Smithfield) are on approved B-Double network in the Cumberland LGA.

 

Council has assessed this application in line with the assessment of other locations and it is proposed that a 12 month trial be conducted, subject to a surface dilapidation report and the payment of a suitable performance bond. The bond can be called upon by Council at the end of the 12 month trial, should Council consider the damage to the road surface to be beyond normal degradation.

The roads requested (namely Long Street and Britton Street, Smithfield) are within an industrial area where heavy vehicles, including B-Double, already use the roads at general mass limits. The amenity impact to industrial premises along the requested route is therefore considered negligible and on that basis, it is suggested that community consultation is not required in this instance.

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

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

To ensure no net cost to Council, it is recommended that the applicant provide a performance bond which can be called upon to mitigate any instances of pavement or surface degradation, in addition to providing Council with a surface condition and dilapidation report. All payments provided by the applicant for services provided by Council will be determined in accordance with Council’s fees and charges.

 

On the basis of all factors outlined in this report, it is recommended that the 12 month trial be approved subject to the completion of a dilapidation report by the applicant and the payment of a suitable performance bond, to be determined by Council in accordance with Council’s approved fees and charges to ensure that there is no net cost to Council.

 

 

Nil

 

 17 March 2021

 

 

Item No: C03/21-706

Cumberland Traffic Committee - Minutes of Electronic Meetings held in February 2021

Responsible Division:                  Works & Infrastructure

Officer:                                       Director Works & Infrastructure

File Number:                               T-28-02/08

Community Strategic Plan Goal:  A safe accessible community  

 

 

 

This report presents the minutes of the Cumberland Traffic Committee Electronic Meeting of 3 February 2021.

 

 

Recommendation That: 1.     The minutes of Part 1 Items of the Cumberland Traffic Committee electronic meeting of 3 February 2021, be received and noted; and 2.     The minutes of Part 2 Items of the Cumberland Traffic Committee electronic meeting of 3 February 2021 be received and recommendations contained therein be approved.

 

Due to COVID-19 restrictions, an electronic meeting of the Cumberland Traffic Committee was conducted on 3 February 2021. The agenda for the electronic meeting was sent to all members, requesting feedback and concurrences to be returned to Council.

In accordance with the Cumberland Local Traffic Committee Terms of Reference, approved by Council on 20 May 2020 (Min. 694 - C05/20-443), the following Part 1 items have been approved under delegated authority; items CTC-21-001 to CTC-21-012.

The minutes of the electronic meeting are presented for Council’s approval of Part 2 items. The following Part 2 items require Council approval; Items CTC-21-013 to CTC-21-032.

Community consultation will occur in accordance with the recommendations of each report.

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

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

The expenditure of funds associated with implementing the recommendations not approved under delegated authority will be included in the Council’s Traffic facility construction program.

 

1.     Agenda of the Cumberland Traffic Committee meeting of 3 February 2021  

2.     Minutes of the Cumberland Traffic Committee meeting of 3 February 2021   

 

Attachment 1

Agenda of the Cumberland Traffic Committee meeting of 3 February 2021

 17 March 2021

Attachment 2

Minutes of the Cumberland Traffic Committee meeting of 3 February 2021

 17 March 2021

 17 March 2021

 

Item No: C03/21-707

Notice of Motion - Racism Not Welcome Campaign

Councillor:                                   Kun Huang and Suman Saha

File Number:                               SC483  

 

 

Pursuant to Notice, Councillors Huang and Saha have submitted the following Motion.

 

Notice of Motion That Council: 1.     Note the alarming rise in incidents of racism in Australia and our local community; 2.     Endorse the “Racism Not Welcome” campaign developed by the Inner West Multicultural Network (IWMN); 3.     Support the instalment of bi-lingual* “Racism Not Welcome” street signs in key locations around the Cumberland LGA as part of this campaign; 4.     Work with the IWMN to install the “Racism Not Welcome” street signs; (*English + one of the top 5 languages that reflects the demographic of the local community)

 

The resourcing implications cannot be determined until a resolution of Council which identifies locations and costs of the proposed signage including translation.

Points 1 and 2 are matters for Council to determine. Should Council support further consideration of the matters raised in 3 and 4 above, a report will need to be brought back to Council outlining the required expenditure for the production and installation of these street signs. Additionally, translation costs will also need to be factored into any expenditure if the signs are not already available in various community languages.

Council will also need to resolve the locations at which these street signs are to replace standard street blades, whilst having regard to any traffic and safety issues. This matter will require advice from Council’s traffic and planning teams to recommend suitable locations and it is anticipated that such advice would be included in the report back to Council regarding this matter.

 

Nil