Agenda of Council Meeting - Wednesday, 3 August 2022

Councillor Contact Details

Granville Ward
Clr Steve Christou	0419 651 187	Steve.Christou@cumberland.nsw.gov.au
Clr Ola Hamed	0405 070 007	Ola.Hamed@cumberland.nsw.gov.au
Clr Joseph Rahme	0418 995 471	Joseph.Rahme@cumberland.nsw.gov.au
Greystanes Ward
Clr Diane Colman	0400 279 200	Diane.Colman@cumberland.nsw.gov.au
Clr Greg Cummings	0417 612 717	Greg.Cummings@cumberland.nsw.gov.au
Clr Eddy Sarkis	0418 306 918	Eddy.Sarkis@cumberland.nsw.gov.au
Regents Park Ward
Clr Kun Huang (Deputy Mayor)	0418 911 774	Kun.Huang@cumberland.nsw.gov.au
Clr Sabrin Farooqui	0400 322 999	Sabrin.Farooqui@cumberland.nsw.gov.au
Clr Helen Hughes	0400 264 534	Helen.Hughes@cumberland.nsw.gov.au
South Granville Ward
Clr Glenn Elmore	0418 459 527	Glenn.Elmore@cumberland.nsw.gov.au
Clr Paul Garrard	0414 504 504	Paul.Garrard@cumberland.nsw.gov.au
Clr Mohamad Hussein	0400 281 726	Mohamad.Hussein@cumberland.nsw.gov.au
Wentworthville Ward
Clr Suman Saha	0419 546 950	Suman.Saha@cumberland.nsw.gov.au
Clr Lisa Lake (Mayor)	0418 669 681	Lisa.Lake@cumberland.nsw.gov.au
Clr Michael Zaiter	0418 432 797	Michael.Zaiter@cumberland.nsw.gov.au

Statement of Ethical Obligations

Oath or Affirmation of Office

In taking the Oath or Affirmation of Office, each Councillor has made a commitment to undertake the duties of the office of councillor in the best interests of the people of Cumberland and Cumberland City Council and that they will faithfully and impartially carry out the functions, powers, authorities and discretions vested in them under the Local Government Act 1993 or any other Act to the best of their ability and judgment.

Conflicts of Interest

A councillor who has a conflict of interest in any matter with which the council is concerned, and who is present at a meeting of the council when the matter is being considered, must disclose the interest and the nature of the interest to the meeting as soon as practicable. Both the disclosure and the nature of the interest must be recorded in the minutes of the Council meeting where the conflict of interest arises. Councillors should ensure that they are familiar with Parts 4 and 5 of the Code of Conduct in relation to their obligations to declare and manage conflicts of interests.

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

Council Meeting

3 August 2022

ORDER OF BUSINESS

All Council Meetings are livestreamed via Council’s website. An audio/visual recording of the meeting is published following the meeting. Recordings remain on Council's website for a period of 12 months and are archived following this.

1 Opening of Meeting

2 Opening Prayer / Acknowledgement of Country / National Anthem

3 Apologies / Requests for Leave of Absence/ Requests for Attendance by Audio-Visual Link

4 Confirmation of Previous Minutes

C08/22-113 Minutes of the Ordinary Meeting of Council - 20 July 2022............................................... 5

5 Declarations of Interest

6 Public Forum / Presentation of Petitions

7 Items Resolved by Exception

8 Mayoral Minutes

Nil

9 Reports to Council

C08/22-114 Draft Councillor Expenses and Facilities Policy - Post Election Review.................... 23

C08/22-115 Update on the Aboriginal & Torres Strait Islander Consultative Committee............... 43

C08/22-116 Draft Disability Inclusion Action Plan......... 55

C08/22-117 Updates to Grants and Donations Policy and Emergency Relief Fund Guidelines........... 79

C08/22-118 Community Engagement Strategy 2022 - Post Exhibition Report.............................. 95

C08/22-119 Development at Driftway Drive, Pemulwuy – Names Required for Roads, Parks and a Reserve.................................................. 151

C08/22-120 Development at Driftway Drive, Pemulwuy - Proposed Retaining Walls and Easement on Council Land.......................................... 157

10 Reports of Council Committees

Nil

11 Motions Pursuant to Notice

C08/22-121 Notice of Motion - Residential Parking in Lidcombe............................................... 163

C08/22-122 Notice of Motion - Social Housing............ 165

C08/22-123 Notice of Motion - Coordinated Action to Address Youth Mental Health Crisis........ 167

12 Notices of Rescission

Nil

13 Questions on Notice

Nil

14 Closed Session Reports

RES08/22-1 Notice of Rescission - C07/22-92 Performance Agreement for Cumberland Council General Manager for the period 1 July 2022 to 30 June 2023 and Amendments to the Review of the Performance of the General Manager Policy

Note: Included in Closed Council in accordance with Section 10A(2)(a) of the Local Government Act as the information involves personnel matters concerning particular individuals (other than Councillors).

15 Resolutions passed in Closed Session

16 Other / General Matters

17 Close

Council Meeting

3 August 2022

Item No: C08/22-114

Draft Councillor Expenses and Facilities Policy - Post Election Review

Responsible Division: General Manager

Officer: Executive Manager General Manager's Unit

File Number: HC-01-03-2

Community Strategic Plan Goal: Transparent and accountable leadership

Summary

This report recommends that Council publicly exhibit the revised Councillor Expenses and Facilities Policy, following a mandatory policy review process undertaken post-election as required under the Local Government Act 1993.

Recommendation

That Council place the Councillor Expenses and Facilities Policy (Attachment 1) on public notice and consultation for a period of 28 days, with a report to be returned to Council following this for determination.

Report

The Councillor Expenses and Facilities Policy sets out the entitlements of the Mayor and Councillors to Council facilities, fees and reimbursement of expenses during office.

Section 252(1) of the Local Government Act 1993 states:

Within the first 12 months of each term of a Council, the Council must adopt a Policy concerning the payment of expenses incurred or to be incurred by, and the provision of facilities to, the Mayor, the Deputy Mayor (if there is one) and the other Councillors in relation to discharging the functions of civic office.

Given the above statutory requirement, Council also sought to review the operations of the Policy given one full Council term had elapsed as the now amalgamated Cumberland Council. The currently adopted Councillor Expenses and Facilities Policy has therefore been reviewed by Council officers, and the Draft Policy attached incorporates a number of recommended changes, whilst meeting the requirements of the Local Government Act 1993 and Office of Local Government guidance. The Draft Policy provides a contemporary and inclusive approach, recognising the emergence of the digital age and the various methods in which Councillors can discharge their civic duties.

Council is committed to supporting its elected officials in exercising their civic duties while also encouraging professional development. The Local Government Act 1993 prescribes the roles and responsibilities of the Mayor and Councillors both collectively as the governing body of the council, and as individual members of the governing body. It also places a responsibility on the Mayor and Councillors to make all reasonable efforts to acquire and maintain the skills necessary to perform their roles. This increased focus on Councillor Professional Development and skills acquisition is reflected in the Draft Policy.

The Draft Policy also recognises that as a result of Covid-19 and the increased emergence of the digital age and home workplace, that there are now different approaches that Councillors may choose to utilise when they undertake their civic duties. The revised Policy aims to be inclusive and accommodate all Councillors and support them in discharging their civic duties.

The Draft Policy retains a better practice governance approach, incorporating caps and maximum limits for thresholds. For community transparency, the proposed key changes to the Draft Councillor Expenses and Facilities Policy from the currently adopted Policy include:

• Thresholds are now all inclusive of GST for clarity.

• General Travel Expenses – Increase recommended from $3,000 to $4,000 per year in line with increased travel to meetings and engagements across the larger local government area, and factoring in rising costs associated with travel.

• Councillor Professional Development – Increase recommended from $30,000 to $40,000 for all Councillors combined annually, in addition to supplementary courses offered once per Council Term (AICD Company Directors Course and UTS Executive Certificate for Elected Members). This aligns with the Office of Local Governments’ increased focus and Local Government Act requirements around Councillor professional Development and skills acquisition.

• Home Office, ICT and subscriptions – Increase recommended from $600 to $3000 per year per Councillor. This however proposes to consolidate a number of budgeted items including general home office and ICT accessories and consumables, communications subscriptions, stamps/postage and Councillor stationery such as letterhead, envelopes to support civic duties previously provided separately under the Policy. This recommendation also factors in the increasing shift towards working from home and providing greater flexibility to Councillors in setting up an appropriate and ergonomic home office should they wish.

• Mobile phone reimbursement option is specifically for one mobile phone subscription/plan only, and does not apply to handset costs.

• Councillor Superannuation clause included as per the recent resolution of Council effective from 1 July 2022.

• Mayoral facilities such as the option to use Mayoral chains and robes, newspaper subscription, and postage for general civic correspondence included.

• Streamlined clauses around accommodation to include the General Manger’s authorisation to book a standard room at the venue where a conference is being held, thus potentially reducing travel and overall costs to Council.

• Streamlined clauses around Councillors requesting approval for attendance at conferences/seminars, and membership to professional bodies. It is recommended that in seeking approval, a Councillor must submit an Electronic or written request to the General Manager with justification as to the connection of the professional development activity to their civic duties.

As a result, it is now recommended that the Draft Councillor Expenses and Facilities Policy be endorsed by Council to proceed to public notice and consultation for a period of 28 days. A report will be provided to Council at the conclusion of consultation, outlining the public submissions received and a final recommended Policy.

Community Engagement

Councillor feedback was sought following the Councillor briefing held on the 13^th of April 2022, with the final Draft discussed at a Councillor workshop held on 27^th of July 2022. It is proposed that the Draft Councillor Expenses and Facilities Policy be publicly exhibited for 28 days, with a report to return to Council following the exhibition period outlining the submissions received and any proposed changes.

Policy Implications

There are no policy implications associated with this report. The currently adopted Councillor Expenses and Facilities Policy will remain operative until superseded.

Risk Implications

The public notice and consultation of the Draft Councillor Expenses and Facilities Policy ensures that Council is on track to adhere to the requirements of Section 252 of the Local Government Act 1993.

Financial Implications

The provisions of facilities and expenses under the Draft Councillor Expenses and Facilities Policy are budgeted for within Council’s currently adopted budget. It is noted that Councillors historically have been prudent with their use of facilities and expenses, and are yet to exhaust the overall annual budget allocation.

CONCLUSION

The Councillor Expenses and Facilities Policy has been reviewed as required within 12 months of a general election, and is now recommended to proceed to public notice and consultation.

Attachments

1. Draft Councillor Expenses & Facilities Policy

Council Meeting

3 August 2022

Item No: C08/22-115

Update on the Aboriginal & Torres Strait Islander Consultative Committee

Responsible Division: General Manager

Officer: Executive Manager General Manager's Unit

File Number: SC486

Community Strategic Plan Goal: Transparent and accountable leadership

Summary

This report provides an update on the status of the Cumberland ATSIC Committee, and recommends that Council proceed to appoint community representatives and undertake a further Expressions of Interest process for additional membership.

Recommendation

That Council:

1. Appoint Julie Nixon, Kerrie Kenton, Maureen Walsh, Wayne Trindall, David Williams and Trudy Healey as Community Representatives to the Cumberland ATSIC Committee; and

2. Undertake a further Expressions of Interest Process seeking to appoint further community representatives to the Cumberland ATSIC Committee in accordance with the membership requirements under the adopted Terms of Reference.

Report

At the Ordinary Meeting of Council held on 1 June 2022, it was resolved (Min. 104):

“That Council:

1. Appoint the community members to each committee as outlined in the report.

2. Defer the formation of the ATSIC Committee pending further consultation.

3. Notify all applicants of Council’s resolution.

4. Resolve that Councillor representation in the following committees will be decided in next Councill meeting on 15th June 2022: Access Committee, Arts Advisory Committee, Community Safety and Crime Prevention Committee, Companion Animals Advisory Committee, Culturally and Linguistically Diverse (CALD) Advisory Committee, Library Committee, Youth Advisory Committee, Green Corridor Committee, Homelessness Committee.”

Following this resolution, the Mayor, Councillor representatives and the General Manager have continued to undertake consultation with key indigenous leaders and groups to better understand the requirements and operations to ensure an effective Cumberland ATSIC Committee.

The report (item C06/22-68) of 1 June 2022 also identified that Council had not reached the required 10-15 Community Representatives for the ATSIC Committee as required under the Terms of Reference.

As a result, this report now seeks to appoint the six (6) recommended community representatives to the ATSIC Committee as recommended by the internal assessment panel, and then proceed to undertake a further Expressions of Interest process seeking to ensure that the ATSIC reaches its full complement of membership. The members recommended for appointment all demonstrated lived experience and had sound local knowledge and understanding of indigenous issues. Three (3) applications were not recommended for appointment as their applications did not adequately address the criteria.

Given the ATSIC Committee does not have the required number of members to proceed to formally meet, the appointed members and Councillor representatives may choose to convene an informal meeting in August should they wish, as prescribed under the adopted Terms of Reference.

A further report will be provided following the Expressions Of Interest process detailing the outcome of that process, and any further recommended community representative members for the ATSIC Committee for Council’s determination.

Community Engagement

Council ran an open and transparent Expression of Interest process via Council’s ‘Have Your Say’ platform between 25 March 2022 until 10 May 2022. In addition to this, the Expression Of Interest process was regularly notified through e-news, community newsletters and social media platforms. Existing Committee members sitting on Council’s ATSIC Committee prior to the 2021 Local Government Elections were also notified of this Expression Of Interest process being live, and were encouraged to submit their interest. All applicants will be notified of Council’s decision post meeting.

Policy Implications

Council’s advisory Committees operate within Council’s Internal Governance Framework.

Risk Implications

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

Financial Implications

There are minor financial implications for Council associated with this report with respect to the time of staff supporting Committees after hours at their quarterly meetings.

CONCLUSION

Following relevant consultation occurring as per the resolution of Council, it is now recommended that Council proceed to appoint the community representatives as outlined in the report to the ATSIC Committee, and undertake a further Expressions of Interest process to ensure the Committee is able to formally meet under the adopted Terms of Reference.

Attachments

1. Terms of Reference - Aboriginal & Torres Strait Islander Consultative Committee (ATSICC)

Council Meeting

3 August 2022

Item No: C08/22-116

Draft Disability Inclusion Action Plan

Responsible Division: Community and Organisation Development

Officer: Director Community and Organisation Development (Deputy GM)

File Number: 9491889

Community Strategic Plan Goal: A safe accessible community

Summary

The NSW Disability Inclusion Act 2014 has made it a legislative requirement for Council to have a Disability Inclusion Action Plan (DIAP). This report presents the Draft Cumberland Disability Inclusion Action Plan 2022 – 2026 (DIAP) for public exhibition. Council has undertaken a comprehensive community engagement process to inform the development of the Plan.

The DIAP provides a strategic framework to guide Council in meeting its responsibilities with regard to people with disability and the NSW Disability Inclusion Act 2014. The DIAP also provides Council with an achievable plan on how to improve the accessibility of its services, facilities and activities and create a more inclusive and accessible community.

Recommendation

That Council place the Draft Disability Inclusion Action Plan 2022 - 2026 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.

Report

Council is required to implement a Disability Inclusion Action Plan in accordance with Section 12 of the NSW Disability Inclusion Act 2014 (DIA) and to have the plan adopted by November 2022.

The Act recognises that people with a disability have a right to participate as fully as possible in community life. Under the Act, Council has an obligation to make its facilities and services accessible and inclusive and to remove any barriers in society that prevent or limit this inclusion.

The Disability Inclusion Action Plan is a whole of Council Plan which provides a strategic framework for Council to plan for, and respond to, issues relating to disability access.

Cumberland City Council has a proven track record of supporting disability inclusion planning. Our previous action plan (2017-2021) set forth strategies to positively shape Council practices to ensure greater inclusion of people with disability, carers and families. Our new plan will build on that and incorporate what we have learned over the past four years.

Key outcomes were delivered by the former DIAP (2017 – 2021) incorporating facilities, employment pathways, pedestrian access and mobility works, customer service provision and delivery of a range of specialised disability support services and programs to the community.

Development of the Plan

Council undertook a comprehensive community and internal engagement process to develop the Draft Plan. This included:

· An analysis of demographic and other relevant data related to disability in the Cumberland LGA and with the most recent 2021 census data where available.

· An ‘Easy Read Survey about Disability’ was undertaken with service providers, people with disability, their carers, families and the general public between February and March 2022. 45% of respondents to the survey were people with disability and 39% were carers of a person with disability.

· Three focus groups were undertaken with people with disability, their carers and families, schools, local disability service providers and Council staff. (109 focus group participants).

· An analysis of relevant data collected from the Cumberland Community Satisfaction Survey examined community attitudes and perceptions towards Council’s current and future services and facilities. This survey contained two questions that gave insight into how Council was performing against access and inclusion indicators (602 residents participated).

· An analysis of relevant data from the Community Strategic Plan engagement (conducted in 2018). This included additional questions around community awareness/attitudes of people with disability and priority access, 2500 people were engaged in this process.

All the above activities have seen collectively more than 3,337 people from across Cumberland providing input into the development of the Cumberland Disability Inclusion Action Plan.

Purpose & Focus Areas

The purpose of the Cumberland Disability Inclusion Action Plan is to positively shape Council practices over the next four years to ensure greater inclusion of people with disability, their carers and families.

The DIAP has been developed in accordance with the NSW Disability Inclusion Action Planning Guidelines for Local Government. It is a four-year plan which will be implemented from August 2022. The Plan focuses on the following four key areas as prescribed under the NSW Guidelines:

1. Developing positive community attitudes and behaviours.

2. Creating liveable communities.

3. Supporting access to meaningful employment.

4. Improving access to mainstream services through better systems and processes.

These focus areas align with the strategic goals outlined in the Community Strategic Plan. Implementation of the Cumberland Disability Inclusion Action Plan will therefore contribute to the overall strategic direction and outcome areas developed to achieve the Cumberland community’s vision of the future.

The DIAP sets forward Council’s commitment to improve access to services, facilities and employment opportunities; create more liveable places and inclusive communities; recognise the rights and contributions of people with disability; and champion diversity in our community.

The Action Plan identifies strategic actions which will be put in place by Council to support people to fully participate in community life and access Council facilities and services. Council will continue to develop partnerships with all levels of government, government agencies and the broader community to implement the Plan.

The Plan will also facilitate the active and ongoing participation of people with disability in the planning, implementation and evaluation of projects that have a direct impact on their lives.

Tracking Progress and Reporting

Once adopted, in accordance with the Disability Inclusion Act 2014 the plan will be lodged with the Disability Council NSW (DIA).

Progress against the Draft Strategy will be reported quarterly to Council as part of Council’s Corporate Planning and Reporting Framework. An evaluation of the Draft Strategy will be undertaken at the midway mark and at the completion of the four-year term in 2026. The results of this evaluation will be reported to Council and the community.

Whilst Council is responsible for the overall implementation of the Plan, many actions will be implemented by working collaboratively with people with disability, service providers, all levels of government and other stakeholders.

The Access Committee will play a critical role in the implementation of the DIAP to ensure ongoing community input and specialist advice to Council. A key function of the Access Committee remains to oversee the implementation and ongoing monitoring of the Cumberland Disability Inclusion Action Plan. In view of this, it is proposed that members of the newly formed Access Committee be directly engaged with during the period of public exhibition to ensure that an exhaustive engagement process has been undertaken prior to final adoption of the DIAP.

Community Engagement

The Draft Cumberland Disability Inclusion Action Plan will be placed on public exhibition for a period of 28 days, to enable the community to have an opportunity for input. During the public exhibition period, the following actions and additional community engagement activities will be undertaken:

• The Draft Plan will be distributed to key stakeholders including residents, people with disability, carers and family members, disability service providers and advocates, community groups, government agencies, Access Committee members and others who participated in the engagement process to seek additional feedback and comment.

• The Draft Plan will be made available on the Council website, the “Have Your Say” platform, and at Council libraries, staffed community centres and Council’s customer service centres.

• Promotion of the public exhibition period via Council’s social media channels and distribution of media releases to local papers.

• Advertisement of the public exhibition period via advertisements in the Auburn Review and Parramatta Advertiser.

• The Draft Plan will also be distributed through community networks, at relevant advisory committee and interagency meetings including Cumberland Parramatta Community Care Forum.

Feedback and public comments arising from the public exhibition period will be reported back to Council and used to inform the final Plan to be reported back to Council for adoption.

Policy Implications

The implementation of the Draft Plan aligns with the Cumberland Community Strategic Plan 2017-2027.

Risk Implications

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

Financial Implications

Funding for the implementation of the Draft Plan has been factored into the approved Operational Plan 2022/23 budget. Council officers will also proactively seek external grants to support the delivery of actions outlined in the Draft Plan.

CONCLUSION

The provision of accessible and inclusive communities is a vital part of enabling people with disability to fully participate in community life. The Draft Cumberland Disability Inclusion Action Plan is a whole of Council planning tool which provides direction for Council in supporting inclusion of people with disability in the community.

The DIAP will assist Council in meeting its obligations in relation to the NSW Disability Inclusion Act 2014 and ensure a strategic approach exists to support people with disability to participate fully in community life and access Council facilities and services.

Implementation of the Plan has been incorporated into Council’s Delivery Program and Operational Plan with accompanying responsibilities, resources and timeframes identified.

This report recommends the Draft Cumberland Disability Inclusion Action Plan 2022 2026 be placed on public exhibition for a period of 28 days for consultation with the community.

Attachments

1. Draft Cumberland Disability Inclusion Action Plan 2022-2026

Council Meeting

3 August 2022

Item No: C08/22-117

Updates to Grants and Donations Policy and Emergency Relief Fund Guidelines

Responsible Division: Community and Organisation Development

Officer: Director Community and Organisation Development (Deputy GM)

File Number: 9540523

Community Strategic Plan Goal: Transparent and accountable leadership

Summary

Council’s Grants and Donations Policy and Emergency Relief Guidelines have been revised to maintain a framework under which all grants and donations made by Council to the community will be governed.

The Policies and Guidelines ensure Council meets legislative requirements prescribed in Section 356 of the Local Government Act as the decision - making authority for approval of the granting of funds. They also seek to ensure all grants and donations deliver social, economic, cultural, recreational and environmental benefits to local communities.

Recommendation

That Council re-adopt the Grants and Donations Policy and Emergency Relief Fund Guidelines including minor amendments as outlined in this report.

Report

The Community Grants and Donations Policy provides an accountability framework to ensure that Council meets legislative requirements prescribed in Section 356 of the Local Government Act 1993. The Policy applies to all aspects of grant and donation programs, including their design, application processes, decision making, agreement making, monitoring and support services.

Minor adjustments have been made to the Community Grants and Donations Policy to incorporate the current funding programs.

The Emergency Relief Fund Guidelines provide a defined application process, eligibility criteria and appropriate governance mechanisms for this funding stream, which include:

• Donations to fundraising appeals

• Community initiatives. The Emergency Relief Fund will provide financial support to the community at any time for donations to fundraising appeals that respond to crisis or disaster situations, or for new community-led initiatives that address an emerging or unexpected community need where action is time critical.

Minor amendments to the Emergency Relief Fund Guidelines have been made to incorporate funding that was previously included in the Mayoral Community Fund:

· Individual hardship requests that address an emerging or unexpected need where action is time critical.

Community Engagement

There are no formal consultation processes for Council associated with this report due to the minor amendments of previously adopted policies and guidelines.

Recommendations for funding allocations will be reported to a Council meeting for determination. Any variances to recommendations proposed by Councillors will be recorded in the minutes of the Council meeting and reflected in the final resolution of Council.

Recommendations for individual hardship requests require 28 days' public notice of Council's proposal to pass the necessary resolution before the funding can be provided.

Policy Implications

The revised Community Grants and Donations Policy outlines the framework under which all grants and donations made by Council to the community are governed.

All applications submitted will be assessed in accordance with this Policy to ensure Council meets legislative requirements as prescribed in Section 356 of the Local Government Act 1993.

Risk Implications

The Emergency Relief Fund and Community Grants Program are provided by Council and governed by the Community Grants and Donations Policy.

The Policy and Guidelines will ensure Council is compliant with the provisions of Section 356 of the Local Government Act 1993, thereby providing a clear and transparent process for applications for financial assistance.

Financial Implications

An annual funding pool of $500,000 for the Community Grants Program has been allocated in the approved Operational Plan 2022/2023 budget.

An annual funding pool of $50,000 for the Emergency Relief Fund has been allocated in the approved Operational Plan 2022/2023 budget.

CONCLUSION

This report recommends that the revised Community Grants and Donations Policy and Emergency Relief Fund Guidelines be adopted.

Attachments

1. Draft Community Grants and Donations Policy

2. Emergency Relief Fund Guidelines

Council Meeting

3 August 2022

Item No: C08/22-118

Community Engagement Strategy 2022 - Post Exhibition Report

Responsible Division: Environment & Planning

Officer: Director Environment & Planning

File Number: SC4879

Community Strategic Plan Goal: Transparent and accountable leadership

Summary

The Draft Community Engagement Strategy 2022 (draft Strategy) has been developed to guide engagement practices with the local community, businesses, and stakeholders when Council is developing its plans, policies, and programs. It outlines the guiding principles and approach for ensuring the community has an opportunity to have their say in a meaningful way.

The draft Strategy reflects the various requirements for community consultation and engagement set out in Section 402A of the Local Government Act 1993 and Part 2, Division 2.6, Section 2.22 of the Environmental Planning and Assessment Act 1979.

The community consultation process for the draft Strategy was undertaken between 25 May 2022 and 30 June 2022. Three (3) submissions were received during the public consultation period. Overall, the feedback did not necessitate changes to the draft Strategy; however, the community snapshot has been updated to include information recently released from the 2021 Census.

This report recommends that the Community Engagement Strategy 2022 be adopted by Council. Subject to adoption by Council, the Community Engagement Strategy 2022 will supersede the current Community Participation and Engagement Strategy which is due for review. The Strategy will also be published on the NSW Planning Portal as a Community Participation Plan for Council under the Environmental Planning and Assessment Act 1979.

Recommendation

That Council:

1. Adopt the Community Engagement Strategy 2022, as provided in Attachment 1

2. Endorse that, subject to adoption, the Community Engagement Strategy 2022 supersedes the current Community Participation and Engagement Strategy 2018

3. Note that, subject to adoption, the Community Engagement Strategy 2022 will be published on the NSW Planning Portal in line with the requirements for Council to have a Community Participation Plan under the Environmental Planning and Assessment Act 1979.

Report

Background

Councils are required to develop a Community Engagement Strategy for community consultation as per Section 402A of the Local Government Act 1993. Council adopted its first Community Engagement Policy in April 2018 and its first Community Engagement and Participation Strategy on 5 December 2018. These documents provided a framework and key actions for how Council engages with the community up to 2021.

The draft Community Engagement Strategy 2022 (the ‘draft Strategy’) has been developed based on lessons learnt and feedback about the current Strategy, and sets a new framework to genuinely engage with our community, businesses and other stakeholders at the right time during development of Council’s policies, projects and plans.

So that the community can access all community engagement information in one place, the Strategy meets the requirements of Section 402A of the Local Government Act 1993 and also incorporates the requirements of the Community Participation Plan as per Part 2 Division 2.6 Section 2.22 of the Environmental Planning and Assessment Act 1979.

Public Exhibition

The draft Community Engagement Strategy 2022 was on exhibition from 25 May 2022 to 30 June 2022. A number of different methods were utilised, including Council’s Have Your Say platform, newspapers, libraries, Council’s service centres, social media and other methods. A full analysis of the engagement can be found in Attachment 2.

Have Your Say webpage

A Have Your Say (HYS) webpage for the draft Strategy displayed the following information:

· The purpose of the Strategy

· A summary of the Draft Community Engagement Strategy

· A downloadable copy of the Draft Community Engagement Strategy

· A downloadable copy of the summary information in 6 community languages, including English, Arabic, Simplified Chinese, Dari, Tamil and Turkish in line with Council’s resolution

· Survey questions

· Information on how to submit submissions in other formats for those who wanted to send via email or post

The HYS webpage was viewed 970 times and the Strategy downloaded over 100 times.

In line with Cumberland City’s ongoing commitment to transparent and best practice engagement, as well as Council’s resolution of 20 April 2022, Council provided summary documents of the strategy that were translated in Arabic, Dari, Simplified Chinese, Tamil and Turkish. The download statistics of these documents are shown in the table below.

Document	No of Downloads
Cumberland Draft Community Engagement Strategy	135
English summary	38
Arabic summary	24
Dari summary	30
Simplified Chinese summary	26
Tamil summary	32
Turkish summary	25

Flyers/Posters

A flyer/poster was produced and distributed in strategic locations across all the wards in the Cumberland LGA. Flyers were also handed out at the community activation of Wyatt Park, Lidcombe@Night.

Newspapers

Newspaper advertisements were placed in the community page section of the Auburn Review and Parra News for the exhibition period (4 weeks), as well the Mayoral column. To further engage with our community, advertisements were also placed in the community language newspapers including; Ethiroli, Persin Herald, El Telegraph, Vision China Times and Dunya.

Social Media

Cumberland’s social media platforms were utilised to inform the community of the project and promote opportunities to provide feedback via the Have Your Say Website, this included posts on Council’s Facebook, Instagram and Twitter accounts on 28 May, 10 June and 26 June 2022.

Submissions Received

A total of three (3) submissions were received as part of the exhibition period for the draft Community Engagement Strategy 2022. A summary of the submissions received and Council officer response is provided in the table below.

Feedback	Council officer response	Changes to document
Council was complimented on the engagement activities made available for the community and places for the community to provide their feedback.	Noted.	Feedback only
Council could offer local business engagement events for small and medium business	Council acknowledge the importance of local business engagement events, this feedback has been referred to Council’s Economic Development & Investment team.	Nil
Council could consider a general engagement forum called ‘How may I help?’ to engage with the community on day to day issues.	This feedback will be considered as part of Council’s overall engagement activities.	Nil
An award should be considered for residents who have volunteered for more than 10 years.	We acknowledge the important work of volunteers in our community; however this falls outside of the scope of the draft Strategy.	Nil
The standard of discourse at Council meetings should be raised and the community should be encouraged to participate in Council meetings.	Council operates Council meetings in line with the adopted Code of Meeting Practice.	Nil
Relevant information is not disclosed to the community in business papers or the planning documentation placed on exhibition for the community (or Councillors) to consider.	This is outside of the scope of the draft Strategy.	Nil
The words of the Strategy need to be translated into action, processes and practices.	Council actively strives to engage and listen to our diverse community through a variety of IAP2 best practice engagement methods. This is used to gain a better understanding of critical issues and attitudes. As part of our yearly evaluation, practical actioning of the Strategy will also be reviewed.	Nil
Examples provided of times when Council did not provide best practice community engagement.	The draft Strategy outlines Council’s Community Engagement Commitments, which guide the planning, development, implementation, evaluation, and continuous improvement of community engagement processes. Further detailed discussion is found within Attachment 2.	Nil
Access to viewing the draft Strategy at the libraries.	The draft Strategy was available on Council’s primary engagement platform, Have Your Say at the commencement of exhibition. Translated flyers were distributed in mid June to the libraries, this was done at a later date than the English flyers as Council identified the opportunity to reach a wider audience as well as to ensure all library team members were able to advise the community of the exhibition and included the QR code to directly link them with the website. There were numerous communication methods utilised to ensure the exhibition was widely communicated including newspapers, social media, translations and the HYS webpage.	Nil
Council has not always ‘closed the loop’ on past consultations.	The new Strategy seeks to strengthen communication with the community in this area and is a key focus for implementation for the first 12 months. Further detailed discussion can be found in Attachment 2.	Nil
Council needs to ensure that community engagement is measured and evaluated.	In line with the draft Strategy, Council staff will annually review the engagements undertaken, feedback from the community and participation levels in our engagement activities. This will also include reviewing feedback through Council’s Community Satisfaction Survey.	Nil

Final Community Engagement Strategy 2022

Council officers have reviewed the feedback received from the consultation period. This feedback did not warrant any content changes of the draft Strategy; however, with the release of the 2021 census data, the community snapshot in the Strategy has been updated with this recent information.

It is recommended that the Community Engagement Strategy 2022 be adopted by Council, as outlined in Attachment 1 of this report.

Subject to adoption by Council, the Community Engagement Strategy 2022 will be a new policy of Council and would supersede the current Community Participation and Engagement Strategy which is due for review.

Subject to adoption, the Strategy will also be published on the NSW Planning Portal in line with the requirements for Council to have a Community Participation Plan under the Environmental Planning and Assessment Act 1979.

Community Engagement

The community engagement component of this strategy has now been completed. Should Council adopt the Community Engagement Strategy, the Strategy will be made available on Council’s website and provide the framework for future community engagement.

Policy Implications

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

Risk Implications

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

Financial Implications

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

CONCLUSION

The consultation for the project has been widely promoted where the page has been viewed 970 times during the consultation period and the document has been downloaded over 100 times, showing interest in the document.

No changes are proposed to the draft Community Engagement Strategy following community consultation. The community snapshot within the draft Strategy has been updated to reflect the recent data now available from the 2021 Census.

Should the draft Strategy be adopted, it will be an important part of ensuring that Council officers implement the best tools at the right time for meaningful community consultation, in order to inform decision making by Council.

Attachments

1. Community Engagement Strategy 2022

2. Engagement Summary and Evaluation Report

Council Meeting

3 August 2022

Item No: C08/22-119

Development at Driftway Drive, Pemulwuy – Names Required for Roads, Parks and a Reserve

Responsible Division: Environment & Planning

Officer: Director Environment & Planning

File Number: CS-260

Community Strategic Plan Goal: A resilient built environment

Summary

A greenfield subdivision has been approved for Lot 2066 DP 1151368 Driftway Drive, Pemulwuy. This report seeks Council’s approval to place on public exhibition a list of Darug words which have been allocated as names for three (3) roads, two (2) parks, and a reserve which will be situated within the subdivision. The names have been selected by Council’s Aboriginal and Torres Strait Islander Consultative (ATSIC) Committee.

The report also seeks Council’s endorsement to proceed with finalisation of the proposed names with the NSW Geographical Names Board (GNB), following exhibition, subject to no significant objections being received. If a significant objection is received requiring an alternative name, the alternative name will be sort from the ATSIC Committee, and the matter will be reported back to Council.

Recommendation

That Council:

1. Endorse the following names proposed by the ATSIC Committee for the new roads, parks, and a reserve within the subdivision of Lot 2066 DP 1151368 Driftway Drive, Pemulwuy.

Roads: Cherribit, Woddi and Murragauan

Parks: Jarra and Kunnama

Reserve: Bidjiwong

2. Proceed with finalisation of the names with the NSW Geographical Names Board (GNB), following exhibition, subject to no significant objections being received. If a significant objection is received requiring an alternative name/s, the alternative name will be sought from the ATSIC Committee, and the matter will be reported back to Council.

Report

Background

Council has responsibility for nominating names for new local roads, parks, and reserves within the local government area. A greenfield subdivision has been approved for Lot 2066 DP 1151368 Driftway Drive, Pemulwuy (refer Figure 1). Names will be required for three (3) roads, two (2) parks, and one (1) reserve which will be situated within the subdivision (refer to Figure 2). Note: Existing Driftway Drive will continue into the subdivision.

Diagram

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Figure 1: Location of Lot 2066 DP 1151368, Driftway Drive, Pemulwuy

Diagram

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Figure 2: Subdivision plan for Lot 2066 DP 1151368, Driftway Drive, Pemulwuy showing names proposed for the new roads, parks, and reserve

Proposed Names

Council has previously agreed that roads and parks (incl reserves) in Pemulwuy, to the west of Driftway Drive, will be named with Darug words. As a result, the matter was raised at the Aboriginal and Torres Strait Islander Consultative (ATSIC) Committee meeting on 11 May 2021. Following the meeting, the ATSIC Committee has proposed the words shown in the table below to be used as names for each of the new roads, parks and reserve. The table includes the words English translations and rationale for selection. The names are proposed to be allocated to the roads, parks and reserve as shown in Figure 2.

Darug words proposed to be used for the roads, parks, and reserve within Lot 2066 DP 1151368 Driftway Drive, Pemulwuy subdivision.
Name:	Meaning:	Rationale:
Cherribit	Black Snake	Raises awareness of local snakes common to the area.
Woddi	Club, small	Alludes to the small road and cul-de-sac shape.
Murragauan	Brown Snake	Raises awareness of local snakes common to the area.
Jarra	Thin, lean	The proposed linear park is thin and lean.
Kunnama	Cook, to	The small pocket park is proposed to include BBQ facilities.
Bidjiwong	Lizard, water dragon	Water Dragons inhabit Prospect Creek and their future upstream migration into the retention basin (holds water) is anticipated.

The proposed names have been checked and assessed as compliant with the requirements of the NSW Geographical Names Board (GNB) and per the road and place naming principles set out by the NSW Addressing User Manual (May 2021) and the Geographical Names Board of NSW Policy Place Naming. In addition, the proposed road names have received pre-approval by the GNB to proceed (pre-approval for place names cannot be sort from the GNB).

Next Steps

Following Council’s endorsement of the names proposed by the ATSIC Committee, the names they will be placed on public exhibition (Council website and social media). A period of two (2) weeks will be provided to the public to submit feedback to Council.

Following the community consultation period, the names will be formally submitted to the GNB for final approval and subsequently forwarded to the Parliamentary Council’s Office (PCO) for finalisation (gazettal). If a significant objection is received at any stage, alternative names will be sort from the ATSIC Committee, and the matter will be reported back to Council.

Community Engagement

The proposed names will need to undertake public consultation. It is recommended that the proposed names are placed on public exhibition for two (2) weeks. The public exhibition will include notices on Council’s website and social media pages. As it is a greenfield subdivision, there are no residents or immediate community directly affected by the naming of the roads, parks, and reserve therefore no direct community engagement (letter) is required.

Policy Implications

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

Risk Implications

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

Financial Implications

Street signs will need to be prepared and installed at appropriate locations. There are no further financial implications for Council associated with this report.

CONCLUSION

A new subdivision has been approved for Lot 2066 DP 1151368 Driftway Drive, Pemulwuy. This subdivision requires the naming of three (3) roads, two (2) parks and a reserve. Council’s ATSIC Committee has allocated Darug words as names for each of the roads, parks, and reserve. Council approval is sort to progress with public consultation and finalisation of the names with the NSW Geographical Board should no significant objections be submitted. If objections are received, alternative names will be sought from the ATSIC Committee and a further report will be provided to Council.

Attachments

Nil

Council Meeting

3 August 2022

Item No: C08/22-120

Development at Driftway Drive, Pemulwuy - Proposed Retaining Walls and Easement on Council Land

Responsible Division: Environment & Planning

Officer: Director Environment & Planning

File Number: SC787

Community Strategic Plan Goal: A resilient built environment

Summary

A development site at Driftway Drive, Pemulwuy, has previously been approved for subdivision to create residential and open space lots under Council delegation. The site is constrained by contours which require cut and fill and construction of retaining walls to accommodate the approved residential development. These retaining walls are adjoining Council land (Marrong Reserve) and are within the development site. The conditions of consent for the Development Application require further detail to be provided for the construction of retaining walls prior to the issue of a Construction Certificate.

Following a review of detailed plans and designs, a proposed approach for the construction and maintenance of the retaining walls has been identified that is supported by Council officers. While the retaining walls are located on private land, rock anchors are required to be installed below Council land (Marrong Reserve) that provides structural support for the retaining walls. The proposed approach enables development on the site whilst mitigating potential impacts on Council land in the area.

In order to progress the approved development, creation of an easement/licence is required over the Council reserve to enable rock anchors to be installed below Council land that provides structural support for the retaining walls. To enable the timely progression of development on the site and secure the necessary arrangements on Council land regarding the proposed retaining walls, it is recommended that Council delegate to the General Manager the authority to progress and finalise an easement/licence on Council land for the purposes of supporting the retaining walls at this location, subject to statutory requirements being met.

Recommendation

That Council:

1. Note the status of the proposed retaining walls and need for an easement/licence on Council land for development located at Driftway Drive, Pemulwuy;

2. Delegate to the General Manager the authority to progress and finalise an easement/licence on Council land for the purposes of supporting the retaining walls at this location, subject to statutory requirements being met; and

3. Note that consultation will be undertaken to progress and finalise the proposed easement/licence on Council land, in accordance with statutory requirements.

Report

The site is located at Driftway Drive, Pemulwuy (as shown in Figure 1), which is located in the southern section of the Pemulwuy residential development, and is near the Prospect Reservoir. The site is zoned R3 Medium Density Residential and R4 High Density Residential under the Cumberland LEP 2021, and is currently vacant. The site adjoins non-developable land zoned RE1 Public Recreation and E2 Environmental Conservation (now known as C2 Environmental Conservation). The land zoning of the site is shown in Figure 2.

Figure 1: Development Site at Driftway Drive, Pemulwuy

In April 2019, DA-2017/321/1 was approved under Council delegation for the subdivision of Lot 2066 into 146 lots as follows:

· Create one community lot (road network, detention basin, fire trail and two pocket parks);

· 143 Torrens lots inclusive of 141 residential lots accommodating 163 dwellings, and two super lots;

· 2 open space lots; and

· Removal of trees and associated civil infrastructure works including landscaping/parks embellishment works, roads, pathways and retaining walls.

Figure 2: Land Zoning for Development Site

The layout of the subdivision associated with the Development Application is provided in Figure 3.

Figure 3: Subdivision Layout for Development Site

The site is constrained by contours which require cut and fill and construction of retaining walls to accommodate the approved residential development. These retaining walls are adjoining Council land (Marrong Reserve) and are within the development site. The conditions of consent for the Development Application require further detail to be provided for the construction of retaining walls prior to the issue of a Construction Certificate.

Council officers have been in discussions with the applicant to progress the technical issues associated with the construction of the retaining walls for the site. Following a review of detailed plans and designs, a proposed approach for the construction and maintenance of the retaining walls has been identified that is supported by Council officers. The proposed approach enables development on the site whilst mitigating potential impacts on Council land in the area, and includes the following elements:

· Construction of retaining walls within the boundary of the development site, to a maximum of 14 metres in height;

· Installation of rock anchors below Council land that provides structural support for the retaining walls, with a maximum depth of 14 metres and located at a minimum depth of 3 metres below the surface of the reserve; and

· Arrangements for the operation and maintenance of the retaining walls to meet Council requirements.

In order to progress the approved development, an easement/licence is required over the Council reserve to enable rock anchors to be installed below Council land that provides structural support for the retaining walls. To enable the timely progression of development on the site and secure the necessary arrangements on Council land regarding the proposed retaining walls, it is recommended that Council delegate to the General Manager the authority to progress and finalise an easement/licence on Council land for the purposes of supporting the retaining walls at this location, subject to statutory requirements being met.

Community Engagement

Consultation was undertaken during the Development Application process for the subdivision of the site.

Subject to Council endorsement, the progression of an easement/licence for Council land adjoining the site to enable the rock anchors to support the retaining walls will require consultation in accordance with statutory requirements.

Policy Implications

Policy implications for Council are outlined in the body of this report.

Risk Implications

Risk implications are minimised for Council, the applicant and community through the design and plans already progressed, as well as the proposed approach to progress the matter in accordance with Council and statutory requirements.

Financial Implications

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

CONCLUSION

A development site at Driftway Drive, Pemulwuy, has previously been approved for subdivision to create residential and open space lots under Council delegation. The conditions of consent for the Development Application require further detail to be provided for the construction of retaining walls prior to the issue of a Construction Certificate. The proposed retaining walls will be constructed on private land; however, will require access to adjoining Council land (Marrong Reserve) for rock anchors to be installed below Council land that provides structural support for the retaining walls. An easement/licence for the Council land is required to progress and finalise the necessary arrangements. It is recommended that Council delegate to the General Manager the authority to progress and finalise an easement/licence on Council land for the purposes of supporting the retaining walls at this location, subject to statutory requirements being met.

Attachments

Nil

Council Meeting

3 August 2022

Item No: C08/22-123

Notice of Motion - Coordinated Action to Address Youth Mental Health Crisis

Councillor: Diane Colman and Mohamad Hussein

File Number: SC488

Summary

Pursuant to Notice, Councillors Colman and Hussein submitted the following Motion.

Poor youth mental health is a long-term increasing trend which has been exacerbated by the impacts of the Covid 19 pandemic.

Poor mental health and stress are the top personal concerns for young people in Australia.

Three quarters of Australians with mental ill health are under 25.

One third of Australian young people report high or very high levels of psychological distress.

One in two Australian young people are unable to carry out their daily activities due to anxiety, depression and psychological distress.

Suicide and self-inflicted injury is the leading cause of the total burden of disease for young people aged 15–24, followed by anxiety disorders and depressive disorders.

This is a national crisis that requires youth mental health and well-being be established as a strategic priority across all levels of government.

Notice of Motion

That Council:

1. Notes that:

a) There is a national and local crisis in youth mental health;

b) urgent coordinated action across all levels of government is required to address this crisis

2. Calls on the Commonwealth government to:

a) prioritise access to youth mental health support services and programs;

b) dramatically increase funding for youth mental health services;

c) establish a Headspace centre in Cumberland;

3. Calls on the NSW government to:

a) urgently increase youth-specific mental health services;

b) coordinate with local government on the provision of mental health support services and programs;

4. Commits to investigate and report back on:

a) facilitating a local youth mental health summit with local youth organisations, local support services, state and federal agencies;

b) collaborating with state and federal agencies, WSAHS and local service providers to co-produce mental health youth champions and youth mental health first aid programs for Cumberland.

Resourcing/FINANCIAL Implications

The advocacy work outlined in points (2) and (3) above can be completed within existing resources. A report to Council as per point 4 can also be completed within existing resources and with an estimated completion time frame of late September/early October.

General Manager Advice

Within existing resources Council can advocate with the relevant State and Federal ministers and Members of Parliament and a report can be prepared as per the timeframes above to address the activities outlined in Point 4 of this Notice of Motion.

Attachments

Nil