Council Meeting
Wednesday, 5 February 2020 at 6:30pm
Cumberland City Council Chambers
Merrylands Service Centre, 16 Memorial Avenue, Merrylands
Councillor Contact Details
Granville Ward |
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Clr Steve Christou (Mayor) |
0419 651 187 |
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Clr Ola Hamed |
0405 070 007 |
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Clr Joseph Rahme |
0418 995 471 |
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Greystanes Ward |
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Clr Greg Cummings |
0417 612 717 |
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Clr Eddy Sarkis (Deputy Mayor) |
0418 306 918 |
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Vacant |
- |
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Regents Park Ward |
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Clr Ned Attie |
0419 583 254 |
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Clr George Campbell |
0409 233 315 |
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Clr Kun Huang |
0418 911 774 |
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South Granville Ward |
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Clr Glenn Elmore |
0418 459 527 |
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Clr Paul Garrard |
0414 504 504 |
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Clr Tom Zreika |
0449 008 888 |
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Wentworthville Ward |
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Clr Lisa Lake |
0418 669 681 |
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Clr Suman Saha |
0419 546 950 |
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Clr Michael Zaiter |
0418 432 797 |
For information on Council services and facilities please visit www.cumberland.nsw.gov.au
Council Meeting
5 February 2020
1 Opening Prayer / Acknowledgement of Country / National Anthem
2 Notice of Live Streaming of Council meeting
3 Apologies / Requests for Leave of Absence
4 Declarations of Pecuniary & Non Pecuniary Conflicts of Interest
5 Confirmation of Previous Minutes
C02/20-348 Minutes of the Ordinary Meeting of Council - 18 December 2019.......................................................................................... 5
Nil
7 Public Forum / Presentation of Petitions
8 Items Resolved by Exception
C02/20-349 Contribution of Cumberland City Council Towards Bushfire Recovery........................................................................ 29
Nil
C02/20-350 Adoption of Outdoor Dining Policy - Post Exhibition........... 33
C02/20-351 Adoption of Public Interest Disclosure Policy - Post Exhibition........................................................................ 63
C02/20-352 Investment Report - December 2019................................ 83
Director Community Development
C02/20-353 Rising Star Sports Award............................................... 107
Director Environment & Planning
C02/20-354 New Cumberland Development Control Plan – Draft Chapter for Part C Development in the Business Zones................ 119
C02/20-355 New Cumberland Development Control Plan – Draft Chapter on Part D Development in the Employment Zones........... 149
C02/20-356 New Cumberland Development Control Plan – Draft Chapter on Part F Precinct and Site Specific Development Controls........................................................................ 173
Director Works & Infrastructure
Nil
10 Reports of Council Committees
C02/20-357 Nominations for Access and Safety Committee and Adoption of revised Terms of Reference....................................... 885
C02/20-358 Cumberland Heritage Committee Meeting Held 26 November 2019 and Lower Prospect Canal Heritage Nomination Request........................................................................ 897
Nil
Nil
Nil
C02/20-359 Proposed Sale of Fraser Street Reserve
Note: Included in Closed Council in accordance with Section 10A(2)(c) of the Local Government Act as the information involves information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.
16 Close
Council Meeting
5 February 2020
Item No: C02/20-348
Minutes of the Ordinary Meeting of Council - 18 December 2019
Responsible Division: Finance & Governance
Officer: Director Finance & Governance
That Council confirm the minutes of the Ordinary Meeting of Council held on 18 December 2019. |
Attachments
DOCUMENTS
ASSOCIATED WITH
REPORT C02/20-348
Attachment 1
Draft Minutes - 18 December 2019
5 February 2020
Item No: C02/20-349
Contribution of Cumberland City Council Towards Bushfire Recovery
Responsible Division: General Manager
Officer: General Manager
File Number: SC485
Community Strategic Plan Goal: Transparent and accountable leadership
Summary
The recent bushfires across NSW and other Australian states has been unprecedented in scale. Bushfire activity has also occurred within the Cumberland Local Government Area at Pemulwuy and Greystanes. This report provides a summary of current actions undertaken by Council towards bushfire recovery at a local and regional level.
Recommendation That Council: 1. Acknowledge and thank the efforts of firefighters, volunteers, emergency service personnel and Council officers during the recent 2. bushfires. 3. Note the contribution of Cumberland City Council towards bushfire recovery at a local and regional level. |
Report
The recent bushfires across NSW and other Australian states has been unprecedented in scale. The area burnt in NSW exceeds 5,000,000 hectares. More than 2,600 homes, and many more outbuildings, have been damaged or lost. At the time of writing, more than 20 people have died, and some fires remain ablaze.
Fires have also occurred closer to home. In Cumberland, a large grass fire occurred in the Pemulwuy and Greystanes area in December 2019. A number of locations within the WSROC member councils, including Blue Mountains, Hawkesbury and Lithgow, have experienced significant bushfire activity.
During this time, firefighters, volunteers and emergency services personnel have been working around the clock to protect lives, property and homes. Council officers have also been involved in these efforts, including liaising regularly with the Rural Fire Service and the State Emergency Service.
Bushfire recovery efforts in the Pemulwuy and Greystanes area
Following the large fire in the area, Council officers have been working under the direction of the Rural Fire Service in the burnt areas around Hyland Road and Pemulwuy. Works include removing vegetation away from houses, clearing access routes for the Rural Fire Service, monitoring and extinguishing spot fires, assisting with road closures and removing trees which are considered dangerous.
In addition, debris and fallen branches from reserves across the Cumberland Local Government Area are progressively being removed, with priority being given to areas adjoining bushland, including Pemulwuy Reserves, Munro St Park, Boothtown Reserve, Campbell Hill Reserve and Wategora Reserve.
Moving forward, Council is working with local fire authorities to develop a Bushfire Mitigation Plan in the Pemulwuy and Greystanes areas. This plan will propose to classify some of the area as bushfire prone land, particularly along the ridge line in the Prospect Pine Forest location of Pemulwuy. This will provide Council and firefighters greater scope to carry out hazard reduction burns and other measures to minimise the risk of fire to the community for the future. It should be noted that any controlled burn will be governed by the processes of the Rural Fire Service and be carried out when weather conditions are more favourable.
Bushfire recovery support across NSW
Council is also participating in the Sydney Metropolitan Mayors’ meetings on bushfire relief and recovery. This is also being supported by the Local Government Recovery Support Group. The Group recently met on 28 January 2020.
This Group has been established by the NSW Office of Local Government, NSW Office of Emergency Management, Local Government NSW and the Sydney Resilience Office (which operates from the offices of City of Sydney Council). The Group will act as a central point to establish the priority needs of bushfire affected Councils and the assistance which Councils are volunteering.
Participation in the Group is voluntary, and it will operate in parallel with the compulsory emergency management arrangements under the State Emergency and Rescue Management Act.
Council will continue to participate in the Group and will consider requests for assistance as they arise in the coming months.
Community Engagement
An opportunity for community consultation on the bushfire mitigation plan, including areas identified as bush fire prone land, will be undertaken prior to finalisation. Further information will be provided to the community at this time.
Policy Implications
There are no policy implications for Council associated with this report.
Risk Implications
Risk implications associated with the bushfire recovery effort are being managed through existing plans and systems.
Financial Implications
Financial implications associated with the bushfire recovery effort is being managed within current resources.
CONCLUSION
This report provides an update regarding the contribution of Cumberland City Council towards bushfire recovery at a local and regional level. Council is also participating with broader initiatives towards bushfire recovery, including the Sydney Metropolitan Mayors’ meetings, and the Local Government Recovery Support Group.
Attachments
Nil
5 February 2020
Item No: C02/20-350
Adoption of Outdoor Dining Policy - Post Exhibition
Responsible Division: Finance & Governance
Officer: Director Finance & Governance
File Number: HC-23-01-15
Community Strategic Plan Goal: A strong local economy
Summary
This report recommends the adoption of the Draft Outdoor Dining Policy following a period of public exhibition.
Recommendation That Council: 1. Adopt the Outdoor Dining Policy as outlined in Attachment 1 to this report. 2. Rescind the Outdoor Dining Policies of the former Auburn, Holroyd and Parramatta City Councils as they apply to Cumberland. |
Report
At the 6 November 2019 Ordinary Council meeting, Council resolved to place the Draft Outdoor Dining Policy on public exhibition for community feedback (Min. 779). The Draft Outdoor Dining Guidelines were also exhibited during this time in conjunction with the Policy.
Subsequently, Council received two submissions during the public exhibition period on the Draft Outdoor Dining Guidelines. A summary of all submissions received and Council’s response is outlined in Attachment 3 to this report.
In accordance with the above, Council has now addressed all feedback provided and recommends the Outdoor Dining Policy be adopted by Council as outlined in Attachment one to this report.
Community Engagement
Council publicly exhibited the Draft Outdoor Dining Policy along with the Draft Outdoor Dining Guidelines, from 19 November 2019 to 17 December 2019, both on Council’s website and in local newspaper publications.
Council had 35 visits to the ‘Have Your Say’ community engagement website during the public exhibition period, with 13 people downloading the Policy provided.
Submissions were received from two respondents. Council has formally responded to all respondents who made a submission and notified them of the consideration of this item at this Council meeting.
Policy Implications
There are no policy implications for Council associated with this report.
Risk Implications
Adoption of the Outdoor Dining Policy provides a framework for Council to effectively manage its outdoor dining establishments, ensuring consistency in approach across the wider Cumberland area.
Financial Implications
There are no financial implications for Council associated with this report.
CONCLUSION
Council has publicly exhibited the Outdoor Dining Policy and associated guidelines, and formally responded to all who made a submission. The Policy is now recommended for adoption.
Attachments
DOCUMENTS
ASSOCIATED WITH
REPORT C02/20-350
Attachment 1
Outdoor Dining Policy
Attachment 3
Outdoor Dining Policy & Guidelines Submission Responses
5 February 2020
Item No: C02/20-351
Adoption of Public Interest Disclosure Policy - Post Exhibition
Responsible Division: Finance & Governance
Officer: Director Finance & Governance
File Number: HC-01-03-2
Community Strategic Plan Goal: Transparent and accountable leadership
Summary
This report recommends the adoption of the Draft Public Interest Disclosure Policy following a period of public exhibition.
Recommendation That Council adopt the Public Interest Disclosure Policy as outlined in Attachment 1 of this report. |
Report
At the 6 November 2019 Ordinary Council meeting, Council resolved to place the Draft Public Interest Disclosure Policy on public exhibition for community feedback (Min. 764).
Subsequently, Council did not receive any submissions during the 28 day exhibition period.
In accordance with the above, it is now recommended that the Public Interest Disclosure Policy be adopted by Council as outlined in Attachment 1 of this report.
Community Engagement
Council publicly exhibited the Public Interest Disclosure Policy for a period of 28 days, from 19 November 2019 to 17 December 2019, both on Council’s website and in local newspaper publications.
Council had 11 visits to the ‘Have Your Say’ community engagement website during the public exhibition period, with 2 people downloading the Public Interest Disclosure Policy provided. Council did not receive any submissions during the 28 day exhibition period.
Policy Implications
The adoption of this Policy will rescind the previously adopted version of this Policy. As there is an increase of disclosures officers recommended with the Policy, it is anticipated that internal Public Interest Disclosures training will be held with all officers by the Internal Ombudsman Shared Service.
Risk Implications
The adoption of this Policy will increase the number of disclosures officers substantially, improving accessibility to a disclosures officer for all Council officials. This ensures that Council is encouraging a more open reporting culture.
Financial Implications
There are no financial implications for Council associated with this report.
CONCLUSION
Council has publicly exhibited the Public Interest Disclosures Policy. The Policy is now recommended for adoption.
Attachments
DOCUMENTS
ASSOCIATED WITH
REPORT C02/20-351
Attachment 1
Public Interest Disclosures Policy
5 February 2020
Item No: C02/20-352
Investment Report - December 2019
Responsible Division: Finance & Governance
Officer: Director Finance & Governance
File Number: A-05-01/05
Community Strategic Plan Goal: Transparent and accountable leadership
Summary
This is a report from the Director Finance & Governance providing an update on the performance of Council’s investment portfolio to 31 December 2019.
Recommendation That Council receive the December 2019 Investment Report. |
Report
Included in this report are the following items that highlight Council’s investment portfolio performance for the month, year-to-date to 31 December 2019 and an update of the investment environment.
Council Investments as at 31 December 2019
Council’s investment portfolio has a current market value of $155,264,220. This represents a premium of $1,405,824 above the face value of the portfolio being $153,858,396 and generates a 1.57% 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 31 December 2019 outperformed the current month benchmark and exceeded the year to date benchmark.
Performance – Current Month 31 December 2019
For the month of December, Council‘s portfolio generated interest earnings of $221,892. This is $101,447 lower than the budget of $323,339 and outperformed the AusBond Bank Bill Index by 0.85%, as detailed below:-
Performance – Year-to-date 31 December 2019
For the year-to-date, Council‘s portfolio generated interest earnings of $1,757,542. This is $185,623 lower than the budget of $1,943,165 and outperformed the AusBond Bank Bill Index by 1.08%, as per below:-
Community Engagement
There are no consultation processes for Council associated with this report.
Policy Implications
There are no policy implications for Council associated with this report.
Risk Implications
To manage risk, key criteria are incorporated into Cumberland Council’s investment making decisions, as detailed below:-
Preservation of Capital
The requirement for preventing losses in an investment portfolio’s total value (considering the time value of money).
Diversification
Setting limits to the amounts invested with a particular financial institution or government authority to reduce credit risk.
Credit risk
The risk that an investment of Council fails to pay the interest and/or repay the principal of an investment.
Maturity risk
The longer the term of the investment, the greater the exposure to potential changes in interest rates, market volatility and credit quality of an issuer.
Financial Implications
There are no financial implications for Council associated with this report.
CONCLUSION
Council hereby certifies that the investments listed above have been made in accordance with Section 625 of the Local Government Act 1993, Clause 212 of the Local Government (General) Regulation 2005 and Council’s Investment Policy.
Attachments
1. Investment Summary Report December 2019
2. Economic and Investment Portfolio Commentary December 2019
DOCUMENTS
ASSOCIATED WITH
REPORT C02/20-352
Attachment 1
Investment Summary Report December 2019
Attachment 2
Economic and Investment Portfolio Commentary December 2019
5 February 2020
Item No: C02/20-353
Rising Star Sports Award
Responsible Division: Community Development
Officer: Acting Director Community Development
File Number: SC619
Community Strategic Plan Goal: Transparent and accountable leadership
Summary
The Cumberland Council Rising Star Sports Award aims to celebrate and support the achievements of local residents who are pursuing excellence in the field of sport. The award will provide one-off financial assistance to individual local athletes of any age who have been selected to represent their sport at a state, national or international level.
This report outlines the outcome of staff assessments and the recommendations for funding allocations for applications submitted in the month of December 2019.
Recommendation That Council: 1. Adopt the one application recommended for funding under Attachment 1 and allocate $1,500 from the 2019/20 Cumberland Rising Star Sports Award. 2. Advise the applicant of funding allocations of the 2019/20 Cumberland Rising Star Sports Award and provide feedback. |
Report
2019/20 Community Grants Program Rising Star Sports Award Guidelines
In accordance with the Community Grants and Donations Policy, detailed Guidelines for the 2019/2020 Cumberland Community Grants Program – Rising Star Sports Award (included under Attachment 2) were made publicly available. The Guideline outlines the funding eligibility and assessment criteria.
2019/2020 Cumberland Rising Star Program is open all year round and applications received on a monthly basis and received by 4 pm on the last Monday of each month.
In accordance with the Community Grants and Donations Policy, applications were invited via an open call. Promotion of the Rising Star Sports Award commenced on 31 October 2019. The grant round was promoted widely using the following methods:
· Promotion of the Grants Program through Council’s social media channels and website.
· The Guidelines and Application Forms were made available on Council’s website.
· Emails were sent to local community organisations that subscribe to Council’s Grants Bulletin (400 subscribers).
· Emails were sent to community groups and other key stakeholder groups (approximately 1,200 email addresses).
· Promotional flyers were displayed in Council’s community centres, libraries and Customer Contact Centres.
· Promotion through Schools Program Newsletter which is distributed to all schools across Cumberland (57 Schools).
· Promotion through local Sports Clubs.
In accordance with the Policy and the Guidelines, submitted applications were assessed against the published assessment criteria.
The athlete can only win the Award once per financial year. Council does not award funding for projects or events retrospectively. Funded projects or events must be delivered between 1 September 2019 and 31 August 2020.
Assessment Process
The Rising Star Sports Award is a competitive process with applications assessed against the published criteria. Applications submitted for funding under the Community Grants Program were assessed in two stages. This included:
Stage 1: Eligibility Assessment
Council’s grants administrators conducted an eligibility assessment of all applications submitted. This included applications being submitted on time, being complete and meeting the eligibility criteria.
Stage 2: Subject Matter Expert Panels
Three internal assessment panels (Subject Matter Expert Panels) consisting of Council staff were convened to review and rank eligible applications against the assessment criteria. The Subject Matter Expert Panels involved members of staff that have sufficient understanding of the funding process and funding priorities. The Panels consisted of staff from a cross-section of service areas.
Panel members were required to complete confidentiality and conflict of interest documents and declare any conflicts of interest that arose during the assessment process.
Subject Matter Expert Panels assessed all applications.
Assessment Outcomes
A total of $12,316 is available in 2019/20. Council received one application from Mr Hayden Shaw requesting a total of $1,500 and has been recommended for funding.
The following table provides a summary of the assessment outcomes:
Funding Stream |
Amount Available |
Amount Recommended |
No. of Projects Recommended |
Rising Star Sports Award |
$12,316 |
$1,500 |
1 |
TOTAL |
$12,316 |
$1,500 |
1 |
The total value of the application recommended for funding is $1,500.00.
A full list of applications recommended by the Subject Matter Expert Panels for funding for the month of December is included in Attachment 1 ‘Schedule of Applications Received – Cumberland Rising Star Sports Award 2019/20’ for determination by Council.
Community Engagement
Council will notify the applicant of the outcome of their application.
Information about the Cumberland Rising Star Sports Award is open all
year round, will be widely promoted and made available to the community.
Policy Implications
The Community Grants and Donations Policy outlines the framework under which grants and donations made by Council to the community are governed. The Policy ensures Council meets legislative requirements prescribed in Section 356 of the Local Government Act 1993. All applications submitted to Round Two of the 2018/19 Community Grants Program have been assessed in accordance with this Policy.
Risk Implications
Successful applicant will be required to enter into a funding agreement with Council and meet all requirements of project delivery, reporting and acquittal.
Financial Implications
There is a total of $12,316 remaining in the 2019/20 Cumberland Rising Star Sports Award budget to fund the project recommended for funding ($1,500) with $10,816 remaining available for the remainder of the financial year.
CONCLUSION
The Cumberland Council Rising Star Sports Award aims to celebrate and support the achievements of local residents who are pursuing excellence in the field of sport. The award will provide one-off financial assistance to individual local athletes of any age who have been selected to represent their sport at a regional, state, national or international level.
Council has put in place appropriate monitoring, acquittal and accountability measures for recipients of the Community Grants Program to ensure funds are spent in accordance with the Guidelines. Council will continue to make improvements to the Community Grants Program based on applicant feedback, observations made by grants officers and members of Subject Matter Expert Assessment Panels to improve the overall quality of applications and assessment outcomes.
Attachments
1. Cumberland Rising Star Schedule of Applicants
DOCUMENTS
ASSOCIATED WITH
REPORT C02/20-353
Attachment 1
Cumberland Rising Star Schedule of Applicants
Attachment 2
Cumberland Rising Star Sports Awards 2019/20 Guideline
5 February 2020
Item No: C02/20-354
New Cumberland Development Control Plan – Draft Chapter for Part C Development in the Business Zones
Responsible Division: Environment & Planning
Officer: Director Environment & Planning
File Number: S-5750-01
Community Strategic Plan Goal: A resilient built environment
Summary
The preparation of a new Cumberland Development Control Plan (DCP) is underway, with the focus on harmonising the planning controls of the three DCPs in operation across Cumberland into a single set of detailed planning controls under a comprehensive DCP.
This report recommends that Council endorse the draft chapter Part C Development in the Business Zones, for inclusion in the draft Cumberland DCP that is currently being prepared. The contents of the chapter is based on the planning approach previously endorsed by Council.
It is anticipated that consultation on the draft Cumberland DCP in its entirety will be undertaken in early 2020, following endorsement of all DCP chapters by Council.
Recommendation That Council: 1. Endorse the draft chapter for Part C Development in the Business Zones, as provided in Attachment 1, for inclusion in the draft Cumberland Development Control Plan. 2. Delegate to the General Manager the authorisation to make minor revisions to the draft chapter, as necessary, following Council’s deliberations, to ensure the desired objectives and intended outcomes can be achieved. 3. Consult with the community on the draft chapter, following endorsement of all chapters of the draft Cumberland Development Control Plan by Council.
|
Report
Background
Cumberland City Council is currently operating under three separate sets of planning controls, known as Development Control Plans (DCP), which are available on Council’s website. The current approach does not provide an integrated planning framework for the Cumberland area, with inconsistent planning controls in place, and is not aligned to current strategic plans and policies from Council and the NSW Government.
New Cumberland Development Control Plan (DCP)
The preparation of a new Cumberland DCP will complement the work being undertaken on the new Cumberland LEP, by providing more detailed planning controls for development in the area. This report focuses on the draft chapter for Part C Development in the Business Zones, as shown in Figure 1.
Figure 1: Draft DCP chapter recommended for endorsement
Council has previously considered and endorsed the planning approach for the various chapters in the new Cumberland DCP. The draft chapter has been prepared in accordance with these Council resolutions, as outlined in Table 1.
Date |
Item No. |
Report |
Resolution |
16 October 2019 |
C10/19-247 |
Preparation of a new Cumberland Development Control Plan |
Council noted the approach and key milestones for the preparation of the new Cumberland Development Control Plan |
20 November 2019 |
C11/19-286 |
Proposed business planning controls for inclusion in the new Cumberland DCP |
Council resolved to endorse the planning approach to controls for business development in the Cumberland area |
Table 1: Council resolutions for draft DCP chapter
It is recommended that Council endorse the draft chapter for chapter Part C Development in the Business Zones, as provided in Attachment 1. Subject to endorsement, the draft chapter will be included in the draft Cumberland DCP.
It is anticipated that consultation on the draft Cumberland DCP in its entirety will be undertaken in early 2020, following endorsement of all DCP chapters by Council.
Community Engagement
Consultation will be undertaken on the draft new Cumberland DCP, and this is anticipated to occur in early 2020.
Policy Implications
The preparation of the Cumberland DCP supports the new Cumberland Local Environmental Plan, which is required under the Environmental Planning and Assessment Act 1979. The Cumberland DCP will also align with the strategic directions outlined in Council’s Community Strategic Plan and Cumberland 2030: Our Local Strategic Planning Statement.
Risk Implications
The preparation of a new Cumberland DCP is designed to align with the milestones on work for the new Cumberland Local Environmental Plan, which is required to be completed by mid-2020. The release of funds from the grant is also linked to these milestones. Endorsement of the draft DCP chapter will assist Council in meeting these milestones.
Financial Implications
Work undertaken on the Cumberland DCP, including analysis, document preparation and planned community consultation activities, will be funded from the accelerated Local Environmental Plan Funding Grant provided by the NSW Government.
CONCLUSION
The preparation of a new Cumberland Development Control Plan (DCP) is underway. This report recommends that Council endorse the draft chapter Part C Development in the Business Zones, for inclusion in the draft Cumberland DCP that is currently being prepared. The contents of the chapter is based on the planning approach previously endorsed by Council.
Attachments
1. Draft Cumberland Development Control Plan – Part C Development in the Business Zones
DOCUMENTS
ASSOCIATED WITH
REPORT C02/20-354
Attachment 1
Draft Cumberland Development Control Plan – Part C Development in the Business Zones
5 February 2020
Item No: C02/20-355
New Cumberland Development Control Plan – Draft Chapter on Part D Development in the Employment Zones
Responsible Division: Environment & Planning
Officer: Director Environment & Planning
File Number: S-5750-01
Community Strategic Plan Goal: A resilient built environment
Summary
The preparation of a new Cumberland Development Control Plan (DCP) is underway, with the focus on harmonising the planning controls of the three DCPs in operation across Cumberland into a single set of detailed planning controls under a comprehensive DCP.
This report recommends that Council endorse the draft chapter for Part D Development in the Employment Zones, for inclusion in the draft Cumberland DCP that is currently being prepared. The contents of the chapter is based on the planning approach previously endorsed by Council.
It is anticipated that consultation on the draft Cumberland DCP in its entirety will be undertaken in early 2020, following endorsement of all DCP chapters by Council.
Recommendation That Council: 1. Endorse the draft chapter for Part D Development in the Employment Zones, as provided in Attachment 1, for inclusion in the draft Cumberland Development Control Plan. 2. Delegate to the General Manager the authorisation to make minor revisions to the draft chapter, as necessary, following Council’s deliberations, to ensure the desired objectives and intended outcomes can be achieved. 3. Consult with the community on the draft chapter, following endorsement of all chapters of the draft Cumberland Development Control Plan by Council.
|
Report
Background
Cumberland City Council is currently operating under three separate sets of planning controls, known as Development Control Plans (DCP), which are available on Council’s website. The current approach does not provide an integrated planning framework for the Cumberland area, with inconsistent planning controls in place, and is not aligned to current strategic plans and policies from Council and the NSW Government.
New Cumberland Development Control Plan (DCP)
The preparation of a new Cumberland DCP will complement the work being undertaken on the new Cumberland LEP, by providing more detailed planning controls for development in the area. This report focuses on the draft chapter for Part D Development in the Employment Zones, as shown in Figure 1.
Figure 1: Draft DCP chapter recommended for endorsement
Council has previously considered and endorsed the planning approach for the various chapters in the new Cumberland DCP. The draft chapter has been prepared in accordance with these Council resolutions, as outlined in Table 1.
Date |
Item No. |
Report |
Resolution |
16 October 2019 |
C10/19-247 |
Preparation of a new Cumberland Development Control Plan |
Council noted the approach and key milestones for the preparation of the new Cumberland Development Control Plan |
20 November 2019 |
C11/19-287 |
Proposed employment planning controls for inclusion in the new Cumberland DCP |
Council resolved to endorse the planning approach to controls for employment development in the Cumberland area |
Table 1: Council resolutions for draft DCP chapter
It is recommended that Council endorse the draft chapter for Part D Development in the Employment Zones, as provided in Attachment 1. Subject to endorsement, the draft chapter will be included in the draft Cumberland DCP.
It is anticipated that consultation on the draft Cumberland DCP in its entirety will be undertaken in early 2020, following endorsement of all DCP chapters by Council.
Community Engagement
Consultation will be undertaken on the draft new Cumberland DCP, and this is anticipated to occur in early 2020.
Policy Implications
The preparation of the Cumberland DCP supports the new Cumberland Local Environmental Plan, which is required under the Environmental Planning and Assessment Act 1979. The Cumberland DCP will also align with the strategic directions outlined in Council’s Community Strategic Plan and Cumberland 2030: Our Local Strategic Planning Statement.
Risk Implications
The preparation of a new Cumberland DCP is designed to align with the milestones on work for the new Cumberland Local Environmental Plan, which is required to be completed by mid-2020. The release of funds from the grant is also linked to these milestones. Endorsement of the draft DCP chapter will assist Council in meeting these milestones.
Financial Implications
Work undertaken on the Cumberland DCP, including analysis, document preparation and planned community consultation activities, will be funded from the accelerated Local Environmental Plan Funding Grant provided by the NSW Government.
CONCLUSION
The preparation of a new Cumberland Development Control Plan (DCP) is underway. This report recommends that Council endorse the draft chapter for Part D Development in the Employment Zones, for inclusion in the draft Cumberland DCP that is currently being prepared. The contents of the chapter is based on the planning approach previously endorsed by Council.
Attachments
1. Draft Cumberland Development Control Plan – Part D Development in the Employment Zones
DOCUMENTS
ASSOCIATED WITH
REPORT C02/20-355
Attachment 1
Draft Cumberland Development Control Plan – Part D Development in the Employment Zones
5 February 2020
Item No: C02/20-356
New Cumberland Development Control Plan – Draft Chapter on Part F Precinct and Site Specific Development Controls
Responsible Division: Environment & Planning
Officer: Director Environment & Planning
File Number: S-5750-01
Community Strategic Plan Goal: A resilient built environment
Summary
The preparation of a new Cumberland Development Control Plan (DCP) is underway, with the focus on harmonising the planning controls of the three DCPs in operation across Cumberland into a single set of detailed planning controls under a comprehensive DCP.
This report recommends that Council endorse the draft chapter for Part F Precinct and Site Specific Development Controls, for inclusion in the draft Cumberland DCP that is currently being prepared. The contents of the chapter is based on the planning approach previously endorsed by Council.
It is anticipated that consultation on the draft Cumberland DCP in its entirety will be undertaken in early 2020, following endorsement of all DCP chapters by Council.
Recommendation That Council: 1. Endorse the draft chapter for Part F Precinct and Site Specific Development Controls, as provided in Attachment 1, for inclusion in the draft Cumberland Development Control Plan. 2. Delegate to the General Manager the authorisation to make minor revisions to the draft chapter, as necessary, following Council’s deliberations, to ensure the desired objectives and intended outcomes can be achieved. 3. Consult with the community on the draft chapter, following endorsement of all chapters of the draft Cumberland Development Control Plan by Council. |
Report
Background
Cumberland City Council is currently operating under three separate sets of planning controls, known as Development Control Plans (DCP), which are available on Council’s website. The current approach does not provide an integrated planning framework for the Cumberland area, with inconsistent planning controls in place, and is not aligned to current strategic plans and policies from Council and the NSW Government.
New Cumberland Development Control Plan (DCP)
The preparation of a new Cumberland DCP will complement the work being undertaken on the new Cumberland LEP, by providing more detailed planning controls for development in the area. This report focuses on the draft chapter for Part F Precinct and Site Specific Development Controls, as shown in Figure 1.
Figure 1: Draft DCP chapter recommended for endorsement
Council has previously considered and endorsed the planning approach for the various chapters in the new Cumberland DCP. The draft chapter has been prepared in accordance with these Council resolutions, as outlined in Table 1. For this chapter, there is only a carry over of site specific planning controls.
It is recommended that Council endorse the draft chapter for Part F Precinct and Site Specific Development Controls, as provided in Attachment 1. Subject to endorsement, the draft chapter will be included in the draft Cumberland DCP.
It is anticipated that consultation on the draft Cumberland DCP in its entirety will be undertaken in early 2020, following endorsement of all DCP chapters by Council.
Date |
Item No. |
Report |
Resolution |
16 October 2019 |
C10/19-247 |
Preparation of a new Cumberland Development Control Plan |
Council noted the approach and key milestones for the preparation of the new Cumberland Development Control Plan |
16 October 2019 |
C10/19-248 |
Proposed site specific planning controls for inclusion in the new Cumberland DCP |
Council resolved to carry over the site specific planning controls in the Cumberland area |
18 December 2019 |
C12/19-326 |
Proposed other land use based development controls and other matters for inclusion in the new Cumberland DCP |
Council resolved to carry over the site specific planning controls for Yennora Distribution Park |
Table 1: Council resolutions for draft DCP chapter
Community Engagement
Consultation will be undertaken on the draft new Cumberland DCP, and this is anticipated to occur in early 2020.
Policy Implications
The preparation of the Cumberland DCP supports the new Cumberland Local Environmental Plan, which is required under the Environmental Planning and Assessment Act 1979. The Cumberland DCP will also align with the strategic directions outlined in Council’s Community Strategic Plan and Cumberland 2030: Our Local Strategic Planning Statement.
Risk Implications
The preparation of a new Cumberland DCP is designed to align with the milestones on work for the new Cumberland Local Environmental Plan, which is required to be completed by mid-2020. The release of funds from the grant is also linked to these milestones. Endorsement of the draft DCP chapter will assist Council in meeting these milestones.
Financial Implications
Work undertaken on the Cumberland DCP, including analysis, document preparation and planned community consultation activities, will be funded from the accelerated Local Environmental Plan Funding Grant provided by the NSW Government.
CONCLUSION
The preparation of a new Cumberland Development Control Plan (DCP) is underway. This report recommends that Council endorse the draft chapter for Part F Precinct and Site Specific Development Controls, for inclusion in the draft Cumberland DCP that is currently being prepared. The contents of the chapter is based on the planning approach previously endorsed by Council, which is a carry over of existing site specific planning controls.
Attachments
1. Draft Development Control Plan Part F -Business Site Specific
2. Draft Development Control Plan Part F - Industrial Site Specific
3. Draft Development Control Plan Part F - Precinct Site Specific
4. Draft Development Control Plan Part F - Residential Site Specific
DOCUMENTS
ASSOCIATED WITH
REPORT C02/20-356
Attachment 1
Draft Development Control Plan Part F -Business Site Specific
Attachment 2
Draft Development Control Plan Part F - Industrial Site Specific
Attachment 3
Draft Development Control Plan Part F - Precinct Site Speific
Attachment 4
Draft Development Control Plan Part F - Residential Site Specific
5 February 2020
Item No: C02/20-357
Nominations for Access and Safety Committee and Adoption of revised Terms of Reference
Responsible Division: Community Development
Officer: Acting Director Community Development
File Number: C-37-01/09
Community Strategic Plan Goal: Transparent and accountable leadership
Summary
At the Ordinary Meeting of Council held on 16 October 2019, Council considered the Notice of Motion - Council Committees (Min.728, Item C10/19-255), and resolved:
“That Council:
1. Combine the Access Committee and Community Safety Committee to form the Access and Safety Committee;
2. Abolish the following Committees:
a. Arts Advisory Committee;
b. Culturally & Linguistically Diverse (CALD) Advisory Committee;
c. Library Committee; and
d. Companion Animals Advisory Committee.
3. Amend the terms of reference for remaining committees with the exception of Civic Risk Mutual, Civic Risk Metro (Which remain as the Mayor or nominee & General Manager) and Wentworthville Community Garden Committee (Which will become 1 Ward Councillor) to have a maximum of 2 Councillors as representatives.”
This report provides an update on the formation of the Cumberland Access and Safety Committee and the arrangements for the current term.
Recommendation That Council: 1. Adopt the Draft Terms of Reference for the Cumberland Access and Safety Committee (included in Attachment 1). 2. Adopt the community representatives listed in the report for membership on the Access and Safety Committee. 3. Advise all applicants in writing of the outcome of their nomination for membership. 4. Receive the information arising from the consultation on the formation of the Access and Safety Committee. |
Report
Background
This report presents a summary of community nominations received for prospective members of the Access and Safety Committee, following an Expression of Interest process.
The Committee is a formal advisory body to Cumberland City Council. Its purpose is to:
· Assist Council to consult and respond to access and safety issues that impact on communities across the Cumberland Local Government Area.
· Provide advice on Council community infrastructure project.
· Provide community representation, advice and input to Council on the implementation and evaluation of Council’s Disability Inclusion Action Plan 2017-2021, including Council’s policies, strategies, services, programs, community events and engagement practices.
· Participate in community inclusion audits of Council services, facilities and events to identify and discuss potential solutions to address access and safety issues.
Consultation Meeting on the Formation of the Access and Safety Committee
A consultation meeting on the formation of the Access and Safety Committee was held at Council on 17 December 2019. Former members of the Cumberland Access Committee and the Cumberland Community Safety and Crime Prevention Committee were invited to attend to provide input. A total of 13 community representatives and three (3) Councillors were in attendance.
Outcomes of the meeting included clarification around how the two committees would come together with a focus on access issues and general safety issues with proposed ‘inclusion audits’ covering access and general safety issues. The Draft Terms of Reference were discussed with attendees agreeing that the purpose and membership, selection criteria of the former committees were the main sections of the terms of reference that would be merged/amended. It was agreed that community representation on the Committee would be capped at between 14 to 16 members. All nominations would be assessed by an assessment panel consisting of staff members from community and place, seniors and disability services as well as an independent staff member.
Membership and Selection Criteria
As per the Draft Terms of Reference, membership of the Access and Safety Committee will consist of up to 16 community members or representatives and two (2) appointed Councillors. In accordance with the resolution of Council made at the meeting held on 20 November 2019 (Min.795), the Mayor, Councillor Christou, and Councillor Zreika are the elected Council representatives.
To be eligible as a community representative, members must live, work, study or have connections to the Cumberland Local Government Area (LGA) and meet at least one of the following criteria:
(i) Be a person with disability or mobility restriction or represent a group of persons who have a disability or mobility restriction.
(ii) Have demonstrated knowledge, skills or expertise in access and safety issues and in improving the physical environment in the Cumberland Local Government Area.
Community membership of the Committee shall be for a period of up to two years and aligned to the term of Council.
Nominations Received for the Access and Safety Committee
A total of 16 community nominations were received for the Committee. All nominations were reviewed against the selection criteria by an internal panel of Council staff. All applications were found to be successful in meeting one or more of the selection criteria. It is recommended that Council approve the nominations of the following 16 community members to the Committee:
· Amit Golwala
· Flavia Del Zio
· Jo Steinwede
· John Brodie
· Kevin Horne
· Lilly Velickovich
· Margaret Chapman
· Mark Kunach
· Pamela Colman
· Peter Simpson
· Richard Silberer
· Ron Gibson
· Sandra McDermott
· Sanjeev Goyal
· Sue Huxtable Jones
· Zhila Hasanloo
Proposed Draft Terms of Reference
After consultation with those in attendance at the consultation meeting and further review by Council staff, it is recommended that Council adopt the Draft Terms of Reference included under Attachment 1 of this report, noting the following:
· The purpose, membership and selection criteria of the former committees were the main sections of the terms of reference that were to be merged/amended.
· The selection criteria reflects the purpose as well as the previous selection criteria’s of both former committees.
· The Access and Safety Committee will continue to meet between 6pm to 8pm at the Committee Rooms at the Merrylands Administration Centre.
· Quorum has been removed.
· It is proposed the Committee will have up to 16 community members.
· Changes to wording to reflect Council name change to Cumberland City Council including logo with new branding.
· Other Councillors are able to attend as non-voting members.
· Draft Minutes will be reported to Council every three (3) months.
· Cumberland City Council will not authorise payment or provide remuneration to Committee members.
· Committee members are covered by Council’s public liability and professional indemnity insurance, so long as they are undertaking their duties in good faith.
Community Engagement
Council held a consultation meeting on the formation of the Access and Safety Committee on 17 December 2019 and has incorporated the recommendations from the consultation into the Draft Terms of Reference. Former members of the Cumberland Access Committee and the Cumberland Community Safety and Crime Prevention Committee were invited to attend to provide input.
Policy Implications
All Council Committees and members are expected to comply with Council’s Code of Conduct and related policies, as well as the Council’s Code of Meeting Practice when conducting meetings. All former and new Committee members upon each new term will be required to undertake compulsory induction training.
Council staff will provide administrative support to the Committee to ensure the appropriate governance requirements and protocols are followed.
Risk Implications
There are low risk implications associated with the operation of this Committee. The Access and Safety Committee provides an advisory function to Council. Committee members are covered by Council’s public liability and professional indemnity insurance, so long as they are undertaking their duties in good faith.
Financial Implications
Council’s Operational Budget provides funding for the administration and operation of the Committee. Members of the Access and Safety Committee are not remunerated for their role on the Committee.
CONCLUSION
It is recommended that Council adopt the proposed Draft Terms of Reference and appoint the nominated community members listed in this report to the Access and Safety Committee.
Attachments
1. Draft Terms of Reference - Cumberland Access and Safety Committee
DOCUMENTS
ASSOCIATED WITH
REPORT C02/20-357
Attachment 1
Draft Terms of Reference - Cumberland Access and Safety Committee
5 February 2020
Item No: C02/20-358
Cumberland Heritage Committee Meeting Held 26 November 2019 and Lower Prospect Canal Heritage Nomination Request
Responsible Division: Environment & Planning
Officer: Director Environment & Planning
File Number: SC481
Community Strategic Plan Goal: A resilient built environment
Summary
This report addresses the meeting of the Cumberland Heritage Committee held on 26 November 2019. As a quorum of Committee members was not achieved for this meeting, no formal meeting was conducted and no minutes are presented.
This report also outlines the external heritage consultant’s advice to Council regarding the Lower Prospect Canal. The advice was sought in response to a request made by a community member that Council support nomination of the Lower Prospect Canal for National Heritage Listing. The advice indicates that the Lower Prospect Canal is unlikely to meet the threshold for national heritage listing. It is recommended that the nomination is not supported and that this advice is provided to the requestor.
Recommendation That Council: 1. Note that a formal meeting of the Cumberland Heritage Committee was not held and so no minutes are provided; 2. Note that the heritage consultant advice indicates that the Lower Prospect Canal is unlikely to meet the criteria threshold for National Heritage listing; and 3. Not proceed with a nomination for National Heritage Listing of the Lower Prospect Canal and that this advice is provided to the requestor. |
Report
Heritage Committee
The final meeting of the Cumberland Heritage Committee (the Committee) for 2019 was held on 26 November 2019 at the Merrylands Service Centre.
The meeting was attended by three (3) community representatives and three (3) Councillors. In accordance with the Terms of Reference for the Committee, as a quorum of Committee members was not achieved, no formal meeting was held and no minutes taken.
An informal discussion of attendees was held, including with the Committee’s invited guest Mr Terry Kass, and an overview of current major planning projects that have heritage aspects, including the Cumberland LEP and DCP, and the status of the heritage study.
As this was the last meeting of this membership term of the Cumberland Heritage Committee, members were thanked for their involvement in the Committee. The establishment of a new term of the Committee and its membership, was considered by Council on 4 December 2019.
Lower Prospect Canal
The Lower Prospect Canal Reserve was listed on the State Heritage List in June 2015 and so is currently protected under the NSW Heritage Act 1977. At that time, Council indicated support for this State listing of the Reserve and offered resources to the nominee (Canal Reserve Action Group) to assist that nomination.
In March 2019, the then Mayor received a request from a community member seeking Council support for the nomination of the Lower Prospect Canal to the National Heritage List. The National Heritage List comprises those places of outstanding heritage significance to the nation and they are protected under the Australian Environmental Protection and Biodiversity Conservation Act 1999.
At present, water supply schemes that are currently on the National Heritage List are the Snowy Mountains Scheme and the Goldfields Water Supply Scheme, which have social, economic, political, and historic elements as well as technical engineering values for their listings.
Following this request, Council sought external advice from a heritage consultant on the potential merit of this proposed nomination, including whether the Lower Prospect Canal may or may not meet the criteria for the National Heritage List.
The consultant’s advice has now been received and, from the assessment undertaken, concludes that it is unlikely that the Lower Prospect Canal (Reserve) would meet the threshold for National Heritage Listing. The assessment leading to that conclusion indicates;
· While the canal is important to the history and development of Sydney and the State, it is not necessarily of national significance.
· Other water supply systems across Australia may be older and/or have more technical merit for national listing than the Lower Prospect Canal.
· The Lower Prospect Canal is a part of a wider water supply system.
Furthermore, the Official Register of Engineering Heritage Site, managed by Engineers Australia industry group, identifies the Prospect Dam Complex including the Lower Prospect Canal as a heritage site, but not as a national heritage type.
Given the advice received, it is recommended that Council not to proceed with a nomination on the National Heritage List of the Lower Prospect Canal. It is further recommended a letter be sent to the requestor to advise of the outcome.
This subject request and the intention to seek external advice on this matter had been noted at a previous meeting of the Cumberland Heritage Committee. The outcome of the request as resolved by Council will also be advised to the Cumberland Heritage Committee. The committee will therefore be informed of the outcome of the request as resolved by Council.
Community Engagement
Nominations for membership of the 2020-2021 term of the Cumberland Heritage Committee were sought through an open public process. A report on this was provided to the Council Meeting of 4 December 2019.
A reply will be sent to the requestor on Council’s decision on a nomination for National Heritage Listing of the Lower Prospect Canal. The Cumberland Heritage Committee will also be advised of this outcome.
Policy Implications
There are no policy implications for Council associated with this report should the recommendation be adopted that the nomination of the Lower Prospect Canal as a national heritage listing could not proceed.
Should Council wish to support the nomination, Council may be requested to provide resources towards that nomination as was done for the State Heritage List.
Risk Implications
There are no risk implications for Council associated with this report.
Financial Implications
Funding for the external specialist heritage advice on the potential nomination for the Lower Prospect Canal was provided through existing budget allocations.
CONCLUSION
The Cumberland Heritage Committee met on 26 November 2019. However as a quorum of Committee members was not achieved, no formal meeting was held and no minutes prepared. Informal discussions including commentary from the guest speaker and planning projects update were held.
Following a community member request to Council to support the nomination of the Lower Prospect Canal to the National Heritage List, external heritage consultant advice was sought and indicated that the threshold for national heritage listing was unlikely to be met. It is recommended that Council not proceed with the nomination of the Lower Prospect Canal for National Heritage Listing.
Attachments
Nil