Agenda of Council Meeting - Wednesday, 16 December 2020

Councillor Contact Details

Granville Ward
Clr Steve Christou (Mayor)	0419 651 187	Steve.Christou@cumberland.nsw.gov.au
Clr Joseph Rahme	0418 995 471	Joseph.Rahme@cumberland.nsw.gov.au
Clr Ola Hamed	0405 070 007	Ola.Hamed@cumberland.nsw.gov.au
Greystanes Ward
Clr Eddy Sarkis (Deputy Mayor)	0418 306 918	Eddy.Sarkis@cumberland.nsw.gov.au
Clr Greg Cummings	0417 612 717	Greg.Cummings@cumberland.nsw.gov.au
Vacant	-	-
Regents Park Ward
Clr Ned Attie	0419 583 254	Ned.Attie@cumberland.nsw.gov.au
Clr George Campbell	0409 233 315	George.Campbell@cumberland.nsw.gov.au
Clr Kun Huang	0418 911 774	Kun.Huang@cumberland.nsw.gov.au
South Granville Ward
Clr Paul Garrard	0414 504 504	Paul.Garrard@cumberland.nsw.gov.au
Clr Tom Zreika	0400 805 303	Tom.Zreika@cumberland.nsw.gov.au
Clr Glenn Elmore	0418 459 527	Glenn.Elmore@cumberland.nsw.gov.au
Wentworthville Ward
Clr Michael Zaiter	0418 432 797	Michael.Zaiter@cumberland.nsw.gov.au
Clr Suman Saha	0419 546 950	Suman.Saha@cumberland.nsw.gov.au
Clr Lisa Lake	0418 669 681	Lisa.Lake@cumberland.nsw.gov.au

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

Council Meeting

16 December 2020

ORDER OF BUSINESS

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

C12/20-647 Minutes of the Ordinary Meeting of Council - 02 December 2020... 5

C12/20-648 Minutes of the Extraordinary Meeting of Council - 09 December 2020 21

6 Mayoral Minutes

Nil

7 Public Forum / Presentation of Petitions

8 Items Resolved by Exception

9 Reports to Council

General Manager

C12/20-649 Legal Report......................................................................................... 27

Director Community and Organisation Development

Nil

Director Finance & Governance

C12/20-650 Adoption of Goods on Display Policy - Post Exhibition................. 29

C12/20-651 Investment Report - November 2020................................................ 57

Director Environment & Planning

C12/20-652 Cumberland Planning Agreements Policy and Guidelines - Post Exhibition Report 81

C12/20-653 Response to Notice of Motion - Wentworthville Carpark(s)........ 155

C12/20-654 Your High Street Program - Grant Funding Application.............. 161

Director Works & Infrastructure

C12/20-655 Wyatt Park Opportunities.................................................................. 189

C12/20-656 Response to Notices of Motion - Lower Prospect Signage & Animal Defecation 199

C12/20-657 Approval of Heavy Vehicle Access for Multiquip Transport Pty Ltd. 203

C12/20-658 Draft Community Spaces Plan Of Management........................... 207

10 Reports of Council Committees

C12/20-659 Cumberland Traffic Committee - Minutes of the Electronic Meetings held in November 2020.................................................................................. 253

11 Motions Pursuant to Notice

C12/20-660 Notice of Motion Granville Park Stadium Naming........................ 699

12 Notices of Rescission

RES12/20-7 Notice of Rescission - Project Poly................................................. 701

RES12/20-8 Notice of Rescission - Mayoral Minute – Cumberland City Council Withdrawing from Western Sydney Region of Councils (WSROC)........................ 703

13 Questions on Notice

Nil

14 Closed Session Reports

C12/20-661 Tender Evaluation Report - Everley North Park (Extension and Repair to Existing Amenities Block)

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

C12/20-662 Re-Appointment of the General Manager

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 Other / General Matters

16 Close

Council Meeting

16 December 2020

Item No: C12/20-649

Legal Report

Responsible Division: General Manager

Officer: General Counsel

File Number: 2041456

Community Strategic Plan Goal: Transparent and accountable leadership

Summary

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

Recommendation

That the report be received.

Report

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

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

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

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

The report is current to 1 December 2020. It does not capture changes that have occurred between that date and the date the report is considered by Council.

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

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

This is an information report with the legal register of current cases provided as a confidential attachment.

Attachments

1. Legal register (confidential)

Council Meeting

16 December 2020

Item No: C12/20-650

Adoption of Goods on Display Policy - Post Exhibition

Responsible Division: Finance & Governance

Officer: Executive Manager Corporate Services

File Number: 8557085

Community Strategic Plan Goal: Transparent and accountable leadership

Summary

This report recommends the adoption of the Draft Goods on Display Policy and Guidelines following a period of public exhibition.

Recommendation

That Council:

1. Adopt the Goods on Display Policy and Goods on Display Guidelines as outlined in Attachment 1 and Attachment 2 of this report.

2. Rescind the Goods on Footpath Policies of the former Holroyd, Auburn and Parramatta Councils.

Report

At the 2 September 2020 Ordinary Council meeting, Council resolved to place the Draft Goods on Display Policy on public exhibition for community feedback (Min. 826). The Draft Goods on Display Guidelines were also exhibited during this time in conjunction with the Policy.

Due to an administrative oversight, Council initially exhibited the Draft Policy and Guidelines as per the original Council report in the 2 September 2020 Council Business Paper.

Following this initial 28 day exhibition period, the documents were corrected in accordance with Council’s resolution and were re-exhibited for a period of 28 days to reflect compliance and good practice. On both occasions, all local businesses were written to and were invited to make a submission on the Policy and Guidelines, given the potential impact on local businesses.

Subsequently, Council received five (5) submissions during the overall exhibition period. A summary of all submissions received, and Council’s response is outlined in the following table and in Attachment 3 to this report.

Comments / Suggestions	Council response	Changes to document
5 page detailed submission	Indicated against each point raised in Attachment 3	Minor amendments as outlined in the Attachment.
Council is encouraged to increase enforcement of no hawking or unauthorised street vendors. No goods should be on display outside of shops/on the footpath during COVID-19 as it reduces space on the footpath necessary for social distancing.	Noted. Covid restrictions are less relevant for goods on display as this is an outdoor initiative, and restrictions are easing currently.	Nil.
Comment regarding Council’s consideration of footpath accessibility to allow for mobility scooters to safely travel past a shopfront with goods on display.	Noted. This has already been considered within the Policy in terms of minimum distancing requirements for access and pedestrian flow.	Nil.
Two general comments supportive of the policy and guidelines.	Noted.	Nil.

In accordance with the above, Council has now addressed all public feedback and recommends the Goods on Display Policy be adopted by Council as outlined in Attachment 1 of this report.

Community Engagement

Council publicly exhibited the Goods on Display Policy along with the Goods on Display Guidelines, for a period of 28 days from 9 September 2020 to 8 October 2020 both on Council’s website and in local newspaper publications.

Council had 97 visits to the ‘Have Your Say’ community engagement website during the public exhibition period, with 32 people downloading the Goods on Display Policy and 23 people downloading the Goods on Display Guidelines provided.

Submissions were received from five (5) 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

The Goods on Display Policy will result in the rescinding of the former 3 Policies of the former Holroyd, Parramatta, and Auburn City Councils.

Risk Implications

There are risks associated with Council having 3 concurrent policies for Goods on Display which are currently under review. The risks include confusion around enforcement efforts, reputational risk around consistency and equity in Policy application, and a lack of general oversight over the program. For these reasons, a consolidated the draft policy has been prepared to alleviate these risks and is recommended to Council for adoption.

Financial Implications

There are no direct financial implications for Council associated with this report. There are financial implications associated with Council having a robust framework to effectively manage Goods on Display. This includes revenue generation associated with new applications and ongoing licence agreement fees, in accordance with the adopted Fees and Charges document.

CONCLUSION

Council has publicly exhibited the Goods and Display Policy and associated guidelines, and formally responded to all who made a submission. The Policy is now recommended for adoption.

Attachments

1. Goods on Display Policy

2. Goods on Display Guidelines

3. Goods on Display - Detailed Resident Submission

Council Meeting

16 December 2020

Item No: C12/20-651

Investment Report - November 2020

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 30 November 2020.

Recommendation

That Council receive the 30 November 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 30 November 2020 and an update of the investment environment.

Council Investments as at 30 November 2020

Council’s investment portfolio has a current market value of $155,459,457. This represents a premium of $1,584,197 above the face value of the portfolio being $153,875,260 and generates a 3.2% 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 30 November outperformed the current month benchmark and exceeded the Year to date benchmark.

Performance – Current Month 30 November 2020

For the month of November, Council‘s portfolio generated interest earnings of $366,043. This is $230,209 higher than the budget of $135,834 and outperformed the AusBond Bank Bill Index by 0.28%, as detailed below:-

Performance – Year-to-date 30 November 2020

For the year-to- date, Council‘s portfolio generated interest earnings of $1,139,723. This is $259,743 higher than the budget of $879,980 and outperformed the AusBond Bank Bill Index by 0.70%, 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 November 2020

2. Investment Portfolio Commentary November 2020

Council Meeting

16 December 2020

Item No: C12/20-652

Cumberland Planning Agreements Policy and Guidelines - Post Exhibition Report

Responsible Division: Environment & Planning

Officer: Director Environment & Planning

File Number: S-57-59

Community Strategic Plan Goal: A resilient built environment

Summary

This report addresses the submissions received during the public exhibition of the Cumberland Planning Agreements Policy and the supporting Cumberland Planning Agreements Guidelines.

Following a review of submission, no changes are proposed to the draft Cumberland Planning Agreements Policy, while minor refinements have been undertaken to the draft Cumberland Planning Agreements Guidelines. This report recommends that Council adopt the Cumberland Planning Agreements Policy and note the refinements to the Cumberland Planning Agreements Guidelines.

Recommendation

That Council:

1. Adopt the Cumberland Planning Agreements Policy.

2. Note the refinements to the Cumberland Planning Agreements Guidelines.

Report

The Cumberland Planning Agreements Policy (Policy), adopted by Council in September 2017, and the supporting Cumberland Planning Agreements Guidelines (Guidelines) have been reviewed.

The review recommended refinements to the Policy and Guidelines to facilitate best practice, align with policy and legislative changes, and respond to feedback from the community and stakeholders. These recommendations were reported to the 28 October 2020 Council meeting (Item No EC10/20-591), and endorsement provided for the draft Policy and Guidelines to be placed on public exhibition.

Two submissions were received during the exhibition period: one from the Property Council of Australia and one from a resident. The key issues in the submissions, together with Council officers’ responses are summarised in Attachment 3.

No changes were made to the Policy as a result of issues raised in submissions, and some minor refinements have been included in the Guidelines.

It is recommended that Council adopt the Cumberland Planning Agreements Policy and note the refinements to the Cumberland Planning Agreements Guidelines. Should the Policy be adopted, the supporting Guidelines identified in this report will be submitted for approval by the General Manager.

Community Engagement

As per Council’s resolution at its meeting on 28 October 2020, the Policy and Guidelines were placed on public exhibition from 2 November 2020 to 30 November 2020, for a period of 28 days.

Information on the public consultation, along with related documents, was made available on Council’s website on its Have Your Say page, and at Council’s Auburn and Merrylands Services Centres.

Policy Implications

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

Risk Implications

The proposed improvements to the Policy and Guidelines will ensure their compliance with required policy and legislative updates, and better mitigate risks to Council. It will also continue transparency of how planning agreements can be negotiated, publicly notified, finalised and implemented.

Financial Implications

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

CONCLUSION

This report addresses the submissions received during the public exhibition of the Cumberland Planning Agreements Policy and the supporting Cumberland Planning Agreements Guidelines. It is recommended that that Council adopt the Cumberland Planning Agreements Policy as exhibited and note the refinements to the Cumberland Planning Agreements Guidelines.

Attachments

1. Cumberland Planning Agreements Policy

2. Cumberland Planning Agreements Guidelines

3. Summary of Submissions

Council Meeting

16 December 2020

PDF Creator

Council Meeting

16 December 2020

Item No: C12/20-653

Response to Notice of Motion - Wentworthville Carpark(s)

Responsible Division: Environment & Planning

Officer: Director Environment & Planning

File Number: SC483

Community Strategic Plan Goal: A resilient built environment

Summary

This report provides a response to the Notice of Motion – Wentworthville Carpark(s) resolved at the Ordinary Meeting of Council on 18 December 2019. (Min.876).

Recommendation

That Council receive the report.

Report

Background

On 18 December 2019, Council resolved “that Council Officers consider and provide a report for a centralised major off-street public carpark(s) in the Wentworthville Town Centre to accommodate all-day commuter parking and timed retail/commercial parking”. The purpose of this report is to respond to the Notice of Motion.

Current Situation

There are a number of public car parks in the Wentworthville Town Centre, as shown in Figure 1, that provide a total of 309 spaces for use by the community. These include:

· P1- Wentworthville Commuter Carpark (239 spaces)

· P2- Dunmore Street Carpark (35 spaces)

· P3- Lane Street Carpark (35 spaces)

It is noted that Wentworthville Mall closed in late September 2020, and that the public car parking spaces at this location are temporarily unavailable.

Figure 1: Current public car parking in the Wentworthville town centre

Planning for the Wentworthville Town Centre

As part of planning work for the revitalisation of the Wentworthville Town Centre, a traffic and transport study was undertaken by Council. The study included analysis on current parking utilisation and future considerations for public car parking in the Wentworthville Town Centre. Key findings of the study included:

· Parking occupancy surveys identified that off-street occupancies reached about 50% of the total off street capacity for stays of three hours or less.

· The longer stay off-street parking was found to be at 74% capacity, although this occupancy was dominated by station commuter parking.

· The former Wentworthville Mall and the supermarket car parks had significant spare capacity.

· Future public car parking could be accommodated through the provision of two large “common” off-street car parking areas and timed on-street parking within the Wentworthville Town Centre.

Extensive community engagement was undertaken to support this strategic planning work for the Wentworthville Town Centre, with submissions received from the community regarding their concerns on a lack of parking supply within the town centre.

As part of the planning proposal, the following information was included on car parking:

The Traffic and Transport Study revealed the current parking rate for commercial/retail uses in Wentworthville Centre is high compared to comparative centres and RMS standards and current rates do not reflect the changing role of the Centre with greater walk up trade or the shift in retail use parking patterns for centres. This shift is resulting in a greater percentage of multipurpose trips undertaken and a greater likelihood of customers to park centrally to access multiple shops and services.

The study recommends that current commercial/retail parking rates be amended from 1/20m² – 1/15m² for ground floor commercial and 1/40m² - 1/20m² for above ground commercial to 1/50m² across the Centre. This rate provides a balance between ensuring an appropriate level of parking across the Centre, economic feasibility, the potential for reduced retail space if parking rates are too high and efficiencies of central parking for multiple trips within the Centre.

The Development Control Plan for the Wentworthville Town Centre, which was adopted by Council in December 2019, includes the commercial parking rate of 1/50m² across the centre as recommended in the study.

Future considerations for public car parking in the Wentworthville town centre

Off-street parking

The Traffic and Transport Study identified an off-street parking strategy at the Wentworthville Mall site and the north of Dunmore Street site, as shown in Figure 2. This would provide two large “common” parking areas that could be a mix of short term retail / visitor parking, long term employee parking and resident parking. The proposed parking area north of Dunmore Street would need to incorporate commuter parking and may be more effective to separate into two parking areas, as is currently the case.

In relation to the Wentworthville Mall site, a Development Application has been lodged for the redevelopment of the site, including the provision of a supermarket, retail and commercial uses. The application identifies that 236 car parking spaces will be provided for the supermarket and commercial/retail premises spaces, which includes nine car share spaces and nine car parking spaces for people with mobility impairment / disabilities. This is an increase in the number of public car spaces when compared to the car parking provision of the now closed Wentworthville Mall development.

In relation to the north of Dunmore Street site, the NSW Government has committed to additional commuter car parking spaces in the Wentworthville Town Centre. Work is being progressed on these additional car parking spaces; however, confirmation has yet to be provided on the precise location. Further opportunities for additional car parking spaces at this location can be considered as part of future Development Applications at this site.

The provision of site-specific off-street parking in other location will be assessed when Development Applications are lodged in the future at these locations.

Figure 2: Off-street parking strategy for Wentworthville Town Centre

On-street parking

The Traffic and Transport Study also identified the continued provision of on-street car parking at key streets within the Wentworthville Town Centre, aligned with strategic planning work for this location. Council will continue to monitor on-street parking within the Wentworthville Town Centre. Should further refinements to on-street parking be required, this would be undertaken through the usual processes.

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

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

This report responds to the Notice of Motion passed by Council at its 18 December 2019 meeting, which sought a report on car parking in Wentworthville Town Centre. It includes information on the current parking situation and the status of future consideration on public car parking for the Wentworthville town centre.

Attachments

Nil

Council Meeting

16 December 2020

Item No: C12/20-654

Your High Street Program - Grant Funding Application

Responsible Division: Environment & Planning

Officer: Director Environment & Planning

File Number: CS-215

Community Strategic Plan Goal: A great place to live

Summary

In November 2020, the NSW Government announced the Your High Street Program aimed at supporting local Councils to improve the amenity and functionality of a main street in their area. Specifically, the program provides one-off grant funding of up to $1 million for projects including (but not limited to) space for dining outdoors, wider footpaths, tree planting, traffic calming, lighting, public art or anything else that might invigorate high streets and boost local economies. Council applications are open until 29 January 2021.

This report outlines the requirements of the Your High Street Program and criteria for assessment. It is recommended that Council apply for funding under the Your High Street program to deliver targeted public domain works at South Street, Granville.

Recommendation

That Council prepare and submit an application for funding of up to $1 million under the NSW Government’s Your High Street program, to deliver targeted public domain works that will enhance the amenity and functionality of South Street, Granville.

Report

The NSW Government’s Your High Street Program aims to enhance the amenity and functionality of high streets throughout NSW to support local business recovery, boost economic stimulus in response to the pandemic, improve the comfort and experience for the community, and enable permanent improvement projects. The Program supports delivery of the Premier’s Priority to increase the proportion of homes in urban areas within 10 minutes’ walk of quality green, open and public space. Grants of up to $1 million are available for councils to deliver improvements for a high street by May 2022.

Under Your High Street, funding for high streets is available to:

• Improve/increase number of uses over day and night

• Improve safety and comfort for people

• Improve local accessibility and connections

• Increase footfall and capacity for trade for businesses

Applications must demonstrate how the project meets the program objectives, aligns with government strategy or commitment, is supported by the local community and businesses; and is technically and financially viable. Applications will be assessed on merit, deliverability, and value for money.

A copy of the Your High Street Guideline is provided at Attachment 1.

Council officers have reviewed the application criteria and identified South Street, Granville, as a suitable location to submit an application for targeted public domain works that will enhance the amenity and functionality of this high street. The proposed application is consistent with Council’s resolution for a main street program for South Street in Granville, aligns with the strategic directions in Cumberland 2030: Our Local Strategic Planning Statement, and has the potential for ongoing stimulation of the local economy as a result of the proposed public domain improvements.

It is recommended that Council endorse the preparation and submission of an application for funding of up to $1 million under the NSW Government’s Your High Street Program, to deliver targeted public domain works that will enhance the amenity and functionality of South Street, Granville.

Community Engagement

Subject to Council’s endorsement, targeted engagement will be undertaken to prepare the grant application, in accordance with the program guidelines.

Policy Implications

The outcomes of Your High Street program support the delivery of strategic directions identified in the Cumberland City Community Strategic Plan and Cumberland 2030: Our Local Strategic Planning Statement.

Risk Implications

As an application is required to be submitted by 29 January 2021, a decision is required by Council at this meeting to provide sufficient time to prepare an application.

Should Council choose to submit an application and be successful, the grant program requires the preparation of a project plan, project budget breakdown and a risk assessment to be included in the submission. It also requires Council to have a minimum Public Liability Insurance cover of $20 million to apply for funding.

Financial Implications

If successful, the NSW Government will allocate up to $1 million for Council to deliver the project within a year of funding approval. The project is expected to cost up to $1 million and would be fully funded through the grant.

CONCLUSION

This report outlines the application criteria for the NSW Government’s Your High Street grant Program. It is recommended that Council prepare a submission for South Street, Granville with a focus on targeted public domain works to enhance the amenity and functionality for the local community and businesses in the area.

Attachments

1. Your High Street Guideline

Council Meeting

16 December 2020

Item No: C12/20-655

Wyatt Park Opportunities

Responsible Division: Works & Infrastructure

Officer: Director Works & Infrastructure

File Number: 8532908

Community Strategic Plan Goal: A great place to live

Summary

This report provides Council with an opportunity, subject to Ministerial approval of the Plan of Management to deliver key management actions identified in the Draft Wyatt Park Plan of Management (PoM) for the future use of Wyatt Park, Lidcombe.

Recommendation

That Council:

1. Subject to receiving Ministerial approval on the Draft Plan of Management:

a) Undertake an Expression of Interest (EOI) process for the lease of Lidcombe Oval up to 21 year term; and

b) Undertake an Expression of Interest (EOI) process for the lease of land on the corner of Olympic Drive and Church Street for a Regional Skate Park facility up to 21 year term.

2. Receive a report outlining the results of the EOI processes undertaken.

Report

Background

Wyatt Park is a 23 hectare regional park, within Cumberland City Council with a number of significant recreation facilities, catering largely for organised sporting activities and large scale community events. The park is bound by Olympic Drive, Church Street and Percy Street and within walking distance to both Auburn and Lidcombe Railway Stations.

The draft Wyatt Park PoM provides the community, sporting groups and Cumberland City Council with a clear direction and framework for the future use and management of the Park.

This PoM was prepared based on a detailed analysis of relevant planning and policy directions, the Community Strategic Plan and Open Space and Recreation Strategy, a comprehensive assessment of existing site conditions and usage patterns, extensive consultation with internal Council staff, key stakeholders and the general community.

The intensity of use varies across the range of facilities and spaces in the park, however the majority of the park currently operates below capacity. There are a number of factors contributing to the under-use including optimisation of the open space functionality and condition of the facilities.

The condition of facilities in the park is highly variable with some high quality facilities such as the Auburn Ruth Everuss Aquatic Centre (reopened in 2017) and the Lidcombe Oval compared to a number of facilities of poor appearance or deteriorating condition including a defunct skate bowl.

The PoM also provides advice on leasing and licencing opportunities to increase the utilisation and assist with maintenance and capital improvements. Any agreement must clearly state responsibilities for maintenance and capital upgrades, set any specific extent of use and usage times to avoid conflict with other sporting and community users.

In August Council endorsed that the Draft PoM be referred to the Minister of Planning and Public Spaces for approval prior to placing on public exhibition and returning to Council for final endorsement. Following discussions with the NSW Crown Lands, it is expected that the draft PoM will be endorsed by mid-January 2021 and then be placed on public exhibition.

Lidcombe Oval Leasing Opportunity

Lidcombe Oval as shown in Figure 1 below is located in the Wyatt Park sporting complex and is one of Sydney’s suburban sportsgrounds. Opened in 1933, the oval has been used for various sports over the years, most noticeably, rugby league and cycling. Between 1967 and 1989, the Oval was the home of the Western Suburbs Magpies. The oval has most recently been used in the winter season by the Auburn Warriors Junior Rugby League Football Club and the Western Sydney Two Blues, and in summer, the Lidcombe Auburn Cycle Club and Neo Cycling use the velodrome that runs around the perimeter of the oval for cycle training and racing.

Figure 1. Lidcombe Oval and Velodrome

Lidcombe oval is the heart of Wyatt Park with features including, grandstand with seating for 400 people, ground seating for over 2,000 people, electronic scoreboard, floodlights for night games and training, cycle track, public address system, toilets, change rooms, parking and fenced off-leash dog area next to Haslam’s Creek.

The PoM identifies that significant changes in the current park management are required to position Lidcombe Oval as a Regional facility. There are more than $2.5 Million of capital works improvements identified including improving the entrance, turnstiles, scoreboard and upgrade the amenities. The current seasonal bookings arrangement has constrained the viability for regional clubs to enter major tournaments. The velodrome and oval cannot be used at the same time due to safety issues with balls and bicycles. This functionality is impacting both facilities’ preferred training schedules for weeknights between 6pm to 8pm.

It is recommended that Council undertake an Expression of Interest process to identify a future long term lease arrangement that can assist Council on delivering the management actions in the Draft Wyatt Park PoM.

Regional Skate Park Proposed Leasing Opportunity

Wyatt Park currently has a disused poor condition skate bowl as shown in Figure 2 below.

Figure 2. Existing Skate bowl

Cumberland City Council’s Open Space and Recreation Strategy identifies that skate and youth precincts can provide for both active recreation and space such as skate parks, BMX tracks, and youth plazas. It is best practice to design spaces for safety and co-locate indoor sports centres and youth centres. This will include better amenities, seating, shelter, lighting, shade and bins and locate facilities close to public transport, shops and schools. Cumberland has two existing skate areas including Granville Park, Merrylands and a 'snake run' at Wyatt Park, Lidcombe.

Industry benchmarks indicate that one regional level youth recreation space should be provided per 50,000 people as a minimum (Growth Centres Commission and City of Parramatta). The NSW Office of Sport has also found that the provision of skate-parks across Greater Sydney is 1 per 56,407 people. Cumberland is under-supplied for youth recreation spaces with benchmarking indicating at least four additional regional facilities needed by 2026.

The PoM proposes to extend the recreation offering in Wyatt Park to provide for greater use by the general community and fill the existing gap in the provision of youth sporting facilities. An indoor and outdoor combined skate and scooter park co-located with the proposed destination playground near Olympic Drive where it would be easily accessible and visible is identified as a key action in the masterplan. The facility would cater to a range of ages from primary to adolescents through to young adults to provide a whole-of-family destination in Wyatt Park.

It is recommended that Council undertake an Expression of Interest process to identify a future long term lease arrangement that can assist Council on delivering this action in the Draft Wyatt Park PoM.

Expression of Interest Process

The process for tendering and leasing of community and crown lands is pursuant to S.46A of the Local Government Act 1993, where it states:

46A Means of granting leases, licences and other estates

(1) A plan of management is to specify, in relation to the community land to which it applies, any purposes for which a lease, licence or other estate may be granted only by tender in accordance with Division 1 of Part 3.

(2) Nothing in this section precludes a council from applying a tender process in respect of the grant of any particular lease, licence or estate.

(3) A lease or licence for a term exceeding 5 years may be granted only by tender in accordance with Division 1 of Part 3, unless it is granted to a non-profit organisation.

Leasing of Community or Crown land is permitted upto 30 years with Minister approval and 21 years without Minister approval. It is proposed that any lease term is negotiated upto 21 years.

Community Engagement

Subject to ministerial approval of the Plan of Management, a public notification process will be undertaken in accordance with Section 47 of the Local Government Act 1993.

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

The EOI process can be funded from Council’s existing operational budget. The capital works described in this report are not currently in the forward capital program within the next four years.

CONCLUSION

The open space community and crown land at Wyatt Park offers the opportunity for a significant regional recreation facility for Cumberland City Council. The leasing opportunities outlined in this report provide a process for Council to successfully achieve major actions identified in the PoM in the short term. It is recommended that Council undertake EOI process for both Lidcombe Oval and a new Regional skate facility concurrently subject to Council receiving Ministerial approval of the Plan of Management.

Attachments

1. Wyatt Park Masterplan

Council Meeting

16 December 2020

Item No: C12/20-656

Response to Notices of Motion - Lower Prospect Signage & Animal Defecation

Responsible Division: Works & Infrastructure

Officer: Director Works & Infrastructure

File Number: 8555291

Community Strategic Plan Goal: A clean and green community

Summary

This report provides a response to the Notice of Motion – Signage and Animal Defecation resolved at the Ordinary Meeting of Council on 1 July 2020 (Item Numbers C07/20-489 and C07/20-490).

Recommendation

That Council receive and note this report.

REPORT

At the Ordinary meeting of 1 July 2020, Council considered Notice of Motions regarding signage and animal defecation (Min.750 and Min.751) and resolved:

“That Council receive a report on the cost of updating all the signs on the Lower Prospect Canal cycle track to reflect Cumberland City Council.”

“That Council receive a report on implementing and installing signs in the Cumberland LGA around recognised walking, biking and other routes regularly used by constituents as a means of exercise to remind pet owners of their responsibilities with respect to cleaning up animal defecation, as there has been a marked increase of this recently.”

Updating Lower Prospect Canal Cycle Track Signage

Staff have audited the signs in the Lower Prospect Canal cycle track to understand the requirements for updating all the signs. The audit has identified that standard sized logos can be placed over the existing signs allowing for the update to be complete before the end of March 2021. There are also thirteen interpretive signs along the cycleway that are old and difficult to read, see Figure 1 below. It is proposed that these interpretive signs be replaced incorporating the Cumberland City Council logo.

Figure 1. Example of Interpretative Signage

Open Space General Signage Update

Council staff are at present conducting an audit of all open space within the LGA to identify signage which requires updating. In this regard, it is planned to update all open space signage with the Cumberland City Council logo in the second quarter next year.

A standard sign informing dog owners of their responsibilities, see below Figure 2, is now installed around the Pemulwuy lake walking track, Duck River walking track, Illoura Reserve walking track and at numerous locations along the walkway and cycleway on the Lower Prospect canal.

Figure 2. Standard requirements for dog owners sign

A standard ordinance sign, see below Figure 3 now includes all the updated information for Cumberland City Council and is being updated across all parks and reserves.

Figure 3. Standard ordinance parks and reserves sign

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

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

Financial Implications

The signage update is estimated to cost $2,000 for the open space Council logo and $8,200 for the Lower Prospect Canal interpretative signage. The responsible dog owner and standard ordinance sign update is estimated at no more than $1,000. These updates can be undertaken utilising existing operational budgets.

CONCLUSION

Council Officers have commenced an open space signage audit to update the Cumberland City Council logo on existing signs in the open space across the LGA. The Lower Prospect Canal and other general open space area signs will be updated in the second quarter next year. The responsible dog owner signs are now installed along walking and cycling paths. The standard ordinance signs will be updated in all parks and reserves.

Attachments

Nil

Council Meeting

16 December 2020

Item No: C12/20-657

Approval of Heavy Vehicle Access for Multiquip Transport Pty Ltd

Responsible Division: Works & Infrastructure

Officer: Director Works & Infrastructure

File Number: T-28-22

Community Strategic Plan Goal: A safe accessible community

Summary

The report seeks approval from Council to undertake a 12 month trial of heavy vehicle access under Quad Mass Limits on selected Council roads.

Recommendation

That Council:

1. Approve a trial period of twelve (12) months for heavy vehicles under Higher Mass Limits (including Quad Axle vehicles) to access Council roads, subject to community consultation being undertaken, the completion of a surface dilapidation and condition report submitted by the applicant to Council and the payment of a performance bond as determined by Council’s fees and charges.

2. Note that permissible access to Council’s roads would be restricted to the following road sections:

a) Toongabbie Road, Girraween, from Great Western Highway to Magowar Road

b) Amax Avenue, Girraween, from Toongabbie Road up to the ‘Steggles’ shop

c) Magowar Road, Girraween, from Toongabbie Road up to ‘Cordina’ Farm

Report

Council is in receipt of a request from Multiquip Transport Pty Ltd through the National Heavy Vehicle Regulator, for the approval of Quad Axle vehicles at “Quad-axle Mass Limits (QML)” to access road sections in the LGA.

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

The routes requested by Multiquip Transport Pty Ltd are listed below:

1. Toongabbie Road, Girraween – From Great Western Highway to Magowar Road

2. Amax Avenue, Girraween – From Toongabbie Road up to the ‘Steggles’ shop (approximately 280m east of Toongabbie road)

3. Magowar Road, Girraween – From Toongabbie Road up to ‘Cordina’ Farm (approximately 560m east of Toongabbie road)

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

Information on Quad Axle Semitrailers

Mass Limits for Semi-Trailers:

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

A Quad Axle vehicle designed under the “Performance-Based Standards (PBS)” have 7 axles and can carry up to 43.0t under GML and 50.5 t under HML.

The Quad Axle semi-trailer configurations requested for approval are shown below:

Live bird transport for Cordina Farm in Magowar Road

Fridge Van for Steggles shop on Amax Avenue

Assessment Requirements

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

In this regard, Council has assessed this application consistently with others and it is proposed that a 12 month trial be conducted subject to a surface dilapidation report, broad community consultation and the payment of a suitable performance bond which can be called upon by Council at the end of the 12 month trial should Council consider the damage to the road surface to be beyond normal degradation.

Community Engagement

It is proposed that prior to the commencement of the 12 month trial, broad community consultation be undertaken which will be determined by Council and paid for by the applicant in accordance with Council’s approved fees and charges.

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

It is proposed that there be no net cost to Council should the application be approved. In this regard and to ensure no net cost to Council, it is recommended that the applicant provide a performance bond which can be called upon to mitigate any instances of pavement and surface degradation, provide Council with a surface condition and dilapidation report and cover the cost of the community consultation. All payments provided by the applicant for services provided by Council will be determined by Council in accordance with Council’s fees and charges.

CONCLUSION

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

Attachments

Nil

Council Meeting

16 December 2020

Item No: C12/20-658

Draft Community Spaces Plan Of Management

Responsible Division: Works & Infrastructure

Officer: Director Works & Infrastructure

File Number: 8531908

Community Strategic Plan Goal: A great place to live

Summary

Council has prepared a Draft Community Spaces Plan of Management in accordance with the legislative requirements of the Local Government Act 1993. This report summarises the preparation process, objectives and action plan for the draft Plan of Management and recommends the Plan be submitted for Ministerial approval prior to being placed on public exhibition.

Recommendation

That Council:

1. Refer the Draft Community Spaces Plan of Management to the NSW Department of Planning, Industry and Environment for Ministerial consent; and

2. Upon receipt of Ministerial approval, place the Draft Community Spaces Plan of Management on exhibition for a period of 42 days, inviting submissions throughout that time in accordance with Section 38 of the Local Government Act 1993.

3. Provide a further report to Council detailing the outcome of the public exhibition period.

Report

Cumberland City Council has prepared a Draft Plan of Management for Community Spaces across the Local Government Area, in accordance with the legislative requirements of the Local Government Act 1993 (the Act).

As required by the Local Government Act 1993, a draft Plan of Management must be placed on public exhibition for a period of no less than twenty-eight (28) days, with the public provided a period of no less than forty-two (42) days for submissions to be made. Council is also required to hold a public hearing with regard to the draft Plan of Management, as altering of the categorisation of community land has occurred under Section 36(4).

The Local Government Act 1993 requires the preparation of Plans of Management for all areas of Council community land, to guide the future management and development of these areas. Community land is defined by the Act to include a natural area (including subcategories), a sportsground, a park, an area of cultural significance and general community use. This land may be developed on a generic, site specific or geographical basis.

The Crown Lands Management Act 2016 (CLMA), together with the Crown Land Legislation Amendment Act 2017, implements reforms identified through the comprehensive review of Crown land management. The CLMA allows Councils to manage Crown land under the provisions of the Local Government Act 1993 in respect to public land. Crown reserves managed by Councils will generally be classified as community land and categorised under the Local Government Act 1993 with endorsement from the Minister for Planning, Industry and Environment.

The Community Spaces Plan of Management includes lands identified for the following use:

• Community hubs

• Community centres, halls, spaces (staffed & unstaffed)

• Libraries

• Arts & cultural facilities

• Early childhood education & care facilities

• Leased or licenced facilities

• Swimming centres

• Community gardens

The purpose of this Plan of Management is to guide future use and sustainable management of all Community Spaces and meet legislative requirements. In addition to addressing the requirements of the Local Government Act 1993, Council’s specific objectives for Community Spaces include economic and operational, cultural and community, safety and accessibility, recreational value, and environment and sustainability.

In accordance with Section 36 of the Local Government Act 1993, community land within Crown Reserves managed as community land, within this Community Spaces POM has been identified and categorised to general community use.

Community Engagement

Preparation for the draft Plan of Management commenced in 2020 and has included research and analysis of the local community in addition to consideration of Council’s strategic directions. Consultation throughout the development of the plan involved internal workshops and key stakeholder surveys to identify needs and opportunities for the Community Spaces.

To provide further community consultation and to fulfil the requirements of the Local Government Act 1993, the draft Plan of Management if endorsed, will be placed on public exhibition for a period of 42 days to receive public submissions.

Details of this public exhibition period and a public hearing will be notified to the local community and stakeholders via Council’s ‘Have Your Say’ page, email and newspaper advertisements.

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

Funding for improvement works and actions outlined within the report, will be considered during the development of Council’s future Capital Works Program.

CONCLUSION

The draft Plan of Management has been prepared as a legislative instrument to guide the ongoing management and development of Community Spaces in compliance with the requirements of the Local Government Act 1993 and Crown Lands Act 2016.

This report recommends that the draft Community Spaces Plan of Management be submitted to the NSW Department of Planning, Industry and Environment for the required Ministerial consent and then placed on public exhibition for further community consultation.

Attachments

1. Draft Community Spaces Plan of Management

Council Meeting

16 December 2020

Item No: C12/20-659

Cumberland Traffic Committee - Minutes of the Electronic Meetings held in November 2020

Responsible Division: Works & Infrastructure

Officer: Director Works & Infrastructure

File Number: T-28-02/08

Community Strategic Plan Goal: A safe accessible community

Summary

This report presents the minutes of the Cumberland Traffic Committee Electronic Meetings held on 4 November and 18 November 2020.

Recommendation

That:

1. The minutes of Part 1 Items of the Cumberland Traffic Committee Electronic Meetings of 4 and 18 November 2020, be received and noted; and

2. The minutes of Part 2 Items of the Cumberland Traffic Committee Electronic Meetings of 4 and 18 November 2020, be received and recommendations contained therein be approved.

Report

Due to COVID-19 restrictions, two (2) electronic meetings of the Cumberland Traffic Committee were conducted in November 2020. The agendas of the electronic meetings were sent to all members, requesting feedback and concurrences to be returned to Council.

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

The minutes of the electronic meetings are presented for Council’s approval of Part 2 items.

The following table provides Part 1 and Part 2 items for each agenda:

Electronic Meeting Date

Part 1 Items Approved Under Delegated Authority

Part 2 Items for Council Determination

4 November 2020

· CTC-20-173 to 195

· CTC-20-197 to 199

· CTC-20-201 to 203

· CTC-20-196, 200

· CTC-20-204 to 218

18 November 2020

· CTC-20-219 to 230

· CTC-20-231 to 239

Community Engagement

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

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

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

Attachments

1. Agenda of the Traffic Committee Meeting - 4 November 2020

2. Minutes of the Traffic Committee Meeting - 4 November 2020

3. Agenda of the Extraordinary Traffic Committee Meeting - 18 November 2020

4. Minutes of the Extraordinary Traffic Committee Meeting - 18 November 2020

Council Meeting

16 December 2020

PDF Creator

Council Meeting

16 December 2020

Item No: RES12/20-7

Notice of Rescission - Project Poly

Councillor/s: Lisa Lake, Suman Saha, Glenn Elmore and Greg Cummings

File Number: SC486

Notice of Rescission

Pursuant to Notice, Councillors Lake, Saha, Elmore and Cummings move the following Resolution of Council 23/11/2020 (Item C11/20-616) be rescinded:

That Council:

1. Accept the Tender Evaluation Panel’s recommendation to proceed to a Selective Tender process for the sale of the Long Day Care centres as outlined in the Expression of Interest, and invite Advantage Childcare Services, Lighthouse Childcare and The Infants Home Child & Family Services to Tender in accordance Section 55(4) of the Local Government Act 1993 and Clauses 168 and 169 of the Local Government (General) Regulation 2005.

2. Undertake a Selective Tender process for the sale of the Family Day Care Centres as outlined in the Expression of Interest, and invite all seven (7) submissions, in accordance Section 55(4) of the Local Government Act 1993 and clauses 168 and 169 of the Local Government (General) Regulation 2005.

3. In parallel with the selective tender process work with staff and the USU on a proposal that if the service were to be retained in house would allow the service to be delivered at minimal, if any, subsidy.

4. At the end of the selective tender process a report be brought back to Council summarising the results of that process and the work outlined in Point 3 above.

Proposed Alternate Resolution

That consideration of this report be deferred to allow a working party to consider seriously a proposal that would allow Council’s Children’s Services (including its Long Day Care Service, out of school hours service and Family Day Care Service) to continue to be operated and managed in-house by Council staff.

Signed:

Councillor Lisa Lake

Councillor Suman Saha

Councillor Glenn Elmore

Councillor Greg Cummings

Attachments

Nil