Council Meeting

 Wednesday, 21 July 2021 at 6:30pm

 

Cumberland City Council Chambers

Merrylands Service Centre, 16 Memorial Avenue, Merrylands

 


 

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

 21 July 2021

 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

C07/21-805    Minutes of the Ordinary Meeting of Council - 07 July 2021............................................... 5

6    Mayoral Minutes

Nil

7    Public Forum / Presentation of Petitions

8    Items Resolved by Exception

9    Reports to Council

      General Manager

Nil

      Director Community and Organisation Development

Nil

      Director Finance & Governance

C07/21-806    Monthly Management Accounts - May 2021 19

C07/21-807    Investment Report - June 2021................. 27

      Director Environment & Planning

C07/21-808    Report on Variations for Development Standards Approved under Delegation - April to June 2021 Quarter................................ 51

C07/21-809    Planning Proposal - 233, 249-259 Merrylands Road and 52-54 McFarlane Street, Merrylands.................................... 61

      Director Works & Infrastructure

C07/21-810    Proposed New Eric Tweedale Stadium Fees and Charges........................................... 293

10  Reports of Council Committees

C07/21-811    Quarterly Progress Report on Council Consultative and Advisory Committees... 295

C07/21-812    Cumberland Traffic Committee - Minutes of Electronic Meetings held in June 2021.... 343

11  Motions Pursuant to Notice

Nil

12  Notices of Rescission

Nil

13  Questions on Notice

Nil

14  Closed Session Reports

C07/21-813    Outcome of Education and Care Services Tender Review

Note: Included in Closed Council in accordance with Section 10A(2)(d)(i) of the Local Government Act as the information involves commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

C07/21-814    Security Services Tender Outcome

Note: Included in Closed Council in accordance with Section 10A(2)(d)(i) of the Local Government Act as the information involves commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

C07/21-815    Tender Evaluation Report - Granville Pool Amenities Upgrade

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.

C07/21-816    Outcome of Expressions of Interest Process - Proposed New Council Administration Building

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.

C07/21-817    Outcome of Expression of Interest for Merrylands Civic Square

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.

15  Other / General Matters

16  Close

 

 


Council Meeting

 21 July 2021

 

Item No: C07/21-805

Minutes of the Ordinary Meeting of Council - 07 July 2021

Responsible Division:                  Finance & Governance

Officer:                                       Director Finance & Governance

  

 

 

Recommendation

 

That Council confirm the minutes of the Ordinary Meeting of Council held on 07 July 2021.

 

Attachments

1.     Draft Minutes - 7 July 2021   

 


DOCUMENTS
ASSOCIATED WITH
REPORT C07/21-805

Attachment 1

Draft Minutes - 7 July 2021


Council Meeting

 21 July 2021

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Council Meeting

 21 July 2021

 

 

Item No: C07/21-806

Monthly Management Accounts - May 2021

Responsible Division:                  Finance & Governance

Officer:                                       Director Finance & Governance

File Number:                               HC-06-13-22

Community Strategic Plan Goal:  Transparent and accountable leadership  

 

 

Summary

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

Recommendation

That Council receive the report.

 

Report

 

The following is the year-to-date (YTD) May 2021 report for Council and attached are the directorate reports. The following table provides a summary of the YTD actual against the approved budget. The YTD actual is favourable to the approved Q3 revised budget by $2.2 million as at 31 May 2021. This is an improvement of $0.6m in the variance since the April report.

With a 15% favourable budget result in May 2021, the Executive remains confident that Council can meet and most likely exceed the $2.0m surplus for 30 June 2021.

Discussion May Year-to-date

Operating Income YTD $195.6m, $1.3m lower than budget.

Income is lower than the Q3 revised budget as at May 2021. These variances are mainly due to:

·    $+(0.2) m Rates and Charges – Relating to expected income from supplementary.

·    $(0.9) m Other Revenue – Due to fines $0.6m and low income from leases $0.2m.

·    $(0.6) m Operating Grants – The timing of RMS grants is different to previous years and, as at the date of this report, the money has still not been received.

·    +0.3 m Interest earned – There is a favourable trend in interest due to stock market increases.

Operating Expenses YTD $179.6m, $3.4m better than budget.

The expenses are $3.4m (1.9% reduction) lower than the Q3 revised budget due to the following:

·    Employee Costs $0.9m – There are vacancies of $0.1m in Community and Organisation Development, $0.4m in the General Manger’s budget and $0.2m in Works and Infrastructure.

·    Other Expenses $1.4m – There was a timing difference for Electricity/Street Lighting $0.3m, General Expenses $0.1m, Function Expenses $0.2m and Postage $0.1m and other minor variances totalling $0.6m (10 different categories).

·    Material and Contracts $1.5m – This is due to lower than expected expenditure of $0.6m in contractors for the Works and Infrastructure directorate and $0.9m in waste tipping fees.

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. The revenue and expenses will remain closely monitored.

CONCLUSION

The May year-to-date recurring budget position is 6.1% favourable to the budget. There is an expectation that 3.5% of this is related to timing differences, which means the savings are still around 2.3%.

 

Attachments

1.     Financial Summary by Directorate   

 


DOCUMENTS
ASSOCIATED WITH
REPORT C07/21-806

Attachment 1

Financial Summary by Directorate


Council Meeting

 21 July 2021

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Council Meeting

 21 July 2021

 

 

Item No: C07/21-807

Investment Report - June 2021

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 June 2021.

 

 

Recommendation

That Council receive the 30 June 2021 Investment Report. 

 

Report

 

Council’s investment portfolio has a current market value of $159,749,722. This represents a premium of $1,032,009 above the face value of the portfolio being $158,717,713 and generates a 2.10% 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 June outperformed the current month benchmark and exceeded the year-to-date benchmark.

 

Council’s bonds and floating rate notes had an increase of $225,701 in their Fair Value during the 2020/21 Financial Year.

Performance – Current Month 30 June 2021

 

For the month of June, Council‘s portfolio generated interest earnings of $249,060. This is $134,041 higher than the budget of $115,019 and outperformed against the AusBond Bank Bill Index by 0.15%, as detailed below:-

 

 

Performance – Year-to-date 30 June 2021

 

For the year-to- date, Council‘s portfolio generated interest earnings of $2,414,789. This is $506,789 higher than the budget of $1,908,000 and outperformed the AusBond Bank Bill Index by 1.78%, 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 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

This report seeks to certify 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 Report June 2021  

2.     Investment Commentary June 2021   

 


DOCUMENTS
ASSOCIATED WITH
REPORT C07/21-807

Attachment 1

Investment Report June 2021


Council Meeting

 21 July 2021

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DOCUMENTS
ASSOCIATED WITH
REPORT C07/21-807

Attachment 2

Investment Commentary June 2021


Council Meeting

 21 July 2021

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Council Meeting

 21 July 2021

 

 

Item No: C07/21-808

Report on Variations for Development Standards Approved under Delegation - April to June 2021 Quarter

Responsible Division:                  Environment & Planning

Officer:                                       Director Environment & Planning

File Number:                               PS20/002

Community Strategic Plan Goal:  A resilient built environment  

 

 

Summary

The purpose of this report is to provide details of the development applications where a variation to a development standard has been approved under delegation in accordance with the reporting requirements of the Planning circular PS 20-002 issued by the Department of Planning, Industry and Environment on 5 May 2020.

 

Recommendation

That Council receive and note this report.

 

Report

On 5 May 2020 the Department of Planning, Industry and Environment issued Planning Circular PS 20-002 Variations to Development Standards.  The purpose of the circular is as follows:

“to advise consent authorities of arrangements for when the Secretary’s concurrence to vary development standards may be assumed (including when council or its Independent Hearing and Assessment Panel are to determine applications when development standards are varied) and clarify requirements around reporting and record keeping where that concurrence has been assumed.”

By way of background, the objective of clause 4.6 of a Local Environmental Plan (LEP) is to provide an appropriate degree of flexibility in applying certain development standards so as to achieve better outcomes for and from development.  The clause is a mechanism by which a development standard within a planning instrument can be varied provided that particular requirements are satisfied. A Planning instrument includes an LEP, State Environmental Planning Policy or Regional Environmental Plan.  In the case of Cumberland City Council, the relevant LEP’s are the Auburn LEP 2010, Holroyd LEP 2013 and Parramatta LEP 2011. 

Clause 4.6 also requires that development consent must not be granted for development that contravenes a development standard unless the concurrence of the Planning Secretary has been obtained.  The circular however, provides that consent authorities can assume the concurrence of the Planning Secretary under clause 4.6 of an LEP (which adopts the Standard Instrument (Local Environmental Plans) Order 2006), or any other provision of an environment planning instrument to the same effect, in accordance with Clause 64 of the Environmental Planning and Assessment Regulations 2000 with the following exceptions of relevance to the purpose of this report:

·    A delegate of Council cannot assume the Secretary’s concurrence if the development contravenes a numerical standard by greater than 10%; or the variation is to a non-numerical standard.

This restriction does not apply to decisions made by the Cumberland Local Planning Panel and the Sydney Central City Planning Panel who are not legal delegates of Council.

Procedural and reporting requirements

In addition to maintaining a publicly available online register of all variations to development standards approved by a consent authority or its delegates and submitting a report of all approved variations (including those made under delegation) through the NSW Planning Portal, the Department is now also requiring that a report of variations approved under delegation from a council be provided to a meeting of the Council at least once each quarter.

 

         

CLAUSE 4.6 VARIATIONS TO DEVELOPMENT STANDARDS APPROVED UNDER DELEGATION

 

DA No. & Determination date

Address

Description of Development

Development Standard

Extent of Variation

April – June Quarter

DA2020/0677

approved on 6 May 2021

61 Kiama Street, Greystanes

Demolition of existing structures and construction of an attached two storey dual occupancy with associated Torrens-title subdivision into two (2) lots

4.1B - Minimum lot sizes for dual occupancies

0.83% (4.9m²)

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

The reporting obligations required by Planning Circular PS 20-002 issued by the Department of Planning, Industry and Environment on 5 May 2020, with regards to variations to development standards approved under delegation have been satisfied.  It is recommended that Council receive and note this report.

 

Attachments

1.     Planning Circular – Variations to Development Standards   

 


DOCUMENTS
ASSOCIATED WITH
REPORT C07/21-808

Attachment 1

Planning Circular – Variations to Development Standards


Council Meeting

 21 July 2021

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Council Meeting

 21 July 2021

 

 

Item No: C07/21-809

Planning Proposal - 233, 249-259 Merrylands Road and 52-54 McFarlane Street, MerryLands

Responsible Division:                  Environment & Planning

Officer:                                       Director Environment & Planning

File Number:                               PP2021/0001

Community Strategic Plan Goal:  A resilient built environment  

 

 

Summary

This planning proposal applies to land at 233, 249-259 Merrylands Road and 52-54 McFarlane Street, Merrylands, which is approved for a mixed-use precinct with five buildings (Buildings A, B, C, D and E) containing 776 apartment buildings, retail and commercial tenancies, childcare facility and basement parking.

The primary purpose of the planning proposal is to facilitate the delivery of additional residential apartments on approved Buildings D and E and to regularise the approved height control for Building A.

The Planning Proposal Request was placed on early consultation in April 2021 and reported to the Cumberland Local Planning Panel in June 2021. In response to preliminary public feedback and the Panel’s advice, it is recommended that Council prepares an amended planning proposal to include additional information regarding the strategic merit of the proposal, and alternate planning controls to limit potential amenity impacts on surrounding sites and protect the supply of commercial floor space in the Merrylands town centre.

It is recommended that the amended planning proposal be forwarded to the Department of Planning, Industry and Environment for a Gateway Determination. Should a Gateway Determination be received, Council officers will enter into discussions with the Proponent to negotiate and prepare a Voluntary Planning Agreement consistent with legislative and policy requirements.

 

Recommendation

That Council:

1.     Endorse a planning proposal for 233, 249-259 Merrylands Road and 52-54 McFarlane Street, Merrylands, that seeks to amend the Holroyd Local Environmental Plan 2013, to:

a.  Increase Height of Buildings (HOB) controls for:

i.   Building D from 55m (16 storeys) to 64m (19 storeys)

ii.  Building E from 77m (23 storeys) to 84m (25 storeys)

iii. Building A from 55m (16 storeys) to 77m (23 storeys).

b.  increase the Floor Space Ratio control for Buildings D and E from 5.5:1 to 7.5:1.

2.     Endorse that the planning proposal for 233, 249-259 Merrylands Road and 52-54 McFarlane Street, Merrylands, be forwarded to the Department of Planning, Industry and Environment for a Gateway Determination. 

3.     Prepare a Voluntary Planning Agreement to derive public benefit, should a Gateway Determination be received.

 

Report

 

Background

 

In April 2021, Merrylands Investment Co Pty Ltd (the Proponent) lodged a Planning Proposal Request with Council for land at 233 Merrylands Road, 249-259 Merrylands Road, and 52-54 McFarlane Street, Merrylands (the site).

The site is approved for a mixed-use precinct with five buildings (Buildings A, B, C, D and E) containing 776 apartment buildings, retail and commercial tenancies, childcare facility, and basement parking.

The Proponent’s Planning Proposal Request seeks to increase the height of Buildings D and E by five storeys to accommodate an additional 90 residential apartments, which would increase the total number of apartments to 866.

The Proponent seeks to achieve the intended outcome via the following amendments to the Holroyd Local Environmental Plan 2013:

·    Increase the height of buildings controls for:

Building D from 55m (16 storeys) to 71m (21 storeys)

Building E from 77m (23 storeys) to 93m (28 storeys)

Building A from 55m (16 storeys) to 77m (23 storeys) to regularise the height already approved for that building

·    Increase the floor space ratio control for Buildings D and E from 5.5:1 to 7.5:1

·    Remove the application of Clause 4.4(2B) from Buildings D and E, noting that the purpose of this clause is to ‘cap’ residential floor space to a maximum FSR of 1.7:1 for developments in the Merrylands town centre.

It is noted that, if Council was to proceed with the Proponent’s requested controls, a further 10 per cent in height could potentially be achieved under design excellence provisions which would likely accommodate an additional 30 residential apartments.

The Request included a public benefit offer for the Proponent to enter into a Voluntary Planning Agreement with Council post-Gateway for construction and embellishment of a laneway and provision of storage space/community facilities to be leased to Council at a nominal rate.

 

The status of the proposal is provided in Figure 1 below.

 

 

Figure 1 Planning Proposal Status

 

The site and its context

 

The site is approximately 12,418m2 in area and comprises 15 lots, as shown in Figure 2 and legally described as follows:

 

·    233 Merrylands Road, Merrylands (Lots 22, 25 and 26 Section A of DP 7916 and Lot 10 DP 814298, Lot 5 DP 17401)

·    249-259 Merrylands Road, Merrylands (Lot 27, 28 and 29 Section A DP 7916, Lots 5, 6, 7, 8, 9 and 10 DP 244047)

·    52-54 McFarlane Street, Merrylands (Lot 1 DP 1178575).

 

The Planning Proposal Request relates primarily to Buildings D and E. It also seeks a minor housekeeping amendment to Building A. The location of these buildings is shown in Figure 3.

 

Figure 2: The site (outlined in red)

 

 

Figure 3: Location of Buildings A, D and E (shown in pink)

 

 

Regional context

The site is in Merrylands Town Centre, approximately 25 kilometres west of the Sydney CBD and 3.5 kilometres south of Parramatta CBD.

Merrylands Town Centre is Cumberland City’s proposed strategic centre, providing a diverse range of higher order services and facilities, retail/commercial and residential opportunities.

The site is highly accessible to services and facilities within Merrylands Town Centre itself and other key centres and corridors in Cumberland and beyond, with Merrylands Train Station within 400 metres (to the east) and public bus services along both Merrylands Road and McFarlane Street. Major arterial roads servicing the region include Woodville Road, M4 Motorway, and the Cumberland Highway.

 

Local context

 

The site is on the western side of the Merrylands Station and McFarlane Precinct, bounded by McFarlane Street from the north, Treves Street from the west and Merrylands Road from the south.

Currently, the Merrylands Station and McFarlane Precinct is characterised by a mix of retail/commercial uses, including Stockland Shopping Centre (to the north), a small-scale strip retail (along Pitt Street, Merrylands Road, Treves Street and McFarlane Street), near new mixed-use high-density residential developments, coupled with older style (circa 1970s to 1990s) three level walk-up apartment complexes. The site itself has been cleared and is undergoing site remediation work and construction.

The local area is well-served by a range of active and passive recreational facilities of various scales, including Central Gardens, Memorial and King Parks, Ted Burge Reserve, Merrylands Park, Merrylands Swimming Centre, and Granville Park. The proposed new Merrylands Civic Square is located 50m east of the site (coloured green in Figure 3).

Approved development scheme

The site is approved for a mixed-use precinct with five buildings (Buildings A, B, C, D and E) containing 776 apartment buildings, retail and commercial tenancies, childcare facility, basement parking (DA2016/127, DA2020/0220, MOD2021/0123). The number of approved residential apartments and commercial and retail tenancies are shown in Table 1 below.

 

It is noted that the development scheme was modified to satisfy conditions of a Design Excellence Certificate issued by Council on 6 August 2020. Notably, Condition (a) required the Proponent to amend the architectural plans to demonstrate greater variety in utility, size, and character of communal open spaces throughout the development.

 

The modified scheme is based on a review of the scheme by Project Architect, Woods Bagot, which resulted in a reduction in the amount of gross floor area (GFA) allocated to residential uses and an increase in GFA for all other uses (Table 2). The loss of GFA for residential uses, equates to approximately 14 apartments.

 

Building

Description

A

25 storey building containing 229 residential apartments with six ground floor and six first floor commercial tenancies.  

B

17 storey building containing 105 residential apartments with one ground floor retail tenancy and first floor childcare centre for 60 children with outdoor play area.    

C

13 storey building containing 100 residential apartments with three ground floor retail premises, one ground floor commercial tenancy and four first floor commercial tenancies. 

D

17 storey building containing 135 residential apartments with four ground floor retail tenancies including a supermarket.

E

25 storey building containing 207 residential units and two ground floor retail tenancies.

Table 1: Approved development scheme

 

 

Gross Floor Area (m2)

Use

Approved
DA

Approved MOD

Difference

Residential

60,554

59,460.30

-1,093.70

Commercial

3,724

3,797.90

73.90

Retail/supermarket 

4,687

5,067.30

380.30

Child Care Centre

752

789.8

37.80

Communal

685

952.9

267.90

Total GFA

70,402

70,068.30

-333.70

Table 2: Modified GFAs

Planning Controls

 

Existing Planning Controls

 

The site is subject to planning controls contained in Holroyd LEP 2013. The following key controls apply to the site:

·    Land Zone: B4 Mixed Use and SP2 Local Road

·    Height of Buildings: 55m (Z), 77m (AA3)

·    Floor Space Ratio: 5.5:1 (Z2).

The site is also identified on Land Reservation Acquisition and Design Excellence mapping. Figure 4 to Figure 8 contain LEP mapping extracts for the above controls.

Figure 4: Land Zoning

Figure 5: Floor Space Ratio

Figure 6: Height of Buildings

Figure 7: Land Reservation Acquisition

 

Figure 8: Design Excellence

 

 

Requested Planning Controls

 

The Proponent’s requested amendments to Holroyd Local Environmental Plan 2013 include:

 

·    Height of Building increases, as shown in Figure 9 and summarised below.

Building D: increase from 55m (16 storeys) to 71m (21 storeys)

Building E: increase from 77m (23 storeys) to 93m (28 storeys)

Building A: increase from 55m (16 storeys) to 77m (23 storeys) – this is a minor housekeeping amendment to regularise the building height approved under DA 2020/0220.

·    Floor space ratio increases for Buildings D and E (5.5:1 to 7.5:1), as shown in Figure 10.

·    Removal of Buildings D and E from ‘Area B’ on Floor Space Ratio mapping (see Figure 5), thus removing the application of Clause 4.4(2)(B) to those buildings. It is noted that the purpose of the clause is to limit residential accommodation in the Merrylands town centre to the maximum FSR (1.7:1). The clause was introduced to increase the supply of non-residential uses in the town centre, promoting economic development and employment opportunities.

 

Figure 9: Proposed height of buildings controls

 

Figure 10: Proposed floor space ratio control

 

Recommended Planning Controls

 

It is recommended that Council proceeds to Gateway with an amended planning proposal containing alternate planning controls, as outlined in Table 3. Compared with the requested planning controls, the recommended planning controls would deliver an additional 60 residential apartments (down from 90), increasing the total number of apartments to 856 (down from 886). It is noted that, if the recommended controls are endorsed, the Proponent could potentially achieve a further 10 per cent in height at development application stage, under design excellence provisions, which would likely accommodate an additional 30 residential apartments. 

 

Planning control

Building

Existing

Requested

Recommended

Height of buildings

D

55m

71m

64m

E

55m

93m

84m

A

55m & 77m

77m

77m

Floor space ratio

D & E

5.5:1

7.5:1

7.5:1

Clause 4.4(2)(B)

D & E

Applies

Remove

Applies

 

Table 3: Recommended planning controls

 

Cumberland Local Planning Panel Advice

 

The Cumberland Local Planning Panel considered a report on the Planning Proposal Request and the outcomes of the preliminary community consultation on 9 June 2021. The Panel’s advice is reproduced below:

 

1.  …the Cumberland Local Planning Panel (CLPP) are not convinced that the Planning Proposal has sufficient strategic merit to proceed.

 

2.  The Cumberland Local Planning Panel (CLPP) is of the opinion that the removal of Clause 4.4(2B) should not be removed without detailed consideration of the implications of such a removal.

 

3.  If the proponent desires to proceed with the Planning Proposal the issue of strategic merit needs to be clearly demonstrated.

 

4.  The Panel notes that the proponent accepts the Council officer’s proposal to modify the planning proposal to reduce the recommended height of the building controls by 10 percent from those sought by the proponent.

 

The following sections of this report respond to the concerns raised by the Panel.

 

Strategic Merit Assessment

 

Following the Panel meeting, the Proponent submitted a Strategic Merit Assessment, further demonstrating the proposal’s consistency with the strategic planning framework and policy context.

 

Council officers are satisfied that the proposal has sufficient strategic and site-based merit to proceed to Gateway, subject to certain amendments as recommended in this report. If endorsed, the recommended planning controls will facilitate the delivery of additional housing supply on one of the largest sites in the Merrylands Station and McFarlane Street Precinct; an area that is highly accessible to a wide range of existing services and facilitates and is identified in Cumberland City’s Local Strategic Planning Statement as a key location for future growth.

 

Building Heights and Built Form

 

The recommended controls for Buildings D and E will allow for some uplift (up to 2-3 storeys instead of the requested 5), while protecting local amenity and promoting good urban design outcomes. The requested height control for Building A is supported as it will regularise the height limit that is already approved, with no further impacts on surrounding properties.

 

The Urban Design Analysis submitted with the Planning Proposal Request states that the requested height and floor space ratio controls for Buildings D and E would result in a more desirable urban design outcome and would not result in an unacceptable level of overshadowing or other impacts on surrounding sites. However, the analysis does not take into consideration the additional height and floor space ratio increases achievable by the Proponent as part of any future DA for the uplift. The site is affected by clause 6.11 ‘Area 2’ design excellence provisions of the Holroyd LEP 2013. This enables the Proponent to apply for an additional 0.5:1 floor space ratio and 10 per cent maximum building height, which would likely result in an additional 30 apartments.

 

To better determine the potential impacts of the proposal, Council officers carried out built form testing on the requested controls, including additional height and floor space ratio controls achievable under design excellence provisions. This analysis concluded that the requested controls would most likely result in an unacceptable level of overshadowing for properties to the south along Merrylands Road, particularly during mid-winter. In terms of urban design outcomes, the requested controls are also likely to result in an undesirable height transition between the site and properties to the south, especially when viewed from the east.

 

Heritage

 

The site is not a heritage item or is located within a heritage conservation area. The heritage impact statement provided in support of the approved DA confirms that the overall development is unlikely to impact on nearby heritage items. No further heritage impacts are likely to occur as a result of the proposal.

 

Social and Economic Benefits

 

The additional housing supply will be delivered in the immediate future, in an approved development that has achieved Design Excellence certification from Council. It is likely that the overall development will help to further establish Merrylands town centre as a desirable place to live, work, dine and shop. The development is likely to serve as a catalyst for other large-scale redevelopments that will help to revitalise the town centre, contributing to economic development and jobs creation, and a more liveable and attractive built environment. The construction phase will create temporary employment opportunities and economic stimulus.  

 

The overall development contains a mix of dwelling types, including smaller studio and one-bedroom apartments, to meet the needs various market segments including students, couples, singles and first home buyers. In addition to adding to the stock of owner-occupied dwellings, the proposal will help to satisfy the high and sustained demand for rental properties in Merrylands. It is note that many of the apartments in the approved development are proposed to be retained by the Proponent, leased out and professionally managed. Build-to-rent models such as this provide a secure and desirable alternative to home ownership for long-term renters.

 

Traffic and Transport

 

The Planning Proposal Request is supported by a traffic analysis which concludes that traffic and parking impacts associated with the requested 90 additional dwellings are likely to be only minor in nature. The recommended controls would result in a reduction of dwellings and therefore reduced traffic and parking impacts.

 

The broader traffic and transport impacts and mitigation measures were addressed as part of Council’s Planning Proposal for the McFarlane Street, and Council further considered these issues as part of its assessment of the approved DA for the subject site. If Council resolves to prepare a planning proposal for the site, the matter will be referred to relevant public agencies for their consideration and comments as part of the Gateway process. The matter will also be considered as part of any future DA for the proposal.

 

Consistency with the Greater Sydney Region Plan and Central City District Plan

 

The planning proposal is consistent with the directions of the Greater Sydney Region PlanA Metropolis of Three Cities, namely:

 

·    City supported by infrastructure – the site is well connected to public transport infrastructure. The site and surrounds have been identified for increased density of commercial and residential development with the Merrylands Station and McFarlane Street Precinct Planning Proposal which has since been gazetted.

·    City for its people – the future development will facilitate active uses and opportunities for social interaction. The landmark building will assist people to navigate through the town centre and proposed strategic centre.

·    Housing in the City – the proposal will provide new affordable private housing options within walking distance for students, couples, smaller families from Merrylands railway station and set within a network of new roads and pathways.

·    An efficient City – the proposal has potential to reduce transport costs and emissions by increasing the resident population with access to public transport and within walking distance of an established town centre and proposed strategic centre.

The proposal is also consistent with the priorities and actions in the Central City District Plan, particularly:

·    C2 Planning for a city supported by infrastructure – the proposal seeks to increase principal development controls close to key public open space, existing infrastructure such as the Merrylands Transport Interchange.

·    C5 Housing the city – The planning proposal will provide housing supply, choice, and affordability with access to jobs, services, and public transport.

·    C6 A city of great places – The planning proposal will assist with renewing proposed Merrylands Strategic Centre by facilitating urban renewal and re-development at the given site acting as a catalyst for the broader precinct.

·    Planning Priority C9 Delivering integrated land use and transport planning and a 30 minute city: the proposal will facilitate the provision of additional housing in close proximity to the Lidcombe train station and associated railway lines. These railway lines access strategic centres, giving more people access to services via public transport within 30 minutes.

·    C10 Jobs and skills for the community – The planning proposal will facilitate and contribute to the redevelopment of site 9 within the McFarlane Street precinct and proposed Merrylands Strategic Centre, increasing housing and generate small amount of temporary job opportunities in the area in addition to what has been approved by the DA.

 

Consistency with Cumberland 2030: Our Local Strategic Planning Statement

 

The proposal delivers in a key strategic area for housing identified in the structure plan for Cumberland City. The proposal is also consistent with the priorities and actions in Cumberland 2030: Our Local Strategic Planning Statement, namely:

·    Local Planning Priority 5 - Deliver housing diversity to suit changing needs.

·    Local Planning Priority 6 – Deliver affordable housing suitable for the needs of all people at various stages of their lives, as the future redevelopment will incorporate a number of accommodation options to enable people form a variety of backgrounds and socio-economic status to age in place.

·    Local Planning Priority 11 - Promote access to local jobs, education opportunities and care services.

 

Consistency with Cumberland Local Housing Strategy

 

The planning proposal is generally consistent with the Cumberland Local Housing Strategy recently adopted by Council. The Merrylands Town Centre is Cumberland City’s ‘proposed strategic centre’. The area is identified as a prime location for housing in the Strategy, which will contribute to Cumberland’s housing target of 28,000 to 28,500 additional dwellings between 2016-2036. The proposal request is likely to provide between 60 and 90 additional dwellings as a result of this uplift.  

 

Consistency with Cumberland Employment Lands and Innovation Strategy

 

The planning proposal is generally consistent with the above Strategy, which has been adopted by Council. The Merrylands Town Centre is Cumberland City’s ‘proposed strategic centre’. The area to which the site is located is identified as one of the largest commercial/retail precincts for jobs in the Strategy, which is likely to contribute to Cumberland’s job target of 20,500 jobs between 2016-2041. The subject proposal is likely to generate a small amount of employment/jobs temporarily through construction of the proposed additional floors for proposed buildings D and E. This is in addition to retail/commercial uses and job opportunities approved for the broader site.

 

 

 

Consistency with the Merrylands Station and McFarlane Street Precinct vision and objectives 

 

Council introduced new planning controls for the Merrylands Station and McFarlane Precinct in 2019, based on a strategic urban design and planning study prepared by SJB Architects. The recommended planning controls are consistent with the overall vision and objectives for the Precinct. In particular, the recommended height controls for Buildings D and E are appropriate as these buildings are in one of two locations in the Precinct identified as suitable for taller buildings (see areas circled in red in Figure 13).

Figure 13: Area for height (red circles)

 

Removal of LEP Clause 4.4(2B)

 

Based on the Panel’s advice and further consideration of the issue by Council officers in consultation with the Proponent, it is recommended that Council does not proceed with the Proponent’s request to remove the application of clause 4.4(2)(B) from Buildings D and E. The clause was introduced to increase the supply of non-residential uses in the town centre, promoting economic development and employment opportunities. Given the strong and sustained demand for commercial/office space in Merrylands town centre, it is not appropriate to remove this clause from the site. Removal of the clause could set an undesirable precedent for other developments in the Merrylands town centre and could potentially also result in further modifications to the approved development to reduce the commercial/retail components on the site.

 

Public Benefit Offer

 

As part of their Planning Proposal Request, the Proponent submitted a Public Benefit Offer indicating that they may enter into a Voluntary Planning Agreement with Council which may include the following public benefits:

·    Construction of the east/west Main Lane, including both physical works and embellishments

·    Provision of storage space and/or community facilities within the development site, to be leased to Council at a nominal rate.

 

Should the proposal proceed to a Gateway Determination, Council officers will further negotiate with the Proponent to ensure the public benefit offer is consistent with Council’s Planning Agreements Policy and Guideline.

 

It is noted that, as a condition of development consent (DA2020/0220), the Proponent must dedicate Main Lane to Council free of charge for the purpose of a laneway. The land is zoned SP2 and marked for acquisition on the Holroyd LEP 2013 Land Reservation Acquisition map. In addition, Council’s Manager Engineering Services confirmed that Main Lane is to act as service lane for vehicles only, with embellishments anticipated to be consistent with a standard road treatment.

Community Engagement

The proposal and supporting documentation were exhibited for a period of 29 days, from 21 April 2021 to 20 May 2021, as required by the Cumberland Planning Proposal Notification Policy. A total of five community submissions were received, including one in support and four objections. A summary of submissions is attached to this report.

Key issues raised in objections were taken into consideration by Council officers as part of their assessment and resulted in the formulation of alternate controls, which address many of the concerns raised and minimise the impact of the proposal on surrounding sites.

Policy Implications

Policy implications for Council are outlined in this report.

Risk Implications

There are minimal risk implications for Council on the proposal outlined in this report.

Financial Implications

Should the proposal proceed to Gateway Determination, Council officers will further negotiate with the Proponent to ensure the public benefit offer is consistent with Council’s Planning Agreements Policy and Guideline.


 

CONCLUSION

This report recommends that Council proceeds to Gateway with an alternate planning proposal that addresses concerns raised by the Cumberland Local Planning Panel and community in relation to the strategic merit of the proposal and potential impact on surrounding sites. The alternate controls will provide increased housing supply in the immediate future, close to a wide range of higher order services and facilities, including public transport.

Should the proposal proceed to a Gateway Determination, negotiations regarding the public benefit offer will be progressed and captured through a Voluntary Planning Agreement in accordance with Council’s Planning Agreements Policy and Guideline.

 

Attachments

1.     Planning Proposal Request  

2.     Letter of Offer (confidential)  

3.     Panel Report and Advice  

4.     Proponent's Strategic Merit Assessment  

5.     Urban Design Report  

6.     Economic Impact Assessment  

7.     Traffic Analysis  

8.     Overview of Shadow Models  

9.     Building Height Transition  

10.   Summary of Submissions   

 


DOCUMENTS
ASSOCIATED WITH
REPORT C07/21-809

Attachment 1

Planning Proposal Request


Council Meeting

 21 July 2021

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DOCUMENTS
ASSOCIATED WITH
REPORT C07/21-809

Attachment 3

Panel Report and Advice


Council Meeting

 21 July 2021

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REPORT C07/21-809

Attachment 4

Proponent's Strategic Merit Assessment


Council Meeting

 21 July 2021

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DOCUMENTS
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Attachment 5

Urban Design Report


Council Meeting

 21 July 2021

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DOCUMENTS
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REPORT C07/21-809

Attachment 6

Economic Impact Assessment


Council Meeting

 21 July 2021

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DOCUMENTS
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REPORT C07/21-809

Attachment 7

Traffic Analysis


Council Meeting

 21 July 2021

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DOCUMENTS
ASSOCIATED WITH
REPORT C07/21-809

Attachment 8

Overview of Shadow Models


Council Meeting

 21 July 2021

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ASSOCIATED WITH
REPORT C07/21-809

Attachment 9

Building Height Transition


Council Meeting

 21 July 2021

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ASSOCIATED WITH
REPORT C07/21-809

Attachment 10

Summary of Submissions


Council Meeting

 21 July 2021

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Council Meeting

 21 July 2021

 

 

Item No: C07/21-810

Proposed New Eric Tweedale Stadium Fees and Charges

Responsible Division:                  Works & Infrastructure

Officer:                                       Acting Director Works & Infrastructure

File Number:                               8928696

Community Strategic Plan Goal:  A great place to live  

 

 

Summary

This report provides Council with the proposed Eric Tweedale Stadium fees and charges for advertisement following the completion of the new stadium at Granville Park.

 

Recommendation

That Council place the new Fees and Charges on public exhibition for 28 days and report back to Council on the outcomes.

 

Report

The construction of the new stadium at Granville Park is nearing completion and operations are proposed to commence in August 2021. The new stadium incorporates state of the art features including an international standard sports field with lighting and LED scoreboard, grandstand for 750 spectators, amenities including canteen, male/female home and away change rooms, public toilets, administration office, 155 people function room with commercial kitchen, bar and covered viewing deck, gym and carpark upgrade.

At the time of developing the Operations Plan and Budget the fees and charges for the Eric Tweedale Stadium were not set for the proposed operations.

Revised Fees & Charges

 

The below are the proposed fees and charges recommended for public exhibition for the gym and function room.

 

Gym Membership Options (per month)

Gym Only

$48.00

Gym + Pool

$89.50     

20 Visit Pass

$98.50

 

* A seasonal membership for sportsground seasonal hirers can be negotiated with the Executive Manager Recreation and Facilities or delegate.

 

Function Room

Monday – Thursday

 

$120 per hour

Friday – Sunday

 

$160 per hour  

 

* When services or facilities are requested which are not covered in this document, or reduced rental rates during off peak, the Manager Recreational Assets or delegate will determine an appropriate price.

Community Engagement

This report recommends the revised fees and charges will be placed on public exhibition for 28 days with a report back to Council on the outcomes.

Policy Implications

This report proposes to update the fees and charges to accommodate the premium facility including gym and function room hire.

Risk Implications

The proposed fees and charges will manage the financial risk to deliver the services within the existing 2021-22 budget.

Financial Implications

There are no financial implications with this report.

CONCLUSION

This report recommends that Council endorse the new fees and charges for the Eric Tweedale Stadium to be placed on public exhibition with a report back to Council on the outcome.

 

Attachments

Nil

 


Council Meeting

 21 July 2021

 

 

 

Item No: C07/21-811

Quarterly Progress Report on Council Consultative and Advisory Committees

Responsible Division:                  Community and Organisation Development

Officer:                                       Director Community and Organisation Development

File Number:                               8689135

Community Strategic Plan Goal:  Transparent and accountable leadership  

 

 

Summary

 

This report presents the Draft Minutes of the Consultative and Advisory Committee meetings held since February 2021. 

 

Recommendation

That Council receive the Draft Minutes of the Consultative and Advisory Committee meetings held as listed in the report and included under Attachments 1 to 6 of this report.

 

Report                                  

 

Progress Report on Council Committee Meetings

 

The following six Committee meetings were held since February 2021:

 

Committee

Meeting Date

Number of Attendees

(exc. Council Staff)

Aboriginal and Torres Strait Islander Consultative Committee

9 February 2021 

11

Events Advisory Committee

25 February 2021

4

Access and Safety Committee

4 March 2021

10

Aboriginal and Torres Strait Islander Consultative Committee

 

11 May 2021

6

Events Advisory Committee

 

27 May 2021

3

Access and Safety Committee

3 June 2021

14

 

The Draft Minutes of each of the above Committee meetings are included under Attachments 1 to 6 of this report.

Community Engagement

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

Policy Implications

Council’s Consultative and Advisory Committees are recognised as one method for involving the community in Council’s decision-making processes in the Community Engagement and Participation Strategy.

All Consultative and Advisory Committees of Council and their members are expected to comply with the Code of Conduct and supporting policies.

Risk Implications

All new Committee members undertake an induction process to ensure they are aware of their obligations under the Code of Conduct and supporting policies.

Financial Implications

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

CONCLUSION

 

This report provides the Draft Minutes of the Consultative and Advisory Committee meetings held since February 2021. 

 

Attachments

1.     Aboriginal and Torres Strait Islander Consultative Committee  - 9 February 2021  

2.     Events Advisory Committee - 25 February 2021  

3.     Access and Safety Committee - 4 March 2021  

4.     Aboriginal and Torres Strait Islander Consultative Committee - 11 May 2021  

5.     Events Advisory Committee - 27 May 2021  

6.     Access and Safety Committee - 3 June 2021   

 


DOCUMENTS
ASSOCIATED WITH
REPORT C07/21-811

Attachment 1

Aboriginal and Torres Strait Islander Consultative Committee  - 9 February 2021


Council Meeting

 21 July 2021

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REPORT C07/21-811

Attachment 2

Events Advisory Committee - 25 February 2021


Council Meeting

 21 July 2021

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DOCUMENTS
ASSOCIATED WITH
REPORT C07/21-811

Attachment 3

Access and Safety Committee - 4 March 2021


Council Meeting

 21 July 2021

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DOCUMENTS
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Attachment 4

Aboriginal and Torres Strait Islander Consultative Committee - 11 May 2021


Council Meeting

 21 July 2021

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DOCUMENTS
ASSOCIATED WITH
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Attachment 5

Events Advisory Committee - 27 May 2021


Council Meeting

 21 July 2021

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ASSOCIATED WITH
REPORT C07/21-811

Attachment 6

Access and Safety Committee - 3 June 2021


Council Meeting

 21 July 2021

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Council Meeting

 21 July 2021

 

 

Item No: C07/21-812

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

Responsible Division:                  Works & Infrastructure

Officer:                                       Acting Director Works & Infrastructure

File Number:                               T-20-02-08

Community Strategic Plan Goal:  A safe accessible community  

 

 

Summary

 

This report presents the minutes of the Cumberland Traffic Committee Electronic meetings of 2 and 16 June 2021.

 

 

Recommendation

That:

1.     The minutes of Part 1 Items of the Cumberland Traffic Committee electronic meetings of 2 and 16 June 2021, be received and noted; and

2.     The minutes of Part 2 Items of the Cumberland Traffic Committee electronic meetings of 2 and 16 June 2021, be received and recommendations contained therein be approved.

 

Report

Due to COVID-19 restrictions, electronic meetings of the Cumberland Traffic Committee were conducted on the 2nd and 16th of June 2021. The agendas for 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 following 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

2 June 2021

CTC-21-117 to 126

CTC-21-128 to 145

CTC-21-127

CTC-21-146 to 150

16 June 2021

CTC-21-151 to 159

CTC-21-160 to 167

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 Electronic meeting of Cumberland Traffic Committee of 2 June 2021  

2.     Agenda of the Electronic meeting of Cumberland Traffic Committee of 16 June 2021  

3.     Minutes of the Electronic meeting of Cumberland Traffic Committee of 2 June 2021  

4.     Minutes of the Electronic meeting of Cumberland Traffic Committee of 16 June 2021   

 


DOCUMENTS
ASSOCIATED WITH
REPORT C07/21-812

Attachment 1

Agenda of the Electronic meeting of Cumberland Traffic Committee of 2 June 2021


Council Meeting

 21 July 2021

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DOCUMENTS
ASSOCIATED WITH
REPORT C07/21-812

Attachment 2

Agenda of the Electronic meeting of Cumberland Traffic Committee of 16 June 2021


Council Meeting

 21 July 2021

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DOCUMENTS
ASSOCIATED WITH
REPORT C07/21-812

Attachment 3

Minutes of the Electronic meeting of Cumberland Traffic Committee of 2 June 2021


Council Meeting

 21 July 2021

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DOCUMENTS
ASSOCIATED WITH
REPORT C07/21-812

Attachment 4

Minutes of the Electronic meeting of Cumberland Traffic Committee of 16 June 2021


Council Meeting

 21 July 2021

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