Agenda of Council Meeting - Wednesday, 9 February 2022

Councillor Contact Details

Granville Ward
Clr Steve Christou	0419 651 187	Steve.Christou@cumberland.nsw.gov.au
Clr Ola Hamed	0405 070 007	Ola.Hamed@cumberland.nsw.gov.au
Clr Joseph Rahme	0418 995 471	Joseph.Rahme@cumberland.nsw.gov.au
Greystanes Ward
Clr Diane Colman	0400 279 200	Diane.Colman@cumberland.nsw.gov.au
Clr Greg Cummings	0417 612 717	Greg.Cummings@cumberland.nsw.gov.au
Clr Eddy Sarkis	0418 306 918	Eddy.Sarkis@cumberland.nsw.gov.au
Regents Park Ward
Clr Kun Huang (Deputy Mayor)	0418 911 774	Kun.Huang@cumberland.nsw.gov.au
Clr Sabrin Farooqui	0487 194 169	Sabrin.Farooqui@cumberland.nsw.gov.au
Clr Helen Hughes	0400 264 534	Helen.Hughes@cumberland.nsw.gov.au
South Granville Ward
Clr Glenn Elmore	0418 459 527	Glenn.Elmore@cumberland.nsw.gov.au
Clr Paul Garrard	0414 504 504	Paul.Garrard@cumberland.nsw.gov.au
Clr Mohamad Hussein	0400 281 726	Mohamad.Hussein@cumberland.nsw.gov.au
Wentworthville Ward
Clr Suman Saha	0419 546 950	Suman.Saha@cumberland.nsw.gov.au
Clr Lisa Lake (Mayor)	0418 669 681	Lisa.Lake@cumberland.nsw.gov.au
Clr Michael Zaiter	0418 432 797	Michael.Zaiter@cumberland.nsw.gov.au

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

Council Meeting

9 February 2022

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

C02/22-4 Minutes of the Ordinary Meeting of Council - 17 November 2021…................................. 5

C02/22-5 Minutes of the Extraordinary Meeting of Council - 12 January 2022........................ 15

6 Mayoral Minutes

Nil

7 Public Forum / Presentation of Petitions

8 Items Resolved by Exception

9 Reports to Council

General Manager

C02/22-6 Ordinary Council Meeting Schedule - 2022 39

C02/22-7 Local Government NSW Special Conference 2022 - Determination of Voting Delegates. 43

C02/22-8 Draft Code of Meeting Practice................. 57

C02/22-9 Determination of Councillor Representation on Committees and External Bodies....... 233

Director Community and Organisation Development

Nil

Director Finance & Commercial Services

C02/22-10 Quarter 2 - Quarterly Budget Review Statement............................................... 237

Director Environment & Planning

C02/22-11 Council Submission to the NSW Parliament Inquiry into the Planning and Delivery of School Infrastructure in NSW.................. 261

C02/22-12 Council Members for Sydney Central City Planning Panel....................................... 283

Director City Services

Nil

10 Reports of Council Committees

Nil

11 Motions Pursuant to Notice

C02/22-13 Notice of Motion - Council Committees.... 335

C02/22-14 Notice of Motion - Racism Not Welcome Campaign............................................... 337

C02/22-15 Notice of Motion - Major Property Transactions........................................... 339

12 Notices of Rescission

RES02/22-1 Notice of Rescission - C11/21-889 - Notice of Motion - Council Carpark - 13 John Street Lidcombe............................................... 341

13 Questions on Notice

Nil

14 Closed Session Reports

Nil

15 Other / General Matters

16 Close

Council Meeting

9 February 2022

Item No: C02/22-6

Ordinary Council Meeting Schedule - 2022

Responsible Division: General Manager

Officer: Executive Manager General Manager's Unit

File Number: 8671572

Community Strategic Plan Goal: Transparent and accountable leadership

Summary

This report recommends that Council adopt the Ordinary Council Meeting Schedule for the remainder of 2022.

Recommendation

That Council adopt the Ordinary Council Meeting Schedule for 2022 as outlined in the report.

Report

In accordance with Council’s adopted Code of Meeting Practice, Ordinary Council meetings are held generally on the first and third Wednesday of each calendar month, with the exception of January where no meetings are held. Council is required to meet at least 10 times in a calendar year to satisfy the requirements of the Local Government Act 1993.

The Local Government Elections were deferred and ultimately proceeded on the 4^th December 2021, outside of the ordinary election cycle due to the Covid-19 pandemic. Following the election of the Mayor and Deputy Mayor at the 12^th January 2022 Extraordinary Council meeting, the 9^th February 2022 Council meeting was scheduled outside the ordinary cycle to accommodate operational requirements. This also provided further opportunity and scope for briefings to Councillors to be scheduled at the start of the Council term.

Given this, it is now proposed that Council resume its regular meeting schedule from March 2022 following this Council meeting, with Ordinary Council meetings generally being held on the first and third Wednesday of each month with the exception of January, with meetings commencing at 6.30pm.

Given the resolution of Council from the 12^th January 2022 Extraordinary Council meeting with respect to the term of the Deputy Mayor, it is recommended that the Ordinary Council meeting scheduled for the 21^st September 2022 instead be held on the 28^th September 2022. Otherwise, Council would be in a position where it would be conducting a Council meeting on three consecutive Wednesdays in September 2022.

Accordingly, it is recommended that Council adopt the following Ordinary Council meeting Schedule for 2022:

PROPOSED MEETING DATE

2nd March 2022

16th March 2022

6th April 2022

20th April 2022

4th May 2022

18th May 2022

1st June 2022

15th June 2022

6th July 2022

20th July 2022

3rd August 2022

17th August 2022

7th September 2022

28th September 2022 (Election of Deputy Mayor)

5th October 2022

19th October 2022

2nd November 2022

16th November 2022

7th December 2022

21^st December 2022

Community Engagement

The Council meeting schedule if adopted will be updated on Council’s website.

Policy Implications

The 2022 Ordinary Council meeting dates recommended for adoption in this report are consistent with Council’s currently adopted Code of Meeting Practice. Any deviation from the Code of Meeting Practice have been reported as part of the schedule to be fixed by a resolution of the Council.

Risk Implications

Adopting this meeting schedule will ensure Council is compliant with its obligations per the Local Government Act 1993.

Financial Implications

There are no financial implications for Council associated with this report. The operation of Council meetings are budgeted.

CONCLUSION

It is recommended that Council now adopt the Council meeting schedule for 2022.

Attachments

Nil

Council Meeting

9 February 2022

Item No: C02/22-7

Local Government NSW Special Conference 2022 - Determination of Voting Delegates

Responsible Division: General Manager

Officer: Executive Manager General Manager's Unit

File Number: HC-08-02-5

Community Strategic Plan Goal: Transparent and accountable leadership

Summary

This report outlines the details of the upcoming Local Government NSW (LGNSW) Special Conference 2022, and requests that Council finalise its Councillor representation as voting delegates at the conference. The conference is being held in the Sydney CBD from Monday 28 February to Wednesday 2 March 2022.

Recommendation

That Council determine up to 9 Councillors to be registered as voting delegates for the Local Government NSW Special Conference 2022.

Report

The Local Government NSW Annual Conference is one of two peak events annually, whereby Councillors are able to network with Councillors across other Councils who are members of Local Government NSW. Council can also put forward Motions for debate at the conference, for Local Government NSW to advocate for Policy reform at a sector level. This year, the Special Conference will be convened in the Sydney CBD from 28 February to 2 March 2022.

Due to the election delays as a result of the Covid-19 pandemic, the regular LG NSW board election has already occurred prior to the 2021 Local Government general election. Therefore, this years event is branded a “Special Conference” and will only deal with the Policy advocacy element of the regular annual event. Council is a member of Local Government NSW and is eligible to send representation to the Conference.

Council has been allocated a maximum of 9 voting delegates to register to attend the Local Government NSW Special Conference 2022, to vote on Motions for Discussion. LGNSW must be provided with the names of nominated voting delegates by 5pm (AEDT) on Thursday, 17 February 2022. This ensures that Council is able to register any late changes to voting delegates via the voting delegate substitute process if required.

Councillors were notified of the conference Motion process and were provided with the Conference Motions for Submission guide in early January 2022, and were invited to provide any draft motions for consideration. Subsequently and given the motion deadline of 30 January 2022, one conference Motion was submitted with respect to supporting an existing Council resolution from 20 October 2021 in response to the proposed NSW Government Infrastructure Contribution reforms. A copy of this submitted conference Motion and the Council resolution are attached to this report.

Should Council have more than 9 Councillors determine they wish to attend the conference, additional Councillors above the allocated quota of 9 voting delegates are able to attend, however they will not be registered as voting delegates and therefore are unable to vote on motions considered at the conference.

It is now requested that Council finalise the list of Councillors attending the Local Government NSW Special Conference, to ensure that 9 voting delegates are registered to attend the conference. In order of response, the following Councillors have previously expressed their interest in attending:

· Clr Ola Hamed

· Clr Steve Christou

· Clr Glenn Elmore

· Clr Mohamad Hussein

· Clr Lisa Lake

· Clr Sabrin Farooqui

· Clr Diane Colman

It is now recommended that Council determine and finalise this matter.

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. The Local Government NSW Special Conference 2022 is the key policy development conference for the local government sector. Councillor attendance at the Local Government NSW Annual (Special) Conference is provided for under the Councillor Expenses and Facilities Policy.

Risk Implications

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

Financial Implications

Councillor attendance to the Local Government NSW Special Conference 2022 is provided for under the Councillor Expenses and Facilities Policy and is budgeted within the 2021/22 annual budget.

CONCLUSION

The Local Government NSW Special Conference is the key policy-making event for the local government sector. To ensure representation and participation at this key event, this report recommends that Council nominate Councillors to attend as voting delegates, and consider submitting motions to be debated at the Conference.

Attachments

1. LGNSW Special Conference - Motion Submitted

2. 20 October 2021 - Mayoral Minute and Council Resolution - NSW Infrastructure Contributions Reforms

Council Meeting

9 February 2022

Item No: C02/22-8

Draft Code of Meeting Practice

Responsible Division: General Manager

Officer: Executive Manager General Manager's Unit

File Number: HC-06-06-2/04

Community Strategic Plan Goal: Transparent and accountable leadership

Summary

This report outlines the changes in the recently released Model Code of Meeting Practice by the Office of Local Government. The report recommends Council place on public exhibition a revised Code of Meeting Practice incorporating these new requirements, being a requirement under S.361 of the Local Government Act 1993.

Recommendation

That Council:

1. Approve the Draft Code of Meeting Practice (Attachment 4) being placed on public exhibition for 28 days, and subsequently open for a submission period of 42 days, as required under S.361 of the Local Government Act 1993.

2. Receive a further report at the conclusion of the 42 day submission period for determination, outlining the submissions received and a final recommended Code of Meeting Practice for adoption.

Report

The first Model Code of Meeting Practice for all NSW councils was released by the Minister for Local Government on 16 November 2018. The most recent changes to the Model Code were released on 19 November 2021.

The Office of Local Government has advised that all NSW councils must adopt a Code of Meeting Practice based on the updated Model Code within 12 months of the 2021 election date, giving Council’s until 4 December 2022 to adopt an updated Code.

The new Model Code again retains mandatory provisions that all NSW councils must adopt, and a number of non-mandatory provisions that Council’s may choose to adopt, supplement, or simply not adopt. Council may supplement the Model Code with additional provisions as long as these provisions are not inconsistent with the mandatory provisions of this Model Code.

Further, Council is required to review and adopt its Code of Meeting Practice within 12 months following an election under Section 361 of the Local Government Act 1993.

Council Officers have sought the feedback of Councillors on the Model Code of Meeting Practice, to better inform Council’s Draft Code being prepared. Accordingly, a copy of all Councillor feedback along with Council Officer responses is provided as Attachment 1 to this report.

Key Changes – 2021 Model Code of Meeting Practice

The new Model Code expands on non-mandatory provisions relating to the cancelling of ordinary meetings, where it is apparent that the meeting won’t achieve a quorum, or where the safety of councillors, staff and public is at risk due to a natural disaster. The Mayor may, in consultation with the general manager and, as far as is practicable, with each councillor, cancel the meeting. Where a meeting is cancelled, notice of the cancellation must be published on the council’s website and in such other manner that the Council is satisfied is likely to bring notice of the cancellation to the attention of as many people as possible. This clause has now been expanded to include public health emergencies in response to the Covid-19 pandemic.

The other main changes to the new Model Code of Meeting Practice relate to the inclusion of new provisions for the enablement of Councillors and Council staff to participate at Council meetings via audio/visual link, where certain requirements are satisfied.

A copy of Council’s currently adopted Code of Meeting Practice is provided as Attachment 2 to this report. A copy of the OLG Model Code of Meeting Practice is provided as Attachment 3 to this report. Finally, the Draft Code of Meeting Practice recommended for Council’s approval to proceed to public consultation is provided as Attachment 4 to this report.

For the purposes of transparency to the community, mandatory clauses Council must adopt in its Code are included in black font. Non-Mandatory clauses proposed for inclusion in Council’s Draft Code are included in red font. Any supplementary clauses or parameters determined by Council at a local level are included in blue font.

It is now recommended that Council proceed to place the Draft Code of Meeting Practice on public consultation for 28 days, and a submission period for a total of 42 days, with the results of the above to be reported to Council along with a final version of the Code of Meeting Practice for determination.

Community Engagement

Under S.361 of the Local Government Act, Council is required to publicly exhibit its Draft Code of Meeting Practice for a minimum of 28 days, with a public submission period of minimum 42 days. This notification of public consultation will occur on Council’s ‘Have Your Say’ website, and in other local media where appropriate.

Policy Implications

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

Risk Implications

The Draft Code of Meeting Practice has been prepared to ensure Council is compliant with the requirements of S.361 of the Local Government Act 1993. Should Council not review and adopt its Code of Meeting Practice by 4 December 2022, Council will be in breach of the Local Government Act.

Financial Implications

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

CONCLUSION

Council is required to adopt the mandatory clauses contained in the Model Code of Meeting Practice and consider the inclusion of non-mandatory or supplementary clauses as it deems appropriate. It is now recommended that the Draft Code of Meeting Practice be approved to proceed to public exhibition for 28 days, with public submissions open for a total of 42 days.

Attachments

1. Code of Meeting Practice Review - Councillor Submissions

2. Adopted Code of Meeting Practice

3. OLG - Model Code of Meeting Practice 2021

4. Draft Code of Meeting Practice

Council Meeting

9 February 2022

PDF Creator

Council Meeting

9 February 2022

Item No: C02/22-9

Determination of Councillor Representation on Committees and External Bodies

Responsible Division: General Manager

Officer: Executive Manager General Manager's Unit

File Number: 9244978

Community Strategic Plan Goal: Transparent and accountable leadership

Summary

This report provides an overview of current Council Committees in operation as well as any existing Council representation on external bodies, and recommends that Council determine its representatives for each appointment.

Recommendation

That Council:

1. Continue the operations of existing Council advisory committees as outlined in this report.

2. Nominate Councillor representation for advisory Committees/External Bodies as follows:

· Heritage Committee (Two Councillors)

· Aboriginal and Torres Strait Islander Consultative Committee (Two Councillors)

· Events Advisory Committee (Two Councillors)

· Access and Safety Committee (Two Councillors)

· Floodplain Risk Management Committee (Two Councillors)

· Cumberland Council Local Traffic Committee (One Councillor and one alternate Councillor)

· Parramatta River Catchment Group (One Councillor and one alternate Councillor)

· Wentworthville Community Garden Committee (One ward Councillor)

· Audit, Risk and Improvement Committee (Two Councillors – the Mayor cannot be one)

· Western Sydney Region Organisation of Councils (WSROC) Board & Central City Advocacy Board (Two Councillors and two Alternate Councillors)

· CivicRisk Mutual Members Assembly (Two Council representatives)

· Floodplain Risk Management Committee (Two Councillors)

3. Request that all Advisory Committees review their Terms of Reference at their first scheduled meeting, and report back to Council their proposed Charter for the Council term for adoption.

Report

It is recommended that Council note the continuation of all existing committees in order to continue to provide a genuine community feedback and advisory mechanism to Council, particularly as most committees are approaching their first meetings of the year. This report also recommends that Council determine the Councillor representation on Committees and various external engagements where Council is officially represented for the Council term.

These committees and representation roles include:

· Heritage Committee (Two Councillors)

· Aboriginal and Torres Strait Islander Consultative Committee (Two Councillors)

· Events Advisory Committee (Two Councillors)

· Access and Safety Committee (Two Councillors)

· Floodplain Risk Management Committee (Two Councillors)

· Cumberland Council Local Traffic Committee (One Councillor and one Alternate Councillor)

· Parramatta River Catchment Group (One Councillor delegate and one alternate Councillor delegate)

· Wentworthville Community Garden Committee (One ward Councillor)

· Audit, Risk and Improvement Committee (Two Councillors – the Mayor cannot be one)

· Western Sydney Region Organisation of Councils (WSROC) Board and Central City Advocacy Board (Two Councillors and Two Alternate Councillors as Directors on the Board and Advocacy Board)

· Floodplain Risk Management Committee (Two Councillors)

· CivicRisk Mutual Members Assembly (Two Council representatives – Previously Mayor and General Manager)

It is suggested that all internal advisory committees at their first meetings of 2022 discuss and review their existing Terms of Reference, and make recommendations to Council as to the adoption of updated Terms of Reference for the current Council term.

Community Engagement

As part of this process, any vacancies in community representatives on committees will be filled through a public Expressions of Interest process and any updates to membership will be reported to Council for determination.

Policy Implications

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

Risk Implications

There are reputational risk implications for Council associated with this report, as there are some Committees with vacancies in Councillor membership post-election.

Financial Implications

There are no financial implications for Council associated with this report outside existing staff resourcing utilised to administer the Committees.

CONCLUSION

This report requests that Council note the continued operations of all existing committees, and seeks Council’s determination on Councillor representation on Committees and external bodies.

Attachments

Nil

Council Meeting

9 February 2022

Item No: C02/22-10

Quarter 2 - Quarterly Budget Review Statement

Responsible Division: Finance & Commercial Services

Officer: Director Finance and Commercial Services

File Number: 86125474

Community Strategic Plan Goal: Transparent and accountable leadership

Summary

The attached Quarterly Budget Review Statement (QBRS) refers to the period ended 31 December 2021. The QBRS indicates that Council’s overall financial position remains stable as a result of actions taken to offset significant revenue losses associated with the current Covid-19 outbreak.

Quarterly Budget Review Statement

As at the end of the second quarter, Council is forecasting a recurring budget surplus of $2.04m; this forecast assumes that current savings measures are realised and that remaining income forecasts are met until 30 June 2022.

In the context of the path of the pandemic and its significant impact on Council’s income, the reductions made during this quarter reflect the known losses incurred to date. The final impact on Council’s income will be monitored through the third quarter and will require additional adjustments.

The savings identified to cover income losses have been offset by employee costs savings and services that were unable to be delivered as a result of the public health order.

Recommendation

That Council notes the proposed budget adjustments of income and expenditure contained in the Quarterly Budget Review Statement.

Report

Clause 203(2) of the Local Government (General) Regulation 2021 (the Regulation) requires that Council’s Responsible Accounting Officer prepare and submit a Quarterly Budget Review Statement (QBRS) that shows, by reference to the estimate of income and expenditure set out in the Operational Plan adopted by Council for the relevant year, a revised estimate of the income and expenditure for that year. The QBRS, compiled for information of Council and the community, provides a summary of Council’s financial position at the end of each quarter as to its progress against both the original Operational Plan and the last revised budget, as well as any recommended revisions identified as part of the budget review process. The Operational Plan profit has decreased from the current budget surplus of $4.32m to a surplus of $2.04m, excluding capital income, as per the below table.

Significant material Operational Plan revisions arising in the December 2021 quarter forecast are as follows:

Material Decreases to Surplus Total identified below:

· Forecast decrease in rates and annual charges of $0.2m due to reduction in supplementary rates.

· Forecast decrease in user charges of $1.5m was mainly attributable to childcare fees ($692K), seasonal park hire income ($159k), learn to swim fees ($360k) and hall hire fees ($391k).

· Forecast decrease in other revenue of $0.1m was attributable to property lease income.

· Materials & Contracts have increased by $1.1m due to increased insurance costs ($490k), increase in planning consultants ($250k) and increase in environment consultants ($174k).

· Other expenses have increased by $0.4m due to additional engagement expenses funded by new grant income.

· Depreciation has increased by $0.7m due to increased values from a buildings revaluation.

Material Increases to Surplus Total identified savings/increased income:

· Forecast increase in Operating Grants & Contributions offset by corresponding expenditure of $1.3m (zero impact) made up of new engagement grants ($515k), Covid response grants ($250k) and environmental grants ($174k).

· Employee costs have been reduced by $0.7m, due to YTD savings on casual employees and Council reducing staff leave liability.

The projected total capital expenditure has been decreased to $62.8m. The following reallocations and funding adjustments have been made to the program:

· Additional $257K of funds allocated from the grant reserve funds towards Duck River works.

· Additional $205K of grant revenue allocated towards new project for CCTV security works.

· Reallocation of funds ($700K) from the Roads Program towards Granville Park carpark and landscaping works.

· Reallocation of general revenue funded contingency capital ($1,200K) which was set aside to offset lost revenue.

Cash Forecast

The projected Cash and Investments position of Council is forecast to increase to $155.0m. Council’s estimated unallocated cash balance is forecast to finish at $10.7m, which is steady with the forecast from the first quarterly budget review.

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 current budget forecasts realise an accounting surplus of $2.04m. The majority of this surplus will be allocated to the waste reserve and the unrestricted cash balance is forecast to have a small increase from the $10.6m to $10.7m.

In view of this, it is critical that Council maintain the financial discipline and rigour which has been implemented over the last 12-18 months. These measures will need to be reviewed as Council needs to invest more general funds into frontline services.

CONCLUSION

As at the end of the second quarter, Council’s net operating result before capital is projected to finish the year at a surplus of $2.04m. Close monitoring of Councils income is required to ensure that Council’s financial position remains stable in the short and medium term.

Attachments

1. Q2 2021-22 Quarterly Business Review Statement

2. Q2 2021-22 Budget Review for Granville Stadium

3. Q2 2021-22 Budget Review for Merrylands CBD Drainage

Council Meeting

9 February 2022

Item No: C02/22-11

Council Submission to the NSW Parliament Inquiry into the Planning and Delivery of School Infrastructure in NSW

Responsible Division: Environment & Planning

Officer: Director Environment & Planning

File Number: CS-202

Community Strategic Plan Goal: A great place to live

Summary

In October 2021 the NSW Government announced a Parliamentary Inquiry into the planning and delivery of school infrastructure in NSW.

In 2021 the NSW Auditor General released a report which examined the planning and delivery of new, redeveloped and upgraded public schools by Schools Infrastructure NSW (SINSW).

Council staff have considered the Auditor General’s Report, Council population forecasts and strategic planning documents and prepared a draft submission to the inquiry (Attachment 1).

The draft submission identifies several issues in the current and future planning and delivery of school infrastructure in the Cumberland Local Government Area (LGA) and makes seven recommendations aimed at ensuring adequate provision, maintenance, and design of primary and secondary schools in the Cumberland LGA.

The submission must be submitted to the inquiry by 11 February 2022.

Recommendation:

That Council:

1. Endorse the draft submission to the Parliamentary Inquiry into the planning and delivery of school infrastructure in NSW at Attachment 1 and forward to the inquiry for consideration; and

2. Delegate authority to the General Manager to finalise the draft submission, including minor typographical changes.

Report

Context

In October 2021 the NSW Upper House’s Education Committee commenced an inquiry into the planning and delivery of school infrastructure in NSW. The Terms of Reference are provided below:

1. That Portfolio Committee No.3 – Education inquire into and report on the planning and delivery of school infrastructure in New South Wales, and in particular:

a. the implementation of recommendations of the 2021 Auditor-Generals Report entitled ‘Delivering School Infrastructure’,

b. the adequacy of plans by the NSW Government to deliver education facilities for every school student,

c. the adequacy of investment in new or upgraded infrastructure at existing NSW public schools and in new school projects, including:

I. Management,

II. Planning,

III. Design,

IV. Construction

V. Maintenance, and

VI. Budgeting and expenditure of new projects,

d. the role of local community organisations and groups in responding to the lack of or shortage of education facilities at any NSW public school especially in areas of high growth and in proposed new suburbs.

e. the adequacy of demographic planning for anticipated school enrolments;

f. delays in converting new school announcements into site identification and school construction,

g. specific planning for new schools and increased enrolments in Western Sydney, the Canada Bay Local Government Area and on the far north coast,

h. school design that promotes health and safety, and

i. any other related matters.

2. That the committee report by 28 October 2022.

Members of the Inquiry are:

Chair:	Latham, Mark (PHON, LC Member)
Deputy Chair:	Fang, Wes (NAT, LC Member)
Members:	Cusack, Catherine (LIB, LC Member)
	D'Adam, Anthony (ALP, LC Member)
	Farlow, Scott (LIB, LC Member)
	Houssos, Courtney (ALP, LC Member)
	Shoebridge, David (GRNS, LC Member)

Submissions are due by 11 February 2022 and the Committee will hold hearings in 2022.

Issues in the current and future provision of school infrastructure

Population Growth

The Cumberland LGA is forecast to grow by around 30 percent over the next 20 years, reaching over 300,000 people by 2036. Couples with children are the dominant household type, making up more than 40 percent of all households. This trend is expected to continue to 2036.

Figures also indicate that Cumberland will experience a 21 percent and a 32 percent increase in the primary school secondary school aged groups respectively to 2036.

Of that population increase, student enrolments in government schools servicing the Cumberland LGA show there has been a continual increase in the number of students over the past 20 years. The government school increase for primary and secondary school aged children is projected to increase by 37 percent and 55 percent respectively between 2020 and 2036.

The forecase demand would result in the need for up to eight new government schools in the LGA by 2036.

Council supports the view of the community that there has not been adequate delivery of educational facilities to keep pace with the growing population in the Cumberland LGA and surrounding LGAs.

School numbers and distribution

There are a number of schools located in the Cumberland LGA as shown in Figures 1 and 2 including:

· 23 government primary schools that service 61 percent of children aged 5 to 11

· 7 government secondary schools that service 29 percent of children aged 12 to 17

· 2 government schools for ages 5-18

· 17 Catholic system schools

· 6 independent schools

Source: Astrolabe, 2020 Figure 1. Primary Schools in the Cumberland LGA

Source: Astrolabe 2020 Figure 2. Secondary Schools in the Cumberland LGA

In accordance with Council and State Government strategic planning, several centres in the Cumberland LGA are likely to experience growth including Merrylands, Auburn, Lidcombe, Wentworthville, and Westmead. Despite the anticipated growth, there are a relatively low number of primary and secondary schools within the vicinity of these areas.

In addition, secondary students of Merrylands, Wentworthville, Westmead and Lidcombe are expected to travel much further to reach their schools than other students which will generate significant additional demand on the transport network and reduce opportunities for active transport options.

Exceedances of enrolment caps

Analysis undertaken indicates that of the 23 Government primary schools in Cumberland, 11 have exceeded their enrolment capacity as they are servicing students beyond their permanent building capacity. This is evident in the case of Westmead Public School which has an enrolment cap of 901 students, and in 2020 had a full-time equivalent enrolment of 1,638 students equating to 737 students above the enrolment capacity.

Considerations for non-government schools

There are currently 17 Catholic system schools and 6 independent schools in Cumberland which accounted for 37 percent of Cumberland’s student population. Analysis indicates that there is demand for an additional 4 to 5 Catholic system schools and an additional 1 to 2 independent schools in the Cumberland LGA. It should also be anticipated that as Cumberland’s centres undergo anticipated growth and renewal, there will be an increase in community expectations for wider choice in school preferences.

Demographic planning

The population forecasts used by SINSW to project the number of students in school catchments, local government areas and regions are generally consistent with forecasts used by Council. However, the demographic data is not accompanied by a medium-term plan to deliver new public school places for the Cumberland LGA. Transparent planning for local school places needs to be investigated and tested against demographic forecasts, both at the LGA level and the individual suburb level, as forecast population growth is expected to vary across different suburbs within the Cumberland LGA.

Capital plans

Council values collaboration with adjoining councils and State government agencies to ensure efficient use of existing infrastructure and appropriate delivery times. However, delivery planning needs to be aligned with funding commitments for the delivery of school infrastructure. In this regard Council supports the provision of public facing 10 year plans that prioritise schools provision as well as ten-year capital plans as recommended by the NSW Auditor General.

Design

Transparency and engagement during the planning and development of new school infrastructure as well as the colocation of ancillary facilities (such as out of hours school care, child care and open space) will assist in supporting local communities and

should be a mandatory consideration when new schools are planned and designed.

Maintenance

Council recognises the importance of school infrastructure maintenance and where necessary, upgrades, in line with projected population growth.

Submission Recommendations

That Schools Infrastructure NSW:

1. Consider and note the significant population growth in Cumberland LGA, with the largest current and forecast household type to be couples with children.

2. Review the student capacity of local primary schools with the most need in areas where strong population growth is forecast in Cumberland, including Auburn, Lidcombe, Merrylands, Westmead and Wentworthville.

3. Develop medium term plans (minimum horizon of 10 years) to deliver new school places based on forecast demand, integrated with existing school facilities and potential new school facilities, and involved close and ongoing collaboration with Council and local communities.

4. Undertake an audit of the maintenance, upgrade and renewal needs for existing public schools and prepare a long-term, public facing master plan for schools that will experience an increase in student places.

5. Ensure school facilities and infrastructure are seen as assets and are considered as part of the planning and redevelopment of a precinct.

6. Plan for renewal of school facilities, particularly when associated with increasing student places should focus on efficient use of space commensurate with any increases in future student population.

7. Ensure that supporting and related infrastructure, such as the need for out of school hours care and shared open space is considered as part of the design and planning for all new and upgraded schools.

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 provides an overview of Council’s draft submission into the NSW Upper House’s Education Committee inquiry into the planning and delivery of school infrastructure in NSW and outlines key issues identified by Council officers.

It is recommended that Council forward the submission to the inquiry for consideration.

Attachments

1. Council Submission to NSW Parliament Inquiry into Planning and Delivery of School Infrastructure in NSW

Council Meeting

9 February 2022

Item No: C02/22-12

Council Members for Sydney Central City Planning Panel

Responsible Division: Environment & Planning

Officer: Director Environment & Planning

File Number: 5124854

Community Strategic Plan Goal: A great place to live

Summary

At the 16 October 2019 Council Meeting, Council resolved to appoint Council members to the Sydney Central City Planning Panel.

The State Government’s Sydney & Regional Planning Panels Operational Procedures states that Councils should reconsider if the nominations to the Panels are appropriate within 12 months following a council election. This report and attachment are presented for Council’s information and review of the current Council members.

Recommendation

That Council determine Council’s appointed members on the Sydney Central City Planning Panel as outlined in the report.

Report

The role of the Sydney Central City Planning Panel (formerly known as the Joint Regional Planning Panel for the Sydney West Region) is to determine development applications for regionally significant development with a Capital Investment Value (CIV) over $30 million, such as employment facilities and mixed use developments.

The Panel is made up of a maximum of five members, three of which are appointed by the State Government and two appointed by the relevant Council (including an additional two alternate Council members).

At the 16 October 2019 Council Meeting, Council resolved to appoint four Council members to the Sydney Central City Planning Panel, being two members and two alternate members. The following was resolved:

That Council:

1. Appoint Councillors Attie and Sarkis as the Council Members for the Sydney Central City Planning Panel;

2. Appoint Councillors Garrard and Zaiter as the Alternate Council Members for the Sydney Central City Planning Panel; and

3. Notify the Sydney Central City Planning Panel of Council’s decision.

Regional Planning Panels Operational Procedures

Council ordinarily reviews its Committees and other representatives in the first year of a new Council in accordance with their respective terms of reference. The State Government’s Sydney & Regional Planning Panels Operational Procedures, stipulates the following:

Councils are not restricted to nominating people from the council’s local area. They can appoint, terminate, and reappoint members at any time, and can determine the duration of each appointment. Generally, so as to ensure the greatest degree of continuity for the Panels, councils should consider appointing members for the maximum term of three years provided for under the EP&A Act. However, councils should reconsider if the nominations to the Panels are appropriate within 12 months following a council election.

Council is within the 12 month timeframe where the Operational Procedures states that Council should reconsider if the Panel nominations are appropriate.

Furthermore, the procedures also state the following:

· At least one council member must have expertise in one or more of the following areas: planning, architecture, heritage, the environment, urban design, land economics, traffic and transport, law, engineering or tourism.

· Property developers and real estate agents are not eligible to be members of a Planning Panel.

· Council may also at any time appoint a person to be the alternate of a member nominated by the Council.

Should Council wish to review and update its appointed members or alternate members to the Panel, the following resolution is recommended:

1. Pursuant to schedule 2 clauses 15(2) and16(3) of the Environmental Planning and Assessment Act 1979, the Council revoke all previous member and alternate member appointments of the Sydney Central City Planning Panel for the reason that the Council wishes to replace its nominees with other persons concurrently with Council’s post election review of Committee and board representation.

2. Pursuant to s.2.13 of the Environmental Planning and Assessment Act 1979, the Council appoints [insert name] and [insert name] to be Council nominee members of the Sydney Central City Planning Panel, It being noted that ____[at least one of the nominees] __ has expertise in [enter one or more of town planning, architecture, heritage, the environment, urban design, land economics, traffic and transport, law, engineering or tourism]. The period of appointment for both nominees is 3 years, subject to any future resolution of the Council to remove either or both of the nominees at an earlier date.

3. Pursuant to schedule 2 clause 15(2) of the Environmental Planning and Assessment Act 1979, the Council appoints ____[name of alternate]____and [name of alternate] as alternate members of the Sydney Central City Planning Panel. The period of appointment for both nominees is 3 years, subject to any future resolution of the Council to remove either or both of the nominees at an earlier date.

4. Council notify the Sydney Central City Planning Panel of the decision.

It is now recommended that Council review and/or determine Council members of the Sydney Central City Planning Panel following the Council elections as per the procedures.

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

Council has been advised by the Panel that there are a number of planning matters which may be considered by the Panel in the coming weeks. Council has been notified that it is required to confirm any changes to membership prior to the Sydney Central City Planning Panel by 24 February 2022.

Financial Implications

There are financial implications associated with this report should Council determine to appoint external membership to the Panel.

CONCLUSION

The State Government’s Sydney & Regional Planning Panels Operational Procedures stipulates that Council’s should reconsider if the nominations to the Regional Planning Panel (Sydney Central City Planning Panel) is appropriate within 12 months following a council election. It is recommended that Council note the information within this report and determine if they wish to review the Council members of the Sydney Central City Planning Panel.

Attachments

1. Sydney and Regional Planning Panels Operational Procedures

Council Meeting

9 February 2022

Item No: C02/22-13

Notice of Motion - Council Committees

Councillor: Ola Hamed and Kun Huang

File Number: 9238750

Summary

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

Notice of Motion

That:

1. The draft Terms of Reference be brought to the next ordinary meeting of Council for the re-establishment of the following committees to operate as formal advisory committees of Council:

a. Access Committee

b. Arts Advisory Committee

c. Community Safety and Crime Prevention Committee

d. Companion Animals Advisory Committee

e. Culturally and Linguistically Diverse (CALD) Advisory Committee

f. Library Committee

g. Youth Advisory Committee

2. The Terms of Reference specify the purpose of the committee and include that:

a. the membership consists of a specified number of community representatives and two Councillors that are to be elected by Council at an ordinary meeting at the start of each Council term,

b. all community nominations will be assessed by an internal panel of council staff and recommendations made to Council,

c. the membership can be altered at any time by Council resolution,

d. the committee will meet quarterly,

e. the chairperson will be a community representative nominated by the committee, and

f. Council staff will provide administrative support and attend the

meetings.

Resourcing Implications

A report can be prepared utilising existing staff resourcing.

General Manager Advice

Should Council proceed, a report will be provided to Council beyond the Draft Terms of Reference requested in this Motion. The report will detail Council’s considerations with respect to the integration of the proposed committees into Council’s formal committee structure.

Attachments

Nil