Agenda of Council Meeting - Wednesday, 19 October 2022

Council Meeting

19 October 2022

Item No: C10/22-168

Draft Annual Financial Statements 2021/22

Responsible Division: Finance & Commercial Services

Officer: Acting Director Finance & Commercial Services

File Number: 9065055

Community Strategic Plan Goal: Providing Local Leadership

Summary

The 2021/22 (FY22) Draft Annual Financial Statements were presented to the Audit,

Risk and Improvement Committee (ARIC) for their review and discussion in August and October 2022 before being referred to the Auditors. The minutes of the August ARIC meeting were reported at the Council Meeting held on 7 September 2022.

Following endorsement by Council, the signed Financial Statements will be

presented to the Audit Office to allow Council to receive the final Independent Auditor

Report and the Report on Conduct of the Audit, which will then enable Council to lodge

the Financial Statements to the Office of Local Government by the 31 October

deadline.

Council will then publicly advertise the final statements and a representative from the

Audit Office will attend the Ordinary Council Meeting on 16 November 2022 to present

the Financial Statements and discuss the audit for Cumberland City Council. The

Financial Statements are attached to this report.

Recommendation

That Council:

1. Pursuant to the provisions of Section 413 of the Local Government Act

1993, hereby declares that it has prepared the Annual Financial

Statements for the 2021/2022 financial year ending 30 June 2022, and has

formed an opinion based on the advice of Council officers and reports

attached, that the Annual Financial Statements for Cumberland City

Council:

a) Have been prepared in accordance with:

• the Local Government Act 1993 (as amended) and the Regulations

made there under;

• the Australian Accounting Standards and other pronouncements

of the Australian Accounting Standards Board;

• The Local Government Code of Accounting Practice and Financial Reporting

b) Present fairly Council’s operating results and financial position for the

2021/22 financial year.

c) Accord with Council’s accounting and other records, and that Council

is not aware of any matters that would render these statements false

or misleading in any way.

2. Pursuant with Section 413(2)(c) of the Local Government Act, authorise

the Mayor, Deputy Mayor, General Manager and the responsible

accounting officer to sign the ‘Statements by Councillors and

Management’ for the General Purpose and Special Purpose Financial

Statements which must then accompany these reports.

3. Publish a public notice as soon as practicable after Council receives a

copy of the auditor's reports to advise of the Presentation by the Audit

Office of the 2021/22 Financial Statements at the Ordinary Council

meeting to be held on 16 November 2022, as per Section 418 (3) of the

Local Government Act

Report

Council achieved a recurring surplus of $4.961m compared to a recurring budget of $5.056m. Council’s surplus including one offs and revaluation adjustments is $63.137m, which is a positive variance compared to the budgeted surplus of $5.456m.

Income (excluding Capital)

Original Budget $213.2m, Actual $210.5m

When excluding capital and the $53m revaluation adjustment in income, Council’s total 2021/22 operating income of $210.5m finished $2.7m unfavourable when compared to the original budget of $213.2m. Further, the 2021/22 total operating income was almost identical to that of 2020/21.

Major income sources negatively impacted by a combination of the Covid-19 pandemic, severe weather and deteriorating market conditions are outlined below comparing to budget:

• Childcare income - $2.8m

• Investment interest - $642k

• Rates & annual charges - $1.7m

• Fine revenue - $1.4m

• Learn to swim income - $936k

• Hall hire income - $514k

Major operating income items with positive variances to budget are outlined below:

• Gain on revaluations of investment properties - $3.95m

• Financial assistance grant (75% advance on 22/23) - $1.6m

• Childcare Covid assistance grants - $600k

Expenditure

Original Budget $207.7m, Actual $200.4m

Overall Council’s 2021/22 operating expenditure of $200.4m finished $7.3m favourable when compared to the original budget of $207.7m. The 2021/22 total operating expenditure was $69.4m lower than 2020/21. When excluding the decrements on asset revaluations of $71.6m in 2020/21, the total operating expenditure in 2021/22 is $2.2m higher when compared to that of 2020/21.

Major items contributing to the favourable variance to budget are outlined below:

• Employee costs - $6.2m

• Waste tipping fees - $1.6m

• Utility costs (electricity, water) - $731k

• Function & event expenses - $720k – e.g. Cherry Blossom cancellation

• Staff training expenses - $656k

• Animal impounding costs - $438k

Major operating expenditure items with negative variances to budget are outlined below:

• Domestic waste management contract - $1.4m

• Depreciation on building assets - $1.1m

• Consultant expenditure (largely for Westinvest) - $925k

Operating Profit

There were areas of volatility particularly in services with large user-based charges such as childcare, swimming centres, park and hall hire. This volatility was largely caused by Covid-19 lockdowns in the 1st quarter of 2021/22 and exacerbated by severe weather in the 2nd half of the year.

There were several measures implemented by council to offset the losses incurred against Council revenue streams.

Whilst infrastructure maintenance and service budgets continued to be spent, control measures implemented included:

• Implementation of strict financial controls across all areas of the organisation

• Review and cessation of non-critical expenditure

• Stringent recruitment controls

• Reviewing outstanding balances

The operating profit was $86.2m, compared to a $29m budget surplus, and a loss of $33.3m in the previous year. The profit after deducting capital income and one offs is $4.961m, compared to a $5.056m budget surplus, and $2.6m profit in the previous year.

Financial Position & Ratios

The total cash and investments were $188.4m in 2021/22, up $24.9m from the previous year, and comprises of external restrictions, internal restrictions, and unallocated cash.

Cash, cash equivalents and investments subject to external restrictions are those which are only available for specific use by Council due to a restriction placed by legislation or third-party contractual agreement. At the end of the financial year, the total amount of externally restricted funds was $118.9m, an increase of $12.8m from the previous year mainly due to unexpended developer contributions.

Cash, cash equivalents and investments not subject to external restrictions may be internally allocated by Council resolution or Council policy. At the end of the financial year, internal reserves totalled $59.5m, an increase of $11.8m from the previous year. This increase was due to the creation of two new reserves being the infrastructure reserve and the community reserve totalling $11.8m. Council policy is to maintain $10m in unrestricted cash to financially insulate Council from significant unexpected events and natural disasters, with excess cash above $10m used to build up the two reserves.

Key ratios are used to assess various aspects of Council’s financial performance. Most ratios have been achieved with the exception of the rates and annual charges outstanding ratio, the infrastructure backlog and renewal ratios.

The rates and charges outstanding ratio improved from 6.37% in 2020/21 to 5.62% in 2021/22. The improvement was a significant achievement given COVID had limited council from enforcing collection. Council has taken proactive steps to work with ratepayers impacted by the recent pandemic and other events as well as making arrangements with long outstanding account holders. The infrastructure backlog ratio is 4.86% for 2021/22 which has remained stable since 2019/20. The infrastructure renewal ratio is below benchmark mainly due to challenges with delivering construction works during lockdown periods and the severe weather events in 2021/22.

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

In the 2021/22 financial year Council achieved a recurring surplus of $4.961m excluding capital and one off non-recurring income, compared to $2.6m for the previous year. This is a great result given the COVID climate, weather events, and financial market challenges faced during the year. Council needs to ensure it continues to manage its expenditure and available cash to ensure continued financial sustainability.

CONCLUSION

The Mayor, Deputy Mayor, General Manager and the responsible accounting officer

sign the general purpose and special purpose financial statements for Cumberland

City Council which fairly present Council’s operating result and financial position for the financial year 1 July 2021 to 30 June 2022 and accord with relevant accounting records. This will enable Audit Office to provide Council with the final Independent Auditor Report and the Report on Conduct of the Audit.

Attachments

1. Draft 2021/22 Annual Financial Statements

2. Statement by Councillors and Management

Council Meeting

19 October 2022

Item No: C10/22-170

Proposed Christmas/New Year Operations 2022-2023

Responsible Division: Community and Organisation Development

Officer: Director Community and Organisation Development (Deputy GM)

File Number: SC648

Community Strategic Plan Goal: Transparent and accountable leadership

Summary

This report details the proposed operational arrangements for Council over the 2022/23 Christmas/New Year period. Consistent with previous years, it is proposed that whilst a brief shut down period be applied in most areas, a presence consisting of staff required to ensure continuity of essential services is to be maintained.

Recommendation

That Council:

1. Endorse the implementation of the operational arrangements outlined in this report for the 2022/23 Christmas/New Year period and that these details be published to the community; and

2. In accordance with Section 377 of the Local Government Act 1993, delegate authority to the Mayor and General Manager or in their absence, to the persons acting in these roles, during the period of Council recess to jointly exercise the powers, authorities, duties and functions of Council which cannot reasonably be deferred to the first Ordinary Council meeting following the Council recess. This period:

a) Commencing from midnight immediately following the Council meeting held before the recess period as approved by Council (21 December 2022); and

b) Concluding at the time of commencement of the first Council meeting held immediately after the end of the recess period in accordance with the adopted Code of Meeting Practice; and noting that any such decisions are to be unanimous and circulated to Councillors for their information and will be reported to the first Ordinary Council Meeting following the recess period.

Report

Consistent with Council’s adopted Code of Meeting Practice, there will be no Ordinary Meetings of Council held in January 2023. This means that the recess period for 2022/23 will be from midnight on 21 December 2022 following the final scheduled Council meeting for the year, until the commencement of the first Ordinary Council Meeting in February 2023.

Council Recess Period

During this period there may be matters which require determination or urgent action by Council. It is proposed that during this period the Mayor and the General Manager, or the persons acting in these positions if the incumbents are absent, be delegated with the authority, pursuant to Section 377 of the Local Government Act 1993, to jointly exercise the powers, authorities, duties and functions of Council which cannot reasonably be deferred to the first Ordinary Council Meeting following Council recess.

It is proposed that for 2022, Council operations cease from midday on Friday 23 December 2022 in alignment with Council’s staff Christmas luncheon. The details for this event are being confirmed and all Councillors will be notified and their attendance would be welcome.

To allow all staff to attend this event, it is proposed that Council services will cease from midday on Friday 23 December 2022 and resume on Tuesday 3 January 2023. During this period, only staff required to continue working to deliver essential services or maintain an on-call presence will be required to work.

Whilst most services will resume operations from Tuesday 3 January 2023, those staff not engaged in essential service delivery and/or maintenance will be directed to take an additional 4 days leave for the period from Tuesday 3 January 2023 until Friday 6 January 2023, inclusive. These employees would then return to work on Monday 9 January 2023.

The following are the proposed operating arrangements for key services over this shut down period:

Customer Service Centres

Both customer service counters will be closed during the shutdown period, however the Contact Centre will remain open for normal operating hours on the days which are not public holidays. On the public holidays calls will be diverted through to the afterhours service. This function is considered an essential service and so would resume operations on Tuesday 3 January 2022.

Operating arrangements for the Customer Service Contact Centres will be as follows:

Customer Service Centres (Auburn, Merrylands, Greystanes, Berala, Wentworthville)
Friday 23 December 2022	Closed from noon
Monday 26 December 2022	Closed – boxing day public holiday
Tuesday 27 December 2022	Closed – public holiday (additional)
Wednesday 28 December 2022	Closed
Thursday 29 December 2022	Closed
Friday 30 December 2022	Closed
Monday 2 January 2023	Closed – public holiday (additional)

Operating arrangements for the Call Centre will be as follows:

Contact Centre
Friday 23 December 2022	Closed from noon
Monday 26 December 2022	Closed – boxing day public holiday
Tuesday 27 December 2022	Closed – public holiday (additional)
Wednesday 28 December 2022	Open
Thursday 29 December 2022	Open
Friday 30 December 2022	Open
Monday 2 January 2023	Closed – public holiday (additional)

Library Services

· All library branches will open at the usual time on Friday, 23 December 2022 and close at noon on this day.

· All branches will be closed from Saturday, 24 December 2022 to Wednesday, 28 December 2022 (Christmas and Boxing Day public holidays).

· From Wednesday, 28 December 2022 to Friday, 30 December 2022, all branches will remain closed, except Auburn, Granville and Merrylands Libraries, which will open from 9:30am – 5:30pm.

· All branches will be closed on Saturday, 31 December 2022, with all branches reopening for regular hours from Tuesday, 3 January 2023.

Waste Collection

These services will continue as normal during this period and there will also be staff rostered on-call for cleansing and other waste related emergencies.

Regulatory Services

Development Compliance and Environmental Health teams will have staff rostered on call over the period to ensure coverage for essential services and emergency situations. Parking Patrol will have three teams available to monitor town centres and respond to urgent complaints, with the exception of Public Holidays. The Ranger team will have on-call arrangements in place on the Public Holidays and will work normal shifts on the other days.

Children’s Services

Operating arrangements will be as per below for Children’s Services:

Service Type	Close	Re-open
Long Day Care	6:00pm Thursday 22 December 2022	7:00am Monday 9 January 2023 (Pemulwuy 6:00am)
Out of School Hours Care (OOSH)	6:00pm Tuesday 20 December 2022	6:30am Friday 27 January 2023
CCC Family Day Care Office	4:30pm Thursday 22 December 2022	8:00am Monday 9 January 2023

School Holiday Care

Opens

Closes

· Guildford West

· Ringrose

· Sherwood Grange

7:00am Monday 9 January 2023

6:00pm Wednesday 25 January 2023

Note: All centres/services are closed on Public Holidays

Children’s and Youth Services

Service Type	Close	Re-open
Children, Youth and Recreation Programs	Friday 16 December 2022	Monday 9 January 2023

The Granville Centre Art Gallery

Will be closed from noon Friday, 23 December 2022 until Friday, 13 January 2023.

Staffed Community Centres

Operating arrangements for staffed Community Centres will be as follows:

Staffed Community Centres (Auburn, Berala, Guildford)
Friday 23 December 2022	Closed from noon
Monday 26 December 2022	Closed – boxing day public holiday
Tuesday 27 December 2022	Closed – public holiday (additional)
Wednesday 28 December 2022	Closed
Thursday 29 December 2022	Closed
Friday 30 December 2022	Closed
Monday 2 January 2023	Closed – public holiday (additional)

Note: All centres will be available for pre-bookings during these periods and access can be arranged prior to 23 December, however the centres will not be staffed.

Seniors and Disability Services

Operating arrangements for Seniors and Disability Services will be as follows:

Program/Service

Last Program 2022

First Program 2023

Social Inclusion

Final program on

Wednesday 21 December 2022

Staffed until Friday 23

December 2022

Closed between Christmas

and New Year

First Program

Monday 9 January 2023

Nutrition Services

Final delivery

Wednesday 21 December 2022

Staffed until Friday 23

December 2022

Closed between Christmas

and New Year

First Delivery

Tuesday 3 January 2023

Disability Services

Final Program Friday 16

December 2022

Staffed until Friday 23

December 2022

Closed between Christmas

and New Year

First Program

Wednesday 11 January 2022

Parks Maintenance

Staff will be rostered on to work every day except for Christmas Day, however there will also be staff rostered on-call on every day of the shutdown period to attend to emergencies and ensure continuity of essential services throughout this period.

Swimming Pools

During the period between Tuesday 27 December 2022 and Tuesday 3 January 2023 all aquatic centres will operate on amended hours, 9.30am to 8.00pm, with the exception of Granville Pool which will open at 7am. All aquatic centres will be closed on Christmas Day and Boxing Day. On Christmas Eve (Saturday 24 December 2022) and New Years Eve (Saturday 31 December 2022) all aquatic centres will close at 5.30pm.

From Tuesday, 3 January 2023 normal operating hours will resume across all operational aquatic centres.

Council’s golf courses and Botanic Gardens will be closed on Christmas Day and then will resume normal operating hours.

The Granville Centre, Holroyd Centre and Eric Tweedale will be closed on Christmas Day and Boxing Day and then will open subject to bookings. The Eric Tweedale Gym will be closed Christmas Day and Boxing Day and then will resume normal operating hours.

Community Engagement

Upon confirmation of the operating arrangements for the various services outlined in this report, these details will be published to the community via the relevant channels.

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 operating arrangements proposed in this report for the 2022/23 Christmas/New Year period allow Council to ensure that service obligations to the community are balanced with the need to allow staff to take leave during gazetted public holidays and adjoining dates. Further details regarding the contact numbers for on-call officers will be made available to councillors once confirmed.

Attachments

Nil

Council Meeting

19 October 2022

Item No: C10/22-171

Community Grants - Round 1 Funding Recommendations

Responsible Division: Community and Organisation Development

Officer: Director Community and Organisation Development (Deputy GM)

File Number: DSN 9666843

Community Strategic Plan Goal: Supporting Community Health, Safety and Wellbeing

Summary

Council is committed to building strong and resilient communities in the Cumberland Local Government Area (LGA) and to maximising social wellbeing. Council helps our community to achieve these goals by providing financial support through grants to enhance capacity and resilience, increase participation in community activities, and address identified social issues.

Council adopted a $500,000 annual funding pool for community grants, split into three Rounds in 2022/2023. This report provides Round 1 funding recommendations under the three streams (Community Participation, Employment and Education Pathways and Small Grants) of the Community Grants Program for Council’s consideration.

Recommendation

That Council :

1. Adopt the 18 applications recommended for funding in Attachment 1 and allocate the $169,885 from the Community Grants Program budget 2022/2023.

2. Advise all successful applications of the funding allocations from the Community Grants Program 2022/2023 and provide feedback and assistance to applicants that were unsuccessful.

Report

At the Ordinary Meeting of Council held on 3 August 2022, Council adopted the updated Grants and Donations policy which informs the Community Grants Program Guidelines for 2022/2023.

This report provides Round 1 funding recommendations under the three streams (Community Participation, Employment and Education Pathways, and Small Grants) of the Community Grants Program for Council’s consideration.

2022/2023 Community Grants Program Guidelines and Promotion

In accordance with the Community Grants and Donations Policy, detailed Guidelines for the Community Grants Program were made publicly available (included under Attachment 2).

The program was open from 4 August 2022 to 4 September 2022.

The Grants Program was promoted widely using the following methods:

· The Guidelines and Application form were available on Council’s website.

· Promotion of the Grants Program through Council’s social media channels.

· Emails were sent to community groups and key stakeholders.

Three streams of the Community Grants Program were offered:

· Community Participation

· Employment and Education Pathways

· Small Grants

In accordance with the Policy and the Guidelines, submitted applications were assessed against the published assessment criteria.

Grant Support Program

To assist applicants to develop their grant applications, Council provided the opportunity to book a timeslot to receive tailored one on one advice on their project and grant application, and a total of 6 applicants took up this option.

Assessment Process

The Community Grants Program is a competitive process with application assessed against the published criteria. Applications submitted for funding under the Program were assessed in two stages. This included :

Stage 1 : Eligibility Assessment

Council’s grant administrators conducted an eligibility assessment of all applications submitted. This included applications being submitted on time, being complete and meeting all eligibility criteria.

Stage 2 : Assessment Panel

An internal assessment panel consisting of relevant Council staff were convened to review and rank eligible applications against the assessment criteria. The panel consisted of staff from a cross-section of service areas.

Assessment Outcomes

A total of $170,000 across three funding streams was available in Round 1, 2022/2023. Council received a total of 27 applications.

Of the applications received, 18 are recommended for funding in this Round. Applications not recommended for this round of funding have either; not met the eligibility criteria, have incomplete or insufficient information or did not score as highly against the assessment criteria.

The following table provides a summary of the assessment outcomes:

Funding Stream	Number of Projects recommended	Total $ recommendation
Community Participation	14	$138,130
Education and Employment Pathways	2	$29,255
Small Grants	2	$2500
Total amount available in this round $170,000	18	$169,885

A full list of applications recommended by the Panel for funding for Round 1, 2022/2023 is included in Attachment 1 ‘Community Grants Program 2022-2023 Schedule of Applications and Recommendations’ for determination by Council.

Council staff will provide all unsuccessful applicants with an opportunity to receive tailored feedback on their grant application. This will provide applicants with an opportunity to improve their application and resubmit to future rounds of the Community Grants Program.

COmmunity Engagement

Council will notify all applicants of the outcome of their application. Unsuccessful applicants will be offered feedback and supported to reapply for a subsequent rounds of funding.

Information about the Cumberland Community Grants Program including detailed guidelines will be widely promoted and made available to the community for the Community Grants Program rounds 2 and 3 (November and March respectively).

Policy Implications

The Community Grants and Donations Policy outlines the framework under which grants and donations made by Council to the community are governed. The Policy ensures Council meets legislative requirements prescribed in Section 356 of the Local Government Act 1993.

All applications submitted to the Community Grants Program have been assessed in accordance with this Policy and the published Community Grant Guidelines.

Risk Implications

Successful applicants will be required to enter into a funding agreement with Council and meet all requirements of project delivery, reporting and acquittal.

Financial Implications

A total of $170,000 is available in the Community Grants Program 2022/2023 budget for Round 1 to fund the projects as recommended.

Community Grants Program	Annual Budget	Round 1 Budget	*Recommended funding in this report*	Remaining
Community Grants Program	$500,000	$170,000	$169,885	$330,115

CONCLUSION

The Cumberland Community Grants Program aims to support the delivery of services and programs that build a vibrant and sustainable Cumberland. Funded projects should deliver increased participation in community activities and address identified social issues. The projects recommended aim to deliver significant community benefits across the Cumberland LGA.

Council has put in place appropriate acquittal and accountability measures for recipients of the Community Grants Program to ensure funds are spent in accordance with the Guidelines.

Attachments

1. Community Grants Program 2022-2023 Schedule of Applications and Recommendations

2. Community Grants Program Guidelines 2022 - 2023

Council Meeting

19 October 2022

Item No: C10/22-172

Report on Variations for Development Standards Approved under Delegation - July to September 2022 Quarter

Responsible Division: Environment & Planning

Officer: Director Environment & Planning

File Number: PS20/002

Community Strategic Plan Goal: Enhancing the Natural and 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 those 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 were the Auburn LEP 2010, Holroyd LEP 2013 and Parramatta LEP 2011. It is currently the Cumberland LEP 2021.

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 55 of the Environmental Planning and Assessment Regulation 2021 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
July - September 2022 Quarter

DA2022/0127 10 August 2022 DA 2021/0679 9 September 2022.	18 Norval Street Auburn 44 Winnima Circuit Pemulwuy	Conversion of existing garage to a secondary dwelling pursuant to SEPP Housing 2021 and construction of a carport. Construction of a four (4) storey mixed use development comprising a childcare facility for 91 children, medical centre, 2 x neighbourhood shops, kiosk and a gymnasium with rooftop swimming pool over two levels of basement parking.	Under the SEPP the policy states the minimum site area required for a secondary dwellings is 450m2. Proposed site is 438m2. Height of building under the Cumberland LEP 2021. Permitted 12.5 metres. Proposed 13.64 metres.	2.7%. · The DCP 2021 requires a minimum lot size of 380sqm for a secondary dwelling. The site area is compliant with the DCP requirement. 9.12%. · The height exceedance is related to the lift overun and parapet wall. The increase does not impact on habitable floors.

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

Council Meeting

19 October 2022

Item No: C10/22-173

Planning Proposal and Draft Voluntary Planning Agreement for 239 Merrylands Road, Merrylands

Responsible Division: Environment & Planning

Officer: Director Environment & Planning

File Number: PP2021/0001

Community Strategic Plan Goal: A resilient built environment

Summary

On 21 July 2021, Council endorsed a planning proposal for 239 Merrylands Road, Merrylands (formerly 233 and 249-259 Merrylands Road and 52 McFarlane Street, Merrylands) to be forwarded to the Department of Planning and Environment (the Department) for a Gateway Determination. At the same meeting, Council resolved to prepare a Voluntary Planning Agreement to derive public benefit should a Gateway Determination be received.

On 4 March 2022, the Department issued a Gateway Determination endorsing the planning proposal for public exhibition, subject to certain changes being made to the proposal. Consistent with the Gateway Determination, Council officers updated the planning proposal and placed it on public exhibition.

As required by Council’s resolution, Council officers also prepared a draft Voluntary Planning Agreement based on a letter of offer from the proponent and reported to Council’s meeting of 20 July 2022. The Agreement included the delivery of a street sweeper parking and storage space with other amenities for use by Council in perpetuity, as well as a monetary contribution towards local infrastructure improvements and public domain upgrades in the Merrylands Town Centre. The draft Agreement was notified in accordance with legislative and policy requirements.

This report outlines submissions received during public exhibition of the planning proposal and notification of the draft Voluntary Planning Agreement. It is recommended that Council adopts and finalises the Planning Proposal to proceed to plan making as delegated by the Minister. It is also recommended that Council adopts and delegates authority to the Mayor and General Manager to execute the Voluntary Planning Agreement.

Recommendation

That Council:

1. Adopt the exhibited planning controls for 239 Merrylands Road, Merrylands, as resolved by Council and revised following a Gateway Determination, being:

a. Height of Building control of 64 metres for proposed building D and Height of Building control of 84 metres for proposed building E

b. Floor Space Ratio control be increased to 7:1 for proposed buildings D and E.

2. Finalise the Planning Proposal, as delegated by the Minister, following execution of the Voluntary Planning Agreement and registration on title.

3. Endorse and delegate authority to the Mayor and General Manager to execute the Voluntary Planning Agreement on behalf of Council for 239 Merrylands Road, Merrylands, as provided in Attachment 2.

4. Note that the Local Environmental Plan amendment will be published on the NSW legislation website and in the Government Gazette upon finalisation.

Report

Planning Proposal

Background

A Planning Proposal request was lodged with Cumberland City Council in April 2021 for 233, 249-259 Merrylands Road and 52-54 McFarlane Street, Merrylands, (currently known as 245 and 239 Merrylands Road and 52 McFarlane Street, Merrylands) which sought to increase the maximum height of buildings and floor space ratio controls for the site under the former Holroyd Local Environmental Plan (LEP) 2013. Merrylands Investment Co Pty Ltd (Coronation) is the applicant for this proposal.

The proposal was considered by the Cumberland Local Planning Panel on 4 June 2021. On 21 July 2021, Council considered a report on the planning proposal request for former 233, 249-259 Merrylands Road and 52-54 McFarlane Street, Merrylands (currently 245 and 239 Merrylands Road and 52 McFarlane Street, Merrylands). At this meeting, Council resolved to:

“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.”

Figure 1: Location of Planning Proposal and Voluntary Planning Agreement

On 4 March 2022, the Department of Planning and Environment issued a Gateway Determination and endorsed that the proposal proceed with delegations issued by the Minister for public exhibition, subject to the following changes being made:

a) remove the proposed height of building of 77m for Building A from the planning proposal;

b) amend the proposed FSR to 7:1 (Buildings D and E);

c) amend the proposed maps to ensure consistency with the lettering approach used by Council and insert a legend;

d) remove references to Holroyd LEP 2013 and replace with Cumberland LEP 2021;

e) amend the response to demonstrate consistency in relation to Section 9.1 Direction 6.2 Reserving Land for a Public Purpose; and

f) amend the traffic impact study in line with the proposed uplift. “

Based on the Gateway Determination issued and notification of Cumberland LEP 2021 in November 2021, Council officers further revised the planning proposal to reflect the proposed planning controls sought under the Cumberland Local Environmental Plan 2021 and amended the land to which the proposal applied to 239 Merrylands Road, Merrylands (proposed Buildings D and E) as follows:

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

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

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

b. Increase the Floor Space Ratio control for Buildings D and E from 5.5:1 to 7:1.

Council officers updated the planning proposal in accordance with the Gateway Determination, and the revised proposal was placed on public exhibition.

An altered Gateway Determination was issued by the Department of Planning and Environment on 15 August 2022 to remove the condition where exhibition must commence within 3 months following the date of the Gateway Determination. This was undertaken by the Department to reflect the additional time required to update the relevant studies in accordance with the Gateway Determination and enable Council to finalise negotiations and consider the Voluntary Planning Agreement.

Public exhibition

The updated Planning Proposal was placed on public exhibition from 15 June 2022 to 14 July 2022 for a period of 30 days. During this time, the exhibition material was made available on Council’s Have Your Say page and the NSW Government’s planning portal. Owners and occupiers within a 200-metre distance of the subject site also received written notification on the proposal.

Community submissions

During the public exhibition of the planning proposal, two community submissions were received. Key concerns raised in community submissions include objections to the proposed density and uplift, potential impacts on amenity, traffic and parking and dwelling mix. A summary and response to the submissions is provided as an attachment to the report.

Public Agency submissions

As per the Gateway Determination issued, Council also consulted the proposal with Transport for NSW, to which no major issues or concerns were raised with regards to the revised proposal.Transport for NSW considered the proposed change was a minor uplift and had no objections raised to the proposal. Any further traffic and transport impacts as a result of the proposed uplift to this proposal will be further assessed when a DA is lodged for the proposal.

A submission was also received from Endeavour Energy expressing some minor concerns that the development’s proposed uplift would also need to consider and meet additional electricity infrastructure provisions as required. Any further impacts on electrical service infrastructure will be further assessed when a DA is lodged for the proposed uplift in the future.

All public authority submissions received did not object to progressing the proposal in principle but raised matters that would need to be dealt in detail when a development application is lodged or modified for the proposal if the proposal proceeds to notification. Council also did not receive any submissions requesting a hearing.

Next steps

The issues raised in the community and public authority submissions have been considered by Council officers. These matters have either been responded as part of this report or are matters which can be addressed in detail at the development application stage. No changes to the Planning Proposal are proposed in response to the public submissions.

It is recommended that Council endorse and finalise the Planning Proposal to proceed to plan making. Subject to endorsement, the proposal intends to be undertaken as a mapping amendment to the existing Cumberland LEP 2021 to amend existing FSR and Height of Buildings controls proposed for the site.

Voluntary Planning Agreement

Background

Following a resolution by Council in July 2021 to derive public benefit on the planning proposal, an offer was received by the proponent to Council and a draft Voluntary Planning Agreement prepared. The draft Agreement proposes the provision of a sweeper parking and storage facility with some amenities for Council’s exclusive use in perpetuity to be located within the proposed development (buildings D or E), to provide a location where facilities to support the cleansing of public domain in the growing Merrylands Town Centre can be efficiently operated. A monetary contribution towards ongoing local infrastructure improvements and public domain upgrades in the Merrylands Town Centre. An offset from section 7.11 local infrastructure contributions is also proposed in the Agreement, based on the value of the sweeper parking and storage facility.

The offer and draft Voluntary Planning Agreement was considered by Council in July 2022 and endorsed to progress to notification.

Notification

Following Council’s resolution, the draft Voluntary Planning Agreement was notified from 3 August 2022 to 30 August 2022 on Council’s Have Your Say page on website for a period of over 28 days. Hardcopies of the voluntary planning agreement were also provided at Auburn and Merrylands customer service centres.

Submission

Council has received one (1) community submission at the close of exhibition on 30 August 2022. Key concerns raised in the community submission include objections to have your say page, draft schedules, why 50% is adopted for negotiations to apportion costs as a result of value uplift, does the Agreement include community benefit and ongoing maintenance costs. A summary and response to the submission is provided as an attachment to the report.

Next steps

The issues raised in the submission on the draft Voluntary Planning Agreement have been considered by Council officers. These matters have been responded as part of this report.

Given some of the issues raised in the submission, a further review by Council’s legal advisor for the Voluntary Planning Agreement has also been undertaken to ensure that the information included is accurate. Following this review, minor administrative changes have been made to the Agreement in regard to the reference of the Australian Company Number rather than the Australian Business Number reference (noting that the number provided in the draft version is correct), as well as amending a typographical issue in Schedule 2 numbering to reflect existing items as A, B and C which was drafted as A, B and B. These changes are minor that do not change the intent or scope of the Voluntary Planning Agreement, and therefore do not require a re-notification of the document.

It is recommended that Council endorse and delegate authority to the Mayor and General Manager to execute the Voluntary Planning Agreement on behalf of Council for 239 Merrylands Road, Merrylands.

Community Engagement

Consultation processes for the proposal are outlined in the main body of the report.

Policy Implications

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

Risk Implications

There are minimal risk implications for Council associated with this report. This report’s recommendation stipulates that the Voluntary Planning Agreement must be executed and registered on title prior to the Local Environmental Plan (LEP) amendment being finalised. All statutory and Council policy requirements have been met.

Financial Implications

Financial implications for Council regarding the Voluntary Planning Agreement are outlined in the main body of the report.

CONCLUSION

As required by Council’s resolution, the draft Planning Proposal and draft Voluntary Planning Agreement have been prepared and publicly exhibited. It is recommended that Council finalise the Planning Proposal as per delegations issued and endorse and delegate authority to execute the Voluntary Planning Agreement.

Attachments

1. Planning Proposal

2. Voluntary Planning Agreement

3. Altered Gateway Determination

4. Summary of Public Submissions - Planning Proposal

5. Public Agency Submissions - Planning Proposal

6. Summary of Submission - Voluntary Planning Agreement

7. Engagement Evaluation Report - Planning Proposal

8. Engagement Evaluation Report - Voluntary Planning Agreement

Council Meeting

19 October 2022

Item No: C10/22-174

Planning Proposal for 245-247 Great Western Highway, South Wentworthville

Responsible Division: Environment & Planning

Officer: Director Environment & Planning

File Number: PP2022/0003

Community Strategic Plan Goal: Enhancing the Natural and Built Environment

Summary

Council has received a planning proposal for 245-247 Great Western Highway, South Wentworthville, that seeks to facilitate the development of a 76-room hotel or motel as well as ancillary facilities for the western part of the site, as well as restore the ‘Wattles house’, a local heritage item, via adaptive reuse as a restaurant or café for the eastern part of the site.

The planning proposal seeks to amend the Cumberland Local Environmental Plan 2021 for 245-247 Great Western Highway, South Wentworthville, through a local provision regarding the proposal to:

· Allow for the Height of Building control on the western part of the site where the proposed hotel or motel is to be located to be 27 metres

· Allow for a Floor Space Ratio control for the site of 1:1 in response to the proposal.

· Identify a restaurant or café as additional permitted uses on the existing Wattles heritage house located on the eastern part of the site.

· Identify hotel or motel accommodation (not exceeding 76 hotel/motel rooms and a gross floor area of 3,040m2) and other ancillary hotel/motel facilities, including roof top outdoor dining, as additional permitted uses on the western part of the site.

A site-specific Development Control Plan has been prepared to guide future development on the site. The Proponent has also elected to enter into a Planning Agreement with Council for the provision of public benefit.

The proposal was placed on early consultation and reported to the Cumberland Local Planning Panel in July 2022. The Panel supported the Council officer recommendation to proceed to a Gateway Determination and provided further advice, as outlined in this report.

It is recommended that Council endorse the planning proposal and that this be forwarded to the Department of Planning and Environment for a Gateway Determination. It is also recommended that Council endorse the draft site specific Development Control Plan, and that a Voluntary Planning Agreement be prepared to derive public benefit, should a Gateway Determination be received.

Recommendation

That Council:

1. Endorse a planning proposal for 245-247 Great Western Highway, South Wentworthville, to amend the Cumberland Local Environment Plan 2021 with a local provision for the proposal as follows:

a. Allow for the Height of Building control on the western part of the site where the proposed hotel or motel is to be located to be 27 metres

b. Allow for a Floor Space Ratio control for the site of 1:1 in response to the proposal.

c. Identify a restaurant or café as additional permitted uses on the existing Wattles heritage house located on the eastern part of the site.

d. Identify hotel or motel accommodation (not exceeding 76 hotel/motel rooms and a gross floor area of 3,040m2) and other ancillary hotel/motel facilities, including roof top outdoor dining, as additional permitted uses on the western part of the site.

2. Endorse that the planning proposal be prepared and forwarded to the Department of Planning and Environment for a Gateway Determination.

3. Endorse the draft site-specific Development Control Plan associated with the planning proposal for 245-247 Great Western Highway, South Wentworthville, as provided in Attachment 2.

4. Note that, subject to the receipt of a Gateway Determination by the Department of Planning and Environment, the planning proposal and site-specific Development Control Plan for 245-247 Great Western Highway, South Wentworthville, will be exhibited concurrently.

5. Endorse that a Voluntary Planning Agreement be prepared to derive public benefit, should a Gateway Determination be received.

Report

Background

On 18 February 2022, NRB Property Group Pty Ltd lodged a Planning Proposal Request to amend the development controls applying to 245- 247 Great Western Highway, South Wentworthville to facilitate the development of the site for a 76-80 room hotel/motel accommodation and ancillary uses on its western side and to also restore the locally heritage listed Wattles Heritage House through use as a food and drink premise.

The planning proposal seeks to amend the Cumberland Local Environmental Plan 2021 for 245-247 Great Western Highway, South Wentworthville, to:

· Amend the maximum Height of Building control from 9m to 21m for the future hotel/motel accommodation on the western side of the site.

· Introduce a proposed Floor Space Ratio of 1:1 for the entire site.

· Amend Schedule 1 to include ‘food and drink premises’ as additional permitted uses for Wattles Heritage House and ‘hotel or motel accommodation’ as additional permitted uses for the western part of the site.

The proponent revised this request on 27 April 2022 to increase the proposed building height from 21 to 25 metres.

The status of the planning proposal is shown in Figure 1.

Figure 1: Planning Proposal status

The Site and its context

The site at 245-247 Great Western Highway, South Wentworthville is a large (4,775m2) irregular shaped allotment bounded on all sides by major roads, including the Great Western Highway and Liverpool-Parramatta T-way on the northern boundary, the M4 Smart Motorway to the south, and the M4 on-ramp to the south-east (Figure 2).

The south-eastern part of the site is occupied local heritage item, ‘The Wattles’. The rest of the site is vacant and unoccupied. The surrounding area is dominated by older-style low density residential developments.

As shown in Figure 3, the site is located approximately 2km from Parramatta CBD, 1.5km from Wentworthville Principal Local Centre, 1.2km from the Westmead Health and Education Precinct and the broader Greater Parramatta and Olympic Peninsula (GPOP) area. The Coleman T-way bus stop provides a regular bus service between Parramatta and Liverpool.

Figure 2: The site and its local context

Figure 3. Regional context

Objectives and intended outcomes

The Planning Proposal Request seeks to facilitate redevelopment of the site for:

· A 76 room, 5-6 storey hotel/motel and other ancillary hotel/motel facilities including a rooftop dining/bar, pool, gymnasium, conference room, health and well-being centre, and basement car parking on the western side of the site.

· Restoration of an existing locally heritage significant item (the Wattles house) via adaptive reuse as a restaurant or café to be opened up to the public on the eastern side of the site with some improvements in the longer term.

An indicative concept plan of the proposal development is shown in Figure 4.

Figure 4: Indicative concept plan

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Figure 5: Concept view showing the proposed hotel and existing heritage house

The site is subject to an active consent for the construction of a two-storey, 48 room motel/motel, rooftop dining/bar, basement car parking and alterations to ‘The Wattles’ for use in conjunction with the motel. The application was approved by the former Holroyd City Council on 28 October 2010 (DA2010/93/1).

Explanation of provisions

Under the Cumberland LEP 2021, the subject site is zoned R2 Low Density Residential and is subject to a maximum building height of 9m. The Wattles Heritage House, a locally listed item is also located on the site. There is no FSR for the site.

The current and proposed planning controls in accordance with Cumberland LEP 2021 are summarised in Table 1 and shown graphically in Figures 5 to 9.

	Current Planning Controls	Proposed Planning Controls
Zone	R2 Low Density Residential	Retain existing R2 Zone
FSR	NA	1:1
Height of Building	9m	25m
Additional Permitted Uses	NA	Introduce ‘hotel or motel accommodation’ as a permitted use on the western part of the site and ‘food and drink premises’ as permitted uses within the Wattles heritage house on the eastern part of the site.
Heritage Provisions	Locally Heritage listed item	No change

Table 1: Current and proposed controls for the site

Figure 6: Existing land zoning (R2 Low Density Residential)

Figure 7: Existing height of buildings (J-9m)

Figure 8: Existing FSR (no FSR on R2 Low Density Residential zone)

Figure 9: Existing heritage items

Public benefit offer

The Proponent has elected to enter into a Voluntary Planning Agreement to deliver a range of public and material benefits including:

· Public domain upgrade and footpath connection on the southern side of the Great Western Highway frontage.

· Environmental Heritage Item Conservation and Enhancement Works, including the restoration of a locally significant heritage item (The Wattles) heritage house and landscaped gardens.

· Any further contributions to meet policy requirements which could contribute towards Westmead south precinct which is in close proximity of the subject site.

Early consultation

The Planning Proposal Request was placed on early consultation from 2 March 2022 to 29 March 2022 in accordance with Council’s Planning Proposal Notification Policy requirements.

The proposal and supporting material were published on the have your say page on Council’s website, through social media and included a direct mailout to surrounding landowners and occupants located. The proposal was also referred to relevant Council officers, former members of Council’s Heritage Committee, Heritage NSW and Transport for NSW.

Community submissions

Three (3) community submissions were made by local residents, including one submission in support of the proposal and two submissions from former and current members of Council’s Heritage Committee members which, while generally supportive of the restoration and adaptive re-use of The Wattles, raised concerns about the proposal.

Key concerns raised in community submissions included:

· Traffic, access, and overflow and onsite parking.

· Lack of access to open space.

· Poor amenity due to the location on a busy state road.

· Lack of pedestrian crossings.

· Potential precedent for allowing hotels in low density residential areas.

· Potential built form impacts, view lines on the existing heritage house.

Agency submissions

On 4 April 2022, Transport for NSW (TfNSW) raised concerns regarding the proposal and recommended amendments to address potential vehicular access and safety issues and to reduce traffic volumes and parking requirements. Following a response by the proponent, TfNSW provided an amended submission on 22 June 2022 that provided further design guidance and more flexible options for mitigating potential impacts. The matters raised in TfNSW submissions are further discussed in this report.

On 26 May 2022, NSW Heritage advised that as there were ‘no direct impacts identified on items listed on the State Heritage Register.’ Heritage NSW do not require any further referral/consultation on this planning proposal. Heritage issues are further discussed in this report.

Cumberland Local Planning Panel

The proposal was reported to the Cumberland Local Planning Panel on 13 July 2022, including a recommendation that the proposal be amended and forwarded to the Department of Planning and Environment for a Gateway Determination. A comparison of the Planning Proposal Request, Council officer recommendation and Panel recommendations is provided in Table 2.

Control	Existing	Proponent’s revised proposal request	Initial Officer recommendation to Panel	Panel advice
Land zoning	R2	No change.	No change	No change.
Height of Buildings	9m	25m (5-6 storeys) be applied across the entire site.	18m (4 storeys) be applied to proposed hotel and motel development and rest of the site	Undertake further urban design analysis/testing. Consider options above 18 metres.
Floor Space Ratio	No FSR	1:1 within R2 zone	1:1 within R2 zone	Undertake further urban design analysis and testing
Additional Permitted Uses	N/A	Amends Schedule 1 of the CLEP 21 to Introduce ‘hotel or motel accommodation’ and ‘food and drink premises’ as permitted uses for the site.	Amend Schedule 1 of the CLEP 21 to introduce ‘hotel or motel accommodation’ (capped with a limit of 76 units) and permit ‘restaurant or café use’ as a permitted use for the existing heritage house.	Amend Schedule 1 of the CLEP 21 to Introduce ‘hotel or motel accommodation’ (capped with a limit of 76 hotel/motel units) to the western portion of site and introduce a ‘restaurant or café’ use for the existing heritage house.
Existing Heritage on and around site	I244- The Wattles I255 - Milestone Group I00204 - Essington	No change	No change	No change

Table 2: Comparison of Recommendations for Planning Proposal

In summary, the Panel generally agreed with the Council officer recommendation and also recommended that:

· Further urban design analysis is required to determine height and floor space ratios for the site to ensure the appropriate separation of a future hotel/motel from the heritage item, protect and improve view lines to the heritage item and align with the future planned character of the area. Subject to detailed urban design analysis, differential heights may be appropriate across the site. The Panel considers further urban design analysis could explore if heights greater than the heights recommended by the officers are appropriate for parts of the site.

· The urban design analysis should consider view lines to The Wattles, overshadowing impacts and recommendations made by Council’s external heritage consultant.

· Site access and circulation arrangements need to be further considered and addressed to ensure the requirements of Transport for NSW can be satisfied.

· Site access arrangements should be reviewed to consider moving the site ingress to the western edge of the site, providing appropriate circulation around the site and safe access for deliveries and waste removal.

Response to Cumberland Local Planning Panel advice

Following the Panel’s advice, a consultant urban designer (Olsson Architects) was engaged by Council to undertake additional urban design analysis and testing to determine if higher building heights could be applied to parts of the site within the recommended 1:1 FSR and impacts on the local heritage item, consistent with the Panel recommendations. The urban design advice provided to Council is attached to the report.

Urban Design

As part of this additional work, the urban designer modelled four schemes (options):

· Scheme 1: initial proposed concept plan for the site.

· Scheme 2: alternate concept plan provided to Cumberland Local Planning Panel.

· Scheme 3: revised scheme following advice from Cumberland Local Planning Panel.

· Scheme 4: hybrid scheme based on Scheme 2 and Scheme 3.

These schemes are also shown graphically in Figure 10.

Figure 10: Urban design schemes tested for the site

Based on the modelling undertaken, the urban design advice recommended Scheme 4 as the preferred option (shown in Figure 11) for the proposed site.

Figure 11: Concept plan for Scheme 4 (preferred urban design modelling option)

Council officers have reviewed the urban design advice provided and support the preferred option (Scheme 4) for the following reasons:

· The proposed scheme includes a part 6 storey (27m Height of Building) and part 4 storey (18m Height of Building) development for the proposed hotel or motel development via the provision of building setbacks and envelope controls on the western portion of the site. This scheme also includes a three storey building component on its eastern edge to relate with the existing building height and scale of the heritage listed Wattles house, which is around 1.5 storeys.

· Resolves site access entry/exit points from the site’s western edge, which is considered as Transport for NSW’s preferred option.

· Provides increased landscaped and garden area setting around the Wattles house.

· Includes a minimum building separation distance of 40m from the west of the heritage house to motel development to minimise built form and scale impacts.

· Consolidates all on-site parking provisions including waste collection and access delivery vehicles to a basement car park underneath the proposed hotel and motel development and with turning confirmed with built form modelling and testing.

· Storeys proposed beyond the fourth level are well set back to minimise built form, scale, massing, shadow, views and viewline impacts to existing heritage house.

· Establishes and protects the existing heritage house curtilage and setting.

· Is consistent with the recently constructed medium/high-rise mixed-use apartment buildings to the east and west of the site, as well as with the objectives of the R2 Low Density Residential zone.

The Proponent was provided an opportunity to review and provide feedback on the urban design advice. The Proponent advised Council that, while their preference was for Scheme 1, the progression of Scheme 4 as Council’s preferred urban design option is acceptable, and requested testing a scenario to increase the building height of 21m and 28m. The urban design advice considered the Proponent’s response and tested the preferred Scheme 4 with the alternate building heights; however this was not supported.

Building height and scale

Consistent with the preferred urban design option (Scheme 4), it is recommended that a 27 metre maximum building height (up to six storeys with plant and lifts) be applied to the western portion of site and that the 9m height be retained for the eastern side of the site. This is shown graphically in Figure 12. It is considered that the recommended building height satisfies the building height objectives of the Cumberland LEP, and allows sufficient flexibility to achieve a good design outcome.

Figure 12: Maximum building heights as applied to concept plan for Scheme 4

The proposed 27m building height does not create a precedence in the area, as there are several 4, 5 and 6 storey developments along the Great Western Highway within close proximity of the site. However, those developments are not located next to ‘The Wattles’ heritage item or the site.

A maximum FSR of 1:1, which can be accommodated by Scheme 4, will also ensure future development on the site is consistent with the R2 Low Density Residential zoning and sympathetic to the heritage significance of the Wattles Heritage House.

Overshadowing

As provided in the urban design advice, the preferred option (Scheme 4) results in the least amount of shadow overcast for 9am, 12noon and 3pm (during winter solstice) when compared with the other schemes. Scheme 4 also satisfies the benchmark of 6 hours of direct sunlight.

View lines

The proposal has the potential to adversely impact views to the local heritage item from the Great Western Highway. Through the urban design advice, it is considered that Scheme 4 would maintain and improve view lines to the heritage item from the Great Western Highway, as shown in Figure 22. The preferred option also provides a sufficient space around the local heritage item to allow for the establishment of a landscape setting, which would enhance the value of the item.

Figure 13: View lines as applied to concept plan for Scheme 4

Site access constraints

The urban designer tested Transport for NSW’s recommendation to relocate the site access/exit points to the western side of the site and confirmed that this could be achieved via Scheme 4. The external urban design advice also tested the vehicle access and movement, circulation, turning, car parking and access for waste and delivery vehicles, as recommended by the Panel and Transport for NSW, and determined that these recommendations could be achieved with the concept design for the preferred option (Scheme 4) and relevant planning controls.

Access and parking

The Planning Proposal Request proposed site entry on the sites east in close proximity to the existing M4 motorway access on ramp and existing traffic signals which could potentially pose risk and safety issues for existing buses and vehicles travelling on the existing bus transitway and the Great Western Highway when turning on to site. This could also result in overflow parking on to the bus transitway and highway, due to the scale of the proposed hotel or motel development. Through the urban design advice, the preferred option (Scheme 4) addresses this issue by relocating the site access to the west.

Development controls

It is important to note that whilst Scheme 4 reflects the preferred future development scenario for the site, key development controls are also required to guide future development on the site. Further information on this is provided in the report.

Site-Specific Development Control Plan

A draft site-specific Development Control Plan (draft DCP) has been prepared to guide the future development of the site. Key elements of the draft DCP include:

· An indicative masterplan, showing the proposed location of proposed land uses to be delivered on the site.

· Objectives and controls for development of the site, including land use, built form, solar access, open space, movement and access, managing transport demand, heritage and stormwater.

The draft DCP incorporates specific requirements provided through agency consultation, heritage advice provided to Council and urban design advice provided to Council.

Strategic Merit Assessment

The recommended proposal is broadly consistent with the strategic planning framework and policy context, as outlined below.

Consistency with Greater Sydney Region Plan - A Metropolis of Three Cities

The recommended proposal is consistent with the Greater Sydney Region Plan, including:

· Objectives 3 and 4. Infrastructure aligns with forecast growth and infrastructure use is maximised: The proposal and its proposed uses will allow for more intense activity and use of land within walking distance to a strategic bus corridor and is also located adjacent to M4 Motorway and Great Western highway.

· Objective 6. Services and Infrastructure meet the community’s changing needs: This proposal endeavours to provide a hotel and motel development on site and to conserve an existing heritage item via adaptive re-use to be opened to the public.

· Objective 10. Greater housing supply: the proposal provides short term or temporary transit accommodation solution as an additional permitted use for the R2 zoned site.

· Objective 13. Environmental heritage is identified: The proposal will enable the conservation and enhancement of an existing local heritage item, the Wattles house on site.

· Objectives 15 and 19. A Metropolis of Three Cities: integrated land use and transport creates walkable and 30-minute cities and Greater Parramatta is stronger and better connected: The proposal will provide temporary or short term accommodation facilities as a transit hotel/location to incoming public, visitors and tourists, workers on a strategic transport corridor.

· Objective 22. Investment and business activity in centres: the proposal seeks to generate approximately 40 additional jobs, approximately 76 motel/hotel units.

· Objectives 28 and 30. Scenic and cultural landscapes are protected, and urban tree canopy cover is increased. Through appropriate separation distances, the proposal will maintain a visual garden setting around the existing heritage cottage.

Consistency with the Central City District Plan

The amended proposal is consistent with the following Planning Priorities of the Central City District Plan including:

· Planning Priority C1. Planning for a city supported by infrastructure: this planning proposal will supply social related infrastructure and contribute towards transport infrastructure improvements.

· Planning Priority C3. Providing services and infrastructure to meet people’s changing needs: This planning proposal will provide a hotel or motel development and encourage the adaptive re-use and enhancement of an existing heritage item.

· Planning Priority C4. Fostering healthy, creative, culturally rich, and socially connected communities: the proposal will provide a hotel/motel development with associated facilities.

· Planning Priority C5. Providing housing supply, choice, and affordability, with access to jobs, services and public transport: The proposal enables short term transit accommodation provisions located closer to a strategic bus transport corridor and state roads.

· Planning Priority C6. Creating and renewing great places and local centres and respecting the district’s heritage: The planning proposal contributes to the restoration and enhancement of the Wattles heritage cottage.

· Planning Priority C10. Growing investment, business opportunities and jobs in strategic centres: This planning proposal will provide access to jobs and services in Westmead and Wentworthville.

Consistency with Cumberland 2030: Our Local Strategic Planning Statement

The site is also located in a key strategic corridor in Cumberland and within a future housing investigation area, and is consistent with Cumberland 2030: Our Local Strategic Planning Statement, including:

· Planning Priority 5. Delivering housing diversity to suit changing needs: The proposal will deliver short term or temporary transit accommodation close to jobs, facilities and services.

· Planning Priority 8. Celebrate our natural built and cultural diversity: This proposal will provide a place for social interaction through the proposed hotel or motel development and restoration and further enhancement of the Wattles Cottage, which is an existing local heritage item.

· Planning Priority 11. Promote access to local jobs, education opportunities and care services: The proposal will result in the creation of new jobs and deliver a high-quality multi-level hotel or motel development and restore, conserve, and enhance the existing Wattles Cottage which is one of Cumberland’s oldest heritage items opened to the broader community, visitors and tourists.

· Planning Priority 13. Protect and enhance natural and green spaces and sporting facilities: The planning proposal will enable landscaping around the heritage item and provision of more trees to beautify the site and enhance the heritage significant wattles cottage and the hotel/motel and its broader surrounds including Great Western Highway.

Key Issues

Social and economic

The proposal will generate a number of social and economic benefits for the community associated with the restoration of a locally and historically significant heritage item via adaptive reuse for a restaurant or café to be used by the public and wider community and development of a hotel/motel and restaurant which will generate local jobs.

Urban design, built form, view lines and overshadowing

This report recommends that the proposed height control of 25 metres (5-6 storeys) be further increased to a maximum of 27 metres (including plant/services/lifts) be applied to the portion of site where the proposed hotel or motel development is proposed and supports a proposed FSR of 1:1 across the site. This would facilitate the construction of a hotel/motel of up to 6 storeys plus rooftop terrace (including plant and lifts) and hotel rooms (76 x 40m2 hotel/motel units, which equates to 3,040m2 (3-4 floors) or 0.63:1 of total GFA).

It is considered that the recommended amendments to the proposal are designed to avoid significant overshadowing, view line, bulk, scale and massing impacts to the local heritage item, supported by further detailed controls in the site-specific Development Control Plan.

Vehicular access and safety

The proposed vehicular access arrangements have the potential to create road safety issues for westbound motorists and buses travelling along the Great Western Highway and T-way corridor. Council officers requested that the Proponent provide further information to address the matters raised in Transport for NSW’s submission dated 22 June 2022, including:

· Provision of a deceleration/storage lane, consistent with Austroads guidelines, on the site’s northern boundary and relocate the entry/exit driveway as close as possible to the western property boundary. If the above recommendation is not feasible or achievable, consider redesigning the internal driveway to provide space for vehicles to be stored onsite rather than queuing on the Great Western Highway and/or T-way.

· Provide mitigation and/or management measures to ensure appropriate on-site manoeuvring, adequate vehicle turnaround facilities, and wayfinding signate to ensure vehicle travel paths are clear.

· Provide more clarity over the ‘worst case’ traffic and parking impacts, specifically by clarifying whether or not the proposed hotel/motel facilities will be for exclusive use by guests of the hotel/motel or open to the public, and lack of clarity over the number of rooms proposed.

It is noted that any future Development Application for the site would be required to demonstrate consistency with the provisions of the State Environmental Planning Policy (Transport and Infrastructure) 2021 (SEPP). In terms of vehicular access and safety, Clause 2.118 of the SEPP stipulates that a consent authority must not issue development consent unless:

(a) where practicable and safe, vehicular access to the land is provided by a road other than the classified road, and

(b) the safety, efficiency and ongoing operation of the classified road will not be adversely affected by the development as a result of—

(i) the design of the vehicular access to the land, or

(ii) the emission of smoke or dust from the development, or

(iii) the nature, volume or frequency of vehicles using the classified road to gain access to the land…

Transport for NSW requested local provisions be introduced into Part 6 of the Cumberland LEP to limit the use of hotel/motel facilities by guests only, and to require ‘suitable concurrence’ prior to issue of development consent. Council officers are of the view that these provisions are unnecessary as any future Development Application for the site will be:

· Required to demonstrate that the hotel/motel facilities are ancillary to the hotel/motel, otherwise the facilities would fall under the definition of ‘indoor recreation facilities and this land use is prohibited in the R2 zone.

· Clause 2.121 of the Transport and Infrastructure SEPP requires concurrence of TfNSW prior to issue of development consent for any development proposed on a State classified road and requiring more than 50 car parking spaces.

The urban design advice sought confirms the feasibility of the Transport for NSW’s preferred option for the site to relocate entry/ exit access to further west with transport movement, basement car parking, circulation and access to waste and delivery vehicles and on-site turning provisions. These requirements are included in the site-specific Development Control Plan.

Traffic, transport and parking

Consistent with the advice of Transport for NSW, this report recommends that the number of hotel/motel rooms to be capped at 76 rooms (not exceeding a gross floor area of 3,040m²) to address potential traffic and parking issues. The Proponent’s Transport Assessment Report indicates that, if the proposal was capped at this level, it would result in approximately 40 vehicle trips during peak times (30 trips for the hotel and motel and 10 trips for the proposed heritage cottage).

The Proponent’s Transport Assessment acknowledges that, based on the Cumberland DCP, a minimum of 106 parking spaces must be provided for the proposed hotel/motel development; however, only 79 parking spaces plus 6 motorcycle spaces are proposed. The proponent’s traffic report suggests that it is reasonable to reduce the number of parking spaces required as a large proportion of the customers of the proposed café and restaurant will be from the proposed hotel. Reduction to parking is not considered as acceptable by Transport for NSW advice and would need to demonstrate the minimum parking requirements could be met on site as per Cumberland DCP. Council officers agree with this position.

To ensure that traffic, transport, and parking issues are addressed, detailed controls are included in the site-specific Development Control Plan, based on information provided by the Proponent and requirements from Transport for NSW.

Heritage

The planning proposal is supported by a Heritage Impact Statement prepared by Sue Rosen Associates which concludes that, with appropriate refinement, the hotel/motel concept could be rendered to a solution that activates the site, while respecting and maintaining the heritage significance of The Wattles house. The advice notes that:

· The concept is preferrable to other options considered for the site, which include subdivision and construction of multiple dwellings, which would likely have unacceptable adverse impact on the significance of The Wattles and its setting.

· The proposed commercial uses have the potential to generate income to fund the ongoing conservation and maintenance of The Wattles and its setting.

· The proposal will allow the Wattles to be accessed and appreciated by a wider audience, and activates what could continue to be a ‘forgotten’ site.

· Compared to the approved multi-storey hotel (DA2010/93/1), the concept hotel/motel has been moved an additional 6 metres away to the west of The Wattles, retaining an appropriate curtilage.

· Views of the original building from the Great Western Highway will be maintained, if not improved; with potential for an exterior up-lighting installation and appropriately sympathetic signage to lift the presence of the historic site.

· To enable its adaptive reuse as a café/restaurant, there is opportunity to include a sympathetic low-scale addition to the rear of The Wattles to install amenities, commercial kitchen and associated services. This would mitigate impact on significant fabric, detailing and layout of the residence.

· The proposed additional height allowance increases the ability of the concept hotel/motel to be a viable business, providing short-term accommodation in easy distance of the Parramatta CBD.

· There is potential in the design to further mitigate the visual impact of the structure on The Wattles and surrounding streetscape at the detailed DA design stage. This could occur through the refining of form, material, colours and finishes, and landscaping.

Council officers had the Proponent’s Heritage Impact Statement peer reviewed by an independent heritage advisor, Extent Heritage, which confirms that the proposal is acceptable in terms of heritage outcomes, subject to careful design, consistent with best practice guidelines, and the preparation of suitable planning controls. Heritage considerations were also identified in the urban design advice prepared for Council.

In response to these issues, the site-specific Development Control Plan includes a number of controls to protect and enhance the heritage item, and ensure that future development is appropriately designed with reference to the Wattles house.

Schedule of Heritage Conservation Works

The planning proposal is supported by a Schedule of Conservation Works prepared by Dr Roy Lumby of Hericon Consulting and assessed by Sue Rosen Associates has identified the existing heritage item that need to be restored based on a visual assessment carried out on site. The assessment has been limited to the outer fabric and interior with restrictions to accessing roof or under floor areas of the existing heritage cottage. It is recommended that this be updated (if required) to address the missing internal fabric components and assessed at the Development Application stage.

Clause 5.10 Heritage Conservation

The proposed site is also affected by clause 5.10 Heritage Conservation provisions under the Cumberland LEP, in which a proponent requires to obtain development consent for any building work proposed from the consent authority and prepare necessary documentation as required after considering the extent and heritage significance of the property. There are also conservation incentives. The provisions are subject to further assessment at the Development Application stage should the planning proposal proceed.

Noise, vibration and emissions

A noise intrusion assessment was conducted to determine the impacts of existing road traffic noise on the proposed development. The assessment found that a Category 3 construction would be required for both the north and south façade – that is, special construction with increased attenuation to achieve internal noise levels.

An operational noise assessment was also conducted to determine the potential noise impacts of the proposal on sensitive receivers. Whilst it was deemed that the mechanical plant on the roof terrace could be a potential source of noise emissions requiring mitigation, other potential noise emissions would likely be dominated by existing road traffic noise on the Great Western Highway and M4 Motorway. At this stage, further assessment on operational noise emissions of the proposed development would be required at the Development Assessment stage of the proposal.

The study has shown that, from an acoustic perspective, the site would be suitable for the intended uses. Council officers are of the view that the proposed commercial uses are less sensitive than the types of residential land uses that are currently permitted on the site under the R2 zoning, and that adequate measures can be incorporated into the design to mitigate the impact of operational and traffic noise and emissions and assessed at the Development Application stage.

Contamination and acid sulphate soils

The planning proposal is supported by a preliminary contamination assessment that concludes that the proposal is unlikely to have any significant impacts; however, that asbestos and a potential underground storage tank may be located on the site. The subject proposal does not involve a rezoning; however, potential contamination would need to be addressed at the Development Application stage.

The consultant also considered the mapping, geology, and elevation of the site and concluded that it is unlikely that acid sulphate soils are present on site. Information from Council’s on acid sulphate soil maps do not indicate any affectation on site.

Next steps

Following review of the planning proposal by Council officers, advice provided by the Cumberland Local Planning Panel and further technical advice provided to Council officers, the planning proposal is provided for consideration by Council. It is recommended that Council endorse the planning proposal and that this be forwarded to the Department of Planning and Environment for a Gateway Determination. It is also recommended that Council endorse the draft site specific Development Control Plan and that a Voluntary Planning Agreement be prepared to derive public benefit, should a Gateway Determination be received.

Should Council support the proposal and a Gateway Determination is provided by the Department of Planning and Environment, the planning proposal and site specific Development Control Plan will be exhibited concurrently. A further report will then be provided to Council.

Community Engagement

Council officers have carried out early consultation on the proposal, as outlined in this report. Further statutory consultation will be carried out by Council officers if the proposal proceeds past Gateway.

Policy Implications

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

Risk Implications

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

Financial Implications

Should Council resolve to proceed with the proposal and a Gateway Determination is received to proceed, a Voluntary Planning Agreement will be prepared to derive public benefit. Further information will be provided to Council prior to the finalisation of the Agreement.

CONCLUSION

The planning proposal for 245-247 Great Western Highway, South Wentworthville, is consistent with the strategic planning framework and policy context and will deliver a wide range of benefits, including the restoration and adaptive reuse of local heritage house (The Wattles), and services and facilities through the proposed hotel or motel development. It is recommended that the planning proposal and site-specific Development Control Plan is endorsed, and that the planning proposal is forwarded to the Department of Planning and Environment for a Gateway Determination. It is also recommended that a Voluntary Planning Agreement be prepared to derive public benefit, should a Gateway Determination be received.

Attachments

1. Revised Planning Proposal

2. Site-specific Development Control Plan

3. Council Urban Design Advice

4. Transport Impact Assessment

5. Heritage Impact Statement

6. Schedule of Conservation Works

7. Council Heritage Advice

8. Preliminary Contamination Assessment

9. Noise and Air Quality Assessment

10. Acid Sulphate Soils Assessment

11. Letter of Offer (confidential)

12. Community Submissions (Summarised)

13. Transport for NSW Submissions and Responses

14. Engagement Evaluation Report

15. Cumberland Local Planning Panel Advice

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	0418 911 774	Kun.Huang@cumberland.nsw.gov.au
Clr Sabrin Farooqui	0400 322 999	Sabrin.Farooqui@cumberland.nsw.gov.au
Clr Helen Hughes	0400 264 534	Helen.Hughes@cumberland.nsw.gov.au
South Granville Ward
Clr Glenn Elmore	0418 459 527	Glenn.Elmore@cumberland.nsw.gov.au
Clr Paul Garrard	0414 504 504	Paul.Garrard@cumberland.nsw.gov.au
Clr Mohamad Hussein	0400 281 726	Mohamad.Hussein@cumberland.nsw.gov.au
Wentworthville Ward
Clr Lisa Lake (Mayor)	0418 669 681	Lisa.Lake@cumberland.nsw.gov.au
Clr Suman Saha (Deputy Mayor)	0419 546 950	Suman.Saha@cumberland.nsw.gov.au
Clr Michael Zaiter	0418 432 797	Michael.Zaiter@cumberland.nsw.gov.au