Agenda of Council Meeting - Wednesday, 19 April 2023

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	0425 348 000	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

Statement of Ethical Obligations

Oath or Affirmation of Office

In taking the Oath or Affirmation of Office, each Councillor has made a commitment to undertake the duties of the office of councillor in the best interests of the people of Cumberland and Cumberland City Council and that they will faithfully and impartially carry out the functions, powers, authorities and discretions vested in them under the Local Government Act 1993 or any other Act to the best of their ability and judgment.

Conflicts of Interest

A councillor who has a conflict of interest in any matter with which the council is concerned, and who is present at a meeting of the council when the matter is being considered, must disclose the interest and the nature of the interest to the meeting as soon as practicable. Both the disclosure and the nature of the interest must be recorded in the minutes of the Council meeting where the conflict of interest arises. Councillors should ensure that they are familiar with Parts 4 and 5 of the Code of Conduct in relation to their obligations to declare and manage conflicts of interests.

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

Council Meeting

19 April 2023

Item No: C04/23-287

Investment Report - March 2023

Directorate: Corporate Performance

Responsible Officer: Director Corporate Performance (Deputy GM)

File Number: SC444

Community Strategic Plan Goal: Delivering Sustainable Infrastructure and Services

Summary

This report provides an update on the performance and compliance of Council’s investment portfolio for the month of March 2023.

Recommendation

That Council receive the March 2023 Investment Report.

Report

Included in this report are the following items that highlight Council’s investment portfolio performance for March 2023.

Council Investments as at 31 March 2023

Council’s investment portfolio has a current market value of $226,941,152 and has returned 2.16% in the last 12 months.

The following table reflects Council’s holding in various investment categories:

Face Value = capital value to be repaid upon maturity

Purchase Price = capital value +/- premiums or discounts

Current Value = current market value + accrued interest

Investment Portfolio Performance

Council’s investment portfolio returned 0.37% (actual) for the month on a marked-to-market basis versus the bank bill index benchmark’s 0.28% return. Council's managed fund investments may experience monthly volatility as financial markets undergo changes in outlook. However, such investments are expected to yield a favourable return over the long term. For the past 12 months, the investment portfolio has returned 2.16% versus the bank bill index benchmark’s 2.04%.

As at 31 March 2023 the cumulative interest earned was $4,850,391. This is $2,015,724 higher than the year-to-date budget of $2,834,667.

The performance chart below shows Council’s rolling 12 monthly return versus benchmark over the past 5 years. Each data point is the 12 month return for the stated month end:

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

The investment portfolio's primary objective is the preservation of capital. The investment strategy seeks to ensure security and safeguarding of the portfolio by managing credit and interest rate risk within predetermined thresholds and parameters established in Council's Investment Policy, guided by the investment advisor. In pursuit of favourable returns, Council's investment decisions are made with due consideration of the risk and security associated with the selected investment type, while also ensuring that liquidity requirements are met.

Financial Implications

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

CONCLUSION

Council hereby certifies that the investments listed within this report have been made in accordance with Section 625 of the Local Government Act 1993, Clause 212 of the Local Government (General) Regulation 2021 and Council’s Investment Policy.

Attachments

1. Investment Report - March 2023

2. Investment Commentary - March 2023

Council Meeting

19 April 2023

Item No: C04/23-288

Draft Operational Plan, Budget and Fees and Charges 2023-24

Directorate: Corporate Performance

Responsible Officer: Director Corporate Performance (Deputy GM)

File Number: S5750

Community Strategic Plan Goal: Providing Local Leadership

Summary

This report presents the recently reviewed and updated Integrated Planning and Reporting documents, consisting of:

· Draft Operational Plan 2023-2024

· Draft Fees & Charges 2023-2024

After a review of service delivery, activity and financial planning and projection, these documents have been drafted for review by the public. Once public exhibition has been completed, any feedback will be considered and necessary amendments made, with the final documents returned to Council for adoption in June 2023.

Recommendation

That Council endorse the placing of the Draft Operational Plan and Draft Fees and Charges 2023-2024 (Attachments 1 and 2 of this report) on public exhibition for a period of 28 days, with a report to be returned to Council following this period of public exhibition.

Report

Integrated Planning and Reporting (IP&R) is a framework that each NSW Council must implement to ensure long term planning for the area is based on community engagement. The Framework (shown below) requires Council to have in place a cascading set of plans for the city and the organisation, which translates community priorities into action, and seeks to answer four key questions:

1. Where are we now?

2. Where do we want to go?

3. How will we get there?

4. How will we know when we have arrived?

In short, Council must have in place:

· A Community Strategic Plan (CSP) that captures the long term hopes and aspirations of the whole community

· A four-year Delivery Program translating community priorities into principal activities Council will focus on during its term to help the community move towards its vision in the CSP

· An annual Operational Plan committing to the specific activities Council will undertake throughout the year, the budget for the same period and other statutory information

· A resourcing strategy for how Council plans to sustainably resource these plans

· A reporting framework against these plans.

In line with these requirements, the Draft Operational Plan 2023-2024 and the Draft Fees and Charges 2023-2024 have been reviewed and prepared for public exhibition.

The Draft Operational Plan 2023-2024 (Attachment 1) introduces Council’s detailed Service Plans, covering all 38 service offerings. In this document there is a detailed description of the service and its deliverables, a full net cost of service breakdown showing how income and expenditure are distributed and specific key performance indicators for the service. Additionally, this document contains Council’s annual budget, the rates, fees and charges (presented as a separate document), pricing policy, capital works and other statutory information.

Progress with these important plans and strategies will be reported through Council’s external reporting framework consisting of the State of our City Report detailing performance against the CSP; and six-monthly and annual reports against the Delivery Program and Operational Plan, clearly outlining to the community the extent to which Council is delivering on these plans.

The Draft Fees and Charges 2023-2024 are a sub-section of the Draft Operational Plan 2023-2024 and are presented as a separate document (Attachment 2) for ease of presentation.

If endorsed by Council, these draft documents will be exhibited for 28 days public consultation and returned to Council in June for final adoption.

Community Engagement

The draft documents will be exhibited for a period of 28 days in line with Council’s Community Engagement Strategy with comments from the public strongly encouraged.

Policy Implications

The Operational Plan 2023-2024 will form part of the primary policy documents of Council. This document sets out the primary activities Council commits to delivering over the respective timeframe. Changes to this document by way of addition or deletion of activities need to be made via Council resolution.

Risk Implications

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

Financial Implications

The Operational Plan 2023-2024 contains the draft budget for the same financial year.

CONCLUSION

Council has committed to the delivery of a range of high quality services and infrastructure/facilities within its Draft Operational Plan 2023-2024 and welcomes feedback from the community on these drafts during the period of exhibition.

Attachments

1. Draft Operational Plan 2023-2024

2. Draft Fees and Charges 2023-2024

Council Meeting

19 April 2023

Council Meeting

19 April 2023

Council Meeting

19 April 2023

Item No: C04/23-289

Cumberland Heritage - Further Report on Proposed Heritage Conservation Areas

Directorate: Environment and Planning

Responsible Officer: Director Environment & Planning

File Number: C04/23-277

Community Strategic Plan Goal: Enhancing the Natural and Built Environment

Summary

On 28 February 2023, Cumberland Council’s Heritage Advisory Committee recommended the following:

“This Committee is very disappointed with the outcome of the recent heritage planning proposal resolution, which saw the three HCAs [Heritage Conservation Areas] removed from further protection. After the effort that the Committee put into reviewing the heritage items and the HCAs across the LGA, the removal of these HCAs with limited objection was heartbreaking. The Committee calls for the Council to reconsider for further inclusion. Considering these HCAs are complete streetscapes that represent the heritage values and historical settlement patterns of our community, it is important to protect and include these items and HCAs moving forward.”

On 5 April 2023, Council resolved (C04/23-277) the following in response to the Heritage Committee meeting recommendation:

“That Council:

1. Receive the report noting the Draft Minutes of Council’s Section 355 and Community Advisory Committees recently convened;

2. Approve and minute the recommendations to Council noted in the various Committee Minutes, as summaries in the report.

3. Provide a further report to the next Council meeting providing detailed information about the proposed heritage conservation areas. “

This report is provided to Council in response to item 3 of the above resolution.

Recommendation

That Council receive this report.

Report

On 7 December 2022, Council resolved (C12/22-215) the following about the Cumberland Heritage Study Planning Proposal:

That Council:

1. Note the status of the Cumberland Heritage Study and preparation of a Cumberland Heritage Study Planning Proposal.

2. Note the advice of the Cumberland Local Planning Panel on the Cumberland Heritage Study Planning Proposal.

3. Endorse the minor amendments to curtilage and information of 47 existing heritage items identified in Schedule 5 of the Cumberland Local Environmental Plan (Cumberland Heritage List) (Attachment 1).

4. Progress with 24 new heritage items as in Table 4 of the report with the exception of item HS54 3 Beatrice St Lidcombe & item HS77 Sydney Murugan Temple which are to be omitted.

5. Endorse that the draft planning proposal for the Cumberland Heritage Study as provided in Attachment 5, to be amended based on the above recommendations.

6. Forward the amended draft planning proposal to the Department of Environment and Planning for a Gateway Determination.

7. Delegate authority to the General Manager to make administrative and mapping changes consistent with the endorsed recommendations.

In line with the above resolution, various proposed heritage items and the three heritage conservation areas that had objections were not included in the Cumberland Heritage Study Planning Proposal, which was submitted to the Department of Planning and Environment for a Gateway determination in February 2023.

On 28 February 2023, Cumberland Council’s Heritage Advisory Committee recommended the following:

On 5 April 2023, Council resolved (C04/23-277) the following in response to the Heritage Committee meeting recommendation:

That Council:

…

3.Provide a further report to the next Council meeting providing detailed information about the proposed heritage conservation areas.

This report is provided to Council in response to item 3 of the above resolution.

What is a Heritage Conservation Area?

A heritage conservation area (HCA) is an area which is considered to have local heritage value and historic significance. The proposed heritage conservation area will represent a common style of architecture or streetscape that has heritage value and historic significance. This can include characteristics such as subdivision pattern, streetscapes and building façade features.

Within any HCA there are 2 types of properties – Contributory and Non-Contributory:

Non-contributory dwelling means a building or building element that detracts from the significant character of the Heritage Conservation Area. If a property is classified as non-contributory, there is still the opportunity to knock-down and rebuild on your property through a DA process.

Contributory dwelling may not be individually listed as an individual heritage item but, by virtue of their character, age, scale, materials, details, design style or intactness, make a significant heritage contribution to the character of the heritage conservation area.

If a property is considered a contributory item, there are still opportunities to develop the property through a DA process. However, there would be restrictions on demolition and consideration of potential impacts to the character of the streetscape.

This table provides a high level summary of the potential impacts of the proposed HCA’s on a property:

Development Options	Existing Controls	Proposed – Heritage Conservation Area
Demolition and Rebuild	Permissible – CDC or DA required.	Non-contributory property = Permissible subject to a DA Contributory property = Generally would not be allowed to demolish and build a new home
Renovation and/or alterations and/or additions	Permissible – CDC or DA required.	Permissible, subject to council and heritage assessment. A DA must be submitted.
Granny flat / secondary dwelling	Permissible – CDC or DA required.	Permissible, subject to council and heritage assessment. A DA must be submitted.
Repaint and general maintenance	Yes, if it meets exempt and complying controls.	Yes, if it meets the planning control requirements.

Figures 1-3 below identify the contributory and non-contributory items in each proposed HCA based on both the original Comprehensive Heritage Study and independent Peer Review.

PROPOSED HERITAGE CONSERVATION AREAS

The three proposed heritage conservation areas are accompanied by heritage inventory sheets which detail the heritage values of the areas. The full heritage inventory sheets are attached to this report, with the following summary extracts from those inventory sheets provided below:

Northcote Street Conservation Area- HS140

The Northcote Street Heritage Conservation Area (HCA) is significant at the local level for its historic, aesthetic, and representative values. The HCA is historically linked to the early subdivision of James Owens’ 60-acre land grant. This land was subdivided and sold in 1914 by the Suburban Development Co. Limited with lots sold and developed between 1914 and 1925.

The late-Federation streetscape retains evidence of this early subdivision pattern which first occurred in the 1880s. The HCA provides evidence of the pattern of residential development in Auburn during the turn of century, with a specific focused on providing land for workers cottages.

The HCA has demonstrated aesthetic values as an intact streetscape which comprises of late Federation Workers’ Cottages. The consistent form, setback, materiality, and design contributes to the aesthetic value of the area.

Figure 1: Proposed Northcote Street HCA Contributory Map (refer Attachment 1 for a high resolution image)

South Parade Heritage Conservation Area- HS141

The South Parade Heritage Conservation Area (HCA) is of local significance for its historic, aesthetic, and representative values. Built between c.1913 and 1940, the buildings along South Parade and Auburn Road are historically associated with the early subdivision of Auburn Estate for residential, commercial, and industrial activities. The later subdivisions of the Vale’s Estate highlight the significant historical patterns of development in Auburn which is reflected in the remaining buildings.

Auburn’s built heritage reflects key phases of development, commencing in the Federation period and continuing in the Inter-War period. The collective integrity of the streetscape contributes to the aesthetic values of the urban landscape and demonstrates representative qualities of early and mid-twentieth century town planning resulting from early subdivisions of land grants and the transition away from industrial activity. This is retained in the architectural form, pattern of settlement and road alignments.

Figure 2: Proposed South Parade HCA Contributory Map (refer Attachment 4 for a high resolution image)

Talbot Road Conservation Area - HS144

The Talbot Road Heritage Conservation Area (HCA) is of local heritage significance for its historic, aesthetic and representative values. Constructed between 1915 and 1930, the area is historically linked to the residential growth of the Guildford area that followed the land sales of William Stimson’s original land grant, known as the Shrewsbury Estate Subdivision.

The HCA retains an intact example of that subdivision pattern and demonstrates the growth of the Guildford area between 1915 and 1930. It retains an intact and consistent streetscape that features Federation period and Inter-War buildings. Due to the similarities in age, design, materials, form and landscape values, the area is an aesthetically significant urban landscape

This HCA contains a group of Federation and Inter-War houses that are already locally listed as the Talbot Road Precinct (I166 Cumberland LEP).

Figure 3: Proposed Talbot Road HCA Contributory Map (refer Attachment 7 for a high resolution image)

SUBMISSIONS

The following is a summary of submissions received for the three heritage conservation areas during the exhibition of the Cumberland Heritage Study in June – July 2021:

Northcote Street Conservation Area (12 properties)

5 Submissions received:

1. 2 support and 3 oppose

2. Of these, 3 owner submissions (3 opposed, 0 support, 9 no response)

The reasons for opposition included heritage significance, property value and future development.

South Parade Heritage Conservation Area (51 properties)

15 submissions:

· 3 support and 12 opposed

· Of these, 9 owner submissions (9 opposed, 0 support and 42 no response)

The reasons for opposition included heritage significance, property value, future development, economic impact, fairness and financial burden.

Talbot Road Conservation Area (34 properties)

Of the properties identified to progress post-exhibition, 9 submissions:

· 1 support and 8 opposed

· Of these, 2 owner submissions (2 opposed, 0 support, 13 no response)

The reasons for opposition included heritage significance, property value, future development, economic impact, fairness and financial burden.

7 DECEMBER 2022 COUNCIL MEETING SPEAKERS

At Cumberland Councils Ordinary Council Meeting on 7 December 2022, 14 community members addressed Council in response to the Cumberland Heritage Study Planning Proposal. None of these speakers had properties affected by the proposed HCAs.

However, Council officers are aware of owners of two (2) properties in the proposed South Parade HCA who attended the meeting, but did not speak. They expressed their opposition to the heritage conservation area listing of their properties to Council officers.

Community Engagement

There are no community engagement implications 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

At the 5 April 2023 meeting, Council resolved (C04/23-277) the following in response to the Heritage Committee meeting recommendation:

That Council:

…