Agenda of Council Meeting - Wednesday, 17 May 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

17 May 2023

ORDER OF BUSINESS

All Council Meetings are livestreamed via Council’s website. An audio/visual recording of the meeting is published following the meeting. Recordings remain on Council's website for a period of 12 months and are archived following this.

1 Opening of Meeting

2 Opening Prayer / Acknowledgement of Country / National Anthem

3 Apologies / Requests for Leave of Absence/ Requests for Attendance by Audio-Visual Link

4 Confirmation of Previous Minutes

C05/23-304 Minutes of the Ordinary Meeting of Council - 03 May 2023............ 5

5 Disclosures of Interest

6 Mayoral Minutes

Nil

7 Public Forum / Presentation of Petitions

8 Items Resolved by Exception

9 Reports to Council

C05/23-305 Legal Report......................................................................................... 21

C05/23-306 Investment Report - April 2023.......................................................... 23

C05/23-307 Quarter 3 Quarterly Budget Review Statement.............................. 47

C05/23-308 Draft Smart Places Strategy and Action Plan.................................. 79

C05/23-309 Draft Cumberland Engineering Services Policy and Guideline......... 145

C05/23-310 Report on Variations for Development Standards Approved under Delegation - January to March 2023 Quarter...................................................... 255

C05/23-311 Proposed Amendments to the Procedure for the Review of the Performance of the General Manager........................................................................ 265

10 Reports of Council Committees

C05/23-312 Property Committee - Minutes of Meeting held 08 May 2023.... 315

C05/23-313 Cumberland Local Traffic Committee - Minutes of 5 April 2023 Meeting And Items Considered Under Delegated Authority......................................... 323

C05/23-314 Cumberland Local Traffic Committee - 05 April 2023 - Recommendations to Council................................................................................................. 347

11 Motions Pursuant to Notice

C05/23-315 Notice of Motion - Proposed Hayat Francis Lane......................... 551

C05/23-316 Notice of Motion - HSC Quiet Study Space Trial Program......... 553

C05/23-317 Notice of Motion - Optimisation of Workforce Capacity of Existing Police Resources........................................................................................... 555

C05/23-318 Notice of Motion - FIFA World Cup Screening.............................. 563

C05/23-319 Notice of Motion - Promotion of Opportunities in Development Industry 565

12 Motions to Alter or Rescind Council Resolution

Nil

13 Questions with Notice

Nil

14 Closed Session Reports

Nil

15 Resolutions passed in Closed Session

16 Other / General Matters

17 Close

Council Meeting

17 May 2023

Item No: C05/23-305

Legal Report

Directorate: General Manager

Responsible Officer: General Counsel

File Number: 2041456

Community Strategic Plan Goal: Providing Local Leadership

Summary

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

Recommendation

That the report be received.

Report

This report provides Council with a summary of the status of litigation for which Council is a party to. It does not include the following types of legal proceedings:

· Proceedings that are managed by Council’s insurers;

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

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

The report is current to 3 May 2023. It does not capture changes that have occurred between that date and the date the report is considered by Council.

Community Engagement

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

Policy Implications

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

Risk Implications

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

Financial Implications

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

CONCLUSION

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

Attachments

1. Litigation register (confidential)

Council Meeting

17 May 2023

Item No: C05/23-306

Investment Report - April 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 April 2023.

Recommendation

That Council receive the April 2023 Investment Report.

Report

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

Council Investments as at 30 April 2023

Council’s investment portfolio has a current market value of $222,208,414 and has returned 2.61% 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 0.35% (actual) for the month on a marked-to-market basis versus the bank bill index benchmark’s 0.30% 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 2.61% versus the bank bill index benchmark’s 2.37%.

As at 30 April 2023 the cumulative interest earned was $5,586,078. This is $678,193 higher than the year-to-date budget of $4,907,885.

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 April 2023

2. Investment Commentary April 2023

Council Meeting

17 May 2023

Item No: C05/23-307

Quarter 3 Quarterly Budget Review Statement

Directorate: Corporate Performance

Responsible Officer: Director Corporate Performance (Deputy GM)

File Number: SC488

Community Strategic Plan Goal: Providing Local Leadership

Summary

The attached Quarterly Budget Review Statement (QBRS) refers to the period ended 31 March 2023. The QBRS indicates that Council’s overall financial position has remained sound.

Recommendation

That Council approve the revised estimates of income and expenditure for 2022/23 contained in the Quarterly Budget Review Statement.

Report

Clause 203(2) of the Local Government (General) Regulation 2021 (the Regulation) requires that Council’s Responsible Accounting Officer prepare and submit a QBRS that shows, by reference to the estimate of income and expenditure set out in the Operational Plan adopted by Council for the relevant year, a revised estimate of the income and expenditure for that year.

The QBRS, compiled for the information of Council and the community, provides a summary of Council’s financial position at the end of each quarter as to its progress against both the original Operational Plan and the last revised budget, as well as any recommended revisions identified as part of the budget review process.

Quarterly Budget Review Statement

As at the end of Quarter 3, Council is forecasting a recurring budget surplus of $3.5m; this forecast assumes that realised efficiency savings measures continue, and that remaining income estimates are met.

There have been some pressures on Council expenditure due to the current high inflationary environment, particularly relating to asset maintenance costs. Any additional expenditure amounts identified in this report have been through a business case assessment to ensure accurate calculations and value for money.

The Operational Plan profit has remained at a $3.5m projected surplus, excluding capital income, as per the below table.

Significant material Operational Plan revisions arising in the March 2023 quarter forecast are as follows:

Major movements in the quarter three budget were due to:

· Decrease in user fees and charges of $0.8m, mainly attributable to golf course usage, fire safety statement charges and swimming pool inspection fees.

· Interest and investment revenues forecast increase of $1.2m due to higher than forecast interest rates.

· Increase in capital grants & contributions totalling $9.4m, including $4m in developer contributions, and additional road renewal grants.

· Employee costs decrease of $1.5m attributable to savings from council holding a higher than forecast level of vacancies across the organisation.

· Materials & services increase of $500k, mainly attributable to a rise in electricity costs.

The projected total capital expenditure has been increased to $66.8m. The following reallocations and funding adjustments have been made to the program:

· Allocation of property reserve funds towards purchase of 195 Targo Road - $1.8m.

· Allocation of new Regional and Local Roads Repair Program grant funds - $3.4m.

· Allocation of funds towards Gilba Road renewal works - $1m.

· Brought forward funds towards the Merrylands City Centre Revitalisation project - $2m.

· Deferral of grant funded funds towards the Parramatta Road Urban Improvement program - $1.5m.

· Deferral of loan funds towards the Merrylands CBD drainage upgrade - $1m.

· Deferral of s7.11 funded works towards the Hyland Road Sporting Complex - $670k.

· Deferral of stormwater reserve funded renewal works - $500k.

· Deferral of SRV funded renewal works - $900k.

Cash Forecast

The projected Cash and Investments position of Council is forecast to increase to $189.5m. Council’s estimated unallocated cash balance is forecast to finish at $10.2m, which is a slight decrease from the forecast in the second quarterly budget review. The final unrestricted cash amount will be dependent on the movements in Council’s payables and receivables balances at 30 June 2023. Any amount above $10m in unrestricted funds will be allocated to the community and infrastructure reserves as per Council’s policy.

Community Engagement

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

Policy Implications

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

Risk Implications

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

Financial Implications

The current budget maintains Council’s original surplus of $3.5m, and unrestricted cash balances of above $10m. It should be noted that operational surplus will be distributed to the external waste and stormwater reserves as required under local government regulations.

Whilst the original budget and cash surpluses have been maintained, external pressures may continue to have ramifications for council income and expenditure. This will continue to be monitored and any changes to forecast will be reported to Council.

In view of this, it is critical that Council maintain the financial discipline and rigour which has been implemented over the last few years. An ongoing review of council’s financial strategy is required to enable additional investment into frontline services and towards addressing council’s infrastructure backlog.

CONCLUSION

As at the end of the third quarter, Council’s net operating result before capital is projected to finish the year at a surplus of $3.5m. Close monitoring of Council’s income is required to ensure that Council’s financial positioning in the medium to longer term remains on course to be achieved.

Attachments

1. Q3 Quarterly Business Review Statement

2. Q3 2022-23 Budget Review for Merrylands CBD Drainage Project

3. Q3 2022-23 Budget Review for Merrylands Civic Square Project

Council Meeting

17 May 2023

Item No: C05/23-308

Draft Smart Places Strategy and Action Plan

Directorate: Environment and Planning

Responsible Officer: Director Environment & Planning

File Number: SC689

Community Strategic Plan Goal: Enhancing the Natural and Built Environment

Summary

At the 6 April 2022 Council Meeting, Council resolved to develop a Smart Places Strategy and Action Plan (the ‘draft Strategy’). Following engagement with key stakeholders and the community, a draft Smart Places Strategy and Action Plan has been developed to provide a coordinated approach to the use of innovative smart technology, new approaches to service delivery and improvements, and opportunities to enhance digital inclusivity for our community.

The draft Strategy aims to drive inclusion, innovation and service delivery through a practical action plan that is meaningful and people centric. The draft Strategy outlines a vision, principles and implementation through six pathways, supported by a detailed action plan.

This report recommends that the draft Smart Places Strategy and Action Plan be placed on public exhibition for consultation with the community and stakeholders, with a report to be provided back to Council.

Recommendation

That Council place the Draft Smart Places Strategy and Action Plan on public exhibition for a period of 28 days, with a report to be provided back to Council following the conclusion of the exhibition period.

Report

With the increase on the use and application of technology across cities and places, there has been a growing focus in exploring and progressing opportunities in integrating these approaches to the services, projects and initiatives undertaken by all levels of government. In Cumberland City, a number of initiatives have been progressed since 2018, including:

· Granville Smart City Pilot, including smart bins, traffic and parking sensors, and environmental sensors

· Live availability of car spot spaces for accessible / disabled car spaces within the LGA through the NSW Park N Pay

· Digital skills literacy programs for Seniors through our libraries

· Opportunities to introduce smart technology in community spaces, such as lighting and furniture in the new Merrylands Civic Square

At the 6 April 2022 Council meeting, Council resolved to:

“1. Develop a Smart City/Places Strategy and Action Plan for Cumberland, embracing digital technology that supports future plans for the Cumberland Local Government Area, providing opportunities to improve Council’s future service delivery to the community; and

2.Work with expert partners, interested Councillors, community members and key stakeholders to inform the strategy, based on a range of face-to-face and online engagement and co-design sessions.”

In accordance with Council’s resolution, a number of engagement forums were utilised to engage with the community, expert agencies and stakeholders to develop the draft Strategy. A total of 177 survey responses were received during the engagement period, with key areas that would benefit the most from smart technology included transport and parking, asset management, parks and amenities, waste management and street lighting.

Informed by the engagement undertaken with the community, expert agencies and stakeholders, a draft Strategy and Action Plan has been prepared for consideration by Council. The draft Strategy outlines a vision, principles and implementation through six pathways, supported by a detailed action plan.

The draft Strategy is led by the following principles:

· Inclusive and accessible: Support and celebrate Cumberland’s diverse population. It will enable Council services to be more accessible and inclusive of the community.

· Connected: Promote connectivity, digitally and physically, and enable greater cohesiveness and community engagement.

· People focused and user friendly: Prioritise community needs and ongoing collaboration. It will enhance efficiency, effectiveness, and reliability of city services.

· Sustainable: Drive and support outcomes for the environment.

· Safe and secure: Enhance the digital and physical safety of Cumberland, including cyber-security and privacy.

· Future proofed and innovative: Support innovation and partnerships that integrate technology to enhance Cumberland’s offerings now and into the future.

The draft Strategy outlines the strategic framework to integrate smart technology approaches to service delivery, explore innovative solutions to new challenges and address digital literacy within Cumberland. The draft Strategy will guide the coordinated implementation of the six ‘smart pathways’, each with objectives, actions and flagship projects within the Action Plan. The pathways and key initiatives include:

· Smart communities: Introducing smart technology in our open spaces and community facilities, such as lighting and furniture.

· Smart people: Offering digital and data literacy programs for the community to enhance digital literacy.

· Smart services: Implementing smart technology in future initiatives, such as CCTV in the Safer Cities: Her Way Program.

· Smart spaces: Trialling real time pothole detection technology for faster identification and maintenance response.

· Smart movement: Progressing initiatives to support electric vehicle technology, including Council’s vehicle fleet and charging stations for the community.

· Smart economy: Delivering partnerships to ensure our community can access education pathways to digital or STEM based employment.

The Action Plan included within the draft Strategy is intended to be a practical and specific approach to be delivered over a three year period.

The Draft Smart Places Strategy and Action Plan is provided for considered by Council. It is recommended that Council place the draft Strategy on public exhibition for a period of 28 days, with a report to be provided back to Council.

Community Engagement

The draft Strategy has been informed by extensive community engagement sessions, specialist workshops, expert working group and surveys. Through this process, a total of 177 responses were received via all engagement platforms. Further information on activities undertaken is outlined in the table below:

Type of Engagement	Number of sessions	Attendees/Response
Face to face - direct community engagement across the LGA	10	177 overall survey responses, including the pop ups
General Community Workshops and pop ups	4	177 overall survey responses, including direct face to face
Webinar	2	15 attendees
External working group roundtables	3	18 attendees
Internal working group roundtable	1	10 attendees
Have Your Say survey	1	177 responses
General staff workshops (online)	1	88 attendees
Depot Staff workshops	1	17 attendees

In addition to the feedback received from community and stakeholder engagement, an expert working group was established to provide advice through the formulation of the draft Strategy, with representatives from:

· Cumberland City Council

· Parramatta City Council

· Newcastle City Council

· City of Canterbury Bankstown

· Greater Cities Commission

· NSW Department of Planning and Environment

· Greater Cumberland Chamber of Commerce

· Sydney University

· University of NSW

· Australian Smart Communities Association

Subject to endorsement, the Draft Smart Places Strategy and Action Plan will be placed on public exhibition for a period of 28 days. A range of engagement activities will be undertaken, including information on Council’s Have Your Say page and social media channels, information in the local newspaper, as well as online and in-person information sessions.

Policy Implications

The draft Strategy align with Council’s Community Strategic Plan 2017-2027 and the Cumberland Local Strategic Planning Statement through providing a coordinated approach to smart technology projects, displaying leadership through developing digital inclusivity for our community and exploring new approaches to service delivery.

Should Council endorse the draft Strategy following exhibition and consideration of feedback, the Draft Smart Places Strategy and Action Plan would become a new policy of Council.

Risk Implications

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

Financial Implications

The implementation of the Draft Smart Places Strategy and Action Plan will require some seed funding to progress the initiatives identified in the Action Plan, as well as an additional Council officer for a three-year basis to coordinate and progress these initiatives. These funding requirements are included in the budget prepared as part of the draft 2023/2024 Operational Plan.

In addition, opportunities for grant funding to support the delivery of the Strategy and Action Plan will also be pursued.

CONCLUSION

The Draft Smart Places Strategy and Action Plan sets a clear strategic direction and deliverable action plan for the integration of smart technology and use of innovative methods to improve service delivery that responds to the needs of the community. It is recommended that Council place the draft Strategy on public exhibition for a period of 28 days, with a report to be provided back to Council.

Attachments

1. Draft Smart Places Strategy and Action Plan

2. Engagement Summary Report

Council Meeting

17 May 2023

Item No: C05/23-309

Draft Cumberland Engineering Services Policy and Guideline

Directorate: Environment and Planning

Responsible Officer: Director Environment & Planning

File Number: SC629

Community Strategic Plan Goal: Enhancing the Natural and Built Environment

Summary

Council undertakes engineering related services over a number of areas, including road reserve approvals, infrastructure design, stormwater and floodplain management, and traffic and transport. Many of these engineering services are related to statutory requirements or consent conditions associated with Development Applications and Complying Development Certificates.

Since the formation of Cumberland Council, there has not been a process to harmonise relevant engineering policies and guidelines. This has impacted on service delivery outcomes and customer satisfaction levels in dealing with Council. In response, a draft Cumberland Engineering Services Policy and Cumberland Engineering Services Guideline has been prepared by Council officers.

It is recommended that Council place the draft Policy and Guideline on public exhibition, with a further report to be provided to Council.

Recommendation

That Council place the draft Cumberland Engineering Services Policy and the draft Cumberland Engineering Services Guideline on public exhibition for a period of 28 days, with a report to be provided back to Council following the conclusion of the exhibition period.

Report

Since the formation of Cumberland Council, there has not been a process to harmonise relevant engineering policies and guidelines. The former Councils had different approaches in responding to technical engineering matters, which has influenced planning and design outcomes on the ground for works associated with Development Applications and Complying Development Certificates. Much of this information has also been provided upon request rather than being publicly available, which leads to additional handling of information and delays in progressing relevant matters. Both of these factors have contributed to lower levels of customer satisfaction with engineering services provided by Council.

In response to these factors, a comprehensive Engineering Services Policy and Guideline has been prepared by Council officers. The Policy and Guideline seeks to:

· Support a consistent approach to planning and design for engineering related services;

· Ensure that statutory requirements are covered; and

· Enable relevant information to be publicly available for the community and developers.

The Engineering Services Policy will be the overarching document with high level content as to what the guidelines will cover and the applicable legislation. This will ensure consistency of approach throughout Cumberland and will support works that build on strategies, plans and guidelines regarding planning for Cumberland. The approval of the Policy (and any subsequent changes) is with the elected Council.

The Engineering Services Guideline will inform all stakeholders on Council’s requirements to deliver best practice engineering solutions and safety for the benefit of the Cumberland community. The Guideline will include details on:

· Road Reserve Approvals (e.g. road occupancy);

· Infrastructure Design (e.g. driveways);

· Stormwater and Floodplain Management (e.g. flood modelling and advice);

· Traffic and Transport (e.g. traffic facilities); and

· Standard Drawings.

The approval of the Guideline (and any subsequent changes) is with the General Manager, following adoption of the Policy.

It is recommended that Council place the draft Cumberland Engineering Services Policy and the draft Cumberland Engineering Services Guideline on public exhibition for a period of 28 days, with a report to be provided back to Council following the conclusion of the exhibition period.

Community Engagement

Subject to endorsement, the draft Engineering Services Policy and Guideline will be placed on public exhibition for a period of 28 days. Information will be provided on Council’s Have Your Say website, as well as in local newspapers and social media channels.

Policy Implications

The draft Engineering Services Policy and Guideline have been prepared to align with relevant policy, strategic and statutory frameworks.

Risk Implications

The preparation and implementation of the Policy and Guideline will mitigate risk to Council and the community by providing a harmonised and transparent approach in dealing with Council on relevant engineering services.

Financial Implications

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

CONCLUSION

A draft Cumberland Engineering Services Policy and Cumberland Engineering Services Guideline has been prepared to provide a consistent approach in dealing with a range of engineering services provided by Council for the community. It is recommended that the Policy and Guideline be placed on public exhibition, with a further report provided to Council.

Attachments

1. Draft Engineering Services Policy

2. Draft Engineering Services Guideline

Council Meeting

17 May 2023

Item No: C05/23-310

Report on Variations for Development Standards Approved under Delegation - January to March 2023 Quarter

Directorate: Environment and Planning

Responsible 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 that particular requirements are satisfied. A planning instrument includes an LEP, State Environmental Planning Policy or Regional Environmental Plan. In the case of Cumberland City Council, the relevant LEP’s 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
January to March 2023 Quarter
NIL	NIL	NIL	NIL	NIL

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. Attachment 1- Planning Circular - Variations to Development Standards

Council Meeting

17 May 2023

Item No: C05/23-311

Proposed Amendments to the Procedure for the Review of the Performance of the General Manager

Directorate: Corporate Performance

Responsible Officer: Director Corporate Performance (Deputy GM)

File Number: SC483

Community Strategic Plan Goal: Providing Local Leadership

Summary

This report seeks to update the existing Procedure for the Review of the Performance of the General Manager (the Procedure) adopted by Council on 20 July 2022, following a review of the procedure as a consequence of the release of the Guidelines for the Appointment and Oversight of General Managers issued by the Office of Local Government after Council adopted this procedure.

This report also recommends the appointment of Local Government Management Solutions to facilitate the development of performance agreements for the General Manager and Senior staff, as well as the facilitation of the performance reviews for the General Manager for the next three years.

Recommendation

That Council:

1. Adopt the revised Procedure for the Review of the Performance of the General Manager which is provided under Attachment 2 to this report.

2. Appoint Local Government Management Solutions for the next three years to (a) develop the performance agreements for the General Manager and Senior Staff and (b) Facilitate the review of the General Manager, as per the quotation, which is provided under Confidential Attachment 4 to this report.

Report

A review of the Procedure for the Review of the Performance of the General Manager was recently undertaken, following the release of the Guidelines for the Appointment and Oversight of General Managers issued by the Office of Local Government, included as Attachment 3 to this Report.

There are a number of small administrative changes to the Procedure, however, the notable changes are as follows:

- The return of a Review Panel, consisting of the Mayor, the Deputy Mayor and a Councillor nominated by Council, to conduct the review with the assistance of a facilitator

- Noting the return of the panel, the removal of a dedicated briefing of all Councillors, and instead the appointed Facilitator will coordinate the collection of feedback for consideration by the Review Panel

A copy of the current procedure is attached for Reference as Attachment 1 to this report.

In meeting the requirements of this DRAFT Procedure (and in keeping with the requirements of the current version of this Procedure), it is recommended that Council engage Local Government Management Solutions to assist with the development of the performance agreements for the General Manager and Senior Staff and to facilitate the Reviews of the Performance of the General Manager. This recommendation is made having regard to the experience of Local Government Management Solutions in undertaking this work on behalf of other similar organisations and there being a very limited pool of businesses who can adequately complete this work. Further, the quotation enclosed as Confidential Attachment 4 to this report details the costs anticipated for the completion of this work, which represent fair value for money for Council in having this work completed.

Community Engagement

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

Policy Implications

This report seeks to amend the Procedure for the Review of the Performance of the General Manager, adopted on 20 July 2022, and replace it with the revised version, which is provided under Attachment 2, following a review of the current procedure.

Risk Implications

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

Financial Implications

It is recommended that Council engage Local Government Management Solutions to facilitate the review of the performance of the General Manager and Senior Staff, which will be costed as per the quotation enclosed at Confidential Attachment 4 of this report. This expenditure can be funded from within Council’s existing operational budget.

CONCLUSION

This report recommends the adoption of a revised version of the Procedure for the Review of the Performance of the General Manager, which was initially adopted on 20 July 2022. The version of the procedure recommended for adoption is included as Attachment 2 of this report. This Procedure was reviewed following the release by the Office of Local Government, of the Guidelines for the Appointment and Oversight of General Managers in 2022, after the adoption by Council of the current version of the Procedure.

It also recommended that Council engage, for a period of three years, Local Government Management Solutions, to develop the annual performance agreements for the General Manager and Senior Staff and to facilitate the reviews of the performance of the General Manager.

Attachments

1. CURRENT - Procedure for the Review of the Performance of the General Manager

2. DRAFT - Proposed Procedure for the Review of the Performance of the General Manager

3. Guidelines for the Appointment and Oversight of General Managers - August 2022

4. Local Government Management Solutions Proposal - May 2023 (confidential)

Council Meeting

17 May 2023

Item No: C05/23-312

Property Committee - Minutes of Meeting held 08 May 2023

Directorate: Governance and Risk

Responsible Officer: Director Governance and Risk

File Number: 9772864

Community Strategic Plan Goal: Providing Local Leadership

Summary

This report presents the Draft Minutes of the Cumberland Property Committee meeting held on 8 May 2023 for Council’s information.

Recommendation

That the minutes of the Cumberland Property Committee meeting held on 8 May 2023 be received and the recommendations contained therein, adopted.

Report

Council’s Property Committee recently held a meeting on Monday, 8 May 2023.

The minutes of this meeting will be formally adopted at the next Ordinary Property Committee meeting being held on 26 June 2023. Minutes of this meeting are attached for Council’s information.

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 direct risks associated with this report. However, the presentation of the meeting minutes to Council provides transparent oversight of Council strategic property related decisions, in accordance with the adopted Terms of Reference.

Financial Implications

The operations of the Property Committee are coordinated by the Governance and Risk Directorate within Council utilising existing allocated resources. There are no additional financial implications for Council associated with this report.

CONCLUSION

The minutes of the Cumberland Property Committee meeting are provided to Council for information purposes and to ensure that the review mechanisms of Council operate in an open and transparent manner. It is recommended that Council receive this information.

Attachments

1. Property Committee Meeting Agenda - 8 May 2023 (confidential)

2. Draft Property Committee Meeting Minutes - 8 May 2023

Council Meeting

17 May 2023

Item No: C05/23-313

Cumberland Local Traffic CommiTtee - Minutes of 5 April 2023 Meeting And Items Considered Under Delegated Authority

Directorate: Environment and Planning

Responsible Officer: Director Environment & Planning

File Number: SC486

Community Strategic Plan Goal: Enhancing the Natural and Built Environment

Summary

This report presents the minutes of the Cumberland Local Traffic Committee meeting and items considered under delegated authority.

Recommendation

That Council:

1. Note the items considered under delegated authority by the Cumberland Local Traffic Committee at the 5 April 2023 meeting, as provided in Attachment 1.

2. Receive and note the minutes of the Cumberland Local Traffic Committee meeting held on 5 April 2023, as provided in Attachment 2.

Report

A meeting of the Cumberland Local Traffic Committee was held, and the minutes of the meeting are provided in Attachment 2. The items considered under delegated authority under Part 1 of the Terms of Reference for the Cumberland Local Traffic Committee are provided in Attachment 1.

Community Engagement

Community consultation has been undertaken and has been addressed under each report that was presented to the Local Traffic Committee.

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.

Attachments

1. Items Considered under Delegated Authority at the Cumberland Local Traffic Committee on 5 April 2023

2. Minutes of the Meeting of the Cumberland Local Traffic Committee on 5 April 2023

Council Meeting

17 May 2023

Item No: C05/23-314

Cumberland Local Traffic Committee - 05 April 2023 - Recommendations to Council

Directorate: Environment and Planning

Responsible Officer: Director Environment & Planning

File Number: SC486

Community Strategic Plan Goal: Enhancing the Natural and Built Environment

Summary

This report presents the recommendations to Council on items considered by the Cumberland Local Traffic Committee.

Recommendation

That Council endorse the recommendations for items considered by the Cumberland Local Traffic Committee at the 5 April 2023 meeting, as provided in this report.

Report

A meeting of the Cumberland Local Traffic Committee was held. The items recommended for endorsement by Council under Part 2 of the Terms of Reference for the Cumberland Local Traffic Committee is provided in this report and attachments.

Community Engagement

Community consultation has been addressed under each item that was presented to the Cumberland Local Traffic Committee.

Policy Implications

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

Risk Implications

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

Financial Implications

The expenditure of funds associated with implementing the recommendations will be included in the Council’s traffic facility construction program.

Attachments

1. CTC-23-056 - Earl Street, Merrylands - Road Safety Concerns

2. CTC-23-057 - Vaughan Street and Auburn Road, Auburn - Proposed Traffic Signal Consideration

3. CTC-23-058 - Vaughan and Dudley Street, Lidcombe - Proposed Traffic Signal Consideration