Agenda of Council Meeting - Wednesday, 7 February 2024

Councillor Contact Details

Granville Ward
Clr Steve Christou	0419 651 187	Steve.Christou@cumberland.nsw.gov.au
Clr Ola Hamed (Deputy Mayor)	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 Suman Saha	0419 546 950	Suman.Saha@cumberland.nsw.gov.au
Clr Lisa Lake (Mayor)	0418 669 681	Lisa.Lake@cumberland.nsw.gov.au
Clr Michael Zaiter	0418 432 797	Michael.Zaiter@cumberland.nsw.gov.au

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

7 February 2024

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

C02/24-452 Minutes of the Ordinary Meeting of Council - 06 December 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

C02/24-453 Ordinary Council Meeting Schedule - Remainder of Council Term 2024 33

C02/24-454 Investment Report - November 2023................................................ 37

C02/24-455 Investment Report - December 2023................................................ 61

C02/24-456 Letter of Offer for 4-4A Terminal Place, Merrylands...................... 85

C02/24-457 Letter of Offer for 15 Neil Street, Merrylands.................................. 91

C02/24-458 Draft Pendle Hill Town Centre Public Domain Plan - Post Exhibition 97

C02/24-459 Tom Adams Oval Naming - Post Exhibition.................................. 159

C02/24-460 Report on Variations for Development Standards Approved Under Delegation - October to December 2023 Quarter............................................... 167

10 Reports of Council Committees

Nil

11 Motions Pursuant to Notice

C02/24-461 Notice of Motion - Response to proposed changes to Planning Policy for parts of Berala and Lidcombe........................................................................ 177

12 Motions to Alter or Rescind Council Resolution

AR02/24-1 Notice of Motion to Alter Council Resolution - C12/23-451 Draft Performance Agreement for Cumberland Council General Manager for the Period 1 July 2023 to 30 June 2024................................................................................. 193

AR02/24-2 Notice of Motion to Alter Council Resolution - CTC-23-187- Kibo Road, Regents Park - Proposed Refuge Island....................................................... 195

13 Questions with Notice

Nil

14 Closed Session Reports

C02/24-462 Tender Evaluation Report - Norman Park Playspace Upgrade RFx574

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

C02/24-463 Tender Evaluation Report - Rosnay (Auburn) Golf Course Irrigation Upgrade RFx648

15 Confidential Attachments from Open Reports

C02/24-456 Letter of Offer for 4-4A Terminal Place, Merrylands

1... Letter of Offer

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

C02/24-457 Letter of Offer for 15 Neil Street, Merrylands

1... Letter of Offer

16 Resolutions passed in Closed Session

17 Other / General Matters

18 Close

Council Meeting

7 February 2024

Item No: C02/24-453

Ordinary Council Meeting Schedule - Remainder of Council Term 2024

Directorate: Governance and Risk

Responsible Officer: Director Governance and Risk

Community Strategic Plan Goal: Providing Local Leadership

Summary

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

Recommendation

That Council adopt the Ordinary Council Meeting Schedule for the remainder of the current Council term as outlined in the report.

Report

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

It is proposed that Council resume its meeting schedule from 21 February 2024, with Ordinary Council meetings generally being held on the first and third Wednesday of each month with meetings commencing at 6.30pm.

Further, public holidays such as the Easter long weekend have been considered in preparing the proposed meeting schedule, to ensure that Councillors will have reasonable time to review published business papers prior to a meeting being held after a long weekend including a public holiday.

One meeting is proposed for July 2024, given the Australian Local Government Association conference is being held on July 2^nd – 5^th 2024 in Canberra, which also includes evening engagements for attending Councillors.

There is an election caretaker period in effect from 4 weeks prior to the local government general election day, being Saturday 14 September 2024.

Following the general election results being formally declared, Council must schedule a meeting within 3 weeks to elect a Mayor, in accordance with Section 290 (1)(a) of the Local Government Act 1993. As part of this meeting, Councillors will undertake an Oath or Affirmation of Office as the first item of business of the Council term. It is anticipated that the schedule for Ordinary Council meetings following the general election will be reported to the incoming Council for adoption.

If this meeting schedule is adopted, any additional meetings required can be scheduled through the calling of an Extraordinary Council meeting in accordance with the adopted Code of Meeting Practice.

Accordingly, it is recommended that Council adopt the below Ordinary Council meeting Schedule for the remainder of this Council term as follows:

PROPOSED MEETING DATES (2024)
21^st February
6^th March
20^th March
17^th April
1^st May
15^th May
5^th June
19^th June
17^th July
7^th August
21^st August

Community Engagement

The Council meeting schedule will be updated on Council’s website following consideration and adoption by Council.

Policy Implications

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

Risk Implications

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

Financial Implications

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

CONCLUSION

It is recommended that Council now adopt the Council meeting schedule for the remainder of the current Council term.

Attachments

Nil

Council Meeting

7 February 2024

Item No: C02/24-454

Investment Report - November 2023

Directorate: Corporate Performance

Responsible Officer: Director Corporate Performance (Deputy GM)

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 November 2023.

Recommendation

That Council receive the November 2023 Investment Report.

Report

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

Council Investments as at 30 November 2023

Council’s investment portfolio has a current market value of $244,518,230 and has returned 4.02% 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 0.52% (actual) for the month on a market-to-market basis versus the bank bill index benchmark’s 0.35% 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 4.02% versus the bank bill index benchmark’s 3.76%.

As at 30 November 2023 the cumulative interest earned was $4,424,143. This is $2,130,810 higher than the year-to-date budget of $2,293,333.

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

Preservation of capital is the prime objective of the investment portfolio. Investments are placed in a manner that seeks to ensure security and safeguarding of the investment portfolio. This includes managing credit and interest rate risk within identified thresholds and parameters that is both set in Council’s Investment Policy and guided by the investment advisor.

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 November 2023

2. Investment Commentary November 2023

Council Meeting

7 February 2024

Item No: C02/24-455

Investment Report - December 2023

Directorate: Corporate Performance

Responsible Officer: Director Corporate Performance (Deputy GM)

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 December 2023.

Recommendation

That Council receive the December 2023 Investment Report.

Report

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

Council Investments as at 31 December 2023

Council’s investment portfolio has a current market value of $240,520,860 and has returned 4.46% 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 0.56% (actual) for the month on a marked-to-market basis versus the bank bill index benchmark’s 0.37% 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 4.46% versus the bank bill index benchmark’s 3.89%.

As at 31 December 2023 the cumulative interest earned was $5,708,726. This is $1,336,226 higher than the year-to-date budget of $4,372,500.

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

Financial Implications

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

CONCLUSION

Attachments

1. Investment Report December 2023

2. Investment Commentary December 2023

Council Meeting

7 February 2024

Item No: C02/24-456

Letter of Offer for 4-4A Terminal Place, Merrylands

Directorate: Environment and Planning

Responsible Officer: Director Environment & Planning

Community Strategic Plan Goal: Enhancing the Natural and Built Environment

Summary

Council is currently assessing Development Applications at 4-4A Terminal Place, Merrylands (DA2022/0722 and DA2022/0776), which include the construction of mixed-use development comprising of commercial tenancies, neighbourhood shops and residential units.

Related to the applications, Council received a Letter of Offer from the applicants of the development applications to enter into a Planning Agreement to dedicate the open space area and local road area on the site to Council as identified in the Cumberland LEP, and for the value of the land and any associated works with the identified open space area and local road area (as required by Council) to be used to offset local infrastructure contributions for the site.

Following review by Council officers, it is recommended that Council endorse in-principle the offer. The offer is consistent with the Cumberland Planning Agreements Policy as it would provide a public benefit through the dedication of land for open space and local roads, as well as associated works that are identified in local planning controls.

Recommendation

That Council:

1. Endorse in-principle the letter of offer for 4-4A Terminal Place, Merrylands, regarding the dedication of land for the purpose of open space and local roads, including associated works (as required by Council), and associated offsets of local infrastructure contributions, as outlined in this report.

2. Note that the Council resolution on the letter of offer will be considered as part of the assessment for the development applications on the site.

Report

Context

Council is currently assessing development applications DA2022/0722 and DA2022/0776. The Development Applications form part of the Merrylands Masterplan, the Gladstone Village (as shown in Figure 1):

1. Development Application DA2022/0722 at 2 Neil Street, Merrylands

This is considered as ‘Stage 2’ and ‘Site 1’ of works as part of the Merrylands Masterplan of the Gladstone Village (shown within the blue boundary in Figure 1). This includes the construction of a 21 storey mixed-use development comprising four (4) commercial tenancies and 236 residential units over five (5) levels of basement parking.

2. Development Application DA2022/0776 at 2 Neil Street, Merrylands and 4 & 4A Merrylands

This is considered as ‘Stage 3’ and ‘Site 2’ of works proposed to be completed as part of the Merrylands Masterplan of the Gladstone Village (shown within the red boundary in Figure 1). This includes the construction of three (3) buildings ranging in height from 12 to 17 storeys and comprising of six (6) neighbourhood shops and 303 residential units over six (6) levels of basement parking.

A map of a city

Description automatically generated

Figure 1 – Merrylands Masterplan, the Gladstone Village Proposed Development

Letter of Offer

Council received a Letter of Offer from Bartier Perry Lawyers on behalf of Merrylands (A) 88 Pty Limited (Applicant of Development Application 2022/0722) and Merrylands (B) 88 Developments Pty Ltd (Applicant of Development Application 2022/0776) dated 25 January 2024 to enter into a Planning Agreement to offset payable Section 7.11 contributions related to the Development Applications against the dedication of land identified in the Cumberland LEP and any associated works (as required by Council).

The land proposed to be dedicated is as follows:

· Land identified as Lot 3 in the Draft Subdivision Plan as shown below in Figure 2. Currently zoned RE1 Public Recreation and identified in the Cumberland Local Environmental Plan 2021, Land Reserved for Acquisition Map to be acquired by Council for Local Open Space (Public Domain).

· Land identified as Lot 4 in the Draft Subdivision Plan (otherwise known as McLeod Road) as shown below in Figure 2. Currently zoned E2 Commercial Centre and identified in the Cumberland Local Environmental Plan 2021, Land Reserved for Acquisition Map to be acquired by Council for a Local Road.

Works proposed to be included under the offer include public domain works associated with the site as envisioned in Council’s strategies and plans.

It is noted by Council officers that should there be a remaining balance under Section 7.11 following the completion of the offer, this will need to be paid as a monetary contribution.

A map of a street

Description automatically generated

Figure 2 – Draft Subdivision Plan

Public Benefit

The dedication of land for open space and local roads, including associated works, is consistent with the Cumberland Planning Agreements Policy as it would provide a public benefit through the construction of local infrastructure that is identified in local planning controls.

The open space and local roads are identified in the Land Reservation Acquisition Map in the Cumberland LEP and is shown in Figure 3 below.

Figure 3 – Land Acquisition Reservation in Cumberland LEP for Open Space and Local Roads

Next Steps

The development applications are being finalised and will be determined the Sydney Central City Planning Panel. Subject to Council’s in-principle endorsement of the offer, a condition will be included that the preparation, notification and finalisation of a Planning Agreement be undertaken in accordance with the offer. If the application is approved, a further report will be presented to Council on the draft Planning Agreement prior to public notification.

Should Council not support the offer, the assessment will be finalised with consideration of this outcome.

It is noted by Council officers that should there be a remaining balance under Section 7.11 following the completion of the offer, this will need to be paid as a monetary contribution.

Community Engagement

Should the offer be endorsed by Council and the development applications approved, the draft planning agreement will be prepared and publicly notified in accordance with Section 7.5 of the Environmental Planning and Assessment Act 1979 and Council’s Planning Agreements Policy.

Risk Implications

There are minimal risk implications for Council associated with this report.

Financial Implications

The proposed letter of offer will enable Council to deliver on planning outcomes for Merrylands without the need to use existing capital and/or local infrastructure contribution funding. If the offer does not proceed, Council will need to ensure that sufficient local contribution and/or general funding is available to progress the planning outcomes for the site. If these are not available, there would be a delay in the delivery of these planning outcomes for Merrylands.

CONCLUSION

The applicant’s offer to enter into a planning agreement has been considered by Council officers and is consistent with the relevant principles and requirements detailed in Council’s Planning Agreements Policy, and with statutory provisions of the Environmental Planning and Assessment Act 1979. It is recommended that Council provide in-principle endorsement of the offer.

Attachments

1. Letter of Offer (confidential)

Council Meeting

7 February 2024

Item No: C02/24-457

Letter of Offer for 15 Neil Street, Merrylands

Directorate: Environment and Planning

Responsible Officer: Director Environment & Planning

Community Strategic Plan Goal: Enhancing the Natural and Built Environment

Summary

The subject site at 15 Neil Street, Merrylands, benefits from development consent DA2012/493/1. Pursuant to Condition 138 of DA2012/493/1, a surplus amount to the value of $122,651.30 was granted to be used against any future development in the Cumberland local government area.

A subsequent development consent under DA2022/0131 was approved by the Cumberland Local Planning Panel on 4 August 2022 for alterations and additions to an approved mixed use development including the provision of an additional 8 residential storeys accommodating an additional 30 apartments, minor amendments to existing apartment layouts, minor amendments to the basement car park layout and modifications to the design and materials of the development. The site includes an area of open space that is identified for acquisition by Council in accordance with the Cumberland LEP.

A modification application has been received by Council (MOD2023/0552), seeking changes to the approved mixed use building and amendments to the conditions of consent. Related to the application, Council received a Letter of Offer to enter into a Planning Agreement to dedicate the open space area on the site to Council as identified in the Cumberland LEP, to use the surplus amount of Section 7.11 contributions (pursuant to Condition 138 of DA2012/493/1) as an offset to local infrastructure contributions for the site, and for the value of the land any associated works (as required by Council) within the identified open space area to be used to offset local infrastructure contributions for the site.

Following review by Council officers, it is recommended that Council endorse in-principle the offer. The offer is consistent with the Cumberland Planning Agreements Policy as it would provide a public benefit through the dedication of land for open space and associated works that is identified in local planning controls.

Recommendation

That Council:

1. Endorse in-principle the letter of offer for 15 Neil Street, Merrylands, regarding the dedication of land for the purpose of open space and associated works (as required by Council), use of a surplus value of contributions already paid, and associated offsets of local infrastructure contributions, as outlined in this report.

2. Note that the Council resolution on the letter of offer will be considered as part of the assessment for the modification application on the site.

Report

Context

The site currently known as 15 Neil Street, Merrylands, benefits from development consent DA2012/493/1 for the demolition of existing structures; subdivision of land into 2 lots and construction of a 9-storey mixed use building containing 28 residential units and 2 commercial units on Lot A and a part 7 part 8 storey residential fat building containing 59 units on Lot B totalling 87 units (being 7 x 1 bedroom with study; 65 x bedroom, 7 x 2 bedroom with study and 8 x 3 bedroom); 3 levels of basement parking containing 122 car spaces, provision of new roads, site works and landscaping.

Pursuant to Condition 138 of DA2012/493/1, a surplus amount to the value of $122,651.30 under Section 7.11 contributions was identified to be used against any future development in the Cumberland local government area.

A Planning Proposal previously undertaken for the precinct amended the planning controls on the subject site, including the height and floor space of buildings, and amended the zoning and development controls for the entire Neil Street Precinct. These controls were transferred into the current Cumberland Local Environmental Plan 2021, which provides for a floor space ratio of 8.5:1 and maximum building height of 54 metres.

The works associated with Building B, including extension and dedication of Dressler Court and McLeod Road (bounded by white lines in Figure 1 below), have since been completed. Open space area (Open Space/OS 1 in Figure 1 below) has also been dedicated to Council as part of works carried out under Stage 1. An Occupation Certificate for Building B was issued on 18 May 2021.

Following the Planning Proposal, a further development consent for Lot A (Building A) under DA2022/0131 was approved by the Cumberland Local Planning Panel on 4 August 2022 for alterations and additions to an approved mixed use development, including the provision of an additional 8 residential storeys accommodating an additional 30 apartments, minor amendments to existing apartment layouts, minor amendments to the basement car park layout and modifications to the design and materials of the development.

Recently, a modification application has been received by Council (MOD2023/0552), seeking changes to the approved mixed use building and amendments to the conditions of consent.

Figure 1: Site Layout

Proposed Offer

Council received a Letter of Offer from Paramonte Legal on behalf of HB and Sons Pty Ltd on 18 January 2024 to enter into a Planning Agreement to dedicate the open space area on the site to Council (Open Space/OS 2 in Figure 1 above) as identified in the Cumberland LEP, to use the surplus amount of Section 7.11 contributions (pursuant to Condition 138 of DA2012/493/1) as an offset to local infrastructure contributions for the site, and for the value of the land and any associated works with the identified open space area (as required by Council) to be used to offset local infrastructure contributions for the site.

It is noted by Council officers that should there be a remaining balance under Section 7.11 following the completion of the offer, this will need to be paid as a monetary contribution.

Public Benefit

The dedication of open space and associated works is consistent with the Cumberland Planning Agreements Policy as it would provide a public benefit through the construction of local infrastructure that is identified in local planning controls.

The open space is identified in the Land Reservation Acquisition Map in the Cumberland LEP and is shown in Figure 2 below.

Figure 2: Land Acquisition Reservation in Cumberland LEP for Open Space

Next Steps

The modification application MOD2023/0552 is being finalised and will be determined under delegation by Council officers. Subject to Council’s in-principle endorsement of the offer, a condition will be included that the preparation, notification and finalisation of a Planning Agreement be undertaken in accordance with the offer. If the application is approved, a further report will be presented to Council on the draft Planning Agreement prior to public notification.

Should Council not support the offer, the assessment will be finalised with consideration of this outcome.

Community Engagement

Should the offer be endorsed by Council and the modification application approved, the draft planning agreement will be prepared and publicly notified in accordance with Section 7.5 of the Environmental Planning and Assessment Act 1979 and Council’s Planning Agreements Policy.

Policy Implications

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

Risk Implications

There are minimal risk implications for Council associated with this report.

Financial Implications

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

CONCLUSION

Attachments

1. Letter of Offer (confidential)

Council Meeting

7 February 2024

Item No: C02/24-458

Draft Pendle Hill Town Centre Public Domain Plan - Post Exhibition

Directorate: Environment and Planning

Responsible Officer: Director Environment & Planning

Community Strategic Plan Goal: Enhancing the Natural and Built Environment

Summary

The Draft Pendle Hill Town Centre Public Domain Plan has been developed to guide the delivery of a consistently high-quality public realm to promote the revitalisation of the Pendle Hill Town Centre. The Draft Plan supports the broader planning work undertaken for this precinct.

The Public Domain Plan was placed on public exhibition for a period of 28 days seeking feedback from the community and key stakeholders. This report details the outcomes from submissions received during the public exhibition period and recommends the adoption of the Pendle Hill Town Centre Public Domain Plan.

Recommendation

That Council adopt the Pendle Hill Town Centre Public Domain Plan as provided in Attachment 1.

Report

Council at its meeting of 3 May 2023 (Item No: C05/23-299) resolved that the Pendle Hill Town Centre Public Domain Plan be placed on public exhibition for a period of 28 days, with a report provided back to Council following the conclusion of the exhibition period (Min. 424).

The Draft Pendle Hill Town Centre Public Domain Plan was exhibited for 28 days between Monday 22 May to Wednesday 21 June 2023 and made available on Council’s ‘Have Your Say’ page.

Subsequently, a total of 24 direct submissions were received. A summary of all themes from the submissions received, and the Council’s responses are outlined in Attachment 3 to this report.

The majority of responses received from the community were in support of the Public Domain Plan. The final draft revision of the document following the public exhibition period has been prepared to take account of minor errors and text clarifications.

In accordance with the above, Council has now addressed all public feedback and recommends the Pendle Hill Town Centre Public Domain Plan be adopted by Council as outlined in Attachment 1 of this report.

Community Engagement

Council publicly exhibited the Draft Pendle Hill Town Centre Public Domain Plan, for a period of 28 days from Monday 22 May to Wednesday 21 June 2023 both on Council’s website and in local newspaper publications.

Council had 835 visits to the ‘Have Your Say’ community engagement website during the public exhibition period, with 396 downloading the Draft Pendle Hill Town Centre Public Domain Plan provided.

Submissions were received from 23 community respondents and 1 directly from community and public organisations. Council has formally responded to all respondents who made a submission and notified them of the consideration of this item at this Council meeting.

Methods of engagement included:

· Notices published in local newspapers.

· Notices sent to Have Your Say Newsletter participants, community groups and public agencies, and posted on social media.

· Flyers were distributed to local businesses.

· Posters were installed at select locations within the town centre.

· Two pop up information stalls in the town centre.

Policy Implications

The Plan will support place-based outcomes identified for Pendle Hill in Cumberland 2030: Our Local Strategic Planning Statement and is also aligned with Council’s Community Strategic Plan.

Risk Implications

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

Financial Implications

Public domain works identified in the Pendle Hill Town Centre Public Domain Plan will be included for consideration in Council’s capital works program. Development contributions have been collected and reserved for this purpose. The first stage of works under the Plan is for the upgrade of Civic Park in Pendle Hill, which is underway and received funding from Council and the NSW Government. Further grant opportunities to implement the plan will also be explored as they become available.

CONCLUSION

The Pendle Hill Town Centre Public Domain Plan has been developed to guide the delivery of consistently high-quality public realm to reinforce the centre’s role in creating healthy, creative, culturally rich and socially connected communities. It is recommended that Council adopt the Pendle Hill Town Centre Public Domain Plan as provided in Attachment 1.

Attachments

1. Pendle Hill Town Centre Public Domain Plan

2. Draft Pendle Hill Town Centre Public Domain Plan - Engagement Evaluation Report

3. Draft Pendle Hill Town Centre Public Domain Plan - Response to Submissions

Council Meeting

7 February 2024

Item No: C02/24-459

Tom Adams Oval Naming - Post Exhibition

Directorate: Environment and Planning

Responsible Officer: Director Environment & Planning

Community Strategic Plan Goal: Enhancing the Natural and Built Environment

Summary

This report provides a response to the Notice of Motion – Tom Adams Oval resolved at the Ordinary Meeting of Council on 19 April 2023 (Min. 410).

Recommendation

That Council installs the proposed commemorative plaque in honour of the late Thomas (Tom) Adams and updated identification signage associated with the naming at Roberta Street Park, Greystanes, as outlined in this report.

Report

At the Ordinary Council meeting held on 19 April 2023, Council resolved to place the naming proposal on public exhibition for 28 days and to return a report to Council following public exhibition (Min. 410).

Further to the resolution, Council consulted with the Greystanes Cricket Club and family of Tom Adams to confirm content and location preferences. This consultation resulted in the proposed commemorative plaque attached to this report, and consensus that the plaque be mounted on the field facing wall of the parks amenities building.

The Club also wished for Council to consider the installation of updated identification signage incorporating Tom Adams Oval name text, including:

· Installation of two (2) new park identification signs to each side of the parks two Roberta Street road frontages

· Installation of one (1) wall mounted identification sign mounted near the Plaque

· Removal of one (1) existing outdated park identification sign

Figure 1 - Roberta Street Park, Greystanes – Proposed Plaque and Signage Locations

It is recommended that Council proceed with the installation of the plaque and associated signage as outlined in this report.

Community Engagement

Council publicly exhibited the ‘Tom Adams Oval’ naming proposal on Council’s webpage for a period of 28 days from Monday 22 May to Tuesday 20 June 2023.

Notification of the proposal was included in the May 2023 Have Your Say Monthly Newsletter, which was sent to registered users, as well as the May episode of the Cumberland Conversations Podcast.

Council had 838 visits to the ‘Have Your Say’ community engagement webpage during the public exhibition period. A total of 55 community submissions were received and none were opposed to the proposal. Many commented on the positive contribution over many decades that Tom had on the local community.

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 estimated cost to fabricate and install the proposed commemorative plaque is $3,500. The estimated cost to update site identification signs incorporating Tom Adams Oval name text is $20,000. Funding is available under Council’s budget for this to be undertaken.

CONCLUSION

In accordance with the above, Council has now addressed public exhibition and recommends that Council installs the proposed commemorative plaque in honour of the Late Thomas (Tom) Adams and progress with updated identification signage at Roberta Street Park, Greystanes.

Attachments

1. Proposed Plaque Artwork

Council Meeting

7 February 2024

Item No: C02/24-460

Report on Variations for Development Standards Approved Under Delegation - October to December 2023 Quarter

Directorate: Environment and Planning

Responsible Officer: Director Environment & Planning

Community Strategic Plan Goal: Providing Local Leadership

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
October to December 2023 Quarter

DA-2023/0424 21 November 2023 DA-2023/0663 19 December 2023	25 Ralph Street WESTMEAD 16 Queen Street GRANVILLE	Use of Attached Dual Occupancy Demolition of existing outbuilding and construction of a secondary dwelling with an attached storage room	Floor Space Ratio Minimum site area for secondary dwellings under SEPP Housing 2021	4.5% Approved, as built structure has minimal bulk and scale impacts on adjoining sites 0.9% Approved, as the site area complies with the Cumberland DCP 2021

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

7 February 2024

Item No: C02/24-461

Notice of Motion - Response to proposed changes to Planning Policy for parts of Berala and Lidcombe.

Councillor: Sabrin Farooqui and Kun Huang

Summary

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

Notice of Motion

That with respect to the recently proposed changes to planning policy for parts of Berala and Lidcombe, Council:

1. Undertake community information sessions with the affected residents in Lidcombe and Berala to understand the proposed planning changes.

2. Request that staff from the relevant state agencies attend the information sessions.

3. Write to the State Government outlining the community’s feedback on the proposal.

Resourcing/FINANCIAL Implications

This can be undertaken using existing resources.

General Manager Advice

In December 2023, the NSW Government announced the Transport Oriented Development Program to facilitate additional housing with transport infrastructure. As part of this announcement, Lidcombe and Berala were identified in the Program, with a new State Environmental Planning Policy being prepared to allow for residential apartment buildings up to 6 levels to be built within 400m of these stations. It is noted that there are areas in Lidcombe and Berala under the Program that are currently not zoned for this level of development.

Council officers have had initial discussions with the officers from the Department of Planning, Housing and Infrastructure on these planning policy changes, and it is understood that the changes are intended to commence this year. Should the Motion be supported, it is recommended that the community information sessions are held in February 2024, with a submission prepared for consideration by Council in March 2024.

Attachments

1. Transport Oriented Development Program

Council Meeting

7 February 2024

Item No: AR02/24-1

Notice of Motion to Alter Council Resolution - C12/23-451 Draft Performance Agreement for Cumberland Council General Manager for the Period 1 July 2023 to 30 June 2024

Councillor/s: Paul Garrard, Steve Christou and Helen Hughes

SUMMARY

Pursuant to Notice, Councillors Garrard, Christou and Hughes move that Council alter the below resolution of Council made at the Council Meeting on 6 December adjourned to 13 December 2023 C12/23-451 Draft Performance Agreement for Cumberland Council General Manager for the Period 1 July 2023 to 30 June 2024.

Min.631

That Council:

1. Adopt the Draft Performance Agreement for Cumberland Council General Manager for the period 1 July 2023 to 30 June 2024, as provided under Attachment 1 to this report subject to deletion of the tier 3 weightings leaving the tier 1 and tier 2 weightings.

2. Note that this agreement, once adopted will form the basis on which the mid-year review of the General Manager’s performance will be conducted (in February 2024 consistent with the Procedure for the Review of the Performance of the General Manager).

3. Receive a report in July 2024 to nominate a third panel member to form the Review Panel, to conduct the review of the General Manager’s performance for the period 1 July 2023 to 30 June 2024 as per the Procedure for the Review of the Performance of the General Manager.

4. Conduct the annual review of the General Manager’s performance on or as close as possible to 1 August 2024.

Motion

That Council:

1. Adopt the Draft Performance Agreement for Cumberland Council General Manager for the period 1 July 2023 to 30 June 2024, as provided under Attachment 1 to this report subject to deletion of the tier 3 weightings leaving the tier 1 and tier 2 weightings subject to the following inclusions:

- That the General manager undertake initiatives to improve compliance around illegally parked trucks on residential roads

- That the town centres cleanliness be improved

- That customer service performance be improved whereby staff become more accountable to ratepayer requests

4. Conduct the annual review of the General Manager’s performance on or as close as possible to 1 August 2024.

Signed:

Councillor Paul Garrard

Councillor Steve Christou

Councillor Helen Hughes

Attachments

Nil

Council Meeting

7 February 2024

Item No: AR02/24-2

Notice of Motion to Alter Council Resolution - CTC-23-187- Kibo Road, Regents Park - Proposed Refuge Island

Councillor/s: Helen Hughes, Paul Garrard and Steve Christou

SUMMARY

Pursuant to Notice, Councillors Hughes, Garrard and Christou move that Council alter the below resolution of Council made at the Council Meeting on 6 December adjourned to 13 December 2023 CTC-23-187- Kibo Road, Regents Park - Proposed Refuge Island.

Min.624

That:

1. The proposed Refuge Island with associated signage and line marking on Kibo Road, Regents Park (adjacent to Kibo Reserve) be finalised and included in Council’s Capital Works Program.

2. Council liaise with Australia Post for the relocation of the mailbox.

3. The affected / concerned residents be notified of Council’s resolution.

Motion

That the proposed Pedestrian Crossing with associated signage and zebra line marking on Kibo Road, Regents Park (adjacent to Kibo Reserve) be finalised in accordance with the plan and included in Council’s Capital Works Program by a referral back to the Traffic Committee.

Signed:

Councillor Helen Hughes

Councillor Paul Garrard

Councillor Steve Christou

Attachments

Nil