Council Meeting
Wednesday, 17 April 2024 at 6:30 PM
Cumberland City Council Chambers
Merrylands Service Centre, 16 Memorial Avenue, Merrylands
Council Meeting
Wednesday, 17 April 2024 at 6:30 PM
Cumberland City Council Chambers
Merrylands Service Centre, 16 Memorial Avenue, Merrylands
Councillor Contact Details
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Granville Ward |
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Clr Steve Christou |
0419 651 187 |
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Clr Ola Hamed (Deputy Mayor) |
0405 070 007 |
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Clr Joseph Rahme |
0418 995 471 |
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Greystanes Ward |
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Clr Diane Colman |
0400 279 200 |
Diane.Colman@cumberland.nsw.gov.au |
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Clr Greg Cummings |
0417 612 717 |
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Clr Eddy Sarkis |
0425 348 000 |
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Regents Park Ward |
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Clr Kun Huang |
0418 911 774 |
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Clr Sabrin Farooqui |
0400 322 999 |
Sabrin.Farooqui@cumberland.nsw.gov.au |
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Clr Helen Hughes |
0400 264 534 |
Helen.Hughes@cumberland.nsw.gov.au |
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South Granville Ward |
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Clr Glenn Elmore |
0418 459 527 |
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Clr Paul Garrard |
0414 504 504 |
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Clr Mohamad Hussein |
0400 281 726 |
Mohamad.Hussein@cumberland.nsw.gov.au |
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Wentworthville Ward |
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Clr Suman Saha |
0419 546 950 |
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Clr Lisa Lake (Mayor) |
0418 669 681 |
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Clr Michael Zaiter |
0418 432 797 |
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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 April 2024
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
C04/24-492 Minutes of the Ordinary Meeting of Council - 20 March 2024........... 5
5 Disclosures of Interest
Nil
7 Public Forum / Presentation of Petitions
8 Items Resolved by Exception
C04/24-493 Legal Report......................................................................................... 29
C04/24-494 Investment Report - March 2024....................................................... 31
C04/24-495 Draft Operational Plan and Fees and Charges 2024-2025.......... 49
C04/24-496 Voluntary Planning Agreement - 15 Neil Street, Merrylands...... 257
C04/24-497 Draft Toongabbie Town Centre Public Domain Plan................... 315
C04/24-498 Draft Guildford Town Centre Public Domain Plan - Post Exhibition. 349
C04/24-499 Draft Engineering Services Policy and Guidelines - Post Exhibition 413
C04/24-500 Review of Property Policies............................................................. 491
10 Reports of Council Committees
C04/24-501 Quarterly Progress Report on Council's Section 355 Committee and Community Advisory Committees........................................................................ 579
C04/24-502 Notice of Motion - Promotion of Opportunities in Development Industry 677
12 Motions to Alter or Rescind Council Resolution
Nil
Nil
C04/24-503 Tender Evaluation Report - Auburn Ruth Everuss Aquatic Centre - Heat Pumps
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.
C04/24-504 Outcome of the General Manager's Mid-Year Performance Review for the Period from 1 July 2023 to 31 December 2023
Note: Included in Closed Council in accordance with Section 10A(2)(a) of the Local Government Act as the information involves personnel matters concerning particular individuals (other than Councillors).
15 Confidential Attachments from Open Reports
C04/24-493 Legal Report
1... Litigation register
Note: Included in Closed Business Paper in accordance with Section 10A(2)(g) of the Local Government Act as the information involves advice concerning litigation, or advice as comprises a discussion of this matter, that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.
C04/24-496 Voluntary Planning Agreement - 15 Neil Street, Merrylands
2... Public Benefit Offer Analysis - 15 Neil Street, Merrylands
Note: Included in Closed Business Paper in accordance with Section 10A(2)(d)(ii) of the Local Government Act as the information involves information that would, if disclosed, confer a commercial advantage on a competitor of the council.
16 Resolutions passed in Closed Session
17 Other / General Matters
18 Close
17 April 2024
Item No: C04/24-492
Minutes of the Ordinary Meeting of Council - 20 March 2024
Directorate: Governance and Risk
Responsible Officer: Director Governance and Risk
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That Council confirm the minutes of the Ordinary Meeting of Council held on 20 March 2024. |
Attachments
DOCUMENTS
ASSOCIATED WITH
REPORT C04/24-492
Attachment 1
Draft Council Minutes - 20 March 2024
17 April 2024
Item No: C04/24-493
Legal Report
Directorate: General Manager
Responsible Officer: General Counsel
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 April 2024. 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)
Note: Included in Closed Business Paper in accordance with Section 10A(2)(g) of the Local Government Act as the information involves advice concerning litigation, or advice as comprises a discussion of this matter, that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.
17 April 2024
Item No: C04/24-494
Investment Report - March 2024
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 March 2024.
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Recommendation
That Council receive the March 2024 Investment Report. |
Report
Included in this report are the following items that highlight Council’s investment portfolio performance for March 2024.
Council Investments as at 31 March 2024
Council’s investment portfolio has a current market value of $228,866,667 and has returned 4.86% 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
As at 31 March 2024 the cumulative interest earned was $8,850,538. This is $2,291,788 higher than the year-to-date budget of $6,558,750.
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 March 2024
DOCUMENTS
ASSOCIATED WITH
REPORT C04/24-494
Attachment 1
Investment Report March 2024
17 April 2024
Item No: C04/24-495
Draft Operational Plan and Fees and Charges 2024-2025
Directorate: Corporate Performance
Responsible Officer: Director Corporate Performance (Deputy GM)
Community Strategic Plan Goal: Providing Local Leadership
Summary
This report introduces the updated Integrated Planning and Reporting documents consisting of:
· Draft Operational Plan 2024-2025
· Draft Fees & Charges 2024-2025
Following the annual process of reviewing service delivery, activities and financial planning and projection, these documents have been drafted for public review. Upon completion of the public exhibition period, all feedback will be considered with necessary amendments made. The final documents will then be submitted to Council for adoption in June 2024.
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Recommendation That Council place the Draft Operational Plan 2024-2025 and Draft Fees and Charges 2024-2025 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.
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Report
Integrated Planning and Reporting (IP&R) is a framework that each NSW Council must implement to ensure long term planning for the area is guided by community engagement. The Framework (shown below) requires Council to have in place a cascading set of plans, which translates community priorities into action, and seeks to answer four key questions:
1. Where are we now?
2. Where do we want to go?
3. How will we get there?
4. How will we know when we have arrived?
In short, Council must have in place:
· A 10-year Community Strategic Plan (CSP) that reflects the long-term goals and aspirations of the whole community.
· A four-year Delivery Program that translates community priorities into principal activities the Council will focus on during its term to advance towards the CSP’s vision.
· An annual Operational Plan that outlines the specific activities Council will undertake over the year, which includes the budget and other statutory information.
· A four-year Resourcing Strategy detailing how Council intends to sustainably allocate resources to support these plans.
· A reporting framework on the performance and progress of these plans.
As part of this strategic framework, the Draft Operational Plan 2024-2025 and the Draft Fees and Charges 2024-2025 have been reviewed and prepared for public exhibition.
The Draft Operational Plan 2024-2025 (Attachment 1) introduces Council’s detailed Service Plans, covering all 38 frontline and internal service offerings. In this document there is a detailed description of each service, its deliverables, a breakdown of the full net cost of service detailing income and expenditure distribution and specific key performance indicators. Additionally, this document contains Council’s annual budget, rates, capital works, fees and charges (presented as a separate document), and other statutory information.
Progress with the Plan will be reported through six-monthly and annual reports. These reports transparently communicate the extent of Council’s achievement in delivering on the commitments in the document.
The Draft Fees and Charges 2024-2025 are a sub-section of the Draft Operational Plan 2024-2025 and are presented as a separate document (Attachment 2) for ease of presentation.
If endorsed by Council, these draft documents will be publicly exhibited for 28 days for community consultation and returned to Council in June 2024 for consideration and adoption.
Community Engagement
The draft documents will be exhibited for a period of 28 days in line with Council’s Community Engagement Strategy with comments from the public strongly encouraged.
Policy Implications
The Operational Plan 2024-2025 will form part of the set of primary policy documents of Council. This document sets out the primary actions Council commits to delivering over the financial year. Changes to this document by way of addition or deletion of activities require Council resolution.
Risk Implications
There are no risk implications for Council associated with this report.
Financial Implications
The Operational Plan 2024-2025 contains the draft budget for the same financial year.
CONCLUSION
Council has committed to the delivery of an ambitious package of services, infrastructure and facilities within its Draft Operational Plan 2024-2025 at Attachment 1. The fees and charges proposed for the same period are also contained at Attachment 2, and Council welcomes feedback from the community on these drafts during the period of exhibition.
Attachments
1. Draft Operational Plan 2024-2025
DOCUMENTS
ASSOCIATED WITH
REPORT C04/24-495
Attachment 1
Draft Operational Plan 2024-2025
17 April 2024
Item No: C04/24-496
Voluntary Planning Agreement - 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 (subject to indexation) was granted to be used against any future development in the Cumberland local government area. A subsequent development consent under DA2022/0131 was approved which authorised the provision of an additional 8 residential storeys accommodating an additional 30 apartments to Building A. The site includes an area of open space that is identified for acquisition by Council in accordance with the Cumberland Local Environmental Plan (LEP) 2021. A modification application (MOD2023/0552) has also been approved for changes to the approved mixed use building and amendments to the conditions of consent relating to Section 7.11 contribution.
At the Council meeting of 7 February 2024, Council provided in-principle endorsement of 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), and use of the value of open space land and works in conjunction with the surplus value of contributions already paid to offset Section 7.11 contribution imposed on DA2022/0131.
Following Council’s resolution and determination of the modification application, a draft Voluntary Planning Agreement has been prepared for consideration by Council. It is recommended that Council endorses the draft Voluntary Planning Agreement, and that the draft agreement be placed on public exhibition for a period of 28 days in accordance with legislative and policy requirements. It is also recommended that Council endorse the finalisation of the Voluntary Planning Agreement and delegate the Mayor and General Manager to finalise and execute the Voluntary Planning Agreement, subject to no significant objections arising from public exhibition.
Recommendation
That Council:
1. Endorse the draft Voluntary Planning Agreement prepared for 15 Neil Street, Merrylands, and that the draft agreement be publicly exhibited for a period of 28 days in accordance with legislative and policy requirements; and
2. Delegate authority to the Mayor and General Manager to finalise and execute the Voluntary Planning Agreement on behalf of Council for 15 Neil Street, Merrylands, subject to no significant objections on the draft agreement arising from public exhibition.
Report
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 Building A and a part 7 part 8 storey residential flat building containing 59 units on Building 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. The works associated with Building B, including extension and dedication of Dressler Court and McLeod Road, are bounded by white lines in Figure 1 below.
A subsequent development consent under DA2022/0131 was approved for the subject site 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 to Building A, 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 2021. A modification application (MOD2023/0552) was approved by Council on 15 March 2024 for changes to the approved mixed use building and amendments to the conditions of consent relating to Section 7.11 contribution.
1. Figure 1: Site Layout
At the Council meeting of 7 February 2024, Council provided in-principle endorsement of the letter of offer for 15 Neil Street, Merrylands, regarding the dedication of land for the purpose of open space (marked as OS 2 in Figure 1 above) that is identified in the Cumberland LEP 2021 and associated works (as required by Council), and use of the value of open space land and works in conjunction with the surplus value of contributions already paid (pursuant to Condition 138 of DA2012/493/1) to offset Section 7.11 contribution imposed on DA2022/0131. 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.
Following Council’s resolution and determination of the modification application, a draft Voluntary Planning Agreement has been prepared for consideration by Council. The draft Agreement is based on the letter of offer provided that was previously endorsed by Council and as outlined in this report. The scope of the draft Agreement is also consistent with the Cumberland Planning Agreements Policy and Guideline. The draft Agreement will enable the delivery of a public benefit through the dedication of land for open space and public domain works for the Merrylands Town Centre.
It is recommended that Council endorse the draft Voluntary Planning Agreement, and that the draft Agreement be placed on public exhibition for a period of 28 days in accordance with legislative and policy requirements. Subject to no significant objection during public exhibition, it is also recommended that Council delegates authority to the Mayor and General Manager to finalise and execute the Voluntary Planning Agreement.
Community Engagement
Should the draft Voluntary Planning Agreement be endorsed by Council, the document will be 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
Financial implications are outlined in the main body of the report.
CONCLUSION
A Voluntary Planning Agreement has been negotiated for 15 Neil Street, Merrylands, to derive public benefit for the Merrylands Town Centre. It is recommended that Council endorse the draft Voluntary Planning Agreement for public exhibition and to delegate the execution of the document to the Mayor and General Manager.
Attachments
1. Draft Voluntary Planning Agreement - 15 Neil Street, Merrylands
2. Public Benefit Offer Analysis - 15 Neil Street, Merrylands (confidential)
Note: Included in Closed Business Paper in accordance with Section 10A(2)(d)(ii) of the Local Government Act as the information involves information that would, if disclosed, confer a commercial advantage on a competitor of the council.
DOCUMENTS
ASSOCIATED WITH
REPORT C04/24-496
Attachment 1
Draft Voluntary Planning Agreement - 15 Neil Street, Merrylands
17 April 2024
Item No: C04/24-497
Draft Toongabbie Town Centre Public Domain Plan
Directorate: Environment and Planning
Responsible Officer: Director Environment & Planning
Community Strategic Plan Goal: Enhancing the Natural and Built Environment
Summary
The Draft Toongabbie Town Centre Public Domain Plan has been developed to guide the delivery of consistently high-quality public realm to promote the revitalisation of the Toongabbie Town Centre. The Draft Plan supports the broader planning work undertaken for this precinct.
It is recommended that Council place the Draft Toongabbie Town Centre Public Domain Plan on public exhibition, with a report to be provided back to Council.
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Recommendation
That Council place the Draft Toongabbie Town Centre Public Domain Plan on public exhibition for a period of 28 days, with a report to be provided back to Council. |
Report
The Draft Toongabbie Town Centre Public Domain Plan has been developed to guide the delivery of consistently high-quality public realm to promote the revitalisation of Toongabbie Town Centre.
The objectives of the Draft Plan are consistent with the outcomes identified for Toongabbie as a Local Centre in Cumberland 2030: Our Local Strategic Planning Statement, to deliver a high-quality public domain to reinforce the centre’s role in creating healthy, creative, culturally rich and socially connected communities. The plan also supports the delivery of transit-oriented development and place-based planning in the centre.
The draft Plan establishes a framework of design principles to guide the improvement of the public domain within the Centre. The main objectives are to:
· Promote design solutions that enhance the amenity and character of the Centre for residents, visitors, businesses, and other users.
· Foster communities that are healthy, resilient and socially connected.
· Provide upgraded connections for better access and improved pedestrian and vehicular network within the Centre.
· Promote outdoor dining and street activation by improving pedestrian amenity and access to outdoor dining areas.
· Improve urban canopy and green cover to mitigate urban heat island effects.
· Encourage the development of spaces that are attractive, well-used, robust, and safe for all users.
· Encourage social interaction, a range of sensory experiences, and functionality through high-quality design.
· Encourage sustainable environmental practices.
· Promote the seamless integration of the public and private domains.
It is recommended that Council place the Draft Toongabbie Town Centre Public Domain 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.
Community Engagement
Subject to endorsement, the Draft Toongabbie Town Centre Public Domain Plan will be placed 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.
Proposed engagement activities for the draft Plan include information on Council’s Have Your Say page and local newspapers, corflutes in various locations within the town centre, and opportunities for the community and businesses to meet Council officers to discuss and provide feedback on the draft Plan.
Policy Implications
The draft Plan will support place-based outcomes identified for Toongabbie 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 Draft Toongabbie Town Centre Public Domain Plan will be included for consideration in Council’s capital works program. Development contributions have also been collected and reserved for this purpose. Grant opportunities to deliver the draft Plan will also be considered.
CONCLUSION
The Draft Toongabbie Town Centre Public Domain Plan has been developed to guide the delivery of consistently high-quality public realm for the local town centre. It is recommended that the Draft Plan be placed on public exhibition for a period of 28 days, with a report to be provided back to Council.
Attachments
DOCUMENTS
ASSOCIATED WITH
REPORT C04/24-497
Attachment 1
Draft Toongabbie Town Centre Public Domain Plan
17 April 2024
Item No: C04/24-498
Draft Guildford 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 Guildford Town Centre Public Domain Plan has been prepared to guide the delivery of an enhanced public realm for the Guildford Town Centre. The Plan will support future work by Council, landowners and developers in achieving the desired public domain outcomes for this area. 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 Guildford Town Centre Public Domain Plan.
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Recommendation That Council adopt the Guildford Town Centre Public Domain Plan as provided in Attachment 1. |
Report
Council at its meeting of 18 October 2023 (Item No: C10/23-402) resolved that the Guildford 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. 565).
The Draft Guildford Town Centre Public Domain Plan was exhibited for 28 days between Monday 6 November to Tuesday 5 December 2023 and made available on Council’s ‘Have Your Say’ page.
Submissions were received from 22 community respondents and 3 directly from community and public organisations. 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 Guildford Town Centre Public Domain Plan be adopted by Council as outlined in Attachment 1 of this report.
Community Engagement
Council publicly exhibited the Draft Guildford Town Centre Public Domain Plan for 28 days from Monday 6 November to Tuesday 5 December 2023 both on Council’s website and in local newspaper publications.
Council had 1,237 visits to the ‘Have Your Say’ community engagement website during the public exhibition period, with 69 downloading the Draft Guildford Town Centre Public Domain Plan provided.
Submissions were received from 22 community respondents and 3 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.
· Promoted in an episode of Cumberland conversations podcast.
· 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 Guildford 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 Guildford Town Centre Public Domain Plan will be included for consideration in Council’s capital works program. Development contributions have also been collected and reserved for this purpose. The first stage of works identified under the Plan is the upgrade to Guildford Lane as part of the Safer Cities: Her Way project funded by the NSW Government, which is currently underway, with future initial stages having a focus on Guildford Road. Further grant opportunities to implement the plan will also be explored as they become available.
CONCLUSION
The Guildford 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 Guildford Town Centre Public Domain Plan as provided in Attachment 1.
Attachments
1. Guildford Town Centre Public Domain Plan
2. Draft Guildford Town Centre Public Domain Plan - Engagement Evaluation Report
3. Draft Guildford Town Centre Public Domain Plan - Response to Submissions
DOCUMENTS
ASSOCIATED WITH
REPORT C04/24-498
Attachment 1
Guildford Town Centre Public Domain Plan
DOCUMENTS
ASSOCIATED WITH
REPORT C04/24-498
Attachment 2
Draft Guildford Town Centre Public Domain Plan - Engagement Evaluation Report
DOCUMENTS
ASSOCIATED WITH
REPORT C04/24-498
Attachment 3
Draft Guildford Town Centre Public Domain Plan - Response to Submissions
17 April 2024
Item No: C04/24-499
Draft Engineering Services Policy and Guidelines - Post Exhibition
Directorate: Environment and Planning
Responsible Officer: Director Environment & Planning
Community Strategic Plan Goal: Delivering Sustainable Infrastructure and Services
Summary
This report recommends the adoption of the Engineering Services Policy and noting of the Engineering Services Guidelines following a period of public exhibition.
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Recommendation That Council: 1. Adopt the Engineering Services Policy. 2. Note the refinements to the Engineering Services Guidelines. |
Report
The Draft Engineering Services Policy and Draft Engineering Services Guidelines have been prepared to provide a consistent approach in dealing with a range of engineering services provided by Council for the community.
At the 17 May 2023 Ordinary Council meeting, Council resolved to place the Draft Engineering Services Policy and the Draft Engineering Services Guidelines on public exhibition for a period of 28 days, with a report provided back to Council following the conclusion of the exhibition period (Min. 438).
Subsequently, Council received one submission during the 28-day exhibition period. A summary of the submission received and Council’s response is outlined in the following table.
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Comments / suggestions |
Council officer response |
Changes to document |
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Suggestions to amend Principle of the Engineering Services Policy 2023 from "Support traffic and transport requirements to meet the needs of the Cumberland community" to clearly include "traffic, public and private transport, active transport and pedestrian requirements". |
Council officers raise no objection to this suggestion, and have subsequently updated both the Policy and Guidelines to include this clarification. |
Engineering Services Policy; Update Item c., under subheading Principle, page 3, to the following; Support traffic and transport requirements to meet the needs of the Cumberland community. These requirements include traffic, public and private transport, active transport and pedestrian safety.
Engineering Services Guidelines; Update Item c., under subheading Aims of the Guideline, page 1, to the following; Support traffic and transport requirements to meet the needs of the Cumberland community. These requirements includes traffic, public and private transport, active transport and pedestrian safety. |
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Concerns about how to enforce the Engineering Services Policy for private builders and developers. |
Noted. It is the intent of this Policy to inform builders and developers on the requirements and expectation of Cumberland City in the interest of its residents. |
No further action required. |
Based on the submission received, minor refinements have been made to the Policy and Guidelines.
It is recommended that Council adopt the Engineering Services Policy and note the refinements to the Engineering Services Guidelines. Should the Policy be adopted, the supporting Guidelines identified in this report will be submitted for approval by the General Manager.
Community Engagement
Council publicly exhibited the Draft Engineering Services Policy and Draft Engineering Services Guidelines for a period of 28 days from 19 June 2023 to 17 July 2023.
Council had 302 visits to the ‘Have Your Say’ community engagement website during the public exhibition period, with 116 people downloading the documents provided.
Council has also written to stakeholders seeking their views on the Draft Engineering Services Policy and Draft Engineering Services Guidelines.
A single submission was received. Council has formally responded to all respondents who made a submission and notified them of the consideration of this item at this Council meeting.
Policy Implications
The Engineering Services Policy and Engineering Services Guidelines 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
Council has publicly exhibited the Draft Engineering Services Policy and Draft Engineering Services Guidelines, and formally responded to all who made a submission. The Policy is now recommended for adoption.
Attachments
1. Engineering Services Policy
2. Engineering Services Guideline
DOCUMENTS
ASSOCIATED WITH
REPORT C04/24-499
Attachment 1
Engineering Services Policy
17 April 2024
Item No: C04/24-500
Review of Property Policies
Directorate: Governance and Risk
Responsible Officer: Director Governance and Risk
Community Strategic Plan Goal: Enhancing the Natural and Built Environment
Summary
This report presents the Draft Goods on Display Policy, Draft Outdoor Dining Policy, Draft Large Display Advertising Policy and Draft Dividing Fences Hardship Policy, following a period of mandatory policy review. The majority of changes recommended to the Policies are minor in nature and include updates to legislation and the inclusion of definitions within legislation. It is recommended that the Draft Policies be placed on public exhibition for consultation with the community.
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Recommendation That Council place the Draft Goods on Display Policy, Draft Outdoor Dining Policy, Draft Large Display Advertising Policy and Draft Dividing Fences Hardship Policy on public exhibition for a period of 28 days, and subsequently adopt the documents if no adverse submissions are received. |
Report
Background
Council’s currently adopted Property Policies continue to remain in force until superseded, however as a matter of good governance and policy management, they are now due for review. The majority of changes recommended to the Policies are minor in nature and include updates to legislation and the inclusion of definitions within legislation to provide transparency to the community and ensure consistent policy management. The Draft Policies were reported to the Property Committee meetings held in August and October 2023 respectively, and subsequently formed part of the Council business papers following those meetings for the visibility of Council.
Draft Goods on Display Policy
Council actively supports local businesses promoting trade by displaying goods on Council footpaths within the local government area. Whilst Council actively supports local businesses, it is imperative that adequate controls are maintained at all times for the safety of the community. The Policy is supported by the Goods on Display Guidelines, which provide the operative details for the Policy. For transparency, the Guidelines have been attached to this report.
The updated Draft Goods on Display Policy and Draft Goods on Display Guidelines provide business operators with a clear guide as to the requirements to assist with submitting an application. The Policy and Guidelines also provide clear guidance to Council compliance regulators as to the approved goods on display area and the display items which have been approved.
The Policy and Guidelines have been updated to ensure that the documents are clear, concise, and easy to read for business operators. Changes to the Policy include updates to the definitions and legislation requirements, including the new Cumberland Development Control Plan (DCP) 2021 which came into effect on 5 November 2021.
The Draft Goods on Display Policy and Draft Goods on Display Guidelines were presented to Council’s Property Committee on 28 August 2023.
Draft Outdoor Dining Policy
Council supports and encourages footway dining on footpaths as a means of creating a vibrant community, activating commercial town centres, and stimulating local economies and opportunities for local restaurants and cafes by allowing seating for outdoor dining.
The updated Draft Outdoor Dining Policy provides business operators with a clear guide as to the requirements to assist with submitting an application. It also provides clear guidance to Council compliance regulators as to the approved outdoor dining area. The Policy is supported by the Outdoor Dining Guidelines, which provide the operative details for the Policy. For transparency, the Guidelines have been attached to this report.
The Policy and Guidelines have been updated to ensure that the documents are clear, concise and easy to read for business operators wishing to apply. Changes to the Policy include updates to the definitions, legislation requirements which includes the new Cumberland Development Control Plan (DCP) 2021, which came into effect on 5 November 2021.
The Draft Outdoor Dining Policy and Draft Outdoor Dining Guidelines were presented to Council’s Property Committee on 28 August 2023.
Draft Large Display Advertising Policy
The Draft Large Display Advertising Policy sets out the basis upon which arrangements for the provision of public benefits to Council’s satisfaction may be achieved where a large display advertising structure is proposed to be erected over private or Council land under established criteria across the local government area.
The Policy has been reviewed by internal stakeholders and updated, with the main changes proposed include providing a detailed definitions section which accords with legislation, along with updated legislative references as the previous State Environmental Planning Policy No. 64 – Advertising and Signage (SEPP64) is no longer in force.
In reviewing the existing public benefit amounts listed for signage over private land, the amounts were deemed appropriate given current economic and market factors and are recommended to continue as outlined in the Policy.
The Draft Large Display Advertising Policy was presented to Council’s Property Committee on 23 October 2023.
Draft Dividing Fences Hardship Policy
The Dividing Fences Act 1991 (the Act) provides the legislative framework for dealing with matters regarding dividing fences between adjoining owners/neighbours.
Pursuant to Section 25 of the Dividing Fences Act 1991, Council is explicitly excluded from contributing towards the cost of dividing fences where they abut a “Public Reserve, Park or such other public purpose” under the Act. This also includes a Public Road where Council is the delegated roads authority.
Despite the exemptions provided under the Act, the Draft Dividing Fences Hardship Policy establishes a framework for Council to provide financial assistance to residents experiencing financial hardship.
The Draft Dividing Fences Hardship Policy has been reviewed, with the proposed changes including amendments to provide additional clarity and transparency, with the introduction of more detailed definitions and eligibility requirements, which align with the Council Development Control Plan (DCP) 2021 and section 4 of the Dividing Fences Act 1991.
Further, the Policy seeks to limit applications to residential dwellings only, and also increase the previous cap from $1,000 to $1,250 for fencing work under 50 lineal metres due to an increase in fencing material and construction costs.
The Draft Dividing Fences Hardship Policy was presented to Council’s Property Committee on 23 October 2023.
Community Engagement
The Draft Goods on Display Policy, Draft Outdoor Dining Policy, Draft Large Display Advertising Policy and Draft Dividing Fences Hardship Policy will be placed on public exhibition for a period of 28 days, to enable the community to have an opportunity for input. Should no adverse submissions be received, the documents will be adopted.
Policy Implications
There are no risk implications for Council associated with this report. The mandatory review of policies is a good governance and good policy management practice.
Risk Implications
There are no risk implications for Council associated with this report. The practice of regular Policy review ensures that Council’s operations are underpinned by good governance arrangements.
Financial Implications
There is the potential for a minor cost increase with respect to the increase in financial contributions to any approved dividing fences hardship application. This is budgeted as part of the operational budget for the Property Transactions team. Otherwise, there are no material financial implications to Council as a result of the Policy reviews.
CONCLUSION
The Draft Goods on Display Policy, Draft Outdoor Dining Policy, Draft Large Display Advertising Policy and Draft Dividing Fences Hardship Policy have been reviewed and updated for improved clarity and to ensure the documents are consistent with current legislation, and economic and market factors. It is recommended that the Draft Policies be placed on public exhibition, with a further report to be provided to Council should any adverse submissions be received during the consultation process.
Attachments
1. Draft Goods on Display Policy
2. Draft Goods on Display Guidelines
3. Draft Outdoor Dining Policy
4. Draft Outdoor Dining Guidelines
5. Draft Large Display Advertising Policy
DOCUMENTS
ASSOCIATED WITH
REPORT C04/24-500
Attachment 1
Draft Goods on Display Policy
17 April 2024
Item No: C04/24-501
Quarterly Progress Report on Council's Section 355 Committee and Community Advisory Committees
Directorate: Governance and Risk
Responsible Officer: Director Governance and Risk
Community Strategic Plan Goal: Providing Local Leadership
Summary
This report provides the Draft Minutes of the quarterly Section 355 Committee and Community Advisory Committee meetings held, convened since the last quarterly update to Council.
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Recommendation That Council receive the report noting the Draft Minutes of Council’s Section 355 and Community Advisory Committees recently convened, and determine the recommendations requiring Council decision. |
Report
Quarterly Advisory Committee Meetings
Council’s Wentworthville Community Garden Section 355 Committee met in February 2024, and the Community Advisory Committees conducted their quarterly meetings from 1 February 2024. The final draft minutes of all Committee meetings are attached to this report, with the exception of the Events, Green Corridor and Homelessness Advisory Committees who did not hold a meeting due to not achieving quorum. Below are two recommendations from the Committee minutes which require Council approval to proceed:
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Committee |
Committee Recommendation |
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ATSIC |
The Committee recommends that Council commence discussions with Gandangara LALC to initiate a partnership agreement. The Committee endorses the draft agreement in principle and refers delegation to the General Manager. |
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Floodplain Risk Management |
The Committee recommends that Council note the current project status and endorse that Council officers undertake early engagement with the community on the Duck River and Duck River Overland Flood Study to inform the preparation of the study. |
It is now recommended that Council receive the report detailing the meeting minutes of the Section 355 and Advisory Committee meetings held, and determine the recommendations requesting Council adoption.
Community Engagement
All Committees undertook their meetings in accordance with their respective Terms of Reference.
Policy Implications
All Committees undertook their meetings in accordance with Council’s Governance Framework.
Risk Implications
There are no risk implications for Council associated with this report.
Financial Implications
There are no financial implications for Council associated with this report.
CONCLUSION
This report has been prepared to provide Council the minutes of the quarterly advisory committee meetings held over February and March 2024. It is now recommended that Council receive the minutes, and determine the two recommendations requesting Council adoption.
Attachments
1. Wentworthville S355 Community Garden Committee Minutes - 1 February 2024
2. ATSIC Committee Minutes - 22 February 2024
3. ATSIC
- Sample Local Aboriginal Land Council Partnership Agreement as tabled at ATSIC
Committee
Meeting
4. Access Committee Minutes - 6 February 2024
5. Arts Committee Minutes - 20 February 2024
6. Companion Animals Committee Minutes - 27 February 2024
7. Crime Prevention and Safety Committee Minutes - 5 February 2024
8. CALD Committee Minutes - 26 February 2024
9. Floodplain Risk Management Committee Minutes - 5 March 2024
10. Heritage Committee Minutes - 8 February 2024
11. Library Committee Minutes - 13 February 2024
DOCUMENTS
ASSOCIATED WITH
REPORT C04/24-501
Attachment 1
Wentworthville S355 Community Garden Committee Minutes - 1 February 2024
DOCUMENTS
ASSOCIATED WITH
REPORT C04/24-501
Attachment 3
ATSIC - Sample Local Aboriginal Land Council
Partnership Agreement as tabled at ATSIC Committee
Meeting
DOCUMENTS
ASSOCIATED WITH
REPORT C04/24-501
Attachment 6
Companion Animals Committee Minutes - 27 February 2024
DOCUMENTS
ASSOCIATED WITH
REPORT C04/24-501
Attachment 7
Crime Prevention and Safety Committee Minutes - 5 February 2024
DOCUMENTS
ASSOCIATED WITH
REPORT C04/24-501
Attachment 9
Floodplain Risk Management Committee Minutes - 5 March 2024
DOCUMENTS
ASSOCIATED WITH
REPORT C04/24-501
Attachment 10
Heritage Committee Minutes - 8 February 2024
DOCUMENTS
ASSOCIATED WITH
REPORT C04/24-501
Attachment 11
Library Committee Minutes - 13 February 2024
DOCUMENTS
ASSOCIATED WITH
REPORT C04/24-501
Attachment 12
Youth Committee Minutes - 13 February 2024
17 April 2024
Item No: C04/24-502
Notice of Motion - Promotion of Opportunities in Development Industry
Councillor: Steve Christou and Paul Garrard
Summary
Pursuant to Notice, Councillors Christou and Garrard submitted the following Motion.
Notice of Motion
In support of effects to promote enhanced economic opportunities from within the development industry towards addressing the existing housing backlog, the General Manager urgently report on the following:
1. As to how developer contributions upon development could be deferred for a specific period; and
2. How the community’s interest, represented by Council can be protected.
Resourcing/FINANCIAL Implications
If supported, a report can be prepared utilising existing staff resourcing.
General Manager Advice
Nil
Attachments
