Council Meeting

 Wednesday, 17 July 2024 at 6:30 PM

 

Cumberland City Council Chambers

Merrylands Service Centre, 16 Memorial Avenue, Merrylands

 


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

 17 July 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

C07/24-543     Minutes of the Ordinary Meeting of Council - 19 June 2024........... 7

5     Disclosures of Interest

6     Mayoral Minutes

Nil

7     Public Forum / Presentation of Petitions

8     Items Resolved by Exception

9     Reports to Council

C07/24-544     Legal report........................................................................................... 27

C07/24-545     Investment Report - June 2024......................................................... 29

C07/24-546     4-4A Terminal Place and 5 & 7 McLeod Road, Merrylands - Voluntary Planning Agreement............................................................................................. 53

C07/24-547     25 South Parade, Auburn - Planning Proposal and Voluntary Planning Agreement........................................................................................... 131

C07/24-548     Response to Notice of Motion C10/22-176 - Council Sporting Fields        317

C07/24-549     Reponse to Notice of Motion – Quarterly Progress Report on Council’s Section 355 Committee and Community Advisory Committees............... 325

10   Reports of Council Committees

C07/24-550     Property Committee - Minutes of Meeting held 24 June 2024... 329

11   Motions Pursuant to Notice

Nil

12   Motions to Alter or Rescind Council Resolution

Nil

13   Questions with Notice

Nil

 

14   Closed Session Reports

C07/24-551     Tender Evaluation Report - Computer Hardware Refresh 2024 (RFx835)

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.

C07/24-552     Tender Evaluation Report - Mobile Community Recycling Service (RFx791)

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.

C07/24-553     Tender Evaluation Report - Auburn Park Extension Project (RFx738)

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.

C07/24-554     Tender Evaluation Report - Road Infrastructure Services (RFx785)

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.

15   Confidential Attachments from Open Reports

C07/24-544     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.

C07/24-546     4-4A Terminal Place and 5 & 7 McLeod Road, Merrylands - Voluntary Planning Agreement

2... Public Benefit Offer Analysis

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.

C07/24-547     25 South Parade, Auburn - Planning Proposal and Voluntary Planning Agreement

7... Assessment of Public Benefit 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.

C07/24-550     Property Committee - Minutes of Meeting held 24 June 2024

2... Property Committee Meeting Agenda - 24 June 2024

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.

16   Resolutions passed in Closed Session

17   Other / General Matters

18   Close

 

 


Council Meeting

 17 July 2024

 

Item No: C07/24-543

Minutes of the Ordinary Meeting of Council - 19 June 2024

Directorate:                                       Governance and Risk

Responsible Officer:                       Director Governance and Risk

  

 

 

 Recommendation

 

That Council confirm the minutes of the Ordinary Meeting of Council held on 19 June 2024.

 

Attachments

1.      Draft Council Minutes - 19 June 2024   

 


DOCUMENTS
ASSOCIATED WITH
REPORT C07/24-543

Attachment 1

Draft Council Minutes - 19 June 2024


Council Meeting

 17 July 2024

















Council Meeting

 17 July 2024

Item No: C07/24-544

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 2 July 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.

 


Council Meeting

 17 July 2024

Item No: C07/24-545

Investment Report - June 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 June 2024.

Recommendation

That Council receive the June 2024 Investment Report.

Report

 

Included in this report are the following items that highlight Council’s investment portfolio performance for June 2024.

 

Council Investments as at 30 June 2024

 

Council’s investment portfolio has a current market value of $236,467,438 and has returned 5.14% 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 0.40% (actual) for the month on a marked-to-market basis versus the bank bill index benchmark’s 0.35% (actual) 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 5.14% versus the benchmark’s 4.37%

 

As at 30 June 2024 the cumulative interest earned was $11,438,461. This is $948,461 higher than the year-to-date budget of $10,490,000.

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 Summary June 2024  

2.      Investment Commentary June 2024   

 


DOCUMENTS
ASSOCIATED WITH
REPORT C07/24-545

Attachment 1

Investment Summary June 2024


Council Meeting

 17 July 2024












DOCUMENTS
ASSOCIATED WITH
REPORT C07/24-545

Attachment 2

Investment Commentary June 2024


Council Meeting

 17 July 2024




Council Meeting

 17 July 2024

Item No: C07/24-546

4-4A Terminal Place and 5 & 7 McLeod Road, Merrylands - Voluntary Planning Agreement

Directorate:                                       Environment and Planning

Responsible Officer:                       Director Environment & Planning

Community Strategic Plan Goal:  Enhancing the Natural and Built Environment  

 

 Summary

The subject site at 4-4A Terminal Place and 5 and 7 McLeod Road, Merrylands, benefits from the development consents DA2022/0722 and DA2022/0776.

At the Council meeting of 7 February 2024, Council provided in-principle endorsement of the letter of offer for subject site under DA2022/0722 and DA2022/0776 regarding the dedication of land for the purpose of open space and local roads, and associated works (as required by Council) as offsets of local infrastructure contributions. This endorsement was considered in the assessment and determination of the applications, with a condition of consent included for a Voluntary Planning Agreement to be prepared to cover this matter.

Following Council’s resolution and determination of the development applications, 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 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 4 - 4A Terminal Place and 5 and 7 McLeod Road, 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 General Manager to finalise and execute the Voluntary Planning Agreement on behalf of Council for 4 - 4A Terminal Place and 5 and 7 McLeod Road, Merrylands, subject to no significant objections on the draft agreement arising from public exhibition.

Report

The following Development Applications form part of the Gladstone Village development in Merrylands, and also shown in Figure 1:

Figure 1: Gladstone Village Development, Merrylands

 

1.      Development Application DA2022/0722 at 2 Neil Street, Merrylands (Now known as 7 McLeod 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 4 commercial tenancies and 236 residential units over 5 levels of basement parking. The DA was approved by the Panel on 26 March 2024 (PPSSCC-414).

 

2.      Development Application DA2022/0776 at 2 Neil Street, Merrylands and 4 & 4A Merrylands (Now known as 5 and 7 McLeod Street, and 4-4A Terminal Place, 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 3 buildings ranging in height from 12 to 17 storeys and comprising of 6 neighbourhood shops and 303 residential units over six 6 levels of basement parking. The DA was approved by the Panel on 13 June 2024 (PPSSCC-424).

 

3.      Development Application DA2023/0485 (Public domain and civil works and including open space areas, public art, water feature and associated landscaping)

The DA is currently being assessed and seeks to undertake proposed public domain upgrades and the embellishment of the proposed parks for Terminal Place, Neil Street and Boulevarde.

At the Council meeting of 7 February 2024, Council provided in-principle endorsement of the letter of offer for subject site under DA2022/0722 and DA2022/0776 regarding the dedication of land for the purpose of open space and local roads, and associated works (as required by Council) as offsets of local infrastructure contributions. This endorsement was considered in the assessment and determination of the applications, with a condition of consent included for a Voluntary Planning Agreement to be prepared to cover this matter.

Following Council’s resolution and determination of the development applications, a draft Voluntary Planning Agreement has been prepared for consideration by Council. The draft Agreement includes the public benefit offer previously endorsed by Council, and is consistent with the Cumberland Planning Agreements Policy and Guideline.

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 General Manager to finalise and execute the Voluntary Planning Agreement, subject to no significant objections arising from public exhibition.

Community Engagement

Subject to endorsement, the draft Voluntary Planning Agreement will be publicly exhibited for a period of 28 days in accordance with legislative and policy requirements.

Policy Implications

Policy implications are outlined in the main body of this 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 4 - 4A Terminal Place and 5 and 7 McLeod Road, 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 General Manager.

Attachments

1.      Draft Voluntary Planning Agreement  

2.      Public Benefit Offer Analysis (confidential)  

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.

 


DOCUMENTS
ASSOCIATED WITH
REPORT C07/24-546

Attachment 1

Draft Voluntary Planning Agreement


Council Meeting

 17 July 2024









































































Council Meeting

 17 July 2024

Item No: C07/24-547

25 South Parade, Auburn - Planning Proposal and Voluntary Planning Agreement

Directorate:                                       Environment and Planning

Responsible Officer:                       Director Environment & Planning

Community Strategic Plan Goal:  Enhancing the Natural and Built Environment  

 

 Summary

At the Ordinary Council Meeting of 18 October 2023, Council endorsed that the Planning Proposal for 25 South Parade be forwarded to the Department of Planning, Housing and Infrastructure for a Gateway Determination. The Council also resolved that a Voluntary Planning Agreement be prepared to derive public benefit should a Gateway Determination be received.

A Gateway Determination was received on 31 January 2024 and Council undertook the required public exhibition of the Planning Proposal from 26 March 2024 to 1 May 2024. A total of three submissions were received and Council officers have considered the submissions.

The report also provides information on the public benefit offer received for the proposal and the next steps for the progression of a Voluntary Planning Agreement.

It is recommended that the Planning Proposal be endorsed by Council for finalisation and gazettal. It is also recommended that Council endorse in-principle the revised public benefit offer, and endorse undertaking the necessary steps for the preparation, exhibition, finalisation, execution and registration of a Voluntary Planning Agreement.

Recommendation

That Council :

1.         Endorse the planning proposal for 25 South Parade, Auburn, to amend the Cumberland Local Environmental Plan 2021 as follows:

a.   Identify medical centre and office premises as additional permitted uses on the site, and 

b.   Allow for the Height of Building control to be 11 metres for the additional permitted uses.

2.         Once endorsed, finalise the planning proposal for 25 South Parade, Auburn, as delegated by the Minister, following execution of the Voluntary Planning Agreement and registration on title.

3.         Note that the Local Environmental Plan amendment will be published on the New South Wales legislation website and in the Government Gazette upon finalisation.

4.         Endorse in-principle the revised public benefit offer for the Voluntary Planning Agreement for 25 South Parade, Auburn.

5.         Endorse the draft Voluntary Planning Agreement for 25 South Parade, Auburn, in accordance with the revised public benefit offer, and to exhibit the draft Voluntary Planning Agreement for 28 days in accordance with statutory and policy requirements.

6.         Delegate authority for the General Manager and Mayor to execute the Voluntary Planning Agreement for 25 South Parade, Auburn, subject to no significant objections on the Agreement being received during exhibition.

Report

Background

In June 2022, the proponent lodged an initial Planning Proposal Request for 25 South Parade, Auburn, seeking additional permitted uses for the purposes of health services facilities, office and business premises, and for a maximum height of 9m for these additional uses.

In August 2023, the proponent lodged a revised Planning Proposal Request seeking additional permitted uses for the purposes of medical centre and office premises, and for a maximum height of 11m for these additional uses.

The proposal was reported to the Cumberland Local Planning Panel on 13 September 2023. The Panel endorsed the Planning Proposal and recommended to Council that the proposal be endorsed and forwarded to the Department of Planning, Housing and Infrastructure for a Gateway Determination.

At the Ordinary Council Meeting of 18 October 2023, Council endorsed that the Planning Proposal be forwarded to the Department of Planning, Housing and Infrastructure for a Gateway Determination. The Council also resolved that a Voluntary Planning Agreement be prepared to derive public benefit should a Gateway Determination be received.

A Gateway Determination was received on 31 January 2024 and Council undertook the required public exhibition of the Planning Proposal from 26 March 2024 to 1 May 2024.

Planning Proposal

The Planning Proposal seeks to amend Schedule 1 of Cumberland LEP 2021 to permit office premises and a medical centre as additional permitted uses (APUs) on 25 South Parade, Auburn. It is intended that the site be redeveloped to facilitate a medical centre and office uses. The Planning Proposal also seeks to introduce a maximum building height of 11m on the site for these uses.

Figure 1: The site in its local context

The proposed amendments to CLEP 2021 are outlined in Table 1 and Figures 2 to 5 below.

Table 1: Proposed amendments to Cumberland LEP 2021

Control

Existing

Proposed

Land Zone

E4 General Industrial

No Change

Height of Buildings

Nil

Nil

Floor Space Ratio

1:1

No Change

Minimum Lot Size

1500 m²

No Change

Additional Permitted Use

Nil

Medical Centre

Office Premises

Max. building height for APU to be 11m

Figure 2: Existing Height of Buildings Map

Figure 3: Existing Additional Permitted Uses Map

Figure 4: Proposed Additional Permitted Uses Map 

Public Exhibition

The Planning Proposal was placed on public exhibition from 26 March 2024 to 1 May 2024. Methods of engagement included Council’s Have Your Say page, information in the local newspaper, corflute sign placed on site, and notification letters sent to interested parties and State agencies. A total of three submissions were received from the community and State agencies.

Community submissions

A total of one community submission was received on the Planning Proposal.  The issues raised with the community submission have been considered by Council officers, and a response is attached to this report.

 

State agency submissions

Two State agency submissions were received for the Planning Proposal. A summary of the submissions received is provided in Table 2 and also attached to this report.

 

Agency

Comments

Transport for NSW

·    The proposed traffic generation and its impacts on the two intersections (South Parade and Alice Street and Rawson Street and South Parade) are considered as minor.

Heritage NSW

·    Relevant reports and studies are needed during the assessment of any future DAs to address visual impacts on the State Heritage Register item, 'Auburn Railway Signal Box'.

·    If the planning proposal is approved and future development proceeds, the proponent must consider Aboriginal cultural heritage impacts in their environmental assessments. An Aboriginal Heritage Impact Permit (AHIP) will be required where harm to Aboriginal objects cannot be avoided.

Table 2: Summary of State agency submissions

Voluntary Planning Agreement

Following Council’s resolution on 18 October 2023, the proponent has submitted a revised Letter of Offer to Council. The revised offer seeks to provide a monetary contribution towards a public benefit of future public domain improvements within the Auburn Town Centre. Council officers have undertaken an assessment on the revised Letter of Offer, and consider it to be consistent with the Cumberland Planning Agreements Policy and Guideline.  Based on this assessment, a draft Voluntary Planning Agreement has also been prepared for the Planning Proposal and is attached to this report.

Next Steps

Based on the submissions received on the Planning Proposal, there are no major concerns or issues in progressing the Planning Proposal. It is recommended that Council endorse the Planning Proposal and finalise, as delegated by the Minister, following execution of the Voluntary Planning Agreement and registration on title. The proposed amendments outlined in this report would then become part of Cumberland Local Environmental Plan 2021.

For the Voluntary Planning Agreement, it is recommended that Council endorse in-principle the revised Letter of Offer. Subject to endorsement, it is recommended that Council exhibit the draft Voluntary Planning Agreement. Subject to no significant objections during the public notification process, it is also recommended that Council endorse the finalisation of the Voluntary Planning Agreement and delegate the Mayor and General Manager to execute the Voluntary Planning Agreement.

 

Community Engagement

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

Policy Implications

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

Risk Implications

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

Financial Implications

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

CONCLUSION

Following Council’s resolution on the Planning Proposal for 25 South Parade, Auburn, in October 2023 and positive Gateway Determination from the Department of Planning, Housing and Infrastructure, the Planning Proposal has been prepared and publicly exhibited. It is recommended that Council endorse the Planning Proposal for finalisation and gazettal. 

A revised public benefit offer for the Planning Proposal has also been received and assessed by Council officers. It is recommended that Council endorse in-principle the revised Letter of Offer and progress the finalisation, exhibition, execution and registration of the Voluntary Planning Agreement.

Attachments

1.      Recommended Planning Controls  

2.      Planning Proposal  

3.      Engagement Report  

4.      State Agency Submissions  

5.      Response to Submissions  

6.      Updated Public Benefit Offer  

7.      Assessment of Public Benefit Offer (confidential)  

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.

8.      Draft Voluntary Planning Agreement  

9.      Gateway Determination  

10.    18 Oct 2023 Council Meeting Agenda  

11.    18 Oct 2023 Council Meeting Minutes   

 


DOCUMENTS
ASSOCIATED WITH
REPORT C07/24-547

Attachment 1

Recommended Planning Controls


Council Meeting

 17 July 2024



DOCUMENTS
ASSOCIATED WITH
REPORT C07/24-547

Attachment 2

Planning Proposal


Council Meeting

 17 July 2024











































































DOCUMENTS
ASSOCIATED WITH
REPORT C07/24-547

Attachment 3

Engagement Report


Council Meeting

 17 July 2024












DOCUMENTS
ASSOCIATED WITH
REPORT C07/24-547

Attachment 4

State Agency Submissions


Council Meeting

 17 July 2024







DOCUMENTS
ASSOCIATED WITH
REPORT C07/24-547

Attachment 5

Response to Submissions


Council Meeting

 17 July 2024









DOCUMENTS
ASSOCIATED WITH
REPORT C07/24-547

Attachment 6

Updated Public Benefit Offer


Council Meeting

 17 July 2024



DOCUMENTS
ASSOCIATED WITH
REPORT C07/24-547

Attachment 8

Draft Voluntary Planning Agreement


Council Meeting

 17 July 2024































DOCUMENTS
ASSOCIATED WITH
REPORT C07/24-547

Attachment 9

Gateway Determination


Council Meeting

 17 July 2024





DOCUMENTS
ASSOCIATED WITH
REPORT C07/24-547

Attachment 10

18 Oct 2023 Council Meeting Agenda


Council Meeting

 17 July 2024


















DOCUMENTS
ASSOCIATED WITH
REPORT C07/24-547

Attachment 11

18 Oct 2023 Council Meeting Minutes


Council Meeting

 17 July 2024




Council Meeting

 17 July 2024

Item No: C07/24-548

Response to Notice of Motion C10/22-176 - Council Sporting Fields

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 C10/22-176 – Council Sporting Fields.

It is recommended that Council receive and note the report, and to progress a procurement process for the planning, design and construction of new synthetic fields at Progress Park in Auburn and Merrylands Park in Merrylands.

Recommendation

That Council:

1.   Receive and note the report.

2.   Progress a procurement process for the planning, design and construction of new synthetic fields at Progress Park in Auburn and Merrylands Park in Merrylands.

Report

At the meeting of 19 October 2022, Council considered a Notice of Motion regarding Council Sporting Fields and resolved the following:

“That:

1. Council be provided with a report outlining the following:

a) A plan to increase the capacity and resilience of Council sporting fields, this plan is to provide a range of options including but not limited to, improved drainage and synthetic surface options;

b) Consideration for and incorporation of a community consultation process;

c) The expected time frame for delivering this plan; and

d) Any budgetary or financial implications associated with this plan.

2. Council agree in principle to support the development of at least one synthetic sporting field and that Council undertake consultation to determine where such a facility can be developed.

3. In undertaking a consultation, Council affirm its commitment to women’s sport ensuring that any future synthetic facility maximises its use for developed and emerging sports.

4. In formulating its 2023-2024 budget, consideration be given to an allocation of money for expenditure of any desired facility.”

This report provides further information in accordance with Council’s resolution.

Context

Council currently has 48 sites with fields and ovals, including:

·    Four turf wicket groupings, 34 synthetic wickets and one concrete wicket

·    Two Australian Rules football ovals

·    Five grass athletic tracks

·    62.5 full size equivalent football (soccer) fields

·    19 rugby league fields

·    One rugby union field

·    Five diamond-based fields

A map showing these locations is provided in Figure 1.

Figure 1: Sporting Fields in Cumberland

 

Planning for Sports Surfaces

Several factors impact on the functionality of sportsgrounds in Cumberland.  These include the following:

·    There is a high number of single oval / field facilities with no potential for expansion.  This is resulting in duplication of infrastructure and maintenance, as well as impacting on sport club operations.

·    79% of playing fields have lighting, with a range of lighting level and coverage across the network.

·    Many playing fields and courts lack passive surveillance impacting on safety and utilisation.

·    There are a high proportion of playing fields located along creek corridors which are subject to flooding.  This impacts on ongoing use and the ability to implement some interventions to enhance capacity.

·    Recent rain activity has impacted on the availability and resilience of sports fields in Cumberland and Greater Sydney.  This is impacting on the ability of sporting clubs to undertake their necessary activities.

·    Strong population growth is forecast for Cumberland, with over 300,000 residents forecast in 2036.  This will impact on the capacity and availability of sport fields in the area. 

·    There is a greater emphasis in ensuring that sport fields support equitable access and participation.  As an example, there was a 20% increase in female participation for football in NSW during 2023-24.  The provision of suitable fields and supporting amenities is a strong contributor to this outcome.

To enhance the capacity of sport fields, various surface options are available for future consideration.  This includes typical types of natural turf field options, the application of hybrid surfaces in high-use areas and the potential use of synthetic surfaces.  Images of the surface options are provided in Figure 2. There are also considerations in improving the quality and resilience of sports fields through field condition practices, drainage enhancements and operational management. 

Natural turf

Hybrid turf

Synthetic surfaces

Figure 2: Types of Sport Field Surface Options

Based on the Council resolution, Council officers have undertaken investigations on Council sport fields, with consideration of the following:

·    Current and planned sport fields in Cumberland,

·    Planning and research on sport fields;

·    Community and stakeholder engagement;

·    Assessment of future demand and potential locations for improved sport fields; and

·    Recommendations for suitable sites.

A summary of the key findings for these considerations outlined in Table 1.

In undertaking these investigations, Council officers have also considered drainage and synthetic surface options for sporting fields in Cumberland, availability of amenities to support equitable access to sport fields, availability of parking and supporting infrastructure at identified locations, and distribution of facilities across Cumberland.  The outcomes of community and stakeholder engagement were also considered in the investigations. 

Consideration

Key Findings

Current and planned sport fields

There are currently 48 sites with fields and ovals in Cumberland. New sport fields are also planned as part of the Hyland Road Sporting Complex, which has received funding for delivery as part of the NSW Government’s Western Sydney Infrastructure Grants program.

Planning and research on sport fields

Best practice planning for sports fields include: the ability to capture accurate and reliable data to inform current and future requirements; locating fields as part of a larger multi-use precinct; designing and maintaining sports fields to maximise sustainability with intensive use; provision of lighting for sports fields to support usage requirements; and, meeting various participation requirements for sports fields.

There are three types of playing field surface options that are appropriate for consideration in Cumberland.  These include:

·      Natural turf: this provides for grass on all of a playing surface.  Benefits includes cost effectiveness in most ground conditions, minimising heat retention on the surface and suitability for official games to meet sporting organisation requirements.

·      Hybrid turf: this provides a mix of natural and synthetic materials in high wearing areas (eg. goal mouth on football field).  Benefits include durability with frequent sport field usage, lower maintenance requirements and cost effectiveness for grounds with high demand.

·      Synthetic surfaces: this provides an artificial material to be installed on all of a playing surface.  Benefits include higher durability in all weather conditions, support greater field capacity and usage, and ability to support multi-sport access on a single field.

The NSW Government has also provided guidance to support Councils in the planning, design and operation of sports fields, including the Chief Scientist and Engineer’s Synthetic Turf Review Final Report and Draft Synthetic Turf in Public Open Space Guidelines for Decision-Makers.

Community and stakeholder engagement

Community and stakeholder engagement has been undertaken by Council officers as required by the resolution.  Further information is provided in the report.

Assessment of future demand and potential locations for improved sport fields

An assessment of future demand was undertaken by Council officers, with consideration of participation rates, anticipated demand, available capacity and scenario testing.  This informed potential locations for improved sport fields.  These locations were also analysed with consideration of strategic and policy alignment, user requirements and site suitability.

Recommendations for suitable sites

Following the assessment, a proposed approach was identified (as outlined in this report) and recommendations for progression identified.

Table 1: Considerations and key findings for sports field surfaces

Community and Stakeholder Engagement

Council undertook engagement on the matter from 6 July 2023 to 14 August 2023.  A total of 8 community submissions and 16 sports club submissions were received during this period, which included a range of suggestions and feedback.  In addition, further consultation was also undertaken with sporting clubs, State Sporting Organisations and NSW Government agencies as part of this work. A summary of the key engagement findings is provided in Table 2.

Engagement

Key Findings

Community survey

There were eight submissions to the community survey. The general community provided feedback regarding the desire for better exercise facilities in parks. The improvements requested included repairing damaged tennis nets, better cleaning and maintenance of amenities and sports fields. There were concerns from some about the use of synthetic turf surfaces for potential health and safety issues.

User group survey

There were 16 submissions to the community user groups survey. Majority indicated there were facility improvements they would like to see made. Regarding satisfaction levels, there were mixed opinions about the quality of surfaces, lighting provision, and management and maintenance of their sites.

General feedback was centred on suggested improvements across several aspects of sporting infrastructure. These included increased investment and enhanced lighting standards. Some user groups expressed concerns relating to facility capacity to cater for the participation growth being experienced.

State Sporting Organisations (SSO)

Eight State Sporting Organisations took part and provided participation data that will assist in future demand modelling. Some organisations provided a detailed response about key planning considerations for their sporting code.

Information on Cumberland participation rates in 2023 by sport include:

·      AFL NSW/ACT: 154 participants

·      Cricket NSW: 2,619 participants

·      Football NSW: 4,216 participants

·      NSW Rugby League: 1,758 participants

·      Rugby NSW: 482 participants

·      Little Athletics: 1,040 participants

NSW Government agencies

Council engaged with key governing agencies including the Office of Sport and School Infrastructure NSW. Key data and insights were provided to help with future directions.

There are 32 NSW Department of Education school sites in Cumberland, providing playing fields and outdoor courts. These sites present opportunities to address potential facility shortages through joint-use and shared use agreements.

Proposed Approach

Based on these investigations, the proposed approach in managing sports fields in Cumberland is outlined below:

·    A new synthetic sports field be provided at Progress Park, Auburn, in close proximity to existing amenities and facilities at this location. This field provides equitable access to residents and visitors at the eastern side of Cumberland.

·    A new synthetic sports field be provided at Merrylands Park, Merrylands, in close proximity to existing amenities and facilities at this location. This field provides equitable access to residents and visitors at the central part of Cumberland.

·    A new synthetic sports field to be provided at the planned Hyland Road Sporting Complex, Greystanes, which will be delivered through the Western Sydney Infrastructure Grants program. This site is planned to provide new amenities and facilities, and will provide equitable access to residents and visitors at the western side of Cumberland.

·    The principle of multi-user access be pursued for new synthetic fields developed by Council, to ensure that there is resilience in sports field availability and to maximise utilisation of these facilities.

·    Opportunities for improved drainage for sports fields to be considered on a case by case basis as part of Council’s capital works program.

·    Continue efforts to improve sports fields through field condition practices and appropriate operational management.

·    Progress planning and design work for an upgrade of Melita Stadium to better meet the needs of the community now and into the future, using the forthcoming lease expiry as a catalyst for this effort. Council will seek future grant opportunities to deliver this initiative.

Next Steps

Following consideration of the proposed approach, Council officers recommend that Council progress the procurement process for the planning, design and construction of new synthetic fields at Progress Park in Auburn and Merrylands Park in Merrylands. These locations have been identified for the following reasons: 

·    Carparking: Existing facilities are available at these locations to support the anticipated increase in demand for synthetic fields.

·    Lighting: Adequate lighting is provided at these locations, enabling the synthetic fields to be used at night.

·    Capacity: Existing and future demand can be accommodated at these locations.

·    Supporting female participation: These locations currently have facilities (e.g. changerooms) that require a minimal capital outlay to support equitable access to sporting fields.

·    Interest from Sporting Clubs: Preliminary discussions with relevant clubs have indicated interest in considering the option for a synthetic field at these locations.

·    Weather resilience: These locations also have the potential to provide all weather fields which can be used by other clubs in circumstances where other fields are not available for extended periods of time.

Subject to endorsement, the following activities will be undertaken:

1.   Progress Park: immediate commencement of planning, design and construction activities.

2.   Merrylands Park: finalise planning this financial year (2024/25) prior to design and construction activities being undertaken.

In locations where new synthetic fields are proposed, arrangements will be in place to ensure that Council can provide these facilities for use by multiple sporting clubs, in instances where an all-weather sporting field is required to maintain sporting activities for the Cumberland community.

Other activities identified in the proposed approach on this matter will be undertaken as part of Council’s workplan.

Community Engagement

Council undertook engagement on the matter from 6 July 2023 to 14 August 2023.  A total of 8 community submissions and 16 sports club submissions were received during this period, which included a range of suggestions and feedback.  In addition, further consultation was also undertaken with sporting clubs, State Sporting Organisations and NSW Government agencies as part of this work. This information was considered by Council officers in the preparation of this report.

Policy Implications

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

Risk Implications

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

Financial Implications

The 2024-25 Capital Works Program includes an allocation of $5 million to progress this matter. Both fields will be funded from this budget.

CONCLUSION

This report provides a response to the Notice of Motion C10/22-176 – Council Sporting Fields. It is recommended that Council progress a procurement process for the planning, design and construction of new synthetic fields at Progress Park in Auburn and Merrylands Park in Merrylands.

Attachments

Nil

 


Council Meeting

 17 July 2024

Item No: C07/24-549

Reponse to Notice of Motion – Quarterly Progress Report on Council’s Section 355 Committee and Community Advisory Committees

Directorate:                                       Community and Culture

Responsible Officer:                       Director Community and Culture

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

 

Summary

This report provides a response to the Notice of Motion - Quarterly Progress Report on Council’s Section 355 Committee and Community Advisory Committees resolved at the Ordinary Meeting of Council on 6 March 2024 (Min.673, Item C03/24-477).

Recommendation

That Council:

1.       Deliver PetFest as part of Council’s Events Program 2024/2025 on Sunday, 20 October 2024.

2.       Allocate $50,000 within the approved 2024/2025 operational budget to deliver the event.  

Report

At the Ordinary Meeting of Council held on 6 March 2024, Council considered the Notice of Motion - Quarterly Progress Report on Council’s Section 355 Committee and Community Advisory Committees, and resolved that (Min.673, Item C03/24-477):

That Council receive the report noting the Draft Minutes of Council’s Section 355 and Community Advisory Committees recently convened and resolve to receive a report in relation to the reintroduction of Petfest at a future Council meeting. The report is to include considerations such as options for the event date, scope, location, funding and any other relevant information.

PetFest aims to provide an opportunity for the community to be educated on the importance of responsible pet ownership and be introduced to services that are provided to pet owners in the Local Government Area.

PetFest will have information stalls that will include information and products for responsible pet ownership, free microchipping, tag engraving and vet check-ups. Programming elements can include such activities as dog training demonstrations and various pet competitions, photography and stallholder programming.

 

 

Methodology

Council undertook engagement with members of Council’s Companion Animals Advisory Committee on 28 May 2024 to inform this report.

Findings have informed the report recommendations and preliminary event planning.

Location Assessments

Assessment of a total of two locations – Holroyd Gardens and Merrylands Civic Square has been undertaken as potential sites for PetFest. Further locations were not considered due to the Companion Animals Advisory Committee meeting request that the event be considered at Merrylands Civic Square or the previous location of Holroyd Gardens.

The following provides a summary of the outcomes of the site assessments and consultations undertaken for each location considered for the event.

Holroyd Gardens, Merrylands

Site Overview

The proposed event site of Holroyd Gardens, Merrylands provides adequate space for the event. There are no restrictions on the space and staff have working knowledge of any limitations that exist in this space.

Location Challenges

Council staff are aware of challenges of the location that include limited parking for the site.

Location Opportunities

Merrylands is well serviced by public transport which provides a high level of accessibility to the event. It reduces the impact and pressure on local kerbside parking if travelling by car.

Community Feedback

The Companion Animals Advisory Committee confirmed Holroyd Gardens provided more than adequate space for the event stallholders and programming.

Overall Assessment

Holroyd Gardens is recognised as an appropriate site for PetFest and provides the space required for this event.

 

 

 

Civic Square, Merrylands

Site Overview

The proposed event site of Civic Square, Merrylands provides limited space for the event. There are also limitations on weight of infrastructure that can be used on the site.

Location Challenges

Council staff are aware of challenges of the location that include limitations on weight of infrastructure and limited space which would limit stalls, programming, number of attendees that could attend and the layout of the space. There are also no grassed areas in Merrylands Civic Square, and there are potential risks with the proximity of busy shopping areas.

Location Opportunities

Merrylands is well serviced by public transport which provides a high level of accessibility to the event. It reduces the impact and pressure on local kerbside parking if travelling by car.

Community Feedback

The Committee confirmed Civic Square provided limited opportunities for programming, infrastructure, and issues with safety, and do not recommend this location.

Overall Assessment

Merrylands Town Centre features good accessibility in terms of transport and parking however due to the limited opportunities in Civic Square, this site has been ruled out based on community and staff feedback.

Community Engagement

The Companion Animals Advisory Committee was consulted on 28 May 2024 and the feedback has been incorporated into the report.

Other Factors for Consideration

The Committee was presented with two date options (October 2024 & May 2025) of which the October date was recommended. The proposed date and time of the event is Sunday, 20 October 2024 from 10am to 2pm. This allows for lead-in time for event planning, promotion, and engagement of stallholders.

A further factor for consideration in the consultation and preparation of the report was fitting the event into Council’s Events Calendar that has already been established.

 

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 costs associated with the delivery of a PetFest Event includes:

 

Item

Estimated Cost

Event Infrastructure

$15,000

Programming

$14,000

Operations and Logistics

$10,000

Staff

$6,000

Promotion and Marketing

$5,000

TOTAL

$50,000 (inc. GST)

Funds of $50,000 to deliver the event will be allocated from the approved 2024/2025 budget.

CONCLUSION

This report provides a response to the Notice of Motion - Quarterly Progress Report on Council’s Section 355 Committee and Community Advisory Committees resolved at the Ordinary Meeting of Council on 6 March 2024 (Min.673, Item C03/24-477) and recommends that Council deliver the PetFest Event in Holroyd Gardens, Merrylands on Sunday, 20 October 2024 as part of Council’s Events Calendar 2024/2025.

This recommendation is based on the site assessments and community engagement findings outlined in the report as well as Council staff event planning expertise.

Attachments

Nil

 


Council Meeting

 17 July 2024

Item No: C07/24-550

Property Committee - Minutes of Meeting held 24 June 2024

Directorate:                                       Governance and Risk

Responsible Officer:                       Director Governance and Risk

Community Strategic Plan Goal:  Providing Local Leadership  

 

 Summary

This report presents the Draft Minutes of the Cumberland Property Committee meeting held on 24 June 2024 for Council’s information.

Recommendation

That Council:

1.      Receive the Minutes of the Cumberland Property Committee meeting held on 24 June 2024, and adopt the recommendations contained therein.

2.      Include a copy of the resolutions of Council in the Minutes.

Report

Council’s Property Committee recently held a meeting on Monday, 24 June2024. 

Minutes of this meeting are attached for Council’s information.

Community Engagement

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

Policy Implications

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

Risk Implications

There are no direct risks associated with this report. However, the presentation of the meeting minutes to Council provides transparent oversight of Council strategic property related decisions, in accordance with the adopted Terms of Reference.

Financial Implications

The operations of the Property Committee are coordinated by the Governance and Risk Directorate within Council utilising existing allocated resources.

 

CONCLUSION

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

Attachments

1.      Draft Property Committee Meeting Minutes - 24 June 2024  

2.      Property Committee Meeting Agenda - 24 June 2024 (confidential)  

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.

 


DOCUMENTS
ASSOCIATED WITH
REPORT C07/24-550

Attachment 1

Draft Property Committee Meeting Minutes - 24 June 2024


Council Meeting

 17 July 2024