Agenda - Cumberland Council

Transcription

Cumberland Council
2 September 2016
An Ordinary Meeting of the Council of Cumberland will be held at 6:00 p.m. at Auburn Civic
Centre, 1 Susan Street, Auburn on Wednesday, 7 September 2016.
Business as below:
Yours faithfully
(Malcolm Ryan)
INTERIM GENERAL MANAGER
ORDER OF BUSINESS
1.
2.
3.
4.
5.
6.
7.
Opening Prayer / Acknowledgement of Country / National Anthem
Confirmation of Minutes
Administrator’s Minutes
Petitions
Public Forum
Declarations of Interest
Correspondence and Officers' Reports:
General Reports
Reports from Committees
Information Reports
8.
Motions pursuant to Notice (if any)
9.
Response to Public Forum Questions
10. Questions to the Next Meeting
Interim General Manager
Ordinary Meeting of the Council – 7 September 2016
Administrator
CONTENTS
Report No. Name of Report
Page No.
General Reports
072/16
Adoption of Privacy Management Plan ................................................................... 3
073/16
Disclosures by Councillors and Designated Persons – Schedule 3
Return Section 449 Local Government Act ............................................................ 6
074/16
Termination of the Proposed Acquisition of Lot 10 being part
Strata Plan 33394, 258 Merrylands Road, Merrylands ........................................ 8
075/16
Classification of Land – 203-211 Merrylands Road, Merrylands ...................... 11
076/16
Planning Proposal for 11-19 Centenary Road Merrylands (St Vincent
de Paul Site) – Post Exhibition Report ................................................................. 15
077/16
Planning Proposal Request for 37-39 Pavesi Street, Smithfield........................ 20
078/16
PP-4/2015 - Auburn Shopping Village Planning Proposal .................................. 25
079/16
Cumberland Heritage Study and NSW Heritage Grant Offer .............................. 29
080/16
T-2014-018 – Contract for the Provision of Facility Management
Services for the Ruth Everuss Aquatic Centre ..................................................... 41
081/16
T-2016-010 - Tender for Construction of Reflection Pool Area Auburn
Botanic Gardens .................................................................................................... 43
082/16
Tender No. 001/2016– Tender for Air Conditioning and Building
Maintenance Services Upgrade ............................................................................ 45
083/16
Youth Achievement Program Application - NSW U13 Girls Blues Hockey
Team (Australian Championships) ....................................................................... 47
084/16
Youth Achievement Program Application - World Association of
Kickboxing Organisation (WAKO) Junior World Championships ......................... 49
085/16
Youth Achievement Program Application - 2016 Inline Hockey
National Championships ....................................................................................... 51
086/16
Registration of Restriction on the Use of Land and Positive Covenant on
Various Development Sites ................................................................................... 53
Information Reports
087/16
Investment Portfolio Report – July 2016 ............................................................. 55
088/16
Petition to the Administrator, Cumberland Council. Redevelopment in
James Street, Guildford regarding stormwater easement through Princes
Street properties .................................................................................................... 58
072/16
Cumberland Council
Adoption of Privacy Management Plan
Responsible Department:
Executive Officer:
File Number:
Delivery Program Code:
Corporate & Community
Patricia Krzeminski
HC-06-10-8
17.2.1 Deliver efficient administrative support and
governance on a corporate basis for Councillors, staff
and community
Summary:
The purpose of this report is to adopt a Privacy Management Plan in accordance with
Section 33 of the Privacy and Personal Information Protection Act 1998.
Report:
This matter was deferred from Council’s meeting of 3 August 2016 to consider
submissions in relation to the Draft Privacy Management Plan for Cumberland Council.
In accordance with Section 33 of the Privacy and Personal Information Protection Act
1998 (PPIP Act), public sector agencies must prepare and implement a privacy
management plan, which includes provisions relating to the following:
“(a) the devising of policies and practices to ensure compliance by the agency
with the requirements of this Act [Privacy and Personal Information Protection
Act 1998] or the Health Records and Information Privacy Act 2002, if
applicable,
(b) the dissemination of those policies and practices to persons within the
agency,
(c) the procedures that the agency proposes to provide in relation to internal
review under Part 5,
(d) such other matters as are considered relevant by the agency in relation to
privacy and the protection of personal information held by the agency.”
The Office of Local Government released a revised Model Privacy Management Plan
(“Model Plan”) for Local Government in January 2013. The Model Plan was prepared in
consultation with the Information and Privacy Commissioner and Local Government
NSW. The Model Plan was revised to incorporate the requirements of the Health
Records and Information Privacy Act 2002 and included references to the Government
Information (Public Access) Act 2009. It is noted that both the former Auburn City
Council and former Holroyd City Council had adopted the Model Plan as the Privacy
Management Plan for the respective Councils. The former Parramatta City Council in
2006 had adopted a Privacy Management Plan, adapted from the Model Privacy
Management Plan issued by Privacy NSW.
Councils are recommended to adopt the Model Privacy Management Plan, or
alternatively adopt a Privacy Management Plan based on the Model Privacy Management
Plan for Local Government. Councils must ensure that the adopted Privacy Management
Plan is provided to the Information and Privacy Commissioner as soon as practicable
after adoption.
Cumberland Council
Ordinary Council Meeting of 7 September 2016
Page 3
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Cumberland Council
A Draft Cumberland Council Privacy Management Plan has been prepared for
consideration and adoption, based on the Model Privacy Management Plan prepared by
the Office of Local Government. A copy of the Draft Cumberland Council Privacy
Management Plan is attached to this report.
Council has received two submissions in relation to the Draft Privacy Management Plan.
The following table details the submissions received and Council’s response to the
submissions:
Submission 1:
Submission:
The definition of personal information means that if
Council publishes a resident’s personal information
as part of a public submission process once, that
information can no longer be considered private
information because it has been placed in the
public domain.
While residents can request suppression of their
personal data, this must be done in the form of a
statutory declaration if they feel their personal
safety or the safety of their family is at risk. In my
view, this sets an unrealistic high barrier to
participation for people who do have a genuine fear
of reprisals.
Whilst the draft Plan notes that in relation to
development applications, Council “could” state the
submitters have the right to remain anonymous, it
goes on to state that any such submission may be
given less weight, or no weight, in consideration of
the development application. Again, this unfairly
and unreasonably disadvantages individuals who
are reluctant to make their personal details
publically available. I do agree that submissions
made anonymously should be given less weight, but
submissions were the correspondent is made
known to Council but wishes to remain publically
anonymous should be given the same weight as
other applications.
Disclosure of personal information to another
person or other body (page 31 of the Draft Plan)
Council response:
The definition of personal information is
“information or an opinion about an individual
whose identity is apparent or can reasonably be
ascertained from the information or opinion. This
information can be on a database and does not
necessarily have to be recorded in a material form”.
In accordance with the PPIP Act, Council will not
publish personal information as part of a
submission unless specifically requested to do so.
In accordance with Section 739(4) of the Local
Government Act, Protection of Privacy: “The request
[to supress personal information] is to be in the
form prescribed by the regulations, to give
particulars of the relevant risk and to be verified by
statutory declaration by the person making the
request or by some other person.”
Council’s practice is to consider all submissions
received as part of planning matters, unless a
submission relates to specific privacy and / or
overshading concerns that cannot be clarified due
to personal information not being provided.
Council agrees with the proposed wording change
for disclosure of personal information to another
person or other body, and has made an
amendment.
Submission 2:
Submission:
Personal information being exhibited in the public
arena could lead to personal or physical
recrimination should someone find the content of
the submission to be unacceptable and be
aggrieved, resulting in retribution of a vindictive
manner.
Council response:
Council’s practice is to refer to submissions in
public documents as “Submission 1”, “Submission
2”, etc. An alternative to this is to refer to the
submission as “Submission from resident at
[suburb]”.
This protects the identity of the
individual who made the submission.
Publication of personal information may also act as
Cumberland Council
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Cumberland Council
a deterrent, discouraging people from making
submissions.
May I suggest as is the practice by printed media, to
note “name and address supplied” or for Council
use “Residential / Developer / Retail Owner (a
description of the person making the submission) –
Wentworthville (include suburb) “name and address
supplied”. This procedure would still permit a level
of transparency to be retained.
It is recommended that Council adopt the attached Draft Cumberland Council Privacy
Management Plan, with the amendment on page 31 in relation to the change for
disclosure of personal information to another person or other body as outlined above.
The implementation of e-planning may require modification of Council’s Privacy
Management Plan and Policies, which will be reviewed at a later date.
Consultation:
Two submissions were received in relation to the Draft Privacy Management Plan and
have been considered as part of this report.
Financial Implications:
There are no financial implications for Council associated with this report.
Policy Implications:
Should Council adopt the Draft Cumberland Council Privacy Management Plan, it will be
incorporated into Cumberland Council’s policy list, and staff will be informed of their
obligations in relation to privacy.
Communication / Publications:
The adopted Cumberland Council Privacy Management Plan will be placed on
Cumberland Council’s internet and intranet, and a copy of the adopted Plan provided to
the Information and Privacy Commissioner.
Report Recommendation:
That Council adopt the Draft Cumberland Council Privacy Management Plan as outlined
in the report.
Attachments:
1.
Draft Cumberland Council Privacy Management Plan
Cumberland Council
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Cumberland Council
Disclosures by Councillors and Designated Persons –
Schedule 3 Return Section 449 Local Government Act
Officer:
File Number:
Interim General Manager
Warren Taylor
HC-06-02-11/02
19.3.1 Ensure legislative requirements are met in a
timely manner
Summary:
All designated persons currently employed by Cumberland Council as at 30 June 2016
have completed Schedule 3 Returns, and they are tabled at the Council Meeting as
required by the Local Government Act 1993 (Act).
Report:
Section 449 of the Act requires Designated Persons to annually complete a Schedule 3
Return by 30 September of each year.
Returns for Designated Persons covered the period from 1 July 2015 to 30 June 2016.
Returns for Designated Persons have been received and placed in a Register, as
required by Section 450A(1) of the Act.
Section 450A(2) of the Act requires that the Interim General Manager table the Register.
The Register will be tabled at the meeting of 7 September 2016.
Conclusion:
Former Councillors of Holroyd, Auburn and Parramatta (Woodville Ward) are not required
to complete a Return, as Section 449(3) of the Local Government Act specifies that
completion of a Return is dependent on the holding of Office on the operative date of 30
June 2016.
Consultation:
There are no consultation processes for Council associated with this report.
There are no policy implications for Council associated with this report.
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Cumberland Council
There are no communication / publications implications for Council associated with this
report.
That the Register of Schedule 3 Returns of Designated Persons as tabled to this meeting
be received.
Attachments:
Nil
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Cumberland Council
Termination of the Proposed Acquisition of Lot 10 being
part Strata Plan 33394, 258 Merrylands Road, Merrylands
Executive Officer:
File Number:
Patricia Krzeminski
HC-06-10-8
and community
Summary:
The purpose of this report is to formally terminate the process of acquiring Lot 10 being
part Strata Plan 33394, 258 Merrylands Road, Merrylands as part of the Merrylands City
Centre Carpark Strategy and Post Office Laneway Extension.
Report:
Council at its meeting of 15 March 2016 (COTW006-16), considered a report in relation
to the acquisition of land required for the Merrylands City Central Carpark Strategy and
Post Office Laneway Extension and resolved in part:
ii)
Council authorise the General Manager or his delegate to commence private
negotiations with the owners of:
c)
… Part SP 33394 (known as 258 Merrylands Road, Merrylands)…,
to purchase that land by private agreement.
iii)
In the event that no binding agreement has been entered into by 31 July 2016 for
the purchase by Council of all of:
c)
… Part SP 33394 (known as 258 Merrylands Road, Merrylands)….
(collectively the Acquisition Land), Council resolves to:
e)
Compulsorily acquire any part of the Acquisition Land which is not the subject
of a binding agreement for purchase; and
f)
Make an application (whether before or after 31 July 2016) to the Minister
for Local Government and the Governor pursuant to Section 187 of the Local
Government Act 1993 and the Compulsory Acquisition (Just Terms)
Compensation Act 1991 to compulsorily acquire any parts of the Acquisition
Land which is not the subject of a binding agreement for purchase.…”
This report addresses the proposed acquisition of Lot 10 being part Strata Plan 33394,
258 Merrylands Road, Merrylands.
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Cumberland Council
The extension of the Post Office Laneway, in accordance with DCP 2013 provisions,
requires a partial structural demolition of Lot 10.
Following a meeting held with the owner of Lot 10 being part of Strata Plan 33394,
Council became aware that Lot 9 is also owned by the same owner, who conducts a
business from both lots. Any acquisition of these lots raises the prospect of an overly
expensive and lengthy exercise, including potentially the cost to acquire both Lots 9 and
10 as well as compensating the Body Corporate for loss of common property.
The alternative actions are to not acquire Lot 10 being part of Strata Plan 33394 at this
time and temporarily divert the access laneway around Lot 10, to run wholly within
Council’s existing property to the south (Addleston Road carpark entrance). The Lot 10
being part Strata Plan 33394 can be conditioned to be dedicated to Council as part of
any redevelopment of Strata Plan 33394 in the future and the DCP2013 laneway
alignment completed at that time. The change to the acquisition strategy for Lot 10
being part of Strata Plan 33394 will not impact the proposed new city carpark delivery
strategy with these alternative actions in place.
Accordingly, it is recommended that Council amend the concept designs for the Post
Office Laneway Extension to not include Lot 10 being part of Strata Plan 33394 within
the design at this time and to provide for the temporary diversion of the laneway onto the
Council land to the south of Lot 10 being part of Strata Plan 33394. Further, it is
recommended that Council terminate the process of acquiring Lot 10 being part of Strata
Plan 33394, 258 Merrylands Road, Merrylands as contained in Council’s resolution of
15 March 2016 (COTW006-16) by either private agreement or by compulsory means.
It is noted that the proposed amendment to the resolution of 15 March 2016 will not
change Council’s intent nor pose a negative impact on the acquisition of the properties
required for the Post Office Laneway extension.
Conclusion:
Council resolved to acquire the land required for the Merrylands City Centre Carpark
Strategy and for the Post Office Laneway Extension at its meeting of 15 March 2016.
This report seeks Council’s approval to terminate the process of acquiring Lot 10 being
part of Strata Plan 33394, 258 Merrylands Road, Merrylands as part of the Acquisition
Land at this time.
To give effect to this modification to the Merrylands City Central Carpark Strategy Council
is requested to amend the resolution of 15 March 2016 (COTW006-16) to delete the
reference to “Part SP33394 (known as 258 Merrylands Road, Merrylands)” from
resolution items ii)(c) and iii)(c).
Consultation:
Council had commenced discussions with the property owner and Body Corporate of
258 Merrylands Road, Merrylands. Should Council resolve to terminate the process of
acquiring Lot 10 being part of Strata Plan 33394, the land owner and Body Corporate will
be advised of Council’s decision.
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Cumberland Council
There are no communication / publication issues for Council associated with this report.
i)
That Council formally terminate the process of acquiring Lot 10 being part of Strata
Plan 33394, 258 Merrylands Road, Merrylands as part of the land required for the
Merrylands City Centre Carpark Strategy and Post Office Laneway Extension, at this
time.
ii)
That Council resolve to amend the resolution of 15 March 2016 (COTW006-16) to
delete the reference to “Part SP 33394 (known as 258 Merrylands Road,
Merrylands)” from resolution items ii)(c) and iii)(c).
iii)
That Council write to the Body Corporate SP 33394 and the landowner of Lot 10
being part of Strata Plan 33394, 258 Merrylands Road, Merrylands advising of
Council’s decision.
Attachments:
1.
Site map of Lot 10 being part of Strata Plan 33394, 258 Merrylands Road,
Merrylands
Cumberland Council
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075/16
Cumberland Council
Classification of Land – 203-211 Merrylands Road,
Merrylands
Executive Officer:
File Number:
Patricia Krzeminski
HC-06-10-8
and community
Summary:
The purpose of this report is to classify the recently acquired property at
203-211 Merrylands Road, Merrylands to “operational” land.
Report:
In accordance with Section 31 of the Local Government Act 1993, Councils may resolve
to classify land acquired (after 1 July 1993), which states:
“… (2) Before a council acquires land, or within 3 months after it acquires land, a
council may resolve (in accordance with this Part) that the land be
classified as community land or operational land…”
On 22 July 2016, Council completed the compulsory acquisition of the property located
at 203-211 Merrylands Road, Merrylands, being Lot 1 in Deposited Plan 658197 and Lot
D in Deposited Plan 344249 (“the Land”). The Land acquired is part of the land required
for the Merrylands City Square, and as such, the plans proposed for this site require the
land to be classified as “operational” land.
Further, and in accordance with Clause 34 of the Local Government Act 1993, Council
must publicly advertise its intention to classify the land as “operational” land for a period
of 28 days prior to any resolution to classify the land is made. Accordingly, Council has
now undertaken public notification of the proposed classification. The following table
details the submission received and Council’s response:
Submission:
As the land had to be compulsorily acquired is
further proof that locals (business people and
property owners, as well as residents) don’t want
the City Square that Council has planned, with
limited sunlight access and an increase of 60% in
the height of buildings (from 20 to 32 storeys) in our
small centre of Merrylands
Cumberland Council
Council response:
- Council at its meeting of 17 March 2015
(PC002/15), resolved to enter into negotiations
with the landowners of 203-211 Merrylands
Road and 213 Merrylands Road for the purpose
of acquiring the land for City Square Stage 2.
The resolution further provided that if
negotiations were not concluded by 31 July
2015, that an application to the Minister for
Local Government and Governor would be
made to compulsorily acquire the land.
- As the negotiations for the land at 203-211
Merrylands Road, Merrylands were not
concluded, Council under the Land Acquisition
(Just Terms) Compensation Act 2009, applied
to the Minister and Governor to acquire the
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075/16
Submission:
Has NSW Planning approved the planning proposal
to amend the LEP height of buildings in the
Merrylands Town Centre from 20 storey limits to 32,
26 and 23 storey limits to facilitate the Square?
Can Council please advise what the cost of the
Square is now estimated to be?
Can Council please advise how much was paid to
compulsorily acquire 203-211 Merrylands Road,
Merrylands?
Can Council please advise how much it paid for the
properties it didn’t have to compulsorily acquire to
facilitate the proposed City Square?
Can the matter of the City Square and increased
heights for our Town Square please be referred to
community members of the Local Representation
Committee
Can the matter of the City Square please also be
discussed with Mr Honeyman?
What is Council continuing to pursue this matter?
Cumberland Council
Council response:
land. The application was approved by the
Executive Council on 30 March 2016 and
compulsory acquisition took place on 22 July
2016.
The Merrylands Station and McFarlane Street
Precinct Planning Proposal is with the NSW
Department of Planning and Environment for
Gateway Determination. The proposal has been
modelled and tested, the subject of early
consultation and will be consulted further with the
community. Gateway Determination will enable
Council to proceed with the formal community
consultation in relation to the Proposal. It is noted
that this is the fourteenth Planning Proposal to
amend Holroyd LEP 2013 since its making in 2013.
The proposed cost of delivering the City Square is
$10.59M, exclusive of a water feature or
permanent kiosk or amenities within the Square.
The proposed cost includes footpath and
intersection upgrades to Merrylands Road,
pavement and reconfiguration upgrades to Main
Lane and footpath and crossing upgrade to
McFarlane Street – within the City Square vicinity.
The value of the acquisition of the land at 203-211
Merrylands Road has not yet been finalised.
Council acquired the land at 213 Merrylands Road,
Merrylands for the purpose of City Square Stage 2
for an amount of $1.62M.
The referral of this matter to the LRC or Mr
Honeyman will be at the discretion of the
Administrator.
See response above.
An Open Space, Recreation and Public Domain
Study was carried out by consultants in 2013, with
the objective ensuring the future needs of planned
population
growth
are
met.
The
study
recommended a 4,000sqm square between
Merrylands Road and McFarlane Street, to serve as
a ‘much needed’ community heart and gathering
space and allow Merrylands Centre to
accommodate growth across the Local Government
Area.
Council’s Section 94 Development Contributions
Plan 2013 adopted on 16 July 2013 to provide
public infrastructure and facilities for planned
growth included this ‘Town Square’ civic space in
the “centre of Merrylands” in two stages; the first
involving works on Council land and the second
stage involving acquisition and expansion. Council
resolved at that meeting to “amend Holroyd LEP
2013 to include essential reservations for land
acquisition required to deliver the Holroyd Section
94 Development Contributions Plan 2013 works”.
The location of the Town Square Stage 1 is
indicated in the 2013 Development Control Plan
(DCP) 2013. The provision for the expansion of the
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Submission:
Why is Council continuing to pursue the City Square
even though a study has proven how much hotter
Parramatta CBD is compared to Parramatta Park?
Why does Council want to increase the “concrete
jungle” in the centre of Merrylands?
Cumberland Council
Council response:
Town Square being Stage 2 is identified in Council’s
S94 Developers Contribution Plan 2013.
The reasons for the planned Square identified in the
adopted Section 94 Plan and related Open Space
Recreation and Public Domain Study (2013) are
summarised as follows:
- Passive recreation area for play, rest and
entertainment in the growing major CBD.
- Meeting, gathering and dining place at the heart
of the Centre.
- Improve connectivity and generate economic
activity from the Mall to Main Streets.
The Merrylands City Square was identified as a
priority for growth by urban design and recreation
consultants, and the S94 Plan 2013. While the S94
Plan 2013 also provides for new ‘green’ open space
to the east of the centre and upgraded facilities in
the surrounding local parks, these perform a
different role to a square at the heart of the centre.
The Square has been identified as a key piece of
public infrastructure to the amenity of Merrylands
and the quality of life for the growing Cumberland
community.
The Administrator has been explicit in his view to
move forward with Cumberland Council, in line with
State Government priorities.
This report seeks Council to classify the Land as “operational” land.
Consultation:
In accordance with Section 34 of the Local Government Act 1993, Council must publicly
exhibit its intention to classify the land as “operational”. In this regard, public notification
took place between 25 July 2016 and 21 August 2016 and one submission was
received.
report.
That Council classify the land at 203-211 Merrylands Road, Merrylands (Lot 1 in
Deposited Plan 658197 and Lot D in Deposited Plan 344249) as “operational” land.
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Cumberland Council
Attachments:
1.
Site map of 203-211 Merrylands Road, Merrylands
Cumberland Council
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Cumberland Council
Planning Proposal for 11-19 Centenary Road Merrylands
(St Vincent de Paul Site) – Post Exhibition Report
Executive Officer:
File Number:
Previous Considerations:
Proposal Details
Application Lodged
Applicant / Proponent
Owner
Company Details
Description of Land
Development Environment and Infrastructure
Adan Davis
HC-23-08-25
5.1.1 Oversee the land use planning, design and
compliance framework for managing and facilitating
appropriate development.
8.1.1 Oversee and implement Council’s Residential
Development Strategy and appropriate housing
opportunities through land use planning.
8.2.1 Ensure housing growth is focused around centres
and planning controls do not compromise housing
affordability.
9.3.1 Ensure planning and development implements
Environmentally Sustainable Design principles.
DCS001-16 Rezoning Request – 11-19 Centenary
Road Merrylands (St Vincent de Paul Society Site)
29 June 2015
Wakefield Planning on behalf of
St Vincent De Paul Society Trust NSW
St Vincent De Paul Society Trust NSW
St Vincent de Paul Society Trust NSW – Parramatta Diocesan
Central Council
ABN: 91 161 127 340
73-75 Dunmore Street, Wentworthville NSW 2145
PO Box 573, Wentworthville NSW 2145
Ph (02) 8861 9700
The list of Responsible Persons for the organisation was
previously provided under Councillor Memo 010/2016
11-19 Centenary Road Merrylands
15 Wyreema Street Merrylands
Lot 2 DP597975
Lot 1 DP597975
Lot 19 DP2020
Lot 20 DP2020
Proposal Summary
Lot 21 DP2020
Lot 22 DP2020
Lot 23 DP2020
Lot 24 DP2020
Seeks to amend the land use zoning, maximum building height
and floor space ratio for the site to enable redevelopment for a
4-storey residential apartment building with basement parking.
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Cumberland Council
Site Area / Description of The subject site is at the end of a block with street frontage on
existing use
three (3) sides and has an area of approximately 4,298m2.
The site is currently occupied by the St Vincent de Paul Society
with a warehouse for sorting and storage of goods and
associated sales, and a house that is used for office /
administration. The site also contains hardstand area for
vehicle parking and loading/offloading.
Existing
Zoning
Planning Controls
and Land use zoning: R3 Medium Density Residential
Maximum building height: 11m
Floor space ratio (FSR): 0.85:1
Proposed Zoning and Land use zoning: R4 High Density Residential
Planning Controls
Maximum building height: 15m
Floor space ratio (FSR): 1.2:1
Heritage
Not applicable
Disclosure of political Nil
donations and gifts
Previous Considerations DCS001-16 Rezoning Request – 11-19 Centenary Road
Merrylands (St Vincent de Paul Society Site). Report to Council
meeting of 2 February 2016.
Summary:
At its meeting of 10 August 2016, the Cumberland Independent Hearing and
Assessment Panel (CIHAP) considered a report on the Planning Proposal for
11-19 Centenary Road and 15 Wyreema Street Merrylands. This report addressed the
public exhibition of, and the submissions received to, that Planning Proposal, reviewed
the proposed control amendments with respect to the submissions received, and
recommended that the proposed planning control amendments proceed without
alteration. The CIHAP resolved to recommend to Council that the proposed planning
control amendments, as nominated in the Planning Proposal, be progressed.
The purpose of this report is to formally progress the CIHAP resolution and seek Council
resolution to finalise the Planning Proposal.
The outcome sought, through the planning control amendments under the Planning
Proposal, is to enable the future redevelopment of the site for a residential flat building
(apartments).
Report:
Background
A Planning Proposal Request was lodged with Council by St Vincent De Paul (NSW)
Society Trust, as property owner and proponent, to amend the planning controls affecting
their property at 11-19 Centenary Road and 15 Wyreema Street Merrylands. The
proposed amendments to the Holroyd Local Environmental Plan (LEP) 2013 were:
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

Cumberland Council
To change the zoning from R3 Medium Density Residential to R4 High Density
Residential.
To increase the maximum building height from 11m to 15m.
To increase the floor space ratio (FSR) from 0.85:1 to 1.2:1.
The outcome sought, through the amended planning controls is to enable the future
redevelopment of the site for an apartment building. The proponent noted in the
Planning Proposal request that the current use of the site, for a St Vincent de Paul outlet
/ store, is intended to be relocated to a new site in the area.
At its meeting of 2 February 2016 Council considered the request and resolved to
proceed with a Planning Proposal. The Planning Proposal was prepared and forwarded to
the Department of Planning and Environment (the Department) for Gateway
Determination. The Determination to progress with the Planning Proposal, and authorise
the delegation to Council to finalise the Planning Proposal, was made on 26 April 2016
(Attachment 1). Subsequently, consultation with the community on the Planning Proposal
and associated documentation was undertaken for four (4) weeks and submissions were
invited. One public submission, an objection, was received during the public exhibition
period.
Cumberland Independent Hearing & Assessment Panel (CIHAP)
The Cumberland Independent Hearing & Assessment Panel (CIHAP) (the Panel) has
delegation to make recommendations on Planning Proposals for Council’s consideration.
At the meeting of 10 August 2016, the Panel considered report C014/16 Planning
Proposal for 11-19 Centenary Road Merrylands (St Vincent de Paul site) – Post Exhibition
Report. The report outlined, and provided a response to, the concerns raised by the
objector during the public consultation phase of the Planning Proposal. Giving regard to
those concerns and their respective responses, a review of the proposed planning
controls was undertaken. From this review it was determined that the proposed control
amendments could progress without change.
At the commencement of the meeting, the Panel heard from a representative of the
proponent and from the objector for this Planning Proposal.
The Panel resolved to recommend to Council that the proposed planning control
amendments to the Holroyd LEP 2013 pertaining to this site be progressed. The Panel
also recommended that the Planning Proposal be reported to Council seeking a
Resolution to forward it to the Department of Planning and Environmental (the
Department) for finalisation. It is noted, however, that as Council has received delegated
authority from the Department to finalise the Planning Proposal, the forwarding of the
Planning Proposal to the Department for finalisation is not required.
A copy of CIHAP Report C014/16 is provided at Attachment 2 and a copy of the relevant
minutes of the CIHAP meeting of 10 August 2016 are provided at Attachment 3.
Conclusion:
The Planning Proposal for 11-19 Centenary Road and 15 Wyreema Street Merrylands
has been the subject of community consultation and one submission of objection was
received. A review of the proposed amendments to the planning controls, in light of the
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objection and the associated response, was undertaken. It was determined that, as the
amendments to planning controls per the Planning Proposal had merit and would
achieve the best outcome, the proposed amendments could progress without change. At
the meeting of 10 August 2016 the CIHAP considered the report addressing the public
exhibition activity and heard from two speakers. The Panel subsequently resolved to
recommend to Council that the planning controls amendments, as identified in that
Planning Proposal, be finalised.
Consultation:
Next Steps
Upon Council resolution of the recommendations of this report, Council will finalise the
LEP amendment forwarding it to Parliamentary Counsel and making the plan under
delegation from the Greater Sydney Commission through the Department.
The progression of this Planning Proposal would require an amendment to the Holroyd
Local Environmental Plan (LEP) 2013. The Greater Sydney Commission, through the
Department, has delegated authority to Council to make this amendment.
The Planning Proposal has undergone a public exhibition period, as addressed in the
CIHAP report. There are no further communication / publications implications for Council
associated with this report.
It is recommended that Council resolve:
i)
To receive the minutes of the CIHAP Report C014/16 and adopt the
recommendations as resolved by the Panel, with the exception of part of
Recommendation 4, on the basis that the Planning Proposal does not require
forwarding to the Department for finalisation.
ii)
To finalise the LEP amendment in accordance with the delegated authority from the
Greater Sydney Commission through the Department.
Attachments:
1.
Gateway Determination and Delegation of Authority notifications from the
Department of Planning 26 April 2016
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2.
3.
Cumberland Council
CIHAP report C014/16 - Planning Proposal for 11-19 Centenary Road Merrylands
(St Vincent de Paul Site) – Post Exhibition Report
Minutes of CIHAP meeting 10 August 2016 for report C014/16
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Planning Proposal Request for 37-39 Pavesi Street,
Smithfield
Executive Officer:
File Number:
Development, Environment & Infrastructure
Adan Davis
HC 23-08-31
5.1.1 Oversee the land use planning, design and
appropriate development
8.1.1 Oversee and implement Council’s Residential
Development Strategy and appropriate housing
opportunities through land use planning
8.2.1 Ensure housing growth is focused around centres
and planning controls do not compromise housing
affordability
Proposal Details
Application Lodged
Proponent
Owner
Address
4 March 2016
Landcorp Australia Pty Ltd
Merinos Investments Pty Ltd
37-39 Pavesi Street, Smithfield
Lot 36 DP 10958
Proposal Summary
Rezoning of the site from IN2 Light Industrial to R2 Low
Density Residential to facilitate multiple semi-detached/dual
occupancy development
Existing
Zoning
and Zoning: IN2 Light Industrial
Planning Controls
Height: none
FSR: none
Proposed Zoning and Zoning: R2 Low Density Residential
Height: 9m
Planning Controls
FSR: 0.5:1
Heritage
Adjacent to heritage item
Disclosure of Political Nil disclosure
Donations and Gifts
Previous Considerations Nil
Summary:
A request to prepare a Planning Proposal for 37-39 Pavesi Street, Smithfield was
submitted to Council on 4 March 2016.
The proponent is requesting to rezone the site from IN2 Light Industrial to R2 Low
Density Residential to facilitate residential development in the form of multiple dual
occupancy / semi-detached dwellings. A 9m building height, 0.5:1 FSR and 410m2
minimum lot size are also sought.
At its meeting of 10 August 2016, the Cumberland Independent Hearing & Assessment
Panel (CIHAP) considered a report on the proposal. The report recommended that
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Council proceed with the planning proposal subject to modifications to the proposed
concept and road design.
Following a resolution from CIHAP, this report seeks Council’s endorsement for the
preparation of a Planning Proposal for submission to the State Government.
Report:
Site and Context
The site is 0.8 ha in area and is located in Smithfield on the edge of the IN2 Light
Industrial zone, adjacent to the R2 Low Density Residential zone. The site currently
contains warehouses which are used for the storage of rugs.
The site is shown in the following aerial photo.
Proposal Description
The planning proposal request seeks to rezone the subject site from IN2 Light Industrial
to R2 Low Density Residential to facilitate dual occupancy development. A 9m building
height, 0.5:1 FSR and 410m2 minimum lot size are also sought. The proposal would
result in the creation of approximately 22 new residential dwellings on 11 lots.
Summary of Strategic Merit Assessment
The strategic merit assessment concluded that the proposal could be supported
strategically, on the basis of the following:
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Rezoning of the site from light industrial to residential and commercial uses is
broadly consistent with both Council and State Government policy regarding land
use and development in the particular circumstances of this site.
R2 Low Density Residential zoning would be consistent with the R2 zone currently
adjoining and opposite the property.
The site is not suitably located for industrial uses. The site’s value for industrial
purposes has been undermined due to a traffic control device and the close
proximity of adjoining residential properties. As the proposal would establish a
substantial buffer between industrial and residential uses it would support and
enhance the protection of employment land in the Smithfield-Wetherill Park
industrial precinct.
The proposal would have a mainly positive social impact
There would be no adverse impact on the heritage significance of the Prospect
Reservoir – Pipehead water supply pipeline
There are no ecological issues
There are no flooding issues
However, support for the proposal should be subject to the following:
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A revised subdivision plan consistent with the controls of Holroyd DCP 2013,
including a minimum lot size of 450m2.
A net dwelling density of 25 dwellings per hectare.
An amended road design that enables safe movement of service vehicles.
Recommendations of the Detailed Site Investigation being followed in relation to
further investigations and remediation work for site contamination.
Measures identified in the Acoustic Assessment to minimise any potential noise
impacts on new residential dwellings.
Cumberland Independent Hearing and Assessment Panel
On 10 August 2016 the CIHAP considered report C015/16 on the Planning Proposal
request for 37-39 Pavesi Street, Smithfield. A copy of the report and minutes are
included in Attachment 1.
The report provided a Strategic Merit Assessment of the proposal and made the following
recommendations:
1.
That Council proceed with the preparation of a Planning Proposal for 37-39 Pavesi
Street, Smithfield, which proposes to rezone the site for R2 Low Density
Residential, with the following planning controls:

A maximum floor space ratio of 0.5:1

A maximum building height of 9m

A minimum lot size of 450m2
2.
That a revised concept be provided prior to public exhibition, incorporating the
following:

Revised road design that ensures service vehicles can move safely along the
entire length of the road
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3.
Cumberland Council
Revised turning arrangement for service vehicles, located at the end of the
road
A minimum lot size of 450m2
That, prior to public exhibition, the revised road design be reported to Council’s
Traffic Committee along with the proposal to dedicate the new road to Council, for
the committee’s consideration.
The CIHAP resolved that the proposal should proceed in accordance with these
recommendations.
Conclusion:
On 10 August 2016, the CIHAP considered Council’s strategic merit assessment of the
proposal for 37-39 Pavesi Street, Smithfield and resolved to proceed with the planning
proposal subject to modifications to the proposed concept and road design.
On the basis of the CIHAP resolution, this report seeks Council’s endorsement for the
preparation of a Planning Proposal for submission to the State Government.
Consultation:
Community and agency consultation would be undertaken in accordance with the
requirements stipulated by the Gateway Determination, and would likely include public
exhibition for 28 days, letters to adjoining and opposite neighbours and notification in
the local newspaper and on Council’s website.
A fee of $34,302 was received with the planning proposal request, being the required
fee for a major rezoning request.
This report proposes to submit to the DP&E a Planning Proposal that may result in an
amendment to Holroyd Local Environmental Plan 2013, and related amendments to
Holroyd DCP 2013.
Community consultation for the planning proposal would be advertised in local
newspapers and on Council’s website.
Report Recommendation
i)
That Council receive the minutes of the CIHAP report C015/06 and adopt the
recommendations as resolved by the CIHAP.
ii)
That the revised concept incorporate site-specific controls that establish the
location and dimensions of the road within a 20m buffer between new residential
dwellings and the boundary with the industrial zone, including a minimum physical
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separation/vegetation buffer between the proposed road and property/zone
boundary.
Attachments:
1.
2.
CIHAP Report C015/16 – Planning Proposal Request for 37-39 Pavesi Street,
Smithfield
Minutes of CIHAP 10 August 2016 for report C015/16
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PP-4/2015 - Auburn Shopping Village Planning Proposal
Officer:
File Number:
Environment and Infrastructure
Monica Cologna
PP-4/2015
2a.1.3 Provide advice on development, construction
and planning issues
Summary:
The report provides Council with the recommendations of the Cumberland Council
Independent Hearing and Assessment (CIHAP) Panel on the Auburn Shopping Village
Planning Proposal, 41 Auburn Road, Auburn (PP-4/2015) (Attachment 1). It also includes
the detailed assessment of this planning proposal application prepared by Council staff
(Attachment 2).
Report:
This report presents the outcomes of an assessment of the application for a planning
proposal for the land at 41 Auburn Road, Auburn - The Auburn Shopping Village (ASV)
site.
History
A summary of the history is provided below. A more detailed chronology is included as
Appendix I of the detailed Assessment report (Attachment 1).
Pre-lodgement application (Development Application) PL-21/2014
June 2013
Applicant commenced pre-Development Application lodgement discussions
with Council staff, for their initial scheme, consistent with the provisions under
the Auburn Local Environmental Plan (ALEP) 2010) which proposed:
- FSR of 5:1
- maximum building height of 49m
May 2014
Discussions of the application progressed and the possible inclusion of library
space (2,000m²) was proposed on a leasehold basis for Council as follows:
- proposed FSR of 5.52:1
- proposed height of 69.8m
- library 2,000m² (leasehold)
The proposed changes to Council’s planning controls represented an increase
of 0.52:1 in FSR and approximately 20 metres in height. It was proposed that
the library would be delivered through a Voluntary Planning Agreement (VPA
mechanism).
July 2014
In response to advice from Council staff (July 2014) that leasehold tenure was
not considered acceptable to Council for proposed community facilities (such
as the proposed library), the applicant revised their proposal. Due to the
substantially more significant increases the applicant was subsequently
proposing to the existing height and FSR controls, an application for a planning
proposal, rather than a development application, was required.
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Application for a Planning proposal PP-4/2015
August 2015
Application for a planning proposal lodged. This application sought:
- proposed FSR of 9:1
- proposed height of 96m
- library 2,000m² (dedicated to Council)
November
2015
The proposed increase in FSR and height sought, as part of this application,
equate to a 100% increase on what is permitted under Council’s current
controls.
Letter of offer (public benefit proposed to be achieved via a VPA):
- cold shell 2000m2 library space to be dedicated to council and 10 spaces
for staff parking.
- provision and dedication of a pedestrian laneway connecting Mary Street
to Queen Street to align with Vales Lane to the north.
- a public plaza (600m²) constructed and embellished to a suitable
standard.
Proposal
The proposal seeks to amend the maximum height of building control and the maximum
floor space ratio control for the subject site by almost 100%, as shown in the table below.
Table 1 – summary of existing and proposed controls
zoning
Height of Building
Floor Space Ratio (FSR)
existing
proposed
existing
proposed
existing
proposed
B4 mixed use B4 mixed use 49m
96m
5:1
9:1
The development concept provided in the application includes a thirty storey mixed use
development comprising two residential towers above a commercial podium, ground
level retail. While these uses are permissible within the existing B4 Mixed Use zone, the
quantum of development that can be achieved under the current height of building and
floor space ratio controls under Auburn Local Environmental plan (ALEP) 2010 is
significantly less than the proposed amendment would allow.
The proposal also includes an offer of a 2000m² library (proposed to be dedicated to
Council) and a small public courtyard (600m²) with site through links to Queen Street, as
public benefits.
This application was reported to the Council’s IHAP in August 2016. The report to IHAP
(Attachment 1) noted the following:

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The proposed FSR and height are considered to be excessive, are not supported by
Council staff, and the proposal should not proceed to the Department of Planning
for a Gateway Determination.
The proposed library facility (2000m²) is not considered to be sufficient in size, nor
is it in a desirable location to make this proposition beneficial to Council.
A strategic review of heights in Auburn and Lidcombe town centres was undertaken
by consultants on behalf of Council in late 2015. The recent Council report to the
Cumberland IHAP recommended that this draft study be reported to Council’s IHAP
for their review, prior to seeking a resolution of Council to publicly exhibit this draft
work. It is intended that this draft study, once finalised, will form the basis for the
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strategic amendment of town centre building height controls in both Lidcombe and
Auburn town centres.
The Cumberland IHAP has recommended that the draft strategic Review of Heights in
Auburn and Lidcombe Town Centres be brought to the panel for their review and
recommendation. The IHAP has recommended that a brief review of this planning
proposal application be included in the context of the study’s recommendations for this
site.
The attachments of this report are available electronically at Council’s Website:
www.cumberland.nsw.gov.au/business -paper/
Conclusion:
It is recommended that this planning proposal not proceed to Gateway given the
significant increase in maximum building height and FSR proposed. In line with the
IHAP’s recommendation, it is proposed that the draft Review of Town Centre Heights
study be reported to the panel in October.
Consultation:
Preliminary (pre-Gateway) consultation relating specifically to this planning proposal
application has been undertaken (public notification for a 28 day period SeptemberOctober 2015), in accordance with Council’s policy and as detailed in the report to the
CIHAP.
It is proposed that the draft Review of Town centre Heights study be reported to the IHAP,
for their review and consideration, prior to public exhibition of this draft study.
No financial implications at this stage, given that it is recommended Council not proceed
with the planning proposal.
The draft Review of Town Centre Heights in Auburn and Lidcombe Town Centres is a key
strategic document, which is intended to inform a review and revision of the existing
maximum height of buildings control for the centres under the Auburn Local
Environmental Plan 2010. Should the study proceed to exhibition and eventually be
adopted by Council, it will then flow on to an amendment to the Auburn Local
Environmental Plan 2010.
report.
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i)
That the application for a planning proposal to amend the permissible height of
building control from 49m to 96m, and to amend the permissible floor space ratio
control from 5:1 to 9:1, for the subject land at 41 Auburn Road, Auburn, not be
supported.
ii)
That this application not proceed to the Department of Planning and Environment.
iii)
That the draft investigation into height and zoning for Auburn and Lidcombe town
centres be reported to the Cumberland Council Independent Hearing and
Assessment Panel (CIHAP) for review and recommendation, prior to being reported
to Council.
Attachments:
1.
Report to and minutes of the Cumberland Council Independent Hearing and
Assessment Panel, 24 August 2016 – T076782/2016 (Report) and
T081331/2016 (minutes)
2.
Detailed Assessment report - T08118/2016
Appendix A: Appendix A: Application for a Planning Proposal - T080643/2015
Prepared by DDC Urban Planning on behalf of the applicant.
Appendix B: Urban Design Report - T080705/2015
Prepared by BECA on behalf of the applicant.
Appendix C: Economic Impact Assessment T080645/2015
Prepared by Hill PDA Consulting on behalf of the applicant.
Appendix D: Services Infrastructure Report - T080698/2015
Prepared by Hyder on behalf of the applicant.
Appendix E: Overland Flow Study - T080700/2015
Prepared by Hyder Consulting Pty Ltd on behalf of the applicant.
Appendix F: Pedestrian Wind Environment Statement - T080702/2015
Prepared by Windtech Consultants Pty Ltd on behalf of the applicant.
Appendix G: Traffic Impact Assessment - T080704/2015
Prepared by Transport and Traffic Planning Associates on behalf of the applicant.
Appendix H: Located within detailed assessment report - T08118/2016
Appendix I: DCP Provisions (located within Assessment Report - T08118/2016)
Appendix J: Application History (located within detailed assessment report T08118/2016)
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Cumberland Heritage Study and NSW Heritage Grant Offer
Executive Officer:
File Number:
Development Environment and Infrastructure
Adan Davis
HC-23-12-25
5.1.1 Oversee the land use planning, design, and
appropriate development.
5.4.1 Maintain Heritage items and conserve areas
and provide initiatives to conserve Holroyd’s
Heritage.
Summary:
In December 2015 Holroyd City Council applied for a grant under the NSW Office of
Environment and Heritage (OEH) 2016-2017 NSW Heritage Grants Program towards the
cost of a Heritage Study Review of the Holroyd LGA. Council has recently received
approval of that application.
Both the former Holroyd and Auburn City Councils are referring to dated reference
material on their listed environmental heritage and each Council had plans towards
addressing this. However, the amalgamation into Cumberland Council as well as the
Grant offered by the OEH, has required a reconsideration of how the listing information of
environmental heritage should be updated.
It is proposed to undertake a Heritage Study to review and update the Heritage inventory
across the Cumberland LGA, however there may be implications with respect of the Grant
funding offered. It is suggested that the Grant be utilised for a smaller Precinct Heritage
Study to be undertaken separately to a wider LGA heritage study.
Report:
Office of Environment and Heritage Grant Program
The OEH offers grant funding to local Councils under the annual NSW Heritage Grants
Program (the Program). The grant funding is paid as a reimbursement, up to a stated
amount, of the Council expenditure on approved heritage based studies.
On 16 December 2015 Holroyd City Council submitted its application for funding under
the Local Government Heritage Planning Studies component of the 2016-2017 Program
(Attachment 1). Council sought grant funding to undertake a Holroyd Heritage Study
Review that would encompass the full extent of the former Holroyd Local Government
Area (LGA). The review, as outlined in the application, was intended to:

Reassess existing heritage, conservation areas, archaeological sites and
indigenous heritage items as listed under the Holroyd Local Environmental Plan
(LEP) 2013 Schedule 5 Environmental Heritage (further details on the LEP aspects
are provided below).
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Identify items that may have sufficient heritage value for inclusion the LEP
Schedule 5 (Items of Environmental Heritage) list, with assessments of significance
to support that listing recommendation.
Provision of inventory sheets for each listed and potential listing items and
conservation areas. Updates to existing sheets would be provided for current listed
items and new sheets for potential new items.
Provide the background information towards an amendment and update of the LEP
Environmental Heritage Listings as appropriate.
Under its Application, Council had allowed 12-14 months to undertake the review, being
to commence in Quarter 4 of 2015/16 and with completion anticipated in June 2017.
On 10 August 2016 Council received a letter of offer from OEH for funding towards the
Holroyd Heritage Study Review in response to its application. This letter initially offered a
grant of $25,000 (Attachment 2). However, upon querying whether the Grant could be
used towards a wider study across the Cumberland LGA and whether amendments to the
study milestones could be made, the OEH advised that they had made an error in their
previous offer. The letter of offer was then re-issued, revoking the former Grant offer and
offering instead a reduced Grant amount of $10,000 (Attachment 3). The conditions of
the Grant include the requirement that the Heritage Study Review is concluded, and the
final report submitted to and reviewed as satisfactory by OEH, by 15 May 2017.
Unclaimed grant funding cannot be rolled over to the next financial year. The offer of the
Grant funding is to be accepted or refused by 13 September 2016.
Local Environmental Plan – Schedule 5 Environmental Heritage
The Standard Instrument – Principal Local Environmental Plan (LEP) provides the
minimum content and order of information to be provided for each respective Local
Government Area. The Standard Instrument specifies Schedule 5 as containing
information on Environmental Heritage for that LGA. Environmental Heritage, consisting
of individual Heritage Items, Heritage Conservation Areas, Archaeological Sites, and
Aboriginal Objects and Aboriginal places of heritage significance, are listed in the
Schedule. Listing of sites is supported by an assessment and statement of the heritage
value of the item / place. Any changes, as either additions or deletions, from the items
listed under Schedule 5 are made through an amendment of the LEP (planning
proposal).
Existing Heritage Studies
Former Holroyd LGA
The last comprehensive area study of heritage items in the former Holroyd LGA was
undertaken in 1993. A review and update of that study, being the Holroyd Heritage
Inventory Review, was completed in October 1998. This 1998 review is the main
reference for Council when providing advice relating to heritage items.
A Holroyd-wide Urban Character Study completed in April 2007 identified existing listed
heritage items and conservation areas, as well as clusters of Victorian, Victorian
Italianate and Federation cottages in the north Merrylands suburb, Guildford centre and
Wentworthville centre areas and clusters of Inter-war cottages in or near the
Wentworthville centre.
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Former Auburn LGA
The last comprehensive area study of heritage items in the Auburn LGA, and the
documentation currently referred to, was the Auburn Heritage Study Draft Final Report
dated 1996 and the Auburn Town Centre Study dated 2007.
The Parramatta Road Urban Transformation Strategy – Fine Grain Study identified four
(4) sites of potential heritage value within the Auburn Precinct.
Former Woodville Ward Area
Heritage items of the Woodville Ward area were identified in the Parramatta Heritage
Study 1993 (volumes 1-3). A comprehensive review of those heritage items was
undertaken and reported to the former Parramatta City Council in 2011.
Heritage Studies – Earlier Commitments
Former Holroyd City Council
At its meeting of 31 May 2011 Council considered a report on submissions made as part
of the public exhibition of the Draft Comprehensive Holroyd Local Environmental Plan
(LEP). This report identified the need for a review of heritage items in the then Holroyd
LGA. Council resolved to commence a comprehensive LGA-wide Heritage Study within 5
years (Report DCS13-11 – provided at Attachment 4).
The task of undertaking the Holroyd LGA Heritage Study was subsequently included in
the Strategic Planning Works Program, endorsed by Council at its meeting of
17 December 2013 (Report DCS043-13 – refer Attachment 5). In that Works Program,
the Holroyd LGA Heritage Study was scheduled to commence in 2016 and extend over
12-24 months at an estimated cost of $200,000 (allocated over 3 financial years).
Former Auburn City Council
In preparing to undertake a Comprehensive LEP Review, the then Auburn City Council
gave consideration to the existing reports/studies (noted above) and to officer advice,
and the following were identified to progress as part of the LEP Review activity:

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Two (2) potential local heritage items for inclusion on Schedule 5 of the LEP, one of
which may also have merit for State Heritage Listing. Both are located in proximity
to the Auburn Town Centre.
An update of the significant tree register including those trees meeting the criteria
for heritage artefacts.
A further six (6) sites were identified for further assessment of their heritage values.
This further assessment would inform their merit for potential listing under LEP
Schedule 5.
It is noted that the Auburn Comprehensive LEP Review is now on hold and the work is to
be incorporated into a new Comprehensive LEP for the whole of Cumberland.
Although some potential heritage sites had been identified for further assessment
toward potential listing within the LEP as part of the Auburn Comprehensive LEP Review,
no comprehensive Heritage Study was provided for under that project and no heritage
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study is currently proposed on the forward work plan. Correspondingly, no monies are
allocated for Heritage studies or reviews within the current budget.
On 19 August 2015, Council provided in principle approval for the reprinting of the book
“Liberty Plains: A History of Auburn NSW” (1992). Quotes have been received and the
book has been scanned and converted to an electronic file. A brief has been prepared for
a supplement that would update the book to the end of Auburn City Council as an entity.
Study Options
It is considered that four options are available to Council in response to the heritage
grant funding opportunity, the age of existing reference materials of listed environmental
heritage and the commitment previously made by Holroyd and Auburn Councils to update
their assessments and listings of environmental heritage.
Option 1 - Undertake a Comprehensive Cumberland LGA Study and Seek to Use the
Grant Allocation
A comprehensive Cumberland LGA Study would review and update the existing Studies
and inventory sheets for all environmental heritage currently listed under the respective
LEP Schedule 5 lists. The study would also assess any other sites or areas that may have
heritage value for potential merit for listing. It is advised that current listings are typically
associated with European settlement and establishment of towns and suburbs. It is
expected that a new heritage study would likely identify more contemporary places that
have become culturally significant to the community over the past 20 years.
A comprehensive Heritage Study is warranted when considering the:
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Age of the existing inventory and studies that Council is using in providing advice on
heritage items;
Number of sites or areas that may have merit as a new heritage listing (as items or
conservation precincts);
Sites that have been demolished or where their value has diminished and so may
merit delisting;
Development that is currently occurring and may occur in future, in particular
development encouraged through strategies such as the Wentworthville
Revitalisation, Merrylands City Centre, or the Parramatta Road Urban
Transformation; and
Outcomes of that study could support any amendment to the LEP in order to
update the Schedule for Environmental Heritage. In particular the study would
inform the future Cumberland Local Environmental Plan when that work is
undertaken.
A comprehensive Heritage Study of the Cumberland LGA would take approximately
15-18 months to complete. This estimate is based on advice received from heritage
consultants and the minimum 12 months nominated for the then Holroyd LGA Review
(per the OEH funding application) that was to cover about 145 listed items (reduced
slightly by those items now located in the Parramatta LGA). The study would now review a
further 190 items (approximately) in both the former Auburn LGA and the Woodville ward
and approximately double the area to be studied. It is estimated this study would cost
$350,000-$380,000.
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A competitive tender process would be undertaken to engage a heritage consultant to
undertake the work, to be project managed within Council. Proposals could be sought by
the end of 2016, with a consultant engaged in to commence in January 2017. The study
would be undertaken from January 2017 to Quarter 4 in 2017/2018.
A comprehensive, well researched and documented Cumberland LGA Heritage Study
could not be completed within the 9 month timeframe stipulated in the conditions of the
Grant offer. Therefore to utilise the grant offer towards a comprehensive study Council
would need to seek an extension beyond the financial year in which the funding for the
grant is available. Council has raised the timeframe issue with OEH and requested that a
draft report, rather than the final report, be accepted on 15 May 2017, however OEH has
not responded to this alternative delivery approach. It is advised that utilising the Grant
towards an 18 month comprehensive heritage study would not meet the terms of the
Grant and is not likely to be agreeable to the OEH.
Option 2 - Undertake a Precinct Heritage Study to use the Grant Allocation
The Precinct study would provide a heritage study of the identified area. It is considered
that a precinct study of a up to two (2) small distinct places could be undertaken within
the timeframes stipulated by the OEH as part of the conditions of the Grant, and within
the current financial year for Council. It is expected that the cost of such a study would
be about $20,000-$25,000 with the Council funding contribution amount dependant on
the number and size of the precincts to be assessed and the detailed scope of works.
However, as the Grant funding was for a comprehensive Heritage review of the (then
entire) Holroyd LGA, the OEH would need to agree to the revised scope for the use of the
Grant funding offered.
Five precincts have been identified that may be appropriate for this study. An indicative
potential study area is marked on the following maps (Figures 1-5) with the specific area
to be refined. These precincts have been identified from the Holroyd LGA Urban
Character Study as areas of (historic) housing clusters and, being located the fringe of
centres for which substantial redevelopment is likely, may experience redevelopment
pressure in the future.




Westmead Precinct. Redevelopment and investment in the Westmead Health
Precinct may place flow-on redevelopment pressures on the surrounding area and
furthermore a precinct planning project is programmed to be undertaken for this
area in the immediate future (indicative study area - Figure 1).
Adjacent to Wentworthville town Centre – South. This area is adjacent to the
Wentworthville centre, anticipated for redevelopment following Councils
Wentworthville Revitalisation Strategy, and existing development applications
within the centre (indicative study area - Figure 2).
Adjacent to Wentworthville Town Centre – East. This area is adjacent to the
Wentworthville centre, anticipated for redevelopment following Councils
Wentworthville Revitalisation Strategy, and existing development applications
within the centre (indicative study area - Figure 3).
Holroyd North. This area is in proximity to the Merrylands Centre and the Neil Street
Precinct which are the subject of Planning Proposals to intensify development of
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
Cumberland Council
the town centre, as well as being within a Parramatta Road Transformation Strategy
precinct (indicative study area - Figure 4).
Guildford North. This character of this area is changing due to the existing
subdivision pattern that allows for small lot housing (indicative study area - Figure
5).
Should Council wish to proceed with this option a heritage consultant would be engaged
through an expression of interest (fee proposal) process. The fee proposals could be
sought in October 2016 and the study to commence in December 2016, with completion
by May 2017. This study could be commenced immediately and carried out separately to
a comprehensive LGA heritage study, such that it could be completed within the OEH
timeframes for the Grant. Westmead would be the most ideal precinct for such work,
given that a heritage study was one of the background reports identified to be carried out
as part of the planning for that precinct which will occur over the next year.
Figure 1: Indicative Precinct Study Area - Westmead
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Figure 2: Indicative Precinct Study Area - Wentworthville South
Figure 3: Indicative Precinct Study Area - Wentworthville East
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Figure 4: Indicative Precinct Study Area - Holroyd North
Figure 5: Indicative Precinct Study Area - Guildford North
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Option 3 - Undertake a Local (Record of Centre) Study
The Local (Record of Centre) study could provide a text-based assessment and pictorial
record of specific heritage items and of the existing streetscapes of the study area. It is
considered that a precinct study of up to two (2) small distinct places could be
undertaken within the current financial year for Council. The cost of this study would
depend on the location/s to be assessed and detailed scope of works, to fit within a
budget of $20,000-$25,000. It is noted this type of study would need to be agreeable to
the OEH and does not currently meet the requirements of the Grant funding offered – as
that funding was for a Heritage study/review that would result in potential heritage
listings.
Potential areas for a Pictorial Study are:



Wentworthville Town Centre. In view of the recent Wentworthville Planning Strategy
and subsequent Planning proposal that will encourage redevelopment of the area –
the precinct study could inform that redevelopment as well as be a resource of how
the contemporary centre looks prior to this redevelopment. The study could also
capture the clusters of housing identified in the 2007 Holroyd LGA Urban Character
Study.
Merrylands City Centre. Similarly to capture the current character of the area prior
to further development as currently proposed and that may occur with respect of
the Merrylands and potential future redevelopment through the Merrylands Station
& McFarlane Street Precinct and the Neil Street Precinct Planning Proposals.
Auburn Town Centre and South Parade. The centre is considered to have a distinct
character and a number of items that should be assessed for potential heritage
value and listing. The “Liberty Plains: A History of Auburn NSW” book could support
this study area.
Should Council wish to proceed with this option a heritage consultant would be engaged
through an expression of interest (fee proposal) process. The fee proposals could be
sought in October 2016, with the study to commence in December 2016 and for
completion by May 2017.
Option 4 – Decline the Grant offer
Council may wish to decline the grant offer of $10,000 on the grounds that it is less than
3% of the estimated cost of a heritage study across the Cumberland LGA. The initial grant
offer of $25,000 would have been a more appropriate contribution towards such a study,
representing about 7% of the total expected cost.
If Council declines the Grant offer, Council then has the option to not undertake any of
the above described heritage studies, or to undertake a heritage study on its own terms,
timeframe and scope such as recommended in Option 1 for the Comprehensive
Cumberland LGA Heritage Study.
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Conclusion:
Holroyd City Council received an offer of Grant funding from the OEH towards a
comprehensive LGA Heritage Study. Under the conditions of the Grant allocation the
study is to be completed in May 2017. However since the application was lodged for the
Grant funding, Holroyd City Council has become part of Cumberland Council.
The information held on the Environmental Heritage Schedule under the Holroyd and
Auburn LEPs and in supporting reference material is dated. Other places may have
heritage values that warrant listing as items or conservation areas, and the development
occurring in the Cumberland LGA may place pressure on potential heritage items and
areas for redevelopment. Both the former Holroyd and the Auburn City Councils
recognised the need to update their respective heritage items information.
Four options have been identified on the potential way forward for a heritage study. A
comprehensive Heritage Study of the Cumberland LGA is proposed to be undertaken to
address the age of existing information and listings, noting the interest in redevelopment
across the LGA and to generally support the appropriate protection and management of
heritage items. A detailed precinct study for Westmead is proposed to be separately
undertaken that can be completed in the short term (therefore satisfying OEH
timeframes) and concurrent to the LGA study.
Consultation:
There are no immediate consultation processes for Council associated with this report. It
is noted that any potential listings identified through the studies would be the subject of
community consultation as part of an LEP (planning proposal) process.
Next Steps
Should Council resolve to accept the Grant offer towards a heritage study, officers will
negotiate the final terms of the funding allocation from the OEH, prepare the scope of
works for the study/studies to be undertaken, and subsequently to engage the
consultants to undertake the study/studies.
Should Council resolve to proceed with a comprehensive LGA heritage study, tender
documentation would be prepared and advertised to enable the successful consultants
to commence work in January 2017.
It is estimated that a Precinct Heritage Study or a Local (Record of Centre) Study would
involve an expenditure of about $20,000–$25,000, depending on the detailed scope of
work and the specific locations. Therefore, the existing allocation of the (former) Holroyd
City Council budget would be sufficient to complete the Precinct Study, and access the
potential payment of the Grant from the OEH.
It is estimated that a full Cumberland LGA Heritage Study would involve an expenditure of
about $350,000-$380,000 and would take approximately 15-18 months to complete,
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depending on the detailed scope of works, the quality of the existing (dated) information
for use within the new Study.
The former Holroyd City Council had allocated $200,000 towards a comprehensive
heritage study which is available in the current financial year. The former Auburn City
Council had no budget allocation for heritage studies.
Given that the works is expected to extend over a 15-18 month period, the additional
$180,000 funding required could be allocated within the future 2017/2018 budget.
It is noted that the funding allocated by the OEH would likely not be paid toward the
comprehensive LGA study – as the milestone conditions attached to the Grant would not
be met.
At this stage there are no policy implications for Council in undertaking a small or major
study of the environmental heritage of the LGA.
Any new items proposed for heritage listing, or the delisting of an item, under Schedule 5
of the LEP would be subject to a community consultation and LEP amendment (planning
proposal) process. This amendment may best be undertaken as part of the new
Comprehensive Cumberland LEP.
There are no immediate communications or publications implications associated with
this report.
The OEH has directed Council not to make any public announcements at this stage
regarding the offer of the heritage study grant funding. The OEH is to advise Council
when any such announcements may be made.
Council may wish to issue a media statement and place a notice on Councils webpage
and corporate newspaper page should the Comprehensive Cumberland LGA Heritage
Study be undertaken.
It is recommended that:
i)
Council accept the funding offer from OEH for a Precinct heritage study.
ii)
The Precinct heritage study be for the Westmead Precinct (per Option 2) with a
project budget of $25,000, to commence in December 2016 and be completed by
May 2017.
iii)
Council undertake a comprehensive Cumberland LGA Heritage Study (per
Option 1) that will update existing heritage inventories, assess and recommend
potential new sites for listing (with supporting inventory), and identify those items
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that may warrant delisting. This study would commence in January 2017 and be of
15-18 months’ duration.
iv)
Funding of $200,000 be allocated towards the comprehensive Cumberland LGA
heritage study in 2016/2017 and $180,000 be allocated in the following
2017/2018 financial year.
Attachments:
1.
2.
3.
4.
5.
Grant application submitted to Office of Environment & Heritage 16 December
2015
Original letter of offer from Office of Environment and Heritage 20 June 2016
Revised letter of offer from Office of Environment and Heritage 10 August 2016
Council Resolution at meeting 31 May 2011 (Report DCS13-11) - to undertake full
heritage study
Council Report and Resolution of meeting 17 December 2013 (Report DCS043-13)
- Strategic Planning Works Program
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T-2014-018 – Contract for the Provision of Facility
Management Services for the Ruth Everuss Aquatic Centre
Executive Officer:
File Number:
Peter Fitzgerald
T-2014-018
ACC - 2f.5.5.1 - Manage the Ruth Everuss Aquatic
Centre (REAC) redevelopment works
Summary:
Details are provided of the current status of the procurement contract to source a facility
manager / service provider for the Ruth Everuss Aquatic Centre (REAC) located at Wyatt
Park, Church Street, Lidcombe.
Report:
The Council at its meeting on 1 June, 2016 dealt with the tenders received for the
provision of facility management services for the Ruth Everuss Aquatic Centre (REAC)
and subsequently resolved as follows;
1.
Pursuant to Clause 178(1)(b) of the Local Government (General) Regulation 2005,
the Council decline to accept either of the tenders submitted for the Management
of the Facilities of Ruth Everuss Aquatic Centre (REAC) located at Wyatt Park,
Church Street, Lidcombe.
2.
The Council in accordance with Clause 178(3)(e) of that Regulation enter into
negotiations with the highest ranked tenderer, or if necessary with the other
tenderer in ranked order or another provider, with a view to entering into a contract
for the Management of the Facilities of Ruth Everuss Aquatic Centre (REAC).
3.
The Interim General Manager be delegated authority to undertake the negotiations
with tenderer(s) as per recommendation ii) and where best value for money cannot
be leveraged, Council enter into direct negotiations with other qualified groups in
the industry in order to finalise contractual arrangements and that the outcome of
negotiations be reported back to Council.
4.
Council not call fresh tenders as it has already conducted two tender processes for
this Contract, noting that the first two staged tender process was undertaken in
year 2014 where Council decided to re-advertise the Expressions of Interest to
attract additional responses from other potential operators and accordingly
another tender process was undertaken in year 2015, and Council considers that it
is more advantageous to negotiate as per the recommendation ii) above.
As a consequence of the Council’s determination, negotiations were pursued with
Belgravia Health & Leisure Group Pty Ltd with a view to identifying the optimal service
provisions that will best meet the Council’s needs in delivering the services to the
Community and pool users, conditional however on achieving the most advantageous
‘pricing and service’ structure for the duration of the contract. Consideration was also
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given to enabling a staged service provision for the first three years upon which based on
operational efficiency the service model would be re-evaluated.
Given the assumptions and risk sharing factored into the submission from Belgravia the
reasons why the formal tender from Belgravia Health & Leisure Group Pty Ltd could not
be accepted in its original format, i.e. the tender was not able to meet the Council’s total
requirements in full.
A summary of the project costs further to negotiation excluding GST is as follows:
YEAR 1
YEAR 2
YEAR 3
TOTAL
SUBSIDY REQUIRED ($738,223.00)
PRE NEGOTIATIONS
($449,015.00)
($308,131.00)
($1,495,369.00)
SUBSIDY REQUIRED ($514,280.58)
POST NEGOTIATIONS
($402,900.96)
($267,656.04)
($1,184,838.00)
Those negotiations also encompassed agreement on the critical non-price terms of the
contract including the proposed and availability of staff for the project and the KPIs for
the services.
i)
That the report be received and the information noted.
ii)
That the Council confirm the contractual arrangement and the agreed subsidy with
Belgravia Health & Leisure Group Pty Ltd for the supply of facility management
services for the Ruth Everuss Aquatic Centre for the three years as per the table
below exclusive of GST:
REQUIRED SUBSIDY
iii)
YEAR 1
YEAR 2
YEAR 3
TOTAL
($514,280.58)
($402,900.96)
($267,656.04)
($1,184,838.00)
That authority be given for the affixing of the Council’s Common Seal on any
documentation related to the contractual arrangement.
Attachments:
Nil
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T-2016-010 – Tender for Construction of Reflection Pool
Area Auburn Botanic Gardens
Executive Officer:
File Number:
Peter Fitzgerald
T-2016-010
2b.1.1.1 Maintain and upgrade existing open space
with the Auburn Botanical Gardens
Summary:
This report seeks to provide details of the current status of the procurement exercise
conducted for the T-2016-010 Construction of Reflection Pool Area Auburn Botanic
Gardens.
Report:
In June 2016, Council advertised a request for tender for the above mentioned
construction services. This advertisement was placed the Sydney Morning Herald and
NSW eTendering website which was closed on 29 July 2016 at 12:00pm.
Following a review of the Auburn Botanical gardens in January 2015, Council identified a
need to provide additional premium open space and amenity around the reflection pool
located within the gardens. In March 2016 Council commenced planning to upgrade the
space around the reflection pool and to incorporate areas of amenity which would
complement and increase the useability of the spaces within the gardens.
The upgrade includes:
-
Hard and soft landscaping finishes
Picnic shelters and BBQs
Upgrades to the reflection pools concrete shell
Enhanced lighting
The following two responses were received following Councils advertisement of the
works:
Business Name
Total fee (Inc GST)
Starcon Group Pty Ltd
$ 876,759.40
Citywide Service Solutions Pty Ltd
$ 671,947.71
In August 2016 Council staff commenced the evaluation of the submissions by Starcon
Pty Limited and Citywide Service Solutions Pty Ltd. The evaluation of these submissions
identified a lack of competition and disparity in price and a failure to meet Councils
requirements. As these tender submissions did not meet Council’s requirements in full
neither of them could be accepted.
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i)
Pursuant to Clauses 178(1)(b) and 178(3)(b) of the Local Government (General)
Regulation 2005, the Council decline to accept either of the tenders submitted for
the Construction of Reflection Pool Area Auburn Botanic Gardens.
ii)
In accordance with clause 167, 168 or 169, Council call fresh tenders based on
the same or different details, by public advertisement as there is potential to
attract additional responses from other interested organisations which would be
more advantageous to Council.
Attachments:
Nil
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Tender No. 001/2016– Tender for Air Conditioning and
Building Maintenance Services Upgrade
Executive Officer:
File Number:
Maxine Kenyon
001/2016 / T-2016-011
G6.3 Ensure all assets and infrastructure are
effectively maintained to industry and community
standards
Summary:
Information is provided on the Evaluation and Recommendation for Tender Number
001/2016 / T-2016-011 Air Conditioning and Building Maintenance Services Upgrade.
Report:
Council as part of the preventative maintenance programme identified the need to
upgrade the air-conditioning and the building maintenance services at Administration
Building at 16 Memorial Avenue Merrylands.
The
to:



works scheduled are in response to operational and comfort control issues relating
A/C units are past their economic life cycle
Existing controls are outdated
Excessive energy consumption.
Therefore Council through this request for tender sought a service provider to meet the
needs, quality standards and regulatory requirements.
Tender Process:
A Request for Tender (RFT) document detailing the requirements of the specification was
published along with supporting information in the Sydney Morning Herald on Tuesday
14 June 2016 and closed 2pm, 13 July 2016.
A total of seven responses were received from the following organisations: Coral Air
Conditioning Pty Ltd, Nu-Tech Air Conditioning Pty Ltd, Hi Flow Industries Projects Pty Ltd,
HSA Services Pty Ltd / HVAC Systems, Carter Consultancy Services and CBD Mechanical
/ Katopa Holdings Pty Ltd.
Evaluation of Proposals:
Proposals were evaluated by a panel of three staff members; Senior Project Coordinator,
Building Maintenance/ Construction Officer and Senior Contracts Officer using the Apet
Evaluation Systems. The panel members were also assisted by the Council’s Quantity
Surveyor and third party Financial and Performance service provider.
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The tender evaluation panel used information obtained from the response documents,
related correspondence and referees.
The evaluation was conducted according to the following standard process:
1.
2.
3.
4.
5.
Receipt of responses
Assessment of conformance of responses
Preliminary evaluation of responses
Detailed weighted evaluation of responses
Due diligence checks on preferred respondent including external financial and past
contract performance review by Corporate Score Card
Tender Assessment Evaluation and Recommendation:
This information is contained in the “Confidential” memorandum that has been
circulated under separate cover to the Interim Administrator and Executive Team only.
i)
That Council accept and proceed with the tender from Coral Air Conditioning Pty Ltd
for the Air Conditioning and Building Maintenance Services Upgrade for the final
tendered sum of $283,250 including GST.
ii)
That Council advise the unsuccessful tenderers of its decision.
Attachments:
1.
Confidential Memorandum - Tender Assessment Evaluation and Recommendation
for Air Conditioning and Building Maintenance Services Upgrade - T079347/2016
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Youth Achievement Program Application - NSW U13 Girls
Blues Hockey Team (Australian Championships)
Officer:
File Number:
Corporate and Community
Kathleen Meyer
HC-05-04-18/02
2.4.1 Manage the Range of Grant Funding Programs
Summary:
An application for financial assistance under the Youth Achievement Program has been
received from Ms Arzjah Hossain requesting a donation to assist with the costs
associated with competing in the NSW U13 Girls Blues Hockey Team- Australian
Championships to be held 29 September to 8 October, 2016.
Report:
An application for financial assistance under the Youth Achievement Program was
received from Ms Arzjah Hossain on 8 August 2016. Ms Hossain is 12 years old, lives in
Merrylands, and was selected to play for the NSW U13 Girls Blues Hockey Team at the
Australian Championships in Perth. She has requested $250 to assist with levy and
uniform costs associated with competing in the 2016 Australian Championships to be
held in Perth from 29 September to 8 October 2016.
Under the Youth Achievement Award Guidelines, financial assistance is available for
young people selected to represent the Cumberland community in areas of sporting,
cultural, academic or community service achievement. The following funding amounts
apply:
Type
representation
State
National
International
of Individual Amount Team Amount
$150
$250
$500
$200
$300
$550
Conclusion:
The Youth Achievement Program offers donations of up to $250 for individual eligible
applicants. This application meets the requirements of the Youth Achievement Program,
and the applicant has provided the necessary information. It is recommended that the
application be approved.
Consultation:
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report.
That $250 be donated under Council’s Youth Achievement Program to Ms Hossain to
assist with travel and uniform costs involved in competing in the 2016 Australian
Championships that will occur in September / October 2016.
Attachments:
Nil
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Youth Achievement Program Application - World
Association of Kickboxing Organisation (WAKO) Junior
World Championships
Officer:
File Number:
Kathleen Meyer
HC-05-04-18/02
Summary:
received from Ms Tamara d’Argent requesting a donation to assist with the costs
associated with competing in the 2016 World Association of Kickboxing Organisations
(WAKO) Junior World Championships which occurred 27 August 2016.
Report:
received from Ms Tamara d’Argent on 30 June 2016. Ms d’Argent is 12 years old, lives in
Greystanes and was selected to participate in the WAKO Australia Junior National Team
for the 2016 WAKO Junior World Championships in Dublin, Ireland. She has requested
$500 to assist with travel and accommodation costs associated with competing in the
WAKO Junior World Championships which occurred in August 2016.
apply:
Type
representation
State
National
International
$150
$250
$500
$200
$300
$550
Conclusion:
applicants competing at an International level. This application meets the requirements
of the Youth Achievement Program, and the applicant has provided the necessary
information. It is recommended that the application be approved.
Consultation:
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report.
That $500 be donated under Council’s Youth Achievement Program to Ms d’Argent to
assist with travel and accommodation costs involved in competing in the WAKO Junior
World Championships which occurred in August 2016.
Attachments:
Nil
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Youth Achievement Program Application - 2016 Inline
Hockey National Championships
Officer:
File Number:
Kathleen Meyer
HC-05-04-18/02
Summary:
An application for financial assistance under the Youth Achievement Program has been
received from Ms Alyona Khvostenko requesting a donation to assist with the costs
associated with competing in the 2016 Inline Hockey National Championship to be held
24 September to 1 October 2016.
Report:
received from Ms Alyona Khvostenko on 5 August 2016. Ms Khvostenko is 13 years old,
lives in South Wentworthville, and was selected to play for the South Australian Junior
Women’s team at the Inline Hockey National Championship in Victoria. Unfortunately the
New South Welsh team was unable to form this year due to a lack of players. She has
requested $250 to assist with team and uniform costs associated with competing in the
2016 Inline Hockey National Championship to be held in Victoria from 24 September to
1 October 2016.
apply:
Type
representation
State
National
International
$150
$250
$500
$200
$300
$550
Conclusion:
applicants competing at a National level. This application meets the requirements of the
Youth Achievement Program, and the applicant has provided the necessary information.
It is recommended that the application be approved.
Consultation:
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report.
That $250 be donated under Council’s Youth Achievement Program to Ms Alyona
Khvostenko to assist with travel and uniform costs involved in competing in the 2016
Inline Hockey National Championship that will occur in September 2016.
Attachments:
Nil
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Registration of Restriction on the Use of Land and Positive
Covenant on Various Development Sites
Executive Officer:
File Number:
Zulfi Khan
HC-10-03-5/05
6.3.2
Implement
floodplain
management
actions/plans
Summary:
Approval is sought to affix the Common Seal of Council on the Restriction on the Use of
Land and Positive Covenant relating to Stormwater Management systems.
Report:
A number of development sites require the provision of Stormwater Management
systems, which can include On-site Stormwater Detention (OSD), Pollution Control Device
(PCD), Overland Flowpath (OF), Compensatory Flood Storage (CFS), and Basement Pump
Out (PO) and Changed Line (CL) as a condition of consent/requirement. The sites are as
follows:
Development
Consent
/
Complying
Development
Certificate
Address
Stormwater
Management
(OSD, PCD, Lot and
PO, OF, CL)
Plan
2014/224
449/2013
2014/321/1
2013/163
OSD
OSD
OSD
OSD, PO
Lot 1, DP 1216102
Lot 215, DP 926
Lot 1, DP 1222003
Lot 1, DP 1037983
OSD
Lot 12, DP 1075418
OSD
OSD, OF
OSD
CL
Lot B, DP 435237
Lot 1, DP 513453
Lot 22, DP 225488
Lot 76, DP 27096
2013/511
2012/224
2015/265
2014/384
2015/5179
11-15 Robilliard Street, Mays Hill
3 Kimberley Street, Merrylands
45-47 Veron Street, Wentworthville
93-95 Sherwood Road, Merrylands
West
102 Kenyons Road, Merrylands
West
46 Kenyons Road, Merrylands West
31 Fairfield Road, Woodpark
1 Percy Street, Greystanes
77 Edna Avenue, Merrylands West
Deposited
In accordance with Circular No. 2010/10 issued by the NSW Government Land and
Property Information (August 2016), Council’s may delegate authority to sign dealings
and plans under S377 of the Local Government Act 1993. This report also seeks
Council’s consideration to delegate the authority to sign dealings and plans to the Deputy
General Manager, Environment and Infrastructure.
Conclusion:
As the systems are nearing completion, the owner of the properties listed above are
required to lodge a Restriction on the Use of Land and Positive Covenant with the
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Department of Lands NSW, to ensure protection and ongoing maintenance of the
systems.
Consultation:
report.
i)
That authority be delegated to the Deputy General Manager, Environment and
Infrastructure to sign the “Request Forms (13RPA & 13PC)” in respect of the
following properties and systems:
Development
Consent
/
Complying
Development
Certificate
Address
Stormwater
Management
(OSD, PCD, Lot and
PO, OF, CL)
Plan
2014/224
449/2013
2014/321/1
2013/163
OSD
OSD
OSD
OSD, PO
Lot 1, DP 1216102
Lot 215, DP 926
Lot 1, DP 1222003
Lot 1, DP 1037983
OSD
Lot 12, DP 1075418
OSD
OSD, OF
OSD
CL
Lot B, DP 435237
Lot 1, DP 513453
Lot 22, DP 225488
Lot 76, DP 27096
2013/511
2012/224
2015/265
2014/384
2015/5179
ii)
11-15 Robilliard Street, Mays Hill
3 Kimberley Street, Merrylands
45-47 Veron Street, Wentworthville
93-95 Sherwood Road, Merrylands
West
102 Kenyons Road, Merrylands
West
46 Kenyons Road, Merrylands West
31 Fairfield Road, Woodpark
1 Percy Street, Greystanes
77 Edna Avenue, Merrylands West
Deposited
That authority be delegated to the Deputy General Manager, Environment and
Infrastructure to sign all future plans and dealings of Council.
Attachments:
Nil
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Investment Portfolio Report – July 2016
Officer:
File Number:
Finance / Interim General Manager
Chief Financial Officer
A-05-01/05
ACC - 4b.1.2 - Apply prudent investment strategies
HCC - 19.1.1 - Manage Councils Investment Portfolio
Summary:
Report from the Chief Financial Officer providing an update on the performance of
Council’s combined and individual investment portfolios to 31 July 2016.
Report:
Executive Summary
Council’s combined cash investment portfolios for the 2016/17 financial year to 31 July
2016 generated $940,164 of interest revenue, which is $98,767 or 11.74% above the
combined budget estimate of $841,397.
The table below shows the actual interest earned by each of the portfolios:Column1
YTD ACT
YTD BUD
Variance
$
$
Auburn
387,574
387,064
510
0.13
Merrylands
552,590
454,333
98,257
21.63
940,164
841,397
98,767
11.74
Tot al
$
% Variance
%
For the financial year to date (May 13th to July 31st), the combined investment portfolio
returned 2.94%pa, exceeding the bank bill index benchmark’s 2.04%pa by 0.90%pa, a
44% increase.
Council anticipates a decreasing trend for the forth coming months in our portfolios’
returns, in line with the cash rate variation determined by the Reserve Bank of Australia.
However, Council has a well-diversified portfolio invested among a range of managed
funds, term deposits and fixed & floating rate bonds from highly rated Australian
Authorised Deposit-taking Institutions. It is therefore expected that Council will continue
to achieve above benchmark returns with prudent investment selection for its short and
long term holdings.
Introduction/Background
Clause 212 of the Local Government (General) Regulation requires that Council be
provided with a written report setting out details of all money that the Council has
invested under section 625 of the Local Government Act 1993 and certifying that these
investments have been made in accordance with the Act, regulations, Ministerial
Investment Orders and Council’s Investment Policy.
Cumberland Council
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Cumberland Council
Discussion
Investment Performance – Current period
For the month of July, Council combined investment portfolio generated interest earnings
of $390,891 which is $42,684 or 12.26% higher than the budget estimate of $348,891
as detailed in the table below:
Column1
MTD ACT
MTD BUD
Variance
% Variance
$
$
$
%
Auburn
145,601
169,166 -
23,565 -
13.93
Merrylands
245,290
179,041
66,249
37.00
3 90,891
348,207
42,684
12.26
Tot al
Collateralised Debt Obligation (CDO) Liquidator Claim Settlements
To date Council has received a total of $1,499,993 in relation to the former Auburn City
Council past holdings of Lehman Brother’s CDOs. We are expecting further final dividend
of $185,415. This will bring our total expected recovery from this claim to $1,661,678,
against the original Investment of $1,500,000. The ability to receive compensation and
dividends was based on Council ability to prove our case and to be accepted as a Claims
Resolution Process claimant. This is a great outcome for Cumberland Council and further
advice on how Council will use the funds will be notified in due course.
Portfolio Value
Council’s combined investment portfolio, as at 31 July 2016, has a current market value
of $142,549,607 which represents a premium of $1,507,176 above the face value of
portfolio $141,042,431 and generates a 3.0523% average purchase yield.
The table below provides a summary by Asset type as at 31 July 2016.
By Asset Type
Face Value
($)
Bonds
2,065,080
Cash
8,556,038
Current Value
($)
2,161,824
8,556,038
Current Yield
(%)
6.6447
1.5109
Floating Rate Note
27,000,000
27,065,323
3.1942
Managed Funds
11,441,314
11,441,314
3.0514
Term Deposit
91,980,000
93,325,109
3.0734
141,042,431
142,549,607
3.0523
Total Cash Assets
By Portfolio
Auburn
Face Value
($)
52,057,768
Cumberland Council
Current Value
($)
52,538,711
% of Portfolio
(%)
37
Page 56
087/16
Merrylands*
Total
Cumberland Council
88,984,663
90,010,896
63
141,042,431
142,549,607
100
* Includes $25 million amalgamation grant received from the State government.
Analysis
Attached to this report are the Investment Summary Reports for Cumberland Council
prepared by Council’s independent financial advisor, Prudential Investment Services
Corp, for the period ended 31 July 2016.
Certification – Responsible Accounting Officer
I hereby certify that the investments listed above have been made in accordance with
Section 625 of the Local Government Act 1993, Clause 212 of the Local Government
(General) Regulation 2005 and Council’s Investments Policy.
Recommendation:
That Council receive this report and note that all investments have been made in
accordance with the requirements of section 625 of the Local Government Act 1993 and
directions from the Minister for Local Government, including Ministerial Investment
Orders and Council’s Investment Policy.
Attachments:
1.
Consolidated Summary of Investment report as at 31 July 2016 Auburn Branch
Summary of Investment report as at 31 July 2016 Merrylands Branch Summary of
Investment Report as at 31 July 2016
Cumberland Council
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Cumberland Council
Petition to the Administrator, Cumberland Council
Redevelopment in James Street, Guildford regarding
stormwater easement through Princes Street properties
Executive Officer:
File Number:
Patricia Krzeminski
HC-06-10-8
and community
Summary:
The purpose of this report is to present a petition to the Administrator regarding the
redevelopment in James Street, Guildford.
Report:
On 18 August 2016, Cumberland Council received a petition addressed to the
Administrator from the home owners in Princes Street, Guildford. The petition relates to
future redevelopment in James Street, Guildford regarding stormwater easement through
Princes Street properties.
The petition does not relate to a specific development application and is recommended
to be referred to the Deputy General Manager, Development, Environment and
Infrastructure for any future appropriate action by engineering staff.
The prayer of the petition is as follows:
“Petition to the Administrator Cumberland Council from home owners Princes St,
Guildford. Redevelopment in James Street, Guildford, regarding stormwater
easement through Princes Street properties.”
The content of the petition is as follows:
“We the Princes Street home owners ‘object’ to running stormwater easements
from James St duplexes or such development through our properties for the
following reasons.
We already have a stormwater problem as our blocks don’t drain to the street but
to Council’s easement which runs from Edward St under front yards then coming
back to the street outside 85 Princes St. During very heavy rain this easement
doesn’t cope as it once did and we regularly experience water rushing into our
yards from upstream as the easement exceeds capacity.
Having all the extra stormwater piped from James St to Princes St poses an
unacceptable risk to flooding of Princes St properties during severe weather
events, which are occurring more regularly over recent years.
Cumberland Council
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Cumberland Council
If the Council goes ahead and insists that these James St properties must drain to
Princes St knowing the ‘increased flood risk’ to Princes St residents, Council will
not be exempt from liability and will lose it’s good faith exemption from liability
under Section 733 of the Local Government Act. Will the Council cover any
damage to the properties in Princes St? Council has a duty of care to not allow
stormwater from James Street to be discharged into the stormwater easement that
runs through our properties as it was never designed to take stormwater from
James Street and will fail, causing damage and flooding to our properties. The
carrying capacity of the easement is already regularly exceeded during heavy rain.
Council must not knowingly require James Street development to discharge into
the Princes Street easement knowing that its capacity will be exceeded.
As these blocks in Princes St area quite narrow, an easement running from rear to
front of our properties would render them unviable to build a duplex, therefore
extinguish Council’s strategy for medium density development on these blocks. To
maximise site development and achieve Council’s density if we propose to
amalgamate size to maximise development potential an easement in centre of
development site will jeopardize potential.
Cost of running these easements through to Princes St will be prohibitive. To
negotiate through yards with concrete driveways, garages, carports, sewer,
stormwater, trees and gardens etc. Add the cost of restoring these yards and
compensation payable for inconvenience and loss of value of property.
Having brought all of these negatives to your attention we are however not against
this type of development and suggest there is a simple answer – allow James St
development to pump stormwater back to James Street – a win for all parties
involved.”
In accordance with Section B6.3 of Council’s Code of Meeting Practice:
“(5) Where a petition has been placed on an agenda, the prayer (purpose) of the
petition will be recorded together with the number of signatures recorded.”
It is noted that the petition attracted 13 signatures.
Consultation:
Cumberland Council
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Cumberland Council
There are no communication / publication issues for Council associated with this report.
i)
That the petition to the Administrator Cumberland Council from home owners of
Princes Street, Guildford - Redevelopment in James Street, Guildford, regarding
stormwater easement through Princes Street properties noting 13 signatures be
received.
ii)
That the matter be referred to the Deputy General Manager, Environment and
Infrastructure for appropriate action.
Attachments:
Nil
Cumberland Council
Page 60

Agenda - Cumberland Council

Transcription

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