Agenda of Burwood Council Meeting - Tuesday, 11 February 2025

Council Meeting 11 February 2025

(Item 3/25) Operational Land Classification of certain Council Owned Land

File No: 24/20102

Report by Director City Strategy

Summary

This report seeks Council’s endorsement to commence a Planning Proposal process under the Environmental Planning and Assessment Act 1979 to update the provisions of Burwood Local Environmental Plan 2012 (BLEP), to include additional permitted uses and accurately reclassify and list certain Council-owned public land from Community Land to Operational Land under the Local Government Act 1993 (LG Act). This update will not alter the current use or operational practice of each site but rectify any historical anomalies in land use and land classifications.

Operational Plan Objective

A.102 Comply with financial management responsibilities to promote transparency and accountability.

A.104 Manage Council’s property portfolio to optimise financial returns from Council-owned properties.

C.5 Public and open spaces are high quality, welcoming, accessible, shaded, enjoyable places seamlessly connected with their surroundings

C.9 Safe, clean and activated streets, centres and public places are enjoyed by people day and night

C.10 A well-informed community active in civic life, local planning and decision making

C.11 Effective, innovative and collaborative leadership is underpinned by open, transparent and responsible governance

Background

Under the Local Government Act 1993 (LG Act), all Council-owned public land must be classified as either Community Land or Operational Land, which determines how the land is to be managed.

Community Land is intended for public use, such as parks, reserves, sportsgrounds, and bushland. It cannot be sold and requires a Plan of Management. Leases over 21 years need Ministerial consent. Some land must remain public and community land due to legal obligations like trust deeds or previous dedications.

Operational Land is used for Council functions such as offices, depots, car parks, or commercial investments. It may also be held as a temporary asset and can be developed, leased, or sold as needed.

Public land is classified through either an LEP or Council resolution. If land remains unclassified for three months after acquisition, it defaults to Community Land.

Land classification distinguishes public-use land from land that can be managed more freely. To change a Community Land classification, Council must amend the Burwood Local Environmental Plan 2012 (BLEP), including public exhibition and a hearing.

In compliance with Ministerial Directions for Local Planning Panels, the proposal was reviewed by the Burwood Local Planning Panel in November 2024 in order to provide advice as necessary to the Council.

Proposal

This report proposes updating the Burwood Local Environmental Plan 2012 (BLEP) through a Planning Proposal under the Environmental Planning and Assessment Act 1979 (EPA Act) to accurately reclassify certain Council-owned public land from Community Land to Operational Land under the Local Government Act 1993 (LG Act) in addition to updating land use permissibility.

The reclassification will be carried out by amending the BLEP through the local plan-making process under the EPA Act while ensuring compliance with the LG Act's public land management requirements.

The Planning Proposal is proposed to include:

A. Reclassification of Items 1-16, 18-27, 29 & 31 below as ‘Operational Land’ under the LG Act and list these sites under Schedule 4; Part 1 of BLEP as Land classified, or reclassified, as operational land – no interests changed.

B. Reclassification of Items 17, 28 & 30 below as ‘Operational Land’ under the LG Act and list these sites under Schedule 4; Part 1 of BLEP for the purposes of subdividing the land.

Once the land is subdivided, the community land part of the site will return to a classification of Community via a separate report to Council, and the Operational part of the site will continue to be classified as Operational. The relevant items are identified as follows:

· Item 17, Unity Place;

· Item 28, 39 Minna Street and Jackson Reserve; and

· Item 30, Woodstock Park.

C. Inclusion of additional Permitted Uses of Items 3, 6, 13, 18 & 26 under the Planning Proposal to amend Schedule 1, Additional Permitted Uses, of the Burwood LEP, as the use of the land for its current use and purpose is not permitted under the current zone of the land. The relevant items are identified as follows:

· Item 3, Beresford Car Park, 50 Beresford Avenue, Croydon Park to include an additional permitted ‘car park’ land use;

· Item 6, Council Depot, 8 Kingsbury Street, Croydon Park to include an additional permitted ‘depot’ land use;

· Item 13, Fitzroy Street Car Park, 1a Fitzroy Street, Burwood to include an additional permitted ‘car park’ land use;

· Item 18, Meryla Street Car Park, 33-35 Meryla Street, Burwood to include an additional permitted ‘car park’ land use; and

· Item 26, 41 Brighton Street, Croydon to include an additional permitted ‘dwelling’ land use.

This update will not alter current use or operational practice but rectify any historical anomalies in land classifications under Council’s Environmental Planning Instrument.

Items Details

Details of each site proposed to be classified as “Operational” is provided below.

Item 1	Angelo Street Car Park
Address	133 Liverpool Road, Burwood
Title	Lot 1 DP 1135151
Zoning	Local Centre E1
Land Use	Car Park
Description	133 Liverpool Road is a carpark to the side of Angelo Street with access to the bays directly off Angelo Street. As the carpark is in operational use it is appropriate to classify it as operational land.
The land was acquired by Council in 1970 and has been used as a car park ever since. The car park has a 2-hour daytime parking restriction and no fee is charged for its use. The land is not leased and is not a public reserve. There are no development approval records available, however the use of land as a car park is permitted with consent in the E1 zone. It has been used as a car park since prior to the Burwood LEP commencing in 2012.

Item 2	Land adjoining rear of 10 Luke Avenue
Address	Portion adjoining rear of 10 Luke Avenue
Title	N/A
Zoning	Road reserve
Land Use	Car Park
Description	Part of road reserve on Bennett Street, adjoining rear of Lot 13 in DP 1215985. This end of Bennett Street appears as a road reserve connecting to Parramatta Road.
The portion of land adjoining the eastern boundary of 10 Luke Avenue is believed to have been acquired by Council in the past for the purpose of establishing a right of way or easement. While specific acquisition details are not available in current records, the land's configuration and use are consistent with Council's historical practices of securing access and connectivity within the local area. It is likely that Council acquired this land through standard local government acquisition processes, potentially including purchase, subdivision, or dedication, with the intent of facilitating public access or utilities. The exact date and method of acquisition are uncertain due to incomplete historical records. However, Council has exercised ownership and management responsibilities over this land for an extended period, as evidenced by its continued use as a public right of way/easement. No development approval records are available for this land parcel, which is consistent with its apparent purpose as a right of way or easement.

Item 3	Beresford Car Park
Address	50 Beresford Avenue, Croydon Park
Title	Lot 1 DP 624841
Zoning	Low Density Residential R2
Land Use	Car Park
Description	50 Beresford Avenue is a small carpark of approx. 13 bays accessed off the laneway that runs parallel to Georges River Road. As the carpark is in operational use it is appropriate to classify it as operational land.
The land appears to have been acquired by Council in 1979 and has been used as a car park ever since. The car park has a 2-hour daytime parking restriction and no fee is charged for its use. The land is not leased and is not a public reserve. There are no development approval records available. A car park is a prohibited land use in the R2 zone and it is proposed to include the land in Schedule 1 of the LEP, Additional Permitted Uses. It has been used as a car park since before the Burwood LEP commenced in 2012.

Item 4	Byer Street Car Park
Address	3B-5 Byer St, Enfield
Title	Lot 12 DP 11302, Lots 1-2 DP 305673
Zoning	Local Centre E1
Land Use	Car Park
Description	The Byer Street Car Park is a triangular shaped car park accessed off Byer Street. As the carpark is in operational use it is appropriate to classify it as operational land.
The land was acquired by Council in 1975 and has been used as a car park ever since. The car park has a 2-hour daytime parking restriction and no fee is charged for its use. The land is not leased and is not a public reserve. There are no development approval records available, however the use of land as a car park is permitted with consent in the E1 zone. It has been used as a car park since before the Burwood LEP commenced in 2012.

Item 5	Land at 34 Cobden Street
Address	34 Cobden Street, Enfield
Title	Lot 5 DP 554097
Zoning	Low Density Residential R2
Land Use	Road and Park
Description	The land at 34 Cobden Street, Enfield, is partially used for a road and partially as a small pocket park. The main use of the land is for road transport which is an operational use. As such it is appropriate to classify it as operational land.
The land was acquired by Council in 1971 and has been used as a road and park ever since. The land is not leased and is not a public reserve. The use of land as for ‘road’ is permitted without consent and a ‘Park’ is permitted with consent in the R2 zone. It has been used for these purposes since before the Burwood LEP commenced in 2012.

Item 6	Council Operations Centre (Depot)
Address	8 Kingsbury Street, Croydon Park
Title	Lot 1 DP 228032
Zoning	General Residential R1
Land Use	Depot
Description	The land at 8 Kingsbury Street, Croydon Park is used as Council’s Operations Centre (Council Depot). As the Depot is in operational use it is appropriate to classify it as operational land.
Council records indicate that this parcel of land, which serves as a Council depot, was acquired in 1965 to support Council operations. The presence of a mortgagee on the Certificate of Title suggests that the acquisition likely involved a purchase, possibly financed through a mortgage. While the exact details of the transaction are not fully available in Council's current records, the acquisition of this depot aligns with the period of expansion in local government services and infrastructure in the mid-1960s. The decision to acquire this property demonstrates Council's forward-thinking approach to establishing necessary facilities for its growing operational needs. Since its acquisition in 1965, Council has maintained continuous ownership and use of this land for nearly six decades, utilising it as a crucial depot to support various Council functions and services. This depot has played a vital role in Council's ability to efficiently manage its operations and deliver services to the community. The long-term use of this property as a Council depot underscores its importance in Council's operational infrastructure and highlights Council's commitment to maintaining essential facilities for effective local governance. The land is not leased and is not a public reserve. There are no development approval records available. A Depot is a prohibited land use in the R1 zone and it is proposed to include the land in Schedule 1 of the LEP, Additional Permitted Uses. It has been used as a depot since before the Burwood LEP commenced in 2012.

Item 7	Burleigh Street Dwellings
Address	6, 12, 14, 16, 18, 20, 22 Burleigh Street, Burwood
Title	Lot 1 DP 205162, Lots 1 – 6 DP 202437
Zoning	Mixed Use MU1
Land Use	Single Dwellings
Description	6 and 12-22 Burleigh Street are seven terrace houses used for residential purposes. 12-22 Burleigh Street is a heritage item in the LEP as Victorian Terraces.
The properties located at 6, 12, 14, 16, 18, 20, and 22 Burleigh Street, Burwood, comprising Lot 1 DP 205162 and Lots 1 - 6 DP 202437, were acquired by Council at various times as part of its long-term strategic vision for the area. These terraced properties were individually purchased over a period of time, reflecting Council's forward-thinking approach to land assembly for future community needs. The acquisitions of these properties occurred progressively between 1976 – 2023. The strategic nature of these purchases indicates a deliberate and planned approach by Council to secure key sites within the Burwood area. The properties were acquired through direct purchases from private owners, aligning with Council's practice of strategically obtaining land to support future community development and urban planning objectives. This approach allowed Council to gradually assemble a significant land holding in a key location, providing flexibility for future use and development in line with evolving community needs. Currently, only three of these terraces remain leased due to the dilapidated state of the buildings. The remaining properties require significant capital investment to remediate their condition, making them unsuitable for use. As a result, Council proposes to reclassify these properties as operational land. This reclassification will enable Council to develop a long-term masterplan for the entire precinct, allowing for a comprehensive approach to revitalisation and future development that aligns with Council's strategic vision. The proposed reclassification to operational land will provide Council with the necessary flexibility to address the significant remediation needs of these properties and to explore various options for their future use. This approach will ensure that these valuable assets can be effectively utilised to meet the evolving needs of the Burwood community. Council's decision to seek reclassification demonstrates its commitment to responsible asset management and its dedication to realising the long-term strategic vision for this important precinct in Burwood. As the premises are and intend to be an operational use it is appropriate to classify it as operational land.

Item 8	Elizabeth Street Car Park
Address	5-11 Elizabeth Street, 18B Railway Parade and 8-10 Burleigh Street, Burwood
Title	Lot 1 DP 574391 Lot 2 DP 205162 Lots A & B DP420885 Lot 3 DP 511953 Lots A & B DP321515 Lot 1 DP 305065
Zoning	Mixed Use MU1
Land Use	Car Park
Description	The Elizabeth Street Car Park is a town centre car park located behind buildings fronting Railway Parade and accessed off Burleigh and Elizabeth Streets As the carpark is in operational use it is appropriate to classify it as operational land.
The properties located at 5-11 Elizabeth Street and 8-10 Burleigh Street, were acquired by Council at various times as part of its long-term strategic vision for the area. These properties were individually purchased over a period of time, reflecting Council's forward-thinking approach to land assembly for future community needs. The acquisitions of these properties occurred progressively between 1976 – 2023. The strategic nature of these purchases indicates a deliberate and planned approach by Council to secure key sites within the Burwood area. The properties were acquired through direct purchases from private owners, aligning with Council's practice of strategically obtaining land to support future community development and urban planning objectives. This approach allowed Council to gradually assemble a significant land holding in a key location, providing flexibility for future use and development in line with evolving community needs. Council's decision to seek reclassification demonstrates its commitment to responsible asset management and its dedication to realising the long-term strategic vision for this important precinct in Burwood. The land is not leased and is not a public reserve. There are no development approval records available, however the use of land as a car park is permitted with consent in the MU1 zone. It has been used as a car park since before the Burwood LEP commenced in 2012.

Item 9	Elsie Street Shops
Address	Shops C1a, C1b, C2 and C3 Elsie Street, Burwood
Title	Lot 11 DP 1142160
Zoning	Mixed Use MU1
Land Use	Shops
Description	These sites are ground floor shops leased to tenants. As the shops are in operational use it is appropriate to classify them as operational land.
The land was acquired by Council in 2009 and has been used for shops and offices since the building was constructed in 2009 (DA379/2001). The shops are leased to tenants on standard commercial leases, and is not a public reserve. Consent for the development was issued in 2001, however the use of land as a shop is permitted with consent in the MU1 zone.

Item 10	Elsie Street Lot 15
Address	Elsie Street Suite1 Level 2, part Level B3, Shop C9 & loading dock car spaces
Title	Lot 15 DP 1177555
Zoning	Mixed Use MU1
Land Use	Office, Shop, Car Park
Description	These sites are shops, offices leased to tenants, and a loading dock with two car spaces As the uses are operational uses it is appropriate to classify them as operational land.
The land was acquired by Council in 2009 and has been used for shops and offices since the building was constructed in 2009 (DA379/2001). The shops are leased to tenants on standard commercial leases, and is not a public reserve. Consent for the development was issued in 2001, however the use of land as a shop is permitted with consent in the MU1 zone.

Item 11	George Street Car Park
Address	1-17 Elsie St, Burwood
Title	Lot 13 DP 1142160
Zoning	Mixed Use MU1
Land Use	Car Park
Description	The George Street Car Park is a town centre car park located in the basement of 1-17 Elsie Street, accessed off George Street. As the carpark is an operational use it is appropriate to classify it as operational land.
The land was acquired by Council in 2009 and has been used as a car park since the building was constructed in 2009 (DA379/2001). The land is not leased and is not a public reserve. Consent for the development was issued in 2001, however the use of land as a car park is permitted with consent in the MU1 zone.

Item 12	Elsie Street Loading Dock and George Street Community Centre
Address	1-17 Elsie St, Burwood
Title	Lot 33 SP 93494
Zoning	Mixed Use MU1
Land Use	Car Park
Description	The Elsie Street Loading Dock and associated Car Park is located in the basement of 1-17 Elsie Street, accessed off George Street. As the loading dock and carpark is an operational use it is appropriate to classify it as operational land.
The land was acquired by Council in 2009 and has been used as a car park since the building was constructed in 2009 (DA379/2001). The land is not leased and is not a public reserve. Consent for the development was issued in 2001, however the use of land as a car park and a community centre is permitted with consent in the MU1 zone.

Item 13	Fitzroy Street Car Park
Address	1a Fitzroy St, Burwood (adjacent to Reed Reserve).
Title	Lots 1 and 2 DP 8973
Zoning	Low Density Residential (R2)
Land Use	Car Park
Description	These lots form part of the Fitzroy Street Car Park in Croydon Town Centre. As the carpark is an operational use it is appropriate to classify it as operational land.
The Fitzroy Street Car Park was acquired by Council in the 1970s as part of a strategic initiative to provide public parking facilities in the area. While specific development approval records are not available, the site has been continuously used as a car park since acquisition, and has a 2-hour daytime parking restriction and no fee is charged for its use. This long-standing use predates the current Burwood Local Environmental Plan 2012 and is consistent with the site's current zoning. The land is not leased and is not a public reserve.

Item 14	462a Georges River Road
Address	462A (Rear) Georges River Rd, Croydon Park
Title	Lot 2 in DP 1125122
Zoning	General Residential (R1)
Land Use	Municipal Purposes
Description	The land behind the childcare centre is currently used for Council operational purposes (Storage) As the storage is an operational use it is appropriate to classify the site as operational land.
The property at 462a Georges River Road, Croydon Park, is currently utilised for Council operational purposes. Historical records and the Certificate of Title suggest that this parcel was originally part of a larger land holding at 462 Georges River Road. It appears that Council subdivided the original property, selling off the front portion which has since been redeveloped into a day care facility. The retained rear portion, now known as 462a Georges River Road, was kept for Council use and is bound by various easements and rights of way, likely established during the subdivision process to ensure access and utilities for both the sold and retained portions of land. While the exact date of the subdivision and partial sale is unknown, this strategic land management decision by Council demonstrates its ability to balance community needs with operational requirements. By retaining a portion of the original property for Council operations while allowing development on another portion, Council has efficiently utilised its land assets. The current use of 462a Georges River Road for Council operational purposes underscores its ongoing importance to Council's service delivery capabilities. The easements and rights of way associated with the property reflect the complex nature of urban land use and the need for careful planning in land subdivision and repurposing. Council has maintained ownership and management of this operational land since the subdivision, adapting its use to meet evolving Council needs while ensuring continued access and functionality through the established easements and rights of way.

Item 15	45 Heydon Street
Address	45 Heydon St, Enfield
Title	Lot 121 DP 456968 and Lot 120 DP 456968
Zoning	Low Density Residential (R2)
Land Use	Road and Footpath
Description	The land at 45 Heydon Street, Enfield is used for road purposes. The main use of the land is for road transport which is an operational use it is appropriate to classify it as operational land.
Acquired by Council in 1974, this land has been consistently utilised as part of the local road network. Its use as a road is permissible without consent under the current R2 zoning, reflecting its ongoing importance in local traffic management and connectivity. The land is not leased and is not a public reserve. It has been used for these purposes since before the Burwood LEP commenced in 2012.

Item 16	Council Chambers, Customer Service & Library
Address	2-4 Conder St, Burwood
Title	Lot 1 DP 1252835
Zoning	Mixed Use MU1
Land Use	Office, Shop, Library, Community Facility
Description	These community and office uses within the Council Administration Centre. As shops and offices an operational uses it is appropriate to classify them as operational land.
2-4 Conder Street, Burwood (Lot 1 DP 1252835) encompasses the original Council Chambers, a heritage-listed building that still accommodates the Mayor, Councillors, and some administrative staff. This significant site has evolved to meet changing community needs, with a modern extension to the rear housing Council's customer service center, library, and various community facilities. In 2020, the site underwent substantial upgrades, further enhancing its functionality and amenities. The property serves multiple operational functions, including civic administration, community services, and public amenities. A licensed coffee cart operates on the premises, enhancing visitor amenities. Additionally, the site includes a paid public car park that supports access to these essential community facilities. Council actively manages this multi-faceted property to maintain its heritage values while ensuring it continues to meet contemporary operational and community service needs. The 2020 upgrades demonstrate Council's commitment to ongoing improvement and adaptation of the site. Regular maintenance, service assessments, and strategic planning are undertaken to optimise the site's diverse uses and preserve its importance as a civic and community hub. Furthermore, Council is in the process of delivering an art and cultural centre with underground parking within the current carpark location. This development will significantly enhance the precinct and community amenity. Classifying the land as operational will provide Council with the necessary flexibility to further activate and enhance the site, ensuring it continues to evolve and meet the dynamic needs of the Burwood community.

Item 17	Unity Place (Part)
Address	Hornsey St, Burwood
Title	Lot 105 DP1258893
Zoning	Mixed Use MU1
Land Use	Council administration, retail and commercial, civic domain, community facility
Description	These community and office uses within the Council Administration Centre. As shops and offices an operational uses it is appropriate to classify them as operational land.
Formerly known as Hornsey Street, this area was renamed Unity Place in 2021. The site is subject to a specific Plan of Management which outlines its intended future reclassification to operational land, supporting Council's long-term strategic planning for the precinct The Conder Street and (formerly) Hornsey Street, Burwood location, now known as Unity Place is widely considered the historic and ‘spiritual’ home of Burwood Council and recognised as the hub of community related activities. Unity Place has allowed Council to achieve its identified strategic objectives through the creation of a modern and industry leading Civic Centre capable of simultaneously hosting Council’s administration, library, community and customer service functions at 2 and 8 Conder Street, Burwood. The co-location of various services in a modern, easily accessible and well connected facility has generated multiple synergies and opened up innumerable opportunities to increase service levels and activate adjoining public spaces. The spaces within Lot 105 in DP1258893 of the 39-47 Belmore Street, 6-14 Conder Street and Wynne Avenue, Burwood site, is now addressed as 8 Conder Street and 49 Belmore Street, Burwood and known in its entirety as Unity Place (formerly Hornsey Street, Burwood).

Item 18	Meryla Street Car Park
Address	33-35 Meryla St, Burwood
Title	Lots 58 & 57 DP 7805
Zoning	Low Density Residential (R2)
Land Use	Car Park
Description	33-35 Meryla Street is a small town centre carpark. As the carpark is an operational use it is appropriate to classify it as operational land.
The Meryla Street Car Park has been a long-standing public parking facility in the area, since its acquisition in 1977. Its continuous use as a car park predates the current LEP. The proposed inclusion in Schedule 1 of the LEP will formalise its permissibility in the R2 zone, reflecting its established and ongoing use. The land is not leased and is not a public reserve. There are no development approval records available.

Item 19	Murphys Lane
Address	17a Wright St, Croydon
Title	Lot 101 DP 873782
Zoning	Low Density Residential (R2)
Land Use	Footpath
Description	This narrow strip of land is a footpath to the side of Murphys lane. As the footpath is an operational use it is appropriate to classify the land as operational land.
This land serves as an important pedestrian link, providing access to adjacent properties. Its function as a public footpath is consistent with Council's objectives for local connectivity and aligns with permissible uses in the R2 zone. The footpath leads to the common property for the dwellings to the north. The area of the land is approx. 17sqm. The land is not leased, and is not a public reserve.

Item 20	Parnell Street Car Park
Address	1-7 Parnell St, Strathfield
Title	Lot 1 DP 189327, Lot 26 DP83935 & Lot 2 DP 1099132
Zoning	Mixed Use MU1
Land Use	Car Park
Description	1-7 Parnell Street is a small triangular car park between Parnell Street and the railway reserve. As the carpark is an operational use it is appropriate to classify it as operational land.
The land was acquired by Council in 1964 and has been used as a car park ever since. The car park has a 10-hour daytime parking restriction and fees are payable and continues to support the parking needs of the surrounding mixed-use area The land is not leased and is not a public reserve. There are no development approval records available, however the use of land as a car park is permitted with consent in the MU1 zone. It has been used as a car park since before the Burwood LEP commenced in 2012.

Item 21	Railway Square
Address	1a Railway Pde Burwood
Title	Lot 2309 DP 1134547
Zoning	Mixed Use MU1
Land Use	Open Space and Shop
Description	Railway Square is a piece of land located between the railway and Railway Parade. A shop is located within the former goods office on the site. As the shop is an operational use it is appropriate to classify as operational land.
The land consist of a railway post office building which is leased to tenants on standard commercial leases, and the land is not a public reserve. Railway Square serves dual purposes as public open space and a commercial venue. The shop within the former goods office has relevant approvals and its use is permissible under the current zoning. This multi-functional space contributes to the vibrancy and amenity of the local area

Item 22	Seymour Street Car Park
Address	62 Seymour Street, Croydon Park
Title	Lot 10 DP 1901
Zoning	Local Centre E1
Land Use	Car Park
Description	62 Seymour Street is a 16-bay carpark to the rear of buildings that front Georges River Road, with access to the car park off Seymour Street. As the carpark is an operational use it is appropriate to classify it as operational land.
This car park has been a long-standing feature of the local area, supporting nearby businesses and residents. Its use is consistent with the E1 zoning and continues to play a vital role in local parking provision. The land is not leased and is not a public reserve. It has been used as a car park since prior to the Burwood LEP commencing in 2012.

Item 23	Tangarra Street Car Park
Address	12 Tangarra St, Croydon Park
Title	Lot 1 DP 580519
Zoning	Local Centre E1
Land Use	Car Park
Description	12 Tangarra Street is a carpark to the side of Tavistock Street with access to the bays directly off Tavistock Street. As the carpark is an operational use it is appropriate to classify it as operational land.
The Tangarra Street Car Park has provided important parking facilities for the local community for many years. Its ongoing use as a car park is consistent with the current E1 zoning and local planning objectives. The land is not leased and is not a public reserve. There are no development approval records available. It has been used as a car park since prior to the Burwood LEP commencing in 2012.

Item 24	Victoria Street
Address	65a Victoria St, Burwood
Title	Lot B 370257
Zoning	Mixed Use (MU1)
Land Use	Car Park
Description	65a Victoria Street is a parcel of land used for a road and a footpath. The main use of the land is for road transport which is an operational use it is appropriate to classify it as operational land.
This land forms an integral part of the local road network, serving both vehicular and pedestrian traffic. Its use as a road and footpath is consistent with the MU1 zoning and supports local connectivity and accessibility. The land is not leased and is not a public reserve. The use of land as for ‘roads’ is permitted without consent in the MU1 zone. It has been used for these purposes since before the Burwood LEP commenced in 2012.

Item 25	Wynne Avenue Car Park
Address	27-31 Belmore St Burwood
Title	Lot 6 SP 91971B
Zoning	Mixed Use MU1
Land Use	Car Park
Description	The Wynne Avenue Car park is a car park in the basement of 27-31 Belmore Street, accessed off Wynne Avenue. As the carpark is an operational use it is appropriate to classify it as operational land.
The land was acquired by Council in 2019 and has been used as a car park ever since. The car park has a 10-hour daytime parking restriction and fees are payable. The land is not leased and is not a public reserve. The Wynne Avenue Car Park is a key piece of parking infrastructure in the area. While specific approval details are not available, its use is consistent with the current MU1 zoning and continues to meet local parking needs.

Item 26	41 Brighton Street
Address	41 Brighton St, Croydon
Title	Lot 2 DP 304375 (subject to Sydney Water easement)
Zoning	Public Recreation (RE1)
Land Use	Dwelling
Description	41 Brighton Street is a residential dwelling. As the residential dwelling is an operational use it is appropriate to classify it as operational land.
This property, while zoned RE1, has historically been used for residential purposes since its acquisition in 1975. The proposed inclusion in Schedule 1 of the LEP aims to regularise this long-standing use while maintaining Council's flexibility for future planning in the area. The land has been treated as community land and a Plan of Management exists for the land. The land is leased under a standard residential lease arrangement, and the land is not a public reserve. There are no development approval records available. A dwelling is a prohibited land use in the RE1 zone and it is proposed to include the land in Schedule 1 of the LEP, Additional Permitted Uses.

Item 27	43 Brighton Street
Address	43 Brighton St, Croydon
Title	Lot 13 DP 18849; Lot 2 DP 629656; and Lot 3 DP 304375
Zoning	Public Recreation (RE1)
Land Use	Childcare Centre Recreation Facilities (Outdoor)
Description	43 Brighton Street is childcare centre and a tennis centre. As the uses are operational use it is appropriate to classify it as operational land.
The land was acquired by Council by way of transfer in the 1970’s. This site accommodates both a childcare centre and tennis facilities, providing operational and community services. These uses are permissible under the current RE1 zoning and have been established features of the local area for many years. The land has been treated as community land and a Plan of Management exists for the land. The land is leased under a standard commercial lease arrangement, and the land is not a public reserve. There are no development approval records available. Childcare centres and Recreation Facilities (Outdoor) are permitted with consent’ in the RE1 zone. It has been used as a childcare centre and a tennis centre since before the Burwood LEP commenced in 2012.

Item 28	Jackett Reserve and 39 Minna Street
Address	39 Minna Street, Burwood (also known as 8 Belgrave Street) in Jackett Reserve
Title	Lot 6 & 7 Sec 2 DP233 and Lot 2 DP 201156
Zoning	Public Recreation (RE1)
Land Use	Park and Childcare Centre
Description	39 Minna Street is a childcare centre within Jackett Reserve.
The acquisition date for this land is not specified in Council records. It has been used as a park and childcare centre for many decades. There are no development approval records available. Childcare centres and Recreation Facilities (Outdoor) are permitted with consent in the RE1 zone. It has been used for these purposes since before the Burwood LEP commenced in 2012 The land has been treated as community land and a Plan of Management exists for the land. It is proposed to reclassify the land to operational for the purposes of subdivision. Following subdivision the Childcare centre will remain operational land as it is an operational use, and the park will return to community land as a park is a community land use. There are no development approval records available. Childcare centres and Recreation Facilities (Outdoor) are permitted with consent’ in the RE1 zone. It has been used as a childcare centre and park since before the Burwood LEP commenced in 2012.

Item 29	SES Building
Address	32-34 Cheltenham Rd Croydon
Title	Lot 3 DP 1198616
Zoning	Low Density Residential (R2)
Land Use	Emergency Services Facility
Description	32-34 Cheltenham Road is an operations building for the State Emergency Service As the residential dwelling is an operational use it is appropriate to classify it as operational land.
Council records do not provide a specific acquisition date for this land. It has been used as an emergency services facility for many years. There are no development approval records available. Emergency Services Facilities are permitted with consent in the R2 zone. It has been used as an emergency services facility since before the Burwood LEP commenced in 201. The land has been treated as community land and a Plan of Management exists for the land. The land is leased to the SES under a memorandum of understanding agreement, and the land is not a public reserve. There are no development approval records available. Emergency Service Facilities are permitted with consent’ in the R2 zone. It has been used as an emergency services facility since before the Burwood LEP commenced in 2012.

Item 30	Woodstock Childcare Centre
Address	22 Church St Burwood (incorporating 92 Fitzroy Street Burwood)
Title	PART Lot 2 DP 605138 (Council),
Zoning	Low Density Residential (R2)
Land Use	Childcare Centre
Description	This is the childcare centre at 92 Fitzroy Street. As the uses are operational use it is appropriate to classify it as operational land.
The acquisition date for this land is not specified in Council records. It has been used as a childcare centre since 2007 and has been leased to a childcare operator since this time. Childcare centres are permitted with consent in the R2 zone. It has been used as a childcare centre since before the Burwood LEP commenced in 2012. The land has been treated as community land and a Plan of Management exists for the land. It is proposed to reclassify the land to operational for the purposes of subdivision. Following subdivision the Childcare centre will remain operational land as it is an operational use, and the remainder will return to community land as it is a community land use. There are no development approval records available, but it is believed that consent occurred in 2006-2007.

Item 31	Burwood Council Offices
Address	8 Conder Street Burwood
Title	Lot 105 in DP1258893
Zoning	Mixed Use MU1
Land Use	Office, Shop, Community Facility
Description	As the uses are operational use it is appropriate to classify it as operational land.
The Burwood Council Administration Centre site was dedicated to Council in 2020 as part of a comprehensive redevelopment project by way of a Voluntary Planning Agreement. The mixed-use nature of the site, incorporating office, retail, and community facilities, aligns with the strategic objectives for the area and has relevant development approvals in place. The Burwood Council Offices site incorporates a mix of administrative, retail, and community uses. These uses are permissible under the current MU1 zoning and reflect the site's importance as a civic and community hub. This site is central to Council's operations and service delivery. Classifying it as operational land will facilitate more efficient management and potential future adaptations to meet changing administrative and community service needs. The use of land as a shop is permitted with consent in the MU1 zone. It has been used as a shop since before the Burwood LEP commenced in 2012. The land has been used as an office and community facility ever since. The land has been treated as community land and a Plan of Management exists for the land. Part of the land is leased under a standard commercial lease arrangement, and the land is not a public reserve. Consent for the development was issued in 2015, and the use of land as a shop is permitted with consent in the MU1 zone.

In support of the Planning Proposal:

· Attachment 1 contains the draft Planning Proposal Report in the format required by the Department of Planning, Housing and Industry (DPHI). This report contains detailed information on the planning proposal and for each item proposed to be reclassified.

· Attachment 2 is a Practice Note produced by the Department which explains the process of classifying land and indicates the information that should be provided in the Planning Proposal report at Attachment 1.

· Attachment 3 is a copy of the Local Environment Plan Making Guideline produced by the Department which explains the local plan making process

The Planning Proposal intends to classify 31 items from “Community Land” to “Operational Land.” These items comprise a range of locations that are owned by Council and used for operational purposes and should be classified as operational land under the Burwood Local Environmental Plan 2012.

A Ministerial Direction requires all planning proposals to be considered by the Local Planning Panel for advice prior to consideration of the planning proposal by Council. The role of the Local Planning Panel is to provide advice to Council to assist their consideration of the planning proposal. Should Council resolve to support the planning proposal it will be forwarded to DPHI for their consideration to grant Gateway approval. If approved, the Gateway determination will include details of necessary community consultation, following which the planning proposal will again be considered by Council.

This planning proposal does not involve actual development, such as a rezoning or change of planning controls, and will not alter current use or operational practice but rectify any historical anomalies in land classifications under Council’s Environmental Planning Instrument via a change to the classification of land under the LG Act.

The professional and independent advice of the Burwood Local Planning Panel (BLPP) has been included in this subsequent report to Council as well as the minutes of the Local Planning Panel meeting.

At its Meeting of 12 November 2024, the Burwood Local Planning Panel considered the draft Planning Proposal Report in relation to the Reclassification of certain Council-Owned Land and advised Council to proceed with the proposed reclassification as outlined in the attached Planning Proposal Report subject to the following advice:

1. That the draft Planning Proposal Report be expanded to research the matter in which each property came into Council’s ownership.

2. Should the Council’s ownership have come by way of dedication or gift or resumption for a specific purpose and therefore whether the property is subject to a trust for public purposes, not necessarily a statutory trust.

3. If the land is subject to a trust for public purposes that land should remain community land.

4. Given that the Council has chosen to use the LEP process, the draft Planning Proposal Report is to clearly articulate a planning purpose for the LEP.

5. Where the Council considers that land is currently used for an operational purpose that use should be detailed sufficiently to differentiate it from a community purpose.

Following the BLPP's advice, Council conducted additional research through its Local Heritage Library, further assessing its historical records to thoroughly investigate how the properties came into Council's ownership. After exhausting all available information sources, Council is satisfied it has fulfilled the BLPP's recommendations on this matter. A copy of the relevant BLPP minutes is contained in Attachment 4.

Community Consultation

Consultation on this planning proposal will be undertaken during a formal 28 day exhibition period in accordance with the Environmental Planning and Assessment Regulations and Council’s Community Engagement Strategy, should DPHI determine to grant Gateway approval for the planning proposal. Following the exhibition period Council will undertake a public hearing as required for reclassification planning proposals.

A public hearing must be undertaken when reclassifying public land from community to operational (EP&A Act s.57 & LG Act s.29). This gives the community an opportunity to expand on written submissions and discuss issues with an independent person in a public forum. After the exhibition period has ended, at least 21 days public notice is to be given before the hearing. This allows the person chairing the hearing sufficient time to consider written submissions and all issues raised. There are specific requirements for the independence of the person chairing the hearing, their preparation of a public hearing report and council making the report publicly available (LG Act s.47G).

Planning or Policy Implications

The proposed reclassification of certain Council-owned land from Community to Operational aligns with key strategic objectives outlined in Council's Property Strategy and Operational Plan. It supports the goals under Council’s Community Strategic Plan of complying with financial management responsibilities to promote transparency and accountability (A.102) and managing Council's property portfolio to optimise financial returns from Council-owned properties (A.104).

This reclassification aims to accurately reflect the current and intended use of these properties, many of which have dual operational and community functions. This update will not alter current use or operational practice but rectify any historical anomalies in land classifications under Council’s Environmental Planning Instrument. It is crucial to emphasise that this proposal does not seek to reclassify land that is clearly and solely for community use, such as community centres. This careful approach is designed to maintain the integrity of genuine community spaces whilst addressing the restrictions of attracting commercial operations to activate community land for the community.

By reclassifying these selected properties, Council will gain greater flexibility in their management, allowing for more efficient use in line with Council's strategic goals. This proposal aligns with best practices in local government asset management, ensuring that land classification accurately reflects its use and potential. The reclassification will provide Council with the tools to better serve the community's needs while maintaining responsible stewardship of public assets.

Financial Implications

The proposed reclassification has several potential financial implications that align with Council's commitment to responsible asset management. Primarily, reclassification to Operational land will enhance revenue opportunities by allowing Council to attract market rates for leasing and licensing of these properties. It will also permit Council to enter into longer-term leases beyond the current 21-year limit for Community land, potentially attracting more stable, long-term tenants and allowing consistency in community service offerings, such as childcare centres, whereby they become restricted in making much needed fit-out improvements given the restricted lease terms.

This optimised approach to property management could increase revenue from these assets. Importantly, the revenue generated from these properties can be redirected towards community needs and services, creating a positive cycle of community benefit. This aligns with Council's goal of using its resources efficiently to support and enhance community services and infrastructure.

The reclassification may also lead to a reduced administrative burden as Operational land classification can streamline some aspects of property management compared to the specific requirements for Community land.

This reclassification does not alter the current use of these properties or change Council's commitment to maintaining these assets for community benefit. Instead, it provides Council with an ability to rectify historical anomalies and the flexibility to make strategic decisions about these assets in the future, always prioritising the community's best interests. The potential financial benefits of this reclassification could provide additional resources for enhancing community services and infrastructure, supporting Council's ongoing commitment to serving the needs of our residents.

Conclusion

This report proposes updating the Burwood Local Environmental Plan 2012 (BLEP) through a planning proposal under the Environmental Planning and Assessment Act 1979 (EPA Act) to reclassify certain Council-owned public land from Community Land to Operational Land under the Local Government Act 1993 (LG Act). This change will not affect current use or operations but will correct historical classification anomalies in the Council’s Environmental Planning Instrument.

If Council supports the proposal, it will be submitted to the Department of Planning, Housing and Infrastructure (DPHI) for Gateway approval. If approved, Council will commence community consultation and a public hearing in accordance with legislative requirements before the proposal returns to Council for further consideration.

Recommendation(s)

1. That Council resolves to support the preparation and submission to the NSW Department of Planning, Housing and Infrastructure (DPHI) a request for Gateway Determination of a Planning Proposal to update the Burwood Local Environmental Plan 2012 (BLEP) to:

a) Reclassify certain Council-owned land from Community Land to Operational Land under the Local Government Act 1993 (LG Act) and Schedule 4 of BLEP to correctly reflect the use of specified sites as listed in this report.

b) Include additional permitted land uses under Schedule 1 of BLEP for certain Council-owned land to correctly reflect the use of specified sites as listed in this report.

2. That subject to a DPHI Gateway Determination, a minimum 28 day community consultation and engagement process be undertaken and a public hearing be undertaken in accordance with the Environmental Planning and Assessment Act 1979 and Local Government Act 1993.

3. That the General Manager be delegated to undertake minor modifications to any numerical, typographical, interpretation and formatting errors, if required.

4. That the results of the Gateway request, community consultation and engagement process and public hearing be reported back to Council.

Attachments – See separate Attachments Paper

1 ⇨ Draft Planning Proposal Report - Reclassification of Certain Council owned land - February 2025

2 ⇨ DPHI Practice Note Reclassification Public Land via LEP

3 ⇨ DPHI LEP Making Guideline

4 ⇨ BLPP Minutes November 2024

Council Meeting 11 February 2025

(Item 4/25) Half-Yearly Report - June to December 2024

File No: 25/2427

Report by Director People & Performance

Summary

A report on the progress of Council’s Delivery Program 2022 – 2026 is to be presented to Council on a half-yearly basis in accordance with legislative requirements of the State Government’s Integrated Planning and Reporting (IP&R) Framework.

Operational Plan Objective

P.43 – Plan, monitor and report on the delivery of services and initiatives in accordance with the Integrated Planning and Reporting Framework under the Local Government Act.

Background

Council’s Integrated Planning & Reporting (IP&R) documentation reports information in a transparent and streamlined process to provide easy access to information for residents.

Reflecting the IP&R Framework, reporting follows the structure of the Delivery Program 2022 – 2026 and Operational Plan 2024 – 2025, which delivers upon the strategic goals identified by the community in the Burwood2036 Community Strategic Plan.

This Half-Yearly Report is the first report for the Operational Plan 2024 – 2025 covering the period from 1 July 2024 to 31 December 2024.

The strategic goals are divided into five themes:

· Inclusive community & culture

· Places for people

· Sustainable & protected environment

· Vibrant city & villages

· Open & collaborative leadership

Each strategic goal is divided into actions which represent the specific initiatives Council proposes to implement to achieve the identified targets. The Delivery Program includes a total of 149 actions which are incorporated into the Operational Plan.

Reporting Structure

Key users are required to provide a rating status and comment for each strategic action they are responsible for as follows:

Completed	An action has been completed during the reporting period.
On Track	The action is on track for completion as scheduled.
Not Due to Start	The action is not due to start during the reporting period.
Monitor	The action is underway, but may not be completed in time or it has been postponed.

These requirements support and promote a continuous risk evaluation process for staff and management which allows the identification of risks and opportunities at an early stage in the delivery of activities/projects.

Measuring our Success

For the period 1 July 2024 to 31 December 2024, Council has registered the following progress:

Status	Number
Completed	21
On Track	106
Not Due to Start	5
Monitor	8
Total	140

Some significant milestones during this timeframe include:

· In September 2024, the Local Government elections were held, and our Councillors were elected for a new four-year term.

· Council’s focus on creating an inclusive Burwood continued with key actions from the Disability Inclusion Action Plan rolled out and International Day for People with Disability celebrated in early December 2024.

· Over 60% of the actions set out in the Multicultural Burwood Plan have been delivered including Aboriginal Cultural Awareness Training and the Culture Talks Forum.

· Implementation of the Year 1 actions from the Burwood Youth Action Plan commenced including a webpage on Council’s website designed for young people in collaboration with the Burwood Youth Advisory Group.

· The trial of the Burwood Library After Dark service commenced providing after-hours access to community members participating in the trial.

· The use of Council’s facilities and sporting fields continued to be strong with 2,744 bookings of community centres, halls and the Community Hub, and 1,399 sporting field bookings.

· October 2024 saw Council celebrate Small Business Month hosting a free networking event in the Library and Community Hub with over 50 local business owners in attendance.

· The Mobile Play Van had approximately 2,370 families visit with a total number of 5,720 attendees.

· The draft of Council’s inaugural Reflect Reconciliation Plan was developed in consultation with First Nations stakeholders, community members, local schools, services and staff.

· Council delivered the final scheduled events and activities for the Burwood Council Sesquicentenary including a Special Council Meeting held on Wednesday, 24 July 2024.

· Significant progress was made on the delivery of Council’s Western Sydney Infrastructure Grant (WSIG) Program projects with the commencement and completion of key milestones including community consultation, progression from draft to detailed design and preparation for major construction.

· New creative programs were rolled out in the Library and Community Hub including ‘Creative Kids’ and ‘Creative Seniors’.

· 740 program classes were made available at the Enfield Aquatic Centre and 2,646 student bookings were received for Council’s Learn to Swim Program.

· The implementation of Council’s Child Safe Standards continued with actions including the inclusion of Child Safety obligations in the Councillor induction, update of the ‘Children in the Library Corporate Practice’ and physical improvements to improve child safety in Council facilities.

· A number of key events were delivered to the Burwood community including Burwood Culture Streets, an expanded Greek Street Fair, Christmas in Croydon and Carols in the Park.

· 12 additional Chinatown Night Markets road closure activations were delivered on Clarendon Place.

· 108 Burwood residents received their Australian citizenship at two ceremonies held during the reporting period.

· The Flockhart Park Playground upgrade and installation of five new Outdoor Fitness Stations were completed with funding from the NSW Government’s Infrastructure Grants program.

· The WSIG park expansion projects at Portland and Russell streets were completed.

· 15 applications for Council’s Shopfront Improvement Program were approved with a total funding amount of $44,703 being made available.

· The Burwood Art Prize opened in November 2024 with an overall prize pool of $25,000 (previously $14,000) with sponsorship of $10,000 from the Anson Group.

· Seven public art projects were completed including the Burwood Mayoral Portraits, Burwood Uniting Church Mural and the Happy Nest on the Burwood Nest.

· A comprehensive audit of Burwood’s cultural assets was completed with more than 2,000 cultural assets identified.

· 10 new mobile Customer Service pop-up stalls across various locations were held, and Council’s overall customer experience rating was 8.0 out of 10 from 6,776 ratings.

· The implementation of a single Enterprise Resource Planning (ERP) solution continued enhancing service delivery and increasing efficiencies.

· 159 projects were exhibited on Participate Burwood with 26,776 views by 11,501 visitors; 916 project contributions by 556 contributors were received.

Consultation

Once the Half-Yearly Report is endorsed by Council, it will be made available to the public on Council’s website.

Planning or Policy Implications

In accordance with s 404 of the Local Government Act 1993 the General Manager must provide progress reports to Council, at least every six months, as to its progress with respect to the principal activities detailed in Council’s Delivery Program. Burwood Council’s Operational Plan 2024 to 2025 requires that public information is made available in a timely manner.

Financial Implications

No Financial implications.

Conclusion

Council’s Delivery Program 2022 – 2026, Operational Plan 2024 – 2025 and the Half Yearly Report 1 July 2024 to 31 December 2024 provides Council with ongoing updates on the progress of the objectives identified in Council’s Delivery Program and Operational Plan.

Recommendation(s)

That Council endorse the Half-Yearly Report 1 July 2024 to 31 December 2024.

Attachments – See separate Attachments Paper

1 ⇨ Burwood Council - Half-Yearly Report - December 2024

	Cr John Faker Mayor 9911 9916 mayor@burwood.nsw.gov.au			Cr George Mannah Deputy Mayor 0428 363 826 george.mannah@burwood.nsw.gov.au
	Cr Sukirti Bhatta 0499 811 652 sukirti.bhatta@burwood.nsw.gov.au			Cr Pascale Esber 0428 459 667 pascale.esber@burwood.nsw.gov.au
	Cr David Hull 0428 369 269 david.hull@burwood.nsw.gov.au			Cr Alex Yang 0482 933 247 alex.yang@burwood.nsw.gov.au
	Cr Deyi Wu 0484 123 988 deyi.wu@burwood.nsw.gov.au

Reports to Council

(Item 2/25) Western Sydney Infrastructure Grants Program – Quarterly Progress Report

(Item 3/25) Operational Land Classification of certain Council Owned Land

(Item 4/25) Half-Yearly Report - June to December 2024

(Item 5/25) Councillor Expenses and Facilities Policy - Adoption

(Item 6/25) Budget Review for Quarter Ending 31 December 2024

(Item 7/25) Investment Report as at 30 November 2024 and 31 December 2024

(Item 8/25) Amendment of Council Meeting dates for 2025

Notices of Motion

(Item NM1/25) Australia Day Citizenship Ceremony and Distrubution of Australian Flags

Summary

Recommendation(s)

Attachments