Housing & planning · Cumberland Council
Cumberland panel hands limited planning decisions to council staff
Designated officers can determine specified heritage and secondary-dwelling applications, including some cases involving sites of at least 380 square metres, under a delegation backed unanimously on 11 November.
Reporting from public council minutes. How this article was prepared
Cumberland’s Local Planning Panel has handed designated council officers authority to determine a limited range of planning applications, including some secondary-dwelling cases and specified work involving heritage items.
The delegation applies to the Director Environment and Planning, the Executive Manager City Planning and Development, the Coordinator Major Development Assessment and the Coordinator Fast Track Development Assessment for specified heritage-related applications. These include some demolitions involving heritage items and work on trees located on land containing a heritage item, subject to the listed heritage safeguards and conditions in the panel’s Schedule A.
The Director Environment and Planning and Executive Manager City Planning and Development can also determine applications for detached secondary dwellings that breach the minimum site-area standard under State Environmental Planning Policy (Housing) 2021, where the site is at least 380 square metres in accordance with the Cumberland Development Control Plan 2021. They can determine some secondary-dwelling applications involving a parking-space variation where the proposed parking rate complies with that development control plan.
The delegated authority cannot be used for applications identified as conflict-of-interest or contentious development under the relevant ministerial direction. All four panel members present, Michael Leavey, Garry Chapman, David Milliken and Yakub Comert, voted for the delegation, with no votes against.
The panel also approved a single-storey secondary dwelling at 11A Duke Street, Merrylands, after supporting a variation to the minimum lot-size standard. At 57 - 61 Pegler Avenue, South Granville, it approved a four-storey affordable-housing development with 38 apartments over a basement car park, involving demolition of existing structures and tree removal. Both approvals are subject to conditions attached to Council’s assessment reports. People who lodged submissions on the South Granville application are to be notified.
The minutes refer to conditions in the council assessment reports but do not reproduce them. The panel recommended that the delegations be reviewed in three years in conjunction with the future panel chair.
What deserves a closer look
The delegation changes who may determine eligible applications, but the minutes specify conditions and exclusions that limit its scope.
The detailed conditions attached to the two development approvals cannot be assessed from these minutes because they are contained in the referenced council assessment reports.
The three-year review is a recommendation to Council, not a recorded Council commitment to undertake it.
Questions for follow-up reporting
When will Council apply the delegated functions to individual applications, and how will applicants and submitters be notified of the decision-maker?
What conditions were attached to the two approved development consents in the council assessment reports?
Will Council take up the recommendation to review the delegations in three years in conjunction with the future panel chair?
What happens next
People who lodged submissions on Development Application 2026/0397 are to be notified of the determination.
If Council takes up the panel's recommendation, the delegations would be reviewed in three years in conjunction with the future panel chair.
Check the record
These passages were matched to the source text. Read them in context in the original minutes.
The panel delegated specified heritage-item demolition determinations to the Director Environment and Planning, Executive Manager City Planning and Development, Coordinator Major Development Assessment and Coordinator Fast Track Development Assessment, subject to Schedule A and the listed heritage safeguards.
Against: Nil. ITEM ELPP037/26 - DELEGATION OF FUNCTIONS, SECTION 2.20(8), ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 PANEL DECISION: 1. That the Panel pursuant to Section 2.20(8) of the EPA Act, delegates to the Cumberland Council staff members for the time being occupying or acting in the office titled Director Environment and Planning, Executive Manager City Planning and Development, Coordinator Major Development Assessment, and Coordinator Fast Track Development Assessment subject to the conditions specified in Schedule A: (a) The determination of a development application or an application to modify a development consent for the demolition of a heritage item listed in Schedule 5 of the Cumberland Local Environmental Plan 2021 provided that the development as proposed or proposed to be modified: (i) Relates to non-heritage significant structures within the heritage site; or (ii) Maintains the significant fabric of the building; or (iii) Does not adversely affect the heritage significance of the heritage item; and (iv) Is supported in writing by a heritage impact statement prepared by a suitably qualified person.
Item ELPP037/26, panel decision 1(a)
Open original minutes ↗The listed tree-work function concerns trees on land containing a heritage item and requires that the tree is not individually heritage-listed, the heritage-item description does not include trees or gardens, and the work complies with the Cumberland Development Control Plan 2021.
(b) The determination of a development application or an application to modify a development consent that involves removal of or works to a tree located on land on which a heritage item is located provided that: (i) The tree is not individually listed as a heritage item in the Cumberland Local Environmental Plan 2021; and (ii) The description of the heritage item in the Cumberland Local Environmental Plan 2021 does not include trees or gardens; and Cumberland Local Planning Panel Meeting 11 November 2026 Page 4 (iii) Removal of or works to a tree is in accordance with Cumberland Development Control Plan 2021.
Item ELPP037/26, panel decision 1(b)
Open original minutes ↗The Director Environment and Planning and Executive Manager City Planning and Development received delegated authority for specified secondary-dwelling applications involving minimum-site-area and parking standards, subject to Schedule A. Detached secondary-dwelling site-area cases require at least 380 square metres in accordance with the Cumberland Development Control Plan 2021; parking-variation cases require a parking rate complying with that plan.
2. That the Panel pursuant to section 2.20(8) of the EPA Act, the Cumberland Local Planning Panel delegates the following functions under the EPA Act to the Cumberland Council staff members for the time being occupying or acting in the office titled Director Environment and Planning and Executive Manager City Planning and Development subject to the conditions specified in Schedule A: (a) The determination of a development application or an application to modify a development consent for the purpose of a detached secondary dwelling where the development as proposed or proposed to be modified contravenes the non- discretionary development standard relating to the minimum site area provision as identified in s.53(2)(a) of the State Environmental Planning Policy (Housing) 2021 and where the minimum site area is no less than 380 sqm, in accordance with the Cumberland Development Control Plan 2021. (b) The determination of a development application or an application to modify a development consent for the purpose of a secondary dwelling where the development as proposed or proposed to be modified contravenes the non- discretionary development standard relating to the number of parking spaces provision as identified in s.53(2)(b) of the State Environmental Planning Policy (Housing) 2021, and where the parking rate complies in accordance with the Cumberland Development Control Plan 2021.
Item ELPP037/26, panel decision 2
Open original minutes ↗The delegated functions cannot be exercised for applications identified as conflict-of-interest or contentious development under the specified ministerial direction.
2. The delegated functions must not be exercised by the delegate if the application relates to development identified in Item 1 (Conflict of Interest) or Item 2 (Contentious development) of Schedule 2 of the Direction dated 6 March 2024 given by the Minister for Planning and Public Spaces under section 9.1 of the EP&A Act titled "LOCAL PLANNING PANELS DIRECTION DEVELOPMENT APPLICATIONS AND APPLICATIONS TO MODIFY DEVELOPMENT CONSENTS".
Schedule A, condition 2
Open original minutes ↗The recorded vote lists Michael Leavey, Garry Chapman, David Milliken and Yakub Comert in favour, with no votes against: four votes to nil.
Cumberland Local Planning Panel Meeting 11 November 2026 Page 5 For: Michael Leavey (Chairperson), Garry Chapman, David Milliken and Yakub Comert. Against: Nil. The meeting terminated at 12.56pm.
Item ELPP037/26, voting record
Open original minutes ↗The panel supported a variation to the minimum lot-size standard and approved DA2026/0584 for a single-storey secondary dwelling at 11A Duke Street, Merrylands, subject to conditions attached to Council's assessment report.
DECLARATIONS OF INTEREST: There were no declarations of interest. ITEM ELPP035/26 - DEVELOPMENT APPLICATION - 11A DUKE STREET, MERRYLANDS PANEL DECISION: 1. That the Clause 4.6 variation request, dated 1 October 2026, to contravene the Section 53(2)(a) development standard, pursuant to State Environmental Planning Policy (Housing) 2021, be supported. 2. That Development Application No. DA2026/0584 for the construction of a single storey secondary dwelling pursuant to State Environmental Planning Policy (Housing) 2021 on land at 11A Duke Street MERRYLANDS be approved subject to the conditions attached to Council's assessment report. Cumberland Local Planning Panel Meeting 11 November 2026 Page 2 REASONS FOR DECISION: 1. The Panel generally concurs with the Planning Officers report subject to the attached conditions within the report. 2. The Panel is satisfied that the applicant's written request dated 1 October 2026 to vary the Development Standard relating to minimum lot size under Section 53(2)(a) of State Environmental Planning Policy (Housing) 2021 has adequately addressed the matters required to be demonstrated by Clause 4.6 (3) and has demonstrated that: (a) compliance with the standard is unreasonable and unnecessary in the circumstances of the case, and (b) there are sufficient environmental planning grounds to justify the contravention.
Item ELPP035/26, panel decision and reasons
Open original minutes ↗Development Application 2026/0397 concerns demolition of existing structures, tree removal and construction of four-storey in-fill affordable housing comprising 38 residential apartments over basement parking at 57–61 Pegler Avenue, South Granville.
That Development Application 2026/0397 for the demolition of existing structures, tree removal and construction of a four (4) storey in-fill affordable housing comprising 38 residential apartments over basement car park pursuant to State Environmental Planning Policy (Housing) 2021on land at 57 - 61 Pegler Avenue South Granville be approved subject to the conditions attached to Council's assessment report. 2. Persons whom have lodged a submission in respect to the application be notified of the determination of the application. REASONS FOR DECISION: 1. The Panel generally concurs with the Planning Officers report subject to the attached conditions within the report.
Item ELPP036/26, panel decision
Open original minutes ↗The panel recommended to Council that the delegations be reviewed in three years in conjunction with the future panel chair.
REASONS FOR DECISION: 1. The panel is supportive of the delegations to Council for the supporting reasons detailed in Council's report. 2. The Panel recommends to Council that a review of the delegations be undertaken in three (3) years in conjunction with the future Panel Chair.
Item ELPP037/26, reasons for decision
Open original minutes ↗Source record
Reporting from the minutes of the Cumberland Local Planning Panel meeting held on 11 November 2026.
Key facts from the minutes
- The panel delegated specified functions under section 2.20(8) of the Environmental Planning and Assessment Act 1979 to named Cumberland Council planning positions.
- The delegation includes specified heritage-item demolition and tree-work applications, subject to conditions and exclusions.
- Some secondary-dwelling applications involving minimum-site-area or parking variations can be determined by two designated council planning positions, subject to the stated development-control-plan requirements and Schedule A.
- The panel approved DA2026/0584 for a single-storey secondary dwelling at 11A Duke Street, Merrylands, subject to assessment-report conditions.
- The panel approved DA2026/0397 for 38 affordable-housing apartments at 57 - 61 Pegler Avenue, South Granville, subject to assessment-report conditions.
- The panel recommended a review of the delegations in three years in conjunction with the future panel chair.
Why it matters
- Eligible applicants and people making submissions on some planning applications may deal with designated council officers rather than the Local Planning Panel. The scope is limited by the listed heritage, environmental-planning, parking and contentious-development conditions.