Agenda of Council - 22 November 2010

COUNCIL CHAMBERS

The Lord Mayor Clr John Chedid – Elizabeth Macarthur Ward

Dr. Robert Lang, Chief Executive Officer - Parramatta City Council

Sue Coleman – Group Manager City Services			Assistant Minutes Clerk – Joy Bramham
Greg Smith – Group Manager Corporate			Minutes Clerk – Grant Davies
Sue Weatherley–Group Manager Outcomes & Development

Clr Paul Barber – Caroline Chisholm Ward			Clr Lorraine Wearne - Lachlan Macquarie Ward
Clr Mark Lack – Elizabeth Macarthur Ward			Clr Paul Garrard - Woodville Ward
Clr Glenn Elmore – Woodville Ward			Clr Scott Lloyd – Caroline Chisholm Ward
Clr Pierre Esber– Lachlan Macquarie Ward			Clr Andrew Wilson – Lachlan Macquarie Ward
Clr Prabir Maitra – Arthur Phillip Ward			Clr Andrew Bide – Caroline Chisholm Ward
Clr Julia Finn – Arthur Phillip Ward	Clr Michael McDermott, Deputy Lord Mayor - Elizabeth Macarthur Ward	Clr Antoine (Tony) Issa, OAM – Woodville Ward	Clr Chiang Lim– Arthur Phillip Ward

Staff

GALLERY

Council 22 November 2010

TABLE OF CONTENTS

ITEM SUBJECT PAGE NO

1 CONFIRMATION OF MINUTES - Council - 18 October 2010, Council (Development) - 8 November 2010

2 APOLOGIES

3 DECLARATIONS OF INTEREST

4 Minutes of Lord Mayor

5 Public Forum

5.1 Reverse decision to ban smoking in outdoor dining areas within Parramatta LGA

6 PETITIONS

7 Rescission Motions

7.1 Parramasala

7.2 Section 94A, Development Contribution - 40 Alice Street, Harris Park

7.3 Advertising

8 COUNCIL MATTERS TO BE ADOPTED WITHOUT DISCUSSION

9 Economy and Development

9.1 Parramatta City Centre Lanes Policy

9.2 Channel 7 Studios, 61 Mobbs Lane, EPPING NSW 2121 (Lot 1 DP 129023, Lot 2 DP 129023, Lot 1 DP 570891, Lot 2 DP 732070) (Lachlan Macquarie Ward)

9.3 Westmead Millenium Institute within the grounds of Westmead Hospital, 166 -174 Hawkesbury Road, Westmead, Lot 100 DP 1119583 (Arthur Phillip Ward)

9.4 Results of public exhibition of Planning Proposal, Draft DCP and Draft Voluntary Planning Agreement for 2 Morton Street Parramatta

9.5 Draft Parramatta DCP 2010 - Consideration of Submissions

9.6 Minutes of the Heritage Advisory Committee

9.7 61 Mobbs Lane Epping - draft Voluntary Planning Agreement

9.8 124-130 Kissing Point Road, Dundas
Lots 1 & 2 DP 455476, Lot 3 DP 656064 & Lot 1 DP 705877 (Elizabeth Macarthur Ward)

10 Environment and Infrastructure

10.1 Development Control Enforcement Policy

10.2 Trial Closure of Church Street for 3 Saturday nights in December 2010 between Phillip Street and Market Street

10.3 Draft Parramatta City Council Climate Extremes Risk Assessment and Adaptation Action Plan

10.4 State of the Environment Report 2009/2010

11 Community and Neighbourhood

11.1 Access Advisory Committee Minutes 19 October 2010

11.2 IT Community Capacity Building Project

11.3 Aboriginal and Torres Strait Islander Advisory Committee Meeting 26 October 2010

11.4 Fee for Advertising of External Recreation Services

11.5 Expressions of Interest for the Construction and Operation of a Recreation Facility, being an all Weather Soccer and Multi Use Sporting Court Complex at Barton Park
Tender Number 36/2009

12 Governance and Corporate

12.1 Presentation of 2009/10 Financial report to the Public

12.2 Fees and Charges following the Services Review

12.3 Report of Audit Committee Meetings

12.4 Quarterly Review Septermber 2010 - Delivery program and Operational plan 2010/11

12.5 Investments Report for September 2010

13 Notices of Motion

13.1 Long Term Financing

14 Closed Session

14.1 Tender WSROC WR02-09/10 Provision of Traffic Control Services - Schedule of Rates Tender

This report is confidential in accordance with section 10A (2) (d) of the Local Government act 1993 as the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

14.2 Tender 28/2010 Northmead Neighbourhood Centre, Kleins Road, Northmead – Streetscape Upgrade – Civil, Landscape and Streetscape Works.

14.3 Tender 27/2010 Ermington Bay Nature Trail – Construction of New Concrete Pathways, Boardwalk Structure and Landscape Works.

14.4 Cleaning Services Contract - Tender 19/2010

15 DECISIONS FROM CLOSED SESSION

16 QUESTION TIME

Council 22 November 2010 Item 5.1

PUBLIC FORUM

ITEM NUMBER 5.1

SUBJECT Reverse decision to ban smoking in outdoor dining areas within Parramatta LGA

REFERENCE F2004/09820 - D01712742

REPORT OF Administration Officer

FROM Michael Rihma

OUR POINTS: This is not an issue about supporting smoking. This is a fundamental issue of our democratic right. This plea is to protect the democratic rights and civil liberties this council has imposed with its recent decision to ban smoking in outdoor dining areas.

We are talking about the consumption of a product that can be purchased legally across the counter from any newsagency, supermarket, tobacconist and convenience store. The product is of course cigarettes.

The council has made a decision without due diligence. Not one business out of over 100 in the Parramatta region I have spoken to was consulted about this decision before it was made.

Not one citizen out of countless that I have spoken to was consulted about this decision before it was made.

There has been no evidence that a survey has been completed to assist with the decision. No research and no consultation. This concludes to me that the ban was a stealth and undemocratic decision made by this council and after consulting with the businesses and people of Parramatta and bringing their opinion forward, I ask council to reconsider the ban on smoking within Parramatta.

There has been no action to date by federal and NSW state governments imposing an identical ban as this local council has done.

Buses and other motor vehicles omit more toxic chemicals all throughout Parramatta LGA yet no such ban has been placed to prevent these vehicles from areas where consumers dine.

Alcohol has a longstanding history of causing violence and even death. Yet no such ban has been placed to prevent diners from consuming alcohol.

In my opinion, what should be done is council work towards a solution for responsible smoking similar to a manner whereby alcohol is managed and promoted to be consumed responsibly. Smokers have already been ousted from society by not being allowed to consume their legal purchase indoors and have accepted the only place acceptable to smoke and enjoy a meal or beverage…. OUTDOORS! It is unfair and downright undemocratic to now take that away from 20% of the population (Australian Council on Smoking and Health).

It is ironic that smoking be banned in an outdoor dining area yet legal just outside. This can be as little as half a meter away from a diner and that is an ok area to smoke. Yet 2 meters away in an enclosed area will become illegal. Where is the “common” sense?

Many businesses and citizens believe their council (Parramatta) is being unfair. They are urging the council to please stop introducing bans and restrictions. When I asked people and businesses within Parramatta their thoughts of council, the common reply was please just tell them to leave us alone. This council’s approach is completely inconsistent with other councils in our state. In the past 4 months of this lobby, I have concluded that I also agree with this opinion.

Businesses do believe they will be financially affected by this decision concluding that people who choose to smoke will resort to other areas in which they are allowed to wine, dine and smoke as they please. Such a shame Parramatta council has made a decision to not welcome this culture.

Outdoor dining is not a place for smokers according to this council yet private courtyards are ok. The only businesses with private courtyards I have encountered are; Westfield, larger pubs and one restaurant that can be considered a small business. Every other small business has been stripped of allowing smokers to smoke in their current designated area. Does council understand that this decision is going to hurting small business? The small business owners of Parramatta strongly believe it will.

Of the 25 restaurants I visited in Parramatta’s main strip (Church St), 20 have signed urging the decision to be reversed. That leaves 5 that did not sign. 2 of them could not sign due to franchise rules even though they disagreed with the ban and did sign as individuals, 2 businesses did not sign as they are leaving Parramatta and one had a courtyard. If this is not a good measure that the decision is not welcome, then what is?

My key questions to council after considering the above points are as follows:

1. Council has been elected to represent its people. What surveys and research and most importantly, consultation had been made with businesses and citizens of Parramatta prior to this ban being imposed?

2. Section (e) of the ban states; “that an appropriate promotional strategy” would be enforced to educate businesses, promote restaurants and thank restaurants. Not one business out of over 60 I have spoken to in the entire Parramatta region has confirmed that any of the above has commenced. My question is; what educating, promoting and acknowledgement has occurred to date?

3. Is it illegal to smoke and have you considered alternate ways for smokers and non smokers to share the same area in a mutual manner?

4. Would council reverse the decision if it was made aware that the majority of businesses in the Parramatta region and 1,000’s of citizens both local and visitors do not welcome the ban?

5. In the event the decision is not reversed and the impact on business is more severe than expected, how would council front businesses and compensate them for their loss due such an impractical decision made?

To conclude, we, the people and businesses of Parramatta, do not want this to become an election issue. The people are frustrated and upset and want to know who is behind this decision. We have been working on this lobby for months leading to today to have this decision reversed. The vast majority of your small businesses are furious. They see this council collectively as guilty for introducing the ban. Let the people choose whether they want to smoke or not. Let the businesses manage smokers and non smokers. It is their business more than it is yours (the council). A decent number of people who visit Parramatta are furious. Hear their opinion. Hear their plea. I urge council to represent the people and businesses of this region. Represent their views and reverse this ban on smoking in outdoor dining areas. Let the cars drive, let people wine and dine and let smokers smoke. The focus should be on how to do things responsibly rather than just cutting it altogether. It is not just smoking that will be cut. It will be a great number of visitors, small business and in the end it will be this council who makes their laws, supposedly in their best interests.

On behalf of your people and businesses, I thank you for taking the time to hear our plea.

RESPONSE

Attachments:

There are no attachments for this report.

Council 22 November 2010

Economy and Development

22 November 2010

9.1 Parramatta City Centre Lanes Policy

9.2 Channel 7 Studios, 61 Mobbs Lane, EPPING NSW 2121 (Lot 1 DP 129023, Lot 2 DP 129023, Lot 1 DP 570891, Lot 2 DP 732070) (Lachlan Macquarie Ward)

9.3 Westmead Millenium Institute within the grounds of Westmead Hospital, 166 -174 Hawkesbury Road, Westmead, Lot 100 DP 1119583 (Arthur Phillip Ward)

9.4 Results of public exhibition of Planning Proposal, Draft DCP and Draft Voluntary Planning Agreement for 2 Morton Street Parramatta

9.5 Draft Parramatta DCP 2010 - Consideration of Submissions

9.6 Minutes of the Heritage Advisory Committee

9.7 61 Mobbs Lane Epping - draft Voluntary Planning Agreement

9.8 124-130 Kissing Point Road, Dundas
Lots 1 & 2 DP 455476, Lot 3 DP 656064 & Lot 1 DP 705877 (Elizabeth Macarthur Ward)

Council 22 November 2010 Item 9.1

ECONOMY AND DEVELOPMENT

ITEM NUMBER 9.1

SUBJECT Parramatta City Centre Lanes Policy

REFERENCE F2009/00340 - D01709974

REPORT OF Senior Project Officer- Urban Design

PURPOSE:

To recommend the adoption of the Draft Parramatta City Centre Lanes Policy for public exhibition.

RECOMMENDATION

(a) That Council adopt the Draft Parramatta City Centre Lanes Policy 2010, for public exhibition, for a period of not less than 28 days.

(b) Further, that another report be presented to Council at the end of the exhibition period.

BACKGROUND

1. There are currently 57 lanes in the city centre including arcades and through site links. The lanes benefit the city centre by enhancing access, servicing and loading especially through large city blocks.

2. The existing lanes network has been photographed and mapped and described in the Parramatta City Centre Lanes Inventory 2009 Attachment 3. Heritage aspects of the lanes were recorded and gaps and opportunities for improvements to the existing system identified.

3. The draft Policy was previously presented to the 26/07/2010 Council meeting and the following was resolved;

(a) That consideration of this matter be deferred pending the holding of a workshop.

(b) That prior to the workshop requested in (a) above, Council officers engage in extensive consultation with the Lord Mayor and Councillors with a view to applying best practice to Council’s lane way strategy.

(d) Further, that a Saturday morning walking tour be arranged for interested Councillors.

4. The requested Councillor workshop and walking tour was held on Saturday 16 October 2010 and was attended by 4 Councillors (Clrs McDermott, Bide, Lloyd and Elmore). The workshop included ; a presentation by Kati Westlake, Senior Urban Designer; a presentation by Craig Allchin from the Melbourne architectural firm 6 degrees about the Melbourne Lane rejuvenation Project and Craig’s comments about the Parramatta Lanes Policy.

5. Craig Allchin was broadly supportive of the Lanes Policy and Lanes Strategy especially in retaining and extending the network. He recommended the following;

a) Implement Framework: - Yes connections important

b) Ensure Lanes Well Lit and Clean: - Yes to a point

c) Start Activating Lanes: - Yes suggest 80/20 rule

d) Name and Sign Lanes: - Yes

e) Include Lanes in Public Domain Guidelines: - Yes

f) Initiate Pilot Project for Lanes: - Yes + Overall active edges

strategy, supply of retail,

mix of lanes.

6. One of the matters raised by some of the councillor’s attending the workshop was the imperative to name any unnamed lanes and the implementation of a standard naming process for them. Council currently has a Street Naming Policy and it is suggested that lane names would be subject to this policy which is attached to this report (Attachment 5). It is noted that the Street Naming Policy requires that street names should; not refer to any living person; be appropriate to the character of the area and preferably source local history, local flora or fauna, landmarks and/or Aboriginal names.

NEED FOR THE POLICY TO BE DEVELOPED

7. Due to the ad hoc development of the lanes network, there are instances where continuous access through a city block between streets is comprised of several short lanes and arcades under different title joining together. Improving these lanes will require coordination of public and private projects over an extended period and a comprehensive plan.

8. The Parramatta City Centre DCP 2007 requires new pedestrian links to be made as lots redevelop but does not expressly require vehicular servicing links. In many locations service access from lanes supports business. Implementation of the Policy would also allow vehicle crossovers to be relocated from main city streets, improving the appearance and amenity of the main streets. Additionally low speed vehicle access in appropriate lanes would increase passive surveillance at night, supporting a safe and well activated city.

9. A Framework Plan for a retained, expanded and more direct network has been prepared in the Parramatta City Centre Lanes Strategy, Attachment 2. Additionally six actions for improving the network have been identified including naming lanes that are currently unnamed (over half the network); providing better street address to lanes and improving the streetscape and lighting in lanes as funds become available.

10. A Draft Parramatta City Centre Lanes Policy 2010 has been prepared Attachment 1.

11. The objective of the Lanes Policy is to ensure that lanes in the city centre are retained and enhanced over the next period of the city’s growth to provide a coordinated network for pedestrians and vehicles that is safe, well activated, good looking and pleasant to use.

12. The Lanes Policy acknowledges the benefits of lanes and broadly supports the Parramatta City Centre Lanes Strategy, including the Lanes Framework Plan and the six actions.

13. The preparation of Parramatta City Centre Lanes Strategy Attachment 2 involved consultation with the following Council units; Capital Projects, Civil Infrastructure, Development Services, Land Use and Transport Planning, City Strategy and Strategic Asset Management.

14. The Lanes Policy will assist Parramatta Council to implement Parra 2025. It supports Destination 4 and Destination 6; for Neighbourhoods that are liveable and distinctive and for people and places that are linked by sustainable transport and communication networks respectively.

15. The Policy builds on 3 years of studies and plans undertaken by Council and the Department of Planning including; the Parramatta City Centre DCP 2007; the Parramatta City Centre Lanes Inventory 2009, the Parramatta City Centre Lanes Strategy and the Small Spaces and Laneways Project 2008.

16. The Lanes Policy acknowledges and supports the benefits that lanes provide to both vehicle and pedestrian access which supports a vital and active city centre.

17. The Lanes Policy supports the retention of a well functioning lanes network that will increase the extent of retail frontage at street level supporting a commercial viable city centre for Parramatta.

18. The Lanes Policy supports the Lanes Strategy which identifies dead-end lanes which don’t benefit the network and which could be disposed of over time as new development occurs.

19. Improvements to lanes, especially pedestrian lanes will create opportunities for street vending carts and outdoor seating in certain locations improving the ambience of Parramatta City Centre.

20. The mechanisms for funding lanes improvement projects are outlined in the Lanes Strategy and include Section 94 funds and funding by developers as redevelopment occurs.

Kati Westlake

Senior Project Officer –Urban Design

Attachments:

1 View	Draft Parramatta City Centre Lane Ploicy	8 Pages
2 View	Parramatta City Centre Lanes Strategy	84 Pages
3 View	Parramatta City Centre Lanes Inventory 2009	170 Pages
4 View	Craig Allchin - City Centre Lanes Workshop Presentation 16/10/10	88 Pages
5 View	Parramatta City Council Street Naming Policy	5 Pages
6 View	Urban Design Unit - City Centre Lanes Workshop Presentation 16/10/10	26 Pages

REFERENCE MATERIAL

Council 22 November 2010 Item 9.2

ECONOMY AND DEVELOPMENT

ITEM NUMBER 9.2

SUBJECT Channel 7 Studios, 61 Mobbs Lane, EPPING NSW 2121 (Lot 1 DP 129023, Lot 2 DP 129023, Lot 1 DP 570891, Lot 2 DP 732070) (Lachlan Macquarie Ward)

DESCRIPTION Project application for the construction of 28 townhouses ranging in height between 2-3 storeys, with associated garage parking and landscaping of private open space

REFERENCE NCA/20/2010 - Submitted 28 September 2010

APPLICANT/S Meriton Apartments Pty Limited

OWNERS Karimbla Properties (No 9) Pty Ltd

REPORT OF Manager Development Services

DATE OF REPORT 2 November 2010

REASON FOR REFERRAL TO COUNCIL

To seek Council endorsement of a submission to the Director General of the Department of Planning on the project application for the construction of 28 townhouses ranging in height between 2-3 storeys, with associated garage parking and landscaping of private open space.

The application is made under Schedule 3 of State Environmental Planning Policy (Major Development) 2005. Under Part 3A of the Environmental Planning and Assessment Act 1979, the proposal is declared as a Major Project and the Minister for Planning is the Consent Authority for the above project.

RECOMMENDATION

That Council endorse the submission to the Director General of the Department of Planning (contained at Attachment 1) regarding their assessment of a project application at 61 Mobbs Lane, Epping.

BACKGROUND

On 22 August 2006, the Minister approved a Concept Plan for residential development, landscaped open space and associated facilities, which permits the following development on the site:

• a maximum of 650 dwellings

• a maximum of 80,000m2 gross floor area (GFA) equivalent to a maximum floor space ratio (FSR) of 0.89: 1

• a maximum of 96,000m2 total envelope area

• a maximum of 73 dwellings per hectare on land

• a maximum height number of 6 storeys

• the provision of a minimum of 5% one (1) bedroom dwellings

• the provision of a maximum of 15% three (3) bedroom + study dwellings

• landscaped public open space (no less than 3.1 hectares) and private open space

• associated services and infrastructure

• land use distribution, building heights, densities, dwelling mixes and types

• strata and Torrens title subdivision.

Council has recently considered an amendment to this Concept Plan at its meeting held on 27 September 2010. This amendment primarily requests an increase in dwellings from 650 to 800. No determination has been made on the modification as yet.

THE PROPOSAL

The Department of Planning notified Council via a letter dated 24 September 2010, that Meriton Apartments Pty Ltd have submitted a Major Project Application for the construction of 28 townhouses ranging in height between 2-3 storeys, with associated garage parking and landscaping of private open space.

The proposal involves the construction of 3 separate buildings, being 2 buildings facing Mobbs Lane containing 16 x 3 storey townhouses and 1 building along the eastern boundary adjoining Edenlee properties containing 12 x 2 storey townhouses. The details of these buildings as contained within the proponent’s Environmental Assessment Report are outlined in the table below.

The Lord Mayor and Councillors were notified of the proposal on 5 October 2010 by Development Assessment Services.

The Department of Planning exhibited the project application between Wednesday 29 September 2010 and Friday 29 October 2010.

The draft submission has been forwarded to the Department of Planning to meet the required timeframes. The Department has been advised that the submission remains in draft format until such time as Council has considered and endorsed the submission.

Kate Lafferty

Senior Development Assessment Officer

Attachments:

1 View	Draft Submission to DOP	5 Pages
2 View	Buildings 1 & 2 - Plans & Elevations	6 Pages
3 View	Building 3 - Plans & Elevations	8 Pages
4 View	Photo Montages	4 Pages
5	Buildings 1 & 2 - Confidential Plans	9 Pages
6	Building 3 - Confidential Plans	7 Pages

Council 22 November 2010 Item 9.3

ECONOMY AND DEVELOPMENT

ITEM NUMBER 9.3

SUBJECT Westmead Millenium Institute within the grounds of Westmead Hospital, 166 -174 Hawkesbury Road, Westmead, Lot 100 DP 1119583 (Arthur Phillip Ward)

DESCRIPTION Part 3A Application for the construction of a part 7 and part 8 storey Medical Research Facility

REFERENCE NCA/4/2010 -

APPLICANT/S Health Infrastructure

OWNERS Health Commission of NSW

REPORT OF Manager Development Services

DATE OF REPORT 3 November 2010

REASON FOR REFERRAL TO COUNCIL

To seek Council endorsement of a submission to the Director General of the Department of Planning on the project application for the construction of a part 7 and part 8 storey Medical Research Facility

RECOMMENDATION

(a) That Council endorse the submission to the Director General of the Department of Planning on the Part 3A application for the Westmead Millenium Institute, contained at Attachment 1.

SITE AND SURROUNDS

The site is located within the grounds of Westmead Hospital along the Hawkesbury Road frontage of the site. The building will be located between Jessie and Helen Street. Development on the southern side of Hawkesbury Road comprises of 3 storey residential flat buildings.

THE PROPOSAL

The Department of Planning notified Council by way of letter dated 21 September 2010 of the proposal.

The Department of Planning exhibited the project application between Wednesday 22 September 2010 and Friday 22 October 2010.

The proposal involves the construction of a part 7 and part 8 eight storey building along a portion of the Hawkesbury Road frontage of the Westmead Hospital.

The building will be occupied by the Westmead Millennium Institute which is a medical research institution that is closely affiliated with Westmead Hospital and the University of Sydney.

The building when viewed from Hawkesbury Road will present as 7 storeys and from within the hospital site will present as an eight storey building.

Further details of the development include:

· The building will contain 12,921m2 of floorspace on a site area of 10,200m2;

· The provision of an at grade carpark for 50 vehicles at the rear of the building;

· The development has a cost of $124 million;

· The building will be occupied by approximately 400 employees;

· The building will operate 24 hours a day, 7 days a week ; and

· The building will achieve a 4 star green rating.

The development is generally considered to be appropriate for the site, though some concerns are raised about its bulk and scale, given the height of surrounding buildings.

Brad Delapierre

Team Leader Development Assessment Team

Attachments:

1 View	Draft Submission to DOP	3 Pages
2 View	Plans and Elevations	16 Pages

REFERENCE MATERIAL

Council 22 November 2010 Item 9.4

ECONOMY AND DEVELOPMENT

ITEM NUMBER 9.4

SUBJECT Results of public exhibition of Planning Proposal, Draft DCP and Draft Voluntary Planning Agreement for 2 Morton Street Parramatta

REFERENCE F2010/01017 - D01724670

REPORT OF Project Officer-Land Use.Land Use & Transport Planning

PURPOSE:

To report to Council the results of the public exhibition of the Planning Proposal, Draft DCP and Draft Voluntary Planning Agreement at 2 Morton Street Parramatta and seek Council’s endorsement to finalise these plans.

RECOMMENDATION

(a) That Council consider all submissions received and adopt the Planning Proposal for 2 Morton Street, Parramatta subject to the following variations as enabled by Section 58 of the Environmental Planning and Assessment Act 1979:

1) That the Floor Space Ratio be increased from 1.2:1 to 1.3:1.

2) That the portion of the site to be zoned Waterway be reduced to that area as shown in Attachment 4.

3) That a clause be introduced into the Planning Proposal that for the purposes of calculating FSR, the whole of the site area be included.

(b) That Council adopt the draft VPA subject to the finalisation of the legal drafting, including the matters raised in this report.

(c) That upon signing of the Voluntary Planning Agreement, the Planning Proposal as amended be forwarded to the Department of Planning in accordance with Section 59 of Environmental Planning and Assessment Act 1979 and that the Director General make arrangements for the legal drafting of the required LEP amendment.

(d) That subject to the signing of the Voluntary Planning Agreement, the draft Parramatta Local Environmental Plan 2010 be amended, prior to its finalisation to include the outcomes of the Planning Proposal.

(e) That Council not carry out a public hearing in respect of the Planning Proposal and the submitters requesting this be notified accordingly.

(f) That Council adopt the site specific draft Development Control Plan (DCP) for 2 Morton Street, subject to the following amendments, with the DCP to become effective at the date corresponding to the making of the LEP amendment giving effect to the proposal:

1. That the provision contained in draft Parramatta DCP 2010 with respect to car sharing scheme also apply to this site specific DCP.

2. That assessment criteria be included in the draft DCP to enable the proper assessment of a development application which proposes development at or adjoining the 1 in 100 year flood line.

3. That the wording of clause 3.2 be amended to reiterate Council’s preference for tower elements to be located closer to the interface of the foreshore land.

4. Delete reference to clause 5.1.

5. That the depth of buildings be measured from glass line to glass line.

6. Delete clause 5.4 (e).

7. Remove the 40% landscape requirement and allow for landscaping controls to be a merit assessment with an emphasis on deep soil planting within the Mixed Use zone.

8. That car parking requirements be amended to be consistent with the draft Parramatta DCP 2010.

9. That reference to road widening requirement for Morton Street be deleted.

10. That the specifications for width of the road verge for Morton Street be a 3 metre footpath plus a 3 metre grassed verge.

g) Further, that all persons who made submissions be notified of the outcome.

BACKGROUND

1. On 1 October 2009, the landowner of 2 Morton Street, Parramatta lodged a Planning Proposal seeking the rezoning of this land from “Employment 4” (industrial use) to High Density Residential, Mixed Use, Public Open Space and Waterways.

2. Council, on 19 October 2009, adopted the Planning Proposal for public exhibition, subject to it being exhibited concurrently with a draft Voluntary Planning Agreement (VPA) and site specific draft Development Control Plan (DCP). As required by the Act, the NSW Department of Planning (DoP) considered the proposal and authorised the public exhibition by issuing ‘Gateway’ determination in December 2009 and updated that authorisation in February 2010.

3. On 14 April 2010 Council endorsed a draft Voluntary Planning Agreement, provided certain conditions were part of that agreement, including an increase in the financial contribution from the proponent to the construction of a pedestrian bridge over the Parramatta River. Once these conditions were negotiated, the draft VPA was placed on public exhibition, together with the Planning Proposal, draft site specific DCP and the traffic study submitted by the land owner. The public exhibition was held from 7 August 2010 to 10 September 2010.

4. Council received 51 written submissions in response to the public exhibition. This included a submission containing a petition containing 117 signatures objecting to the proposal. A summary of the comments made in submissions are contained in Attachment 3. Council also received 2 submissions which requested that it hold a public hearing on particular issues raised in those submissions.

5. Section 57(5) of the Environmental Planning and Assessment Act 1979 states that if a person making a submission so requests and Council considers that the issues raised in a submission are of such significance that they should be the subject of a hearing, the Council is to arrange a public hearing on the issues raised in the submission.

6. The issues raised in the submissions are understood, are able to be fully addressed in this report and are of a type that Council generally receives in response to a proposal of this nature. The content of the submission is consistent with other submissions received and it is not recommended that a public hearing be held.

RELATIONSHIP TO DRAFT PARRAMATTA LOCAL ENVIRONMENTAL PLAN (LEP) 2010

7. The proposed rezoning of the land at 2 Morton Street has been under consideration by Council for a number of years and has previously been part of public consultations as part of Council’s Residential Development Strategy and part of the public exhibition of draft Parramatta LEP 2010.

8. The proponent, as provided for by the Act, is seeking the rezoning separately as a Planning Proposal to be considered independently of Council’s draft principal LEP. However, ultimately, the outcomes of the planning controls for 2 Morton Street, as determined by the Planning Proposal, will need to be reflected in the draft Parramatta LEP when it is finally made.

ISSUES

9. The main concerns expressed in submissions relate to:

a) Increased traffic caused by the new development.

b) The proposal will change the character of this area from a low/medium density area to high density.

c) The proposal will affect the environmental and heritage values of the foreshore.

d) Will increase flood risks.

e) Existing infrastructure is inadequate.

f) Lack of consultation.

g) The building heights are excessive.

10. Council’s Residential Development Strategy has identified this site and the immediate area for increased residential housing. The reasoning for this is that is more sustainable in the long term to accommodate a growing population by concentrating future residential housing in locations with good access to public transport, open space, community services, open space and schools. 2 Morton Street is within close proximity to the Parramatta CBD and the University of Western Sydney as well as access to bus services and an active foreshore. This makes it a desirable location in comparison to other locations that does not enjoy the same level of access.

11. The purpose of a Planning Proposal is to determine the suitability of the site to be rezoned for a particular purpose. To support the Planning Proposal and give an outline of what that the development form may look like, additional controls have been prepared in the form of a draft DCP and draft VPA that provides further public benefits to the wider community.

12. The Planning Proposal identifies certain issues and constraints that impact on the development of the site. These issues will be further investigated and resolved at the time a development application is lodged. This process involves much more precise details about the look, feel and design of the development and will be measured against strict criteria. This process will also involve its own consultation phase for which the community will have further opportunity to voice their concerns.

CONCLUSION

13. It is recommended that Council adopt the Planning Proposal, the draft DCP and draft VPA subject to modifications, as specified in the detailed report found at Attachment 1. However, as a pre requisite, that the draft VPA be signed by both parties prior to the Planning Proposal proceeding to the NSW Department of Planning for finalisation.

Nathan Burbridge Sue Stewart

Project Officer Senior Project Officer

Land Use Planning Land Use Planning

Attachments:

1 View	Attachment 1 - Detailed report on Planning Proposal, Draft DCP and Draft VPA for 2 Morton Street, Parramatta	16 Pages
2 View	Attachment 2 - Planning proposal, Draft DCP and VPA as exhibited	72 Pages
3 View	Attachment 3 - Summary of submissions	19 Pages
4 View	Attachment 4 - Variation to land to be zone waterways	1 Page
5 View	Attachment 5 - Draft SMCMA Vegetation Map	1 Page

REFERENCE MATERIAL

Council 22 November 2010 Item 9.5

ECONOMY AND DEVELOPMENT

ITEM NUMBER 9.5

SUBJECT Draft Parramatta DCP 2010 - Consideration of Submissions

REFERENCE F2009/01146 - D01726352

REPORT OF Project Officer -Land Use and Transport Planning

PURPOSE:

To present to Council the results of the public exhibition of the Draft Parramatta Development Control Plan (DCP) 2010 and to seek Council’s adoption of amendments to the draft DCP.

RECOMMENDATION

(a) That Council adopt the changes to the draft Parramatta DCP 2010 as outlined in Attachment 2.

(b) That Council re-exhibit changes to the draft DCP, as are determined to be necessary as discussed in this report, for a period of 28 days and the outcome be reported back to Council.

(c) That the CEO be authorised to correct any minor anomalies, typographical errors and the like in the draft DCP, without further reporting to Council.

BACKGROUND

1. The draft Parramatta DCP 2010 is the comprehensive DCP accompanying draft Parramatta Local Environmental Plan (LEP) 2010. It combines Council’s existing DCPs into one DCP (other than the Parramatta City Centre DCP) and adds provisions for Council’s Residential Development Strategy precincts, as well as revising certain controls.

2. Council adopted the draft Comprehensive Parramatta DCP for the purposes of public exhibition at its meeting on 14 December 2009.

3. The public exhibition of the draft Parramatta LEP 2010 and draft Parramatta DCP 2010 was held concurrently from 1 March 2010 to 23 April 2010 and was subsequently extended for an additional 2 weeks with the submission period closing on 7 May 2010.

4. Council received 505 written submissions in response to the public exhibition. Although most of the submissions related to the draft LEP, approximately 50 submissions directly or indirectly raised concerns with the draft DCP. A CD has previously been provided to all Councillors containing a copy of all submissions, and a summary and assessment of the submissions was an attachment to the Council Report on the draft LEP at the Special Council Meeting on 5 October 2010. For convenience, the summary and assessment of the submissions is again attached to this report as Attachment 3.

5. This report and attachments provide a comprehensive analysis of the submissions and recommendations arising in relation to the draft DCP.

OVERVIEW OF REPORT

6. This report includes a discussion of key issues raised in the submissions as well as internal officer comments with an explanation of key recommendations in the detailed report at Attachment 1. Recommended changes to the draft DCP arising from submissions and internal comments are contained in Attachment 2.

ISSUES

7. There are no set criteria in the Environmental Planning & Assessment Act or Regulation to guide what changes may be re-exhibited in a draft DCP. However, it is best practice to re-exhibit changes that represent a significant departure from the exhibited version of the draft DCP in order to have a more robust DCP. The proposed changes that are recommended to be re-exhibited are detailed in Attachment 1.

TIMING & PROCESS

8. Legislation requires that an exhibition of a draft DCP be for a minimum period of 28 days. Following the re-exhibition of elements of the draft DCP, a further report would be prepared for Council to consider any further submissions relating to these matters. Council would then be able to make a final consideration of adopting the plan. Once this occurs Council must give public notice of its decision in a local newspaper within 28 days after the decision is made. A DCP comes into effect on the date that public notice of its approval is given in a local newspaper, or on a later date specified in the notice. Legislation also requires Council to provide the Director-General with a copy of the DCP within 28 days of making the plan. It is proposed to make the DCP effective at a date corresponding to the commencement of the new LEP.

Jennifer Concato Sue Stewart

Project Officer Senior Project Officer

Land Use Planning Land Use Planning

Attachments:

1 View	Detailed Report	10 Pages
2 View	Recommendations for draft DCP changes	11 Pages
3 View	Summary table of submissions	143 Pages

REFERENCE MATERIAL

Council 22 November 2010 Item 9.6

ECONOMY AND DEVELOPMENT

ITEM NUMBER 9.6

SUBJECT Minutes of the Heritage Advisory Committee

REFERENCE F2005/01945 - D01726487

REPORT OF Project Officer

PURPOSE:

To inform Council of the key discussion points of the meeting of the Heritage Advisory Committee on 20 October 2010.

RECOMMENDATION

That the minutes of the Heritage Advisory Committee meeting of 20 October be received and noted.

BACKGROUND

1. Council’s Heritage Advisory Committee meets every two months and comprises 11 members.

2. Council’s Heritage Advisory Committee met on 20 October 2010. This report provides a summary of the key discussion points of that meeting for Council’s information and consideration.

3. The main issues considered at the meeting are outlined below.

(a) In response to a Council resolution of 27 September 2010 the Parramatta Stories Project Officer provided a preliminary report (appended to the minutes as Attachment 1) to the Committee on measures to provide appropriate recognition of the Benaud Family who resided at 5 Sutherland Road, North Parramatta. Arising from the report and discussion, the Committee requested (item 64/10) that discussions proceed with the Parramatta District Cricket Club for the development of a sporting award in Richie Benaud's honour. Feedback on the outcome of these discussions and other general measures to provide recognition of the Benaud family will be provided to Council in a future report on the Committee minutes.

(b) The Committee (item 66/10) considered a further batch of items of State significance in Council’s environmental planning instruments, but not on the State Heritage Register, and concluded that the following could be added to the Register: Chadwick Guest house -- 6 Boundary Street, Parramatta; the archaeological site for 44 Grose Street, Parramatta; boundary stone on James Ruse Drive (under bridge), Parramatta; Dam -- Lake Parramatta Reserve, Parramatta and the archaeological site for Newlands -- 1 Macarthur Street, Parramatta. The comments of the Committee will be considered further as part of Council’s comprehensive heritage review.

(c) The Committee recommended (item 56/10) that the following applications for funds from Council's Local Heritage Fund be granted: $2000 for 3 Earl Street, Merrylands; $1000 for 29 Jamieson Street, Granville and $2000 as approval in principle for proposed works at 18 Rosehill Street, Parramatta.

4. There are no requests for additional expenditure arising from this meeting.

Paul Kennedy Sue Stewart

Project Officer Senior Project Officer

Land Use Planning Land Use Planning

Attachments:

1 View

Heritage Advisory Committee Minutes for 20 October 2010

14 Pages

REFERENCE MATERIAL

Council 22 November 2010 Item 9.7

ECONOMY AND DEVELOPMENT

ITEM NUMBER 9.7

SUBJECT 61 Mobbs Lane Epping - draft Voluntary Planning Agreement

REFERENCE F2005/02607 - D01731501

REPORT OF Project Officer - Land Use and Transport Planning

PURPOSE:

To seek Council’s endorsement of a draft Voluntary Planning Agreement to deliver a contributions framework for the re-development of 61 Mobbs Lane Epping (the former Channel 7 site).

RECOMMENDATION

(a) That Council consider this report and agree to place the draft Voluntary Planning Agreement (VPA) on public exhibition.

(b) That delegation be granted to the CEO to carry out any minor amendments to the final legal wording of the terms of the draft VPA as required, that do not result in any material change to the nature of the agreement.

(c) Further, that upon completion of the pubic exhibition of the VPA, any submissions received be reported to Council.

BACKGROUND

1. On 22 August 2006, the Minister for Planning approved the Concept Plan for the residential development of the Mobbs Lane site even though Council objected strongly to the concept and process. The approved concept plan was for a total of 650 dwellings and was subject to various conditions.

2. Condition B5 of this approval required the proponent to prepare a planning agreement and/or contributions framework to ensure the procurement and provision of various broad categories of infrastructure relating to community facilities, open space and traffic calming measures. This condition requires the sign-off of the Director General of the Department of Planning.

3. On 24 November 2008 Council considered a report and resolved to endorse a submission to the Department of Planning raising objection to the revised developer contributions framework put forward by the then applicant, as the framework did not provide adequate community facilities, satisfy infrastructure demand generated by the proposal or result in sufficient public benefit commensurate with the scale of development proposed.

4. In early January 2009, the Department of Planning advised that as the (then) applicant and Council had not been able to come to an agreement on the matter, a consultant (Michael Collins & Associates) had been appointed to provide advice to the Department on a way forward.

5. On 27 March 2009, the Department of Planning advised that they had adopted the contributions framework prepared by Michael Collins & Associates. This resulted in a total contribution of $3,192,038 being payable, comprising $1,950,038 cash payment and the remainder as works in kind including the signalisation of Mobbs Lane and Marsden Road as well as the provision of 3.1ha of publically accessible open space within the development site.

6. It was initially determined that this matter would be formalised by the entering into of a deed of agreement between Council and the applicant, however it has since been advised (by the DoP and Council’s legal counsel) that a Voluntary Planning Agreement would be a more appropriate and offer Council a greater level of security as well as a greater level of transparency.

ISSUES

7. There is currently an application before the Department of Planning seeking an increase in the total number of dwellings on the site to 800 (from 650). Whilst Council has previously raised objection to this, the matter is still undetermined and therefore the draft VPA contains a provision requiring the payment of additional monies if the application is successful. In the even that 150 additional dwellings were to be approved this would result in an additional $736,724 being payable (subject to indexation from March 2009 to the date paid).

8. The draft VPA reflects the determination made by the Department of Planning on this matter and provides Council with no commercial risk as well as provides a secure means of receipt of payments and security as the VPA will be registered on title until such time as all obligations are fulfilled. Additional matters such as kerb and gutter works, modifications to the Mobbs Lane/Midson Road intersection have already been approved as part of the proponents ‘early works’ application and whilst not specified in the VPA will be delivered as they would where relevant to a normal Development Application.

9. Council’s Voluntary Planning Agreements Policy requires draft VPA’s to be publicly exhibited in accordance with the requirements of the Act and Council’s notification policy. The Act identifies a minimum public exhibition period of 28 days. Council’s notification policy does not make specific reference to the notification of VPAs however over the Christmas/New year period the notification of Development Applications is not carried out between 17 December and 14 January.

10. As work has already commenced on the project, it is suggested that the public exhibition of the draft VPA could commence as soon as practical after the date of Council’s decision and be extended to 28 January 2011. It is envisaged the outcome of the public exhibition would then be reported to Council’s first meeting of 2011 in February (dates yet to be confirmed). It is considered that this would satisfy the requirements of the Act as well as respect the intent of Council’s extended Christmas/New year period notification period by allowing a reasonable period in which the public can review the VPA and provide comment.

WAY FORWARD

11. The development of an appropriate contributions framework has not followed a typical process due largely to the fact that the Department of Planning made the original determination prior to a contributions framework being agreed to by parties. Following consideration of both parties differing view points, the department made a determination as to what was considered a reasonable contributions framework. By way of comparison the total dollar value of the offer currently proposed is roughly equivalent to what would have normally been levied under Council’s (now repealed) Section 94 contributions plan for a development of this size.

12. The VPA presented to Council reflects the determination made by the Department of Planning and will result in a total of 3.1ha of open space on the site being publically accessible as well as the signalisation of an already busy intersection and the payment of $1.95million dollars to Council’s Section 94 fund. The VPA is considered a reasonable outcome given the circumstances.

Neal McCarry

Town Planner - Land Use and Transport Planning

Attachments:

1 View	Diagram showing landscaping works to be carried out to western portion of the site	1 Page
2 View	Diagram indicating traffic signal works at intersection of Mobbs Lane & Marsden Road	1 Page
3 View	Diagram showing publicly accessible areas of open space on the site	1 Page
4 View	draft Voluntary Planning Agreement including schedule of works/contributions	33 Pages

REFERENCE MATERIAL

Council 22 November 2010 Item 9.8

ECONOMY AND DEVELOPMENT

ITEM NUMBER 9.8

SUBJECT 124-130 Kissing Point Road, Dundas
Lots 1 & 2 DP 455476, Lot 3 DP 656064 & Lot 1 DP 705877 (Elizabeth Macarthur Ward)

DESCRIPTION Construction of 2 x 2 storey buildings containing a total of 18 residential units over basement carparking under SEPP (Affordable Rental Housing) 2009.

REFERENCE DA/460/2010 - Submitted 15 June 2010

APPLICANT/S Gus Fares Architects Pty Ltd

OWNERS Medco Petroleum Pty Limited

REPORT OF Manager Development Services

DATE OF REPORT 26 October 2010

REASON FOR REFERRAL TO COUNCIL

The application has been referred to Council as the application is the 1^st infill affordable housing development to be considered by Council under SEPP (Affordable Rental Housing) 2009.

NOTE: This report was deferred from the Council (Development) Meeting on 8 November 2010. A memorandum will be provided prior to the meeting.

EXECUTIVE SUMMARY

Development Application No. 460/2010 seeks approval for the construction of 2 x 2 storey buildings containing a total of 18 residential units over basement car parking under SEPP (Affordable Rental Housing) 2009 on land at 124-130 Kissing Point Road, Dundas.

The development is being constructed under the provisions of the SEPP (Affordable Rental Housing) 2009 and 50% of the dwellings (being 9 of proposed dwellings) will be designated for affordable housing to be managed by a "Registered Community Provider" for 10 years as required under the SEPP.

The subject site is zoned Residential 2(b) under the provisions of LEP2001. Residential flat buildings are a prohibited land use under the zoning provisions of LEP2001. Notwithstanding this, the proposed use is considered as “infill affordable housing” under the SEPP (Affordable Rental Housing) 2009 and is a permissible development under this SEPP, which is the prevailing legislative document.

Clause 14 of the SEPP states design development standards that cannot be used to refuse an application. These standards include floor space ratio, car parking, landscaping and deep soil zones.

SEPP (Affordable Rental Housing) 2009 permits a maximum floor space ratio of 0.75:1 for this development, whilst the maximum floor space ratio permissible within the current 2(b) zone is 0.6:1. Council cannot refuse the application based on density and scale if the proposed development does not exceed 0.75:1. The proposed development has a floor space ratio of 0.75:1, which complies with the requirements of the SEPP.

The proposed 2 storey height of the proposed development complies with the maximum height provisions within the current 2(b) zoning of the subject site. The development also complies with the maximum 8.5m height provisions of the SEPP.

The proposed development, if considered under the provisions of Parramatta Development Control Plan 2005 would require 19 car parking spaces for the occupants and 5 visitor car parking spaces, resulting in a total of 24 car parking spaces. The application proposes 18 spaces, which does not comply with Council’s controls, however exceeds the minimum requirements under the SEPP (Affordable Rental Housing) 2009, being a minimum of 9 car parking spaces.

The proposed development provides 44% of the site area as landscaping and 38% of the site area as deep soil zone. The landscaping and deep soil areas exceed the minimum requirements of Parramatta Development Control Plan 2005 and the SEPP.

The application was advertised and adjoining owners and occupiers were notified of the proposal for a period of 21 days. No submissions were received.

Subject to conditions of consent, the proposal is considered to be acceptable as it complies with the provisions of SEPP (Affordable Rental Housing) 2009 and is consistent with the aims and objectives of Parramatta Local Environmental Plan 2001. Accordingly, the application is recommended for approval.

RECOMMENDATION

(a) That Council as the consent authority grant development consent to Development Application No. 460/2010 for the construction of 2 x 2 storey buildings containing a total of 18 residential units over basement car parking under SEPP (Affordable Rental Housing) 2009 on land at 124-130 Kissing Point Road, Dundas subject to the conditions contained within Attachment 1.

Kate Lafferty

Senior Development Assessment Officer

Attachments:

1 View	Section 79C Assessment Report	52 Pages
2 View	Locality Map	1 Page
3 View	Plans & Elevations	9 Pages
4	Confidential Plans	3 Pages

Council 22 November 2010 Item 10.1

ENVIRONMENT AND INFRASTRUCTURE

ITEM NUMBER 10.1

SUBJECT Development Control Enforcement Policy

REFERENCE F2009/01489 - D01687222

REPORT OF Manager Regulatory Services

PURPOSE:

To present to Council for consideration and adoption the Development Control Enforcement Policy.

RECOMMENDATION

That Council adopt the Development Control Enforcement Policy.

BACKGROUND

The Regulatory Services Unit is developing a set of policies under the overriding enforcement policy to cover the range services provided by the unit. The suite of policies will set minimum standards that are available to the general public providing transparent, fair and equitable enforcement controls.

The Development Control Enforcement Policy will be administered by both Regulatory Services and Development Services with regard to their relevant areas of responsibility.

PUBLIC CONSULTATION

The Development Control Enforcement Policy was placed on public exhibition for four weeks. During this time no submissions were received from the public.

AMENDMENTS TO THE POLICY

The draft policy has been referred to General Counsel for comment on which have been accepted with changes as per attachment 1.

FINANCIAL IMPLICATION FOR COUNIL

There is no financial implication to Council.

Laurie Whitehead

Unit Manager, Regulatory Services

Attachments:

1 View

Development Control Enforcement Policy

14 Pages

REFERENCE MATERIAL

Council 22 November 2010 Item 10.2

ENVIRONMENT AND INFRASTRUCTURE

ITEM NUMBER 10.2

SUBJECT Trial Closure of Church Street for 3 Saturday nights in December 2010 between Phillip Street and Market Street

REFERENCE F2008/05099 - D01723987

REPORT OF Service Manager Traffic and Transport

PURPOSE:

To respond to Council’s Resolution of 26 July 2010 regarding a proposed closure of Church Street on Friday and Saturday nights between Phillip Street and Market Street, Parramatta

RECOMMENDATION

(a) That Council note that it can not proceed with the trial part-time closure unless it also has the approval of the RTA.

(b) That due to the RTA’s and Police opposition Council not proceed with the trial part-time closure of Church Street at this point in time.

(c) That Council work with Parramatta Police to facilitate measure to reduce anti-social driving behaviour in the CBD such as Vehicle Defect Operations.

(d) Further, that Council implement a traffic survey to obtain information on the number of motorists undertaking anti-social behaviour in Church Street and report back on the results of these surveys.

BACKGROUND

Council at its meeting held on 26 July 2010 resolved:

(a) That a report be brought forward on closing Church Street between Market and Phillip Streets on Friday and Saturday nights with the aim of having this implemented on a trial basis by December 2010 under an interim arrangement. The report is to include details of consultation undertaken, regulatory approvals that will have been obtained and the cost of closures.

(b) Further, that following implementation of the interim closure a further report should be provided that includes proposals to lease parts of the road closure area to restaurants as a means of funding the closures.

The background information that accompanied the Notice of Motion stated that the popularity of the Church street ‘dining precinct’ had attracted some anti-social driving behaviour along Church Street and that a night time closure of the road would improve the amenity for visitors and potentially increase seating capacity for restaurants.

PUBLIC CONSULTATION

Following the Council resolution of 26 July 2010 Council advertised the trial closure for a period of 28 days (from 11 August 2010 to 8 September 2010) in the Parramatta advertiser and Councils website.

Letters were also sent to emergency service providers (NSW Police, Fire Brigade and Ambulance Service), transport service providers (Sydney Buses, Wesbus and the Taxi Council), Parramatta Chamber of Commerce and businesses and residents within 200m of the affected of the affected area.

Transport NSW, on behalf of Hillsbus, Veolia and Sydney Buses raised objections to the proposal. They indicated that the proposed road closure would re-route bus services and inconvenience bus patrons as they would be required to walk to bus stops located in Wilde Avenue or Church Street north of Victoria Road. Transport NSW also indicated that any financial impact resulting from the re-routing of current bus services is to be funded by Council.

The NSW Fire Brigade advised that that a corridor is to be maintained for emergency vehicle access. According to NSW Fire Brigade guide sheet, an unobstructed corridor 4m wide (preferably 5m) is required for operating fire brigade appliances.

NSW Police Force initially objected to the proposal pending submission of a comprehensive report addressing issues like management of traffic disruptions, access to public transport, emergency access, pedestrian flow/anti congregation plan, responsible service of alcohol, outdoor seating arrangements and road closure. The NSW Police have more recently met with officers of Council and the RTA and have provided further comments discussed later in this report.

REPORT

On 18 October 2010 Council considered a report from the Parramatta Traffic Committee regarding a proposed trial part-time closure of Church Street, between Philip Street and Market Street, for 3 Saturday nights in December 2010. This report mainly dealt with the traffic aspects of the closure including the consultation that had been undertaken. It also included issues regarding cost, outdoor dining, safety and security. The proposal included security staff to help address concerns regarding crime. The report recommended that the trial could proceed on traffic grounds and that it would not be feasible to include outdoor dining in the trial. A memo was also provided to Councillors on the night at the Council meeting advising of the latest information from Police in regards to provision of Vehicle Defect Operations in the Parramatta CBD and crime and security aspects of the proposed closure. The memo indicated that a further report would be provided to Council regarding the trial closure.

The cost of the road closure is approximately $3,000 per night. This includes: delivery, pick up and hire of barricades and signs ($600), 3 traffic control staff for an 8 hour shift ($1,400); 2 security staff for a 6 hour shift ($600); cleaning, including sweeper machine ($400).

The constraints in regards to extended outdoor dining include: an area 4m wide is required for fire and emergency vehicles, existing fences and hedges form a barrier; cars may be parked in the area unless a Special Event Clearway is created at much greater expense; the kerb may be a trip hazard for waiters; the distance from the kitchen to the dining area may become excessive for waiters.

Due to the concerns with the proposal by the NSW Police and the RTA, Council staff met with senior Parramatta Police, including the Commander of the Parramatta Local Area Command, Robert Redfern, and a representative of the Roads and Traffic Authority on 27 October 2010 regarding the proposed closure of Church Street. The Police raise in written correspondence the following concerns regarding the proposal:

(a) International research suggests that the closure of malls and the loss of passive surveillance and monitoring via motor vehicle traffic tend to increase the incidence of crime such as assault, robbery and anti-social behaviour. Crime Prevention by Environmental Design Principles suggests that a shared zone with motor vehicles and pedestrians is less likely to encourage offences of this kind. That was the very basis some years ago for the reopening of the Church Street Mall between George and Phillip Streets. This may be overcome by other environmental design solutions and with high pedestrian traffic flows, however, these are not addressed or contemplated in the current proposal.

(b) If the issue which is trying to be addressed is anti-social behaviour by individuals utilising motor vehicles there is a capacity to address this problem through joint operations including operations with the RTA in the CBD area.

(c) There appears to have been inadequate methodology applied to first identifying the actual problem which exists, (for example anti-social driving), if any, the scope of that problem and the identification of the best possible solution.

(d) While in principal not opposed to any trial, if the trial is to run it should be evidence based. That would require, at a minimum, an appropriate survey completion process to assess any actual problem and the size and scope of the problem; the identification of appropriate comparison data to assess the impact, if any, of the intervention, and a suitable sample size to ensure that the data is reliable. It is accepted that all of this would come at considerable cost. However, if any trial is to be of value these are minimum requirements.

The RTA has also advised that it supports the position of the NSW Police on this matter. It should be noted that Council can not close the road without the concurrence of the RTA.

If Council remains concerned about anti-social driving behaviour in the CBD and more specifically the Church Street dining precent it is recommended that Council can arrange for a traffic survey to obtain information regarding the number of motorists undertaking anti-social behaviour in the restaurant precinct of Church Street as detailed in the Police submission.

Council’s Community Crime Prevention Officer (CCPO) has advised that closing Church Street would not affect other activities associated with the motorists that undertake anti-social driving behaviour in Church Street. These other behaviours include assaults and dangerous driving in other locations. Accordingly, targeting the offenders over a larger area throughout the CBD using programs like Vehicle Defect Operations is supported. The CCPO has also advised that closing Church Street would create a quiet area north of Riverbank Shopping Centre that may become a crime hotspot. It is recommended that Council continue to work with the Police and RTA on carrying out vehicle defect operations in the city centre.

If the level of activity near Lennox Bridge was increased it would improve the level of surveillance in the street and may increase the probability that Police approve the closure in future. In the short term Council could investigate low key entertainment options on the east side of Church Street near Brandsmart (330 Church Street). The entertainment could be in the form of buskers or entertainment paid by Council or the Restaurateurs. Subject to the outcome of the investigation the entertainment could be provided in December 2010.

A part 3a Development Application has also been lodged for a mixed use development at 330 Church street. The development provides an opportunity to provide improved links between the River and Church Street. It also gives an opportunity to provide space that could be used to increase activity in the area and space for entertainment.

Attachments:

There are no attachments for this report.

REFERENCE MATERIAL

Council 22 November 2010 Item 10.3

ENVIRONMENT AND INFRASTRUCTURE

ITEM NUMBER 10.3

SUBJECT Draft Parramatta City Council Climate Extremes Risk Assessment and Adaptation Action Plan

REFERENCE F2010/00355 - D01724530

REPORT OF Project Officer. Environmental Outcomes

PURPOSE:

To seek Council’s endorsement for the public exhibition of the draft Parramatta City Council Climate Extremes Risk Assessment and Adaptation Action Plan.

RECOMMENDATION

a) That the draft Parramatta City Council Climate Extremes Risk Assessment and Adaptation Action Plan be placed on exhibition for 60 days in the Parramatta City (central) Library, branch libraries, the Administration building Customer Service Centre and on Council’s website.

b) Further, that a report be submitted to Council upon completion of the public exhibition period with consideration and assessment of the submissions received.

BACKGROUND

1. The draft Adaptation Plan has been prepared in accordance with principle 4 of the Council adopted Climate Action Plan 2006-2011 which recognises the need for climate mitigation and adaption. It is also consistent with Council’s Twenty25 Strategy (i.e., Strategy N7, Destination 4) highlighting the need to “reduce risk to community due to natural and human made disasters”. It is also supported by the targets and objectives outlined in Council’s Corporate Environmental Policy adopted in November 2009.

2. Adaptation is the primary means of dealing with the unavoidable impacts of climatic extreme risks. It will enable Council to reduce vulnerability and improve business certainty through continuous learning, reflection and forward-looking decision making under various possible future climate realities.

3. A total of $60,000 in funding has been received from the NSW Department of Climate Change, Environment and Water (DECCW) under the Waste and Sustainability Improvement Payment (WaSIP) program. As a condition of receiving this payment, Council must prepare a Climate Adaptation Plan by June 2011.

4. Council engaged consultants Parsons Brinckerhoff to prepare the Adaptation Plan with the primary aim of reducing the risks of expected climatic extremes and variability on Council’s assets, services and community.

Issues/Options/consequences

5. It is intended that the adaptation strategies developed as part of this Climate Adaptation Plan will be integrated into Council’s existing risk management framework e.g., the corporate risk register, business Continuity plan, Strategic Asset Management Plan, Disaster Plan, Flood Plain Risk Management Plans, the Pandemic Plan and insurance considerations with WESTPOOL.

6. The project has followed risk management processes in accordance with Australian Standard AS/NZ 4360:2004 and International Standard ISO 31000.

7. Topics covered within the Plan for the period 2010-2014 include: projections of how climate will change in the LGA by 2050; vulnerability maps indicating the socio-economic capacity of different communities within the LGA to adapt to projected impacts such as storms, floods and heatwaves; priority table of key climatic risks for the LGA; and adaptation strategies to address the risks, including their costs, priority and timeframe.

8. Vulnerability mapping was determined by the relative exposure of each suburb including sensitivity and potential impact, as well as the adaptive capacity of residents within each suburb to cope with the climate extremes.

9. Of the 48 identified risks for Parramatta, the highest priority risks include: more premature deaths from extreme heatwaves; increased lifecycle costs to public and private assets; local extinction of threatened species and more frequent stormwater, river and tidal flooding.

Consultation and timing

10. In July 2010, the consultants conducted three stakeholder workshops involving internal and external representatives from other government agencies and community as part of the process of identifying, prioritising risks and adaptation strategies. In addition, interviews were conducted with 12 Council managers as well as a presentation to Level 3 managers.

11. A Councillor workshop was conducted in October 2010 and attended by Councillors Maitra, Bide, Lloyd and Elmore. A copy of the workshop presentation was forwarded to all Councillors for information the following day.

Financial implication for Council

12. An indicative cost of all identified actions totals $780,000. Actions arising from the Climate Adaptation Plan will be funded through existing budget and new grant opportunities. A State Government precondition of obtaining future WaSIP funding (estimated this year at $831,000) is that Council develop a Climate Adaptation Plan by June 2011.

Natasha Kuruppu Anthony Collins

Project Officer – Environmental Manager Environmental Outcomes Outcomes

Attachments:

1 View

PCC climate adaptation plan draft

159 Pages

REFERENCE MATERIAL

Council 22 November 2010 Item 10.4

ENVIRONMENT AND INFRASTRUCTURE

ITEM NUMBER 10.4

SUBJECT State of the Environment Report 2009/2010

REFERENCE F2004/07645 - D01725106

REPORT OF Manager Environmental Outcomes

PURPOSE:

For Council to note the 2009/10 State of the Environment Report (SoE) which will be incorporated into the Annual Report due with the Division of Local Government by 30 November 2010.

RECOMMENDATION

That Council endorse the State of the Environment Report for inclusion in the 2009/10 Annual Report.

BACKGROUND

1. The Local Government Act 1993 requires councils, ‘to have regard to the principles of ecologically sustainable development in carrying out their responsibilities’. The Act also requires Councils to prepare a State of the Environment. In response, Parramatta City Council prepares a State of the Environment Report (SoE) each financial year in accordance with the Act.

2. The SoE reports on the major environmental pressures that face the Parramatta local government area (LGA) and provides an explanation of the state of the eight environmental sectors; Land, Water, Biodiversity, Noise, Waste, Air Quality and Global Warming, and Indigenous and Non-Indigenous Heritage. Within the SoE, Council explains in detail how the organisation responded to identified pressures facing the City, including the preparation of environmental plans, targeted strategies and the monitoring of performance trends.

Issues/Options/consequences

3. NSW legislation states that SoE reports must comply with the Pressure-State-Response model of environmental reporting where Pressure: Identifies and describes the pressure that human activities put on their immediate environment and their natural surroundings; State: Identifies and describes the current and projected state of the environment; and Response: Identifies and describes the response of councils, government agencies, industry and communities to the pressures on, and state of, the environment.

4. The supplementary State of the Environment Report required by the Department of Local Government by 30 November 2010 should be used as an opportunity to identify how the information currently being collected and reported may inform council’s future planning and reporting for environmental issues. The collection and reporting of this information may need to be modified to meet Council’s need to establish indicators to enable monitoring, evaluation and reporting on environmental objectives that are identified as part of its Community Strategic Plan development process, or for Group 1 councils, that have been identified in their Community Strategic Plans.

Consultation and timing

5. The preparation of the SoE has been a collaborative effort drawing upon the knowledge and expertise of relevant staff from within the following units of Council: City Strategy, Landuse and Transport Planning, City Assets and Environment, Regulatory and Development Services, and Cultural Heritage Programs and Tourism information.

Financial implication for Council

6. The SoE is a report of the environmental initiatives achieved within the 2009/10 financial year. There are no financial implications in endorsing the SoE.

Anthony Collins

Manager Environmental Outcomes

Attachments:

1 View

Supplementary State of the Environment Report

8 Pages

REFERENCE MATERIAL

None.

Council 22 November 2010 Item 11.1

COMMUNITY AND NEIGHBOURHOOD

ITEM NUMBER 11.1

SUBJECT Access Advisory Committee Minutes 19 October 2010

REFERENCE F2005/01944 - D01705333

REPORT OF Community Capacity Building Officer.Community Capacity Building

PURPOSE:

The Access Advisory Committee met on 19 October 2010. This report provides a précis of the key discussion points of that meeting for Council’s consideration.

RECOMMENDATION

(a) That the minutes of the Access Advisory Committee meeting on 19 October 2010 (Attachment 1) are received and noted.

(b) Further, that Council note there is no request for additional expenditure in this report.

BACKGROUND

1. Parramatta City Council’s Access Advisory Committee continues to meet bi-monthly in accordance with the Council Resolution of 28 September 2009.

MAIN DISCUSSION POINTS

2. The Committee was informed by John Moxon, Committee Chair, that just prior to the Committee meeting, a number of its members met with Kati Westlake and Vishal Lakhia (Project Officers, Land Use and Transport Planning) to discuss the Review of Public Domain Details, specifically with regard to access. Members found the work done to date to be comprehensive. Committee members will be invited to a second meeting in November for further discussion of particular issues regarding pavements.

3. Donna Mosford and Victoria Edghill (Project Officers, Social Outcomes) presented information to the Committee regarding a project to improve accessibility of bus stops in the LGA, funded through the Regional and Local Infrastructure Program. A cross functional Council team has been established to determine the criteria for establishing the priority bus stops to be upgraded. The allocated funding allows for the upgrade of 10 – 20 bus stops. The target population groups and areas were discussed, and the Committee made further suggestions for the criteria. Donna Mosford advised that the list of bus stops to be upgraded will be confirmed by the end of the year, and the Committee will be kept informed.

4. The Committee was updated on Council action in response to a request for the construction of a more controlled pedestrian crossing at the corner of Crown and Harris Streets in Harris Park. The results of the traffic counts conducted by Traffic and Transport did not meet RTA criteria for the requested crossing, and therefore it would not be added to Council’s Pedestrian Project List. Vision Australia, who initially submitted a report requesting the crossing change on behalf of people they assist in the area, was sent a report from Traffic and Transport informing the organisation of this outcome. The Committee was also informed of the Council process for consideration of new/changed pedestrian crossings, and that all such changes require an RTA warrant approving the work, which is granted on the basis that it meets RTA criteria.

5. The Committee was informed of the outcomes of the service request for upgrading a section of pavement on Bellevue Street and a request for a pedestrian crossing on Pennant Hills Road in North Parramatta to enable safer access to a bus stop. The service request made by Councillor Bide was actioned, and the Committee was shown a picture of the resurfaced pavement section. A different section of pavement on the street was identified as a hazard by a Committee member, who said they would follow this up with a service request. A traffic count conducted by Traffic and Transport for the identified area on Pennant Hills Road met RTA criteria, and the Traffic and Transport report advised that a funding application for the proposed work will be submitted under the RTA’s Blackspot Program.

6. John Moxon proposed that the Committee hold an information stall on the International Day of People with Disability held in Church Street Mall, with information on access and surveys of people attending to the Day conducted by Committee Members. The Committee resolved to hold the stall, and John Moxon submitted an application for a stall on behalf of the Access Advisory Committee.

7. The Committee was provided with the list of works to be completed with the NSW Community Building Partnership grant that was received by Council for upgrading access to Council facilities.

8. The Committee asked that, should the current review of Lake Parramatta Reserve lead to any plans for redevelopment of the area, the Access Advisory Committee have input into these plans. The Committee requested Council Officer Tanya Owen to obtain further information.

FINANCIAL IMPLICATION FOR COUNCIL

9. There are no financial implications to Council.

Tanya Owen

Community Capacity Building Officer

Attachments:

1 View

Access Advisory Committee Meeting Minutes 19 Oct 2010

6 Pages

REFERENCE MATERIAL

Council 22 November 2010 Item 11.2

COMMUNITY AND NEIGHBOURHOOD

ITEM NUMBER 11.2

SUBJECT IT Community Capacity Building Project

REFERENCE F2010/02185 - D01710082

REPORT OF Grants Project Officer

PURPOSE:

To seek Council’s endorsement of the IT Community Capacity Building project recommendations.

RECOMMENDATION

That Council adopts the recommended allocation of personal computers (PCs) to local not-for-profit organisations as outlined in Attachment 1.

BACKGROUND

1. I.T. infrastructure has been identified as a limitation amongst small to medium non-for-profit organisations and each year Parramatta City Council’s Community Grants program receives a number of grant applications requesting funding to purchase computers.

2. On the 23 August 2010, Council approved a proposal to proactively enhance local service delivery and facilitate the community sector’s engagement with the ParraConnect Initiative by running a one-off project to supply 30 re-furbished PCs from WorkVentures to local not-for-profit organisations, under the WorkVentures’ Connect IT program (Attachment 2).

3. Connect IT offers quality refurbished PCs at affordable prices to people on Centrelink benefits or who are low income earners, schools and not-for-profit organisations. Corporations like The Westpac Group and government departments donate superseded PCs, which are refurbished and loaded with Microsoft Windows XP Professional and Microsoft Office 2007.

4. The IT Community Capacity Building Project was promoted in the following ways:

(i) Parramatta Sun and Parramatta Advertiser on Wednesday 22 October

(ii) The current version of the Community Capacity Building Newsletter, the CCB Update

(iii) Bulk emails to approximately 164 community representatives, community groups and not-for-profit organisations

5. The application period opened on Friday 15 October 2010 and closed 4pm Thursday 28 October 2010.

6. 25 applications were received requesting 108 PCs.

7. An eligibility meeting was held on Monday 1 November 2010 attended by staff from Council’s Community Capacity Building Team to check the applications against the criteria as outlined in the application form (Attachment 3) which included:

(i) The organisation is located in or primarily seeks to benefit residents of the Parramatta Local Government Area

(ii) Applicant is a Not-For-Profit organisation

(iii) The PC/s must be available in a location that is accessible to the whole organisation

(iv) Applicant must have or be able to obtain appropriate insurance to cover the PC/s e.g. Public Liability Insurance

(v) The organisation must be open to the general community without discrimination in accordance with the Anti-Discrimination Act

(vi) Annual turnover of the organisation will be considered

8. An assessment panel was held with Arsenio Alegre, CEO of WorkVentures and Sue Coleman, Group Manager City Services (Parramatta City Council CEO’s delegate) on Tuesday 2 November 2010 (Lord Mayor was unable to attend). The assessment panel gave priority to applications that were requesting PCs to build the organisation’s capacity and enhance service delivery and where organisations will use PCs immediately for client access and programs.

ISSUES/OPTIONS/CONSEQUENCES

9. A review of the assessment outcomes indicated that the recommended PC allocations are evenly split between the primary purpose being to support the capacity of the organisations and building on or expanding existing services offered to clients and community. Recommendations for the allocation of PCs are outlined in Attachment 1.

CONSULTATION & TIMING

10. The Lord Mayor has been invited to present the successful applicants with a software and installation package at a presentation ceremony scheduled for 8 December 2010 at Riverside Theatres.

11. The application forms advised applicants that the PCs would be distributed between the 13 and 17 December 2010.

FINANCIAL IMPLICATION FOR COUNCIL

12. The total cost of purchasing the 30 PCs is $13,350 including GST and delivery. At the Council Meeting on 23 August 2010 Council resolved to approve this expenditure from the Community Capacity Building Team’s operational budget. No additional funding is required to implement the recommendations of this report.

Rebekah Richards

Grants Project Officer

Attachments:

1 View	Attachment 1 - IT CCB Project Recommendations	4 Pages
2 View	Attachment 2 - IT CCB Project Proposal	4 Pages
3 View	Attachment 3 - IT CCB Project Appliction Form	4 Pages

REFERENCE MATERIAL

Council 22 November 2010 Item 11.3

COMMUNITY AND NEIGHBOURHOOD

ITEM NUMBER 11.3

SUBJECT Aboriginal and Torres Strait Islander Advisory Committee Meeting 26 October 2010

REFERENCE F2005/01941 - D01713002

REPORT OF Community Capacity Building Officer

PURPOSE:

The Aboriginal and Torres Strait Islander Advisory Committee met on 26 October 2010. This report provides a précis of the key discussion points of that meeting for Council’s consideration.

RECOMMENDATION

(a) That the minutes of the Aboriginal and Torres Strait Islander Advisory Committee of 26 October 2010 be received and noted.

BACKGROUND

1. Council’s Aboriginal and Torres Strait Islander Advisory Committee meets monthly and comprises of 15 members.

2. Council’s Aboriginal and Torres Strait Islander Advisory Committee met on 26 October 2010. This report provides a summary of the key discussion points of that meeting for Council’s consideration.

ISSUES/OPTIONS/CONSEQUENCES

3. The main issues discussed at the meeting are outlined below.

4. Parramatta Sand Body

The Committee welcomed guest speakers from the Department of Planning (Heritage Branch): Tracy Appel and Tanya Koeneman who provided a presentation on the proposal to list the Parramatta Sand Platform (Body) on the State Heritage Register.

(a) The Parramatta Sand Body is a large natural expanse that sits under the Parramatta Central Business District (CBD).

(b) The Sand Body reveals Aboriginal lifestyle over thousands of years and is rich in Aboriginal artefacts: over 6,500 artefacts had been recovered from the Meriton and RTA sites. There has been a cumulative loss of the Sand Body through the various developments in the CBD.

(c) The Sand Body is unique and has great conservation potential. The listing of it on the State Register indicates the cultural significance on the Sand Body to Aboriginal people. It will also provide an opportunity for greater education and awareness of Aboriginal occupation in Parramatta and be a tangible link to Aboriginal ancestors.

(d) The nomination is currently being prepared by the Department of Planning. Sites to be included in the nomination are Robin Thomas Reserve, part of James Ruse Reserve, and the front garden and adjacent parkland of Hambledon Cottage. Initial discussions are being held with Council as the landowner.

(e) The nomination can be made by the owner, general community or government departments. Following nomination Auger hole testing will be carried out to determine the extent of the Sand Body across the proposed sites.

(f) Committee members were invited to comment on the nomination and it was agreed that a draft copy of the Aboriginal Cultural Assessment Report would be forwarded to each member. It was noted that members had until the 22 November 2010 to comment.

(g) Committee members requested that the officers from the Department of Planning (Heritage Branch) inform them whether Lake Parramatta has been nominated for the State Heritage Register. If it has not been nominated, the Committee would discuss nominating it.

Officers comment:

The NSW Department of Planning proposal was reported to Council through the Heritage Advisory Committee Council Report in September 2010. A further report will be brought to Council through the same Advisory Committee when sufficient information is available.

5. General Business and Information Share

(a) Employment of Aboriginal Workers

The Committee discussed the regeneration works being undertaken by Council contractors at Lake Parramatta Reserve. It was recommended that Council consider the employment of young Aboriginal workers through appropriate programs rather than engaging private contractors.

(b) Parramatta Girls Home

The Local Government Aboriginal Network Conference 2010 site visit to the Parramatta Girls Home was discussed: A number of women attending had been distressed and it was requested that Council’s Community Capacity Building Team work in consultation with these women to arrange a Smoking Ceremony.

A Committee member raised the difficulties Aboriginal families in the area were experiencing in finding affordable preschools for their children. It was noted that some Primary Schools have preschools attached to them which were affordable. However, preference was given to children who lived within the school’s catchment area. It was agreed that Council Officer Maggie Kyle would seek further information on the pre schools.

(d) Upcoming events of interest

The Committee was advised of two events scheduled for late October: A Reconciliation in Parliament Session that would focus on Juvenile Justice and a forum on Aboriginal Employment under the Community Development Employment Program in the Northern Territory.

(e) Darug Language Project

The Committee was advised that the Darug Language Project had been launched and that information was available at the website www.dharug.dalang.com

FINANCIAL IMPLICATION FOR COUNCIL

6. There are no financial implications to Council.

Maggie Kyle

Community Capacity Building Officer

Attachments:

1 View

Minutes Aboriginal and Torres Strait Islander Advisory Committee Meeting 26 October 2010

6 Pages

Council 22 November 2010 Item 11.4

COMMUNITY AND NEIGHBOURHOOD

ITEM NUMBER 11.4

SUBJECT Fee for Advertising of External Recreation Services

REFERENCE F2010/02740 - D01725062

REPORT OF Recreation Development Officer.Recreation Services

PURPOSE:

To seek Council’s approval to adopt the fee for external recreation service providers to advertise within the Parramatta City Council School Holiday Guide

RECOMMENDATION

(a) That Council receive and note this report

(b) Further that, Council adopt the fee of $150.00 per advertisement per edition for advertising by external recreation service providers within Council’s School Holiday Guide

BACKGROUND

1. At it’s meeting on 27 September, Council approved to place the “fee for external recreation service to advertise within the Parramatta City Council School Holiday Guide” on public exhibition for a minimum of 28 days.

2. The Parramatta City Council School Holiday Guide (guide) has been developed by Council and distributed to the community for more than 10 years. The guide incorporates children’s, youth and family activities during school holiday periods which are promoted and coordinated by the Recreation Programs and Services team (City Culture, Tourism and Recreation) and Libraries (Community, Libraries and Social Services).

3. A recent survey conducted by the Recreation Programs and Services team, of families who have previously enrolled in Councils school holiday programs found strong support for Council to investigate, develop or promote school holiday programs coordinated by external providers within/outside the Parramatta LGA.

4. Over the past couple of years, approximately 6,000 copies of the guide were printed and distributed through schools and Council outlets for each quarterly program. This distribution was increased significantly for the October program, with an additional 8,000 brochures printed and distributed to public and private, primary and high schools. This increased distribution is an attractive benefit to potential advertisers and supports Council’s outcome of maximising the promotion of opportunities for participation in activities.

5. Introducing advertising of non-Council youth activities in the guide could increase its usefulness for families and provide an opportunity to fund a significant increase in the printing and distribution of the guide.

CONSULTATION & TIMING

6. The proposed Fees and Charges were placed on public exhibition from 13 October 2010 to 9 November 2010.

7. Public Notices were placed in the Northern District Times, Parramatta Advertiser and Auburn Review on 13 October 2010.

8. Notification was placed on Council’s website within the ‘On Public Exhibition’ section.

9. Public Notices were displayed at Council’s Customer Service in addition to Parramatta Library and Council’s 5 branch libraries.

10. During this period Council received nil submissions from the public regarding the proposed fee.

FINANCIAL IMPLICATION

11. The fee for external recreation service providers would be implemented in the upcoming December / January School Holiday Program.

12. The additional production costs for including external advertising is negligible and can be accommodated with existing resources. The additional revenue will offset the costs of increased marketing and provide an opportunity to increase program delivery, with the outcome of increasing participation in school holiday activities.

Simone Barrett

Recreation Development Officer

Attachments:

1 View

Public Notice Advertising Fee

1 Page

REFERENCE MATERIAL

Council 22 November 2010 Item 11.5

COMMUNITY AND NEIGHBOURHOOD

ITEM NUMBER 11.5

SUBJECT Expressions of Interest for the Construction and Operation of a Recreation Facility, being an all Weather Soccer and Multi Use Sporting Court Complex at Barton Park
Tender Number 36/2009

REFERENCE F2009/02502 - D01692581

REPORT OF Property Program Manager

PURPOSE:

The purpose of this report is recommended that Council commence a new tender process.

RECOMMENDATION

(a) That Council terminates the current tender for the construction and operation of a recreation facility at Barton Park (tender 36/2009).

(b) That Council commence a new tender process for the construction and operation of a recreation facility, being an all weather soccer and multi use sporting court complex at Barton Park.

(c) Further that, if the recommendation to terminate and retender is approved, that all tenderers which submitted a tender application (for tender 36/2009) be formally advised of Council’s decision to terminate the tender and to retender the project.

BACKGROUND

1. Council, at its meeting of 20 October 2008, resolved to invite expressions of interest in this matter. Expressions of interest received were reported to Council’s meeting of 24 August 2009 and Council resolved that all three (3) submitters be invited to tender. The preparation of the tender documentation has taken far longer than originally anticipated and a recommendation has been received that Council consider re-commencing the tender process. This report examines the history of the matter and recommends that the process be re-commenced.

2. The history of the matter up to the 20 October 2008 can be seen at Attachment 1, which is the report which recommended that tenders be invited, together with a location plan. In short Council received approaches from an organisation seeking to lease a Council sportsground in order to establish a series of all weather (synthetic grass) mini soccer fields. Subsequently Council was approached by another party, wishing to establish multi-purpose facilities on the Reserve. In view of the multiple approaches and of the requirements of the Local Government Act it was decided that a tender process would be necessary for the proposal to be advanced.

3. Following the meeting of 20 October the submitters were advised of Council’s decision and that the tender documentation would be prepared and tenders invited.

4. The preparation of the tender documents required addressing a number of issues relating to the site such as:

a. The majority of the tender site is Crown land requiring consultation with and the agreement from the NSW Land and Property Information (LPMA) (formerly Department of Lands) on the purpose of and lease agreement for the proposal

b. Providing for existing users

c. Consulting with the surrounding neighbourhood

d. LEP restrictions on subdivision of open space

e. Dealing with the implications of the Telco lease granted by the LPMA

f. Having regard to Sydney Water’s installation of a sewerage recycling pipeline within the Reserve

g. Detailing the facility requirements, their standards and security issues

h. Other matters.

5. Due to the extensive investigation and consultation required for these matters it was considered appropriate to address these matters once there was reasonable certainty that would be sufficient interest in the subject proposed development. This was only established upon receipt of the Expressions of Interest.

6. While every effort has been made to develop the tender documentation as quickly as possible no real progress could be made until all relevant feedback and approval had been received from the LPMA. This was received in July.

7. In July Council’s Probity Advisor raised preliminary concerns about the time taken to develop the tender documentation. These concerns were discussed further with the Probity Advisor who subsequently provided some written advice which was discussed with Council’s Legal Counsel and further written advice was sought from the Advisor. The matter was discussed at several Assessment Panel meetings and at its meeting of 26 August it was decided that a report should be submitted to Council recommending that the process should be recommenced. The major consideration in the decision was that fairness, impartiality and transparency should be demonstrated in the tender process.

8. The Probity Advisor’s letter can be seen at Attachment 2.

ISSUES/OPTIONS/CONSEQUENCES

9. As referred to above it is important to demonstrate that all proper processes have been followed. The issues raised by the Probity Advisor have been addressed and consideration has been given to the questions raised such as value for money, impartiality, transparency and accountability. Council is entitled to commence a new tender process.

CONSULTATION & TIMING

10. Consultation and communication has been had with Council’s solicitor, Probity Advisor, the NSW LPMA, Sydney Water and Council’s Legal Counsel.

FINANCIAL IMPLICATION FOR COUNCIL

11. Should the matter proceed to a successful conclusion there would be an additional sporting facility for residents plus an annual income by way of a lease rental.

Paul Burne

Property Program Manager

Attachments:

1	Attachment 1 - previous report	7 Pages
2 View	Attachment 2 - Probity Advice	4 Pages

REFERENCE MATERIAL

Council 22 November 2010 Item 12.1

GOVERNANCE AND CORPORATE

ITEM NUMBER 12.1

SUBJECT Presentation of 2009/10 Financial report to the Public

REFERENCE F2009/01832 - D01665173

REPORT OF Manager Finance

PURPOSE:

To present the 2009/10 Financial Report and Auditors Report to the public.

RECOMMENDATION

That the 2009/10 Financial Report and the Auditors Report be received and presented to the public.

BACKGROUND

1. The Council is required to present the 2009/10 Financial Report and Auditors Report to the General Public in accordance with the provisions of the Local Government Act 1993.

2. The Council at its meeting held on the 18 October 2010 received the auditors Report from its Auditors PricewaterhouseCoopers and adopted the Financial Report. The reports have also been submitted to the Division of Local Government as required under the Local Government Act 1993.

3. The 2009/10 Financial Report and Auditors Report was placed on public exhibition at the Darcy Street Administrative Building and the Parramatta City Library. An advertisement was placed in the local newspaper on 10 November 2010 advising that the reports would be presented to the public at the Council meeting of 22 November 2010 and inviting submissions on the reports to be received by 29 November 2010.

4. A copy of the Auditors Report and the previous report to Council is attached for Councillors information.

5. The Council must ensure that copies of all submissions received by it are referred to the auditor, and may take such action as it considers appropriate with respect to any such submission, including the giving of notice to the Director-General of any matter that appears to require amendment of the Council’s financial reports.

6. The Auditors in their 2009/10 report state that all indicators are better than accepted industry benchmarks and reflect a sound and stable financial position.

CONCLUSION

7. The presentation of the Council’s 2009/10 Financial Report and the Auditors Report to the public at the Council meeting of the 22 November 2010 will ensure that Council meets its statutory obligations in respect of financial reporting.

Alistair Cochrane

Manager Finance

Attachments:

1 View	Auditor's Report - Section 417(2) -	1 Page
2 View	Report on the Conduct of the Audit for Year Ended 30 June 2010-Section 417(3) -	4 Pages
3 View	Independant Auditor's Report	1 Page
4 View	Previous Report to Council on 18 October 2010	5 Pages

REFERENCE MATERIAL

Council 22 November 2010 Item 12.2

GOVERNANCE AND CORPORATE

ITEM NUMBER 12.2

SUBJECT Fees and Charges following the Services Review

REFERENCE F2009/02419 - D01674613

REPORT OF Manager Finance

PURPOSE:

To seek Council’s approval to publicly exhibit proposed fees and charges following the Services Review.

RECOMMENDATION

That Council approves the public exhibition for a 28 day period of a proposal for the introduction of the following new fees and charges as a result of the Service Review.

Description	Fees & Charges per Unit
Microchip Fee Normal Rate	$31.80
Microchip Fee Pensioner Rate	$22.75
Pound Release Morton St Depot	$9.10
Outstanding Notices Certificate Noxious Weeds	$118.70
Commercial and Residential customers / Replacement 240 litre bin	$60
Commercial and Residential customers / Replacement 140 litre bin	$55
Line marking of Driveways	$200

BACKGROUND

Outlined below are the new fees proposed to be introduced following the ‘Services Review’. The fees aim to better reflect the cost of providing services and takes into account the impact on service levels and volume of services provided.

New fees as per Service Review

Description	Fees & Charges per Unit	GST (Y/N)	Qty	Total income Rounded to nearest ($000) Excl GST
Microchip Fee Normal Rate	$31.80	Yes	1572	$50,000
Microchip Fee Pensioner Rate	$22.75	Yes	1319	$30,000
Pound Release Morton St Depot	$9.10	Yes	1099	$10,000
Outstanding Notices Certificate Noxious Weeds	$118.70	No	42	$5,000
Commercial and Residential customers / Replacement 240 litre bin	$60	Yes	83	$5,000
Commercial and Residential customers / Replacement 140 litre bin	$55	Yes	454	$25,000
Line marking of Driveways	$200	Yes	5	$1,000

The Service Review has also proposed the introduction of a fortnightly commercial recycling annual charge. This annual charge will commence on 1^st July 2011 and be dealt with as part of the 2011/12 determination of rates, fees and charges. Anticipated 2011/12 income is $49,000 per annum.

CONSULTATION & TIMING

The proposed fees will be advertised in the three newspapers circulated in the City area and also placed on Council’s website. Submissions on the proposed fees and charges will be invited and those submissions will be reported to Council prior to Council making its final determination of the fees and charges.

FINANCIAL IMPLICATION FOR COUNCIL

The implementation of the above changes is expected to provide an additional annual revenue of $126,000 for a 12 month period.

Alistair Cochrane

Manager Finance

Attachments:

There are no attachments for this report.

REFERENCE MATERIAL

Council 22 November 2010 Item 12.3

GOVERNANCE AND CORPORATE

ITEM NUMBER 12.3

SUBJECT Report of Audit Committee Meetings

REFERENCE F2008/02951 - D01702492

REPORT OF Service Auditor

PURPOSE:

This report provides a summary of the discussions at the Audit Committee meetings held in May 2010, August 2010 and October 2010.

RECOMMENDATION

(a) That the Minutes of the Audit Committee meeting held on 27 May 2010 (Attachment 1) be received and noted.

(b) That the Minutes of the Audit Committee meeting held on 26 August 2010 (Attachment 2) be received and noted.

(c) Further, that the Minutes of the Audit Committee special meeting held on 7 October 2010 (Attachment 3) be received and noted.

BACKGROUND

1. Arising from Council resolution on 25 February 2008 an Audit Committee was established comprising three Councillors and two independent Community Representatives. The current Charter of the Audit Committee was adopted by Council on 27 April 2010.

2. The current councillor members of the Audit Committee are Councillors, A Wilson, J. Finn and M McDermott. The current independent Community Representatives of the Audit Committee are Mr Neil Adams and Mr Mike Barry. The Chief Executive Officer, Council’s auditors and other Council officers are invited to Audit Committee meetings. This approach is consistent with refreshed Internal Audit Guidelines issued by the Division of Local Government in September 2010.

KEY TOPICS

3. The key topics considered at the meeting of the Audit Committee held on 27 May 2010 were:

(a) The audit report in respect of cash handling and accounting controls at Council’s swimming centres. The Audit Committee requested further updates on the implementation of the audit report recommendations.

(b) The risk analysis for the Civic Place project. The Audit Committee requested that a review of the risk assessment for the Civic Place project be included in the Internal Audit Plan.

(c) The engagement of the Internal Audit Bureau (IAB Services) to undertaken a review of the adequacy of the current Internal Audit Plan and make recommendations about a new Internal Audit Plan for the next 3 years. The Audit Committee also endorsed the proposal to engage IAB Services to undertake some planned internal audit duties.

(d) The endorsement of the revised Audit Committee Charter that was adopted by Council at its meeting on 27 April 2010.

4. The key topics considered at the meeting of the Audit Committee held on 26 August 2010 were:

(a) The Enterprise Risk Management (ERM) approach developed by Council and the approach being used for its implementation.. The Audit Committee requested an update of the implementation of ERM on a six (6) monthly basis.

(b) The procurement practices and tendering processes followed by Council. The Audit Committee requested for a memorandum be circulated to all Councillors outlining the processes involved in the determination of tenders and obligations of Councillors in considering tender evaluation reports.

(c) The requirements of the Government Information Public Access Act (GIPA Act) on the disclosure of contract information to the public and requested for a presentation of the implementation of GIPA Act.

(d) A follow up report about cash collections at Council car parking stations. The Audit Committee requested a further update report in relation to revenue reconciliation.

5. There was a special meeting of the Audit Committee held on 7 October 2010 to considered Council’s 2009/2010 Annual Financial Reports. The Committee recommended the audited Financial Reports to be presented to Council.

FINANCIAL IMPLICATION FOR COUNCIL

6. There are no financial implications for Council arising from this report.

Emily Tang Maurice Doria

Service Auditor General Counsel

Attachments:

1 View	Minutes of Audit Committee 27 May 2010	8 Pages
2 View	Minutes of Audit Committee 26 August 2010	8 Pages
3 View	Minutes of Audit Committee 7 October 2010	3 Pages

Council 22 November 2010 Item 12.4

GOVERNANCE AND CORPORATE

ITEM NUMBER 12.4

SUBJECT Quarterly Review Septermber 2010 - Delivery program and Operational plan 2010/11

REFERENCE F2010/02199 - D01710687

REPORT OF Manager Finance

PURPOSE:

To provide the September 2010 Quarterly Review of the 2010/14 Delivery Program and 2010/11 Operational Plan.

Council is one of the Group 1 Councils that elected to introduce the new Integrated Planning and Reporting requirements from 1 July 2010.

Section 403 of the Local Government Act requires the General Manager (Chief Executive Officer) to provide progress reports to the Council, with respect to the principal activities detailed in the Delivery Program, at least every 6 months.

Clause 203 of the Local Government Regulation requires the Responsible Accounting Officer (Manager Finance) to prepare and submit to the Council a budget review statement that shows, by reference to the estimates of income and expenditure set out in the Operational Plan, a revised estimate of the income and expenditure for the year.

The budget review statements and a revision of estimates within the Operational Plan must be reported to Council within two months after the end of each quarter (except the June quarter).

The Responsible Accounting Officer is also required to report as to whether or not he believes the financial position of the Council is satisfactory, having regard to the original estimate of income and expenditure.

RECOMMENDATION

(a) That Council adopt the Chief Executive Officer’s September 2010 Quarterly Review of the 2010/14 Delivery Program and 2010/11 Operational Plan. (Attachment 1).

(b) Further, that Council adopt the Responsible Accounting Officer’s report on the financial position of the Council and the revised estimates of income and expenditure as detailed in Attachment 1.

BACKGROUND

1. The attached September 2010 Quarterly Review contains the Chief Executive Officer’s progress report on the principal activities contained within Council’s 2010/14 Delivery Program and 2010/11 Operational Plan. The Review is presented under the Four Pillars format adopted by Council.

· Environment & Infrastructure

· Community & Neighbourhoods

· Economy & Development

· Governance & Corporate

2. The Review details, at page 45-46, the actual income and expenditure results for the year to September compared to the budget previously adopted by Council and revised forecasts for the full year. The Responsible Accounting Officer’s Report, on page 5-6 of the Review, includes an analysis of the year to date result and the reasons for the major variances from the previously adopted budget.

3. The September 2010 Quarterly Review was considered at a workshop on 15 November 2010. Any proposals from the workshop will be incorporated as an addendum to this document to be considered at the Council meeting.

ISSUES/OPTIONS/CONSEQUENCES

4. Relevant issues/options/consequences are noted within the Quarterly Review document.

CONSULTATION & TIMING

5. Consultation has taken place with all relevant staff that have Delivery Program and Operational Plan and budgetary responsibilities.

FINANCIAL IMPLICATION FOR COUNCIL

6. Details of the financial implications are contained within the Review.

Alistair Cochrane

Manager Finance

Attachments:

September Quarterly Review 2010 - Hard copy will be provided under separate cover

REFERENCE MATERIAL

Council 22 November 2010 Item 12.5

GOVERNANCE AND CORPORATE

ITEM NUMBER 12.5

SUBJECT Investments Report for September 2010

REFERENCE F2009/00971 - D01716616

REPORT OF Manager Finance

PURPOSE:

To inform Council of the investment portfolio performance for the month of September 2010.

RECOMMENDATION

That Council receives and notes the investments report for September 2010.

BACKGROUND

1. In accordance with clause 212 of the Local Government (General) Regulation 2005, a report setting out details of all money invested must be presented to Council on a monthly basis.

2. The report must include a certificate as to whether or not the investments have been made in accordance with the Act, the Regulations and the investment policy of Council.

ISSUES/OPTIONS/CONSEQUENCES

3. The closing balance of Council’s investment portfolio as at the 30th September 2010 was $77.9M (Previous Month $68.9M).The weighted average Funds held throughout the period was approximately $81.3M.

4. Councils overall investment holdings increased due to late receipts from the August 2010 rates instalment.

5. Council holds a diversified range of investment products which include:

· Managed Funds

· Term Deposits (Including Investment – Loan offsets)

· Floating Rate Notes

· Cash at call

· Senior Debt Bonds

Council engages CPG Research and Advisory for assistance in all investment matters relating to advice, risk and portfolio weighting.

6. The weighted average interest rate on Council’s investments for the month of September 2010 versus the UBSA Bank Bill Index is as follows:

Monthly Annualised

Total Portfolio 0.59% 7.03%

Funds Managers 0.77% 9.24%

UBSA Bank Bill Index 0.38% 4.61%

Councils return for the September quarter was 6.67% versus the UBSA of 4.17%

NB: Annualised rates are calculated on a compounding basis assuming that the interest returns are added to the initial investment amount and reinvested

7. Council’s overall portfolio outperformed the bank bill index by 2.42%. The favourable return is due to the continued strong performance of the CFS Global Credit Income Fund which had an annualised return of 12.81% for September.

8. Term deposits now make up 51% of total holdings and range from 6.10% to 7.40%. Terms to maturity fall between 30 days & 3 years.

9. The Summary of Investment Portfolio Report (Attachment 2 page 1), has now been adjusted to show total holdings by category for each of the investment types.

These Include totals for:

· Working Capital (Fund at call)

· Frozen Managed Funds

· Available Managed Funds

· Term Deposits

· Bonds

· Floating Rate Notes

· Offsets

10. The following details are provided on the attachments for information:

Graph – Comparison of average funds invested with loans balance

Graph – Average interest rate comparison to Bank Bill Index

Graphs – Investments and loans interest compared to budget

Summary of investment portfolio

11. The Certificate of Investments for September 2010 is provided below:

Certificate of Investments

I hereby certify that the investments for the month of September 2010 have been made in accordance with the Act, the Regulations and Council’s Investment Policy.

12. There is no standard report attachment - detailed submission - attached to this report.

Alistair Cochrane

Manager Finance

Attachments:

1 View	Investments & Loans - Performance	1 Page
2 View	Summary of Investments Portfolio	2 Pages

REFERENCE MATERIAL

Council 22 November 2010 Item 13.1

NOTICE OF MOTION

ITEM NUMBER 13.1

SUBJECT Long Term Financing

REFERENCE F2009/00971 - D01728806

REPORT OF Councillor A A Wilson

To be Moved by Councillor A A Wilson

Note: This notice of motion was deferred from the Council (Development) Meeting on 8 November 2010.

It is hereby moved that Parramatta City Council prepare a report; examining our long term financing with a view to using access to the NSW Coalition's billion dollar infrastructure financing fund in the event of a coalition victory in NSW.

BACKGROUND

The NSW Opposition Leader and Shadow Minister for Western Sydney Barry O'Farrell has announced that a NSW Liberals & Nationals Government will unlock up to $1 billion in funds for local councils to upgrade urban and economic infrastructure for local roads, community halls, libraries, parks, sports grounds and water.

The NSW Liberals & Nationals will:

· Conduct a council-by-council audit of the local infrastructure backlog, so there is better information on where investment is needed;

· Require NSW Treasury to provide an annual benchmark assessment of the appropriate gearing level for each council based on an audit of their finances;

· Establish a Local Infrastructure Renewal Scheme that will provide interest subsidies to local councils to assist in the cost of debt;

· Require NSW Treasury to assess and approve applications for funding under the Scheme, including appropriate repayment schedules; and,

· Request grants or loan guarantees from the Commonwealth Government for those councils with existing moderate to high debt levels.

Borrowing will be limited to the building or renewal of economic and urban infrastructure projects and only where local government is able to responsibly manage those borrowings.

The interest rate subsidy will be equivalent to 50% of NSW Government bond rate at a cost of $70 million over four years.

Comments

At 30 June 2010 Council had loan borrowings of $85.4M comprising Civic Place borrowings $55M and other loans $30.4M. The debt service ratio for 2009/10 was 7.3%. Civic Place loans are interest only loans so there is no impact on the debt service ratio from a repayment of principal.

In 1996 Council adopted a policy to restrict new annual borrowings so as not to exceed the amount of principal to be repaid in the same financial year. This had the effect of ensuring that the level of debt did not increase. In 2001/02 Council adopted a one-off strategy to borrow an additional $15M over 3 years to fund major capital projects (The Big Seven Capital Projects) and in 2002/04 borrowed $55M for Civic Place property acquisitions. With those exceptions, Council has continued its policy of not borrowing more than it repays in a financial year. This policy has been maintained in Council’s Long Term Financial Plan (LTFP) as has a Key Performance Indicator of maintaining a debt service ratio of less than 8%.

The LTFP forecasts continuing high levels of debt due to Civic Place commitments with estimated borrowings in 2019/20 of $52M (Civic Place $31M, Other $21M).

Entering into additional borrowings, outside the LTFP’s projections, with the accompanying additional interest charges (even at subsidised rates) would impact on Council’s strategy of achieving a balanced operating result by 2014/15 and moving into surpluses in the following years.

The Coalition’s policy would be advantageous if it enabled Council to access its projected LTFP future borrowings at subsidised interest rates. The LTFP has assumed interest rates on future variable rate loans at 7%. Any subsidy that reduced the rate to less than 7% would have a positive impact on Council’s operating results in the LTFP - so long as the subsidy continued.

If Council was determined under the Coalition proposal to be a Council with moderate to high debt levels, as is likely, then it would be advantageous if Commonwealth grants in lieu of projected borrowings could be obtained. However this is outside the current coalition policy.

Attachments:

There are no attachments for this report.