Agenda of Council (Development)

COUNCIL CHAMBERS

The Lord Mayor Clr Lorraine Wearne -

Lachlan Macquarie 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 John Chedid – Elizabeth Macarthur 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, Deputy Lord Mayor – Lachlan Macquarie Ward
Clr Prabir Maitra – Arthur Phillip Ward			Clr Andrew Bide – Caroline Chisholm Ward
Clr Julia Finn – Arthur Phillip Ward	Clr Michael McDermott - Elizabeth Macarthur Ward	Clr Antoine (Tony) Issa, OAM MP – Woodville Ward	Clr Chiang Lim– Arthur Phillip Ward

Staff

GALLERY

Council (Development) 9 July 2012

TABLE OF CONTENTS

ITEM SUBJECT PAGE NO

1 CONFIRMATION OF MINUTES - Council – 25 June 2012

2 APOLOGIES

3 DECLARATIONS OF INTEREST

4 Minutes of Lord Mayor

5 Petitions

6 Public Forum

7 DEVELOPMENT APPLICATIONS TO BE BROUGHT FORWARD

8 Reports - Domestic Applications

8.1 320 Church Street, Parramatta
(Lot 1 DP 217677) (Arthur Phillip Ward)

9 Reports - Major Applications

9.1 23 Elizabeth Street (Former PCC Granville Depot) Granville (Lot 100 DP 1168741) (Woodville Ward)

9.2 1-5 Chestnut Avenue & 6-8 Burke Street, Telopea
(Lot 101 DP 36691, Lot 102 DP 1691, Lot 103 DP 36691, Cor Lot 124 DP 36691 & Lot 123 DP 36691) (Elizabeth Macarthur Ward)

9.3 3 Ferndell Street , South Granville NSW 2142
LOT 2 DP 530345
( Woodville Ward)

9.4 140-142 Kissing Point Road Dundas (Lot 7 and Lot 8 DP 705877)

9.5 11-15 Dixon Street Parramatta (Lots 20, 21, and 22 DP 1620)

10 Notices of Motion

10.1 Review of Disabled Parking Spaces and Footpaths

10.2 Incentives for Rooftop Gardens in Apartment Buildings

11 Economy and Development

11.1 Variations to Standards under SEPP 1

11.2 Draft DCP and VPA 2-12 River Road West, Parramatta

11.3 Review of the Rosehill Master Plan

12 Environment and Infrastructure

12.1 Parramatta Free Shuttle Bus Service

13 Community and Neighbourhood

13.1 Smoking in Public Places Policy and Outdoor Dining Policy - Update

14 Closed Session

14.1 Tender for Planning Services - ITT 10/2012

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 Legal Matters Monthly Report to Council

This report is confidential in accordance with section 10A (2) (g) of the Local Government act 1993 as the report contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

15 DECISIONS FROM CLOSED SESSION

16 QUESTION TIME

Council (Development) 9 July 2012 Item 8.1

DOMESTIC APPLICATION

ITEM NUMBER 8.1

SUBJECT 320 Church Street, Parramatta
(Lot 1 DP 217677) (Arthur Phillip Ward)

DESCRIPTION Alterations and additions to a commercial building, fitout and use of tenancy as a restaurant with 334 seats, including outdoor dining and signage

REFERENCE DA/218/2012 - Submitted 13 April 2012

APPLICANT/S Marrace Pty Ltd

OWNERS Marrace Pty Ltd

REPORT OF Manager Development Services

DATE OF REPORT

27 June 2012

REASON FOR REFERRAL TO COUNCIL

The application has been referred to Council as it proposes works on Council owned land.

EXECUTIVE SUMMARY

The application seeks approval for alterations and additions to a commercial building by constructing two mezzanine levels with a combined floor area of 177 sqm. Approval is also sought for the fit out and use of the tenancy as a restaurant with 334 seats, including outdoor dining and signage. The tenancy is located on the ground floor of a building that is currently vacant.

The use is defined as a ‘restaurant’ and is permissible under the B4 Mixed Use zoning applying to the land.

The application involves an internal fitout comprising kitchen, bar, two mezzanine areas and improvements to the exterior façade including a rust finished laser cut screen applied to the building façade above the awning and backlit with a strip of LEDs.

The application proposes 198 seats in the indoor seating area and 80 seats in the mezzanine seating area, providing a total of 278 seats indoors. The outdoor dining area is to contain 56 seats. In total the proposal comprises 334 seats.

The outdoor dining area is proposed to be located on Church Street using the on street parking spaces in front of the site through the construction of a platform. No details have been provided regarding the platform. The car parking bay currently provides space for 4 cars. The application has been reviewed by Council’s Traffic Engineer and the outdoor dining component is not supported due to the loss of 4 car spaces in a high demand area, the loss of revenue from the car spaces (approx $40,000 a year) and the use of public land for a private use. The application provides 5 car spaces at the rear of the site for staff but will be relying on on-street parking in the surrounding streets and car parking stations for patrons visiting the restaurant. It is considered the application would be satisfactory if the outdoor dining area is removed as the proposal is reduced by 56 seats and 4 car spaces would be available directly in front of the site.

The proposed hours of operation are Sunday to Thursday – 10:00 am to midnight, and Friday and Saturday – 10:00 am to 1:00 am. Council’s Community Crime and

Prevention Officer and the Parramatta Licensing section of the NSW Police both reviewed the application and raised concern regarding the extended trading hours and consumption of alcohol. As such the extended trading hours to 1am on Friday and Saturday nights has been recommended for a trial period of two years. Additional conditions require the service of alcohol only with a meal and the availability of meals up to 30 minutes prior to closing, to address these concerns and to ensure the primary purpose of the restaurant is the sale of food.

In accordance with Council’s Notification DCP, owners and occupiers of surrounding properties were given notice of the application for a 14 day period between 20 April and 4 May 2012. In response no submissions were received.

The use and fitout for a restaurant is consistent with the objectives of the Parramatta City Centre LEP 2007, City Centre DCP 2007 and SEPP 64. The likely impacts of the use and fitout have been assessed and are considered to be compatible with the character of existing commercial developments in the surrounding area, subject to conditions. However the outdoor dining component cannot be supported and is recommended to be removed from the plans.

Accordingly, the application is recommended for approval subject to conditions.

RECOMMENDATION

(a) That the outdoor dining component of the application be deleted from the plans, and

(b) That Council as the consent authority grant development consent to Development Application No. DA/218/2012 for the fitout and use of a tenancy as a restaurant with 278 seats and signage with no outdoor dining on land at 320 Church Street Parramatta for a period of five (5) years from the date on the Notice of Determination subject to the conditions contained in attachment 1.

Emily Dickson

Development Assessment Officer

Attachments:

1 View	Section 79C Report	34 Pages
2 View	Locality Map	1 Page
3 View	Plans	9 Pages

Council (Development) 9 July 2012 Item 9.1

MAJOR APPLICATION

ITEM NUMBER 9.1

SUBJECT 23 Elizabeth Street (Former PCC Granville Depot) Granville (Lot 100 DP 1168741) (Woodville Ward)

DESCRIPTION Section 96(1A) modification to modify development consent No. DA/129/2010 for the construction of 19 townhouses over basement carparking. The modifications involve the reconfiguration of the dwellings within the approved building envelopes and increased floor areas.

REFERENCE DA/129/2010/B - 30 March 2012

APPLICANT/S Arise Holdings Pty Ltd

OWNERS Arise Holdings Pty Ltd

REPORT OF Manager Development Services

DATE OF REPORT

18 June 2012

REASON FOR REFERRAL TO COUNCIL

The parent development application was lodged by Council with the site also being owned by Council until October 2011.

EXECUTIVE SUMMARY

The application seeks to modify development consent 129/2010 for the construction of 19 townhouses that was approved by the Western Sydney Joint Regional Planning Policy on 12 November 2010.

The proposed modifications include:

1) Changes to the location of the kitchen and laundry within all units;

2) Changes to the location of the first floor bathroom and provision of additional floor space by the infilling of void areas on the first floor;

3) Provision of ensuites to four additional units; and

4) Conversion of dwelling 19 to a two bedroom unit (previously 3 bedroom)

The proposed use is defined as "multi dwelling housing" under Parramatta LEP

2011.

The definition for multi dwelling housing is:

multi dwelling housing means 3 or more dwellings (whether attached or detached) on

one lot of land, each with access at ground level, but does not include a residential

flat building.

The proposal is prohibited under the current R2 Low Density zone.

At the time the parent development application was lodged, the site was zoned Special Uses under Parramatta Local Environmental Plan 2001, and 'Multi Unit Dwellings' were a permissible use on the site. The EPA act allows a section 96 modification to be considered on merits, notwithstanding that the current zoning of the site prohibits multi-unit developments.

The section 96 modification was notified in accordance with Appendix 5 of PDCP 2011 with no submissions being received in response to the notification of the application.

The proposed development is consistent with the objectives contained in Parramatta Development Control Plan 2011. The proposed amendments will improve the internal amenity of the units without unduly impacting on the amenity of any residential properties. The section 96 modification is therefore recommended for approval subject to the imposition of appropriate conditions.

As this is a section 96(1a) modification, the modification does not need to be referred to the Western Sydney Joint Regional Planning Panel for determination.

RECOMMENDATION

Approval

That Council as the consent authority, modify development consent DA/129/2010 for demolition, tree removal, remediation of the site and construction of 19 x 2 storey townhouses over basement car parking to include modifications comprising internal alterations and minor increase in floor space on land at Lots 13/16 sec 1 DP 277 23 Elizabeth Street (Former PCC Granville Depot) GRANVILLE as shown on the plans submitted with the modification of determination, for a period of five (5) years from the date being 23 March 2012 on the original Notice of Determination subject to the following modifications:

Modify Consent Number DA/129/2010 in the following way:

1. The proposal description to be modified to : Demolition, tree removal, remediation of the site and construction of 9 x 3 bedroom and 10 x 2 bedroom 2 storey townhouses over basement car parking.

2. Condition 1 be modified by the addition of the following:

Except as modified by:

· Plans titled Lots 13-16 SEC 1 DP 277 DA/229/2010: Issued for S 96 by Atelier One Pty Ltd for Arise Holding Pty Ltd drawing numbers 1112CC01 Revision D, Issued dated March; 1112CC10-16 Revision C dated March 12;

· BASIX certificate 298394M_04 dated 29 March 2012;

· Statement of Environmental Effects prepared by Altier One Pty Ltd dated March 2012;

· Waste Management Plan prepared by Arise Construction Pty Ltd dated 29/03/2012

3. Insert new condition 55A as follows:

“Occupation of any part of footpath or road at or above (including construction and/or restoration of footpath and/or kerb or gutter) during construction of the development shall require a Road Occupancy Permit from Council. The applicant is required to submit an application for a Road Occupancy Permit through Council’s Traffic and Transport Services, prior to carrying out the construction/restoration works.”

4. Insert new condition 120A as follows:

“Oversize vehicles using local roads require Council’s approval. The applicant is required to submit an application for Oversize Vehicle Access Permit through Council’s Traffic and transport Services, prior to driving through roads within Parramatta LGA.”

5. Amend condition 139 by deletion of “255926M” and replacement with “298394M_04”.

6. Insert new condition 151:

“No additional walls or room dividing devices are to be installed in any dwelling without consent.”

Reason: to ensure the development complies with the approval and increased occupancy does not occur without consent.

7. All other conditions of DA/129/2010 remain unmodified.

Chris Young

Consultant Town Planner

Attachments:

1 View	Section 79C and 96 Assessment Report	11 Pages
2 View	Locality Plan	1 Page
3 View	Plans and Elevations	8 Pages
4 View	Approved Plans	11 Pages
5	Confidential internal residential floor plans	7 Pages
6	Approved confidential internal residential floor plans	12 Pages

Council (Development) 9 July 2012 Item 9.2

MAJOR APPLICATIONS

ITEM NUMBER 9.2

SUBJECT 1-5 Chestnut Avenue & 6-8 Burke Street, Telopea
(Lot 101 DP 36691, Lot 102 DP 1691, Lot 103 DP 36691, Cor Lot 124 DP 36691 & Lot 123 DP 36691) (Elizabeth Macarthur Ward)

DESCRIPTION Demolition, tree removal and construction of an affordable rental housing development under Division 1 of the Affordable Rental Housing SEPP comprising 5 buildings containing a total of 24 units, carparking for 14 vehicles and consolidation of all lots into 1 lot.

REFERENCE DA/116/2011 - Submitted 8 March 2011

APPLICANT/S NSW Department of Housing

OWNERS NSW Department of Housing

REPORT OF Manager Development Services

DATE OF REPORT 22 May 2012

REASON FOR REFERRAL TO COUNCIL

This report was deferred from the Council Meeting on 12 June 2012 for a further report for ground for possible refusal. A memo will be provided under separate cover.

The proposal relates to a development proposed under the SEPP (Affordable Rental Housing) 2009.

EXECUTIVE SUMMARY

The application seeks approval for demolition, tree removal and construction of an affordable rental housing development comprising 5 x 2 storey buildings containing a total of 24 dwellings with car parking for 14 vehicles.

The proposal has been submitted to Council as infill housing under State Environmental Planning Policy (Affordable Rental Housing) 2009. At the time of lodgement the provisions of the 2009 SEPP permitted residential flat buildings in a site irrespective of the zoning. However, amendments made to the SEPP on 20 May 2011 [State Environmental Planning Policy (Affordable Rental Housing) Amendment 2011] would now prohibit the proposed infill development in the medium density zone. Clause 54A (2) - Savings and Transitional provisions enables consent authorities to retrospectively apply the prohibition clause.

The subject application is subject to a savings clause under the SEPP that requires Council to consider compatibility with the character of the surrounding local area. This process has found the development to be compatible for a number of reasons, including floor space ratio, building form, height, landscaping, external appearance and impact upon neighbouring properties.

In response to the notification of the application, 20 individual submissions and a petition containing 45 signatories plus an additional petition containing 25 signatories was received. An on-site meeting was held on 7 May 2011 between Councillors, Council officers, the applicant and concerned residents. Following receipt of amended plans, a further notification resulted in 5 submissions being received. In total, 44 households objected to the proposed development. The main issues raised in the submissions included the development being out of character with the local area, parking and traffic impacts, noise impacts, overlooking, property values and social impacts.

The public submissions are considered within the Section 79C assessment report contained in Attachment 1.

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

As the applicant is a Crown authority, the concurrence of the NSW Department of Housing is required with respect to the recommended conditions of consent before the application can be approved.

RECOMMENDATION

(a) That Development Application No. DA/116/2011 for the demolition, tree removal and construction of an affordable rental housing development under Division 1 of the Affordable Rental Housing SEPP comprising 5 buildings containing a total of 24 units, carparking for 14 vehicles and consolidation of all lots into 1 lot on land at 1-5 Chestnut Avenue & 6-8 Burke Street, Telopea be approved subject to conditions of consent as outlined in Attachment 1 once the concurrence of the NSW Department of Housing for the imposed conditions has been received.

(b) Further, that the objectors and the head petitioner be advised of Council’s determination of the application.

Katherine Lafferty

Senior Development Assessment Officer

Attachments:

1 View	Section 79C Assessment Report	79 Pages
2 View	Locality Map	1 Page
3 View	Plans & Elevations	20 Pages
4	Confidential Plans & Elevations	3 Pages

REFERENCE MATERIAL

Council (Development) 9 July 2012 Item 9.3

MAJOR APPLICATIONS

ITEM NUMBER 9.3

SUBJECT 3 Ferndell Street , South Granville NSW 2142
LOT 2 DP 530345
( Woodville Ward)

DESCRIPTION Occupation of premises as a place of public worship with internal alterations and additions.

REFERENCE DA/758/2011 - 31 October 2011

APPLICANT/S Bukhari House Association

OWNERS Bukhari House Association Incorporated

REPORT OF Manager Development Services

DATE OF REPORT 17 May 2011

REASON FOR REFERRAL TO COUNCIL

This report was deferred from the Council Meeting on 12 June 2012 for an on site meeting. A memo will be provided under separate cover advising of the results of the on site meeting.

This application is referred to Council for determination as the proposal is for a place of public worship.

EXECUTIVE SUMMARY

The application seeks approval for alterations and additions to an existing building and the occupation of the building for use as a place of public worship.

Details of the proposal are as follows:

· The conversion of an existing industrial building to a place of worship, incorporating a main prayer hall and other ancillary elements including amenities, kitchen, study space, library, storage, offices etc. The conversion involves internal demolition, alterations and additions.

· Provision of accessible ramp as part of the existing front entry.

· Retention of the existing hard stand areas for 156 car parking spaces and storage.

· The proposed capacity is for a maximum of 400 worshippers.( This is generally only at Friday midday prayer and during Ramadan as amended by applicant)

· The proposed hours of operation are 7 days a week;

Morning prayer: 5am to 6 am

Noon prayer: 12 pm to 1 pm

Afternoon prayer: 3pm to 4 pm

Sunset prayer: 5pm to 6 pm

Night prayer: 7:30pm to 8:30pm

In the month of Ramadan an additional prayer that lasts for 1 hour after the last prayer is proposed. Therefore the Mosque is proposed to be open until 9:30pm during that time. The Ramadan month varies depending on the Islamic calendar.

No additional times have been proposed for any teaching or use of the library. The subject site is not currently occupied or used for any other approved activity. The proposed use of the site as a place of worship has yet to commence.

The subject site is zoned IN1 General Industrial under PLEP 2011. A place of public worship is a permissible land use under the zoning provisions of PLEP 2011. The proposed development has a useable floor space of approximately 1471m²with the building proposed to accommodate a maximum 400 worshippers.

The application was notified in accordance with Appendix 5 of PDCP 2011 and 4 individual submissions were received in response to the notification of the application. Majority of the issues raised within the submissions relate to traffic and car parking. The issues raised within the submissions do not warrant refusal of the application. The issues have been discussed in detail within the Section 79C assessment report contained in Attachment 1.

The proposed development is consistent with the objectives contained in the Parramatta Local Environmental Plan 2011 and Parramatta Development Control Plan 2011. The proposed place of public worship is appropriately sited within an industrial area without unduly impacting on the amenity of any residential properties. The application is therefore recommended for approval subject to the imposition of appropriate conditions.

RECOMMENDATION

(a) That Development Application No. DA/758/2011 for the alterations and additions to an existing building and occupation of the building for use as a place of public worship for a maximum of 400 people on land at 3 Ferndell Street, South Granville be approved subject to conditions of consent as outlined in Attachment 1.

(b) Further, that the objectors be advised of Council’s determination of the application.

Sasi Kumar

Senior Development Assessment Officer

Development Services

Attachments:

1 View	Section 79 C Report	43 Pages
2 View	Locality Map	1 Page
3 View	Site Plan, Ground floor plan , Elevations and Cross Sections	6 Pages
4 View	Plan of Management	7 Pages

Council (Development) 9 July 2012 Item 9.4

MAJOR APPLICATION

ITEM NUMBER 9.4

SUBJECT 140-142 Kissing Point Road Dundas (Lot 7 and Lot 8 DP 705877)

DESCRIPTION Development Application for demolition of the existing structures on site, tree removal, and construction of eight townhouses over a basement car park.

REFERENCE DA/857/2011 -

APPLICANT/S SBC Holdings

OWNERS Jae My (Vic) Pty. Ltd

REPORT OF Manager Development Services

DATE OF REPORT

1 June 2012

REASON FOR REFERRAL TO COUNCIL

The application is referred to Council because 10 individual submissions were received during the notification period.

EXECUTIVE SUMMARY

The application seeks development consent for the demolition of all existing structures on the site, the removal of 6 trees, and the construction of eight town houses in three buildings over a basement car park.

The development application was notified to adjoining residents in accordance with DCP 2011. In response 10 submissions were received. A site meeting was also held in accordance with Council’s Policy on 23 June 2012. The main issues raised in the submissions and during the site meeting relate to concern about the impact of development on traffic and on-street parking, excavation and construction impacts, the level of private open space to be provided, tree removal and its impact on local birdlife, noise pollution, drainage matters, privacy, the bulk and scale of the proposed development, overshadowing, and the safety of vehicle entry and exit points to and from the site. These issues have been fully considered in the 79C report attached and do not warrant refusal or amendment of the proposed development.

The proposed development is permissible under the R3 Medium Density Residential zoning that applies to the land under Parramatta Local Environmental Plan 2011. The proposal has been assessed against the provisions of Parramatta Development Control Plan 2011, and while variations are sought to requirements for provided deep soil zone, the rear setback, the roof pitch, building separation, the size of provided attics, and solar access within the site, these variations are either minor or brought about by site specific circumstances and do not prevent the proposal meeting the objectives of the DCP. Accordingly, the development application is recommended for approval.

RECOMMENDATION

(a) That Council as the consent authority grant development consent to Development Application 857/2011 for the demolition of all existing structures on the site, removal of 6 trees, and construction of 8 townhouses over a basement car park at 140-142 Kissing Point Road Dundas NSW 2117 for a period of five (5) years from the dated on the Notice of Determination subject to the conditions set out in Attachment 1.

(b) Further, that, persons who made a submission be advised of Council’s decision.

Liam Frayne

Development Assessment Officer

Attachments:

1 View	Section 79C Assessment Report	73 Pages
2 View	Locality Plan	1 Page
3 View	Architectural Plans - Non- Confidential	13 Pages
4	Architectural Plans - Confidential	14 Pages

REFERENCE MATERIAL

Council (Development) 9 July 2012 Item 9.5

MAJOR APPLICATIONS

ITEM NUMBER 9.5

SUBJECT 11-15 Dixon Street Parramatta (Lots 20, 21, and 22 DP 1620)

DESCRIPTION Demolition, tree removal, consolidation of three existing Torrens title lots, construction of a 3 storey residential flat building over a basement car park, landscaping, and strata subdivision

REFERENCE DA/91/2012 - DA/91/2012 - Lodged 16 February 2012

APPLICANT/S Architex

OWNERS Mr Khalil Youssef Kisrwani (11-13 Dixon Street), Mrs Layle Kisrwani (15 Dixon Street)

REPORT OF Manager Development Services

DATE OF REPORT

26 June 2012

REASON FOR REFERRAL TO COUNCIL

The application is referred to Council for consideration as submissions from 27 households objecting to the proposal have been received.

EXECUTIVE SUMMARY

The application seeks consent for the demolition of three existing dwellings on the site, the removal of 7 trees, consolidation of the three existing Torrens title lots into a single lot, and the construction of a 3 storey residential flat building containing 15 residential units over a basement car park. Approval is also sought for the Strata Subdivision of the completed development.

The development application was advertised and notified to adjoining residents in accordance with DCP 2011. In response, 1 individual submission and 1 petition signed by 29 people from a total of 27 households was received. In addition, a site meeting was held on 23 June 2012. The main issues raised in the submissions and during the site meeting relate to concern about the rezoning process for the site, privacy, overshadowing, side setbacks, the impact of the development on property values, the impact of the development on parking availability and traffic, concern about excavation impacts, the impact of trees on the subject site on the adjoining property to the east, the potential for the development to increase illegal dumping in the locality, and about the impact of excavation work on trees on adjoining sites. These issues have been fully considered in the Section 79C report attached, and do not warrant refusal or amendment of the proposed development.

The proposed development is permissible under the R4 High Density Residential zoning that applies to the land under Parramatta Local Environmental Plan 2011.

The proposal has been assessed against the Development Standards of Parramatta Local Environmental Plan 2011 (LEP) and the provisions Parramatta Development Control Plan 2011 (DCP) and while variations are sought to the maximum floor space ratio requirement under the LEP, and to the required level of solar access for units within the site, and the requirement for of multiple access cores to be provided both contained in the DCP. It is considered that these variations are minor and do not prevent the proposal meeting the objectives of the LEP and DCP. Accordingly, the development application is recommended for approval.

RECOMMENDATION

(a) That Council support the variation to Clause 4.4 of the PLEP 2011 under the provisions of Clause 4.6 of PLEP 2011.

(b) That Council as the consent authority grant development consent to Development Application 91/2012 for the demolition of all existing structures on the site, removal of 7 trees, and construction of a residential flat building containing 15 residential units over a basement car park at 11-15 Dixon Street Parramatta NSW 2150 for a period of five (5) years from the dated on the Notice of Determination subject to the conditions set out in Attachment 1.

Liam Frayne

Development Assessment Officer

Attachments:

1 View	Section 79C Report	82 Pages
2 View	Locality Plan	1 Page
3 View	Architectural Plans (Non-Confidential)	5 Pages
4	Architectural Plans (Confidential)	6 Pages

REFERENCE MATERIAL

Council (Development) 9 July 2012 Item 11.2

ECONOMY AND DEVELOPMENT

ITEM NUMBER 11.2

SUBJECT Draft DCP and VPA 2-12 River Road West, Parramatta

REFERENCE RZ/6/2010 - D02405892

REPORT OF Project Officer, Land Use Planning

PURPOSE:

The purpose of this report is to seek Council’s endorsement of the draft Development Control Plan (DCP) and draft Voluntary Planning Agreements (VPA) prepared in conjunction with the planning proposal to rezone land at 2-12 River Road West, Parramatta, and that the draft DCP and draft VPAs be publicly exhibited concurrently with the planning proposal.

RECOMMENDATION

(a) That Council endorse the draft Development Control Plan (DCP) and draft Voluntary Planning Agreements prepared for 2-12 River Road West, Parramatta, as provided at Attachment 1 and Attachment 2.

(b) That delegated authority be given to the CEO to make minor amendments to the draft DCP and/or draft VPAs which do not change the intent of the document prior to public exhibition.

(c) Further, that the draft DCP and draft VPAs be placed on public exhibition concurrently with the planning proposal for 2-12 River Road West, Parramatta, for a minimum period of 28 days, and the outcome of the public exhibition be reported back to Council.

SITE DESCRIPTION

1. Nos. 2-12 River Road West, Parramatta are located within a small light industrial precinct generally bound by Parramatta River, James Ruse Drive and Tramway Avenue. Many of the buildings on the site are reaching the end of their economic life. The combined site area is approximately 18,500m² and is within close proximity of the Parramatta CBD, Rosehill Racecourse, and the University of Western Sydney (Parramatta campus).

BACKGROUND

2. In September 2010, Council received a planning proposal from the owners of 2-12 River Road West, Parramatta to rezone the land from IN1 General Industrial to B4 Mixed Use, enabling a mix of retail, commercial and residential development. The foreshore portion of the land was to be zoned RE1 Public Recreation to be dedicated back to Council as a public foreshore link. Council has considered numerous reports on the planning proposal since its lodgement investigating suitability of the rezoning and proposed height and density. At its meeting of 23 April 2011 Council resolved:

(a) That Council endorse a revised planning proposal for 2-12 River Road West, Parramatta to:

· rezone the land to part B4 Mixed Use and part RE1 Public Recreation;

· permit a maximum building height of 37 metres (11 storeys) at Nos. 2-8 River Road West and 40 metres (12 storeys) at Nos. 10-12 River Road West;

· permit a maximum floor space ratio of 3.4:1 at Nos. 2-8 River Road West and 3.3:1 at Nos.10-12 River Road West;

· require a foreshore building line of 15 metres measured to the mean high water mark; in accordance with maps provided at Attachment 3 of report.

(b) That a revised planning proposal be referred to the Department of Planning & Infrastructure for Gateway determination.

(c) That subject to Gateway determination, the planning proposal be placed on public exhibition and referred to relevant public authorities in accordance with the conditions set by the Gateway determination.

(d) That a report be put to Council on the draft Development Control Plan (DCP) and draft Voluntary Planning Agreement (VPA) for the site for endorsement to publicly exhibit concurrently with the planning proposal.

(e) Further, that Council write to the local State MPs and request the necessary representations on behalf of Council to ensure that the Minister treats this planning proposal with an appropriate level of expediency.

PLANNING PROPOSAL

3. The endorsed planning proposal for 2-12 River Road West, Parramatta provided for the following:

· Rezone land from IN1 General Industrial to B4 Mixed Use to enable mix of retail, commercial and residential uses, with the foreshore land to be rezoned RE1 Public Recreation.

· Building height: 10-11 storeys (34-37m) at Nos. 2-8 River Road West, and 11-12 storeys (37-40m) at Nos. 10-12 River Road West.

Floor Space Ratio: 3.4:1 over Nos. 2-8 River Road West and 3.3:1 at Nos. 10-12 River Road West.

· Foreshore Building Line of 15 metres measured from the mean high water mark (MHWM).

4. The endorsed planning proposal was referred to the Department of Planning & Infrastructure (DP&I) on 26 April 2012. Council has received the ‘gateway determination’ from the DP&I to enable public exhibition of the planning proposal.

DRAFT DEVELOPMENT CONTROL PLAN

5. Site specific development controls have been prepared for the land for inclusion in Parramatta DCP 2011. Controls within the DCP will be considered for any future development application on the land in addition to general controls provided in Parramatta Local Environmental Plan 2011, the broader controls in Parramatta Development Control Plan 2011, as well as any other relevant legislation and guidelines. A copy of the draft DCP provision relating to the site is provided at Attachment 1.

6. Controls within the DCP provide guidance for appropriate urban form on the land including indicative building envelopes, setbacks, height and land use mix. The DCP also provides controls to ensure that the sites are developed collectively with respect to existing land ownership rather than being sold as separate development sites.

7. Public domain upgrades, pedestrian connections and laneways and obligations of the voluntary planning agreement and other site specific issues including flooding, heritage and archaeology, and riparian flora and fauna are also detailed within the DCP to guide future development.

8. While the DCP provisions relate solely to 2-12 River Road West, Parramatta, it is noted that Council is currently undertaking studies to inform a planning proposal for the broader ‘River Road West Industrial Precinct’ and other urban renewal opportunities in the nearby precinct. The work undertaken for the broader precinct may further inform appropriate urban form controls for the precinct containing the subject site and may involve a review of draft DCP controls established for the site. This would be reported back to Council for further consideration at a future date.

VOLUNTARY PLANNING AGREEMENT

9. At its meeting of 13 December 2010 Council considered the planning proposal and associated voluntary planning agreement (VPA) and resolved (in part):

(d) That Council proceed with negotiations for a Voluntary Planning Agreement (VPA) in relation to a planning proposal at Nos. 2 – 12 River Road West, Parramatta as outlined in Attachment 6.

(e) That delegated authority be given to the CEO of Council to negotiate the VPA on behalf of Council and report back on the negotiations in regards to the VPA.

10. The terms of the draft VPA have been negotiated between Council officers and the proponents. As the land is held in two separate ownerships, two independent VPAs have been prepared. The draft planning agreements at Attachment 2 provides for the developers to undertake the following:

(a) Dedicate land along the Parramatta River foreshore generally 15 metres from northern boundary, with at least 10 metres from the top of bank with an approximate total area of 4,491m² as shown in Schedule 3 of the draft VPA at Attachment 2.; and

(b) Dedicate two areas of land between River Road West and the river (through site links), each 6 metres in width comprising an approximate total area of 433m² as shown in Schedule 3 of the draft VPA at Attachment 2; and

(c) Undertake public domain works within the areas to be dedicated comprising construction of a shared pedestrian and cycle paths, landscaping, lighting, seating, waste bins, public art and/or interpretive signage and the like; and

(d) Undertake environmental restoration of the riparian corridor including weed removal and revegetation of the river bank, restoration of river bank erosion including the provision/repair of sea walls; and

(e) Removal of all existing built structures and the remediation of any contaminated land; and

(f) Monetary contribution comprising a total of $750,000 toward a shared pedestrian/cyclist bridge over Parramatta River which is partly funded by the VPA associated with 2 Morton Street on the northern side of the River; and

(g) Monetary contribution comprising a total of $300,000 toward local road upgrades, including possible traffic signalisation of the River Road West and James Ruse Drive intersection, subject to RTA approval.

ASSESSMENT OF DRAFT VPA

11. In assessing the VPA, the works items and dedicated land areas were independently valued by Council’s City Services and Strategic Asset Management Teams. Council’s valuation of the land to be dedicated is estimated at approximately $1.7 million. A key factor at arriving at the land value is that the FSR for the dedicated portion of land is transferred to the balance of the development site. Other factors taken into consideration included flood affectation, foreshore building line, contamination, bank stability and erosion, protection of mangroves and endemic flora, and existing use/structures on the land.

12. Council’s valuation of the physical site works is estimated at $1.483 million (including design and 20% contingency). The value of the monetary contribution is $1.05 million. This figure will be adjusted to account for inflation between the time the VPA is made and the date of payment. Accordingly, the total monetary value of the VPA is estimated at $4.233 million.

13. The key delivery dates for the VPAs are described below:

a) The VPAs are to be registered to the relevant property titles within 20 days after the planning agreement is made.

b) The developer must provide Council with a bank guarantee prior to the issue of an construction certificate issued for works on the site to ensure developer delivers it’s obligations under the VPA.

c) The dedication of land and completion of developer works are required prior to the issue of any occupation certificate associated with the future redevelopment of the land.

THE PUBLIC BENEFIT OF DRAFT VPA

14. The public benefits attributed from the draft VPA include:

· Provision of a new river foreshore link increasing opportunities for further extension of the broader Parramatta River pedestrian and cycle link.

· Provision of new links between River Road West and the foreshore

· Provision of high quality public domain areas along the foreshore and through site links including lighting, landscaping and street furniture.

· Environmental restoration of the river bank including removal of contaminated soil, restoration of bank erosion, ongoing weed removal and revegetation with endemic planting.

· Improved pedestrian connectivity and legibility of the local area including improved pedestrian connectivity to the Parramatta CBD.

· Contribution toward improvements to the local road network.

· Contribution toward a new pedestrian and cycle bridge over the Parramatta River.

· Delivery of the works consistent with the future redevelopment of the site.

15. Using Council’s valuations for each component of the draft VPA, a percentage of that value has been assigned as public benefit. As detailed at Attachment 3, the total public benefit is estimated to be approximately $3.641 million.

16. The method of assigning the public benefit is as follows:

a) Where a monetary contribution is to be provided, or land is to dedicated, this was given 100% public benefit value.

b) Where works are to be provided these were valued as follows:

i) Where the works item would otherwise have been required to be undertaken as part of any future redevelopment of the site, and to the same standard, the works item was given a nil value.

ii) Where the works item would otherwise have been required to be undertaken as part of any future redevelopment of the site, and to a lower standard, the works item was given a 50% value.

iii) Where the works would not have been required as part of any future redevelopment of the site, the works item was given a 100% value.

iv) The value of the associated design, investigation, reports, construction and certification required to meet Council’s requirements was given a 100% value.

17. In assessing the value of the VPA, consideration was given to the current ‘unimproved’ value of the land based on existing zoning, built form controls and site constraints compared with the ‘unimproved’ land value resulting from the planning proposal (rezoning, increase height and density and change to foreshore building line).

18. A conservative estimate would show that the ‘uplifted’ land value resulting from the endorsed planning proposal could be in the order of approximately $8-10 million. The monetary value of the VPA as a percentage of the uplift value is approximately 40-50%, the attributed public benefit value is approximately 35-45% of the uplift value and is considered to be a significant contribution to the community. The draft VPA will deliver a significant public benefit and is consistent with Council’s strategic plan to deliver pedestrian and cycle links along, and to, the Parramatta River.

NEXT STEPS

19. Should Council endorse the draft DCP and VPA, it will be placed on public exhibition in conjunction with the planning proposal. After public exhibition of the planning proposal, DCP and VPA, a report will be put to Council regarding the outcome of the exhibition and recommending any final changes for endorsement by Council.

Diane Galea

Project Officer – Land Use

Attachments:

1 View	Draft DCP	14 Pages
2 View	Draft VPAs	71 Pages
3 View	Estimated Public Benefit of VPA	1 Page

REFERENCE MATERIAL

Council (Development) 9 July 2012 Item 11.3

ECONOMY AND DEVELOPMENT

ITEM NUMBER 11.3

SUBJECT Review of the Rosehill Master Plan

REFERENCE F2004/07242 - D02409052

REPORT OF Project Officer- Land Use Planning

PURPOSE:

To report to Council on the review of the Rosehill Master Plan for the block bounded by Hope, Weston and Arthur Streets and James Ruse Drive. Council's endorsement is sought for a revised set of draft provisions for the subject block to be incorporated into the Parramatta Development Control Plan (DCP) 2011 and for the provisions to be publicly exhibited.

RECOMMENDATION

(a) That the proposed amendment to Parramatta DCP 2011 at Attachment 4 relating to the subject block be endorsed by Council and be publicly exhibited.

(b) Further, that a report be put to Council following the public exhibition.

ON-SITE MEETING

1. A report on the review of the Rosehill Master Plan was presented to Council on 28 May 2012. Council resolved:

‘That consideration of this matter be deferred for an on-site meeting and subsequent return at the earliest possible date’.

2. The on-site meeting took place on Saturday, 16 June 2012 and was attended by four Councillors. At the meeting the rationale for the set of draft provisions for the subject block was outlined.

BACKGROUND

3. The Rosehill Master Plan was adopted by Council in September 2003. Attachment 1 illustrates the location of the Rosehill Master Plan block. The master plan provides for:

(a) the greater proportion of the block fronting Hope, Weston and Arthur streets to be developed for two storey (some attic) terrace style housing

(b) two new north- south streets and two pedestrian east- west lanes and a number of small pocket parks

4. The form of development envisaged by the master plan is illustrated on a perspective drawing at Attachment 2.

5. The master plan was prepared in reference to the former Sydney Regional Environmental Plan No 28 – Parramatta and the requirements of the former Harris Park Precinct DCP for the subject block.

6. Parramatta DCP 2011 provides that the Rosehill Master Plan is a deemed DCP which will guide future development of the subject block.

7. During preparation of Parramatta LEP 2011, Council introduced a number of changes for the block which is reflected in the published version of the Plan. The permitted height for land fronting James Ruse Drive was increased from 23m to 28m. The zoning for the balance of the block was changed from R3 Medium Density Residential to R4 High Density Residential and maximum height was increased from 10.5 m and 9.5m (for four properties at the northern end of Arthur Street) to 13 m.

8. As a result of these changes under Parramatta LEP 2011 it is necessary to revise the DCP provisions for this block. It is proposed to include these provisions into the comprehensive Parramatta DCP 2011.

9. A broader study (refer to Attachment 1 which shows the broader study area) is also being undertaken of River Road West, Rosehill, and part of Camellia which will likely lead to recommendations for building heights, floor space ratios and revised DCP controls for parts of these areas. Whilst the results of this study should be reported to Council in the coming months, it is considered necessary to separate the review of the subject block from the broader study as Council has received a number of development application enquiries and submissions within the block and the deemed DCP provisions are inconsistent having regard to the height and zoning provisions of Parramatta LEP 2011.

ISSUES

10. Whilst the Rosehill Master Plan deemed DCP is based on a strong vision it raises the following issues:

(a) The master plan provisions are no longer appropriate as they do not provide for the scale and form of development permitted under Parramatta LEP 2011 and are creating confusion for prospective developers and Council’s Development Assessment Unit;

(b) The provision of new streets, lanes and pocket parks represent a considerable investment in new public domain for a very local outcome and require the coordination of many individual blocks to be amalgamated and developed simultaneously;

(c) The master plan does not appear to have stimulated development or attracted strong support from landowners with no new development built in the subject block since the master plan was prepared, with two approved development applications due to lapse in 2012 and 2013; and

(d) The master plan is excessively complicated and lengthy.

11. A review of the Rosehill Master Plan has been undertaken with the assistance of Council's Urban Design Unit (Attachment 3). The major conclusion of the review is that the proximity of the historic Elizabeth Farm House to the subject block necessitates a sensitive approach to the planning for development on adjoining streets and in particular on Arthur Street. To ensure that development in Arthur Street does not adversely impact on the heritage setting of Elizabeth Farm House revised principles have been prepared which provide for:

a) generous front setbacks with deep soil planting to the Arthur Street frontage to reinforce Elizabeth Farm House’s landscape setting and assist in creating a landscape buffer to the apartment buildings;

(b) retention of the heritage view from Elizabeth Farm House across the north east corner of the subject block;

(c) minimal new driveways providing access to basement parking in Arthur Street and to ensure that new driveways are not visible from Alice Street to preserve the Elizabeth Farm House setting;

(d) apartments facing Arthur Street to have a setback to the fourth floor from the street and side setbacks to the fourth floor to reduce the scale of these buildings; and

(e) to impose a maximum building length of 35 m for apartments facing Arthur Street to enhance the landscape character and setting.

12. One of the proposed provisions reported to Council on 28 May 2012 has been revised. Objective (c) originally sought the prevention of new driveways providing access to basement parking in Arthur Street to preserve the Elizabeth Farm House setting. The objective should actually prevent new driveways to basement parking that are visible from Alice Street. It is appreciated that several driveways will be necessary to serve proposed developments on Arthur Street. Accordingly, objective (c) referred to above and in Attachment 5 has been amended to have only a minimum number of new driveways providing access to basement parking on Arthur Street and to ensure that driveways are not visible from Alice Street. In addition, a minor correction has been made to the Rosehill Urban Design Analysis, included at Attachment 3.

13. Council’s Urban Design Unit also raises a number of wider issues beyond the scope of the Rosehill Master Plan review relating to recommendations of the River Road West Planning Study being a possible increase in the height limit for the R4 High Density Residential Zone of the subject block from 13m to 14m and the application of an appropriate FSR. These matters will be considered in the broader River Road West, Rosehill and Camellia study, as it would require amendment of Parramatta LEP 2011 and should be considered in the broader context.

14. Beyond Arthur Street, and for the greater part of the subject block, a pattern of development can be achieved that will comply with the development standards of Parramatta DCP 2011 and State Environmental Planning Policy 65 – Design Quality of Residential Flat Development.

15. A draft amendment to Parramatta DCP 2011 at Attachment 4 provides for the removal of the Rosehill Master Plan as a deemed DCP and incorporates revised provisions for the subject block including design controls based on the above outlined principles. The revised controls are additional to the general provisions and controls included in Parramatta DCP 2011, as shown at Attachment 5. These revised controls will be located in Part 4.3.2 Harris Park of Parramatta DCP 2011.

PROCESS – NEXT STEPS

16. The proposed amendments to Parramatta DCP 2011 will be placed on public exhibition for 28 days. As part of the exhibition, letters will be sent to all landowners in the subject block and to adjoining landowners as well as relevant heritage agencies advising of the exhibition. Under requirements of State Environmental Planning Policy No 65 - Design Quality of Residential Flat Development the Design Review Panel will be consulted on the proposed amendments concurrently with the exhibition.

17. A report will be put to Council following the public exhibition.

Paul Kennedy Jennifer Concato

Project Officer Acting Manager

Land Use Planning Land Use Planning

Attachments:

1 View	Location Plan	1 Page
2 View	Perspective of Rosehill Master Plan development	1 Page
3 View	Analysis by Urban Design Unit	29 Pages
4 View	Proposed DCP amendments	3 Pages
5 View	Comparison of Design Controls in Parramatta DCP and for subject block	1 Page

REFERENCE MATERIAL

Council (Development) 9 July 2012 Item 12.1

ENVIRONMENT AND INFRASTRUCTURE

ITEM NUMBER 12.1

SUBJECT Parramatta Free Shuttle Bus Service

REFERENCE F2004/08730 - D02399841

REPORT OF Group Manager City Services

PURPOSE:

This report advises Council of recent negotiations with Transport for NSW (TfNSW) regarding the financial support and operation of the Parramatta Free Shuttle Bus Service. It is proposed that Council endorses the transfer of full responsibility for provision of this service to TfNSW.

RECOMMENDATION

(a) That Council notes that Transport for NSW has given notice to terminate the funding agreement for the operation of the Parramatta Free Shuttle Bus Service from 21 August 2012

(b) That Council endorses the transfer of responsibility for provision of the Parramatta Free Shuttle Bus Service to Transport for NSW from 21 August 2012

(d) That Council writes to the Minister for Transport, the Hon Gladys Berejiklian MP, seeking consideration of free shuttle bus services between Parramatta and Rydalmere and within the Westmead medical precinct

(e) Further, that Council writes to the Minister for Health, the Hon Jillian Skinner, MP, seeking consideration of free shuttle bus services within the Westmead medical precinct.

BACKGROUND

1. Parramatta City Council introduced a free bus service in the Parramatta CBD in late August 2008. The service aims to increase pedestrian accessibility in the CBD by reducing walking time and distances, improving access to other public transport and providing an alternative to car travel within the CBD.

2. Council paid for the purchase of three vehicles to support this new service and contracted with Veolia Transport NSW as bus operator. Service patronage increased steadily over the first few years and now averages approximately 73,000 passengers per month. Customer research has shown satisfaction with the service to be consistently very high.

3. In February 2011, Council entered into a funding agreement with Transport for NSW (TfNSW) to support the service. Service hours are now 7am to 6pm Monday to Friday and 8am to 4pm Saturday and Sunday.

4. The agreement with Transport for NSW provides significant financial relief to Council with TfNSW paying Council approximately $674k in the first year. This is greater than previous annual service costs due to increases in operator charges from September 2011 and provision for Sunday and Public holiday operations.

5. Since the agreement with Transport for NSW commenced, passenger numbers remain steady and the operation of the Parramatta Free Shuttle Bus Service has continued with minimal changes other than re-branding consistent with other State Government services and expansion to include Sunday services. Council extended the operating contract with Veolia Transport NSW Pty Ltd in July 2011 for a further twelve months and Council officers have reported quarterly to TfNSW on these operational matters.

6. In December 2011, Council considered a further report on the operation of the free bus service and resolved to commence negotiations to secure the long-term financial support of the NSW State Government. Council identified the preferred option as being for Transport for NSW to assume full responsibility for provision of the Parramatta Free Shuttle Bus Service without any ongoing role for Council. A second option which seeks to secure renewal of the current funding agreement for an extended period was to be pursued through negotiations if the preferred option was not successful.

7. Council also resolved at this meeting to further consider the possible extension of the shuttle service to the university campus at Rydalmere.

ISSUES/OPTIONS/CONSEQUENCES

8. Negotiations with Transport for NSW have been protracted due to personnel changes within the Department. The State Government has also been undertaking a review of all the free shuttle bus services in New South Wales and TfNSW seemed initially reluctant to pursue negotiations with Council until the outcome of that review is known.

9. The current funding agreement with Transport for NSW commenced on 14 March 2011 and was for a period of twelve months. After the initial trial period, either party can give 3 months notice of termination of the funding agreement.

10. Council’s existing contracts with Veolia Transport NSW and Volvo Bus Australia for the operation of the service and maintenance of the three buses and these arrangements expire on 28^th and 21^st August 2012 respectively. Negotiations with Transport for NSW have focused on the need for Council to undertake a new procurement process for these services if it is to continue providing the service beyond this period.

11. All the other free shuttle bus services in New South Wales are directly managed by Transport for NSW and they have existing bus operator contracts in place. Following negotiations between TfNSW and bus operators, the Department is confident that it can accommodate the Parramatta service in a seamless transition.

12. Transport for NSW has now agreed, therefore, to assume responsibility for the direct management of the Parramatta Free Shuttle Bus Service. TfNSW has issued notice of termination for the funding agreement with Council and proposes that it will assume full management of the service from 21 August 2012. (Attachment A)

13. It is proposed that Council notes the termination of the funding agreement and endorses the transfer of responsibility for provision of the service to Transport for NSW. This will remove any future financial burden on Council to maintain the service and releases capital invested in the three buses for other purposes.

14. The suggestion to expand the existing Parramatta Free Shuttle Bus Service to include the University of Western Sydney campus at Rydalmere has also been raised in correspondence and negotiations with Transport for NSW. The State Government decision to defer work on the Parramatta – Epping rail link focuses attention on the need to enhance bus services as both employment and enrolments at UWS expands each year and further employment growth is anticipated in the Rydalmere precinct. While UWS has recently introduced a shuttle bus service within the Rydalmere campus, this does not extend beyond the University site.

15. Council has previously considered proposals to provide a free shuttle bus service to Rydalmere and this could be achieved by changing the existing route and/or developing an independent service. The first option could be achieved without significant cost impact, however, the frequency of service would be substantially reduced along with the convenience for some passengers, for example, who prefer a shorter, more direct route to their destination. Therefore, given the distance from the CBD the introduction of a completely separate service to the existing route has been previously reported as an option which would require 3 buses providing approximately 100 trips a day in order to maintain a bus frequency of 15 minute intervals. The cost of implementing an independent, complementary service to Rydalmere is estimated at $750k p/a which includes bus hire, labour and fuel.

16. Consideration was sought from Transport for NSW on the possibility of either expanding the existing shuttle bus route or developing a unique Parramatta – Rydalmere shuttle bus service that could complement the existing public transport services of TfNSW.

17. Transport for NSW has confirmed that it does not support the Rydalmere proposal as it would extend the service beyond the Parramatta Free Contract Zone and other transport options available such as the M52 Metrobus that already services this area.

18. It is understood that the State Government has been undertaking a review of all the free shuttle bus services in New South Wales and it is recommended that Council write to the Minister for Transport, the Hon Gladys Berekijlian MP seeking further consideration of a free shuttle bus service to Rydalmere.

19. On 25^th June 2012, during consideration of the minutes of the Western Sydney Local Area Health District and Parramatta City Council Steering Group, Council noted recent representations regarding the need for improved public transport in the Westmead medical precinct. It was suggested that a free shuttle bus service travelling between Westmead railway station and the major medical facilities would be well utilised and reduce parking congestion in this area.

20. Council has previously considered a Parramatta to Westmead shuttle bus service, however, this route is well serviced by both rail and buses. A free service within the Westmead precinct could be managed with a single bus and connect key destinations such as the Children’s Hospital with Westmead Station. The cost of such a service would vary substantially depending on the hours of operation but assuming a 12 hour operation, 7 days a week, maintaining a bus frequency of 20 minute intervals, the likely cost would be approximately $350k p/a which includes bus hire, labour and fuel.

21. It is further recommended that Council also writes to Minister Berejiklian regarding a proposed free shuttle bus service in the Westmead medical precinct and that similar representations be made to the Minister for Health, the Hon Jillian Skinner MP.

CONSULTATION & TIMING

22. The current funding agreement with Transport for NSW commenced on 14 March 2011 and either party can give 3 months notice of termination of the funding agreement.

23. Transport for NSW has given notice on 22^nd June 2012 that the agreement will terminate on 21 August 2012. This arrangement would enable Council to maintain the service without needing to renew or extend the existing contracts with Veolia and Volvo. It provides limited time for TfNSW to complete the alternate contractual arrangements and the matter has been referred, therefore, for consideration at the first available Council meeting.

FINANCIAL IMPLICATION FOR COUNCIL

24. The proposed transfer of responsibility for the future operation of the Parramatta Free Shuttle Bus Service to Transport for NSW eliminates any financial obligation on Council to maintain the service and releases the capital invested in the three buses for other purposes.

25. The three buses have recently been valued by Stan Biega Bus and Coach Sales Pty Ltd and while it can be difficult to predict the outcome of sales through open auction, it is expected that the sale of the three buses will generate total revenue in the order of $1m.

26. While the funding for the buses was originally sourced from the Parramatta Contribution Plan No. 1 Traffic and Parking (City Centre), advice has been received that Council is not constrained in the future use of any revenue generated by the sale of the buses. Council may wish to consider other priorities for use of these funds at a future budget review. In the interim, it is proposed that revenue from the sale of the buses is applied to retire debt.

27.
If Council chose to continue providing the service, the Parramatta Loop branding would be reinstated following termination of the funding agreement with Transport for NSW. While Council will no longer receive the $674k p/a funding from TfNSW, it would remain responsible for all service delivery costs including vehicle maintenance.

Sue Coleman

Group Manager City Services

Attachments:

1 View

Notice of Termination of Funding Agreement

1 Page

REFERENCE MATERIAL

Council (Development) 9 July 2012 Item 13.1

COMMUNITY AND NEIGHBOURHOOD

ITEM NUMBER 13.1

SUBJECT Smoking in Public Places Policy and Outdoor Dining Policy - Update

REFERENCE F2012/00430 - D02409397

REPORT OF Group Manager Outcomes and Development

PURPOSE:

The purpose of the report is to present the updated Smoking in Public Places Policy and Outdoor Dining Policy for formal adoption by Council.

RECOMMENDATION

(a) That Council adopts the updated Smoking In Public Places Policy and the Outdoor Dining Policy attached to this report;

(b) That the Chief Executive Officer be authorised to make minor administrative amendments to the policies attached to this report provided these amendments do not change the intent of the policies;

(c) That the policies attached to this report apply to the determination of any application to which the policies are relevant from the date of adoption of the policies attached to this report irrespective of the date of any application to which the policies are relevant;

(d) Further, that the Chief Executive Officer ensure that the all other elements of Council’s resolution of 12 December 2011 are implemented.

BACKGROUND

1. Council at its meeting of 12 December 2011 considered a report about the Smoking in Public Places Policy November 2011 and resolved:

“(a) That Council adopt the updated Smoking In Public Places Policy November 2011, to implement a ban of smoking in outdoor dining areas on Council owned land through-out the LGA and in bus and taxi stands, as well as the other areas already adopted as smoke free (children’s playgrounds, aquatic centres, sports fields and facilities) (Attachment 1).

(b) That Council actively support businesses and the community to adjust to and implement the ban by:

a. Ensuring a long 6 month lead time for implementation of the ban (to commence on 1^st May 2012).

b. Developing a thorough implementation support program that includes:

i A Communications Plan, including community education strategies,

ii Provision of resources for businesses,

iii Financial incentives for businesses who implement the ban before the 1^st May 2012, and

iv Monitoring processes.

(c) That Council write to the State Government to lobby for introduction of legislation that uniformly prohibits smoking:

a Within 10 metres of children’s playgrounds

b Within 10 metres of sporting fields

c In public swimming pools and

d In outdoor dining areas on public land.

e In bus and taxi stands.

(d) Further, that the proposed 3 month lease holiday, as indicated in paragraph 8.3, be extended to 6 months for those businesses that implement the ban by 1 May 2012.”

2. Following this resolution Council commenced a process of communicating with and supporting businesses that would be affected by the ban.

3. To implement the Council’s policy position to ban smoking in outdoor dining as expressed in the adopted Council policy, new 68 approvals under the Roads Act and the Local Government Act were issued to businesses that use council owned land for outdoor dining.

4. An administrative decision was taken to make for all permits and approvals to lapse in July of each year. All permits and approvals for outdoor dining are due to lapse shortly.

5. Recently a decision of the Land and Environment Court put into question the relationship between the Smoking In Public Places Policy, Outdoor Dining Policy, and the approvals. This is a very technical matter that relates to the definition of Smoke, Smoking and Smoking Product in the policy being more precise than in the policy as it was presented to the Council in December 2011.

6. To overcome this very technical issue it is proposed that the Council formally adopt the Smoking In Public Places Policy as attached (Attachment 1). This includes the following definitions of smoke and smoking product:

Smoke: Means to smoke, hold or otherwise have control over an ignited smoking product and Smoking has a corresponding meaning.

Smoking Product: Means any tobacco or other product that is intended to be smoked.

7. In addition, the Outdoor Dining Policy needs to be amended to add a section which makes it clear that Council’s Policy is to prohibit smoking in outdoor dining areas on land owned or controlled by Council. The amended Policy is also attached.

Sue Weatherley

Group Manager Outcomes and Development

Attachments:

1 View	Smoking In Public Places Policy	5 Pages
2 View	Outdoor Dining Policy	20 Pages

REFERENCE MATERIAL