Agenda of Council - 10 February 2020

Council 10 February 2020

COUNCIL CHAMBERS

Lord Mayor

Clr Bob Dwyer

Chief Executive Officer

Minute Clerk

Clr Phil Bradley	Clr Lorraine Wearne	Sound
Clr Sameer Pandey	Clr Andrew Wilson	Sound
Clr Paul Han	Clr Bill Tyrrell
Clr Dr Patricia Prociv	Clr Andrew Jefferies	IT
Clr Pierre Esber	Clr Benjamin Barrak	IT
Clr Donna Davis	Clr Martin Zaiter
Clr Michelle Garrard, Deputy Lord Mayor	Clr Steven Issa

Executive Director City Engagement & Experience

Executive Director Community Services

Executive Director City Strategy & Development

Executive Director City Assets & Operations

Executive Director Corporate Services

Director Property Development Group


Press Press

Public Gallery

TABLE OF CONTENTS

ITEM SUBJECT PAGE NO

1 OPENING MEETING

2 ACKNOWLEDGMENT OF THE TRADITIONAL LAND OWNERS

3 WEBCASTING ANNOUNCEMENT

4 OTHER RECORDING OF MEETING ANOUNCEMENT

5 CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS Council - 16 December 2019

6 APOLOGIES AND APPLICATIONS FOR LEAVE OF ABSENCE

7 DECLARATIONS OF INTEREST

8 MATTERS OF URGENCY (if any)

9 Minutes of the Lord Mayor

10 Public Forum

11 Petitions

12 Rescission Motions

13 Fair

13.1 FOR NOTATION: Minutes of the Aboriginal and Torres Strait Islander Advisory Committee Meeting held on 22 October 2019................... 10

13.2 FOR NOTATION: Minutes of Audit Risk & Improvement Committee Meeting held on 28 November 2019................................................................... 19

13.3 FOR NOTATION: Minutes of Delegated Authority Meeting held on 21 January 2020........................................................................................... 29

13.4 FOR NOTATION: Report on Minor Property Dealings for the period of December 2019 to January 2020......................................................... 33

13.5 FOR NOTATION: Audit Risk and Improvement Committee Annual Report 2019.......................................................................................................... 35

14 Accessible

14.1 FOR NOTATION: Variations to Standards under Clause 4.6 of Parramatta LEP 2011, Auburn LEP 2010, Holroyd LEP 2013, The Hills LEP 2012, Hornsby LEP 2013 and SEPP 1........................................................... 54

14.2 FOR APPROVAL: Submission to Transdev Australia on 2021 Proposed Ferry Service Changes - F3 Parramatta River.................................. 59

15 Green

16 Welcoming

17 Thriving

17.1 FOR APPROVAL: Parramatta Night City Framework 2020-2024.. 80

17.2 FOR APPROVAL: Proposed Road Closure in front of 90-92 Victoria Road, North Parramatta.................................................................................. 233

18 Innovative

18.1 FOR NOTATION: Investment Report for November 2019............ 238

18.2 FOR NOTATION: Investment Report for December 2019............ 271

18.3 FOR APPROVAL: Draft Development Control Plan and draft Planning Agreement for land at 55 Aird Street, Parramatta........................... 305

18.4 FOR APPROVAL: Draft Development Control Plan and draft Planning Agreement for land at 33-43 Marion Street, Parramatta................ 333

18.5 FOR APPROVAL: Gateway Request: Planning Proposal - Properties on the western side of Essex Street, Epping (between Maida and Epping Roads) 424

18.6 FOR APPROVAL: Post Exhibition Outcomes - Planning Proposal, Draft Site-Specific Development Control Plan and Draft Planning Agreement for 142-154 Macquarie Street, Parramatta............................................ 499

18.7 FOR APPROVAL: Post Exhibition Outcomes - Planning Proposal and Draft Planning Agreement - 189 Macquarie Street, Parramatta............. 657

19 Notices of Motion

19.1 NOTICE OF MOTION: Parking Enforcement Sydney Olympic Park 778

19.2 NOTICE OF MOTION: Parking Enforcement During Unusual Hours 779

19.3 NOTICE OF MOTION: 5 Parramatta Square Time Capsule and Plaques 780

20 QUESTIONS ON NOTICE

21 Closed Session

21.1 FOR APPROVAL: Integrated Development of 5 and 7 Parramatta Square including Tender 06/2019 - 5&7 Parramatta Square – Design and Construct Contract

This report is confidential in accordance with section 10A (2) (c) (d) of the Local Government Act 1993 as the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business; AND 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.

21.2 FOR APPROVAL: Request for Proposal - Replacement of Library Self Service Technology

This report is confidential in accordance with section 10A (2) (c) of the Local Government Act 1993 as the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

21.3 FOR APPROVAL: Parramatta Brand and Marketing Strategy - Program and Budget

21.4 FOR NOTATION: Legal Status Report as at 21 January 2020

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.

22 PUBLIC ANNOUNCEMENT OF RESOLUTIONS PASSED IN CLOSED SESSION

23 CONCLUSION OF MEETING

Council 10 February 2020 Item 13.1

FAIR

ITEM NUMBER 13.1

SUBJECT FOR NOTATION: Minutes of the Aboriginal and Torres Strait Islander Advisory Committee Meeting held on 22 October 2019

REFERENCE F2017/00358 - D07150621

REPORT OF Community Capacity Building Officer

PURPOSE:

The Aboriginal and Torres Strait Islander Advisory Committee met on 22 October 2019. This report provides a precis of the minutes of this meeting.

RECOMMENDATION

That the minutes of the Aboriginal and Torres Strait Islander Advisory Committee meeting of 22 October 2019 be received and noted.

BACKGROUND

1. Council’s Aboriginal and Torres Strait Islander Advisory Committee meets monthly (except December and January) and comprises of 12 members.

2. The Committee met on 22 October 2019. The minutes of this meeting can be found at Attachment 1.

ISSUES/OPTIONS/CONSEQUENCES

3. The below section summarises the main issues discussed at the meeting.

Local Government Aboriginal Network (LGAN) Strategic Planning Conference

4. The two Committee members who represented the Committee at the LGAN Conference provided a report back. The theme of this year’s conference was ‘Strategic Planning - Keep the Fire Burning’. The conference focused on connecting and planning LGAN for the next 20 years, starting with the lead up to the next LGAN conference to be hosted by the City of Sydney in 2020. Policy issues for focus included:

a. Funding for LGAN

b. Increasing Indigenous Councillors

c. Library requirements

d. Donations for books from Councils to local schools

e. Superannuation required for Mayors.

5. Recommendations included:

a. Increase cultural awareness in Local Government

b. Political representation for Indigenous people in Councils

c. Flying the flags.

Unveiling of Mahatma Gandhi Statue in Jubilee Park

6. A question was raised as to why a member of the ATSI Advisory Committee was not invited to the unveiling of the statue. The question was taken on notice.

Valvoline Raceway, Granville

7. The Committee expressed concern in relation to the proposal to close the Raceway to make way for the Sydney Metro West maintenance facility, as it is understood Aboriginal people at one time occupied the land in question. The Committee asked for further information regarding past uses of the land.

CONSULTATION & TIMING

City of Parramatta Council - Draft Engagement Strategy

8. The Community Engagement Team Leader and Senior Consultant from RPS presented Council’s draft Community Engagement Strategy to the Committee. The Committee was asked to provide feedback on the core principles and objectives of the engagement strategy.

9. Feedback from the Committee included stating the importance of transparent, respectful and meaningful conversations; feedback mechanisms to the community, particularly if Council is not proceeding with what the community have provided advice and comment on; and an evaluation framework and mechanism for accountability. It was noted that if any of the Committee members would like to provide further feedback they could do so by emailing the Community Engagement Team Leader.

FINANCIAL IMPLICATION FOR COUNCIL

10. There are no financial implications from this report.

Ellen Ross

Community Capacity Building Officer

Phillip Scott

A/Community Capacity Building Manager

David Moutou

Group Manager Social & Community Services

Jon Greig

Executive Director Community Services

Attachments:

1 ⇩

Aboriginal & Torres Strait Islander Advisory Committee Meeting 22 October 2019

7 Pages

REFERENCE MATERIAL

Council 10 February 2020 Item 13.2

FAIR

ITEM NUMBER 13.2

SUBJECT FOR NOTATION: Minutes of Audit Risk & Improvement Committee Meeting held on 28 November 2019

REFERENCE F2019/02413 - D07204155

REPORT OF Coordinator Internal Audit

PURPOSE:

The Audit Risk and Improvement Committee (ARIC) met on 28 November 2019 and this report provides a summary of the key discussion points of the meeting for Council’s consideration.

RECOMMENDATION

That Council receives and notes the minutes of the ARIC meeting held on 28 November 2019 as provided at Attachment 1.

BACKGROUND

1. Council’s Audit Risk and Improvement Committee (ARIC) comprises of members appointed by the Council. The members of the Committee currently include two (2) Councillors and three (3) independent external members.

2. The Chief Executive Officer, Council’s Auditors and other Council Director(s) and Manager(s) are invited to attend the Committee meetings as observers. This approach is consistent with the Internal Audit Guidelines issued by the Office of Local Government (then Division of Local Government) in September 2010.

3. The Committee meets five (5) times a year with four (4) ordinary meetings and one (1) special meeting to consider Council’s Annual Financial Reports.

4. Under the Committee’s Charter, all meeting minutes are required to be reported to Council. This report provides both a full copy of the minutes and a summary of the key discussion points of the Committee meeting held on 28 November 2019.

ISSUES/OPTIONS/CONSEQUENCES

5. The Head of IT provided an update on cyber security activities. The Leadership Team recently approved the Information Security Management Policies. A physical stocktake for hardware was completed and an asset management database is maintained and will be updated on a periodic basis. Firewalls continue to be updated and the technology is constantly blocking external attacks.

6. The Director of Property Development Group provided updates on the Parramatta Square projects which are 3PS, 4PS, 5PS & 7PS, 6PS & 8PS and the Public Domain, and a run through of the updated risk registers of the related projects.

7. The Chairperson of the Major Projects Advisory Committee (MPAC) provided a quarterly update of the activities undertaken by the MPAC.

8. The ARIC considered the quarterly report provided by the Project Manager Legacy Asbestos on the asbestos activities undertaken by Council. The ARIC raised questions and subsequently answers were provided out of session.

9. The Internal Ombudsman provided a quarterly update of the activities undertaken by the Internal Ombudsman Shared Service (IOSS). The IOSS Committee has extended the service for a further three (3) years after June 2020. New sessions of the Code of Conduct training will be rolled out to cover those staff who have not attended.

10. The Director of Performance Audit from the NSW Audit Office briefed the ARIC on the performance audits conducted by the Audit Office in local councils, its processes, and provided copy of the Performance Audit Guide.

The Director of Financial Audit advised that the 2018/2019 Annual Financial Reports were adopted by the Council at its meeting held on 28 October 2019.

A Final Management Letter for the 2018/2019 financial audit was circulated to the ARIC for consideration prior to the meeting. The ARIC commented on the management responses to the audit recommendations that senior management should be responsible to review and approved those responses before they are provided to the Audit Office.

In consideration of the issues included in the Final Management Letter, the ARIC suggested that Council maintain a Related Party Transaction Disclosure Register to follow up on any outstanding disclosure, also to name and shame the person if necessary. Also, those overdue policies should be escalated to the Executive level for action.

11. A progress status report of the 2019/2020 Internal Audit Program was provided to the ARIC. Those audits completed during the reporting period were governance controls and legislative and regulatory compliance.

The ARIC also considered the quarterly report of the implementation of audit recommendations and expressed concerns of those audit actions that were overdue for more than a year. The ARIC strongly urged the senior management to focus on closing those actions and suggested that overdue actions should be escalated to the Executive level.

12. In the general business item, the ARIC considered and discussed the following matters:

(a) The Chairperson will prepare the ARIC annual report to Council.

(b) The report on the Discussion Paper from the Office of Local Government (OLG) on the New Risk Management and Internal Audit Framework. The Corporate Strategy & Governance Unit have completed detailed analysis of the discussion paper and have provided feedback to the OLG.

(c) An experimental report on the performance of the Council that consists of extracts from the Council’s Quarterly Report. The dashboard provides a progress summary for the Focus Areas under each of Council’s goals. The ARIC will review the report and provide feedback in due course.

CONSULTATION & TIMING

13. There are no consultation & timing implications associated with this report.

FINANCIAL IMPLICATION FOR COUNCIL

14. There are no financial implications associated with this report.

Emily Tang

Coordinator Internal Audit

Bruce Ferguson

Risk & Audit Manager

Lisa Oldridge

Group Manager Corporate Strategy and Governance

Michael Tzimoulas

Executive Director Corporate Services

Attachments:

1 ⇩

Minutes of Meeting 28 November 2019

7 Pages

REFERENCE MATERIAL

Council 10 February 2020 Item 13.3

FAIR

ITEM NUMBER 13.3

SUBJECT FOR NOTATION: Minutes of Delegated Authority Meeting held on 21 January 2020

REFERENCE F2019/04433 - D07239036

REPORT OF Governance Manager

PURPOSE:

The purpose of this report is to report the minutes of the Delegated Authority Meeting held on 21 January 2020 between the Lord Mayor and the Acting Chief Executive Officer to Councillors for information.

RECOMMENDATION

That the minutes of the Delegated Authority Meeting held on 21 January 2020 be noted.

BACKGROUND

1. Council at its meeting held on 16 December 2019 provided joint delegation of authority to the Lord Mayor and the Chief Executive Officer over the Christmas / New Year period and resolved:

(a) That, in accordance with Section 226(d) and Section 377(1) of the Local Government Act 1993, Council delegate joint authority to the Lord Mayor and the Chief Executive Officer to exercise the powers, duties and functions of the Council during the Recess Period, being Tuesday, 17 December 2019 to Monday, 10 February 2020.

(b) Further, that in the event that the Lord Mayor and Chief Executive Officer are required to deal with important or urgent business of the Council during the Recess Period:

(1) notice of the important or urgent business of the Council be provided to all Councillors at least three (3) days prior to a Delegated Authority Meeting;

(2) any referral, signed or emailed by two (2) Councillors, be permitted to refer such item to a full Council Meeting for consideration;

(3) the minutes for all important or urgent business dealt with under this delegation during the Recess Period be submitted to the first available Council Meeting of the New Year.

ISSUES/OPTIONS/CONSEQUENCES

2. A Delegated Authority Meeting was held on 21 January 2020 to consider a request for Metro Councils Support – Local Government Bushfire Support Group, following the unprecedented 2019/2020 bushfire disasters.

3. A summary of the matter discussed at the Delegated Authority Meeting is as follows:

a. The Office of Local Government (OLG) in partnership with the City of Sydney, Sydney Resilience Office and Local Government NSW, established a Local Government Bushfire Recovery Support Group to match offers of assistance from non-bushfire affected councils to communities in need.

b. Bushfire affected councils are requiring a range of resources including logistics and communications, tree management, planning, clearing, waste services and engineering and infrastructure support.

c. Non affected councils have been asked to register what support and resources they can provide. The OLG is facilitating this process with a focus on what is required within the next six (6) month.

d. Metro councils are being matched with fire affected councils based on the resources that can be provided and will maintain direct relationships in order to continue to work together to ensure communities remain supported as they rebuild.

e. The City of Parramatta Council has outlined the services and resources that can be made available to bushfire affected councils. The resources identified will provide the most effective immediate support and assistance to the community in the matched bushfire affected area.

f. A summit of Metro Council Mayors and CEOs was held on 13 January 2020 to discuss the best way to provide immediate support. The Metro Councils Summit will continue to meet fortnightly to work together in coordinating support services and resources.

g. Resources made available by the City of Parramatta would be available for secondment immediately, following confirmation of the matched fire affected council.

4. Notice of the meeting and a briefing note providing details of the matter was distributed to all Councillors prior to the meeting. Councillors did not request the matter to be referred to the full Council for consideration.

5. A copy of the minutes of the Delegated Authority Meeting held on 21 January 2020 is included as Attachment 1.

6. Decisions taken by the Lord Mayor and the Acting Chief Executive Officer under delegated authority cannot be revoked by Council and reporting of the decisions is part of the process which provides transparency and accountability to the public.

CONSULTATION & TIMING

7. Notice of the Delegated Authority Meeting was provided to Councillors at least three (3) days prior to the meeting being held. Councillors did not request the matter to be referred to the full Council for consideration.

FINANCIAL IMPLICATION FOR COUNCIL

8. The value of the assistance provided by Council to the matched fire affected Council, if all resources were utilised, is estimated to be in the order of $75,000 per week.

9. Providing support to bushfire affected councils will require the diversion of Council’s existing resources which will impact on Council’s budget, service levels and possibly result in delays to Council’s adopted Delivery Program. However, at this stage it is difficult to quantify the level of impact as its currently unknown as to which resources will be utilized, the timeframe and which council the City of Parramatta will be matched with.

10. Councillors will be provided with regular updates in relation to the utilization of resources and impacts to the budget, service and Delivery Program.

Patricia Krzeminski

Governance Manager

Lisa Oldridge

Group Manager Corporate Strategy and Governance

Michael Tzimoulas

Executive Director Corporate Services

Bryan Hynes

Director Property Development Group

Bryan Hynes

Acting Chief Executive Officer

Attachments:

1 ⇩

Minutes of the Delegated Authority Meeting held 21 January 2020

1 Page

REFERENCE MATERIAL

Council 10 February 2020 Item 13.4

FAIR

ITEM NUMBER 13.4

SUBJECT FOR NOTATION: Report on Minor Property Dealings for the period of December 2019 to January 2020

REFERENCE F2019/00279 - D07089821

REPORT OF Property Services and Space Management Manager

PURPOSE:

To provide Councillors with a summary of minor property dealings and agreements entered into under delegated authority by the Chief Executive Officer for the period of December 2019 to January 2020.

RECOMMENDATION

That the report be received.

BACKGROUND

1. On the appointment of the Chief Executive Officer (CEO), Council resolved to provide delegated authority to the CEO to exercise Council’s powers, functions, duties and authorities within specified limitations and restraints.

2. Council’s Property Lease and Licence Policy (Policy) and Procedure (Procedure) outlines the Policy objectives and process to follow when considering the use of Council owned or managed property. The Policy categorises two types of agreements being major and minor.

3. Major agreements are to be reported individually to Council for determination, and are defined as having a financial value greater than $300,000 being the total value of the agreement including any associated option periods or continued occupancy period.

4. Minor agreements are defined as all other agreements that are not Major Agreements and these are to be reported to Council quarterly.

5. This report provides a summary of all minor property agreements and other property dealings entered into for the period of December 2019 to January 2020 under the delegated authority of the CEO.

ISSUES/OPTIONS/CONSEQUENCES

6. A summary of the minor property dealings is provided below:

No	Agreement Category/Use	Property Address	Commencement Date	Expiry Date	Rental/Fee/ Compensation	Other Terms
1	Retail Lease	Shop 4/4-14 Hunter Street, Parramatta	29-Nov-19	28-Nov-2021	$20,000 p.a. plus GST	CPI annual increases, Nil Option Period
2	Rock Anchors Licence	Hassall Street (Public Road)	23-Dec-19	When the Development is completed	$22,005.97 (GST free)	One off payment based on number of rock anchors X fee allocation under Council’s Fees and Charges
3	Easement	1 Sheehan Street, Wentworthville	20-Dec-19	In perpetuity	$7,500 plus GST	One off payment

CONSULTATION & TIMING

7. The relevant business units within Council were consulted on each of the above matters.

FINANCIAL IMPLICATION FOR COUNCIL

8. Council will receive a total of $49,505.97 for the above matters noting that item 1 is a retail lease which will receive a further income of $20,000 p.a. plus CPI over the period of 2020 to 2021.

Bindy Begg

Property Services and Space Management Manager

Michael Leckey

Acting Group Manager Property Assets & Services

Wayne Carter

Executive Director City Assets & Operations

Attachments:

There are no attachments for this report.

REFERENCE MATERIAL

Council 10 February 2020 Item 14.2

ACCESSIBLE

ITEM NUMBER 14.2

SUBJECT FOR APPROVAL: Submission to Transdev Australia on 2021 Proposed Ferry Service Changes - F3 Parramatta River

REFERENCE F2004/08735 - D07225855

REPORT OF Transport Planning Manager

PURPOSE:

The purpose of this report is to allow Council to consider a draft submission to Transdev Australia in response to the public consultation of proposed 2021 changes to the F3 Parramatta River Ferry Service.

RECOMMENDATION

(a) That Council endorse and forward the submission at Attachment 1 to Transdev Australia and Transport for NSW on the proposed 2021 F3 Parramatta River Ferry changes which raises the following key matters:

· Council does not support changing the F3 eastern termination point for all Parramatta River services to Barangaroo;

· Council welcomes increased services to Sydney Olympic Park and increased weekend services to Parramatta;

· Council seeks to retain popular weekend express services between Parramatta and Circular Quay;

· Council advocates for increased service frequency between Parramatta and Sydney Olympic Park;

· Council welcomes the procurement of new Parramatta River Class ferries, and would welcome the opportunity to work with Transdev to ensure that frequency and services are improved and the Parramatta River environment is protected.

(b) That the Lord Mayor write to the Minister for Transport and relevant local Members of the NSW Legislative Assembly that connect to the Parramatta River- The Hon. Dr Geoff Lee MP, Ms Lynda Jane Voltz MP, and The Hon. Victor Michael Dominello, MP, attaching the adopted Council submission and requesting meetings to discuss Council’s position on the proposed ferry changes.

(c) Further, that Council release a media statement within 24 hours and share Council’s adopted position via social media, encouraging residents and workers to have their say by responding to Transdev’s consultation before consultation closes on 14 February 2020.

BACKGROUND

1. Transdev Australia was awarded a contract by the State Government in February 2019 to operate and maintain Sydney Ferries through to 2028.

2. On 7 January 2020, Council received a press inquiry seeking Council’s response to proposed 2021 changes to the F3 Parramatta River ferry service as outlined on Transdev’s website (https://yoursay.transdev.com.au/).

3. At their web page, Transdev indicates the consultation is on behalf of Transport for NSW (TfNSW), and that TfNSW will review the collected feedback before changes are implemented.

4. Incorporated within broader proposed changes to the Sydney Ferries network, Transdev proposes the following changes to F3 Ferry service which are relevant to the City of Parramatta from 2021:

· Changing the eastern end point of all F3 Parramatta River Ferries to Barangaroo rather than Circular Quay

· A shuttle ferry service operating every 60 minutes from Parramatta to Sydney Olympic Park during peak periods, replacing the current once per hour shuttle between Parramatta and Rydalmere

· A faster, limited stop service from Sydney Olympic Park to Barangaroo with increased service frequency

· Increasing the number of services into Parramatta at weekends, however these are indicated as all stop services, and proposing to remove popular weekend express services

· Ordering 10 new Parramatta River Class ferries to progressively replace the Charter, SuperCat and HarbourCat fleets.

5. A summary of the proposed changes, prepared by Transdev, is provided at Attachment 2.

ISSUES/OPTIONS/CONSEQUENCES

6. The draft submission provided at Attachment 1 considers the proposed changes and indicates:

· Council does not support changing the F3 eastern termination point for all Parramatta River services to Barangaroo.

· Council welcomes increased services to Sydney Olympic Park and increased weekend services to Parramatta.

· Council seeks to retain popular weekend express services between Parramatta and Circular Quay.

· Council advocates for increased service frequency between Parramatta and Sydney Olympic Park.

CONSULTATION & TIMING

7. Council became aware of this public consultation to change the F3 Ferry Service on 7 January 2020. Transdev has confirmed that the consultation will close and all submissions are due by 14 February 2020.

8. In response to a press inquiry, a Lord Mayoral media statement was issued on 7 January 2020 which stressed the importance of consultation with local government, the importance of the ferry service to our City, and encouraging our community to have its say on the proposed changes.

9. Transdev has not announced any specific consultation activities in the City of Parramatta.

10. Council is using its media and communications channels to encourage residents, workers and visitors to respond to Transdev’s consultation.

11. Internal specialist staff consultation was undertaken as part of the preparation of this submission.

FINANCIAL IMPLICATION FOR COUNCIL

12. There are no direct financial implications for Council as a result of making this submission.

Michael Jollon

Transport Planning Manager

Geoff King

Group Manager City Strategy

Jennifer Concato

Executive Director City Strategy & Development

Attachments:

1 ⇩	Submission to Transdev Australia - proposed 2021 changes to the F3 Ferry Service	8 Pages
2 ⇩	Transdev proposed changes to F3 Parramatta Ferry Services	8 Pages

Council 10 February 2020 Item 17.1

THRIVING

ITEM NUMBER 17.1

SUBJECT FOR APPROVAL: Parramatta Night City Framework 2020-2024

REFERENCE F2019/00902 - D07090185

REPORT OF Project Officer

PURPOSE:

To report the feedback received during the public exhibition of the draft Parramatta Night City Framework 2020-2024, explain the rationale for changes to the draft Framework and to seek endorsement of a final Parramatta Night City Framework 2020-2024.

RECOMMENDATION

(a) That Council notes the community feedback received during the consultation period of the Parramatta Night City Framework 2020-2024.

(b) Further, that Council endorses the revised Parramatta Night City Framework 2020-2024 provided at Attachment 1.

BACKGROUND

1. The draft Parramatta Night City Framework 2020-2024 (the draft Framework) was endorsed by Council at its meeting of 8 October 2019 to proceed to public exhibition. The draft Framework was placed on public exhibition for 30 days, from Monday 15 October to Monday 11 November inclusive. The exhibition of the draft Framework coincided with the launch of the Night Time Economy Diversification Grants Scheme for applications.

2. The draft Framework was exhibited on Council’s website, advertised in the Parramatta Advertiser, on all Council’s social media channels, and displayed in Council libraries and the Customer Contact Centre. Further, a “public launch” of the draft Framework was held at the Parramatta Lanes Festival (15-18 October). The activation located in Centenary Square invited the community to contribute ideas about what a 24-hour Parramatta could look like to inform a public art installation. Over the four nights of the Festival, a total of 1,176 responses were received. One hundred and five (155) submissions were received in relation to the draft Framework (102 completed in full, 53 completed in part), via a guided response hosted on Council’s Community Engagement Portal, ‘Our Say’.

COMMUNITY FEEDBACK

3. Community feedback to the draft Framework was fundamentally positive. Based on the 155 submissions, 64% of respondents strongly supported Council’s night city vision, with only 3 respondents strongly opposing. Of particular note, Council’s night city vision was strongly supported by females (97% who identified as female supported the vision of the Framework). The focus of the Framework on safety, accessibility and transport options were found to be the strongest supported by the community. The Community Engagement Key Findings Report, outlining the full details of the community’s responses to the draft Framework via the Community Engagement Portal is provided at Attachment 2.

4. 55% of respondents answered positively to the question “I feel my concerns and ideas for a Parramatta night city have been addressed in the Framework”, with 37% neutral and only 8% disagreeing. 79% of respondents scored the Framework either “good” or “great” in its strategic goals and actions.

5. In addition to the formal exhibition, Council officers held a public launch of the draft Framework at the 2019 Parramatta Lanes Festival, utilising public art as an engagement tool to invite responses to the question “I want Parramatta’s night time to have…”. This activity was devised to drive awareness of the draft Framework and its exhibition and particularly to invite responses for demographically underrepresented groups in previous consultation, namely young children, families and women. Over the four nights of the Festival, a total of 1,176 responses were received, demonstrating a high level of engagement about the City’s nightlife with our community. Responses were wide-ranging, and broadly aligned with the goals, outcomes and actions of the draft Framework. A dashboard summary of the 1,176 responses received at the public activation is provided at Attachment 3.

STAKEHOLDER FEEDBACK

6. Council received four (4) community submissions received by email and six (6) stakeholder submissions from:

· Sydney Olympic Park Authority;

· Parramatta Chamber of Commerce;

· Sydney Business Chamber – Western Sydney;

· Parramatta Liquor Accord;

· NSW Police Force; and,

· Venues NSW.

7. Council officers’ detailed response to these submissions is provided at Attachment 4.

8. Feedback to the draft Framework from stakeholders was positive, with Council’s vision for a 24-hour city in the CBD with later trading centres widely supported by all stakeholders. Council’s focus on promoting a diverse night time economy that is not reliant on a greater saturation of alcohol-supported uses was strongly supported by all stakeholders and by the community.

9. Feedback received from the Sydney Business Chamber – Western Sydney and Parramatta Liquor Accord expressed concern about the overall length and workability of the document as well as timeframes and accountability for the delivery of actions within the Framework. While broadly supportive of the overall direction of the Framework and the actions contained within it, there was a degree of confusion about the City’s priorities and the delivery timeframes identified, with a general call for Council to commence several matters as immediately as possible.

10. In response to this feedback, the Action Matrix in the Framework has been re-drafted and timeframes revisited to ensure that the document is workable and presented as concisely as possible, notwithstanding the need to clearly articulate the impetus for the Framework. Where possible, actions have been consolidated to reduce duplication and to provide greater clarity.

11. The main structural changes to the Framework include:

· Deleting the broader goals to be replaced by concise focus areas;

· Re-working the Action Matrix to provide clearer timeframes for delivery of actions: Priority (2020), Short Term (2021 and 2022) and Medium Term (2023 and 2024);

· Adding external partners against actions requiring support, concurrence of entities other than Council;

· Identifying whether an action is a new project, a change to existing practice or an ongoing action (business as usual).

12. Further, a particular action that several stakeholders sought to be included in the Framework was an explicit reference to physical building controls required to sound abate new buildings in late night entertainment precincts. This action has now been included in the Framework as a priority action.

13. Councillor feedback also requested a more explicit action around increasing children’s and youth activities at night time, which has now also been added to the Framework.

PRIORITY ACTIONS

14. Feedback received by Councillors and stakeholders was the need to clearly identify a series of priority actions to deliver immediately following the adoption of the Framework, which would have high impact and set expectations for the growth and diversification of the City’s night time economy. Council officers have identified 7 priority actions to commence immediately upon the adoption of the Framework.

15. In considering the top priorities for the delivery of the Parramatta Night City Framework, Council officers have considered submissions received to the Framework from key stakeholders, immediate need, effectiveness and cost of each action in determining which actions are strategically the most beneficial for Council to deliver immediately with current resources. The 7 priority actions are listed below:

a) Action 1.12 – Review and amend the Parramatta Development Control Plan to support the growth and management of the night time economy of the Parramatta CBD and local centres.

Council had previously considered a Late Night Trading Development Control Plan in December 2017 and resolved to defer consideration until further consultation with businesses and stakeholders had taken place. Councillors provided support for the deferral of the Late Night Trading Development Control Plan until after the endorsement of the finalised Framework, however stressed the high importance of clear and consistent late night trading policy (particularly for the Parramatta CBD) to be a priority action. Any future Development Control Plan provisions will also consider the additional requirements needed for sound abatement, such as double glazing of high rise buildings throughout the CBD. This action requires a budget to be determined once the Implementation Plan is developed. This action will be funded by the EDSR – City Culture and Liveability budget.

b) Action 1.8 – Investigate the inclusion of a clause into Section 10.7 Certificates detailing expectations of some reasonable night time sound when moving to late night entertainment precincts

Council officers will investigate the inclusion of a clause on relevant s 10.7 (former “Section 149”) Planning Certificates that provides information for new residents to manage expectations for amenity impacts that are reasonable with living in close proximity to a commercial and/or entertainment centre, in line with existing practice in Sydney Olympic Park, Carter Street Precinct and Wollongong City Centre. This action requires no budget and will be delivered within existing resources.

c) Action 1.9 - Develop a resource for new residents moving to late night entertainment precincts detailing expectations for reasonable night time sound

An officer cross-functional group will be formed to prepare the resource, to distribute to local real estate agents and new residential developments. This action requires no budget and can be delivered within existing resources.

d) Action 2.1 – Implement a Night Time Economy Diversification Grants Scheme to incentivise the diversification of businesses and activities at night.

Council endorsed the establishment of the Night Time Economy Diversification Grants Scheme at its meeting of 8 October 2019, alongside the Parramatta Night City Framework 2020-2024. Applications were open from Monday 14 October and closed Friday 15 November 2019, receiving 12 applications. Council’s Economic Development Team will be working with successful applicants to deliver diverse night time projects throughout 2020 in both the Parramatta CBD and local centres. This action will be jointly funded by the EDSR – City Culture and Liveability budget and Economic Development General Revenue budget.

e) Action 2.2 – Delivery of business workshops, programs, or other services annually to support businesses to establish or grow their small bar operations and navigate regulatory requirements such as liquor licencing and development applications

As part of Council’s existing program of business workshops and programs, the Economic Development Team will work with external providers to deliver workshops to support diverse night activities, including live music, establishment of small bars and navigating the liquor licensing process. This action requires no budget and can be delivered within existing resources

f) Actions 2.12 and 2.13 – Run night markets in the Parramatta CBD and investigate locations for night markets in our local centres.

Economic Development undertook extensive community consultation to inform a future night market series in August 2019, which garnered 1,008 responses. Subject to available budget and resourcing identification, Council will continue to develop and deliver the night market program in the CBD and explore options to run night markets in local centre locations. This action requires a budget to be determined once the Implementation Plan is developed. This action will be funded by the EDSR – City Culture and Liveability budget.

g) Action 4.3 – Market Parramatta as a vibrant and diverse night-time destination.

Economic Development will work with Council’s Marketing and Promotions Team to develop a targeted night time marketing campaign in 2020 highlighting Parramatta and Sydney Olympic Park as vibrant night-time destinations. This action requires no budget and can be delivered within existing resources

FINANCIAL IMPLICATION FOR COUNCIL

16. Costs associated with the community consultation on the draft Framework were drawn from the Economic Development Special Rate (EDSR).

17. The delivery of priority actions in the Framework (that are not funded from existing operational or capital budgets) will primarily be funded from the EDSR – City Culture and Liveability budget. This budget is currently sequenced until the end of financial year 2020/2021, coinciding with Council’s Economic Development Plan 2017-2021, which sets out the relevant budget for Council’s economic development activities.

18. The EDSR – City Culture and Liveability budget for Year 1 (2020) of the Framework’s implementation will be dispensed accordingly:

· $50,000 towards the Night Time Economy Diversification Grants Scheme (Action 2.1);

· $50,000 to support live music programming and strategic actions listed in the Framework and Culture and Our City – A Cultural Plan for Parramatta’s CBD 2017-2022

· The remaining amount ($50,000 in FY 2019/2020 and $15,000 in FY 2020/2021) to support other night time economy initiatives listed in the Framework (Actions 1.8, 1.9, 1.12, 2.12 and 2.13).

19. Where actions are relevant to other economic development focus areas listed in the Economic Development Plan 2017-2021, funding will be drawn from these existing allocations, such as branding and communications (Action 4.3) and workforce and skills (Action 2.2).

20. Funding of actions beyond 2020 will be subject to future budget allocation. Funding amounts beyond FY 2020/2021 for the EDSR are yet to be determined and will be considered upon the development of the next iteration of the Economic Development Plan.

21. To deliver the actions identified in the Framework, a Night Time Economy Project Officer will be funded from the EDSR for a period of 3 years, reporting to the Economic Development Manager.

22. Specific actions under the Framework may be eligible for funding from other sources to supplement Council’s commitment. For example, the NSW Government Activate Sydney @ Night Program (Office of Responsible Gambling), Music Now Performance Grants (Create NSW), or any new funding made available by the NSW Government.

LEGAL IMPLICATIONS

23. There are no legal implications for Council as a result of this report.

CONCLUSION AND NEXT STEPS

24. It is recommended that Council notes the revisions recommended to the draft Framework following community consultation and endorse the revised Parramatta Night City Framework 2020-2024 at Attachment 1.

25. Upon adoption of the Framework, work will commence immediately in the delivery of the priority actions listed in this report.

26. All submitters to the draft Framework will be notified of the adoption of the Parramatta Night City Framework 2020-2024 by Council.

Beau Reid
Project Officer Economic Development

Nicole Carnegie
Economic Development Manager

Geoff King
Group Manager City Strategy

Jennifer Concato
Executive Director City Strategy and Development

Attachments:

1 ⇩	FINAL - Parramatta Night City Framework 2020-2024	80 Pages
2 ⇩	Community Engagement Key Findings Report	43 Pages
3 ⇩	Dashboard Summary - Community Engagement at Parramatta Lanes	1 Page
4 ⇩	Council Officer Response to Submissions	23 Pages

REFERENCE MATERIAL

Council 10 February 2020 Item 17.2

THRIVING

ITEM NUMBER 17.2

SUBJECT FOR APPROVAL: Proposed Road Closure in front of 90-92 Victoria Road, North Parramatta

REFERENCE F2019/01873 - D07151404

REPORT OF Property Officer

PURPOSE:

To permanently close part of the road reserve in front of 90 - 92 Victoria Road, North Parramatta.

RECOMMENDATION

(a) That Council resolve to permanently close the unused part of Victoria Road, North Parramatta in front of 90 - 92 Victoria Road, North Parramatta, shown hatched on Attachment 1, in accordance with Part 4 Division 3 of the Roads Act 1993.

(b) That Council resolve to classify that portion of Victoria Road, North Parramatta that is to be closed shown hatched on Attachment 1, as Operational Land upon formal gazettal of the road closure.

(c) That a report be provided to Council after the road closure has been formalised to consider the potential sale of the land to the Applicant, being the adjoining property owner of 90 and 92 Victoria Road, North Parramatta.

(d) Further, that authority is delegated to the Chief Executive Officer to sign all documents in connection with the road closure and its classification.

BACKGROUND

1. On 19 March 2019, Council received from the owner of 90 & 92 Victoria Road, North Parramatta (“Applicant”) an expression of interest to purchase land in front of the properties known as 90, 92, 94 & 96 Victoria Road, North Parramatta.

2. Council contacted Roads and Maritime Services (RMS) to clarify the ownership of this section of Victoria Road. RMS advised Council that the land concerned was not in RMS ownership.

3. Council subsequently sought and received a Road Status Report from an independent property title search company, confirming that the portion of road in front of 90 - 96 Victoria Road, North Parramatta (Attachment 1) is part of the former Ross Street and is therefore a Council Public Road.

4. The Applicant was advised of the findings in the Road Status Report and on 31 May 2019, the applicant formally made application to Council to close the road in front of 90, 92, 94 & 96 Victoria Road, North Parramatta with the intention of then purchasing the land from Council for the potential future development of the site.

5. Council is aware that the Applicant owns adjoining properties at 90-92 Victoria Road, North Parramatta. The proposed closure and potential future sale of the land may increase the future development potential of the overall land owned by the Applicant.

6. The Applicant was advised that Council could only proceed with the closure of the road in front of 90-92 Victoria Road, North Parramatta at this stage as 94 & 96 Victoria Road, North Parramatta are owned by different entities and legal access must be maintained to those properties.

7. If the road closure is successful and formalised in the Government Gazette, a further report will be submitted to Council seeking approval for the potential sale of the portion of land in front of 90 & 92 Victoria Road, North Parramatta.

ISSUES/OPTIONS/CONSEQUENCES

8. Legal access and street frontage must be maintained to 94 & 96 Victoria Road, North Parramatta and therefore that portion of road cannot be closed for sale to the Applicant.

9. Council has no current or future use for the unused portion of road in front of 90 - 92 Victoria Road, North Parramatta which is currently used for access to and parking associated with the applicant’s property.

CONSULTATION & TIMING

10. The other adjoining owners, occupiers and notifiable authorities will be advised by letter regarding the proposed closure and will have 28 days from the date of the notice to make comment.

11. Development & Traffic Services and the Land Use Planning teams have both been consulted. There has been no objection regarding the proposed closure and potential future sale of the land from either business unit.

12. Legal Services have been consulted and do not have any objections to the proposed road closure and classification of land.

FINANCIAL IMPLICATION FOR COUNCIL

13. The Applicant has agreed to bear all costs incurred by Council associated with this process.

Benjamin Ayoub

Property Officer

Guy McDonald

Manager Property Plan and Program

Michael Leckey

Group Manager Property Assets and Services

Ian Woodward

Group Manager Legal Services

Wayne Carter

Executive Director City Assets & Operations

Attachments:

1 ⇩

Part of road to be closed

1 Page

Council 10 February 2020 Item 18.1

INNOVATIVE

ITEM NUMBER 18.1

SUBJECT FOR NOTATION: Investment Report for November 2019

REFERENCE F2009/00971 - D07156717

REPORT OF Tax and Treasury Accountant

PURPOSE:

The purpose of this report is to inform Council of the investment portfolio performance for the month of November 2019.

RECOMMENDATION

That Council receives and notes the Investment Report for November 2019.

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 investment portfolio closing balance as at 30^th November 2019 was $485.2m. The average portfolio holdings held throughout the month was $467.5m

4. Council holds a diversified range of investment products which as at 30th November 2019 included:

Investment Product	$000	% Held	Return %	Annualised
Term Deposits	$305,030	62.87%	0.21%	2.48%
Floating Rate Notes / Bonds	$125,818	25.93%	0.17%	2.04%
Cash at Call	$22,307	4.60%	0.10%	1.18%
Managed Funds	$13,935	2.87%	0.30%	3.59%
Long Term Growth	$18,074	3.73%	2.55%	30.56%
Total Investment Funds	$485,164	100.00%	0.28%	3.32%

5. The Investment portfolio has returned a solid 3.32% p.a. in November, outperforming the AusBond Bank Bill Index benchmark by 232 basis points. Longer dated deposits at very attractive levels continue to support the total portfolio performance, with positive results from active management of FRNs. The stockmarket remained positive over 2019, despite volatilities occasionally raised from trade war tension.

6. Council engages CPG Research and Advisory & Imperium Markets for assistance in all investment matters relating to advice, risk and portfolio weighting. CPG monitor the portfolio daily and conduct a monthly health check review. This confirms that Council’s portfolio is conducted within Ministerial and rated counterparty guidelines.

7. Council’s investment portfolio returns are benchmarked to the Ausbond Bank Bill Index to ensure investment returns are acceptable for the investment strategy Council has adopted. Current and Historical Performance as follows:

Past and Present Performance	FYTD	1 Year	2 Year	3 Year	4 Year	5 Year
Total Portfolio	2.87%	3.35%	3.12%	3.18%	3.23%	3.59%
Ausbond Bank Bill Index Benchmark	1.19%	1.58%	1.75%	1.75%	1.84%	2.07%
Outperformance	1.68%	1.77%	1.37%	1.43%	1.39%	1.52%

8. The portfolio is now fully invested, with less than 5% of at-call, and a further 10% of assets maturing within 3 months. This has been a major positive ahead of enormous falls in investment returns, as markets rebounded in CY19 and deposit yields fell dramatically into rate cuts.

9. Council has a substantial allocation to securities and bonds, as well as the CFS credit managed fund, for additional liquidity requirements. The portfolio is well spread across maturities, opportunistically utilising capacity available in short – medium terms, with the allocation towards medium term assets now nearing the maximum.

The maturity profile as at 30/11/19 is as follows:

10. All ADI’s remain within current policy limits with BBB and unrated now approaching policy capacity. The portfolio has maturities occurring on a weekly basis within this category thus freeing opportunity for further investments.

If Council decides to take up TCorp borrowing opportunities, it will be necessary to suspend lower-rated purchases. Most of these Investments are liquid and-or short dated, and this can be readily accommodated over a reasonable period of approximately 12 months. The rating profile as at the end of November is as follows:

11. The majority of Council’s portfolio is deposits, at 63% of the total assets – up 2% from last month. The portfolio also includes liquid credit securities (including indirectly, via funds) and cash, as well as TCorpIM Long Term Growth Fund which is performing very well over the year.

12. The Portfolio allocation as at 30 November 19 is as follows:

13. Term Deposits At month-end, deposits accounted for approximately 63% of the total investment portfolio. The weighted average duration of the deposit portfolio is approximately 528 days (1.45 years). The weighted average yield is 2.41%.

Given a limited window following inflows and ongoing portfolio growth, Council has done well to reposition into very long duration at the last opportunity before the recent cyclical collapse in long rates – a decision that will prove very well rewarded as the yield curve inverts and deposit rates set new record lows throughout FY20.

14. Floating Rate Notes and Bonds returned 2.04% for November with a 12 month return of 2.67% over 12 months. Council purchased the 3 year Citibank A rated FRN during November at BBSW + 0.88%.

15. CFS Managed Credit Funds returned+0.29% (net actual) or 3.59% annualised in November, a satisfactory result above its running yield and well above cash.

Over the long term the fund has significantly exceeded the risk-free benchmark with returns of 3.6% (~184bp p.a. over benchmark) through 3 years, 3.8% over 7 years and mid-100’s since investment pre-GFC, this has been an excellent investment compared to eligible alternatives.

16. The TCorpIM Long-Term Growth Fund gained +2.22% (net actual) in November, reflecting booming global indices and the ASX200 as well as benefitting from a lower $A. They tend to outperform balanced fund peers in such markets, although they have also cut their equity allocations. As this is a longer duration fund of 5-10 years, the following shows how assets are divided within this fund:

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

· Comparison of average funds invested with loans balance (Attachment 1)

· Average interest rate comparison to Ausbond Bank Bill Index (Attachment 1)

· Investments and loans interest compared to budget (Attachment 1)

· List of all council investments (Attachment 2)

· CPG Comprehensive Invsetment report (Attachment 3)

18. The Certificate of Investments for November 2019 is provided below:

Certificate of Investments

I hereby certify that the investments for the month of November 2019 have been made in accordance with the Act, the Regulations and Council’s Investment Policy – Alistair Cochrane, Chief Financial Officer.

CONSULTATION & TIMING

19. Council officers consulted with its financial advisors’ CPG & Imperium during the preparation of this report.

FINANCIAL IMPLICATION FOR COUNCIL

20. There are no financial implications for Council not already noted in this report.

Bruce MacFarlane

Tax & Treasury Accountant

Alistair Cochrane

Acting Chief Financial Officer

Michael Tzimoulas

Executive Director Corporate Services

Attachments:

1 ⇩	Investment and Loans Performance Graph November 2019	1 Page
2 ⇩	List of Council Investments by maturity November 2019	9 Pages
3 ⇩	CPG Comprehensive Monthly Report - November 2019	17 Pages

REFERENCE MATERIAL

Council 10 February 2020 Item 18.2

INNOVATIVE

ITEM NUMBER 18.2

SUBJECT FOR NOTATION: Investment Report for December 2019

REFERENCE F2009/00971 - D07207179

REPORT OF Tax and Treasury Accountant

PURPOSE:

The purpose of this report is to inform Council of the investment portfolio performance for the month of December 2019.

RECOMMENDATION

That Council receives and notes the Investment Report for December 2019.

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 investment portfolio closing balance as at 31^st December 2019 was $503m. The average portfolio holdings held throughout the month was $494.3m

4. Council holds a diversified range of investment products which as at 31^st December 2019 included:

Investment Product	$000	% Held	Return %	Annualised
Term Deposits	$329,530	65.50%	0.20%	2.36%
Floating Rate Notes / Bonds	$121,789	24.21%	0.19%	2.29%
Cash at Call	$19,768	3.93%	0.09%	1.04%
Managed Funds	$14,022	2.79%	0.63%	7.60%
Long Term Growth	$18,022	3.58%	-0.28%	-3.33%
Total Investment Funds	$503,131	100.00%	0.19%	2.27%

5. The Investment portfolio has returned 2.27 % p.a. in December, outperforming the AusBond Bank Bill Index benchmark by 142 basis points.

6. Council engages CPG Research and Advisory & Imperium Markets for assistance in all investment matter’s relating to advice, risk and portfolio weighting. CPG monitor the portfolio daily and conduct a monthly health check review. This confirms that Council’s portfolio is conducted within Ministerial and rated counterparty guidelines.

Past and Present Performance	FYTD	1 Year	2 Year	3 Year	4 Year	5 Year
Total Portfolio	2.77%	3.38%	3.10%	3.14%	3.20%	3.31%
Ausbond Bank Bill Index Benchmark	1.04%	1.50%	1.71%	1.72%	1.81%	1.91%
Outperformance	1.73%	1.88%	1.39%	1.42%	1.39%	1.40%

8. The portfolio now fully invested, with 2% of at-call and a further 10% of assets maturing within 3 months. This has been a major positive ahead of enormous falls in investment returns, as markets rebounded in CY19 and deposit yields fell dramatically into rate cuts.

Although Council outperformed the Ausbond Bank Bill Benchmark by 142 basis points, the overall performance was somewhat detracted by the TCorp Long Term Growth Fund reporting a negative return for December of -3.73%. This growth fund however, has performed extremely well over the last 2 years returning 8.59% and should always be longer- term view of 2-5 years.

The maturity profile as at 31/12/19 is as follows:

10. All ADI’s remain within current policy limits with BBB and unrated now reaching policy capacity. Substantial BBB/Unrated maturities during Jan 20 ($20.5m) will provide capacity within this rating space; however, this will be tightly constrained as council transitions towards a TCorp required investment position.

11. The majority of Council’s portfolio is deposits, at 66% of the total assets – up 3% from last month. The portfolio also includes liquid credit securities (including indirectly, via funds) and cash, as well as TCorpIM Long Term Growth Fund, which is performing very well over the year.

12. The Portfolio allocation as at 31 Dec 19 is as follows:

13. Term Deposits At month-end, deposits accounted for approximately 66% of the total investment portfolio. The weighted average duration of the deposit portfolio is approximately 500 days (1.45 years). The weighted average yield is 2.32%.

Given a limited window following inflows and ongoing portfolio growth, Council has done well to reposition into very long duration at the last opportunity before the recent cyclical collapse in long rates – a decision that will prove very well rewarded as the yield curve remains inverted, and deposit rates set new record lows throughout CY20.

14. Floating Rate Notes and Bonds returned 2.29% for December with a 12-month return of 2.60% over 12 months.

15. CFS Managed Credit Funds gained +0.62% (net actual) in December, as physical credit made strong gains in the month outside the Financials sector.

Over the long term, the fund has significantly exceeded the risk-free benchmark with returns of 3.4% (142 basis points p.a. over benchmark) through 3 years, 3.9% over 7 years and mid-100 since investment pre-GFC, this has been an excellent investment compared to eligible alternatives.

16. The TCorpIM Long-Term Growth Fund had a small loss of -0.29% (net actual) in December, primarily on a stronger $A. They tend to lag balanced fund peers in such markets, and they have cut their global equity allocations in favour of more diversified strategies of mixed success.

The current allocation is as follows:

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

· Comparison of average funds invested with loans balance (Attachment 1)

· Average interest rate comparison to Ausbond Bank Bill Index (Attachment 1)

· Investments and loans interest compared to budget (Attachment 1)

· List of all council investments (Attachment 2)

· CPG Comprehensive Invsetment report (Attachment 3)

18. The Certificate of Investments for December 2019 is provided below:

Certificate of Investments

I hereby certify that the investments for the month of December 2019 have been made in accordance with the Act, the Regulations and Council’s Investment Policy – Alistair Cochrane, Chief Financial Officer.

CONSULTATION & TIMING

19. Council officers consulted with its financial advisors’ CPG & Imperium during the preparation of this report.

FINANCIAL IMPLICATION FOR COUNCIL

20. There are no financial implications for Council not already noted in this report.

Bruce MacFarlane

Tax & Treasury Accountant

Alistair Cochrane

Acting Chief Financial Officer

Michael Tzimoulas

Executive Director Corporate Services

Attachments:

1 ⇩	Investment and Loans Performance Graph December 2019	1 Page
2 ⇩	List of Council Investments by Maturity December 2019	9 Pages
3 ⇩	CPG Comprehensive Monthly Report - December 2019	18 Pages

REFERENCE MATERIAL

Council 10 February 2020 Item 18.3

INNOVATIVE

ITEM NUMBER 18.3

SUBJECT FOR APPROVAL: Draft Development Control Plan and draft Planning Agreement for land at 55 Aird Street, Parramatta

REFERENCE RZ/18/2015 - D07101358

REPORT OF Project Officer, Land Use Planning

applicant Think Planners Pty Ltd

landowner 55Aird Pty Ltd

Development applications considered by sydney central city planning panel - Nil

PURPOSE:

To seek Council’s endorsement to exhibit a draft site-specific Development Control Plan and draft Planning Agreement for land at 55 Aird Street, Parramatta, in conjunction with the Planning Proposal previously endorsed by Council.

RECOMMENDATION

(a) That Council endorse the draft site-specific Development Control Plan for the land at 55 Aird Street, Parramatta, as provided at Attachment 1, for the purpose of public exhibition.

(b) That the Chief Executive Officer be authorised to negotiate the draft Planning Agreement in accordance with the terms outlined in this report and to finalise the draft agreement on behalf of Council for the purpose of public exhibition.

(c) That the draft site-specific Development Control Plan and draft Planning Agreement be placed on public exhibition concurrently with the Planning Proposal for land at 55 Aird Street, Parramatta for a minimum period of 28 days, and the outcome of the public exhibition be reported back to Council.

(d) Further, that Council authorise the Chief Executive Officer to correct any minor inconsistencies or anomalies of an administrative nature relating to the Planning Proposal, draft site-specific Development Control Plan and draft Planning Agreement documentation that may arise during the drafting and exhibition processes.

THE SITE

1. An aerial photo of the subject land at 55 Aird Street Parramatta is shown in Figure 1. It has an area of 658 square metres and is adjoined by Westfield Shopping Centre to the west and south, and two-storey commercial buildings immediately to the east. Demolition of the building on the site was granted development consent (DA/1045/2017) and demolition has occurred. The site currently contains a concrete pad as the only remaining portion of the previous building.

Figure 1: The subject site outlined in yellow

PLANNING PROPOSAL SUMMARY

Table 1: Summary of proposed controls

	Existing Parramatta LEP 2011	Parramatta CBD Planning Proposal	Subject Planning Proposal
Site Area	658m²
Land Use Zoning	B4 Mixed Use	B4 Mixed Use	B4 Mixed Use
Height of Buildings	36m	RL 243m	80m
Floor-space ratio	4.2:1	10:1 (6:1 if the FSR sliding-scale is applied)	10:1 (6:1 following application of the FSR sliding-scale)
Parking	In accordance with Clause 7.3	Strategic Transport Study rates	Strategic Transport Study rates
Number of dwellings ^	32 dwellings	46 dwellings	46 dwellings or 155 hotel rooms *

^ The number of dwellings has been estimated based on the maximum achievable residential gross-floor area (excluding bonuses) divided by an average apartment size of 85m²

* The draft DCP and amended reference design provided by the applicant reflects the proposal by the applicant to develop the site for a hotel

BACKGROUND

2. In August 2015, a Planning Proposal was lodged for 55 Aird Street, Parramatta, which sought to increase the Height of Buildings control on the site from 36 metres (11 storeys) to 120 metres (38 storeys) and to increase the floor space ratio from 4.2:1 to 20:1. The applicant at the time proposed to develop the site as a mixed-use building.

3. At its meeting on 9 May 2016, Council resolved to endorse the planning proposal with a floor space ratio of 10:1 and no height limit, subject to Federal Government airspace provisions. The Planning Proposal was subsequently forwarded to the then Department of Planning and Environment (Department) for a Gateway Determination.

4. A Gateway Determination was issued by the Department in November 2017 which conditioned, amongst other things, that the current floor space ratio sliding-scale under Clause 7.2 of the Parramatta Local Environmental Plan 2011 be applied, meaning that the effective floor space ratio for the site is 6:1, or 6.9:1 with Design Excellence bonus.

5. In February 2018, the Department received a post-Gateway review request from the then applicant (Pacific Planning Pty Ltd) that, amongst other Gateway conditions, objected to the floor space ratio sliding-scale provisions being applied to the subject site.

6. In October 2018 the Independent Planning Commission issued its recommendations which upheld the Gateway Determination in its entirety.

7. At its meeting on 25 February 2019, Council resolved to support the recommendations of the Independent Planning Commission made at the post-Gateway review, and agreed to proceed with the Planning Proposal as the Planning Proposal Authority.

8. In May 2019, Council Officers were approached by the new applicant and landowners of the subject land seeking to progress with the Planning Proposal in accordance with Council’s resolution of 13 June 2017, which required the preparation of a site-specific, Development Control Plan and a Planning Agreement. Since this time, Council Officers have worked with the landowner to prepare a suitable site-specific Development Control Plan and a draft Planning Agreement, noting that the new landowner is seeking to develop the site as a hotel.

DRAFT SITE-SPECIFIC DEVELOPMENT CONTROL PLAN

9. The Parramatta Development Control Plan (DCP) 2011 identifies front, side and rear building setbacks. Buildings above 54 metres, such as those proposed on the subject land are required to provide a six metre tower setback to the street, six metre side setback and 12 metre rear setback. Due to the site’s size, a tower form that complies with the setback controls cannot be developed as the floorplate would not be viable. For this reason, Council Officers have recommended the preparation of a site-specific DCP in order to ensure that setback controls are flexible, provide privacy, ventilation and solar access for future occupants, and help establish a high quality streetscapes with human scale provided by a podium and appropriate tower setbacks.

10. Council’s resolution of 25 February 2019 requires the Planning Proposal, draft Planning Agreement and draft DCP to be exhibited concurrently. In response to the resolution, a draft site-specific DCP has been prepared addressing the design principles listed above and is provided at Attachment 1.

11. As discussed previously, the new landowner has advised that their land use intentions for the site are to develop a hotel (commercial use). Noting the site is zoned B4 Mixed Use, residential development is a permissible land use within this zone. As such, the DCP addresses the two different development scenarios of a purely commercial building (Option A) and a mixed-use building (Option B).

12. A summary of the main controls is as follows:

Table 2: Table comparing the main DCP controls applicable to Option A and Option B

Options A and B
Podium Height	6 storeys / 20m – to be aligned with Westfield parapet
Podium setback to Aird Street	0m
Upper level setback to Aird Street	3m
Option A (Commercial scheme)
Rear Setback	6m
Western Setback	0m
Eastern Setback	0m for a maximum of 18m length in one stretch, minimum 7m wide lightwell
Option B (Mixed-use scheme)
Rear Setback	9m
Western Setback	0m for a total maximum of 18m in length, 3m otherwise
Eastern Setback	0m for a total maximum of 18m in length, 3m otherwise

13. The nine metre rear setback to the east for Option B (mixed-use building) reflects the requirements of the Apartment Design Guide pursuant to State Environmental Planning Policy No. 65 as it applies to residential development. This draft DCP provides for an 18 metre separation between residential towers, which despite being below the 24 metre requirement, is considered appropriate in a highly constrained CBD context. Option A provides for a lesser six metre setback which reflects the commercial nature of the tower.

14. Given the narrow lot frontage, Council Officers have also sought to ensure that development takes place in a manner that minimises blank walls and provides visual interest to the building when viewed from the street. Under Option B, the eastern and western boundaries can only have a zero-metre setback (blank walls) for a maximum length of 18 metres. A three-metre setback is applied along the remainder of the frontage.

15. The applicant has raised concern with applying the same side-setback controls for the Option A (a wholly commercial scheme) as it would result in an inefficient hotel floorplan. Instead, the applicant has agreed to a control which would limit a contiguous zero metre setback on the eastern (street-facing) boundary. The zero metre setbacks are to be broken up by a lightwell that is to be of a minimum length and depth of seven metres. Further vertical articulation of the boundary walls is also provided by the ‘sky gardens’ which facilitate mid-level leisure space for the proposed hotel.

16. Typical floorplans for both the wholly commercial and mixed-use scheme are provided in Figure 2 and Figure 3 below.

Figure 2: Typical floorplan of a commercial/hotel scheme (Option A) with the site outlined in red

Figure 3: Typical floorplan of a mixed-use scheme (Option B) with the site outlined in red

17. The western boundary fronts the Westfield loading dock and car park and Council Officers are comfortable in allowing a contiguous blank wall along this frontage if a wholly commercial scheme is developed as it does not front any public domain resulting in lesser visual impacts.

18. Revised reference designs for both the commercial and residential/mixed-use schemes are provided at Attachment 3 and show how development of the subject site that complies with the setbacks could be designed. The design process will still need to undergo a design competition process before a Development Application is lodged.

DRAFT PLANNING AGREEMENT

19. Council’s resolution on 25 February 2016 included the authority to proceed with negotiations for a Planning Agreement which is to be placed on exhibition concurrently with the Planning Proposal and draft DCP.

20. Should the applicant proceed with the fully commercial development option (Option A), they will not be required to act on the Planning Agreement as commercial development does not attract a requirement for a Planning Agreement under Council’s CBD Planning Proposal Community Infrastructure framework. However, the site is zoned B4 Mixed Use and there is nothing prohibiting an applicant from lodging a development application for a mixed-use building (Option B). As such, a Planning Agreement is still required to be entered into, albeit with a condition that the contribution will only be delivered in the case of a residential development.

21. Council’s current Planning Agreements Policy applies a Phase 1 value-sharing amount of $150 per square metre. Under this mechanism, the commercial terms of the draft Planning Agreement should provide a monetary contribution of $177,660.

22. Phase 1 value-sharing represents the increase in FSR between the “base” FSR control and the “incentive” FSR control. The applicable value-sharing rate for Phase 1 is 20 per cent of this land value uplift. Using this methodology, the draft Planning Agreement for the subject site is based on the following calculations:

Table 3: Calculation of the monetary contribution amount

Development parameters
Site Area	658m²
Base FSR	4.2:1
Base Gross Floor Area	(4.2 x 658 m²) = 2,763.6m²
Incentive FSR	6:1
Incentive Gross Floor Area	(6 x 658m²) = 3,948m²
Phase 1 calculation
Uplift in Gross Floor Area	(3,774m²– 2,641.8m²) = 1,184.4m²
Increase in residential floor area multiplied by $150	(1,184.4m² x $150) = $177,660

23. However, the Gateway Determination for the Parramatta CBD Planning Proposal requires Council to review its community infrastructure framework. Council Officers are currently reviewing this framework with the goal of having the matter reported in March 2020.

24. Given that Council’s adopted community infrastructure framework informs the negotiation of Planning Agreements within the Parramatta CBD, there is a risk that this Planning Agreement for the subject site may be inconsistent with any future revised community infrastructure framework.

25. The landowner has written to Council Officers and has agreed to draft their Planning Agreement in a manner whereby the monetary contribution can be adjusted should Council’s policy position on community infrastructure for residential floor space in the Parramatta CBD change but this only applies to residential floor space not commercial floor space (Attachment 2).

26. The recommendation of Council Officers is that any community infrastructure framework not require a contribution for the commercial component of any development. The applicant’s amended offer provides Council security that the contribution payable will be consistent with the contribution required for residential development at the time the development application is granted but should Council change its policy in relation to a contribution for commercial floor space it would not be payable under the applicant’s offer.

27. The Planning Agreement provides for the monetary contribution to be used by Council towards public domain works in the Parramatta CBD. The monetary contribution is in addition to Section 7.11/12 development contributions payable with respect to any redevelopment of this site.

FINANCIAL IMPLICATION FOR COUNCIL

28. A monetary contribution of $177,660 will be provided to Council only in the case that the redevelopment contains residential uses via a Planning Agreement. However, Planning Agreement will be drafted in a manner so that the monetary contribution amount can be amended should Council adopt different value-sharing rates.

CONCLUSION

29. If endorsed, the draft DCP and draft Planning Agreement will be publicly exhibited concurrently with the Planning Proposal for 55 Aird Street, Parramatta, for a minimum of 28 days. The outcome of the public exhibition will be reported to Council at the end of the public exhibition.

Marko Rubcic

Project Officer, Land Use Planning

Robert Cologna

Team Leader Land Use Planning

Jonathon Carle

Land Use Planning Manager

Jennifer Concato

Executive Director City Strategy & Development

Attachments:

1 ⇩	Draft site-specific Development Control Plan	7 Pages
2 ⇩	Letter of Offer	1 Page
3 ⇩	Revised Reference Design	12 Pages

REFERENCE MATERIAL

Council 10 February 2020 Item 18.4

INNOVATIVE

ITEM NUMBER 18.4

SUBJECT FOR APPROVAL: Draft Development Control Plan and draft Planning Agreement for land at 33-43 Marion Street, Parramatta

REFERENCE RZ/9/2017 - D07133241

REPORT OF Project Officer, Land Use Planning

applicant Pacific Planning Pty Ltd

landowner Multiple landowners (details provided in Attachment 6)

Development applications considered by sydney central city planning panel - Nil

PURPOSE:

To seek Council’s endorsement to publicly exhibit a draft site-specific Development Control Plan and draft Planning Agreement for land at 33-43 Marion Street, Parramatta, in conjunction with the Planning Proposal previously endorsed by Council.

RECOMMENDATION

(a) That Council note that the subject Planning Proposal provided at Attachment 1 has been amended following the Gateway Determination and alteration received for the subject Planning Proposal and following Council’s endorsement of the Marion Street Precinct Plan prepared in support of the Parramatta CBD Planning Proposal.

(b) That Council endorse the draft site-specific Development Control Plan for the land at 33-43 Marion Street, Parramatta, as provided at Attachment 2, for the purpose of public exhibition.

(c) That Council authorise the Chief Executive Officer to commence the legal drafting of a Planning Agreement in accordance with the terms outlined in this report and to finalise the draft agreement on behalf of Council for the purpose of public exhibition.

(d) That the draft site-specific Development Control Plan and draft Planning Agreement be placed on public exhibition concurrently with the Planning Proposal for land at 33-43 Marion Street, Parramatta, for a minimum period of 28 days, and the outcome of the public exhibition be reported back to Council.

(e) Further, that Council authorise the Chief Executive Officer to correct any minor inconsistencies or anomalies of an administrative nature relating to the Planning Proposal, draft site-specific Development Control Plan and draft Planning Agreement documentation that may arise during the drafting and exhibition processes.

THE SITE

1. The subject site is located at 33-43 Marion Street, Parramatta, as shown in Figure 1. It has an area of approximately 2,367 square metres and is bound by Marion Street to the north, Station Street West to the east, Peace Lane to the south and a single-storey heritage-listed dwelling to the west.

2. The subject land itself contains six properties containing the following:

· 33 Marion Street - a single-storey residential dwelling;

· 35 Marion Street - a single-storey residential dwelling;

· 37 Marion Street - a single-storey residential dwelling currently identified as a Heritage Item in the Paramatta LEP 2011, but for which development consent has been granted for demolition;

· 39 Marion Street - a two-storey commercial building;

· 41 Marion Street - a two-storey mixed-use building; and

· 43 Marion Street - a three-storey commercial building.

Figure 1: The subject sites outlined in yellow

PLANNING PROPOSAL SUMMARY

Table 1: Summary of proposed controls

	Parramatta LEP 2011	Parramatta CBD Planning Proposal	Subject Planning Proposal
Site Area	2,367.5m²
Land Use Zoning	B4 Mixed Use	B4 Mixed Use	B4 Mixed Use
Height of Buildings	12m	80m	80m
Floor-space ratio	2:1	6:1	6:1
Parking	In accordance with Clause 7.3	Strategic Transport Study rates	Strategic Transport Study rates
Heritage	37 Marion St listed	37 Marion St listed	37 Marion St delisted
Number of dwellings ^	55 dwellings	167 dwellings	167 dwellings

^ The number of dwellings has been estimated based on the maximum achievable residential gross-floor area (excluding bonuses) divided by an average apartment size of 85m²

BACKGROUND

3. In May 2019, a Planning Proposal was lodged for 33-43 Marion Street, Parramatta, which sought to increase the maximum floor space ratio control from 2:1 to 10:1 and increase the maximum height of buildings control from 12 metres to 120 metres. The applicant proposed to develop a mixed-use building on the site.

4. At its meeting on 12 February 2018, Council resolved to endorse the Planning Proposal with a maximum floor space ratio of 6:1 and with no maximum height of building controls. The endorsed Planning Proposal also included the delisting of local heritage items I729 (29 Marion Street), I730 (31 Marion Street) and I731 (37 Marion Street). It is noted that 29 and 31 Marion Street did not form part of the future development site.

5. On 23 April 2018, the Parramatta Local Planning Panel granted development consent for the demolition of existing buildings including the locally heritage listed dwelling at 37 Marion Street, Parramatta. As of January 2020, demolition has still not commenced.

6. On 23 July 2018, the then Department of Planning and Environment issued a Gateway Determination which required the Planning Proposal and Urban Design Report to be updated to reflect various conditions. In summary, the Gateway Determination required that the applicant provide the Department with a further assessment of the proposed built form controls and the impacts on local character and that the delisting of heritage items at 29 and 31 Marion Street be removed from the Planning Proposal. The Gateway Determination is provided at Attachment 4.

7. Following ongoing correspondence between Council Officers and the applicant, the additional material was provided to the Department in November 2018 and the Department issued an Alteration of the Gateway Determination on 27 May 2019 (Attachment 5). The amended Gateway conditions required that the Planning Proposal be consistent with the Gateway Determination for the Parramatta CBD Planning Proposal and any subsequent study prepared by Council in relation to heritage and the built form controls for Marion Street.

8. It was noted that Council had previously resolved at its meeting on 25 March 2019 to prepare a precinct plan with supporting heritage analysis for the Marion Street precinct. The applicant requested that their site-specific Planning Proposal not be progressed until the outcome of the precinct plan was known and endorsed by Council.

MARION STREET PRECINCT PLAN

9. The Marion Street precinct plan was commissioned by Council and prepared by an independent urban design and heritage consultant (SJB Urban with specialist input from Paul Davies Heritage Consultants) and investigated the heritage values of the Marion Street precinct and the potential heritage impacts resulting from the Parramatta CBD Planning Proposal.

10. The study provided recommendations which mitigate adverse impacts on heritage values through modifications to the proposed planning controls in the Parramatta CBD Planning Proposal and proposed further controls that could be incorporated into a future Development Control Plan.

11. In relation to the subject site, the precinct plan supported a floor space ratio control of 6:1 plus design excellence provisions. The study also acknowledged the existing Planning Proposal at 33-43 Marion Street and thus provided detailed built-form controls that could be incorporated into a site-specific Development Control Plan.

12. At its meeting on 25 November 2019, Council endorsed the updated draft Parramatta CBD Planning Proposal which was informed by several technical studies, including the Marion Street Precinct Plan.

DRAFT SITE-SPECIFIC DEVELOPMENT CONTROL PLAN

13. The draft site-specific Development Control Plan has been drafted in accordance with the built-form recommendations of the Marion Street precinct plan. The site-specific Development Control Plan, as provided at Attachment 1, seeks to:

· Provide an improved, pedestrian-friendly environment;

· Activate ground floor space along Marion Street and Station Street West;

· Achieve a suitable built-form outcome that addresses its contextual surrounds;

· Ensure a suitable interface with adjoining heritage items; and

· Create a permeable ground plane through visual and physical connections and through-site links

14. A diagram of the proposed podium and tower setbacks is shown in Figure 2 below.

Figure 2: Podium and tower setbacks in the draft site-specific Development Control Plan

15. The site-specific DCP manages heritage interfaces by providing a three metre setback to Marion Street which increases to six metres towards the adjoining heritage item and provides a three-storey podium which responds to the low-rise scale of surrounding developments on Marion Street and Peace Lane.

16. The draft site-specific Development Control Plan has been drafted in accordance with the Council-endorsed Marion Street precinct plan and Council Officers are satisfied that the proposed built form controls will result in an appropriate urban design outcome.

PLANNING AGREEMENT LETTER OF OFFER

17. The applicant has submitted a letter of offer which is provided at Attachment 3. In the offer, the applicant has proposed to provide Council with a monetary contribution of $150 per square metre for additional residential floor space facilitated by the Planning Proposal above that permitted under the current Parramatta LEP 2011 land use controls for residential floor space.

18. Based on the residential floor space uplift generated by the Planning Proposal, the Planning Agreement would result in a monetary contribution of $1.42 million. This amount complies with Council’s Planning Agreements Policy which applies a Phase 1 value-sharing amount of $150 per square metre.

19. Phase 1 value-sharing represents the increase in FSR between the “base” FSR control and the “incentive” FSR control. The applicable value-sharing rate for Phase 1 is 20 per cent of this land value uplift. Using this methodology, the draft Planning Agreement value for the subject site is based on the following calculations:

Table 2: Calculation of the monetary contribution amount

Development parameters
Site Area	2,367m²
Base FSR	2:1
Base Gross Floor Area	(2 x 2,367m²) = 4,734m²
Incentive FSR	6:1
Incentive Gross Floor Area	(6 x 2,367m²) = 14,202m²
Phase 1 calculation
Uplift in Gross Floor Area	(14,202m²– 4,734m²) = 9,468m²
Increase in residential floor area multiplied by $150	(9,468m² x $150) = $1,420,200

20. However, the Gateway Determination for the Parramatta CBD Planning Proposal requires Council to review its community infrastructure framework. Council Officers are currently reviewing this framework with the goal of having the matter reported in March 2020.

21. The applicant has written to Council Officers and has agreed to draft their Planning Agreement in a manner whereby the monetary contribution can be adjusted should Council’s policy position on community infrastructure for residential floor space in the Parramatta CBD change but this only applies to residential floor space not commercial floor space (Attachment 7).

22. The recommendation of Council Officers is that any community infrastructure framework not require a contribution for the commercial component of any development. The applicant’s amended offer provides Council security that the contribution payable will be consistent with the contribution required for residential development at the time the development application is granted but should Council change its policy in relation to a contribution for commercial floor space it would not be payable under the applicant’s offer.

23. The monetary contribution is to be used by Council towards community infrastructure in the Parramatta CBD and is in addition to Section 7.11/12 development contributions payable with respect to any future redevelopment of this site.

24. Should Council accept the Planning Agreement letter of offer, the formal written agreement will be legally drafted and agreed to by both parties prior to public exhibition.

PROVISION OF PUBLIC DOMAIN

25. Existing footpaths, particularly along Station Street West, are narrow. The increase in pedestrian traffic that will occur as the Parramatta CBD develops, will significantly impact on urban amenity and safety in the area.

26. The site-specific DCP proposes a publicly accessible pedestrian through-site link along the western boundary. Additionally, three metres of the northern and western setbacks are to be publicly accessible to allow for footpath widening. These controls allow for more generous footpaths to accommodate increased pedestrian traffic and create a more permeable street network.

27. However, setbacks alone cannot ensure that footpath widening occurs as it is possible for a landowner to use the area for private activities (e.g. outdoor dining) or not grant public access over the setback area.

28. It is recommended that the Planning Agreement be negotiated so that at least part of the setbacks have easements for public access to ensure that footpath widening and through-site links are provided. The following easements are proposed and are in accordance with the draft site-specific DCP:

· Three metres from the northern boundary (noting the building podium is to be setback a variable 3-6 metres from the northern boundary);

· Three metres from the eastern boundary (noting the building podium is to be setback six metres from the eastern boundary); and

· Three metres from the western boundary (noting the building podium is to be setback six metres from the western boundary).

The areas to be publicly assessable are shown in Figure 3 below.

Figure 3: Area to be publicly accessible shown in blue

29. As the land subject to the easements for public access will not be dedicated to Council, the Planning Agreement should not seek to offset the land value of the easements from the monetary contribution.

FINANCIAL IMPLICATION FOR COUNCIL

30. Should the Planning Agreement be drafted in accordance with Council’s Planning Agreements Policy and the terms of the applicant’s letter of offer, an monetary contribution of $1,420,500 would be provided to Council for community infrastructure in the Parramatta CBD. However, the Planning Agreement will be drafted in a manner so that the monetary contribution amount can be amended should Council adopt a different value-sharing rate.

CONCLUSION

31. It is recommended that the Chief Executive Officer be authorised to finalise the legal drafting of the draft Planning Agreement on behalf of Council for the purpose of public exhibition.

32. The draft Planning Agreement and draft site-specific Development Control Plan will be publicly exhibited concurrently with the Planning Proposal for 33-43 Marion Street, Parramatta. The outcome of the public exhibition will be reported to Council following the public exhibition period.

Marko Rubcic

Project Officer, Land Use Planning

Robert Cologna

Team Leader Land Use Planning

Jonathon Carle

Land Use Planning Manager

Jennifer Concato

Executive Director City Strategy & Development

Attachments:

1 ⇩	Planning Proposal	67 Pages
2 ⇩	Draft site-specific Development Control Plan	5 Pages
3 ⇩	Letter of Offer	1 Page
4 ⇩	Gateway Determination July 2018	5 Pages
5 ⇩	Gateway Alteration May 2019	3 Pages
6 ⇩	List of Landowners	1 Page
7 ⇩	Applicant Letter to Council	1 Page

REFERENCE MATERIAL

Council 10 February 2020 Item 18.5

INNOVATIVE

ITEM NUMBER 18.5

SUBJECT FOR APPROVAL: Gateway Request: Planning Proposal - Properties on the western side of Essex Street, Epping (between Maida and Epping Roads)

REFERENCE F2019/02038 - D07149508

REPORT OF Senior Project Officer - Land Use

PREVIOUS ITEMS 14.5 - Epping Town Centre Traffic Study and other Epping Planning Review Matters - Council - 09 Jul 2018 6.30pm

11.3 - Epping Planning Review - Completion of Stage 1 and Commencement of Stage 2 - Council - 14 Aug 2017 6:00pm

PURPOSE:

To seek Council’s endorsement of a Planning Proposal for land on the western side of Essex Street (between Maida and Epping Roads), Epping, for the purposes of seeking a Gateway Determination from the Department of Planning, Industry and Environment to permit detached dual occupancy development on the subject land.

RECOMMENDATION

(a) That Council endorse the Planning Proposal at Attachment 1, which seeks the following amendments to Hornsby Local Environmental Plan (LEP) 2013 for land on the western side of Essex Street, Epping (between Epping and Maida Roads):

o Amend Schedule 1 and associated maps to permit dual occupancy (detached) as an additional permitted uses with development consent if the lot has an area of at least 700 square metres;

o Amend the relevant clauses relating to minimum subdivision lot size for the subject properties to allow community title and strata title subdivision with no minimum lot size requirement, if there is a dual occupancy on the lot and one dwelling will be situated on each lot resulting from the subdivision.

o Apply a maximum floor space ratio (FSR) control of 0.5:1, noting there is no existing FSR control for the subject sites.

(b) That the Planning Proposal be forwarded to the Department of Planning, Industry and Environment to request the issuing of a Gateway Determination.

(c) That amendments to the relevant sections of the Hornsby Development Control Plan (DCP) 2013 relating to setbacks, landscaping, minimum provision of private open space, subdivision, car parking, trees and roof form in accordance with the principles in this report be prepared and reported to Council for endorsement prior to their public exhibition with the Planning Proposal.

(d) That amendments to Section 3 of the Hornsby DCP 2013 relating to widening of the pedestrian link between Essex Street to Forest Grove be prepared and reported to Council notwithstanding the outcome of the Gateway Determination of the subject Planning Proposal.

(e) That Council advises the Department of Planning, Industry and Environment that the Chief Executive Officer will be exercising the plan-making delegations for this Planning Proposal as authorised by Council on 26 November 2012.

(f) That Council authorise the Chief Executive Officer to correct any minor anomalies of a non-policy and administrative nature that may arise during the amendment process.

(g) Further, that Council note the Local Planning Panel’s advice to Council is to not support the Planning Proposal (refer Attachment 2), which is inconsistent with the Council Officer’s recommendation in this report.

PLANNING PROPOSAL TIMELINE

SITE DESCRIPTION

1. This Planning Proposal relates to 20 land parcels on the western side of Essex Street, Epping between Maida and Epping Roads. A site map is shown in Figure 1.

Figure 1: Properties along Essex and Pembroke Streets, Epping subject to this Planning Proposal (as outlined in yellow)

2. As shown at Figure 1, the subject sites are large lots (between 515 square metres and 2,170 square metres in size) and contain a one or two-storey dwelling house. Two businesses operate in the subject area - a family day care facility at 15 Maida Road and Epping Eye Surgery at 40 Essex Street. Four properties already contain dual occupancy and have been subdivided (48, 48A, 60 and 60A Essex Street).

BACKGROUND

3. This summary report is supported by a detailed assessment report included at Attachment 2 that was provided to the Local Planning Panel at its meeting on 17 December 2019. The Panel’s advice to Council is to not endorse the Planning Proposal, which is inconsistent with Council Officer’s recommendation.

4. The Planning Proposal is a progression of the Epping Planning Review undertaken by Council in 2017 and 2018 and the resolution made by Council on 9 July 2018 in relation to a number of matters, including issues of development interface with Heritage Conservation Areas. For a detailed background to the Epping Planning Review refer to the ‘Background’ section of the report at Attachment 2.

5. Council considered the outcomes of the community feedback, technical studies and Council Officer assessment undertaken as part of the Epping Planning Review in respect of the subject sites (of this Planning Proposal) at its meeting on 9 July 2018 and resolved in part:

“(j) That a Planning Proposal and Draft DCP amendments including all necessary background studies and analysis be prepared to progress amendments to these plans for the Essex Street HCA Precinct with the planning controls to be consistent with the following:-

(i) Retention of the existing Heritage Conservation Area for both sides of Essex Street

(ii) Amend the planning controls to allow for detached dual occupancies on the western side of Essex Street between Epping Road and Maida Road (which are the sites that are impacted by proximity to the adjoining 5 storey apartment buildings) in the form where the second dwelling shall be permitted behind the existing dwelling but not in a Duplex form.

(iii) That the Draft DCP that applies to this HCA and surrounding land be reviewed with a view to including: -

· a detailed analysis of significant trees located on the sites on the western side of Essex Street and supporting DCP controls that seek protect those trees; and

· Draft DCP planning controls that require provision to be made for the widening and improvement of the pedestrian link currently located between 58-60 Essex Street linking through to Forest Grove;

and that the Planning Proposal and associated material be reported to Council for endorsement before it is forwarded to the Department of Planning and Environment seeking any Gateway Determination for the planning proposal.”

6. It is noted that two planning proposals were considered by Council at its meeting of 17 September 2019 (Items 6.5 and 6.6) which seek to amend planning controls to reduce the adverse impact of high density residential on heritage conservation areas in Epping, namely:

a. 1-7 and 2-8 Rosebank Avenue, within the Rosebank Heritage Conservation Area; and

b. Various properties along Essex and Pembroke Street and Rockleigh Precinct which adjoin the East Epping Heritage Conservation Area.

7. The above planning proposals have received conditional Gateway Determinations on 10 January 2020 from the Department of Planning Industry and Environment and proposed draft DCP amendments for Rosebank Avenue Planning Proposal will be reported back to Council shortly prior to public exhibition.

EXISTING PLANNING CONTROLS

8. The following planning controls of the Hornsby LEP 2013 apply to the subject properties:

a. Zoned R2 Low Density Residential;

b. Maximum building height of 8.5 metres (approximately 2 storeys);

c. Minimum lot size of 500sqm;

d. No maximum floor space ratio (FSR) apply to the subject properties;

e. Within the Essex Street Heritage Conservation Area (C10) and contains one heritage item at 42 Essex Street, Epping; and

f. Land acquisition reservation for classified road applies to a portion of 38 Epping Road, which is owned by the NSW Roads and Maritime Services (RMS). This portion was recently used by the RMS as part of the Epping Road (between Blaxland Road and Essex Street) widening project.

9. Dual occupancy development is not permissible within the R2 Low Density Residential zone under the Hornsby LEP 2013.

10. The relevant Hornsby LEP 2013 maps are found at Figures 3-7 included in the report at Attachment 2.

PLANNING PROPOSAL

11. The Planning Proposal reflects the intent of the resolution made by Council on 9 July 2018 in relation to issues of the interface of high density development with the Essex Street Heritage Conservation Area assessed as part of the Epping Planning Review. The Planning Proposal seeks planning controls which allow dual occupancy (detached) under the Hornsby LEP 2013 in respect of properties at 38-68A Essex Street and 15 Maida Road and retain the current heritage conservation area notation. A detailed assessment of the planning proposal is included at Attachment 2 as part of the Local Planning Panel report.

12. This Planning Proposal proposes the following amendments to Hornsby LEP 2013 in respect of properties at 38-68A Essex Street and 15 Maida Road, Epping:

a. Amend Schedule 1 and associated maps to permit dual occupancy (detached) as an additional permitted uses with development consent only if the lot has an area of at least 700 square metres (refer Figure 2);

b. Amend the relevant clauses relating to minimum subdivision lot size for the subject properties to allow community title and strata title subdivision apply with no minimum lot size requirement, if there is a dual occupancy on the lot and one dwelling will be situated on each lot resulting from the subdivision.

c. Apply a maximum floor space ratio (FSR) control of 0.5:1, noting there is no existing FSR control for the subject sites (refer Figure 3).

13. The proposed Hornsby LEP 2013 maps are found at Figures 9 and 10 included in the report at Attachment 2.

14. As dual occupancy is not currently permitted in the R2 Low Density Residential zone, it is proposed to amend Schedule 1 Additional Permitted Uses and corresponding map to allow dual occupancy (detached) on the subject properties. It is proposed to establish a minimum lot size of 700 square metres before dual occupancy (detached) is permitted.

15. It is proposed to amend the relevant clauses of the Hornsby LEP 2013 relating to minimum subdivision lot size (that is, the size of the lot as a result of subdivision). It is proposed to allow community title and strata title subdivision to apply with no minimum lot size requirement, if there is a dual occupancy on the subject sites. The subdivision for the purposes of dual occupancy development is proposed to apply to a strata title or community title subdivision only. This is due to heritage reasons, as Torrens title subdivision would permanently alter the subdivision pattern by creating two lots.

16. At its meeting of 11 November 2019 Council resolved to seek a Gateway Determination for the harmonisation Planning Proposal, which seeks to harmonise the various LEPs applying in the City of Parramatta LGA, . If the subject Planning Proposal is finalised prior to the finalisation of the harmonisation Planning Proposal, the harmonisation Planning Proposal would need to incorporate amendments to achieve the intent of this subject Planning Proposal.

17. The Hornsby LEP 2013 does not generally apply a standard floor space ratio (FSR) to residential areas, including properties in Essex Street. As part of Council’s harmonisation of planning controls, an application of floor space ratio of 0.5:1 is recommended for the subject properties. The retention of the current maximum height of buildings of 8.5 metres, together with the proposed 0.5:1 FSR is sufficient to ensure an appropriate scale for the secondary dwelling.

CONSIDERATION BY THE LOCAL PLANNING PANEL

18. The detailed assessment report considered by the Local Planning Panel at its Meeting on 19 March 2019 is included as Attachment 2. The Panel considered the matter and its advice to Council is as follows: “That Council not endorse the Planning Proposal...” The Panel’s decision was unanimous.

19. The reasons for decision by the Panel is as follows:

“1. The Panel has considered the issues related to the planning proposal and submissions from three nearby residents, as well as the background and reasons for the amendments proposed to the Hornsby LEP 2013 relating to the land on the western side of Essex St, Epping.

2. Panel members inspected the site and noted the importance of the existing significant trees on many of the sites and the tree canopies. The tree canopies provide visual screening and an important scale transition between the adjacent R4 high density residential zone and the heritage conservation area generally.

3. The Panel believes there will be inevitable loss of trees at the rear of the Essex St. Properties if new dual occupancy dwellings are constructed.

4. The loss of tree canopy will not only affect the west side of Essex St but also the eastern side and the street itself. It will negatively impact on the character of the conservation area.

5. There are only a small number of new sites that could take advantage of the changes to dual occupancy provision, but the impact on the area will be substantial.”

KEY ISSUES

20. Analysis of the key issues relating to land use matters, retention of mature trees, impacts on the heritage conservation area and traffic and car parking are detailed in the assessment report to the Local Planning Panel at Attachment 2 and summary is provided below.

Land Use Planning Issues

21. Council’s urban design testing show that of the twenty (20) properties within the subject area, only 9 could potentially accommodate a dual occupancy development. Analysis indicates of the remaining 11 properties, are unlikely to be able to accommodate a detached dual occupancy dwelling because there is insufficient rear space or rear access to accommodate an additional dwelling and retain the existing dwelling or subdivision for dual occupancy has already occurred (at 48, 48A and 60, 60A Essex St) and therefore could not be further subdivided.

22. An unintended consequence or risk of the proposed planning controls is that it may encourage development applications for dual occupancy seeking the removal of existing dwellings to accommodate two new dwellings. The current Hornsby Development Control Plan (DCP) 2013 controls which prescribe the retention of Federation, Interwar and post-war era buildings will remain in place. The existing Hornsby DCP controls mean it is unlikely that the Council would recommend approving an application to demolish the existing dwelling for the majority of dwellings along Essex Street if they have heritage value. If an application was refused and the applicant appeals to the Land and Environment Court, there is a risk that demolition may result and therefore undermine the integrity of the heritage conservation area.

Impact on Heritage Conservation Area and mature trees

23. The proposed amendments will retain the Essex Street Heritage Conservation Area notation and aim to uphold its integrity through preservation of the existing dwellings and the sympathetic design of any new dwellings so as not to adversely impact of the streetscape. However, to ensure amenity for both dwellings, some trade-offs are required to be made. Refer Figure 2 for the potential scenario for accommodating a dual occupancy on site in Essex Street.

24. In order to minimise the impact on the heritage conservation area while maintaining reasonable amenity to both dwellings, it is proposed to introduce new draft DCP controls. The new dwelling would have a flat roof (2-storey) to be less visible from the street and protect the heritage streetscape. It is also proposed to locate both car parking spaces to the rear, wholly behind the existing dwelling, so not to be visible from the street. The private open spaces designed for both properties would be located to the rear of the properties so that there would be no incentive for the front fence to be changed (increase height of fencing).

25. In order to maintain adequate separate and provision of quality private open space (north facing to maximise solar access) for both dwellings, the location of the new dwelling may require the removal of mature trees at the rear boundary fence. Under the current Hornsby DCP controls, any work to a tree that is or forms part of a heritage item or heritage conservation area, requires approval from the Council.

26. An analysis using aerial photography indicates that on those seven properties that can potentially accommodate detached dual occupancy most of mature trees at the rear of the properties will require removal (it is noted that the aerial analysis did not identify the species and condition of the trees). The two vacant properties at 38 and 52 Essex Street already have some level of tree removal to accommodate future development. Trees that require removal under this potential scenario are shown at Figure 3.

27. In order to offset the removal of any mature trees, it is proposed that a new DCP requirement is proposed to demonstrate new established trees are planted in the private open space of the new dwelling. The location of the new private open space would mean there would be potential for new tree plantings on the boundary (refer Figure 2).

Figure 2: Potential scenario for accommodating detached dual occupancy on site in Essex Street, Epping

scenario 3 for report

Figure 3: Potential scenario for accommodating detached dual occupancy on site in Essex Street, Epping. Potential tree removal shown in red circles.

Traffic and parking impacts

28. The number of additional dwellings expected to be developed as a result of the subject Planning Proposal is very minor. Therefore, it is expected that any additional traffic generated from additional dwellings as a result of this Planning Proposal would not change the impact on the current and future level of service at key intersections as modelled by the Epping Town Centre Traffic Study (as undertaken as part of the Epping Planning Review).

29. It is considered that there may be some localised on-street parking impacts as a result of any development generated from the subject Planning Proposal. To maintain the integrity of the streetscape, one parking space for each dwelling is proposed to be required in the DCP amendments to be located behind the front of the existing dwelling. It is not possible to accommodate more than one space for each dwelling unless the private open space for each dwelling was significantly reduced. Therefore, any additional cars associated with the dwellings would need to park on the street.

AMENDMENTS TO HORNSBY DEVELOPMENT CONTROL PLAN 2013

30. It is proposed that draft amendments will be prepared to Section 9 of the Hornsby DCP 2013 to ensure sympathetic built form of any new dwelling at the rear and retention of the streetscape is maintained along Essex Street. The controls will also ensure the amenity of both existing and new dwellings are considered and the opportunity for mature trees to be retained and planted. It is proposed that these amendments will be required to be endorsed by Council prior to the public exhibition alongside this Planning Proposal.

31. Furthermore, the Council resolution of 9 July 2018, states that DCP provisions be drafted for the widening and improvement of the pedestrian link currently located between 58-60 and 60A Essex Street and 19-21 and 15-17 Forest Grove. It is the intention that the draft DCP amendments relating to the pedestrian link be publicly exhibited together with the draft DCP amendments relating to the proposed dual occupancy controls for the subject properties. However, in the event the subject Planning Proposal does not progress, this matter could be considered separately to the Planning Proposal (as it does not rely on any amendments to LEP controls) and be drafted and considered by Council for endorsement.

PLAN-MAKING DELEGATIONS

32. Delegations were announced by the Minister for Planning in October 2012, allowing councils to make LEPs of local significance. On 26 November 2012 Council resolved to accept the delegation for plan making functions. Council also resolved that these functions be delegated to the Chief Executive Officer.

33. Should Council resolve to proceed with this planning proposal, Council should exercise its plan-making delegations. This means that after the planning proposal has been to Gateway, undergone public exhibition and been adopted by Council, Council officers will deal directly with the Parliamentary Counsel Office in the drafting of the LEP amendment, which is then signed by the CEO before being notified on the NSW Legislation web-site. Any Gateway determination issued for the site by the Department of Planning, Industry and Environment will ultimately determine whether Council can be the plan-making authority in this particular instance.

NEXT STEPS

34. Council officers recommend that Council:

a. progress the Planning Proposal described in this report, and included at Attachment 1; and

b. prepare draft amendments to Hornsby DCP 2013, as outlined in this report, and report them to Council for endorsement prior to public exhibition with the Planning Proposal.

c. In the event that Council resolves not to progress the Planning Proposal, that the proposed draft DCP amendments relating to the Forest Grove / Essex Street pedestrian link be prepared and reported to Council separately for endorsement.

35. As part of the public exhibition of the Planning Proposal, effected landowners and surrounding residents and key stakeholders including Council’s Heritage Advisory Committee will be notified.

36. Pending Council endorsement, the next step would be to send the Planning Proposal to the Department of Planning, Industry and Environment with a request for a Gateway Determination.

Bianca Lewis

Senior Project Officer - Land Use

Jonathon Carle

Land Use Planning Manager

Jennifer Concato

Executive Director City Strategy & Development

Attachments:

1 ⇩	Planning Proposal Essex Street (western side between Epping and Maida Roads)	34 Pages
2 ⇩	Local Planning Panel Report and Minutes 17 December 2019 - Essex St, Epping	30 Pages

REFERENCE MATERIAL

Council 10 February 2020 Item 18.6

INNOVATIVE

ITEM NUMBER 18.6

SUBJECT FOR APPROVAL: Post Exhibition Outcomes - Planning Proposal, Draft Site-Specific Development Control Plan and Draft Planning Agreement for 142-154 Macquarie Street, Parramatta

REFERENCE RZ/15/2014 - D07114171

REPORT OF Project Officer, Land Use Planning

LANDOWNER Landmark East Pty Ltd

APPLICANT Dyldam

Development applications considered by sydney central city planning panel Nil

PURPOSE:

To report to Council the outcome of the public exhibition of the site-specific Planning Proposal, and the re-exhibition of the revised draft Development Control Plan and revised draft Planning Agreement, for land at 142-154 Macquarie Street, Parramatta, and request that Council finalise the:

· Planning Proposal;

· Site-specific Development Control Plan; and

· Planning Agreement.

RECOMMENDATION

(a) That Council notes the submissions received as summarised at Attachment 2, during the public exhibition of the Planning Proposal, and the re-exhibition of the revised draft site-specific Development Control Plan and revised draft Planning Agreement for the site at 142-154 Macquarie Street, Parramatta.

(b) That Council endorse the Planning Proposal provided at Attachment 3, which seeks to increase the floor-space ratio control from 4:1 to 7:1 for land at 142-154 Macquarie Street, Parramatta, subject to the following amendments:

· The application of maximum car parking rates as informed by the CBD Strategic Transport Study;

· The height of buildings control being amended to reflect Council’s resolution on the overshadowing study completed for the Parramatta CBD Planning Proposal of 11 November 2019 as shown at Figure 4 in Attachment 1, resulting in heights of part 0 metres, part 76 metres, part 84 metres, part 97 metres and part 156 metres; and

· The minimum non-residential gross floor area being specified as 21,000 square metres across the entire site.

(c) That Council forward the amended Planning Proposal to the Department of Planning, Industry and Environment for finalisation, but request that the final notification in the Government Gazette only be undertaken once Council confirms that the Planning Agreement has been signed and entered into.

(d) That Council endorse for finalisation the site-specific Development Control Plan contained at Attachment 4 for insertion in Section 4.3.3 – Parramatta City Centre of Parramatta Development Control Plan 2011.

(e) That Council enter into the Planning Agreement as exhibited and provided at Attachment 5 and that the Chief Executive Officer be authorised to sign the Planning Agreement on behalf of Council.

(f) That Council, in accordance with its statutory obligations, forward the site-specific Development Control Plan and the Planning Agreement to the Department of Planning, Industry and Environment once they come into force.

(g) That Council authorise the Chief Executive Officer to make any minor amendments and corrections of a non-policy and administrative nature that may arise during the plan finalisation process, relating to the Planning Proposal, site-specific Development Control Plan and Planning Agreement.

(h) Further, that Council note the Local Planning Panel’s advice to Council provided at Attachment 1 is consistent with Council Officer’s recommendations in this report.

PLANNING PROPOSAL TIMELINE

SITE DESCRIPTION

1. The subject site is located at 142-154 Macquarie Street, Parramatta. It comprises a large single allotment of 12,499 square metres. The site occupies almost 80 percent of the street block bounded by Macquarie Street, Harris Street, George Street and Argus Lane.

2. The site is currently vacant and was formerly occupied by the Cumberland Newspaper Group. An aerial photo of the site is provided at Figure 1.

Figure 1 – The subject site outlined in yellow

PLANNING PROPOSAL SUMMARY

Table 1 – Summary of proposed controls

	Existing Parramatta LEP 2011	Parramatta CBD Planning Proposal	Subject Planning Proposal
Site Area	12,499m²
Land Use Zoning	B4 Mixed Use	B4 Mixed Use	B4 Mixed Use
Height of Buildings	54m	Part 0m, part 76m, part 84m, part 97m and part 156m	Part 0m, part 76m, part 84m, part 97m and part 156m ¹
Floor-space ratio	4:1	7:1 (8.4:1 following design excellence and high performance bonuses ³)	7:1 (8:1 following design excellence bonus)
Parking	In accordance with Clause 7.3	Strategic Transport Study rates	Strategic Transport Study rates ¹
Site-specific clauses	-	Minimum 1:1 commercial	Minimum 21,000m² non-residential (equivalent to 1.47:1) ¹
Number of dwellings ²	580 dwellings	1,080 dwellings	960 dwellings

¹ Following incorporation of the amendments recommended in this report

² The number of dwellings has been estimated based on the maximum achievable residential gross- floor area (including bonuses) divided by an average apartment size of 85m²

³ At the time of assessment, the 0.5:1 high performing buildings bonus applied to only sites with a mapped FSR of 10:1. Thus, the bonus was not incorporated in this Planning Proposal.

BACKGROUND

3. The exhibited Planning Proposal (refer to Attachment 3) seeks to amend the Parramatta LEP 2011 by:

· Increasing the maximum floor space ratio control from 4:1 to 7:1;

· Increasing the maximum building height control from 54 metres to 157 metres; and

· Inserting a site-specific clause which mandates a minimum of 21 percent of total non-residential floor space.

4. These changes are being sought to facilitate the construction of a mixed-use development comprising of three towers of 60, 35 and 25 storeys respectively. At the applicant’s request, a Design Excellence Competition was held for this site and the winning design subsequently informed the draft site-specific Development Control (DCP) for this site when it was exhibited. A master plan diagram for the site, as extracted from the site-specific DCP, is provided at Figure 2 below.

Figure 2: Master plan for the subject site

5. The Planning Proposal and draft site-specific DCP are also accompanied with a draft Planning Agreement which has been negotiated in accordance with Council’s resolution of 29 April 2019 and provides for a monetary contribution, the provision of public open space and land dedication required for Parramatta Light Rail.

PUBLIC EXHIBITION

6. As summarised in Figure 3 below, this report seeks to respond to two different exhibition periods. The Planning Proposal was publicly exhibited from 27 July 2016 to 26 August 2016, while the site-specific DCP and Planning Agreement were re-exhibited from 15 May 2019 to 12 June 2019.

Figure 3: Summary of exhibitions associated with the Planning Proposal, DCP and Planning Agreement on the subject site.

7. A total of 19 submissions were received in response to the public exhibition of the Planning Proposal and DCP in 2016 and four submissions were received during the re-exhibition of the site-specific DCP and Planning Agreement in 2019. A summary of all the submissions received and Council Officer’s responses are provided at Attachment 2.

8. Common key issues have arisen during the exhibition period and are summarised and addressed in Table 2 below.

Table 2: Summary and Council Officer response to key issues raised during public exhibition

Issue	Response
Solar access: the proposed buildings will overshadow neighbouring buildings, schools, parks and public spaces.	The subject Planning Proposal is consistent with the Parramatta CBD Planning Proposal. Cumulative overshadowing impacts have been considered as part of the Parramatta CBD Planning Proposal and the level of overshadowing impacts of the proposed controls have been deemed acceptable and have been endorsed by Council.
Scale: the size and bulk of the proposal is excessive and out of character.	The proposal aligns with the objectives of the Parramatta CBD Planning Proposal which aligns with NSW Government, the Greater Sydney Commission and Council’s vision for Parramatta as Sydney’s Central City.
Traffic: the proposed development will generate a considerable traffic increase.	Reduced car parking rates, as informed by the Parramatta Strategic Transport Study, have been endorsed by Council and State Transport agencies have supported their inclusion in this Planning Proposal. It is recommended that the Planning Proposal be amended to include reduced car parking rates to mitigate traffic impacts.
Noise: construction and planned licensed premises (per reference design) will generate excessive noise for nearby residents.	Noise impacts during construction or from any proposed use on the site are matters for consideration at the Development Application stage.

POST EXHIBITION AMENDMENTS TO THE PLANNING PROPOSAL

9. The following amendments to the Planning Proposal, as shown in Table 3 below, are being recommended to address the concerns raised during public exhibition and/or to align with the revised Parramatta CBD Planning Proposal as endorsed by Council on 25 November 2019.

Table 3: Post-exhibition amendments to the Planning Proposal

Amendment	Reason
i. Apply maximum car parking rates in accordance with CBD Strategic Transport Study.	To ensure consistency with the car parking rates adopted for the Parramatta CBD Planning Proposal, and to address the submissions raised by Transport for NSW and Roads and Maritime Services.
ii. Amend the height of buildings control to part 0 metres, part 76 metres, part 84 metres, part 97 metres and part 156 metres	To ensure consistency with Council’s resolution on the overshadowing study completed for the Parramatta CBD Planning Proposal endorsed by Council on 25 November 2019.
iii. Specify that the total non-residential floor space to be provided on the site is 21,000 square metres.	To ensure equitable provision of non-residential floor space on the site.

10. The amendments specified above are justified in paragraphs 38 to 40 in Attachment 1. These amendments either result in a lesser environmental impact than the previously exhibited Planning Proposal or make a technical amendment which does not change the intent of the Planning Proposal. As a result of this, a re-exhibition of the Planning Proposal is not warranted and Council Officers are satisfied that the Planning Proposal can proceed and be finalised.

SUMMARY OF THE DRAFT DEVELOPMENT CONTROL PLAN

11. The draft site-specific Development Control Plan has been informed by the winning design competition scheme, with an extract of the master plan provided at Figure 2. The DCP provides detailed design principles on:

· Building form and setbacks;

· Public domain and pedestrian mobility;

· Access, parking and servicing;

· Sustainability, microclimate and water;

· Flood risk management; and

· History and culture.

12. In order to accommodate the land reservation required by Parramatta Light Rail, the draft DCP for the site has been amended so that the two southern towers have ‘shifted north’ from Macquarie Street. Due to the minor changes to built form, Council’s City Architect would not require a new Design Competition for the site as the scheme still exhibits Design Excellence.

13. The amendments to the draft DCP have been exhibited in accordance with Council’s policy and all matters raised during public exhibition have been addressed in this report. Council Officers are satisfied that the DCP can come in to force when the controls in the Local Environmental Plan are formally amended.

SUMMARY OF THE DRAFT PLANNING AGREEMENT

14. The draft Planning Agreement seeks to:

· Grant rights of public access to areas within the plaza and to through-site links, which will remain in ownership of the developer and will not be transferred to Council;

· Embellish new public open space, public squares and shared lanes in accordance with the winning Design Competition scheme, Council’s Public Domain Guideline and other relevant policies;

· Provide a monetary contribution of $4,743,370.50 to Council (refer to Table 4 below), to be applied towards Parramatta City River Strategy and towards improvements to Argus Lane and James Ruse Reserve and other infrastructure as determined by Council;

· Dedicate approximately 524 square metres of land for the purpose of widening Macquarie Street; and

· Grant a licence to Parramatta Light Rail to carry out road or light rail works and use of the land for these purposes until the land is dedicated.

15. The monetary contribution amount is consistent with Council’s Planning Agreements Policy which references the Parramatta CBD Planning Proposal which contains provisions regarding community infrastructure needs. The Parramatta CBD Planning framework includes a resolution of Council dated 10 April 2017 which applies a ‘Phase 1’ value sharing amount of $150 per square metre.

Table 4: Calculation of the monetary contribution amount

Development parameters
Site Area	12,499 m²
Base FSR	4:1
Base Gross Floor Area	(4 x 12,499 m²) = 49,996
Incentive FSR (Phase 1)	7:1
Incentive Gross Floor Area	(7 x 12,499 m²) = 87,493
Additional non-residential floor space (21% of gross floor area) required above 1:1 requirement required on other sites in CBD	(12,449 m² x 1.21) – (12,449 m² x 1) = 5,874.5 m²
Phase 1 calculation
Uplift in gross floor area	(87,493 m² – 49,996 m²) = 37,497 m²
Floor space uplift minus additional non-residential floor space	(37,497 m² – 5,874.5 m²) = 31,622.5 m²
Increase in residential floor area multiplied by $150	(31,622.5 m² x $150) = $4,743,370.50

16. The draft Planning Agreement has been amended to address the requirements of Transport for NSW (for Parramatta Light Rail) and has been exhibited in accordance with Council policy. No further issues on the Planning Agreement have been raised during the re-exhibition of the draft Planning Agreement and the monetary contribution to be provided under the Planning Agreement is consistent with Council’s adopted value-sharing rate.

17. Council Officers are satisfied that the Planning Agreement provides for appropriate community benefits and pending a final legal review, should be executed by the Chief Executive Officer following Council’s endorsement.

FINANCIAL IMPLICATION FOR COUNCIL

18. The Planning Agreement requires a monetary contribution for the amount of $4,743,370.50 be applied towards the implementation of the Parramatta City River Strategy and towards improvements to Argus Lane and James Ruse Reserve and other local infrastructure as determined by Council.

CONCLUSION

19. Following the amendments specified above, the Planning Proposal will be consistent with the objectives of the Parramatta CBD Planning Proposal. The Planning Proposal has undergone the required public consultation as conditioned in the Gateway Determination. All submissions raised during the public exhibition have been considered and addressed. It is recommended the Planning Proposal be forwarded to the Department of Planning, Industry and Environment for finalisation.

20. It is also recommended that Council adopt the associated site-specific Development Control Plan and Planning Agreement and advise the Department of Planning Industry and Environment that the final notification in the Government Gazette only be undertaken once Council confirms that the Planning Agreement has been executed. Council’s decision on the site-specific Development Control Plan will be notified in a local newspaper and will come into effect when the Local Environmental Plan amendment comes into effect.

Marko Rubcic

Land Use Project Officer

Robert Cologna

Team Leader Land Use Planning

Jonathon Carle

Land Use Planning Manager

Jennifer Concato

Executive Director City Strategy and Development

Attachments:

1 ⇩	Local Planning Panel Report and Minute	21 Pages
2 ⇩	Submissions Table	22 Pages
3 ⇩	Planning Proposal	36 Pages
4 ⇩	Draft site-specific Development Control Plan	15 Pages
5 ⇩	Draft Planning Agreement	56 Pages

REFERENCE MATERIAL

Council 10 February 2020 Item 18.7

INNOVATIVE

ITEM NUMBER 18.7

SUBJECT FOR APPROVAL: Post Exhibition Outcomes - Planning Proposal and Draft Planning Agreement - 189 Macquarie Street, Parramatta

REFERENCE RZ/22/2015 - D07162721

REPORT OF Team Leader Land Use Planning

Landowner Toplace Pty Ltd

Applicant Toplace Pty Ltd

DEVELOPMENT APPLICATIONS CONSIDERED BY SYDNEY CENTRAL CITY PLANNING PANEL

a) DA/852/2013 – Development application proposing construction of a 30-storey mixed-use development containing 425 apartments, 317 square metres of retail floor space, 715 public car parking spaces over one (1) level of basement and six (6) levels of podium and three (3) levels of basement car parking containing 389 spaces for residential use approved on 15 April 2015 by the former Joint Regional Planning Panel (Sydney West), which was replaced by Sydney Central City Planning Panel.

b) DA/852/2013A – Modification application to include two additional basement levels, increasing the number of car parking spaces and reconfiguration of retail spaces to accommodate the substation at street level refused on 25 February 2016 by the former Joint Regional Planning Panel (Sydney West), which was replaced by Sydney Central City Planning Panel.

PURPOSE:

The purpose of this report is for Council to consider the progression of a Planning Proposal and draft Planning Agreement relating to land at 189 Macquarie Street, Parramatta, following public exhibition of these documents.

RECOMMENDATION

(a) That Council notes the independent planning assessment report on the submissions received in response to the public exhibition of the Planning Proposal and draft Planning Agreement and the report’s recommendations contained at Attachment 2.

(b) That subject to the clarification outlined in paragraph 27 of this report, Council endorses the Planning Proposal at Attachment 3 noting that the Planning Proposal includes all the changes recommended by the independent reviewer except the inclusion of a satisfactory arrangements clause requiring a contribution to State infrastructure.

(c) That subject to the clarification outlined in paragraph 27 of this report, Council forwards the Planning Proposal at Attachment 3 to the Department of Planning, Industry and Environment (DPIE) for finalisation, but request that the DPIE not finalise the Planning Proposal until the Planning Agreement referred to in (d) below is executed by Council and the landowner.

(d) That Council enters into the Planning Agreement at Attachment 4 subject to it being amended to add a standard review clause that allows a review if Council seeks to increase Section 7.11 and 7.12 contributions and decreases the community infrastructure contribution payable under Council’s Parramatta CBD Community Infrastructure policy framework.

(e) That upon signing of the Planning Agreement, the agreement be forwarded to the DPIE in accordance with Section 25G of the Environmental Planning and Assessment Regulation 2000.

(f) That Council authorises the CEO to correct any minor policy inconsistencies or any anomalies of an administrative nature relating to the Planning Proposal and draft Planning Agreement that may arise during the plan amendment process.

(g) Further, that Council note the advice of the Local Planning Panel of 3 December 2019 is consistent with the Council Officer’s recommendation in this report.

PLANNING PROPOSAL TIMELINE

BACKGROUND

1. The site (illustrated in Figure 1 below) consists of one allotment (Lot 1 DP1214839) of 5,214 square metres with frontages to Macquarie and Hassall Streets. A redevelopment of the site is currently underway, and the table in Attachment 5 contains details of the development approved for the site.

Figure 1 – The subject site (highlighted in yellow)

2. Under Parramatta Local Environmental Plan 2011, the sited is zoned B4 Mixed Use and has a mapped FSR of 6:1 and a maximum permitted height of 54 metres. There is also a site-specific clause (Clause 7.9), that supersedes the mapped controls, and allows a total gross floor space of 38,750 square metres (approximately 7.4:1 FSR) comprising 36,000 square metres for residential uses and 2,750 square metres for communal open space and private balconies, and a maximum height of 91.3 metres. The developer must satisfy specific conditions in order to achieve the FSR and height specified in Clause 7.9. Attachment 2 (Page 13) contains a copy of the existing clause 7.9.

3. The site has planning and development history prior to the current Planning Proposal (refer to Attachment 5). The key events are summarised as follows:

a) Council previously owned the entire site and entered into an agreement that allowed the applicant to develop the site subject to delivery of a public carpark on the site and transferring it to Council’s ownership. This arrangement was secured via a Property Development Agreement (PDA) and a Voluntary Planning Agreement (referred to as “VPA 2013” in this report) executed by Council and the applicant;

b) The site has previously been subject to a Planning Proposal which resulted in the insertion of Clause 7.9 into Parramatta LEP 2011 in 2014;

c) A development application, following a successful design competition, proposing a mixed-use building with 425 apartments, three levels of residential basement car parking and seven levels of public car parking, was approved on 15 April 2015 by the Joint Regional Planning Panel (Sydney West);

d) A modification application seeking two additional basement levels was refused by the Joint Regional Planning Panel (Sydney West) on 25 February 2016;

e) During the redevelopment of the site, Council discovered a number of non-compliance construction issues. Additional levels of basement parking not included in the approval were constructed and the construction of the additional parking levels did not adequately address groundwater management. These issues are now being addressed by the applicant via new development applications which are currently being assessed by Council; and

f) Council sold its interest in the site (i.e. primarily the ownership of the car park) to the applicant/developer on 24 May 2019.

PLANNING PROPOSAL AND CONSISTENCY WITH PARRAMTTA CBD PLANNING PROPOSAL

4. Council resolved on 8 August 2019 to support a Planning Proposal to seek to increase the maximum floor space from 36,000 square metres up to 60,000 square metres and building height from 91.3 metres (30 storeys) up to 167 metres (54 storeys) including design excellence bonus required under Clause 7.9. Amendments to Clause 7.9 are proposed, instead of the FSR and height maps being changed, because the clause has other requirements that relate to the provision of a public car park which need to be retained.

5. This Planning Proposal does not make changes to the zoning, FSR or height of building maps in the Parramatta LEP 2011. If Council endorses the amendments to Clause 7.9, they will supersede the mapped FSR and maximum height controls in the same way the controls currently contained in Clause 7.9 supersede the current mapped controls.

6. The FSR and height proposed in the amendment to Clause 7.9 are consistent with what is proposed under the Parramatta CBD Planning Proposal. Table 2 below and Table 2 and Figure 2 in Attachment 1 provide further detail and a plan that show the height and FSR controls proposed for this site in the Parramatta CBD Planning Proposal.

7. The car parking rates endorsed by Council as part of the Parramatta CBD Planning Proposal have been included in this Planning Proposal.

8. Given that development on this site has the potential to overshadow Experiment Farm and the heritage conservation areas located south of the Parramatta CBD this Planning Proposal was held in abeyance pending a cumulative shadow analysis which was required as part of the Parramatta CBD Planning Proposal process. The Parramatta CBD Planning Proposal including the overshadowing analysis was endorsed by Council on 25 November 2011. The controls sought in this Planning Proposal are consistent with the recommendations of the cumulative shadow analysis and therefore solar impact is no longer an issue for this application and Council can proceed with this Planning Proposal.

Table 2: Summary of existing and proposed controls

	Existing Parramatta LEP 2011	Parramatta CBD Planning Proposal - endorsed by Council on 25 November 2019	Subject Planning Proposal -recommended by Council officers
Site Area – 5,214m²
Land Use Zoning	B4 Mixed-Use	B4 Mixed-Use	B4 Mixed-Use
Height	91.3m (approx. 30 storeys) (This control is located in site-specific Clause 7.9.)	Maximum height of building for most of the site of 145 metres (approx. 47 storeys) or 167 metres (approx. 54 storeys) including design excellence bonus. A small portion of the site will have the maximum height determined by a clause that will protect Experiment Farm from overshadowing. (These controls are mapped.)	167m (approx. 54-storeys) including design excellence bonus (This control is located in site-specific Clause 7.9.)
Clause 7.9 site-specific provisions	Floor space – maximum gross floor area of 36,000 m² plus 2,750 m² for enclosed balconies and communal spaces. These are subject to certain conditions being met including provision of a public car park.	Site specific Clause 7.9 is likely to be reviewed at the time the Parramatta CBD Planning Proposal is being finalised to determine whether it should be retained.	Floor space – maximum gross floor area of 60,000 m² plus 2,750 m² for enclosed balconies and communal spaces. These are subject to certain conditions being met including provision of public car park.
FSR (or equivalent under site-specific clause)	36,000 m² gross floor area is equivalent to an FSR of 6.9:1. 36,000 m² plus 2,750 m² for enclosed balconies and communal spaces is equivalent to an FSR of 7.4:1.	10:1 (1.5:1 bonus for Design Excellence = 11.5:1) (0.5:1 bonus for High Performing Buildings = 12:1)	60,000 m² gross floor area is equivalent to an FSR of 11.5:1 60,000 m² plus 2,750 m² for enclosed balconies and communal spaces is equivalent to an FSR of 12:1.
Number of dwellings	425 apartments*	705 apartments^**	705 apartments^**

*No of apartments approved in DA 852/2013.

**The number of dwellings has been estimated based on the maximum achievable gross floor area (excluding bonuses) divided by an average apartment size of 85m².

PLANNING AGREEMENT

9. Council endorsed the exhibition of a draft Planning Agreement on 12 July 2018, which requires a monetary $2,424,603 contribution to be made by the applicant for local infrastructure in the Parramatta CBD. Table 1 shows that this is consistent the Parramatta CBD Planning Proposal Community Infrastructure Framework. The draft Planning Agreement was exhibited concurrently with the Planning Proposal.

Table 1: Planning Agreement Contributions Calculations

Development parameters
Site Area	5,214.2 m²
Gross Floor Area currently permitted by clause	5214.2 x 6.9:1 = 35,977.98 m²
Gross Floor Area Proposed (excluding Design Excellence Bonus)	5,214.2 m² x 10:1 = 52,142 m²
Phase 1 calculation
Uplift in gross floor area	52,142 m² – 35,977.98 m² = 16,164.02 m²
Increase in residential floor area multiplied by $150	16,164.02m² x $150/m²= $2,424,603

10. Since the exhibition of the draft Planning Agreement, an issue has arisen in the way Council structures Planning Agreements within the CBD. The Gateway determination received from the DPIE for the Parramatta CBD Planning Proposal includes a condition that Council revisit the approach to infrastructure funding. While Council is seeking to pursue a community infrastructure clause in the Parramatta CBD Planning Proposal there is some uncertainty as to whether this will be supported by the DPIE. If it is not supported, Council may need to seek to amend its relevant development contribution plans to secure the funding needed for future infrastructure.

11. Any future increase in the development contributions levy would reduce the reliance on Planning Agreement contributions to fund community infrastructure. The way Council has structured Planning Agreements to date is that future development contributions are still payable to Council. If in the future, the value sharing contribution required by the policy decreases and the development Section 7.11/7.12 development contribution increases, applicants that have already entered into a Planning Agreement would be potentially obliged to pay more than Council’s policy suggests they should pay.

12. This issue was considered by Council at its meeting of 11 June 2019 resulting in Council resolving that existing and future Planning Agreements for sites in the CBD include a clause that addresses this issue. Council’s solicitor has drafted a clause to be included in Planning Agreements to the effect that any increase in development contributions in the Parramatta CBD Development Contributions Plan triggers a review process that may see the amount of the contribution in a Planning Agreement reduced to take into account any increase in the Parramatta CBD Development Contributions Plan. It is recommended this clause be included in the Planning Agreement before it is executed.

PUBLIC EXHIBITION

13. The Planning Proposal and draft Planning Agreement were placed on public exhibition from 8 May to 7 June 2019. The exhibition comprised an advertisement in the local newspaper, relevant material on Council’s website and a hard copy at Council’s Administration Building and Parramatta Central Library. Letters were also sent to nearby land owners.

14. Council consulted with relevant Government authorities in accordance with the Gateway determination and wrote to adjoining landowners.

15. Council received seventeen (17) submissions during the exhibition period including nine (9) community submissions and eight (8) submissions from Government authorities.

16. The key issues raised in the public submissions mainly relate to:

a) Overshadowing issues related to impacts on Experiment Farm and Robin Thomas Reserve;

b) Loss of natural light and visual privacy to surrounding apartments;

c) Potential view loss and its effect on property value of surrounding development;

d) Traffic congestion and noise issues;

e) Safety and security in the area; and

f) Potential visual impact of the proposed building

17. The majority of the Government authorities raised no objections and generally support the Planning Proposal.

18. Council received inconsistent submissions from:

a) Transport for NSW who raised no objection to the proposal proceeding subject to the certain issues being addressed; and

b) Great River City Light Rail, who are the partner who will operate the light rail services who raised concerns about the proposed density.

19. Council officers consulted further with Transport for NSW who advised that they were the statutory authority responsible for responding to Planning Proposals and that they had no objections to the proposed planning control amendments.

20. During the exhibition, advice was received from Council’s Development Assessment Team raising concern that Clause 7.9 (which currently applies to this site and which is being amended by this Planning Proposal) could be interpreted in different ways and result in uncertainty about:

a) how the design excellence process applies to this site, and

b) the provision of balconies and open space on the site.

As discussed in the next section of this report, the independent assessor recommended amendments to Clause 7.9 to clarify these interpretation issues.

INDEPENDENT REVIEW OF SUBMISSIONS

21. Council owned the subject site up until May 2019. Given Council’s previous ownership of the site, an external consultant was engaged to conduct a post-exhibition assessment of the submissions received for the subject Planning Proposal and draft Planning Agreement to ensure an independent assessment and avoid any perceived conflict of interest in the assessment process. A full copy of the independent assessment report is provided at Attachment 2. It includes a summary and assessment of all issues raised in all submissions.

22. The key recommendations of the independent assessor are:

a. amendments to Clause 7.9 to clarify the interpretation issues raised by Council’s Development Assessment Team;

b. inclusion of a clause in the Planning Proposal that requires the applicant to make satisfactory arrangements with relevant NSW transport agencies regarding potential contributions to state transport infrastructure; and

c. an additional clause be included in the Planning Agreement to the effect that any increase in the Parramatta CBD Contributions Plan triggers a review process that may see the amount of the contribution in the Planning Agreement reduced consistent with Council’s resolution of 11 June 2019.

23. The independent assessment report also suggests that many of the issues identified in the submissions could be managed as part of the detailed design stage and development application process for the site and that re-exhibition of the Planning Proposal is not necessary.

24. Council officers note that accepting the independent planner’s recommendation for the inclusion of a satisfactory arrangements clause requiring the applicant to potentially provide a contribution to state transport infrastructure would be inconsistent with Council’s recent approach on this issue when it has been raised during public exhibition of other Parramatta CBD site-specific Planning Proposals.

25. There are a number of Planning Proposals that have been exhibited by Council for sites in the CBD since the Parramatta CBD Planning Proposal was first endorsed by Council in April 2016. This Planning Proposal is supported by a Draft Planning Agreement, discussed in more detail earlier in the report, which is seeking a contribution towards infrastructure, but more broadly this is a matter that should be resolved as part of the Parramatta CBD Planning Proposal not a site-specific Planning Proposal. A similar request has been made on some recent site-specific Planning Proposals exhibited but not all of them. Where it has been requested on other site-specific Planning Proposals, Council has not supported any change to those Planning Proposals on the basis that:

a. the RMS request has not been applied consistently; and

b. a clearer framework and justification is needed from Government authorities before any change should be made to site-specific Planning Proposals requiring a contribution to state infrastructure.

26. For this reason Council Officers recommend that the satisfactory arrangements clause not be included in this site-specific Planning Proposal.

27. Note: Following the Local Planning Panel’s meeting, Council Officers’ review of the independent consultant’s report and Planning Proposal identified that an amendment recommended by the independent consultant to Clause 7.9 (i.e. changing “communal open space” to “enclosed communal areas”) was applied to parts 7.9.2(e) and 7.9.3 of the proposed site-specific clause, but not to part 7.9.2(f). This is an oversight and it is recommended that this is clarified in the documentation sent to DPIE for finalisation, to ensure the proposed amendment is applied to all relevant parts of the clause and is consistent with the content of the independent consultant’s recommendation.

LOCAL PLANNING PANEL

28. At its meeting on 12 December 2019, the Local Planning Panel considered the assessment report on this matter (Attachment 1) and its advice is to support the Council Officer recommendation on this matter. An extract of the Panel meeting minutes is also included at Attachment 1.

CONSULTATION & TIMING

29. The Planning Proposal and draft Planning Agreement were placed on public exhibition from 8 May to 7 June 2019. No further consultation is proposed or recommended.

30. Should Council endorse the Planning Proposal and amended draft Planning Agreement, Council officers will forward the Planning Proposal to the DPIE for finalisation. The Planning Proposal should only come into effect once the Planning Agreement has been executed.

FINANCIAL IMPLICATION FOR COUNCIL

31. It is recommended that Council endorse the execution of the draft Planning Agreement which requires a $2,424,603 monetary contribution to be made by the applicant to Council for local infrastructure in the Parramatta CBD.

CONCLUSION

32. The Planning Proposal for land at 189 Macquarie Street, Parramatta, has been exhibited in accordance with the relevant statutory provisions and the Gateway determination.

33. An independent review of the submissions has been undertaken after the exhibition period and an assessment report has been prepared which recommends the following:

a) To support the Planning Proposal subject to certain amendments given there is enough strategic merit and its consistency with the objectives of State and local strategic planning frameworks;

b) The issues identified during assessment can be managed during the detailed design and development application phases of the process, and

c) The draft Planning Agreement be amended in accordance with Council’s latest policy position prior to its execution to include provisions that allow for amended contributions on the site.

34. It is recommended that, subject to the clarification outlined in paragraph 27 of this report, the Planning Proposal be endorsed and forwarded to the DPIE for finalisation. The Planning Proposal at Attachment 3 has been amended to reflect recommendations of the consultant’s independent review except the consultant’s recommendation to include site-specific ‘satisfactory arrangements’ provisions relating to potential contributions to state transport infrastructure.

Robert Cologna

Team Leader - Land Use Planning

Jonathon Carle

Service Manager - Land Use Planning

Jennifer Concato

Executive Director – City Strategy and Development

Attachments:

1 ⇩	Local Planning Panel Minutes and Report	16 Pages
2 ⇩	Independent Assessment Report	36 Pages
3 ⇩	Post exhibition version Planning Proposal	28 Pages
4 ⇩	Exhibited Draft Planning Agreement	27 Pages
5 ⇩	Application History - 189 Macquarie Street	3 Pages

REFERENCE MATERIAL

1 ⇩	ARIC Annual Report 2019	5 Pages
2 ⇩	Audit Risk and Improvement Charter (Version 11)	10 Pages