Agenda of Council - 14 April 2020

MINUTES OF THE Meeting of City of Parramatta Council HELD IN THE CLOISTER FUNCTION ROOMS, ST PATRICK’S CATHEDRAL 1 MARIST PLACE, PARRAMATTA ON Monday, 23 March 2020 AT 6.30pm

These are draft minutes and are subject to confirmation by Council at its next meeting. The confirmed minutes will replace this draft version on the website once confirmed.

PRESENT

The Lord Mayor, Councillor Bob Dwyer and Councillors Benjamin Barrak (6.31pm), Phil Bradley, Donna Davis, Pierre Esber, Michelle Garrard (Deputy Lord Mayor), Steven Issa, Andrew Jefferies, Sameer Pandey, Dr Patricia Prociv, Bill Tyrrell, Andrew Wilson and Martin Zaiter.

1. OPENING MEETING

The Lord Mayor, Councillor Bob Dwyer, opened the meeting at 6.30pm.

2. ACKNOWLEDGEMENT OF THE TRADITIONAL LAND OWNERS

The Lord Mayor, Councillor Dwyer, acknowledged the Burramattagal people of The Darug Nation as the traditional custodians of this land, and paid respect to their ancient culture and their elders past and present.

3. WEBCASTING ANNOUNCEMENT

The Lord Mayor, Councillor Dwyer, advised that this public meeting is being recorded and streamed live on the internet. The recording will also be archived and made available on Council’s website.

The Lord Mayor further advised that all care will be taken to maintain privacy, however as a visitor in the public gallery, the public should be aware that their presence may be recorded.

4. OTHER RECORDING OF MEETING ANOUNCEMENT

As per Council’s Code of Meeting Practice, the recording of the Council Meeting by the public using any device, audio or video, is only permitted with Council permission. Recording a Council Meeting without permission may result in the individual being expelled from the Meeting.

The Lord Mayor, Councillor Dwyer advised that in response to COVID-19, additional measures had been taken to ensure the public safety of the Councillors, staff and members of the public for this meeting, and encouraged the public to view the Council Meeting via live stream.

5. CONFIRMATION OF MINUTES

SUBJECT: Minutes of the Council Meeting held on 9 March 2020

2670

RESOLVED (Esber/Wilson)

That the minutes be taken as read and be accepted as a true record of the Meeting.

6. APOLOGIES/REQUESTS FOR LEAVE OF ABSENCE

SUBJECT: Apologies/ Requests for Leave of Absence

2671

RESOLVED (Tyrrell/Wilson)

That the apologies received from Councillor Paul Han and Councillor Lorraine Wearne be accepted and leave of absence granted.

7. DECLARATIONS OF INTEREST

Councillor Barrak declared a significant non-pecuniary interest in the Matter of Urgency: Reimbursement of Councillor Legal Expenses considered in Closed Session, and left the Chamber during consideration of that matter and did not take part in the vote therein.

Councillor Wilson declared a significant non-pecuniary interest the Matter of Urgency: Reimbursement of Councillor Legal Expenses considered in Closed Session, and left the Chamber during consideration of that matter and did not take part in the vote therein.

8. MATTERS OF URGENCY (if any)

A matter of urgency was considered in Closed Session.

9. Minutes of the Lord Mayor

9.1

SUBJECT Council's response to COVID-19

REFERENCE F2019/03630 - D07337265

REPORT OF Lord Mayor, Councillor Bob Dwyer

2672

RESOLVED (Dwyer/Issa)

That Council note the measures being implemented by the City of Parramatta Council in response to COVID-19 as detailed in the Lord Mayor Minute.

9.2

SUBJECT Council Meeting Schedule

REFERENCE F2019/03630 - D07334461

REPORT OF Lord Mayor, Councillor Bob Dwyer

2673

RESOLVED (Dwyer/Tyrrell)

(a) That Council note the reduction of Council Meetings from fortnightly to monthly from April 2020 to August 2020 inclusive, in light of the rapidly changing situation around COVID-19.

(b) That Council note that while Council’s Code of Meeting Practice sets out two meetings per month, these schedule changes are being implemented under s5.14 of the Code of Meeting Practice, whereby the Lord Mayor may, in consultation with the Chief Executive Officer (CEO), cancel a meeting to ensure the safety and welfare of Councillors, staff and members of the public.

(d) That the venue for all meetings during this period be Cloisters Function Room, St Patrick’s Cathedral, noting the social distancing measures and venue requirements prescribed by the Federal and State Governments.

(e) That Council comply with any direction from the NSW Government and note further advice and direction is expected from the Office of Local Government in response to COVID-19 and this may include directions in relation to the conduct of Council meetings.

(f) That Council communicate these changes to Councillors, staff and the public, and provide information to the public on how to livestream Council meetings and ongoing updates if remote meetings are introduced.

(g) That a briefing note on the financial implications of the revised Council Meeting schedule, and associated costs for remote meetings if introduced, be circulated to Councillors when budget implications are known.

(h) Further, that a report come back to Council no later than August to confirm the arrangements for Council Meetings from September 2020 onwards, should there be a requirement to extend this practice in light of COVID-19.

10. Public Forum

There were no Public Forums.

11. Petitions

11.1

SUBJECT Petition to Preserve Cowells Lane Reserve as an “Off Leash” Dog Park

REFERENCE F2020/00930

FROM Deputy Lord Mayor, Councillor Michelle Garrard

A petition signed by the public was tabled at the Council Meeting and reads:

“Public Petition – Preserve Cowells Lane Reserve as an off leash dog park. Sydney’s only unrestricted leash free park is under threat from Parramatta Council.”

2674

RESOLVED (Garrard/Issa)

That the petition be received and a copy of the petition be circulated to all Councillors.

12. Rescission Motions

Nil

13. Fair

13.1

SUBJECT FOR NOTATION: Minutes of the Aboriginal and Torres Strait Islander Advisory Committee Meeting held on 26 November 2019

REFERENCE F2017/00358 - D07243827

REPORT OF Community Capacity Building Officer

2675

RESOLVED (Esber/Tyrrell)

That Council note the minutes of the Aboriginal and Torres Strait Islander Advisory Committee Meeting held on 26 November 2019.

13.2

SUBJECT FOR APPROVAL: Delivery Program and Operational Plan 2018-2021 - Quarter Two Progress Report 2019/2020

REFERENCE F2019/04404 - D07247761

REPORT OF Corporate Planner

2676

RESOLVED (Esber/Davis)

(a) That Council note the December 2019 Quarterly Progress Report of the Delivery Program 2018-2021, inclusive of the Operational Plan for 2019/20.

(b) Further, that Council approve the minor amendments to the Delivery Program 2018-21 and Operational Plan 2019/20 detailed in paragraph 6 of this report, effective for Quarter 3 2019/20.

14. Accessible

Nil

15. Green

Nil

16. Welcoming

Nil

17. Thriving

Nil

18. Innovative

18.1

SUBJECT FOR APPROVAL: Pre-Gateway - Planning Proposal for 135 George Street and 118 Harris Street, Parramatta (Albion Hotel site)

REFERENCE RZ/3/2017 - D07307244

REPORT OF Project Officer-Land Use Planning

2677

RESOLVED (Issa/Tyrrell)

(a) That Council endorse for the purposes of requesting a Gateway determination from the Department of Planning, Industry and Environment, the Planning Proposal included at Attachment 1 and the addendum at Attachment 2 for land at 135 George Street and 118 Harris Street, Parramatta which seeks to increase the maximum height of buildings control from 54 metres to 166 metres and allow for FSR consistent with the provision of the CBD Planning Proposal by including the following provisions in the site-specific Planning Proposal:

i. Floor space ratio (FSR) – reduction in the floor space ratio from the applicant’s proposed 13.5:1 to a mapped FSR of 10:1; (noting that the Design Excellence and High Performing Buildings bonuses and the unlimited commercial floor space site specific provision allows for an FSR of 12:1 or greater subject to the proposal not exceeding 165.6 metres in height)

ii. Height of Buildings – Reduction in the Height of Buildings control from the applicant’s proposed height of approximately 166 metres to a mapped height control of 144 metres noting that this provides for a total height of 165.6 metres when applying the 15 percent Design Excellence bonus;

iii. Inclusion of a site specific clause that allows for

· Minimum Commercial Provisions – inclusion of a site-specific LEP clause in keeping with draft Clause 7.6C(4) of the Parramatta CBD Planning Proposal that requires a minimum commercial floor space area equivalent to an FSR of 1:1 and allows for any additional commercial premises floor space in excess of this to be exempt from the maximum FSR as long as this does not result in the proposal exceeding 165.6 metres in height;

· High Performing Buildings Bonus - Provision outlining an additional FSR of 0.5:1 is achievable, provided that high-performing buildings standards are met and this bonus does not result in the proposal exceeding 165.6 metres in height.

iv. Car parking – inclusion of a site-specific LEP clause that applies the maximum car parking rates previously endorsed by Council as part of the Parramatta CBD Planning Proposal; and

v. Overshadowing – inclusion of a site-specific clause that ensures that the proposed building does not cause additional overshadowing to the Experiment Farm heritage item between the hours of 10.00am and 2.00pm on 21 June consistent with the draft amendment to Clause 7.4 under the Parramatta CBD Planning Proposal.

(b) That the Planning Proposal, as amended in accordance with resolution (a) above, be forwarded to the Department requesting a Gateway determination.

(c) That a draft site-specific development control plan (DCP) be prepared and reported to Council for endorsement prior to its public exhibition.

(d) That the applicant be invited to negotiate a Planning Agreement for the subject site and that delegated authority be given to the Chief Executive Officer to negotiate a Planning Agreement with the landowner in relation to the Planning Proposal on behalf of Council. The outcome of negotiations shall be reported back to Council prior to the draft Planning Agreement being placed on public exhibition.

(e) That the Planning Proposal, draft DCP and draft Planning Agreement be exhibited concurrently.

(f) That the reference design be amended by the applicant to reflect the changes in (a) and any changes required by any Gateway Determination issued, prior to exhibition of the Planning Proposal.

(g) That Council advises the Department of Planning, Industry and Environment that the Chief Executive Officer will be seeking to exercise the plan-making delegations for this Planning Proposal.

(h) That Council grant delegated authority to the Chief Executive Officer to correct any minor anomalies to the Planning Proposal, draft DCP and draft Planning Agreement of a non-policy and administrative nature that may arise during the amendment process.

(i) That Council note the Local Planning Panel’s advice to Council is to defer the Planning Proposal subject to overshadowing analysis (refer Attachment 3), which has been conducted as part of the Parramatta CBD Planning Proposal and is addressed in this report.

(j) Further, that the Incentive Height of Buildings Map within the Parramatta CBD Planning Proposal be amended to indicate a height control of 144 metres (165.6 with design excellence) for the site noting that a portion of the site will still retain the Sun Access Protection controls under draft Clause 7.4 relating to the protection of solar access to Experiment Farm.

DIVISION A division was called, the result being:-

AYES: Councillors Dwyer, Esber, Garrard, Issa, Jefferies, Pandey, Tyrrell and Zaiter

NOES: Councillors Barrak, Bradley, Davis, Prociv and Wilson

18.2

SUBJECT FOR APPROVAL: Local Strategic Planning Statement Seeking Endorsement (Deferred Item)

REFERENCE F2018/01790 - D07317881

REPORT OF Snr Project Officer Land Use

2678

RESOLVED (Bradley/Garrard)

(a) That Council approve the final Local Strategic Planning Statement (LSPS) at Attachment 1 incorporating the amendments at Attachment 3 and Attachment 4 noting the following associated key principles:

· Focus employment growth in the Parramatta Metropolitan Centre (Parramatta CBD) and Strategic Centres of Epping and Sydney Olympic Park and Westmead Innovation Precinct.

· Housing growth is focused in identified Growth Precincts.

· Preserve and enhance the low-scale character and identity of suburban City of Parramatta suburbs outside of the GPOP area.

· Stage housing release consistent with infrastructure delivery.

· Housing diversity underpins any future changes to planning controls.

· The majority of employment lands are protected to ensure no net loss of jobs or employment land.

· Neighbourhoods, places and development are well-balanced, connected and sustainable.

(b) That Council note the community feedback and submissions received during the public exhibition of the LSPS documented in the Community Engagement Report provided at Attachment 2.

(c) Further, that Council forward the approved LSPS to the Greater Sydney Commission (GSC) to seek its support in writing for the statement in accordance with section 3.9(3A) of the Environmental Planning and Assessment Act 1979, and following receipt of this support, Council delegate authority to the CEO to finalise the LSPS (including to make any minor amendments as requested by the GSC and Council) and then publish it on the NSW planning portal.

DIVISION A division was called, the result being:-

AYES: Councillors Barrak, Bradley, Davis, Dwyer, Esber, Garrard, Issa, Jefferies, Pandey, Prociv, Tyrrell, Wilson and Zaiter

NOES: Nil

19. Questions on Notice

19.1

SUBJECT QUESTION WITH NOTICE: Federal Sports Grants

REFERENCE F2019/04433 - D07319673

FROM Councillor Esber

QUESTION:

1. Did the City of Parramatta apply for a Federal Sports Grant of $500,000 for the Parramatta Aquatic Centre that was rejected for funding?

2. Which specific aspect of the Aquatic Centre was the Council seeking funding for via this grant application?

3. Without receipt of a grant, how will this project be funded?

RESPONSE FROM DIRECTOR, PROPERTY DEVELOPMENT GROUP:

1. City of Parramatta Council initially sought a $500,000 grant from Sport Australia (federal grant) in 2018 for equipment to support the provision of water polo in the 50m pool at the new Aquatic Leisure Centre for Parramatta. At the time the application was being considered, plans for the new Aquatic Leisure Centre were put on hold and Council subsequently was unsuccessful in receiving this funding. Council received a commitment from the NSW Government in September 2019 to co-fund Parramatta’s much-needed new Aquatic Leisure Centre.

2. Council sought funding for a water polo boom for the 50m pool allowing for separation of the 50m pool and aiding its multi-functional purpose and therefore water polo and swimming activities can occur concurrently within the 50m pool.

A water polo boom is a piece of equipment that separates the 50m pool into two 25m components to allow water polo to be played in one portion and swimming / aerobic activites in the other portion.

We note the current 50m pool is 51m in length to allow for the inclusion of this water polo boom. The water polo boom can be relocated into the centre to create the above sections as an on need basis.

3. The current allowance within the aquatic scope of works has included a water polo boom. We have been able to during the value engineering prioritise a requirement for a water polo boom and reallocated the savings achieved to ensure it is installed enabling water polo to be played within the facility.

19.2

SUBJECT QUESTION WITH NOTICE: Accident at North Epping

REFERENCE F2019/04433 - D07319664

FROM Councillor Davis

QUESTION:

I’d like to express my sympathies to all who were involved and impacted by the terrible accident at North Epping on Friday, 28 February 2020. A young mother lost her life and others were injured when a car was driven into a group of people whilst attempting to park.

My understanding is that this accident occurred on a private site. I note that outdoor dining occurs in our CBD and suburbs. It is popular and well patronised.

What process does Council follow to minimise the risk to patrons at outdoor dining sites in our Local Government Area?

RESPONSE FROM EXECUTIVE DIRECTOR, CITY ASSETS AND OPERATIONS:

1. The process that Council follows before approving an Outdoor Dining (ODD) Application includes review in terms of:

· access in accordance with DDA principles;

· heritage impacts;

· traffic safety, being:

o effect on sight distance at intersections or for pedestrians,

o setback distance of outdoor dining from travel lanes,

o probability of a vehicle mounting the footpath,

o vehicle speeds;

· place making;

· streetscape enhancement through good urban design.

2. Where public domain upgrades have been undertaken specifically to support ODD, risk mitigation is a key objective of the design. There are many examples around the City of Parramatta where these designs have been implemented, and one of the most recent is at Buller Street and Albert Street (across from Doyle Ground). This is an excellent example of a public domain project to support ODD and includes specific elements to mitigate diner risk from passing traffic. The design included bollards to protect diners from road activity, sightlines maintained for traffic at the intersection of Albert and Buller Streets by setting trees back from the edge of the pavement and stipulating that shrubs do not exceed a maximum height.

19.3

SUBJECT QUESTION WITH NOTICE: Parramatta River Flood Levels

REFERENCE F2019/04433 - D07320875

FROM Councillor Pandey

QUESTION:

1. Since the most recent flood event (8-9 February 2020) have any NSW Government Departments, NSW Government agencies or consultants engaged by the NSW Government asked the City of Parramatta Council or Council Officers to provide recordings of the Parramatta River flood levels?

2. Where were the flood recordings taken, what were the readings & what type of event was this e.g. 1 in 10 year, 1 in 20 year flood?

RESPONSE FROM EXECUTIVE DIRECTOR, CITY ASSETS AND OPERATIONS:

4. There have been no requests for flood information along the Parramatta River from any NSW Government Department, NSW Government agency or consultants engaged by NSW Government, in relation to the most recent flood event on the 8 & 9 February 2020.

5. However, based on Council’s flood gauge located near Riverside Theatres, a maximum water surface level reading of RL 5.51m AHD was recorded. Based on this, the event was estimated to be a 1 in 10 year event.

20. Notices of Motion

20.1

SUBJECT NOTICE OF MOTION: Active Hoarding Policy

REFERENCE F2007/01865 - D07317892

FROM Councillor Prociv

2679

RESOLVED (Prociv/Issa)

(a) That Council advise the policies and future plans on activating construction hoardings in order to minimise the visual impact of bare walls of hoardings facing the public domain as the City undergoes accelerated development.

(b) Further, that the Policy be presented to Council by July 2020.

20.2

SUBJECT NOTICE OF MOTION: Superannuation Guarantee Contributions for Councillors and Gender Equity

REFERENCE F2019/04433 - D07319658

FROM Councillor Davis

2680

RESOLVED (Davis/Esber)

(a) That the Chief Executive Officer be requested to prepare a submission to the Ministerial discussion paper on superannuation, supporting the introduction of superannuation for all Mayors and Councillors in New South Wales, in addition to the fees currently paid to Councillors.

(b) Further, that Council Note:

(i) that women in Australia retire with half the superannuation of men, due to the following gender-based differences in Australian labour force participation:

(a) women take more time out of the workplace than men to raise a family;

(b) more women than men return to part time work to accommodate family responsibilities; and

(c) the gender pay gap equates to significant salary discrepancies and contributes to less superannuation savings for women working full time;

(ii) that the NSW Office of Local Government 'Candidate and Councillor Diversity Report 2017' noted that '91% of Councils have less than 50% female Councillors';

(iii) that women and men have an equal right to be representatives in Local Government;

(iv) that in recognition of the value of different experiences and perspectives, the City of Parramatta Council encourage and welcome the participation of women in all aspects of Local Government;

(v) that the City of Parramatta Council, as a leading city Council, is in a unique position to increase the numbers and participation of women in public life so that decision-making more clearly represents and reflects the interests and demography of our community; and

(vi) that the superannuation rate is 11.5% rate for federal Senators and Members and 12.5% for NSW Members of Parliament.

Note: A Notice of Motion of Rescission was lodged during the meeting in relation to Item 20.2.

Note: Prior to moving into Closed Session, the Lord Mayor invited members of the public gallery to make representations as to why any item had been included in Closed Session. No member of the gallery wished to make representations.

22. CLOSED SESSION

2681

RESOLVED (Esber/Tyrrell)

That members of the press and public be excluded from the meeting of the Closed Session and access to the correspondence and reports relating to the items considered during the course of the Closed Session be withheld. This action is taken in accordance with Section 10A(s) of the Local Government Act, 1993 as the items listed come within the following provisions:-

1 FOR APPROVAL: Tender 33/2019 Chisholm Centre Shops, Winston Hills – Civil and Landscape Upgrade. (D07276541) - This report is confidential in accordance with section 10A (2) (d) of the Local Government Act 1993 as the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

22.1

SUBJECT FOR APPROVAL: Tender 33/2019 Chisholm Centre Shops, Winston Hills – Civil and Landscape Upgrade

REFERENCE F2019/03990 - D07276541

REPORT OF Project Manager

2682

RESOLVED (Esber/Tyrrell)

(a) That Council approve the appointment of the preferred proponent for the Chisholm Centre Shops, Civil and Landscape Upgrade, Caroline Chisholm Drive, Winston Hills for the contract sum as outlined in paragraph 14 of the report.

(b) That all unsuccessful tenderers be advised of Council’s decision in this matter.

(c) Further, that Council delegate authority to the Chief Executive Officer to finalise and execute all necessary documents.

Procedural Motion

2683

RESOLVED (Wilson/Esber)

That a procedural motion be granted to allow consideration of a matter of urgency in relation to the reimbursement of Councillor legal expenses in accordance with the Councillor Facilities and Expenses Policy.

The Lord Mayor ruled the matter to be urgent.

SUBJECT MATTER OF URGENCY: Reimbursement of Councillor Legal Expenses

REFERENCE F2018/01312

FROM Andrew Wilson

2684

RESOLVED (Tyrrell/Jefferies)

(a) That Council resolve to reimburse Councillor Wilson’s legal costs, relating to a legal action between Councillor Wilson and Councillor Barrak, in accordance with the relevant clause in the Councillor Facilities and Expenses Policy.

(b) Further, that the CEO amend the Councillor Facilities and Expenses Policy to be consistent with NSW government guidelines that place the word “indemnify” together with the word “reimburse” in the appropriate sections:

i. subject to any requirement of public exhibition;

ii. subject to any requirement for it to return to chamber for approval; and

iii. where the policy refers to Lord Mayor or Councillor it is amended to also refer to former Lord Mayors and Councillors.

Note:

1. Councillor Barrak declared a significant non-pecuniary interest in the matter of urgency and retired from the meeting at 7:15pm during consideration of, but prior to, the vote taken thereon.

2. Councillor Wilson declared a significant non-pecuniary interest in the matter of urgency and retired from the meeting at 7:20pm during consideration of, but prior to, the vote taken thereon.

3. Councillor Davis left the Chamber at 7:53pm and returned at 7:55pm during consideration of the matter of urgency.

Note: Councillor Barrak and Wilson returned to the Chamber at 7:58pm after consideration of the matter of urgency.

Procedural Motion

2685

RESOLVED (Esber/Wilson)

That the meeting resume into Open Session.

23. REPORTS OF RESOLUTIONS PASSED IN CLOSED SESSION

The Chief Executive Officer read out the resolutions for Item 22.1 and the Matter of Urgency.

Note: The Lord Mayor, Councillor Dwyer advised the meeting that a Notice of Motion of Rescission was submitted prior to the closure of the meeting in relation to Item 20.2: Notice of Motion: Superannuation Guarantee Contributions for Councillors and Gender Equity. The Lord Mayor determined that the Notice of Motion was not urgent and that in accordance with Council’s Code of Meeting Practice, will be considered at the next Ordinary Council Meeting to be held on 14 April 2020.

The meeting terminated at 8.04pm.

THIS PAGE AND THE PRECEDING 12 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON MONDAY, 23 MARCH 2020 AND CONFIRMED ON TUESDAY, 14 APRIL 2020.

Chairperson

Council 14 April 2020 Item 13.1

FAIR

ITEM NUMBER 13.1

SUBJECT FOR NOTATION: Investment Report for February 2020

REFERENCE F2009/00971 - D07310731

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 February 2020.

RECOMMENDATION

That Council note the Investment Report for February 2020.

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 29 February 2020 was $477m. The average portfolio holdings held throughout the month was $475.4m

4. Council holds a diversified range of investment products which as at 29 February 2020 included:

5. The Investment portfolio has returned 0.07% p.a. in February, underperforming the AusBond Bank Bill Index benchmark by 89 basis points (0.96%). The TCorp Fund (-3.55%) and CFS Fund (-0.58%) were the primary detractors to performance this month, as all risky assets were sold off.

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	2.51%	2.87%	2.99%	3.05%	3.15%	3.23%
Ausbond Bank Bill Index Benchmark	1.02%	1.30%	1.64%	1.68%	1.75%	1.85%
Outperformance	1.49%	1.57%	1.35%	1.37%	1.40%	1.38%

8. The portfolio now fully invested, with 3% of at-call and a further 12% of assets maturing in the next 3 months. Returns have gradually fallen after the RBA’s multiple cuts during CY19 and this has continued over CY20. Deposit margins were wider in February, but all previously locked term deposits are returning well above current market after sharp falls in bond and swap yields.

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.

The maturity profile as at 29 February is as follows:

10. All ADI’s remain within current policy and counterparty limits. BBB and unrated investments will increasingly fall over time, accelerated as assets sales and maturities occur.

Under the proposed draft policy, a more complex and generally lower set of limits will apply. The investment portfolio will comply with the draft policy rating limits by August 2020. Existing longer dated investments will be grandfathered with new purchases tightly constrained.

11. The majority of Council’s portfolio is deposits, at 64% of the total assets (-1% from last month). The portfolio also includes liquid FRN securities, cash, as well as TCorpIM Long Term Growth Fund. Around 6.7% of the portfolio is less defensive and is regarded as long-term. The investment portfolio is well diversified in complying assets across the entire credit spectrum; with no one credit dominating. It has relatively low cash holdings, which are now very expensive to hold.

Council has invested $17M of Reserve funds (4% of the total portfolio) to back specified long-term liabilities with the TCorpIM Long Term Growth Fund. It returned 9.5% over the past 12 months, well down from the January high, but still showing very attractive returns.

12. The Portfolio allocation as at 29 February 2020 is as follows:

13. Term Deposits The weighted average duration of the deposit portfolio is approximately 492 days (1.35 years). The weighted average yield is 2.26% which is 165 basis points above bank bills.

Given a limited window following inflows and ongoing portfolio growth, Council has done well to reposition into very long term 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 1.99% for February with a 12-month return of 2.44%. Increased purchasing will come primarily from switches in 2020. The new draft policy transition will mean the sale of some aged securities of smaller ADIs, which are likely to result in substantial capital gains.

15. CFS Managed Credit Funds recorded -0.58% (net actual) in February, with physical credit weakening in the second part of the month as the impact of coronavirus was expected to worsen. Credit derivatives led moves wider – particularly in European credit, and high yield.

16. The TCorpIM Long-Term Growth Fund had a loss of -3.55% (net actual) in February, being the worst month since October 2018. They tend to outperform balanced fund peers in falling currency periods, and did so again in February.

The T-Corp Growth Fund’s exposure to domestic and international equities resulted in the significant fall, as investors were concerned about the effects of the coronavirus.

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 Investment report (Attachment 3).

18. The Certificate of Investments for February 2020 is provided below:

Certificate of Investments

I hereby certify that the investments for the month of February 2020 have been made in accordance with the Act, the Regulations and Council’s Investment Policy – Alistair Cochrane, Acting 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 February 2020	1 Page
2 ⇩	List of Council Investments by maturity February 2020	10 Pages
3 ⇩	CPG Comprehensive Investment Report - February 2020	19 Pages

REFERENCE MATERIAL

Council 14 April 2020 Item 13.3

FAIR

ITEM NUMBER 13.3

SUBJECT FOR APPROVAL: Council's Response to COVID-19 - Delegations to the Lord Mayor and Chief Executive Officer

REFERENCE F2019/04433 - D07344413

REPORT OF Governance Manager

PURPOSE:

This report seeks Council approval to provide additional delegations to the Chief Executive Officer and Lord Mayor, to reduce the volume of Council Papers, enable decisions to be made quickly in response to any developments outside of the normal Council meeting cycle and in response to COVID-19.

RECOMMENDATION

(a) That Council delegate to the Chief Executive Officer the acceptance of tenders to a maximum value of $2,000,000 (incl. GST) per tender.

(b) That Council delegate jointly to the Lord Mayor and Chief Executive Officer the acceptance of tenders above $2,000,000 and up to a maximum value of $5,000,000 (incl. GST) per tender.

(c) That Council delegate to the Chief Executive Officer the authority to approve minor property dealings, as defined in Council’s Property Lease and Licence Policy, to a maximum value of $2,000,000 (incl. GST) per dealing as outlined in paragraph 16 of this report.

(d) Further, that Council approve any change to relevant policies arising from (a), (b) and (c) above.

BACKGROUND

1. Section 377 of the Local Government Act 1993 (LG Act) provides the general power of the Council to delegate any function of the Council under the LG Act or any other Act, including the authority for the acceptance of tenders.

2. In September 2019, Council resolved to delegate all functions pursuant to Section 377, other than those subject to:

a. any limitations or restraints under the Local Government Act 1998,

b. any direction, limitation or restraint under any resolution of the Council,

c. the provisions of the LG Act and the Local Government (General) Regulation 2005 any other relevant legislation,

d. every policy adopted by resolution of the Council.

ISSUES/OPTIONS/CONSEQUENCES

Local Government’s Response to COVID-19

3. In response to the current COVID-19 and public health climate, the Hon Brad Hazzard MP, Minister for Health and Medical Research issued a Public Health (COVID-19 Gatherings) Order 2020 (Public Health Order), restricting gatherings in indoor spaces exceeding 100 persons. Council meetings are not exempted from the Public Health Order as “essential gatherings” and a Council must comply with the Public Health Order.

4. Urgent amendments have recently been made to the LG Act allowing Councils to meet remotely to assist them to manage the risk of transmission of the COVID-19 virus at meetings and to ensure that Councils comply with the Public Health Order. These amendments will operate for a period of six (6) months, with the option for the amendment to extend to 12 months if required.

5. The Lord Mayor in consultation with the CEO, recently cancelled a number of Council Meetings, in accordance with s5.14 of Council’s Code of Meeting Practice, as holding a meeting may pose a risk to those attending the meeting. Councils meetings will now be held monthly, with a further report to be presented to Council in August 2020 to determine future Council meetings.

6. In addition, the Office of Local Government has recommended that Councils review their delegations to ensure that decisions can be made quickly in response to any developments outside of the normal Council meeting cycle. As stated above, Council’s functions (other than those specified in s377 of the LG Act) can be delegated to the CEO, the Lord Mayor or another body such as a committee.

Current Procurement Environment

7. Council’s current Procurement Guidelines (Guidelines) require that all tender reports (being for contracts specified in section 55(1) of the LG Act of greater than $250,000 (inclusive of GST) or greater than $150,000 (inclusive of GST) for contracts involving the provision of services where those services are, at the time of entering the contract, being provided by employees of Council) are to be reported to Council for approval.

8. The current Guidelines require that a report be presented to Council and the recommendations of the Tender Evaluation Committee be endorsed by a Council resolution. This requirement can sometimes add an additional three to four weeks to a tender process.

CEO Tender Delegation

9. A review of the finalised tenders for the 2018/2019 financial year reveals that out of 71 tenders that were completed, 65 were below $2,000,000. Tenders of this value tend to fall into less controversial business as usual contracts, e.g. provision of services for major events, selection of after-hours call centre services and the selection of courier services for the Council.

10. Having regard to the current climate, and to provide the ability to make decisions quickly in response to developments outside of a normal Council meeting cycle, it is recommended that Council delegate authority to the CEO to accept tenders up to a maximum value of $2,000,000 (inclusive of GST).

Lord Mayor / CEO Joint Tender Delegation

11. Larger tenders, mainly for capital works, public improvement projects, or contracts for goods and services with a wide-reaching impact to the community, tend to fall above the $2,000,000 value.

12. In response to this, and to provide the ability to make decisions quickly in response to developments outside of a normal Council meeting cycle, it is recommended that an additional delegation be provided jointly to the Lord Mayor and CEO to accept tenders between $2,000,000 (inclusive of GST) and up to a maximum value of $5,000,000 (inclusive of GST).

13. Tenders above the value of $5,000,000 tender to relate to significant public facing developments, for example Parramatta Square, Aquatic Centre and the Escarpment Boardwalk.

Tender Review Committee

14. To provide assurance to Council, the Lord Mayor and the CEO in accepting tenders, it is recommended that a Tender Review Committee (TRC) be established to provide assistance, oversight and probity advice.

15. The TRC would comprise the CEO, an Executive Director and Procurement to decide the acceptance of the recommendations contained within each Tender Recommendation Report on a case by case basis. Any contentious, high value projects or projects of significant public interest would be referred to Council for consideration and approval.

Property Lease and Licence Policy

16. Council’s current Property Lease and Licence Policy refers to a Land Acquisition Disposal Procedure, further limiting the CEO’s s377 delegation, with regard to minor property dealings.

17. Minor property dealings, as defined by the Property Lease and Licence Policy, refers to:

a. any agreement with a financial value less than $300,000; or

b. an agreement with a duration of less than 24 months.

18. The current Procedure requires a report to be brought to Council both prior to placing the property on the market as well as recommending a preferred tenant.

19. It is recommended that this limitation be removed from the CEO’s delegation, in order to provide streamlined decision making for “minor” property dealings of Council.

Timing of Delegations

20. The above proposed delegation is recommended to enable decisions to be made quickly in between normal Council meeting cycles.

Reporting to Councillors

21. In order to provide regular reporting on decisions made under delegation, it is recommended that:

a. Quarterly briefing notes be provided to Councillors reporting on tenders determined under CEO delegation and tenders determined under joint Lord Mayor and CEO delegation; and

b. Quarterly reports be provided to Council on minor property dealings. determined under delegation

CONSULTATION & TIMING

22. The Office of Local Government has recommended that Councils review their delegations in order to make decisions quickly in response to any developments outside of the normal Council meeting cycle. The proposed additional delegation to the Lord Mayor and the CEO is consistent with the OLG’s recommendation.

23. A number of Councils have embraced the delegation of the acceptance of tenders to the CEO. In the western region of NSW, Campbelltown, Dubbo and Hawkesbury have delegated the unlimited (with no upper financial limit) acceptance of tenders to their CEO. Lithgow City Council and Mid-Western Regional Council have adopted more conservative delegation limits of $500,000 and $1,000,000 respectively. Northern and southern Council regions estimate that around 50% of their member Councils have adopted some form of tender delegation since the legislation changes in 2016.

24. Comparing Councils of similar spend/risk, the City of Newcastle and the City of Canterbury Bankstown both have delegated the acceptance of tenders by their GMs up to a limit of $1,000,000. It is proposed, in these circumstances, that $2,000,000 (CEO) and $5,000,000 (Lord Mayor) respectively is suitable.

FINANCIAL IMPLICATION FOR COUNCIL

25. There are no budgetary implications for Council in providing the recommended delegations to the Lord Mayor and CEO.

Patricia Krzeminski

Governance Manager

Sacha Sadler

Procurement Manager

Alistair Cochrane

Acting Chief Financial Officer

Bruce Ferguson

Risk & Audit Manager

Ian Woodward

Group Manager Legal Services

Michael Tzimoulas

Executive Director Corporate Services

Brett Newman

Chief Executive Officer

Attachments:

1 ⇩	Procurement Policy	2 Pages
2 ⇩	Property Lease and Licence Policy	4 Pages

REFERENCE MATERIAL

Council 14 April 2020 Item 14.2

ACCESSIBLE

ITEM NUMBER 14.2

SUBJECT FOR APPROVAL: Epping to Carlingford Cycleway

REFERENCE F2017/01529 - D07325643

REPORT OF Senior Project Officer Transport Planning

PURPOSE:

To seek Council’s endorsement for the next step of the Epping to Carlingford Cycleway project.

RECOMMENDATION

(a) That Council acknowledge the contribution made by the communities of Epping and Carlingford on the project, and note the community consultation documented at Attachment 1.

(b) That Council note the Road Safety Audit and additional commentary by the Road Safety Audit team provided at Attachments 3, 4 and 5.

(c) Further, that Council approve the significantly reduced scope of works as set out below to be submitted to the Parramatta Traffic Committee for consideration:

a. Widen the western kerb in Victoria Street south of Bridge Street, Epping, and install a refuge island in Rickard Street at Marsden Road, Carlingford.

b. Upgrade the existing pedestrian refuge islands at High Street south of Epping Road, at the roundabout Bridge Street / Rawson Street (eastern/southern approach) Epping, and at the roundabout at Willoughby Street / Pennant Parade (southern approach) to allow use by cyclists.

c. Widen the footpath to a shared user path on the southern side of Bridge Street between High Street and Wyralla Avenue, Epping, and between Pennant Parade and Barellan Avenue, Carlingford.

d. Install regulatory signage on the eastern side of Marsden Street between Pennant Hills Road and Rickard Street, Carlingford to enable a shared path.

e. Install a pedestrian/cyclist refuge island in Midson Road at Wyralla Avenue, Epping and introduce a “left in / left out only” for all movements at this intersection.

f. Re-fresh the existing PS-2 logos on Willoughby Street and install PS-2 logos on Wyralla Avenue, Hermington Street and Barellan Avenue to indicate a cycling route.

BACKGROUND

1. On 16 December 2016 Council resolved, in part:

(a) That Council adopts the recommendations of the Assessment Panel for the implementation of the Community Grants and Major Projects programs of the Stronger Communities Fund and agrees to the following actions to accompany the Administrator’s public announcement of all successful grants and projects early in 2017:

a. Documents are prepared to advise all successful recipients including the provision of notice of any funding conditions, as relevant

b. Letters are prepared for all unsuccessful applicants

c. Letters are prepared for all local MPs and the Minister for Local Government to advise of the successful recipients.

2. This proposal was a community nominated project within the Community Grants and Major Projects programs, to improve cycling connectivity between Epping and Carlingford and extend the Parramatta Light Rail “Active Transport Link” beyond Carlingford.

CONSULTATION & TIMING

3. Council conducted three rounds of community consultation on the project over 2018, 2019 and 2020. The project generated a range of feedback – both negative and positive, and it was reviewed each time in light of the feedback received, and changes made where possible in response.

4. In 2018 Council consulted with the community on the potential cycling route, and on two options of either Keeler Street or Barellan Avenue (details on the consultation activities are included at Attachment 1). Figure 1 below illustrates the 197 responses, the preference for the Barellan alignment over Keeler, and the strong preference for pedestrians, cyclists and vehicles to be physically separated on Willoughby Street and Bridge Street.

A close up of a map

Description automatically generated

Figure 1: Feedback summary on route options

5. To respond to the community feedback in 2018 and provide a greater length of physical separation between pedestrians, cyclists and general traffic on Willoughby Street and Bridge Street, a funding application was made to the Transport for NSW Active Transport Program for additional construction funds, and in June 2019 Council was notified a grant had been made. The total funds for the project is $3.5M.

6. During extended consultation in late 2019, Council committed to place the project on hold, and re-commence the consultation in early 2020. Written responses from a total of 144 residents, businesses and community groups were received and a detailed summary of the responses is provided at Attachment 1. Of the responses, 48 support the project, 61 oppose the project, and 35 offer conditional support or opposition. Verbal feedback and questions were also received during the community information meetings that paralleled those submitted in writing and are included in the key issues outlined in the same attachment. The meetings were attended in total by 75-100 interested community members across the three meetings.

ISSUES/OPTIONS/CONSEQUENCES

7. During the consultation in early 2020, an independent Road Safety Audit (RSA) was commissioned by Council to independently assess the safety aspects of the proposal. It is provided at Attachment 3. This audit also considered community concerns (outside the formal RSA process) and these are available at Attachment 4.

8. Common themes raised by the community include; safety concerns for pedestrians, cyclists and vehicles more broadly and in specific locations, alternative routes, potential user behaviour and inadequate path widths. These have been responded to in detail by Council officers and by the independent Road Safety Auditors. Concerns have also been raised on the scale of concrete and loss of street trees. In this regard, concrete has been reduced to the bare minimum, and street trees identified for protection on Bridge Street, or offset planting identified in other locations. The comprehensive consultation process has also been detailed. In contrast, other responses were very supportive, asking for greater investment in cycling, or requesting minor modifications.

9. Council has the following options available on the next steps for this project:

i. That Council proceed with the project in full, and that it be forwarded to Parramatta Traffic Committee for its consideration.

ii. That Council not proceed with the project, and that Council write to the Office of Local Government requesting a re-distribution of the residual Stronger Communities Funds (SCF) grant to other approved SCF projects, and further that Transport for NSW be advised that the $2.5M Active Transport Grant is no longer required.

iii. Partial implementation - as per the Council staff recommendation provided for in this report.

10. Option i. would have the greatest connectivity benefits, but the greatest change to existing conditions, particularly on Willoughby Street and Orchard Street. Option ii. would result in no additional connectivity. The risk with this option is that Transport for NSW may re-assess Council’s future capacity to deliver grant programs, however would allow additional funding to be released to other SCF projects.

11. Option iii. focusses on delivering sections that have the greatest connectivity and safety improvements for both cyclists and pedestrians. The key community issues of inadequate path width and existing trees on Bridge Street can be resolved through replacing an existing 1.2-1.5m footpath with a 4.5-5.5m shared path along with very strong protection measures for existing trees. A summary of the reasons for the staff recommendation for partial completion is explained section by section in Attachment 2

12. The Council officer’s recommendation includes six component parts (illustrated at Figures 2 and 3) which could proceed as a partial implementation approach, being the:

a. Widen the western kerb in Victoria Street south of Bridge Street, Epping, and install a refuge island in Rickard Street at Marsden Road, Carlingford.

b. Upgrade the existing pedestrian refuge islands at High Street south of Epping Road, the roundabout at Bridge Street / Rawson Street (eastern/southern approach) Epping, and the roundabout at Willoughby Street / Pennant Parade (southern approach) to allow use by cyclists.

c. Widen the footpath to a shared user path on the southern side of Bridge Street between High Street and Wyralla Avenue, Epping, and between Pennant Parade and Barellan Avenue, Carlingford.

d. Install regulatory signage on the eastern side of Marsden Street between Pennant Hills Road and Rickard Street, Carlingford to enable a shared path,

e. Provide a pedestrian/cyclist refuge island in Midson Road at Wyralla Avenue, Epping and introduce a “left in / left out only” for all movements at this intersection.

f. Re-fresh the existing PS-2 logos on Willoughby Street and install PS-2 logos on Wyralla Avenue, Hermington Street and Barellan Avenue to indicate a cycling route.

A close up of a map

Description automatically generated

Existing Shared Path

Proposed Shared Path

On Road Cycling (mixed with traffic)

New or upgraded pedestrian/cycling refuge island

Figure 2: Location of Cycleway (West)

A close up of a map

Description automatically generated

Figure 3: Location of Cycleway (East)

FINANCIAL IMPLICATION FOR COUNCIL

13. To date Council has spent $629,000 of a $1M Stronger Communities Fund (SCF) Grant that was provided and to be spent by 31 December 2019. Council sent a request to Office of Local Government in December 2019 asking for an extension to June 2020.

14. Remaining funds from SCF of $371,000 and $2.5M provided by Transport for NSW will be utilised by Council if the project was to proceed in its entirety.

15. Should Council endorse the officer recommendation for partial completion, the $2.5M provided by Transport for NSW will cover the estimated costs of all the works. The remaining $371,000 from SCF can be re-allocated to the existing projects funded by SCF subject to the permission of the Office of Local Government.

16. Should the project not proceed, the remaining $371,000 from SCF will be re-allocated to the existing projects funded by SCF subject to the permission of the Office of Local Government, and the Transport for NSW notified that the Active Transport Grant will not be required.

17. If the project proceeds, maintenance of the cycleway (partially or wholly) will be funded from the existing operational budget. ‘Cycle Route Maintenance and Encouraging Cycling’.

Mark Crispin

Senior Project Officer Transport Planning

Michael Jollon

Transport Planning Manager

Geoff King

Group Manager Future City

Alistair Cochrane

Acting Chief Financial Officer

Jennifer Concato

Executive Director City Strategy & Development

Brett Newman

Chief Executive Officer

Attachments:

1 ⇩	Detailed Consultation Summary	19 Pages
2 ⇩	Staff Recomendation	1 Page
3 ⇩	Stage 3 (Detailed design) Road Safety Audit Report - Epping to Carlingford Cycleway	40 Pages
4 ⇩	Road Safety Audiy (RSA) Close Out Form	6 Pages
5 ⇩	Community Concerns - Auditor Commentary	3 Pages

REFERENCE MATERIAL

Council 14 April 2020 Item 17.1

THRIVING

ITEM NUMBER 17.1

SUBJECT FOR NOTATION: Parramatta Night City Framework - Review of Council Enforcement Policies and Processes

REFERENCE F2018/02117 - D07279704

REPORT OF Project Officer

PURPOSE:

The purpose of this report is for Council to consider a review conducted of Council’s enforcement policies undertaken to identify any inconsistencies with the principles of the endorsed Parramatta Night City Framework 2020-2024. This report is a result of Council’s resolution of 10 February 2020 with respect to the adoption of the Parramatta Night City Framework 2020-2024.

RECOMMENDATION

(a) That Council note the review (provided at Attachment 1) undertaken of Council’s enforcement policies has not highlighted any inconsistencies with the endorsed Parramatta Night City Framework 2020-2024, as the regulatory enforcement functions do not set the parameters by which a business or activity is allowed to operate, but rather these are determined during the development assessment process as conditions of development consent.

(b) Further, that Council notes the following development control actions have been prioritised for implementation within the endorsed Parramatta Night City Framework 2020-2024 ; to set, where possible, a standard for trading hours for various categories of premises, plans of management requirements for licensed premises, acoustic minimisation measures to protect against night time sound, as well as assessment criteria for live music within premises and in outdoor dining areas.

BACKGROUND

1. At its meeting of 10 February 2020, Council resolved to adopt the Parramatta Night City Framework 2020-2024, a 5-year strategy to guide the growth and diversification of the night time economy of the Parramatta CBD and its local and strategic centres. As part of Council’s resolution endorsing the Parramatta Night City Framework 2020-2024, Council requested the following:

(b) That Council review and update the existing relevant enforcement protocols and policies to align with the Parramatta Night City Framework, such that the Framework is to prevail in all instances of inconsistency, and a report on the review of the enforcement policies to be tabled to the first Council Meeting in April 2020.

2. Staff from Council’s City Strategy and Regulatory Services Units have undertaken a review of relevant enforcement policies and processes listed on Council’s Policy Register to identify any instances of inconsistency with the Parramatta Night City Framework 2020-2024. It should be noted that the Framework itself is a strategic document and is not a policy or local environmental planning instrument, however it does propose some amendments to these instruments.

3. This review has identified the following enforcement policies and processes as having relevance to the Parramatta Night City Framework 2020-2024 by virtue of their role in guiding enforcement of various types of night time activities:

a) Regulatory Services Enforcement Policy (Policy 306)

b) Parking Enforcement Policy (Policy 307)

c) Outdoor Dining Policy (Policy 236)

d) Enforcement Policy Outdoor Dining Areas (Policy 314)

4. On review of Council’s Policy Register, there are no policies or actions that specifically apply to Council’s enforcement functions of late night activities. Council’s enforcement policies are designed to apply in a uniform fashion across all compliance matters and be used and adapted to individual circumstances. The results of Council officer’s review is provided at Attachment 1.

REGULATORY ENFORCEMENT OF NIGHT TIME ACTIVITIES

5. Council’s regulatory enforcement functions do not set the parameters by which a business or activity is allowed to operate. These are determined during the development assessment process as conditions of development consent, which is discussed later in this report.

6. Council’s Regulatory Services functions act on matters of non-compliance of a development consent for a particular business, activity or residence, or non-compliance with a State Act. The powers of intervention and enforcement of development consents are outlined in various pieces of state legislation such as the Local Government Act 1993, Environmental Planning and Assessment Act 1979, Liquor Act 2007, Protection of Environment Operations Act 1997 (amongst others) implemented under the terms of the relevant Act and Council’s Regulatory Services Enforcement Policy (Policy 306).

7. The prevailing principle of all of Council’s enforcement policies and processes is for Authorised Enforcement Officers to be able to vary the scale of enforcement actions depending on individual circumstances, namely the nature, extent and frequency of a non-compliance matter. This discretion is to provide Authorised Officers the necessary flexibility to be able to respond to a non-compliance issue at a level deemed appropriate, proportionate and fair in the context of the individual circumstances of the matter.

8. Clause 3.3.6 of the Regulatory Services Enforcement Policy outlines that officers are obliged to approach matters of non-compliance, in the first instance, in a conciliatory manner, as outlined below:

“Unless urgent action is required (i.e. matters where the health and/or safety of people may be affected or serious environmental harm), a staged approach to obtain compliance will be applied to matters other than parking related offences. That is, in the first instance, offenders will be given the opportunity to discuss and remedy the breach before enforcement action is taken.”

9. Common compliance matters that arise in regulating the night time economy include (but are not limited to):

a) Non-compliance with approved trading hours;

b) Complaints from neighbouring residents or businesses regarding unreasonable levels of noise (time, volume and frequency);

c) Unauthorised activities occurring in venues that cause amenity issues (such as unapproved live music, events and the like).

10. For the purposes of illustrating how Council’s Regulatory Services Enforcement Policy occurs in practice, some examples of common compliance enforcement issues and the approach taken by Council’s Authorised Officers is provided at Attachment 1.

11. Non-complying operators have the opportunity to seek approval of a non-compliance (such as seeking approval for extended trading hours) through a modification to the development consent, which can be obtained through the lodgment of a Section 4.55 Modification Application. Modification applications are assessed on their merits, and may require additional works to be carried out to minimise amenity impacts in the locality. Alternately, if changes in operation are considered substantial a new Development Application may be required.

12. Importantly, all enforcement action on the non-compliance is paused while a Section 4.55 Modification Application is being assessed to provide an applicant a fair and reasonable opportunity to receive approval to comply and meet the requisite conditions set out in their development consent. In the interim however, applicants are expected to comply with their original consent conditions until the determination of the Section 4.55 Modification Application is made.

DETERMINATION OF CONSENT CONDITIONS FOR DEVELOPMENTS OPERATING AT NIGHT

13. Depending on the type, scale and capital investment value of a particular development, development consent conditions are determined under staff delegation by Council’s Development and Traffic Services Unit, by the Local Planning Panel, by the Sydney Central City Planning Panel (major developments) or by the Minister for Planning and Public Spaces (State significant developments).

14. All development applications are considered on their merits and in relation to relevant environmental planning instruments and other planning provisions on the basis of the criteria outlined in Section 4.15 (1) of the Environmental Planning and Assessment Act 1979 (NSW) (the ‘EP&A Act’), namely:

b) The likely impacts of the development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality;

c) The suitability of the site for the development;

d) Any submissions made in accordance with the [EP&A Act] or the regulations; and,

The public interest.

15. Consistent with Section 4.15 (1) of the EP&A Act, the development assessment process considers relevant impacts of a development on the locality in which it is situated. Commonly for developments operating at night consideration is given to:

a) The operational nature of the use and its level of intensity

b) Appropriate trading hours in the context of the development and its location;

c) Requirements for minimising sound, vibration, odour transfer from a development;

d) Physical and operational safety requirements, such as lighting and CCTV;

e) ‘Plans of Management’ requirements for licensed premises;

f) Parking and deliveries, waste management, health regulation

POLICY REFORM IDENTIFIED IN THE PARRAMATTA NIGHT CITY FRAMEWORK

16. The endorsed Parramatta Night City Framework 2020-2024 outlines a number of actions to investigate policy reforms to local environmental planning instruments to support the growth and diversification of the night time economy. These reforms will support Council in achieving its long-term goal of transitioning the Parramatta CBD into a 24-hour global city centre, allowing local centres to be able to trade later, more easily and setting expectations about the nature of a vibrant night time centre for residents. Further detail on these policy matters and Council’s endorsed approach are outlined below:

Review of development controls

17. Goal 1 of the Parramatta Night City Framework 2020-2024 outlines a number of policy reforms to Council’s development controls (through a Development Control Plan) to set, where possible, a standard for trading hours for various categories of premises, plans of management requirements for licensed premises, acoustic minimisation measures (such as “double glazing”) to protect against night time sound, as well as assessment criteria for live music within premises and in outdoor dining areas.

18. The development of the suite of reforms to Council’s environmental planning instruments is currently underway and are listed as a priority action in the delivery of the Framework.

19. One of the challenges is that while these actions from the Parramatta Night City Framework 2020-2024 will address future impacts, there are some locations where past building works, operating practices and resident expectations have contributed to existing conflicts.

Setting expectations for residents moving into night time centres

20. The Parramatta Night City Framework 2020-2024 emphasises the importance in setting expectations for residents moving into night time centres, particularly the Parramatta CBD, that some noise is reasonable and to be expected when living in, or in close proximity to a commercial centre or special events precinct.

21. The Framework commits Council to investigate the inclusion of a clause into the Section 10.7 Planning Certificate detailing expectations of some reasonable night time sound when moving into key entertainment precincts (Action 1.8). This approach is taken within Sydney Olympic Park and the Carter Street Precinct with regard to noise generated by major events.

22. Council staff have developed a draft notation and are currently consulting internal stakeholders on its contents and the operation of the clause on the Section 10.7 Planning Certificate. The notation should be apply to these certificates by June 2020.

Development of a Good Neighbour Policy

23. Notwithstanding the result of Council officers review, during the development of the Parramatta Night City Framework 2020-2024, particular feedback was received from local businesses relating to receiving greater support of Council Officers in managing the impact of noise and other amenity complaints.

24. Action 1.16 of the Parramatta Night City Framework 2020-2024 commits Council to develop a “Good Neighbour Policy” to provide a clear procedure in dealing with noise complaints from night time venues that provides a business or industry specific support to handling compliance matters and emphasises respectful relationships between offending parties and complainants to seek long term solutions.

25. The development of a “Good Neighbour Policy” has been a successful approach to managing amenity impacts from late night trading venues within the Inner West Council LGA, whom are the first (and so far only) Council to adopt this approach in 2017. The NSW Government has recommended that all local councils across Greater Sydney develop their own “Good Neighbour Policy” following the findings of the Parliamentary Inquiry into Sydney’s Night Time Economy (2019).

26. Principles of a “Good Neighbour Policy” include:

a) In instances of amenity impact being caused by a late night trading venue, Council’s Authorised Officers must adopt a conciliatory response to the first or early instances of a compliance breach or complaint, with a view to proactively educate the offender to ensure future compliance;

b) That Council staff proactively educate business and the community of their statutory rights and obligations, advise offenders of the mechanisms to seek approval for greater late night activities, and provide proactive solutions to minimise amenity impacts;

c) That in meetings with offenders in instances of multiple non-compliances, Council staff that may assist in rectifying issues or providing advice on mitigation strategies be required to attend such meetings with offenders, such as Economic Development, Land Use Planning, Development Advice, Place Services, and others as relevant.

FINANCIAL IMPLICATION FOR COUNCIL

27. There are no financial implications for Council directly as a result of this report beyond staff time (existing resources) in undertaking the review and preparing the report.

28. Budget implications for the review and development of environmental planning instruments, policies and engagement materials associated with the actions of the Parramatta Night Framework identified within this report will be funded from the existing budget allocations for the “City Culture and Liveability” portfolio of the Economic Development Special Rate for financial years 2019/2020 and 2020/2021.

Beau Reid

Project Officer Economic Development

Nicole Carnegie

Economic Development Manager

Geoff King

Group Manager City Strategy

Michelle Burke

Acting Group Manager Regulatory Services

Mark Leotta

Group Manager Development & Traffic Services

Alistair Cochrane

Acting Chief Financial Officer

Jennifer Concato

Executive Director City Strategy & Development

Wayne Carter

Executive Director City Assets & Operations

Attachments:

1 ⇩	Review of Council's Enforcement Policies against Parramatta Night City Framework 2020-2024	9 Pages
2 ⇩	Night Time Enforcement Scenarios	2 Pages

REFERENCE MATERIAL

Council 14 April 2020 Item 17.2

THRIVING

ITEM NUMBER 17.2

SUBJECT FOR APPROVAL: Dence Park Masterplan Implementation Plan

REFERENCE F2017/03692 - D07327047

REPORT OF Place Manager

PURPOSE:

To seek Council’s approval of the Dence Park Masterplan Implementation Plan, and to allocate $18.5M to the Implementation Plan budget.

RECOMMENDATION

(a) That Council approve the Dence Park Masterplan Implementation Plan.

(b) That Council allocate $12M from the Epping Stronger Communities Fund reserve for delivering the aquatic elements of the Dence Park Masterplan.

(c) That Council allocate $6.5M ($1.5M from the Epping Stronger Communities Fund reserve and $5M from the former Hornsby LGA Land and Epping Town Centre S94 Plan) to the aquatic amenities building elements of the Dence Park Masterplan.

(d) Further that, in the event that the aquatic amenities building elements of the Dence Park Masterplan are anticipated to require a budget in excess of $6.5M, a further report with options for directing these funds to elements of the Dence Park Masterplan be brought back to Council.

BACKGROUND

1. Dence Park is located at 26 Stanley Street Epping. The area covered by the Master Plan comprises five hectares of land. Dence Park is an important community asset with multiple passive and active recreation elements and community uses. The park contains the Epping Creative Centre and Epping Aquatic Centre, and is also part of the Terry’s Creek Walk. The southern part of the site is inaccessible bushland with ecological value and is excluded from the masterplan.

2. The aim of the Dence Park Masterplan is to provide a strategic document for improving facilities across the site, while retaining and enhancing the site’s unique natural setting. A number of key upgrades are proposed, including:

a. Redevelopment of Epping Pool aquatic amenities and aquatic facilities, including a new 8-lane 50m outdoor pool, new 25m indoor pool, new water play facilities, new ‘sky bridge’ access, an upgraded amenities building, and enhanced spectator seating.

b. Creating new formal passive recreational spaces including picnic facilities, gardens, seatings.

c. Creating new active recreational spaces including a new district playground.

d. Upgrading associated ancillary facilities, including car parking, pedestrian pathways, amenities building, and bushland conservation.

e. Staged redevelopment of the Epping Creative Centre to improve accessibility and provide more community space.

3. At its meeting of 9 December 2019, Council endorsed the Dence Park Masterplan (https://www.cityofparramatta.nsw.gov.au/sites/council/files/2019-12/d07145606_final_dence_park_final_masterplan_report_without_appendices.pdf) as follows:

(a) That Council adopts the Dence Park Master Plan as amended in response to submissions received during the recent public exhibition.

(b) That copies of the adopted Dence Park Master Plan be made available to the public at the City of Parramatta Library, Epping Branch Library and on Council’s website.

(c) That all those who provided submissions during the public exhibition period and during the consultation process be advised of Council’s decision and thanked for their contribution to the development of the Master Plan.

(d) Further, that a report be brought to a February Council meeting which will contain a detailed Implementation Plan for Council’s consideration and endorsement.

4. This report addresses item (d) which is a detailed Implementation Plan for Council’s consideration and endorsement. Significant staff effort was directed to assessing the financial elements of the Dence Park Masterplan which required a post-February 2020 reporting timeframe.

ISSUES/OPTIONS/CONSEQUENCES

5. The Dence Park Masterplan was informed by extensive community engagement. This included four rounds of consultation, 1,950 surveys, 18 school-specific interviews, 11 pop-up sessions, and 5 key stakeholder meetings.

6. The clear preference of the Epping community is for Council to prioritise the aquatic works component of the Dence Park Masterplan, foremost of which is a new Epping Pool in its current location. The Dence Park Masterplan Implementation Plan (Attachment 1) reflects this community preference by prioritizing the aquatic elements of the Dence Park Masterplan.

7. $18.5M in confirmed funding is available from Council reserves for the Dence Park Masterplan Implementation Plan:

· $13.5M from the Stronger Communities Fund for Epping. Clause 1.1 of the Funding Agreement with the NSW State Government provides that Council agrees to accept the funds subject to the terms of the Agreement that the funding can only be spent on "development of a community hub in Epping and improvements to Dence Park, Epping."

· $5M from Development Contributions from former Hornsby LGA Land and Epping Town Centre S94 Plan (Open Space & Recreation category OS12 - 'New Aquatic Facility and Water Play at Dence Park or similar')

8. The proposed Dence Park Masterplan Implementation Plan consists of three separate packages.

a. Package 1: Demolish the existing pool. Build a new 50m x 8 lane pool, new indoor pool, zero-splash water play facilities (‘water playground’), and associated pool infrastructure. Package 1 broadly encompasses the aquatic elements of the Dence Park Masterplan. This package is budgeted at $12M (including a 15% contingency).

b. Package 2: Design and build a pool amenities building, including spectator seating, lift, connectivity between the car park and the pool amenities building. Package 2 broadly encompasses the aquatic amenities building elements. This package is estimated at $6.5M (including a 15% contingency).

c. Package 3: Design and build playground, heritage garden, walking paths, additional tree planting, car park rationalization. Package 3 broadly encompasses the remaining elements in the Dence Park Masterplan. This package is currently unfunded.

9. Design and construction works on the Epping Creative Centre are excluded from the above three packages as it was a low community priority compared with all the upgrades across Dence Park, and requires significant further consultation with the Incorporated Body and its hirers, and surrounding residents.

10. There is staff confidence regarding the $12M budget for Package 1. The package cost was peer-reviewed by Council staff against recently-constructed pool projects around Australia, as well as assessed by a reputable and experienced pool builder. Upon adoption of the Dence Park Masterplan Implementation Plan, Package 1 will proceed to a Design and Construct tender.

11. Concurrent to undertaking Package 1 works, detailed design and documentation work will be undertaken on Package 2 and Package 3. This will include a detailed cost estimate of the works. In the event that Package 2 is anticipated to have a budget requirement in excess of $6.5M, a further report will be brought to Council to determine options for directing these funds to elements of the Dence Park Masterplan.

12. Dividing the Dence Park Masterplan Implementation Plan into three packages enables stricter project cost control by providing more discrete packages of work to different contractors specifically suiting Council’s needs. It also reduces the overhead costs arising when a head contractor manages sub-consultants which Council would have incurred if the project was undertaken as a single Design and Construct tender.

CONSULTATION & TIMING

13. As noted above, significant community consultation occurred during the development of the Dence Park Master Plan (refer to page 34 of Attachment 1). The clear preference of the Epping community is for Council to prioritise the aquatic works component of the Dence Park Masterplan, foremost of which is a new Epping Pool in its current location. The Implementation Plan acknowledges this community preference by delivering the Package 1 pool works.

14. Accessibility Improvements were a consistent community feedback theme during all stages of the master planning process. Detailed accessibility design, including adherence to building standards and installing the necessary infrastructure, will be undertaken through the forthcoming design and construction phases.

15. For the proposed Dence Park Masterplan Implementation Plan, consultation occurred with the following Council teams:

a. Social Outcomes noted that there is a strong link between the draft Community Infrastructure Strategy (CIS) and the proposed works in the Dence Park Masterplan. The draft CIS identifies that there is a shortage of community recreation space in Epping. Further improvement to Epping Pool is identified as one of the major projects in the draft CIS and undertaking the works represents a significant Council investment in addressing future demand.

b. The Strategic Land Use Planning team noted the strong alignment between the draft CIS and the proposed works and endorse the allocation of $5 million from the City of Parramatta S94 Development Contributions Plan (formerly Hornsby LGA Land and Epping Town Centre) 2017 (Open Space & Recreation category OS12 - 'New Aquatic Facility and Water Play at Dence Park or similar').

c. Council’s Finance team was consulted on the approximate cost of delivering Package 1 and the cost control measures in the proposed Implementation Plan. Council’s Finance team is comfortable with Package 1 being able to be funded out of the Stronger Communities Fund grant, and is of the view that the proposed cost-control approach is acceptable.

d. Council’s Pool Operations & Facilities Management team were consulted on projected future operational models and the estimated timing of the pool closure for building works. A communications plan will be implemented to minimise the impact of the pool’s closure during construction on staff and the provision of pool facilities to the community.

e. Council’s Civil Works team consulted with experienced pool builders, architects, civil engineers, and other capital project managers to seek advice, guidance and lessons learnt on the optimal cost-controlled method for delivering the aquatic works.

FINANCIAL IMPLICATION FOR COUNCIL

16. As noted at Item 7 of this report, $18.5M in confirmed funding for the Dence Park Masterplan Implementation Plan is available from Council reserves.

17. The Dence Park Masterplan report adopted by Council on 9 December 2019 notes that the total cost of implementing the entirety of the Dence Park Masterplan exceeds Council’s currently available $18.5M funding.

18. As noted at Item 10 of this report, there is staff confidence regarding the $12M budget for Package 1.

19. Sensible and conservative project cost control measures will be applied to this project including multiple cost checkpoints. Package 2 will undergo a quantity survey and be reported back to Council if additional funding is required.

20. Council’s asset strategy team have assessed Epping Pool as a Condition 3 asset (where Condition 1 is Excellent/ New and Condition 5 is Very Poor/ Failure) and have valued Epping Pool at approximately $4.5M. From an asset management point of view, both the pool facilities and pool amenity building are structurally sound at the writing of this report. However, the aquatic structural engineering report for Epping Pool highlighted that the main pool is 60 years old and would require significant capital investment to maintain operations for an additional ten years. As per the Dence Park Masterplan findings, the existing pool amenities building has significant accessibility issues with respect to modern DDA requirements.

21. The Dence Park Masterplan Implementation Plan will expand Epping Pool’s capacity to provide year-round learn-to-swim and other indoor swimming activities, as well as additional lane hire and ability to host a greater number of school swim carnivals. As such, the operational cost to Council for new aquatic facilities as Dence Park will be approximately the same as the current facility at just under $1M per year.

Lily Wang

Place Manager

Bruce Mills

Group Manager Place Services

Jim Stefan

Group Manager City Assets& Environment

Alistair Cochrane

Acting Chief Financial Officer

Wayne Carter

Executive Director City Assets & Operations

Bryan Hynes

Director Property Development Group

Brett Newman

Chief Executive Officer

Attachments:

1 ⇩

Dence Park Masterplan Implementation Plan

11 Pages

REFERENCE MATERIAL

Council 14 April 2020 Item 18.1

INNOVATIVE

ITEM NUMBER 18.1

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

REFERENCE F2019/04433 - D07283013

REPORT OF Team Leader Land Use Planning

This item was deferred at the Council Meeting held on 10 February 2020 (Item 18.7).

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 2016 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, for the purposes of seeking a Gateway Determination. 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

Acting Manager - Land Use Planning

David Birds

Group Manager City Planning

Alistair Cochrane

Acting Chief Financial Officer

Jennifer Concato

Executive Director – City Strategy and Development

Brett Newman

Chief Executive Officer

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

Council 14 April 2020 Item 18.2

INNOVATIVE

ITEM NUMBER 18.2

SUBJECT FOR APPROVAL: Aquatic & Leisure Centre Parramatta - Main Works DA

REFERENCE F2017/02999 - D07318955

REPORT OF Development Manager

PURPOSE:

To report back to Council on the outcomes of the Concept Design Development phase for the Aquatic & Leisure Centre, and to seek endorsement to lodge the Main Works DA.

RECOMMENDATION

(a) That Council endorse the current design intent for the Aquatic & Leisure Centre project.

(b) That Council approve the lodgement of the Main Works DA for the Aquatic & Leisure Centre project.

(c) That Council approve the progression of the design team to the detailed design development phase and the completion of the head contractor tender process and report the outcomes back to Council, allowing for the continued expenditure as outlined in paragraph 7 of this report.

(d) Further, that Council delegate authority to the Chief Executive Officer to execute all contracts required for the detailed design development phase of the Aquatic & Leisure Centre project.

BACKGROUND

Following Council’s meeting of 26 August 2019, Council Staff have satisfied the resolutions adopted and progressed the Aquatic and Leisure Centre project to the stage where the Main Works DA can be lodged for assessment.

At a Councillor workshop held on 27^th November 2019, Councillor’s were advised that the Aquatic and Leisure Centre cost plan was $83.4 million, $6.4 million over the $77 million capital budget. Post this Councillor workshop, design development has progressed and resulted in the Centre’s cost plan being in-line with the capital budget of $77 million.

No changes have been made to the architectural design that won the design competition. The reduction in the cost plan were achieved in the following areas:

§ Progression of the design facilitated a more accurate cost plan in respect to assumptions made by the Quantity Surveyor;

§ Refinement of assumptions in relation to excavation and bulk earthworks, resulting in less excavation and fill removal;

§ A more efficient and cost effective structural design that supports the roof structure;

§ The design development facilitated more accurate assumptions around the type and quantity of finishes; and,

§ Services consultants were able to complete detailed modelling that resulted in more accurate assessment around plant and equipment specification.

ISSUES/OPTIONS/CONSEQUENCES

1. As highlighted at a Council workshop 17 February 2020 a two-staged DA process was recommended to mitigate a potential program risk relating to the Aboriginal Heritage Impact Permits (AHIP). Councilor Briefing Note attached for your reference.

2. Stage 1: Early Works DA is to be lodged early April, 2020;

3. Stage 2: Main Works DA is to be lodged, pending Council’s consideration of this recommendation;

4. Adopting the two staged approach mitigates program risk in progressing the Aquatic and Leisure Centre project.

CONSULTATION & TIMING

5. The Councilors were consulted via Council workshops on the following dates:

a. 30 October 2019 – Lease Agreement & Agreement for Lease

b. 27 November 2019 – Concept Design Update

c. 17 February 2020 – Early Works DA

d. 26 February 2020 – Concept Design finalisation & Main Works DA

6. Consultation in 2020 has occurred with the following stakeholders:

§ The Design Jury

§ Access Advisory Council

§ Parramatta Park Trust Board

§ Heritage Council

FINANCIAL IMPLICATION FOR COUNCIL

7. Costs associated with the Main Works DA will be funded from the current approved Aquatic and Leisure Centre budget. Council approved a $5 mil budget for the project by resolution on 26 August 2019, to date $1.933 mil has been expended. The Main Works DA costs are itemised below:

Items	Cost	Cost Code
Architectural Fees	$1,073,764.00	C0003684 - 620269
Engineering Fees	$198,600.00	C0003684 - 620285
Aquatic Consultant	$50,000.00	C0003684 - 620281
DA Lodgment Fees	$85,374.00	C0003684 - 620291
Arborist Report	$10,400.00	C0003684 - 620270
Town Planning/CPTED/SEE Fees	$14,400.00	C0003684 - 620286
BCA Assessment Report	$10,800.00	C0003684 - 620285
Biodiversity Report	$5,390.00	C0003684 - 620286
QS Cost Plan	$43,360.00	C0003684 - 620289
Heritage Impact Statement	$21,880.00	C0003684 - 620271
Social Impact Assessment	$7,500.00	C0003684 - 620286
Blow Out Report	$7,950.00	C0003684 - 620285
Landscape Plans	Part of Architect Fees	C0003684 - 620269
Traffic Impact Statement	$15,540.00	C0003684 - 620272
Waste Management Plan	$6,000.00	C0003684 - 620291
Total	$1,550,958.00

8. The funding sources for the project are:

a. NSW State Government $38.5M

b. Property Reserve $29.9M

c. Section 7.11 Contributions $ 8.6M

d. Total Project Funding $77.0M

Eoghan Kavanagh

Development Manager

Alistair Cochrane

Acting Chief Financial Officer

Ian Woodward

Group Manager Legal Services

Bryan Hynes

Director Property Development Group

Brett Newman

Chief Executive Officer

Attachments:

1 ⇩	BN Aquatic & Leisure Centre - Early Works DA	4 Pages
2 ⇩	Architectural Drawings	71 Pages
3 ⇩	Acoustic Report	25 Pages
4 ⇩	Architectural Photomontage	4 Pages
5 ⇩	BCA Report	33 Pages
6 ⇩	Construction Traffic Management Plan	27 Pages
7 ⇩	CPTED Report	32 Pages
8 ⇩	Landscape Drawings	11 Pages
9 ⇩	Landscape Report	12 Pages
10 ⇩	QS Cost Plan	15 Pages
11 ⇩	Social Impact Assessment	28 Pages
12 ⇩	Traffic Impact Assessment	64 Pages
13 ⇩	Design Jury Report	5 Pages
14 ⇩	Heritage Impact Statement	63 Pages
15 ⇩	Statement of Environment Effects Report	50 Pages
16	Stormwater Management Plan (provided separately) (separately enclosed)	74 Pages
17 ⇩	Utilities Report	34 Pages
18 ⇩	Waste Management Report	27 Pages
19 ⇩	Notifications Only	2 Pages
20 ⇩	Statement of Environment (too large to attach, will circulate separately)	628 Pages
21	Stormwater Management Plan & Civil Drawings (provided separately) (separately enclosed)	69 Pages
22 ⇩	Waste Management Plan	27 Pages

REFERENCE MATERIAL

Council 14 April 2020 Item 18.3

INNOVATIVE

ITEM NUMBER 18.3

SUBJECT FOR APPROVAL: Revised Investment Policy April 2020

REFERENCE F2009/00971 - D07326234

REPORT OF Tax and Treasury Accountant

PURPOSE:

To present Council with a revised Investment Policy for approval.

RECOMMENDATION

That Council approve the revised Investment Policy April 2020.

BACKGROUND

1. Council adopted the Current Investment Policy in July 2017. The document was reviewed in 2018 in consultation with CPG Research and advisory, with no change deemed necessary.

2. The Investment Policy provides guidance for the management of Council’s cash and investment portfolio. The Policy applies to all managers and employees who actively manage the Council’s cash and Investments.

3. The policy complies with the Local Government Act (1993), Local Government General Regulation (2005) and all Office of Local Government Circulars and Guidelines.

4. In addition, the Policy incorporates monitoring, reporting and other accounting standard requirements.

ISSUES/OPTIONS/CONSEQUENCES

5. The current policy allows Council to invest up to 50% of the portfolio in BBB/Unrated institutions, which includes credit unions and smaller banks. Despite a slightly higher risk profile, this policy has allowed Council to maximize returns in a low interest environment.

6. Council has consulted with NSW Treasury Corporation (TCorp) concerning eligibility criteria for participation in the TCorp lending initiative.

7. TCorp advised that Council’s current investment policy did not comply with their borrowing guidelines, due to Council exceeding the TCorp limit for BBB-/Unrated investments for both aggregate and Tenor.

8. The revised Investment Policy amendments will ensure that Council reduces its overall risk profile, while also meeting TCorp criteria, should Council wish to borrow money in the future.

CONSULTATION & TIMING

9. The revised Investment Policy April 2020 has been developed in consultation with:

· CPG research & Advisory

· NSW Treasury Corporation

· COP Governance team.

10. NSW Treasury Corporation has confirmed that the revised Investment Policy is compliant with their guidelines including grandfathered investments.

FINANCIAL IMPLICATION FOR COUNCIL

11. A comparison of TCorp allowable investments versus Council’s current policy can be seen in the following tables:

City of Parramatta Current Policy

TCorp Investment Profile table

12. Key changes relating to the above tables include:

· Higher individual Counterparty limits in AA-AAA category from 40% to 100%

· BBB- /unrated decreases from 50% Aggregate to 5%

· BBB & Unrated grouped together for aggregate purposes, now separated by individual rating

· A rated tenor reduces from 5 years to 3 years except for Floating Rate notes

· BBB/unrated tenor reduces from 5 years to 12 months

· Unrated Investments limited to $250k per Counterparty and $1m for BBB.

13. The estimated reduction in interest income resulting from reducing Council’s risk profile is approximately $350k per annum; however, this will be offset and exceeded by loan interest savings in years 1-3 if Council participates in the TCorp loan initiative:

14. Council will comply with TCorp rating limits by September 2020. Approximately $21.5m are historical longer dated term deposits, which exceed the TCorp tenor. TCorp has advised that these investments will be grandfathered and are not required to be redeemed.

15. A summary of other minor policy changes are as follows:

Part	Change	Comment
Part 3 Policy	Add: City of Parramatta is committed to all investments being fully compliant with legislation, ministerial orders, standards and other guidelines issued by national and state government departments	Paragraph added to confirm all Council investments are to comply with ministerial guidelines and standards as referenced in section 22 of the revised policy
Part 4 Delegation	Add: The Chief Executive Officer may in turn sub-delegate these functions	Previously restricted whereby the CEO could only delegate to the CFO or Treasury & Tax Accountant
Part 6 Ethics & Conflicts of Interest	Add: Officers “With Delegated authority”	Previously only contained the word “officers”
Part 8 Prohibited Investments	Add: Investment trusts other than TCorpIM Funds, even where the trusts underlying assets adhere to the Minister’s Order fully	Reconfirms that all trusts are prohibited even if that trust reinvests in investments that would otherwise be accepted under ministerial orders
Part 9 Risk Management Guidelines	Add: Fidelity and Legal Risk – the risk of fraud, non-enforceability of obligations, security or title, or unexpected costs in rectifying contracts	Reflecting the intent of the Minister’s Order
Part 10 Investment advisor	Add: Must operate under a license from Australian and Securities Commission	This wording avoids confusion in a scenario where the advisory license is held in a related operating company, in a group with multiple related entities
Part 16 Credit Quality Limits	Change the portfolio credit guidelines are based on Standard & Poor’s (S&P) long-term ratings system criteria and format. Moody’s and Fitch Ratings may be used where no S&P rating exists. Moody’s ratings are mapped to S&P (e.g. Baa1 to BBB+).	New wording to reflect Corp preferred rating basis being strictly S&P.
Part 17 Counterparty Limits	Refer TCorp table in table in this briefing note	Counterparty table changed to meet TCorp requirements
Part 19 Performance Benchmarks		Denoting that the Ausbond Bank Bill index is the benchmark for all investments (Unchanged from previous policy)
Part 20 Definitions	Bloomberg Ausbond Bank Bill Index	The word “Bloomberg” added to Ausbond Bank Bill index definition. Bloomberg acquired the UBS Australian Bank Bill Index in 2014.
Part 20 Definitions	Grandfathered	Replacement of the clause in the Definitions with the following: Investments held by Council that were previously allowed but are Grandfathered (i.e. eligible to retain but not add to or restructure existing The previous definition was based on grandfathering in the Minister’s Order after 2008. The definition is amended, as the original Order is now largely irrelevant. Grandfathering is much more relevant as it applies to Policy changes. In fact, a material component of the Policy will be transitioned over CY20. This wording makes it clear that there is no reportable compliance breach as at ratification of the new Policy investments) which became ineligible due to regulatory change, any Policy changes, Alternatively, through a rating downgrade.
Part 20 Definitions	add Tenor Remaining period to maturity (a variable, declining period - as opposed to “term” which is set at issue)	Insertion of a definition given the use of tenor in the TCorp policy guidelines.

Bruce MacFarlane

Tax and Treasury Accountant

Jason Peters

Finance Manager Governance, Planning & Analysis

Alistair Cochrane

Acting Chief Financial Officer

Michael Tzimoulas

Executive Director Corporate Services

Brett Newman

Chief Executive Officer

Attachments:

1 ⇩

Revised Draft Investment Policy - April 2020

14 Pages

REFERENCE MATERIAL

Council 14 April 2020 Item 18.4

INNOVATIVE

ITEM NUMBER 18.4

SUBJECT FOR APPROVAL: Minutes of the Heritage Advisory Committee Meeting held on 19 February 2020

REFERENCE F2013/00235 - D07328357

REPORT OF Project Officer Land Use

PURPOSE:

To inform Council of key discussion points from the Heritage Advisory Committee meeting held on 19 February 2020.

RECOMMENDATION

(a) That Council note the minutes of the Heritage Advisory Committee Meeting held on 19 February 2020 provided at Attachment 1.

(b) That Council approve the Heritage Grant recommendations (as outlined in Item 13) on applications for grants from Council’s Local Heritage Fund as follows:

1. to make payment of grants of:

· $522.50 for 70 Ross Street, North Parramatta;

· $1,237.50 for 26 Albert Street, Granville; and

· $3,248 for 28 The Boulevarde, Epping,

2. to refuse a grant application of $1,565.38 from Council’s Local Heritage Fund for 24 Epping Avenue, Eastwood.

(c) Further, that $10,804.41 from the Heritage Grants budget not allocated in round one and two of the Heritage Grants Program be reallocated to other Council priorities as part of the next Quarterly Review of Council’s budget.

BACKGROUND

1. Council’s Heritage Advisory Committee meets every two months. The purpose of the Committee is to advise Council on how better to conserve, promote and manage heritage within the Parramatta Local Government Area (LGA) for current and future generations.

2. Council’s Heritage Advisory Committee met on 19 February 2020. This report summarises key discussion points of that meeting for Council’s information and consideration. The minutes of the meeting are provided at Attachment 1.

ISSUES

3. The items discussed below were considered at the meeting.

Committee membership

4. The Committee operating procedures require the Chair and Deputy Chair positions to be reconsidered at the beginning of each calendar year. Carol Liston was elected as Chairperson and Jeffrey Allen was elected as Deputy Chairperson for 2020.

Foundations day event

5. The City Events and Festival team made a presentation (Item 8) on the 2019 Foundation Day Event and invited feedback from the Committee. The Committee made a number of suggestions, including that the parade be brought back into the festival, Scouts and Guides be involved and that the use of flags and activities be explored as part of the 2020 festival.

Development applications

6. The Committee considered a list of development applications being dealt with by Council’s Heritage Advisor (Item 9) and made comments, as detailed in the minutes, on three applications. The comments as outlined in the minutes have been referred to Council’s Development Assessment Unit for consideration.

Advertisements on heritage buildings

7. The Committee expressed concern (Item 10) with buildings being painted in branded signage and colours. The Committee expressed particular concern with DA/27/2020 for 458 Church Street, Parramatta on an anticipated colour scheme that is inherently commercial in nature. This comment has been referred to Council’s Development Assessment Unit for consideration.

Cultural Heritage and Tourism update

8. An update was provided (Item 11) by Council's Cultural Heritage and Tourism Team on the following matters:

· Telopea – research articles, historical records and artwork relating to Telopea are included on Council’s Archives, Research and Collections (ARC) website, in Council and Community Archives, and in the Cultural Collections.

· Heritage Strategy for Parramatta LGA – a recently held Councillors Workshop supported the strategy in principle and has requested that further discussion should take place on the strategy with the City Strategy and Development Directorate.

· Research and Collection Services Coordinator – Janelle Blucher who has been appointed to this position was introduced to the Committee.

· Council’s ARC website – The Research and Collection Services team has provided feedback to the website developer to finalise design and content.

· Visitor Services: Heritage Festival – Six experiences will be offered in Parramatta to recognise and celebrate heritage and culture through interpretive guided tours and programs.

City Strategy and Development update

9. The Committee was briefed (Item 12) on the following matters:

Planning Proposal for 8 – 14 Great Western Highway, Parramatta

10. This Planning Proposal for a site at 8 – 14 Great Western Highway, Parramatta, in the vicinity of two state significant heritage items, Lennox House and Masonic Centre seeks to increase FSR from 3.5: 1 to 16.42:1 and to increase height from 28 metres to 166 metres (51 storeys). The Planning Proposal is currently under assessment and is expected to be reported to the Local Planning Panel and then Council in the second quarter of 2020. The Committee expressed concern at the increase in height and the effect it may have on adjacent heritage items. The feedback from the Committee will be considered by Council officers in the assessment of this proposal.

St John’s Cathedral/Epping heritage interface areas

11. The Committee was updated on Council’s resolutions regarding the planning proposal for St John’s Cathedral and the Epping heritage interface areas.

Local heritage fund

12. The Committee recommended (Item 13) that Council endorse the following applications for funds from Council’s Local Heritage Fund as they meet the relevant funding criteria set in the Local Heritage Fund Guidelines:

· $522.50 for 70 Ross Street, North Parramatta;

· $1,237.50 for 26 Albert Street, Granville; and

· $3,248 for 28 The Boulevarde, Epping.

13. The Committee also recommended that Council endorse refusal of a grant of $1,565.38 for 24 Epping Avenue, Eastwood as it did not meet funding criteria because it considered the choice of tiles inappropriate and of little heritage value. Council officers had recommended approval of this grant application to the Committee and consider that it enhances the appearance of the verandah, although had concerns with the choice of the tile selection from a heritage viewpoint. Therefore, and on balance, Council officers accept the recommendation of the Committee to refuse the application.

14. The Committee noted that the total of $5,008 to be granted is less than the $12,000 allocated for this assessment period. The balance of $6,992 will be carried through to the next assessment period. After this expenditure, the balance remaining in the fund will be $22,637.75.

General business

15. The Committee requested (Item 14) that Council’s position on including streets and street trees on Council’s heritage list and increasing protection of heritage trees be considered at a future meeting of the Committee. This matter will be included in the agenda for the next meeting of the Committee.

16. The next meeting of the Committee was scheduled for 15 April 2020 but has been postponed. A new meeting date will be scheduled in consultation with Committee members once their ability to access the meeting remotely is determined.

FINANCIAL IMPLICATIONS

17. The report recommends that Council endorse three grants to a total of $5,008 from Council's Local Heritage Fund. A total of $36,250 is available for the fund in financial year 2019/20, including Council's allocation of $30,000 and a grant of $6,250 from Heritage NSW. Council in October 2019 endorsed round one grants valued at $8,354.25, The payment of the recommended round two grants, if endorsed, will leave a balance of $22,887.75 remaining in the fund.

18. Council runs three rounds of Heritage Grant assessments in October, February and April every year. Nominally, each round is allocated $12,083.33 worth of funding. Given that the first two rounds did not expend their allocation of $12,083.33, there is an extra $10,804.41 available for round 3 in April 2020. Normally these funds would be retained in this account in case the value of applications exceeds the $12,083.33 allocated to round 3 of the grant program.

19. However, given the Council’s financial position is changing due to the response required to the Covid19 pandemic it is recommended that the excess $10,804.41 be removed from the budget so it can be allocated to other priorities. This will leave $12,083.34 available to be allocated to round 3 grants in the 2020 financial year which is considered adequate for the heritage fund.

Paul Kennedy

Project Officer Land Use

Robert Cologna

Team Leader Land Use Planning

David Birds

Group Manager, City Planning

Alistair Cochrane

Acting Chief Financial Officer

Jennifer Concato

Executive Director City Strategy & Development

Brett Newman

Chief Executive Officer

Attachments:

1 ⇩

Heritage Advisory Committee Minutes - 19 February 2020

6 Pages

REFERENCE MATERIAL

1 ⇩	Access Advisory Committee Meeting Minutes - 18 February 2020	7 Pages
2 ⇩	Community Wheels Letter 8 January 2020	3 Pages

1 ⇩	Letter Out - Inspection Report - 52 Station Street East Harris Park	5 Pages
2 ⇩	Letter Out - Inspection Report - 26 Grose Street Parramatta	4 Pages
3 ⇩	Letter Out - Inspection Report - 2-8 River Road West Parramatta	4 Pages