NOTICE OF Council MEETING
SUPPLEMENTARY AGENDA A
An Ordinary Meeting of City of Parramatta Council will be held remotely via audio-visual link on Monday 11 May 2020 at 6.30pm.
Brett Newman
CHIEF EXECUTIVE OFFICER
THIS PAGE LEFT BLANK INTENTIONALLY
Council 11 May 2020
TABLE OF CONTENTS
ITEM SUBJECT PAGE NO
19 Notices of Motion
19.1 NOTICE OF MOTION: Advocate for Extension of 401 Bus Route............... 4
19.2 NOTICE OF MOTION: NSW Government’s COVID-19 Act Amendments to the Environmental Planning & Assessment Act 1979....... 6
19.3 NOTICE OF MOTION: NSW Government’s “Planning System Acceleration Program” and related changes No. 1................................... 8
19.4 NOTICE OF MOTION: NSW Government’s “Planning System Acceleration Program” and related changes No. 2.................................. 10
19.5 NOTICE OF MOTION: Parramatta Light Rail......................................... 12
Council 11 May 2020 Item 19.1
SUBJECT NOTICE OF MOTION: Advocate for Extension of 401 Bus Route
REFERENCE F2008/02993 - D07388728
FROM Councillor Prociv
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That, in light of the NSW State Government announcement that Transport for NSW could reprioritise investment into the City’s West, Council explore and advocate for the extension of the 401 bus route which currently operates from Carter Street to Lidcombe Station, to accommodate the public transport needs of the residents of Wentworth Point and Newington.
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BACKGROUND
1. A recent City of Parramatta transport survey of Wentworth Point and Newington residents indicated that the majority of them nominated Lidcombe Station as a preferred public transport destination.
RESPONSE FROM EXECUTIVE DIRECTOR, CITY STRATEGY & DEVELOPMENT
2. Council in response to a resolution in September 2018 has written to the Minister for Transport on increased bus services in this precinct. No response was received. Since this time officers have been advocating for improved bus services in the area resulting in some services being incrementally increased or modified.
3. To support the Council’s advocacy efforts for increased bus services in this precinct a survey was conducted in August 2019 of people who live and work in Wentworth Point and Newington to understand their views on transport in the area. 756 responses were received:
a. The 401 bus service was not included as part of the survey, because it does not currently serve either of those communities. However, over 40% of participants rated the bus coverage in their area as poor or very poor. This group was then asked where they would like to extend bus services to, 53% of Newington residents and 14% of Wentworth Point residents mentioned Lidcombe.
b. The survey also found that about one in three respondents rated the 526 and 525 services poorly—frequency, reliability and coordination with other transport services (such as ferries) were chief concerns. Additionally, respondents called for more frequent and longer hours of operation for the 533 and Baylink Shuttle services.
c. Transport for NSW operates the bridge on-demand bus service for customers travelling between Newington and Lidcombe, however use of this service was lower among survey participants than other bus services.
4. A meeting with senior representatives at Transport for NSW is recommended to share the outcomes of the survey and the need for improved bus services in the precinct.
FINANCIAL AND RESOURCE IMPLICATIONS
5. A meeting can be arranged using existing staff resources.
Councillor Patricia Prociv
Councillor
There are no attachments for this report.
Council 11 May 2020 Item 19.2
SUBJECT NOTICE OF MOTION: NSW Government’s COVID-19 Act Amendments to the Environmental Planning & Assessment Act 1979
REFERENCE F2019/04433 - D07388798
FROM Councillor Bradley
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That Council:
(a) Write to the Minister for Planning and Public Spaces, The Hon Rob Stokes MP and the NSW Premier, Gladys Berejiklian to advise them that we believe that local councils are best placed to make decisions about planning that is appropriate for their local area and constituents, and that planning decisions should be supported by community and be consistent with Ecologically Sustainable Development principles.
(b) Accordingly, will express its concern in the correspondence about the loosely worded COVID-19 Act 2020 amendments to the Environmental Planning and Assessment Act which grant the Minister unprecedented powers to override planning decisions made by local councils. The correspondence should also advise the Minister that these amendments (which allow the Minister “to authorise development to be carried out on land without the need for any approval under the Act or consent from any person”) should not be applied to developments other than hospitals, ICUs, social housing, or other directly COVID-19 related works, using the ambiguity of the wording of clause 10.17(5)(b) allowing Ministerial discretion about which works are "necessary to protect the health, safety and welfare of members of the public".
(c) Therefore, ask the Minister to reconsider the permission granted under this COVID-19 Act to the construction industry to operate every day and potentially late at night, including on public holidays, in light of the growing level of complaints from residents living close to construction works (including those on compulsory work from home and home schooling arrangements) about the detrimental impact on their “health, safety and welfare” due to all week construction disturbances.
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BACKGROUND
1. With the COVID-19 Legislation Amendment (Emergency Measures) Act 2020, the State Government has amended section 10.17 of the Environmental Planning and Assessment Act (EPA Act) to give the Government unprecedented powers to override planning decisions during the COVID-19 pandemic for at least the next 6 to 12 months.
2. Under the legislation, the NSW Minister for Planning and Public Spaces can authorise development to be carried out on land without the need for any approval under the Act or consent from any person.
3. Orders made by the Planning Minister will have effect regardless of any environmental planning instrument or development consent.
4. This means that decisions made by local councils, independent planning panels or even regional planning panels can be overruled by the Planning Minister if he deems this is for “the health, safety and welfare of members of the public”. Is the recent order made under the new COVID-19 Act to extend allowable construction hours to weekends and public holidays really “necessary for the health, safety and welfare of members of the public”? These approvals are not reversed when the pandemic is over.
RESPONSE FROM EXECUTIVE DIRECTOR, CITY STRATEGY & DEVELOPMENT
5. The Notice of Motion is not supported as to date the actions taken to utilise the powers have assisted in the support of the operation of local businesses during the COVID-19 crisis. The changes introduced include:
· allowing retail premises such as supermarkets, pharmacies and corner stores to operate 24 hours per day;
· allowing home businesses to operate 24 hours a day and to employ more than two people other than the permanent residents of the dwelling, but not more than five people;
· extending construction hours on weekends and public holidays;
· allowing food trucks to operate on any land at any time, with the landholder’s permission; and
· allowing ‘dark kitchens’ to be established in any existing commercial kitchen to allow for the preparation of food and meals to be delivered.
FINANCIAL AND RESOURCE IMPLICATIONS
6. The preparation and making of a submission can be carried out using existing staff resources.
Councillor Phil Bradley
Councillor
There are no attachments for this report.
Council 11 May 2020 Item 19.3
SUBJECT NOTICE OF MOTION: NSW Government’s “Planning System Acceleration Program” and related changes No. 1
REFERENCE F2019/04433 - D07388805
FROM Councillor Bradley
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That Council:
(a) Seek assurances from the Minister for Planning and Public Spaces, Rob Stokes MP, that Council’s ability to conduct due diligence in line with community expectations and Ecologically Sustainable Development principles will not be impeded by the recently announced Planning System Acceleration Program to fast-track assessments of State Significant Developments, rezoning and development applications (DAs).
(b) Advise the Planning Minister that in order to ensure community confidence in the Program, a plan to promote a high level of community engagement must be included in the additional support the Minister promised to provide to councils and planning panels to fast-track locally and regionally significant DAs.
(c) Seek confirmation from the Planning Minister that Planning Proposals for amendments to Local Environment Plans (LEPs) currently in progress and/or already before the Department of Planning are to be finalised before the approvals of “any expanded list of works that may be carried out without the need for planning approval or under the fast-tracked complying development pathway.”
(d) Alert the Planning Minister that many of the proposals included in Urban Taskforce Australia’s list of 76 so-called ‘shovel-ready’ projects that “are caught up in any area of the planning system” have already been refused by local councils and/or Local or Regional Planning Panels for valid planning, social or environmental reasons or because of insufficiency of community infrastructure funding needed to maintain liveability standards for the resulting population growth, particularly in targeted population growth areas like in the City of Parramatta LGA.
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BACKGROUND
1. The NSW Treasurer and Minister for Planning and Public Spaces issued a media release on 3 April 2020 foreshadowing further changes to the Environment Planning and Assessment Act 1979 in order to fast-track development.
https://www.planning.nsw.gov.au/News/2020/Jobs-boost-through-fast-tracked-planning-system
RESPONSE FROM EXECUTIVE DIRECTOR, CITY STRATEGY & DEVELOPMENT
2. The Notice of Motion is not supported.
3. On 28 April 2020 the Minister for Planning issued details of the NSW Government’s Planning System Acceleration Program to fast-track the assessment of State Significant Developments, development applications (DAs) and rezoning proposals. Related guidance issued by the Department of Planning, Industry and Environment (DPIE) sets out criteria to be used to determine the best approach for DPIE to prioritise its resources to assess ‘job ready’ projects through the planning system, including development applications and planning proposals. The criteria are focused on jobs, public benefit and, for DAs the ability for a project to commence in 6 months and for Planning Proposals for the project to proceed to a DA in six months.
4. The Government also announced the first 24 projects to which the process will apply. None of the projects involved are located within the City of Parramatta Council local government area.
5. The Government has also invited Councils to nominate other projects to which this process of resource allocation and prioritisation should be applied.
6. The intention to apply DPIE resources to projects that will support local communities and their economies during COVID-19 recovery is consistent with Council’s request that DPIE acts to expedite approving the Parramatta CBD Planning Proposal for exhibition.
FINANCIAL AND RESOURCE IMPLICATIONS
7. Any submission to be made to the Minister for Planning and Public Spaces can be prepared and submitted using existing staff resources.
Councillor Phil Bradley
Councillor
There are no attachments for this report.
Council 11 May 2020 Item 19.4
SUBJECT NOTICE OF MOTION: NSW Government’s “Planning System Acceleration Program” and related changes No. 2
REFERENCE F2019/04433 - D07388809
FROM Councillor Bradley
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That Council:
(a) Advise the Minister for Planning and Public Spaces that the Department of Planning’s directive to councils to no longer publish development applications in local newspapers will disadvantage the elderly and residents who do not have access to the internet. The subsequent advertising loss of revenue will likely also undermine the viability of local newspapers, many of which are already struggling to survive. Also that this directive should only apply for the duration of the pandemic or 6 months, whichever is shorter, and after which it should be voluntary.
(b) Advise the Minister for Planning and Public Spaces that the Department of Planning’s temporary directive to councils that certain documents related to development proposals/applications will no longer be required for physical inspection in their offices disadvantages residents who do not have access to computers and could lead to copyright issues with architects/developers regarding the electronic publication of certain plans.
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BACKGROUND
1. There was no background provided for this Notice of Motion.
RESPONSE FROM EXECUTIVE DIRECTOR, CITY STRATEGY & DEVELOPMENT
2. The Notice of Motion is not supported.
3. On 17 April 2020 the NSW Government amended the Environmental Planning and Assessment Regulation 2000 to remove the mandatory requirements for advertisements in local newspapers of matters relating to development applications and strategic policy matters such as draft Development Control Plans and Contributions Plans.
4. Since the change came into effect Council has been following the new arrangement. The information that would normally be included in newspaper advertisements is being provided on Council’s website.
5. Notifications to adjoining landowners of a nearby development application will continue. Should landowners have difficulties accessing Council’s website they are able to contact the relevant Council officer to obtain the information.
FINANCIAL AND RESOURCE IMPLICATIONS
6. Not advertising in the local newspapers for development applications could result in a net saving of approximately $70,000 to Council each financial year, primarily arising from no longer publishing a list of decisions made on development applications. While there would also be some staff time savings, staff time would still be required to prepare information to be published on Council’s website. Savings would also be shared with applicants who would not be charged advertising fees as part of the development application process.
7. Based on current advertising costs should Council choose to advertise in regional papers instead, the cost of advertising in the Sydney Morning Herald would currently be comparable to that of the Parramatta Advertiser however the cost associated with advertising in the Daily Telegraph would be close to 60% greater.
Councillor Phil Bradley
Councillor
There are no attachments for this report.
Council 11 May 2020 Item 19.5
SUBJECT NOTICE OF MOTION: Parramatta Light Rail
REFERENCE F2019/04433 - D07389022
FROM Councillor Davis
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That the CEO and Lord Mayor write to the State Minister for Planning, State Minister for Transport and Deputy Secretary, Greater Western Sydney, Transport for NSW, requesting:
(a) that detailed design drawings of the entire Parramatta Light Rail corridor, including the width, be made publicly available by the end of May 2020;
(b) that City of Parramatta Council and the public be informed of what measures are being taken to preserve heritage components of buildings, such as pressed metal ceilings, fireplaces, window and door frames (as appropriate), that have been identified for demolition as a result of the construction of Parramatta Light Rail;
(c) that an archival pictorial record of all buildings be produced;
(d) that City of Parramatta Council and the public be provided with details of all trees identified for removal as a result of the construction of the Parramatta Light Rail; and
(e) further, that City of Parramatta Council and the public be provided with details of all trees identified for relocation as a result of the construction of the Parramatta Light Rail along with details of the proposed relocation sites for these trees.
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BACKGROUND
1. No background was provided for this Notice of Motion
RESPONSE FROM EXECUTIVE DIRECTOR, CITY STRATEGY & DEVELOPMENT
2. Staff have discussed the matters within the Notice of Motion with Transport for NSW (TfNSW) and Parramatta Connect (main infrastructure contractor).
3. The Critical State Significant Infrastructure (CSSI) approval issued by the Department of Planning, Infrastructure and Environment contains conditions related to heritage archival recording and salvage. The CSSI approval also includes a number of conditions related to tree removal and retention, including the appointment by TfNSW of a Project Independent Arborist, preparation of a tree register and preparation of a tree offset strategy.
4. Specific responses to the five items of the Notice of Motion:
a. Item One. Detailed design drawings of the Parramatta Light Rail corridor, including the width of the corridor, were included in the Urban Design Requirements “Blue Book” as an Annexure to the Development Agreement agreed between TfNSW and CoPC on 28 March 2018. It is noted that the Urban Design Blue Book does not provide details of track and surrounding levels, materials and the like, as these were not known at the time of its preparation. However, Council officers and TfNSW have no objection to the Blue Book being placed on the Council’s website for the community, as it does demonstrate the route location and relationship to adjoining land.
b. Items two and three. A photographic archival report is being produced, and the Council has a role in examining heritage material from the demolition of the Royal Oak Hotel, and determining material which could be reused, or interpreted in a Council project, or otherwise recycled. Parramatta Connect have noted an archaeologist will be on site during demolition, in the case of unexpected finds, and have offered to work with the Council to enable demolition material from the Royal Oak Hotel to be examined by Council staff. Staff have accepted this offer. It is reasonable for this information to be released publicly.
c. Parts four and five. Council officers note that the tree offset strategy is in draft form and not finalised. In the interim the CSSI approval requires Parramatta Connect to utilise the services of the Project Independent Arborist to determine whether trees must be removed, whether they can be retained, or transplanted. These details are kept in a tree register. It would be reasonable for the final tree offset strategy to be released on the TfNSW website and for the tree register to be updated regularly and a summary placed on the TfNSW website.
5. It is recommended the letter is written to the Minister for Transport and Deputy Secretary, Greater Western Sydney, Transport for NSW (not the Minister for Planning) and the letter focus on items 2-5 of the Notice of Motion.
FINANCIAL AND RESOURCE IMPLICATIONS
6. Archival recording and salvage (with inspection by the Council) of heritage item building components and archaeological finds is at the full cost of TfNSW and their contractor Parramatta Connect. Reuse of material within the Project is at the cost of TfNSW. Reuse or interpretation of material outside the Project area, by the Council, is at the cost of the Council. There is no specific Council budget for this.
7. The Council has staff resources available to inspect salvage items, however there is limited room at the Council’s operations centre and depots for bulk storage of heritage building materials.
Councillor Donna Davis
Councillor