Agenda of Council - 9 June 2020

MINUTES OF THE Meeting of City of Parramatta Council HELD REMOTELY VIA AUDIO-VISUAL LINK ON Monday, 11 May 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, Phil Bradley, Donna Davis, Pierre Esber, Michelle Garrard (Deputy Lord Mayor), Steven Issa, Andrew Jefferies, Sameer Pandey, Dr Patricia Prociv, Bill Tyrrell, Andrew Wilson, Lorraine Wearne and Martin Zaiter.

1. OPENING MEETING

The Lord Mayor, Councillor Bob Dwyer, opened the meeting at 6.37pm.

2. ACKNOWLEDGEMENT OF THE TRADITIONAL LAND OWNERS

The Lord Mayor, Councillor Bob 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 Bob 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.

4. OTHER RECORDING OF MEETING ANOUNCEMENT

The Lord Mayor advised members of the public that the meeting was being held remotely and if persons watching the meeting live were to encounter technical difficulties to leave and re-enter the meeting via Council’s website.

5. CONFIRMATION OF MINUTES

SUBJECT: Minutes of the Council Meeting held on 14 April 2020

2714

RESOLVED (Esber/Tyrrell)

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

6. APOLOGIES/REQUESTS FOR LEAVE OF ABSENCE

There were no apologies or requests for leave of absence made at this meeting.

7. DECLARATIONS OF INTEREST

Councillor Barrak declared a non-pecuniary but significant interest in Item 18.8 being Post Exhibition - Draft Development Control Plan and Matters Pertaining to Planning Agreement - 14-20 Parkes Street, Harris Park as a company he is a Director of owns property on Wigram Street. He retired from the meeting prior to debate and voting on the matter.

8. MATTERS OF URGENCY (if any)

There were no matters of urgency raised at this meeting.

9. Minutes of the Lord Mayor

9.1

SUBJECT Resignation of Councillor Paul Han

REFERENCE F2019/03630 - D07409822

REPORT OF Lord Mayor, Councillor Bob Dwyer

2715

RESOLVED (Dwyer/Barrak)

That Council formally acknowledge the resignation of Councillor Paul Han, effective from 30 April 2020, and thank him for his service.

9.2

SUBJECT National Sorry Day and National Reconciliation Week 2020

REFERENCE F2019/03630 - D07409859

REPORT OF Lord Mayor, Councillor Bob Dwyer

2716

RESOLVED (Dwyer/Bradley)

(a) That Council note that National Sorry Day is on 26 May, held each year to recognise and commemorate members of the Stolen Generations, and recognise its significance to the first nation and people of Australia.

(b) Further, that Council recognise that National Reconciliation Week 2020 is from 27 May to 3 June 2020, with this year’s theme of ‘In this together’ signifying that the journey of Reconciliation is one for all Australians.

10. Public Forum

10.1

SUBJECT PUBLIC FORUM: Item 18.2 - Proposed Amendment to the Homebush Bay West DCP 2013 and Planning Agreement for Block H

REFERENCE RZ/27/2016 – D07407434

FROM Rick Graf

Dear Lord Mayor and Councillors, the Billbergia team wish to address you in relation to Item 18.2 - Proposed Amendment to the Homebush Bay West DCP 2013 and Planning Agreement for Block H, for public exhibition.

Our focus is on three things:

· the Design Excellence process,

· the public benefits to be delivered via the Voluntary Planning Agreement, and

· the substantial transport improvements that support the final stage of Billbergia’s Award-winning Wentworth Point town centre development.

The detailed VPA for consideration tonight, has been scrutinized by Council’s Land Use Team, to ensure the full value and benefit of the offer is focussed on community needs in Wentworth Point. It includes:

- Hill Road/Bennelong Parkway, major intersection upgrade and traffic lights. This work is vital, the intersection is dangerous, and the most talked about concern in the Wentworth Point community.

- Open space. The winning Design Excellence competition scheme, increases the public park from 1.6Ha, TO OVER 2.5Ha of open space and will provide the key activities and embellishment for the community.

Other essential social infrastructure elements of the VPA include:

- Library Funding

- A Childcare Centre

- Council Maintenance Fund

- Baylink Shuttle Buses

- Waterfront recreation facility.

In terms of traffic and transport, we note that Council’s resolution from two years ago restricted application for Scenario two, until commitments from the State Government to Metro West and Parramatta Light Rail (Stage 2), or other transport improvements.

The good news is that there have been six (6) major traffic and transport improvements over the past two years that include:

1. Metro West Committed:

The State Government has confirmed the route for Metro West and on 8 April 2020 called tenders for the tunnelling, with the start of construction confirmed by the end of this year.

2. State Transit Buses:

Both the Government’s 526 & 533 routes have been upgraded and provide a 7-day service, with additional high frequency weekday peak commuter service.

3. Billbergia’s Free Shuttle Buses:

Passenger surveys from the early trial of the Baylink Shuttle, reported a 15% mode shift away from private car trips - transforming the peak hour commuter traffic patterns in the area.

The fleet has subsequently been upgraded to include 4 full size 12.5m buses and an additional express service added at peak times. Patronage now averages 25,000 trips per week, and has reached more than 2.7 million total passenger trips since the service was introduced.

4. WestConnex Opened:

The opening of WestConnex from Haberfield on 12 July 2019, has revolutionised traffic access and substantially improved travel times to and from Wentworth Point, and includes the Hill Road on ramp.

5. Increased Rail Services on T9 Northern Line at Rhodes

In 2019, Sydney Trains increased to 8 trains per hour at peak times and upgraded to all 8-car trains. This has resulted in a 60% capacity increase in peak services through Rhodes for Wentworth Point customers using bus connections across Bennelong Bridge.

6. Traffic Intersection Improvements

Billbergia’s long proposed reconfiguration of the Hill Road & Bennelong Parkway intersection with traffic lights, will greatly improve safety, access and traffic flows to Wentworth Point.

Priority Projects for NSW Covid Response

At a broader level the NSW Treasurer, has issued criteria to identify ‘shovel ready’ projects for prioritisation through the assessment process of the planning system:

· jobs–do projects create jobs?

· timing–can the assessment and determination of the project be completed quickly, and can the project commence (for Das) or proceed to DA (for planning proposals) within 6 months?

· public benefits–can the project deliver, or be a stimulus for the delivery of, public benefit?

In summary, Billbergia has worked closely with the community for over 12 years at Wentworth Point and delivered vital community infrastructure. The $70m offer represents almost double the value of VPA share for the floor space in the proposal, and delivers great value for the Council and the Community alike.

As public transport is now satisfactorily improved by the measures outlined above, we strongly recommend that Council move forward with public exhibition of Scenario 2 to secure the full $70M value of VPA, and remove the staging caveat in the DCP amendment to realise the FULL benefit for the entire Wentworth Point community.

STAFF RESPONSE

The submission is noted. The subject report is not seeking Council to choose a scenario in the draft DCP, but rather to place on public exhibition controls that requires certain transport infrastructure prior to achieving 85,000sqm of residential GFA (described as scenario 2). Should this transport infrastructure not be delivered only 54,356sqm of residential GFA (scenario 1) would progress. It is imperative that Council consult with Transport for New South Wales to confirm that the Parramatta Light Rail Stage 2 and Metro West are required and the nature of the trigger, and/or whatever alternative arrangements would need to be provided to accommodate the increase in density from scenario 1 to scenario 2.

11. Petitions

There were no petitions tabled at this meeting.

12. Rescission Motions

Nil

Procedural Motion

2717

RESOLVED (Tyrrell/Garrard)

That Items 13.1, 14.1, 14.2, 14.5, 18.1 and 19.1 be resolved en bloc and the recommendations be adopted.

13. Fair

13.1

SUBJECT FOR NOTATION: Investment Report for March 2020

REFERENCE F2009/00971 - D07361823

REPORT OF Tax and Treasury Accountant

2718

RESOLVED (Tyrrell/Garrard)

That Council note the Investment Report for March 2020.

13.2

SUBJECT FOR APPROVAL: Response to Notice of Motion - Use of Sporting Fields in the Local Government Area

REFERENCE F2004/07337 - D07322482

REPORT OF Recreation Facilities & Programs Manager

MOTION (Tyrrell/Garrard)

(a) That Council work with authorised, organised users of Doyle Ground and other similar sportsgrounds in the Local Government Area (LGA), through the seasonal hirers’ workshop and other regular communication channels to encourage the reporting of unauthorised, organised use of Council parks.

(b) That Council undertake proactive patrols at Doyle Ground and other similar sportsgrounds which are subject to unauthorised, organised use for an extended period of time, until there is a significant increase in the levels of compliance and reduction in the unlawful use of Council’s parks.

(c) Further, that Council undertake a review of signage in Council’s parks to ensure any regulatory action is enforceable under the Local Government Act 1993.

AMENDMENT (Esber/Wilson)

That this matter be deferred for one month for consideration at a Councillor Workshop.

The amendment moved by Councillor Esber and seconded by Councillor Wilson on being put was declared CARRIED.

The amendment then became the motion.

The motion moved by Councillor Esber and seconded by Councillor Wilson on being put was declared CARRIED.

2719

RESOLVED (Esber/Wilson)

That this matter be deferred for one month for consideration at a Councillor Workshop.

13.3

SUBJECT FOR APPROVAL: Response to Notice of Motion - Cost of Printing Council Business Papers

REFERENCE F2019/04433 - D07354656

REPORT OF Governance Manager

MOTION (Prociv/Wearne)

That no further action be taken.

AMENDMENT (Issa/Jeffries)

That there be no hard copy business papers.

The amendment moved by Councillor Issa and seconded by Councillor Jeffries on being put was declared LOST.

The motion moved by Councillor Prociv and seconded by Councillor Wearne was on being put was declared CARRIED.

2720

RESOLVED (Prociv/Wearne)

That no further action be taken.

14. Accessible

14.1

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

REFERENCE F2009/00431 - D07250465

REPORT OF Group Manager - Development and Traffic Services

2721

RESOLVED (Tyrrell/Garrard)

That the report be received and noted.

14.2

SUBJECT FOR APPROVAL: Minutes of the Parramatta Traffic Committee Meeting held on 26 March 2020

REFERENCE F2020/00082 - D07249545

REPORT OF Traffic and Transport Manager

2722

RESOLVED (Tyrrell/Garrard)

(a) That Council note the minutes of the Parramatta Traffic Committee meeting held on 26 March 2020, as provided at Attachment 1.

(b) Further, that Council approve the recommendations of the Parramatta Traffic Committee meeting held on 26 March 2020 provided at Attachment 1 and in this report, noting the following financial implications for each item.

i. ITEM 2003 A1 – INTERSECTION OF BETTINGTON ROAD AND YORK STREET, OATLANDS – PROPOSED ROUNDABOUT

The draft cost estimate for the proposed roundabout in Bettington Road at York Street, Oatlands is $323,000 to be funded 100% by Council as outlined in the report.

ii. ITEM 2003 A2 – THREE BRIDGES RUN 2020 ALONG PARRAMATTA VALLEY CYCLEWAY

There is no financial implication to Council as the proposed traffic management is to be implemented by the organiser of the Three Bridges Run 2020.

iii. ITEM 2003 A3 – WIGRAM STREET, HARRIS PARK - SYDNEY CURRY FAIR STREET FESTIVAL ON SATURDAY 18 JULY 2020

The proposed Event is to be delivered by Little India Harris Park Business Association. The Event Organiser has lodged an application to Council for a Community Event Grant of $10,000. The outcome of the application is not yet determined.

14.3

SUBJECT FOR APPROVAL: Minutes of the Traffic Engineering Advisory Group Meeting held on 26 March 2020

REFERENCE F2020/00077 - D07249552

REPORT OF Traffic and Transport Manager

2723

RESOLVED (Esber/Tyrrell)

(a) That Council note the minutes of the Traffic Engineering Advisory Group meeting held on 26 March 2020, provided at Attachment 1.

(b) That Council approve the recommendations of the Traffic Engineering Advisory Group meeting held on 26 March 2020 provided at Attachment 1 and in this report, noting the following financial implications for each item.

i. ITEM 2003 B2 – REVIEW OF RESIDENT PARKING SCHEME AREA BOUNDARY PARRAMATTA (AREA 14)

The proposal to remove 76-80 Pemberton Street or 127 Pennant Street, Parramatta from the Resident Parking Scheme for the purpose of issuing new permits would not involve any changes to parking restrictions. Accordingly, this matter has no direct financial impact upon Council's budget.

ii. ITEM 2003 B3 - PROJECT LISTS INCLUDING AN UPDATE ON PROJECTS FOR 2019/20

There is no financial implication to Council as a result of this recommendation.

iii. ITEM 2003 B4 – OUTSTANDING WORKS INSTRUCTIONS

RMS Block Grant funds for 2019/20 have been used for these works.

(c) Further, that Item 2003 B1 – Request for Nine Car Share Spaces in Harris Park, Westmead and Epping be deferred for a report back to Council to provide advice on the current commercial market value of car spaces in the Parramatta Local Government Area.

14.4

SUBJECT FOR APPROVAL: Proposed changes to the Community Engagement Strategy for the notification of development applications

REFERENCE F2016/03461 - D07342887

REPORT OF Strategic Business Manager

2724

RESOLVED (Pandey/Davis)

That this matter be deferred for consideration at a Councillor Workshop.

14.5

SUBJECT FOR APPROVAL: Epping to Carlingford Cycleway (Deferred Item)

REFERENCE F2017/01529 - D07375707

REPORT OF Senior Project Officer Transport Planning

2725

RESOLVED (Tyrrell/Garrard)

(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) That Council note the significantly reduced scope of works for the Cycleway from the original proposal provided at Attachment 6.

(d) That Council approve the scope of works as summarised 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 use path on the southern side of Bridge Street between High Street and Wyralla Avenue, Epping, and between Pennant Parade and Barellan Avenue, Carlingford. All efforts shall be undertaken at every stage of the project to ensure there are minimal impacts on existing street trees on, and adjacent to Bridge Street.

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

e. Install a pedestrian/cyclist refuge island in Midson Road near Wyralla Avenue, Epping.

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.

g. Review the existing Evans Road and Pennant Hills Road refuge island to identify potential short-term safety improvements, and advocate for the prioritisation of traffic lights at this intersection as a result of existing and future development in the area.

h. Identify longer-term walking and cycling improvements to be incorporated into future planning and design of the Carlingford Precinct to improve the connections from the Parramatta Light Rail Active Transport Link to the Epping to Carlingford Cycleway.

i. Any remaining grant funds for the cycleway to be focussed on improving the connections along Epping Road to Pembroke Street, to connect onwards to the Ryde regional cycleway.

(e) Further, that Council note the project is wholly grant funded, with $2.5M of funding from Transport for NSW, and $1M of funding from the State Government’s Stronger Communities Fund.

15. Green

Nil

16. Welcoming

Nil

17. Thriving

17.1

SUBJECT FOR APPROVAL: Concept Design for Charles Street Square Parramatta

REFERENCE F2019/02851 - D07353040

REPORT OF Team Leader City Transformation

2726

RESOLVED (Esber/Tyrrell)

(a) That Council note the feedback and submissions made during the public exhibition of the draft concept design for Charles Street Square.

(b) Further, that Council approve the concept design, including minor amendments in response to feedback and submissions as shown in Attachment 4 for progression to detailed design, planning and technical approvals, and documentation for tender.

18. Innovative

18.1

SUBJECT FOR APPROVAL: Minutes of the Smart City Advisory Committee Meeting held on 27 February 2020

REFERENCE F2017/00685 - D07321680

REPORT OF Senior Strategic PO Future City

2727

RESOLVED (Tyrrell/Garrard)

(a) That Council note the minutes (provided at Attachment 1) of the Smart City Advisory Committee meeting held on 27 February 2020.

(b) That Council officers initiate a Request for Quotation to evaluate online parking applications prior to implementation.

(c) Further, that Council approve the Digital Services Transformation Strategy (provided at Attachment 2) and proceed with its implementation, as a priority, within the limitations of current resources.

18.2

SUBJECT FOR APPROVAL: Proposed Amendment to the Homebush Bay West DCP 2013 and Planning Agreement for Block H, 16 Burroway Road and part 5 Footbridge Boulevard, Wentworth Point for public exhibition

REFERENCE RZ/27/2016 - D07123388

REPORT OF Senior Project Officer Land Use Planning

2728

RESOLVED (Issa/Prociv)

(a) That Council endorse draft amendments to the Homebush Bay West Development Control Plan (DCP) 2004 (provided at Attachment 2) that have been prepared in response to Council’s resolution on 28 May 2018 and the Phase 2 Design Excellence Competition for the purposes of public exhibition in order to accommodate a:

i) Maximum of 54,356m² of residential GFA and 40 storeys plus architectural articulation storeys under Scenario 1

ii) Maximum of 85,000m² of residential GFA and 50 storeys plus architectural articulation storeys under Scenario 2.

(b) That Council endorse the drafting of a Planning Agreement to reflect the following items identified in Table 4 including associated drafting commentary provided in Attachment 1, with the exception of the proposed Water Recreation Facility:

i) Bennelong Parkway/Hill Road intersection upgrade works,

ii) Community Centre and Library Fit-Out reimbursement,

iii) Childcare Centre (75 place) and public pavilion,

iv) Embellishment of additional open space,

v) Shuttle bus service,

vi) Water Recreation Facility or Indoor Multi-purpose courts (refer to recommendation (c) below), and

vii) Community Infrastructure Maintenance and Operational Fund

(c) That during the public exhibition, Council seeks community feedback on the following alternative options for inclusion in the Planning Agreement in accordance with the parameters provided in Attachment 1:

i) Indoor multi-purpose courts; or

ii) A water recreation facility; or

iii) Any other recreation facility.

(d) That the draft DCP and Planning Agreement be placed on public exhibition concurrently for a period of 28 days and that a report be provided to Council on the outcomes of the public exhibition.

(e) That Council delegate authority to the Chief Executive Officer to negotiate and determine the specific terms around the delivery of the proposed Planning Agreement items in accordance with Council’s Planning Agreements Policy (2018) and as detailed in Attachment 1 including but not limited to staging, delivery, security and indexing prior to the Planning Agreement being placed on public exhibition.

(f) Further, that Council delegate authority to the Chief Executive Officer to correct any anomalies of a minor or non-policy nature that may arise during the preparation of the Planning Agreement or the draft DCP.

DIVISION A division was called, the result being:-

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

NOES: Councillor Barrak

18.3

SUBJECT FOR APPROVAL: Matters relating to Planning Proposal and draft Planning Agreement - 295 Church Street, Parramatta

REFERENCE RZ/14/2014 - D07251589

REPORT OF Acting Team Leader Land Use Planning

2729

RESOLVED (Esber/Tyrrell)

(a) That Council note:

i. the correspondence from the Minister for Planning and Public Spaces, the Department of Planning, Industry and Environment (DPIE) and the Applicant attached to this report;

ii. that the Planning Proposal does not contain a boarding house proposal; and

iii. that the forthcoming public exhibition of planning policies related to affordable rental housing indicated by the Minister will present an opportunity for Council to make a formal submission on this matter.

(b) That Council endorse the Planning Proposal for finalisation, noting that the Proposal seeks to:

i. Increase the height of buildings from 12 metres to part 12 metres for the front of the site and part 150 metres for the remainder of the site (plus design excellence bonus); and

ii. Increase the maximum floor space ratio from 3:1 to 10:1 (plus design excellence bonus).

(c) That Council approve the amendments to the draft Planning Agreement which require the payment of 75% of the payment before the issue of the first Construction Certificate and 25% of the payment before the issue of an Occupation Certificate (or registration of a strata plan, whichever is earlier) and note that these amendments are consistent with Council’s Planning Agreements Policy.

(d) That Council:

i. endorse the concurrent public exhibition of the amended draft Planning Agreement and draft Development Control Plan (DCP) (the latter of which was endorsed by Council on 12 December 2019); and

ii. note that the outcomes of the exhibition of these two documents will be reported to Council.

(e) That Council forward the Planning Proposal to the DPIE to prepare for finalisation, but request that the final notification on the relevant Government website only be undertaken once:

i. Council confirms that the Planning Agreement has been signed and entered into; and

ii. The site-specific DCP has been publicly exhibited and endorsed by Council.

(f) Further, that Council officers prepare a submission on the forthcoming exhibition of planning policies relating to affordable housing foreshadowed by the Minister for Planning and Public Spaces. This submission should:

i. be informed by an analysis of the potential infrastructure impacts of these provisions which is based on monitoring development proposals that respond to the provisions of the Parramatta CBD Planning Proposal and the State Environmental Planning Policy (Affordable Rental Housing) 2009 bonus provisions for boarding houses, and

ii. subject to the analysis confirming the infrastructure impacts, it should make a request that the bonus provisions for boarding house proposals in State Environmental Planning Policy (Affordable Rental Housing) 2009 not be applied in the Parramatta CBD.

DIVISION A division was called, the result being:-

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

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

18.4

SUBJECT FOR APPROVAL: Draft Development Control Plan and draft Planning Agreement for land at 235 - 237 Marsden Road, Carlingford

REFERENCE RZ/25/2016 - D07322428

REPORT OF Project Officer Land Use

2730

RESOLVED (Wearne/Davis)

That Council defer this matter for staff to investigate including provisions within the site specific DCP, relative to the nature and form of the height of the buildings and with a method of achieving the heights whilst building development that is compatible with the low density development of the surrounding area.

DIVISION A division was called, the result being:-

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

NOES: Councillors Barrak and Dwyer

18.5

SUBJECT FOR APPROVAL: Planning Proposal and draft Development Control Plan for land at 197 and 207 Church Street and 89 Marsden Street, Parramatta

REFERENCE RZ/4/2015 - D07358670

REPORT OF Project Officer Land Use

MOTION (Esber/Zaiter)

(a) That Council endorse the Planning Proposal for 197 and 207 Church Street and 89 Marsden Street, Parramatta for the purposes of public exhibition (included as Attachment 1), subject to the following amendments:

· Apply an FSR of 10:1

· Apply a height of part 105m part 12m;

· Include provisions that require a minimum 1:1 commercial floor space be provided in any redevelopment and allow for unlimited commercial floor space to be provided;

· apply the full range of car parking rates specified in the current draft Parramatta CBD Planning Proposal; and

· ensure it reflects the amendments requested by the Gateway Determination conditions excluding those described in (b) below.

(b) That Council request that amendments be made to the Gateway Determination to ensure that:

· The requirement to consult with relevant aeronautical agencies prior to exhibition is no longer required;

· It is clear that the clause implementing the solar access protections requested in the Gateway conditions has already been implemented via a separate Planning Proposal. No further amendments are proposed to be made to the solar access clause notwithstanding some changes may be required to the height of buildings map; and

· The requirement for a satisfactory arrangements clause seeking contributions to fund state provided public infrastructure be removed.

(c) That Council endorse the draft Development Control Plan (DCP) at Attachment 2 for public exhibition, subject to amendments contained in Attachment 5 of this report and inclusion of an additional DCP control requiring that any residential tower fronting Marsden Street on this site must be setback 6m from the Marsden Street boundary tower setback.

(d) That delegated authority be given to the Chief Executive Officer (CEO) to negotiate and endorse for exhibition a draft Planning Agreement that takes into consideration the Applicant’s letter of offer (Attachment 6) and the following negotiating position:

· consistent with Council’s Planning Agreements Policy and draft framework relating to Community Infrastructure in the Parramatta CBD;

· require any contribution payable to be based on the Community Infrastructure policy in place at the time the contribution is paid rather than the current rate;

· secure a 2m right of public access over the 2m ground floor setback along Marsden Street.

(e) That Council grant delegated authority to the CEO to correct any minor anomalies to the Planning Proposal and draft DCP that may arise during the amendment process.

(f) That Council no longer require an international design competition to be run for the subject site.

(g) Further, that the Planning Proposal, draft DCP and draft Planning Agreement be publicly exhibited concurrently and the outcome of the public exhibition be reported back to Council.

AMENDMENT (Bradley)

· Apply an FSR of 10:1

· Apply a height of part 105m part 12m;

· Include provisions that require a minimum 1:1 commercial floor space be provided in any redevelopment and allow for unlimited commercial floor space to be provided;

· apply the full range of car parking rates specified in the current draft Parramatta CBD Planning Proposal; and

· ensure it reflects the amendments requested by the Gateway Determination conditions excluding those described in (b) below.

(b) That Council request that amendments be made to the Gateway Determination to ensure that:

· The requirement to consult with relevant aeronautical agencies prior to exhibition is no longer required;

(c) That Council endorse the draft Development Control Plan (DCP) at Attachment 2 for public exhibition, subject to amendments contained in Attachment 5 of this report.

· consistent with Council’s Planning Agreements Policy and draft framework relating to Community Infrastructure in the Parramatta CBD;

· require any contribution payable to be based on the Community Infrastructure policy in place at the time the contribution is paid rather than the current rate;

· secure a 2m right of public access over the 2m ground floor setback along Marsden Street.

(e) That Council grant delegated authority to the CEO to correct any minor anomalies to the Planning Proposal and draft DCP that may arise during the amendment process.

(f) That Council no longer require an international design competition to be run for the subject site.

(g) Further, that the Planning Proposal, draft DCP and draft Planning Agreement be publicly exhibited concurrently and the outcome of the public exhibition be reported back to Council.

The amendment moved by Councillor Bradley lapsed without a seconder.

The motion moved by Council Esber and seconded by Councillor Zaiter on being put was declared CARRIED.

2731

RESOLVED (Esber/Zaiter)