Agenda of Council - Monday, 10 August 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, 27 July 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 (6:39pm), Phil Bradley (6:57pm), Donna Davis, Pierre Esber, Michelle Garrard (Deputy Lord Mayor), Steven Issa (6:48pm), 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 6:30pm.

2. ACKNOWLEDGEMENT OF THE TRADITIONAL LAND OWNERS

The Lord Mayor, 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, 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

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.

5. CONFIRMATION OF MINUTES

SUBJECT: Minutes of the Council Meeting held on 13 July 2020

2831

RESOLVED (Pandey/Esber)

That the minutes be taken as read and be accepted as a true record of the Meeting with an amendment at Item 19.5 – Notice of Motion: Parramatta Light Rail – Support for Local Residents and Community in the Vicinity of Parramatta Light Rail Route to include paragraph 3. at resolution paragraph (c), which was missed from draft minutes published on Council’s web and included in the business paper. Paragraph (c) 3 reads:

3. Seeking to provide rental assistance and other support programs to small businesses negatively impacted by Parramatta Light Rail construction.

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 and less than significant interest in Item 13.3 being Adoption of the Councillor’s Expenses and Facilities Policy, as he has a current litigation for defamation against another Councillor. He left the Chamber prior to debate and voting thereon.

Councillor Wilson declared a pecuniary interest in Item 13.3 being Adoption of the Councillor’s Expenses and Facilities Policy, as he has a current defence for defamation against another Councillor. He left the Chamber prior to debate and voting thereon.

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 Local Government Exclusion from National Cabinet

REFERENCE F2019/03630 - D07556994

REPORT OF Lord Mayor, Councillor Bob Dwyer

2832

RESOLVED (Dwyer/Wilson)

(a) That Council sends a letter to the Premier, and to all local Federal and State Members of Parliament and members of the opposition, which highlights the critical necessity for Local Government representation on the newly formed National Cabinet and seeks their assistance in requesting that First Ministers review the decision to exclude Local Government.

(b) That Council seeks a meeting with our local Federal and State Members to discuss in more detail the importance of having local government representation on National Cabinet and the value of partnerships with Councils in achieving the objectives of the National Cabinet and the national reform agenda.

(c) Further, that Council notes that the Australian Local Government Association, Local Government NSW and other state/territory Local Government associations will continue to advocate for Local Government representation on the National Cabinet and for Local Government’s interests in all relevant forums.

9.2

SUBJECT Parramatta Park and the new Greater Sydney Parklands Agency

REFERENCE F2019/03630 - D07557232

REPORT OF Lord Mayor, Councillor Bob Dwyer

2833

RESOLVED (Dwyer/Davis)

(a) That Council write to The Hon Rob Stokes MP, Minister for Planning and Public Spaces, to seek a better understanding of the reasons for the need to dissolve the Parramatta Park Trust, and an explanation of the purpose, roles and responsibilities of the new centralised Greater Sydney Parklands agency.

(b) Further, that this letter seek to confirm what opportunities will be available to the City of Parramatta Council to be able to communicate with and contribute to the new agency to discuss local open space needs and matters in Parramatta Park, and how Parramatta Park inter-relates to the overall development and strategic direction of Parramatta as Sydney’s Central River City.

Note: Councillor Barrak arrived at the meeting at 6:39pm during consideration of Item 9.2.

10. Public Forum

10.1

SUBJECT PUBLIC FORUM 1: Item 18.2 Gateway Request: Planning Proposal for land at 1 Windsor Road, North Rocks

REFERENCE RZ/9/2019

FROM ANGUS WHITE

Thank you for the opportunity to address the meeting this evening.

Over the past 9 months since we lodged the Planning Proposal, we have appreciated the opportunity to engage with Council planning staff to ensure the proposal meets Council strategic objectives and delivers positive outcomes for local residents. We are pleased that Council staff have recommended the proposal for approval to proceed to the Gateway, as tabled this evening.

The Planning Proposal seeks only an “additional permitted use” on the site to allow for a full-line supermarket, reusing the vacant Bunnings building. If approved, our plans will renew the existing site and inject $20 million of investment into the local economy. The plans will provide significant benefits for the local community.

The proposal would directly create 200 ongoing local retail jobs, including a number of youth employment opportunities, plus more than 100 jobs during construction. With the multiplier effect of this direct investment, our economic report estimates a further 1,000 indirect employment opportunities created for the LGA.

Importantly, the plans address some of the undersupply of supermarket floor space within the area, and provide community benefit with improved access to food and grocery shopping in an area of population growth.

There is a current undersupply of more than 7,000m2 of supermarket floor space in the trading area. Even with the delivery of our supermarket proposal, there would still be an undersupply of more than 3,500m2. This need will increase in the future if no additional supermarkets are provided.

The population of the area, at over 44,000, could support five full-line supermarkets with reference to industry benchmarks. One is currently provided, which is the Entrada Coles on Victoria Road in North Parramatta. In addition, the IGA at Northmead is small at around 1,040m2. Full-line supermarkets which serve the weekly shopping needs of local residents are typically 3,200m2 or more.

It is noted that the Local Planning Panel considered that the proposed development should be in or attached to a town or village centre.

Additional economic assessment has been undertaken which identifies there are no sites available that could reasonably accommodate the proposal. In addition, the supermarket’s benefits and lack of adverse impacts at this location should enable it to be delivered at this location.

The proposal will not adversely impact the viability of any nearby centres or supermarkets. The economic impact assessment submitted with the proposal identifies that expected impacts are within the competitive range of 10% or less.

Population growth has been realised and is continuing in the immediate area of the proposed development with the recently completed Darling Mills residential development, the Parramatta North Urban Renewal Area and a number of other private and public developments under construction, recently completed or planned.

Council’s Local Strategic Planning Statement identifies that the population is expected to grow from 235,000 to 433,000 over the 20 year period. With this level of growth, the existing undersupply of supermarket floor space will become even more significant. In addition, the Central City District Plan identifies that more than 1.76 million square metres of additional retail floor space is needed over the next 20 years. Existing centres will not be capable of delivering this amount of floor space. Importantly, given the growth of population in areas away from those centres, new retail uses need to follow this growth to meet local needs.

We trust that Council recognises the proposal provides significant benefits, particularly in terms of addressing the undersupply of supermarket floor space, providing community benefit in terms of convenient services, and importantly creating significant employment opportunities.

Thank you for your time and the opportunity to address Council this evening.

STAFF RESPONSE

No staff response was provided.

Note: Councillor Davis left the Chamber at 6:43pm and returned at 6:44pm during consideration of Item 10.1.

11. Petitions

There were no petitions tabled at this meeting.

12. Rescission Motions

Nil

Procedural Motion

2834

RESOLVED (Esber/Tyrrell)

That Items 13.1, 13.2, 13.4 and 13.5 be resolved en bloc.

13. Fair

13.1

SUBJECT FOR NOTATION: Investment Report for June 2020

REFERENCE F2009/00971 - D07531072

REPORT OF Tax and Treasury Accountant

2835

RESOLVED (Esber/Tyrrell)

That Council note the Investment Report for June 2020.

13.2

SUBJECT FOR APPROVAL: Local Government Remuneration Tribunal Determination - Councillor Fees

REFERENCE F2004/06514 - D07377944

REPORT OF Senior Policy Advisor

2836

RESOLVED (Esber/Tyrrell)

That Council confirm the setting of Lord Mayor and Councillor annual fees for the period 1 July 2020 to 30 June 2021 at the maximum permissible levels, being $110,310 and $34,140 respectively.

Note:

1. Councillor Barrak declared a non-pecuniary and less than significant interest in Item 13.3 and left the Chamber at 6:48pm prior to consideration of the matter.

2. Councillor Wilson declared a pecuniary interest in Item 13.3 and left the Chamber at 6:48pm prior to consideration of the matter.

13.3

SUBJECT FOR APPROVAL: Adoption of the Councillors' Expenses and Facilities Policy

REFERENCE F2018/01312 - D07530359

REPORT OF Executive Officer

2837

RESOLVED (Esber/Tyrrell)

(a) That Council adopt the Councillors’ Expenses and Facilities Policy as at Attachment 1, which includes the amendments summarised in Attachment 2.

(b) That in adopting the Councillors’ Expenses and Facilities Policy, it is noted that Council has taken into consideration the previous resolution of Council, legal advice, advice from the Office of Local Government, and the submission received during the public exhibition period that is provided at Attachment 3.

(c) Further, that Council note a Councillor briefing session with Council’s Insurers was scheduled for Monday 20 July 2020, to brief Councillors’ on Council’s insurance coverage and its relationship with the Councillors’ Expenses and Facilities Policy, including (and not limited to) legal expenses.

Note:

1. Councillor Issa arrived at the meeting at 6:38pm during consideration of Item 13.3.

2. Councillor Barrak returned to the Chamber at 6:49 pm after consideration of Item 13.3.

3. Councillor Wilson returned to the Chamber at 6:50 pm after consideration of Item 13.3.

13.4

SUBJECT FOR APPROVAL: Adoption of Delivery Program Year Three: Operational Plan and Budget 2020/21

REFERENCE F2019/04433 - D07171772

REPORT OF Corporate Strategy Manager; Commercial Manager

2838

RESOLVED (Esber/Tyrrell)

(a) That Council adopts the Delivery Program (2018-2021) and Operational Plan and Budget 2020/21 inclusive of the:

(i) Annual Budget

(ii) Schedule of Fees and Charges

as outlined in this report and included as Attachments 1 and 2.

(b) That in adopting the Delivery Program, Operational Plan and Budget 2020/21, it is noted that Council has taken into consideration submissions received via the public exhibition of the documents.

(c) Further, that Council adopts expenditure totalling $493,594 million in the Operational Plan and Budget 2020/21 (incorporating the draft Operational and Capital budgets) and the funds to cover such expenditure be voted.

13.5

SUBJECT FOR APPROVAL: 2021 Making of the Rates and Annual Charges

REFERENCE F2014/02600 - D07457723

REPORT OF Rates & Receivables Manager

2839

RESOLVED (Esber/Tyrrell)

(a) That Council makes the Rates and Charges for the 2020/21 Rating year as outlined in this report using the Land Values with a base date of valuation 1 July 2019.

(b) That Council is proposing to increase rates by 2.6% being the max amount allowable by IPART.

(c) Further, that Council adopts the overdue Rates & Charges maximum interest rate of 7% in accordance with Section 566(3) of the Local Government Act 1993.

13.6

SUBJECT FOR APPROVAL: COVID-19 Relief - Temporary Outdoor Dining Expansion

REFERENCE F2020/01913 - D07507054

REPORT OF Place Manager

2840

RESOLVED (Esber/Tyrrell)

(a) That Council approves the ‘Guidelines’, ‘Terms & Conditions’, and ‘Application Form’ for businesses to apply for ‘COVID-19 Relief - Temporary Expansion of Outdoor Dining’.

(b) That ‘COVID-19 Relief - Temporary Expansion of Outdoor Dining’ will conclude at the end of the 2020/21 financial year.

(c) That approvals for temporary expansion of outdoor dining areas will be valid for only 30 days to allow for review against current COVID-19 restrictions.

(d) Further that application fees are waived as part of Council’s COVID-19 relief package.

13.7

SUBJECT FOR APPROVAL: Delegation to Chief Executive Officer for Transfer of Land at 2 Morton Street, Parramatta

REFERENCE F2020/02043 - D07529961

REPORT OF Legal Administration Assistant

2841

RESOLVED (Tyrrell/Esber)

That the report be noted.

14. Accessible

14.1

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

REFERENCE F2016/03461 - D07413443

REPORT OF Group Manager - Development and Traffic Services

2842

RESOLVED (Pandey/Esber)

(a) That Council publicly exhibit for 28 days the draft consolidated notification requirements, as an appendix to Council’s Community Engagement Strategy, which in summary proposes the following:

(i) Changes to notification timeframes to apply across the Parramatta Local Government Area and as set out in Attachment 1.

(ii) On-site signage to be provided as set out in the Parramatta Development Control Plan, to apply across the Parramatta Local Government Area.

(iii) Letter notification requirements, less the inclusion of attachments, as set out in the Parramatta Development Control Plan, to apply across the Parramatta Local Government Area.

(b) That a report on the outcomes of the exhibition be brought back to Council for its consideration.

(c) That Council utilise legislation changes as they relate to Development Applications that do not require exhibition to:

(i) No longer advertise development application in printed newspapers;

(ii) Notify the ten (10) closest surrounding properties of each DA lodged;

(iii) Notify the owners corporation, owners and tenants of each lot;

(iv) Provide electronic access to Development Application documents at Council offices and libraries.

(d) That Council delegate authority to the Chief Executive Officer to correct any minor inconsistencies or anomalies of an administrative nature that may arise during this process.

(e) That Council investigate technological options to receive submissions to proposals and plans placed on public exhibition from people with disability by way of audio recording or transcription recording.

(f) Further, that all Councillors be furnished with a report on development applications lodged in the Local Government Area, divided into wards on a monthly basis.

Note:

1. Councillor Bradley arrived at the meeting at 6:57pm during consideration of Item 14.1.

2. Councillor Esber left the Chamber at 7:06pm and returned at 7:07pm during consideration of Item 14.1.

15. Green

Nil

16. Welcoming

Nil

17. Thriving

Nil

18. Innovative

18.1

SUBJECT FOR APPROVAL: Minutes of the Heritage Advisory Committee Meetings held 3 and 18 June 2020

REFERENCE F2013/00235 - D07516416

REPORT OF Project Officer Land Use

2843

RESOLVED (Wearne/Issa)

(a) That Council receive and note the minutes of the Heritage Advisory Committee’s meetings of 3 and 18 June 2020.

(b) That Council note, that in response to the recommendation of the Heritage Advisory Committee, that Council officers are pursuing the following actions:-

i. Approaching Western Sydney University (WSU) to see if it is interested in the Subiaco House Columns being relocated on the WSU site including its position on whether the University would be willing to cover the costs of relocation etc.

ii. If WSU is interested, request the following advice from the heritage consultants Council engaged to assist with the Subiaco House Columns relocation project:

· The appropriateness of locating the Columns on WSU’s Parramatta South Campus (located at the corner of Victoria Road and James Ruse Drive) instead of Collett Park, Parramatta.

· Whether the consultant considers it appropriate for the Columns to be passed onto a private entity.

· Any conditions or management arrangements that WSU would need to be aware of when making any decision to accept the Columns.

iii. To advise the Heritage Advisory Committee and Council (via the minutes of the Heritage Advisory Committee) once the above responses are available.

(c) Further, that Council endorse the payment of the following grants to the owners of the listed properties from Council’s Local Heritage Fund:

1. $841.25 for 1 Gladstone Street, North Parramatta;

2. $3,300 for 144 Good Street, Harris Park; and

3. $3,300 for 46 Grose Street, North Parramatta.

Note: Councillor Wilson left the Chamber at 7:40pm and returned at 7:42pm during consideration of Item 18.1.

18.2

SUBJECT FOR APPROVAL: Gateway Request: Planning Proposal for land at 1 Windsor Road, North Rocks

REFERENCE RZ/9/2019 - D07484958

REPORT OF Project Officer Land Use

2844

RESOLVED (Esber/Tyrrell)

(a) That Council endorse the Planning Proposal (at Attachment 1) for the purposes of seeking a Gateway Determination from the Department of Planning, Industry and Environment (DPIE) for land at 1 Windsor Road, North Rocks which seeks to amend Schedule 1 of the Parramatta (former The Hills) Local Environmental Plan 2012 by adding retail premises as an additional permitted use (limited to a maximum of 3,800 m²) to facilitate a Woolworths supermarket and a liquor store.

(b) That the Planning Proposal be forwarded to the DPIE for a Gateway Determination.

(c) That Council advises the DPIE that the Chief Executive Officer (CEO) will be exercising the plan-making delegations for this Planning Proposal as authorised by Council.

(d) That Council authorise the CEO to negotiate a Planning Agreement on behalf of Council, with the outcome of negotiations to be reported back to Council prior to its concurrent public exhibition with the Planning Proposal, relating to the following:

1. delivery of a roundabout on North Rocks Road, and

2. augmentation of the existing bridge over Darling Mills Creek to facilitate increased capacity for pedestrians and cyclists.

(e) That a delivery mechanism be agreed to by the State Government and the proponent to facilitate the delivery of the land required to accommodate future upgrades to the James Ruse Drive/Windsor Rd intersection prior to public exhibition of the Planning Proposal.

(f) That Council authorise the CEO to correct any minor anomalies of a non-policy and administrative nature that may arise during the plan-making process.

(g) Further, that Council note the advice of the Local Planning Panel dated 16 June 2020 in relation to this matter is not consistent with the above recommendation.

DIVISION A division was called, the result being:-

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

NOES: Councillor Bradley

19. Notices of Motion

19.1

SUBJECT NOTICE OF MOTION: Parramatta Touch Football Association

REFERENCE F2019/04433 - D07538929

FROM Councillor Garrard

2845

RESOLVED (Garrard/Issa)

(a) That Council endorse Parramatta Touch Football Association the use of a golf cart at Doyle Park, and:

1. Council work with the Club to set ground rules around the use of the cart, i.e., to be used to setting up and packing up the fields, medical emergencies, not to be used in wet weather; and

2. Ensure the Club have relevant public liabilities in the term and condition of the park hire.

(b) Further, that a report comes back to Council in 12 months’ time on the operations and effect of the golf cart by Parramatta Touch Football Association.

20. QUESTIONS ON NOTICE

Nil

21. CLOSED SESSION

2846

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 25/2019 Mobile Services. (D07245746) - This report is confidential in accordance with section 10A (2) (c) of the Local Government Act 1993 as the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business (Tender recommendation).

21.1

SUBJECT FOR APPROVAL: Tender 25/2019 Mobile Services

REFERENCE F2019/04434 - D07245746

REPORT OF IT Service Delivery Manager

2847

RESOLVED (Esber/Tyrrell)

(a) That Council accepts the preferred tenderer (specified in paragraph 12 of the report) for the Tender ITT 25/2019 ICT Mobile Services for the tender sum as outlined in paragraph 17 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 execute all necessary documents in relation to this matter.

Note: Councillor Garrard left the Chamber at 7:46pm and returned at 7:49pm, and was not present for the vote taken at Item 21.1.

Procedural Motion

2848

RESOLVED (Esber/Wilson)

That the meeting resume into Open Session.

22. REPORTS OF RESOLUTIONS PASSED IN CLOSED SESSION

The Chief Executive Officer read out the resolution for Item 21.1.

23. CONCLUSION OF THE MEETING

The meeting terminated at 7:50pm.

THIS PAGE AND THE PRECEDING 11 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON MONDAY, 27 JULY 2020 AND CONFIRMED ON MONDAY, 10 AUGUST 2020.

Chairperson

Council 10 August 2020 Item 14.2

ACCESSIBLE

ITEM NUMBER 14.2

SUBJECT FOR APPROVAL: Response to Notices of Motions - Parking Enforcement in Suburban and Sydney Olympic Park Areas including Unusual Hours (Out of Business Hours) and Council Officer Discretions under Policy and/or Legislation.

REFERENCE F2020/02062 - D07524796

REPORT OF Group Manager Regulatory Services

PURPOSE:

This report is provided for the information of Council in response to three (3) Notice of Motions relative to the Parking Enforcement Operations in Suburban and Sydney Olympic Park and surrounding areas in both Business Hours and Out of Business Hours (Unusual Hours). The report also outlines the type and volume of Penalty Infringement Notices (PINS) issued, broken into Business Hours and Out of Business Hours. The report also identifies Policy Guidelines and the Fines Act 1996, for use by Rangers and Parking Officers relative to the use of discretion when issuing PINS.

RECOMMENDATION

(a) That Council note this report in response to Council Notice of Motions, Reference Items GB60/19 (29/4/19), 19.1 and 19.2 (24/02/20).

(b) Further, that Council create a ‘Parking Information Pamphlet’ for dissemination to all City of Parramatta Households as a community information and reminder service to be delivered with the Parramatta Pulse publication.

BACKGROUND

1. Inquiries have been received by Councillors from constituents in various suburbs within the Local Government Area (LGA), who have received Parking Infringement Notices (PINS) for the offence of ‘Parking On or Across On Driveway/ Nature Strip/ Path’ to obtain an explanation why the PIN was issued to their car, trailer caravan, boat etc, with some of these PINS issued outside of Business Hours or ‘Unusual Hours’.

2. The three Notice of Motions responded to include:

Unlawful Parking on Nature Strips – Item GB60/19 - 29/04/19, LM/Clr Dwyer

Parking Enforcement During Unusual Hours – Item 19.1 – 24/02/20, Clr Wilson

Parking Enforcement Sydney Olympic Park – Item 19.2 – 24/02/20, Clr Wilson

3. Council receives in excess of 7000 Parking Complaints a year and these range from blocked driveways, blocked footpaths or nature strips, parking in ‘No Stopping’ or No Parking zones and numerous other types of parking offences, both in and outside of business hours.

4. All complaints are attended by either Rangers or Parking Officers, who will investigate the complaint, considering any impacts from the unlawfully parked vehicles on the community, including any safety or accessibility issues that affect both vehicles and or pedestrians.

5. Parking complaints are received from the constituents of the suburbs of Newington and Wentworth Point, by both Council and Councillors, during the conducting of major events. These complaints relate to two issues: firstly vehicles attending major events in the Olympic Park Precinct (OPP) and parking in the surrounding suburbs rather than in OPP Parking, which then results in excess vehicles parking unlawfully; secondly, local residents unable to park lawfully near their residence, due to the OPP overflow vehicles, resulting in a combination of residents and visitors receiving PINS.

6. Enforcement activity undertaken by Council Ranger and Parking Officers has three effects; providing a safe vehicle and pedestrian environment; providing a deterrent to unlawful and or repetitive parking behavior; and, providing continued availability of parking for residents and visitors undertaking business and social activities in suburban and city business centres.

7. Parking Enforcement is conducted under several Acts and Regulations, these include the Road Rules 2014 Act, Local Government Act 1993, Road Transport (General) Regulation 2013 and the Roads Act 1993. In addition, Council’s Rangers and Parking Officers also operate under the guidelines of the ‘Parking Enforcement Policy’. The issuing of penalty notices and or cautions is defined under the Fines Act 2006, No 99.

ISSUES/OPTIONS/CONSEQUENCES

8. Attached is a Parking Infringement Data report, for the twelve-month period between March 2019 and March 2020. The report indicates an array of PIN statistics, providing a breakdown of the volume of general parking offence types and indicating when PINS are issued, either in or outside of business hours.

9. The outside of business hours data clearly indicates that only a very small percentage of PINS (1.42% or 809 PINS) were issued, with only 145 of the 809 PINS issued for the offence of ‘Parking Across Driveway/ Nature Strip/Path’.

10. There was a total of 2420 (4%) PINS issued for the 12-month period for ‘Parking Across a Driveway/Nature Strip/Path’, with the greater majority issued in business hours.

11. In respect of parking enforcement activity in the Wentworth Point and Newington Suburbs adjacent to Sydney Olympic Park officers are rostered to patrol the affected suburbs for general patrols and specific event impacts. The following are the number of PINS issued; Wentworth Point 963 PINS (1.7%), 933 issued in Business Hours, 30 Outside of Business hours (Unusual Hours). Newington 234 PINS (.4%), 231 issued in Business Hours, 3 Outside of Business hours.

12. A Diary of major events is maintained by the Ranger and Parking Services Team for Sydney Olympic Park, with officers rostered around the event activity times, so that officers commence parking patrols prior to the event commencing through to half way through each event, which ensures anyone attending the event has arrived parked and been monitored by the officers. Whilst officers are at the events, if complaints are received, officers are contacted and attend and investigate such complaints.

13. Heavy vehicles parking complaints require specific tasking deployments and are generally undertaken out of normal business hours, with most commencing overnight parking at the end of the normal business hours. Heavy vehicle equal to or above 4.5 Gross Vehicle Mass (GVM) are only able to park on the public roads for up to one hour to partake a meal. Council receives a significant number of complaints in relation to heavy vehicles, due to a large number starting up and leaving the suburbs in the early hours of the morning affecting the community amenity.

14. As a result, Rangers and Parking Officers work outside of business hours (Unusual Hours) to monitor and enforce heavy vehicle parking offences. During the monitoring time for heavy vehicle parking offences, officers also monitor the next biggest complaint received, which is vehicles ‘Parking Across Driveway/ Nature Strip/Path’.

15. This particular parking offence impacts pedestrians, parents with prams, children on bicycles and disabled persons, both assisted (i.e. crutches, wheeled frames) or wheelchair bound. Most of the vehicles infringed are still parked in the morning when various pedestrians commence using the Nature Strips and Paths and are impacted by vehicles parked unlawfully.

16. Rangers and Parking Officers have discretion to issue a PIN or Caution for any parking offence, the ability to issue a caution comes from the Fines Act 1996. “19A Official caution may be given instead of penalty notice

(1) An officer authorised to issue a penalty notice may give a person an official caution instead of issuing a penalty notice if the officer believes—

(a) on reasonable grounds that the person has committed a penalty notice offence, and

(b) that it is appropriate to give an official caution in the circumstances.

(2) In making a decision under subsection (1), an appropriate officer (other than a police officer) must have regard to the applicable guidelines relating to the giving of official cautions in respect of penalty notice offences.

(3) In this section —

guidelines means guidelines —

(a) issued by the Attorney General that are published in the Gazette and made available on the internet site of Revenue NSW.

Attorney General - Caution Guidelines under the Fines Act 1996

4.7 “Without limiting the discretion to give a caution, the matters that should be taken into account when deciding whether it is appropriate to give a person a caution instead of a penalty notice include:

(a) The offending behaviour did not involve risks to public safety, damage to property or financial loss, or have a significant impact on other members of the public;

(b) The officer has reasonable grounds to believe that the person has a mental illness or intellectual disability;

(c) The officer has reasonable grounds to believe that the person is homeless;

(d) The officer has reasonable grounds to believe that the person is under 18;

(e) The officer has reasonable grounds to believe that the person has a special infirmity or is in very poor physical health;

(f) The offending behaviour is at the lower end of the scale of seriousness for that offence or is minor in nature. For example, where there are signs prohibiting eating and drinking in a train carriage, and a person is observed eating a meal in a sensible and tidy manner.

(g) The person claims on reasonable grounds that they did not knowingly or deliberately commit the offence;

(h) The person admits the offending behaviour and shows remorse; The person is cooperative and/or complies with a request to stop the offending conduct. For example, a person stops in a no parking zone for longer than the required time but does not leave the vehicle unattended and agrees to move the vehicle when directed.

(i) There are other reasonable grounds for giving a caution in all the circumstances of the case. For example, the offence was committed because of a medical or other serious emergency, or the person is a visitor from interstate or overseas and was not aware that their conduct constituted an offence.

4.8 The fact that one or more of these factors is present does not mean that the officer is obliged to issue a caution. All the circumstances of the case should be taken into account to determine whether a caution is an appropriate and reasonable response to the offence”.

17. Although all drivers of motor vehicles must have a driver’s licence and ensure they are aware of the driving and parking rules and regulations, it is evident that some drivers blatantly ignore both driving and parking rules. Not all driving and parking rules are signposted to worn or remind drivers, one of the most frustrating parking offences is the offence of ‘Parking On or Across On a Driveway/ Nature Strip/ Path’.

18. To assist in reminding drivers and constituents of the City of Parramatta Local Government Area, the Regulatory Service Unit will produce a Parking-Information pamphlet. This will include parking information and diagrams of various parking offences that impact pedestrian and driver maneuvering and safety. This information will be posted annually to all households as a reminder of parking offences that may not necessarily be signposted or in the front of mind of drivers.

CONSULTATION & TIMING

Stakeholder Consultation

19. The following stakeholder consultation has been undertaken in relation to this matter:

Date	Stakeholder	Stakeholder Comment	Council Officer Response	Responsibility
N/A

Councillor Consultation

20. The following Councillor consultation has been undertaken in relation to this matter:

Date	Councillor	Councillor Comment	Council Officer Response	Responsibility
24 July, 2020	Clr / LM Dwyer & Clr Wilson	Councillor Wilson and Dwyer acknowledged the report and the data to be presented and appreciated the breakdown of both the offence types and hours PINS have been issued. Both Councillors appreciative of the Pro-Active tasking of staff for Olympic Park Event impacts and for the proposed Parking Information Pamphlet to be delivered to all households.	Both Councillors informed of the 12 months of data analysed and being presented indicating PINS issued within Business Hours and outside of Business Hours or (Unusual Hours). Clr’s informed that the offences of ‘Parking on or Across a Driveway/Nature Strip/Path’ which has caused contention with 2420 PINS issued out of a total of 55,000 PINS and only 145 of the 2420 issued Out of Business Hours. Both Councillors informed of the proposed Parking Information Pamphlet, but that some additional funds would need to be allocated for distribution	Group Manager Paul Lyth, Regulatory Services

FINANCIAL IMPLICATION FOR COUNCIL

21. The proposed pamphlet can be produced and printed from the Regulatory Services allocated budget. The delivery can be done in coordination with the existing contract to deliver the Parra-Pulse at no cost or marginal cost that can be absorbed within existing budgets (<$5k).

Paul Lyth

Group Manager Regulatory Services

John Warburton

Executive Director, City Assets & Operations

Alistair Cochrane

Chief Financial Officer

Brett Newman

Chief Executive Officer

Attachments:

1 ⇩	Parking Infringement Data for the twelve month period - 31 March 2019 to 31 March 2020	4 Pages
2 ⇩	City of Parramatta - Parking Enforcement Policy	15 Pages
3 ⇩	NSW Attorney General Caution Guidelines Under the Fines Act	8 Pages

REFERENCE MATERIAL

Council 10 August 2020 Item 17.1

THRIVING

ITEM NUMBER 17.1

SUBJECT FOR APPROVAL: Advocacy for Expansion of Parramatta Justice Precinct and Permanent Supreme Court

REFERENCE F2018/02357 - D07546165

REPORT OF Project Officer

PURPOSE:

The purpose of this report is for Council to receive and note a report prepared in response to a Lord Mayoral Minute of 10 April 2018 to investigate a business case to support an increased judicial presence in Parramatta. This report provides information on an advocacy campaign to the NSW Government for the expansion of the Parramatta Justice Precinct and increase the size of the legal and justice sector in Parramatta.

RECOMMENDATION

(a) That Council note the study Parramatta Legal and Justice Sector prepared in response to Council’s resolution of 10 April 2018 at Attachment 1.

(b) That Council support a proposed advocacy campaign to the State Government, outlining the City’s aspirations for:

i) The physical expansion of the Parramatta Justice Precinct to support the development of Parramatta as a significant legal centre for New South Wales;

ii) A permanent Supreme Court presence in Parramatta (through the attachment of multiple justices to the existing Supreme Court circuit);

iii) The development of a law school within the Parramatta CBD to support talent pool development and retention in the City;

iv) The development of a legal innovation start-up incubator in the Parramatta CBD.

(c) That Council write to the NSW Bar Association, Law Society of New South Wales and other supportive stakeholders group to establish a coalition to advocate for an increased judicial presence in Parramatta.

(d) Further, that Council write to the Chief Commissioner of the Greater Sydney Commission and the Secretary of the Department of Communities and Justice regarding the identification of a “Master Plan for the expansion of the Parramatta Justice Precinct” within the Greater Parramatta to Olympic Peninsula Place-Based Infrastructure Compact, to identify opportunities to accelerate the delivery of the master plan.

BACKGROUND

1. At its meeting of 10 April 2018, Council resolved the following regarding a Minute of the Lord Mayor:

(a) That Council write to the NSW Bar Association and supportive stakeholder groups to establish a coalition to advocate for an increased judicial presence in Parramatta.

(b) That Council through the Economic Development Special Rate (EDSR) reserve funding for relevant consultant studies, support the preparation of a business case as requested by the Chief Justice of the Supreme Court, along with an investigation into physical limitations within the justice precinct and the availability of suitable courtroom and supportive office space.

2. Staff understand that the Council’s Senior Policy Advisor (at the time), addressed part (a) of the resolution via discussion of this issue with NSW Bar Association. This issue will be re-visited with the additional information included in this report and potentially via the Greater Sydney Commission master plan process.

3. Council’s Economic Development Team procured and engaged SGS Economics and Planning in response to (b) of the Council resolution to undertake a baseline and future demand analysis for legal services in Parramatta, as well as test the economic and service benefit to the City in attaching a permanent Supreme Court circuit to Parramatta.

4. During the development of the background report, Council partnered with Western Sydney Business Connection to host a business lunch event in October 2018 regarding, “A Decade of Decentralisation: Parramatta’s Legal Sector and Opportunities for Business” in Parramatta, where Council presented its preliminary findings. This event was attended by Council staff and Councillors. The key speaker at the event was the NSW Attorney-General, Mark Speakman SC MP who requested that Council and the broader industry present to the NSW Government a detailed case for making permanent the Supreme Court circuit in Parramatta and bringing more government, legal and justice services to the City.

SCOPE OF STUDY AND KEY FINDINGS

5. To support Council’s advocacy, the consultant study sought to understand the current composition of the Parramatta Justice Precinct and the legal ecosystem in Parramatta, test various investment scenarios for potential additional employment and economic value to the City, and consider the flow-on effects in terms of work location desirability in attracting the Supreme Court permanently to the City.

6. This study, Parramatta Legal and Justice Sector, is provided at Attachment 1.

7. Council’s has limited capacity to prepare a comprehensive business case to increase the judicial presence in Parramatta without industry support. There is also little available public information from the Department of Communities and Justice (DCJ) on future legal demand and a related State asset strategy to address increased population and access to legal services and Courts. With the assistance of this research and industry stakeholders, Council will be better placed to advocate for the possible employment and economic benefits of policy interventions, infrastructure and investment to expand the legal sector in Parramatta. A successful advocacy outcome would be the agreement of the Attorney-General and the Department of Community and Justice to prepare a formal business case to Government for actions to expand the sector in the Central City.

8. Three scenarios were tested to quantify the employment and economic impacts of varying levels of investment in court load allocation. These scenarios compare the current known caseload of the Parramatta Justice Precinct (based on reported data from DCJ) to assumed caseloads in 2036, in line with population growth projections, against three potential scenarios:

a) Scenario 1 – Status quo (growth in line with population projection, capped at existing court capacity);

b) Scenario 2 – Incremental growth (all cases within 30 minutes heard in Parramatta, 35% in District and Supreme Court matters)

c) Scenario 3 – Major growth (all cases per Scenario 2 with the entire Supreme Court caseload heard in Parramatta by 2036).

9. The results of the scenario projection analysis are below in Table 1.

	2016 (Baseline)	2036 (Scenario 1)	2036 (Scenario 2)	2036 (Scenario 3)
Legal matters heard in Parramatta	25,000	37,900	79,100	89,800
Additional direct jobs in legal services		230	1,520	2,210
Additional value add to local economy		$36.5 million	$242.3 million	$353.4 million

Table 1 – Potential economic and employment benefits to City in further investment in legal and justice services

10. Scenario 3 would represent a potential doubling of the current number of legal sector professionals in the Parramatta CBD from 1,200 to 2,600 with a potential direct value add of up to $353 million to the local economy, with additional production induced and consumption induced economic benefits.

11. Council staff propose to direct funding from the Economic Development Special Rate (EDSR) to a maximum of $45,000 to deliver an advocacy campaign to encourage further investment by State and Federal Governments in the expansion of core legal services and courts in Parramatta, on the basis of the benefits and opportunities identified in the report at Attachment 1.

12. This advocacy campaign will (amongst other actions) call on the NSW Government to develop a business case to support increased judicial presence in Parramatta through the attachment of a permanent Supreme Court circuit to Parramatta, and the physical expansion of the Parramatta Justice Precinct.

13. Key focus areas for Council’s advocacy are proposed to include the following actions.

14. Action 1: Seeking Government support for the expansion of the Parramatta Justice Precinct in line with the delivery of the Greater Parramatta to Olympic Peninsula Place-based Infrastructure Compact.

15. In October 2019, the Greater Sydney Commission released ‘A City Supported by Infrastructure - Greater Parramatta to Olympic Peninsula Place-based Infrastructure Compact Pilot’ (the ‘GPOP PIC’). The GPOP PIC is a strategic planning model that looks holistically at a place to better align growth with the provision of infrastructure and services, led by the State Government in partnership with local councils in the GPOP area.

16. The GPOP PIC includes an item investigating the expansion of the Parramatta Justice Precinct through a master planning process (Proposed Action 4, “Justice”), however does not provide any further detailed information about the project.

17. The GPOP PIC is still in draft form, and the Greater Sydney Commission are in the process of considering submissions to the public exhibition, before presenting a recommendation on the GPOP PIC to the NSW Cabinet.

18. As part of the advocacy campaign, Council will write to the Chief Commissioner of the Greater Sydney Commission supporting this project, suggesting it includes Council’s recommendations be included, and requesting the timeframes be clearly identified (and accelerated) as part of the delivery program of the GPOP PIC.

19. Action 2: Seek State Government support for the establish for a Permanent Circuit of the Supreme Court of New South Wales in Parramatta.

20. A key finding of the study was that the current part time Supreme Court circuit of the Supreme Court is insufficient in encouraging a higher order legal ecosystem in Parramatta, due to the infrequency of court sitting dates and unpredictability of presiding officers or court personnel, encouraging local firms to file in the Sydney CBD instead of Parramatta.

21. Anecdotal information provided from stakeholders during the consultation phase of this project found that there is existing capacity within the Parramatta Justice Precinct to maintain a permanent courtroom dedicated to the Supreme Court with investment required in judicial personnel and support staff. Any decision to establish a permanent Supreme Court circuit would need to be determined by the Department of Communities and Justice.

22. Action 3: Support for a Law School in Parramatta.

23. Despite being the second largest legal centre in New South Wales, the City of Parramatta LGA currently does not have a law school, with only limited legal education offered at the Parramatta Campus of the University of New England for distance education students.

24. The consultant report highlights the importance of attracting a tertiary legal training institution to Parramatta with strong links to the local legal sector and court circuit. A law school would enable the City to foster opportunities for direct training, internships, development and retention of a local legal talent pool, and provide opportunities to link with growing legal firms in the City of Parramatta.

25. As part of the advocacy campaign, Council will make representations to heads of universities to seek opportunities to offer legal education in the Parramatta CBD, or foster opportunities to expand the presence of tertiary legal education within the Parramatta CBD, supporting pathways for law students located within the LGA and the region to train at local law firms.

26. Action 4: Support for a Legal Technology Innovation Start-up Hub

27. The legal technology innovation sector is growing significantly in Australia, supporting the long term technological enhancement and revolution of the legal sector, supporting automatic information discovery, automation of contracts and contactless legal transactions, amongst other advancements.

28. There is currently no dedicated legal innovation start-up innovation hub in Australia, with existing legal start-ups located in ad-hoc locations across the country. A legal innovation stat-up innovation start-up hub would be a unique competitive advantage for Parramatta and support the ongoing optimisation and development of the City’s legal ecosystem and concentrate like-focused innovators to accelerate and incubate new technologies and business models in the legal system.

CONSULTATION & TIMING

Stakeholder Consultation

29. The following stakeholder consultation has been undertaken in relation to this matter:

Date	Stakeholder	Stakeholder Comment	Council Officer Response	Responsibility
21 August 2019	Workshop of local law firms (4 in attendance)	Strong support of Council’s position. Provided anecdotal information on the current practical working of the Justice Precinct by the local legal sector.	Feedback from the stakeholder workshop strongly framed the recommendations in the final report.	City Strategy / Economic Development
3 October 2019	President, Parramatta Law Society	Strong support of Council’s position. Offered support of local society in contacting local firms and garnering support for advocacy campaign	The Parramatta Law Society will be asked to join Council’s advocacy campaign.	City Strategy / Former Group Manager City Economy
17 October 2019	Immediate Past President, Law Society of NSW	Supported Council’s position. Offered opportunity to collaborate on advocacy campaign	The Law Society of NSW will be asked to join Council’s advocacy campaign.	City Strategy / Former Group Manager City Economy

30. Council will use existing investment in the development of the rollout of the new City Brand and development of the City Stakeholder Alliance to market and position the campaign.

Councillor Consultation

31. The following Councillor consultation has been undertaken in relation to this matter:

Date	Councillor	Councillor Comment	Council Officer Response	Responsibility
30 October 2018 – WSBC Luncheon	All Councillors invited	All interested Councillors attended the luncheon.	No response required.	City Strategy / Former Group Manager City Economy
23/07/2020	Mover and seconder of original resolution (LMM)	Notification of intention to report on this item and offer made for briefing	To be advised	Group Manager City Strategy

FINANCIAL IMPLICATION FOR COUNCIL

32. The cost of preparing the consultant background report was drawn from the Economic Development Special Rate (EDSR) budget and cost $62,000.

33. The cost of the advocacy campaign would be drawn from existing budget available from the EDSR for 2020/2021. The budget allocated to the advocacy campaign would be to a maximum amount of $45,000.

34. Existing staff resources from Council’s City Strategy, City Identity and City Engagement Units will deliver the advocacy campaign and messaging, including the production of necessary collateral, media releases, facilitating a launch event if necessary and other media and promotional opportunities as required.

CONCLUSION AND NEXT STEPS

35. Should Council endorse the recommendations of this report, representations to the Attorney-General of New South Wales, Secretary of the NSW Department of Communities and Justice and Chief Commissioner of the Greater Sydney Commission will be made relating to Council’s position.

36. Tactical opportunities to drive media coverage, distribution marketing and promotional activities, as well as explore collaboration with City partners, advocacy groups and industry stakeholders will be explored and implemented through the remainder of 2020.

Beau Reid

Project Officer Economic Development

Nicole Carnegie

Economic Development Manager

Alistair Cochrane

Acting Chief Financial Officer

Geoff King

Group Manager City Strategy

Brett Newman

Chief Executive Officer

Attachments:

1 ⇩

Parramatta Legal and Justice Sector

51 Pages

REFERENCE MATERIAL

Council 10 August 2020 Item 17.2

THRIVING

ITEM NUMBER 17.2

SUBJECT FOR APPROVAL: Proposed naming of three roads and one park in the Carter Street Precinct, Lidcombe

REFERENCE F2018/01028 - D07539774

REPORT OF Place Manager

PURPOSE:

To endorse the proposed names for three new roads and one new park in the Carter Street Precinct Residential Development as outlined in this report.

RECOMMENDATION

(a) That Council approve the proposed names for three new roads and one new park in the Carter Street, Lidcombe Precinct Residential Development and as shown on the Precinct Plan at Attachment 1 of this report, as follows:

Streets	Kingfisher Street
	Honeyeater Street
	Fantail Street
Park	Kestral Park

(b) Further, that these names be referred to the Geographical Names Board (GNB) of NSW for formal assignment and Gazettal under the Geographical Names Act 1996.

BACKGROUND

1. The Carter Street, Lidcombe Precinct Residential Development transforms the area from low level industrial/commercial development to high rise residential units. As a result, three new roads and one new park have been created to service the development (Attachment 1).

2. Providing road names for addressing of the units in the development is essential, not only to identify the owners’/residents’ individual units, but also to allow utilities, postal and emergency services to locate the individual addresses.

3. Preferred sources for road names include thematic names such as flora and fauna and should be appropriate to the physical, historical or cultural character of the area, as outlined in Council’s Road Naming Policy (Policy 283) and GNB Guidelines.

4. Council’s Cultural, Heritage & Tourism (CHT) team has researched the history and identity of the area and proposed the following names to apply to the newly developed roads and parks:

Streets			Parks
Honeyeater	Fantail	Whistler	Peregrine	Kestral	Butcherbird
Blue Wren	Wagtail	Wattlebird
Scrubwren	Kingfisher	Lapwing

5. Council’s CHT team provided the proposed names after consultation with community groups during the planning phase for Stage one of Carter Street Precinct Development Road Naming project and reflect the natural heritage values of the area, particularly woodland and wetland bird species. All names are derived from birds seen in the local area as outlined in the brochure (Attachment 2.)

ISSUES/OPTIONS/CONSEQUENCES

6. The Community Engagement team developed and arranged public consultation on the proposed names. The proposed names were promoted across Council’s social media channels, on Council’s website and a survey requesting feedback on the proposed names on Council’s engagement portal ‘Parramatta Our Say’. Details relating to community responses and feedback can be found in Attachment 3.

7. The online consultation was held from Wednesday 3 June to Wednesday 24 June 2020 (a minimum of three weeks as outlined in Council’s Road Naming Policy). Council was seeking the following feedback from the community:

a. Preference for the top three street names from the nine street names proposed;

b. Preference for the park name from the three park names proposed

c. Any other feedback on the proposed street and park names

8. It is important to note that this consultation took place throughout the COVID-19 outbreak. While the response rate was still quite strong, the government restrictions that were introduced which prevented face-to-face consultations and the situation more generally, may have had an impact on overall engagement numbers.

9. No advertisements were placed in the papers, as outlined in Council’s Road Naming Policy and GNB Guidelines, as they are no longer exist.

10. The names satisfy the addressing requirements of the Geographic Names Board (GNB), which has given prior concurrence to the proposed names.

11. Until names are allocated, the subject properties are currently at risk of utility service issues, delayed postal, other deliveries and, most importantly, emergency services attendances.

12. It is prudent that the proposed names be allocated as developers and residents may seek compensation for any costs they claim are caused by delays in the naming process such as supply of building infrastructure services, re‑addressing for residents and businesses and postal and delivery re-direction costs.

CONSULTATION & TIMING

Stakeholder Consultation

13. The following stakeholder consultation has been undertaken in relation to this matter. Please refer to Attachment 4 for further details:

Date	Stakeholder	Stakeholder Comment	Council Officer Response	Responsibility
Wed 3 June 2020	445 impacted properties	Feedback likely came through the survey hosted on Parramatta OurSay; QR code;	N/A	Community Engagement Team
Wed 3 June to Wed 24 June 2020	Social media	(Refer to Attachment 4)	(Refer to Attachment 4)	Community Engagement Team
Wed 3 June to Wed 24 June 2020	LGA wide via ‘Our say’ portal	67 responses submitted via Parramatta OurSay. Nine (9) respondents provided additional feedback in the form of open comments.	(Refer to Attachment 4)	Community Engagement Team
Wed 3 June and Thu 18 June 2020.	OCYS Panel Email(s):	N/A	N/A	Community Engagement Team
Tue 9 June 2020	ePULSE	N/A	N/A	Community Engagement Team
3 June 2020	Andrew Hall & Matt Loader – YMCI (Developer)	Written submission outlining their proposed road names	(Refer to Attachment 4)	Place Services / Property & Place / Eva Farlow – Place Manager
4 June 2020	Australia Post	Nil comment provided	Nil response required	Place Services / Property & Place / Eva Farlow – Place Manager
4 June 2020	The Registrar-General	Nil comment provided	Nil response required	Place Services / Property & Place / Eva Farlow – Place Manager
4 June 2020	The Surveyor-General	Nil comment provided	Nil response required	Place Services / Property & Place / Eva Farlow – Place Manager
4 June 2020	The Chief Executive of the Ambulance Service of NSW	Nil comment provided	Nil response required	Place Services / Property & Place / Eva Farlow – Place Manager
4 June 2020	Fire and Rescue NSW	Nil comment provided	Nil response required	Place Services / Property & Place / Eva Farlow – Place Manager
4 June 2020	NSW Rural Fire Service	Nil comment provided	Nil response required	Place Services / Property & Place / Eva Farlow – Place Manager
4 June 2020	NSW Police Force	Nil comment provided	Nil response required	Place Services / Property & Place / Eva Farlow – Place Manager
4 June 2020	NSW State Emergency Service	Nil comment provided	Nil response required	Place Services / Property & Place / Eva Farlow – Place Manager
4 June 2020	NSW Volunteer Rescue Association	Nil comment provided	Nil response required	Place Services / Property & Place / Eva Farlow – Place Manager
4 June 2020	Mantej Singh & Jenny Omeara - Sydney Olympic Park Authorities	Nil comment provided	Nil response required	Place Services / Property & Place / Eva Farlow – Place Manager
4 June 2020	Heritage NSW	Erin McWhirter, Heritage NSW (refer to Attachment 4)	(Refer to Attachment 4)	Place Services / Property & Place / Eva Farlow – Place Manager

Councillor Consultation

14. The following Councillor consultation has been undertaken in relation to this matter. Please refer to Attachment 4 for further details:

Date	Councillor	Councillor Comment	Council Officer Response	Responsibility
25 February 2020	All	Nil comments provided	Nil responses required	Property Security, Assets & Services Unit / Property & Place / Colin Cordrey – Property Services Officer
4 June 2020	Email notification to All	Nil comments provided	Nil responses required	Place Services / Property & Place / Eva Farlow – Place Manager

FINANCIAL IMPLICATION FOR COUNCIL

15. The public consultation for the proposed road names was funded by Council. In 2020 financial year a budget of $15,000 was allocated to this project, funded by General Revenue. A total of $850 of design fees was spent in 2020 financial year and a further estimated $1,000 is expected to be paid in 2021 financial year.

16. Once the naming proposal is approved, including gazettal by the GNB, Council will arrange for the fabrication and installation of street signs (including the subject street poles and sign blades) at the Developer’s expense.

17. The notification to relevant government authorities and publishing in the Government Gazette is currently provided without charge by the GNB.

Eva Farlow

Place Manager

Bruce Mills

Group Manager Place Services

Alistair Cochrane

Acting Chief Financial Officer

Bryan Hynes

Director Property & Place

Brett Newman

Chief Executive Officer

Attachments:

1 ⇩	Carter Street Lidcombe Precinct Road Naming Proposal	1 Page
2 ⇩	Carter Street Precinct Naming the Roads, Streets, Lanes and Open Spaces Brochure	14 Pages
3 ⇩	Community Engagement - Key Findings and Engagement Evaluation Report	16 Pages
4 ⇩	Stakeholder and Councillor Consultation	7 Pages

REFERENCE MATERIAL

Council 10 August 2020 Item 18.1

INNOVATIVE

ITEM NUMBER 18.1

SUBJECT FOR APPROVAL: Post-exhibition: Planning Proposal, draft Development Control Plan and draft Planning Agreement at 33-43 Marion Street, Parramatta

REFERENCE RZ/9/2017 - D07390085

REPORT OF Project Officer, Land Use Planning

Landowner Multiple landowners (details provided in Attachment 6)

applicant Pacific Planning Pty Ltd

DEVELOPMENT APPLICATIONS CONSIDERED BY SYDNEY CENTRAL CITY PLANNING PANEL - Nil

PURPOSE:

To report to Council the outcome of the public exhibition of the Planning Proposal, draft site-specific Development Control Plan and draft Planning Agreement for land at 33-43 Marion Street, Parramatta, and to seek Council’s endorsement to:

· forward the Planning Proposal to the Department of Planning, Industry and Environment for finalisation;

· finalise the site-specific Development Control Plan; and

· enter into the Planning Agreement.

RECOMMENDATION

(a) That Council notes the submissions made during the public exhibition of the Planning Proposal, draft site-specific Development Control Plan and draft Planning Agreement at 33-43 Marion Street, Parramatta, a summary of which is provided at Attachment 2.

(b) That Council endorse for finalisation the Planning Proposal for land at 33-43 Marion Street (provided at Attachment 3) which seeks to amend Parramatta Local Environmental Plan 2011 by way of:

i. Increasing the height of buildings control from 12 metres to 80 metres;

ii. Increasing the floor-space ratio (FSR) control from 2:1 to 6:1 (6.9:1 with design excellence bonus);

iii. De-listing the heritage item at 37 Marion Street, Parramatta;

iv. Including a site-specific provision which allows for an additional 5 percent FSR bonus where the development achieves certain high performing building criteria;

v. Including a site-specific provision to require satisfactory arrangements for the provision of state infrastructure, as required by the Department of Planning, Industry and Environment; and

vi. Include a site specific provision to apply maximum car parking rates in accordance with the Parramatta CBD Strategic Transport Study, as required by Transport for NSW.

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

(d) That Council endorse for finalisation the site-specific Development Control Plan contained at Attachment 4 for insertion in Section 4.3.3 – Parramatta City Centre of Parramatta Development Control Plan 2011, including amendments following public exhibition relating to design controls for the through-site link.

(e) That Council delegate authority to the Chief Executive Officer to finalise the draft Planning Agreement after considering the amendments requested by the applicant but seeking to ensure that the final Planning Agreement satisfies the following principles:

i. That the Planning Agreement be substantially the same as the exhibited version (at Attachment 5);

ii. That Community Infrastructure be levied against all residential uplift that has been facilitated by the Planning Proposal;

iii. That if the development proposes a primarily residential development and any ancillary commercial development on this site is less than the current 2:1 base FSR then the commercial floor space provided should have no impact on the calculation of the community infrastructure payable;

iv. If the development proposed is a mixed-use development and the development provides commercial floor space greater than the 2:1 base FSR or entirely commercial development then no community infrastructure should be charged for any commercial floor space exceeding the 2:1 base FSR on this site. (Note community infrastructure is not applied to any base FSR regardless of the use of this floor space); and

v. That Community Infrastructure not be levied against any bonuses achieved under the Parramatta LEP 2011 (such as design excellence and high performing buildings) or other Environmental Planning Instruments (such as the Affordable Rental Housing or Seniors Housing SEPPs).

(f) That the Chief Executive Officer be authorised to sign the Planning Agreement on Council’s behalf.

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

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

PLANNING PROPOSAL TIMELINE

THE SITE

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

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

33 Marion Street	A single storey residential dwelling
35 Marion Street	A single storey residential dwelling
37 Marion Street	A single-storey residential dwelling currently identified as a Heritage Item in the Parramatta LEP 2011 (for which development consent has been granted for demolition)
39 Marion Street	A two-storey commercial building
41 Marion Street	A two-storey mixed-use building
43 Marion Street	A three-storey commercial building

Figure 1: The subject sites outlined in yellow

SUMMARY - PLANNING PROPOSAL, DRAFT DCP & PLANNING AGREEMENT

3. The Planning Proposal (refer to Attachment 3) seeks to amend the Parramatta Local Environmental Plan 2011 by:

· Increasing the maximum floor space ratio control from 2:1 to 6:1;

· Increasing the maximum building height control from 12 metres to 80 metres;

· Delisting the heritage item at 37 Marion Street;

· Including a site-specific provision which allows for an additional 5 percent FSR bonus where the development achieves certain high performing building criteria;

· Including a site-specific provision to require satisfactory arrangements for the provision of state infrastructure, as required by the Department of Planning, Industry and Environment; and

· Applying maximum car parking rates in line with the Parramatta CBD Strategic Transport Study (this report recommends amending the Planning Proposal to include this control).

4. Following application of maximum car parking rates in accordance with the Parramatta Strategic Transport Study rates, this Planning Proposal will be consistent with the Parramatta CBD Planning Proposal as outlined in Table 1 below.

Table 1: Summary of proposed controls

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

¹ Following inclusion of amendments recommended in this report

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

5. The site-specific Development Control Plan has been drafted in accordance with the built-form recommendations of the Marion Street Precinct Plan which was endorsed by Council at its meeting on 25 November 2019.

6. The site-specific Development Control Plan, as provided at Attachment 4, seeks to:

· Provide an improved, pedestrian-friendly environment;

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

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

· Ensure a suitable interface with adjoining heritage items; and

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

7. A draft Planning Agreement (Attachment 5) has been drafted in accordance with Council’s Planning Agreements Policy and provides for a monetary contribution of $1,420,500 if the site is developed as a mixed-use building.

8. It is acknowledged that Council is currently undertaking a review of the community infrastructure rates. Therefore, the Planning Agreement has been drafted in a manner so that the monetary contribution amount can be amended, should Council adopt different community infrastructure rates as part of the Parramatta CBD Community Infrastructure framework so the contribution paid is consistent with Council’s Policy at the time the payment is made.

PUBLIC EXHIBITION

9. The Planning Proposal, draft DCP and draft Planning Agreement relating to 33-43 Marion Street, Parramatta, were publicly exhibited from 22 May 2020 to 22 June 2020 in accordance with relevant provisions of the Gateway Determination and Environmental Planning and Assessment Regulations 2000.

10. Six (6) submissions were received during the public exhibition period. This includes two submissions from the state agencies identified in the Gateway Determination (Heritage NSW and a consolidated submission from Transport for NSW and Roads and Maritime Services) and four submissions from members of the community. A summary of each submission and Council Officers responses are provided in the submission table at Attachment 2.

11. Key issues raised in submissions are summarised as follows:

· Parking: maximum car parking rates in accordance with the CBD Strategic Transport Study need to be applied in the Planning Proposal.

· Heritage: the Planning Proposal will adversely impact surrounding heritage items.

· Neighbourhood character and change: the proposal is out of character with the existing surrounding low to medium density residential area and the proposed changes to neighbourhood character are not supported.

· Amenity: there is insufficient community infrastructure in the area and the development will undermine the quality of life of residents already in the area.

· Environmental Risk: the area surrounding the site is landslide prone and any excavation would undermine the structural stability of surrounding buildings.

· Through-site link design: insufficient detail is provided in the DCP which would ensure that the proposed through-site link is legible, open to the sky and safe for pedestrians.

12. Detailed Council Officer responses to the submissions are detailed in Attachment 2. Overall, the assessment concludes that given the Planning Proposal is consistent with the Parramatta CBD Planning Proposal, which is seeking to implement the State Government policy to establish the Parramatta CBD as Sydney’s Central City. Further, impacts and issues raised in submissions reflect the transition to the Central City or will be addressed by State Government and Council strategies that seek to deliver the Central City and the infrastructure required to support it.

13. Following submissions, amendments to both the Planning Proposal and the site specific DCP are proposed as follows:

a. The Planning Proposal is to be amended to apply maximum car parking rates in accordance with the CBD Strategic Transport Study.

b. The site-specific DCP is to include an additional objective as follows - ensure through-site links provide a high level of pedestrian amenity, safety and security.

c. The site-specific DCP is to include an additional control as follows - the through-site link is to be legible, provide a clear path of travel, open to the sky and well-lit at night

14. Council Officers are satisfied that re-exhibition of the Planning Proposal and draft DCP would not be required as the above amendments are minor and do not result in a greater environmental impact than what was exhibited.

PARRAMATTA LOCAL PLANNING PANEL

15. Council resolved on 14 May 2018 to refer Planning Proposals to the Local Planning Panel where a submission has been received during the public exhibition process, which requests that the Planning Proposal be amended. The Panel provides advice to Council on whether the Planning Proposal should be amended and whether or not to forward it to the Department of Planning, Industry and Environment for finalisation.

16. At its meeting on 21 July 2020, the Parramatta Local Planning Panel, in issuing its advice to Council, supported the Council Officer’s recommendations and advised Council to forward the Planning Proposal to the Department of Planning, Industry and Environment so that the Planning Proposal can be finalised (refer to Local Planning Panel Report and minute at Attachment 1).

PLANNING AGREEMENT

17. The applicant requested on 18 June 2020 (following public exhibition) an amendment to the draft Planning Agreement. The changes they have proposed to the Planning Agreement document exhibited suggest changes to definitions and the formula for calculating the contribution.

18. Council Officers are seeking Council endorsement to authorise the Chief Executive Officer to consider the applicants proposed changes and to finalise the draft Planning Agreement in accordance with the following principles:

a. That the Planning Agreement be substantially the same as the exhibited version (at Attachment 5).

b. That Community Infrastructure be levied against all residential uplift that has been facilitated by the Planning Proposal.

c. That if the development proposes a primarily residential development and any ancillary commercial development on this site is less than the current 2:1 base FSR then the commercial floor space provided should have no impact on the calculation of the community infrastructure payable.

d. If the development proposed is a mixed-use development and the development provides commercial floor space greater than the 2:1 base FSR or entirely commercial development then no community infrastructure should be charged for any commercial floor space exceeding the 2:1 base FSR on this site. (Note community infrastructure is not applied to any base FSR regardless of the use of this floor space).

e. That Community Infrastructure not be levied against any bonuses achieved under the Parramatta LEP 2011 (such as design excellence and high performing buildings) or other Environmental Planning Instruments (such as the Affordable Rental Housing or Seniors Housing SEPPs).

CONCLUSION AND NEXT STEPS

19. It is recommended Council endorse the Planning Proposal, subject to it being amended to include maximum car parking rates in accordance with the CBD Strategic Transport Study. It is also recommended that Council endorse the draft site-specific Development Control Plan, noting it has been amended post-exhibition to provide greater clarity regarding the design of the through-site link.

20. Once the drafting of the Planning Agreement has been finalised, it is recommended that the CEO sign the Planning Agreement of Council’s behalf which would legally bring into force the agreement.

21. Subject to Council’s resolution, Council officers will forward the Planning Proposal to the Department of Planning, Industry and Environment for finalisation but request that the final notification of the LEP amendment only be undertaken once Council confirms that the Planning Agreement has been executed. The Development Control Plan will come into effect when the LEP amendment comes into effect.

FINANCIAL IMPLICATION FOR COUNCIL

22. The Planning Agreement requires a monetary contribution in the amount of $1,420,500 if the site is developed for mixed-use purposes and is to be applied in the Parramatta CBD.

23. The value of the monetary contribution in the draft Planning Agreement is based on Council’s Parramatta CBD Community Infrastructure Framework. A 10 April 2017 Council resolution to prepare a Draft Development Guideline pertaining to value sharing set out the negotiating position for Planning Agreements within the CBD. The resolution specified that a rate of $150 per square metre should be applied to increases in residential floor space capacity when comparing the current (or Base) FSR to the Incentive FSR in the Parramatta CBD Planning Proposal (in this case the Incentive FSR is 6:1). A rate of $350 per square metre should apply to any increased residential floor space capacity above the Incentive FSR (excluding design excellence and high performing buildings bonuses).

24. The calculations in Table 2 demonstrate how the contribution amount has been determined using this framework. It should be noted that this Planning Proposal does not allow for residential floor space above 6:1 (excluding design excellence and high performing building bonuses) and so the $350 rate does not apply to this proposal.

Table 2: Calculation of monetary contribution

Development parameters
Site Area	2,367.5 m²
Base FSR	2:1
Incentive FSR (Phase 1)	6:1
Phase 1 calculation
Incentive FSR minus base FSR	6:1 - 2:1 = 4:1
Increase in FSR multiplied by site area	4 x 2,367.5 = 9,470 m²
Increase in floor area multiplied by $150	9,470 x $150 = $1,420,500
Total	$1,420,500

25. However, the Planning Agreement has been drafted in a manner so that the monetary contribution amount can be amended should Council adopt different community infrastructure rates in the future as part of the Parramatta CBD Community Infrastructure framework.

Marko Rubcic

Project Officer, Land Use Planning

Bianca Lewis

Team Leader Land Use Planning

Robert Cologna

Land Use Planning Manager

David Birds

Group Manager, City Planning

Alistair Cochrane

Acting Chief Financial Officer

Jennifer Concato

Executive Director City Planning and Design

Brett Newman

Chief Executive Officer

Attachments:

1 ⇩	Local Planning Panel Report and Minute	15 Pages
2 ⇩	Submissions Table	9 Pages
3 ⇩	Planning Proposal	58 Pages
4 ⇩	Draft Development Control Plan	5 Pages
5 ⇩	Draft Planning Agreement	29 Pages
6 ⇩	List of Landowners	1 Page

REFERENCE MATERIAL

Governance Manager		Lord Mayor Clr Bob Dwyer	Chief Executive Officer

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


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