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, 10 August 2020 AT 6.30pm

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 6.33pm.

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 27 July 2020
2849	RESOLVED      (Tyrrell/Garrard) 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

There were no declarations of interest made at this meeting.

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         Condolence Motion: Beirut, Lebanon Tragedy REFERENCE   F2019/03630 - D07578798 REPORT OF Lord Mayor, Councillor Bob Dwyer
2850	RESOLVED      (Dwyer/Issa) (a)    That Council acknowledge the tragic loss of life, and those injured, in the Beirut, Lebanon explosion on Tuesday 4 August 2020. (b)    That Council note our own formal condolences are being sent to the Consulate General of Lebanon in Sydney, and a copy of this Minute will be shared with them. (c)    That Council note that Lebanon’s national flag will be flown at half-mast from today, Monday, 10 August 2020, for one week on the Parramatta River foreshore in solidarity with the people of Beirut and our Australian-Lebanese community. (d)    That Council note an online condolence book has been established on Council’s website for the Parramatta community to leave messages of condolence and support for the people of Beirut, and those affected locally. (e)    Further, that the Chamber hold a minutes silence as a mark of mourning and respect.
	Note:  The Chamber observed a minutes silence.

9.2

SUBJECT         Thanking the Parramatta Community REFERENCE   F2019/03630 - D07556345 REPORT OF Lord Mayor, Councillor Bob Dwyer

2851

RESOLVED      (Dwyer/Esber) (a)    That Council thank and congratulate the many community groups, organisations and volunteers detailed in this Lord Mayor Minute at Attachment 1 for their extraordinary ongoing efforts to support the people of the City of Parramatta in the face of the COVID-19 pandemic. (b)    That Council note the support provided by these organisations has been across a wide range of areas, from emergency food provision to activities reducing the impacts of social isolation, and that these organisations have shown incredible resilience and adapted their services when faced with these new challenges. (c)    That Council note this list of organisations is not exhaustive, and that there are many more in our City who have made exceptional contributions to support and keep this community well and safe. (d)    Further, that Council update the existing COVID-19 information page on the City of Parramatta website to include this list of community organisations.

9.3

SUBJECT         75th Anniversary of Victory in the Pacific Day - 15 August 2020 REFERENCE   F2019/03630 - D07578813 REPORT OF Lord Mayor, Councillor Bob Dwyer

2852

RESOLVED      (Dwyer/Davis) (a)    That Council note that Victory in the Pacific Day (VP Day) will be commemorated on Saturday 15 August, marking the 75^th anniversary of the conclusion of World War II. (b)    That Council honours all of our servicemen and women, past and present, and pays tribute to the 1^st/15^th Royal New South Wales Lancers of Parramatta, the Lancer Association, and sub-Branches of Parramatta and Epping RSLs for their long-standing history of proudly supporting our nation and community. (c)    That Council note that a ‘Victory in the Pacific Online Experience’ has been created by Council, where the community can discover and explore a range of historical articles, artefacts, profiles and local stories. (d)    That Council note acknowledgement letters from the Lord Mayor to Parramatta and Epping RSL sub-Branches have been prepared, and will be sent to note this significant anniversary and their ongoing contributions. (e)    That Council note arrangements have been made to lay commemorative wreaths at Parramatta and Epping cenotaphs this Saturday, 15 August on behalf of the Lord Mayor, Councillors and Citizens of the City of Parramatta. (f)     Further, that Council write to World War II veterans who reside in the Parramatta Local Government Area to commemorate and acknowledge this significant anniversary.

9.4

SUBJECT         LGNSW Local Government Week Awards 2020 REFERENCE   F2019/03630 - D07579250 REPORT OF Lord Mayor, Councillor Bob Dwyer

2853

RESOLVED      (Dwyer/Tyrrell) (a)    That Council note our recent win at the Local Government NSW Local Government Week Awards 2020, with Council winning the LGNSW 2020 Planning Award – Culture Change, Innovation and Excellence for ‘Planning a 24-hour city: Parramatta Night City Framework 2020-2024’. (b)    That Council congratulate the Council officers involved in the development of this framework, led by the Economic Development and City Strategy teams, on this win and thank them for their hard work and commitment to the City. (c)    Further, that Council note a number of other Council projects and initiatives were nominated in the LGNSW Local Government Week Awards, and Council congratulates the teams responsible for these projects on this achievement and thanks them for their valuable contributions.

10.   Public Forum

There were no public forum submission at this meeting.

11.   Petitions

There were no petitions tabled at this meeting.

12.   Rescission Motions

Nil

13.   Fair

Nil

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 - D07250475 REPORT OF    Group Manager - Development and Traffic Services
2854	RESOLVED      (Esber/Tyrrell) That the report be received and noted.

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

2855

RESOLVED      (Wilson/Bradley) (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)    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. (c)    Further, that a Councillor Workshop be organised to discuss the design and content of the ‘Parking Information Pamphlet’ prior to dissemination.

15.   Green

Nil

16.   Welcoming

Nil

17.   Thriving

17.1

SUBJECT         FOR APPROVAL: Advocacy for Expansion of Parramatta Justice Precinct and Permanent Supreme Court REFERENCE   F2018/02357 - D07546165 REPORT OF Project Officer

2856

RESOLVED      (Bradley/Tyrrell) (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 including both Federal and State Attorney-General’s Department to establish a coalition to advocate for an increased Federal and State 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.

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

2857

RESOLVED      (Prociv/Tyrrell)

(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.

18.   Innovative

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
		MOTION          (Garrard/Esber) (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.
		AMENDMENT  (Barrak/Wearne) (a)    That there be no changes to the planning controls for the Marion Street Precinct such that it remains as per the Parramatta LEP 2011 as recommended by the ‘Urbis Heritage Study’ (which considered the entire CBD Planning Proposal boundary area) and the ‘Hector Abraham Architects (HAA) Heritage Study of Interface Areas’ (which considered the interface areas between the Parramatta CBD core and the heritage conservation areas/lower scale residential areas adjoining). (b)    That Council notes that a ‘Heritage Study of Interface Areas – Peer Review’ was commissioned by the Department of Planning Industry and Environment and that this was prepared by consultants GML, and that GML also recommended no changes to the planning controls for the Marion Street as per Parramatta LEP 2011. (c)    Further, that the Marion Street Precinct be identified as a Heritage Conservation Area as recommended by the HCA Heritage Study.
		During debate on the amendment moved by Councillor Barrak, seconded by Councillor Wearne, a foreshadowed amendment was moved by Councillor Davis.
		During further debate on the amendment moved by Councillor Barrak, seconded by Councillor Wearne, a second foreshadowed amendment was moved by Councillor Bradley.
		Note: 1.     The Lord Mayor left the Chamber at 7:24pm during consideration of the amendment moved by Councillor Barrak and seconded by Councillor Wearne. 2.     The Deputy Lord Mayor, Councillor Garrard assumed the Chair at 7:24pm. 3.     The Lord Mayor returned to the Chamber at 7:27pm and resumed the Chair during consideration of the amendment moved by Councillor Barrak and seconded by Councillor Wearne.
		The amendment moved by Councillor Barrak and seconded by Councillor Wearne on being put was declared LOST on the Mayor’s Casting Vote. DIVISION         A division was called, the result being:- AYES:              Councillors Barrak, Bradley, Davis, Pandey, Prociv, Wearne and Wilson NOES:              Councillors Dwyer, Esber, Garrard, Issa, Jefferies, Tyrrell and Zaiter
		The foreshadowed amendment moved by Councillor Davis then became the amendment.
		AMENDMENT  (Davis/Wilson) That the matter be deferred, as recommended by the Heritage Council of NSW, until the Parramatta CBD Planning Proposal is resolved. The amendment moved by Councillor Davis and seconded by Councillor Wilson on being put was declared LOST on the Mayor’s Casting Vote.
		DIVISION         A division was called, the result being:- AYES:              Councillors Barrak, Bradley, Davis, Pandey, Prociv, Wearne and Wilson NOES:              Councillors Dwyer, Esber, Garrard, Issa, Jefferies, Tyrrell and Zaiter
	The foreshadowed amendment moved by Councillor Bradley then became the amendment.
	AMENDMENT  (Bradley/Barrak) That Council: (a)    Notes the earlier Urbis Heritage Report and Administrator’s decision in relation to preserving the heritage values of this area; (b)    Supports the Heritage Council of NSW’s recommendation in relation to this proposal “that the Parramatta CBD Planning Proposal be resolved prior to further consideration of individual site-specific planning proposals seeking increases in density”; (c)    Makes no further decisions on this planning proposal until after it has considered a detailed independent report about the history of this project including the alleged involvement of a former Council property development manager and any other staff involved. The amendment moved by Councillor Bradley and seconded by Councillor Barrak on being put was declared LOST. DIVISION         A division was called, the result being:- AYES:              Councillors Barrak, Bradley, Davis, Pandey and Prociv NOES:              Councillors Dwyer, Esber, Garrard, Issa, Jefferies, Tyrrell and Zaiter The Amendment was LOST.
	Note: 1.     Councillor Wilson left the Chamber at 8:20pm and returned at 8:23pm and was not present for the vote taken on the amendment moved by Councillor Bradley and seconded by Councillor Barrak. 2.     Councillor Wearne left the Chamber at 8:20pm and returned at 8:23pm and was not present for the vote taken on the amendment moved by Councillor Bradley and seconded by Councillor Barrak.

	Procedural Motion
2858	RESOLVED      (Dwyer/Tyrrell) That the meeting adjourn for a short recess.

Note: The meeting was adjourned at 8:23pm for a short recess.

	Procedural Motion
2859	RESOLVED      (Dwyer/Tyrrell) That the meeting resume.

The meeting resumed in the Council Chambers at 8:30pm with the following Councillors in attendance: The Lord Mayor, Councillor Dwyer and Councillors Barrak, Bradley, Davis, Esber, Garrard (Deputy Lord Mayor), Issa, Jefferies, Pandey, Prociv, Tyrrell, Wilson, Wearne and Zaiter.

	The motion moved by Councillor Garrard and seconded by Councillor Esber on being put was declared CARRIED on the Lord Mayor’s Casting Vote. DIVISION         A division was called, the result being:- AYES:              Councillors Dwyer, Esber, Garrard, Issa, Jefferies, Tyrrell and Zaiter NOES:              Councillors Barrak, Bradley, Davis, Pandey, Prociv, Wearne and Wilson
2860	RESOLVED      (Garrard/Esber) (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.
	Note: A Notice of Motion of Rescission signed by Councillors Barrak, Bradley and Wilson was lodged after the close of the meeting in relation to this matter.

19.   Notices of Motion

19.1	SUBJECT         NOTICE OF MOTION: Automated Pedestrian Crossings and Use of Sensors REFERENCE   F2019/04433 - D07561700 FROM Councillor Pandey
2861	RESOLVED      (Pandey/Barrak) (a)    That Council write to Transport for NSW to extend its Automated Pedestrian Crossings Program to identify high use pedestrian crossings in the City of Parramatta around universities, schools and the Parramatta CBD and automate these pedestrian crossings to reduce the risk of infection due to touch of the pedestrian buttons. (b)    That given the current COVID-19 crisis, Council write to Transport for NSW advocating for contactless interactions throughout the City, particularly in high pedestrian traffic areas, including within the public domain, and specifically for pedestrians wanting to cross signalised intersections. (c)    Further, that Council write to Transport for NSW asking them to consider the installation of sensors to activate the control at signalised intersections as soon as possible.
	Note: Councillor Garrard left the Chamber at 8:32pm and returned at 8:34pm during consideration of Item 19.1.

20.   Questions on Notice

Nil

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

21.    CLOSED SESSION

2862

RESOLVED      (Tyrrell/Esber) 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: 21 Sturt Street, Telopea - Future Occupation of Premises. (D07315810) - This report is confidential in accordance with section 10A (2) (c) (d) of the Local Government Act 1993 as the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business; AND the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

21.1	SUBJECT         FOR APPROVAL: 21 Sturt Street, Telopea - Future Occupation of Premises REFERENCE   F2019/04434 - D07315810 REPORT OF Property Services and Space Management Manager
2863	RESOLVED      (Garrard/Esber) (a)    That Council lease part of the Dundas Area Neighbourhood Centre located at 21 Sturt Street, Dundas, to Dundas Area Neighbourhood Centre Incorporated on the terms and conditions outlined in paragraph 8 of this report. (b)    Further, that Council delegate authority to the Chief Executive Officer to sign all documents in connection with this matter.

	Procedural Motion
2864	RESOLVED      (Tyrrell/Esber) That the meeting resume into Open Session.

22.   REPORTS OF RESOLUTIONS PASSED IN CLOSED SESSION

The Executive Director Corporate Services read out the resolution for Item 21.1.

23.   CONCLUSION OF MEETING

The meeting terminated at 8:45pm.

THIS PAGE AND THE PRECEDING 13 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON MONDAY, 10 AUGUST 2020 AND CONFIRMED ON MONDAY, 24 AUGUST 2020.

Chairperson