NOTICE OF Council MEETING
AGENDA - A
An Ordinary Meeting of City of Parramatta Council will be held in the Cloister Function Rooms, St Patrick's Cathedral, 1 Marist Place, Parramatta on Monday, 24 August 2020 at 6:30pm.
Note: Members of the public will not be able to attend the meeting in person but
will be able to view the live stream video on Council’s website.
CHIEF EXECUTIVE OFFICER
TABLE OF CONTENTS
11 Rescission Motions
11.1 RESCISSION MOTION: Item 18.1 Council Meeting 10 August 2020 - Post-exhibition: Planning Proposal, draft Development Control Plan and draft Planning Agreement at 33-43 Marion Street, Parramatta.................. 3
12.3 LATE REPORT FOR NOTATION: Excluded Agenda Item................... 131
18 Notices of Motion
18.1 NOTICE OF MOTION: Peninsula Park Wentworth Point............................. 134
21 Closed Session
21.2 LATE REPORT FOR APPROVAL: Council Office Accomodation
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.
ITEM NUMBER 11.1
SUBJECT RESCISSION MOTION: Item 18.1 Council Meeting 10 August 2020 - Post-exhibition: Planning Proposal, draft Development Control Plan and draft Planning Agreement at 33-43 Marion Street, Parramatta
REFERENCE RZ/9/2017 - D07581532
REPORT OF Councillor Barrak
To be moved by Councillor Barrak and seconded by Councillors Bradley and Wilson as per Rescission Motion form signed and submitted on 11 August 2020 after the close of the meeting.
That the resolution of the Council held on 10 August 2020 in relation to Item 18.1 – Post-exhibition: Planning Proposal, draft Development Control Plan and draft Planning Agreement at 33-43 Marion Street, Parramatta namely:
(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.
Should the rescission motion be successful, the following motion is proposed:
(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 Heritage ("GML"), and that GML also recommended no changes to the planning controls for the Marion Street as per Parramatta LEP 2011.
(c) That the Marion Street Precinct be identified as a Heritage Conservation Area as recommended by the HM Heritage Study.
(d) Further, that the heritage item at 37 Marion Street Parramatta not be de-listed.
Previous Council Report 10 August 2020 (Item 18.1)
ITEM NUMBER 12.3
SUBJECT LATE REPORT FOR NOTATION: Excluded Agenda Item
REFERENCE F2019/04433 - D07592282
REPORT OF Governance Manager
To report to Council an item of business which has been excluded from the agenda, as required by paragraph 3.20 of Council’s Code of Meeting Practice.
That the report be received.
1. Council is in receipt of an item of business which, based on external legal advice, contravenes clause 9.12 of Council’s Code of Conduct and possibly clauses 9.10 and 9.11 of that Code.
2. Clauses 9.10, 9.11 and 9.12 of the Code provide that (bold added):
9.10 All allegations of breaches of this code must be dealt with under and in accordance with the Procedures.
9.11. You must not allege breaches of this code other than by way of a complaint made or initiated under the Procedures.
9.12 You must not make allegations about, or disclose information about, suspected breaches of this code at council, committee or other meetings, whether open to the public or not, or in any other forum, whether public or not.
3. Additionally, paragraph 3.20 of Council’s Code of Meeting Practice states:
3.20 The CEO must not include in the agenda for a meeting of the council any business of which due notice has been given if, in the opinion of the CEO, the business is, or the implementation of the business would be, unlawful. The CEO must report, without giving details of the item of business, any such exclusion to the next meeting of the council.
4. The legal advice has confirmed that the relevant item of business is unlawful as it relates to matters referred to in clauses 9.10, 9.11 and 9.12 of the Code of Conduct and accordingly, in accordance with clause 9.12 of the Code, may not be disclosed at Council.
5. Based on external legal advice, the Code of Conduct and paragraph 3.20 of the Code of Meeting Practice, the CEO has determined not to include in the agenda for this meeting the item of business and to report the exclusion of the matter to the Council, as required by paragraph 3.20.
6. The relevant item of business is, based on external legal advice, business which is, or the implementation of the business would be, unlawful.
7. The CEO has determined not to include the relevant item of business in the agenda for this meeting.
8. The CEO must not disclose details of the item of business when reporting the business that will be excluded from the agenda.
9. This report satisfies the requirements of paragraph 3.20 of Council’s Code of Meeting Practice, whereby the CEO must report (without details) any such exclusion to the next meeting of the Council.
CONSULTATION & TIMING
10. The following stakeholder consultation has been undertaken in relation to this matter:
Council Officer Response
11. The following Councillor consultation has been undertaken in relation to this matter:
Council Officer Response
Email to Councillor advising item of business cannot be accepted
FINANCIAL IMPLICATION FOR COUNCIL
12. The cost of receiving external advice on the lawfulness of the motion is in the order of $2,000. This amount is provided for within Council’s existing legal services budget.
Group Manager Legal Services
Chief Financial Officer
Executive Director Corporate Services
Chief Executive Officer
There are no attachments for this report.
ITEM NUMBER 18.1
SUBJECT NOTICE OF MOTION: Peninsula Park Wentworth Point
REFERENCE DA/875/2017/A - D07582478
FROM Councillor Prociv
(a) That the delivery of the Peninsula Park Wentworth Point, a key piece of infrastructure required to service the existing and future active and passive recreation needs of the people of Wentworth Point, be recognised and listed as a high priority for the City of Parramatta.
(b) That Council write to the State Government agencies and Ministers responsible for the delivery of Peninsula Park seeking immediate assurances that funds have been allocated and are available for forthcoming and final construction stages of Peninsula Park.
(c) That Council seek a schedule of works and completion date for Peninsula Park.
(d) Further, that copies of key correspondence between Council and relevant NSW State Government agencies relating to the Peninsula Park project be made available to Councillors in accordance with Council’s policies.
1. No background was provided.
DIRECTOR, PROPERTY & PLACE RESPONSE
2. City of Parramatta (CoP) recognises the substantial population growth at Wentworth Point. Wentworth Point is identified in Council’s ‘Community Strategic Plan 2018-2038’ as one of CoP’s “Major Precincts” and in Council’s ‘Community Infrastructure Strategy’ (CIS) as a “High-Growth Precinct”.
3. In relation to Wentworth Point Council’s CIS states that “Green open space and recreation facilities are severely limited under current planning schemes and there is limited public access to the foreshore in places.” The CIS also states that “Community infrastructure, particularly open space, should be provided as a priority in Wentworth Point in advance of further growth.” The future Peninsula Park will play a critical role in enhancing foreshore access, and addressing the need for additional public open space to support active and passive recreation.
4. APP were hired by Landcom as their Project Manager for the delivery of Peninsula Park ‘stage one’. ‘Stage one’ works included:
a. Demolition of existing structures;
b. Bulk earthworks, remediation and capping of approx. two hectares of contaminated land;
c. Safe removal of underground electrical cables; and
d. Earthworks to facilitate construction of a new roadway.
5. ‘Stage one’ works were completed in the second half of last year (2019) and settlement and site compaction was completed earlier this year (2020). The final element of ‘stage one’ was a s4.55 modification to the original development application. Council has finalised the conditions of consent which were sent to APP on Friday 14 August 2020.
6. Officers support seeking confirmation that funds are allocated and available for construction of the next stage of Peninsula Park, along with a schedule of works and completion date for the project. This information would support item 126.96.36.199 of Council's 'Delivery Program, Operational Plan and Budget 2020/21': "Work with stakeholders to prepare Precinct Plans in key precincts including Wentworth Point".
7. Council has worked with the State Government since 2016 to provide support required to progress the Peninsula Park project. The City Planning and Design team has kept in regular contact with APP to collate comments from the various internal Council teams to progress designs and the development application. The Rosehill ward Place Manager has also maintained regular contact with Transport for NSW and Landcom in an attempt to progress a delivery agreement.
8. In relation to the request for key correspondence set out in part (d) of the above Notice of Motion, note that prior correspondence on this matter is not required for Council to make a decision to resolve to support (or not) the proposed resolutions set out in (a) to (c) above.
9. However, if Councillors resolve to be provided the key correspondence (as referred to in part (d) of the above Notice of Motion), then Council note that correspondence will be provided in accordance with Council’s policies relating to the provision of information to Councillors, including Part 8 - Access to Information and Council Resources of the Code of Conduct and relevant GIPA legislation.
FINANCIAL AND RESOURCE IMPLICATIONS
10. This Notice of Motion does not have a financial or resource implication for Council. The letters to be drafted and sent pursuant to this Notice of Motion will be progressed through Council’s normal course of business.
11. It is noted that, at amalgamation, City of Parramatta Council inherited a 30 June 2014 Agreement between the (then) NSW Department of Planning and Environment, Landcom and the former Auburn City Council where "To cater for the urban community’s demand for open space, UrbanGrowth NSW will design and construct a 3.9 hectare peninsula park." Pursuant to that Agreement, there are no costs attributable to Council for the planning or embellishment of the future peninsula park. However, once the park is delivered in complete form, Council will be responsible for ongoing operational maintenance and cleansing.