Agenda of Council - Monday, 12 October 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, 28 September 2020 AT 6:30pm

These are draft minutes and are subject to confirmation by Council at its next

meeting. The confirmed minutes will replace this draft version on the website once

confirmed.

PRESENT

The Lord Mayor, Councillor Bob Dwyer and Councillors Benjamin Barrak, Phil Bradley, Donna Davis, Pierre Esber, Michelle Garrard (Deputy Lord Mayor), Steven Issa, Andrew Jefferies, Sameer Pandey, Dr Patricia Prociv, Bill Tyrrell, Andrew Wilson, Lorraine Wearne and Martin Zaiter.

1. OPENING MEETING

The Lord Mayor, Councillor Bob Dwyer, opened the meeting at 6:30pm.

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

No other announcements were made.

5. CONFIRMATION OF MINUTES

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

2904

RESOLVED (Tyrrell/Garrard)

(a) That the minutes be taken as read and be accepted as a true record of the Meeting; and

(b) Further, that a note be added under Item 19.1 that reads:
“Note: During discussion of this item Councillor Wearne and Councillor Bradley were disconnected from their online attendance for the rest of the meeting.”

6. APOLOGIES/REQUESTS FOR LEAVE OF ABSENCE

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

7. DECLARATIONS OF INTEREST

Councillor Esber declared a non-pecuniary and less than significant interest in Item 20.1 being Legal Status Report as at 9 September 2020, as his son was an employee of an item listed in the report. He left the Chamber during consideration and prior to voting of this item.

8. Minutes of the Lord Mayor

8.1

SUBJECT 200th Anniversary of the Lancer Barracks

REFERENCE F2019/03630 - D07664404

REPORT OF Lord Mayor, Councillor Bob Dwyer

2905

RESOLVED (Dwyer/Tyrrell)

(a) That Council commemorate the 200^th Anniversary of the Lancer Barracks at Parramatta in November 2020 by:

i. Developing a commemorative program of heritage articles, publications and photos focusing on the history and service of the Lancer Barracks, delivered as part of the Civic Program;

ii. Developing a media and communications plan to commemorate the anniversary, with the key objectives being to ‘Commemorate’, ‘Educate’ and ‘Support’ through:

Website, editorials, media releases, newspaper advertisements, social media campaign, Lord Mayor’s column, internal and external publications

iii. Sending acknowledgement letters from the Lord Mayor to the NSW Lancers’ Memorial Museum, the Royal New South Wales Lancer Association and the 1^st/15^th Royal New South Wales Lancers noting this significant anniversary; and

(b) Further, that Council continue to liaise with the NSW Lancers’ Memorial Museum, Royal New South Wales Lancer Association and 1^st/15^th Royal New South Wales Lancers in the development of this program, and support associated activities to commemorate this significant milestone including commemorative services.

8.2

SUBJECT Condolence Motion - Kevin Hession

REFERENCE F2019/03630 - D07664431

REPORT OF Lord Mayor, Councillor Bob Dwyer

2906

RESOLVED (Dwyer/Tyrrell)

(a) That Council acknowledge the passing of Kevin Hession, offering our condolences to his family and friends;

(b) That the Chamber hold a minutes silence as a gesture of respect on his passing and in recognition of his dedication to the Parramatta community; and

9. Public Forum

Nil

10. Petitions

There were no petitions tabled at this meeting.

11. Rescission Motions

Nil

12. Fair

12.1

SUBJECT FOR NOTATION: Investment Report for August 2020

REFERENCE F2009/00971 - D07627393

REPORT OF Tax and Treasury Accountant

2907

RESOLVED (Esber/Garrard)

That Council note the Investment Report for August 2020.

12.2

SUBJECT FOR APPROVAL: Election of the Deputy Lord Mayor

REFERENCE F2019/04433 - D07550793

REPORT OF Governance Manager

2908

RESOLVED (Tyrrell/Esber)

(a) That in accordance with Schedule 7 of the Local Government (General) Regulation 2005, the Acting Chief Executive Officer, as the Returning Officer, conduct the Election of the Deputy Lord Mayor.

(b) That the term of the Deputy Lord Mayor be for one (1) year.

(d) That the Office of Local Government and Local Government NSW be informed of the result of the election; and

(e) Further, that Local Members, surrounding Councils and Western Sydney Regional Organisation of Councils (WSROC) be informed of the result of the election.

The Acting Chief Executive Officer (Acting CEO), as Returning Officer, then conducted the election of the Deputy Lord Mayor.

The Acting CEO advised that two (2) nominations had been received for the role of Deputy Lord Mayor, being:

- Councillor Garrard, and

- Councillor Prociv

There having been two (2) nominations received, the names of both candidates were written on slips of paper and placed in a barrel and the names were drawn from the barrel in the following order:

- Councillor Prociv

- Councillor Garrard

Those voting for Councillor Prociv were asked to raise their hands and the following votes were recorded:

Councillors Davis, Prociv, Esber, Pandey and Bradley – 5 votes.

Those voting for Councillor Garrard were then asked to raise their hands and the following votes were recorded:

Councillors Wearne, Wilson, Jeffries, Tyrrell, Barrak, Zaiter, Issa, Dwyer and Garrard – 9 votes.

The Acting CEO then declared Councillor Michelle Garrard duly elected Deputy Lord Mayor for the remaining term of Council.

Procedural Motion

2909

RESOLVED (Tyrrell/Zaiter)

That the meeting be adjourned for ten (10) minutes.

Note: The meeting was adjourned at 6.47pm for a short recess.

Procedural Motion

2910

RESOLVED (Tyrrell/Zaiter)

That the meeting resume.

The meeting resumed in the Council Chambers at 6.58pm with the following Councillors in attendance: 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.

12.3

SUBJECT FOR APPROVAL: Closure of Council Actions

REFERENCE F2019/04433 - D07593774

REPORT OF Governance Manager

MOTION (Tyrrell/ Issa)

That Council approve the closure of the following Council resolutions without further action:

Date	Min #	Item # / Subject	Reason
24/9/2018	1620	Item 13.2 – Continuation of Council Funded Supplementary Policing for 2018/19 being: (a) That Council continue the annual program for 2018/19 and allocate a budget of $150,000 for that program. (b) Further, that an evaluation of the program be conducted and reported to Council at the conclusion of the program in 2019.	Budget not available.
24/9/2018	1630	Item 14.9 – Aboriginal Heritage – Amendments to Parramatta DCP 2011 Item (f) only, being: (f) Further, that Council endorse in principle the undertaking by Council staff of an Aboriginal Oral History study for the whole of the City of Parramatta Local Government Area and that Council staff be requested to prepare a business case for consideration in the preparation of the 2019/20 budget to allocate appropriate funding for this.	Budget not available.
29/10/2018	1713	Item 13.3 – Planning Proposal for land at 56-72 Dudley Street & 55-71 Crowgey Street, Dundas Item (c) only, being: (c) That in response to the State Government’s Greater Parramatta and Olympic Park Peninsula (GPOP) document and the Parramatta Light Rail Stage 1 project, that Council commence a structure plan process for the corridor from Rosehill to Carlingford to inform future land uses, densities and supporting infrastructure, including but not limited to, schools, open space and roads.	Action is redundant.

AMENDMENT (Bradley/ Esber)

That Council approve the closure of the following Council resolutions without further action, except for item 14.9 Aboriginal Heritage which is to be deferred in the same terms, except that this be considered for the 2021/22 budget.

Date	Min #	Item # / Subject	Reason
24/9/2018	1620	Item 13.2 – Continuation of Council Funded Supplementary Policing for 2018/19 being: (a) That Council continue the annual program for 2018/19 and allocate a budget of $150,000 for that program. (b) Further, that an evaluation of the program be conducted and reported to Council at the conclusion of the program in 2019.	Budget not available.
24/9/2018	1630	Item 14.9 – Aboriginal Heritage – Amendments to Parramatta DCP 2011 Item (f) only, being: (f) Further, that Council endorse in principle the undertaking by Council staff of an Aboriginal Oral History study for the whole of the City of Parramatta Local Government Area and that Council staff be requested to prepare a business case for consideration in the preparation of the 2019/20 budget to allocate appropriate funding for this.	Budget not available.
29/10/2018	1713	Item 13.3 – Planning Proposal for land at 56-72 Dudley Street & 55-71 Crowgey Street, Dundas Item (c) only, being: (c) That in response to the State Government’s Greater Parramatta and Olympic Park Peninsula (GPOP) document and the Parramatta Light Rail Stage 1 project, that Council commence a structure plan process for the corridor from Rosehill to Carlingford to inform future land uses, densities and supporting infrastructure, including but not limited to, schools, open space and roads.	Action is redundant.

The amendment moved by Councillor Bradley and seconded by Councillor Esber on being put was declared LOST.

The motion moved by Councillor Tyrrell and seconded by Councillor Issa on being put was declared CARRIED.

2911

RESOLVED (Tyrrell/Issa)

That Council approve the closure of the following Council resolutions without further action:

Date	Min #	Item # / Subject	Reason
24/9/2018	1620	Item 13.2 – Continuation of Council Funded Supplementary Policing for 2018/19 being: (a) That Council continue the annual program for 2018/19 and allocate a budget of $150,000 for that program. (b) Further, that an evaluation of the program be conducted and reported to Council at the conclusion of the program in 2019.	Budget not available.
24/9/2018	1630	Item 14.9 – Aboriginal Heritage – Amendments to Parramatta DCP 2011 Item (f) only, being: (f) Further, that Council endorse in principle the undertaking by Council staff of an Aboriginal Oral History study for the whole of the City of Parramatta Local Government Area and that Council staff be requested to prepare a business case for consideration in the preparation of the 2019/20 budget to allocate appropriate funding for this.	Budget not available.
29/10/2018	1713	Item 13.3 – Planning Proposal for land at 56-72 Dudley Street & 55-71 Crowgey Street, Dundas Item (c) only, being: (c) That in response to the State Government’s Greater Parramatta and Olympic Park Peninsula (GPOP) document and the Parramatta Light Rail Stage 1 project, that Council commence a structure plan process for the corridor from Rosehill to Carlingford to inform future land uses, densities and supporting infrastructure, including but not limited to, schools, open space and roads.	Action is redundant.

12.4

SUBJECT FOR APPROVAL: Continuation of Advisory Committees

REFERENCE F2019/04433 - D07608201

REPORT OF Administration Support Officer

2912

RESOLVED (Esber/Garrard)

(a) That the four Advisory Committees (Aboriginal & Torres Strait Islander, Access, Cycleways and Heritage) continue to operate to the end of the current term of Council.

(b) That Council notes that Joe Dimech has chosen to step down from the Access Advisory Committee from 11 September 2020 and that Judith Joyce and Colin Kinchela have chosen to step down from the Aboriginal and Torres Strait Islander Advisory Committee from 11 September 2020, all having served their agreed three-year term on the Committees.

(c) That Council notes the continuation on the Aboriginal & Torres Strait Islander Advisory Committee of members Donna-Lee Astill, Kody Boney, Doug Desjardines, Bruce Gale, Lynette Leerson OAM, John Roberston, Phil Russo OAM, Michele Scarcella, Elizabeth Sheppard and Kathleen Summers to the end of the current term of Council.

(d) That Council notes the continuation on the Access Advisory Committee of members Leone Clarke, Scott Green, Timothy Hart, Mark Kunach. Deborah Manuel, John Moxon and Susan Thompson to the end of the current term of Council.

(e) That Council notes the continuation on the Cycleways Advisory Committee of members Charlene Boardley, Darryn Capes-Davis, Bernard Carpenter, Pam Kendrick, Paul McDonald, Ray Rice, Simon Thorne, Ted Richards and Jenny Rose to the end of the current term of Council; and

(f) Further, that Council notes the continuation on the Heritage Advisory Committee of members Jeffrey Allen, Gary Carter, Dibya Chhetry, Ruth Evans, Dr Scott Hill, David Hoffman, Stephanie Licciardo, Carol Liston, Callum Mealey, Christine Rigby, Dr Terrence Smith and Sarah Trevor to the end of the current term of Council.

12.5

SUBJECT FOR APPROVAL: Continuation of Councillor Appointment to Internal and External Memberships

REFERENCE F2019/04433 - D07608214

REPORT OF Governance Manager

MOTION (Garrard/ Tyrrell)

(a) That Council extend the appointment of Councillors to the following internal and external organisations / boards and committees to the expiration of the current Council term:

Name	Councillor	Alternate
Audit, Risk and Improvement Committee	Garrard Pandey
Australia Day Awards Judging Panel	Lord Mayor
Board of Parramasala Ltd	Pandey Zaiter
CEO Performance Review Committee	Lord Mayor Davis Pandey Tyrrell Wilson Zaiter
Civic Risk West and CivicRisk Mutual	Prociv
Councillors Grants Committee	Bradley Garrard Prociv Tyrrell Pandey Zaiter
Finance Committee	Esber Garrard Pandey Tyrrell Wearne
Parramatta Community Fund Raising Committee, Sydney Community Foundation	Davis
Parramatta Floodplain Risk Management Committee	Bradley (Chairperson) Prociv
Parramatta River Catchment Group	Bradley Prociv
Parramatta Traffic Committee	Tyrrell (Chairperson)
Parramatta Traffic Engineering Advisory Group	Tyrrell (Chairperson)
Parramatta Wentworth Point Working Group	Issa
Riverside Theatres Advisory Board	Davis Dwyer Jefferies
Smart City Advisory Committee	Issa (Chairperson) Pandey
Sydney Central City Planning Panel	Issa Pandey	Zaiter
Western Sydney Academy of Sport	Esber	Garrard
Western Sydney Regional Organisation of Councils Board	Wilson Garrard	Wearne

(b) That Council nominate Councillor Davis as representative to the

Metropolitan Public Libraries Association Ltd. ; and

AMENDMENT (Barrak/)

(a) That Council extend the appointment of Councillors to the following internal and external organisations / boards and committees to the expiration of the current Council term:

Name	Councillor	Alternate
Audit, Risk and Improvement Committee	Pandey Barrak
Australia Day Awards Judging Panel	Lord Mayor
Board of Parramasala Ltd	Pandey Zaiter
CEO Performance Review Committee	Lord Mayor Davis Pandey Tyrrell Wilson Zaiter
Civic Risk West and CivicRisk Mutual	Barrak
Councillors Grants Committee	Bradley Garrard Prociv Tyrrell Pandey Zaiter
Finance Committee	Esber Garrard Pandey Tyrrell Wearne
Parramatta Community Fund Raising Committee, Sydney Community Foundation	Davis
Parramatta Floodplain Risk Management Committee	Bradley (Chairperson) Prociv
Parramatta River Catchment Group	Bradley Prociv
Parramatta Traffic Committee	Tyrrell (Chairperson)
Parramatta Traffic Engineering Advisory Group	Tyrrell (Chairperson)
Parramatta Wentworth Point Working Group	Issa
Riverside Theatres Advisory Board	Davis Dwyer Jefferies
Smart City Advisory Committee	Issa (Chairperson) Pandey
Sydney Central City Planning Panel	Issa Pandey	Zaiter
Western Sydney Academy of Sport	Garrard	Esber
Western Sydney Regional Organisation of Councils Board	Barrak	Wilson

(b) That Council nominate Councillor Davis as representative to the Metropolitan Public Libraries Association Ltd. ; and

The amendment moved by Councillor Barrak lapsed due to lack of a seconder.

The motion moved by Councillor Garrard and seconded by Councillor Tyrrell on being put was declared CARRIED.

2913

RESOLVED (Garrard/Tyrrell)

(a) That Council extend the appointment of Councillors to the following internal and external organisations / boards and committees to the expiration of the current Council term:

Name	Councillor	Alternate
Audit, Risk and Improvement Committee	Garrard Pandey
Australia Day Awards Judging Panel	Lord Mayor
Board of Parramasala Ltd	Pandey Zaiter
CEO Performance Review Committee	Lord Mayor Davis Pandey Tyrrell Wilson Zaiter
Civic Risk West and CivicRisk Mutual	Prociv
Councillors Grants Committee	Bradley Garrard Prociv Tyrrell Pandey Zaiter
Finance Committee	Esber Garrard Pandey Tyrrell Wearne
Parramatta Community Fund Raising Committee, Sydney Community Foundation	Davis
Parramatta Floodplain Risk Management Committee	Bradley (Chairperson) Prociv
Parramatta River Catchment Group	Bradley Prociv
Parramatta Traffic Committee	Tyrrell (Chairperson)
Parramatta Traffic Engineering Advisory Group	Tyrrell (Chairperson)
Parramatta Wentworth Point Working Group	Issa
Riverside Theatres Advisory Board	Davis Dwyer Jefferies
Smart City Advisory Committee	Issa (Chairperson) Pandey
Sydney Central City Planning Panel	Issa Pandey	Zaiter
Western Sydney Academy of Sport	Esber	Garrard
Western Sydney Regional Organisation of Councils Board	Wilson Garrard	Wearne

(b) That Council nominate Councillor Davis as representative to the

Metropolitan Public Libraries Association Ltd. ; and

Note: Councillor Barrak was recorded as voting against the motion.

13. Accessible

13.1

SUBJECT FOR NOTATION: Access Advisory Committee Meeting Minutes held on 16 June 2020

REFERENCE F2005/01944 - D07592426

REPORT OF Community Capacity Building Officer, Community Capacity Building

2914

RESOLVED (Esber/Tyrrell)

That Council note the minutes of the Access Advisory Committee meeting held on 16 June 2020.

14. Green

Nil

15. Welcoming

15.1

SUBJECT FOR NOTATION: Minutes of the Riverside Advisory Board Meetings held on 14 May, 11 June and 1 July 2020

REFERENCE F2007/00388 - D07589921

REPORT OF Director Riverside Theatres

2915

RESOLVED (Davis/Tyrrell)

That Council note the Minutes of the Riverside Theatres Advisory Board Meetings held on 14 May 2020 (Attachment 1), 11 June 2020 (Attachment 2) and 1 July 2020 (Attachment 3).

Note: Councillor Garrard left the Chamber at 7:34pm and returned at 7:36pm during consideration of this matter.

16. Thriving

Nil

17. Innovative

17.1

SUBJECT FOR NOTATION: Minutes of the Heritage Advisory Committee meeting held on 19 August 2020

REFERENCE F2013/00235 - D07607247

REPORT OF Project Officer Land Use

2916

RESOLVED (Davis/Zaiter)

That Council note the minutes of the Heritage Advisory Committee meeting held on 19 August 2020.

Note:

1. Councillor Tyrrell left the Chamber at 7:41pm and returned at 7:42pm during consideration of this matter.

2. Councillor Wilson left the Chamber at 7:42pm and returned at 7:44pm during consideration of this matter.

3. Councillor Issa left the Chamber at 7:43pm and returned at 7:45pm during consideration of this matter.

4. Councillor Jefferies left the Chamber at 7:46pm and returned at 7:47pm during consideration of this matter.

5. Councillor Zaiter left the Chamber at 7:48pm and returned at 7:50pm during consideration of this matter.

17.2

SUBJECT FOR NOTATION: Minutes of the Smart City Advisory Committee Meeting held 21 July 2020

REFERENCE F2017/00685 - D07559686

REPORT OF Senior Strategic PO Future City

2917

RESOLVED (Issa/Pandey)

(a) That Council note the minutes of the Smart City Advisory Committee held on 21 July 2020 (provided at Attachment 1); and

(b) Further, that Council note that the Request for Quotation process for evaluating online parking applications has been completed.

17.3

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

REFERENCE RZ/25/2016 - D07469139

REPORT OF Project Officer Land Use

2918

RESOLVED (Esber/Tyrrell)

(a) That Council endorse the draft site-specific Development Control Plan (DCP) for the land at 235 – 237 Marsden Road, Carlingford, as provided at Attachment 1, for the purposes of public exhibition.

(b) That Council delegate authority to the Chief Executive Officer to prepare the legal drafting of a Planning Agreement in accordance with the letter of offer (provided at Attachment 2) and the specifications of the through site link set out in the draft site-specific DCP (provided at Attachment 1) for the purposes of public exhibition.

(c) That the draft site-specific DCP and draft Planning Agreement be placed on public exhibition concurrently with the Planning Proposal for land at 235 – 237 Marsden Road, Carlingford for a minimum period of 28 days, and the outcome of the public exhibition be reported back to Council; and

(d) Further, that Council delegate authority to the Chief Executive Officer to correct any minor inconsistencies or anomalies of an administrative nature relating to the draft site-specific DCP and draft Planning Agreement documentation that may arise during the drafting and exhibition processes.

A division was called, the result being:-

AYES: Councillors Barrak, Dwyer, Esber, Garrard, Issa, Jefferies, Pandey, Prociv and Tyrrell

NOES: Councillors Bradley, Davis, Wearne, Wilson and Zaiter

18. Notices of Motion

18.1

SUBJECT NOTICE OF MOTION: Eat Street Precinct

REFERENCE F2016/02180 - D07644550

FROM Councillor Zaiter

2919

RESOLVED (Zaiter/Issa)

That Council prepare and forward correspondence to and schedule a meeting with the Parramatta Light Rail - TfNSW Program Director within the next week advocating for the following on behalf of all the businesses within the Eat Street Precinct, including all businesses from Macquarie Street to Factory Street:

(a) Details relating to the grace period seating and umbrella arrangements/locations to be immediately disclosed to Council, businesses within the Eat Street Precinct and all other relevant stakeholders. These details should include a scaled drawing of the street to allow the necessary outdoor dining licenses to be prepared and issued by Council to those who want them.

(b) TfNSW to provide at their cost the necessary electrics and lighting to facilitate lighting on the umbrellas for outside dining tables or other similar dining furniture within the Eat Street Precinct when the grace period commences on 1 November 2020.

(c) Details relating to the proposed impacts of the Lennox development during the grace period and proposed activation plans to minimise such impact.

(d) As the Eat Street Light Rail Stop is expected to be approximately 45 metres long, it is requested all businesses in the vicinity of this stop who will have their future outdoor dining capacity impacted are notified of this as soon as possible, including proposed alternate arrangements.

(e) As the micro tunneling has been completed, Council to seek advice from TfNSW when the pits in Centenary Square will be filled in and the Square returned to Council control. Council staff to provide Councillors with detailed activation plans; including costs and timing for activation of the Square once control has been returned to Council; and

(f) Proposed activation plans by TfNSW and Council during the grace period.

19. 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.

20. CLOSED SESSION

2920

RESOLVED (Tyrrell/Garrard)

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 NOTATION: Legal Status Report as at 9 September 2020. (D07615710) - This report is confidential in accordance with section 10A (2) (g) of the Local Government Act 1993 as the report contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

2 FOR APPROVAL: Acquisition of land for Urban Plaza at Granville. (D07606515) - This report is confidential in accordance with section 10A (2) (d) of the Local Government Act 1993 as 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.

3 NOTICE OF MOTION: Planning Proposal, Draft Development Control Plan and Draft Planning Agreement at 33-43 Marion Street Parramatta. (D07648111) - This report is confidential in accordance with section 10A (2) (a) of the Local Government Act 1993 as the report contains personnel matters concerning particular individuals.

20.1

SUBJECT FOR NOTATION: Legal Status Report as at 9 September 2020

REFERENCE F2019/04434 - D07615710

REPORT OF Group Manager Legal Services

2921

RESOLVED (Tyrrell/Pandey)

That Council note the Legal Status Report as at 9 September 2020.

Note: Councillor Esber declared a non-pecuniary and less than significant interest in this matter and left the chamber during consideration of this matter.

20.2

SUBJECT FOR APPROVAL: Acquisition of land for Urban Plaza at Granville

REFERENCE F2019/04434 - D07606515

REPORT OF Development Manager Property Development

2922

RESOLVED (Issa/Prociv)

(a) That Council delegate authority to the Chief Executive Officer to finalise the acquisition by agreement from the Owner for Lot 3 DP200033 at 6 Bridge Street, Granville (Attachment 1) up to the maximum amount specified in item 8.

(b) That Council delegate authority to the Chief Executive Officer to finalise the acquisition by agreement from the Owner for Lot 7 & 8 DP200033 and Lot 10 in DP707727 at 1, 2 and 4 Bridge Street, Granville (Attachment 1) up to the maximum amount specified in item 5.

(c) That Council approve compulsory acquisition of the land noted within the report pursuant to sections 186 and 187 of the Local Government Act 1993 (NSW) and undertake all necessary actions accordingly, if agreement cannot be reached between Council and the Owner.

(d) That Council acquire by compulsory acquisition under sections 186 and 187 of the Local Government Act 1993 (NSW), Lot 3 in DP 200033, Lots 7 & 8 in DP200033 and Lot 10 in DP 705727 for the purpose of a public plaza.

(e) That Council proceed with the necessary application to the Minister for Local Government pursuant to s10A of the Land Acquisitions (Just Terms) Act 1991 (NSW).

(f) That Council approve the making of an application to the Minister for Local Government for the issue of a Proposed Acquisition Notice under the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) with respect to the Land.

(g) That Council approve the making of an application to the Governor for the publication of an Acquisition Notice in the NSW Government Gazette under the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) with respect to the Land.

(h) That upon acquisition, all the Land specified in item (a) and (b) above is classified as operational land.

(i) That next steps and future development options will be reported to Council at a future meeting once the acquisitions, the subject of this report, have been completed; and

(j) Further, that Council delegate authority to the Chief Executive Officer to execute on behalf of Council any document associated with the acquisition by agreement or compulsory acquisition process.

20.3	SUBJECT NOTICE OF MOTION: Planning Proposal, Draft Development Control Plan and Draft Planning Agreement at 33-43 Marion Street Parramatta REFERENCE F2019/04434 - D07648111 FROM Councillor Barrak
	MOTION (Barrak/ Bradley) (a) That the motion be adjourned until the next Council meeting, such that the motion return in the open session rather than the closed session of the meeting as the motion does not fit into any of the sub-categories of section 10A(2) of the Local Government Act 1993 which defines what must be closed session and which is reproduced below for convenience; and (b) Further, that any reference in the report of the “Executive Director Corporate Services” (which is attached to the motion) remove any references to any documents or persons not referred to in the motion, including removal of all references to the SMH article and persons named therein, such that the motion is dealt with in open session.
	The motion moved by Councillor Barrak and seconded by Councillor Bradley on being put was declared LOST.
	Note: Councillor Issa retired from the Chamber at 8:22pm prior to consideration of this matter.

Procedural Motion

2923

RESOLVED (Tyrrell/Garrard)

That the meeting resume into open session.

21. REPORTS OF RESOLUTIONS PASSED IN CLOSED SESSION

The Acting Chief Executive Officer read out the resolutions for Items 20.1 to 20.3.

22. CONCLUSION OF MEETING

The meeting terminated at 8:40pm.

THIS PAGE AND THE PRECEDING 17 PAGES ARE THE MINUTES OF THE ORDINARY/EXTRAORDINARY COUNCIL MEETING HELD ON Monday, 28 September 2020 AND CONFIRMED ON Monday, 12 October 2020.

Chairperson

Council 12 October 2020 Item 12.3

FAIR

ITEM NUMBER 12.3

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

REFERENCE F2004/07337 - D07413434

REPORT OF Recreation Facilities & Programs Manager

PREVIOUS ITEMS 19.1 - NOTICE OF MOTION: Use of Sporting Fields in Local Government Area - Council - 08 Oct 2019 6:30pm

This Item was deferred from the Council Meeting held on 11 May 2020 (Item 13.2) for a Councillor workshop.

PURPOSE:

To advise Council of the authorised, organised users and reported unauthorised, organised users of Doyle Ground, North Parramatta, in the summer and winter seasons.

RECOMMENDATION

(a) That Council put in place a regular communication program with authorised, organised users of Council managed sportsgrounds in the Local Government Area (LGA), to encourage the reporting of unauthorised, organised use of Council parks.

(b) That Council officers increase engagement activities focused on addressing unauthorised, organised use and increasing compliance, through onsite outreach, increased online information and collaboration with sport associations and peak bodies.

i. undertake regular proactive patrols at Council managed sportsgrounds that are subject to unauthorised, organised use for an initial six month period of time, and

ii. report back to Council, at the completion of the initial period, on the level and type of unauthorised uses.

(d) Further, that Council undertake a review of signage in Council’s parks to ensure any regulatory action is enforceable under the requirements of Section 632 of the Local Government Act 1993.

BACKGROUND

1. At its meeting of 8 October 2019, in response to a Notice of Motion, Council resolved:

That a report be brought to a Council meeting advising details of the authorised organised users and reported unauthorised organised users of Doyle Ground, North Parramatta, in the summer and winter seasons. The report should include the current user charges paid by the authorised, organised users of Doyle Ground, and an estimate of the approximate level of income lost to Council through reported unauthorised users of Doyle Ground and other similar sportsgrounds in the LGA over the last 12 months.

2. A report was presented at Council’s meeting of 11 May 2020 to respond primarily to the authorised organised use of the Ground and set forth an approach by which unauthorised use may be identified and acted upon. Council resolved to defer that report for consideration at a Councillor workshop.

3. That workshop was held on 1 June 2020. This report is a revised version in response to the outcomes of that workshop.

4. Doyle Ground, North Parramatta, is Council’s largest open sportsground and is home to authorised, organised users, or seasonal hirers, engaging in touch football, AFL, hockey, fitness training and school sport during winter and touch football, cricket, fitness training and school sport during summer.

5. Doyle Ground is also popular with individuals and families for informal recreational activities because of the circular walking track, fitness equipment, playground and wide open spaces. This is a great benefit for the physical and mental well-being of our community.

6. Doyle Ground is part of an extensive network of sportsgrounds provided by Council, which includes 32 sportsgrounds and a total of 63 individual playing fields.

7. Council issues terms and conditions for the seasonal and casual use of sportsgrounds. The administration of authorised use helps Council to manage the maintenance of fields and their recovery from high intensity activities.

ISSUES/OPTIONS/CONSEQUENCES

8. Unauthorised, organised use refers to sporting or other activity that, through its level of organisation, clearly has an elevated level of sophistication above that of everyday informal recreational use and has not been formally booked through Council. Features of an activity that help to assess whether it is organised, as opposed to general recreation, include:

a. The nature of the relationship or connection between participants;

b. Use of referees, uniforms and equipment;

c. Formal registration or pay-to-play arrangements;

d. The presence of teams, scheduled fixtures and leagues.

9. Prior to 2019, there is record of reports of such use at a number of parks and matters that were followed through from a regulatory perspective. In the 2019 calendar year, no formal reports were received by Council’s Recreation or Regulatory Services teams related to the unauthorised, organised use of Doyle Ground or other similar sportsgrounds in the LGA. However, anecdotally, Council is aware that this is an ongoing issue and of concern to the seasonal and casual hirers, local residents, the broader community and Council. Anecdotal reports most often relate to unauthorised, organised use involving cricket, football (soccer) and training academies.

10. The current seasonal and casual hirers of Doyle Ground, and other similar sportsgrounds in the LGA, are required to go through a rigorous application process to obtain their seasonal licence or undertake a casual booking, including, the provision of public liability insurance. This process seeks to ensure sports participants are sufficiently protected and that risk is appropriately managed for the community and Council’s assets.

11. Given the unauthorised, organised users of sportsgrounds in the LGA are not subject to this process, there remains a potential risk exposure for Council and the unauthorised users, through organisers’ lax approach to risk management. In addition, there is a sense of inequity that is felt by those seasonal and casual hirers that are engaging in the proper process. Unauthorised, organised use also puts pressure on field capacity and quality through increased, unmanaged use.

12. In response to the Notice of Motion of October 2019 and the Councillor workshop of 2020, Council staff have been communicating with seasonal hirers of sportsgrounds and encouraging the reporting of unauthorised, organised use. The initial response to such reports will be an outreach-focused approach to encourage connection with existing Clubs and Associations and the completion of booking process to make their activity compliant.

13. In instances where Council has become aware of unauthorised, organised users, there have been limitations to the level of intervention and enforcement that Council’s Regulatory Services rangers can engage in from available resources and within current delegated authority. However, by adopting a proactive, targeted approach and by ensuring that appropriately worded Section 632 signage is in place, Council’s Regulatory Services rangers can approach organisers and, in the first instance, encourage compliance to the proper booking process or face the prospect of enforcement penalties.

CONSULTATION & TIMING

14. Council officers have engaged with seasonal hirers of Doyle Ground to discuss this issue and encourage the reporting of an unauthorised, organised use. Further to this, at the Summer 2020/2021 Seasonal Sportsground Allocation workshop with Clubs and Associations, the matter of unauthorised and organised use was discussed and details shared of what to do in response.

15. Where unauthorised, organised use is reported, Council’s Recreation and Regulatory Services teams will work together to approach organisers, utilising current booking information to enable proactive patrols during the winter and summer seasons, targeted to maximise the use of Council’s resources.

Stakeholder Consultation

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

Date	Stakeholder	Stakeholder Comment	Council Officer Response	Responsibility
July 2020	Parramatta Touch Football Association	Noted details for reporting.	Will maintain communication over the summer season to monitor unauthorised use	Social and Community Services
31 August 2020	Representatives of Clubs and Associations applying for Summer Seasonal allocation	No specific questions or issues raised in response to content in the Summer Seasonal Sportsground Allocation Workshop	Contact details provided for how to report unauthorised use.	Social and Community Services

Councillor Consultation

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

Date

Councillor

Councillor Comment

Council Officer Response

Responsibility

1 June 2020

Clrs Dwyer, Bradley, David, Jefferies, Pandey, Prociv, Tyrrell, Wearne

Original report could be clearer on the steps that happen before regulatory enforcement.

Support for a time bound focus, reviewed after 6 months based on the evidence that has been gained.

Agreement that 99% of users do the right thing, so response should not be out of proportion.

Consult with Dundas Ward Councillors on revised recommendation prior to the report coming back to Council.

Recommendation has been revised to be clearer on outreach actions that take place prior to a regulatory response.

Recommendation has been clearer on a review period of 6 months.

Presentation made at Dundas Ward Councillor briefing on 7 September 2020.

Social and Community Services / Regulatory Services

7 September 2020

Dundas Ward Councillors

Support for the time limited action with review after 6 months, particularly regarding the collection of data.

Noted.

Social and Community Services.

FINANCIAL IMPLICATION FOR COUNCIL

18. Over the 12 month period prior to COVID-19 restrictions, Council received $13,809.95 in revenue from the seasonal hirers of Doyle Ground during summer and winter. Additionally, for the same period, Council has received $3,266.00 in revenue from casual hirers, which brings the total to $17,075.95 over the last 12 months.

19. Given that there is limited data on the unauthorised, organised users of Doyle Ground over the last 12 months, it is difficult to estimate the approximate level of revenue lost by Council. Under Council’s adopted Fees and Charges, the following costs would apply at Doyle Ground in the given scenarios:

Scenario	Council Fees and Charges
Casual field booking under Category A (Large businesses, corporations, Commonwealth and State Government agencies)	$75.00 per hour
Casual field booking under Category B (Small businesses, social functions)	$45.00 per hour
Casual field booking under Category C (Not for profit organisations that receive Commonwealth and/or NSW Government funding. Not for profit organisations that predominately operate businesses)	$37.50 per hour
Casual field booking under Category D (Not for profit organisations that do not receive Commonwealth and/or NSW Government funding. Self-help groups)	$18.75 per hour

20. There is no current seasonal license in place for the use of Doyle Ground on a Sunday. Therefore, the cost to seasonally hire Doyle Ground at this time, which is categorised as a B Grade Field for registered not for profits and A Grade for commercial entities, is summarised below:

· $1,027.05 per wicket (eg. cricket) for registered not for profits; or

· $1,944.55 per wicket (eg. cricket) for a commercial entity; and

· $1,027.05 per field (eg. football) for registered not for profits; or

· $1,944.55 per field (eg. football) for a commercial entity.

21. The monitoring of activities at parks and reserves is included on the list of duties undertaken by Council Rangers. Balancing competing demands for the attention of Rangers is an on-going challenge. Undertaking proactive patrols at Doyle Ground and other identified sportsgrounds can be met from existing budgets, but may result in a reduced focus on other duties while this initiative is being pursued.

Gregory Radford

Recreation Facilities & Programs Manager

Carolyn Isaac-Dean

Acting Group Manager Social and Community Services

Paul Perrett

Chief Financial Officer

David Moutou

Acting Executive Director Community Services

John Warburton

Executive Director, City Assets & Operations

Michael Tzimoulas

Acting Chief Executive Officer

Attachments:

REFERENCE MATERIAL

Council 12 October 2020 Item 16.1

THRIVING

ITEM NUMBER 16.1

SUBJECT FOR APPROVAL: COVID-19 Update

REFERENCE F2020/01447 - D07560967

REPORT OF Senior Project Officer

PURPOSE:

To provide:

- An update on the progress of actions in Council’s COVID-19 Relief Packages as adopted 7 April 2020, 9 June 2020 and 13 July 2020,

- Clarification on a number of existing COVID-19 endorsed actions and proposed modification to their application,

- A proposal to streamline the processing of draft site-specific Development Control Plans and Planning Agreements within the Parramatta CBD, as part of the Supporting Development action (R2).

- A new action for consideration, supporting economic recovery through a Live Music Pilot Program that enables the continuation of the City’s summer season of events (R21).

RECOMMENDATION

(a) That Council note the progress of actions in Council’s COVID-19 Community Resilience and Economic Relief Package adopted 7 April 2020, 9 June 2020 and 13 July 2020 (Attachment A).

(b) That Council endorse revisions to the application of 4 of the 32 actions previously endorsed in Council’s COVID-19 Community Resilience and Economic Relief Packages, to more appropriately respond to the changing impacts of COVID-19 on community and businesses and allow for clarity and ease of implementation (see table in paragraph 7). Specifically, this recommendation endorses changes to the following:

i. To split the action F5(a) into three actions to support ease of implementation of fee waivers – F5(a) (modified), F5(c) (new) and F5(d) new.

ii. To introduce a staged reintroduction of license and hire fees for F5(a) – Waiver of License and Hire Fees – Outdoor dining, food stalls, temporary premises and non-commercial advertising, returning to normal charges on 1 April 2021.

iii. To continue a staged reintroduction of hire fees F5(b) – Waiver of License and Hire Fees – Community halls, parks and community venues, returning to normal charges for hirers on 1 January 2020 and for seasonal hire of sports fields upon the commencement of the Winter season; and to update the description of this action.

iv. To introduce a staged reintroduction of license and approval fees for F5(c) – Waiver of Outdoor Dining Fees – License and Approvals (Outside Parramatta Light Rail (PLR) Corridor), returning to normal charges on 1 April 2021.

v. To continue a waiver of license and approval fees for F5(d) Waiver of Outdoor Dining Fees – License and Approvals (inside of Parramatta Light Rail (PLR) Corridor) up until 31 January 2021.

vi. To introduce a staged reintroduction of rents for F7(a) Waiver of Rents – Rent relief to all valid community groups, essential services and not for profit organisations, to update the description of this action, and return to normal charges on 1 April 2021.

vii. To introduce a staged reintroduction of rent relief for tenants of City of Parramatta Council’s Affordable Housing Dwellings for F7(b) Waiver of Rents – Rent relief to all valid community groups, essential services and not for profit organisations, to update the description of this action, and return to normal charges on 1 April 2021.

(c) That Council delegate authority to the Chief Executive Officer to endorse placing a draft site-specific Development Control Plan and/or a draft Planning Agreement on public exhibition for any site within the Parramatta CBD planning proposal boundary where the following criteria have been met:

i. Any draft site-specific DCP is consistent with the objectives of the Parramatta CBD Planning Proposal and the supporting documents considered by Council when it endorsed the Parramatta CBD Planning Proposal for the purposes of consultation (at its meeting on 25 November 2019);

ii. Any draft Planning Agreement is consistent with policy framework for Community Infrastructure in the Parramatta CBD and consistent with the objectives of Council’s Planning Agreements Policy;

iii. The applicant has confirmed they have no objections to the content of the draft site-specific DCP and/or draft Planning Agreement to be exhibited; and

iv. Councillors have been provided a copy of the draft site-specific DCP and/or draft Planning Agreement and given 7 days to allow consideration of the draft document(s) and opportunity to request they be reported to Council prior to it/them being exhibited.

(d) That Council implement a live music pilot program to support delivery of the City’s summer season of events between 1 November 2020 to 31 March 2021, and makes the following amendments to Council’s current Outdoor Dining Policy to enable this to occur:

i. To strike out the words ‘loudspeaker equipment’ from Section 3.2.3 of the policy;

ii. To alter Section 7.4.8 of Individual Standard User Agreements to remove restrictions on ‘musical instruments’ and ‘other equipment’ being used in an Outdoor Dining Area;

iii. That the changes to the Outdoor Dining Policy in Section 3.2.3 and Section 7.4.8 of Individual Standard Use Agreements apply on a temporary basis from 1 November 2020 to 31 March 2021, after which time the policy reverts back to current conditions.

(e) Further that, a report be provided to Council at the conclusion of the live music pilot program for consideration.

BACKGROUND

1. The impact of the COVID-19 Pandemic (COVID-19 or pandemic) has been felt across Australia since March 2020. As Australia’s fifth largest economy, Parramatta will bear a substantial portion of these impacts.

2. Council approved its first COVID-19 Community Resilience and Economic Relief Package on 7 April 2020 valued at $3 million, to respond and provide support for the local economy and community

3. Further support packages, including creative economy support, were approved 9 June 2020 and 13 July 2020.

COVID-19 Community Resilience and Economic Relief Package – Progress Report

1. Council endorsed its COVID-19 Relief Package on 7 April 2020. This included 23 actions that focus on financial relief, jobs and investment, health and wellbeing, and support for vulnerable people, totally $3 million in support.

2. An additional 5 actions were included in an endorsed Creative Economy Support Program on 9 June 2020.

3. An additional 4 actions were included to focus on rapid community and economic recovery on 13 July 2020.

4. Of the 32 actions that have been endorsed in the COVID-19 Community Resilience and Economic Relief Packages, 11 actions are completed, 21 actions are progressing- on track and no actions are progressing- off track. Full details are provided in the COVID-19 Community Resilience and Economic Relief Package – Action Tracker Progress Report September 2020 (Attachment A).

Previously endorsed COVID-19 Relief Package actions, now requiring revision

5. The nature and experience of COVID-19 in our community is changing, as are physical distancing requirements. Reopening of businesses, programs, services and facilities are well underway. Four of the actions that were endorsed by Council in its first COVID-19 Relief Package in April 2020 (which focused on relief measures in a time of crisis) are now no longer applicable in their current form and require revision to respond to the changing COVID-19 context.

6. The four actions proposed for revision are listed in the table below. A comparison of the changes proposed against the original endorsed action application description, as well as the reason for change, is provided in full at Attachment B.

7. Action F5(a) as it currently stands relates to waiver of license and hire fees for: outdoor dining, food stalls, temporary premises and advertising. Changes are proposed to this action item to provide clarity and ease of implementation of waivers, especially in the context of additional waivers that will result for those outdoor dining businesses within the Parramatta Light Rail (PLR) Corridor. It is proposed to split action F5(a) into three actions – F5(a) (modified), F5(c) (new), F5(d) (new).

Action Number	Title	Proposed New Title	Description	Proposed New Description
F5	(a) Waiver of License and Hire Fees -Outdoor dining, food stalls, temporary premises and advertising	(a) Waiver of License and Hire Fees -Outdoor dining, food stalls, temporary premises and non- commercial advertising	The Council will waive pre-paid and ongoing licence fees and hire fees for outdoor dining licenses, food stalls, temporary premises and advertising for the period of the shutdown	Council will provide a staged reintroduction of license fees relating to food stalls, temporary premises and non-commercial advertising. The waiver of license fees will apply as follows: - between 13 October 2020 to 31 December 2020: 50% reduction - between 1 January 2021 to 31 March 2021: 25% reduction - between 1 April 2021 to 30 June 2021: 0% reduction, return to normal A review of further need will occur at the end of this period, or if COVID-19 related circumstances significantly change.
F5	(b) Waiver of License and Hire Fees – Community halls, parks and community venues	No change.	The Council will waive pre-paid and ongoing licence fees and hire fees for community halls, parks and community venues for the period of the shutdown	Council will provide a staged reintroduction of license and hire fees for Community halls, parks and community venues. The waiver of fees will apply as follows: - a 50% waiver for summer seasonal hire for the full summer season; - A 50% waiver for annual hirers for a further 3 months; - The continuation of standard fees and charges and available subsidies for all casual hire of community facilities, parks and sportsgrounds A review of further need will occur at the end of this period, or if COVID-19 related circumstances significantly change.
F5	(a) Waiver of License and Hire Fees -Outdoor dining, food stalls, temporary premises and advertising	(c) Waiver of Outdoor Dining Fees – License and Approvals (Outside Parramatta Light Rail (PLR) Corridor)	The Council will waive pre-paid and ongoing licence fees and hire fees for outdoor dining licenses, food stalls, temporary premises and advertising for the period of the shutdown	Council will provide a staged reintroduction of license and Approval fees for outdoor dining licenses outside the PLR Corridor. The waiver of Fees will apply as follows: - between 13 October 2020 to 31 December 2020: 50% reduction - between 1 January 2021 to 31 March 2021: 25% reduction - between 1 April 2021 to 30 June 2021: 0% reduction, return to normal A review of further need will occur at the end of this period, or if COVID-19 related circumstances significantly change.
F5	(a) Waiver of License and Hire Fees -Outdoor dining, food stalls, temporary premises and advertising	(d) Waiver of Outdoor Dining Fees – License and Approvals (Inside of Parramatta Light Rail (PLR) Corridor)	The Council will waive pre-paid and ongoing licence fees and hire fees for outdoor dining licenses, food stalls, temporary premises and advertising for the period of the shutdown	Waiver of Outdoor Dining Fees inside the PLR Corridor will continue until 31 January 2021 and in accordance with Council Resolution of 28 October 2019.
F7 (a) (b)	Waiver of rents-Rent relief to all valid Outdoor Dining Approval holders outside of the PLR Corridor, community groups, essential services and not for profit organisations	Waiver of Rents - Rent relief to all valid community groups, essential services and not for profit organisations	The Council will waive all rents for Council owned assets which are occupied by community groups, essential services and not for profit organisations	F7(a) Council will extend the rent waiver currently in place for Council owned assets which are occupied by community groups, essential services and not for profit organisations. The rent waiver will apply: - between 13 October 2020 to 31 December 2020: 50% reduction - between 1 January 2021 to 31 March 2021: 25% reduction - between 1 April 2021 to 30 June 2021: 0% reduction, return to normal A review of further need will occur at the end of this period, or if COVID-19 related circumstances (including legislation) significantly change. F7(b) In addition, Council will provide rent relief for tenants of City of Parramatta Council’s Affordable Housing Dwellings, if tenants qualify for financial hardship and a request is made for rent reduction, on the following basis: - between 13 October 2020 to 31 December 2020: 50% reduction - between 1 January 2021 to 31 March 2021: 25% reduction - between 1 April 2021 to 30 June 2021: 0% reduction, return to normal

Streamlining the processing of draft site-specific Development Control Plans and Planning Agreements within the Parramatta CBD

8. Council Officers are investigating options for streamlining the assessment and processing of planning matters to support Council’s Planning Acceleration Program (endorsed by Council at its meeting on 13 July 2020). An opportunity has been identified to help streamline the assessment of site-specific Development Control Plans (DCPs) and Planning Agreements that are consistent with the planning framework set out in the Parramatta CBD Planning Proposal and Council’s policy framework for Community Infrastructure in the Parramatta CBD. These are cases where Council has a clear policy framework that can be used to assess draft site-specific DCPs and Planning Agreements.

9. Currently draft site-specific DCPs and Planning Agreements in the Parramatta CBD are the subject of two Council reports as follows:

a. They are reported to Council for endorsement to be placed on public exhibition,

b. They are reported back to Council post-exhibition.

10. In cases where the draft site specific DCP and draft Planning Agreement are consistent with Council’s adopted framework (Parramatta CBD Planning Proposal and Council’s policy framework for Community Infrastructure in the Parramatta CBD) these reports are procedural in nature. Therefore, Council Officers consider that this process could be streamlined by delegating to the Chief Executive Officer or Executive Director City Planning and Design the decision to place a draft site-specific DCP and draft Planning Agreement on exhibition. In cases where these documents are consistent with the principles underpinning the Parramatta CBD Planning Proposal and Council’s adopted Parramatta CBD Community Infrastructure Strategy. Any matters that are inconsistent or where agreement has not been reached on the content / controls of the draft site-specific DCP and/or Planning Agreement would be referred to Council prior to exhibition.

11. In determining whether to exhibit a draft site-specific DCP and/or Planning Agreement under delegation, the principles with which Council officers would ensure consistency are as follows:

a. Location: This option would only be available to site-specific matters within the Parramatta CBD (as Council has a clear policy framework for planning matters in this precinct, including both draft planning controls and a framework for Community Infrastructure provision)

b. DCPs: The main planning controls that the draft DCP controls reflect are to be consistent with those of the draft Parramatta CBD Planning Proposal as follows:

i. Land Use Zoning

ii. Height of Buildings (HOB) (including any relevant solar access provisions)

iii. Floor Space Ratio (FSR) (including provisions relating to any relevant bonuses)

iv. Heritage impacts

v. Flood management

vi. Car Parking controls

vii. Commercial Floor Space

viii. Active Frontages

ix. End of Journey Facilities

c. Planning Agreements: The draft Planning Agreement should be consistent with the policy framework for Community Infrastructure in the Parramatta CBD, namely:

i. The overall value of the Planning Agreement is consistent with Council’s current “Phase 1” and “Phase 2” value sharing rates (being $150/sqm and $375/sqm respectively)

ii. The draft terms of any land dedication or works-in-kind are to be fully agreed by Applicant and Council officers, with no outstanding issues.

iii. Payment staging consistent with Council’s Planning Agreements Policy.

iv. Recent additional clauses generally introduced to Planning Agreements in the Parramatta CBD, addressing the following potential circumstances:

1. If the rate in the Parramatta CBD Community Infrastructure framework changes;

2. If the site proceeds in whole or in part as a non-residential use (in which case the framework would not apply to non-residential floor space); and

3. If Council decides not to proceed with the Community Infrastructure framework, and instead pursues amendments to its other contributions plans.

d. Consistency with the above would not guarantee that a site-specific DCP and/or Planning Agreement would be exhibited under delegation. It would be within the discretion of the Chief Executive Officer / Executive Director City Planning and Design to forward a pre-exhibition report to Council even if the documents are consistent with the above principles if they consider that there is a particular reason for doing so.

12. Under this recommended process, it is proposed that Councillors would be provided with a copy of the documents proposed for exhibition and given 7 days to request the matter be reported to Council prior to exhibition. This will give Councillors the opportunity to “call up” a draft site-specific DCP and/or draft Planning Agreement to a Council meeting to allow Councillors to discuss and consider the draft documents. Draft site-specific DCPs and Planning Agreements would continue to be reviewed and considered for adoption by Council post-exhibition as per current practice.

13. This process would provide the following benefits/ outcomes:

a) support for delivering on Council’s Planning Acceleration Program

b) allowing the diversion of staff resources that are currently applied to preparing Council reports on these matters to support progression of priority projects such as finalising the Parramatta CBD Planning Proposal

c) Assisting developers who wish to pursue Design Excellence Competitions in anticipation of the finalisation of the Parramatta CBD Planning Proposal to resolve a site-specific DCP and Planning Agreement more efficiently. This will also help discourage these applicants from lodging site-specific Planning Proposals.

Proposed new action – Live Music Pilot Program

14. The impact of COVID-19 on small businesses in retail and hospitality sectors in Parramatta has been significant.

15. The City has a series of events scheduled over the summer season including Parramatta Lanes. These events are critical to bringing investment and visitors into the City which is vital to the support of local business and now in the context of COVID-19 is critical to their survival. However, due to physical distancing measures the delivery format of these events must now be modified.

16. Live music is a critical component of these events, delivering much-valued entertainment for the community, but also typically draws crowds of people which under current public health orders is very difficult to manage.

17. A solution for delivering live music as part of the City’s summer season of events, is to trial provision of live music through existing venues which can be more easily monitored against public health orders.

18. A 5-month live music pilot program is proposed, as follows:

a. Runs 1 November 2020 to 31 March 2021

b. Applies to the entire Parramatta LGA

c. Is voluntary for small businesses with existing outdoor dining approvals

d. Full details are provided at Attachment C

19. In order to implement the live music pilot program, the following temporary amendments to Council’s current Outdoor Dining Policy would be required for the period of the pilot, after which they would revert back to current conditions:

a. Section 3.2.3 of the Outdoor Dining Policy would be altered to remove the words ‘loudspeaker equipment’;

b. Section 7.4.8 of Individual Standard User Agreements for participating venues is altered to remove restrictions on ‘musical instruments’ and ‘other equipment’ being used in an Outdoor Dining Area.

20. Council officers will work with individual participating venues to alter the terms of their Individual User Agreement to facilitate the live music pilot program within their Outdoor Dining Area

21. Potential risks include the impact of live music programming in Outdoor Dining Areas on neighboring businesses. To mitigate potential risks, appropriate measures to co-ordinate and implement the program will be developed, including:

a. Issuing approvals for live music for 30 days, which can be renewed or revoked at Council’s discretion;

b. Centrally co-ordinating the management of the pilot program across Council to avoid programming conflicts and manage logistical issues as they may arise.

22. To be eligible to participate in the live music pilot program, businesses must not have any barriers to providing live music or entertainment on their premises in their existing development consent.

23. The pilot aligns with Council’s recently endorsed Parramatta Night City Framework 2020-2024 and will be managed by Council’s Economic Development Team, supported by Property Services, Place Services and City Experience teams. A report on the program will be provided to Council at the conclusion of the pilot.

24. The proposed live music pilot program is envisaged to make a significant impact for the economy and local businesses through encouraging visitation to the CBD, and by supporting the renewal of social connections for community members post COVID-19 lockdown period.

CONSULTATION & TIMING

Stakeholder Consultation

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

Date	Stakeholder	Stakeholder Comment	Council Officer Response	Responsibility
August – September 2020	Council Staff	All COVID-19 actions were developed with staff and management input	Council’s COVID-19 related actions reflect staff and management input, both via individual consultation and the Crisis Management Team	City Strategy Unit
September 2020	Council Staff	All Live Music Pilot Program actions were developed with staff and management input	Live Music Pilot Program related actions reflect staff and management input, both via individual consultation and the Crisis Management Team	City Strategy Unit

Councillor Consultation

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

Date	Councillor	Councillor Comment	Council Officer Response	Responsibility
13 July 2020	All Councillors	Councillors endorsed a report to be provided to the September Council meeting to further consider fee waivers	Fee waivers presented as part of this September Council Report	City Strategy
August 2020	All Councillors	Briefing Note provided to Councillors for their information on progress made related to Council’s COVID-19 package throughout August	Briefing note provided to Councillors for their information	City Strategy
September 2020	Lord Mayor	Executive Director City Planning and Development provided briefing to Lord Mayor on action R2 – Supporting Development	Lord Mayor briefed on action R2 – Supporting Development	City Planning
September 2020	All Councillors	Executive Director City Planning and Development provided briefing to all Councillors on action R2- Supporting Development at the planning matter briefing prior to the Council meeting	Councillors briefed on action R2- Supporting Development at the planning matter briefing	City Planning

FINANCIAL IMPLICATION FOR COUNCIL

27. The proposed revisions to Council’s previously endorsed COVID-19 actions will reduce the amount of lost revenue to Council over the coming ten-month period, primarily through a paring back of license, hire fee and rent waivers as businesses continue to work to varied business models and operating hours. However, this will be reviewed at least quarterly. Any revenue from a return to partial charging for these businesses will result in a positive budget impact, given that the exhibited 2020/21 budget assumes no revenue from these services.

28. The financial implications resulting from the proposed revisions to previously endorsed COVID-19 Relief Package actions is estimated to be as follows:

I. F5(a) Waiver of License and Hire Fees and F5(c) Waiver of Outdoor Dining Fees (Outside the PLR Corridor) – returning to a 50% waiver rate for license and hire fees for outdoor dining licenses (outside of the PLR corridor), food stalls, temporary premises, and non-commercial advertising would realise approximately $30,000 in revenue in Q2.

II. F5(b) Waiver of License and Hire Fees – returning to a 50% waiver rate for community halls, parks and community venues would realise an estimated (maximum) of $114,000 in revenue for Q2, recognising that the current budget does not include any revenue for hire of these facilities in Q2 (due to COVID-19). The level of hire activity is not easy to predict at this stage.

III. F7(a) Waiver of Rents – Returning to 50% rent relief to all valid Outdoor Dining Approval holders outside of the PLR Corridor, community groups, essential services and not for profit organisations renting Council facilities would result in approximately $37,000 in revenue for Q2.

IV. F7(b) Waiver of Rents – Affordable Housing Tenant Relief – if endorsed and applied at a 50% waiver, this would realise a maximum of $17,000 in revenue in Q2. No rent relief has been requested to date.

V. R2 Supporting Development – No financial impact.

VI. R21 Live Music Pilot Program - $10,000 has been allocated to implement the trial program from the Economic Development Special Rate, in addition to the budget allocation towards the City Events and Festival program. While this initiative will not provide any revenue directly to Council, it is estimated that the program could inject approximately $50,000 - $100,000 directly into local businesses over the trial period, which will aide in economic recovery.

Katie Wearne

Senior Project Officer

Paul Perrett

Chief Financial Officer

Ian Woodward

Group Manager Legal Services

Geoff King

Group Manager City Strategy

Brett Newman

Chief Executive Officer

Attachments:

1 ⇩	Attachment A - September Action Tracker - Council's COVID-19 Response Package	10 Pages
2 ⇩	Attachment B - Proposed Changes to Applciation of COVID-19 Previously Endorsed Actions	2 Pages
3 ⇩	Attachment C- Proposed live music pilot program in Outdoor Dining Areas.docx	4 Pages

REFERENCE MATERIAL

Council 12 October 2020 Item 17.1

INNOVATIVE

ITEM NUMBER 17.1

SUBJECT FOR APPROVAL: Post-exhibition Outcomes for Draft Civic Link Development Control Plan

REFERENCE F2018/02414 - D07460413

REPORT OF Snr Project Officer

PURPOSE:

The purpose of this report is threefold:

1. To report on the outcomes of the public exhibition of the draft Civic Link Development Control Plan (DCP),

2. To seek Council’s approval to adopt the revised DCP including detailed controls for Blocks 1 and 4, incorporating minor post-exhibition changes; and

3. To advise Council that detailed controls for Block 2 and 3 will be reported as a future DCP amendment.

RECOMMENDATION

(a) That Council receive and note the feedback and submissions made during the public exhibition of the draft Civic Link Development Control Plan (DCP) provided at Attachment 1.

(b) That Council approve the revised Civic Link DCP, including detailed controls for Blocks 1 and 4 and minor amendments in response to feedback and submissions, as the ‘City Centre DCP 2017, Section 09 Special Areas, Civic Link’ provided at Attachment 2.

BACKGROUND

1. The concept of a new Civic Link in the CBD between Parramatta Square and Parramatta River, as shown in Figure 1, was originally identified in the Parramatta Lanes Strategy (2010) and subsequently reflected in Parramatta DCP 2011. Initial design work was undertaken as part of Design Parramatta (2012) and the northern anchor of the Link at the River was developed in the Parramatta City River Strategy (2015).

2. The Civic Link Framework Plan (Framework Plan) was endorsed by Council on 25 February 2019. The Framework Plan outlines the long-term vision and general alignment for the Civic Link – a new green, cultural, connected public space for the Parramatta CBD. It responds to the scale and pace of change in the CBD by providing more pedestrian space to cater for increased commercial and residential development, as well as State Government investment including new public transport infrastructure and a new Museum.

3. Following a report to Council on 25 February 2019, the draft Civic Link Development Control Plan (DCP) went on public exhibition from 3 April to 16 May 2019, in order to obtain feedback from all stakeholders and community members. The draft DCP included general objectives for the Civic Link and detailed planning controls for Block 1 (Parramatta Square), Block 2 (Horwood Block), and Block 4 (Parramatta Museum). Detailed controls for Block 3 are subject to additional work and were not included in the draft DCP.

Figure 1: Civic Link Block 1 to 4

4. The exhibited draft DCP identifies new public open spaces, streets, and laneways; guides property access and servicing; describes how future buildings will interact with public spaces; and outlines the shape of future built form.

5. Subsequent to public exhibition of the draft DCP, the State Government announced the location of the future Parramatta station of the Sydney Metro West in Civic Link Block 2 and lodged a state significant development application for Concept Design and Stage 1 of the project. Council’s submission to the Sydney Metro EIS dated 13 July 2020 reiterated the objectives of the draft DCP.

6. Subsequent to public exhibition, the State Government also concluded an international design competition for the Powerhouse Museum (located in Block 4 of the Civic Link) and lodged a state significant development application for the project. Council’s submission on the Powerhouse Museum dated 2 July 2020, reiterated the objectives of the draft DCP.

7. The Civic Link is identified as a transformational project in the Community Strategic Plan 2018-2038 and Delivery Program 2018-2021.

DETAILED CONTROLS FOR BLOCK 2 – RECOMMENDED FOR DEFERRAL

8. Subsequent to public exhibition of the draft DCP, it was announced that Parramatta station of the Sydney Metro West be located in Block 2 of the Civic Link. The DCP’s broad objectives and future character remain relevant, however new opportunities may now be available for future streets, pedestrian links and development parcels.

9. It is recommended adoption of detailed DCP controls for Block 2 be deferred and referred back to Council as a future DCP amendment.

Report_Metro Acquisition and Amalgamation_200610_Workshop_Workshop

Figure 2: Sydney Metro West Acquisition and draft DCP Property Amalgamation Pattern

DETAILED CONTROLS FOR BLOCKS 1 AND 4 – RECOMMENDED FOR ENDORSEMENT WITH MINOR AMMENDMENTS

10. Feedback from the public exhibition has largely resulted in minor amendments to the DCP as outlined in Attachment 2. Amendments include clarification on service access ways, addition of a public art objective, an update to Square 3 (at 119a Macquarie Street) to reflect a building with a reduced square on this site, updates to graphics for improved clarity and to address feedback from Parramatta Light Rail regarding stop location.

11. Detailed controls for Block 1 are unaffected by Sydney Metro West and are recommended for endorsement with minor amendments to provide certainty to landowners and Council regarding development outcomes. The exhibited draft DCP identified 119a Macquarie Street as an ‘option site’, with two possible development outcomes. Discussions with the landowner have resulted in a preference for a smaller built form outcome whist complying with the setbacks, which is reflected in the revised DCP.

12. It is recommended that the objectives and controls for Block 4 are endorsed with minor amendment and that key issues, such as the retention of Willow Grove and St Georges Terraces, the width of the Civic Link, and accessibility, are considered during design development and in consultation with State Government.

13. As most of the proposed post-exhibition amendments are minor and do not require re-exhibition, it is recommended Council adopt the revised Civic Link DCP for Blocks 1 and 4 at Attachment 2.

119A MACQUARIE STREET

14. One smaller site, 119a Macquarie Street, located within Block 1, is impacted by a number of changes proposed by the draft DCP.

15. As a result of the cumulative impacts of Parramatta Light Rail, Parramatta Square and Civic Link, 119a Macquarie Street is impacted by a 7.5 metre northern setback, a 6.5 metre eastern setback and a minimum 6.0 metre southern setback. This property has no amalgamation opportunity.

16. It is recommended that Council adopt the revised DCP controls for this site and continue discussions with the affected landowner to achieve a mutually agreed outcome.

CONSULTATION & TIMING

17. The public exhibition of the draft Civic Link DCP commenced 3 April 2019 and concluded 16 May 2019 and included:

a. Website, hard-copies, and notification letters to landowners, tenants, stakeholders, State Government agencies, CoP ATSI Committee, CoP Cycleways Committee, CoP Traffic Committee, CoP Local Emergency Management Committee, CoP Heritage Committee, CoP Access Committee and the CoP Floodplain Risk Management Committee.

b. A stakeholder briefing session held 10 April and attended by 22 people;

c. Public drop-in sessions at Centenary Square on Friday 3 May 12-2pm and Saturday 4 May 9-11am, attended by approx. 50 people; and

d. One-on-one meetings to provide further information and answer questions on the draft DCP as requested by 4 affected landowners

18. During the exhibition Council received a total of 22 formal submissions, 22 attendees at the stakeholder briefing session, and 34 comments during the drop-in sessions. Issues raised and Council officers’ response are summarised at Attachment 1.

19. Formal submissions were received from landowners, utility providers, Transport for NSW, social service providers and local residents. Issues raised primarily addressed property impacts and redevelopment timeframes; impacts to Parramatta Mission and their services, and the nature and function of laneways.

20. Overall, comments received by the community during drop-in sessions were generally supportive of the Civic Link and expressed a desire to see it delivered.

21. Some issues were raised in submissions regarding access, servicing, and traffic circulation, such as common freight facilities, intersection treatments and detailed cycling provisions. These issues will be addressed in consultation with Transport for NSW (incorporating former Roads and Maritime Services) in subsequent design phases of the project and future planning of the CBD.

22. Some submissions expressed issues relating to the financial implications of setbacks and land dedications required to realise the Civic Link and adjacent laneways. The majority of these occur on large sites and will be resolved through the development process.

23. Some submissions raised concern with the impact of the draft DCP to the development viability of small sites. Some small sites (such as 119a Macquarie Street, 68 Macquarie Street and 73 George Street) have constraints which would be minimised if they amalgamate with adjacent properties. The potential amalgamation scenarios for these and other sites are addressed in the revised DCP.

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

Date

Councillor

Councillor Comment

Council Officer Response

Responsibility

13.05.20

Councillor briefing

· Support for proposed minor amendments to the DCP for Blocks 1 and 4

· Support for progression of further detailed work for Blocks 2 and 3.

Councillor feedback noted and incorporated into Council report

Group Manager City Design

16.09.20

Councillor

briefing

· General questions and clarifications sought regarding draft DCP for Blocks 1 and 4

Councillor feedback noted and incorporated into Council report

Group Manager City Design

FINANCIAL IMPLICATIONS FOR COUNCIL

25. The DCP is an essential step in securing space for the Civic Link. It provides certainty for Council, landowners and stakeholders (including the State Government) in cases where parts of the Civic Link may be delivered through development opportunities.

26. Costs associated with the exhibition, preparation and finalisation of the DCP are covered within the City Planning and Design Directorate budget.

27. Financial implications associated with property impacts to 119a Macquarie Street located in Block 1 are subject to further discussion and negotiation with the landowner. The delivery of the Civic Link through Block 4 shall occur as part of the Powerhouse Parramatta project.

28. Financial implications associated with the delivery of Blocks 2 and 3 are subject to further discussion with the State Government and deferred to a future Council meeting.

29. An allocation has been made in the Delivery Plan for capital costs associated with the delivery of the Civic Link.

Deena Ridenour

Snr Project Officer

Callantha Brigham

City Transformation Manager

Kelly van der Zanden

Group Manager City Design

Paul Perrett

Chief Financial Officer

Jennifer Concato

Executive Director City Planning and Design

Brett Newman

Chief Executive Officer

Attachments:

1 ⇩	D07491247 Attachment 1_Public Submissions Summary_August 2020	9 Pages
2 ⇩	D07663361 Attachment 2_Table of Minor Amendments_August 2020_final	2 Pages
3 ⇩	D07663367 Attachment 3_Civic Link DCP_For Adoption_September 20202 final	15 Pages

REFERENCE MATERIAL

Council 12 October 2020 Item 17.2

INNOVATIVE

ITEM NUMBER 17.2

SUBJECT FOR APPROVAL: Submission on the 2020 Revised Draft Master Plan for the Carter Street Precinct

REFERENCE F2016/03578 - D07629095

REPORT OF Project Officer Land Use

PURPOSE:

To seek Council’s approval of a submission on the 2020 revised draft master plan for the Carter Street Precinct. The revised draft master plan seeks to finalise the master plan that was exhibited in 2018 with some further proposed changes.

RECOMMENDATION

(a) That Council approve the submission at Attachment 1 to the 2020 revised draft master plan for the Carter Street Precinct, noting it makes the following key points:

i. That Council does not support the additional dwelling capacity within the Precinct without provision for additional community infrastructure

ii. Seeking clarification relating to the rationale used to justify the additional 700 new dwellings based on the Sydney Metro station

iii. Seeking clarification relating to the implementation of the proposed planning controls and additional local provisions and their potential impact on current development applications in the Precinct

iv. Raising concerns that there is a lack of affordable rental housing proposed in the Precinct

v. Seeking clarification on the mechanism to protect and deliver land around a potential stop for Parramatta Light Rail – Stage 2

vi. Reiterating Council’s position from its 2018 Carter Street Master Plan submission that the State Government fully funds and delivers the road widening of Hill Road required as a consequence of the potential westbound off-ramp from the M4

vii. Raising concerns that there is a proposed reduction in the overall open space provision compared to the 2018 exhibited draft revised Carter Street Master Plan despite the need for more open space to service a high density precinct

viii. The need to include greater sustainability controls for the Precinct

ix. Seeking clarification relating to the transfer mechanisms for the public open space to guarantee its delivery to Council as part of the State planning agreement

(b) Further, that Council grant delegation to the Chief Executive Officer to make a submission to the Department of Planning, Industry and Environment on behalf of Council in relation to the State Planning Agreement at 1-5, 7 and 9 Carter Street and 23 Uhrig Road, Lidcombe that is consistent with the approach taken in the report.

BACKGROUND

1. The Carter Street Precinct was rezoned in November 2015 to provide for up to 5,500 new dwellings, a new village centre, a site for a new primary school and new public open space.

2. In 2018, the Department of Planning, Industry and Environment (DPIE) undertook a review of the planning controls for the Precinct and publicly exhibited a revised draft master plan. The 2018 revised draft master plan proposed the following:

i. No additional dwelling density

ii. A potential westbound off-ramp from the M4 to Hill Road

iii. A potential Parramatta Light Rail (PLR) Stage 2 stop and terminus at the Precinct town centre

iv. Relocation of the future school site from the north to the centre of the Precinct

v. Potential provision of increased open space and open space configuration

vi. Review of existing urban design and development controls.

3. At its meeting on 29 October 2018, Council considered and endorsed a submission on the 2018 revised draft master plan (Appendix A to Attachment 1). In its submission, Council raised a number of key concerns including:

i. No additional density over and above the existing controls should be accommodated in the Precinct as part of this process

ii. Concerns relating to development near fuel/gas pipelines

iii. Concerns relating to additional open space located within Sydney Olympic Park Authority (SOPA) land

iv. Any upgrade to Hill Road as a consequence of the M4 off-ramp must be fully funded by the State Government.

CURRENT STATUS

4. The DPIE has recently placed an updated 2020 revised draft Carter Street Master Plan (CSMP) on public exhibition (Figure 1).

Figure 1 – 2020 revised draft Carter Street Master Plan

5. The 2020 draft revised CSMP proposes the following key changes to the 2018 draft revised CSMP:

i. Increased dwelling capacity within the Carter Street Precinct for approximately 700 new dwellings in addition to the 5,500 dwellings achievable under the existing controls. The exhibition material contends that this increase in density can be accommodated due to the confirmation of the future Sydney Metro station at Sydney Olympic Park. The additional 700 dwellings are proposed to be located within walking distance of the future Sydney Metro Station, and increases in building heights and floor space ratios within this walking catchment will facilitate their delivery.

ii. Introduction of additional local provisions to reduce car parking rates and encourage public transport patronage.

6. A State planning agreement has been exhibited concurrently with the CSMP for the land at 15-21, 23-31 and 33-35 Carter Street, Lidcombe. The parties to the State planning agreement are the Minister for Planning and Public Spaces (Minister) and Australia YMCI (YMCI). Despite Council not being proposed as a party to the planning agreement, the agreement includes the proposed delivery and handover of local open space to Council. This matter is considered later in this report.

7. A separate State planning agreement from the CSMP and has also recently been placed on public exhibition for the land at 1-5, 7 and 9 Carter Street and 23 Uhrig Road, Lidcombe. This matter is not considered in detail in this report as it does not form part of the package of the exhibited CSMP. Notwithstanding, Council officers have outlined the key issues in this report and propose to provide a submission to this State planning agreement as a separate matter.

8. The exhibition of the CSMP concluded on 28 September 2020. However, Council officers sought an extension to allow a submission to be considered by Council. The DPIE has granted an extension until 16 October 2020 to enable this matter to be reported to Council.

9. Accordingly, a draft submission has been prepared and is included at Attachment 1.

KEY ISSUES ARISING FROM THE 2020 REVISED DRAFT CSMP

10. A number of issues are raised by the CSMP. Below is a summary of the key issues that are examined in more detail in the draft submission at Attachment 1. These include reiteration of concerns raised in the 2018 submission that have not been addressed in the 2020 CSMP as well as addressing new proposed changes.

Additional dwelling capacity and the need for additional public infrastructure

11. The CSMP proposes that following the confirmation of the future Sydney Metro station at Sydney Olympic Park, an increase in dwelling capacity can be accommodated to facilitate an additional 700 new dwellings. This increase would result in the dwelling capacity of the Carter Street Precinct increasing to approximately 6,200 dwellings compared to the 5,500 dwellings achievable under the existing controls.

12. Council officers are generally supportive of development located in proximity to public transport nodes to encourage public transport patronage. However, as raised in Council’s submission on the 2018 CSMP, an increase in the dwelling capacity is not supported without provision of additional community infrastructure within the Precinct to support the new population. It is also unclear what methodology was used to determine whether an additional 700 dwellings within the Precinct was an appropriate and sustainable increase in density.

Additional local provisions – incentives clauses

13. The CSMP proposes to include additional local provisions under the Auburn Local Environmental Plan (ALEP) 2010 to incentivise public transport patronage. The proposed incentive clauses seek to allow increases to the maximum height of buildings and maximum floor space ratio controls for certain sites within proximity to the future Sydney Metro station, subject to a reduction in car parking rates (see Figure 2 – the applicable sites are identified as “A”, “B”, “C” and “D”). The proposed new Metro station will be approximately within 800 metres from the eastern portion of the Precinct bordering SOPA land (see Figure 1).

Figure 2 – Additional Local Provisions Map – Subject sites

14. The submission raises concerns relating to the proposed incentive clauses as it is unclear whether these incentives are applicable to the whole of each identified site, or if they are applicable only to the portion that achieves an uplift by reducing car parking as per the proposed additional local provisions. Further details on the sites which are subject to the additional local provisions clauses that could potentially seek an increase to building heights and floor space ratios (subject to the utilisation of reduced parking rates) is provided in the draft submission at Attachment 1.

15. The submission therefore recommends that the DPIE provide draft clauses to Council prior to any finalisation of the CSMP and that Council be involved in the drafting process, and that further clarification be provided regarding their application.

Other issues raised in the submission

16. Other issues raised are addressed in more detail in the submission at Attachment 1 and are summarised below:

i. Further clarification is required regarding the legislative implications should the CSMP be finalised, which may impact upon the future implementation of Council’s local environmental plan harmonisation process and existing development control plans within the Precinct.

ii. Concerns relating to reduced visitor parking and the impacts on future residents and visitors to the Precinct.

iii. Concerns relating to the reduction in overall proposed open space between the 2018 and 2020 CSMP. Under the 2018 CSMP, the large open space component was exhibited to be 3.4ha, however under the 2020 CSMP Development Framework, this open space is proposed to be reduced to 3.08ha.

iv. The issue of the north-western portion of the central open space being located in the SOPA land. There is a lack of consideration in the CSMP of how this will be addressed in terms of ownership and maintenance which would result in ongoing management complexities. As a minimum the development framework needs to include provisions that address multiple ownership and the delivery of public open space that is reliant upon securing SOPA managed land.

v. Concerns that whilst there is land identified to be delivered under the State planning agreement for Hill Road widening, there is no mention in the CSMP of who would be responsible for undertaking this upgrade. The attached draft submission reiterate the concern raised in the submission on the 2018 CSMP that the need to upgrade Hill Road is a consequence of the potential westbound off-ramp from the M4, and therefore the State needs to fully fund and deliver this road widening.

vi. The submission seeks clarification on the mechanism to protect and deliver land around a potential stop for PLR – Stage 2.

vii. Concerns relating to the future built form based on the additional local provisions incentive clauses, particularly in relation to the adjusted heights. This includes concerns relating to solar access and both distant and proximate views.

viii. The need to include sustainability controls which Council raised in its previous submission which are not all addressed in the 2020 CSMP, as well as including additional sustainability controls that have been identified.

STATE PLANNING AGREEMENTS

State planning agreement at 15-21, 23-31 and 33-35 Carter Street, Lidcombe (YMCI)

17. As mentioned above, a State planning agreement was exhibited concurrently with the CSMP. The relevant parties to the State planning agreement include the Minister and YMCI, with Council not being a party of the planning agreement. The State VPA is applicable to land at 15-21, 23-31 and 33-35 Carter Street, Lidcombe (Figure 4).

Figure 4 – Land subject to the State VPA

18. Under the State planning agreement, the following deliverables are proposed to be provided by YMCI to the Minister or the Minister’s nominee:

i. Monetary contributions payable to the Minister or the Minister’s nominee - $109.41 per square metre of GFA that will result from carrying out the Development

ii. Transfer of Road Works Land to the Minister or the Minister’s nominee

iii. Transfer of Education Land to the Minister or the Minister’s nominee

iv. Transfer of Open Space Land to the Minister or the Minister’s nominee.

19. The monetary contribution to the State is to fulfil a satisfactory arrangement clause under Clause 6.8 of the ALEP 2010. The transfer of the road works land is expected to be retained by the State for the purposes of the Hill Road widening, of which, the submission reiterates that this upgrade needs to be fully funded and delivered by the State government (as per Appendix A of Attachment 1). The education land is expected to be retained by the State for the purposes of the future school.

20. Of the abovementioned deliverables, the open space item is expected to be transferred to Council from the Minister or the Minister’s nominee. The open space item is identified as the central open space which is proposed to be located adjacent to the future school site (Figure 5). This open space is already zoned as RE1 Public Recreation under the ALEP 2010 with Council being identified as the relevant acquisition authority under the Land Reservation Acquisition map since the rezoning in 2015. Therefore, this land remains an existing funding liability for Council being the relevant acquisition authority to fulfil legislative obligations.

Figure 5 – Proposed open space to be delivered under the State planning agreement

21. The draft submission is supportive of the transfer of the open space for public benefit under the State planning agreement. However, concerns are raised relating to the transfer mechanism to Council. Under the State planning agreement, this transfer of land is to be delivered from YMCI to the Minister or Minister’s nominee without explicit mention of Council as the recipient. Therefore, further clarification of this matter is required to ensure that Council is secured as the recipient.

22. Under the State planning agreement, this land is to be delivered as ‘fit for purpose’ to a standard that is suitable for the proposed use as public open space. This includes remediation, turfing and levels, however, at minimal embellishment upon transfer. Embellishment of the park will be able to be undertaken by Council and funded through development contributions collected under the Carter Street Precinct Development Contributions Plan 2016. Given Council is not party to the planning agreement, it is important for Council to have a role in determining whether the asset is in fact ‘fit for purpose’ prior to its handover by the State Government and that no additional cost liability will accrue to Council. The submission emphasises that any asset being handed to Council must be remediated and embellished to Council’s satisfaction prior to any handover.

State planning agreement at 1-5, 7 and 9 Carter Street and 23 Uhrig Road, Lidcombe (Meriton Group)

23. On 15 September 2020, the DPIE placed a separate State planning agreement for the land at 1-5, 7 and 9 Carter Street and 23 Uhrig Road, Lidcombe on public exhibition. This State planning agreement is being exhibited separately from the 2020 revised draft CSMP and has not been considered in the submission at Attachment 1. The exhibition for this planning agreement closes on 14 October 2020.

24. The relevant parties to this planning agreement include the Minister and Karimbla Properties (Meriton Group). Council is not a party to this planning agreement. Similar to the State planning agreement between the Minister and YMCI, this State planning agreement includes local infrastructure items to be transferred to the Minister or the Minister’s nominee. These include local open space and a ‘cold shell’ community centre located at Uhrig Road.

25. Council officers recommend that Council grant delegation to the Chief Executive Officer to enable him to make a submission on behalf of Council raising issues consistent with the approach taken to the YMCI State planning agreement and the submission on the CSMP in order to meet the exhibition closing date.

CONSULTATION & TIMING

Stakeholder Consultation

26. The following stakeholder consultation has been undertaken within Council in relation to this matter:

Date

Stakeholder

Stakeholder Comment

Council Officer Response

Responsibility

31 August 2020

· City Design Unit

· Traffic and Transport team

· Social Outcomes team

· Transport Planning team

· Open Space and Recreation team

· Environmental Outcomes team

· Legal Services team

· City Significant Development team

Raising concerns relating to relevant issues as part of the 2020 revised draft CSMP

Comments included in submission at Attachment 1

Group Manager City Planning

Councillor Consultation

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

Date	Councillor	Councillor Comment	Council Officer Response	Responsibility
8 September 2020	Email to all Councillors	No comments received	Not required	Group Manager City Planning

FINANCIAL IMPLICATION FOR COUNCIL

28. The open space item under the State planning agreement is expected to be transferred to Council as the Minister’s nominee as Council is nominated as the relevant acquisition authority on the Land Reservation Acquisition Map in the ALEP 2010. Should this transfer occur, as per Clause 5.2 of the State planning agreement, this land must be transferred for $1.

29. However, should the State planning agreement not proceed, Council is expected to fully fund the acquisition of this land. This is due to the site currently being zoned RE1 Public Recreation and Council being identified as the relevant acquisition authority on the Land Reservation Acquisition map in the Auburn LEP 2010. This already places Council under a legislative obligation to acquire the land and to fund its ongoing maintenance.

30. Should the open space be transferred to Council as part of the State planning agreement, it will fulfil the legislative obligation for Council to acquire this land at no cost greater than $1, as per the State planning agreement. This land is required to be transferred by no later than 31 December 2023. Council would be required to fund its maintenance which will be factored into future budget and operational plans.

31. The transfer of the open space land is required to be at minimal embellishment under the State planning agreement. Therefore, the higher embellishment of the park, should it be transferred to Council as part of the State planning agreement or acquired, would be funded using development contributions collected under Carter Street Precinct Development Contributions Plan 2016, to the value of $3 million as identified under the plan.

Darren Caballero

Project Officer Land Use

Kevin Kuo

Team Leader LUP

Michael Rogers

Land Use Planning Manager

David Birds

Group Manager, City Planning

Paul Perrett

Chief Financial Officer

Jennifer Concato

Executive Director City Planning and Design

Brett Newman

Chief Executive Officer

Attachments:

1 ⇩

Submission to the 2020 revised draft Carter Street Master Plan

132 Pages

REFERENCE MATERIAL

Council 12 October 2020 Item 18.1

NOTICE OF MOTION

ITEM NUMBER 18.1

SUBJECT NOTICE OF MOTION: Civic Link (Deferred Item)

REFERENCE F2018/02414 - D07535991

FROM Councillor Prociv

This Notice of Motion was originally listed for the Council Meeting on 13 July 2020 Item 19.2 but was deferred for consideration to this Council Meeting.

MOTION

(a) That Council request an urgent meeting with the Minister for Planning and Public Spaces to lobby for the inclusion of Council’s vision for Civic Link, an open green corridor that provides a visual and active pedestrian access along, and within a direct South to North alignment from Parramatta Square to the Parramatta River.

(b) That the Minister for Planning and Public Spaces be provided with a comprehensive briefing on the history and intention of Council’s planning vision for Civic Link - of retaining and enhancing heritage while maximising active passageway to and from the river - in all or any Parramatta Powerhouse and Riverbank Architectural plans and designs..

(c) That Council request that the Council Strategic documents Riverbank Development Blueprint and Civic Link Framework Plan - a vibrant green heart for Australia’s next great city, endorsed in-principle by the Administrator on 10 July 2017 and available on Council’s website - be consulted and considered as being the optimum delivery strategies for the inclusion of Civic Link.

(d) That Council delegate authority to the Chief Executive Officer to engage in all the necessary consultation.

(e) Further, that a progress report on this matter be brought back to Council at the first meeting of December 2020.

BACKGROUND

1. Civic Link has been described as:

· A unifying element, that ties together the varied examples of built form and it’s uses that create the fabric of the City of Parramatta.

· Retaining, Protecting and Incorporating heritage into the fine grain, scale and character, of the city.

· Responding to and incorporating Council’s broader social, cultural, transport and environmental aspirations into future development and design.

· Ensuring the provision of green space in the CBD is equitable and CBD residents and workers can take advantage of the health and wellbeing benefits that green spaces provide.

· Activating the commercial core of Parramatta beyond traditional operating hours of Monday to Friday 9-5.

2. Civic Link was first identified as an integral part of a CBD activation plan, providing a pedestrian lanes throughway from the then Civic Place (Now Parramatta Square) to a public square on the Parramatta River, in the 2011.

3. In the 2011 document “Parramatta City Centre Lanes Policy” attention is drawn to Figure 1: Existing + Proposed New Lanes, Arcades and Through Site Links in Parramatta City Centre.(Attachment 4)

4. From 2014 to 2016 extensive work was done by Council in developing the Parramatta River Strategy, the centerpiece of which was Civic Link, as it provided a direct South North link from Parramatta Square to the River.

5. The Parramatta City Council Business paper of the 26 June 2017 describes Civic Link as being ‘one of at least three major public spaces to be delivered in Parramatta CBD over the next 10 years…. (contributing) to the transformation of Parramatta CBD into world class, resilient, human centric city’.

6. On the 10 July 2017 Civic Link Framework Plan A vibrant green heart for Australia’s next great city, endorsed in-principle by the Administrator

The key objectives for the Framework include;

· Be an identifiable place within the CBD with a memorable name and sense of place

· Connect (physically and symbolically) Parramatta Square Transport Interchange to River Square and corridor

· Complement, extend and link into the City’s Night Time Economy

· Create a second activated North-South spine through the heart of the commercial core, transitioning from the civic, built environment to the river foreshore environment

· Recognise and respond to heritage along the Link, (including interface an d retention of Willow Grove and St George’s Terraces).

7. Parramatta is Australia’s second oldest city (10 months younger than Sydney) and as a result, there are a number of heritage items listed on the world, state and local heritage registers, that are located within the site. The items help to create a character, a sense of place and landmarks that include;

a. Willow Grove: Originally built as a private home between 1870 and 1880, its uses include a private hospital and maternity hospital, which gives the building some prominence in the medical and maternity history of Parramatta.

b. Roxy Theatre: The Roxy is a purpose-built Inter-War Spanish Mission theatre and, with its overall form and surviving original fit-out and fabric, its displays the major attributes of this building type. The theatre provides evidence of the changing nature of film theatres since the 1920s and the size of architectural character of the building also reflects American cultural influences in the inter-war period and the profitability of ‘Picture palaces’. More recently, it has been converted into a bar, restaurant and nightclub complex.

c. Dr. Pringles House: Dr George Hogarth Pringle was a famous surgeon who invented the ‘Pringle manoeuvre’, which is the technique to minimise blood loss during surgery.

d. The Civic Arcade: is of historical and social significance as the site of the first cinema in Parramatta. Although gutted internally the George Street facade retains most of its form, the high parapet wall and main cinema building envelope and rivetted steel awning. The site has archaeological potential related to European occupation since 1790.

e. Drain: Possibly constructed in the 1820’s during Macquarie’s Governorship. It commenced near the junction of Argyle and Church Streets, and across Macquarie, Smith, George and Phillip Streets before it emptied into Parramatta River. It was thought to have helped manage flooding issues.

8. As the Civic Link extends from the station in the south to the Parramatta River in the north, it touches many different types of built form and will act as a unifying element, that ties together the varied built fabric of the city.

9. The Civic Link presents a unique opportunity to connect major cultural and historically important facilities including a well designed Parramatta Powerhouse Museum Annex, Willow Grove, the Roxy Theatre and 5 Parramatta Square.

10. The Civic Link represents an opportunity to address current shortfalls in green space.

11. Its new buildings and laneways offer the potential to support incubators, small bars, collaborative work spaces and creative industries. Its public spaces will serve as a platform for art, heritage, events, festivals, and places to gather - for the diverse population that is Parramatta.

Patricia Prociv

Councillor

EXECUTIVE DIRECTOR CITY PLANNING AND DESIGN RESPONSE

12. In relation to parts (a) and (b), Council staff consider that the most effective way to continue to advocate for Civic Link and to realise the desired vision and outcomes outlined in the Civic Link Framework Plan, is through continued collaboration with the Powerhouse and the Department of Planning, Industry and Environment (DPIE), noting that the final determination of the State Significant Development Application (SSDA) rests with the Minister for Planning and Public Spaces.

13. The Civic Link Framework Plan formed part of the suite of documents and policies that were considered by the applicant in its Environmental Impact Statement (EIS) as well as through the design competition process.

14. In relation to part (c), the Civic Link Framework Plan was informed by the earlier strategic work, including the Riverbank Development Blueprint which considered a development scenario on the subject site which is now superseded by plans for a museum.

15. Further to part (c), Council’s draft submission on the Powerhouse SSDA notes concerns for the current design response to Civic Link. It strongly advocates for further design resolution, requesting to work collaboratively with DPIE, the Powerhouse and the Design Integrity Panel to ensure the objectives and vision for Civic Link are realised.

16. Please note a Council Officer report on the draft Civic Link Development Control Plan is an item on this Council meeting’s agenda.

FINANCIAL AND RESOURCE IMPLICATIONS

17. Should Council support this NOM, meetings/briefings can be held by relevant senior staff. Updates at key milestones should be provided to Council by way of a briefing note rather than a monthly report to ensure efficient use of resources.

Jennifer Concato

Executive Director City Planning & Design

Brett Newman

Chief Executive Officer

Attachments:

1 ⇩	Map Civic Link Framework Plan A vibrant green heart for Australians next great city pg 5	1 Page
2 ⇩	Map Riverbank Development Blueprint	1 Page

		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

Focus Area status	#	%
Progressing - on track	57	25%
Finalised	108	48%
Completed	12	5%
Progressing - behind schedule	42	19%
Not due to start	5	2%
Total	224	100%

Service Measure status	#	%
Achieved	78	53%
Progressing	20	14%
Not achieved	40	27%
Data not available	8	5%
Total	146	100%

Description	Amount	Commentary
*Included in DPOP over 3 Years*
SCF Grant Funding	$ 13,300,000
Section 7.11 Former Hornsby Plan (Open Space & Recreation)	$ 5,200,000
Total Approved Budget Spend	$ 18,500,000

*Additional Allocated Funds to Project*
SCF Grant Funding	$ 1,000,000	Funds allocated to Epping Library Improvement works to be funded by Section 7.11 Former Hornsby Plan (Community Facilities)
Section 7.11 Former Hornsby Plan (Open Space & Recreation)	$ 2,200,000	Projected contributions received from 2020/21 financial year through 2021/22 financial year.
T-Corp 20 Year Loan	$ 5,000,000	Remaining balance funded from a loan and repaid by additional revenue received from of upgrade of facility.
Total Additional Allocated Funds	$ 8,200,000

Total Amended Project Budget	$ 26,700,000


	Press	Press

Public Gallery