Agenda of Council - Monday, 22 February 2021

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, 8 February 2021 AT 6.30pm

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

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

confirmed.

PRESENT

The Lord Mayor, Councillor Bob Dwyer and Councillors Benjamin Barrak (6:36pm) Phil Bradley (6:33pm), Donna Davis (6:33pm), Pierre Esber, Michelle Garrard (Deputy Lord Mayor), Steven Issa, Andrew Jefferies (6:35pm), Sameer Pandey, Dr Patricia Prociv, Bill Tyrrell, Andrew Wilson, Lorraine Wearne and Martin Zaiter.

1. OPENING MEETING

The Deputy Lord Mayor, Councillor Michelle Garrard, opened the meeting at 6.32pm.

2. ACKNOWLEDGEMENT OF THE TRADITIONAL LAND OWNERS

The Deputy 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 Deputy 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 7 December 2020

3055

RESOLVED (Esber/Tyrrell)

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

6. APOLOGIES/REQUESTS FOR LEAVE OF ABSENCE

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

7. DECLARATIONS OF INTEREST

There were no Declarations of Interest made at this meeting.

Note: Councillor Jefferies arrived at 6:35pm after Declarations of Interest.

8. Minutes of the Lord Mayor

There were no Minutes of the Lord Mayor at this meeting.

9. Public Forum

9.1

SUBJECT PUBLIC FORUM 1: Item 17.2 - Gateway Request- Planning Proposal to increase Commercial Floorspace in the Epping Town Centre

REFERENCE F2020/03849 - D07880716

FROM Mike Moffatt

My name is Mike Moffatt, and I speak on behalf of Epping Civic Trust. Thank you for the opportunity to address this meeting in relation to Item 17.2 of Council’s agenda, Gateway Request- Planning Proposal to increase Commercial Floorspace in the Epping Town Centre.

Only a short while ago, you, as Councillors, passed a motion to prevent Clause 4.6 variations being used to increase the density of new developments, but in this motion the proposal of item 17.2 does just that. If this Planning Proposal is approved, Floor Space Ratios, that is residential density, will increase in the Epping CBD by in general terms 1:1 And building heights in the Epping CBD will increase by between six and ten storeys depending on the site location.

The higher and denser development will clearly increase the value of the land but it is the Community that will pay for it with increased traffic, overcrowding, and with adverse wind and shade effects. And under this proposal, as we understand it, the community does not even receive the benefit of developer contributions from the value uplift under the Council’s Planning Agreement Policy.

This Trust has consistently argued in favour of increased Commercial Space in new developments. Commercial life in Epping has been gutted in recent years. We think a minimum commercial floor space in all new buildings should be mandatory.

The current Parramatta DCP requires “up to” 4 storeys to be allocated for Commercial use.

Under this clause and a similar Hornsby Council clause, none or very little has been provided to date. But we believe there should be no need to increase building heights and densities in order to persuade developers to include reasonable amounts of commercial space. Surely the problem could be resolved by mandating the number of storeys allocated to commercial space, rather than suggesting “up to” a certain number may be provided.

We understand that the Planning Panel recommended that additional FSR, “as a bonus” for more commercial space should be limited to 0.5:1. But Council Staff have rejected this and suggested they would prefer a higher “bonus” of 1:1.This is certainly favouring developers and landowners at the expense of the Community. The Trust does not think a bonus should be necessary at all.

Certainly the increased height and densities proposed here are too high a price for the Community to pay for the reasonable provision of Commercial space.

We request that Council delay taking action on this proposal until these matters have been further considered by Council Staff, changed, and brought back for further consideration by Council.

STAFF RESPONSE

No staff response was provided.

Note: Councillor Barrak arrived at 6:35pm during Public Forum.

10. Petitions

There were no petitions tabled at this meeting.

11. Rescission Motions

11.1	SUBJECT RESCISSION MOTION: Item 12.3 Central City Advocacy & Council's WSROC Membership REFERENCE F2019/04433 - D07840620 REPORT OF Councillor Pandey
	MOTION (Pandey/Esber) That the resolution of the Council held on 7 December 2020 in relation to Item 12.3 – Central City Advocacy & Council’s WSROC Membership, namely: (a) That* Council approve the withdrawal of membership from the Western Sydney Regional Organisation of Councils Ltd (WSROC).* (b) That Council approve the reallocation of the budget savings from the WSROC membership to a specific reserve until a decision is made on any organisation of Councils. (c) That* consultation be carried out with Councillors to determine how the Chamber will move forward and a report be provided to Council for a decision within six (6) months.* (d) Further, that* a report be provided to Council after 18 months following consultation with Councillors and the commencement of any organisation of Councils.* be and is hereby rescinded.
3056	RESOLVED (Tyrrell) That the motion be put.
	The motion moved by Councillor Pandey and seconded by Councillor Esber on being put was declared LOST. Note: Councillor Bradley requested that his name be recorded as having voted against the decision taken on this matter.

Matter of Urgency

3057

RESOLVED (Tyrrell/Zaiter)

That a procedural motion be granted to allow consideration of a matter of urgency in relation to Long Hai Day – Operation Hammersley.

The Deputy Lord Mayor ruled the matter to be urgent.

3058

RESOLVED (Tyrrell/Zaiter)

(a) That Council acknowledge the supreme sacrifice made by all those who served and remembered on Long Hai Day (Operation Hammersley) during actions in South Vietnam by forces of 8^th Battalion, Royal Australian Regiment that commenced February 1970 and ended March 1970.

(b) That Council acknowledges that the 8^th RAR Association members will be holding a service on Sunday 28^th February 2021 commencing at 10.30am being the 51^st anniversary of Long Hai Day at the Cenotaph at Epping.

(c) That Council acknowledges and approves the request by the 8RAR Association to install a plaque in honour of Sergeant Alan William Ahearn, a solider of the 8^th Battalion, Royal Australian regiment, who was killed in action during his tour of duty in South Vietnam on 14 May 1970. It is further acknowledged Allan was a local Epping boy who also attended Epping Boys High School.

(d) That Council acknowledges and approves the request by the 8RAR Association to install a second plaque at the Cenotaph in honour of all those 8^th Battalion members who made the supreme sacrifice during their service with the Battalion during its tour of South East Asia. It is further acknowledged that many members of 8RAR regard the Epping Cenotaph as their home Cenotaph.

(e) That Council work with the Association and members of the Epping RSL Sub-branch to approve the above plaques.

(f) That Council notes that the Lord Mayor and Ward Councilors have been invited to attend including local dignitaries.

(g) That Council provide assistance to the 8RAR Association and Epping RSL Sub-branch to enable them to host a COVID-119 compliant service, (as was provided during Remembrance Day 2020). This includes:

- Council approval of plaques and approval to fix to the Cenotaph

- Checking and Validation of both Plaque’s content.

- Park Booking

- COIVD Safe Plan

- Risk Assessment

- Chairs at the event for guests(60-70), spaced per COVID

- Registration table and QR Code

- Staffing Support on the event day – set up/ pack down/ registration

- Wreaths of flowers for the Lord Mayor and councilors who attend for laying at the service.

(h) That Council allocate a budget of $5,000 to undertake the above and that these funds be allocated from the Civic Events budget as discussed.

(i) That the Lord Mayor write a letter in honour to the family of acknowledgement to the family of the late Sergeant Allan William Ahearn, late of Epping. That the Lord Mayor write to the President and members of the 8^th Battalion, Royal Australian Regiment acknowledging all those who served during Operation Hammersley.

(j) Further, that the chamber hold a minutes silence as a mark of respect for all those who served during Operation Hammersley, 8^th Battalion, Royal Australian Regiment.

Note: Councillor Esber left the Chamber at 6:50pm and returned at 6:52pm during consideration of the matter of urgency.

Note: The Chamber observed a minute’s silence.

Procedural Motion

3059

RESOLVED (Tyrrell/Zaiter)

That Items 12.1, 12.2, 12.3 and 12.4 be resolved en bloc.

12. Fair

12.1

SUBJECT FOR NOTATION: Investment Report for November 2020

REFERENCE F2009/00971 - D07787761

REPORT OF Tax and Treasury Accountant

3060

RESOLVED (Tyrrell/Zaiter)

That Council receive the Investment Report for November 2020.

12.2

SUBJECT FOR NOTATION: Investment Report for December 2020

REFERENCE F2009/00971 - D07842901

REPORT OF Tax and Treasury Accountant

3061

RESOLVED (Tyrrell/Zaiter)

That Council receive the Investment Report for December 2020.

12.3

SUBJECT FOR NOTATION: Minutes of Audit Risk and Improvement Committee Meetings

REFERENCE F2020/02054 - D07785460

REPORT OF Coordinator Internal Audit

3062

RESOLVED (Tyrrell/Zaiter)

That Council note the minutes of the Audit Risk and Improvement Committee meetings as provided at Attachment 1 and 2.

12.4

SUBJECT FOR NOTATION: Minutes of the Aboriginal and Torres Strait Islander Advisory Committee Meetings

REFERENCE F2017/00358 - D07792717

REPORT OF Community Capacity Building Officer

3063

RESOLVED (Tyrrell/Zaiter)

That Council note the minutes of the Aboriginal and Torres Strait Islander Advisory Committee Meetings held on 22 September and 27 October 2020.

12.5	SUBJECT FOR APPROVAL: Rates Harmonisation Community Feedback and Recommendation REFERENCE F2014/02600 - D07838866 REPORT OF Rates & Receivables Manager
	MOTION (Issa/Tyrrell) (a) That Council approve the new proposed rates structure, which has been out for community consultation. (b) That Council seek approval from the Minister for Local Government to increase the minimum ordinary rates for any rating category or subcategory that is above the statutory limit. (c) That the new proposed rates structure is included as part of 2021/2022 Delivery Program and Operational Plan and Budget. (d) Further, that Council establish with immediate effect an internally restricted reserve with an opening balance equivalent to the current reserve, plus an amount equivalent to a rolling average of the current special rate, plus CPI of the past 3 years, for the purpose of funding projects in the Parramatta CBD that would otherwise have been funded by the CBD Special Rate Levy.
	AMENDMENT (Bradley/) (a) That Council approve the new proposed rates structure, which has been out for community consultation. (b) That Council seek approval from the Minister for Local Government to increase the minimum ordinary rates for any rating category or subcategory that is above the statutory limit. (c) That the new proposed rates structure is included as part of 2021/2022 Delivery Program and Operational Plan and Budget. (d) That Council establish with immediate effect an internally restricted reserve with an opening balance equivalent to the current reserve, and $xm per financial year thereafter equivalent to a rolling average, plus CPI of the past 3 years, for the purpose of funding projects in the Parramatta CBD that would otherwise have been funded by the CBD Special Rate Levy. (e) Further, that Council also establish an internally restricted reserve for open space and embellishment on the same basis as the CBD special rate from funds that would otherwise be allocated to the open space and embellishment special rates. The amendment moved by Councillor Bradley lapsed without a seconder.
	AMENDMENT (Barrak/Wearne) (a) That Council approve the new proposed rates structure, which has been out for community consultation. (b) That Council seek approval from the Minister for Local Government to increase the minimum ordinary rates for any rating category or subcategory that is above the statutory limit. (c) Further, that the new proposed rates structure is included as part of 2021/2022 Delivery Program and Operational Plan and Budget. Councillor Tyrrell withdrew his second to the motion and moved a foreshadowed motion. Councillor Zaiter then seconded the motion. FORESHADOWED MOTION (Tyrrell/) That consideration of the matter be deferred and the proposed motion moved by Clr Issa and seconded by Clr Zaiter be raised in the Finance Committee Meeting and brought back to the Chamber in the next Council meeting. The amendment moved by Councillor Barrak and seconded by Councillor Wearne on being put was declared LOST. The motion moved by Councillor Issa and seconded by Councillor Zaiter on being put was declared LOST. The foreshadowed motion moved by Councillor Tyrrell then became the motion. Councillor Pandey seconded the motion. The motion moved by Councillor Tyrrell and seconded by Councillor Pandey on being put was declared CARRIED.
3064	RESOLVED (Tyrrell/Pandey) That consideration of the matter be deferred and the proposed motion moved by Clr Issa and seconded by Clr Zaiter be raised in the Finance Committee Meeting and brought back to the Chamber in the next Council meeting.

13. Accessible

13.1

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

REFERENCE F2009/00431 - D07788326

REPORT OF Group Manager - Development and Traffic Services

3066

RESOLVED (Esber/Pandey)

That the report be received and noted.

Note: Councillor Wilson left the Chamber at 7:38pm during consideration of Item 13.1.

13.2

SUBJECT FOR APPROVAL: Extension of appointment of existing Local Planning Panel Members

REFERENCE F2016/02347 - D07802237

REPORT OF Strategic Business Manager

3067

RESOLVED (Esber/Tyrrell)

That Council reappoint the current Chair, alternate Chairs and expert members of the Parramatta Local Planning Panel until appointment of new members or until 31 December 2021 (whichever comes first).

14. Green

Nil

15. Welcoming

Nil

16. Thriving

16.1

SUBJECT FOR APPROVAL: Melrose Park Precinct Naming Proposal

REFERENCE F2019/02288 - D07609207

REPORT OF Place Manager

3068

RESOLVED (Esber/Bradley)

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

Street	Appleroth
	Lemon tree
	Rose bush
Boulevard	Bundil
Lane	Wykoff
Park	Putt Putt

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

16.2

SUBJECT FOR APPROVAL: Mural at 11 Brodie Street Rydalmere

REFERENCE F2019/04097 - D07856097

REPORT OF Place Manager

3069

RESOLVED (Prociv/Davis)

(a) That Council grant approval for the mural to be painted on the building at 11 Brodie Street (private property) Rydalmere.

(b) Further, that a report be brought back to Council after the works are carried out summarising the results of the work.

Note: Councillor Wilson returned to the Chamber at 7:42pm during consideration of Item 16.2.

17. Innovative

17.1

SUBJECT FOR APPROVAL: Minutes of the Heritage Advisory Committee Meeting held on 26 November 2020

REFERENCE F2013/00235 - D07781826

REPORT OF Project Officer Land Use

3070

RESOLVED (Issa/Bradley)

(a) That Council receive and note the minutes of the Heritage Advisory Committee meeting of 26 November 2020.

(b) Further, that Council endorse Professor Liston remaining as a member of the Heritage Advisory Committee for the current term of this Council notwithstanding her change in circumstances.

17.2	SUBJECT FOR APPROVAL: Gateway Request - Planning Proposal to increase commercial floorspace in Epping Town Centre REFERENCE F2018/03032 - D07797520 REPORT OF Team Leader Land Use Planning
	MOTION (Tyrrell/Dwyer) (a) That Council delegates authority to the Chief Executive Officer to prepare a planning proposal which seeks the following amendments to Parramatta Local Environmental Plan 2011 and Hornsby Local Environmental Plan 2013 applying to all land in the B2 Local Centre zone in the Epping Town Centre, with the exception of 6-14 and 18A Bridge Street and 24-30 High Street, relating to Option 3 detailed in this report that: i. Introduces new clauses which: · Mandate a minimum amount of non-residential uses to be provided on the ground, first and second floors of any building facing a street of up to a maximum of 1:1 floor space ratio (FSR) of non-residential floorspace in addition to the mapped maximum floor space ratio. The clause shall also indicate that the FSR of residential development permitted on the site should not increase as a result of this requirement. · Allow for an increase in maximum height of buildings from 48 metres in some parts of Epping and 72 metres in some parts of Epping up to 80 metres (approx. 24 storeys) where sites have a mapped FSR of 4.5:1 and from 72 metres up to 90 metres (approx. 28 storeys) where sites have a mapped FSR of 6:1, only where developments provide a minimum amount of non-residential uses of ground, first and second floors of any building facing a street. · Ensure any change of use proposed on the first three levels would not allow residential uses. · Apply an exception to that part of a building that faces a service lane or is required for entrances and lobbies, access for fire services or vehicular access associated or servicing residential accommodation above. ii. Introduces a requirement that the proposed controls of the Planning Proposal apply to development applications determined once a Gateway Determination has been issued for this Planning Proposal. (b) That the Chief Executive Officer forwards the Planning Proposal to the Department of Planning, Industry and Environment (DPIE) to request the issuing of a Gateway Determination on behalf of Council. (c) That Council delegate authority to the Chief Executive Officer to prepare amendments to the relevant sections of the Parramatta Development Control Plan 2011 and Hornsby Development Control Plan 2013 to support the Planning Proposal relating to the following design controls, and place these on public exhibition with the Planning Proposal: i. podium height controls; ii. minimum floorplate dimensions; iii. floor to ceiling heights for non-residential uses; iv. location of services; and v. building and podium setback controls. (d) That Council advises the DPIE that the Chief Executive Officer will be exercising the plan-making delegations for this Planning Proposal as authorised by Council on 26 November 2012. (e) That Council delegate authority to the Chief Executive Officer to correct any minor anomalies of a non-policy and administrative nature that may arise during the plan-making process. (f) That within 5 years of the planning controls being made as an LEP amendment, that a review be undertaken of the effectiveness of the controls relating to the mandatory provision of a minimum level of commercial floorspace in the B2 Local Centre zone within the Epping Town Centre and any associated recommendations and this review be reported to Council. (g) That Council continue to work with the State Government to resolve traffic issues in Epping. (h) Further that, Council note the Local Planning Panel’s advice to Council at its meeting of 15 December 2020 is in support of the Planning Proposal, which is consistent with the Council Officer’s recommendation in this report.
	Note: Councillor Issa left the Chamber at 7:44pm and returned at 7:48pm during consideration of this matter.
	AMENDMENT (Davis/Prociv) (a) That Council delegates authority to the Chief Executive Officer to prepare a planning proposal which seeks the following amendments to Parramatta Local Environmental Plan 2011 and Hornsby Local Environmental Plan 2013 applying to all land in the B2 Local Centre zone in the Epping Town Centre, with the exception of 6-14 and 18A Bridge Street and 24-30 High Street, relating to Option 2 as detailed in this report. (b) That the Chief Executive Officer forwards the Planning Proposal to the Department of Planning, Industry and Environment (DPIE) to request the issuing of a Gateway Determination on behalf of Council. (c) That Council delegate authority to the Chief Executive Officer to prepare amendments to the relevant sections of the Parramatta Development Control Plan 2011 and Hornsby Development Control Plan 2013 to support the Planning Proposal relating to the following design controls, and place these on public exhibition with the Planning Proposal: i. podium height controls; ii. minimum floorplate dimensions; iii. floor to ceiling heights for non-residential uses; iv. location of services; and v. building and podium setback controls. (d) That Council advises the DPIE that the Chief Executive Officer will be exercising the plan-making delegations for this Planning Proposal as authorised by Council on 26 November 2012. (e) That Council delegate authority to the Chief Executive Officer to correct any minor anomalies of a non-policy and administrative nature that may arise during the plan-making process. (f) That within 5 years of the planning controls being made as an LEP amendment, that a review be undertaken of the effectiveness of the controls relating to the mandatory provision of a minimum level of commercial floorspace in the B2 Local Centre zone within the Epping Town Centre and any associated recommendations and this review be reported to Council. (g) That Council continue to work with the State Government to resolve traffic issues in Epping. (h) Further that, Council note the Local Planning Panel’s advice to Council at its meeting of 15 December 2020 is in support of the Planning Proposal, which is consistent with the Council Officer’s recommendation in this report. The amendment moved by Councillor Davis and seconded by Councillor Prociv on being put was declared LOST. DIVISION A division was called, the result being:- AYES: Councillors Barrak, Bradley, Davis, Esber, Pandey and Prociv NOES: Councillors Dwyer, Garrard, Issa, Jefferies, Tyrrell, Wearne, Wilson and Zaiter The motion moved by Councillor Tyrrell and seconded by Councillor Dwyer on being put was declared CARRIED on the Deputy Lord Mayor’s casting vote. DIVISION A division was called, the result being:- AYES: Councillors Dwyer, Issa, Jefferies, Tyrrell, Wearne, Wilson and Zaiter NOES: Councillors Barrak, Bradley, Davis, Esber, Garrard, Pandey and Prociv
3071	RESOLVED (Tyrrell/Dwyer) (a) That Council delegates authority to the Chief Executive Officer to prepare a planning proposal which seeks the following amendments to Parramatta Local Environmental Plan 2011 and Hornsby Local Environmental Plan 2013 applying to all land in the B2 Local Centre zone in the Epping Town Centre, with the exception of 6-14 and 18A Bridge Street and 24-30 High Street, relating to Option 3 detailed in this report that: i. Introduces new clauses which: · Mandate a minimum amount of non-residential uses to be provided on the ground, first and second floors of any building facing a street of up to a maximum of 1:1 floor space ratio (FSR) of non-residential floorspace in addition to the mapped maximum floor space ratio. The clause shall also indicate that the FSR of residential development permitted on the site should not increase as a result of this requirement. · Allow for an increase in maximum height of buildings from 48 metres in some parts of Epping and 72 metres in some parts of Epping up to 80 metres (approx. 24 storeys) where sites have a mapped FSR of 4.5:1 and from 72 metres up to 90 metres (approx. 28 storeys) where sites have a mapped FSR of 6:1, only where developments provide a minimum amount of non-residential uses of ground, first and second floors of any building facing a street. · Ensure any change of use proposed on the first three levels would not allow residential uses. · Apply an exception to that part of a building that faces a service lane or is required for entrances and lobbies, access for fire services or vehicular access associated or servicing residential accommodation above. ii. Introduces a requirement that the proposed controls of the Planning Proposal apply to development applications determined once a Gateway Determination has been issued for this Planning Proposal. (b) That the Chief Executive Officer forwards the Planning Proposal to the Department of Planning, Industry and Environment (DPIE) to request the issuing of a Gateway Determination on behalf of Council. (c) That Council delegate authority to the Chief Executive Officer to prepare amendments to the relevant sections of the Parramatta Development Control Plan 2011 and Hornsby Development Control Plan 2013 to support the Planning Proposal relating to the following design controls, and place these on public exhibition with the Planning Proposal: i. podium height controls; ii. minimum floorplate dimensions; iii. floor to ceiling heights for non-residential uses; iv. location of services; and v. building and podium setback controls. (d) That Council advises the DPIE that the Chief Executive Officer will be exercising the plan-making delegations for this Planning Proposal as authorised by Council on 26 November 2012. (e) That Council delegate authority to the Chief Executive Officer to correct any minor anomalies of a non-policy and administrative nature that may arise during the plan-making process. (f) That within 5 years of the planning controls being made as an LEP amendment, that a review be undertaken of the effectiveness of the controls relating to the mandatory provision of a minimum level of commercial floorspace in the B2 Local Centre zone within the Epping Town Centre and any associated recommendations and this review be reported to Council. (g) That Council continue to work with the State Government to resolve traffic issues in Epping. (h) Further that, Council note the Local Planning Panel’s advice to Council at its meeting of 15 December 2020 is in support of the Planning Proposal, which is consistent with the Council Officer’s recommendation in this report. Note: A Notice of Motion of Rescission signed by Councillors Davis, Esber and Prociv was lodged after the close of the meeting in relation to this matter.

17.3

SUBJECT FOR APPROVAL: Post Exhibition - Planning Proposal to 'Switch Off' Clause 4.6 Variation as it applies to FSR for sites within the Epping Town Centre

REFERENCE F2018/03031 - D07797530

REPORT OF Team Leader Land Use Planning; Project Officer Land Use

3072

RESOLVED (Esber/Issa)

(a) That Council receives and notes the summary of submissions made during the public exhibition of the Planning Proposal – Amendments to Clause 4.6 of Epping Town Centre at Attachment 1.

(b) That Council endorse for finalisation the Planning Proposal (at Attachment 2) to amend Clause 4.6 in the Parramatta Local Environmental Plan 2011 and Hornsby Local Environmental Plan 2013 by disabling the use of Clause 4.6 variations in relation to floor space ratio controls for the following types of development in the Epping Town Centre:

i. In Parramatta LEP 2011 - residential accommodation and tourist and visitor accommodation, or a mixed use development that includes these uses within Zone B2 Local Centre, or residential accommodation in Zone R4 High Density Residential; and

ii. In Hornsby LEP 2013 - residential accommodation and tourist and visitor accommodation, or a mixed use development that includes these uses within Zone B2 Local Centre.

(c) That Council submit the Planning Proposal to the Department of Planning, Industry and Environment (DPIE) requesting its finalisation, noting that Council does not have plan-making delegation for this Planning Proposal.

(d) That Council authorises the CEO to correct any minor policy inconsistencies and any anomalies that are of an administrative nature relating to the Planning Proposal that may arise during the finalisation process.

(e) Further, that Council note that the Parramatta Local Planning Panel’s advice to Council (Attachment 3) is consistent with the recommendations of this report.

DIVISION A division was called, the result being:-

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

NOES: Councillors Barrak, Prociv and Wilson

Procedural Motion

3073

RESOLVED (Garrard/Tyrrell)

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

Note: The meeting was adjourned at 8:11pm for a short recess.

3074	RESOLVED (Garrard/Tyrrell) That the meeting resume.

The meeting resumed at 8:24pm 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.

18. Notices of Motion

18.1

SUBJECT NOTICE OF MOTION: Condolence Motion: Don Stein AM

REFERENCE F2019/03630 - D07861937

FROM Councillor Dwyer

3075

RESOLVED (Dwyer/Tyrrell)

(a) That Council acknowledge the passing of Don Stein AM, offering our condolences to his family and friends.

(b) That Council write a letter of condolence to the family of Mr Stein, acknowledging his passing and valued community service.

(c) Further, that the Chamber hold a minutes silence as a gesture of respect on his passing and in recognition of this dedication to the Parramatta community.

Note: The Chamber observed a minute’s silence.

18.2

SUBJECT NOTICE OF MOTION: 2021 Australia Day Honours

REFERENCE F2019/03630 - D07861949

FROM Councillor Dwyer

3076

RESOLVED (Dwyer/Tyrrell)

(a) That Council congratulate the members of the Parramatta community included in the Order of Australia’s 2021 Australia Day Honours List, being:

i. Member (AM) in the General Division: Mr. Graham Ross

ii. Medal (OAM) in the General Division: Mr. Geoffrey Scott

iii. Medal (OAM) in the General Division: Senior Constable Dragoljub (Draz) Brkljac

(b) That Council congratulate Ms. Rosemary Kariuki, who was recognised as Australia’s Local Hero in the 2021 Australian of the Year Awards.

18.3

SUBJECT NOTICE OF MOTION: M52 Bus Route Withdrawn from Service

REFERENCE F2004/08732 - D07861879

FROM Councillor Prociv

3077

RESOLVED (Prociv/Davis)

That the Chief Executive Officer write to the Minister for Transport, Secretary for Transport and Local Members of Parliament advising that the City of Parramatta believes the cancellation of M52 bus services was not in the best interests of our constituents. We seek to have urgent meetings with the Minister for Transport and other Department Secretaries to discuss the matter to find out why they made these decisions. In these meetings, we wish to obtain information as to why the service was taken away, including:

i. The results of any community consultation undertaken before the withdrawal of the M52 express bus Parramatta to the City;

ii. Any statistics that support the withdrawal of the M52 express bus, Parramatta to the City. Including data relating to passenger movements at all stops en-route;

iii. That in taking the decision to withdraw the M52 express bus, current and future developments occurring in and around Victoria road including Melrose Park, were included in the decision making process;

iv. That Transport for NSW look to introduce cross city buses providing transport from one side of the Local Government Area to the other.

18.4

SUBJECT NOTICE OF MOTION: Cancellation of the M4 Westbound Off-Ramp at Parramatta Rd and Hill Rd. Lidcombe

REFERENCE F2004/08732 - D07861908

FROM Councillor Prociv

MOTION (Prociv/Esber)

That the CEO write to the Secretary for Transport for NSW seeking the following information:

(a) Details of any public consultation and extensive safety audit undertaken that informed the NSW Government’s decision to cancel construction of the M4 Westbound Off-Ramp at Parramatta Rd and Hill Rd, Lidcombe.

(b) Details of any funding allocated in the 2015, 2016, 2017, 2018, 2019 or 2020 NSW Government Budget for this project.

The motion moved by Councillor Prociv and seconded by Councillor Esber on being put was declared LOST.

Note:

1. Councillor Barrak left the Chamber at 9:08pm and returned at 9:08pm during consideration of this matter.

2. Councillor Issa left the Chamber at 9:13pm and returned at 9:14pm during consideration of this matter.

3. Councillor Davis left the Chamber at 9:18pm and returned at 9:20pm during consideration of this matter.

4. Councillor Pandey left the Chamber at 9:19pm and returned at 9:22pm during consideration of this matter.

18.5

SUBJECT NOTICE OF MOTION: Lighting at Hill Road, Wentworth Point and the LGA

REFERENCE F2019/04433 - D07780794

FROM Councillor Wilson

3078

RESOLVED (Wilson/Issa)

(a) That a report be prepared into street lighting to be completed by 1 March 2021.

(b) That the report examine:

i. The lighting of Hill Road and why there is an inordinate amount of time needed to replace a burned-out light;

ii. Examine the level of lighting in the city; and

iii. Examine where lights have been requested but not installed.

(c) Further, that the report identify strategies for seeing lights replaced in a reasonable time and when Council can impose financial penalties on providers where they have not fulfilled their contract.

19. Questions with Notice

19.1

SUBJECT QUESTIONS WITH NOTICE: Questions Taken On Notice from Council Meeting - 7 December 2020

REFERENCE F2019/04433 - D07799994

FROM Governance Manager

QUESTIONS TAKEN ON NOTICE FROM THE COUNCIL MEETING OF 7 DECEMBER 2020

Item	Subject	Councillor	Question	Response	Executive Director
13.7	Free Parking – Ticket Parking Machines (On-Street) and Multi Level Car Park – Christmas Festival Period	Barrak	Does Council have any current outdoor dining approvals outside of Parramatta Light Rail?	Outside of the Parramatta Light Rail Corridor, there are 44 current Outdoor Dining Approvals/Licence Agreements within the Parramatta LGA. A breakdown of these 44 approvals/licence agreements are as follows: Parramatta 25 Carlingford 3 Harris Park 7 Ermington 1 Rydalmere 4 Epping 1 Winston Hills 2 Northmead 1 TOTAL 44 All the above Approvals/Licence Agreements have had the relevant fee waiver applied to them in accordance with Council’s Covid Relief Resolutions since April 2020 to date.	Bryan Hynes
20.4	Legal Status Report as at 30 October 2020 (Deferred Item)	Pandey	1. In regards to expert expenses, why do we spend so much money on externals acoustic reports and not have an internal resource? 2. Why do we not seek the advice earlier in the process before it gets to Court? 3. Do we have more than one expert who we can go to for these matters?	1. Council does not have an internal expert on acoustics within the DA team. Council has assessed, however, feels there is no need for a full time acoustics expert. 2. Council engages acoustics experts on an “as needs” basis immediately upon identification of an acoustics related issue. 3. Over the last 12 months, Council has engaged acoustic firms Acoustic Dynamics and Wilkinson Murray, either directly or through external legal firms, to provide acoustic advice and undertake all necessary steps required of an expert giving evidence in Court appeals. Before an engineering firm is appointed, consideration is given to matters such as: expertise, experience, availability, reputation, the complexity of the issues, and, the Court’s acceptance and recognition of the engineer’s expertise in giving evidence.	Michael Tzimoulas
20.4	Legal Status Report as at 30 October 2020 (Deferred Item)	Barrak	Is the figure of $100k accurate for 83 Gladstone Street? What is this fee for?	The appeal concerning a proposed childcare centre at 83 Gladstone Street concluded in December 2020. It was estimated that costs would be approx. $100K, however, the actual costs were $65,819.01 (plus a final invoice from the acoustic engineer – not yet received). The fees in this appeal relate to external lawyers, Counsel fees and external consultants in planning, child care design and acoustics.	Michael Tzimoulas

19.2

SUBJECT QUESTIONS WITH NOTICE: Willow Grove

REFERENCE F2018/02115 - D07861965

FROM Councillor Davis

QUESTION

In Council’s letter to the Department of Planning, Industry and Environment (DPIE) dated 15 December 2020 it states: -

“Recognising Parramatta’s enduring connections with heritage and its importance to the City’s people, and noting Council’s prior resolutions of unanimous support for the retention of both Willow Grove and St George’s Terrace, Council seeks further detail on the proposed method of relocation, future location and impact of the heritage significance of Willow Grove.”

Can the Chief Executive Officer please advise what have been the outcomes, thus far, of discussions and correspondence between Council, DPIE and other relevant organisations regarding Council’s request for further detail on the proposed relocation, future location and impact of the heritage significance of Willow Grove?

https://majorprojects.planningportal.nsw.gov.au/prweb/PRRestService/mp/01/getContent?AttachRef=EXH-10413236%2120201221T072802.039%20GMT

ANSWER

At the time of preparing this response Council has not received any response from DPIE to the letter. It is noted that the draft Westmead Place Strategy that was placed on public exhibition by DPIE on 14 December 2020 includes a Planning Priority to Support the relocation of Willow Grove to the Parramatta North sub-precinct, outside the heritage core, ensuring its future use and siting integrates with surrounds.

Note: Councillor Wilson left the Chamber at 9:31pm during consideration of item 19.2.

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

3079

RESOLVED (Tyrrell/Zaiter)

That members of the press and public be excluded from the meeting of the Closed Session and access to the correspondence and reports relating to the items considered during the course of the Closed Session be withheld. This action is taken in accordance with Section 10A(s) of the Local Government Act, 1993 as the items listed come within the following provisions:-

1 FOR APPROVAL: Tender 5/2020 Legal Services Panel. (D07847771) - This report is confidential in accordance with section 10A (2) (c) (d) of the Local Government Act 1993 as the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business; AND the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

20.1	SUBJECT FOR APPROVAL: Tender 5/2020 Legal Services Panel REFERENCE F2019/04434 - D07847771 REPORT OF Group Manager Legal Services
	MOTION (Tyrrell/Pandey) That Council resolve the recommendations as follows: (a) That the proposals for the provision of legal services be accepted from Sparke Helmore Lawyers (ABN 78 848 387 938); Holding Redlich (ABN 15 364 527 724); Matthews Folbigg Pty Ltd (ABN 15 904 109 618); Maddocks (ABN 63 478 951 337); Bartier Perry Pty Limited (ABN 30 124 690 053); Pikes & Verekers Lawyers (ABN 77 357 538 421); Clayton Utz (ABN 35 740 217 343); HWL Ebsworth Lawyers (ABN 37 246 549 189) and Marsdens Law Group (ABN 59 874 202 316), for those legal service providers to be appointed to the panel of legal service providers for a period of 3 years (with an option for a further one (1) year term, followed by a further option for an additional one (1) year term, both exercisable at Council’s discretion). (b) That Council reserves the right to engage legal service providers from outside the legal panel if the Chief Executive Officer, thinks fit. (c) That the Chief Executive Officer be delegated authority to sign on behalf of Council a services agreement and any other necessary documents with each legal service provider in the form contained in the Tender, subject to any minor amendments the Chief Executive Officer considers reasonably necessary. (d) Further that, Council expresses its support for Council undertaking an expression of interest campaign for legal services to be provided by law firms based in and around the City of Parramatta local government area, to help facilitate Council’s engagement of the services of law firms from the City of Parramatta local government area and surrounding areas, where appropriate, particularly in relation to legal matters that are of a routine nature or within the jurisdiction of the Local Court.
	AMENDMENT (Bradley/Davis) (a) That the proposals for the provision of legal services be accepted from Sparke Helmore Lawyers (ABN 78 848 387 938); Holding Redlich (ABN 15 364 527 724); Matthews Folbigg Pty Ltd (ABN 15 904 109 618); Maddocks (ABN 63 478 951 337); Bartier Perry Pty Limited (ABN 30 124 690 053); Pikes & Verekers Lawyers (ABN 77 357 538 421); Clayton Utz (ABN 35 740 217 343); HWL Ebsworth Lawyers (ABN 37 246 549 189) and Marsdens Law Group (ABN 59 874 202 316), for those legal service providers to be appointed to the panel of legal service providers for a period of 3 years (with an option for a further one (1) year term, followed by a further option for an additional one (1) year term, both exercisable at Council’s discretion). (b) That Council reserves the right to engage legal service providers from outside the legal panel if the Chief Executive Officer believes the required specialist expertise is not available on the panel. (c) That the Chief Executive Officer be delegated authority to sign on behalf of Council a services agreement and any other necessary documents with each legal service provider in the form contained in the Tender, subject to any minor amendments the Chief Executive Officer considers reasonably necessary. (d) Further that, Council expresses its support for Council undertaking an expression of interest campaign for legal services to be provided by law firms based in and around the City of Parramatta local government area, to help facilitate Council’s engagement of the services of law firms from the City of Parramatta local government area and surrounding areas, where appropriate, particularly in relation to legal matters that are of a routine nature or within the jurisdiction of the Local Court. The amendment moved by Councillor Bradley and seconded by Councillor Davis was WITHDRAWN.
3080	RESOLVED (Tyrrell/Pandey) That Council resolve the recommendations as follows: (a) That the proposals for the provision of legal services be accepted from Sparke Helmore Lawyers (ABN 78 848 387 938); Holding Redlich (ABN 15 364 527 724); Matthews Folbigg Pty Ltd (ABN 15 904 109 618); Maddocks (ABN 63 478 951 337); Bartier Perry Pty Limited (ABN 30 124 690 053); Pikes & Verekers Lawyers (ABN 77 357 538 421); Clayton Utz (ABN 35 740 217 343); HWL Ebsworth Lawyers (ABN 37 246 549 189) and Marsdens Law Group (ABN 59 874 202 316), for those legal service providers to be appointed to the panel of legal service providers for a period of 3 years (with an option for a further one (1) year term, followed by a further option for an additional one (1) year term, both exercisable at Council’s discretion). (b) That Council reserves the right to engage legal service providers from outside the legal panel if the Chief Executive Officer, thinks fit. (c) That the Chief Executive Officer be delegated authority to sign on behalf of Council a services agreement and any other necessary documents with each legal service provider in the form contained in the Tender, subject to any minor amendments the Chief Executive Officer considers reasonably necessary. (d) Further that, Council expresses its support for Council undertaking an expression of interest campaign for legal services to be provided by law firms based in and around the City of Parramatta local government area, to help facilitate Council’s engagement of the services of law firms from the City of Parramatta local government area and surrounding areas, where appropriate, particularly in relation to legal matters that are of a routine nature or within the jurisdiction of the Local Court.
	Note: Councillor Wilson returned to the Chamber at 9:38pm during consideration of Item 20.1.

Procedural Motion

3081

RESOLVED (Tyrrell/Esber)

That the meeting resume into Open Session.

21. REPORTS OF RESOLUTIONS PASSED IN CLOSED SESSION

The Chief Executive Officer read out the resolution for Item 20.1.

22. CONCLUSION OF MEETING

The meeting terminated at 10:00pm.

THIS PAGE AND THE PRECEDING 22 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON MONDAY, 8 FEBRUARY 2021 AND CONFIRMED ON MONDAY, 22 FEBRUARY 2021.

Chairperson

Rescission Motions

22 February 2021

11.1 RESCISSION MOTION: Item 17.2 - Gateway Request - Planning Proposal to increase commercial floorspace in Epping Town Centre........................... 32

Council 22 February 2021 Item 12.1

FAIR

ITEM NUMBER 12.1

SUBJECT FOR NOTATION: Investment Report for January 2021

REFERENCE F2009/00971 - D07879162

REPORT OF Tax and Treasury Accountant

PURPOSE:

The purpose of this report is to inform Council of the investment portfolio performance and compliance for the month of January 2021.

RECOMMENDATION

That Council receive the Investment Report for January 2021.

BACKGROUND

1. In accordance with clause 212 of the Local Government (General) Regulation 2005 (the Regulation), a report setting out details of all money invested must be presented to Council on a monthly basis.

2. The report must include a certificate as to whether or not the investments have been made in accordance with the Local Government Act 1993 (the Act), the Regulation and Council’s Investment Policy.

ISSUES/OPTIONS/CONSEQUENCES

INVESTMENT PORTFOLIO SUMMARY

3. The investment portfolio closing balance as at 31 January 2021 was $519.9m. The average portfolio holdings held throughout the month was $527m.

4. The majority of Council’s investment portfolio is in term deposits (67%). The portfolio also includes liquid Floating Rate Notes (FRNs), cash, and the TCorp Long Term Growth Fund (LTGF).

5. Approximately 8% of the portfolio are less conservative long-term investments. The investment portfolio is well diversified and weighted towards higher rated institutions.

6. The table below lists the diversified range of investments held by Council as at 31 January 2021:

Table 1: Summary of investment portfolio

PERFORMANCE SUMMARY

7. Investment performance for the month. The investment portfolio reported an annualised return of 2.12% in January, outperforming the AusBond Bank Bill Index benchmark of 0.01%. The Colonial First State (CFS) Managed Fund (0.27% return for the month) and FRNs (0.45% return for the month) were the main contributors towards the performance this month.

8. Historical investment performance. The table below provides year-to-date and historical investment performance compared to the Ausbond Bank Bill Index.

Table 2: Historical investment portfolio performance

9. Investment income. As at 31 January 2021, year-to-date investment income was $7.8m, approximately $1.1m above budget. The outperformance is primarily due to the TCorp LTGF (15.74% return year-to-date), and the CFS Global Managed Fund (6.84% return year-to-date). Council’s portfolio is also weighted towards term deposits and FRNs yielding above 1.50%.

Table 3: Year-to-date cumulative interest income

PERFORMANCE BY INVESTMENT TYPE

Floating rate notes (FRNs)

10. Council’s senior FRNs made up around 16% of the total investment portfolio at month-end. During January, Council sold $14.5m of AA-rated FRNs, realising a capital gain of $349k. The market valuation of Council’s remaining A- to AAA-rated FRNs increased 0.01%, or $8k (total unrealised capital gain of $1.07m).

Table 4: Floating rate note investments (A- to AAA rated)

11. Council’s A- to AAA-rated FRNs are senior (high) ranked assets in the bank capital structure. It is expected that, if held to maturity, the FRNs will pay back their original face value, along with its quarterly coupons, throughout the life of the FRN.

12. Council’s advisors do not anticipate Council to lose any capital or interest payments from its current holding of these senior FRNs as all banks continue to maintain high capital buffers as required by the Australian Prudential Rating Agency (APRA).

13. They also have no concerns with Council’s investments in BBB-rated senior FRNs given all counterparties continue to maintain robust balance sheets with high levels of capital. The market valuation of Council’s remaining BBB-rated FRNs decreased by $13k, or -0.03%, on a mark-to-market basis (total unrealised capital gain of $252k).

Table 5: Floating rate note investments (BBB rated)

Northern Territory Treasury Corporation Senior Bonds (NTTC bonds)

14. NTTC bonds comprise 1.0% of Council’s investment portfolio, and are yielding between 0.90% and 1.00% for two- and three-year terms. NTTC bonds are a ‘retail’ offering and not ‘wholesale’ issuances. Given the lack of liquidity and high penalty costs if they were to be sold/redeemed prior to the maturity date, they are considered to be a hold-to-maturity investment and will be marked at face value throughout the term of the investment.

Term deposits

15. Term Deposits account for around 67% of the total investment portfolio at month-end. Council’s term deposit portfolio was yielding 1.37% p.a. at month-end, with a weighted-average duration of around 561 days or 1.5 years. The longer average duration will provide some income protection against the low interest rate environment for the next twelve months. However, as existing deposits mature, they will inevitably be reinvested at much lower prevailing rates.

16. Given interest rates have fallen to all-time lows, Council is likely to see a rapid decline in interest income over the next few financial years, with reinvestment offers likely to range between 0.40% and 0.70%.

TCorp Long Term Growth Fund

17. The TCorp Long Term Growth Fund accounts for around 5% of Council’s total investment portfolio. The Fund returned 0.13% for the month, or 1.52% annualised. Domestic shares marginally rose, offsetting the losses from international shares, which fell in value.

Table 6: TCorp Long Term Growth Fund

18. According to Council’s advisors, it is anticipated that there will be a sustained level of volatility in equity markets, particularly as downside risks to global growth remain. Unemployment globally has risen considerably over recent months, with the collective economic impact likely to be more severe than the global financial crisis (GFC).

19. This Fund has a long-term view (7+ years). Given the exposure to volatile equity markets, Council should expect in some months to report negative returns, but over the long-term, it is expected to outperform term deposits and FRNs.

CFS Global Credit Managed Fund

20. This fund accounts for around 2.5% of Council’s total investment portfolio. The Fund returned 0.27% (3.18% annualised) in January, as the market valuation of the fund’s assets in global credit securities (FRNs and bonds) marginally rose, as spreads remained relatively flat.

Table 7: CFS Global Credit Managed Fund

21. The Fund holds a diverse range of securities across the global credit market. It remains very well diversified by issuer in order to mitigate default risk. It invests in nearly 600 corporate bonds from issuers in various countries and industry sectors. This grandfathered fund has a current running yield of 1.5%.

Cash-at-call

22. Cash-at-call makes up approximately 8% of the investment portfolio. Council has negotiated a special rate with National Australia Bank (cash rate plus 45 basis points, currently 0.55%). This rate is higher than most market TDs of one to twelve months.

MATURITIES

23. Council has a substantial investment allocation to securities and bonds, as well as the CFS Global Credit Managed Fund. The portfolio is well spread across maturities, utilising capacity available in short- to medium-term maturities.

24. The maturity profile as at 31 January 2021. The maturity profile table below illustrates that the maturity duration is well-spread with approximately 16% available in working capital, 23% maturing within twelve months, 17% in one to two years, 39% in two to five years, and a further 5% in greater than five years, maximising council’s returns in longer term rates.

Graph 1: Maturity profile

COMPLIANCE

25. The portfolio complies with Council’s Investment Policy rating limits, with ample investment opportunity still available in A-rated institutions, and approx. $30m capacity in BBB+/unrated institutions.

Graph 2: Investment Policy rating capacity

*BBB+/BBB limits combined under Council’s investment policy.

26. Counterparty Limits. All individual counterparty limits comply with council’s investment policy, with the following exceptions:

Table 8: Exceptions to counterparty limits

Institution

Policy Limit (‘000)

Held

Overweight

Reason

Compliance Date

Bank of QLD

51,975

55,154

3,179

Portfolio shrinkage has caused counterparty to exceed 5%, however majority of funds placed prior to current investment policy and are considered "Grandfathered"

29 April 2021

AMP 31 Day Cash Notice

25,987

41,087

15,100

AMP Cash 31 Day Notice account was downgraded from BBB+ to BBB late last year, changing the policy limit from 10% to 5%. The investment policy requires Council to divest when practical, taking into consideration the financial impact of breaking investments.

31 days’ notice has been given to divest, with funds to be redeemed on 1 March 2021

27. Council engages CPG Research & Advisory (CPG) and Imperium Markets for assistance in all investment matters relating to advice, risk and portfolio weighting. CPG monitor the portfolio daily and conduct a monthly health check review. This confirms that Council’s portfolio is conducted in accordance with the Act, the Regulation and the Investment Policy.

CERTIFICATION OF INVESTMENTS

28. I hereby certify that the investments for the month of January 2021 have been made in accordance with the Act, the Regulations and Council’s Investment Policy.

Paul Perrett, Chief Financial Officer.

CONSULTATION & TIMING

Stakeholder Consultation

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

Date

Stakeholder

Stakeholder Comment

Council Officer Response

Responsibility

31 Jan 2021

CPG Research & Advisory

Imperium Markets

All Investments are within Policy guidelines and supported by Councils independent advisor.

Refer CPG comprehensive Report

Noting the counterparty overweight position listed in this report, All remaining Investments are within Policy limits and reconcile to the General Ledger as at 31 Jan 21

Finance Team

Paul Perrett

CFO

Bruce MacFarlane

Treasury & Tax Accountant

Councillor Consultation

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

Date	Councillor	Councillor Comment	Council Officer Response	Responsibility
N/A	N/A	N/A	N/A	N/A

FINANCIAL IMPLICATION FOR COUNCIL

31. Council’s interest income as at 31 January 2021 exceeds the year-to-date budget forecast by approximately $1.1m.

Bruce MacFarlane

Tax and Treasury Accountant

Paul Perrett

Chief Financial Officer

Michael Tzimoulas

Executive Director Corporate Services

Brett Newman

Chief Executive Officer

Attachments:

1 ⇩	Investment and Loans Performance Graph Januaruy 2021	1 Page
2 ⇩	List of Council Investments by maturity January 2021	9 Pages
3 ⇩	CPG Comprehensive Investment Report - January 2021	19 Pages

REFERENCE MATERIAL

Council 22 February 2021 Item 13.1

ACCESSIBLE

ITEM NUMBER 13.1

SUBJECT FOR APPROVAL: Minutes of the Parramatta Traffic Committee held on 21 January 2021

REFERENCE F2021/00082 - D07842342

REPORT OF Traffic and Transport Manager

PURPOSE:

That Council consider the minutes and approve the recommendations of the Parramatta Traffic Committee meeting held on 21 January 2021.

RECOMMENDATION

(a) That Council note the minutes of the Parramatta Traffic Committee meeting held on 21 January 2021, as provided at Attachment 1.

(b) Further, that Council approve the recommendations of the Parramatta Traffic Committee meeting held on 21 January 2021 provided at Attachment 1 and in this report, noting the following financial implications for each item.

i. ITEM 2101 A1 WENTWORTH AVENUE, BARANGAROO ROAD AND COOYONG CRESCENT, TOONGABBIE – PEDESTRIAN AMENITY IMPROVEMENT WORKS NEAR TOONGABBIE RAILWAY STATION

The estimated cost for the installation of a pedestrian refuge island, two continuous footpath treatments, new footpaths and new kerb ramps in Wentworth Avenue, Barangaroo Road and Cooyong Crescent, Toongabbie is $635,000. This project is 100% funded by NSW Government 2020/21 Active Transport Program Funds.

ii. ITEM 2101 A2 FRANKLIN STREET AT rAILWAY STREET, PARRAMATTA – PROPOSED RAISED PEDESTRIAN CROSSING AND PEDESTRIAN REFUGE ISLAND FOR PARRAMATTA WEST PUBLIC SCHOOL

The proposed pedestrian facilities are to be constructed by the Department of Education as part of the Parramatta West Public School expansion project at no cost to Council. Therefore, this proposal has no direct financial impact on Council’s budget.

iii. ITEM 2101 A3 hill road, wentworth point – proposed roundabout, pedestrian AND CYCLIST CROSSINGS, AND PEDESTRIAN refuge island

The proposed traffic facilities and all associated works are to be installed by the developer of 14-16 Hill Road, Sydney Olympic Park at no cost to Council. Therefore, this proposal has no direct financial impact upon Council’s budget.

BACKGROUND

1. Transport for NSW (TfNSW) is legislated as the organisation responsible for the control of traffic on all roads in New South Wales under the Road Transport (Safety & Traffic Management) Act 1999. In order to deal with the large number and range of traffic related matters effectively, TfNSW has delegated certain aspects of the control of traffic on local roads to councils. TfNSW has retained both the control of traffic on the State's classified road network and the control of traffic signals on all roads.

2. The TfNSW Delegation to Councils limits the types of prescribed traffic control devices and traffic control facilities that council can authorise and imposes certain conditions on councils. One of these conditions requires councils to obtain the advice of TfNSW and Police prior to proceeding with any proposal. This is most commonly achieved by councils establishing a Local Traffic Committee.

3. The Committee is composed of four formal members each with one vote. These four members are a representative from Council, the Police, TfNSW and the Local State Member of Parliament or their nominee. The Parramatta Traffic Committee is an advisory body only, having no decision making powers. It is, primarily, a technical review committee that is required to advise the Council on traffic related matters referred to it by Council. In general, Council makes the decision, however, the Police and RMS can appeal Council’s decision to the Regional Traffic Committee.

ISSUES/OPTIONS/CONSEQUENCES

4. The most recent meeting of the Parramatta Traffic Committee was held on 21 January 2021. The minutes of that meeting and the reports to that meeting are Attachments 1 and 2 of this report.

5. The recommendations from the Parramatta Traffic Committee meeting are provided below:

ITEM NO.

2101 A1 WENTWORTH AVENUE, bARANGAROO ROAD AND COOYONG CRESCENT, tOONGABBIE – PEDESTRIAN AMENITY IMPROVEMENT WORKS NEAR TOONGABBIE RAILWAY STATION

1. That the installation of a pedestrian refuge island and associated ‘No Stopping’ restrictions and warning signs in Barangaroo Road at Wentworth Avenue, Toongabbie as detailed on the plan attached to the report and PS-2 bicycle logos on Barangaroo Road as detailed below be approved.

- the westbound approach to Cooyong Crescent and

- eastbound approach to the pedestrian refuge island at Wentworth Avenue

2. That the installation of continuous footpath treatments in Wentworth Avenue at the laneways located on the north and south sides of 485 Wentworth Avenue, Toongabbie (opposite Toongabbie railway station) as detailed on the plan attached to the report be approved.

3. That Council note that footpaths and kerb ramps are to be installed in Cooyong Crescent north of Barangaroo Road, Toongabbie as detailed on the plan attached to the report as part of this project.

4. That recommendations 1 and 2 are subject to the detailed designs being approved by the Transport for New South Wales (TfNSW) prior to the commencement of construction.

Unanimous support.

2101 A2 FRANKLIN STREET AT rAILWAY STREET, PARRAMATTA – PROPOSED RAISED PEDESTRIAN CROSSING AND PEDESTRIAN REFUGE ISLAND FOR PARRAMATTA WEST PUBLIC SCHOOL

1. That the existing pedestrian refuge island in Franklin Street south of Railway Street, Parramatta be removed and a raised pedestrian crossing with associated signs and linemarking be installed as shown in the plan attached to the report.

2. That a new pedestrian refuge island with associated signs and linemarking be installed in Franklin Street north of Railway Street, Parramatta as shown in the plan attached to the report.

3. That recommendation 1 and 2 are subject to all costs associated with the installation of pedestrian facilities being paid for by the applicant at no cost to Council.

Unanimous support.

2101 A3 hill road, wentworth point – proposed roundabout, pedestrian AND CYCLIST CROSSINGS, AND PEDESTRIAN refuge island

1. That a roundabout with associated signs and pavement markings be installed at the intersection of Hill Road, Burroway Road and Lapwing Street, Wentworth Point is shown in the concept plan attached to this report.

2. That a median island incorporating a pedestrian refuge island be installed in Hill Road between Footbridge Boulevard and Park Street North, Wentworth Point as shown in the concept plan attached to this report.

3. That combined raised pedestrian and cyclist crossings be installed in Lapwing Street (new access loop road near the southern and northern property boundaries) at Hill Road, Wentworth Point as shown in the concept plan attached to this report.

4. That the design of the roundabout at the intersection of Hill Road and Burroway Road, Wentworth Point/Sydney Olympic Park be modified to include a raised pedestrian crossing on the north leg of the intersection.

5. That a Work Permit application be lodged to Sydney Olympic Park Authority (SOPA) prior to commencement of works. It is to be noted that the proposed works encroach onto Hill Road (north) (also known as Ferry Wharf Circuit) which is owned by SOPA. Land owner’s consent is required for the works to be carried out on Ferry Wharf Circuit, noting that it is a privately owned road that is publicly accessible.

6. That recommendations 1-4 are subject to detailed designs of the proposed traffic facilities being approved by the Transport for New South Wales (TfNSW) prior to the commencement of construction.

CONSULTATION AND TIMING

6. Details of the consultation undertaken with the Community and Councillors for each item, are included in Attachment 3.

LEGAL IMPLICATIONS FOR COUNCIL

7. There

FINANCIAL IMPLICATIONS FOR COUNCIL

9. The financial comments for each item are provided below:

Item No.
2101 A1	The estimated cost for the installation of a pedestrian refuge island, two continuous footpath treatments, new footpaths and new kerb ramps in Wentworth Avenue, Barangaroo Road and Cooyong Crescent, Toongabbie is $635,000. This project is 100% funded by the NSW Government’s 2020/21 Active Transport Program Funds.
2101 A2	The proposed pedestrian facilities are to be constructed by the Department of Education as part of the Parramatta West Public School expansion project at no cost to Council.
2101 A3	The proposed traffic facilities and all associated works are to be installed by the developer of 14-16 Hill Road, Sydney Olympic Park at no cost to Council.

	FY 20/21	FY 21/22	FY 22/23	FY 23/24
Operating Result
External Costs
Internal Costs
Depreciation
Other
Total Operating Result	Nil

Funding Source	NA

CAPEX
CAPEX
External
Internal
Other
Total CAPEX	Nil

Funding Source	NA

CONCLUSION

10. Council officers recommend that the recommendations of the Parramatta Traffic Committee meeting held on 21 January 2021 be adopted by Council.

Richard Searle

Traffic and Transport Manager

Myfanwy McNally

Acting Group Manager Development & Traffic Services

Paul Perrett

Chief Financial Officer

David Birds

Acting Executive Director, City Planning & Design

Brett Newman

Chief Executive Officer

Attachments:

1 ⇩	Parramatta Traffic Committee - Minutes of Meeting held on 21 January 2021	5 Pages
2 ⇩	Parramatta Traffic Committee - Item Reports for Meeting held on 21 January 2021	59 Pages
3 ⇩	Consultation and Timing for the Parramatta Traffic Committee held on 21 January 2021	3 Pages

REFERENCE MATERIAL

Council 22 February 2021 Item 13.2

ACCESSIBLE

ITEM NUMBER 13.2

SUBJECT FOR APPROVAL: Minutes of the Traffic Engineering Advisory Group meeting held on 21 January 2021

REFERENCE F2021/00077 - D07842397

REPORT OF Traffic and Transport Manager

PURPOSE:

That Council consider the minutes and approve the recommendations of the Traffic Engineering Advisory Group meeting held on 21 January 2021.

RECOMMENDATION

(a) That Council note the minutes of the Traffic Engineering Advisory Group meeting held on 21 January 2021, provided at Attachment 1.

(b) Further, that Council approve the recommendations of the Traffic Engineering Advisory Group meeting held on 21 January 2021 provided at Attachment 1 and in this report, noting the following financial implications for each item.

i. ITEM 2101 B1 INTERIM guidelines for installing marked pedestrian crossings on local roads within the parramatta lga ON STREETS WITH SPEED LIMITS OF 50KM/H OR LESS

This report provides guidelines for the installation of pedestrian crossing facilities within the Parramatta LGA. It does not recommend any specific projects or provide a timeline or schedule for works. This report may affect future projects however the details of this are not yet known.

ii. ITEM 2101 B2 propOsed TRAFFIC SIGNALS AT THE INTERSECTION OF CARLINGFORD ROAD AND HEPBURN AVENUE, EPPING

This report provides a response received from TfNSW regarding the relocation of the proposed traffic signals from Carlingford Road/Hepburn Avenue to Carlingford Road/Pennant Parade, Epping. The report is for project planning purposes only. Therefore, this matter has no financial impact upon Council's budget. The construction work is currently not programmed or funded and this report does not provide a final approval for the project to proceed.

iii. ITEM 2101 B3 FYALL AVENUE AT DARCY ROAD, WENTWORTHVILLE – REQUEST FOR A PEDESTRIAN CROSSING

This report identifies that a raised pedestrian crossing in Fyall Avenue at Darcy Road, Wentworthville as the preferred pedestrian treatment to improve pedestrian safety at this location. However, funding is currently not available to undertake the work and there is no schedule or timeframe for the work.

iv. ITEM 2101 B4 BETTINGTON ROAD AT YORK STREET, OATLANDS – UPDATE ON COMMUNITY CONSULTATION FOR A SPEED CUSHION ON THE NORTHBOUND APPROACH TO THE ROUNDABOUT

This report recommends that the speed cushion proposed in Bettington Road at York Street, Oatlands not be installed, therefore there is no cost to Council from the report. The estimated cost of the speed cushion is $3,500.

v. ITEM 2101 B5 AUTOMATED PEDESTRIAN SIGNALS AND USE OF SENSORS – TRANSPORT FOR nsw rESPONSE

Automated pedestrian signals are under the care and control of TfNSW, therefore this matter has no financial impact upon Council.

vi. ITEM 2101 B6 PROJECTS RECENTLY COMPLETED, PROJECTS CURRENTLEY FUNDED, AND PROJECTS LISTS FOR CONSIDERATION OF FUTURE FUNDING

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

vii. ITEM 2101 B7 OUTSTANDING WORKS INSTRUCTIONS

Roads and Maritime Service (RMS) Block Grant funds for 2020/21 have been used for these works.

BACKGROUND

1. The Traffic Engineering Advisory Group (TEAG) is similar to the Parramatta Traffic Committee, except that it only involves matters that do not invoke the Transport for NSW (TfSNW) Delegation to Councils. The TEAG does not have the formal voting process that Parramatta Traffic Committee has. It is, primarily, a technical review committee that advises Council on traffic related matters. TEAG also considers items where TfNSW maintains its control, such as speed limits, clearways and traffic signals or items for which TfNSW does not have control such as planning of future projects.

2. The most recent meeting of the TEAG was held on 21 January 2021. The minutes of that meeting and the reports to that meeting are Attachments 1 and 2 of this report.

ISSUES/OPTIONS/CONSEQUENCES

3. The recommendations from the TEAG meeting are provided below:

ITEM NO.

2101 B1 INTERIM guidelines for installing marked pedestrian crossings on local roads within the parramatta lga ON STREETS WITH SPEED LIMITS OF 50KM/H OR LESS

1. That Council adopt the Interim Guidelines for Installing Marked Pedestrian Crossings on Local Roads within the Parramatta LGA on Streets with Speed Limits of 50km//h or less that are detailed in Table 2 of this report with below changes:

a. A minimum criterion for the installation of a pedestrian crossing (both at grade and raised) of 20 pedestrians per hour crossing the road, is to also include cyclists.

b. A combined pedestrian and cyclist crossing be considered where the footpaths are designated as shared user paths or have separated pedestrian and cycle facilities.

2. That City of Parramatta Council distribute this report to interested Councils to prompt discussion and debate that may be used to make future improvements to the guidelines.

3. That Council review and update its ranking process for prioritization of funding to undertake pedestrian treatments and provide a report back to the Traffic Engineering Advisory Group and Council.

Unanimous support

2101 B2 proposed TRAFFIC SIGNALS AT THE INTERSECTION OF CARLINGFORD ROAD AND HEPBURN AVENUE, EPPING

That Council note that Transport for NSW (TfNSW) supports installation of traffic signals at the intersection of Carlingford Road and Hepburn Avenue, Epping.

Unanimous support

2101 B3 FYALL AVENUE AT DARCY ROAD, WENTWORTHVILLE – REQUEST FOR A PEDESTRIAN CROSSING

1. That Council note that Fyall Avenue at Darcy Road, Wentworthville is suitable for the installation of a raised pedestrian crossing based on Council’s Interim Guidelines for installing marked pedestrian crossings on local roads with speed limits of 50km/h or less.

2. That Council note that there is currently no funding available for this project.

3. That the head petitioner be advised of Council’s resolution regarding the request for the installation of a raised pedestrian crossing in Fyall Avenue at Darcy Road, Wentworthville.

Unanimous support

2101 B4 BETTINGTON ROAD AT YORK STREET, OATLANDS – UPDATE ON COMMUNITY CONSULTATION FOR A SPEED CUSHION ON THE NORTHBOUND APPROACH TO THE ROUNDABOUT

1. That the speed cushion proposed on the northbound approach of the newly constructed roundabout at the intersection of Bettington Road and York Street, Oatlands not be installed.

2. That Council monitor traffic conditions at the new roundabout in Bettington Road at York Street, Oatlands.

Unanimous support

2101 B5 AUTOMATED PEDESTRIAN SIGNALS AND USE OF SENSORS – TRANSPORT FOR nsw rESPONSE

That Transport for NSW’s response to Council regarding automated pedestrian crossing and the use of sensors be received and noted.

Unanimous support

2101 B6 PROJECTS RECENTLY COMPLETED, PROJECTS CURRENTLY FUNDED, AND PROJECTS LISTS FOR CONSIDERATION OF FUTURE FUNDING

1. That Council note that two (2) traffic projects have been completed between November and December 2020.

2. That the information regarding progress on currently funded projects be received and noted.

3. That the Projects Lists for proposed traffic works be received and noted.

Unanimous support

2101 B7 OUTSTANDING WORKS INSTRUCTIONS

That the information in relation to outstanding Works Instructions over the 3-month period between August and October 2020 be received and noted.

Unanimous support

CONSULTATION AND TIMING

4. Details of the consultation undertaken with the Community and Councillors for each of the items considered at the meeting, including the response for each item, are included in Attachment 3.

LEGAL IMPLICATIONS FOR COUNCIL

5. There are no legal implications for Council associated with any of the items in this report.

FINANCIAL IMPLICATIONS FOR COUNCIL

6. The financial comments for each item are provided below.

Item No.
2101 B1	This report provides guidelines for the installation of pedestrian crossing facilities within the Parramatta LGA. It does not recommend any specific projects or provide a timeline or schedule for works. This report may affect future projects however the details of this are not yet known. The cost of the report detailed in part 3 of the recommendation would be funded from existing budgets including the use of staff time, therefore there is no impact on the budget. The total cost is in the order of approximately $4,000.
2101 B2	This report provides a response received from TfNSW regarding the relocation of the proposed traffic signals from Carlingford Road/Hepburn Avenue to Carlingford Road/Pennant Parade, Epping. The report is for project planning purposes only. Therefore, this matter has no financial impact upon Council's budget. The construction work is currently not programmed or funded and this report does not provide a final approval for the project to proceed.
2101 B3	This report identifies that a raised pedestrian crossing in Fyall Avenue at Darcy Road, Wentworthville as the preferred pedestrian treatment to improve pedestrian safety at this location. However, funding is currently not available to undertake the work and there is no schedule or timeframe for the work.
2101 B4	This report recommends that the speed cushion proposed in Bettington Road at York Street, Oatlands not be installed, therefore there is no cost to Council from the report. The estimated cost of the speed cushion is $3,500.
2101 B5	Automated pedestrian signals are under the care and control of TfNSW, therefore this matter has no financial impact upon Council.
2101 B6	There is no financial implication to Council as a result of this report.
2101 B7	Roads and Maritime Service (RMS) Block Grant funds for 2020/21 have been used for these works.

7. The table below summaries the financial impacts on the budget arising from approval of this report.

	FY 20/21	FY 21/22	FY 22/23	FY 23/24
Operating Result
External Costs
Internal Costs
Depreciation
Other
Total Operating Result	N/A	N/A

Funding Source	N/A	N/A

CAPEX
CAPEX
External
Internal
Other
Total CAPEX	N/A	N/A

Funding Source	N/A	N/A

Richard Searle

Traffic and Transport Manager

Myfanwy McNally

Acting Group Manager Development and Traffic Services

Paul Perrett

Chief Financial Officer

David Birds

Acting Executive Director, City Planning & Design

Brett Newman

Chief Executive Officer

Attachments:

1 ⇩	Traffic Engineering Advisory Group - Minutes of Meeting held on 21 January 2021	6 Pages
2 ⇩	Traffic Engineering Advisory Group - Item Reports for Meeting held on 21 January 2021	53 Pages
3 ⇩	Consultation and Timing for the Traffic Engineering Advisory Group Meeting hled on 21 January 2021	5 Pages

REFERENCE MATERIAL

Council 22 February 2021 Item 16.1

THRIVING

ITEM NUMBER 16.1

SUBJECT FOR APPROVAL: Public Exhibition of Hill Road Masterplan

REFERENCE F2017/00443 - D07856506

REPORT OF Place Manager

PURPOSE:

To seek Council endorsement for the public exhibition of the draft Hill Road Masterplan, with a report back to Council following the completion of the public exhibition period.

RECOMMENDATION

(a) That the draft Hill Road Masterplan be placed on public exhibition for 30 days (4 weeks) in the Wentworth Point Community Centre and Library, City of Parramatta Library, Council Customer Service Centre, on Council’s website and on a Participate Parramatta Project page.

(b) That temporary signage be placed at the bus stops along Hill Road, as well as in close proximity to the Wentworth Point / Sydney Olympic Park Ferry terminal advising of the public exhibition period, and that appropriate (COVID-19 safe) community engagement activities are organised to support the consultation.

(c) Further, that a report be submitted to Council upon the completion of the public exhibition period for consideration and assessment of the public submissions and identification of implementation opportunities.

BACKGROUND

1. A draft masterplan for Hill Road has been prepared for the 1.13km of Hill Road starting at Bennelong Parkway and continuing to Burroway Road in Wentworth Point.

2. Hill Road, Wentworth Point is within the Rosehill Ward of City of Parramatta Council. Prior to Council amalgamation in 2016, the road was located within the former Auburn City Council local government area.

3. Hill Road is the only north-south access road into and out of Wentworth Point.

4. Buses are the main mode of public transport in the Wentworth Point area. There is ongoing community feedback the resident/workers/visitors must cross the highly-highly trafficked Hill Road in order to reach bus stops without adequate crossings, refuge islands etc, and that there is an absence of bus shelters for inclement weather. Further, the absence of ‘bus bays’ on Hill Road results in traffic congestion when buses are picking-up/setting-down passengers.

5. Significant growth and development in Wentworth Point has also resulted in an increase in vehicle volumes.

6. The northern end of Hill Road is serviced by ferry services to Sydney and Parramatta. However, connecting buses often arrive late due to traffic congestion in the local area, particularly on Hill Road.

7. The draft Hill Road masterplan seeks to identify options for enhancing safe pedestrian and vehicular flow, create a greener and more shaded roadway, and manage flood and drainage concerns.

8. The Masterplan is a holistic plan of prioritised and staged upgrades.

ISSUES/OPTIONS/CONSEQUENCES

9. The Masterplanning process commenced in 2017 but was placed ‘on-hold’ pending resolution of the proposed Parramatta Light Rail Stage 2 which was envisaged to use Hill Road as a corridor. Council is now proceeding with the Hill Road masterplan on the basis that any future Light Rail related projects in the area with either be outside of the Hill Road corridor, or not take the form of Light Rail but ‘trackless trams’ or similar.

10. The draft Hill Road Masterplan was informed through detailed investigation of the physical condition of the roadway, a thorough process community consultation, and technical analysis. This investigation revealed that although the Hill Road is currently regarded primarily as a movement corridor for private vehicles, it has the capacity to perform a much greater social/connectivity role if the competing priorities of the space are balanced.

11. Informed by the above, six key design principles guide the draft Masterplan:

a) Transform Hill Road into an identifiable boulevard with a high quality public domain;

b) Provide a safer place for pedestrians, cyclists and road users;

c) Maximise public domain for activation, community space, social interaction and inclusion;

d) Promote environmental outcomes, urban ecology and facilitate green infrastructure;

e) Design for the integration of the proposed light rail to enhance liveability and sustainability; and,

f) Improve pedestrian connections and active transport links.

CONSULTATION & TIMING

Stakeholder Consultation

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

Date	Stakeholder	Stakeholder Comment	Council Officer Response	Responsibility
Online Survey (7 – 20 November 2017)	Community	951 people completed the survey in full. Approx. 3 in 4 respondents drive on Hill Road daily, with traffic congestion being a major concern, along with a need for better pedestrian access and safer conditions overall. There are also concerns around flooding and drainage and improved public transport.	Collated the feedback and add participants to a project mailing list	Place Services
5 focus groups (21 – 23 November 2017)	Community members interested in either: Traffic and Transport, Pedestrian and Cycling, or Environment and Activation.	Many said the turn into or off Hill Road was very difficult. There was large support for light rail. There was a need for more parking.	Collated the feedback and add participants to a project mailing list	Place Services
Three phone interview with Mandarin speakers 14 Dec 2017	CALD community	Need for additional parking	Created a design which increased the number of parking spaces available	Place Services
Wentworth Point Working Group Meetings 6/11/2017 9/1/2018 4/9/2018 26/11/2019	Wentworth Point Working Group Meeting	Concerns that the road was dangerous, and that there was no progress in fixing the issues.	Presentation to working group on designs to date and anticipated timeline	Place Services
Peninsula Working Group Meeting 25/11/2020	Peninsula Working Group Meeting	Concerns that the road was dangerous, and that there was no progress in fixing the issues.	Presentation to working group on designs to date and anticipated timeline	Place Services

Councillor Consultation

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

Date

Councillor

Councillor Comment

Council Officer Response

Responsibility

6 Feb,

23 April,

17 July,

28 Aug,

9 Oct,

6 Nov 2020

Rosehill Ward Councillors

Councillor supportive of masterplan designs

To provide regular update on the timeline of Hill Road Masterplan, the potential for short term works, and the delays caused by the uncertainty of the proposed Stage 2 of Parramatta Light Rail.

Place Services

LEGAL IMPLICATIONS FOR COUNCIL

14. There are no legal implications for Council associated with this report.

FINANCIAL IMPLICATIONS FOR COUNCIL

15. There are no financial impacts to the budget. The internal cost of printing signs, letters, and creating social media promotions will be funded through the existing project budget.

16. The table below summarises the financial impacts on the budget arising from approval of this report:

	FY 20/21	FY 21/22	FY 22/23	FY 23/24
Operating Result
External Costs
Internal Costs
Depreciation
Other
Total Operating Result	Nil

Funding Source	NA

CAPEX
CAPEX
External
Internal
Other
Total CAPEX	Nil

Funding Source	NA

Stephanie Cascun

Place Manager

Bruce Mills

Group Manager Place Services

Bryan Hynes

Executive Director Property & Place

Paul Perrett

Chief Financial Officer

Brett Newman

Chief Executive Officer

Attachments:

1 ⇩

Hill Road Masterplan

55 Pages

REFERENCE MATERIAL

Council 22 February 2021 Item 17.1

INNOVATIVE

ITEM NUMBER 17.1

SUBJECT FOR APPROVAL: Proposed Amendment to the Wentworth Point Precinct DCP 2014 and Draft Planning Agreement for 14-16 Hill Road, Wentworth Point (Sekisui Planning Proposal)

REFERENCE RZ/1/2018 - D07380770

REPORT OF Project Officer Land Use

LAND OWNER: SH Homebush Peninsula Pty Limited

APPLICANT: SEKISUI HOUSE AUSTRALIA PTY LTD

DEVELOPMENT APPLICATIONS CONSIDERED BY SYDNEY CENTRAL CITY PLANNING PANEL

(1) 2017SWC107 (DA/763/2017) Phase 1 Construction of three residential flat buildings above a residential podium sleeved with internal parking – approved 6 June 2018.

PURPOSE:

The purpose of this report is:

· To provide Council with an overview of proposed changes to the Wentworth Point Development Control Plan 2014 and to advise on the outcome of the Planning Agreement negotiations for land at 14-16 Hill Road, Wentworth Point.

· To seek Council’s endorsement of the proposed Development Control Plan amendments and draft Planning Agreement for the purposes of concurrent exhibition with the related Planning Proposal.

RECOMMENDATION

(a) That Council endorse the draft amendments to the Wentworth Point Development Control Plan (DCP) 2014 at Attachment 1 that have been prepared in response to Council’s resolution on 26 August 2019 for the purposes of public exhibition.

(b) That Council endorse the drafting of a Planning Agreement to reflect the following items included in the letter of offer at Attachment 2:

i) Dedication and embellishment of foreshore reserve;

ii) Dedication of future public transit corridor;

iii) Burroway Road/Hill Road intersection upgrade works; and

iv) Community Infrastructure Maintenance agreement (5 years).

(c) That Council delegate authority to the Chief Executive Officer to negotiate and determine the specific terms around the delivery of the proposed Planning Agreement items in accordance with Council’s Planning Agreements Policy (2018) including, but not limited to, staging, delivery, registration, defect rectification, security and the maintenance schedule prior to the Planning Agreement being placed on public exhibition.

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

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

BACKGROUND

The Site

1. The subject site is located at 14-16 Hill Road, Wentworth Point. The legal description of the site is Lot 3 DP 859608. The site has an area of approximately 94,580m². The site currently contains a 25 storey residential flat building (Phase 1 - 364 apartments approved in June 2018 by the Sydney Central City Planning Panel) in the south-eastern corner with the remainder of the site being vacant. It is surrounded by Newington Nature Reserve on the southern and western boundaries. The site is shown in Figure 1 below.

Figure 1 – Site Location Map (site shown outlined in red)

Planning Proposal History

2. In February 2019, Sekisui House (the Applicant) lodged a Planning Proposal that sought to maintain the already approved 188,800m² GFA (structure plan approval DA/41/2015 – former Auburn Council reference) with changes to zoning and height distribution across the site. In response to traffic generation concerns the maximum approved gross floor area and apartment yield were retained as a part of the proposal. The amending planning instrument is the Auburn Local Environmental Plan 2010.

3. On 26 August 2019, Council resolved to endorse the Planning Proposal (copy of Council’s revised Planning Proposal document is at Attachment 3) for the purposes of requesting a Gateway Determination as follows:

a) Increase the RE1 Public Recreation zone area with a corresponding reduction of the R4 High Density Residential zone;

b) Introduce the B4 Mixed Use zone at the north-eastern corner of the site;

c) Amend the Height of Buildings Map to provide a range of heights across the site from 44m (approximately 15 storeys) to 134m (approximately 40 storeys);

d) Amend the FSR map to provide individual FSRs for the development parcels to reflect the previously approved gross floor area (GFA) of 188,800m²;

e) Add ‘food and drink premises’ as an Additional Permitted Use within the RE1 Public Recreation zone on the site of the existing café; and

f) Amend the Land Acquisition Map to reflect the larger RE1 Public Recreation area and exclude the foreshore wharf from public acquisition to allow it to be retained, refurbished and operated as a café under the existing community title.

4. Council also resolved to update the Wentworth Point DCP 2014 to reflect the outcomes of the Planning Proposal and for the CEO to commence negotiation of a Planning Agreement in addition to payable Section 7.11 contributions.

5. The 26 August 2019 Council Report and Minutes can be found at Item 18.2, using the following web links:

https://businesspapers.parracity.nsw.gov.au/Open/2019/OC_26082019_AGN_503_AT.PDF

https://businesspapers.parracity.nsw.gov.au/Open/2019/OC_26082019_MIN_503.PDF

6. On 21 March 2020, the Department of Planning Industry and Environment (DPIE) issued a Gateway determination allowing the Planning Proposal to proceed subject to conditions (refer to Attachment 6).

Comparison of Planning Controls

7. A comparison of current planning controls with the proposed controls of the Planning Proposal for the subject site are shown in Table 1 below.

Table 1: Comparison of Controls

	Current Controls in Auburn LEP 2010	Planning Proposal
Zone	R4 High Density Residential and RE1 Public Recreation	R4 High Density Residential, RE1 Public Recreation and B4 Mixed Use
FSR	1.25:1 and 2.6:1 (188,800m² GFA)	Individual building envelope FSRs (188,800m² GFA)
HOB	19m (6 storeys) and 88m (25 storeys)	44m (15 storeys) and 134m (40 Storeys)
YIELD	Up to a maximum of 2,300 units ^	2,200 - 2,300 units ^ Maximum retail / commercial floor space component of 2,000m² (condition requested by Gateway determination)

^ Based on average apartment size of 85m²

PRIORITISATION ASSESSMENT PROGRAM

8. The Planning Proposal to which this draft DCP and Planning Agreement are relevant is a priority project under Council’s Prioritisation Assessment Program.

9. Council staff and the Applicant are working together closely to ensure the Planning Proposal is finalised as promptly as possible, with the project timeline currently targeting September 2021 for finalisation of the Planning Proposal. The recommendation of this report supports this timeline.

KEY CHANGES TO THE WENTWORTH POINT DEVELOPMENT CONTROL PLAN 2014

10. Pursuant to Council’s resolution of 26 August 2019, an amendment has been prepared to the Wentworth Point DCP 2014 to reflect the outcomes of the Planning Proposal (refer to Attachment 3). Revisions have been made to the following sections of the DCP to facilitate the master plan in relation to street layout, building height locations and GFA distribution across the site:

a) Indicative Structure Plan – Section 2.3

b) Street Network and Design – Section 3.1

c) Pedestrian and Cycle Network – Section 3.2

d) Open Space Network – Section 3.4

e) Land Use and Floor Space Distribution – Section 4.1

f) Building Height and Form – Section 4.2

g) Setbacks and Public Domain Interface – Section 4.3

h) Private Open Space – Section 4.4

i) Building Design and Materials – Section 4.6

j) Wind Effects – Section 4.7

k) Climate Control Devices – Section 4.8

l) Retaining Walls – Section 4.9

m) Vehicular Access and Car Parking – Section 4.10

n) Ecology - Section 5.3.

11. One of the major issues raised by the City Design unit prior to the Gateway determination was that the proposed building envelopes can accommodate a greater amount of GFA than the proposed FSR on each lot. Although the intent of the larger building envelopes is to enable some flexibility at the detailed design stage, to ensure that additional density could not be achieved at a later date unless through another planning proposal Council resolved that Clause 4.6 Exceptions to Development Standards within Auburn LEP 2010 should not apply to the application of FSR on the site for any future development application (DA).

12. Notwithstanding, DPIE has denied Council’s request to “turn off” Clause 4.6 as a part of the Gateway determination and instead recommended that floor space is regulated through the inclusion of more detailed built form controls within the Wentworth Point DCP 2014 and a Local Environmental Plan (LEP) GFA cap.

13. In response, Council Officers have updated the controls and diagrams of the Wentworth Point DCP 2014 (Attachment 1) to incorporate more comprehensive numeric building envelope standards. This will provide further certainty in relation to the final built form outcome and minimise the opportunity for unsupported design variations at the development application stage. The recommended DCP controls will also complement the additional local LEP provision GFA cap that restricts the uptake of any floor space beyond the current allocation.

14. The key elements of the draft DCP are summarised in further detail as a part of Attachment 5.

DRAFT PLANNING AGREEMENT

15. Negotiations have been proceeding on a Draft Planning Agreement for the subject site in accordance with the Council resolution of 26 August 2019 that provided the CEO with delegation to finalise the VPA offer for Councillor consideration. A final letter of offer was provided to Council on 11 May 2020 (Attachment 2) as a part these discussions and since then negotiations have continued to finalise the Planning Agreement offer. The sections below detail the results of these negotiations.

Background

16. The development site was originally rezoned from industrial to high density residential by the Department of Planning Industry, Environment in 2014, prior to the 2016 Council amalgamations and was under the jurisdiction of the former Auburn Council at the time. There was no VPA negotiated by either authority as a part of this previous rezoning approval. In lieu of a planning agreement, Auburn Council approved an infrastructure and subdivision development application that required the developer to deliver capital works throughout the precinct in addition to local infrastructure contributions.

17. From 2017 to 2019, consultation was held between the applicant, Council officers and Transport for NSW (TfNSW) for the redesign of the site master plan to accommodate the preferred alignment of the Parramatta Light Rail (PLR) Stage 2, as shown in red at Figure 2 below. The need to provide land centrally within the site for the transport corridor resulted in the current rezoning application to consolidate the approved gross floor area of 188,800m² into taller towers and the proposed increase of building height from 44m (25 storeys) to 134m (40 storeys).

18. Council is only able to capture the value uplift associated with the additional height proposed under the currently active rezoning application and cannot retrospectively seek any form of value capture from the planning proposal endorsed for finalisation by the State government in 2014.

Community Infrastructure Contribution

19. The applicant’s letter of offer comprises the items detailed in Table 2 below.

Table 2: Community Infrastructure Components within Planning Agreement

Item	Estimate of Public Benefit/Value
Dedication of future public transit corridor and foreshore reserve	State Infrastructure – no local infrastructure contribution value attributed in VPA
Embellishment of foreshore reserve	$12,400,000
Community Infrastructure Maintenance agreement in relation to foreshore reserve (5 years)	$600,000
Removal of requirement to acquire foreshore reserve under current zoning	$7,000,000
Burroway Road/Hill Road intersection upgrade works	Required to support proposed development – no local infrastructure contribution value attributed in VPA
Total	$20,000,000

20. The above estimates were provided to Council by an independent consultant and reviewed by Council’s Property Development Group and the Open Space team for accuracy.

21. Under the current controls a part of the site is zoned RE1 Public Recreation. Council is the acquisition authority and the value of the land Council would be currently liable to acquire is $7 million. The planning agreement offer includes the removal of the existing liability for Council to acquire this land. Instead the draft VPA sees the new larger piece of open space, and the proposed transport corridor dedicated to Council at no cost. The proposed public benefits includes the transfer of land, embellishment and a 5 year period of maintenance at nil cost to Council in contrast to the land acquisition burden associated with the current zoning regime.

22. Each of the above items that are proposed to be included within the Planning Agreement are consistent with outcomes previously adopted by Council (26 August 2019) and the Gateway determination scheme. Furthermore, the zoning and land reservation map endorsed by Council at that meeting identified the larger foreshore reserve and transport corridor for acquisition as public infrastructure. The endorsed 2019 report envisaged limited VPA content, but sought inclusion of the park and transport corridor as secured under the draft now being considered. The draft VPA will ensure that these items are also dedicated to Council free of cost. The extent of the dedication land is shown in Figure 2, which includes the transit corridor land that runs centrally through the redevelopment site.

Figure 2: VPA Dedication land

23. Section 2.5.3 of Council’s Planning Agreement Policy 2018, states that for “planning proposals outside the CBD satisfactory arrangements for community infrastructure are made when the value of the planning agreement contribution is equivalent to 50% of the land value uplift”. Table 3 below, compares the developer’s VPA offer against the minimum value uplift amount required by Council’s VPA policy.

Table 3: Value uplift assessment

Uplift Analysis	Amount
Council independent consultant uplift review (BEM)	$14,000,000
VPA Policy Minimum Requirement (50%)	$7,000,000
Current VPA Offer (143% of the land value uplift) – Foreshore park embellishment and 5 year maintenance agreement.	$20,000,000

24. The value uplift figure associated with the increased building height has been quantified at $14 million dollars by Council’s independent valuation consultant BEM. The analysis of the offer in Table 3 has demonstrated that the local community infrastructure benefits of $20 million dollars will considerably exceed (i.e. it is almost triple) the 50% minimum requirement of $7 million dollars mandated under Council’s VPA policy.

25. The above community infrastructure contributions included in the Planning Agreement are only related to the provision of additional building height in this Planning Proposal and the applicant will still be required to pay Section 7.11 (residential uses) or 7.12 (employment uses) contributions at the DA stage.

26. For assurance purposes the Planning Agreement will secure a bank guarantee and defect liability bond to protect Council from any costs associated with the rectification of defective works or sub-standard maintenance. Council’s expectations for maintenance processes are documented in the VPA. The agreement has also been drafted to include multiple review stages to enable Council Officers to approve the detailed design at the DA stage, Construction Certificate, onsite construction inspections and the final handover agreement.

27. Please refer to Attachment 5 for a more detailed assessment of the offer, including assessment of content of the Planning Agreement and some discussion of the longer term financial impacts associated with Council having to maintain the land dedicated to Council once the 5 year maintenance period in the Planning Agreement end. These future maintenance concerns are mitigated by the projected increase of rates revenue generated through the redevelopment of the site.

GATEWAY DETERMINATION CONDITIONS

28. As a part of the Gateway determination, DPIE recommended that the planning proposal previously endorsed by Council proceed subject to conditions outlined in the points 28-31 below. An explanation of the manner in which each condition has been addressed by Council Officers is outlined below and incorporated into the revised version of the planning proposal document at Attachment 3.

29. The applicant submitted an updated ecological report (Attachment 4) that was reviewed and supported by Council’s Open Space and Natural Area Planner for public exhibition. The report has adequately responded to legislative conservation requirements and dealt with the impact of the development on the adjoining Newington Nature Reserve.

30. The assessment requirements under Section 9.1 of the Environmental Planning and Assessment Act 1979 for Environmental Zones and Transport Integration were amended to reflect the revised submission of the ecological report and emphasises the provision of the land set aside for the central transport corridor.

31. The requirement to “turn off” Clause 4.6 of the LEP was removed from the planning proposal document due to DPIE denying Council’s request. More detailed FSR control mapping based upon individual development lots, additional DCP measures and an LEP local provision GFA cap are proposed for incorporation within the planning proposal and supporting DCP to regulate the built form outcome.

32. A retail floorspace cap of 2,000m² will be included as an additional LEP local provision to protect the commercial viability of the Rhodes and SOPA precincts.

CONSULTATION & TIMING

Stakeholder Consultation

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

Date	Stakeholder	Stakeholder Comment	Council Officer Response	Responsibility
7 August 2020	Executive Director City Assets	Concerns raised for taking public dedication of foreshore reserve.	Additional justification to confirm that the strategic benefits of public ownership outweighed future costs.	City Planning
20 May 2020 / 14 August 2020	Design Workshop – Open Space & Natural Resources, Urban Design & Transport Planning	No objections raised on park or transport corridor design. DCP endorsed by relevant teams.	Minor design amendments requested, which will be included in the final concept plan and the future detailed DA design.	City Planning
15 October 2020 / 18 January 2021 / 1 February 2021	Property Development Group	No objections raised to VPA offer or value capture amount.	No further action required.	City Planning
25 November 2020 / 1 February 2021	Executive Team – briefings for CEO and key directorate staff	Proposal endorsed for the purposes of reporting to Council.	No further action required.	City Planning / Property Development Group

Councillor Consultation

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

Date	Councillor Comment	Council Officer Response	Responsibility
19 August 2019	Endorsed the continuation of VPA negotiations and DCP updates to reflect the endorsed masterplan at meeting held in August 2019.	The content of the masterplan and VPA offer endorsed by Councillors at the Gateway determination has not altered. The VPA has been negotiated in accordance with Council’s recommendation.	City Planning

35. Pending Council’s resolution on this matter, the draft DCP and draft Planning Agreement will be publicly exhibited with the Planning Proposal. The exhibition will be conducted in accordance with the Gateway determination and the requirements of the Environmental Planning and Assessment Act 1979. The outcome of the public exhibition will then be reported to Council.

FINANCIAL IMPLICATION FOR COUNCIL

36. The Planning Agreement currently being negotiated will involve the applicant delivering an embellished foreshore park and transport corridor in addition to the Section 7.11 and 7.12 contributions payable at the time the development proceeds. The transfer of these items in the planning agreement will remove Council’s obligation under the existing zoning regime to acquire the foreshore reserve and also removes the obligation to maintain the foreshore park for a period of 5 years.

37. The proposed Planning Agreement will result in ongoing costs related to the maintenance of the foreshore reserve and the transport corridor. TfNSW will not be identified as the acquisition authority prior to the State government making a more formal commitment to either a light rail and bus or dedicated bus from Melrose Park to this site.

38. If Council does not step in as a mediatory landowner between the developer and TfNSW the land will be transferred into private community title ownership, where it would be less feasible and cost prohibitive to reclaim ownership for any potential transport infrastructure in the future. It is considered that the strategic benefits of taking public dedication of both assets will outweigh the associated costs, depreciation and liabilities. The opportunity to future proof the potential transport corridor link to Melrose Park and the establishment of a key public cycling link from Sydney Olympic Park to the Parramatta CBD should be pursued by Council from a strategic viewpoint. It is acknowledged that this does involve some financial impact on council which is addressed below.

39. As a result of the timeframes associated with DA assessment, state agency consultation, the 5 year developer maintenance commitment and construction programing it is anticipated that both the transport corridor and foreshore park will not become assets requiring maintenance for approximately 7-10 years (2027-2030) so the short term impact to Council is negligible.

40. Rates and Parks teams officers have forecasted in 7-10 years when these assets become maintenance liabilities that the additional rates revenue generated within the precinct from the proposed 2,300 dwellings will be able to cover future operational/ maintenance costs. The relevant asset teams have been consulted and are aware of the financial implications associated with the new open space.

41. The maintenance of the park and transport corridor will not result in any additional operational costs for Council over the course of the current operational budget until 2027/28 financial year. Council will include the asset in their balance sheet in the 2021/22 financial year.

42. The costs associated with the preparation, exhibition and finalisation of the draft DCP and draft Planning Agreement are internal resources and consultancy costs. The developer will reimburse any consultancy costs relating to the VPA, which will then result in nil operational costs for Council.

	FY 20/21	FY 21/22	FY 22/23	FY 23/24
Operating Result
External Costs			$0	$0
Internal Costs			$0	$0
Depreciation			$280,000	$280,000
Other			$0	$0
Total Operating Result	Nil	Nil	$280,000	$280,000

Funding Source			VPA works- in-kind (cost borne to developer)	VPA works- in-kind (cost borne to developer)

Income from redevelopment
Rates Income (General Revenue)	$257,781	$437,921*	$618,661*	$800,000*
Development Contributions (S. 7.11)	$1,502,389	$1,424,963*	$1,424,963*	$1,424,963*

CAPEX
CAPEX
External		$12,400,000
Internal
Other
Total CAPEX	Nil	$12,400,000	Nil	Nil

Funding Source	Nil	VPA works- in-kind (cost borne to developer)

Note: The figures shown in this table are estimates that are subject to further review at the detailed design stage.

Projections based on 10 year development program and the assumption half of the dwelling yield will come online by 2024. The overall projected rates income will be 1.6 Million after 10 years and the development contributions yield of $11,554,556.

CONCLUSION

43. It is recommended that Council endorse the proposed amendments to the Wentworth Point DCP 2014 and that the Chief Executive Officer be authorised to prepare the legal drafting of the draft Planning Agreement in accordance with the letter of offer provided in Attachment 2 on behalf of Council for the purpose of public exhibition.

44. If endorsed, the draft DCP and draft Planning Agreement will be publicly exhibited concurrently with the Planning Proposal for 14-16 Hill Road, Wentworth Point, for a minimum of 28 days. A further report will be prepared for Council on the outcome of the public exhibition period.

Ferdinando Macri

Project Officer Land Use

Kevin Kuo

Team Leader LUP

Michael Rogers

Land Use Planning Manager

David Birds

Acting Executive Director, City Planning & Design

Paul Perrett

Chief Financial Officer

Brett Newman

Chief Executive Officer

Attachments:

1 ⇩	Amended Wentworth Point DCP 2014	44 Pages
2 ⇩	VPA Letter of Offer	1 Page
3 ⇩	Planning Proposal Document	44 Pages
4 ⇩	Revised Ecological Report	82 Pages
5 ⇩	Detailed Assessment of DCP and VPA	9 Pages
6 ⇩	Gateway Determination	2 Pages

REFERENCE MATERIAL

Council 22 February 2021 Item 17.2

INNOVATIVE

ITEM NUMBER 17.2

SUBJECT FOR APPROVAL: Post-exhibition - Draft Development Control Plan and draft Planning Agreement for 20 Macquarie St, Parramatta

REFERENCE RZ/21/2015 - D07783732

REPORT OF Project Officer-Land Use Planning

APPLICANT/S M20 Pty Ltd

OWNERS Schiavello Constructions (NSW) Pty. Ltd.

DEVELOPMENT APPLICATIONS CONSIDERED BY SYDNEY CENTRAL CITY PLANNING PANEL: Nil

PURPOSE:

To report to Council the outcomes of the exhibition of an amended draft Development Control Plan (DCP) and amended draft Planning Agreement for 20 Macquarie St, Parramatta, and to recommend finalisation of these documents.

RECOMMENDATION

(a) That Council receives and notes the submissions received to the exhibition of the amended Development Control Plan (DCP) and amended Planning Agreement for 20 Macquarie St, Parramatta.

(b) That Council finalise the DCP [Attachment 1] with the following amendments:

(i) removal of controls relating to vehicular access (refer to part (e) of this resolution below for further detail)

(ii) ensuring servicing, loading and set down/pick up activities take place on site

(iii) a minor amendment relating to ensuring that roof terraces are vegetated.

is to support vehicle access arrangements whereby vehicles enter from Macquarie St and exit onto Marsden St, noting the following:

(i) This position should form the basis of assessment of this matter for any Design Competition or Development Application at this site.

(ii) The matter of vehicle access at this site will be re-exhibited as part of the draft Parramatta CBD DCP, or a Development Application at this site, whichever comes first.

(c) That Council delegates authority to the CEO to sign the exhibited Planning Agreement [Attachment 2] on Council’s behalf.

(d) That Council supports finalisation of the previously-endorsed related Planning Proposal once the Planning Agreement has been executed by the Applicant and Council.

(e) That Council notify the Department of Planning, Industry and Environment of Council’s resolution on this matter to facilitate preparation for finalisation of the related Planning Proposal.

(f) That Council delegates authority to the CEO to make amendments of a minor and non-policy nature to the Planning Proposal, DCP, and Planning Agreement during the respective finalisation processes.

BACKGROUND

1. The subject site is located on the corner of Macquarie and Marsden Streets, Parramatta (refer Figure 1). The legal description of the site is Lot 1 in DP 503651 and Lot 1 in DP 501663. The site area is approximately 1,286sqm. Currently the site contains a seven-storey commercial building fronting Macquarie Street that includes a single-storey portion of the building fronting Marsden Street.

Site aerial

Figure 1: Location Map (Source: Council’s GIS)

2. The Planning Proposal, Development Control Plan (DCP) and Planning Agreement were previously exhibited for this site from 12 December 2018 to 1 February 2019.

3. In considering the post-exhibition report at its meeting of 9 September 2019, Council resolved to endorse the Planning Proposal for finalisation, but to request that notification be undertaken only once Council has confirmed that the Planning Agreement has been entered into by Council and the Applicant.

4. At its meeting of 9 September 2019, Council also resolved to exhibit an amended DCP and an amended Planning Agreement. The changes to these documents for re-exhibition were as follows:

a. DCP amendments relating to setbacks (also summarised in Figure 2 below):

i. The podium setback on the western boundary (Marsden Street) was increased from 0 metres to 2 metres to enable a potential future road widening on Marsden Street. Refer to yellow strip in Fig 2 below.

ii. Additional provisions permitting the podium to overhang above the ground floor level, subject to meeting certain criteria related to urban design and public domain outcomes;

iii. The tower setback on the western boundary (Marsden Street) has been increased from 0 metres to 2 metres to reflect the ground floor podium setback. Refer to yellow strip and text description in Fig 2 below.

iv. The tower setback on the southern boundary (Macquarie Street) has been reduced from 6 metres to 3 metres.

Figure 2: Summary of setbacks at subject site (20 Macquarie St) and adjacent site (197 Church St) (Source: Image created by council officers)

b. Planning Agreement amendments

i. Inclusion of additional provisions requiring the developer to provide a 2 metre wide easement for public pedestrian access on the Marsden Street frontage of the site. This relates to the 2 metre setback area for road widening referred to above in the DCP amendments.

EXHIBITION OF AMENDED DOCUMENTS

5. The amended DCP and Planning Agreement were exhibited from 25 November 2020 to 15 January 2021 (extended to account for the Christmas period). Details of the exhibition are as follows:

a. notification letters were sent to adjacent landowners as well as other landowners in close proximity to the site;

b. the same Government agencies were notified as in the original exhibition;

c. exhibition of materials on Council’s website; and

d. hard-copy materials available in Council’s Customer Service Centre.

6. The COVID-19 Legislation Amendment (Emergency Measures) Act 2020 enacted on 14 May 2020 removed the requirement for hard copies of exhibition material to be made available during public exhibitions and removed the need to advertise public exhibitions of DCPs and Planning Agreements in a local newspaper. Community members could request alternative access to the exhibition material if required; however, Council officers did not receive any telephone calls from the public requesting to access hard copy material in an alternative manner.

7. In response to the exhibition, Council received five agency submissions and one submission from an adjacent landowner.

SUMMARY OF AGENCY SUBMISSIONS

8. Key issues raised in the five agency submissions received are below, along with Council officers’ response. The table at Attachment 3 of this report provides a more detailed summary of each submission as well as a response from Council officers.

Table 1: Summary of agency submission and officer response

Summary of submission	Summary response
Transport for NSW
An updated TIA is required.	The Planning Proposal to which the DCP relates has already been endorsed by Council, and is consistent with Council’s policy on this matter. Further assessment will occur at DA stage.
Council should consider whether there is a need for a left-turn slip lane from Marsden St into Macquarie St.	This issue has been referred to Council’s traffic section for consideration. Council is currently planning for various road widenings and improvements as part of the infrastructure planning for the Parramatta CBD PP. The draft Land Reservation Acquisition map which is part of the Parramatta CBD PP does not identify this as a need at this point in time.
The exhibited DCP envisions vehicle access from Macquarie St. Transport does not support this in favour of a solution with access from Marsden St, with an option for having an entry on Macquarie St / exit on Marsden St solution.	A solution wherein vehicle ingress is on Macquarie and vehicle egress is on Marsden St is considered acceptable by Council’s traffic section, and amendments to the DCP are proposed to reflect this. The entrance and exit points should be adjacent to the neighbouring site of 197 Church St.
Consideration should be given to having a shared driveway/basement with the neighbouring site of 197 Church St.	It may be difficult to realise a shared basement given different ownership and construction schedules. However, the amendments recommended above (wherein the entry/exit points for vehicles are adjacent to the neighbouring site) leave open the possibility of negotiating a shared driveway at DA stage.
The DCP should refer to the car parking rates in the Planning Proposal and should consider reducing these rates further.	It is not considered necessary for the DCP to reference the parking rates in the accompanying LEP amendment, because LEPs override DCPs. Furthermore, the rates proposed in the related Planning Proposal reflect Council’s policy work about reduced car parking rates in the CBD, and it is not considered that further reductions are necessary.
Loading, servicing, and drop-off activities should take place on site with egress from Marsden St.	This is considered acceptable by Council’s traffic section, and amendments are recommended to reflect this.
The DCP does not address basement issues.	The precise number of basement levels proposed is not yet known. Council does not normally put in DCP controls about basements; as this site is located within the Sydney West Metro SEPP map, there will be a mandatory referral to Metro West at DA stage provided the basement is deeper than 2m.
Sydney Metro West is not listed as a referral authority for the proposed development.	The exhibited materials were forwarded to the Sydney Metro team for comment. The Planning Proposal has already been endorsed for finalisation by Council, so no further consultation with public agencies is planned on it. A future DA at this site would be referred to Metro, as it is within the ISEPP map, provided a basement deeper than 2m is proposed. It is considered referrals to Metro are appropriately accounted for.
TfNSW is happy to have further discussion about contributions to state/regional infrastructure.	Council officers note that the NSW State Government is yet to implement the State Infrastructure Contribution (SIC) requirement that has been flagged for many years. Requests from State Government agencies in this area have been inconsistent over the past years. The Gateway for this site did not require a satisfactory arrangements clause and Council has endorsed the Planning Proposal for finalisation. Council officers consider this is an issue for DPIE to resolve as the agency advice being provided here does not appear to be consistent with DPIE’s position on this matter.
Various other matters such as Green Travel Plan, PLR technical requirements, considered changes to local street network due to PLR etc.	Council officers consider these are already addressed in Parramatta DCP 2011 or are most appropriately addressed at DA stage when the precise nature of the proposed development is known.
Heritage NSW (former Office of Environment & Heritage - Heritage Division)
Reiterated the points of their previous submission to the earlier exhibition of the Planning Proposal, DCP and Planning Agreement, and requested that the DCP be amended to reflect these comments.	Council officers’ response to these issues was detailed in a previous report to Council and recommended no changes to the DCP as a result; this assessment was accepted by the Local Planning Panel and Council. No further amendments to the DCP are recommended as a result of this submission reiterating the previous submission. The issues raised in the previous submission are addressed in further detail in Attachment 3.
Department of Planning, Industry and Environment – Environment, Energy and Science Group (EES) (former Office of Environment and Heritage)
Amendments requested relating to street trees, biodiversity, water sensitive urban design and flooding.	These issues are considered to be adequately addressed either through existing controls within Parramatta DCP 2011 or Council’s standard conditions of consent.
Requested an amendment to control C.7 under the heading: “Built Form, Design and Massing”. Currently this control requires that a rooftop terrace be provided on the podium should residential uses be incorporated. The submission requests that this rooftop terrace be “vegetated”.	This request is considered to be not inconsistent with the objectives of the draft DCP and the objectives of the existing Parramatta DCP 2011 (Section 4.3.3.6 “Environmental Management”). As such, it is recommended that a minor change be made to the draft DCP.
Endeavour Energy
No significant issues raised. The utility reiterated their previous comments which relate mainly to technical requirements.	The Applicant and relevant Council teams have been advised of these comments as appropriate.
Sydney Water
No Comments.	Noted.

ADJACENT LANDOWNER SUBMISSION

9. A submission was also received from the adjacent landowner at 197 Church St – a site where a separate Planning Proposal is also progressing. This submission raised three main issues, which are detailed in the below table along with a response from officers. No post-exhibition amendments to the 20 Macquarie St DCP or Planning Agreement are recommended as a result.

Table 2: Summary of adjacent landowner submission and officer response

Issue raised in submission	Council officer response
Request confirmation that any future non-residential development at 197 Church St will not be required to increase its side setbacks to boundaries shared with 20 Macquarie St; in other words, in the event that 20 Macquarie St pursues a residential development option, any increased setbacks for 20 Macquarie St to meet the Apartment Design Guidelines (ADG) would be accommodated within the 20 Macquarie St site.	Council officers confirm that the building separation controls (i.e. side setbacks) exhibited at these two sites are the controls against which Development Applications will be assessed - regardless of what has eventuated at the other site. Council officers acknowledge that a concession was made at the 20 Macquarie St site to allow a 6m boundary setback along the northern edge of that site, regardless of the land use that eventuates there. This issue will be subject to detailed assessment at DA stage of both sites.
Request confirmation that if residential development is proposed on 20 Macquarie Street, the development potential of 197 Church Street will not be restricted in any way in order for that development to achieve the ADG solar access controls.	Council officers acknowledge that, in a high-density CBD context, solar access to residential buildings is always challenging to achieve. Council officers consider that the draft DCP controls for both sites balance the vision for orderly redevelopment of these sites with solar access and other amenity issues. This issue will be subject to detailed assessment at DA stage of both sites and Council Officers cannot give a definitive confirmation at this stage that pre-determines a development application decision. The Determining Authority will have the final say in determining the appropriateness of any future development and the related shadow impacts
Request that the draft DCP for the 197 Church St site (which has also been recently exhibited) be amended to provide the same tower setback from Macquarie Street of 3 metres.	The draft DCP for 197 Church St incorporates a 6m tower setback from Macquarie St, while the draft DCP for 20 Macquarie St (the subject of this Council report) incorporates a 3m tower setback from Macquarie St. The 197 Church St landowner’s request to amend the DCP for their site in this regard is acknowledged. However, it is not within the scope of this report (which addresses the finalisation of documents relevant to 20 Macquarie St) to provide a recommendation about a draft DCP for an adjacent site. The Planning Proposal, DCP and Planning Agreement for 197 Church St have also been recently exhibited, and are scheduled to be reported to LPP and Council in Quarter 1 2021. Those reports will address this issue and include a recommendation about the 197 Church St DCP in this regard. The relevant section from the LPP report on 197 Church St (which was finalised at the time of writing this report) has been extracted and appended to this report at Attachment 4. The report to the Local Planning Panel does not support the request from the owner of 197 Church Street to reduce the tower setback on their site from 6m to 3m. The justification for this recommendation is further discussed in detail Attachment 4.

FURTHER RE-EXHIBITION OF THE DRAFT DCP

10. In summary, this report has recommended that amendments are made to the DCP relating to the following issues:

a. Proposed control C.7 under the heading: “Built Form, Design and Massing” requires a rooftop terrace to be provided on the podium should residential uses be incorporated. This control is to be amended to require rooftop terrace be “vegetated”;

b. Ensuring that loading, servicing, and drop-off activities take place on-site; and

c. Access arrangements changing to a solution with vehicle entry on Macquarie St and vehicle exit on Marsden St.

11. Issue “a” above is recommended in direct response to an agency submission. It is minor and not inconsistent with the objectives of the exhibited DCP as well as general provisions already contained within Parramatta DCP 2011. When considered as an individual issue, Council officers consider that this amendment would not require re-exhibition.

12. Issue “b” above is recommended in direct response to an agency submission. It does not generate additional impacts on public infrastructure, but in fact may have the effect of generating less impact on public infrastructure. When considered as an individual issue, Council officers consider that this amendment would not require re-exhibition.

13. Issue “c” above involves recommended amendments to the vehicle access arrangements at this site in direct response to a State agency submission. These amendments relate to changing the vehicle access from Macquarie St only, to an “entry on Macquarie / exit on Marsden” solution. It is considered that this changes impacts on the local road network, as well as potential visual impacts to neighbours. When considered as an individual issue, Council officers consider that this amendment may impact on adjoining owners and those across the street in terms of traffic safety and pedestrian safety issues. Ideally these amendments to the access arrangements would be tested by re-exhibiting the DCP controls proposed to be amended.

14. Council officers have identified two options for re-exhibition of this issue:

a. Re-exhibit the entire site-specific DCP for 20 Macquarie St

b. Remove controls relating to vehicle access arrangements from the site, and finalise the remainder of the site-specific DCP for 20 Macquarie St. A note would be included in the DCP to say that the access arrangements are still to be determined and that Council’s preferred option (ie one way entry from Macquarie Street and one way exit from Marsden Street) will be exhibited as part of the forthcoming Parramatta CBD DCP. The recommendation of this report includes a statement that these access arrangements are the Council-preferred position for the inclusion in the draft Parramatta CBD DCP and as the basis for the assessment of any Design Competition brief or Development Application that may be pursued ahead of the Parramatta CBD DCP being finalised.

15. Option “a” above is considered less optimal, as the remainder of the DCP (as amended per the other recommendations above) should be finalised promptly to allow a potential development project at this site to proceed.

16. Option “b” allows the remainder of the DCP to be finalised, and for the project to proceed towards Development Application stage. The community and relevant agencies would have the opportunity to comment on the vehicle access arrangements again either at DA stage, or as part of the broader Parramatta CBD DCP (if that DCP is exhibited earlier than a DA for the site).

17. Based on the above analysis, Council officers consider option “b” preferable, and the recommendation of this report supports this.

DRAFT PLANNING AGREEMENT

18. There are no changes recommended to the draft Planning Agreement as a result of the public exhibition. The details of the draft Planning Agreement are summarised as follows.

2m public right of way on Marsden Street

19. The re-exhibited Planning Agreement includes a provision requiring the developer to register a 2m right of carriageway for public access over the 2m strip fronting Marsden Street. The purpose of the public access is to facilitate a future cycleway which would be accommodated within the road reserve with pedestrian access partially located on the site within the 2m setback area.

Community Infrastructure contribution (in the case of residential development)

20. The commercial terms of the Planning Agreement provide for a monetary contribution for $1,107,000 to be used by Council towards public domain works, affordable rental housing and actions under Council’s Cultural Plan to be determined by Council.

21. This aspect of the Planning Agreement is “conditional” in the sense that the monetary contribution is only paid to Council if the development of the site includes residential development. This is not the preferred development option currently being put forward by the Applicant; the preferred development option is for a hotel, which would not attract the monetary contribution.

22. This “conditional” contribution amount was calculated by applying $150/sqm (consistent with Council’s policy for Phase 1 Community Infrastructure) to an estimate of the additional residential square metres achievable on site put forward by the Applicant. This estimate outlined 7,380 additional sqm of development potential. This was the amount put forward in the letter of offer by the Applicant, and which ultimately informed the negotiated terms of the Planning Agreement.

Table 3: Estimated contribution under Parramatta CBD Community Infrastructure framework if site is developed for residential purposes

Development parameters
Site Area	1,230 sqm*
Base FSR	4:1
Base Gross Floor Area	4 x 1,230sqm = 4,920sqm
Incentive FSR**	10:1
Phase 1 calculation
Incentive FSR minus base FSR	6
Increase in FSR multiplied by site area	6 x 1,230sqm = 7,380sqm
Increase in floor area multiplied by $150 (Phase 1 value sharing required at $150 /m²)	$1,107,000**

*Note: A slightly different site area was used to inform this calculation.

**Note: The Planning Agreement was negotiated at a point in time when the subject site was to be excluded from the sliding scale provisions. Since then the Planning Proposal has been amended so the sliding scale will apply for the floor space achievable if the site is developed for residential use but not hotel use. Should this occur the applicant would not be able to achieve an additional 7,380sqm of additional residential floor space on site. Under Council’s policy framework applicants are requested to contribute based on the extent of uplift. The applicant has not raised this as an issue. It is considered that this is because they intend to pursue a hotel development on the site and do not expect to pay any contribution. There are review clauses in the Planning Agreement which would allow Council and the Applicant to revisit an appropriate monetary contribution if residential development with lower floor space was ultimately achieved in the DA process so the contribution is consistent with Council’s policy framework.

PRIORITISATION ASSESSMENT PROGRAM

23. The Planning Proposal to which this draft DCP and Planning Agreement are relevant is a priority project on Council’s Prioritisation Assessment Program.

24. Council staff and the Applicant are working together closely to ensure the Planning Proposal is finalised as promptly as possible. The DPIE have requested Council finalise this Planning Proposal by 31 March 2021 and the intent of the Prioritisation Assessment Program is to work with DPIE and the Applicant to seek to meet this deadline.

LEGAL IMPLICATIONS FOR COUNCIL

25. The Planning Agreement contains provisions requiring the developer to provide a 2 metre wide easement for public pedestrian access on the Marsden Street frontage of the site. This land will not transfer ownership to Council, but the easement means that an appropriate footpath width will still be provided in the case that a road widening occurs along Marsden St.

FINANCIAL IMPLICATIONS FOR COUNCIL

26. The Planning Agreement requires that a Community Infrastructure contribution be made in the event that the Applicant elects to develop residential uses on site beyond the development potential available under current controls. However, this is not currently the intention of the Applicant, as a hotel is currently the Applicant-preferred land use for redevelopment of the site. Therefore, if Council resolves to approve this report in accordance with the proposed resolution, there is no expected financial impact on the budget.

CONCLUSION

23. In summary, the recommendation of this report supports finalisation of the Planning Proposal, Planning Agreement and DCP for this site. As discussed in this report, some amendments are proposed to the DCP prior to finalisation. Additionally (and in keeping with Council’s stance on other similar sites), it is recommended that Council only support the finalisation of the relevant Planning Proposal once the Planning Agreement has been executed by both parties.

Felicity Roberts

Project Officer-Land Use Planning

Robert Cologna

Acting Group Manager City Planning

Paul Perrett

Chief Financial Officer

David Birds

Acting Executive Director, City Planning & Design

Brett Newman

Chief Executive Officer

Attachments:

1 ⇩	Draft DCP as exhibited	13 Pages
2 ⇩	Draft Planning Agreement as exhibited	29 Pages
3 ⇩	Summary of submissions and Council officer response	11 Pages
4 ⇩	Extract from report to Local Planning Panel - 16 February 2021	3 Pages

REFERENCE MATERIAL

Council 22 February 2021 Item 17.3

INNOVATIVE

ITEM NUMBER 17.3

SUBJECT FOR APPROVAL: Post Exhibition - Planning Proposal at 12 Phillip Street, 105 Marsden Street, 333 and 339 Church Street, Parramatta ("The Lennox")

REFERENCE RZ/8/2019 - D07791853

APPLICANT/S Ethos Urban

OWNERS PCCDEVCO1 Pty Ltd

REPORT OF Project Officer Land Use Planning

Development applications considered by Sydney central city planning panel

(a) DA/171/2014 – Development application for the demolition, tree removal and construction of a 41 storey mixed-use building containing retail tenancies, conference venue, discovery/exhibition centre and 413 residential apartments over 6 levels of basement car parking with stratum subdivision. Approved on 15 April 2015 by the former Sydney West Joint Regional Planning Panel (now the Sydney Central City Planning Panel).

(b) DA/171/2014/A – Modification to the approved mixed-use tower development including two additional residential levels, two additional basement levels (59 additional car parking spaces), reconfiguration of podium including additional mezzanine level, revised residential apartment mix and revised stratus subdivision. Approved on 12 September 2018 by the Sydney Central City Planning Panel.

PURPOSE

To enable Council to consider the post-exhibition outcomes of the Planning Proposal, for land at 12 Phillip Street, 105 Marsden Street, 333 and 339 Church Street, Parramatta, and to seek Council’s endorsement to forward the Planning Proposal to the Department of Planning, Industry and Environment for finalisation.

RECOMMENDATION

(a) That Council notes there were no submissions received during the public exhibition of the Planning Proposal at 12 Phillip Street, 105 Marsden Street, 333 and 339 Church Street, Parramatta.

(b) That Council endorse the Planning Proposal for land at 12 Phillip Street, 105 Marsden Street, 333 and 339 Church Street, Parramatta (provided at Attachment 1) which seeks to amend the Parramatta Local Environmental Plan 2011 by way of:

i. Reconfiguring the boundary between the RE1 Public Recreation Zone and B4 Mixed Use zone on the site;

ii. Rezoning part of the site zoned RE1 Public Recreation to RE2 Private Recreation to resolve a zoning inconsistency; and

iii. Adjusting the mapped floor space ratio (FSR) controls to reflect the zoning changes above in a manner that does not increase the development potential of the site.

(c) Further, that Council delegate authority to the Chief Executive Officer to make any minor amendments and corrections of a non-policy and administrative nature that may arise during the plan amendment process relating to the Planning Proposal.

PLANNING PROPOSAL TIMELINE

SITE DESCRIPTION

1. The site is at 12 Phillip Street, 105 Marsden Street, 333 and 339 Church Street, Parramatta. The site is irregularly-shaped and has an area of approximately 6,281 square metres (refer Figure 1). The site is located on the southern bank of the Parramatta River between the Lennox and Bernie Banton Bridges.

Figure 1: Aerial photo of the site outlined in yellow

BACKGROUND

2. The subject site was previously owned by Council and operated as a car park (Lennox Bridge Car Park). Council sold the site to PCCDevCo1 (the developer), following a Council resolution on 28 August 2019.

3. In December 2012 (prior to the sale of the site), Council entered into a Project Delivery Agreement with PCCDevCo1 (the developer). Under this agreement, the developer would be permitted to develop Council’s site, but would need to dedicate to Council a Discovery Centre and an enhanced public domain around the site including along the Parramatta River foreshore.

4. In 2015, development consent was granted for the building currently under construction (“The Lennox”). The approved architectural plans, per the design excellence scheme, included the Discovery Centre in the podium which projected from the B4 Mixed Use zone into the adjacent RE1 Public Recreation zone. As the Discovery Centre is defined as a ‘community facility’, the projection into the RE1 Public Recreation zone was permissible. The extent of the projection into the RE1 Public Recreation zone is shown green and the extent of the community space (Discovery Centre) is outlined in red in Figure 2 below.

Figure 2: Extent of the podium projection into the RE1 Public Recreation zone (in green) and the Discovery Centre / community space (outlined in red).

5. At its meeting on 10 July 2017, Council resolved to consolidate the Discovery Centre with two other existing and one proposed cultural facilities into a larger amalgamated facility at 5 Parramatta Square. As a result of this, Council no longer required the community space approved within the development and an agreement was reached whereby the developer purchased level one of the development which was to house the Discovery Centre. The developer is seeking to pursue commercial uses on the level that would under previous arrangements have housed the Discovery Centre.

6. Construction of the building has already commenced and it is not practical to substantially amend the approved plans so that the building no longer projects into the RE1 Public Recreation land. Given this, there are two issues which arise as a result of the zoning misalignment:

a. The developer is only able to use the portions of the building encroaching into the RE1 Pubic Recreation area, which they have now purchased, for uses permitted in this zone. In practical terms this limits the use of these parts of the building to cafes which are permitted in the RE1 Public Recreation zone; and

b. If the RE1 Public Recreation area shown in green in Figure 2 is retained, Department of Planning guidelines require that all land reserved for a public purpose but is not owned by a Government Agency to be identified on the Land Reservations and Acquisition Map. Given that Council has sold this land to the Applicant, it is counterintuitive for Council’s planning policy to require future reacquisition of this strip of land.

7. On 11 May 2020 Council considered a Council Officer assessment report of a Planning Proposal, which supported the following amendments:

· Re-zoning part of the site from RE1 Public Recreation to RE2 Private Recreation;

· Re-zoning part of the site from RE1 Public Recreation to B4 Mixed Use;

· Re-zoning part of the site from B4 Mixed Use to RE1 Public Recreation; and

· Amending the floor-space ratio (FSR) controls for the parts of the site which are being rezoned.

8. The proposed amendments to land use zoning are shown in Figure 3 and Table 1 to land use zoning amendments. The proposed amendments to land are shown in Figure 4 and Table 2 in relation to FSR amendments.

Figure 3: Proposed Land Use Zoning amendments

Table 1: Proposed Land Use Zoning amendments and reasons

Land Use Zoning proposed amendment	Reason
Rezone from RE1 Public Recreation to RE2 Private Recreation	To ensure that Council does not need to acquire any part of the building which is currently zoned RE1 Public Recreation while minimising the total amount of area to be rezoned B4 Mixed Use.
Rezone from RE1 Public Recreation to B4 Mixed Use	To allow the applicant to use this strip which forms part of the building for a commercial use which will allow for the most efficient use of this part of the approved building.
Rezone from B4 Mixed Use to RE1 Public Recreation	To compensate for the loss of RE1 Public Recreation area as specified above.

Figure 4. Proposed FSR amendments

Table 2: Proposed FSR amendments and reasons

Area reference (refer Figure 4)	Description	Reason
Area D	Remove the FSR that is allocated to this area (currently has an FSR of 12:1)	To ensure that the development potential of the site neither increases nor decreases as a result of the Planning Proposal.
Area E	Apply an FSR of 12:1 to this area (currently has no mapped FSR)	To ensure that the development potential of the site neither increases nor decreases as a result of the Planning Proposal.

9. In the Council Officer assessment of the Planning Proposal, it was deemed that the recommended Planning Proposal was the best mechanism for resolving the zoning misalignment issues on the site without compromising on the quantum or quality of public open space that is delivered by the development. It should be noted that given Council’s previous commercial dealings with the land, an independent planning review was also sought to ensure independent review of this matter. The independent review supported this position.

10. Council subsequently resolved to support the Planning Proposal and forward it to the Department of Planning, Industry and Environment (DPIE) requesting that a Gateway Determination be issued.

11. On 27 August 2020, DPIE issued a Gateway Determination (Attachment 2) for the site based on the amended Planning Proposal Council endorsed in August 2019. The Gateway Determination required that several minor administrative amendments be made to the Planning Proposal prior to it being placed on public exhibition. A condition of the Gateway Determination also requires that “Prior to finalisation of the planning proposal Council is to ensure there is mechanism [sic] for the delivery of all land zoned RE1 – Public Recreation into Council ownership”. This is addressed below in this report.

PUBLIC EXHIBITION / CONSULTATION & TIMING

12. The Planning Proposal and supporting information was placed on public exhibition from 22 October 2020 to 20 November 2020. The public exhibition material included:

· The Planning Proposal

· Council Minute and report

· Overlay of amendments to the zoning maps

· Peer Review of Planning Proposal

· Gateway Determination.

13. The exhibition material was placed on Council’s website. Additionally, hard copies of the exhibition material was placed at the Customer Contact Centre and Parramatta City Library for public viewing.

14. The Gateway Determination did not require that any other Government Agencies be consulted during the exhibition period.

15. The COVID-19 Legislation Amendment (Emergency Measures) Act 2020 enacted on 14 May 2020 removed the need to advertise public exhibitions of DCPs and Planning Agreements in a local newspaper.

16. No submissions were received during the public exhibition period.

COUNCIL OWNERSHIP OF RE1 PUBLIC RECREATION ZONED LAND

17. A condition of the Gateway Determination also requires that “Prior to finalisation of the planning proposal Council is to ensure there is mechanism for the delivery of all land zoned RE1 – Public Recreation into Council ownership”.

18. Council’s Property Development Group is completing a process separate to this Planning Proposal which concerns the sale of the formerly proposed Discovery Centre space to the developer, and the transfer of any public open space back to Council.

19. Consistent with Council’s resolution of 28 August 2019 regarding land transactions on the site, Council Officers have been working to obtain all necessary documents and signatures to ensure that any land to be zoned RE1 Public Recreation is transferred to Council. It is anticipated that this transaction will be completed in early 2021.

20. It is also noted that in accordance with Council’s resolution of 14 September 2020, the land to be zoned RE1 Public Recreation will be classified as ‘operational land’, as prior to the development of the site, the foreshore land was already classified as operational land.

PLANNING AGREEMENT

21. There is an existing Planning Agreement which applies to the subject site. That Planning Agreement is related to an older LEP amendment process that was finalised some time ago and enabled the development that is currently under construction on this site. That Planning Agreement predates the Planning Proposal that is the subject of this report.

22. The Planning Proposal that is the subject of this report intends to resolve the misalignment between the approved development and the existing zoning, while not allowing any additional development potential. This Planning Proposal is essentially administrative in nature and results in no changes to development potential. Therefore, there are no amendments to the existing Planning Agreement as a result of this Planning Proposal.

FINANCIAL IMPLICATIONS FOR COUNCIL

23. This Planning Proposal does not result in any additional residential uplift. Under Council’s CBD Planning Proposal Community Infrastructure Framework a contribution to community infrastructure is only required where there is an uplift in residential development potential.

24. This proposal deals with the issues arising from a Council decision to sell the floor space to the developer that would have been occupied by the formerly proposed Discovery Centre facility. The financial impact of the decision to sell the facility was considered at Council’s meeting on 28 August 2019 in closed session and is not relevant to this part of the process which seeks to resolve the planning issues arising from that decision.

CONCLUSION AND NEXT STEPS

25. The Planning Proposal was exhibited for 28 days in accordance with Environmental Planning and Assessment Act 1979. No public or agency submissions were received.

26. The Planning Proposal in its exhibited form is the best mechanism to resolve the zoning misalignment issues on the site as:

a. There is no net loss of publicly accessible space as a result of the Planning Proposal;

b. The Planning Proposal does not result in a compromised urban design outcome on the site or surrounding areas; and

c. The Planning Proposal does not result in a greater environmental impact.

27. Council Officers recommend that the Planning Proposal for 12 Phillip Street, 105 Marsden Street, 333 and 339 Church Street, Parramatta be endorsed and forwarded to DPIE for finalisation.

28. It is noted that in its resolution of 11 May 2020, Council requested that it not be designated as the plan-making authority as it previously held an interest in the site. Accordingly, the Gateway Determination did not grant plan-making delegations to Council, and the LEP amendment will be made by the Department of Planning, Industry and Environment.

Rafael Morrissey

Project Officer Land Use Planning

Marko Rubcic

Project Officer, Land Use Planning

Robert Cologna

Acting Group Manager, City Planning

Paul Perrett

Chief Financial Officer

David Birds

Acting Executive Director, City Planning & Design

Brett Newman

Chief Executive Officer

Attachments:

1 ⇩	Planning Proposal	31 Pages
2 ⇩	Gateway Determination	2 Pages

REFERENCE MATERIAL

Council Report 11 May 2020 - Item 18.6:

https://businesspapers.parracity.nsw.gov.au/Open/2020/OC_11052020_AGN_583_AT.PDF

Resolution 11 May 2020 - 2732:

https://businesspapers.parracity.nsw.gov.au/Open/2020/OC_11052020_MIN_583.PDF

Governance Manager		Lord Mayor Clr Bob Dwyer	Chief Executive Officer

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