Agenda of Council - Monday, 27 September 2021

MINUTES OF THE Meeting of City of Parramatta Council HELD VIA AUDIO-VISUAL MEANS ON Monday, 13 September 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, Phil Bradley, Donna Davis, Pierre Esber, Michelle Garrard (Deputy Lord Mayor), Steven Issa, Andrew Jefferies, Sameer Pandey, Dr Patricia Prociv, Bill Tyrrell, Andrew Wilson (6:40pm), Lorraine Wearne and Martin Zaiter.

1. OPENING MEETING

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

2. ACKNOWLEDGEMENT OF THE TRADITIONAL LAND OWNERS

The Lord Mayor, acknowledged the Burramattagal people of The Darug Nation as the traditional custodians of this land, and paid respect to their ancient culture and their elders past and present.

3. WEBCASTING ANNOUNCEMENT

The Lord Mayor, advised that this public meeting is being recorded and streamed live on the internet. The recording will also be archived and made available on Council’s website.

4. OTHER RECORDING OF MEETING ANOUNCEMENT

Nil

5. CONFIRMATION OF MINUTES

SUBJECT: Minutes of the Council Meeting held on 23 August 2021

3430

RESOLVED (Tyrrell/Esber)

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

6. APOLOGIES/REQUESTS FOR LEAVE OF ABSENCE

3431

RESOLVED (Tyrrell/Bradley)

That the request to attend the Ordinary Council Meeting dated 13 September 2021 via remote means submitted by the following Councillors due to personal reasons, be accepted:

- Councillor Barrak

- Councillor Bradley

- Councillor Davis

- Councillor Esber

- Councillor Garrard

- Councillor Issa

- Councillor Jefferies

- Councillor Pandey

- Councillor Prociv

- Councillor Tyrrell

- Councillor Wearne

- Councillor Wilson

- Councillor Zaiter.

7. DECLARATIONS OF INTEREST

There were no Declarations of Interest made at this meeting.

8. Minutes of the Lord Mayor

8.1

SUBJECT Congratulations to Australia's Olympic and Paralympic Athletes

REFERENCE F2019/03630 - D08221191

REPORT OF Lord Mayor, Councillor Bob Dwyer

3432

RESOLVED (Dwyer/Pandey)

That Council congratulate the Australian Olympic Committee, Paralympics Australia, and all the elite Olympic and Paralympic Australian Athletes on their success, tenacity, and integrity at the Tokyo 2020 Olympic and Paralympic Games.

8.2

SUBJECT #VaxTheNation Campaign

REFERENCE F2019/03630 - D08221197

REPORT OF Lord Mayor, Councillor Bob Dwyer

3433

RESOLVED (Dwyer/Davis)

That Council confirm its support of the #VaxTheNation campaign, registering as a campaign supporter, in recognition of Parramatta’s vibrant arts, culture and live entertainment sector and the role of Council’s own venues, events and artistic endeavours in our City’s cultural life.

Note: Councillor Wilson arrived at 6:40pm during consideration of Item 8.2.

8.3

SUBJECT 80th Anniversary of the sinking of HMAS Parramatta II

REFERENCE F2019/03630 - D08221210

REPORT OF Lord Mayor, Councillor Bob Dwyer

3434

RESOLVED (Dwyer/Tyrrell)

(a) That Council note Saturday, 27 November 2021 will be the 80^th anniversary of the sinking of HMAS Parramatta II and the lives lost.

(b) That Council note the Naval Association of Australia – Parramatta Memorial sub-Section will be hosting a memorial service to recognise the occasion, dependent on public health orders.

(c) That Council re-affirm its support for the Naval Association of Australia – Parramatta Memorial sub-Section, by providing event support through the Events & Festivals – Civic Program team.

(d) That Council note costs associated with the HMAS Parramatta II memorial event are part of the approved annual program delivered by the Events & Festivals – Civic Program team.

(e) Further, that Council officers investigate the damaged and out-of-date signage at the HMAS Parramatta memorial site and report back to the 11 October 2021 Council Meeting on the replacement or repair of these signs, including any associated costs, in recognition of this significant anniversary in November.

8.4

SUBJECT 200th Anniversary of Brislington House

REFERENCE F2019/03630 - D08222453

REPORT OF Lord Mayor, Councillor Bob Dwyer

3435

RESOLVED (Dwyer/Davis)

(a) That Council note that September 2021 marks the 200^th anniversary of the construction of Brislington house, the oldest existing dwelling house in the inner City of Parramatta.

(b) Further, that Council writes to the Brislington Medical & Nursing Museum in recognition of this anniversary.

8.5

SUBJECT Parramatta Mission's Meals Plus service

REFERENCE F2019/03630 - D08224687

REPORT OF Lord Mayor, Councillor Bob Dwyer

3436

RESOLVED (Dwyer/Tyrrell)

(a) That Council acknowledge and thank the community organisations, businesses, volunteers and Council staff who have provided additional support and services to the local community in recent weeks to support the customers of the Parramatta Mission Meals Plus service, who were impacted by their two-week temporary closure.

(b) That Council note a letter of thanks has been sent to Council from Mark Newton, CEO Parramatta Mission, in recognition of this support.

(c) Further, that Council officers prepare a list of community organisations that have provided support and services to the community through this recent Covid-19 lockdown, so Council can publicly recognise and thank them for their contributions and service in a future Lord Mayor Minute.

9. Public Forum

There were no public forums submitted to the meeting.

10. Petitions

There were no petitions tabled at this meeting.

11. Rescission Motions

Nil

12. Fair

12.1

SUBJECT FOR APPROVAL: Dates and Locations of Council Meetings for January to December 2022

REFERENCE F2021/00521 - D08184868

REPORT OF Governance Manager

MOTION (Tyrrell/Garrard)

(a) That Council adopt the schedule of Ordinary Council Meeting dates for 2022 as follows:

Date	Location
10 January 2022 First Meeting of New Council Term	To be confirmed
7 February 2022	St Patrick’s Cathedral
21 February 2022	St Patrick’s Cathedral
14 March 2022	St Patrick’s Cathedral
28 March 2022	St Patrick’s Cathedral
11 April 2022	St Patrick’s Cathedral
26 April 2022	St Patrick’s Cathedral
9 May 2022	St Patrick’s Cathedral
23 May 2022	St Patrick’s Cathedral
14 June 2022	St Patrick’s Cathedral
27 June 2022	St Patrick’s Cathedral
11 July 2022	St Patrick’s Cathedral
25 July 2022	St Patrick’s Cathedral
8 August 2022	5 Parramatta Square
22 August 2022	5 Parramatta Square
12 September 2022	5 Parramatta Square
26 September 2022	5 Parramatta Square
10 October 2022	5 Parramatta Square
24 October 2022	5 Parramatta Square
14 November 2022	5 Parramatta Square
28 November 2022	5 Parramatta Square
5 December 2022	5 Parramatta Square
12 December 2022	5 Parramatta Square

(b) That Council delegate authority to the Lord Mayor and Chief Executive officer to relocate Council Meetings as required, in the event that there are changes to the completion date for 5 Parramatta Square.

(c) Further, that notice be provided to the public of all Council Meetings in accordance with Part B, Section 3.5 of Council’s Code of Meeting Practice.

AMENDMENT (Prociv/Esber)

(a) That Council adopt the schedule of Ordinary Council Meeting dates for 2022 as follows:

Date	Location
10 January 2022 First Meeting of New Council Term	To be confirmed
7 February 2022	St Patrick’s Cathedral
21 February 2022	St Patrick’s Cathedral
14 March 2022	St Patrick’s Cathedral
28 March 2022	St Patrick’s Cathedral
11 April 2022	St Patrick’s Cathedral
26 April 2022	St Patrick’s Cathedral
9 May 2022	St Patrick’s Cathedral
23 May 2022	St Patrick’s Cathedral
8 August 2022	5 Parramatta Square
22 August 2022	5 Parramatta Square
12 September 2022	5 Parramatta Square
26 September 2022	5 Parramatta Square
10 October 2022	5 Parramatta Square
24 October 2022	5 Parramatta Square
14 November 2022	5 Parramatta Square
28 November 2022	5 Parramatta Square
5 December 2022	5 Parramatta Square
12 December 2022	5 Parramatta Square

(b) That the following Council meetings be located in ward based venues, subject to availability:

- 14 June 2022;

- 27 June 2022;

- 11 July 2022;

- 25 July 2022.

(c) That Council delegate authority to the Lord Mayor and Chief Executive officer to relocate Council Meetings as required, in the event that there are changes to the completion date for 5 Parramatta Square.

(d) Further, that notice be provided to the public of all Council Meetings in accordance with Part B, Section 3.5 of Council’s Code of Meeting Practice.

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

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

3437

RESOLVED (Tyrrell/Garrard)

(a) That Council adopt the schedule of Ordinary Council Meeting dates for 2022 as follows:

Date	Location
10 January 2022 First Meeting of New Council Term	To be confirmed
7 February 2022	St Patrick’s Cathedral
21 February 2022	St Patrick’s Cathedral
14 March 2022	St Patrick’s Cathedral
28 March 2022	St Patrick’s Cathedral
11 April 2022	St Patrick’s Cathedral
26 April 2022	St Patrick’s Cathedral
9 May 2022	St Patrick’s Cathedral
23 May 2022	St Patrick’s Cathedral
14 June 2022	St Patrick’s Cathedral
27 June 2022	St Patrick’s Cathedral
11 July 2022	St Patrick’s Cathedral
25 July 2022	St Patrick’s Cathedral
8 August 2022	5 Parramatta Square
22 August 2022	5 Parramatta Square
12 September 2022	5 Parramatta Square
26 September 2022	5 Parramatta Square
10 October 2022	5 Parramatta Square
24 October 2022	5 Parramatta Square
14 November 2022	5 Parramatta Square
28 November 2022	5 Parramatta Square
5 December 2022	5 Parramatta Square
12 December 2022	5 Parramatta Square

(c) Further, that notice be provided to the public of all Council Meetings in accordance with Part B, Section 3.5 of Council’s Code of Meeting Practice.

12.2

SUBJECT FOR APPROVAL: Extension of Term for Independent Audit Risk and Improvement Committee Members

REFERENCE F2021/00521 - D08197832

REPORT OF Risk & Audit Manager

3438

RESOLVED (Tyrrell/Garrard)

That Council extend the terms of the independent Audit Risk and Improvement Committee members, Dr Col Gellatly, Mark McCoy and Donna Rygate, for a six‑month period to 28 February 2022.

13. Accessible

Nil

14. Green

14.1

SUBJECT FOR APPROVAL: Sustainability Rebates and Small Grants Program

REFERENCE F2021/00521 - D08113591

REPORT OF Sustainability Officer Resource Recovery; Manager Sustainability & Waste

MOTION (Tyrrell/Esber)

(a) That Council agree to place the proposed Sustainability Rebates and Small Grants Program on public exhibition for 28 days from 14 September to 13 October for community notification and comment.

(b) That Council receive a subsequent report including the findings of the public exhibition, in order to approve the final Sustainability Rebates and Small Grants Program and its implementation.

(c) Further, that on the receipt of the subsequent report, Council nominate two (2) members from the Councillor Grants Committee to oversee the assessment process for the school environmental education grants portion of the overall Program.

AMENDMENT (Issa/Garrard)

That Council defer consideration of this matter to the next Council Meeting to provide clarification of Committee membership.

The motion was amended by the mover Councillor Tyrrell, which was accepted by Councillor Esber as seconder to the motion.

The amendment moved by Councillor Issa and seconded by Councillor Garrard was WITHDRAWN.

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

3439

RESOLVED (Tyrrell/Esber)

(b) That Council receive a subsequent report including the findings of the public exhibition, in order to approve the final Sustainability Rebates and Small Grants Program and its implementation.

(c) Further, that on the receipt of the subsequent report, that the report be provided to the Councillor Grants Committee to finalise the assessment process for the school environmental education grants portion of the overall Program.

15. Welcoming

Nil

16. Thriving

16.1

SUBJECT FOR NOTATION: Completion of Works on Private Land - Mural at 11 Brodie Street, Rydalmere

REFERENCE F2021/00521 - D08181902

REPORT OF Place Manager

3440

RESOLVED (Issa/Garrard)

That Council note the completion of works at 11 Brodie Street, Rydalmere (private land).

Note: Councillor Barrak requested that his name be recorded as having voted against the decision taken in this Item.

17. Innovative

Nil

18. Notices of Motion

18.1

SUBJECT NOTICE OF MOTION: Ban Property Developers from running for City of Parramatta Council

REFERENCE F2021/00521 - D08202609

FROM Councillor Davis

3441

RESOLVED (Davis/Bradley)

(a) That Council note:

1. Councils in NSW have an important role in land use planning and development approval;

2. Some Councils assess local development and are able to grant approval, with or without conditions, or refuse an application for development. Local planning controls regulate densities, height, external design and siting, building materials, open space provisions, and the level of developer contribution required to cover physical and/or community infrastructure costs arising from the proposed development;

3. In June 2021 the NSW Legislative Council voted to ban property developers from running for local Councils;

4. Property developers have a vested interest in planning decisions therefore allowing them to serve as local Councillors erodes the ability of Councils to make independent decisions on planning matters; and

5. Opposition to those working as, or close associates of, property developers, running to be elected to Council (property developer and close associate are as defined in the Electoral Funding Act 2018).

(b) Further, that Council:

1. Submit this motion in support of the adoption of a policy which prohibits property developers from holding office as local Councillors in NSW to the LGNSW Conference for consideration;

2. Write to the NSW Premier, NSW Opposition Leader, NSW Local Government Minister, NSW Shadow Local Government Minister, and Independent NSW Members for Sydney, Wagga Wagga and Lake Macquarie seeking their commitment to support the Local Government Amendment (Prohibition of Election of Property Developers) Bill 2021 which is currently before the parliament which seeks to prohibit property developers from holding office as local councillors in NSW.

18.2	SUBJECT NOTICE OF MOTION: Project Budgets in the Property and Place Division REFERENCE F2021/00521 - D08163309 FROM Councillor Wilson
	MOTION (Wilson/Garrard) (a) That Council advise the processes in place to ensure our major projects are scoped correctly and set up to be delivered on budget and on time. (b) Further, that Council advise the issues of scoping the major property projects (over $10M) and the changes in delivery schedules in our property projects over the last 10 years. AMENDMENT (Zaiter/Tyrrell) That Council advise the processes in place to ensure our major projects are scoped correctly and set up to be delivered on budget and on time and incorporate the lessons learned from past major projects which have gone above and beyond scope and budget. The amendment moved by Councillor Zaiter and seconded by Councillor Tyrrell on being put was declared CARRIED on the Lord Mayor’s Casting Vote. The amendment then became the motion. The motion moved by Councillor Zaiter and seconded by Councillor Tyrrell on being put was declared CARRIED.
3442	RESOLVED (Zaiter/Tyrrell) That Council advise the processes in place to ensure our major projects are scoped correctly and set up to be delivered on budget and on time and incorporate the lessons learned from past major projects which have gone above and beyond scope and budget.
	Note: Councillor Issa left the meeting at 7:42pm and returned at 7:47pm during consideration of Item 18.2.

19. Questions with Notice

19.1

SUBJECT QUESTION WITH NOTICE: Street Furniture in the Parramatta Local Government Area

REFERENCE F2021/00521 - D08201667

FROM Councillor Prociv

QUESTION

1. Was the tender for the Wooden Street Furniture in the Eastern End of Phillip St purchased and installed specifying particular type of wood and coating, e.g. – oiled, varnished etc.

2. Is consideration being given to using the same or similar type of Street Furniture in the Southern end of Phillip St.?

3. Was/is there an ongoing contract for the upkeep and maintenance in place for Street Furniture in the Parramatta LGA? If so for how long?

EXECUTIVE DIRECTOR, CITY ASSETS & OPERATIONS RESPONSE

1. The subject seats were installed as part of the Phillip St Upgrade (Stage 1) which was completed approximately 12 months ago. Spotted gum hardwood was the specified timber as this is highly durable timber. The leaching which has taken place is a normal process for any new timber and has now appeared to have resolved itself with the timber now “greyed off”. At this point the timber can be either re-oiled or be left to continue to age without compromising its durability.

2. For Stage 2 of the Phillip St Upgrade between Smith St and Charles St, the same style of seat will be used for consistency. Consideration will be given to using only kiln dried timbers with the majority of tannins being removed from the timber as part of the drying process. Kiln dried timber is significantly more expensive and will still have a small amount of tannins that will leach.

3. There is no service contract for the upkeep and maintenance of street furniture within the LGA. There is however an operational maintenance budget for works to be done on a programmed and as needs basis. To address any leaching or staining that may occur following the installation of new furniture in stage 2 of the project, we can also consider that high pressure cleaning of concrete and pavement surrounding the bench seating is included in the maintenance period of the construction contract. Very little leaching is likely to occur beyond this initial 6-12 month period.

19.1

SUBJECT QUESTION WITH NOTICE: Questions Taken on Notice from Council Meeting - 23 August 2021

REFERENCE F2021/00521 - D08198700

FROM Governance Manager

QUESTIONS TAKEN ON NOTICE FROM THE COUNCIL MEETING OF 23 AUGUST 2021

Item	Subject	Councillor	Question	Answer
20.4	Shop 7/4-14 Hunter Street, Parramatta – PARI – Request for Reduction in Rent	Prociv	What is the current rent being paid by the Parramatta Arts Society?	The Parramatta Art Society currently pay $3,272.73 per annum for Shop 6 which is inclusive of 129m2 and 1 car space.

20. CLOSED SESSION

3443

RESOLVED (Tyrrell/Bradley)

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

1 FOR NOTATION: Legal Status Report as at 31 July 2021. (D08164000) - This report is confidential in accordance with section 10A (2) (g) of the Local Government Act 1993 as the report contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

20.1

SUBJECT FOR NOTATION: Legal Status Report as at 31 July 2021

REFERENCE F2021/00521 - D08164000

REPORT OF Group Manager Legal Services

3444

RESOLVED (Tyrrell/Garrard)

That Council note the Legal Status Report as at 31 July 2021.

Note: The Lord Mayor, Councillor Dwyer left the meeting at 8:13pm and returned at 8:14pm during consideration of Item 20.1.

Procedural Motion

3445

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 8:21 pm.

THIS PAGE AND THE PRECEDING 11 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON MONDAY, 13 SEPTEMBER 2021 AND CONFIRMED ON MONDAY, 27 SEPTEMBER 2021.

Chairperson

Council 27 September 2021 Item 12.1

FAIR

ITEM NUMBER 12.1

SUBJECT FOR APPROVAL: Election of the Lord Mayor

REFERENCE F2021/00521 - D08184871

REPORT OF Governance Manager

workshop/briefing date: Nil

PURPOSE:

The purpose of this report is to outline the required procedure to elect a Lord Mayor for the remaining term of the current Council (to December 2021).

RECOMMENDATION

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

(b) That in the event that there be more than one (1) nomination, Council determine the method of voting, as outlined in paragraph 4 of this Report.

(d) Further, that Local Members, surrounding Councils and other key stakeholders be informed of the result of the election.

BACKGROUND

1. Mayoral elections must be held in September 2021 for Mayors elected in September 2019, when their two-year terms expire. The civic offices of all Mayors elected by Councillors will expire on election day, being 4 December 2021.

2. On 23 September 2019, Council resolved to elect Clr. Bob Dwyer as Lord Mayor for the remaining term of Council (to September 2020). Council is now required to elect a Lord Mayor for the remaining term of Council (to December 2021).

ISSUES/OPTIONS/CONSEQUENCES

3. The Chief Executive Officer is nominated as Returning Officer for the election of the Lord Mayor.

4. Traditionally, Council has conducted the election of the Lord Mayor by open means. However, Council may determine an alternative method of voting as follows:

a. Open voting (ie by show of hands);

b. Ordinary ballot (ie a secret ballot (place an “x” against the candidate of their choice);

c. Preferential ballot (ie place 1, 2, 3 etc against each candidate).

5. The election of the Lord Mayor will be conducted in accordance with Schedule 7 of the Regulations, and as outlined in the Fact Sheet issued by the Office of Local Government on the Election of Mayor and Deputy Mayors by Councillors (as attached to this report).

CONSULTATION & TIMING

Stakeholder Consultation

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

Date	Stakeholder	Stakeholder Comment	Council Officer Response	Responsibility
14 September 2021	All Councillors – Notice of the election of the Lord Mayor to Councillors	Nil	NA	NA

Councillor Consultation

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

Date	Councillor	Councillor Comment	Council Officer Response	Responsibility
Nil

LEGAL IMPLICATIONS FOR COUNCIL

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

FINANCIAL IMPLICATIONS FOR COUNCIL

9. There are no unbudgeted financial implications associated with the election of the Lord Mayor, other than those allocated for the conduct of an ordinary Council Meeting. These costs are provided for within Council’s current adopted budget.

10. The current remuneration payable to the Lord Mayor in the conduct of their duties is in the order of $112,520 (in accordance with the Local Government Remuneration Tribunal Annual Report and Determination dated 23 April 2021). The remuneration payable is provided for within Council’s current adopted budget.

	FY 21/22	FY 22/23	FY 23/24	FY 24/25
Revenue
Internal Revenue
External Revenue
Total Revenue	Nil

Funding Source

Operating Result
External Costs
Internal Costs
Depreciation
Other
Total Operating Result	Nil

Funding Source

CAPEX
CAPEX
External
Internal
Other
Total CAPEX	Nil

Patricia Krzeminski

Governance Manager

Richard Sheridan

Chief Financial Officer

Jillian Khoo

Executive Director Corporate Services

Brett Newman

Chief Executive Officer

Attachments:

1 ⇩	OLG Fact Sheet - Election of Mayor and Deputy Mayors by Councillors	6 Pages
2 ⇩	Nomination Form - Lord Mayor	1 Page

REFERENCE MATERIAL

Council 27 September 2021 Item 12.2

FAIR

ITEM NUMBER 12.2

SUBJECT FOR APPROVAL: Election of the Deputy Lord Mayor

REFERENCE F2021/00521 - D08184882

REPORT OF Governance Manager

workshop/briefing date: Nil

PURPOSE:

The purpose of this report is to outline the required procedure to elect a Deputy Lord Mayor for the remaining term of the current Council (to December 2021).

RECOMMENDATION

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

(b) That in the event that there be more than one (1) nomination, Council determine the method of voting, as outlined in paragraph 4 of this Report.

(d) Further, that Local Members, surrounding Councils and other key stakeholders be informed of the result of the election.

BACKGROUND

1. On 23 September 2020, Council resolved to elect Clr. Michelle Garrard as Deputy Lord Mayor for the ensuing 12 month period. As the current Depuity Lord Mayor’s term is coming to an end, Council may elect a Deputy Lord Mayor for the remaining term of this Council (to December 2021).

ISSUES/OPTIONS/CONSEQUENCES

2. The Chief Executive Officer is nominated as Returning Officer for the election of the Deputy Lord Mayor.

3. Traditionally, Council has conducted the election of the Deputy Lord Mayor by open voting. However, Council may determine an alternative method of voting as follows:

a. Open voting (ie by show of hands);

b. Ordinary ballot (ie a secret ballot (place an “x” against the candidate of their choice);

c. Preferential ballot (ie place 1, 2, 3 etc against each candidate).

4. The election of the Deputy Lord Mayor will be conducted in accordance with Schedule 7 of the Regulations, and as outlined in the Fact Sheet issued by the Office of Local Government on the Election of the Mayor and Deputy Mayor by Councillors (as attached to this report).

5. In accordance with section 249 of the Local Government Act 1993 (LG Act), Council may pay the deputy mayor (if there is one) a fee determined by the council for such time as the deputy mayor acts in the office of the mayor. The amount of the fee so paid must be deducted from the mayor’s annual fee.

6. Council may wish to determine a fee to pay to the Deputy Mayor at a later date, should leave of absence be sought and granted to the Lord Mayor during the term of office.

CONSULTATION & TIMING

Stakeholder Consultation

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

Date	Stakeholder	Stakeholder Comment	Council Officer Response	Responsibility
14 September 2021	All Councillors – Notice of the Election of Deputy Lord Mayor	Nil	NA	NA

Councillor Consultation

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

Date	Councillor	Councillor Comment	Council Officer Response	Responsibility
Nil

LEGAL IMPLICATIONS FOR COUNCIL

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

FINANCIAL IMPLICATIONS FOR COUNCIL

10. There are no unbudgeted financial implications associated with the election of the Lord Mayor, other than those allocated for the conduct of an ordinary Council Meeting. These costs are provided for within Council’s current adopted budget.

11. Section 249 of the LG Act provides that a Council may pay the deputy mayor (if there is one) a fee determined by the council for such time as the deputy mayor acts in the office of the mayor. The amount of the fee so paid must be deducted from the mayor’s annual fee.

12. Historically, Council has not determined a fee to be paid to the Deputy Lord Mayor for such times as they act in the office of the Lord Mayor. However, should Council wish to consider determining a fee to be paid to the Deputy Lord Mayor for times when they act in the office of the Lord Mayor, the fee can be determined at a time when leave of absence is sought and granted to the Lord Mayor during the term of office.

	FY 21/22	FY 22/23	FY 23/24	FY 24/25
Revenue
Internal Revenue
External Revenue
Total Revenue	Nil

Funding Source

Operating Result
External Costs
Internal Costs
Depreciation
Other
Total Operating Result	Nil

Funding Source

CAPEX
CAPEX
External
Internal
Other
Total CAPEX	Nil

Patricia Krzeminski

Governance Manager

Richard Sheridan

Chief Financial Officer

Jillian Khoo

Executive Director Corporate Services

Brett Newman

Chief Executive Officer

Attachments:

1 ⇩	Fact Sheet - Election of Mayor and Deputy Mayor by Councillors	6 Pages
2 ⇩	Nomination Form - Deputy Lord Mayor	1 Page

REFERENCE MATERIAL

Council 27 September 2021 Item 12.3

FAIR

ITEM NUMBER 12.3

SUBJECT FOR NOTATION: Investment Report for August 2021

REFERENCE F2021/00521 - D08214535

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 August 2021.

RECOMMENDATION

That Council receive the Investment Report for August 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 Local Government (General) Regulation 2005 and Council’s Investment Policy.

ISSUES/OPTIONS/CONSEQUENCES

Investment Portfolio Summary

3. The investment portfolio closing balance as at 31 August 2021 was $554.1m. The average portfolio holdings held throughout the month was $536.2m.

4. The majority of Council’s investment portfolio is in term deposits (58%). 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 August 2021:

Table 1: Summary of investment portfolio

Performance Summary

7. Investment performance for the month. The investment portfolio reported an annualised return of 1.70% in August, outperforming the AusBond Bank Bill Index benchmark by 168 basis points. The LTGF (1.87% return for the month) and Councils Floating Rate Notes (FRN’s) (1.59% 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 August 2021, year-to-date investment income was $2.03m, exceeding the year to date budget by approximately $912k. The outperformance is primarily due to the LTGF (1.87% actual for the month), equating to approximately $564k in additional Capitalised interest income.

Table 3: Year-to-date cumulative interest income

Performance by Investment Type

Floating rate notes (FRNs)

10. Council’s senior FRNs made up around 10% of the total investment portfolio at month-end. The market value of Councils FRNs marginally feel by approximately -0.01% equating to approximately -$6.4k in dollar terms.

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

11. Council’s 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). At month-end, Councils FRNs are now marked at an unrealised capital gain of $634k.

13. On a mark-to-market basis, BBB FRNs collectively rose by approximately $2.5k in dollar terms for the month, or 0.01%. At month end these FRN’s, are now marked at an unrealised capital gain of approximately $173k.

Table 5: Floating rate note investments (BBB rated)

Northern Territory Treasury Corporation senior bonds (NTTC bonds)

14. NTTC bonds comprise 4% ($24m) of Council’s investment portfolio and are yielding between 0.80% and 1.30% for two- to five-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.

During August, Council purchased $600k of the newly issued 5 year ING AAA rated Cover fixed bond yielding 1.16% per annum. This considered an attractive yield given the superior-superior and highly ranked asset.

Term deposits

15. Term Deposits account for around 58% of the total investment portfolio. Council’s term deposit portfolio was yielding 1.27% p.a. at month-end, with a weighted-average duration of around 554 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.

To illustrate the strong yield of Councils term deposit portfolio, current market leading offers range from 0.35% to 1.40%, with the higher end representing durations of 5 years or longer. Current market 1-2 year rates are sitting at around 0.35% to 0.60% for major institutions.

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 0.80%, especially if placed under durations of around three years.

TCorp Long Term Growth Fund

17. The TCorp Long Term Growth Fund accounts for around 5.5% of Council’s total investment portfolio. The fund returned 1.87% actual for the month, or 24.3% annualised, as both domestic and international markets continued their positive momentum.

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 with the Delta variant resulting in temporary lockdowns both domestically and abroad, halting the speed of economic recovery.

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

CFS Global Credit managed fund

20. This fund accounts for around 2.5% of Council’s total investment portfolio. The fund returned 0.06% actual in August, as the market valuation of the fund’s assets in global credit securities (FRNs and bonds) 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% and is a strong compared to cash, FRN’s and Term deposits.

Cash-at-call

22. Cash-at-call makes up approximately 20% 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. The holdings in this fund ($107m) are much higher than usual in preparation of potential $60m property purchases in early September 21.

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. Overall, the portfolio remains well diversified from a maturity perspective, with around 28% of assets directed to medium term (2-5 years). Capacity remains in the medium term horizon, where advisors believe the most attractive yield can be found.

Table 8: 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. $59m capacity in BBB+/unrated institutions.

Graph 1: 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 ($’000)

Overweight ($’000)

Reason

Compliance Date

Q Bank

1,000

1,004

This is technically NOT a breach of counterparty limits. Funds placed prior to current investment policy and are considered "grandfathered".

This will be brought back into compliance with new policy by the end of 2021 as $500k matures on 14 December 2021.

14 Dec 2021

Judo Bank

250

1,000

750

This is technically NOT a breach of counterparty limits. Funds placed prior to current investment policy and are considered "grandfathered".

This will be brought back into compliance with the new policy by 26 September 2022.though the maturing of TDs.

26 Sept 2022

27. None of the counterparties listed in the table above are in technical breach of counterparty limits due to ‘grandfathering’ of these investments prior to the current investment policy. However, these are listed above in order to provide full transparency around when Council expects all ‘grandfathered’ counterparties to be brought back into compliance with the new investment policy.

28. Fossil Fuel Investments (FFI) Based on balances as at 31 August 21, approximately 85% of the portfolio has some form of FFI exposure. Council has approximately $291m invested in the four major Institutions AA- (CBA, NAB, and Westpac & ANZ) all of which have exposure to FFI. Divestment from these majors would increase Councils risk profile and leave a smaller sub sector of banks available for investment. Apart from potential loss of investment income, divestment from FFI institutions may be contrary to Councils primary objective to preserve capital. Finance are currently in discussions with Councils advisors (Imperium Markets) to identify green friendly opportunities as they become available. Further commentary is available in the Imperium Comprehensive Report for August 21 on page 13.

29. Council engage Imperium Markets for assistance in all investment matters relating to advice, risk and portfolio weighting. Imperium monitor the portfolio daily and conduct a monthly health check review. This confirms that Council’s portfolio is being conducted in accordance with the Act, the Regulation and the Investment Policy.

Certification of Investments

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

Richard Sheridan, Chief Financial Officer.

CONSULTATION & TIMING

Stakeholder Consultation

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

Date

Stakeholder

Stakeholder Comment

Council Officer Response

Responsibility

31 August 2021

Imperium Markets

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

Refer Imperium Comprehensive Report

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

Richard Sheridan

Chief Financial Officer

Bruce MacFarlane

Treasury & Tax Accountant

Councillor Consultation

32. 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

33. Interest income as at 31 August 2021 exceeded the financial year to date investment interest budget by approximately $912k. This outperformance is attributed to the TCorp Long Term Growth Fund, which has exposure to foreign and domestic shares. This fund aligns to movements in the equity market and after a long period of 15-20% gains which is well above the long-term view of equity market of 5-8% it is likely to be volatile in the short term, and the investment interest forecast will be further analysed at the September 21 quarterly review.

Bruce MacFarlane

Tax and Treasury Accountant

Richard Sheridan

Chief Financial Officer

Jillian Khoo

Executive Director Corporate Services

Brett Newman

Chief Executive Officer

Attachments:

1 ⇩	Investment and Loans Performance Graph August 2021.pdf	1 Page
2 ⇩	List of Council Investments by maturity August 2021.pdf	8 Pages
3 ⇩	Imperium Comprehensive Investment Report - Aug 21.pdf	35 Pages

REFERENCE MATERIAL

Council 27 September 2021 Item 12.4

FAIR

ITEM NUMBER 12.4

SUBJECT FOR NOTATION: Minutes of Audit Risk and Improvement Committee Meeting held on 20 May 2021

REFERENCE F2021/00521 - D08204439

REPORT OF Coordinator Internal Audit

PURPOSE:

The Audit Risk and Improvement Committee (ARIC) met on 20 May 2021 and this report provides a summary of the key discussion points of the meetings for Council’s notation.

RECOMMENDATION

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

BACKGROUND

1. Council’s Audit Risk and Improvement Committee (ARIC) comprises of members appointed by the Council. The members of the ARIC currently include two (2) Councillors and three (3) independent external members.

2. The Chief Executive Officer, Council’s Auditors and other Council Director(s) and Manager(s) are invited to attend the ARIC meetings as observers. This approach is consistent with the Internal Audit Guidelines issued by the Office of Local Government (then Division of Local Government) in September 2010.

3. The ARIC meets five (5) times a year with four (4) ordinary meetings and one (1) special meeting to consider Council’s audited Annual Financial Reports.

4. Under the ARIC’s Charter, all meeting minutes are required to be reported to Council. This report provides both a full copy of the minutes and a summary of the key discussion points of the ARIC meeting held on 20 May 2021.

5. The ARIC meetings are currently held remotely in compliance with Office of Local Government (OLG) guidance on attendance by Councillors and others at committee meetings during the COVID-19 pandemic.

ISSUES/OPTIONS/CONSEQUENCES

6. Matters arising and action items from minutes of previous meetings were presented.

7. The Director Property & Place provided updates on the Parramatta Square projects which are 3PS, 4PS, 5 & 7PS, 6 & 8PS and the Public Domain, and an update on Parramatta Square risks and Aquatic and Leisure Centre status.

8. The interim MPAC chairperson provided an update on MPAC activities, which included the Aquatic and Leisure Centre tender process.

9. The Head of IT provided a Cyber Security update including the Execution Framework that protects, detects and responds to external cyber risks.

10. The Acting Internal Ombudsman provided an overview of the activities that were undertaken by the Internal Ombudsman Shared Service (IOSS) with City of Parramatta in the period from 1 May 2020 to 30 April 2021, including:

a. Summary of the complaints received, and advice provided

b. Summary of the investigations conducted

c. Education activities conducted

d. Probity advice provided

e. Policy review and development

f. Promotion and media activities

g. Code of conduct matters

h. Trends identified in matters reviewed or investigated

11. The March 2021 YTD Finance Report which had been reviewed and approved by the Exec and Finance Committees was presented by the Executive Director Corporate Services and was noted by the Committee.

12. An update on Integrated Planning and Reporting was provided by the Corporate Strategy Manager.

13. The Committee received and noted on the updated report of Council’s involvement in current work to reassess and develop strategies for the management of James Hardie Asbestos Legacy sites in the City of Parramatta LGA.

14. The Audit Office of NSW provided an update on audit activities and the timing of the interim audit. It was advised that the Auditor General Report on Local Government 2020 would shortly be available.

15. An update of the status of the 2020/2021 Internal Audit Program was provided to the Committee. The following audits were awaiting management responses:

a. Complaints Management

b. Voluntary Planning Agreements

c. Procurement and Contract Management

d. Key Financial Systems Controls

An update was provided on the status of implementation of outstanding audit recommendations. The status of both external and internal audit recommendations is now included.

16. The Coordinator Internal Audit advised that the 3 Year Audit Plan is due to be reviewed by the Executive Team and the CEO.

17. The Risk & Audit Manager informed the Committee that the tender for provision of Internal Audit Services for the 3 years to June 2024 will close on 29 May 2021.

18. The Corporate Services Management Report presented to the Executive Team on 20 April 2021 was included for information purposes only.

CONSULTATION & TIMING

Stakeholder Consultation

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

Date	Stakeholder	Stakeholder Comment	Council Officer Response	Responsibility
30 July 2021	Risk & Audit Manager and Executive Director Corporate Services	No comment	Referred draft minutes to ARIC Chair	Risk & Audit / Corporate Services Coordinator Internal Audit
5 August 2021	Chairperson of ARIC	Approved	Referred approved draft minutes to ARIC	Risk & Audit / Corporate Services Coordinator Internal Audit
19 August 2021	Audit, Risk and Improvement Committee (ARIC)	No feedback received from committee members	Chairperson approved minutes accepted as final.	Risk & Audit / Corporate Services Coordinator Internal Audit

Councillor Consultation

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

Date	Councillor	Councillor Comment	Council Officer Response	Responsibility
Nil

LEGAL IMPLICATIONS FOR COUNCIL

21. There are no legal implications associated with this report.

FINANCIAL IMPLICATIONS FOR COUNCIL

22. There are no financial implications associated with this report.

	FY 21/22	FY 22/23	FY 23/24	FY 24/25
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

Steven Unkovic

Coordinator Internal Audit

Bruce Ferguson

Risk & Audit Manager

Richard Sheridan

Chief Financial Officer

Jillian Khoo

Executive Director Corporate Services

Brett Newman

Chief Executive Officer

Attachments:

1 ⇩

ARIC Meeting 20 May 2021 Minutes

8 Pages

REFERENCE MATERIAL

Council 27 September 2021 Item 12.5

FAIR

ITEM NUMBER 12.5

SUBJECT FOR APPROVAL: Interaction between Councillors and Staff Policy

REFERENCE F2021/00521 - D08202153

REPORT OF Governance Manager

workshop/briefing date: Policy Advisory Committee Meetings 22 April, 20 July and 24 August 2021

PURPOSE:

The purpose of this report is to seek Council’s approval of the revised Interaction between Councillors and Staff Policy.

RECOMMENDATION

That Council adopt the revised Interaction between Councillors and Staff Policy.

BACKGROUND

1. On 22 February 2021, Council resolved to adopt the revised Model Code of Conduct and Procedures for the Administration of the Model Code of Conduct, and resolved to establish a Policy Advisory Committee to review all policies that underpin Council’s governance framework, and any other policy that requires Council approval.

2. A vast range of governance policies were reviewed by the Committee at meetings held March, April and May and Council subsequently resolved to adopt those policies on 15 June 2021. Policies adopted at the time include:

a. Governance Framework

b. Fraud and Corruption Prevention Policy

c. Complaints Handling Policy

d. Gifts and Benefits Policy

e. Affixing the Council Seal Policy

f. Webcasting Policy

g. Business Ethics Policy

h. Public Interest Disclosures Policy

i. Councillors Workshop & Briefing Policy

j. Legislative Compliance Policy.

3. The Interaction between Councillors and Staff Policy (Interaction Policy) was deferred at that time, noting that the Office of Local Government (OLG) had released a draft Model Interaction Policy for consultation. Council officers subsequently aligned Council’s draft Interaction Policy with the draft from the OLG, and presented the revised draft to the Policy Advisory Committee for comment.

4. This report presents the final revised draft Interaction Policy to Council for adoption.

ISSUES/OPTIONS/CONSEQUENCES

5. The revised Interaction Policy is largely aligned to the OLG’s draft Model Councillor and Staff Interaction Policy. It provides a framework for Councillors when exercising their civic functions by specifically addressing their ability to interact with, and receive advice from, authorised staff. The Interaction Policy aims to facilitate a positive working relationship between Councillors and staff. It provides direction on interactions between Councillors and staff to assist both parties in carrying out their day to day duties professionally, ethically and respectfully.

6. The Interaction Policy outlines:

a. principles, roles and responsibilities

b. the Councillor Request System

c. access to Council staff

d. Councillor Access to Council Buildings

e. appropriate and inappropriate interactions; and

f. authorised staff contacts for Councillors.

7. The Interaction Policy provides the Chief Executive Officer discretion to update the authorised staff contacts for Councillors list from time to time to meet organisation and operational needs.

8. The Interaction Policy does not provide specific service measures in responding to Councillor inquiries, but references Council’s Process for Responding to Councillor Information Requests which may be reviewed and updated from time to time.

9. The Interaction Policy aims to establish positive, effective and professional working relationships to ensure that Councillors are able to fulfil their statutory roles. In addition, it intends to maintain transparent decision making and good governance arrangements, ensure that Council’s reputation is enhanced by consistent, professional and positive interactions between Councillors and staff and provide a clear and consistent framework through which any potential breaches of the Policy will be managed, in accordance with Council’s adopted Code of Conduct.

10. A copy of the revised Interaction Policy is attached to this report.

CONSULTATION & TIMING

Stakeholder Consultation

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

Date	Stakeholder	Stakeholder Comment	Council Officer Response	Responsibility
16/10/2020	Policy provided to IOSS, Risk, Councillor Support for comment	General agreement with the Policy	NA	NA
5/11/2020	Policy provided to Leadership Team for comment	General agreement with the Policy	NA	NA
20/1/2021	Policy provided to ET for endorsement	General agreement with the Policy	NA	NA

Councillor Consultation

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

Date	Councillor	Councillor Comment	Council Officer Response	Responsibility
22/2/2021	Council Meeting	Defer consideration of governance related policies to newly established Policy Advisory Committee	Noted.	Governance
20/4/2021	Policy Advisory Committee	Recommended Policy incorporate hybrid document aligned to agreed service measures	Noted. Policy revised to align with the draft Model Policy released by OLG.	Governance
20/7/2021	Policy Advisory Committee	Recommended Policy to reference agreed SLAs, provision of Executive Director approval to give alternate contacts as required and expand list that Councillors may contact	Agreed. Policy updated to reflect recommendation.	Governance
24/8/21	Policy Advisory Committee	Recommended Policy be reported to Council for approval	Noted.	Governance

LEGAL IMPLICATIONS FOR COUNCIL

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

FINANCIAL IMPLICATIONS FOR COUNCIL

14. There are no unbudgeted financial implications for Council associated with this report. The staff costs in reviewing the policy are provided for within existing adopted operating budgets.

	FY 21/22	FY 22/23	FY 23/24	FY 24/25
Revenue
Internal Revenue
External Revenue
Total Revenue	Nil

Funding Source

Operating Result
External Costs
Internal Costs
Depreciation
Other
Total Operating Result	Nil

Funding Source

CAPEX
CAPEX
External
Internal
Other
Total CAPEX	Nil

Patricia Krzeminski

Governance Manager

Richard Sheridan

Chief Financial Officer

Jillian Khoo

Executive Director Corporate Services

Brett Newman

Chief Executive Officer

Attachments:

1 ⇩	Revised Draft Interaction between Councillors and Staff Policy	13 Pages
2 ⇩	Revised Draft Interaction between Councillors and Staff Policy - Marked Up	18 Pages

REFERENCE MATERIAL

Council 27 September 2021 Item 12.6

FAIR

ITEM NUMBER 12.6

SUBJECT FOR APPROVAL: Public Exhibition of Draft Councillors' Expenses and Facilities Policy

REFERENCE F2021/00521 - D08216125

REPORT OF Executive Officer

workshop/briefing date: Policy Advisory Committee meetings on 31 May, 29 June and 20 July 2021.

PURPOSE:

This report seeks the endorsement of Council to publicly exhibit the draft Councillors’ Expenses and Facilities Policy.

RECOMMENDATION

(a) That Council approve the attached draft Councillors’ Expenses and Facilities Policy at Attachment 1 for the purposes of public exhibition.

(b) That the draft Policy be placed on exhibition for a minimum period of 28 days.

(c) Further, that following public exhibition, the Councillors’ Expenses and Facilities Policy, together with a summary of submissions and any further revisions, be referred back to Council for consideration.

BACKGROUND

1. Under the Local Government Act 1993 (the Act), City of Parramatta Council (Council) is required to prepare, exhibit and adopt a policy governing the payment of expenses and provision of facilities to the Lord Mayor and Councillors.

2. Once exhibited and adopted, the policy must be made publicly available on Council’s website.

ISSUES/OPTIONS/CONSEQUENCES

3. The policy has been reviewed and changes have been proposed to ensure that the Policy is:

a. Fit for purpose and effectively supports Councillors’ in fulfilling their civic duties, in line with community expectations.

b. Reflects established Council practices not previously documented in the Policy and improves its practical applications.

c. Reflects key learnings gained from Councillors, Council officers and the community throughout the current Council term.

d. Remains up to date with regulations, policy benchmarking and advice received from the Office of Local Government.

4. Consultation has been undertaken with Councillors, the Office of Local Government and a cross section of Council teams. A bench-marking exercise was also undertaken against the Office of Local Government’s Better Practice Template and several expenses and facilities policies of NSW councils including, but not limited to, the City of Sydney, Canterbury Bankstown City Council, Inner West Council, Cumberland City Council, Liverpool City Council, City of Newcastle and Wollongong City Council.

5. Changes proposed as a result of the review are summarised in the table at Attachment 2, and include updates to key support provisions including:

a. Updated provisions to allow for a hybrid model for the issue or purchase of Councillor ICT equipment.

b. Updated Councillor professional development provisions to improve transparency and accountability.

c. Updated approval provisions throughout the policy to improve transparency and accountability.

d. Additional provisions documenting the established practice of issuing Council event or function tickets, and update approval provisions for Councillor and accompanying person attendance at non-Council functions and events where a cost is involved.

e. Clarifying administrative support provisions, including revising postage provisions to be through Council’s mail services system.

f. Clarifying equipment ownership provisions for items purchased or reimbursed by Council under the policy.

g. Updated reimbursement of legal expenses provision in relation to Code of Conduct investigations to improve clarity.

6. While Council is required to prepare, exhibit, and adopt a policy governing the payment of expenses and provision of facilities to Councillors in the first year of a new Council term, undertaking a review of the Policy prior to the 2021 local government election reduces risk to Council by clarifying support provisions and setting clear expectations for both Councillors and staff from the commencement of a new Council term.

7. Additionally, the updates to the policy seek to reduce risk by responding to key learnings, operational needs and improve language to ensure the consistent application of the policy in supporting the Lord Mayor and Councillors.

CONSULTATION & TIMING

Stakeholder Consultation

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

Date	Stakeholder	Stakeholder Comment	Council Officer Response	Responsibility
April 2021	Office of Local Government	Provision of OLG Better Practice Template and provision of advice regarding event ticketing requirements	Feedback incorporated into review and language clarified throughout policy.	Executive Support
5/5/2021	ICT Team	Feedback provided on the updates to the policy’s ICT provisions and proposed changes	Feedback incorporated into review and language clarified in ICT provisions	Executive Support
6/5/2021	Governance Team	Questions raised on definitions, references to the Code of Conduct, approval processes and wording of ICT provisions	Questions were answered with language clarified throughout policy.	Executive Support
6/5/2021	Leadership Team	Questions raised on administrative support provisions, event invitations and ticketing, and legal provisions.	Questions were answered with language clarified in the policy on support provisions including meeting room access.	Executive Support
May 2021	Executive Team	Approval received from ET to proceed to Policy Advisory Committee	Questions were answered and language clarified throughout policy.	Executive Support
July 2021	Business Information Services	Advice provided on postage cost comparison of mail issued through Council’s mail room services compared to individual stamp allocations	Advice provided to Councillors at July 2021 PAC meeting	Executive Support
August 2021	Office of Local Government	Advice provided on proposed revision to legal reimbursement provisions to ensure adherence with the Act, and OLG guidelines	Policy language clarified for legal reimbursement provisions on occasions where a Code of Conduct investigation is withdrawn or closed without an adverse finding	Executive Support

Councillor Consultation

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

Date	Councillor	Councillor Comment	Council Officer Response	Responsibility
31/5/2021	Policy Advisory Committee Meeting	Questions raised and feedback provided on ICT provisions, focused on retaining provisions to individually purchase devices and seek reimbursement	Questions were answered and ICT provisions were amended to include the option to reimburse Councillors for individually purchase devices to a value equitable to the value of devices issued by Council, with edits reported back to the June PAC meeting	Executive Support
25/6/2021	All Councillors	Provision to all Councillors of the updated draft policy prior to June PAC Meeting	No additional feedback received	Executive Support
29/6/2021	Policy Advisory Committee Meeting	Questions raised and feedback provided on expense approvals, reimbursement to Council, professional development, legal assistance, postage, and return of equipment provisions	Questions answered with further edits and advice reported back to the July PAC meeting	Executive Support
20/7/2021	Policy Advisory Committee Meeting	Feedback provided with questions raised on legal reimbursement provisions and capacity for pro-rata valuations on instances where Councillors contribute personally to equipment costs	Further advice sought from OLG on legal reimbursement provisions prior to finalisation of the draft Policy, and language clarified to allow for pro-rata valuations	Executive Support
27/08/2021	Policy Advisory Committee Members	Provision to PAC members the updated draft Policy incorporating the final changes requested at the July PAC meeting	NA	Executive Support

LEGAL IMPLICATIONS FOR COUNCIL

10. There are no new legal implications for Council as a result of the Policy review. Proposed changes align with the requirements of the Local Government Act 1993, the Local Government Regulation 2005 and the guidelines for the payment of expenses and provision of facilities for mayors and councillors in NSW as set out by the Office of Local Government.

FINANCIAL IMPLICATIONS FOR COUNCIL

11. If Council resolves to approve this report in accordance with the proposed resolution, there are no unbudgeted financial implications for Council’s budget.

12. The proposed policy updates reflect a series of established practices already being carried out within existing budgets, and the initial costs for the provision of ICT equipment to Councillors on the commencement of a new Council term has been accounted for in the forecasted Councillor Support budget for 2021/22.

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

	FY 21/22	FY 22/23	FY 23/24	FY 24/25
Revenue
Internal Revenue
External Revenue
Total Revenue

Funding Source

Operating Result
External Costs
Internal Costs
Depreciation
Other
Total Operating Result	Nil

Funding Source

CAPEX
CAPEX
External
Internal
Other
Total CAPEX	Nil

Bronwyn Pullen

Executive Officer

Richard Sheridan

Chief Financial Officer

Justin Mulder

Chief of Staff

Brett Newman

Chief Executive Officer

Attachments:

1 ⇩	DRAFT Councillors Expenses and Facilities Policy August 2021	23 Pages
2 ⇩	Summary of Proposed Changes - Councillors' Expenses and Facilities Policy - August 2021	4 Pages

REFERENCE MATERIAL

Council 27 September 2021 Item 12.7

FAIR

ITEM NUMBER 12.7

SUBJECT FOR APPROVAL: 2021 Local Government NSW Annual Conference

REFERENCE F2021/00521 - D08216153

REPORT OF Executive Officer

workshop/briefing date: Nil

PURPOSE:

This report seeks the appointment of Councillors as the voting delegates for the 2021 Local Government NSW online Annual Conference and Board Election.

RECOMMENDATION

(a) That Council nominate up to ten (10) Councillors to be Council’s voting delegates for the 2021 Local Government NSW online Annual Conference, being held on 29 November 2021.

(b) That Council nominate up to nine (9) Councillors to be Council’s voting delegates for the 2021 Local Government NSW Board Elections, to be held by postal vote between 27 October and 24 November 2021.

(c) Further, that Council note the 2021 Local Government NSW Annual Conference is being delivered in a split format due to current Covid-19 restrictions and the postponement of the local government elections as outlined in the report background.

BACKGROUND

1. Due to ongoing Covid-19 restrictions and the postponement of NSW local government elections, Local Government NSW (LGNSW) has advised that the 2021 LGNSW Annual Conference will now be split into two components (Attachment 1):

a. A one-hour Annual Conference for the adoption of standing orders, along with reports from the President and Treasurer, conducted online from 9.30am on Monday 29 November 2021; and

b. A Special Conference including the debate and resolution of motions, setting the LGNSW advocacy agenda for 2022, and a number of keynote speakers, to be held in-person at the Hyatt Regency Sydney from Monday 28 February to Wednesday 2 March 2022.

2. Registration to the online Annual Conference on Monday 29 November is free, and any Councillor wishing to be registered should contact Councillor Support.

3. On 7 September 2021, LGNSW and the Australian Electoral Commission also gave formal notice of the LGNSW Board Election 2021 (Attachment 2), and confirmation that the ballot, if required, will be undertaken via postal ballot, opening on 27 October and closing at 10am (AEDT) on 24 November 2021.

ISSUES/OPTIONS/CONSEQUENCES

4. Separate from Conference registration, member councils must advise LGNSW of the name(s) of their nominated voting delegates for both the Annual Conference and LGNSW Board election by 5pm (AEDT) on Tuesday 5 October 2021.

5. The formula for calculating Member Councils’ voting entitlements is prescribed at rule 23 of the LGNSW (federal) rules, with City of Parramatta entitled to ten (10) voting delegates for Conference Business, and nine (9) voting delegates for the Board election (Attachment 1).

6. All voting delegates for Conference Business must be registered to attend the Conference and be registered as a nominated voting delegate.

7. This report calls for Councillors to confirm Council’s voting delegates for the online Annual Conference and LGNSW Board Election 2021. Executive Support will then provide the names of Council’s voting delegates to LGNSW.

8. A further report will be tabled to a future Council meeting regarding the motions and voting delegates for the Special Conference being held from 28 February to 2 March 2022.

CONSULTATION & TIMING

Stakeholder Consultation

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

Date	Stakeholder	Stakeholder Comment	Council Officer Response	Responsibility
12/7/2021	Cr Linda Scott, LGNSW President	Official invitation to Councils to attend LGNSW Annual Conference	Circulated to all Councillors	Executive Officer / Executive Support Unit
19/8/2021	Cr Linda Scott, LGNSW President	LGNSW Weekly Newsletter providing format update due to ongoing Covid-19 restrictions and postponement of local government election	Updated letter of invitation circulated to all Councillors	Executive Officer / Executive Support Unit

Councillor Consultation

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

Date	Councillor	Councillor Comment	Council Officer Response	Responsibility
16/7/2021	All Councillors	Formal notification of Conference dates inviting Councillors to advise of their interest to attend and propose motions for Council’s consideration	NA	Executive Officer / Executive Support Unit
31/8/2021	All Councillors	Notification to Councillors of new split format and dates for Council to advise of attendees, voting delegates and proposed motions for debate	NA	Executive Officer / Executive Support Unit
7/9/2021	All Councillors	Notification to Councillors of LGNSW Board Election 2021 Election Notice	NA	Executive Officer / Executive Support Unit

LEGAL IMPLICATIONS FOR COUNCIL

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

FINANCIAL IMPLICATIONS FOR COUNCIL

12. If Council resolves to approve this report in accordance with the proposed resolution, there are no unbudgeted financial implications for Council’s budget.

Bronwyn Pullen

Executive Officer

Justin Mulder

Chief of Staff

Richard Sheridan

Chief Financial Officer

Brett Newman

Chief Executive Officer

Attachments:

1 ⇩	August 2021 Letter of Invitation - LGNSW Annual Conference	10 Pages
2 ⇩	2021 LGNSW Board Election - AEC Election Notice	1 Page

REFERENCE MATERIAL

Council 27 September 2021 Item 12.8

FAIR

ITEM NUMBER 12.8

SUBJECT FOR APPROVAL: Proposed extension of current COVID Relief Package

REFERENCE F2021/00521 - D08220051

REPORT OF Acting Senior Project Officer

workshop/briefing date: Nil

PURPOSE:

To propose an extension to 26 November 2021 of the COVID Relief Package endorsed on 26 July 2021.

RECOMMENDATION

(a) That Council approve the extension of ten action items (1(c) i.-x.) previously endorsed on the 26 July 2021, for a further three months until 31 December 2021:

i. (F1) Waiver of interest on late rate payments - The Council will waive interest on late payments for Council rates, where ratepayers satisfy the hardship criteria (as set out in the Rates Hardship Policy).

ii. (F2) Payment Plans for Late Rate Payments - The Council will put in place payment plans for late payments for Council Rates, where ratepayers are suffering financial hardship and satisfy the hardship criteria (as set out in the Rates Hardship Policy).

iii. (F3) 7-day Payment of Goods – The Council will reintroduce 7-day payment processing periods for local small and medium suppliers of goods.

iv. (F5(a)) Waiver of License and Hire Fees - The Council will waive pre-paid and ongoing licence and hire fees for outdoor dining, food stalls, temporary premises, and non-commercial advertising.

v. (F5(b)) Waiver of License and Hire Fees – The Council will waive pre-paid and ongoing licence and hire fees for community halls, parks, and community venues.

vi. (F5(c)) Waiver of Outdoor Dining Fees - License and Approvals – The Council will waive the licence and approval fees for outdoor dining licences across the LGA, including Parramatta Square.

vii. (F6) On Street Parking – The Council will put in place a range of measures to provide grace periods and cautions for time limited on street parking spaces; however, Council will continue to enforce illegal parking to ensure public safety and turnover for short stay parking to support local businesses. Council will also reduce and change time limits in a number of local on street parking locations to facilitate takeaway services, support local business and hospital staff. These measures will remain in place until occupancy reaches 80% of 2019’s vehicle volumes or at Councils discretion.

viii. (F7a) Waiver of Rents – The Council will waive all rents for Council owned assets which are occupied by community groups, essential services and not for profit organisations.

ix. (F7b) Waiver of Rents – Affordable Housing Dwellings - The Council will provide rent relief for tenants of City of Parramatta Council’s Affordable Housing Dwellings, if tenants qualify for financial hardship and a request is made for rent reduction.

x. (H3) Evening Lighting Trial of Council’s sportsgrounds - That Council implement a park night lighting trial across the entire Local Government Area.

(b) Further, that Council notes the State Government’s intention to provide $250,000 to Council to contribute to on-the-ground emergency relief efforts in relation to the impacts of COVID-19, and resolves that to meet required timeframes, expenditure of these funds will occur in one of the following ways:

i. Through existing procurement policy and financial delegations; and/or

ii. Via delegated authority to the Executive Director of Community Services to award ad-hoc grants, under the Community Capacity Building category of the Community Grants program, where grants are directly related to emergency relief provision as a result of lockdown restrictions.

BACKGROUND

1. On Monday 26 July 2021, Council resolved (in summary) to:

Note the progress of the COVID-19 Community Resilience and Economic relief Package initially adopted 7 April 2020 (revised and adapted by Council resolution on the 9 June 2020, 13 July 2020, 12 October 2020, and 30 November 2020).

Note the update on current business and community support from the State and Commonwealth Government.

Approve the reinstatement of ten Action Items from the former Relief package, for a period of 3 months (backdated to commence from Saturday 26 June 2021).

Approve a Waiver of licence and approval fees for outdoor dining fees within the Parramatta Light Rail (PLR) Corridor) for period of six months (also from Saturday 26 June 2021).

Approve from Monday 19 July 2021 (until such time as the Commonwealth Government support of this measure ceased) the waiver of Child Care Gap-Fees for parents/carers on days they choose to keep their children at home due to stay-at-home orders.

2. The majority of proposed measures were approved until 26 September 2021 (for three months). One action was reinstated for six months and another implemented until Commonwealth Government support ceases.

3. With the initial (two-week) stay-at-home order in its third month, the impacts on the community and economy remain, through the shutdown of businesses, programs, services and facilities.

4. Stay-at-home orders for adults who have received both doses of the COVID-19 vaccine are proposed to be relaxed as NSW passes the 70 per cent double vaccination target (under the roadmap to freedom released 9 September 2021). The roadmap to freedom is not contingent on dates but on vaccination levels.

5. Council staff will provide an update Covid report to Council in late October 2021 if measures need to be further reviewed prior to Council’s caretaker period.

6. The following ten actions are recommended to be extended to 31 December 2021:

Action Number	Title	Description
F1	Waiver of interest on late rate payments	The Council will waive interest on late payments for Council Rates, where ratepayers satisfy the hardship criteria (as set out in the Rates Hardship Policy).
F2	Payment Plans for financial difficulties	The Council will put in place payment plans for late payments for Council Rates, where ratepayers are suffering financial hardship and satisfy the hardship criteria (as set out in the Rates Hardship Policy).
F3	7 Day Payment of Goods	The Council will reintroduce 7-day payment processing periods for local small and medium suppliers of goods.
F5(a)	Waiver of License and Hire Fees -Outdoor dining, food stalls, temporary premises, and non- commercial advertising	The Council will waive pre-paid and ongoing licence and hire fees for outdoor dining licenses, food stalls, temporary premises, and advertising.
F5(b)	Waiver of License and Hire Fees – Community halls, parks, and community venues	The Council will waive pre-paid and ongoing licence and hire fees for community halls, parks, and community venues.
F5(c)	Waiver of Outdoor Dining Fees- Licence and Approvals (Outside Parramatta Light Rail (PLR) Corridor)	The Council will waive the licence and approval fees for outdoor dining licences outside of the PLR corridor.
F6	On Street Parking	The Council will put in place a range of measures to provide grace periods and cautions for time-limited on street parking spaces; however, Council will continue to enforce illegal parking to ensure public safety and turnover for short stay parking to support local businesses. Council will also reduce and change time limits in a number of local on street parking locations to facilitate takeaway services and support local business and hospital staff. The revised COVID-19 Timed Parking Strategy (Extended Grace Period from 10 minutes to 1 hour and 2 cautions prior to a PIN issued on the 3rd occasion) will be implemented. Additional arrangements with NSW Health may include health staff working in Westmead. Normal Parking monitoring and enforcement will return once the parking occupancy rate reaches 80%. This will be monitored and compared against 2019’s Mark Mode Vehicle volumes in Timed Parking Zones in the Parramatta CBD.
F7(a)	Waiver of Rents	The Council will waive all rents for Council owned assets which are occupied by community groups, essential services and not for profit organisations.
F7(b)	Waiver of Rents – Affordable Housing Dwellings	The Council will provide rent relief for tenants of City of Parramatta Council’s Affordable Housing Dwellings, if tenants qualify for financial hardship and a request is made for rent reduction.
H3	Evening Lighting Trial of Council’s sportsgrounds	That Council implement a sports ground night lighting trial across the Local Government Area.

CONSULTATION & TIMING

Stakeholder Consultation

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

Date	Stakeholder	Stakeholder Comment	Council Officer Response	Responsibility
May – June 2020	Council Staff	All actions were developed with staff and management input.	Council’s Covid-19 related actions reflect staff and management input, both via individual consultation and the Crisis Management Team	City Strategy Unit
August – September 2020	Council Staff	All COVID-19 actions were developed with staff and management input	Council’s COVID-19 related actions reflect staff and management input, both via individual consultation and the Crisis Management Team	City Strategy Unit
September 2020	Council Staff	All Live Music Pilot Program actions were developed with staff and management input	Live Music Pilot Program related actions reflect staff and management input, both via individual consultation and the Crisis Management Team	City Strategy Unit
September 2020	Adjoining Business Owners to Phillip Lane Activation Project	Financial relief through COVID-19	-In line with Project Scope -Supports initiative	Bruce Mills
October 2020	Place Services	In line with other Council & State Government initiatives	-Cohesive Government to Government approach -Supports initiative	Bruce Mills
October 2020	Property Security and Assets	In line with other Council & State Government initiatives	-Cohesive Government to Government approach -Supports initiative - Reduction of budgeted income noted	Bindy Begg, Michael Leckey and Bryan Hynes
October – November 2020	Council Staff	All COVID-19 actions were developed with staff and management input	Council’s COVID-19 related actions reflect staff and management input, both via individual consultation and the Crisis Management Team	City Strategy Unit
July 2021	Council Staff	Updates on progress of the 2020 relief package as well as costing estimates for proposed actions to reinstate developed with staff and management input.	Council’s COVID-19 related actions reflect staff and management input	City Strategy Unit

Councillor Consultation

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

Date	Councillor	Councillor Comment	Council Officer Response	Responsibility
13 July 2020	All Councillors	Councillors endorsed a report to be provided to the September Council meeting to further consider fee waivers	In addition to October 2020 Council Report, fee waivers also presented as part of this November Council Report	City Strategy
August 2020	All Councillors	Briefing Note provided to Councillors for their information on progress made related to Council’s COVID-19 package throughout August	Briefing note provided to Councillors for information	City Strategy
September 2020	Lord Mayor	Executive Director City Planning and Development provided briefing to Lord Mayor on action R2 – Supporting Development	Lord Mayor briefed on action R2 – Supporting Development	City Planning
September 2021	All Councillors	Briefing note provided to Councillors for their information on the Evening Lighting Trial of Council’s sportsgrounds during the COVID lockdown period.	Briefing note recommended to trial lighting 22 sportsgrounds from the 29 practically available from Monday to Friday between the hours of 5:30-8:30pm.	Social and Community Services

LEGAL IMPLICATIONS FOR COUNCIL

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

FINANCIAL IMPLICATIONS FOR COUNCIL

10. The financial implications resulting from the proposed extension to ten previously endorsed COVID-19 Relief Package actions, for the period of 26 June 2021 to 26 November 2021, unless otherwise stated, and assuming 100% waiver rates, are estimated to be as follows:

Item number	Action	Financial implications (two-month estimate)
i.	(F1) Waiver of interest on late rate payments – The Council will continue to waive the interest on late payments for Council rates, where ratepayers satisfy the hardship criteria (as set out in the Rates Hardship Policy). To date no interest has been generated.	$83,000 loss on budgeted income
ii.	(F2) Payment Plans for Late Rate Payments – The Council will put in place payment plans for late payments of Council rates, where ratepayers are suffering financial hardship and satisfy the hardship criteria (as set out in the Rates Hardship Policy).	No impact to operating budget. Will have a cashflow impact.
iii.	(F3) 7-day Payment of Goods – The Council will reintroduce 7-day payment processing periods for local small and medium suppliers of goods.	No impact to operating budget. Will have a cashflow impact.
iv.	(F5(a)) Waiver of License and Hire Fees – The Council will waive pre-paid and ongoing licence and hire fees for outdoor dining, food stalls, temporary premises, and non-commercial advertising	$40,000 loss in income.
v.	(F5(b)) Waiver of License and Hire Fees –The Council will wave pre-paid and ongoing licence and hire fees for community halls, parks, and community venues. Due to the closure of facilities (as a result of lockdown) there is currently no revenue from hiring of facilities and the level of hire activity is not easy to predict at this stage.	$152,000 loss in income.
vi.	(F5(c)) Waiver of Outdoor Dining Fees – License and approvals (outside PLR) - The Council will waive the licence and approval fees for outdoor dining licences outside of the PLR corridor.	$23,000 loss in income.
vii.	(F6) On Street Parking – The Council will put in place a range of measures to provide grace periods and cautions for time-limited on street parking spaces; however, Council will continue to enforce illegal parking to ensure public safety and turnover for short stay parking to support local businesses. Council will also reduce and change time limits in a number of local on street parking locations to facilitate takeaway services and support local business until occupancy reaches 80% of 2019’s vehicle volumes.	$1.13M loss in income.
viii.	(F7a) Waiver of Rents – The Council will waive all rents for Council owned assets which are occupied by community groups, essential services and not for profit organisations.	$68,000 loss in income.
ix.	(F7b) Waiver of Rents – Affordable Housing Dwellings - The Council will provide rent relief for tenants of City of Parramatta Council’s Affordable Housing Dwellings if tenants qualify for financial hardship and a request is made for rent reduction. No known rent relief has been requested to date by affordable housing tenants.	$23,000 loss in income.
x.	(H3) Evening Lighting Trial of Council’s sportsgrounds - That Council implement a park night lighting trial across the entire Local Government Area.	$27,000 cost
Subtotal of the proposed 3 month extension of the above actions.		$2.9M maximum loss in income.
Total for the proposed 3-month extension of the above actions and the COVID-19 Relief Package endorsed 26 July 2021.		$5.8M maximum loss in income

Caitlin Carpenter

Acting Senior Project Officer

Geoff King

Group Manager City Strategy

Richard Sheridan

Chief Financial Officer

Jon Greig

Executive Director Community Services

Brett Newman

Chief Executive Officer

Attachments:

There are no attachments for this report.

REFERENCE MATERIAL

Council 27 September 2021 Item 13.1

ACCESSIBLE

ITEM NUMBER 13.1

SUBJECT FOR APPROVAL: Reappointment of Community Representatives to the Parramatta Local Planning Panel

REFERENCE F2021/01980 - D08194263

REPORT OF Strategic Business Manager

workshop/briefing date:

Nil

PURPOSE:

To seek Council’s approval to reappoint the current community representative members of the Parramatta Local Planning Panel, to 29 February 2024, to coincide with the conclusion of the term of the recently appointed chair, alternate chairs, and independent expert members.

RECOMMENDATION

That Council reappoint the current community representative members (named in paragraph 19) of the Parramatta Local Planning Panel until 29 February 2024.

BACKGROUND

1. In late 2017 changes to the Environmental Planning and Assessment Act 1979 (the EP&A Act) mandated all Sydney councils to have a Local Planning Panel (LPP) which would operate from 1 March 2018. The LPP exercises functions under the EP&A Act for the determination of Development Applications (DAs) and reporting requirements for Planning Proposals (PPs).

2. The Department of Planning, Industry and Environment (the Department) is responsible for the recruitment and selection of LPP chairs, alternate chairs, and independent experts, which then requires endorsement by Council.

3. The recruitment, selection and appointment of community representatives is the responsibility of each council.

4. Under the EP&A Act each LPP meeting must comprise a chair, two independent expert members and a community member.

5. Under the EP&A Act where the council is divided into wards, council is to appoint representatives of the local community for each ward. Whilst all community representatives are entitled to attend the LPP, only one designated by the chairperson of the panel comprises the quorum for the meeting and is entitled to vote and be heard on a matter before the panel.

6. Community representatives can represent more than one ward. Council resolved on 18 December 2017 to allow community members to represent all wards not just the one in which they live. This is the most practical option for the operation of the LPP.

7. When the Parramatta LPP commenced in March 2018 Council had three community representatives. An Expression of Interest (EOI) process was undertaken by Council in 2018 to increase the pool of community representatives.

8. The following selection criteria were used for the EOI for recruiting community representatives in addition to the requirement of living within the LGA:

a. senior level experience in dealing with multiple stakeholders;

b. high level communication skills;

c. capability to drive high profile outcomes in a credible and authoritative manner;

d. high level analytical skills; and

e. broad community leadership at a significant level.

9. Council is responsible to undertaking probity checks for community representatives. Each community representative was subject to required probity checks including:

a. ASIC banned and disqualified register check

b. ASIC enforceable undertaking register

c. Bankruptcy record check

d. National Police check (ACIC)

e. Political Donations

10. At its meeting on 24 September 2018 Council resolved:

That 2 representatives for each ward be appointed, with the 2 from each ward being selected from the existing list of applicants, and noting that Dundas and Parramatta only have 1 applicant, that a further applicant be chosen by the Acting CEO for the Dundas and Parramatta Wards

11. These additional representatives were appointed to the Parramatta LPP in December 2018 bringing to total pool of community representatives to ten (10).

ISSUES/OPTIONS/CONSEQUENCES

12. Since appointment in December 2018 there have been several resignations from the LPP, and Council currently has a pool of seven (7) community representatives. As a result, there are currently no community representatives that reside in the Parramatta Ward. All other Wards have at least one community representative that resides in the Ward.

13. The matters considered at each LPP meeting are generally from several of the LGA wards. As the roster of members for each meeting is generally done months in advance, to ensure availability of sufficient panel members and for the members to allocate this time in their schedule, it is unknown at the time what wards the matters at each meeting will be located in. As such it is most practical for the operation of the LPP if only one community representative is required to attend the meeting. Otherwise, a community representative from each ward would be required for each meeting. This would significant increase the cost associated with the operation of the LPP. It would also mean in instances where a DA or PP for a particular ward is scheduled, but that ward representative is unable to attend, there may be an expectation that the report for the DA or PP would not be considered and cause unnecessary delay in making a recommendation on that matter.

14. Council resolved on 18 December 2017 to allow community members to represent all wards not just the one in which they live. This is the most practical option for the operation of the LPP.

15. Community representatives are allocated to LPP on a rotating basis. With the current number, a community representative on average only attends 1-2 LPP meetings per year. The current Chair of the LPP has suggested that 7 community representatives is sufficient and there is no need to seek additional community representatives at this point in time.

16. Under the EP&A Act a member of the LPP may only be appointed for a period not exceeding three years and a member of the LPP can be a member of the LPP for up to six years in total. The current 3-year term of appointment for the community representatives is due to expire in December 2021.

17. On 28 June 2021 Council resolved to appoint the new Chair, alternate chairs, and pool of independent experts for the period 1 July 2021 until 29 February 2024.

18. To maintain a level of consistency to the LPP it is recommended that Council reappoint the current community representatives for an additional term, to 29 February 2024, to coincide with the expiry of the appointment of the current chair, alternate chairs, and independent experts.

19. An EOI for new community representatives would then be undertaken during mid-late 2023 so that new community representatives could be appointed at the same time the next chair, alternate chairs and independent experts are appointed to commence in March 2024.

CONSULTATION & TIMING

Stakeholder Consultation

20. All the seven (7) community representatives have advised that they are available and willing to continue as community representatives on the Parramatta LPP as required should Council choose to reappoint them to the Parramatta LPP.

Date

Stakeholder

Stakeholder Comment

Council Officer Response

Responsibility

6 September 2021

Community Representatives:

· Darryn Capes-Davis

· Ian Gilbertson

· Peter Haliburn

· Kirrily McDermott

· Warrick McLean

· Anne Smith

· Maree Turner

All the community representatives indicated they are willing to continue in the role.

All community representatives are recommended to continue.

City Planning & Design

Councillor Consultation

21. No Councillor consultation has been undertaken in relation to this matter as it relates to a procedural process.

Date	Councillor	Councillor Comment	Council Officer Response	Responsibility
NIL	NIL	NIL	NIL	NIL

LEGAL IMPLICATIONS FOR COUNCIL

22. Under the EP&A Act Council is required to operate an LPP.

23. If Council does not reappoint the community representatives then the alternate is for an EOI process to occur to seek new community members by December 2021. Should neither of these occur, Council will not have an LPP and will not be able to exercise functions under the EP&A Act for the determination of DAs and reporting requirements for PPs.

FINANCIAL IMPLICATIONS FOR COUNCIL

24. Members would be remunerated in line with the existing rate. The current rate of remuneration is:

a. Community representatives – a fee of $850 for the attendance at meetings which includes site visits and briefings by staff. If the meeting extends beyond 6:00pm a fee of $100 per hour applies.

25. The total cost of the panel is dependent on the exact number of panel meetings held each year. As the panel has been in operation for five years the costs associated with the operation of the panel has been allowed for in the budget. This amount is approximately $120,000 per year.

26. If Council resolves to approve this report in accordance with the recommendation, there are no unbudgeted financial implications for Council’s budget as the costs associated with the LPP are already included in the budget.

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

	FY 21/22	FY 22/23	FY 23/24	FY 24/25
Revenue
Internal Revenue
External Revenue
Total Revenue

Funding Source

Operating Result
External Costs	Nil	Nil	Nil	Nil
Internal Costs
Depreciation
Other
Total Operating Result

Funding Source	Existing	Existing	Existing	Existing

CAPEX
CAPEX
External
Internal
Other
Total CAPEX

Kathleen Sales

Strategic Business Manager

Richard Sheridan

Chief Financial Officer

Jennifer Concato

Executive Director City Planning and Design

Brett Newman

Chief Executive Officer

Attachments:

There are no attachments for this report.

REFERENCE MATERIAL

Council 27 September 2021 Item 13.2

ACCESSIBLE

ITEM NUMBER 13.2

SUBJECT FOR APPROVAL: Free Parking - Ticket Parking Machines (On-Street) and Multi Level Carpark - Christmas Festive Period

REFERENCE F2021/00521 - D08212390

REPORT OF Manager Paid Parking

workshop/briefing date: NIL

PURPOSE:

To seek approval to conduct free parking during selected days prior to the festive season Christmas 2021.

RECOMMENDATION

That Council approve:

i. The City's parking meters be switched off and no parking fee be charged for on street parking in the meter’s location on the two (2) business days prior to the Christmas Day and Boxing Day public holidays 2021.

ii. The provision of free parking at Council owned parking stations for one (1) day on 24 December 2020

BACKGROUND

1. On 7 December 2020, Council considered a report for approval: Free Parking – Ticket Parking Machines (On-Street) and Multi Level Car Park – Christmas and resolved as follows:

“(a) That Council approve the switch off of the City's parking meters between 24 December 2020 to 4 January 2021 inclusive.

(b) That Council agree to provide free parking at Council owned parking stations from 24 December 2020 to 26 December 2020 inclusive.

(c) Further, that Council make the necessary adjustments to Council’s financial reports and working capital budget.”

2. Free parking on selected days during the Christmas festive season has become a regular tradition and accepted practice since 2012 which requires an individual approval each year.

3. Council may amend and / or waive fees and charges in accordance with section 610E Local Government Act 1993. Council has provided public notice through the continuous process of approval each year and has fulfilled the public notice requirement of the Local Government Act.

4. Council will seek to include this fee waiver within the fees and charges approved each financial year which will continue to fulfil this public notice requirement.

5. Other fee waivers recently approved by council include those in the COVID relief package.

ISSUES/OPTIONS/CONSEQUENCES

6. In relation to the on-street ticket parking machines (TPM), staff’s recommendation translates to two days of free parking on 23 and 24 December each year, a total of 4 days apply where public holidays are included. Additional days may apply where Christmas occurs over a weekend.

7. The general practice to advise the community is as follows:

· TPM - A "hoodie" (Picture In below) has been designed to cover the whole parking meter advising users of the free parking. Arrangements will be made for the placement and removal of these "hoodies" at the appropriate times as well as physical monitoring against vandalism or the removal of the "hoodie". The existing signposted time limits will still apply and are enforceable.

· Multi-Level Car Parks (MLCP) - These carparks will remain open during the Christmas and New Year period with free entry only on Christmas Eve. Appropriate signage will be displayed at the entry of each MLCP on this day only.

CONSULTATION & TIMING

Stakeholder Consultation

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

Date	Stakeholder	Stakeholder Comment	Council Officer Response	Responsibility
N/A

Councillor Consultation

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

Date	Councillor	Councillor Comment	Council Officer Response	Responsibility
N/A

LEGAL IMPLICATIONS FOR COUNCIL

10. There are no legal implications associated with this report.

FINANCIAL IMPLICATIONS FOR COUNCIL

11. The estimated total revenue loss is $52,000, with an estimated cost “Hoodie” placement of $10,000. This revenue loss and cost for hoodies has already been accounted for in the current approved budget.

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

	FY 21/22	FY 22/23	FY 23/24	FY 24/25
Revenue
Internal Revenue
External Revenue
Total Revenue	NIL

Funding Source

Operating Result
External Costs
Internal Costs
Depreciation
Other
Total Operating Result	NIL

Funding Source

CAPEX
CAPEX
External
Internal
Other
Total CAPEX	NIL

James Lister

Manager Paid Parking

Robert Ramsbottom

Group Manager Property, Security, Assets & Services

Richard Sheridan

Chief Financial Officer

Bryan Hynes

Executive Director Property & Place

Brett Newman

Chief Executive Officer

Attachments:

There are no attachments for this report.

REFERENCE MATERIAL

Council 27 September 2021 Item 13.3

ACCESSIBLE

ITEM NUMBER 13.3

SUBJECT FOR APPROVAL: Public Exhibition of the Dunlop Street (Epping) Pedestrian and Cyclist Paths, and George Street East (Parramatta) Pedestrian and Cyclist Paths

REFERENCE F2021/00521 - D08206857

REPORT OF Senior Project Officer Transport Planning

workshop/briefing date: Epping Ward Councillor briefing on Dunlop Street 8 September 2021, Rosehill Ward Councillor briefing on George Street 8 September 2021.

PURPOSE:

This report seeks the endorsement of Council to publicly exhibit two separate proposals - the Dunlop Street pedestrian and cyclist paths, as well as the George Street East pedestrian and cyclist paths.

RECOMMENDATION

(a) That Council approve the attached draft Dunlop Street pedestrian and cyclist paths at Attachment 1 for the purposes of exhibition.

(b) That Council approve the attached draft George Street East pedestrian and cyclist paths at Attachment 2, for the purposes of exhibition.

(d) Further, that the outcomes of public exhibition of the plans be reported to Parramatta Traffic Committee, and in turn to Council.

BACKGROUND

1. The NSW Department of Education is currently planning the delivery of the new Epping South Public School (ESPS) on the former TAFE site at Grimes Lane, Epping. In seeking to reduce the number of car trips to the new school and help facilitate safe walking and cycling access for students and teachers, new pedestrian and cyclist facilities are proposed to improve access from the north along Dunlop Street, Ryde Street and First Avenue as per Figure 1 below. These improvements are designed to complement and leverage the existing investment of Council and the NSW Government in the Epping to Carlingford Cycling Link that currently includes on-road riding along Dunlop Street and Ryde Street.

Figure 1: Existing Epping to Carlingford on road route (in blue), School (shaded blue), proposed off-road paths on Dunlop Ryde and First (dashed red).

2. During consultation it was identified that although Dunlop Street and Ryde Street carried a higher number of vehicles compared to other on-road sections in the link. Both would benefit from an off road solution to appeal to cyclists who were “interested but concerned”, however large scale infrastructure improvements on these sections were beyond the existing Epping to Carlingford budget.

3. The delivery of a new school elevates the need for off-road infrastructure on these two streets to ensure that primary school students and their parents would feel safe and comfortable riding to school.

4. For George Street East, in 2016 the community was consulted on plans to widen the existing shared path through Queens Wharf Reserve and continue it on to Alfred Street in Parramatta. At the time the proposal was well supported and a copy of the plans is provided at Figure 2. However, the plan needs to be updated to take into account kerb adjustments and parking removal by Parramatta Light Rail on George Street as well as changes at the eastern extent due to the Alfred Street Bridge. In addition, due to the recent rapid increase in users on the river foreshore and projected future numbers, separated paths are now proposed where space allows. For example, in 2020 a total of 550,000 pedestrians and cyclists were counted on the northern foreshore under James Ruse Drive compared to 334,000 in 2016.

Figure 2: 2016 Concept Plans for river foreshore shared path.

5. Council’s Cycleways Committee has yet to be consulted at the time of writing this report, as the next meeting of the Committee will be September 21 2021.

ISSUES/OPTIONS/CONSEQUENCES

6. The Dunlop Street pedestrian and cyclist paths at Attachment 1 would result in a higher quality, safer, pedestrian and cyclist experience along and across Dunlop Street both locally and as part of the wider Epping to Carlingford Cycling Link. This will give students, teachers, workers, residents and visitors opportunities to safely get out and active.

7. The draft concept plans identify 1 large street tree that has been heavily compromised by power lines, and 8 small street trees that would have to be removed as part of the project, however this is only where there is no alternative. 17 potential locations have been identified on Dunlop Street to provide a local tree offset.

Figure 3: Large compromised street tree

8. A small number of on-street car parking spaces will need to be removed for the project to be constructed, however these are limited to statutory no stopping distances from street crossings. All houses fronting Dunlop Street, Ryde Street and First Avenue have access to off-street car parking and (from aerial surveys) there is currently ample parking in all adjacent streets. The school also provides space for teachers to park on site.

9. The George Street East pedestrian and cyclist paths at Attachment 2 would result in a higher quality, safer, pedestrian and cyclist experience along the southern river foreshore. It would complement existing Council and State Government walking and cycling initiatives such as the Alfred Street Bridge, PLR “Active Transport Link” that terminates at Alfred Street, as well as the Alfred Street Pedestrian and Cyclist Upgrade. This will give all workers, residents and visitors new and improved access to the foreshore in Sydney’s Central River City.

10. To provide an alternative to the constrained foreshore area between Purchase Street and Alfred Street it is proposed to include a contraflow bike lane on Noller Parade to allow two-way cycling movements. In order to retain parking on one side of the street, it is proposed to shift parking to the southern side.

11. Both projects already have approved funding for design but construction would be subject to a successful grant application to the NSW Government for future financial years.

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
8/9/21	Open Space Team	Would be good to tighten footpath alignment to bike path west of Gasworks bridge to maximise open space	Plans adjusted to tighten path.	City Strategy

Councillor Consultation

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

Date

Councillor

Councillor Comment

Council Officer Response

Responsibility

8/9/21

Dunlop Street

Clr Davis

No major concerns

N/A

City Strategy

8/9/21

George Street

Clr Prociv

Clr Wilson

Ensure that lighting is controlled along the foreshore to not spill into Noller Parade backyards.

Need to ensure changing path network includes education of path users to ensure each uses the correct path.

Will be noted for inclusion in detail design requirements.

Education and promotion will be included at opening to include this requirement.

City Strategy

LEGAL IMPLICATIONS FOR COUNCIL

14. There are no legal implications for Council in publicly exhibiting these draft plans.

FINANCIAL IMPLICATIONS FOR COUNCIL

15. George Street East currently has an allocation of $95,000 of development contributions for design for FY21/22, and Dunlop Street design is funded from a TfNSW Active Transport Grant in FY21/22.

16. The cost of public exhibition is estimated at $5,000 including newspapers advertisements and social media promotion. This is already budgeted within the existing allocation to the George Street East paths for this FY.

	FY 21/22	FY 22/23	FY 23/24	FY 24/25
Revenue
Internal Revenue
External Revenue
Total Revenue

Funding Source

Operating Result
External Costs
Internal Costs
Depreciation
Other
Total Operating Result

Funding Source

CAPEX
CAPEX
External
Internal
Other
Total CAPEX

Mark Crispin

Senior Project Officer Transport Planning

Michael Jollon

Transport Planning Manager

Richard Sheridan

Chief Financial Officer

Geoff King

Group Manager City Strategy

Brett Newman

Chief Executive Officer

Attachments:

1 ⇩	Dunlop Street Path - draft Concept Plans	8 Pages
2 ⇩	George Street East Paths - Draft Concept Plans	3 Pages

REFERENCE MATERIAL

Council 27 September 2021 Item 17.1

INNOVATIVE

ITEM NUMBER 17.1

SUBJECT FOR APPROVAL: Post exhibition Draft Development Control Plan for the Telopea Precinct

REFERENCE F2019/00327 - D08093458

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

PREVIOUS ITEMS 17.2 - FOR APPROVAL: Draft Development Control Plan for the Telopea Precinct for Public Exhibition - Council - 10 May 2021

Telopea Master Plan - Council - 18 Dec 2017

8.9 - Telopea Master Plan - Council - 13 Mar 2017

workshop/briefing date: 22 September 2021

PURPOSE:

To seek Council’s consideration of the post-exhibition outcomes for the Draft Development Control Plan (DCP) for the Telopea Precinct and endorsement of the final DCP with minor amendments.

RECOMMENDATION

(a) That Council receives and notes the submissions received during the public exhibition of the Draft Development Control Plan for the Telopea Precinct which are summarised at Attachments 2 and 3.

(b) That Council approves finalisation of the Development Control Plan (DCP) for the Telopea Precinct at Attachment 5 including the minor amendments, which will repeal the existing controls relating to the Telopea Precinct in Section 4.1.11 of the Parramatta DCP 2011 and that the amendments come into effect from the date of the public notice of Council’s decision.

(c) Further, that Council authorise the Chief Executive Officer (CEO) to correct any minor anomalies of a non-policy and administrative nature relating to the finalisation of the DCP that may arise.

BACKGROUND

1. The Telopea Precinct (the Precinct) is located to the east of the former Telopea heavy-rail station and future Telopea Light Rail Stop. The precinct currently contains a mixture of high and low rise social and affordable and private housing. NSW Land and Housing Corporation (LAHC) are a major landholder within the precinct.

2. Precinct planning for Telopea has been underway since 2015, with involvement from Council, LAHC and the (then) Department of Planning and Environment. The current planning controls contained in the Parramatta Local Environmental Plan (PLEP) 2011 result from the 2018 rezoning by the NSW Government. Attachment 1 provides a summary of the key planning milestones and the planning controls for the Precinct.

3. Clause 6.18 of the Parramatta LEP 2011 states that development consent cannot be granted for sites within the Precinct until a DCP has been developed for the precinct. Noting that this clause allows for minor development to proceed in the absence of a precinct DCP being prepared.

State Significant Development Application and Voluntary Planning Agreement

4. In December 2019, Frasers Property and Hume Housing were announced as LAHC’s development partner for the Telopea Precinct. Telopea is a part of the Communities Plus Program under which LAHC engages private sector developers and community housing providers to design, fund and build social, affordable and private housing. New social housing is handed over to LAHC.

5. On 12 February 2021, Council was notified by DPIE that LAHC and Frasers were intending to lodge a Concept Plan and Stage 1A (detailed development) for the Telopea Estate Redevelopment as a State Significant Development (SSD) application. The application applies to LAHC owned land, Council’s pathways, roads, 21 Sturt St (Dundas Library site) and Telopea Christian Church (16 Shortland St). Council will be required to give landowners consent, in order for the Minister to grant consent to the development.

6. The Concept Plan by LAHC includes a mixed-use development of approximately 4,700 dwellings (including 1,000 social and affordable units); 7,000sqm retail precinct; a library and community centre; and combined Church, residential aged care facility; conversion of Elyes St to a pedestrian link; and road and intersection upgrades. The Concept Plan application relates to the dark red area shown in Figure 1 below.

7. The detailed proposal for Stage 1A of the redevelopment applies to the light red area shown in Figure 1 marked ‘Stage 1A and seeks approval for apartments containing a total of 452 units on Lot C9; a new public park; a new road crossing of the light rail; and a new plaza adjacent to Telopea Station.

8. At the time of writing this report, the Environmental Impact Assessment (EIS) Report had not yet been officially lodged with DPIE. However DPIE advise it is expected the EIS will be officially lodged shortly and soon after it will be placed on public exhibition. When this takes place staff will report to Council on a proposed submission on the SSD application.

9. Council Officers recommend that the DCP largely reflects Council’s endorsed Telopea Master Plan. The DCP will be used as a supporting guide for Council’s future formal responses in relation to the planning agreement and SSD. This would not preclude Council from supporting the SSD proposal, which deviates from the Telopea Masterplan, if Council wishes to do so.

10. Council officers are currently negotiating a Planning Agreement associated with the SSD application with Frasers and LAHC to address the delivery of community infrastructure and several other works-in-kind. Council officers are also currently negotiating with Frasers and LAHC on the transfer of Council’s land. These matters will be the subject of a future workshop and report to Council. It is noted that in its submission on the SSD Council may also object to compensation offered in the event of compulsory acquisition.

Figure 1: Land application of the Concept Plan Application and Stage 1 Detailed Application (source Scoping Report for SSD Application, LAHC 2021)

Map

Description automatically generated

TELOPEA PRECINCT DEVELOPMENT CONTROL PLAN

11. The Draft DCP relates to the Telopea Precinct, which is shown in Figure 2. The area which will contain the tallest and densest buildings and retail areas is known as The Core and is shown in blue line outline. The remaining areas are known as the ‘Precincts’.

Figure 2: Telopea precinct – Application area of DCP Map

Description automatically generated

12. The Draft DCP (Attachment 5) is underpinned by the outcomes of the Telopea Master Plan and responds to the planning controls contained in the Parramatta LEP 2011. The DCP provides development controls relating to the following key areas:

a. Traffic and Transport, including car parking rates and identification of new and upgraded roads and active transport links.

b. Built Form and Public Domain controls for both the Core and Precincts.

c. Tree Protection and Enhancement to ensure tree canopy is preserved and supplemented.

d. Natural Environment and Heritage controls relating to the state heritage item and endangered ecological communities.

e. Sustainability controls including urban heat and water sensitive urban design controls.

13. The Draft DCP includes the Council owned land at 21 Sturt Street (the current Dundas Community Centre and Library) and the land between the existing Waratah Shops and the formed section of Evans Road (also known as Benaud Place) - refer shaded blue areas at Figure 1. The Draft DCP notes that Council will investigate the future of 21 Sturt Street, including the option of building new community facilities on the current site and the potential relocation of community facilities to alternative sites. In relation to Benaud Place, the Draft DCP notes the potential to consolidate with adjoining private landowners as part of a future mixed use or residential development if the road reserve is no longer required to provide access to adjoining privately owned sites.

14. The finalisation of the DCP does not preclude from Council entering into a future planning agreement or expressing support for, or objection to, the SSD proposal, if Council wishes to do so. The DCP does not ‘lock’ Council into any position in relation to its land holdings. However, it does enable development consent to be granted for development applications for sites within the Telopea Precinct that, with the exception of minor development, cannot currently be determined.

15. It is recommended that Section 4.1.11 ‘Telopea Precinct’ of the Parramatta DCP 2011 be repealed if the Draft DCP is endorsed by Council. These controls were put in place in 2011 prior to the Telopea Master Plan and rezoning and therefore no longer reflective of the current planning controls.

PUBLIC EXHIBITION

16. The Draft DCP was exhibited between 19 May and 17 June 2021 and involved:

a) Notification letters to over 3,800 property owners/occupiers within and surrounding the Telopea Precinct;

b) Exhibition of the Draft DCP on Council’s Participate Parramatta website;

c) Notification to approximately 10,000 Participate Parramatta Online Community Panel members and included in the June edition of ePULSE which is sent to approximately 60,000 subscribers;

d) Notification of public exhibition in the Parra News on 18 June 2021;

e) Hard copies of the Draft DCP available at Council’s Customer Service Centre and Dundas, Epping and Parramatta Libraries; and

f) A series of four out of hours phone ‘book a planner’ sessions.

17. 26 submissions were received during the public exhibition period. This included 2 from public agencies (DPIE and NSW LAHC), 2 from other organisations (Frasers and Catholic Education Diocese of Parramatta) and 22 from community members. The majority of submissions either fully supported or supported to an extent the DCP, or otherwise did not explicitly indicate. Five (5) submissions did not support the Draft DCP.

18. A summary of submissions from state agencies/organisations and Council officer responses are provided at Attachment 2. A summary of submissions from community members and the Council officer responses are provided at Attachment 3. The key concerns raised within the submissions (and Council Officer responses) are summarised as follows:

a) Concerns raised in relation to the proposed density and heights of development in the precinct and resultant traffic and amenity impacts. Response: it is noted that the rezoning of the Precinct occurred in 2018 and that the DCP aims to provide guidance to development outcomes as a result of the amendments to planning controls.

b) Community raised concerns relating to the Draft DCP car parking rates, citing that the rates are insufficient to cater for development and the impacts on on-street parking. Response: Telopea is a suburban centre and requires adequate off-street parking. As such car parking rates are set in line with the Roads and Maritime Services’ Guide to Traffic Generating Developments (2002) for Metropolitan Sub-regional Centres. Furthermore, the operation of the Parramatta Light Rail is expected to reduce pressure on on-street parking. Council supports on-street parking being maintained on existing streets and any new roads where possible. It is acknowledged this plays an important role in accommodating vehicles visiting the Precinct.

c) Community raised concern in relation to parks catering for a range of ages and provision of additional open space. Response: Council is currently undertaking park upgrades, with Acacia Park upgrades almost completed and Sturt Park construction commencing shortly. These upgrades will provide the community with access to quality recreation spaces to enable activities for a range of age groups. Furthermore, as part of the SSD Application, the applicant is proposing additional public open space, which the community will have an opportunity comment on.

d) DPIE, LAHC and Frasers submission raised concern in relation to specific development controls contained in the Draft DCP. Response: these concerns are specifically addressed in Attachment 2.

19. As a result of the submissions, a number of minor amendments are proposed to the Draft DCP. The amendments relate to points of clarification, reducing duplication and correction of spelling. A table summarising the proposed minor amendments and reasons for the amendments is provided at Attachment 4 and the amendments are shown in red text in the Draft DCP at Attachment 5. These do not have a material impact on the DCP and therefore are considered to be minor and do not require re-exhibition of the Draft DCP.

CONSULTATION & TIMING

Stakeholder Consultation

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

Date	Stakeholder	Stakeholder Comment	Council Officer Response	Responsibility
19 May and 17 June 2021	As detailed in Section above titled ‘Public exhibition of the Draft DCP’	Summary of Submissions and Council Officers response is provided at Attachments 2 and 3.	Summary of Submissions and Council Officers response is provided at Attachments 2 and 3.	City Planning

Councillor Consultation

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

Date	Councillor	Councillor Comment	Council Officer Response	Responsibility
5 May 2021	All	Briefing on the Draft DCP prior to 10 May meeting. Following discussion the Councillors were encouraged to email officers with issues they would like included in future DCP reviews.	No specific queries were raised following the Councillor Briefing.	City Planning

LEGAL IMPLICATIONS FOR COUNCIL

22. Finalising the DCP will satisfy Clause 6.18 of the Parramatta LEP 2011 which only allows development consent to be granted for development applications for sites within the Telopea Precinct when a DCP is in place, with the exception of minor development. Development applications cannot be determined until the DCP is formally endorsed and thus Clause 6.18 is fully satisfied.

FINANCIAL IMPLICATIONS FOR COUNCIL

23. The decision being made by Council to endorse the DCP will have no direct impact on the budget (refer to Table below). Any minor costs associated with the finalisation of the DCP will be funded from the City Planning budget.

24. The finalisation of the DCP will allow development applications to be determined. Development applications associated with increases in residential density will result in collection of development contributions. The recently endorsed Development Contributions (Outside Parramatta CBD) Plan will apply to new development applications within the Precinct.

25. It is acknowledged that a Planning Agreement is being negotiated by Council Officers. The Planning Agreement will be the subject of a future workshop and report to Council. At the time the Planning Agreement is executed (post exhibition) Council can then consider and incorporate the infrastructure and other Planning Agreement deliverables into Council budget and asset management strategies.

	FY 21/22	FY 22/23	FY 23/24	FY 24/25
Operating Result
External Costs
Internal Costs
Depreciation
Other
Total Operating Result	Nil	Nil	Nil	Nil

Funding Source	Nil	Nil	Nil	Nil

CAPEX
CAPEX
External
Internal
Other
Total CAPEX	Nil	Nil	Nil	Nil

Funding Source	Nil	Nil	Nil	Nil

NEXT STEPS

26. It is recommended that Council approve the DCP for finalisation, with minor amendments marked in red at Attachment 5. If endorsed, the DCP will amend Section 4.1.11 of the Parramatta Development Control Plan 2011.

27. If approved, Council Officers will publish a notice shortly thereafter stating the date the DCP will come into effect. The DCP will come into effect within two weeks from the Council meeting in order to allow time to incorporate the final DCP into the Parramatta DCP 2011.

Kashfia Hasan

Senior Project Officer Land Use Planning

David Birds

Group Manager, City Planning

Richard Sheridan

Chief Financial Officer

Jennifer Concato

Executive Director City Planning and Design

Brett Newman

Chief Executive Officer

Attachments:

1 ⇩	Summary of Planning Milestones and Planning Controls	6 Pages
2 ⇩	Summary of and response to submissions - agencies and organisations	31 Pages
3 ⇩	Summary of and response to community submissions	18 Pages
4 ⇩	Summary of proposed amendments to DCP	11 Pages
5 ⇩	Telopea Development Control Plan	42 Pages

REFERENCE MATERIAL

Council 27 September 2021 Item 17.2

INNOVATIVE

ITEM NUMBER 17.2

SUBJECT FOR APPROVAL: Planning Proposal and associated processes - 355 & 375 Church St, Parramatta

REFERENCE RZ/10/2018 - D08073201

REPORT OF Land Use Planning Manager

LANDOWNER: Stockland Development Pty Ltd

APPLICANT: McDonald’s Australia Ltd

workshop/briefing date: 22 September 2021

DEVELOPMENT APPLICATIONS CONSIDERED BY SYDNEY CENTRAL CITY PLANNING PANEL:

DA/96/2015 – Staged development involving a redeveloped McDonald’s restaurant and concept approval for a future mixed-use development; the Sydney West Joint Regional Planning Panel deferred its formal determination on this matter, and the application was withdrawn May 2016.

PURPOSE:

To recommend next steps for the Planning Proposal and associated Draft Development Control Plan and Planning Agreement at 355-375 Church St, Parramatta.

RECOMMENDATION

(a) That Council note the correspondence from the Department of Planning, Infrastructure and Environment (DPIE) summarised in this report regarding this Planning Proposal.

(b) That the existing Planning Proposal for 355-375 Church St, Parramatta be amended to remove provisions consistent with the CBD Planning Proposal, while retaining the provision pertaining to a bespoke parking rate for take away food and drink premises at this site.

(c) That the amended Planning Proposal (as at Attachment 1) be resubmitted to the DPIE as a new Planning Proposal seeking a new Gateway determination.

(d) That, pending a new Gateway determination from DPIE in line with the amendments outlined in (b) above, Council:

1 advise DPIE that it no longer wishes to pursue the existing Planning Proposal process, as the amended Planning Proposal described above will replace it as a new Planning Proposal, and

2 exhibit the Planning Proposal.

(e) That negotiation of a Planning Agreement at this site cease, recognising that infrastructure contributions for this site will instead be made as part of a future Development Application (DA) in line with the relevant Contributions Plan in place for the CBD at that time.

(f) That Council officers prepare a draft Development Control Plan (DCP) and it be endorsed under delegation by the Chief Executive Officer for the purpose of public exhibition in accordance with the following principles:

1 Further defining the preferred two-tower scheme, including podium heights and tower setbacks, with a view to minimising any non-compliances with relevant Apartment Design Guide requirements but acknowledging that some non-compliances will remain;

2 Establishing an appropriate relationship to, and mitigating impacts on, proximate heritage items;

3 Resolving traffic issues (including sightlines, vehicle queueing, pedestrian safety and minimising any impact of the development on Parramatta Light Rail and the surrounding road network, including restricting turning right from Victoria Road into the site);

4 Demonstrating adaptive re-use potential of the drive-through facility and at least some of the parking spaces proposed;

5 Establishing an appropriate relationship to the 385 Church Street isolated site (including built form controls for an unamalgamated scenario, and a direction for an amalgamated scenario that maintains the two towers while seeking to increase inter-building separation and tower setbacks);

6 Appropriately managing the environmental quality impacts of the proposed podium uses (particularly noise, air pollution and odour);

7 Ensuring that footpath widening and the “notch” in the centre of the site are marked appropriately in the DCP to support future public access;

8 Ensuring the building appropriately addresses the potential future through-block link;

9 Require a comprehensive Crime Prevention through Environmental Design (CPTED) report at Development Application stage and ensure that building design implements CPTED principles; and

10 Ensuring that podium landscaping makes a positive contribution to public and private domain.

(g) That, prior to exhibition of the draft DCP, Council consult with the landowners of 385 Church Street on the draft DCP about the controls pertaining to their land.

(h) That the exhibition of the Planning Proposal and DCP need not occur concurrently.

(i) Further, that Council delegates to the Chief Executive Officer to make any changes of a minor, administrative and/or non-policy nature that may arise during progression of the relevant Planning Proposal.

PLANNING PROPOSAL TIMELINE

SITE DESCRIPTION AND SURROUNDS

1. Council is processing a Planning Proposal for land at 355-375 Church St, Parramatta (shown in Figure 1 below).

Figure 1: Subject site at 355 and 375 Church Street and surrounding context

Source: Council’s internal mapping with annotations from Council officers

2. Existing development on the site includes a retail/commercial building (corner of Victoria Road/Church Street), a McDonald’s restaurant (including surface parking and drive-through with vehicle access to both Victoria Road and Ross Street) and a two-storey office building (facing Ross Street).

3. The site is adjacent to the Parramatta Light Rail (PLR) Stage 1 corridor running North-South along Church Street. The site is directly across Victoria Road from the State Heritage Item Prince Alfred Square. It is also near a number of other State and Local listed items, including State Heritage Item St Patrick’s Cathedral, presbytery and precinct (and potential archaeological site).

4. The Planning Proposal site does not include 385 Church Street, located at the southwest corner of the Ross/Church Street intersection. The existing development at 385 Church Street is a three-storey retail/commercial building.

COUNCIL’S PREVIOUS CONSIDERATION OF PLANNING PROPOSAL

5. Council considered the initial assessment of this Planning Proposal on 13 July 2020 and resolved (amongst other things) to send the Planning Proposal to the Department of Planning, Industry and Environment (DPIE) for a Gateway determination.

6. The Planning Proposal that Council endorsed was generally consistent with the provisions of the Parramatta CBD Planning Proposal, with the exception that it established a bespoke parking rate for the land use “Takeaway Fast Food and Drink Premises” at this site. The provisions included as part of the Planning Proposal sent for Gateway determination are summarised as follows:

a. Height: consistent with the Prince Alfred Square Solar Access Plane.

b. FSR: 7.2 FSR [comprising 6:1 Incentive FSR control, 0.9:1 Design Excellence bonus, and 0.3:1 [or 5%] High Performing Buildings bonus].

c. Residential and commercial parking rates consistent with the CBD Planning Proposal.

d. Bespoke parking rate for Takeaway Food and Drink Premises land use as follows: 1 parking space per 30 sqm of gross floor area of all Takeaway Food and Drink Premises, or a maximum of 30 parking spaces, whichever is less, as well as a sunset clause ending the application of this provision after 5 years from the date of notification of the amendment.

7. On 13 July 2020, Council also resolved to prepare a draft Development Control Plan (DCP) and draft Planning Agreement for this site.

GATEWAY DETERMINATION AND POST GATEWAY REVIEW PROCESS

8. The Planning Proposal received a Gateway determination from DPIE on 13 November 2020. The Gateway determination required changes to the Planning Proposal that conflicted with the position supported by Council and the Applicant on two key matters, namely in that its conditions required:

a. inclusion of the neighbouring isolated site (385 Church St); and

b. removal of the parking rate for Takeaway Fast Food and Drink Premises land use.

9. In response to the Gateway determination, the Applicant pursued a Post-Gateway Review process through the Independent Planning Commission (IPC) to amend both of the abovementioned Gateway conditions. The IPC ultimately supported the Council and Applicant supported position, with its advice finding that the Gateway determination should be altered to remove both conditions.

10. DPIE considered the IPC’s advice, and issued a revised Gateway determination (“Gateway alteration”) on 13 May 2021 which removed the abovementioned conditions. Issuance of the Gateway alteration “unlocked” the processes of drafting a DCP and Planning Agreement, and these processes commenced shortly thereafter.

GATEWAY ALTERATION TIMEFRAME

11. The Gateway alteration referred to above also set a timeframe for various stages of the Planning Proposal process as follows:

a. Exhibition by 30 June 2021

b. Reported to Council for finalisation by 31 October 2021

c. Finalised by 31 December 2021.

12. This timeframe was not achievable, particularly given Council’s policy stance that site-specific Planning Proposals not be exhibited unless accompanied by any relevant DCP and Planning Agreement. Council officers and the Applicant both communicated to DPIE that the timeframe set in the Gateway alteration was not reasonable and requested that a more realistic timeframe be set.

13. Council subsequently received correspondence from DPIE (dated 14 July 2021) to the effect that - given the Parramatta CBD Planning Proposal has been submitted for finalisation - DPIE encourages Council to consider refining this proposal to relate only to those matters which are not aligned to the CBD Planning Proposal.

COUNCIL OFFICER RECOMMENDATION

14. Council officers agree with DPIE’s stance outlined above, and recommend as follows for the Planning Proposal and its accompanying processes:

a. Planning Proposal: The Planning Proposal should be simplified by removing those controls which are consistent with the CBD Planning Proposal (as at Attachment 1) and resubmitted to DPIE as a new Planning Proposal seeking a new Gateway determination.

b. Planning Agreement: There is no longer a need for a Planning Agreement at this site as Council has recently resolved to move away from the former Community Infrastructure (“value sharing”) framework for the CBD (which depended on Planning Agreements as the delivery mechanism). The delivery of the non-monetary elements originally sought in the Planning Agreement process can be supported by DCP controls instead and development contributions payable.

c. DCP: A DCP should still be advanced to address unique site-specific issues as provided in the recommendation of this report. Council’s previous principles resolved for the DCP should be revisited and updated based on the progress of the DCP drafting process so far.

15. Attachment 2 contains further details on Council officer’s analysis and recommendation on each of the points outlined in Paragraph 14 above.

CONSULTATION & TIMING

Stakeholder Consultation

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

Date	Stakeholder	Stakeholder Comment	Council Officer Response	Responsibility
May 2021	Council’s Open Space team	City Planning discussed with Council’s Open Space team the timing and scope of works for improvements to Prince Alfred Square (as Council and the Applicant have discussed for some time the potential of applying contributions from this development site towards that project).	This report recommends that Planning Agreement negotiations cease. If the Applicant communicates a preference for dedicating funds to Prince Alfred Square and this aligns with Council’s priorities at DA stage, this issue can be resolved at that time by works provided being offset against development contributions requirements.	City Planning
Extensive consultation May-Sept 2021	Applicant	Summary of key consultation outcomes are discussed in this report.		City Planning
17 June 2021	Heritage Committee	Council’s Heritage Committee was given a brief update on project status, which at that time was that the draft DCP and Planning Agreement were begin negotiated. It was noted that the Committee would be notified of forthcoming exhibition. The Committee did not provide any comments specifically on this project.	The Committee will be notified when the Planning Proposal and/or DCP are on exhibition.	City Planning

Councillor Consultation

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

Date	Councillor	Councillor Comment	Council Officer Response	Responsibility
Councillors will be briefed on this matter in standard pre-Council meeting briefing session	TBD at the briefing session	TBD at the briefing session	TBD at the briefing session or prior to Council meeting	City Planning

FINANCIAL IMPLICATIONS FOR COUNCIL

18. In response to the new contributions framework that Council is progressing for the CBD, this report recommends that Planning Agreement negotiations at this site cease and that infrastructure contributions instead take place at DA stage. Therefore, there are no significant financial implications as a result of this report or the Planning Proposal which it contemplates.

19. Pending a future DA process or processes (the timing and nature of which is unknown), it is expected that Council would receive development contributions in line with the relevant contributions framework in place at that time.

20. As Council officers had undertaken initial action towards negotiating a Planning Agreement for this site in line with Council’s previous resolution, there will be nominal legal fees (estimate: approx. $2,000) that would be recouped from the Applicant that will be covered in existing Council budget allocations.

	FY 21/22	FY 22/23	FY 23/24	FY 24/25
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

Robert Cologna

Land Use Planning Manager

David Birds

Group Manager, City Planning

Richard Sheridan

Chief Financial Officer

Jennifer Concato

Executive Director City Planning and Design

Brett Newman

Chief Executive Officer

Attachments:

1 ⇩	ATTACHMENT 1 - PLANNING PROPOSAL - 355 & 375 Church Street, Parramatta	32 Pages
2 ⇩	ATTACHMENT 2 - FURTHER INFORMATION - COUNCIL OFFICER ANALYSIS AND RECOMMENDATIONS	6 Pages

REFERENCE MATERIAL

Governance Manager		Lord Mayor Clr Bob Dwyer	Chief Executive Officer

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


	Press	Press

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