MINUTES OF THE Meeting of City of Parramatta Council HELD IN THE CLOISTER FUNCTION ROOMS, ST PATRICK’S CATHEDRAL 1 MARIST PLACE, PARRAMATTA ON Monday, 11 October 2021 AT 6.30pm

 

PRESENT

 

The Lord Mayor, Councillor Steven Issa and Councillors Benjamin Barrak, Phil Bradley, Donna Davis, Pierre Esber, Michelle Garrard (Deputy Lord Mayor), Bob Dwyer, Andrew Jefferies (6:32pm), Sameer Pandey, Dr Patricia Prociv, Bill Tyrrell, Andrew Wilson, Lorraine Wearne and Martin Zaiter.

 

1.      OPENING MEETING

 

The Lord Mayor, Councillor Steven Issa, 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.

 

The Lord Mayor further advised that all care will be taken to maintain privacy, however as a visitor in the public gallery, the public should be aware that their presence may be recorded.

 

4.      OTHER RECORDING OF MEETING ANOUNCEMENT

 

As per Council’s Code of Meeting Practice, the recording of the Council Meeting by the public using any device, audio or video, is only permitted with Council permission. Recording a Council Meeting without permission may result in the individual being expelled from the Meeting.

 

5.      CONFIRMATION OF MINUTES

 

 

SUBJECT:         Minutes of the Council Meeting held on 27 September 2021

 

3473

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

 

3474

RESOLVED      (Tyrrell/Bradley)

 

That the request to attend the Ordinary Council Meeting dated 11 October 2021 via remote means submitted by the following Councillors due to personal reasons, be accepted:

-       Councillor Barrak

-       Councillor Pandey.

 

7.      DECLARATIONS OF INTEREST

 

Councillor Barrak declared a pecuniary interest in Item 17.4 – Parramatta CBD Development Control Plan seeking commencement of exhibition, being that he owns land in the North Parramatta precinct.  He retired from the meeting during debate and voting on the matter.

 

Councillor Esber declared a non-pecuniary and less than significant interest in Item 17.4 – Parramatta CBD Development Control Plan seeking commencement of exhibition, being that he owns land that adjoins the area the subject of consideration.  He remained in the Chamber during debate and voting on the matter.

 

Councillor Issa declared a non-pecuniary and less than significant interest in the Rescission Motion for Item 17.6 – Post-exhibition – Site-specific Development Control Plan for land at 89-91 George Street, Parramatta, being that he is appointed to the Sydney Central City Planning Panel and may have determined this matter at the meeting on 4 July 2018.  He retired from the meeting during debate and voting on the rescission motion.

 

Councillor Pandey declared a non-pecuniary and less than significant interest in the Rescission Motion for Item 17.6 – Post-exhibition – Site-specific Development Control Plan for land at 89-91 George Street, Parramatta, being that he is appointed to the Sydney Central City Planning Panel and may have determined this matter at the meeting on 4 July 2018.  He retired from the meeting during debate and voting on the recission motion.

 

Councillor Wilson declared a non-pecuniary and less than significant interest in Item 12.4 – Public Exhibition of Draft Councillor’s Expenses and Facilities Policy (Deferred Item) being that he is a party to legal proceedings and seeking reimbursement of legal expenses.  He retired from the meeting during debate and voting on this matter.

 

Note: Councillor Jefferies arrived at the meeting at 6:32pm during Declarations of Interest.

 

8.      Minutes of the Lord Mayor

 

8.1

SUBJECT          NSW Government's Infrastructure Contributions Reforms

 

REFERENCE   F2019/03630 - D08256113

 

REPORT OF     Lord Mayor, Councillor Steven Issa

 

3475

RESOLVED      (Issa/Wilson)

 

(a)     That Council note a letter from the Lord Mayor has been sent to the Minister for Planning and Public Spaces requesting a meeting to discuss Council’s proposal for transitional provisions, which would allow Council’s proposed new CBD and Outside CBD Contributions Plans to remain in place (Attachment 1).

 

(b)     That Council note the proposal outlined in this letter and the background of this Lord Mayor Minute and endorse them as Council’s position in any subsequent advocacy.

 

(c)     Further, that Council staff continue to engage with NSW Government representatives on the Government’s proposed reforms and provide an update to Councillors on the proposals when more details are available, including advice on potential actions that Council may take to influence those proposals.

 

8.2

SUBJECT          WestInvest key to Parramatta & Western Sydney Recovery

 

REFERENCE   F2019/03630 - D08256279

 

REPORT OF     Lord Mayor, Councillor Steven Issa

 

3476

RESOLVED      (Issa/Tyrrell)

 

(a)     That Council note the NSW Government’s recent announcement of the $5 billion WestInvest fund, and its focus on western and south-western Sydney communities hit hard by COVID-19 lockdowns and other restrictions on economic activity.

 

(b)     That Council note a letter has been sent to the former Treasurer, now Premier, The Hon. Dominic Perrottet MP, advocating for NSW Government investment in critical and community infrastructure in Parramatta as part of the WestInvest Fund.

 

(c)     Further, that Council endorse the Lord Mayor:

i.        continuing to advocate for Parramatta’s essential role in leading the economic and social recovery of the region;

ii.       identifying key projects in the City of Parramatta that contribute to the objectives outlined in paragraph 7;

iii.      advocating to NSW Government that key projects be funded from the WestInvest fund.

 

8.3

SUBJECT          Temporary Outdoor Dining Expansion

 

REFERENCE   F2019/03630 - D08260074

 

REPORT OF     Lord Mayor, Councillor Steven Issa

 

3477

RESOLVED      (Issa/Garrard)

 

(a)     That Council approve the re-introduction of the ‘Covid-19 Relief – Temporary Expansion of Outdoor Dining’ measures to support local food and beverage retailers as they recover from Covid-19 lockdown restrictions.

 

(b)     That the ‘Covid-19 Relief – Temporary Expansion of Outdoor Dining’ measures be in place until 31 March 2022.

 

(c)     Further, that Council note Outdoor Dining Fees – License and Approvals – are currently waived until 31 December 2021 as part of Council’s COVID-19 relief package.

 

8.4

SUBJECT          160th Anniversary of the Proclamation of the Municipality of Parramatta

 

REFERENCE   F2019/03630 - D08261694

 

REPORT OF     Lord Mayor, Councillor Steven Issa

 

3478

RESOLVED      (Issa/Wearne)

 

(a)     That Council note Saturday, 27 November 2021 marks the 160th Anniversary of the proclamation of the ‘Municipality of Parramatta’ on 27 November 1861.

 

(b)     That Council commemorate this anniversary by:

a.      Holding an appropriate civic event on Saturday, 27 November 2021, which includes the unveiling of a commemorative stone or plaque, and a progress tour of 5 Parramatta Square (pending approval of construction partner).

b.      Developing a commemorative series of heritage articles, publications and photos focusing on the history of local government in Parramatta.

 

(c)     Further, that an invitation to this event be extended to Her Excellency the Honourable Margaret Beazley AC QC, Governor of New South Wales, as the formal head state in New South Wales.

 

8.5

SUBJECT          Congratulations to the Hon. Dominic Perrottet MP, Premier of NSW

 

REFERENCE   F2019/03630 - D08262343

 

REPORT OF     Lord Mayor, Councillor Steven Issa

 

3479

RESOLVED      (Issa/Zaiter)

 

That Council send a congratulatory message to the newly elected Premier of NSW, The Hon. Dominic Perrottet MP, Member for Epping.

 

9.      Public Forum

 

9.1

SUBJECT          PUBLIC FORUM 1: Vote of Thanks
(Item 17.8 - Post exhibition Draft Development Control Plan for the Telopea Precinct (Deferred Item))

 

REFERENCE   F2021/00521 - D08260743

 

FROM                 Susan Salt, Alexandra Southgate and Sigrid Rottmann

 

Would like to thank and acknowledge Councillor Pierre Esber and Council Staff David Birds and Bianca Lewis as well as the City of Parramatta Council for their resources. We look forward to positively connecting and working for the Benefit of our whole Community during the construction of the Telopea Redevelopment.

 

STAFF RESPONSE

 

No staff response is provided.

 

9.2

SUBJECT          PUBLIC FORUM 2:  Item 17.4 - Parramatta CBD Development Control Plan seeking commencement of exhibition

 

REFERENCE   F2021/00521 - D08260772

 

FROM                 Adam Byrnes, Think Planners

 

 

I stand before you on behalf of multiple clients, who own multiple properties in the Parramatta CBD, and seek the inclusion of an additional comment into the recommendation before you today.

 

The intent is to allow Council officers the liberty to continue to work with proponents on their Design Competitions and Development Applications, even when there are justifiable and demonstrable reasons to differ from the draft DCP.

 

Think Planners agree with the Council officers and fully support the benefit of a DCP in the planning system.

 

However, our review of the draft DCP confirms that there are several inconsistencies and unworkable elements, when we have applied it to several of the sites we are working on. In fact in some cases the general draft DCP differs from site specific designs that have been endorsed by Council staff previously. These inconsistencies are the logical outcome of a generic document being provided to a detailed scenario site.

 

Accordingly, there needs to be a very clear message sent that the draft DCP is a work in progress and that it is not appropriate to apply it fastidiously while it is a draft document and while it is being tested further.

 

We request that you add the following paragraph to the Recommendation before you this evening –

 

During the exhibition and reporting period, Council staff are to have regard to the draft DCP, however until such time as it is finally adopted it remains a reference document only. It is accepted that the application of the general controls to specific sites will not always result in the best urban design or planning outcome. Council staff and applicants are encouraged to work collaboratively together on the best outcomes for sites, irrespective of the general controls contained in the Draft CBD DCP. The successful framework of the Design Excellence Competition process allows for site specific responses and the subsequent lodgement of Development Applications.

 

STAFF RESPONSE

 

No staff response is provided.

 

9.3

SUBJECT          PUBLIC FORUM 3:  Item 17.7 - Planning Proposal and associated processes - 355 & 375 Church St, Parramatta (Deferred Item)

 

REFERENCE   F2021/00521 - D08260805

 

FROM                 Alison Brown, NSW Planning Manager, Stockland

 

 

As noted in our earlier statement to the meeting of 27 September 2021, Stockland is working with McDonald’s to deliver a high quality mixed use development at 355-375 Church Street, Parramatta.  Throughout the long planning history on the site, there has been consistent agreement about the pressing need to revitalise this landmark site in a very significant location.

 

As previously noted, McDonald’s has operated successfully on the site for decades. Their minimum requirements to support a redevelopment of the site includes the maintenance of a drive-through facility, convenient access to the drive-through, and adequate customer car parking.

 

Stockland and McDonald’s are committed to ensuring both convenient and safe outcomes with respect to the local traffic network, public transport movements, and to enhance pedestrian safety and amenity. In this regard, the proposed arrangement for access to the drive through from Victoria Road and Ross Street represents a significant and marked improvement from the current situation, which is currently a “free-for-all” in terms of left and right turns into and out of the site. It would be highly undesirable to maintain the status quo from a traffic and pedestrian safety perspective, should the redevelopment not proceed.

 

We understand that there are concerns about the potential traffic impacts of the development, including the drive-through. The appropriate was to address these concerns is a requirement for a rigorous, merit-based traffic impact assessment at DA stage. This will allow the detailed design and impacts of the specific development proposal, and any mitigation measures proposed, to be carefully scrutinised by all parties. If the merit assessment fails, the development proposal will need to be revised accordingly.

 

In this regard, Council is also asked to note that the site specific DCP is to contain a clause which identifies queuing, sightlines and pedestrian safety as matters to be thoroughly explored at DA stage.

 

RECOMMENDATION

 

The Planning Proposal before you tonight was previously supported by resolution of Council in July 2020. The July 2020 Council resolution also supported the preparation of a DCP and a VPA.

 

Keeping this context in mind, the recommendation before you tonight has three key aims:

1.      To respond to the Department’s instruction to remove those provisions of the Planning Proposal which are identical to the CBD Planning Proposal, avoiding duplication.

2.      To impose additional safeguards on future development, by increasing the range of matters that must be addressed in the site specific DCP; and

3.      To no longer require a VPA to be entered into. This is because the value sharing proposal has not been supported by the Department and instead a local contribution will be payable, and hence we have been advised that the VPA is no longer required. Despite this, the development of the site will generate significant public benefits, and the proposed s7.12 contribution rate of 5% will result in a higher payment than would have been payable under a VPA. 

 

It is important that all recommendations are adopted to ensure that the planning process can continue in an orderly manner, avoiding further delays.  We therefore endorse the recommendation in the business paper.

 

Thank you for the opportunity to present our submission.

 

STAFF RESPONSE

 

No staff response is provided.

 

10.    Petitions

 

Nil

 

11.    Rescission Motions

 

Nil

 

12.    Fair

 

12.1

SUBJECT          FOR NOTATION: Quarter Four Progress Report - Delivery Program and Operational Plan 2020/21

 

REFERENCE   F2020/03674 - D08017101

 

REPORT OF     Corporate Strategy Manager

 

3480

RESOLVED      (Tyrrell/Esber)

 

That Council receive and note the Quarter Four Progress Report on the Delivery Program 2018-21 (Operational Plan 2020/21).

 

12.2

SUBJECT          FOR NOTATION: Annual Returns for Designated Persons

 

REFERENCE   F2021/00521 - D08228897

 

REPORT OF     Governance Projects Officer

 

3481

RESOLVED      (Tyrrell/Jefferies)

 

(a)     That Council receive and note the Disclosures of Interest and Other Matters in Written Returns attached to this report in accordance with the requirements of Council’s Code of Conduct.

 

(b)     Further, that Council notes the Disclosures of Interest and Other Matters in Written Returns will be included in the Register of Returns Disclosing Interests in accordance with Section 440AAB of the Local Government Act 1993.

 

12.3

SUBJECT          FOR APPROVAL: Interaction between Councillors and Staff Policy (Deferred Item)

 

REFERENCE   F2021/00521 - D08243067

 

REPORT OF     Governance Manager

 

3482

RESOLVED      (Pandey/Esber)

 

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

 

12.4

SUBJECT          FOR APPROVAL: Public Exhibition of Draft Councillors' Expenses and Facilities Policy (Deferred Item)

 

REFERENCE   F2021/00521 - D08243088

 

REPORT OF     Executive Officer

 

 

MOTION             (Garrard/Wearne)

 

(a)     That Council approve an amendment to clause 7.2 of the Councillor Expenses and Facilities Policy to the following effect:

 

          (i)      The CEO may approve the reimbursement of legal costs under this clause capped at an amount of $3,000, in consultation with the Lord Mayor;

 

          (ii)     Reimbursement of legal costs under clause 7.2 does not require council approval under clause 7.5 of this policy.

 

(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.

 

 

Note: Councillor Wilson declared a non-pecuniary and less than significant interest in Item 12.4 and retired from the meeting at 6:58pm. He was not present in the Chamber for the consideration nor vote thereon.

 

 

AMENDMENT  (Barrak/Esber)

 

That consideration of this matter be deferred for further advice from the Office of Local Government.

 

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

 

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

 

3483

RESOLVED      (Garrard/Wearne)

 

(a)     That Council approve an amendment to clause 7.2 of the Councillor Expenses and Facilities Policy to the following effect:

 

          (i)      The CEO may approve the reimbursement of legal costs under this clause capped at an amount of $3,000, in consultation with the Lord Mayor;

 

          (ii)     Reimbursement of legal costs under clause 7.2 does not require council approval under clause 7.5 of this policy.

 

(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.

 

 

Note:

1.      Councillor Davis left the Chamber at 7:05pm and returned at 7:08pm during consideration of Item 12.4.

2.      Councillor Wilson returned to the Chamber at 7:19pm following consideration of Item 12.4.

 

12.5

SUBJECT          LATE REPORT FOR APPROVAL: Digital Donation Program

 

REFERENCE   F2021/00521 - D08253023

 

REPORT OF     Head of IT

 

3484

RESOLVED      (Pandey/Davis)

 

(a)     That Council invite expressions of interest from registered community based organisations within the Parramatta Local Government Area to participate in a Digital Donation Program for the donation of used and unlicensed computers and laptops.

 

(b)     That the results of the expression of interest be reviewed by the Councillor Grants Committee for recommendation to Council.

 

(c)     Further, that Council delegate authority to the Chief Executive Officer to execute all and any documents connected with the Digital Donation program.

 

 

Procedural Motion

 

3485

RESOLVED      (Issa/Garrard)

 

That the meeting be adjourned for five (5) minutes.

 

Note: The meeting was adjourned at 7:24pm for a short recess.

 

 

Procedural Motion

 

3486

RESOLVED      (Issa/Dwyer)

 

That the meeting resume.

 

The meeting resumed at 7:33pm with the following Councillors in attendance: The Lord Mayor, Councillor Steven Issa and Councillors Benjamin Barrak, Bob Dwyer, Phil Bradley, Donna Davis, Pierre Esber, Andrew Jefferies, Sameer Pandey, Dr Patricia Prociv, Bill Tyrrell, Lorraine Wearne, Andrew Wilson and Martin Zaiter.

 

13.    Accessible

 

Nil

 

14.    Green

 

Nil

 

15.    Welcoming

 

Nil

 

16.    Thriving

 

16.1

SUBJECT          FOR APPROVAL: Naming of 5 Parramatta Square

 

REFERENCE   F2021/00521 - D08228710

 

REPORT OF     Group Manager City Assets Parramatta Square

 

 

MOTION             (Davis/Esber)

 

(a)     That Council name the 5 Parramatta Square building “Phive (Parramatta Hive)”.

 

(b)     Further, that Council secure the necessary registrations for the approved name.

 

 

Note: Councillor Garrard returned to the meeting at 7:37pm during consideration of Item 16.1.

 

 

AMENDMENT  (Tyrrell/Garrard)

 

(a)     That Council name the 5 Parramatta Square building “Civic (The Civic Parramatta)”.

 

(b)     Further, that Council secure the necessary registrations for the approved name.

 

The amendment moved by Councillor Tyrrell and seconded by Councillor Garrard on being put was declared LOST.

 

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

 

3487

RESOLVED      (Davis/Esber)

 

(a)     That Council name the 5 Parramatta Square building “Phive (Parramatta Hive)”.

 

(b)     Further, that Council secure the necessary registrations for the approved name.

 

Note:  A Notice of Motion of Rescission signed by Councillors Dwyer, Zaiter and Jefferies was lodged after the close of the meeting in relation to this matter.

 

16.2

SUBJECT          FOR APPROVAL: Outdoor Dining Integration into Renewed Street Activity Policy

 

REFERENCE   F2021/00521 - D07955781

 

REPORT OF     Place Manager

 

3488

RESOLVED      (Esber/Zaiter)

 

(a)     That Council approve the retiring of the Outdoor Dining Policy (POLICY236).

 

(b)     Further, that Council approve the updated Street Activity Policy (POLICY351), inclusive of Guidelines for Outdoor Dining areas.

 

 

Note:

1.         Councillor Davis left the Chamber at 8:24pm and returned at 8:26pm during consideration of Item 16.2.

2.         Councillor Garrard left the Chamber at 8:30pm and returned at 8:32pm during consideration of Item 16.2.

 

17.    Innovative

 

17.1

SUBJECT          FOR NOTATION: Minutes of the Smart City Advisory Committee Meeting held on 31 August 2021

 

REFERENCE   F2017/00685 - D08218265

 

REPORT OF     Project Officer

 

3489

RESOLVED      (Tyrrell/Garrard)

 

That Council note the minutes of the Smart City Advisory Committee meeting held on 31 August 2021 (provided at Attachment 1).

 

17.2

SUBJECT          FOR APPROVAL: Update of Parramatta Floodplain Risk Management Plans

 

REFERENCE   F2021/00521 - D08171431

 

REPORT OF     Snr Project Officer Land Use; Senior Project Officer Waterways; Team Leader –Land Use Planning

 

3490

RESOLVED      (Prociv/Tyrrell)

 

(a)      That Council approve the Update of Parramatta Floodplain Risk Management Plans contained at Attachment 2 and that the document be forwarded to the Department of Planning, Industry and Environment to support the finalisation of the Parramatta CBD Planning Proposal.

 

(b)      That Council note the extensive stakeholder consultation undertaken in relation to the preparation of this document, as articulated in this report.

 

(c)       Further, that Council note the submissions table at Attachment 3, which summarises submissions received during the public exhibition that raised flooding related issues, as well as written public forum statements that raised flooding issues, together with the Council officer responses.

 

17.3

SUBJECT          FOR APPROVAL: Submission on the Draft Directions Paper for Camellia-Rosehill Place Strategy

 

REFERENCE   F2021/00521 - D08230276

 

REPORT OF     Senior Project Officer Land Use

 

 

MOTION             (Esber/Garrard)

 

(a)      That Council approve the draft submission to the Directions Paper for Camellia-Rosehill Place Strategy at Attachment 1, which includes but is not limited to the following key matters: aligning growth with infrastructure; roles and responsibilities in infrastructure delivery and funding; and inclusion of a new (or as a minimum, provision for) Metro station in Camellia-Rosehill.

 

(b)      Further, that Council forward the submission to the NSW Department of Planning, Industry and Environment (DPIE) for its consideration.

 

 

AMENDMENT  (Prociv/Bradley)

 

(a)      That Council approve the draft submission to the Directions Paper for Camellia-Rosehill Place Strategy at Attachment 1, which includes but is not limited to the following key matters: aligning growth with infrastructure; roles and responsibilities in infrastructure delivery and funding; and inclusion of a new (or as a minimum, provision for) Metro station in Camellia-Rosehill.

 

(b)      That the submission to the Directions Paper highlights the need to undertake a precinct-wide remediation strategy that identifies works that will be required to be carried out to enhance and protect the water quality of Duck River/Duck Creek and the Parramatta River, and to clean up local foreshore areas.

 

(c)       That the submission to the Directions Paper emphasises the importance of the timely delivery of key social infrastructure such as schools, community facilities and recreation spaces to meet the needs of incoming residents and workers.

 

(d)      That Council forward the submission to the NSW Department of Planning, Industry and Environment (DPIE) for its consideration.

 

(e)      Further, that the Lord Mayor make a direct submission to the Minister for Planning, Industry and Environment on behalf of Council.

 

The amendment moved by Councillor Prociv and seconded by Councillor Bradley was accepted by Councillor Esber as the mover of the original motion.

 

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

 

3491

RESOLVED      (Esber/Garrard)

 

(a)      That Council approve the draft submission to the Directions Paper for Camellia-Rosehill Place Strategy at Attachment 1, which includes but is not limited to the following key matters: aligning growth with infrastructure; roles and responsibilities in infrastructure delivery and funding; and inclusion of a new (or as a minimum, provision for) Metro station in Camellia-Rosehill.

 

(b)      That the submission to the Directions Paper highlights the need to undertake a precinct-wide remediation strategy that identifies works that will be required to be carried out to enhance and protect the water quality of Duck River/Duck Creek and the Parramatta River, and to clean up local foreshore areas.

 

(c)       That the submission to the Directions Paper emphasises the importance of the timely delivery of key social infrastructure such as schools, community facilities and recreation spaces to meet the needs of incoming residents and workers.

 

(d)      That Council forward the submission to the NSW Department of Planning, Industry and Environment (DPIE) for its consideration.

 

(e)      Further, that the Lord Mayor make a direct submission to the Minister for Planning, Industry and Environment on behalf of Council.

 

 

Note:

The Lord Mayor vacated the Chair at 8:35pm during the discussion of the amendment moved by Councillor Prociv.  The Deputy Lord Mayor assumed the Chair.  The Lord Mayor resumed the Chair at 8:38pm during the discussion of the amendment moved by Councillor Prociv.

 

Note: Councillor Barrak declared a pecuniary interest in Item 17.4 and left the Chamber at 8:40pm prior to the consideration of the matter.  He was not present in the Chamber for the consideration nor vote thereon.

 

17.4

SUBJECT          FOR APPROVAL: Parramatta CBD Development Control Plan seeking commencement of exhibition

 

REFERENCE   F2016/01165 - D08191683

 

REPORT OF     Project Officer Urban Design; Team Leader –Land Use Planning; Group Manager City Design

 

 

MOTION             (Tyrrell/Wearne)

 

(a)      That Council approve the draft Parramatta City Centre Development Control Plan at Attachment 1 and consequential amendments at Attachment 5 for the purposes of public exhibition for a 28 day period consistent with the Environmental Planning and Assessment Act 1979, and incorporating the following modifications:

1.         For 90-96 Phillip Street, Parramatta within the City East Block Special Area, noting the lot configuration and land commitments for public purposes, an amended tower setback control be applied that addresses wind, solar access and design objectives and is not less than 3 metres along the Phillip Street, Charles St and River foreshore elevations.  

2.         For the Campbell Street and Great Western Highway Special Area, amended tower setback controls be applied that address wind, solar access and design objectives and is not less than 3 metres along the Great Western Highway frontage.

 

(b)     That the following public authorities are consulted during the public exhibition:

i.        NSW Department of Education;

ii.       Transport for NSW;

iii.      Sydney Metro West;

iv.      Department of Planning, Industry and Environment – (both Planning and Environment, Energy and Science Branches);

v.       Heritage NSW – Department of Premier and Cabinet;

vi.      Aerospace agencies; Civil Aviation Safety Authority (CASA), Department of Infrastructure, Transport, Regional Development and Communication and Regional Development (DIRD);

vii.     Utility providers – Endeavour Energy and Sydney Water; and

viii.    State Emergency Service (SES).

 

(c)     That the results of the public exhibition be reported back to Council for its consideration.

 

(d)     Further, that Council delegates authority to the Chief Executive Officer to make any changes of a minor, administrative and/or non-policy nature to the DCP during the drafting exhibition process. 

 

 

AMENDMENT  (Esber/Garrard)

 

(a)      That Council approve the draft Parramatta City Centre Development Control Plan at Attachment 1 and consequential amendments at Attachment 5 for the purposes of public exhibition for a 28 day period consistent with the Environmental Planning and Assessment Act 1979, and incorporating the following modifications:

1.         For 90-96 Phillip Street, Parramatta within the City East Block Special Area, noting the lot configuration and land commitments for public purposes, an amended tower setback control be applied that addresses wind, solar access and design objectives and is not less than 3 metres along the Phillip Street, Charles St and River foreshore elevations.  

2.         For the Campbell Street and Great Western Highway Special Area, amended tower setback controls be applied that address wind, solar access and design objectives and is not less than 3 metres along the Great Western Highway frontage.

3.         Defer controls relating to 73 and 75 George Street for a meeting to be held between the landowners and the Chief Executive Officer and Executive Director City Planning & Design prior to these controls being reported to Council on 25 October 2021 seeking endorsement for public exhibition purposes.

 

(b)     That the following public authorities are consulted during the public exhibition:

i.        NSW Department of Education;

ii.       Transport for NSW;

iii.      Sydney Metro West;

iv.      Department of Planning, Industry and Environment – (both Planning and Environment, Energy and Science Branches);

v.       Heritage NSW – Department of Premier and Cabinet;

vi.      Aerospace agencies; Civil Aviation Safety Authority (CASA), Department of Infrastructure, Transport, Regional Development and Communication and Regional Development (DIRD);

vii.     Utility providers – Endeavour Energy and Sydney Water; and

viii.    State Emergency Service (SES).

 

(c)     That the results of the public exhibition be reported back to Council for its consideration.

 

(d)     Further, that Council delegates authority to the Chief Executive Officer to make any changes of a minor, administrative and/or non-policy nature to the DCP during the drafting exhibition process.

 

 

FORESHADOWED AMENDMENT    (Davis/)

 

(a)      That Council approve the draft Parramatta City Centre Development Control Plan at Attachment 1 and consequential amendments at Attachment 5 for the purposes of public exhibition for a 28 day period consistent with the Environmental Planning and Assessment Act 1979, and incorporating the following modifications:

1.     For 90-96 Phillip Street, Parramatta within the City East Block Special Area, noting the lot configuration and land commitments for public purposes, an amended tower setback control be applied that addresses wind , solar access and design objectives and is not less than 3 metres along the Phillip Street, Charles St and River foreshore elevations.

 

(b)      That the following public authorities are consulted during the public  exhibition:

i.        NSW Department of Education;

ii.       Transport for NSW;

iii.      Sydney Metro West;

iv.      Department of Planning, Industry and Environment – (both Planning and Environment, Energy and Science Branches);

v.       Heritage NSW – Department of Premier and Cabinet;

vi.      Aerospace agencies; Civil Aviation Safety Authority (CASA), Department of Infrastructure, Transport, Regional Development and Communication and Regional Development (DIRD);

vii.     Utility providers – Endeavour Energy and Sydney Water; and

viii.    State Emergency Service (SES).

 

(c)     That the results of the public exhibition be reported back to Council for its consideration.

 

(d)     Further, that Council delegates authority to the Chief Executive Officer to make any changes of a minor, administrative and/or non-policy nature to the DCP during the drafting exhibition process. 

 

The foreshadowed amendment moved by Councillor Davis was accepted by Councillor Tyrrell as the mover of the original motion.

 

MOTION             (Tyrrell/Wearne)

 

(a)      That Council approve the draft Parramatta City Centre Development Control Plan at Attachment 1 and consequential amendments at Attachment 5 for the purposes of public exhibition for a 28 day period consistent with the Environmental Planning and Assessment Act 1979, and incorporating the following modifications:

1.         For 90-96 Phillip Street, Parramatta within the City East Block Special Area, noting the lot configuration and land commitments for public purposes, an amended tower setback control be applied that addresses wind, solar access and design objectives and is not less than 3 metres along the Phillip Street, Charles St and River foreshore elevations.

 

(b)      That the following public authorities are consulted during the public exhibition:

i.        NSW Department of Education;

ii.       Transport for NSW;

iii.      Sydney Metro West;

iv.      Department of Planning, Industry and Environment – (both Planning and Environment, Energy and Science Branches);

v.       Heritage NSW – Department of Premier and Cabinet;

vi.      Aerospace agencies; Civil Aviation Safety Authority (CASA), Department of Infrastructure, Transport, Regional Development and Communication and Regional Development (DIRD);

vii.     Utility providers – Endeavour Energy and Sydney Water; and

viii.    State Emergency Service (SES).

 

(c)       That the results of the public exhibition be reported back to Council for its consideration.

 

(d)      Further, that Council delegates authority to the Chief Executive Officer to make any changes of a minor, administrative and/or non-policy nature to the DCP during the drafting exhibition process.

 

 

FORESHADOWED AMENDMENT    (Garrard/Pandey)

 

(a)      That Council approve the draft Parramatta City Centre Development Control Plan at Attachment 1 and consequential amendments at Attachment 5 for the purposes of public exhibition for a 28 day period consistent with the Environmental Planning and Assessment Act 1979, and incorporating the following modifications:

1.         For 90-96 Phillip Street, Parramatta within the City East Block Special Area, noting the lot configuration and land commitments for public purposes, an amended tower setback control be applied that addresses wind, solar access and design objectives and is not less than 3 metres along the Phillip Street, Charles St and River foreshore elevations.  

2.         Defer controls relating to Campbell Street and Great Western Highway Special Area, amended tower setback controls be applied that address wind, solar access and design objectives and is not less than 3 metres along the Great Western Highway frontage.

3.         Defer controls relating to 73 and 75 George Street for a meeting to be held between the landowners and the Chief Executive Officer and Executive Director City Planning & Design prior to these controls being reported to Council on 25 October 2021 seeking endorsement for public exhibition purposes.

 

(b)     That the following public authorities are consulted during the public exhibition:

i.        NSW Department of Education;

ii.       Transport for NSW;

iii.      Sydney Metro West;

iv.      Department of Planning, Industry and Environment – (both Planning and Environment, Energy and Science Branches);

v.       Heritage NSW – Department of Premier and Cabinet;

vi.      Aerospace agencies; Civil Aviation Safety Authority (CASA), Department of Infrastructure, Transport, Regional Development and Communication and Regional Development (DIRD);

vii.     Utility providers – Endeavour Energy and Sydney Water; and

viii.    State Emergency Service (SES).

 

(c)     That the results of the public exhibition be reported back to Council for its consideration.

 

(d)     That Council delegates authority to the Chief Executive Officer to make any changes of a minor, administrative and/or non-policy nature to the DCP during the drafting exhibition process.

 

 

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

 

The foreshadowed amendment moved by Councillor Garrard and seconded by Councillor Pandey became the amendment and was subsequently WITHDRAWN.

 

 

AMENDMENT  (Esber/Garrard)

 

That Council defer consideration of this matter for a period of two (2) weeks.

 

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

 

DIVISION           A division was called, the result being:-

 

AYES:                Councillors Dwyer, Esber, Garrard, Pandey and Wilson

 

NOES:                Councillors Bradley, Davis, Issa, Jefferies, Prociv, Tyrrell, Wearne and Zaiter

 

The motion moved by Councillor Tyrrell and seconded by Councillor

Wearne on being put was declared CARRIED.

 

DIVISION           A division was called, the result being:-

 

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

 

NOES:                Councillors Esber and Wilson

 

3492

RESOLVED      (Tyrrell/Wearne)

 

(a)      That Council approve the draft Parramatta City Centre Development Control Plan at Attachment 1 and consequential amendments at Attachment 5 for the purposes of public exhibition for a 28 day period consistent with the Environmental Planning and Assessment Act 1979, and incorporating the following modifications:

1.         For 90-96 Phillip Street, Parramatta within the City East Block Special Area, noting the lot configuration and land commitments for public purposes, an amended tower setback control be applied that addresses wind, solar access and design objectives and is not less than 3 metres along the Phillip Street, Charles St and River foreshore elevations.

 

(b)      That the following public authorities are consulted during the public exhibition:

i.        NSW Department of Education;

ii.       Transport for NSW;

iii.      Sydney Metro West;

iv.      Department of Planning, Industry and Environment – (both Planning and Environment, Energy and Science Branches);

v.       Heritage NSW – Department of Premier and Cabinet;

vi.      Aerospace agencies; Civil Aviation Safety Authority (CASA), Department of Infrastructure, Transport, Regional Development and Communication and Regional Development (DIRD);

vii.     Utility providers – Endeavour Energy and Sydney Water; and

viii.    State Emergency Service (SES).

 

(c)       That the results of the public exhibition be reported back to Council for its consideration.

 

(d)      Further, that Council delegates authority to the Chief Executive Officer to make any changes of a minor, administrative and/or non-policy nature to the DCP during the drafting exhibition process.

 

 

Procedural Motion

 

3493

RESOLVED      (Issa/Wilson)

 

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

 

Note: The meeting was adjourned at 9:01pm for a short recess.

 

 

Procedural Motion

 

3494

RESOLVED      (Issa/Davis)

 

That the meeting resume.

 

The meeting resumed at 9:10pm with the following Councillors in attendance: The Lord Mayor, Councillor Steven Issa and Councillors Bob Dwyer, Phil Bradley, Donna Davis, Pierre Esber, Michelle Garrard (Deputy Lord Mayor), Andrew Jefferies, Sameer Pandey, Dr Patricia Prociv, Bill Tyrrell, Andrew Wilson, Lorraine Wearne and Martin Zaiter.

 

17.5

SUBJECT          FOR APPROVAL: Post-exhibition - Amended Melrose Park North Planning Proposal, Draft Site-Specific Development Control Plan and Draft Planning Agreement

 

REFERENCE   F2021/00521 - D08203219

 

REPORT OF     Senior Project Officer Land Use Planning

 

3495

RESOLVED      (Esber/Tyrrell)

 

(a)     That Council receives and notes the submissions (summarised in Attachment 2) made during the concurrent public exhibition of:

·                the amended Melrose Park North Planning Proposal.

·                the draft objectives and controls to be included the Parramatta Development Control Plan 2011, the Draft Planning Agreement.

 

(b)     That Council approve the Melrose Park North Planning Proposal for finalisation (provided at Attachment 4) that seeks to amend Parramatta Local Environmental Plan 2011 as follows:

1)      Rezone 38-42, 44 & 44a Wharf Road, Melrose Park from IN1 General Industrial to part R4 High Density Residential, part B2 Local Centre, part RE1 Public Recreation and part SP2 Infrastructure (Educational Establishment).

2)      Rezone 27-29 Hughes Avenue, Ermington from R2 Low Density Residential to R4 High Density Residential.

3)      Rezone 15-19 Hughes Avenue and 655 Victoria Road from part R2 Low Density Residential and part SP1 Special Activities (Place of Public Worship) to part R4 High Density Residential and part RE1 Public Recreation.

4)      Rezone 8 Wharf Road, Melrose Park from IN1 General Industrial to part R4 High Density Residential and part RE1 Public Recreation.

5)      Amend the height of buildings map to increase the maximum building heights from part 9m and part 12m to multiple heights ranging from 36m to 95m (approx. 6-8 storeys to approx. 26 storeys).

6)      Amend the floor space ratio (FSR) from part 0.5:1 and part 1:1 to 1.85:1.

7)      Amend the Land Reservation Acquisition Map to reflect areas of public open space to be dedicated to Council and land for the new school site to the State Government.

8)      Amend Schedule 1- Additional Permitted Uses to permit ‘Residential flat buildings’ in the B2 Local Centre zone where the minimum 30,000m2 of retail/commercial floorspace is achieved.

9)      Amend the Additional Local Provisions map to include the site and insert a site-specific provision in Part 6 Additional local provisions – generally of PLEP 2011 to ensure:

9.1) That Design Excellence Competition provisions be inserted applicable to development lots E, EA and G (identified in Figure 8 of Attachment 1) without the provision of floor space and height bonuses.

9.2) That a Design Excellence Panel be appointed to provide design advice for all development applications within the Planning Proposal area of the northern precinct. Floor space and height bonuses are not to be awarded on any development lot.

9.3) The total residential gross floor area within the planning proposal site does not exceed 481,340m2.

9.4)   A minimum of 30,000m2 of non-residential floor space is provided within the site to serve the retail and commercial needs of the incoming population.

10)    Include a provision that prevents the planning proposal sites from utilising the amended planning controls until such time that a planning agreement has been executed and registered on the respective Title.

 

(c)     That Council forward the Melrose Park North Planning Proposal to the Department of Planning, Industry and Environment for finalisation.

 

(d)     That Council approve for finalisation the amendments to the Parramatta Development Control Plan 2011 that are included at Attachment 5.

 

(e)     That Council endorse the Planning Agreement associated with the Payce landholding included at Attachment 6.

 

(f)      That Council resolves to consider the Planning Agreements associated with The Ermington Gospel Trust site at 15-19 Hughes Avenue & 655 Victoria Road, Ermington and Jae My Holdings site at 8 Wharf Road, Melrose Park separately.

 

(g)     That Council authorises the Chief Executive Officer to make any minor amendments and corrections of a non-policy and administrative nature that may arise during the plan amendment process relating to the Planning Proposal, Development Control Plan and Planning Agreement.

 

(h)     Further, that Council note the Local Planning Panel considered the Planning Proposal and draft DCP at its meeting of 17 August 2021 and recommended that the following additional matters be considered by Council:

i.        Appropriate provisions need to be drafted and incorporated into the draft DCP that reference the Master Plan and Public Domain Plan and clearly identify key requirements of these plans including where direct access to the frontage roads is restricted.

ii.       Appropriate provisions need to be drafted and incorporated into the draft DCP to demonstrate the adequacy and purpose of public open space areas to provide both active and passive recreational opportunities within the precinct.

iii.      The framework for the water management strategy needs to be incorporated into the draft DCP to provide adequate guidance for detailed design of the stormwater infrastructure to be provided within the precinct.

iv.      Appropriate provisions need to be drafted and incorporated into the draft DCP to provide clarity around setting podium heights and associated setbacks to ensure consistency across the precinct.

v.       Appropriate provisions need to be drafted and incorporated into the DCP to reflect the proposed staging of development as provided for within the relevant Voluntary Planning Agreements.

 

The motion moved by Councillor Esber and seconded by Councillor Tyrrell on being put as declared CARRIED on the Lord Mayor’s casting vote.

 

DIVISION           A division was called, the result being:-

 

AYES:                Councillors Dwyer, Esber, Garrard, Issa, Jefferies, Tyrrell and Zaiter

 

NOES:                Councillors Barrak, Bradley, Davis, Pandey, Prociv, Wearne and Wilson

 

 

Note:  Councillor Barrak returned to the meeting at 9:11pm during consideration of Item 17.5.

 

17.6

SUBJECT          FOR APPROVAL: Post-exhibition - Site-specific Development Control Plan for land at 89-91 George Street, Parramatta

 

REFERENCE   F2020/02876 - D08213424

 

REPORT OF     Project Officer-Land Use Planning

 

3496

RESOLVED      (Garrard/Tyrrell)

 

(a)     That Council receives and notes the submissions made to the exhibition of the draft Development Control Plan (DCP) for 89-91 George Street, Parramatta.

 

(b)     That Council finalise the draft DCP as amended at Attachment 1.

 

(c)     Further, that Council delegates authority to the CEO to make amendments of a minor and non-policy nature to the draft DCP during the finalisation process.

 

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

 

DIVISION           A division was called, the result being:-

 

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

 

NOES:                Councillors Barrak, Bradley, Davis, Prociv, Wearne and Wilson

 

Note:  A Notice of Motion of Rescission signed by Councillors Davis, Prociv and Esber was lodged prior to the close of the meeting.  The Rescission Motion was considered by Council prior to moving into Closed Session.

 

17.7

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

 

REFERENCE   F2021/00521 - D08243011

 

REPORT OF     Team Leader –Land Use Planning

 

 

MOTION             (Garrard/Tyrrell)

 

(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.

 

 

AMENDMENT  (Wilson/Wearne)

 

(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 Street, Parramatta, be amended to remove provisions consistent with the CBD Planning Proposal, while retaining the provision pertaining to a bespoke parking rate for takeaway food and drink premises at this site but that the proposed takeaway food and drink premises drive through facility be removed from the Planning Proposal.

 

(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.      Requiring that no drive-through facility is provided at the site;

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.

 

The amendment moved by Councillor Wilson and seconded by Councillor Wearne on being put was declared CARRIED.

 

DIVISION           A division was called, the result being:-

 

AYES:                Councillors Barrak, Bradley, Davis, Dwyer, Esber, Pandey, Prociv, Wearne and Wilson

 

NOES:                Councillors Garrard, Issa, Jefferies, Tyrrell and Zaiter

 

The amendment then became the motion.

 

The motion moved by Councillor Wilson and seconded by Councillor Wearne on being put was declared CARRIED.

 

DIVISION           A division was called, the result being:-

 

AYES:                Councillors Barrak, Bradley, Davis, Dwyer, Esber, Issa, Pandey, Prociv, Wearne and Wilson

 

NOES:                Councillors Garrard, Jefferies, Tyrrell and Zaiter

 

3497

RESOLVED      (Wilson/Wearne)

 

(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 Street, Parramatta, be amended to remove provisions consistent with the CBD Planning Proposal, while retaining the provision pertaining to a bespoke parking rate for takeaway food and drink premises at this site but that the proposed takeaway food and drink premises drive through facility be removed from the Planning Proposal.

 

(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.      Requiring that no drive-through facility is provided at the site;

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.

 

17.8

SUBJECT          FOR APPROVAL: Post exhibition Draft Development Control Plan for the Telopea Precinct (Deferred Item)

 

REFERENCE   F2021/00521 - D08243046

 

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

 

3498

RESOLVED      (Garrard/Tyrrell)

 

(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.

 

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

 

DIVISION           A division was called, the result being:-

 

AYES:                Councillors Barrak, Dwyer, Garrard, Issa, Jefferies, Tyrrell, Wearne and Zaiter

 

NOES:                Councillors Bradley, Davis, Esber, Pandey, Prociv and Wilson

 

18.    Notices of Motion

 

Nil

 

19.    Questions with Notice

 

19.1

SUBJECT          QUESTION WITH NOTICE: Questions Taken on Notice from Council Meeting - 27 September 2021

 

REFERENCE   F2021/00521 - D08248758

 

FROM                 Governance Manager

 

 

QUESTIONS TAKEN ON NOTICE FROM THE COUNCIL MEETING OF 27 SEPTEMBER 2021

 

Item 12.8 – Proposed extension of current COVID Relief Package

 

Question from Councillor Garrard

 

During discussion on the amendment moved by Councillor Pandey in relation to the proposed introduction of a used computers and laptops digital donation program, Councillor Garrard asked the following question:

 

What is the policy on disposing used computers and laptops?

 

Executive Director Corporate Services Response

 

Council’s Information Technology (IT) Policy pertaining to the management of assets does not specifically refer to the disposal of IT equipment.  The IT Policy states:

 

4.5 Information Technology (IT) Asset Management Policies

 

City of Parramatta Council’s IT assets must be managed in the following way:

 

(a)     IT assets with attractive resale potential shall be managed

(b)     City of Parramatta Council will maintain an inventory of assets including hardware, software, license and virtual assets.

(c)     Assets maintained in an asset management database will have identified owners

(d)     Acceptable use of assets will be identified, documented and implemented

(e)     Assets will be returned to City of Parramatta Council if employment is terminated

(f)      We will maintain an inventory of our license assets and detect risk of being under-licensed (at risk of a compliance audit) or over-licensed (wasting money on unnecessary software purchases).

(g)     IT assets will be configured to meet a secure configuration baseline.

 

The current practice for the disposal of IT assets involves the engagement of a third party provider to:

i)       remove all data;

ii)      recovery of components for reuse; and

iii)     remove software for license reallocation.

 

Item 12.8 – Proposed extension of current COVID Relief Package

 

Question from Councillor Garrard

 

During discussion on the amendment moved by Councillor Barrak in relation to extending the provision of free parking at Council owned parking stations to mirror the same period as the provision of free parking for parking meters, Councillor Garrard asked the following question:

 

What would be the cost to Council if Council were to provide free parking for the period 24 December to 4 January for Council owned carparks?

 

Executive Director Property & Place Response

 

If Council were to offer free parking for multilevel car parks between 24 December 2021 to 4 January 2022, it would cost Council $93,000 of lost income.

 

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

 

20.    CLOSED SESSION

 

3499

RESOLVED      (Tyrrell/Esber)

 

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

20.1  FOR APPROVAL: Shop 7/4-14 Hunter Street, Parramatta - PARI - Request For Reduction in Rent. (D08213935) - This report is confidential in accordance with section 10A (2) (c) (d) of the Local Government Act 1993 as the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business; AND the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

 

20.1

SUBJECT          FOR APPROVAL: Shop 7/4-14 Hunter Street, Parramatta - PARI - Request For Reduction in Rent

 

REFERENCE   F2021/00521 - D08213935

 

REPORT OF     Space Management Officer

 

3500

RESOLVED      (Prociv/Barrak)

 

(a)     That Council resolve the recommendation of paragraph 25 based on the terms and conditions outlined in this report.

 

(b)     Further, that Council delegate authority to the Chief Executive Officer to sign all documents in connection with this matter.

 

Note:  A Notice of Motion of Rescission signed by Councillors Prociv, Davis and Esber was lodged prior to the close of the meeting and was considered by Council in Closed Session.

 

 

Procedural Motion

 

3501

RESOLVED      (Tyrrell/Wilson)

 

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.

 

RESCISSION Motion

 

Note:  Lord Mayor, Councillor Issa and Councillor Pandey declared a non-pecuniary and less than significant interest in the Rescission Motion for Item 17.6 and retired from the meeting at 9:56pm.  They did not take part in the consideration nor vote thereon.

 

The Deputy Lord Mayor assumed the Chair at 9:56pm.

 

 

SUBJECT          RESCISSION MOTION: Item 17.6 Post-exhibition – Site-specific Development Control Plan for land at 89-91 George Street, Parramatta

 

3502

RESOLVED      (Esber/Prociv)

 

That the resolution of the Council held on 11 October 2021 in relation to Item 17.6 - Post-exhibition – Site-specific Development Control Plan for land at 89-91 George Street, Parramatta, namely:

 

(a)     That Council receives and notes the submissions made to the exhibition of the draft Development Control Plan (DCP) for 89-91 George Street, Parramatta.

 

(b)     That Council finalise the draft DCP as amended at Attachment 1.

 

(c)     Further, that Council delegates authority to the CEO to make amendments of a minor and non-policy nature to the draft DCP during the finalisation process.

 

be and is hereby rescinded.

 

DIVISION           A division was called, the result being:-

 

AYES:                Councillors Bradley, Davis, Dwyer, Esber, Garrard, Prociv, Wearne and Zaiter

 

NOES:                Councillors Barrak, Jefferies, Tyrrell and Wilson

 

3503

RESOLVED      (Esber/Tyrrell)

 

(a)     That Council receives and notes the submissions made to the exhibition of the draft Development Control Plan (DCP) for 89-91 George Street, Parramatta.

 

(b)     That Council finalise the draft DCP as amended at Attachment 1.

 

(c)     Further, that Council delegates authority to the CEO to make amendments of a minor and non-policy nature to the draft DCP during the finalisation process.

 

DIVISION           A division was called, the result being:-

 

AYES:                Councillors Barrak, Bradley, Davis, Dwyer, Esber, Garrard, Jefferies, Prociv, Tyrrell and Zaiter

 

NOES:                Councillors Wearne and Wilson

 

CLOSED SESSION

 

3504

RESOLVED      (Wilson/Esber)

 

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

20.1  FOR APPROVAL: Shop 7/4-14 Hunter Street, Parramatta - PARI - Request For Reduction in Rent. (D08213935) - This report is confidential in accordance with section 10A (2) (c) (d) of the Local Government Act 1993 as the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business; AND the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

 

RESCISSION Motion

 

 

SUBJECT          RESCISSION MOTION: Item 20.1 - Shop 7/4-14 Hunter Street, Parramatta - PARI - Request For Reduction in Rent

 

 

MOTION             (Esber/Prociv)

 

That the resolution of the Council held on 11 October 2021 in relation to Item 17.6 - Post-exhibition – Site-specific Development Control Plan for land at 89-91 George Street, Parramatta, namely:

 

(a)     That Council receives and notes the submissions made to the exhibition of the draft Development Control Plan (DCP) for 89-91 George Street, Parramatta.

 

(b)     That Council finalise the draft DCP as amended at Attachment 1.

 

(c)     Further, that Council delegates authority to the CEO to make amendments of a minor and non-policy nature to the draft DCP during the finalisation process.

 

be and is hereby rescinded.

 

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

 

 

Procedural Motion

 

3505

RESOLVED      (Tyrrell/Bradley)

 

That the meeting resume into open session.

 

REPORTS OF RESOLUTIONS PASSED IN CLOSED SESSION

 

The Deputy Lord Mayor read out the outcome of the rescission motion on Item 20.1.

 

22.    CONCLUSION OF MEETING

 

The meeting terminated at 10:06pm.

 

THIS PAGE AND THE PRECEDING 32 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON MONDAY, 11 OCTOBER 2021 AND CONFIRMED ON MONDAY, 25 OCTOBER 2021.

 

 

 

 

 

Chairperson