Agenda of Council - Monday, 25 October 2021

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

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 160^th 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)

RESCISSION Motion

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

MOTION (Esber/Prociv)

(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

Council 25 October 2021 Item 12.2

FAIR

ITEM NUMBER 12.2

SUBJECT FOR APPROVAL: Grants and Donations Policy and 2022 Community Grants - Annual Round

REFERENCE F2021/00521 - D08226515

REPORT OF Community Grants Officer

workshop/briefing date: Councillor Grants Committee meeting Tuesday 14 September 2021; Policy Advisory Committee 21 September 2021.

PURPOSE:

To seek endorsement of the revised Grants and Donations Policy and endorsement of the annual application round process for the 2022 Community Grants.

RECOMMENDATION

(a) That Council adopt the revised Grants and Donations Policy (Attachment 1).

(b) That Council adopt the terms of reference for the Councillor Grants Committee (Attachment 2).

(c) That the annual application round of the 2022 Community Grants proceed with the categories as defined in Attachment 3, and the proposed timeframes identified in this report, which includes the application closing date being at 4pm, Monday 7 March 2022.

(d) That the 2022 Community Grants round is administered according to the Grants and Donations Policy, including outcomes of the assessment process being presented to the Councillor Grants Committee in April 2022 and recommendations being presented to Council in May 2022.

(e) That Council endorses the changes to the Representative Sports Grant category detailed in paragraph 17 of this report.

(f) Further, that Council notes that the Representative Sports Grant category will accept applications at any time, and that the closing dates for the Quarterly Grants categories (Small Grants and Sport and Recreation Grants) be 4pm on the following dates:

i. 2 February 2022

ii. 4 May 2022

iii. 3 August 2022

iv. 2 November 2022.

BACKGROUND

1. In order to achieve its strategic community objectives, Council offers funding to the community through a number of grant programs. These grants are administered under Council’s Grants and Donations Policy which sets out the principles, procedures and responsibilities to ensure that these programs are run in an efficient, effective and ethical manner.

2. The Grants and Donations Policy was first endorsed 12 December 2016. The policy guides grant-making activity made available by City of Parramatta Council, as per Section 356 of the Local Government Act and independent of the regular procurement of goods, works and services. The policy has undergone regular reviews and was amended by Council on 18 December 2017 and 17 December 2018.

3. The Community Grants program is the largest of the grant programs offered by Council. Initiated by the former Parramatta City Council in 2007, the Community Grants provide significant support to many community organisations, volunteer groups, sporting clubs, social enterprises, creative producers and heritage organisations.

4. At its meeting of 18 December 2017, Council established a Councillor Grants Committee that currently comprises Councillors Bradley, Garrard, Pandey, Prociv, Tyrrell, Wearne and Zaiter.

5. The Community Grants program is administered by the Community Capacity Building team within the Social and Community Services unit. The program is aligned with the FAIR community outcome in the Delivery Program and Operational Plan 2020-2021 (F02.1): Greater community capabilities to improve well-being and enhance services to meet the community’s needs.

6. At its meeting of 15 June 2021, Council resolved that $40,000 of unallocated funds from the 2021 Community Grants budget be rolled over to the 2021/2022 Financial Year Community Grants budget, with at least $10,000 being allocated to the Representative Sports Grant program.

ISSUES/OPTIONS/CONSEQUENCES

7. Throughout 2021 the Grants and Donations Policy has undergone a review process. This review has taken into consideration the feedback of the Councillor Grants Committee, the feedback of various internal business units that administer grant programs and feedback received from applicants and recipients in these programs.

8. The Grants and Donations Policy has been revised to be more focused on principles and high-level policy, with specific procedures being moved to a separate operational document.

9. The revised Policy (Attachment 1) has largely remained unchanged from the previous version in content. However, a requirement for a more detailed financial eligibility assessment undertaken by Council’s Finance Team as part of the grant application assessment process has been added to the Policy. This financial eligibility assessment is further defined in the grants procedure document. It is made clear that all applications in the Community Grants Program have to meet the requirements defined in the procedure before they are assessed against the objectives of the program by the relevant assessment panel.

10. Terms of reference for the Councillor Grants Committee (Attachment 2) have also been developed. This brief document provides more clarity of the scope of the Committee than was previously contained within the endorsed Policy.

11. The 2022 Community Grants program has a total value of $530,000. This is offered through a number of categories and application methods, as detailed in Attachment 3. An annual round of five categories will be offered to the community as follows:

Category	Funding pool	Funding cap	Time frame
Community Capacity Building Grants	$255,000	$10,000. Council can award a further amount to a maximum grant of $20,000.	Annual round.
Growing Social Enterprise Grants	$75,000	$25,000	Annual round
Creative Project Leveraging Fund	$60,000	$20,000	Annual round
Parramatta's Heritage and Stories Research Fund	$20,000	$5,000	Annual round
Creative Fellowship Fund	$20,000	One Fellow	Annual round

12. The Community Capacity Building Grants has been increased by $30,000 for this year only, to reflect Council’s resolution of 15 June 2021. Council retains the ability to move that amount to fund in other categories in this program according to the quality of applications received across the annual round.

13. The application period for the 2022 Community Grants annual round will open on Monday 31 January 2022 and close at 4pm, Monday 7 March 2022.

14. The 2022 Community Grants round will be administered according to the revised Grants and Donations Policy, including outcomes of the assessment process being presented to the Councillor Grants Committee in April 2022 and recommendations being presented to Council in May 2022.

15. In addition, three further categories will continue to be offered on a quarterly basis or all-year round, as per the below table.

Category	Funding pool	Funding cap	Time frame
Small Grants Fund	$40,000	$2,000	Quarterly round
Parramatta Sport & Recreation Grants	$30,000	$2,000	Quarterly round
Parramatta Representative Sport Grants	$30,000	$1,000	Open all year

16. The Representative Sport Grants category has been increased by $10,000 for this year only, to reflect Council’s resolution of 15 June 2021.

17. A detailed review has been conducted into the Representative Sport Grants and Sport and Recreation Grants categories, in consultation with the Councillor Grants Committee. As a result, the funding caps for the Representative Sports Grants category has been simplified to a consistent $1,000, regardless of the level of competition. There have also been some broadening of eligible expenditure and improvements to the promotion of these categories.

18. The Community Grants program undergoes a regular process of continuous improvement. This process draws on regular feedback with applicants and recipients. In response to this feedback, Council Officers are developing some changes to the program timeline for future rounds of the Community Grants program. The current Councillor Grants Committee has been briefed on these plans, and the revised timeline will be presented to the new term of Council in 2022. This developing proposal will not affect the administration of the Community Grants program in this current financial year. It is anticipated that the proposed timeline will shift to an application period in July and August each year, with Council decisions and fund disbursements happening in December. Further information will be provided to the new Council for consideration.

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

December 2020 – March 2021

Sports clubs and individuals participating in representative sport.

Feedback provided on the current design of sport related grant categories, the ease of applying and recommendations

Feedback presented to Councillor Grants Committee to inform review.

Social and Community Services / Community Services

Councillor Consultation

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

Date	Councillor	Councillor Comment	Council Officer Response	Responsibility
14 September 2021	Councillor Grants Committee.	Briefed on revised Policy, 2022 Annual Round and changes to Representative Sports Grants. Consistent support provided.	Copy of documents to be shared prior to Policy Advisory Committee meeting.	Social and Community Services / Community Services.
21 September 2021	Policy Review Committee	Recommended Grants and Donations Policy be reported to Council for approval.	Noted.	Social and Community Services / Community Services.

LEGAL IMPLICATIONS FOR COUNCIL

21. There are no legal implications for Council associated with this report. The content of the revised Policy remains in line with the requirements of Section 356 of the Local Government Act.

FINANCIAL IMPLICATIONS FOR COUNCIL

22. All funding associated with the 2022 Community Grants program are allocated within existing endorsed budgets in the Community Services Directorate. Following Council’s resolution of 15 June 2021, budgets were adjusted through the standard quarterly review process to reflect the increase of $40,000 in this current financial year.

23. 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	Nil.

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

Funding Source

CAPEX
CAPEX
External
Internal
Other
Total CAPEX	Nil.

Janice Emmerton-Didlick

Community Grants Officer

Rodrigo Gutierrez

Community Capacity Building Manager

Carolyn Isaac-Dean

Acting Group Manager Social and Community Services

Richard Sheridan

Chief Financial Officer

Jon Greig

Executive Director Community Services

Brett Newman

Chief Executive Officer

Attachments:

1 ⇩	Grants & Donations Policy (revised)	7 Pages
2 ⇩	Councillor Grants Committee - Terms of Reference	1 Page
3 ⇩	Category descriptions in the 2022 Community Grants program	12 Pages

REFERENCE MATERIAL

Council 25 October 2021 Item 14.1

GREEN

ITEM NUMBER 14.1

SUBJECT FOR APPROVAL: George Kendall Riverside Park - Approval of Final Concept Design (NSW DPIE Project)

REFERENCE F2021/00521 - D08233797

REPORT OF Manager Open Space and Natural Resources

workshop/briefing date: 26 May 2021.

PURPOSE:

To seek Council’s endorsement of the George Kendall Riverside Park 100% Concept Design prepared by the NSW Department of Planning, Industry and Environment under the Parks for People program.

RECOMMENDATION

(a) That Council endorses the George Kendall Riverside Park 100% Concept Design (Attachment 2) prepared by the NSW Department of Planning, Industry and Environment (Department) under the Parks for People Program.

(b) Further, that Council notes that the Department will continue to proceed with delivery of park upgrade works (including detail design, procurement and construction) in accordance with the 100% Concept Design Implementation Plan (refer to Sheet SK18 of Attachment 2) and the Project Delivery Agreement (Attachment 1).

BACKGROUND

1. George Kendall Riverside Park is made up of many different Lots that consists of: City of Parramatta Council land, Crown Land and Planning and Ministerial Corporation (PMC) land. As a substantial number of lots are owned by the State Government the site was identified for investment under the Department’s Parks for People Program. This program will undertake capital improvement works to embellish a portion of the park. This arrangement has been formalised through a Project Delivery Agreement. At the completion of this project, the Department will transfer the PMC land to Council via a Land Transfer Agreement. This agreement outlines the terms of transfer of the subject land from PMC to Council.

2. At its meeting on 13 July 2020, Council resolved to enter into a Project Delivery Agreement (Attachment 1) with the Department and Planning Ministerial Corporation (PMC) to enable the Department to undertake park improvement works at George Kendall Riverside Park, The resolution states:

(a) That Council approve the funding and delivery of the park improvement works at George Kendall Riverside Park by the Department of Planning, Industry and Environment NSW (Department) and thank the Department for its significant investment.

(b) That Council approve the Project Delivery Agreement (substantially in the form of Attachment 2) and delegate authority to the CEO to negotiate any amendments to that Project Delivery Agreement that Council’s CEO considers necessary and execute the Project Delivery Agreement, on behalf of Council.

3. The 100% Concept Design has been prepared by the Department under the Parks for People Program for the embellishment of George Kendall Riverside Park, Ermington (Attachment 2). Refer to sheet SK04 of Attachment 2 for the overall site plan. Proposed embellishment works include:

a. A new pedestrian path network,

b. Formalised park entries,

c. Informal open space, picnic and kick-a-bout areas

d. A learn to ride space,

e. A shared user space including picnic facilities and tree planting,

f. Pathway lighting,

g. Refurbishment of existing public toilets (near existing playground),

h. Separation of pedestrian and cyclist paths for sections of the Parramatta Valley Cycleway,

i. Outdoor fitness stations,

j. Upgraded off-leash dog area including edge treatments and surface restoration,

k. Sandstone block terracing,

l. Tree planting,

m. Areas of native vegetation establishment and restoration,

n. A small hilltop lookout with views over the Parramatta River,

o. A network of constructed wetlands and boardwalks to capture and treat stormwater,

p. Vehicle entry loop with pedestrian access and car parking,

q. 90 degree on-street car parking bays on Gregory Street,

r. Water Sensitive Urban Design (WSUD) initiatives,

s. Remediation/ capping of landfill as required to meet current standards.

4. In alignment with the Project Delivery Agreement, the embellishment works at George Kendall Riverside Park will be wholly managed and delivered by the Department at the Department’s cost. The Department has allocated a total budget of $10 Million for this project, which includes design, consultancy and construction costs.

5. The Project Delivery Agreement sets out a process for Council to be involved in the project including review and feedback on the concept design and detailed design plans that will be developed as part of the project. The Department must use best endeavors to incorporate Council’s feedback and comments during this process. It also ensured that community consultation was undertaken to inform the final design outcome.

ISSUES/OPTIONS/CONSEQUENCES

6. In accordance with Schedule 2 of the Project Delivery Agreement, the Department is required to obtain ‘formal endorsement’ of the 100% Concept Design from Council. Following endorsement, the Department will undertake detail design, procurement and construction of embellishment works. These phases will be wholly managed and delivered by the Department at the Department’s cost.

7. In accordance with Schedule 2 of the Project Delivery Agreement, Council staff will continue to provide project review and comment at specified hold points. These are:

a. 50% Detailed Design

b. 80% Detailed Design

c. 95% Detailed Design

d. 100% Detailed Design

8. The Department will also be required to receive endorsement from Council at 100% Detailed Design. As the tender process is managed by the Department, Council will not be responsible for any tender approval however Council staff will be involved in the tender evaluation process.

9. The George Kendall Riverside Park 100% Concept Design was informed through a process of detailed investigation of the current park’s physical condition, community consultation, and technical analysis. The concept design is largely in line with the George Kendall Riverside Park Masterplan adopted by Council on 27 January 2012 (Attachment 3).

10. Council’s participation in the design of the embellishment works have been in accordance with Clause 5 of the Project Delivery Agreement, which outlines Council’s involvement in the selection of design consultants and design review stages, and Clause 3 that outlines Council’s participation in a Project.

11. Embellishment works focus on the central and eastern areas of the park that are not currently activated.

12. It should be noted that the Department will not be implementing all works in the concept plan. The works listed below are out of scope under this project (refer to page SK18 and SK19 of Attachment 2):

a. New sports fields including in-field drainage, irrigation and lighting,

b. New sports pavilion building to service existing and proposed sports fields.

13. Delivery of any un-funded embellishment works will be the responsibility of Council as funding sources become available. Under the Project Delivery Agreement, Council is not committed to deliver any unfunded embellishment works shown on the 100% Concept Design.

14. The Department must ensure that all new works including remediation of contamination are undertaken to current government regulations and Australian Standards. Specific details regarding remediation will be developed during the detail design phase in consultation with Council’s Contaminated Lands Officer.

CONSULTATION & TIMING

Stakeholder Consultation

15. The 100% Concept Design was amended and developed through the key phases below. A summary of outcomes for Phases 1 and 2 are provided in Attachment 4.

a. Phase 1 Consultation (Initial Engagement)

b. Phase 2 Consultation (Presentation of Draft Concept Design)

c. Phase 2.5 Consultation (Car parking options)

16. The Department of Planning, Industry and Environment were responsible for the planning, delivery and management of all phases of community consultation, with support provided by staff from Council.

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

Date

Stakeholder

Stakeholder Comment

Council Officer Response

Responsibility

Phase 1 Consultation (Initial Engagement)

13 October to 3 November 2020

Community

239 responses including 88 online surveys completed and 151 interactive map participants

A workshop with First Nations community leaders was also held on 10 December 2020.

Three community priorities emerged:

1. Activity and Play (variety of physical activities including play)

2. Welcoming and Accessible (safety, paths and amenities)

3. Cool and Natural (shade, vegetation and views).

First Nations leaders provided comment on the importance of the site and future use/ proposals.

This feedback was taken into account in the development of the draft concept design.

Department of Planning, Industry and Environment (Open Space team) in consultation with City of Parramatta Council (Open Space and Natural Resources, and Community Engagement teams).

Workshop with First Nations community leaders was undertaken by AECOM (landscape architects/ design lead) in partnership with

Department of Planning, Industry and Environment.

Phase 2 Consultation (Presentation of Draft Concept Design)

5 March to 29 March 2021

Community

181 responses including 59 online surveys completed, 119 online ‘Design Board’ participants, and 3 written submissions

In the online survey, the community was asked if they thought the draft concept Design was on the right track:

· 5% strongly agreed,

· 33% agreed,

· 33% disagreed,

· 19% strongly disagreed,

· 10% neutral.

Primary reasons for dissatisfaction were:

1. Location and provision of skate park,

2. Safety concerns and traffic impacts of the Vehicle Entry Loop and car parking,

3. No inclusion of water play.

It was also evident that the community was concerned the wetland would become a breeding ground for mosquitos.

Key concepts the community valued were maintaining and enhancing the natural feel of the park (including water trails, wetland and views), the range of inclusive amenities proposed and the improved dog park.

This feedback was taken into account in the development of the final concept design.

Response to primary reasons for dissatisfaction:

1. Skate park to be removed from scope. Learn to Ride track to be included only. Learn to Ride track to be located away from Vehicle Entry Loop/ car parking to prevent conflict between children and vehicles.

2. Further design and consultation required.

3. Provision of water play is inconsistent with Council’s adopted Community Infrastructure Strategy and will not be included in the Final Concept.

Mosquito breeding will be managed through detail design of the wetland. Ways to reduce breeding include:

· Ponds which are deeper and have cleaner, steeper margins,

· Creating more open water,

· Creating habitat for predators,

· Vegetation thinning and management around edges,

· Aeration and sprinkler systems,

· Flooding and drainage regimes.

A meeting with residents living in Gregory Street (adjacent to the park) was proposed to discuss key concerns.

Department of Planning, Industry and Environment (Open Space team) in consultation with City of Parramatta Council (Open Space and Natural Resources, and Community Engagement).

On –site Meeting with residents to address key concerns from Phase 2 Consultation

7 May 2021, 4pm

Approximately 20 residents immediately adjoining the site near the proposed Vehicle Entry Loop and car parking (Gregory Street)

This meeting was also attended by Geoff Lee MP and the Lord Mayor.

Residents expressed concern about the impacts of the proposed upgrades. Primary concerns were noise, traffic and safety concerns relating to the proposed skate park, Vehicle Entry Loop including public vehicle access, and car parking.

Commitment by Geoff Lee MP to undertake additional consultation (Consultation Phase 2.5) specifically related to the function of the Vehicle Entry Loop and car parking.

Department of Planning, Industry and Environment (Open Space team)

Consultation Phase 2.5 (Car parking options)

Participants were asked to choose between two options of how access and car parking would be incorporated into the park.

Option 1: Included Vehicle Entry Loop for car parking and public vehicle access, and 90 degree on-street parking on Gregory St.

Option 2: Included Vehicle Entry Loop for maintenance vehicles only (NO public vehicle access or car parking), 90 degree on-street parking on Gregory Street and an off-street car park adjacent Gregory St.

Community.

Responses included 77 community comments on a digital ‘ideas wall, 83 social media ‘likes’, and 2 written submissions.

The consultation included a public ‘webinar’ held on 15 June 2021. It also included an online meeting on 16 June 2021 with residents immediately adjoining the site (Gregory Street) which was also attended by Geoff Lee MP and the Lord Mayor.

There was a slight preference towards Option 2 (Vehicle Entry Loop for maintenance vehicles only, NO public vehicle access or car parking).

From 77 community comments:

· 32.5% supported Option 1,

· 37.5% supported Option 2,

· 30% were neutral or other comments.

From 83 social media ‘likes’:

· 41% ‘liked’ Option 1,

· 59% ‘liked’ Option 2.

Key reasons for support of Option 1 include:

· Increased parking facilities to accommodate higher levels of patronage,

· Reducing on-street car parking in surrounding streets,

· Supporting community access to facilities.

Key reasons for support of Option 2 include:

· Maintains tranquility and safety of the park,

· Option 1 increased risk to pedestrians and cyclists,

· Option 1 would increase illegal dumping and anti-social behaviour.

Concern regarding mosquito breeding was also raised again.

Council staff with support of Department of Planning, Industry and Environment Open Space team) staff recommend proceeding with Option 1 for the following key reasons:

· Increased car parking within the site will reduce on-street car parking in surrounding streets. It is expected patronage will increase significantly,

· The entry loop will draw people into the core of park, and create better parking options for all members of the community,

· Public vehicle access will help activate the center of the park increasing passive surveillance.

Community concerns regarding Option 1 can be addressed through design intervention such as:

· CCTV,

· lighting,

· gates to restrict afterhours access,

· crossings,

· buffer planting and low barriers to protect pedestrians.

Mosquito breeding will be managed through detail design of the wetland. Refer to Council Officer Response for Phase 2 Consultation above.

Department of Planning, Industry and Environment (Open Space team) in consultation with City of Parramatta Council (Open Space and Natural Resources, and Community Engagement).

May – September 2021

Internal stakeholders including:

· Asset Strategy

· Civil Infrastructure

· Cleansing

· Cultural Project and Public Art

· Environmental Outcomes

· Open Space and Natural Resources

· Parks Services

· Place Services

· Recreation Facilities and Programs

· Social Outcomes

· Sustainability and waste

· Traffic and Transport

· Transport Planning

· Urban Design

Internal stakeholders provided comment at 80% and 100% concept design.

Key points included:

· Strong support for Vehicle Entry Loop for car parking and public vehicle access, (Option 1 as per Consultation Phase 2.5),

· Strongly recommend split paths on the foreshore (pedestrians and cyclist),

· Include/ update toilet facilities near the playground,

· Sports fields and associated works should be implemented by DPIE.

This feedback was taken into account in the development of the final concept design.

Provision of sports grounds is not possible due to budget restrictions.

Internal stakeholders will continue to be consulted during detail design.

Open Space and Natural Resources

Councillor Consultation

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

Date	Councillor	Councillor Comment	Council Officer Response	Responsibility
26 May 2021	Briefing session.	Project update and presentation of 80% Concept Design was provided to Councillors. Park access and car parking options were presented to Councillors. It was generally agreed that the proposed Vehicle Entry Loop should include car parking and public vehicle access (as per Option 1 above). Councillors requested further public consultation on the issue. Councillors requested further details about ongoing maintenance costs and funding of un-delivered works. Further presentations requested for Rosehill Ward Councillors.	Further information regarding on-going maintenance costs and funding of un-delivered works have been investigated and are contained within this report (refer to FINANCIAL IMPLICATIONS FOR COUNCIL). Additional community consultation regarding park access and car parking options was undertaken. Consultation results are contained within this report (refer to Stakeholder Consultation). Further presentations were undertaken with Rosehill Ward Councillors (see below).	Department of Planning, Industry and Environment (Open Space team) in consultation with City of Parramatta Council (Open Space and Natural Resources).
2 June 2021	Rosehill Ward Briefing Attendees: Clr Prociv and Clr Wilson.	The Councillors noted the different design options to be presented at community consultation.	N/A	Department of Planning, Industry and Environment (Open Space team) in consultation with City of Parramatta Council (Open Space and Natural Resources).
7 May 2021 (on site meeting) 16 June 2021 (online meeting)	Lord Mayor	Consultation sessions attended by The Lord Mayor attended consultation sessions with Gregory St. residents and Geoff Lee MP	N/A	Department of Planning, Industry and Environment (Open Space team)

19. The Department of Planning, Industry and Environment has engaged with the community following the development and approval of an engagement strategy. The engagement strategy demonstrated the partnership between State and Local Government in delivering this park upgrade project and ensured that all community stakeholders were involved in the design review process.

20. The design updates were guided by the community engagement phases, with design reviews undertaken by the Department and Council prior to design finalisation.

21. Community concerns will continue to be addressed through design intervention as noted in the tables above.

22. Construction works are scheduled to commence in July 2022 and be completed by December 2022, followed by a 12 month maintenance period. Handover to Council is anticipated in December 2023.

LEGAL IMPLICATIONS FOR COUNCIL

23. A legal agreement has been entered into to guide the construction works in the form of a Project Delivery Agreement (PDA). The Agreement outlines items such as; project reporting and governance, design review and approval process, quality assurance, project timelines, maintenance and defects and a dispute resolution process. Council’s consideration and approval of the 100% concept design is in line with the PDA.

24. Council considered and approved the funding and delivery of the park improvement works, the Project Delivery Agreement and the Land Transfer Agreement at its 13 July 2020 Council meeting.

25. In accordance with the Project Delivery Agreement, once the embellishment works are completed by the Department, the land that is currently owned by the Planning Minister Corporation (PMC) and administered by the Office of Strategic Lands (OSL) that forms a portion of George Kendall Riverside Park will be transferred to Council’s ownership.

26. In accordance with the Clause 5.3 and 5.4 of the Project Delivery Agreement, Council must not unreasonably withhold approval of the Concept Design. Should the Department and Council not agree on the Concept Design, they may enter dispute resolution as outlined in the PDA. If both parties are unable to agree on a final Concept Design the Agreement may be terminated.

FINANCIAL IMPLICATIONS FOR COUNCIL

27. The works undertaken by the Department at George Kendall Riverside Park will be at the Department’s cost. The Department has allocated a $10M budget for this project, which includes design, consultancy and construction costs.

28. Under the Project Delivery Agreement, Council is not required to provide capital funding for the delivery of any embellishment related works. This includes works that are shown on the 100% Concept Design which are not delivered by the Department within the allocated budget.

29. Council currently manages the monitoring of contamination across the park under the Contaminated Land Management in the Public Parks budget (project 114371) this has an annual budget of $380,000. The proposed embellishment works will not adversely alter the current contaminated land management practices and will provide remediation solutions for some areas of land contamination.

30. Council currently spends $52,500 maintaining the project area at George Kendall Riverside Park. Based on the significant elements identified within the masterplan it is estimated that an additional annual maintenance budget of $131,000 will be required from December 2022.

31. In partnership with Western Sydney Local Health District Council undertook a report on the social value of parks and sporting fields titled; ‘Valuing our green places - A Social Return on Investment evaluation of parks and sports fields in City of Parramatta, 2018’. This report found that $10 of value is created for every $1 invested in parks and sporting fields. This $10 Million investment provides a significant investment that would translate to $100 Million of social, environmental and economic value to the community.

32. The Project Delivery Agreement identifies that any financial risk associated with disturbance to the contamination caused by the project works will rest with the Department. The Department must ensure that all new works including contamination remediation are undertaken to current government regulations and Australian Standards. The risk for cost overruns would not fall to Council however they would likely result in a reduction to the scope of the project works.

33. To reduce the financial risk to Council for defects the appointed contractor for the works will be required to sign a deed poll in Council’s favour that will provide Council with contractual rights against the contractor under the construction contract.

34. If Council resolves to approve this report in accordance with the proposed resolution, the financial impact on the budget is set out in the table below. In summary, future Council operating budget will need to be adjusted for the anticipated maintenance increase requirements for the works. This will be an estimated $131,000. This can be captured from two funding sources; $91,000 from General Revenue and $40,000 from the Stormwater Levy Special Rate.

35. The financial impacts noted in the table below, will be included in future year budget allocations commencing in the 2023/24 financial year. This will include depreciation and operating costs.

36. 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			N/A	N/A

Operating Result
External Costs			$31,500	$63,000
Internal Costs			$34,000	$68,000
Depreciation			$162,806	$325,613
Other			-	-
Total Operating Result			$228,306	$456,613

Funding Source			$45,500 General Revenue; $20,000 Stormwater Special Rate Levy	$91,000 General Revenue; $40,000 Stormwater Special Levy

CAPEX
CAPEX			-	-
External			-	-
Internal			-	-
Other			-	-
Total CAPEX			-	-

James Smallson

Manager Open Space and Natural Resources

Richard Sheridan

Chief Financial Officer

John Warburton

Executive Director City Assets & Operations

Brett Newman

Chief Executive Officer

Attachments:

1 ⇩	Project Delivery Agreement	67 Pages
2 ⇩	GKRP 100% Concept Design	21 Pages
3 ⇩	GKRP Masterplan Adopted 2012	1 Page
4 ⇩	Engagement Outcomes Summary	3 Pages

REFERENCE MATERIAL

Council 25 October 2021 Item 16.1

THRIVING

ITEM NUMBER 16.1

SUBJECT FOR APPROVAL: Hill Road Precinct, Sydney Olympic Park Stage 2 Naming Proposal

REFERENCE F2021/00521 - D08224962

REPORT OF Senior Project Officer Place Services

workshop/briefing date: A Councillor Briefing Note was circulated to Councillors on 20 August 2021 via the Councillor Portal and the Councillor Weekly Newsletter.

PURPOSE:

To endorse the proposed names for five (5) new roads to be delivered within the development precinct at 14-16 Hill Road, Sydney Olympic Park (currently being determined under DA586-588/2021 and DA622-624/2021).

RECOMMENDATION

(a) That Council endorse the proposed names for five (5) new roads within the development precinct at 14-16 Hill Road, Sydney Olympic Park. The names for new road infrastructure and their location are illustrated in the Precinct Plan (see Attachment 1) and the table below and include:

Name	Suffix
Guwali	Street
Mangrove
Sea Rush
Shearwater	Crescent
Sanctuary	Boulevard

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

BACKGROUND

1. Sydney Olympic Park is undergoing significant transformation and the development precinct at 14-16 Hill Road requires new road infrastructure to provide access to, and service, future residents and businesses located within, or near, the precinct.

2. There are six (6) sub-precincts within the development site. The completion of sub-precinct 1 in early 2021 in the southeast of the site includes two privately owned roads, Lapwing Street and Wattlebird Road. These names were resolved for adoption by Council under Item 16.1 at the 14 September 2020 Council Meeting. Development applications (DAs) for sub-precincts 2-6 were publicly exhibited for a period of 28 days that concluded 18 August 2021.

3. Under City of Parramatta Council’s Road Naming Policy (Policy 283) and the NSW Address Policy and User Manual (May 2021) developed by the NSW Geographical Names Board (GNB), Council is the responsible authority for road names to all local and private roads situated within the Parramatta Local Government Area (LGA). Council is also responsible for endorsing the authoritative road name and ensuring it is endorsed by the GNB.

4. The naming of road infrastructure is necessary to provide accurate addressing of the units within the development, not only to identify an owners’ individual dwelling, but also for navigation, emergency response, service delivery (utilities, post) and for statistical analysis.

5. To ensure that all road naming is comprehensible, clear, accepted, unambiguous and readily communicated, property addresses and road names must comply with Chapter 6 “Addressing Principles” of the NSW Address Policy and User Manual (2021). In the preparation of this project, Council utilised preferred sources in line with this policy and section 3.2 in Council’s Road Naming Policy (Policy 283), which identifies desirable sources as:

a. Aboriginal names,

b. Local history, including early explorers, settlers, and other eminent persons,

c. Thematic names such as flora and fauna,

d. Landmarks, and

e. Names appropriate to the physical, historical or cultural character of the area.

6. Council’s Cultural Heritage & Tourism (CHT) team provided the proposed names following consultation with Dharug and the developer. The names endorsed in Stage 1 (Wattlebird Road and Lapwing Street) drew inspiration from woodland and wetland bird species seen in the local area. This theme was also utilised for Stage 2 alongside drawing inspiration from flora endemic to the wetlands of Sydney Olympic Park. The shortlisted names proposed for exhibition, and pre-approved for use by the GNB are listed in the table below. A detailed description of each of the proposed names is also provided in Attachment 2.

Name	Suffix	Description
Guwali	Street	Guwali is the Dharug translation for the Cormorant, an aquatic bird still seen along the riverbanks of Wangal country.
Mangrove		Mangrove trees are a magnificent feature of the riverine landscape.
Sea Rush		Sea Rush is a common name for Juncus kraussii, a very important plant species of the saltmarsh plant community found in the estuarine wetlands at Sydney Olympic Park.
Shearwater	Crescent	The Short-tailed Shearwater is Australia’s most numerous seabird and has a completely dark brown appearance with a black bill and rounded tail.
Sanctuary	Boulevard	Sanctuary is the term used for a place that provides safety.

7. The Research & Engagement team developed and arranged public consultation on the proposed names via Council’s engagement portal, Participate Parramatta. Public consultation ran for three weeks (15 business days) from Wednesday 1 September to Wednesday 22 September 2021. A letter was sent via Australia Post to 3406 impacted residents and targeted social media was also utilised to alert residents and businesses of the opportunity to provide feedback.

8. Overall, the opportunity to provide feedback for this project was presented to an estimated 21,566 persons culminating in 18 formal contributions. Of those that made formal contributions, the community sentiment was mostly positive, with ‘Mangrove Street’ and ‘Guwali Street’ being the most popular. All findings from the engagement are captured in the Engagement Evaluation report (Attachment 3). All five (5) names received at least 65% of respondents identifying that they support the use of the name.

9. The names satisfy the addressing requirements of the Geographic Names Board (GNB), which has given prior concurrence for the use of the proposed names.

ISSUES/OPTIONS/CONSEQUENCES

10. Until road names are allocated, properties within the subject may be at risk of utility service issues, delayed postal, other deliveries and, most importantly, emergency services attendances.

11. It is prudent that the proposed names be allocated as developers and residents may seek compensation for any costs they claim are caused by delays in the naming process such as supply of building infrastructure services, readdressing for residents and businesses and postal and delivery redirection costs.

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
01.09.21 – 22.09.21	The community, via Council’s Participate Parramatta Engagement Portal	Feedback was captured through a survey hosted on the project page. Verbatim responses provided by community members is provided in Attachment 3.	The project page saw 772 unique viewers complete 18 surveys (providing 90 contributions for 5 names). Responses received from the community were reviewed against the Geographical Names Board of NSW ‘NSW Address Policy and User Manual’ (May 2021) guidelines for naming roads. No feedback identified the proposed names to be offensive, racist, derogatory or demeaning.	Senior Project Officer, Place Services Community Engagement Officer, Research & Engagement
30.08.21	3406 impacted residents, via direct mail out	Verbatim responses that may have been generated following the mail out are provided in Attachment 3.	Letters detailing the exhibition and how to submit formal feedback were sent to residents and businesses near the development site.	Senior Project Officer, Place Services Printing Officer, Corporate Services
01.09.21 – 22.09.21	The community, via 5 corflute signs	Verbatim responses that may have been generated by accessing the survey from the poster’s QR code are provided in Attachment 3.	A poster was designed to support and promote the exhibition. The poster also included a QR code which received a total of 59 scans.	Senior Project Officer, Place Services
01.09.21 – 22.09.21	The community, via Social Media	Feedback was captured through a survey hosted on the project page. Verbatim responses provided by community members is provided in Attachment 3.	A paid campaign across Facebook and Instagram. Overall, the social media combined campaign garnered a reach of 7778 resulting in 443 clicks to the project page	Community Engagement Officer, Research & Engagement
02.09.21	The community, via Participate Parramatta Newsletter	Verbatim responses provided by community members and a summary of engagement findings is provided in Attachment 3.	Electronic direct notification was issued via the Participate Parramatta Newsletter (10,313 subscribers).	Community Engagement Officer, Research & Engagement
21.09.21	Previous participants/Hill Road Naming Project subscribers	Verbatim responses provided by community members and a summary of engagement findings is provided in Attachment 3.	Electronic direct notification was issued to 69 subscribers, seeing a 66% open rate.	Community Engagement Officer, Research & Engagement

Councillor Consultation

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

Date	Councillor	Councillor Comment	Council Officer Response	Responsibility
20.08.21	All - via a Councillor Briefing Note distributed through the Councillor Portal and the Councillor Weekly Newsletter.	No comments provided	NA	Senior Project Officer, Place Services

LEGAL IMPLICATIONS FOR COUNCIL

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

FINANCIAL IMPLICATIONS FOR COUNCIL

15. If Council resolves to approve this report in accordance with the proposed resolution, the financial impact on the budget is set out in the table below. Council should note:

a. The services provided by Council for the developer in relation to this report will be invoiced as per item 4.85 in Council’s adopted Fees and Charges 2021-22 following approval, with external revenue received to be allocated to Service Code 420097 – Road Naming.

b. External operating costs associated with this project are $1,485 for external consultancy services provided by Dharug Ngurra Aboriginal Corporation and $200 for paid advertisements to support engagement as part of the community consultation component of this project.

c. Once the naming proposal is approved, including gazettal by the GNB, Council will arrange for the fabrication and installation of street signs (including the subject street poles and sign blades) at the developer’s expense.

d. The notification to relevant government authorities and publishing in the Government Gazette is currently provided without charge by the GNB.

16. The financial impacts to the budget, as set out in this section, will be included in the next Quarterly Budget Review for endorsement by Council.

17. 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	Nil
External Revenue	10,000
Total Revenue	10,000

Funding Source	General Revenue

Operating Result
External Costs	1685
Internal Costs	Nil
Depreciation
Other	6630
Total Operating Result	8315

Funding Source	General Revenue

CAPEX
CAPEX
External
Internal
Other
Total CAPEX	Nil

Michael Northey

Senior Project Officer Place Services

Bruce Mills

Group Manager Place Services

Richard Sheridan

Chief Financial Officer

Bryan Hynes

Executive Director Property & Place

Brett Newman

Chief Executive Officer

Attachments:

1 ⇩	Attachment 1_Precinct Plan	1 Page
2 ⇩	Attachment 2_List and description of Proposed Names	1 Page
3 ⇩	Attachment 3_Stage 2 Hill Road Precinct Naming Project Engagement Evaluation and Key Insights report	15 Pages

REFERENCE MATERIAL

Council 25 October 2021 Item 17.1

INNOVATIVE

ITEM NUMBER 17.1

SUBJECT FOR APPROVAL: Gateway Request - Planning Proposal at 12-12A, 14 & 14B Mons Road, WESTMEAD (Westmead Private Hospital)

REFERENCE F2021/00521 - D08238536

APPLICANT/S Willowtree Planning

OWNERS Alpha Westmead Private Hospital Pty Ltd

REPORT OF Project Officer Land Use

development applications considered by sydney central city planning panel

Stage 3 Development Application

DA/487/2019 - Alterations and additions to existing Westmead Private Hospital comprising of demolition works, construction of a three storey building to accommodate new consulting room and inpatient units, expansion of the existing operating theatres. The application was approved by the Sydney Central Planning Panel on 12 March 2020.

workshop/briefing date

20 October 2021.

PURPOSE

To seek Council’s approval of a Planning Proposal for land at 12-12A, 14 & 14B Mons Road, Westmead for the purposes of requesting a Gateway Determination from the Department of Planning, Industry and Environment (DPIE).

RECOMMENDATION

(a) That Council approve, for the purposes of seeking a Gateway Determination, the Planning Proposal attached to the LPP report at Attachment 1 for land at 12-12A, 14 & 14B Mons Road, Westmead, which seeks to amend the Parramatta Local Environmental Plan 2011 to:

i. Increase the floor space ratio control (FSR) from 1.5:1 to 2:1; and

ii. Increase the height of building control (HOB) from 12m to 68m for the south eastern portion of the site and from 12m to 18m for the remainder of the site.

(b) That Council forward the Planning Proposal to the Department of Planning, Industry and Environment with a request for a Gateway Determination.

(c) That a site-specific Development Control Plan (DCP) be prepared and reported to Council separately, prior to public exhibition with the Planning Proposal. The site-specific DCP should address, at a minimum, the following:

i. Built form and massing;

ii. Building setbacks;

iii. Flooding; and

iv. Other design controls to inform the future detailed design of the Westmead Private Hospital redevelopment.

(d) That the Chief Executive Officer be delegated authority to negotiate a Planning Agreement on behalf of Council in addition to any development contributions payable, and that the outcome of negotiations be reported back to Council prior to its concurrent exhibition with the Planning Proposal and DCP.

(e) That Council advise the Department of Planning, Industry and Environment that the Chief Executive Officer will be exercising the plan-making delegations for this Planning Proposal as authorised by Council.

(f) That Council authorise the Chief Executive Officer to correct any minor anomalies of a non-policy and administrative nature that may arise during the plan-making process.

(g) Further, that Council note the Local Planning Panel’s advice to Council is in support of the Planning Proposal (refer to Attachment 1), which is consistent with the Council Officer’s recommendation in the report.

PLANNING PROPOSAL TIMELINE

SITE DESCRIPTION

1. The subject site is at 12-12A, 14 & 14B Mons Road, Westmead and has an area of approximately 20,256 square metres (see Figure 1). The site is currently occupied by Westmead Private Hospital and contains a two-storey health services facility and associated at-grade car parking.

Figure 1: An aerial image of the site and surrounds (subject site outlined in red)

2. The site is a corner lot and fronts Mons Road to the east and Darcy Road to the south. Vehicular access to the Hospital is currently provided from both roads. A single-storey dwelling (15 Darcy Road) is located to the west and a three-storey commercial building (14A Mons Road) is located to the north.

3. In March 2020 the site obtained development consent for alterations and additions to the existing Westmead Private Hospital comprising of demolition works, construction of a three-storey building to accommodate new consulting room and inpatient units and expansion of the existing operating theatres (Stage 3). This has since commenced construction.

PLANNING PROPOSAL

4. The Planning Proposal (refer to Planning Proposal attached to the LPP report at Attachment 1) seeks to amend the planning controls in Parramatta Local Environmental Plan 2011 for land at 12-12A, 14 & 14B Mons Road, Westmead as shown below in Table 1.

Table 1: Planning Proposal for 12-12A, 14 & 14B Mons Road, Westmead

Parramatta LEP 2011	Current Controls	Planning Proposal Recommendation
Zoning (unchanged)	B4 Mixed Use	B4 Mixed Use
Maximum HOB	12m	68m for the south eastern portion of the site and 18m for the remainder of the site
Maximum FSR	1.5:1	2:1

5. The Planning Proposal seeks to facilitate ‘Stage Four’ of the Westmead Private Hospital redevelopment. Table 2 below, as provided by the applicant, sets out the indicative development parameters for ‘Stage Four’ redevelopment.

Table 2: Indicative development parameters (Note: Figures referred to in the table are cumulative totals for the whole site at completion of each stage respectively)

Particular	Existing	Stage 3	Stage 4/Planning Proposal scheme
Overnight beds	191 beds	219 beds	533 beds
Procedural rooms	23 rooms	25 rooms	25 rooms
Consulting rooms	15 rooms	28 rooms	41 rooms
Emergency Department bays	0 bays	0 bays	14 bays
Car parking	349 spaces	398 spaces	766 spaces

6. The applicant’s reference scheme (Stage 4) is shown in Figure 2 below.

Figure 2: Reference scheme (source: STH 2021)

7. Council officers have carried out a detailed assessment of the applicant’s current reference scheme and associated technical studies which is provided in the Local Planning Panel (LPP) report at Attachment 1. This assessment raised some concerns relating to the proposed hospital design and flooding implications. As these matters are to be addressed in the site specific DCP, the significance of the planning proposal to provide increased capacity for critical health infrastructure should progress to the gateway process.

8. The flood study is expected to be completed by the end of November 2021 and its findings will provide a more detailed analysis of the flood risk (noting that the site is already largely redeveloped as a hospital) that will inform the reference scheme (eg floor levels, car parking location and evacuation route etc.) for the subject portion of the site. These flood related design elements will subsequently inform the preparation of a Site Specific DCP and are unlikely to impact on the planning proposal itself. Nevertheless, following its completion the Flood Study will be submitted to DPIE for its information and consideration under the Gateway Determination process. It is recommended that the site-specific DCP be reported to Council before public exhibition with the Planning Proposal when Council will then be able to consider the draft flooding provisions in the DCP.

9. Council officers and the applicant have held preliminary discussions regarding the potential for a draft Planning Agreement to support the Planning Proposal. These discussions have identified the opportunity for the developer to provide a contribution towards unfunded open space works identified in Council’s Community Infrastructure Strategy (CIS) and the Milson Park Masterplan. Details of this potential aspect of the proposal as provided in the LPP report at Attachment 1.

PARRAMATTA LOCAL PLANNING PANEL ADVICE TO COUNCIL

10. The Local Planning Panel considered a detailed assessment report on 21 September 2021 included at Attachment 1. The Panel's advice to Council is consistent with the Council staff recommendation.

RECOMMENDED ACTIONS

11. It is recommended that Council endorse the Planning Proposal attached to the LPP report in Attachment 1 be sent to DPIE for a Gateway Determination.

12. Should Council receive a Gateway Determination from DPIE, the next stage in the process will be for the applicant and Council staff to prepare a site-specific DCP that addresses Council’s outstanding urban design concerns raised in the LPP assessment report in Attachment 1, outcomes of the Flood Study, and any other changes that may result from the Gateway Determination.

13. It is also recommended that the Chief Executive Officer be authorised to negotiate a draft Planning Agreement with Westmead Private Hospital based on the works identified in the LPP report in Attachment 1. The works relate to improving open space outcomes that will directly benefit the hospital as well as the broader Westmead Precinct. The outcomes of the negotiation process will be reported to Council to ensure that any Planning Agreement can be publicly exhibited concurrently with the Planning Proposal and draft DCP.

PLAN-MAKING DELEGATIONS

14. Revised delegations were announced by the then Minister for Planning and Infrastructure in October 2012, allowing Councils to make LEPs of local significance. On 26 November 2012, Council resolved to accept the delegation for plan-making functions. Council has resolved that these functions be delegated to the CEO.

15. Should Council resolve to endorse the Planning Proposal to proceed, it is recommended that Council request it exercise its plan-making delegations. This means that once the Planning Proposal has been to Gateway, undergone public exhibition and been adopted by Council, Council officers will deal directly with the Parliamentary Counsel Office on the legal drafting and mapping of the amendment. The LEP amendment is then signed by the CEO before being notified on the NSW Legislation website.

CONSULTATION & TIMING

16. Community consultation is yet to be undertaken for the Planning Proposal. Should Council endorse the recommendation of this report and the DPIE issue a Gateway Determination, the Planning Proposal will be placed on public exhibition in conjunction with the draft site-specific DCP, draft VPA and any additional studies that reflect the requirements of the Gateway Determination if required. The draft site-specific DCP and draft VPA will be reported separately to Council prior to public exhibition.

FINANCIAL IMPLICATIONS FOR COUNCIL

17. Should Council resolve to proceed with the Planning Proposal, the costs incurred in conducting the community consultation will be covered by the Planning Proposal application fees.

18. Council will part pay for the cost of the independent flood study to a maximum of $10,000 as per Council’s Schedule of Fees and Charges and funded by the City Planning budget. The remaining cost of the Flood Study (approximately $20,767) will be borne by the applicant.

19. Table 3 below summarises the financial impacts on the budget arising from approval of this report. No planning agreement outcomes have been entered in the table, however the outcomes following planning agreement negotiations will be reported back to Council prior to the exhibition of the Planning Proposal and associated DCP.

Table 3: Financial impacts arising from Planning Proposal.

	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

CONCLUSION

20. This report recommends that the Planning Proposal for 12-12A, 14 & 14B Mons Road, Westmead proceeds to Gateway Determination. Should the proposal proceed and a Gateway Determination be issued, the Planning Proposal will be placed on public exhibition with the site specific DCP and draft Planning Agreement (after both have been reported to Council) and the outcomes of the exhibition will be reported to the Local Planning Panel if any objections are received. If no objections are received, the matter will be reported directly to Council post-exhibition.

Issa Trad

Project Officer Land Use

Michael Rogers

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 ⇩

LPP Minutes and Report for 12A, 14 & 14B Mons Road, WESTMEAD

329 Pages

REFERENCE MATERIAL

Council 25 October 2021 Item 17.2

INNOVATIVE

ITEM NUMBER 17.2

SUBJECT FOR APPROVAL: Post-Exhibition Outcomes - Draft Parramatta CBD Local Infrastructure Contributions Plan 2021

REFERENCE F2019/04041 - D08188808

REPORT OF Project Officer Land Use

workshop/briefing date: 20 October 2021

PURPOSE:

The main purpose of this report is:

· to enable Council to consider the outcomes of the public exhibition of the “Draft Parramatta CBD Local Infrastructure Contributions Plan 2021” (Draft Plan); and

· to seek Council’s endorsement for finalisation of the Draft Plan to be forwarded to the Department of Planning, Industry and Environment for final approval given the higher contributions rates being sought.

The report also provides a response to a Council resolution of 22 March 2021 which sought information on various infrastructure funding matters.

RECOMMENDATION

(a) That Council receives and notes the submissions made during the public exhibition of the “Draft Parramatta CBD Local Infrastructure Contributions Plan 2021” (Draft Plan) and the Council officer response (as provided in the submissions summary table at Attachment 1).

(b) That Council approve the Draft Plan at Attachment 2, noting changes made to the Draft Plan in response to submissions received and further technical changes made by Council staff in the post-exhibition phase.

(c) That Council submit the Draft Plan to the Department of Planning, Industry and Environment with a request that the Minister for Planning and Public Spaces amend the clause 25K of the Environmental Planning and Assessment Regulation 2000 to allow for the higher contributions rates envisaged under the Draft Plan, including a copy of the Justification Report on the increased contributions rates provided at Attachment 3.

(d) That Council approve the Draft Plan to formally come into effect within 8 weeks from the date the Minister amends clause 25K of the Environmental Planning and Assessment Regulation 2000 to allow sufficient time to incorporate the final Plan in Council’s systems and processes.

(e) 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 finalisation of the Draft Plan.

(f) Further, that Council notes the information provided at Attachment 6, which has been prepared in response to a request for information regarding various infrastructure funding matters raised in the Council resolution of 22 March 2021.

BACKGROUND

1. At its meeting of 26 July 2021, Council endorsed the Draft Parramatta CBD Local Infrastructure Contributions Plan 2021 (Draft Plan) for public exhibition and that a report on the outcomes of the exhibition be provided to Council prior to finalisation of the Draft Plan.

2. The preparation of this Draft Plan is a key component of the Parramatta CBD Planning Framework Review, and supports the Council endorsed Parramatta CBD Planning Proposal (CBD PP). In accordance with Council’s resolution of 15 June 2021, Council officers submitted the CBD PP to the Department of Planning, Industry and Environment (DPIE) for finalisation on 1 July 2021, consistent with the Gateway Determination.

3. When Council resolved to submit the CBD PP to DPIE for finalisation it also resolved to request DPIE to not finalise the CBD PP until Council has exhibited and endorsed a new Section 7.12 development contributions plan for the Parramatta CBD; and DPIE has amended clause 25K of the Environmental Planning and Assessment Regulation 2000 to allow the higher Section 7.12 development contributions rate being sought by the Draft Plan the subject of this report.

4. The Draft Plan will provide an infrastructure funding framework that will make a major contribution towards the provision of the infrastructure needed to support the growth envisaged under the CBD PP. If the CBD PP is finalised and amends Parramatta LEP 2011 ahead of the new contributions plan being approved, the existing contributions plan and its current rate of 3% would continue to apply until the Minister approves the higher rates sought and amends the Regulation, which would then enable the new contributions plan to come into effect.

5. The Draft Plan, as exhibited proposed:

a. increasing residential accommodation and mixed-use development contribution rates that included residential accommodation from three (3) per cent to five (5) per cent;

b. increasing other “non-residential” contribution rates from three (3) per cent to four (4) per cent;

c. moving the requirement to pay contributions from Construction Certificate stage to Occupation Certificate Stage for all development; and

d. adding an exemption for affordable housing and social housing from the requirement to pay contributions, as well as retaining existing exemptions under the current contributions plan.

6. This report seeks Council’s endorsement of the Draft Plan at Attachment 2 following completion of the exhibition process. Only minor changes are proposed to be made to the Draft Plan following its exhibition.

PUBLIC EXHIBITION

7. The Draft Plan was publicly exhibited from 9 August 2021 to 20 September 2021 (42 days) in accordance with Council’s resolution of 26 July 2021. Notification emails and letters were sent to relevant stakeholders, including all landowners and strata managers within the Parramatta CBD. A copy of the exhibition materials was made available on Council’s website and Council’s ‘Participate Parramatta’ website. Public notices were also published in relevant newspapers, as well as promotion on Council’s social media channels. Hard copies of the exhibition package were not made available at Council’s Customer Contact Centre and CBD Library due to the ongoing COVID-19 lockdown restrictions as these facilities were closed to the public for the duration of the exhibition.

8. In response to the exhibition of the Draft Plan, Council received a total of 11 submissions from:

a. Residents, Landowners or Developers – 5 submissions

b. Public authority or service providers – 2 submissions

c. Institutions, Industry Groups or Community Organisations – 4 submissions.

SUMMARY OF KEY ISSUES

9. A detailed summary of the issues raised in the submissions received and the Council officer response is provided in the submissions table at Attachment 1.

10. In summary, the following key matters/issues were raised in submissions:

· School and University exemptions;

· Development feasibility of proposed new contribution rates; and

· Proposed works schedule.

These issues are discussed in further detail below, including with the Council officer response.

School and university exemptions

11. The issue of applying proposed contribution rates to Crown development (such as schools) was raised in two separate (2) submissions received from Schools Infrastructure NSW and Western Sydney University.

12. Schools Infrastructure NSW (SINSW) and Western Sydney University raised concerns that the section 1.4 of the Draft Plan does not exclude Crown development (including educational establishments) from the payment of contributions. Both submissions highlight that development provided by the Crown are for the purpose of community service and social infrastructure and therefore, request that schools and educational establishments should not be levied a contribution.

Council officer response:

13. In response, Council officers acknowledge that schools and universities provide an important public benefit. Council officers are of the view that the proposed Draft Plan is under no obligation to exclude Crown development, such as schools, from the payment of contributions under a Section 7.12 Plan as these facilities will create demands for other local infrastructure separate to the school site itself – such as footpaths, cycleway infrastructure, intersection improvements and associated road works, etc.

14. The Draft Plan is consistent with the current practice for the existing CBD contributions plan and therefore, Crown development will continue to be levied under Section 7.12, unless a Direction from the Minister under Section 7.17 of the Environmental Planning and Assessment Act 1979 instructs otherwise.

Development feasibility of proposed new contribution rates

15. From the eleven (11) submissions, three (3) submissions objected to the new contribution rates and raised the issue of impact on development feasibility of the proposed new contributions rates. Submissions were from Stockland, Urban Taskforce and Keylan Consulting Pty Ltd on behalf Billbergia Group.

16. The issue of development feasibility was raised on the basis that land was purchased on the presumption of current contributions rates and that the proposed rates are higher than any other s7.12 Plan in force across the state. There is concern that the Draft Plan will undermine development viability, particularly when combined with potential State and/or Regional Infrastructure Contribution levies and uncertainty during ‘Sydney’s post-Covid-19 economic recovery’. To address these concerns, all three (3) submissions recommend reducing the contribution rates.

Council officer response:

17. The proposed increased rates from 3% (all development) to 4% (commercial) and 5% (residential/mixed use) are based on an infrastructure needs analysis and also a feasibility analysis. The rates achieve the best balance of maximising funding for new infrastructure, but also being feasible for new development.

18. The exhibited contributions rates are informed by feasibility testing undertaken by Savills on a hypothetical development scenario that is typical within Parramatta CBD (refer to a copy of the Savills report at Attachment 4). The testing concluded that the maximum contributions rates that can be imposed while keeping development feasible ranges between 5.02% and 6.31% of the development cost for residential development depending on the floor space yield; and between 4.19% and 4.59% for non-residential development to achieve an Internal Rate of Return (IRR) of 20%, which is a commonly used benchmark for testing development feasibility where lending from a financial institution may be required. A copy of the Savills report was made available during the exhibition period. Council officers recognises that the testing is based on a hypothetical situation and that the results for individual development circumstances (such as acquisition costs, construction costs, finance, developer risk appetite, etc) could be different.

19. Following representations made during the exhibition period, Council officers commissioned Savills to undertake further feasibility testing to demonstrate development feasibility of the rates across sites with a proposed FSR of 7.2:1 (i.e. 6:1 mapped FSR, plus design excellence and high performing building incentives for a total FSR of 7.2:1). A 6:1 (7.2:1 with incentives) FSR is recognised as one of the predominant FSR controls in the CBD under the CBD PP, particularly north of the river, and is substantially lower than the higher FSRs of 10:1 (12:1-15:1 with incentives) tested in the original feasibility analysis. As a result of that additional work, the Section 7.12 rate that could be sustained while maintaining a viable development on a site that achieves the same 20% IRR benchmark used in the previous testing with a FSR of 7.2:1 was identified as 4.83% for residential or mixed-use development; and 4.06% for commercial development. These rates are close to the exhibited rates of 5% (Residential/Mixed Use) and 4% (Commercial) in the Draft Plan where development viability can still be maintained even with the lower FSR controls. The Savills Addendum report includes the following in its conclusion: “It is noted that should a 5% section 7.12 contribution rate be applied, as proposed in the Draft Local Infrastructure Contributions Plan 2021, the analysis indicates this would result in an IRR of 19.93%, which is very close to 20% and we expect is likely to be acceptable for financial institutions.” See Attachment 5 of the Council report for a copy of the Addendum to the Savills report.

20. As part of the Feasibility Testing, Savills considered potential Regional Infrastructure Contributions and Transport Contributions as inputs to the feasibility analysis that had to be addressed as part of the development’s costs as set out at Table 2 of the Savills report, which, in turn, informed the resulting contributions rates that could be sustained while still maintaining development viability.

21. The Draft Plan includes works schedule items with an estimated total cost of $1.98 billion over 40 years that aim to encourage growth and investment in the Parramatta CBD. Estimated income from the percentage rates sought has been revised to present value terms, rather than allowing for an escalation over the 40-year period to match the cost component which was not escalated, and would only recover approximately $642M instead of the $1B originally estimated over the period of the plan. This is about half the $1.201B component identified as being directly attributable (apportionable) to new development. To fully fund the apportionable component, the proposed rates would, in theory, need to double – which is an economically unfeasible and unrealistic outcome.

22. Given the above consideration of both feasibility impacts and infrastructure funding needs to support the growth envisaged under the CBD PP, the rates proposed in the Draft Plan are considered reasonable and no changes to these rates are recommended.

Proposed works schedule

23. From the eleven (11) submissions, six (6) submissions raised specific matters relating to the works program. These included traffic and transport works, community facilities and amenities, requests for new items and the potential for works to interfere with services infrastructure, as summarised briefly in the table below. Further details raised in each of the submissions and the Council officer responses are provided at Attachment 1.

Issue raised	No. of submissions	Summary of Issue	Summary Council officer response
Traffic and Transport works	2	Need to consider active and public transport.	Draft Plan includes 21 items for traffic and transport totalling $176 million.
Community Facilities and amenities	2	Funding needs to provide for all types of community facilities and green space.	Draft Plan includes 33 items for community facilities totalling $736 million and 35 items for open space totalling $495 million.
Request for new items	1	Lack of priority and presence of Dharug needs in the Draft Plan.	Draft Plan includes 3 Aboriginal cultural projects totalling $9.6 million.
Potential for works to interfere with services infrastructure	1	Endeavour Energy raised concern about the potential for some works to interfere with electricity infrastructure.	The issues raised in this submission are relevant to implementation of works projects and therefore do not require any changes to the Draft Plan.

24. Council Officers do not recommend amending the Draft Plan’s works program in response to issues raised in submissions. However, Council officers do recommend a minor amendment be made to the Infrastructure Strategies under the Draft Plan (at Appendix B) to acknowledge the diversity of cultures the Draft Plan is providing for, including the Dharug community.

CHANGES TO THE DRAFT PLAN

25. Following the exhibition period, amendments have been made to the Draft Plan for the purposes of endorsement by Council and submission to the DPIE for approval of the increased rates by the Minister. The changes to the Draft Plan have been informed by:

a. Minor drafting errors/technical changes, including adjustments to the cost and income estimates (eg. expressing the $1B income anticipated under the exhibited Draft Plan as $642M in ‘present value’).

b. Changes arising from technical Council officer feedback received during the exhibition period, including removal of three items from the Works Program where the item has been already completed; or is already fully-funded; or has been superseded by another item in the Schedule.

c. A minor amendment to be made to the Infrastructure Strategies under the Draft Plan (at Appendix B) to acknowledge the diversity of cultures the Draft Plan is providing for, including the Dharug community (in response to a submission received).

26. The proposed changes to the Draft Plan are shown as tracked changes in the Draft Plan (at Attachment 2).

JUSTIFICATION REPORT

27. Ministerial approval is required for the higher contributions rates being sought under the Draft Plan for the Parramatta CBD area before Council can impose those rates to future development. Council officers have prepared a Justification Report (Attachment 3) addressing the matters in Section 1.8 of the Section 7.12 fixed development consent levies Practice Note to support an application to be made by Council to be submitted to the Minister for Planning and Public Spaces (the Minister) seeking his approval to amend Clause 25K of the Environmental Planning and Assessment Regulation 2000 to permit the application of the rates sought.

28. Based on the Council officer assessment, Council is consistent with all elements of the criteria set to be met for the proposed increases in section 7.12 levies for the Parramatta CBD. This is supported by Council’s financial modelling and the Savills report that informed the establishing of the proposed contribution rates. Subject to a Council resolution, the Justification Report would be provided to DPIE for consideration to support Council’s application for the higher rates under the Draft Plan.

CONSISTENCY WITH LOCAL STRATEGIC PLANNING STATEMENT

29. The Draft Plan is considered to be consistent with Council’s Local Strategic Planning Statement (LSPS), in particular Planning Priority 6 (provide for community infrastructure and recreation opportunities).

NEXT STEPS AND TIMING

30. Should Council endorse the Draft Plan, it will be submitted to DPIE with a request that the Minister for Planning and Public Spaces amend clause 25K of the Environmental Planning and Assessment Regulation 2000 (the Regulation) to allow for the higher contributions rates envisaged under the Draft Plan, including a copy of the Justification Report on the increased contributions rates.

31. Should the Minister make the amendments to the Regulation, the Draft Plan would formally come into effect within 8 weeks from the date the Minister makes the amendment, so as to allow sufficient time to incorporate the final Plan in Council’s systems and processes.

CONSULTATION & TIMING

Stakeholder Consultation

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

Date	Stakeholder	Stakeholder Comment	Council Officer Response	Responsibility
9 August 2021 to 20 September 2021 (public exhibition)	Residents, Landowners, Organisations and Interest Groups, Developers, Public Authorities and Service Providers	Refer to Attachment 1 for Submissions Table	Refer to Attachment 1 for Submissions Table	City Planning

Councillor Consultation

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

Date	Councillor	Councillor Comment	Council Officer Response	Responsibility
24 March 2021	Councillor Workshop (need for a new contributions plan considered)	Councillors noted the information provided. Subsequently, Council resolved to prepare a new contributions plan on 15 June 2021.	Council officers prepared the new draft contributions plan.	City Planning
7 July 2021	Councillor Workshop	Councillors sought further information in relation to the matter.	Council officers prepared a briefing note which addressed the requested additional information.	City Planning
20 October 2021	Councillor Briefing – Outcome of Public Exhibition	Unknown at the time of drafting this report.	Council officers prepared a presentation which addressed the outcomes of the public exhibition and the recommendations of this report.	City Planning

LEGAL IMPLICATIONS FOR COUNCIL

34. If Council resolves to adopt the revised Draft Plan, it will replace the existing contributions plan applying to the Parramatta CBD. The new plan cannot come into effect until the Minister for Planning and Public Spaces has considered and approved the increased rates sought in the Plan. This will require a change to clause 25K of the Environmental Planning and Assessment Regulation 2000 (the Regulation).

35. The new plan will apply to development applications and complying development applications lodged on or after the new plan’s commencement date. Existing applications already being assessed will continue to have the 3% levy applied as a condition of consent at the time of determination. The proposed change to the Regulation will enable this approach to continue as the percentage rate prescribed is a maximum, and Council can charge a lower rate at its discretion based on these transitional arrangements.

36. Under the Regulation, Council must publish notice of its decision on its website within 28 days after the decision is made. If approved, the revised Draft Plan will come into effect 8 weeks after the Minister has approved the increased rates sought and amended the Regulation accordingly. A separate notice will be published to specify the date the plan comes into effect following amendment to the Regulation by the Minister.

FINANCIAL IMPLICATIONS FOR COUNCIL

37. Local infrastructure contributions form part of Council’s Resourcing Strategy, including its Long-Term Financial Plan, and will provide funding towards priorities in the Community Strategic Plan, 10-year capital works plan and four yearly Delivery Program where such items are included to the Works Program of the contributions plan.

38. The endorsement of the Contributions Plan and its associated Works Program enables Council to impose a levy on development to contribute towards the cost of providing new or augmenting existing local infrastructure in the Parramatta CBD. The contributions estimated to be received over the 40-year life of the Plan would fund approximately $642 million (present value) of the entire $1.98 billion (present value) works plan. The amount already funded is approximately $327 million (present value). $58 million (present value) in funds held in existing reserves under the current contributions plan would be allocated to works in the Draft Plan.

39. It is never intended that the entire cost of the Works Program would be funded from developer contributions, but those funds received would be allocated to the provision of the local infrastructure identified in the Works Program. It is common for section 7.12 plan works program costs to be significantly greater than the income forecast under the plan. This is because unlike section 7.11 plans, section 7.12 plans do not need to demonstrate ‘nexus’ between development and infrastructure provision or specify the maximum amount that will be funded using contributions. There is thus greater scope for section 7.12 plan works programs to be more flexible and aspirational.

40. Mechanisms that could be used to fund any infrastructure funding gap in the Works Program may include:

· Additional planning agreements that provide additional funds or works-in-kind to deliver infrastructure. For example, delivery of a new community facility or open space, as part of development on large sites.

· State and federal government grants.

· The detailed project design and development phase for infrastructure projects may also identify opportunities for cost and efficiency savings.

· Cross-subsiding new facilities as part of mixed-use development schemes on Council owned land, for example, by including an element of residential or commercial floorspace above community facility floor space.

· Explore utilisation of internal reserves, for example, the property development reserve.

41. On 22 March 2021 Council resolved to prepare a report seeking information relating to infrastructure funding matters following a Notice of Motion made by Councillor Bradley. Given the recent completion of the Parramatta (Outside CBD) Contributions Plan, and this reporting of the Draft Plan for the Parramatta CBD to Council for finalisation, it is timely to provide this information – refer to Attachment 6. Importantly, with respect to the Draft Plan for the Parramatta CBD, the information notes that this new plan is estimated to raise $642 million (present value) over 40 years, compared to the $551 million (present value) that would have been raised under the current 3% plan ($422 million (present value)) and formerly proposed value sharing framework ($129 million (present value)).

Darya Fatah

Project Officer Land Use

Roy Laria

Land Use Planning Manager

David Birds

Group Manager, City Planning

Richard Sheridan

Chief Financial Officer

Ian Woodward

Group Manager Legal Services

Jennifer Concato

Executive Director City Planning and Design

Brett Newman

Chief Executive Officer

Attachments:

1 ⇩	Summary of Submissions received and Council Officer Responses	13 Pages
2 ⇩	Draft Parramatta CBD Local Infrastructure Contributions Plan 2021	54 Pages
3 ⇩	Justification Report to increase contribution rates for Parramatta CBD (October 2021)	18 Pages
4 ⇩	Savills - Parramatta CBD Contributions Framework Review Feasibility Testing (July 2021)	23 Pages
5 ⇩	Savills - Addendum to Parramatta CBD Contributions Framework Feasability Testing (September 2021)	12 Pages
6 ⇩	Response to Council Resolution of 22 March 2021	4 Pages

REFERENCE MATERIAL

Council 25 October 2021 Item 17.3

INNOVATIVE

ITEM NUMBER 17.3

SUBJECT FOR APPROVAL: Post-Exhibition Outcomes - Planning Proposal for land at 163 – 165 George Street and 1 Purchase Street, Parramatta (St Ioannis Greek Orthodox Church)

REFERENCE RZ/3/2018 - D08206667

REPORT OF Project Officer Land Use

LANDOWNER The Hellenic Orthodox Community of Parramatta and Districts

APPLICANT Think Planners Pty Ltd

development applications considered by sydney central city planning panel

DA/469/2018 – Construction of a place of worship building comprising a Grand Cathedral, public forecourt space and associated basement parking. Approved on 6 November 2019 by the Sydney Central City Planning Panel.

workshop/briefing date

20 October 2021.

PURPOSE

To enable Council to consider the outcomes of the public exhibition of the Planning Proposal for land at 163-165 George Street and 1 Purchase Street, Parramatta (St Ioannis Greek Orthodox Church), and to seek Council’s endorsement to forward the Planning Proposal to the Department of Planning, Industry and Environment for finalisation.

RECOMMENDATION

(a) That Council notes the submissions made to the public exhibition of the Planning Proposal at 163-165 George Street and 1 Purchase Street, Parramatta, namely:

i. One community submission in support of the proposal.

ii. One State agency submission and supplementary responses objecting to the proposal (Transport for NSW).

iii. One State agency submission which did not object to the proposal, but did request additional work (Heritage NSW).

(b) That Council approve for finalisation, the Planning Proposal for land at 163-165 George Street and 1 Purchase Street, Parramatta (provided at Attachment 1) which amends Parramatta Local Environmental Plan (LEP) 2011 as follows:

i. Amend the Height of Buildings Map from RL14m to RL21m only on the part of the site on which the proposed Cathedral is to be built, and insert provisions such that the Height of Buildings control for the part of the site with a mapped height of RL21m can be exceeded for the purposes of a steeple or similar, but only subject to certain conditions; and

ii. Amend Schedule 1 subclause 10 of the Parramatta LEP 2011 to include an additional permitted use for public car parking subject to ensuring that there is no vehicular access to this car park from George Street.

(c) That in the event the Department of Planning, Industry and Environment (DPIE) advise Council that the proposed requirement for the public car park to only be accessed from Purchase Street cannot be included in the amendment without re-exhibition of the Planning Proposal, Council shall:-

i. Advise DPIE that the amendment should proceed to be finalised without the Purchase Street access requirement being included; and

ii. Delegate responsibility to the Chief Executive Officer to immediately prepare and endorse for exhibition a Draft Development Control Plan amendment that mandates that all access for the public car park be from Purchase Street. The exhibition outcomes should be reported to Council to allow Council to endorse the finalisation of the Draft Development Control Plan amendment.

(d) That Council submit the Planning Proposal to the Department of Planning, Industry and Environment for finalisation.

(e) That Council note the Local Planning Panel’s advice (refer to Attachment 2) is consistent with the Council Officer’s recommendation in this report.

(f) Further, that Council authorise the Chief Executive Officer to make any minor amendments and corrections of a non-policy and administrative nature that may arise during the plan amendment process.

PLANNING PROPOSAL TIMELINE

THE SITE

1. The site is located at 163-165 George and 1 Purchase Streets, Parramatta and has an area of approximately 13,425 square metres (refer to Figure 1 below).

Figure 1: Subject Site

BACKGROUND

2. Since 2016, the Hellenic Orthodox Community of Parramatta and Districts has used the subject site as a place of public worship, childcare centre, school community hall and other ancillary community uses.

3. In March 2018, the Applicant lodged a Planning Proposal seeking to permit ‘car parking’ as an additional permitted use on the subject site. This would make permissible a commercial car park when the place of public worship experiences low parking demand (that is, mainly during weekdays).

4. In July 2018, a Development Application (DA/469/2018) was lodged for the construction of a Grand Cathedral, public forecourt space, multi-purpose hall and associated basement car parking. To address concerns raised by the Sydney Central City Planning Panel about the height variation, the Applicant submitted:

· a revised DA which (amongst other things) removed the tallest element of the proposed development (the south-western tower), significantly reducing the overall height of the proposal; and

· an addendum to their original Planning Proposal which sought to vary the height controls as described in Table 1 of Attachment 2.

5. The amended DA/469/2018, was approved on 6 November 2019 by the Sydney Central City Planning Panel.

PLANNING PROPOSAL

6. The Planning Proposal, as Council resolved on 12 August 2019, seeks to amend Parramatta Local Environmental Plan 2011 by:

i. Amending the Height of Buildings map from RL 14 metres to RL 21 metres, but only on the part of the site on which the proposed Cathedral is to be built;

ii. Inserting a clause so that the Height of Buildings control on the site can be exceeded for the purposes of a steeple or similar, but only if the consent authority is satisfied that the heritage impact is acceptable and the height is no greater than RL 40m; and

iii. Add public car parking as an additional permitted use on the site. An additional provision has been included to ensure there is no vehicular access to the public car park from George Street as a result of a submission from TfNSW.

7. It should be noted that under the approved DA the majority of the Cathedral was approved at a height just under RL 21m, with the north western tower, excluding the cross element, approved at RL 28.176m. The amended controls in the Planning Proposal allow for the south west tower (proposed height of RL34m), which was removed from the approved DA plans, to be potentially reintroduced via an amendment to the existing DA or a new DA.

8. The taller tower with the proposed height of RL 34m was removed from the approved DA plans arising from concern expressed by the Sydney Central Planning Panel (refer to paragraph 4 of this report). The majority of the building was allowed at a height of RL 21m with the tower at approximately RL 28m because, as outlined in the assessment report for the approved DA, it was considered that the proposed heights satisfied the necessary criteria for a variation request under Clause 4.6 of Parramatta LEP 2011 for a departure to the maximum height standard.

9. The Department of Planning, Industry and Environment (DPIE) issued a Gateway determination on 25 November 2019 that authorised Council to be the plan-making authority. The Planning Proposal was subsequently exhibited. This report addresses the outcomes of that public exhibition and makes recommendations about progressing this Planning Proposal. The Gateway determination requires the Planning Proposal to be finalised by 25 November 2021.

PUBLIC EXHIBITION

10. The Planning Proposal was publicly exhibited from 22 January 2020 to 21 February 2020. The exhibition was conducted in accordance with Council’s resolution, the Environmental Planning and Assessment Regulation 2000 and Council’s Community Engagement Strategy. Extensive consultations undertaken in order to resolve the TfNSW objection have delayed reporting the exhibition outcomes to Council.

11. Three (3) submissions were received comprising two from State agencies and one community response. A summary of key issues and Council officers’ responses are provided in Table 1 below, with detailed responses in Attachment 2 in Table 2.

Table 1: Key Issues and Council officer responses

Issues Raised	Council Officer Responses
Transport for NSW
Opposes the car park from an operational perspective for reasons detailed below.	Noted – Reasons for objection addressed below.
The additional use is not an ancillary use as the car parking will be predominantly commercially operated and will provide parking beyond what is reasonably required to support the principal purpose on the site for public worship.	The Planning Proposal allows the quantum of parking already approved for church use to be made available to the public when demand associated with a place of public worship and related uses is low. This use of parking on the edge of the CBD is of strategic merit and supports the additional use for public car parking of the Planning Proposal.
A more accurate description of the proposed parking is a commercial car park rather than public car park.	Neither terms are legally defined in Parramatta LEP 2011. The exact language used in the amendment will be determined at drafting stage.
The commercial car park would likely result in potentially unmanageable impacts on the Parramatta Light Rail operations.	To minimise impact on light rail, vehicular access to the public car park will be restricted to Purchase Street. Further impacts on the operation of light rail and surrounding road network will be properly assessed as part of a Development Assessment process.
The proponent intends to pursue the option with Council of providing ceremonial vehicle entry from the proposed Robin Thomas Reserve Car Park.	Council officers do not support the use of Robin Thomas reserve for vehicular access as this would be an inappropriate use of publicly owned land.
Concern that a future Development Application for the public car park could be approved without referral to TfNSW to allow them to assess the impact on PLR and the operation of the road network.	A future Development Application would be referred to TfNSW and ultimately there may also be a concurrence role for TfNSW.
Heritage NSW (delegate of Heritage Council of NSW)
The site is not heritage listed but is immediately adjacent to the State Heritage Register listed ‘Ancient Aboriginal and Early Colonial Landscape’ located at Robin Thomas Reserve.	Noted
The proposed use could result in increased excavation that may disturb significant archaeology at the site.	The Planning Proposal, with the intention to allow for increased height and site use for a public car park, should not increase the amount of excavation of the site. Any archaeological impacts can be managed through a DA process and the necessity of additional reports and referrals requested by Heritage NSW can be considered at that stage.
The proposed Grand Cathedral is confined to the north-eastern corner of the site that should minimise visual impacts to adjacent heritage items. The proposed steeples/domes should not have a significant heritage impact. However, further design refinement should aim to minimise overshadowing and visual impacts on nearby heritage items.	This Planning Proposal will guide the assessment of any application for a second steeple to be approved through an amendment to the existing DA or through a new DA. Controls to be introduced by the Planning Proposal (Table 1 of Attachment 2) include criteria to assess future applications and consideration of heritage impacts.
Prior to finalisation, Council should be satisfied that all necessary due diligence, assessments and notifications have been undertaken.~~procedures have been followed~~.	Noted.
Community Submission
Planning Proposal supported.	Noted.

ISSUES

12. In order to resolve the objection from TfNSW concerning the proposed additional use for public car parking, a provision has been added to the Planning Proposal to ensure that there will be no access to the public car park from George Street. Council officers have consulted with DPIE and TfNSW staff regarding this matter. TfNSW supports the intent of the restriction of vehicular access from George Street, but seek consultation on exact wording of the LEP amendment. DPIE were generally of the view that this provision does not give rise to a need for re-exhibition, and indicated that the matter will be considered when the Planning Proposal is submitted for finalisation.

13. Recommendation (c) has been included in this report that if DPIE decides that the restriction on vehicular access cannot be included without re-exhibition, the Chief Executive Officer should be delegated responsibility to immediately prepare and endorse for exhibition a Draft Development Control Plan amendment that mandates that all access for the public car park be from Purchase Street.

14. Whilst Council was authorised by the Gateway determination to be the plan making authority this cannot be exercised for the following reasons:

· The State agency objection from TfNSW relating to the proposal for public car parking.

· A Gateway condition to address mapping visibility was not met, however this did not affect the outcome of the exhibition and DPIE staff have advised the Planning Proposal does not need to be re-exhibited.

PARRAMATTA LOCAL PLANNING PANEL

15. The Local Planning Panel considered this matter at its meeting on 21 September 2021 and issued advice to Council in accordance with the Council officer recommendation (refer to Local Planning Panel Report and minute at Attachment 2).

CONCLUSION AND NEXT STEPS

16. As discussed in this report, Council officers consider that Council cannot exercise its delegation for plan-making and therefore DPIE will be the plan-making authority.

17. It is recommended that Council endorse and forward the Planning Proposal to DPIE for finalisation.

CONSULTATION & TIMING

Stakeholder Consultation

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

Date	Stakeholder	Stakeholder Comment	Council Officer Response	Responsibility
22 January 2020 to 21 February 2020 (public exhibition)	Public exhibition summary provided in paragraphs 10 to 11 of this report.	Refer to Attachment 2 for submission table.	Refer to Attachment 2 for submission table.	City Planning

Councillor Consultation

19. The following Councillor consultation will be undertaken in relation to this matter.

Date

Councillor

Councillor Comment

Council Officer Response

Responsibility

20 October 2021 (Councillors will be briefed on this matter in the standard pre-Council meeting briefing session)

TBD

City Planning

LEGAL IMPLICATIONS FOR COUNCIL

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

FINANCIAL IMPLICATIONS FOR COUNCIL

21. There is no accompanying Planning Agreement for this Planning Proposal, as it does not include an increase to permissible density at the subject site. There are no direct financial implications for Council as a result of this Planning Proposal as is shown in the table below.

	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	NA

CAPEX
CAPEX
External
Internal
Other
Total CAPEX	Nil

Paul Kennedy

Project Officer Land Use

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 ⇩	Planning Proposal	84 Pages
2 ⇩	LPP minute and report	18 Pages

REFERENCE MATERIAL

Council 25 October 2021 Item 17.4

INNOVATIVE

ITEM NUMBER 17.4

SUBJECT FOR APPROVAL: Post-Exhibition Outcomes - Planning Proposal, Draft Development Control Plan and Draft Planning Agreement at 14-16 Hill Road, Sydney Olympic Park (Sekisui site)

REFERENCE F2021/00521 - D08227180

APPLICANT/S Sekisui House Pty Ltd; Sutherland & Associates Planning

OWNERS SH HOMEBUSH PENINSULA PTY LTD

REPORT OF Project Officer Land Use

Development applications considered by Sydney central city planning panel

2017SWC107 (DA/763/2017) Phase 1 Construction of three residential flat buildings for 362 dwellings above a residential podium sleeved with internal parking – approved 6 June 2018.

workshop/briefing date

20 October 2021

PURPOSE

For Council to consider the submissions received during the public exhibition of the Sekisui Planning Proposal, draft amendment to Wentworth Point Development Control Plan 2014 (DCP) and draft Planning Agreement. The report recommends that Council endorse the Planning Proposal to be forwarded to the Department of Planning, Industry and Environment (DPIE) for finalisation, adopt the draft DCP and execute the Planning Agreement.

RECOMMENDATION

(a) That Council receives and notes the submissions received as summarised at Attachment 1, during the public exhibition.

(b) That Council note the Local Planning Panel’s advice to Council is in support of the Planning Proposal (refer to Attachment 2), which is consistent with the Council Officer’s recommendation in the report.

(c) That Council approve for finalisation the Planning Proposal at Attachment 3, that seeks to amend Auburn Local Environmental Plan (LEP) 2010 (or the Harmonised Parramatta LEP 2021 if notified) as follows:

i. Increasing the RE1 Public Recreation zone with a reduction in the R4 High Density Residential zone and introduction of the B4 Mixed Use zone at the north-eastern corner of the site.

ii. Amending the Height of Buildings Map to provide a range of heights across the site from 44m to 134m (up to 40 storeys).

iii. Amending the FSR map to provide individual FSRs for the development parcels to reflect the previously approved gross floor area (GFA) of 188,800sqm.

iv. Amending the Land Reservation Acquisition Map to reflect the larger RE1 Public Recreation area and exclude the foreshore wharf from public acquisition to facilitate its refurbishment and operation as a café under the existing community title.

v. Introducing an additional local provision under Part 6 of the LEP to cap the overall floor space to a maximum of 188,800sqm and limit the amount of retail floor space to a maximum of 2,000sqm.

vi. Introducing an additional permitted use (APU) under Schedule 1 of the LEP to permit ‘food and drink premises’ as a permissible use in the RE1 Public Recreation zone where the café is to be located within the site.

(d) That Council forward the Planning Proposal to the Department of Planning, Industry and Environment for finalisation, but request the final notification of the LEP Amendment only be undertaken once Council confirms that the Planning Agreement has been signed, entered into and registered on the land title.

(e) That Council approve for finalisation the Draft Amendment to Wentworth Point Development Control Plan 2014 at Attachment 4.

(f) That Council execute the Planning Agreement at Attachment 5 and the Chief Executive Officer be authorised to sign the Planning Agreement on behalf of Council.

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

PLANNING PROPOSAL TIMELINE

BACKGROUND

1. The subject site is located at 14-16 Hill Road, Sydney Olympic Park, and the current zoning permits redevelopment for high-density residential and public recreation uses. Under these controls, there are already Development Application (DA) approvals which allow for the redevelopment of the site at the permissible density of 188,800sqm or 2,300 apartments. No net increase in density is proposed as part of the currently proposed changes to the planning controls.

2. The Planning Proposal was originally considered by Council at its meeting on 26 August 2019, when it was resolved to proceed for a Gateway Determination. A Gateway Determination was subsequently issued on 30 March 2020, with a timeframe for completion within 12 months.

3. At its meeting of 22 March 2021, Council resolved to exhibit the Planning Proposal, draft DCP and draft Planning Agreement that are subject of this report.

4. The draft documents were publicly exhibited from 7 June to 6 July 2021. A summary of the consultation is contained within this report, with full details provided in the Local Planning Panel (LPP) report of 21 September 2021 shown in Attachment 2.

5. The draft Planning Agreement for the Sekisui site was subject to a re-exhibition due to matters relating to the adoption of the Parramatta (Outside CBD) Contributions Plan. The re-exhibition was undertaken from 12 August to 8 September 2021.

PARRAMATTA LOCAL PLANNING PANEL

6. On 21 September 2021, the Parramatta Local Planning Panel considered the exhibition outcomes of the Planning Proposal and draft DCP, as well as the status of the re-exhibited draft Planning Agreement. The Panel unanimously supported the changes to planning controls as exhibited, and recommended to proceed to finalisation subject to the final Planning Agreement being executed by both parties and registered on the title of the land. A copy of the report is at Attachment 2.

CHANGES TO PLANNING CONTROLS

7. Table 1 below summarises the existing and proposed controls under the Auburn LEP 2010 and Wentworth Point DCP 2014 which apply to the Sekisui site at 14-16 Hill Road, Sydney Olympic Park.

Table 1 – Changes to planning controls

Planning Controls	Current Controls	Exhibited & Proposed Controls
Site Area	94,580sqm
Zoning	Part R4 – High Density Residential (81,000sqm) Part RE1 – Public Recreation (13,580sqm)	Part R4 – High Density Residential (71,950sqm) Part B4 – Mixed Use (4,630sqm) Part RE1 – Public Recreation (18,000sqm)
Maximum Building Height (HOB)	Part 88 metres (25 storeys) Part 19 metres (6 storeys)	Ranging from part 44 metres (15 storeys) to part 134 metres (40 storeys) in six (6) sub-precincts
Maximum Floor Space Ratio (FSR)	Part 2.6:1 Part 1.25:1	Ranging from 1.9:1 to 6.72:1 for six (6) sub-precincts up to the maximum GFA limit for the site (see below).
Gross Floor Area (GFA)	188,800sqm	188,800sqm
Land Reserved for Acquisition	Yes – RE1 land	Yes – RE1 land and Future Transport Corridor land
Additional Local Provision	N/A	1. Overall GFA cap at 188,800sqm for across the site and limit the maximum amount of retail floor space to 2,000sqm 2. Additional permitted use (APU) to allow ‘food and drink premises’ as a permissible use in the RE1 Public Recreation zone near the existing location of the wharf to enable a café use
Dwelling Yield	2,300 across seven (7) sites	2,300 across six (6) sites
Draft Amendment to Wentworth Point DCP 2014	Re-distribution of GFA from across 7 sites up to 25-storeys into 6 separate sub-precincts up to 28-40 storeys to accommodate a future transport corridor and larger foreshore park (23% increase). It contains specific controls to facilitate the revised masterplan, revised streets, and open space network. It contains amended controls for building design, land use, floor space, parking, and updated sustainability and environmental management provisions.

8. The redistribution of GFA to accommodate a future transport corridor and larger foreshore park has significant strategic benefits for the Wentworth Point community and Greater Parramatta & Olympic Peninsula area. While greater building heights are required to facilitate this outcome, there is no net increase in GFA above the current DA approval on the site as a result of this proposal (see Figure 1). Further detail regarding these changes are provided as follows:

· Local Planning Panel Minutes & Report in Attachment 2,

· Response to submissions in Attachment 1,

· Planning Proposal in Attachment 2 & amended DCP in Attachment 4.

Figure 1 – Concept design under proposed controls

PLANNING AGREEMENT

9. The draft Planning Agreement for the Sekisui site was concurrently exhibited with the Planning Proposal and draft DCP and has an estimated total value of $20,000,000. Table 2 outlines the draft Planning Agreement which includes contributions such as larger open space, land for a future transport corridor, remediation of potential contamination, public domain improvements, and an intersection upgrade. Further details are provided in Attachments 2 & 5.

Table 2 – Draft Planning Agreement for endorsement

Planning Agreement Item	Estimate of Public Benefit/Value
1. Dedication of future public transit corridor and foreshore reserve	State Infrastructure – no local infrastructure contribution value attributed in VPA
2. Embellishment of foreshore reserve	$12,400,000
3. Community Infrastructure Maintenance agreement in relation to foreshore reserve (5 years)	$600,000
4. Removal of requirement to acquire foreshore reserve under current zoning	$7,000,000
5. Burroway Road/Hill Road intersection upgrade works	Works-in-kind required to support proposed development – no local infrastructure contribution value attributed in VPA
6. Section 7.11 development contributions	Yes, apply in accordance with Auburn Development Contributions Plan 2007 – no value attributed in VPA – value of contributions estimated at $11,555,000
Total Value	$20,000,000 ($31,555,000 including Section 7.11)

10. The Planning Agreement was subject to re-exhibition due to the subsequent adoption of the Parramatta (Outside CBD) Contributions Plan by Council on 12 July 2021 which resulted in changes to the applicable development contributions rate. Sekisui will pay the contributions rate as prescribed under the former Auburn Development Contributions Plan 2007 (equivalent to $5,085 per 2-bed apartment) which was in place at the time the draft Planning Agreement was negotiated instead of the higher rates in the recently adopted Outside CBD Development Contributions Plan (equivalent to $17,051 per 2-bed apartment).

11. The assessment of the Planning Agreement has demonstrated that the local community infrastructure provision valued at $20 million dollars provides strategic benefits that exceed the minimum benchmarks within Council’s VPA Policy. The delivery of these items via a VPA also provides a better financial outcome for Council compared to the infrastructure that could be delivered were Council to rely on section 7.11 development contributions alone. Without the change to the Planning Agreement as described to paragraph 10, the applicant would likely withdraw from their Planning Agreement offer. Council would then need to rely solely on contributions generated from application of the Outside CBD Contributions Plan which would result in a poorer outcome for the funding, acquisition, embellishment and timing of delivery for the open space.

12. The Planning Agreement has been negotiated in liaison with the Executive Director Property and Place who supports the terms, conditions and deliverables under the proposed agreement.

CONSULTATION PERIOD

13. A total of one-hundred and twenty-seven (127) submissions were received during the exhibition of the Planning Proposal, draft DCP and draft Planning Agreement including four (4) from public agencies. Of the 123 community responses, 9% supported the proposal in full, 13% provided conditional support and 78% objected to the proposal. Issues were raised in relation to building height, density, traffic and transport, public transport, open space, natural and built environment, community infrastructure and economic impact. Responses to the issues raised are provided in Attachment 1, many which are resolved by there being no net increase in density proposed compared to the current approval. No changes are proposed to the Planning Proposal or draft DCP as a result of the submissions.

14. Council resolved to seek specific feedback from the community regarding the design of the foreshore park when this matter was approved for exhibition on 22 March 2021. One-hundred and five (105) of the 123 community submissions provided a response on this issue. The feedback received indicated that the foreshore park as proposed provides for the preferred features indicated by submitters such as picnic facilities, recreation equipment and parking for outdoor leisure. More detail on the foreshore park consultation is discussed in Attachment 1.

15. Four (4) government agency submissions were received from the Sydney Olympic Park Authority; Energy, Environment & Science; Transport for NSW (TfNSW) and Heritage NSW. Overall, they supported the proposal with some issues raised for further consideration. The issues raised by agencies are addressed in Attachments 1 and 2 and do not prevent the Proposal from proceeding as most of the matters can be addressed as part of the development application process.

16. Re-exhibition of the draft Planning Agreement occurred from 12 August to 8 September 2021. Eight (8) submissions were received. Seven (7) were from the community with 3 (three) being supportive and 4 (four) objecting. One (1) submission was made by TfNSW raising no additional comment. No changes are recommended to the re-exhibited Planning Agreement. Details of the submissions and Council officer responses are provided in Attachment 1.

Stakeholder Consultation

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

Date	Stakeholder	Stakeholder Comment	Council Officer Response	Responsibility
7 June 2021 to 6 July 2021 - public exhibition of PP, draft DCP and draft VPA	Multiple	Various comments in relation to finalising the PP, draft DCP and draft VPA	Refer to the LPP report at Attachment 2 and Submissions Table at Attachment 1 for full responses	City Planning
12 August 2021 to 8 September 2021 - exhibition of the draft VPA	Multiple	Various comments relating to the draft changes to the VPA	Refer to the Submissions Table at Attachment 1	City Planning

Councillor Consultation

18. Councillor consultation has been undertaken on a number of occasions in relation to this matter since the original Planning Proposal was lodged in January 2018. The Planning Proposal, draft DCP and Planning Agreement were most recently endorsed by Council at its meeting of 22 March 2021 which was preceded by a Councillor briefing on 3 March 2021. In relation to the post-exhibition period, Councillors will be briefed on this report prior to the Council meeting.

Date	Stakeholder	Stakeholder Comment	Council Officer Response	Responsibility
26 August 2019	Council	Planning Proposal approved for Gateway. Council to prepare a draft DCP and negotiate a draft Planning Agreement.	Gateway Determination received March 2020. Draft DCP and draft Planning Agreement prepared between Sekisui & Council.	City Planning and Design
22 February 2021, 3 March 2021, 22 March 2021	Council	Post-Gateway Assessment of Planning Proposal, Draft DCP & draft Planning Agreement endorsed for exhibition.	Exhibition material included supporting information on current DA approval, and sought feedback on the new foreshore park.	City Planning and Design

LEGAL IMPLICATIONS FOR COUNCIL

19. The legal implications associated with this report relate to the Planning Agreement that is proposed to be entered into between Council and the developer, Sekisui. Council’s legal team were assisted by an external specialist solicitor from Council’s legal panel, in the drafting and finalisation of the Planning Agreement.

FINANCIAL IMPLICATIONS FOR COUNCIL

20. Work to progress the finalisation of the Planning Proposal and DCP will be conducted by Council Officers and therefore is within the existing City Planning budget. Should this matter progress, the Planning Agreement at Attachment 5 to the estimated value of $20 million will be executed by both parties and registered on the title of the land prior to the determination of Development Applications reflecting the proposed planning controls.

21. The table below summarises the financial impacts on the budget arising from approval of this report. The specific timeframe for the delivery of each stage of the redevelopment may vary, with the financial implications for Council within the next four (4) years estimated below. Further, the Planning Agreement includes a five-year maintenance period clause regarding the foreshore reserve which means that Council will not be required to allocate funding for maintenance for this asset within this financial reporting period.

	FY 21/22	FY 22/23	FY 23/24	FY 24/25
Operating Result
Capital contribution (non-cash)	Intersection upgrade^	Park Embellishment $12,400,000		Acquisition $7,000,000
External Costs
Internal Costs
Depreciation		$280,000	$280,000	$280,000
Other
Total Operating Result	Nil	Nil	Nil	Nil

Funding Source	Nil	Nil	Nil	Nil

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

CAPEX
CAPEX
External
Internal
Other
Total CAPEX	Nil	Nil	Nil	Nil

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

Note: The Figures shown in this table are estimates that are subject to further review at the detailed design stage, Projections based on 10-year development program for 2,300 dwellings and the assumption half of the dwelling yield will come online by 2024. The overall projected rates income will be $1.6million after 10-years and the development contributions yield is estimated at approximately $11,554,000.

^Intersection is delivered by the applicant as part of VPA, value of contribution unknown to Council

CONCLUSION AND NEXT STEPS

22. It is recommended that Council endorse the Local Planning Panel advice, which reflects the Council officer recommendation to support the finalisation of the Planning Proposal, DCP and Planning Agreement for the Sekisui site at 14-16 Hill Road, Sydney Olympic Park.

23. Should Council endorse the Planning Proposal, it will be forwarded to DPIE for finalisation. If Council adopts the amended DCP, it will be updated in the Wentworth Point DCP 2014. Should Council endorse the Planning Agreement, it will progress through the necessary legal process and be registered on the land title accordingly.

Kieren Lawson

Project Officer Land Use

Michael Rogers

Land Use Planning Manager

David Birds

Group Manager, City Planning

Richard Sheridan

Chief Financial Officer

Ian Woodward

Group Manager Legal Services

Jennifer Concato

Executive Director City Planning and Design

Brett Newman

Chief Executive Officer

Attachments:

1 ⇩	Local Planning Panel Minutes & Report	67 Pages
2 ⇩	Response to Submissions	12 Pages
3 ⇩	Planning Proposal	44 Pages
4 ⇩	Draft Development Control Plan	44 Pages
5 ⇩	Draft Planning Agreement	66 Pages

REFERENCE MATERIAL

Governance Manager		Lord Mayor Clr Steven Issa	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 Bob Dwyer

Date	Stakeholder	Stakeholder Comment	Council Officer Response	Responsibility
19 August 2021	Finance Committee	Prepare a report to identify a return to Surplus in 2021-22	Agree that there is an opportunity to make improvements.	Finance
28 September 2021	Finance Committee	Updated report and agreement to progress savings to Council report	Financial measures are consistent to Council long term financial sustainability	Finance

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

Funding Source	NA

CAPEX
CAPEX
External
Internal
Other
Total CAPEX	Nil

Funding Source	NA

1 ⇩	General Purpose Financial Statements	80 Pages
2 ⇩	Special Purpose Financial Statements	11 Pages
3 ⇩	Special Schedules	7 Pages
4 ⇩	FA1776 DRAFT Report on the Conduct of the Audit 2021	8 Pages


	Press	Press

Public Gallery