Agenda of Council - Monday, 22 November 2021

MINUTES OF THE Meeting of City of Parramatta Council HELD IN THE CLOISTER FUNCTION ROOMS, ST PATRICK’S CATHEDRAL 1 MARIST PLACE, PARRAMATTA ON Monday, 8 November 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, Michelle Garrard (Deputy Lord Mayor), Bob Dwyer, Andrew Jefferies (6:36pm), Sameer Pandey, Dr Patricia Prociv, Bill Tyrrell, Andrew Wilson, Lorraine Wearne (6:32pm) and Martin Zaiter.

1. OPENING MEETING

The Lord Mayor, Councillor Steven Issa, opened the meeting at 6.31pm.

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 25 October 2021

3546

RESOLVED (Garrard/Tyrrell)

That the minutes be taken as read and be accepted as a true record of the Meeting with the following amendments:

- Item 18.7 – Notice of Motion: Applying Acoustic Controls on Railway Line at Sydney Olympic Park to read:

3533 RESOLVED (Prociv/Wilson)

That the Lord Mayor write to the Minister for Transport and Roads, the Hon. Rob Stokes MP requesting Transport for NSW investigate and mitigate:

(a) noise levels being emitted from trains in Sydney Olympic Park; including prolonged use of train horns from early morning until midnight, empty eight (8) carriage trains running frequently and excessive noise caused by train wheels and rails and continuous braking; and

(b) noise levels generated by heavy vehicles on the M4 Westconnex Motorway at Newington.

Note: Councillor Wearne arrived at 6:32pm during Confirmation of Minutes.

6. APOLOGIES/REQUESTS FOR LEAVE OF ABSENCE

3547

RESOLVED (Tyrrell/Wearne)

That the request to attend the Ordinary Council Meeting dated 8 November 2021 via remote means submitted by the following Councillors due to personal reasons, be accepted:

- Councillor Barrak

- Councillor Bradley

- Councillor Dwyer

- Councillor Zaiter.

3548

RESOLVED (Tyrrell/Wearne)

That the apologies received from Councillor Pierre Esber due to personal reasons be accepted and leave of absence granted.

7. DECLARATIONS OF INTEREST

Councillor Issa declared a non-pecuniary but significant interest in the Matter of Urgency regarding the NSW Liberal Party, being that he is a member of the Liberal Party State Executive. He retired from the meeting during debate and did not take part in voting on the matter.

Councillor Zaiter declared a non-pecuniary but significant interest in the Matter of Urgency regarding the NSW Liberal Party, being that he is a member of the Liberal Party State Executive. He retired from the meeting during debate and did not take part in voting on the matter.

8. Minutes of the Lord Mayor

8.1

SUBJECT NSW Domestic and Family Violence Prevention Investment

REFERENCE F2019/03630 - D08300276

REPORT OF Lord Mayor, Councillor Steven Issa

3549

RESOLVED (Issa/Garrard)

(a) That Council note the NSW Government’s recent announcement of new social housing and domestic violence funding worth $484.3 million to support the most vulnerable members of NSW communities.

(b) That Council write to the Attorney General and Minister for Prevention of Domestic and Sexual Violence, The Hon Mark Speakman MP; Minister for Women, The Hon Bronnie Taylor MLC; and NSW Communities & Justice regarding the rollout of this funding and opportunities for Council and local service providers to implement initiatives in the City of Parramatta.

(c) That Council officers liaise with local service providers, providing an update on the outcome of these enquiries.

(d) Further, that a report be provided to the Chamber in the first quarter of 2022 providing a summary of any opportunities in Council’s property portfolio and any additional steps that could be taken to assist the Parramatta Women’s Shelter find a permanent home.

Note: Councillor Jefferies arrived at the meeting at 6:36pm during consideration of Item 8.1.

8.2

SUBJECT Parramatta's Smart City Evolution

REFERENCE F2019/03630 - D08301192

REPORT OF Lord Mayor, Councillor Steven Issa

3550

RESOLVED (Issa/Tyrrell)

(a) That Council engage a consultant to deliver:

a. A research paper on global Smart City best practices and how they may be applied in Parramatta; and

b. The development of a new Parramatta Smart City Strategy.

(b) That Council note the matters outlined in paragraph 5 will be considered in the development of the research paper and Smart City Strategy.

(c) That Council note the Smart City Advisory Committee will be consulted on the scope of the research paper and the development of the new Strategy.

(d) That up to $150,000 be allocated from General Reserve to fund the research paper and the new Strategy and that the Council Budget be adjusted accordingly.

(e) Further, that the new Smart City Strategy be presented to Council in the first quarter of the 2022/23 financial year for adoption.

9. Public Forum

There were no public forums.

10. Petitions

10.1

SUBJECT Development Application on Public Notification: 44-46 Wattle Street Rydalmere, NSW 2116

REFERENCE DA/860/2021

FROM Councillor Garrard

Two (2) petitions signed by the public were tabled at the Council Meeting and reads:

1. “You may now be aware that a developer has proposed the construction of a three-story, 46 room boarding house at 44-46 Wattle Street with 24 parking spaces (DA/860/2021), and four-story residential flat building comprising 35 residential units including 12 affordable housing units at 63-67 Pine Street.

Thank you to those who submitted their signed letter to the council recently. Beside sending the letter to the council, we also contacted the Deputy Lord Mayor Michelle Garrard and she's fully supportive towards our action. As a result, she's going to request an extension of the exhibition time frame and she suggests that all local residents sign a petition against the development.

Myself and other residents in the area are extremely concerned about the significant increase in traffic, and the risk to the safety of both residents, many of whom are young families, as well as the children who attend Scribbles & Giggles Day Care Centre and St Mary's Catholic School.”

2. “I am writing to oppose the Development Application (DA/860/2021) on 44-46 Wattle Street, Rydalmere, 2116. After carefully reading and considering all the facts and findings on the attached Letter from Peter Chirgwin and the Cover Letter. I do agree with the issues and risks listed.

Having lived here for numerous years. I hope the council can object to this application proposal for the health and safety of all residents in the area.”

3551

RESOLVED (Garrard/Wilson)

That the petition be received and copy of the petition be circulated to all Councillors.

10.2

SUBJECT Reject the Draft Dunlop Street East Pedestrian and Cyclist Paths - Public Exhibition 7 Oct 2021 - 4 Nov 2021

REFERENCE F2017/01529

FROM Councillor Tyrrell

A petition signed by the public was tabled at the Council Meeting and reads:

“We the residents of Epping are against the Draft Dunlop East Pedestrian and Cyclist Path which is currently on Public Exhibition. The reasons for this opposition are hereby listed below:

1. We are home proud residents, and we have great pride for the area in which we live. We maintain our verges and footpaths to the highest standard and have built quality homes for our families.

2. We believe that the proposal will dramatically alter the existing street scape in which we feel will not be for the better.

3. Each of our driveway gradients and crossovers are different. Therefore, this will cause an uneven and dangerous terrain for cyclists and mobility scooters.

4. We do not object entirely with the install of a bike path facility, however we are against the one that is currently proposed. We suggest the alternatives below with the following reasoning.

a. Alternative 1:

i. Utilise the existing infrastructure in Willoughby Street with a Bus stop and other services. This can create an interlink with the existing bike route installed in Willoughby Street. Further to this the Hermington Street Bus Stops, Local park and Basketball Courts make the Cycle way more accessible to the community.

ii. It will be more practical to have the bike path installed in Willoughby Street as it has a more direct connection to Keeler Street and Tomah Street which have already received partial Cycle-way upgrades.

b. Alternative 2:

i. Dunlop Street is already a very wide road and therefore you can install a (marked-up) bike lane on the road without disturbing the existing nature strip. There has already been an addition of new footpath along the nature strip. Introducing another Concrete Carriage way on the grass verge is excessive; taking from the Street Appeal.

3552

RESOLVED (Tyrrell/Wearne)

(a) That the petition be received and copy of the petition be circulated to all Councillors.

(b) Further, that all Petitioners be notified of the outcome of the matter.

11. Rescission Motions

11.1

SUBJECT NOTICE OF MOTION OF RESCISSION: Item 18.1 - Notice of Motion: Support for Strong Climate Action

REFERENCE F2021/00521 - D08288325

REPORT OF Councillor Bradley

3553

RESOLVED (Bradley/Zaiter)

That the resolution of the Council held on 25 October 2021 in relation to Item 18.1 – Notice of Motion: Support for Strong Climate Action, namely:

(a) That Council note that:

1. The warning from the United Nations’ Intergovernmental Panel on Climate Change (IPCC) in its recent AR6 report that there is a narrowing window of opportunity to prevent catastrophic climate change.

2. This report provides unequivocal scientific evidence that since the pre-industrial era, “Human influence has warmed the climate at a rate that is unprecedented in at least the last 2,000 years.”

3. Council needs to reduce its emissions more for its community and its own operations in light of the latest IPCC science on keeping increased temperature below a dangerous 2°C and preferably below 1.5°C as agreed at the Paris climate conference.

4. In the United Nations’ Sustainable Development Goals 2020 report, Australia ranked last of the 165 OECD nations in regard to its climate policies and action.

5. Based on the IPCC’s carbon budgets, Australia’s Climate Council is urging Australia to achieve net zero emissions by 2035 and 75% emissions reduction by 2030 based on 2005 level.

6. One of the world’s leading conservative climate change economists Sir Nicholas Stern estimated the annual cost of action on climate change to be around 1-2% of GDP by 2050, compared to inaction which was projected to cost 5-20% of GDP by 2050. (Stern Review – www.hm-treasury.gov.uk)

7. Australia has an abundance of low-cost renewable energy resources and can prosper from this competitive advantage to meet growing global demand for zero-emissions products.

(b) Further, that:

1. Council acknowledge the leadership of the Treasurer Matt Kean in substantially increasing renewable energy generation, ongoing jobs and grid stability, as well as announcing a 50% emissions reduction by 2030 target (Kean says his Net Zero Plan will “turn NSW into an energy and economic superpower”).

2. A report be provided to the new term of Council on the cost to achieve a 40% emissions reduction target by 2030 for Council’s operations, based on our 2015 levels.

3. Council request the federal Member for Parramatta to support the Community Protection Pledge to keep residents safe from worsening extreme weather.

be and is hereby rescinded.

3554

RESOLVED (Bradley/Zaiter)

(a) That Council note that:

4. In the United Nations’ Sustainable Development Goals 2020 report, Australia ranked last of the 165 OECD nations in regard to its climate policies and action.

5. Based on the IPCC’s carbon budgets, Australia’s Climate Council is urging Australia to achieve net zero emissions by 2035 and 75% emissions reduction by 2030 based on 2005 level.

7. Australia has an abundance of low-cost renewable energy resources and can prosper from this competitive advantage to meet growing global demand for zero-emissions products.

(b) Further, that:

2. A report be provided to the new term of Council on the costs and benefits to achieve a 40% emissions reduction target by 2030 for Council’s operations, based on our 2015 levels.

3. Council request the federal Member for Parramatta to support the Community Protection Pledge to keep residents safe from worsening extreme weather.

Note: Councillor Jefferies left the Chamber at 6:49pm and returned at 6:51pm during the consideration of the Rescission Motion.

Procedural Motion

3555

RESOLVED (Garrard/Tyrrell)

That items 12.1 to 13.5 be resolved en bloc.

12. Fair

12.1

SUBJECT FOR NOTATION: Investment Report for September 2021

REFERENCE F2021/00521 - D08260461

REPORT OF Tax and Treasury Accountant

3556

RESOLVED (Garrard/Tyrrell)

That Council receive the Investment Report for September 2021.

12.2

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

REFERENCE F2017/00358 - D08263565

REPORT OF Community Capacity Building Officer

3557

RESOLVED (Garrard/Tyrrell)

That Council note the minutes of the Aboriginal and Torres Strait Islander Advisory Committee Meetings held on 22 June, 27 July and 24 August 2021.

12.3

SUBJECT LATE REPORT FOR NOTATION: COVID-19 Vaccination Policy

REFERENCE F2021/00521 - D08282322

REPORT OF Workplace Relations Manager

3558

RESOLVED (Garrard/Tyrrell)

(a) That Council note the Draft COVID-19 Vaccination Policy (Attachment 1) that applies to all City of Parramatta Council workers, including the amendments set out in paragraph 13 of this report.

(b) That Council note the application of any relevant Public Health Orders to Council facilities that are accessible to the public and, in the absence of any applicable public orders, endorse public access without proof of vaccination.

(c) That Council note the undertaking of risk assessments in relation to any high‑risk Council facilities and implementation of COVID-19 safe measures, such as requiring evidence of vaccination, where appropriate.

(d) Further, that Council note that the Chief Executive Officer will undertake risk assessments in relation to high-risk Council facilities and implement COVID-19 safe measures where appropriate for those facilities.

Note: A Notice of Motion of Rescission signed by Councillors Wearne, Wilson and Davis was lodged prior to the close of the meeting in relation to this matter and was considered by Council prior to the conclusion of the Council Meeting.

13. Accessible

13.1

SUBJECT FOR NOTATION: Access Advisory Committee Meeting Minutes held on 8 June, 2021 and 17 August, 2021

REFERENCE F2021/00521 - D08257248

REPORT OF Community Capacity Building Officer, Community Capacity Building

3559

RESOLVED (Garrard/Tyrrell)

That Council note the minutes of the Access Advisory Committee meeting held on 8 June 2021 (Attachment 1) and 17 August 2021 (Attachment 2).

13.2

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

REFERENCE F2021/00521 - D08174562

REPORT OF Group Manager - Development and Traffic Services

3560

RESOLVED (Garrard/Tyrrell)

That the report be received and noted.

13.3

SUBJECT FOR NOTATION: Minutes of the Cycleways Advisory Committee held between November 2020 and September 2021

REFERENCE F2021/00521 - D08253772

REPORT OF Project Officer Transport

3561

RESOLVED (Garrard/Tyrrell)

That Council note the minutes of the Parramatta Cycleways Advisory Committee meetings held 3 November 2020; and 19 January, 23 March, 25 May, 20 July and 21 September in 2021.

13.4

SUBJECT FOR APPROVAL: Minutes of the Parramatta Traffic Committee meeting held on 22 September 2021

REFERENCE F2021/00082 - D07842554

REPORT OF Traffic and Transport Manager

3562

RESOLVED (Garrard/Tyrrell)

(a) That Council note the minutes of the Parramatta Traffic Committee meeting held on 22 September 2021, as provided at Attachment 1.

(b) That Council approve the recommendations of the Parramatta Traffic Committee meeting held on 22 September 2021 provided at Attachment 1 and in this report, noting the following financial implications for each item.

i. ITEM 2109 A1 VILLIERS STREET AT ROSS STREET AND GROSE STREET, PARRAMATTA – RAISE EXISTING PEDESTRIAN CROSSINGS

The estimated cost to raise two pedestrian crossings in Villiers Street, Parramatta is $480,000. These projects received 100% funding from the Federal Government Stimulus Commitments on Road Safety Program (School Zone Infrastructure). Accordingly, there will not be any direct impact on Council’s budgets.

ii. ITEM 2109 A2 BRABYN STREET SOUTH OF ALBERT STREET EAST, NORTH PARRAMATTA – RAISED PEDESTRIAN CROSSING

The estimated cost for upgrading the existing marked school crossing located in Brabyn Street south of Albert Street East, North Parramatta to a raised pedestrian crossing is $220,000. This project is 100% funded by Federal Government Stimulus Commitment on Road Safety Program (School Zone Infrastructure). Accordingly, there will not be any direct impact on Council’s budgets.

iii. ITEM 2109 A3 KARINGAL AVENUE NORTH OF FELTON ROAD, CARLINGFORD – PROPOSED RAISED PEDESTRIAN CROSSING

The estimated cost for the installation of a raised pedestrian crossing in Karingal Avenue north of Felton Road, Carlingford is $220,000. Council has received 100% funding from the Federal Government Stimulus Commitment on Road Safety Program (School Zone Infrastructure) to undertake these works. Accordingly, there will not be any direct impact on Council’s budgets.

iv. ITEM 2109 A4 FELTON ROAD EAST OF BAKER STREET, CARLINGFORD – RAISE EXISTING PEDESTRIAN CROSSING

The estimated cost for the installation of a raised pedestrian crossing in Felton Road east of Baker Street, Carlingford is $240,000. Council has received 100% funding from the Federal Government Stimulus Commitment on Road Safety Program (School Zone Infrastructure) to undertake these works. Accordingly, there will not be any direct impact on Council’s budgets.

v. ITEM 2109 A5 WARATAH STREET (NEAR THE GATE OF MELROSE PARK PUBLIC SCHOOL), MELROSE PARK – RAISED PEDESTRIAN CROSSING

The estimated cost for the installation of a raised pedestrian crossing located in Waratah Street (near the gate of Melrose Park Public School), Melrose Park is $240,000. This project is 100% funded by Federal Government Stimulus Commitment on Road Safety Program (School Zone Infrastructure). Accordingly, there will not be any direct impact on Council’s budgets.

vi. ITEM 2109 A6 HOPE STREET WEST OF WARATAH STREET, MELROSE PARK – RAISED PEDESTRIAN CROSSING

The estimated cost for upgrading the existing pedestrian refuge island located in Hope Street west of Waratah Street (near the gate of Melrose Park Public School), Melrose Park to a raised pedestrian crossing is $280,000. This project is 100% funded by Federal Government Stimulus Commitment on Road Safety Program (School Zone Infrastructure). Accordingly, there will not be any direct impact on Council’s budgets.

vii. ITEM 2109 A7 MURRAY FARM ROAD EAST OF TRACEY AVENUE, CARLINGFORD – RAISED PEDESTRIAN CROSSING

The estimated cost for upgrading the existing marked pedestrian crossing located in Murray Farm Road east of Tracey Avenue, Carlingford to a raised pedestrian crossing is $220,000. This project is 100% funded by Federal Government Stimulus Commitment on Road Safety Program (School Zone Infrastructure). Accordingly, there will not be any direct impact on Council’s budgets.

viii. ITEM 2109 A8 UNNAMED LANE NORTH OF CALDER ROAD AND STATION STREET, DUNDAS – PROPOSED PEDESTRIAN REFUGE ISLAND, LINE MARKING AND SIGNAGE

The estimated cost for the installation of installation of a new pedestrian refuge island, line marking and signage at the corner of Calder Road and Station Street, Dundas is $150,000. This project is 100% funded by Council’s Better Neighbourhood Program.

ix. ITEM 2109 A9 BALLANDELLA ROAD, TOONGABBIE OUTSIDE TOONGABBIE WEST PUBLIC SCHOOL - UPGRADE THE EXISTING RAISED PEDESTRIAN CROSSING TO CURRENT STANDARD

The estimated cost for the reconstruction of the existing raised pedestrian crossing in Ballandella Road, Toongabbie to current standard is $150,000. This project is 100% funded by Federal Government’s Stimulus Commitment on Road Safety Program (School Zone Infrastructure). Accordingly, there will not be any direct impact on Council’s budgets.

x. ITEM 2109 A10 FITZWILLIAM ROAD AT BINALONG ROAD AND REYNOLDS STREET, OLD TOONGABBIE – PROPOSED CHANNELISED RIGHT TURN TREATMENT AND MODIFICATIONS TO TRAFFIC SIGNALS AND MEDIAN ISLANDS

The estimated cost for the construction of the channelised right-turn treatment in Fitzwilliam Road at Reynolds Street, Old Toongabbie and the modifications to the traffic signals and median islands at the intersection of Fitzwilliam Road and Binalong Road, Old Toongabbie is approximately $1.1 million. Council will received 100% funding from the Federal Government Stimulus Commitment on Road Safety Program (School Zone Infrastructure) to undertake these works. Accordingly, there will not be any direct impact on Council’s budgets.

xi. ITEM 2109 A11 ALFRED STREET FROM ELEANOR STREET, ROSEHILL TO GEORGE STREET, PARRAMATTA – PROPOSED PEDESTRIAN AND CYCLIST FACILITIES

TfNSW will fully fund the project (based on an estimated cost of $6.25M) subject to suitable designs being prepared, community consultation and project approval. Accordingly this proposal has no direct financial impact on Council.

xii. ITEM 2109 A12 FERNDALE CLOSE AND HARRIS ROAD, CONSTITUTION HILL – PEDESTRIAN AND CYCLIST FACILITIES TO REALIGN T-WAY CYCLEWAY

TfNSW will fully fund the project (based on an estimated cost of $4.2M) subject to suitable designs being prepared, community consultation and project approval. Accordingly this proposal has no direct financial impact on Council.

13.5

SUBJECT FOR APPROVAL: Minutes of the Traffic Engineering Advisory Group meeting held on 22 September 2021

REFERENCE F2021/00077 - D07842561

REPORT OF Traffic and Transport Manager

3563

RESOLVED (Garrard/Tyrrell)

(a) That Council note the minutes of the Traffic Engineering Advisory Group meeting held on 22 September 2021, provided at Attachment 1.

(b) Further, that Council approve the recommendations of the Traffic Engineering Advisory Group meeting held on 22 September 2021 provided at Attachment 1 and in this report, noting the following financial implications for each item.

i. ITEM 2109 B1 ADDITIONAL SIGNAGE INSTALLED TO SUPPORT THE SAFETY OF PEDESTRIANS AND FOOD DELIVERY BIKE RIDERS

The cost to replace the missing signage was approximately $500 and funded from existing budgets. The PLR Contractor installed and paid for the ‘Walk Your Bike’ advisory signs. The cost of the reflective bands was approximately $500 and funded from Council’s Road Safety Promotions budget.

ii. ITEM 2109 B2 PROJECTS RECENTLY COMPLETED, PROJECTS CURRENTLY FUNDED, AND PROJECTS LISTS FOR CONSIDERATION OF FUTURE FUNDING

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

iii. ITEM 2109 B3 OUTSTANDING WORKS INSTRUCTIONS

Transport for NSW Block Grant funds for 2020/21 and 2021/22 have been used for these works.

iv. ITEM 2109 B4 Kissing Point Road at Quarry Road, Dundas Valley – Review of Traffic Conditions (Ref. TEAG 1911 B1)

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

14. Green

Nil

15. Welcoming

Nil

16. Thriving

16.1

SUBJECT FOR APPROVAL: Naming Proposal for Unnamed Epping Pedestrian Way

REFERENCE F2021/00521 - D08237453

REPORT OF Senior Project Officer Place Services

3564

RESOLVED (Davis/Wearne)

That Council defer consideration of this matter to the first quarter of 2022.

Matter of Urgency

3565

RESOLVED (Pandey/Wearne)

That a procedural motion be granted to allow consideration of a matter of urgency in relation to Outdoor Dining in Church Street.

The Lord Mayor ruled the matter urgent.

3566

RESOLVED (Pandey/Wearne)

That a report be provided to the next Council Meeting on:

1. Outdoor dining for Church Street, its progress and timeframes on works yet to be completed.

2. The cost to Council to complete any work on Church Street in relation to Outdoor Dinning.

3. The impact of the proposed Metro construction on existing businesses on Church Street.

	Matter of Urgency
3567	RESOLVED (Wilson/Prociv) That a procedural motion be granted to allow consideration of a matter of urgency in relation to Parramatta Council condemning NSW Liberal Party. The Lord Mayor ruled the matter urgent.
	Note: 1. The Lord Mayor Councillor Issa declared a non-pecuniary but significant interest in relation to the matter of urgency. He vacated the Chair at 7:06pm. He was not present in the Chamber for the consideration nor vote thereon. The Deputy Lord Mayor assumed the Chair. 2. Councillor Zaiter declared a non-pecuniary but significant interest in relation to the matter of urgency and left the Chamber at 7:06pm prior to consideration of the matter of urgency. He was not present in the Chamber for the consideration nor vote thereon.
	MOTION (Wilson/Davis) It is hereby moved that Parramatta Council condemn the NSW Liberal Party for: (a) breaking its democratic traditions in denying the democratic selection of Liberal candidates for Parramatta Council; (b) its late preselection process that denied any other conservative or pro free enterprise group, such as the Small Business Party, the incentive to form a comprehensive city wide ticket; (c) notes the Liberal Party’s many savage attacks on the ALP for “faceless men” curtailing the democratic rights of the ALP membership; (d) by threatening the members who do run for Council with expulsion it leaves the affected Councils in a position where the ALP will have an electoral advantage going forward. The motion moved by Councillor Wilson and seconded by Councillor Davis on being put was declared LOST.
	Note: 1. Councillor Barrak requested his name be recorded as having voted against the decision taken in this item. 2. Councillor Dwyer requested his name be recorded as having voted against the decision taken in this item. 3. Councillor Jefferies requested his name be recorded as having voted against the decision taken in this item. 4. Councillor Tyrrell requested his name be recorded as having voted against the decision taken in this item.

Note: Lord Mayor Councillor Issa and Councillor Zaiter returned to the Chamber at 7:29pm after the consideration of matter of urgency.

The Lord Mayor resumed the Chair at 7:29pm.

17. Innovative

17.1

SUBJECT FOR NOTATION: Minutes of the Heritage Advisory Committee Meetings held on 19 August 2021 and 7 September 2021

REFERENCE F2013/00235 - D08252791

REPORT OF Project Officer Land Use

3568

RESOLVED (Tyrrell/Pandey)

That Council receive and note the minutes of the Heritage Advisory Committee meetings of 19 August 2021 and 7 September 2021.

17.2

SUBJECT FOR APPROVAL: Retail Frontage Improvement Program - Two Applications

REFERENCE F2021/00521 - D08204869

REPORT OF Project Officer - Local Business Liaison

3569

RESOLVED (Garrard/Tyrrell)

(a) That Council approve a new funding agreement for 247 Church Street, Parramatta as outlined at paragraph 10.

(b) That Council approve a funding agreement for 49 Adderton Road, Telopea as outlined at paragraph 14.

(c) Further, that the Chief Executive Officer be delegated authority to execute any documents in relation to this matter.

18. Notices of Motion

Nil

19. Questions with Notice

Nil

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

20. CLOSED SESSION

3570

RESOLVED (Tyrrell/Wearne)

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 NOTATION: Legal Status Report as at 30 September 2021. (D08210113) - This report is confidential in accordance with section 10A (2) (g) of the Local Government Act 1993 as the report contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

20.2 FOR NOTATION: Minor Property Dealings Q1 2021/22. (D08209610) - This report is confidential in accordance with section 10A (2) (c) 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.

20.3 FOR NOTATION: Response to Notice of Motion - Moving Art in the Parramatta Local Government Area. (D08240342) - 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.

20.4 FOR APPROVAL: 26x Stanley Road, Epping - Epping Creative Centre - Request For New Agreement. (D08187338) - This report is confidential in accordance with section 10A (2) (d) of the Local Government Act 1993 as the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

20.1	SUBJECT FOR NOTATION: Legal Status Report as at 30 September 2021 REFERENCE F2021/00521 - D08210113 REPORT OF Group Manager Legal Services
	MOTION (Tyrrell/Davis) That Council note the Legal Status Report as at 30 September 2021.
3571	RESOLVED (Zaiter/Tyrrell) That the motion be put.
	The motion moved by Councillor Tyrrell and seconded by Councillor Davis on being put was declared CARRIED.
3572	RESOLVED (Tyrrell/Davis) That Council note the Legal Status Report as at 30 September 2021.

20.2

SUBJECT FOR NOTATION: Minor Property Dealings Q1 2021/22

REFERENCE F2021/00521 - D08209610

REPORT OF Property Services and Space Management Manager

3573

RESOLVED (Tyrrell/Garrard)

That the report be received.

20.3

SUBJECT FOR NOTATION: Response to Notice of Motion - Moving Art in the Parramatta Local Government Area

REFERENCE F2021/00521 - D08240342

REPORT OF Senior Officer - Cultural Projects & Public Art

3574

RESOLVED (Prociv/Zaiter)

That Councillors note the procurement and contractual framework Council has created for the Commissioning and Deaccessioning of Public Artworks, as of 2021.

20.4

SUBJECT FOR APPROVAL: 26x Stanley Road, Epping - Epping Creative Centre - Request For New Agreement

REFERENCE F2021/00521 - D08187338

REPORT OF Space Management Officer

3575

RESOLVED (Davis/Wearne)

(a) That Council offer a Lease to the Epping Creative Centre Incorporated as per the terms and conditions outlined in Paragraph 8 of this Report.

(b) Further, that the Chief Executive Officer be delegated authority to execute any agreement(s) associated with the matter.

Procedural Motion

3576

RESOLVED (Tyrrell/Zaiter)

That the meeting resume into Open Session.

21. REPORTS OF RESOLUTIONS PASSED IN CLOSED SESSION

The Chief Executive Officer read out the resolutions for Items 20.1 to 20.4.

11.1	SUBJECT NOTICE OF MOTION OF RESCISSION: Item 18.1 - Notice of Motion: Support for Strong Climate Action REFERENCE F2021/00521 - D08288325 REPORT OF Councillor Bradley

SUBJECT NOTICE OF MOTION OF RESCISSION: Item 12.3 Late Report for Notation: COVID-19 Vaccination Policy

REFERENCE F2021/00521

REPORT OF Councillor Garrard

3577

RESOLVED (Garrard/Tyrrell)

That the resolution of the Council held on 8 November 2021 in relation to Item 12.3 – Late Report for Notation: COVID-19 Vaccination Policy, namely:

(a) That Council note the Draft COVID-19 Vaccination Policy (Attachment 1) that applies to all City of Parramatta Council workers, including the amendments set out in paragraph 13 of this report.

(c) That Council note the undertaking of risk assessments in relation to any high‑risk Council facilities and implementation of COVID-19 safe measures, such as requiring evidence of vaccination, where appropriate.

(d) Further, that Council note that the Chief Executive Officer will undertake risk assessments in relation to high-risk Council facilities and implement COVID-19 safe measures where appropriate for those facilities.

be and is hereby rescinded.

3578

RESOLVED (Garrard/Wilson)

That Council take no further action in relation to this matter, as it is an operational policy.

22. CONCLUSION OF MEETING

The meeting terminated at 7:44pm.

THIS PAGE AND THE PRECEDING 18 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON MONDAY, 8 NOVEMBER 2021 AND CONFIRMED ON MONDAY, 22 NOVEMBER 2021.

Chairperson

Fair

22 November 2021

12.1 FOR NOTATION: Investment Report for October 2021... 29

12.2 FOR NOTATION: Public Presentation of the 2020-2021 Annual Financial Statements........................ 79

12.3 FOR NOTATION: Community Strategic Plan End of Term Report 2018-21 201

12.4 FOR NOTATION: Minutes of the 5/7 Parramatta Square Advisory Group Meetings held in July, September and October 2021.................. 238

12.5 FOR NOTATION: NSW Veterans Strategy........... 252

12.6 FOR NOTATION: Annual Code of Conduct Complaint Statistics returned to the Office of Local Government 256

12.7 FOR APPROVAL: 12 Grand Avenue Boundary Adjustment...................... 261

12.8 FOR APPROVAL: Classification of Lot 5 DP1238944 as Operational Land................................ 276

12.9 NOTE LATE REPORT FOR APPROVAL: Adoption of the Councillors' Expenses and Facilities Policy............... 280

Council 22 November 2021 Item 12.1

FAIR

ITEM NUMBER 12.1

SUBJECT FOR NOTATION: Investment Report for October 2021

REFERENCE F2021/00521 - D08299471

REPORT OF Tax and Treasury Accountant

reason in caretaker:

This matter may be considered during the Caretaker Period as it does not contravene the provisions of Clause 393B of the Local Government (General) Regulations 2021.

PURPOSE:

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

RECOMMENDATION

That Council receive the Investment Report for October 2021.

BACKGROUND

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

2. The report must include a certificate as to whether or not the investments have been made in accordance with the Local Government Act 1993 (the Act), the Local Government (General) Regulation 2005 and Council’s Investment Policy.

ISSUES/OPTIONS/CONSEQUENCES

Investment Portfolio Summary

3. The investment portfolio closing balance as at 31 October 2021 was $480.4m. The average portfolio holdings held throughout the month was $480m.

4. The majority of Council’s investment portfolio is in term deposits (65%). The portfolio also includes liquid floating rate notes (FRNs), cash, and the TCorp Long Term Growth Fund (LTGF).

5. Approximately 9% of the portfolio are less conservative long-term investments. The investment portfolio is well diversified and weighted towards higher-rated institutions.

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

Table 1: Summary of investment portfolio

Performance Summary

7. Investment performance for the month. The investment portfolio reported a monthly- annualised return of 0.85% in October, outperforming the AusBond Bank Bill Index benchmark by 86 basis points. Councils range of term deposits with variable durations from 30 days to 5 years contributed to the strong performance with an average yield of 1.22%.

8. Councils Floating Rate Notes (FRN’s) (1.17% annualised) and term deposits (1.22% annualised) accounts for approximately 80% of Councils portfolio and currently has a weighted average yield of 60-100 basis points above current market offers.

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

Table 2: Historical investment portfolio performance

10. Investment income. As at 31October 2021, the cumulative actual interest earned was $2.03m, falling below the year-to-date budget by approximately $301k. The fall in interest income is primarily due to the LTGF reporting a negative return for the month of -0.44% (actual).

Table 3: Year-to-date cumulative interest income

Maturities

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

12. Overall, the portfolio remains well diversified from a maturity perspective, with around 33% of assets directed to medium term (2-5 years). This duration is where Council advisors believe the most attractive yields are currently available.

Table 8: Maturity profile

Compliance

13. The portfolio complies with Council’s Investment Policy rating limits, with ample investment opportunity still available in A-rated institutions, and approx. $62m capacity in BBB+/unrated institutions.

Graph 1: Investment Policy rating capacity

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

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

Table 8: Exceptions to counterparty limits

Institution

Policy Limit ($‘000)

Held ($’000)

Overweight ($’000)

Reason

Compliance Date

Q Bank

1,000

1,004

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

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

14 Dec 2021

AMP

24,017

24,109

This minor counterparty breach is due to total portfolio shrinkage during September and October 21. With the upcoming rates instalment due on 30/11/21, this will self- correct in November as portfolio size increases

30 Nov 2021

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

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

17. Detail investment performance commentary in relation to each investment product /type can be found in the Imperium comprehensive report attached.

Certification of Investments

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

Richard Sheridan, Chief Financial Officer.

CONSULTATION & TIMING

Stakeholder Consultation

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

Date

Stakeholder

Stakeholder Comment

Council Officer Response

Responsibility

31 October 2021

Imperium Markets

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

Refer Imperium Comprehensive Report

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

Richard Sheridan

Chief Financial Officer

Bruce MacFarlane

Treasury & Tax Accountant

Councillor Consultation

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

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

FINANCIAL IMPLICATION FOR COUNCIL

21. The investment interest forecast increased by $1.2m as at the September 21 quarterly review. This increase is based on the outstanding performance of the T-Corp Long Term Growth fund returning 16% over the last 12 months.

The fund has 70% exposure to both domestic and foreign shares, which can cause volatility on a month-to-month basis. During October 21, the fund reported negative returns of -0.44%, impacting interest income.

Bruce MacFarlane

Tax and Treasury Accountant

Richard Sheridan

Chief Financial Officer

Jillian Khoo

Executive Director Corporate Services

Brett Newman

Chief Executive Officer

Attachments:

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

REFERENCE MATERIAL

Council 22 November 2021 Item 12.2

FAIR

ITEM NUMBER 12.2

SUBJECT FOR NOTATION: Public Presentation of the 2020-2021 Annual Financial Statements

REFERENCE F2019/04433 - D07809627

REPORT OF Chief Financial Officer

reason in caretaker:

This matter may be considered during the Caretaker Period as it does not contravene the provisions of Clause 393B of the Local Government (General) Regulations 2021.

PURPOSE:

To receive and present to the public the final 2020-2021 Annual Financial Statements, Auditor’s Reports and public submissions.

RECOMMENDATION

That the 2020-2021 Annual Financial Statements, Auditor’s Reports and any public submissions be received and presented to the public.

BACKGROUND

1. The Council is required to present the 2020-2021 Annual Financial Statements and Auditor’s Reports to the general public in accordance with the provisions of the Local Government Act 1993.

2. The Council, at its meeting held on 25 October 2021, received the Auditor’s Reports from the Audit Office of NSW and adopted the 2020-2021 Annual Financial Statements. The report to the Council Meeting is attached (Attachment 1).

3. As required under the Local Government Act 1993, the statements and reports have been submitted to the Office of Local Government.

4. The 2020-2021 Annual Financial Statements and Auditor’s Reports were placed on public exhibition at the Church Street Administrative Building and the City of Parramatta Central Library. Advertisements were placed in local newspapers on 2 November 2021 advising that the reports would be presented to the public at the Council meeting on 22 November 2021, and inviting submissions on the reports to be received by 10 November 2021.

5. At the time of writing, no public submissions have been received. Any subsequent submissions received will be presented at the Council meeting on 22 November 2021.

6. A copy of the Auditor’s Reports is attached for information (Attachments 2,3 and 4).

7. The Council must ensure that copies of all submissions received by it are referred to the Auditor, and may take such action as they consider appropriate with respect to any such submission, including the giving of notice to the Chief Executive of the Office of Local Government of any matter that appears to require amendment of Council’s Financial Statements.

ISSUES/OPTIONS/CONSEQUENCES

8. The presentation of the Council’s 2020-2021 Financial Statements and the Auditor’s Reports to the public at the Council meeting on 22 November 2021 will ensure that Council meets its statutory obligations in respect of financial reporting.

CONSULTATION & TIMING

Stakeholder Consultation

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

Date	Stakeholder	Stakeholder Comment	Council Officer Response	Responsibility
2 November 2021, open until 10 November 2021	Public	No comments received at the time of writing.	N/A	Chief Financial Officer

Councillor Consultation

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

Date	Councillor	Councillor Comment	Council Officer Response	Responsibility
25 October 2021	Full Council meeting	Financial statements adopted by Council	N/A	Chief Financial Officer

LEGAL IMPLICATIONS FOR COUNCIL

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

FINANCIAL IMPLICATIONS FOR COUNCIL

12. If Council resolves to approve this report in accordance with the proposed resolution, the financial impact on the budget are set out in the table below.

13. There are no unbudgeted financial implications associated with the presentation of the 2020-21 Annual Financial Statements.

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

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

Funding Source

CAPEX
CAPEX
External
Internal
Other
Total CAPEX

Funding Source

Richard Sheridan

Chief Financial Officer

Jillian Khoo

Executive Director Corporate Services

Brett Newman

Chief Executive Officer

Attachments:

1 ⇩	Report to Council on 25 October 2021 - Presentation of the audited 2020-2021 Annual Financial Statements	110 Pages
2 ⇩	Auditor-General Independent Auditor's Report - Report on General Purpose Financial Statements - City of Parramatta Council	3 Pages
3 ⇩	Auditor-General Independent Auditor's Report - Report on Special Purpose Financial Statements - City of Parramatta Council	3 Pages
4 ⇩	Auditor-General Independent Auditor's Report - Special Schedule - Permissible Income for general rates - City of Parramatta Council	3 Pages

REFERENCE MATERIAL

Council 22 November 2021 Item 12.4

FAIR

ITEM NUMBER 12.4

SUBJECT FOR NOTATION: Minutes of the 5/7 Parramatta Square Advisory Group Meetings held in July, September and October 2021

REFERENCE F2021/00521 - D08278057

REPORT OF Business Governance Officer

workshop/briefing date: Nil

reason in caretaker:

This matter may be considered during the Caretaker Period as it does not contravene the provisions of Clause 393B of the Local Government (General) Regulations 2021.

PURPOSE:

To inform Council of key discussion points from the 5/7 Parramatta Square Advisory Group Meeting held on 15 July, 2 September, 16 September and 7 October 2021.

RECOMMENDATION

That Council receive and note the minutes of the 5/7 Parramatta Square Advisory Group Meetings held on 15 July, 2 September, 16 September and 7 October 2021.

BACKGROUND

1. Council’s 5/7 Parramatta Square Advisory Group (Advisory Group) meets every month and currently comprises seven (7) members. The purpose of the Advisory Group is to guide the continued progress of the current design, construction, and business readiness activities of 5 and 7 Parramatta Square.

2. Council receives reports detailing the minutes of Advisory Group meetings, to keep Council informed of the advice of the Advisory Group. The Advisory Group will provide recommendations to Council separately on matters that require Council resolution.

3. This report summarises key discussion points of these meetings for Council’s information.

4. The minutes of the meeting for the 15 July 2021 are provided at Attachment 1.

5. The minutes of the meeting for 2 September 2021 are provided at Attachment 2.

6. The minutes of the meeting for 16 September 2021 are provided at Attachment 3.

7. The minutes of the meeting for 7 October 2021 are provided at Attachment 4.

KEY DISCUSSION POINTS

8. The key points discussed at the 15 July 2021 meeting are summarised below.

Public Domain and Town Hall Façade Update

9. Different materials for the Town Hall façade were presented to the Advisory Group. The Advisory Group recommend the use of translucent glass for the Town Hall façade.

10. A flythrough of the forecourt, 5PS and 7PS was presented to the Advisory Group.

11. The key points discussed at the 2 September 2021 meeting are summarised below.

5 Parramatta Square Construction Update (COVID19 Impacts)

12. A summary of COVID restriction impacts was presented to the Advisory Group with the practical construction completion date moved to 13 May 2022.

5 & 7 Parramatta Square Food & Beverage EOI Update

13. An update on the food and beverage expression of interest process was presented to the Advisory Group. The Advisory Group recommend that advertising of the EOI, and access to EOI teaser information be presented in a less onerous format to encourage applications. The Advisory Group also requested a list of vendors Future Foods has engaged as a part of this process.

5 Parramatta Square Naming Project Update

14. An update on the 5 Parramatta Square Naming Project was presented to the Advisory Group. The Advisory Group was advised that Traffic Agency has been engaged to present potential naming options.

5 Parramatta Square Building Function Design Walkthrough

15. A floor by floor walkthrough was presented to the Advisory Group. Concepts of public art and Discovery Centre Space programming were presented, as well as a summary of café offerings. The Advisory Group recommended that the artwork in the void space of the Ground Floor be changeable. The Advisory Group recommended a policy or process to address how food will be allowed and managed in 5PS be drafted and return to the Group.

16. The key points discussed at the 16 September 2021 meeting are summarised below.

5PS Naming Project

17. Traffic Agency presented seven naming options for the 5 Parramatta Square civic building. The Advisory Group recommended five of the names be presented to all Councillors at a further Councillor workshop.

Construction Update

18. Covid impacts were presented to Councillors. Progress photos of 5 Parramatta Square were presented to Councillors.

19. They key points discussed at the 7 October 2021 meeting are summarised below.

Heritage Interpretation

20. 5 Parramatta Squares heritage interpretation was presented to the Advisory Group. The Advisory Group recommend that sport is represented in the heritage interpretation. The Advisory Group recommend that all Mayor’s are pictured on the wall of chambers.

CONSULTATION & TIMING

Stakeholder Consultation

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

Date	Stakeholder	Stakeholder Comment	Council Officer Response	Responsibility
N/A

Councillor Consultation

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

Date	Councillor	Councillor Comment	Council Officer Response	Responsibility
N/A

LEGAL IMPLICATIONS FOR COUNCIL

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

FINANCIAL IMPLICATIONS FOR COUNCIL

24. There are no financial implications for Council associated with noting the minutes of the Advisory Group meeting. All budget implications associated with the delivery of the 5 and 7 Parramatta Square project are subject to separate reports.

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

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

Funding Source

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

Funding Source

CAPEX
CAPEX
External
Internal
Other
Total CAPEX	Nil

Sahar Shahin

Business Governance Officer

Boz Lukin

Group Manager Project Delivery

Christopher Snelling

Group Manager City Assets Parramatta Square

Richard Sheridan

Chief Financial Officer

Justin Day

Group Manager Property Development

Brett Newman

Chief Executive Officer

Attachments:

1 ⇩	15 July 2021 Minutes	2 Pages
2 ⇩	2 September 2021 Minutes	3 Pages
3 ⇩	16 September 2021 Minutes	3 Pages
4 ⇩	7 October 2021 Minutes	2 Pages

REFERENCE MATERIAL

Council 22 November 2021 Item 12.5

FAIR

ITEM NUMBER 12.5

SUBJECT FOR NOTATION: NSW Veterans Strategy

REFERENCE F2021/00521 - D08281534

REPORT OF Chief People & Culture Officer

workshop/briefing date: Nil

reason in caretaker:

This matter may be considered during the Caretaker Period as it does not contravene the provisions of Clause 393B of the Local Government (General) Regulations 2021.

PURPOSE:

To respond to a request from Council to consider the NSW Veterans Strategy 2021-2024 and to consult with the NSW Office of Veterans Affairs on this Strategy. Following those discussions this report outlines a series of recommendations to seek out current and future opportunities for Council to partner or use the resources and actions being developed by the NSW Government to support Veteran’s employment initiatives.

RECOMMENDATION

(a) That the City of Parramatta update our recruitment application process to include an optional question asking Veterans to self-identify and, include a Diversity and Inclusion Statement in our job advertisements stating our position as an inclusive employer thereby encouraging job seekers such as Veterans to apply for roles.

(b) That the City of Parramatta commit to providing feedback to any Veteran that makes it to the final round of interviewing, enabling them to improve their effectiveness for future job applications as recommended by the Office for Veteran Affairs.

(c) That the City of Parramatta include Veterans as a focus area in our Diversity and Inclusion Strategy and form a Veterans Employee Resource Group in 2022 to identify key initiatives and actions to increase Veteran representation in our workforce.

(d) Further, that the City of Parramatta continues to support local RSLs with commemorative days and celebrations.

BACKGROUND

1. Council had noted the NSW Veterans Strategy 2021-2024 and supporting Action

Plan was released by the NSW Government on 25 April 2021, which identifies

Local Government as a Preferred Employer under ‘Theme 2 – Education and

Employment’.

ISSUES/OPTIONS/CONSEQUENCES

2. It is recommended that City of Parramatta consider developing a Veterans Program when the Veterans Employee Resource Group is formed. This will support the needs of Veterans as they transition from Military service to employment. A number of Councils have introduced similar programs and City of Parramatta will further research available options, and potentially partner with other Councils, to ensure the program provides the support Veterans may need including connection to other Veterans, a buddy program and a Mentoring Program to assist in the smooth transition of working in local government.

CONSULTATION & TIMING

Stakeholder Consultation

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

Date

Stakeholder

Stakeholder Comment

Council Officer Response

Responsibility

Thursday 7^th October 2021

Craig Delaney (Office for Veteran Affairs)

Discussed Veterans Strategy and opportunities for City of Parramatta to engage with Veterans

To take on recruitment strategies and opportunities to capture Veterans applying to City of Parramatta, and to provide feedback

People and Culture

Thursday 21^st October 2021

Jessica Wheat (Senior Producer – Civic Programs and Events)

Outlined current support for Parramatta and Epping RSLs sub-Branches with their ANZAC & Remembrance Day services. We support the Parramatta Memorial Sub Section of the Naval Association of Australia with the HMAS Parramatta II Memorial Service in November.

Other groups we have an existing working relationship includes Royal Australian Navy - HMAS Parramatta IV (Commanding Officer) and 1^st/15^th Royal NSW Lancers & Lancer Association

To seek out future opportunities to continue to engage with local RSLs

People and Culture

Councillor Consultation

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

Date	Councillor	Councillor Comment	Council Officer Response	Responsibility

LEGAL IMPLICATIONS FOR COUNCIL

5. Include any legal implications (if required) that have been considered in preparing this report to Council. NIL

FINANCIAL IMPLICATIONS FOR COUNCIL

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

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

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

Funding Source

Operating Result
External Costs
Internal Costs
Depreciation
Other
Total Operating Result

Funding Source

CAPEX
CAPEX
External
Internal
Other
Total CAPEX

Bernadette Cavanagh

Chief People & Culture Officer

Richard Sheridan

Chief Financial Officer

Jillian Khoo

Executive Director Corporate Services

Brett Newman

Chief Executive Officer

Attachments:

REFERENCE MATERIAL

Council 22 November 2021 Item 12.7

FAIR

ITEM NUMBER 12.7

SUBJECT FOR APPROVAL: 12 Grand Avenue Boundary Adjustment

REFERENCE DA/671/2020 - D08284315

REPORT OF Property Officer

workshop/briefing date: Nil

reason in caretaker:

This matter may be considered during the Caretaker Period as it does not contravene the provisions of Clause 393B of the Local Government (General) Regulations 2021.

PURPOSE:

To approve the boundary adjustment at 12 Grand Avenue, Rosehill in accordance with conditions set out in DA/671/2020.

RECOMMENDATION

(a) That Council approve in accordance with conditions set out in DA/671/2020:

i. to transfer the land coloured green in Attachment 1 (A) to the applicant;

ii. to acquire the land coloured green in Attachment 1 (B) as consideration of the above land transfer

(b) That Council note the area and value of the land coloured green in Attachment 1 (A) is approximately equivalent to the area and value of the land coloured green in Attachment 1 (B).

(c) That Council approve to classify the portion of land, coloured green on Attachment 1 (B), as operational upon transfer.

(d) Further, that Council delegate authority to the Chief Executive Officer to sign all documentation, including but not limited to landowner’s consent, in connection with this matter.

BACKGROUND

1. DA/671/2020 was lodged for the purpose of a boundary adjustment of 12-12A Grand Avenue, Rosehill which included Council owned land (Lot 1 DP 845322).

2. Lot 1 DP845322, is owned by Council and runs between a privately owned parcel of land being Lot 3 DP542208. The Council owned parcel is coloured green on Attachment 1 (A).

3. DA/671/2020 was approved subject to the conditions found at Attachment 2. The consent holder was required to liase with the Property, Security, Assets and Services Team prior to the land swap, to ensure all of Council’s requirements are met.

4. The Property Security, Assets & Services team have been consulted as per the consent conditions.

5. Lot 1 DP845322 which Council currently own is approx. 4,316m2. Through the land swap Council will be receiving a parcel coloured green on Attachment 1 (B) which has an approx. area of 4,316m2.

6. The value and area of the land Council is receiving from the applicant, is approximately equivalent to the value and area of the land Council is transferring to the applicant.

7. Both parcels of land included in the land swap are zoned Heavy Industrial - IN3 under the Parramatta Local Environmental Plan 2011.

8. Classifying the land as Operational will allow Council to have greater control over the use and future development impacts within the Rosehill/Camellia industrial area.

ISSUES/OPTIONS/CONSEQUENCES

9. By approving the proposed boundary adjustment, Council will be able to complete future road works along Grand Avenue without having to acquire privately owned land and control future development impacts on the land.

10. Currently, to access and maintain the Council owned land, officers must enter and move across the privately owned land.

CONSULTATION & TIMING

Stakeholder Consultation

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

Date	Stakeholder	Stakeholder Comment	Council Officer Response	Responsibility
October 2021	Civil Infrastructure	Agrees to the boundary adjustment.	Noted. Boundary of land swap confirmed.	Andy Ling, Manager Civil Infrastructure

Councillor Consultation

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

Date	Councillor	Councillor Comment	Council Officer Response	Responsibility
Nil

LEGAL IMPLICATIONS FOR COUNCIL

13. If the recommendation is approved, Council will engage an external solicitor to prepare and review all transfer and associated documentation.

14. Council’s external solicitor will also lodge the appropriate transfer documentation with the NSW LRS.

15. All costs incurred by Council during this process will be borne by the applicant.

FINANCIAL IMPLICATIONS FOR COUNCIL

16. All costs associated with the boundary adjustment and land swap will be borne by the Applicant and be at no expense to 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
External Revenue
Total Revenue	NIL

Funding Source

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

Funding Source

CAPEX
CAPEX
External
Internal
Other
Total CAPEX	NIL

Benjamin Ayoub

Property Officer

Robert Ramsbottom

Group Manager Property, Security, Assets & Services

Richard Sheridan

Chief Financial Officer

Ian Woodward

Group Manager Legal Services

Justin Day

Group Manager Property Development

Brett Newman

Chief Executive Officer

Attachments:

1 ⇩	Land swap parcels	1 Page
2 ⇩	Signed consent conditions	10 Pages

REFERENCE MATERIAL

Council 22 November 2021 Item 12.8

FAIR

ITEM NUMBER 12.8

SUBJECT FOR APPROVAL: Classification of Lot 5 DP1238944 as Operational Land

REFERENCE DA/961/2015 - D08298365

REPORT OF Manager Property Plan & Program

workshop/briefing date: Nil

reason in caretaker:

This matter may be considered during the Caretaker Period as it does not contravene the provisions of Clause 393B of the Local Government (General) Regulations 2021.

PURPOSE:

To classify Lot 5 DP1238944 (Attachment 1), as Operational Land upon transfer to Council.

RECOMMENDATION

(a) That, Council in accordance with section 31(2) of the Local Government Act 1993, classify Lot 5 DP1238944 (Attachment 1) as ‘Operational’ land for the purposes outlined at paragraph 3 and 4 of the report.

(b) That, upon dedication of the proposed road, the balance of Lot 5 DP1238944, be classified as ‘Community’ land as outlined at paragraph 5 of the report.

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

BACKGROUND

1. Through DA/961/2015, a park is to be dedicated to Council adjacent to Cowper Street, Granville (Attachment 1), at no cost. It is also required to be embellished at no cost to Council.

2. Lot 5 DP1238944 is required to be transferred to Council upon completion of the embellishment works.

ISSUES/OPTIONS/CONSEQUENCES

3. A future road link is required to be excised from the park at some stage. A public road cannot be dedicated if the land is classified as ‘Community’.

4. As such, the park is to be dedicated as Operational to allow for the future road link to be constructed and dedicated as public road. This is shown on Attachment 1.

5. Upon the future construction and dedication of the through site link road, it is proposed that the remainder of the park will automatically be classified as ‘Community’, in keeping with the proposed usage.

6. Should Council not proceed with the initial classification of the land as ‘Operational’, Council would not be able to dedicate the future through site link road.

CONSULTATION & TIMING

Stakeholder Consultation

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

Date	Stakeholder	Stakeholder Comment	Council Officer Response	Responsibility
September 2021	City Planning & Design	Land to be classified as Operational to allow for the future through site link.	Agreed with comment.	Deb Eastment, Team Leader Public Domain

Councillor Consultation

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

Date	Councillor	Councillor Comment	Council Officer Response	Responsibility
Nil

LEGAL IMPLICATIONS FOR COUNCIL

9. If the recommendation is approved, Council will engage an external solicitor to prepare and review all transfer and associated documentation.

10. Council’s external solicitor will also lodge the appropriate transfer documentation with the NSW LRS.

11. All costs incurred by Council during this process will be borne by the applicant.

FINANCIAL IMPLICATIONS FOR COUNCIL

12. All costs associated with the transfer will be borne by the Applicant and be at no expense to Council.

13. The applicant will be required to maintain the land for two years from handover.

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

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

Funding Source

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

Funding Source

CAPEX
CAPEX
External
Internal
Other
Total CAPEX	Nil

Maurice Higgins

Manager Property Plan & Program

Robert Ramsbottom

Group Manager Property, Security, Assets & Services

Richard Sheridan

Chief Financial Officer

Ian Woodward

Group Manager Legal Services

Justin Day

Acting Executive Director Property & Place

Brett Newman

Chief Executive Officer

Attachments:

1 ⇩

Plan of dedication

1 Page

REFERENCE MATERIAL

Council 22 November 2021 Item 13.1

ACCESSIBLE

ITEM NUMBER 13.1

SUBJECT FOR APRROVAL: Response to Notice of Motion – Accessibility to Council Halls

REFERENCE F2021/00521 - D08133018

FROM Property Programmer

workshop/briefing date: Nil

reason in caretaker:

This matter may be considered during the Caretaker Period as the financial commitment falls below the provisions set out in Clause 393B of the Local Government (General) Regulations 2021.

PURPOSE:

Response to Notice of Motion dated 9 December 2019 on the level of compliance of community buildings to the current Australian Standards of Accessibility.

RECOMMENDATION

(a) That, Council receives and notes the feasibility report in Attachment A for the upgrade of Council Halls including stages to the current Australian Access Standards.

(b) That Council approve updating the 2022/23 and 2023/24 budgets to include the recommended upgrade works as detailed in paragraphs 7 and 17.

(c) Further, that Council note if the above recommendation is approved, the Local Government Regulations require the Council budget (including these capital works) be affirmed and adopted by Council prior to commencement of the relevant financial years.

BACKGROUND

1. Council via a Notice of Motion dated 09 December 2019 resolved;

a) That a report be brought back to Council in March 2020 on the level of compliance to the current Australian Standards of Accessibility for our community halls including access to stages; and

b) Further, that the report outline the level of compliance, options, priorities and strategies, practical solutions, costs, temporary measures to effectively address the issue – including identifying facilities where work can commence with the aim to be 100% compliant as soon as possible.

2. Council officers acknowledge that this report was requested in December 2019, delays have been due to staff turnover and time taken to assess different solutions, explore the options of removing some of the stages as well as exploring funding sources.

3. Council owns and operates nine community buildings containing halls with stages. The height of the stages range between 320mm to 1230mm.

4. The nine community halls are not compliant with current Australian Access Standards; however, they were compliant with the standards at the time of construction as such are not required to be updated to the current Australian Access Standards unless major works are undertaken at a building.

ISSUES/OPTIONS/CONSEQUENCES

5. Council staff commissioned a feasibility report for the upgrade of the community halls to current Australian Access Standards. The North Rocks Senior Citizens Centre was excluded from the report as the building was programmed for internal refurbishment which includes the removal of the stage and upgrade of the amenities to current Australian Access Standards.

6. The feasibility report at Attachment A identified options with solutions and cost estimates that can be undertaken to achieve 100% compliance with current Australian Access Standards. Summary of the feasibility study and Council Officer’s recommended works are listed in the table below.

7. Summary of recommended works

Ward	Building Name	Recommended works	*Estimated Cost (exGST)**	Status
North Rocks	North Rocks Senior Citizens Centre	Stage was removed as part of the internal refurbishment project in October 2021.	$0	Scheduled for completion in November 20221
North Rocks	Don Moore Community Centre	The improvements involve increasing the accessibility of the existing stage with installation of an accessible lift from the hall to the side of the stage. It is suggested that the retention of the stage (with associated accessibility upgrade) represents the better value proposition as the existing stage is large and appropriate for many activities (and thus has good long-term utility). Existing accessible toilet compartment size is compliant.	$0	North Rocks Councillors requested removal of works noting the North Rocks Park Masterplan future works
Epping	Epping Leisure & Learning Centre	The suggested removal of the stage has been included with the internal and external improvement projects funded by the Local Roads and Community Infrastructure Program (LRCIP) due for completion in March 2022. Existing accessible toilet compartment size is compliant.	$0	Scheduled for completion in February 2022
Epping	Epping Community Centre (School of Arts)	As this is a heritage listed item it is important to maintain the character of the existing stage. The improvements will involve increasing the accessibility of the existing stage by providing an accessible platform lift and replacing both staircases to match and maintain the symmetrical nature of the stage. The existing accessible toilet compartment size is compliant, however there are no ambulant compartments within the existing amenities. One compartment of both male and female toilet facilities is to be upgraded to an ambulant compartment (to AS1428.1). Furthermore, the doors from the hall to the foyer should be upgraded with mechanical operations (Dorma or similar) with either button or motion detectors to provide accessible access from the street to the hall.	$107,288	Programmed for FY2023/24
Epping	Roselea Community Centre	The upgrades to the Roselea Community Centre are considered substantial in nature but commensurate with the size and utility of the existing stage requiring full accessibility. See Annexure for breakup of feasibility costing. The improvements will involve increasing the accessibility of the existing stage by providing full lift access to the stage and the lower ground floor which involves removing the stairs to the lower ground (one side only). No impact to the rooms and spaces on the lower ground floor. The existing toilets compartment sizes on ground floor are compliant and the external access to the main door has recently been upgraded.	$164,750	Programmed for FY2023/24
Dundas	Dundas Community Centre	The improvements will involve increasing the accessibility of the existing stage with installation of an accessible platform lift. Furthermore, improvements will include upgrading external access to the hall from Sturt street with installation of an accessible platform lift. The existing accessible toilet compartment size is compliant, however there are no male or female ambulant compartments within the existing amenities. Access ramp from car park is compliant. An option to demolish the stage was not considered as it may impact the rooms on the floor level below.	$0	Building programmed for redevelopment in the next five years
Rosehill	Ermington Community Centre	The improvements are major in nature and will involve: · increasing the accessibility of the existing stage with installation of an accessible platform lift, · modification to the toilets, access paths and egress, and relining the car park.	$427,707	Programmed for FY2022/23
Rosehill	Jubilee Park Hall	The improvements will involve increasing the accessibility of the existing stage with a new portable access ramp (to be stored on site) and new handrail at stair. Other improvements include adjusting the entry door so that it is compliant with AS1428.1. The existing accessible toilet compartment size is compliant and the external access to the main door has recently been upgraded (minor adjustment of loose handrail suggested).	$16,705	Programmed for FY2023/24
Parramatta	Reg Byrne Community Centre	The improvements will involve increasing the accessibility of the existing stage by installing a new accessible platform lift, handrails and enlarged openings. The existing accessible toilet compartment size is compliant; however, it is accessed through another room which may be occupied by an alternate group. There are no male or female ambulant compartments within the existing amenities which should be upgraded.	$91,101	Programmed for FY2023/24
	Total exGST		$807,551*

8. *Estimated cost includes construction plus 15% design and 15% contingency.

9. Currently temporary measures are in place to effectively address the accessibility issues to the stages within the halls being, the availability to hire portable platform lifts at a cost of $310 per day or $500 per week.

CONSULTATION & TIMING

Stakeholder Consultation

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

Date	Stakeholder	Stakeholder Comment	Council Officer Response	Responsibility
10-08-2021	Project Officer - Universal Design & Access / Hamish Murray	Where possible, undertake access upgrades to increase accessibility to all users	Feasibility study has confirmed upgrading the buildings to accessibility standards is achievable	Property, Security, Asset & Services / Property & Place / Property Programmer
10-08-2021	Recreation Facilities & Programs Manager / Gregory Radford	Where possible, stages within Council halls should be retained and upgraded to current Australian Access Standards as they are regularly used by community groups (hirers)	Retaining stages within Council halls attracts associated operational and maintenance costs to maintain compliance with Current Australian Access Standards	Property, Security, Asset & Services / Property & Place / Property Programmer
17-08-2021	Shari Driver, Land Use Planning Manager	Section 7.12 contributions are available only for projects listed in the works program of the outside CBD contributions plan	The recommended works from options 1 and 2 are not eligible for funding from section 7.12 contributions
18-08-2021	Finance Committee	Comments included in paragraph 11.	Summary of recommended upgrade works to be presented to the Advisory Committee.	Property Programmer
19-10-2021	Access Advisory Committee	Committee members appreciated Council’s response to the Notice of Motion and look forward to the completion of works.	Noted.	Property Programmer
03-11-2021	Finance Committee	An update on the outcome of the Access Advisory Committee meeting and Ward Briefings provided via an email.

11. Summary of the recommended upgrade works was presented to the Finance Committee with the following actions:

a) Consult with Councillors from relevant wards whether the works has been identified at the next Ward Briefing.

b) Identify funding source (capital funding) and the timing of allocation.

c) The program to be presented to Access Advisory Committee.

d) The report be brought back to Finance Committee after the above 1, 2 & 3 actions are completed.

12. The recommended upgrade works were presented to the Access Advisory Committee on 19 October 2021.

Councillor Consultation

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

Date	Councillor	Councillor Comment	Council Officer Response	Responsibility
26-10-2021	Dundas Ward Briefing	Councillors requested removal of the recommended upgrades at Dunas Community Centre if the building will be redeveloped in the next five years.	Recommended works have been removed as the NSW Government is due to acquire the building from Council within the next five years.	Property Programmer
27-10-2021	North Rocks Ward Briefing	Councillors requested removal of the recommended upgrades at the Don Moore Community Centre as the building is likely to be redeveloped as part of the North Rocks Park Masterplan.	Recommended works have been removed as requested.	Property Programmer
27-10-2021	Parramatta Ward Briefing	Councillors endorsed the recommended works.	Noted	Property Programmer
28-10-2021	Epping Ward Briefing	Councillors endorsed the recommended works.	Noted	Property Programmer
03-11-2021	Rosehill Ward Briefing	Councillors consulted via email.

LEGAL IMPLICATIONS FOR COUNCIL

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

FINANCIAL AND RESOURCE IMPLICATIONS

15. If Council approve the recommendation, the design and construction of the recommended works can be undertaken during financial years 2022/23 and 2023/24.

16. Funding is required from General Revenue. The recommended works are not eligible for funding from section 7.12 contributions.

17. If Council approve the recommendation, the financial impact on the budget is set out in the table below. The Local Government Regulations require the funds must be voted on when Council adopts the 2022/23.

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

Funding Source

CAPEX
CAPEX
External		$427,707	$379,844
Internal
Other
Total CAPEX		$427,707	$379,844

Funding Source		General Revenue	General Revenue

Omar Aboulahaf

Property Programmer

Robert Ramsbottom

Group Manager Property, Security, Assets & Services

Richard Sheridan

Chief Financial Officer

Justin Day

Acting Executive Director Property & Place

Brett Newman

Chief Executive Officer

Attachments:

1 ⇩

Attachment A - Feasibility Report Access Upgrade to Community Halls

27 Pages

Council 22 November 2021 Item 13.2

ACCESSIBLE

ITEM NUMBER 13.2

SUBJECT FOR APPROVAL: Minutes of the Parramatta Traffic Committee meeting held on 20 October 2021

REFERENCE F2021/00521 - D07842566

REPORT OF Traffic and Transport Manager

reason in caretaker:

This matter may be considered during the Caretaker Period as the individual financial commitments fall below the provisions set out in Clause 393B of the Local Government (General) Regulations 2021.

PURPOSE:

That Council consider the minutes and approve the recommendations of the Parramatta Traffic Committee meeting held on 20 October 2021

RECOMMENDATION

(a) That Council note the minutes of the Parramatta Traffic Committee meeting held on 20 October 2021, as provided at Attachment 1.

(b) Further, that Council approve the recommendations of the Parramatta Traffic Committee meeting held on 20 October 2021 provided at Attachment 1 and in this report, noting the following financial implications for each item.

i. ITEM 2110 A1 murray farm road and oakes road, carlingford – proposed speed cushions

The cost estimate for the proposed speed cushions at all approaches to the roundabout at the intersection of Oakes Road and Murray Farm Road is $16,000. This project is 100% funded by Federal Government’s Black Spot Programs in 2021/22. Accordingly, there will not be any direct impact on Council’s budgets.

ii. ITEM 2110 A2 Binalong road, toongabbie – raise existing pedestrian crossing at pendle hill high school

The estimated cost to upgrade the existing pedestrian crossing in Binalong Road is $260,000. This project has received 100% funding from the Federal Government Stimulus Commitments on Road Safety Program (School Zone Infrastructure). Accordingly, there will not be any direct impact on Council’s budget.

iii. ITEM 2110 A3 cambridge street, epping – proposed ‘6p 7:00pm to 7:00am Monday – Friday’ parking restriction

The estimated cost for the installation of signs is approximately $2,000. The proposed works will be funded by Transport for NSW Block Grant Funds for installation and maintenance of traffic signs and line markings in 2021/22.

iv. ITEM 2110 A4 Newington RETAIL PRECINCT – PROPOSED SPEED CUSHIONS AS PART OF THE INSTALLATION OF A ‘40KM/H HIGH PEDESTRIAN ACTIVITY AREA (HPAA)’ RESTRICTION

The estimated cost for the installation of 40km/h High Pedestrian Activity Area (HPAA) restriction and 12 Speed Cushions and the 40km/h HPAA in Newington is $74,627. Council has received a grant offer of $100,000 from Federal Government’s Black Spot Program to undertake these works in 2021/22. This proposal has therefore no direct financial impact upon Council’s budget.

BACKGROUND

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

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

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

ISSUES/OPTIONS/CONSEQUENCES

4. The most recent meeting of the Parramatta Traffic Committee was held on 20 October 2021. The minutes of that meeting and the reports to that meeting are Attachments 1 and 2 of this report.

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

ITEM NO.

2110 A1 murray farm road and oakes road, carlingford – proposed speed cushions

That the installation of speed cushions on all approaches to the roundabout at the intersection of Oakes Road and Murray Farm Road, Carlingford as shown on the plan attached to the report be approved.

Unanimous support

2110 A2 Binalong road, toongabbie – raise existing pedestrian crossing at pendle hill high school

1. That Council approves the removal of the existing at-grade pedestrian crossing (zebra) located outside 86 Binalong Road, Toongabbie and installation of a new raised pedestrian crossing close to Pendle Hill High School outside House No. 82 as shown in the concept plan attached to this report.

2. That detailed design plans for the raised pedestrian crossing in Binalong Road as referred in recommendations 1 above be submitted to Transport for NSW (TfNSW) for approval prior to commencement of construction.

Unanimous support

2110 A3 cambridge street, epping – proposed ‘6p 7:00pm to 7:00am Monday – Friday’ parking restriction

1. That 32 of the 76 parking spaces on the west side of Cambridge Street, Epping north of the roundabout have a ‘6P 7:00pm to 7:00am Monday-Friday’ parking restriction imposed on them as shown on the plan within the report.

2. That a report be presented to the PTC and Council by the end of 2022 to review the ‘6P 7:00pm to 7:00am Monday – Friday’ parking restriction as detailed in recommendation 1.

Unanimous support

2110 A4 Newington RETAIL PRECINCT – PROPOSED SPEED CUSHIONS AS PART OF THE INSTALLATION OF A ‘40KM/H HIGH PEDESTRIAN ACTIVITY AREA (HPAA)’ RESTRICTION

1. That the information related to the installation of a ‘40km/h High Pedestrian Activity Area (HPAA)’ restriction in the locations indicated in Figure 1 in Newington in 2020/21 be received and noted.

2. That speed cushions be installed in the following locations as part of the installation of ‘40km/h High Pedestrian Activity Area’ restrictions:

a. Avenue of Oceania between Newington Boulevard and Avenue of Europe (2 locations)

b. Avenue of Europe near Avenue of Oceania (2 locations)

c. Avenue of the Americas between Avenue of Asia and Fariola Street (3 locations)

Unanimous support

CONSULTATION & TIMING

6. Details of the consultation undertaken with the Community, Agencies and Councillors for each item, are included in Attachment 2 and Attachment 3.

LEGAL IMPLICATIONS FOR COUNCIL

7. There

FINANCIAL IMPLICATIONS FOR COUNCIL

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

Item No.
2110 A1	The cost estimate for the proposed speed cushions at all approaches to the roundabout at the intersection of Oakes Road and Murray Farm Road is $16,000. This project is 100% funded by Federal Government’s Black Spot Programs in 2021/22. Accordingly, there will not be any direct impact on Council’s budget.
2110 A2	The estimated cost to upgrade the existing pedestrian crossing in Binalong Road is $260,000. This project has received 100% funding from the Federal Government Stimulus Commitments on Road Safety Program (School Zone Infrastructure). Accordingly, there will not be any direct impact on Council’s budget
2110 A3	The estimated cost for the installation of signs is approximately $2,000. The proposed works will be funded by Transport for NSW Block Grant Funds for installation and maintenance of traffic signs and line marking in 2021/22.
2110 A4	The estimated cost for the installation of 40km/h High Pedestrian Activity Area (HPAA) restriction and 12 Speed Cushions and the 40km/h HPAA in Newington is $74,627. Council has received a grant offer of $100,000 from Federal Government’s Black Spot Program to undertake these works in 2021/22. This proposal has therefore no direct financial impact upon Council’s budget.

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

	FY 21/22	FY 22/23	FY 23/24	FY 24/25
Operating Result
External Costs
Internal Costs		$1k (maintenance)	$1k (maintenance)	$1k (maintenance)
Depreciation		$7.52k	$7.52k	$7.52k
Fees & Charges
Total Operating Result		$8.52k	$8.52k	$8.52k

Funding Source		TfNSW Block Grant (for maintenance)	TfNSW Block Grant (for maintenance)	TfNSW Block Grant (for maintenance)

CAPEX
CAPEX
External	$337k
Internal	$39k
Other
Total CAPEX	$376k

Funding Source	Federal Govt Black Spot Program ($116k) & Federal Govt. Stimulus Program ($260k)

CONCLUSION

11. Council officers recommend that the recommendations of the Parramatta Traffic Committee meeting held on 20 October 2021 be adopted by Council.

Richard Searle

Traffic and Transport Manager

Mark Leotta

Group Manager - Development and Traffic Services

Richard Sheridan

Chief Financial Officer

Jennifer Concato

Executive Director City Planning and Design

Brett Newman

Chief Executive Officer

Attachments:

1 ⇩	Parramatta Traffic Committee - Minutes of Meeting held on 20 October 2021	4 Pages
2 ⇩	Parramatta Traffic Committee - Item Reports for Meeting held on 20 October 2021	77 Pages
3 ⇩	Consultation and Timing for the Parramatta Traffic Committee held on 20 October 2021	4 Pages

REFERENCE MATERIAL

Council 22 November 2021 Item 13.3

ACCESSIBLE

ITEM NUMBER 13.3

SUBJECT FOR APPROVAL: Minutes of the Traffic Engineering Advisory Group meeting held on 20 October 2021

REFERENCE F2021/00521 - D07842574

REPORT OF Traffic and Transport Manager

reason in caretaker:

This matter may be considered during the Caretaker Period as the individual financial commitment falls below the provisions set out in Clause 393B of the Local Government (General) Regulations 2021.

PURPOSE:

That Council consider the minutes and approve the recommendations of the Traffic Engineering Advisory Group meeting held on 20 October 2021

RECOMMENDATION

(a) That Council note the minutes of the Traffic Engineering Advisory Group meeting held on 20 October 2021, provided at Attachment 1.

(b) Further, that Council approve the recommendations of the Traffic Engineering Advisory Group meeting held on 20 October 2021 provided at Attachment 1 and in this report, noting the following financial implications for each item.

i. ITEM 2110 B1 AVENUE OF OCEANIA AT LOUISE SAUVAGE PATHWAY, NEWINGTON – PETITION FOR PEDESTRIAN CROSSING

This report identifies that a raised pedestrian and cyclist crossing is the preferred treatment in Avenue of Oceania at Louise Sauvage Pathway, Newington. This project will be considered for future funding.

ii. ITEM 2110 B2 PROJECTS RECENTLY COMPLETED, PROJECTS CURRENTLY FUNDED, AND PROJECTS LISTS FOR CONSIDERATION OF FUTURE FUNDING

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

iii. ITEM 2110 B3 OUTSTANDING WORKS INSTRUCTIONS

Transport for NSW Block Grant funds for 2020/21 and 2021/22 have been used for these works.

iv. ITEM 2110 B4 Carter Street, Birnie Avenue and M4 Motorway Corridor, Lidcombe – Proposed sepArated bike paths, shared paths, cyclist bridges, turning bay, and pedestrians and cyclist facilities

The total estimated cost of construction and design of this project including pedestrian and cyclist bridges is $14,063,704. Of the total cost, $5,000,000 is to be funded through a grant received from Department of Planning’s Precinct Support Scheme (PSS) and $3,463,997 from the Developer Contributions Plan. The remaining balance of $5,599,707 would be required to be funded from other sources. Note that an application will be lodged with TfNSW to fund this project through the Active Transport Program for construction. It is intended to commence construction when the funding for the entire project becomes available.

However, it is to be noted that this report only seeks in principle approval for the project. A report will be referred to the Parramatta Traffic Committee prior to the construction of the project.

BACKGROUND

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

2. The most recent meeting of the TEAG was held on 20 October 2021. The minutes of that meeting and the reports to that meeting are Attachments 1 and 2 of this report.

ISSUES/OPTIONS/CONSEQUENCES

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

ITEM NO.

2110 B1 AVENUE OF OCEANIA AT LOUISE SAUVAGE PATHWAY, NEWINGTON – PETITION FOR PEDESTRIAN CROSSING

1. That Council note that a raised pedestrian and cyclist crossing in Avenue of Oceania at Louise Sauvage Pathway, Newington is the preferred treatment.

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

3. That Council note that this project will be considered for funding of construction in 2022/23.

4. That Council note that this project is already included in Council’s Traffic Projects List (outside the Parramatta City Centre) and is ranked as a high priority.

Unanimous support

2110 B2 PROJECTS RECENTLY COMPLETED, PROJECTS CURRENTLY FUNDED, AND PROJECTS LISTS FOR CONSIDERATION OF FUTURE FUNDING

1. That Council note that two traffic projects have been completed by Council in September 2021.

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

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

Unanimous support

2110 B3 OUTSTANDING WORKS INSTRUCTIONS

That the information in relation to outstanding Works Instructions over the 3-month period between June and August 2021 be received and noted.

Unanimous support

2110 B4 Carter Street, Birnie Avenue and M4 Motorway Corridor, Lidcombe – Proposed seperated bike paths, shared paths, cyclist bridges, turning bay, and pedestrians and cyclist facilities

1. That Council approve in principle the construction of a separated bike path and shared path on the southern side of Carter Street, Lidcombe as shown on the plan attached to the report.

2. That Council approve in principle the construction of shared pedestrian and cyclist bridges over Haslams Creek and Hill Road with associated shared paths in the M4 corridor, Lidcombe noting that the bridges require a detailed design and an environmental assessment to be undertaken.

3. That Council approve in principle the construction of a shared path on the western side of Birnie Avenue between Carter Street and Edwin Flack Avenue, Lidcombe.

4. That Council approve in principle the construction of pedestrian and cyclist refuge islands in Carter Street at Hill Road and Birnie Avenue, Lidcombe as shown on the plan attached to the report, noting that turn paths will need to be checked for B doubles.

5. That Council approve in principle the construction of a right turn bay in Carter Street (westbound) for motorists turning into Uhrig Road as shown on the plan attached to the report.

6. That Council note that installation of any turn restrictions as identified during the detailed design are to be placed on public exhibition for 28 days before referring them to the Parramatta Traffic Committee and Council for approval. It is to be noted that Traffic Management Plans (TMP) for the turn restrictions are to be approved by TfNSW prior to the installation of the restriction.

7. That recommendations 1 to 5 are subject to consultation with SOPA and funding being available for the entire project and the detailed design of the proposed works including sign and linemarking plans being approved by the Transport for New South Wales (TfNSW) prior to the commencement of construction.

Unanimous support

CONSULTATION & TIMING

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

LEGAL IMPLICATIONS FOR COUNCIL

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

FINANCIAL IMPLICATIONS FOR COUNCIL

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

Item No.
2110 B1	This report identifies that a raised pedestrian and cyclist crossing is the preferred treatment in Avenue of Oceania at Louise Sauvage Pathway, Newington. This project will be considered for future funding.
2110 B2	There is no financial implication to Council as a result of this recommendation.
2110 B3	Transport for NSW Block Grant funds for 2020/21 and 2021/22 have been used for these works.
2110 B4	The total estimated cost of construction and design of this project including pedestrian and cyclist bridges is $14,063,704. Of the total cost, $5,000,000 is to be funded through a grant received from Department of Planning’s Precinct Support Scheme (PSS) and $3,463,997 from the Developer Contributions Plan. The remaining balance of $5,599,707 would be required to be funded from other sources. Note that an application will be lodged to TfNSW to fund this project through the Active Transport Program for construction. It is intended to commence construction when the funding for the entire project becomes available. However, it is to be noted that this report only seeks in principle approval for the project. A report will be referred to the Parramatta Traffic Committee prior to the construction of the project.

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

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

Funding Source	N/A	N/A

CAPEX
CAPEX
External
Internal
Other
Total CAPEX	Nil	Nil

Funding Source	N/A	N/A

CONCLUSION

8. Council officers recommend that the recommendations of the Traffic Engineering Advisory Group meeting held on 20 October 2021 be adopted by Council.

Richard Searle

Traffic and Transport Manager

Mark Leotta

Group Manager - Development and Traffic Services

Richard Sheridan

Chief Financial Officer

Jennifer Concato

Executive Director City Planning and Design

Brett Newman

Chief Executive Officer

Attachments:

1 ⇩	Traffic Engineering Advisory Group - Minutes of Meeting held on 20 October 2021	5 Pages
2 ⇩	Traffic Engineering Advisory Group - Item Reports for Meeting held on 20 October 2021	70 Pages
3 ⇩	Consultation and Timing for the Traffic Engineering Advisory Group Meeting held on 20 October 2021	4 Pages

REFERENCE MATERIAL

Council 22 November 2021 Item 14.1

GREEN

ITEM NUMBER 14.1

SUBJECT FOR NOTATION: Minutes of the Floodplain Risk Management Committee meetings held on 11 May 2021, 3 August 2021 and 23 September 2021

REFERENCE F2021/00521 - D08273588

REPORT OF Senior Project Officer Waterways

workshop/briefing date: Nil

reason in caretaker:

This matter may be considered during the Caretaker Period as it does not contravene the provisions of Clause 393B of the Local Government (General) Regulations 2021.

PURPOSE:

To inform Council of the confirmed Minutes of the 11 May 2021, 3 August 2021 and 23 September Parramatta Floodplain Risk Management Committee meetings.

RECOMMENDATION

That Council receive and note the confirmed Minutes of the 11 May 2021, 3 August 2021, and 23 September 2021 Parramatta Floodplain Risk Management Committee meetings.

BACKGROUND

1. The City of Parramatta Floodplain Risk Management Committee (FRMC) is an Advisory Committee of Council and meets to provide strategic level advice to Council on any issues related to flooding.

2. The membership of the FRMC includes Councillors, community members and groups, landowners, businesses, environmental groups and government agencies. The FRMC is chaired by Clr. Phil Bradley.

FLOODPLAIN RISK MANAGEMENT COMMITTEE MINUTES

3. The confirmed Minutes of the FRMC meetings held on 11 May 2021, 3 August 2021 and 23 September 2021 are provided at Attachments 1, 3 and 4 respectively.

SUMMARY OF THE 11 MAY 2021 MINUTES

4. The following items were discussed at the FRMC Meeting of 11 May 2021:

a. Progress on the Parramatta River Flood Study – most of this study has been completed, with checking and cross-checking of results now being undertaken. Permission to formally publicly exhibit the draft Flood Study will be sought in the first half of 2022.

b. A’Becketts Creek Flood Study and Flood Risk Plan – A flood model, and a flood risk study and plan will be produced for A’Becketts Creek. This Creek is located in the suburbs of Granville, Harris Park and Rosehill (see Figure 1). The flood model and flood risk study and plan will be available for public consultation in 2023 and final adoption by Council in 2024.

Figure 1 – A’Becketts Creek catchment within the Parramatta LGA

c. Review of the 2014 Council Parramatta Floodplain Risk Management Policy – the 2014 Policy, which provides strategic guidance to Council on Flood Risk issues in the LGA, is being rewritten. A progress update on the rewrite was given to the Committee. Following further consultation, the new draft Policy will be brought to Council for approval in the first half of 2022.

d. March 2021 NSW flooding – The SES gave a presentation to the Committee on the March 2021 Flood event, which impacted significant parts of the State, including Western Sydney. For example, at Richmond, NSW the flood was around a 1 in 20 year flood. Within the Parramatta LGA the flooding was much more minor, around a 1 in 2 year flood. Two “minor” flood alerts were sent out to members of the public by the FloodSmart flood warning system. No reports of any flood damage in the LGA were received.

e. Outstanding items from previous meetings – the Committee was given an update on various outstanding Committee items (see Attachment 2 for details), in the areas of

• Urban design guidelines for flood prone areas

• Funding for disaster recovery

• Areas of the LGA subject to flooding

• Parramatta River Flood Study

• Property flooding and voluntary house raising

SUMMARY OF THE 3 AUGUST 2021 MINUTES

5. The meeting of 3 August 2021 focused on considering adoption of the Draft Update of the Parramatta Floodplain Risk Management Plans, otherwise known as the draft Parramatta CBD Flood Risk Plan.

6. The draft Parramatta CBD Flood Risk Plan describes 8 actions that will reduce risks from flooding in the Parramatta CBD, which are summarised below.

Number	Summary of recommendation	Priority
1	Encourage SES to complete an emergency action plan for the Parramatta CBD	High
2	Review availability of flood data to the public and develop a community awareness and education policy to inform the public about flood risks	High
3	Continue to develop and improve a flood warning system for the CBD	High
4	Revise the CBD DCP based on the findings of the FRMP	Medium
5	Develop a policy relating to fences in floodways	Medium
6	Provide better information on flood risks to purchasers of properties in the Flood Planning Area	Medium
7	Consider ways in which Section 7.11 infrastructure contributions could be directed towards flood mitigation projects	Medium
8	Encourage Sydney Water to review its maintenance program for its channels including removal of rubbish and excess vegetation	Medium

7. The Committee were broadly supportive of adoption of the draft Parramatta CBD Flood Risk Plan.

8. Unfortunately, up to the date of the Committee meeting (3 August 2021) the SES had been unable to provide any comment on the draft Parramatta CBD Flood Risk Plan, however they committed at the Committee meeting to providing feedback within the next 2 or 3 weeks.

9. The Committee considered that it was important that the SES’s views on the draft Parramatta CBD Flood Risk Plan were considered.

10. Therefore, the Committee made the following recommendations.

“That given that the SES has not been able to provide input to date, and taking into account the circumstances, the matter be deferred pending Council staff consulting with the SES.”, and

“That following staff consultation with the SES, a report on the proposed adoption of the Draft Update of the Parramatta Floodplain Risk Management Plans, as prepared by Molino Stewart (October 2019), be submitted directly to Council.”

SUMMARY OF THE 23 SEPTEMBER 2021 MINUTES

11. The following items were discussed at the FRMC Meeting of 23 September 2021:

a. NSW Government Flood Prone Land Package – as of 14 July 2021, the State Government has brought in new regulations and guidance on flooding issues. The changes included:

• A new LEP flood clause, which has since been incorporated into the Parramatta LEP.

• A new Regulation that requires planning certificates to report if the land they relate to is anywhere in the floodplain.

• A new planning Direction that describes how planning proposals should deal with flooding issues.

• A new planning circular describing State Government flood policy.

• A new guideline on how to interpret State Government flood policy.

A question was asked after a presentation was given on the Package, on the position of the SES on vertical evacuation (“shelter in place”). In reply the SES said that in general the SES does not support vertical evacuation, but in some limited circumstances it may be appropriate.

b. Draft Parramatta Floodplain Risk Management Policy – the Committee were presented with an updated version of the Policy, following feedback from the 11 May 2021 Committee meeting. Feedback was sorted to progress the Policy to Council for adoption.

A question was asked after a presentation was given on the Policy, on the issue of vertical evacuation. In reply it was stated that flooding in Parramatta comes and goes very quickly (“flash flooding”) which makes it difficult to evacuate horizontally, especially in the Parramatta CBD, and so, in some circumstances vertical evacuation may be suitable. In addition, safe places for people to shelter in place until flood waters recede should be provided.

Finally, following a discussion on the relative legal strength of various words in the Policy, the Committee resolved

“That the Committee recommends adoption of the draft Council Flood Policy subject to legal clarification around the preferable use of “shall” and “must” and “should” in the Flood Policy”

c. Progress update on the Draft Parramatta Floodplain Risk Management Plan – Following the 3 August 2021 Committee meeting, Council officers met the SES twice to discuss the Flood Risk Plan. In general, the SES was supportive, but were unable to provide a written submission on the Flood Risk Plan, due to lack of internal staff resources.

d. Progress update on the A’Becketts Creek Flood Study and Flood Risk Study and Plan – it was reported that a consultant for this project has been selected, and that final checks were being made before signing the contract between Council and the contractor. It is anticipated that the whole project will take around 2 years to complete.

e. Progress update on the Parramatta River Flood Study – a peer review of the draft Flood Model for the Study has been completed, and final changes are being made to the draft Flood Model. It is anticipated that the draft Flood Model and Flood Study will be ready to go on public exhibition between April and July 2022.

CONSULTATION & TIMING

Consultation - General

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

Date

Stakeholder

Stakeholder Comment

Council Officer Response

Responsibility

23 September 2021

Floodplain Risk Management Committee

All minutes for 2021 have been confirmed by the Committee.

No comment.

Consultation by Paul Hackney

City Strategy Unit / CEO Office

Consultation - Councillor

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

Date

Councillor

Councillor Comment

Council Officer Response

Responsibility

23 September 2021

Clr. Bradley, Clr Prociv

No comments other than to confirm the attached minutes.

No comment.

Consultation by Paul Hackney

City Strategy Unit / CEO Office

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 there are no unbudgeted financial implications for Council’s budget.

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
External Revenue
Total Revenue	NIL	NIL	NIL	NIL

Funding Source

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

Funding Source

CAPEX
CAPEX
External
Internal
Other
Total CAPEX	NIL	NIL	NIL	NIL

Paul Hackney

Senior Project Officer Waterways

Helen Papathanasiou

Environmental Outcomes Manager

Richard Sheridan

Chief Financial Officer

Nicole Carnegie

Group Manager, City Strategy

Brett Newman

Chief Executive Officer

Attachments:

1 ⇩	Minutes - Flood Committee 11 May 2021 (Final)	8 Pages
2 ⇩	Update on outstanding items for 11 May 2021 Flood Committee meeting	3 Pages
3 ⇩	Minutes - Flood Committee 3 August 2021 (Final)	7 Pages
4 ⇩	Minutes - Flood Committee 23 September 2021 (Final)	8 Pages

REFERENCE MATERIAL

None.

Council 22 November 2021 Item 14.2

GREEN

ITEM NUMBER 14.2

SUBJECT FOR APPROVAL: West Epping Park Dog Off-Leash Area Feasibility

REFERENCE F2021/00521 - D08132009

REPORT OF Senior Open Space & Natural Area Planner

reason in caretaker:

This matter may be considered during the Caretaker Period as it does not contravene the provisions of Clause 393B of the Local Government (General) Regulations 2021.

workshop/briefing date: Nil

PURPOSE:

To advise Council on the feasibility of establishing a fenced dog off-leash area in West Epping Park as identified in the adopted masterplan and to recommend that it be publicly exhibited prior to endorsement.

To acknowledge the Epping resident and dog owner petition received at the 15 June 2021 Council Meeting.

To respond to the Notice of Motion (NoM) - Shortage of Dog Parks in Epping Ward, which was tabled by Councillor Davis, at the 15 June 2021 Council Meeting.

RECOMMENDATION

(a) That Council notes that a dog off-leash area at West Epping Park is feasible to meet growing community demand and aligns with Councils strategic direction.

(b) That community consultation is undertaken prior to Council declaration of a dog off-leash area in West Epping Park.

(d) That property owners adjacent the proposed dog off-leash area be notified of the public exhibition.

(e) That temporary signage be erected at entrances to West Epping Park advising users of the public exhibition.

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

BACKGROUND

1. In 2015 the West Epping Park masterplan was adopted by Hornsby Shire Council to guide major upgrade works. This masterplan identifies a potential dog off-leash area near Grant Close (Item 18) in response to submissions received during public exhibition (Refer Attachment 1).

2. West Epping Park was transferred to the City of Parramatta (Epping Ward) in May 2016 following local government boundary changes. Council subsequently implemented the major upgrade works approved by Hornsby Shire Council as per the adopted masterplan in 2018. The dog off-leash area was not included within the scope of works completed by Council in recognition of the need for additional community consultation.

3. A petition submitted on behalf of Epping residents and dog owners was tabled at the 15 June 2021 Council Meeting requesting ‘Council to provide to our community a dog off leash exercise facility in originally envisaged Area 18, covering two grassy areas adjacent to the Tennis Courts. This was promised five years ago, but never completed’.

4. Also, a Notice of Motion (NoM) - Shortage of Dog Parks in Epping Ward, was tabled by Councillor Davis, at the 15 June 2021 Council Meeting, and was resolved as follows:

‘that a report be brought to Council regarding the feasibility of a fenced off-leash dog park on the open lawn at West Epping Park (referred to on the Masterplan as #18). Further, that this report:

i. notes that the West Epping Park Masterplan included the

potential for a dog off-leash area on the open lawn (referred

to as #18) subject to separate approval,

ii. acknowledges that the Community Infrastructure Strategy

identifies there is a lack of dedicated dog parks in Catchment

3, defined as Epping, Beecroft and Eastwood,

iii. identifies potential funding sources for an off-leash dog park

at West Epping Park including, but not limited, to planning,

community consultation, detailed design and construction,

iv. be returned to a Council meeting for consideration in the

fourth quarter of 2021.’

5. This report addresses both the NoM and Petition received.

ISSUES/OPTIONS/CONSEQUENCES

6. A feasibility assessment has been undertaken for a dog off-leash area in West Epping Park. It has reviewed strategic alignment, benefits and demand, best-practice provision, site constraints and opportunities, detailed design infrastructure, construction funding, and legislative considerations.

Strategic Alignment

7. Councils Community Infrastructure Strategy (CIS) recognises the need to increase opportunities for dog off-leash exercise to support health high density living. It identifies a high need for dog off-leash provision in Catchment 3 (Epping / Eastwood / Beecroft). West Epping Park is located within this catchment and a dog off-leash area as identified in the masterplan is consistent with the CIS.

8. Dog off-leash areas provide important opportunities for physical activity by both dogs and their owners. A new dog off-leash area at West Epping Park is consistent with Councils Community Strategic Plan, which aims to ‘support people to live active and healthy lives’ and to ‘invest in services and facilities for our growing community’.

Benefits and Demand

9. Companion animals such as dogs, have significant social and health benefits for their owners. Off-leash exercise is beneficial to the welfare of dogs and may reduce incidences of nuisance behaviour. In addition to dog exercise, off-leash parks also provide social opportunities for dog owners, increasing community participation and interaction.

10. Increasing residential densities are resulting in less residents having access to large backyards within the local government area (LGA). This is resulting in growing demand for local off-leash areas to provide safe dog exercise and socialisation opportunities, particularly for the increasing proportion of residents living in apartments.

11. Research indicates that the proportion of households with dogs has increased from 40% to 47% during from COVID-19 pandemic. Whilst approximately 6800 households within the Epping Ward (2016 Census) are likely to have at least one dog, there are currently no off-leash areas provided by Council. The closest are located within the adjoining City of Ryde and Hornsby Shire LGAs, with the use of many of these being restricted during peak times, such as during organised sporting activities. They also typically require City of Parramatta residents to cross major roads and/or railway lines for access.

12. A new dog off-leash area at West Epping Park will provide significant social benefits to the growing number of dog owners within Epping Ward. It will increase accessibility to local off-leash opportunities and reduce the need for City of Parramatta residents to travel longer distances to facilities within adjoining LGAs.

Best-Practice Provision

13. There is no current standard benchmark for dog off-leash provision based on population size, particularly in the context of increasing densities. It is considered best-practice for provision to be based on ‘walkability’, with a 20-minute walk (approximately 1.5 to 2km) widely accepted as a reasonable benchmark.

14. Dog off-leash areas should be of a sufficient size, shape, and free of obstacles to adequately disperse dog movement and minimise potential conflicts between dogs whilst also reducing surface wear. The allocation of dedicated off-leash space must also balance the needs of dog owners with those of other park users.

15. Whilst a minimum of 3000m2 is regarded as best practice, this is not always feasible in a highly urbanised context with limited suitable land availability. A minimum size of 1000-1500m2 is typically provided by other Sydney metropolitan LGAs to reflect this constraint.

16. To ensure adequate amenity for both dogs and their owners, dog off-leash areas also require access to water, seating, shade, and waste disposal facilities. Information signs are also important to encourage appropriate behaviour and to educate owners of their responsibilities under the Companion Animals Act 1998.

17. Fenced off-leash areas provide a secure space separate from other park users that allow dogs to run freely whilst minimising potential conflicts. This contained area is also of benefit to assist older and/or less mobile owners to maintain effective control, whilst also keeping dogs out of environmentally sensitive areas to reduce impacts on native wildlife.

18. The proposed fenced West Epping Park dog off-leash area comprises approximately 1670m2 consistent with best-practice provision benchmarks within a metropolitan context. It is centrally located within the Epping Ward to maximise the proportion of residents within a 2km catchment. The area identified in the masterplan comprises open grass free of obstacles with adequate surveillance that will minimise potential conflict between dogs and can also be readily fenced to provide a secure exercise space.

Site Constraints and Opportunities

19. West Epping Park experiences high levels of use associated with its diverse facilities, which include sporting fields, children’s play, youth recreation, picnic and BBQs and tennis courts. These facilities occupy most of the park and limit available space that is suitable for a new dog off-leash area. The open grassed area located off Grant close, as identified in the adopted masterplan, is the only adequately sized and unconstrained portion of the park suitable for a dog off-leash area.

20. The proposed dog off-leash area can be readily fenced to create a dedicated facility that will not significantly impact upon other park users and will discourage dogs on the adjacent synthetic sporting fields. It provides unobstructed views with clear sight lines to ensure owners can maintain a visual connection with their dog, which will assist with behavior management and effective control. An existing landscaped zone also provides a buffer to adjacent properties to minimise potential amenity impacts.

Infrastructure and Funding

21. To ensure adequate amenity and compliance with regulatory requirements, it is estimated that the cost to establish the West Epping Park dog off-leash area would be approximately $70K (including 10% contingency) as outlined in Attachment 3. This would comprise of the following infrastructure:

Item	Estimated Cost
Fencing / Gates	$28,600
Signage (Regulatory / Educational)	$5,000
Trees (Shade)	$3,500
Waste (Bins / Bag Dispensers)	$9,000
Water (Connection / Drinking Station)	$17,000

These improvements are permitted to be undertaken by Council as ‘exempt development’ under State Environmental Planning Policy (Infrastructure) 2007.

Feasibility Summary and Options

22. A fenced dog off-leash area off in West Epping Park has been identified to be the preferred option to address under-provision in the Epping Ward. This is summarized in the following table:

Preferred Option - New Off-Leash Area at West Epping Park
Advantages · Consistent with masterplan and Council strategies e.g. CIS · Central location within Epping Ward · Suitable land size, shape and buffer to adjoining private properties · Ancillary facility availability e.g. carparking · Discourage dogs on adjacent synthetic sporting fields		Disadvantages · Additional capital and ongoing maintenance costs · Potential existing informal recreational use of open grass area · Community consultation required
Alternative Option 1 – No Change
Advantages · No additional costs · Community consultation not required · No reduction of open space available for informal recreation		Disadvantages · Significant gap in provision · Reputational risk as community petition / expectations · Inconsistent with masterplan and Council strategies · Inequality with other Wards
Alternative Option 2 – New Off-Leash Area at another Park within Epping Ward
Advantages · No impact on existing use of informal open space at West Epping Park · Improved provision consistent with Council strategies e.g. CIS	Disadvantages · Inconsistent with masterplan and community expectations · Limited suitable open space e.g. size or private property interface · Less central location within Epping Ward · Community consultation required · Additional capital and ongoing maintenance costs

23. The West Epping Park dog off-leash area is consistent with Councils strategic direction and meets minimum best practice standards. It is centrally located to maximise accessibility and address current under-provision in the Epping Ward as illustrated in Attachment 4.

24. It is anticipated that the West Epping Park facility would experience a high level of use due to the growing demand from increasing housing densities and dog ownership rates. The proposed off-leash facility will only require minimal infrastructure and nominal ongoing costs to provide significant community benefit.

25. Whilst the proposed West Epping dog off-leash area is feasible due to the significant public benefit and relatively minor cost, it has not previously been subject to community consultation. As dog off-leash areas are potentially contentious with the immediate surrounding community, it is recommended that targeted community consultation be undertaken in early 2022 as the final stage of this feasibility work. The consultation will then form part of Council’s consideration prior to approval by the fourth quarter of the 2021/22 financial year.

CONSULTATION & TIMING

Stakeholder Consultation

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

Date	Stakeholder	Stakeholder Comment	Council Officer Response	Responsibility
15 June 2021 Community Petition	Local Residents	Request dog off-leash area at West Epping Park as per adopted masterplan	Under-provision identified in Community Infrastructure Strategy Supported subject to outcomes of targeted community consultation	Open Space & Natural Resources
27 September 2021	Regulatory Services	Request that the area be fenced	Fencing supported to minimise potential conflicts with other park users	Open Space & Natural Resources
5 October 2021	Cleansing	Advised of bin servicing and waste collection costs	Noted	Cleansing
7 October 2021	Parks	Advised of waste disposal bags costs	Noted	Parks

Councillor Consultation

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

Date

Councillor

Councillor Comment

Council Officer Response

Responsibility

15 June 2021

Notice of Motion

All Councillors

No dog parks within Epping Ward

Increased demand for dog parks due to housing densities

Dog off-leash area identified in West Epping Park Masterplan

West Epping Park dog off-leash area consistent with masterplan and Community Infrastructure Strategy

Potentially contentious issue that requires further community consultation

Open Space & Natural Resources

LEGAL IMPLICATIONS FOR COUNCIL

28. The Companion Animals Act 1998 (CAA) requires that dogs are to be under effective control and on a leash when in a public place, such as a park or reserve, unless in a designated off-leash area. It also prohibits dogs from within 10 metres of public playgrounds, picnic and barbeque facilities, or within wildlife protection areas. A fenced off-leash facility will assist owners to ensure that dogs do not enter these prohibited areas.

29. The owner or carer of a dog found to be off-leash outside of a declared off-leash area is guilty of an offence and could potentially incur a penalty. A new dog off-leash area at West Epping Park would require official declaration under Section 13(6) of the CAA. It would also require Council to provide rubbish receptacles for the disposal of dog faeces under Section 20(2).

FINANCIAL IMPLICATIONS FOR COUNCIL

30. If Council resolves to approve this report in accordance with the proposed resolution, it will result in public consultation/exhibition costs of approximately $5K. These costs can be funded from the existing 2021/22 Open Space and Natural Resources base budgets.

31. Following the proposed public exhibition period, if Council were to progress with a dog off-leash area at West Epping Park the following costs would apply;

a. An infrastructure costs of approximately $70K and an internal detailed design and project management cost of approximately $10K. These costs could be funded under the 2022/23 Parks Improvement Project.

b. The annual maintenance of dog waste bins and bags would be approximately $8K. This operational cost would need to be funded out of General Revenue.

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

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

Funding Source		N/A

CAPEX
CAPEX
External
Internal
Other
Total CAPEX		Nil

Funding Source		N/A

Troy Holbrook

Senior Open Space & Natural Area Planner

James Smallson

Manager Open Space and Natural Resources

Jim Stefan

Group Manager City Assets & Environment

Richard Sheridan

Chief Financial Officer

John Warburton

Executive Director City Assets & Operations

Brett Newman

Chief Executive Officer

Attachments:

1 ⇩	West Epping Park Landscape Masterplan	1 Page
2 ⇩	West Epping Park Dog Off-Leash Concept Plan	1 Page
3 ⇩	Dog Off-Leash Provision Map	1 Page

REFERENCE MATERIAL

Council 22 November 2021 Item 14.3

GREEN

ITEM NUMBER 14.3

SUBJECT FOR APPROVAL: Post Exhibition of the Sustainability Small Grants and Rebates Program

REFERENCE F2021/00521 - D08262475

REPORT OF Sustainability Officer Resource Recovery; Manager Sustainability & Waste

workshop/briefing date: Nil

reason in caretaker:

This matter may be considered during the Caretaker Period as it does not contravene the provisions of Clause 393B of the Local Government (General) Regulations 2021.

PURPOSE:

To advise Council of the outcomes of the Public Exhibition of the Sustainability Rebates and Small Grants Program, as endorsed at the Council meeting of 13 September 2021.

RECOMMENDATION

(a) That Council approve the Sustainability Rebates and Small Grants Program and its implementation.

(b) Further, that a report be provided to the Councillor Grants Committee in March 2022 to finalise the assessment process for the Environmental Education Grants.

BACKGROUND

1. This Report responds to the Resolution from the Council Meeting of 13 September 2021:

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

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

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

2. The proposed Sustainability Rebates and Small Grants Program was placed on public exhibition for a period of 31 days, commencing on October 1 and ending on October 31. As outlined in this report, it received no opposing feedback.

ISSUES/OPTIONS/CONSEQUENCES

3. One of the key strategies in Council’s Community Strategic Plan is to “promote energy and water efficiency, renewable energy sources, and reduced emissions and waste”. Council delivers a range of environmental educational programs and activities to deliver against these strategies, with the intent to engage, inform, and empower our communities so that they can adopt more sustainable practices.

4. The provision of environmental education coupled with small financial incentives, work together to ensure our community has the best opportunity to make the necessary behaviour and attitude changes across the environmental sustainability spectrum.

5. The proposed Sustainability Rebates and Small Grants Program aligns with the vision and projected environmental outcomes of the Community Strategic Plan and priorities identified through Council’s bi-annual Community Environmental Behaviour’s Survey. A summary of the proposed program is provided in the table below.

Program	Proposed Budget	Funding Source	Grant / Rebate Value	Intent
Nappy and Sanitary Rebate	$40,000	NSW EPA Better Waste & Recycling Grant Project Budget: 119240	50% of purchase price (max $150 for nappies and $100 for sanitary products)	To reduce financial barriers to switching to reusable nappies and sanitary products, normalise reusable nappies and sanitary products and reduce waste.
Water Saving Partnership Subsidy - Business	$30,000	Sydney Water Grant Project Budget: 420023	Up to $2,000 per eligible business (small-medium businesses)	To subsidise upgrades to water using devices and appliances, as well as education and signage for staff and customers to assist in reducing water use.
School Waste Grants	$30,000	SUEZ Waste Education Contract Agreement SUEZ budget	$1,000 per eligible school , $500 per pre-school	To assist local schools to implement projects in areas of waste reduction, recycling, composting, litter reduction.
Sub-total	$100,000
Compost and Worm Farm Rebate	$5,000	Domestic Waste Service Budget (710000)	$50 per eligible household	To reduce the financial barriers to take up home composting and divert food waste from landfill.
School Environmental Education Grants	$6,000	Environmental Education Project Budget (110930)	$1,000 per school	Increase school based environmental education around cycling, stormwater pollution and biodiversity.
School Kitchen Garden Subsidy	$24,000	Environmental Education Project Budget (110930)	$8,000 per school (matched funding required by the school)	To fund a part time teacher to deliver a Kitchen Garden program to improve food security, health, wellbeing, and resilience for local families.
Solar Rebate	$20,000	Environmental Education Project Budget (110930)	$500 per eligible household	To reduce financial barriers and increase the uptake of renewable energy across our LGA.
Sub-total	$55,000
Total	$155,000

6. Council has received grant funding to deliver three of these projects under agreed criteria, terms and conditions. The final four initiatives are open to eligible households and schools across the LGA and are funded from the approved operational budgets for Environmental Education and Domestic Waste Management.

7. Council has a Grants and Donations Policy (Policy 345v2) that applies to all 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.

8. In accordance with the Policy, guidelines specific to each grant program have been established to include objectives and outcomes sought by each specific grant and rebate activity. These will be made clear throughout the application

and promotion cycle. All activities with the exception of the Water Saving Partnership program will be undertaken through an open round public application process, promoted widely, where all eligible applicants are able to submit an application. The Water Saving Partnership program will be an invitation round whereby only specific target businesses that have undertaken a precursor water savings audit will be invited to apply.

CONSULTATION & TIMING

Stakeholder Consultation

9. Stakeholder consultation has been undertaken with the three external funding bodies and funding approved in accordance with terms and conditions of each agreement. Internal consultation with Council’s Governance team was completed in relation to the application of the Grants and Donations Policy to this program of proposed activities.

10. Following the endorsement of Council, the proposed program was placed on public exhibition for a period of 31 days, from October 1, to October 31.

11. A summary of the stakeholder engagement is provided in the table below.

Date	Stakeholder	Stakeholder Comment	Council Officer Response	Responsibility
July 2021	NSW EPA	Approval of BWAR funding and activity for 2021/22	Noted	Manager Sust & Waste
June 2021	Sydney Water	Partnership Agreement extended to Aug 2022 with funding approval	Noted	Manager Sust & Waste
June 2021	SUEZ	Approved education funding under Collection Contract	Noted	Manager Sust & Waste
August 2021	CoP Legal & Governance	Policy guidance and advice on legal interpretation	Inclusion of advice	Manager Sust & Waste
October 2021	Community	Support for the program	Noted	Manager Sust & Waste

Results of the Public Exhibition Process

12. Hosted on the Participate Parramatta platform, the exhibition was promoted via paid advertising through Council’s social media channels, the Liveable Parramatta facebook page, and Council newsletters.

13. The paid advertising campaign achieved a higher than average click through rate, indicating that the audience found the content engaging. Advertising through newsletters also received a favourable response, with a number of residents requesting to be notified once the program went live.

14. Overall, the Participate Parramatta website had 671 views by 483 visitors to the project page and a total of 15 contributions.

15. All respondents to the survey were supportive of the Small Grants and Rebate Program, with 40% of respondents having applied for a grant or rebate in previous years.

16. Some of the comments provided in support of the program are captured below:

- A wonderful initiative, helping make living sustainably more affordable, especially with start-up costs.

- I would like to encourage you to continue and increase your budget for these things! It’s a great start but expanding it would help more people and improve sustainable practice in our LGA.

- It's economically and environmentally unsustainable for us to continue to produce so much waste and key to reducing this is supporting residents, schools and businesses to positively change their behaviour. In a number of cases, cost can be an initial barrier and so having rebates and grants overcomes this, assuming they are complemented with education.

- It helps to kick start households sustainable changes in the home which is a big step in making changes for now and the future. It allows people to try out new avenues and potentially maintain these small changes to better the environment.

- Fantastic to see the council thinking about sustainability. I am very eager for the composting and nappy & sanitary rebates.

- The last grant program helped us get started with cloth nappies for our 1st child. It's a big outlay at the beginning when everything else needs to be purchased.

- Its good step to encourage sustainability. We need these kind of programs to make a better world for us and for our future generations.

- Great for the community, less waste in landfills, less rubbish in bins.

- I support the rebate because it does give us an incentive to go greener. It’s good to know our council is building a greener future with these rebate programs.

17. In terms of the support for individual initiatives, the nappy and sanitary rebate proved most popular, with 80% of respondents interested in this rebate. This was followed by the compost and worm farm rebate (73%), and the school kitchen garden subsidy (40%), and the School Environmental education grants (33%).

18. Respondents were also asked if there were any other sustainability initiatives they would like Council to consider. Responses included;

- Green bins to also take food waste.

- Local native plant and/or beehive rebate.

- I would like to see reusable cloth nappies and sanitary items be a separate category to ensure each category is maximised for the community.

- Water tank rebate.

- LED lighting for energy saving, home veggie growing, bicycle use support, electric vehicle support.

- Better recycling (weekly collection), hybrid/electric vehicles.

Councillor Consultation

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

Date	Councillor	Councillor Comment	Council Officer Response	Responsibility
13 September	Council Meeting	Endorsed exhibition of proposed program	Proposed program exhibited Oct 1 – Oct 31	Manager, Sust & Waste

LEGAL IMPLICATIONS FOR COUNCIL

20. Section 356 (1) of the Local Government Act 1993 requires a Council resolution to grant financial assistance through a grant or rebate. It prescribes the requirements when councils provide financial assistance to others (including charitable, community and sporting organisations and private individuals). Financial assistance must be for the purposes of exercising the Council's functions.

21. However, it should be noted that if the recipient acts for private gain, it must not receive any benefit until at least 28 days’ public notice of Council’s proposal to pass the necessary resolution has been given. This notice is not required if:

(a) the financial assistance is part of a specific program, and

(b) the program's details have been included in the Council's draft operational plan for the year in which the financial assistance is proposed to be given, and

(c) the program's proposed budget for that year does not exceed 5 per cent of the council's proposed income from the ordinary rates levied for that year, and

(d) the program applies uniformly to all persons within the council's area or to a significant group of persons within the area.

22. As a result of the program’s details not being specifically included in the Council's exhibited Operational Plan for 2021/22, public notice was required. The exhibition of the proposed program demonstrated good support for the program, with no opposing feedback received.

23. Upon Council endorsement of the proposed Sustainability Rebates and Small Grants Program, Council’s Legal team will review and ensure that the terms and conditions of each individual program minimize any potential liability risks.

FINANCIAL IMPLICATIONS FOR COUNCIL

24. The total cost of delivering these programs within the current 2021/22 financial year would be $155,000 and this will be managed by Council’s Waste & Sustainability team.

25. This includes external funding of $40,000 from the NSW Government Better Waste and Recycling Fund, $30,000 from the SUEZ Waste Contract Education Budget, and $30,000 of funding from Sydney Water through their Water Saving Partnership Program. The remaining $55,000 is covered within Council’s existing Operational budgets for Environmental Education and Domestic Waste Management.

26. The overall financial impact on the current 2021/22 budget is Nil.

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

Funding Source	NIL

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

Funding Source	N/A

CAPEX	NIL
CAPEX	NIL
External	NIL
Internal	NIL
Other	NIL
Total CAPEX	NIL

Bernadette Riad

Sustainability Officer Resource Recovery

Jim Stefan

Group Manager City Assets& Environment

Richard Sheridan

Chief Financial Officer

John Warburton

Executive Director, City Assets & Operations

Brett Newman

Chief Executive Officer

Attachments:

There are no attachments for this report.

REFERENCE MATERIAL

Council 22 November 2021 Item 14.4

GREEN

ITEM NUMBER 14.4

SUBJECT FOR APPROVAL: The Parramatta River Plan

REFERENCE F2021/00521 - D08252792

REPORT OF Senior Project Officer - Parramatta Ways Program Manager

workshop/briefing date: 17 November, 2021

reason in caretaker:

This matter may be considered during the Caretaker Period as it does not contravene the provisions of Clause 393B of the Local Government (General) Regulations 2021.

PURPOSE:

The purpose of this report is to seek approval for Council staff to undertake engagement with identified key stakeholders on the draft Parramatta River Plan, who are integral to the delivery of the plan.

RECOMMENDATION

(a) That, Council endorses the draft Parramatta River Plan (Attachment 1) for key stakeholder consultation;

(b) Further that, a consultation feedback report with a revised draft of the Parramatta River Plan be prepared and reported back to Council in 2022.

BACKGROUND

1. The City of Parramatta Council has been a key facilitator of a growing movement to support the improvement and recognition of the Parramatta River. Some key examples of this movement include.

a. 2008, the formation of the Parramatta River Catchment Group an alliance of councils, government agencies and local community groups with a plan to make the Parramatta River a world-class river and swimmable by 2025.

b. 2015 endorsement of the Parramatta City River Strategy, a comprehensive plan to transform the city river foreshore into a vibrant public space that connects to the city, celebrating the history and culture of the Parramatta River.

c. 2018, NSW Government recognition of the importance of both Parramatta and the Parramatta River as part of its metropolitan plan which identified Parramatta as the heart of the Central River City.

d. The planning and delivery of major foreshore projects shaping the City’s relationship with the Parramatta River such as.

· Escarpment Boardwalk

· Subiaco Creek boardwalk

· Alfred Street Bridge

· the Museum of Applied Arts and Sciences

· Charles Street Square

2. Council’s work and advocacy has begun to demonstrate the potential of our river and there is a valuable opportunity to continue to build on this momentum.

STRATEGIC CONTEXT

3. In 2016, the City of Parramatta’s local government boundaries were extended, expanding the total extent of the Parramatta River waterway within the local government area (LGA).

4. In 2016, Parramatta was also identified as a key central growth area within Sydney and the Greater Parramatta to Olympic Park (GPOP) growth precinct was established with the Parramatta River as a central feature.

5. In 2020, Council endorsed its Local Strategic Planning Statement which identified the Parramatta River as a key opportunity for expanding its open space and recreation network. Council also endorsed the Local Housing Strategy identifying priority growth precincts within the LGA and locating around 75% of future growth within a 10min walk or cycle of the Parramatta River.

6. Further strategic planning work is now being undertaken by key government and institution stakeholders which will have implications on the future use, access, interface, and quality of the Parramatta River foreshore. Key project examples include:

· Metropolitan District planning

· Future transport planning

· GPOP Infrastructure planning

· PLR Stage 2 planning

· Westmead Place and Public Domain strategies

· Camellia Place Strategy

· Sydney Metro-West

· The Museum of Applied Arts and Sciences

7. To support strategic planning underway and to define future opportunities, it is of value for the City of Parramatta to define a stronger vision and narrative for the whole extents of the Parramatta River and its key supporting tributaries within its local government area.

THE PARRAMATTA RIVER PLAN

8. In 2020, Council received a $200,000 grant from the Department of Planning Industry and Environment’s (DPIE) Metro Greenspace Program for the development of a spatial framework for the Parramatta River.

9. Council staff have aligned work on the spatial framework with Council’s priorities to develop the Parramatta River Plan.

10. The Parramatta River Plan defines future potential for the Parramatta River and its tributaries within the Greater Parramatta to Sydney Olympic Park (GPOP) priority growth area including:

a. a 20-year vision to establish the Parramatta River as a continuous regional parkland at the centre of metropolitan Sydney and Parramatta the Central River City.

b. a clear context and justification for the vision.

c. opportunities for the creation of a continuous open space network and the delivery of 165 hectares of new public space to support planned growth in the Greater Parramatta and Sydney Olympic Park area (GPOP).

d. key principles for future planning and design work along the river.

e. big ideas for achieving the vision of the river as a continuous river parkland.

f. short-term opportunities for project delivery.

CURRENT STATUS

11. A draft version of the Parramatta River Plan has been prepared and is now ready for consultation with key stakeholders. A copy of the draft plan has been provided at Attachment 1.

12. Project collaboration and buy-in, from key stakeholders, is a critical step for any future success and influence of the Parramatta River Plan.

CONSULTATION & TIMING

13. Council staff are seeking approval from Council to engage with key stakeholders, helping shape the final plan and its integration with other future strategic documents. This will include a staged engagement process and collaborative approach with key delivery partners.

14. A copy of the stakeholder engagement plan has been provided at Attachment 2

Stakeholder Consultation

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

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

Councillor Consultation

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

Date

Councillor

Councillor Comment

Council Officer Response

Responsibility

17.11.2021

All/Councillor Workshop

Nicole Carnegie

Luke Wolstencroft

City Strategy

RISK ASSESSMENT

17. If Council resolves to approve this report in accordance with the proposed resolution, there are minimal risks to Council. A summary of some key risks along with their considerations has been outlined in the table below.

Risk

Considerations

High stakeholder expectations following communication of the vision

· High expectations will be useful as we seek outcomes in the current strategic planning context

· NSW Government and City of Parramatta have several large river projects already underway that demonstrate delivery and provide a focus in the short-term

High costs and uncertainty on NSW Government funding and support

· Council has received over $66m in NSW Government funding over the last 10 years

· Having a plan and a vision will provide greater opportunities to leverage funding

· There are a significant number of projects already underway with committed funding

· Council has identified several Section 711 Funding items that will support the River

· Not all outcomes are dependent on Government Funding

The number and complexity of stakeholder interests/ governance challenges along the river.

· This challenge/ risk will remain regardless of this project’s endorsement

· the plan offers a shared vision for all stakeholders to focus collaboration

· a staged engagement strategy provides the opportunity to bring stakeholders along the journey and confirm support prior to community consultation

The plan will require more work for Council

· the plan has strong alignment across Council's core business and key strategic directions

· there are a significant number of projects already completed or underway that will support achieving outcomes proposed under the plan

· the plan provides a useful focus for determining some alignment on key priorities in the future

LEGAL IMPLICATIONS FOR COUNCIL

18. If Council resolves to approve this report in accordance with the proposed resolution, there are no legal implications that have been considered in preparing this report to Council.

FINANCIAL IMPLICATIONS FOR COUNCIL

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

20. 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.

21. 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	Nil	Nil	Nil

Funding Source

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

Funding Source

CAPEX
CAPEX
External
Internal
Other
Total CAPEX	Nil	Nil	Nil	Nil

Luke Wolstencroft

Senior Project Officer - Parramatta Ways Program Manager

Helen Papathanasiou

Environmental Outcomes Manager

Richard Sheridan

Chief Financial Officer

Nicole Carnegie

Acting Group Manager, City Strategy

Brett Newman

Chief Executive Officer

Attachments:

1 ⇩	Draft Parramatta River Plan	55 Pages
2 ⇩	Stakeholder Engagement Plan	9 Pages

REFERENCE MATERIAL

Council 22 November 2021 Item 15.1

WELCOMING

ITEM NUMBER 15.1

SUBJECT FOR NOTATION: Minutes of the Riverside Advisory Board Meeting held on 29 April 2021 and 24 June 2021

REFERENCE F2021/00521 - D08238541

REPORT OF Business Manager, Riverside Theatres

workshop/briefing date: NIL

PURPOSE:

The Riverside Advisory Board met on 29 April 2021 and 24 June 2021. This report provides a precis of the minutes of these meetings. It is noted that there has been a delay in reporting these minutes to Council and as a result the minutes are a record of Advisory Board discussion from earlier in 2021.

RECOMMENDATION

That Council note the Minutes of the Riverside Theatres Advisory Board Meetings held on 29 April 2021 and 24 June 2021 (Attachment 1 and 2).

BACKGROUND

1. The Riverside Theatres Advisory Board is a voluntary Committee of interested community members, Council staff and Councillors. The current Committee membership as of 29 April 2021, comprised:

Ms Vyvienne Abla

Clr Donna Davis

Clr Bob Dwyer

Mr Jon Greig

Ms Rhonda Hawkins

Clr Andrew Jefferies

Mr Luke Mackey

Mr Alan Manly

Ms Keiasha Naidoo

Mr Vaughan Roles

Mr Carl Sciberras

Dr Jim Taggart OAM

2. The Advisory Board advocates for Riverside Theatres and its critical role as a major arts and culture attraction for Sydney’s Central City.

3. The primary purpose of the Committee is to advise Council on the strategic direction of the Riverside Theatres’ performance program and venues with reference to Council cultural plans and other relevant plans; to advise Council on Riverside Theatres’ strategic role in delivering Council’s vision for Sydney’s Central City as a culturally rich, successful, prosperous and destination Parramatta; and to advocate for Riverside Theatres as western Sydney’s premier performing arts centre.

4. The Committee meets every two months with a minimum of six meetings each year.

5. There has been a delay in reporting Advisory Board Minutes to Council due the disruptive operational impact of COVID-19 restrictions on Riverside Theatres and some staff turnover within the Riverside Leadership Team. The appointment of a new Riverside Theatre Director will mitigate this risk moving forward.

ISSUES/OPTIONS/CONSEQUENCES

RIVERSIDE THEATRES ADVISORY BOARD MEETING – 29 APRIL 2021

Director’s Report

6. The Director’s Report was taken as read and accepted. The Report included

Program highlights from January to April 2021. The full Director’s Report is included as Attachment 3 (Director’s Report-210624).

7. The Theatres are returning to a more normal operation with COVID capacity restrictions being eased, improved attendances and better than budgeted revenue.

8. Future opportunities include the recruitment of a new Riverside Director, a reset of the Riverside redevelopment/renewal, the Advisory Board Review, and the NSW Government Dine and Discover Voucher program.

9. Fire compliance sprinkler works under the seating banks is to commence shortly in Raftery’s and Lennox Theatres to meet improved safety standards.

10. Riverside’s KPI’s were reviewed and are included in Attachment 3 (Director’s Report-210624).

Looking Back, Looking Forward - Review of the Riverside Advisory Board & Terms of Reference

11. A proposed review and discussion of the role and scope of the Riverside Advisory Board and its Terms of Reference was presented by the Riverside Director. Many perspectives were shared and ideas for future discussions were put forward and discussed. The Advisory Board Review Terms of Reference are included as Attachment 4 (Advisory Board Review-Summary of Responses-210429).

Riverside Redevelopment Update

12. Work is currently being undertaken to develop a new scheme/design together with an operating financial model. The results of this work will be presented to the working group in May.

13. This is an iterative process aiming to produce a new redevelopment scheme within budget parameters to be defined, within the constraints of the current Riverside site, and with a viable operating model.

RIVERSIDE THEATRES ADVISORY BOARD MEETING - 24 JUNE 2021

Welcome and Apologies

14. The Chair noted apologies and welcomed everyone acknowledging that this was the Director’s last Advisory Board meeting. The Lord Mayor also acknowledged Robert Love and his role at Riverside and the general work he had done for Riverside Theatres, Council and the City of Parramatta. There will an event to recognize Robert’s contribution at a future date.

Director’s Report

15. The Chair invited Robert Love (Riverside Director) to share the highlights of Director’s Report before opening for discussion with the Advisory Board. These can be found in Attachment 5 (Director’s Report-210624).

16. The Director outlined current COVID measures at Riverside included mask wearing inside Riverside along with social distancing, sanitizer being in place, working from home being encouraged and keeping abreast of the Public Health Orders (PHO).

17. Currently, Riverside is operating at 50% capacity with mask wearing. The Theatres are well set up for continuing COVID Safe operations.

RIVERSIDE DIRECTOR RECRUITMENT

18. The Executive Director updated the Board on the Riverside Director recruitment process, which has progressed to second round interviews and reference checks.

ADVISORY BOARD REVIEW AND REVISED DRAFT TERMS OF REFERENCE

19. The meeting progressed to the Director’s Review of the Advisory Board and discussion of options for a new draft revised Terms of Reference. These can be found in Attachment 6 (Revised Terms of Reference Final-210624). Three options for the future operation of the Advisory Board were outlined for consideration

· Option 1: The Riverside Advisory Board continues as an Advisory Committee of Council.

· Option 2: The Riverside Advisory Board is dissolved.

· Option 3: A Not-for-Profit Company Limited by Guarantee to operate Riverside.

20. The Director’s Report recommended that Option 1 is preferred given the significant value the Advisory Board had provided over the past 20 years.

21. Following comments from the Advisory Board on the draft Terms of Reference and the Director’s Review of the Advisory Board, the Executive Director suggested that the revised draft Terms of Reference be amended to incorporate member suggestions and an Advisory Board resolution be drafted for consideration and adoption at the next Advisory Board meeting

22. This action would be in advance of the outcomes of the Advisory Board Review and any proposed resolution needing to come to Council for its consideration.

RIVERSIDE REDEVELOPMENT

23. A new concept scheme has been developed since February and presented to Council’s Executive Team. The next steps will be for the concept scheme to be presented to a Councillor workshop on the 5th July 2021, prior to a report being bought to Council for consideration on the 26^th July 2021.

OTHER BUSINESS

24. Robert Love was asked if would consider remaining available to Riverside after his last day as Director. However, he respectfully declined at this time noting that his successor should have a clear way forward.

25. The Executive Director explained that there is a capable leadership team in place at Riverside. When a new Director is appointed this team’s experience would provide for adequate continuity both from an Advisory Board and operational perspective.

CONSULTATION & TIMING

Stakeholder Consultation

(a) The following stakeholder consultation has been undertaken in relation to this matter:

Date	Stakeholder	Stakeholder Comment	Council Officer Response	Responsibility
29 April 2021 & 24 April 2021	Community Members of the Advisory Board	Comments are recorded in the Minutes of the Meetings attached to this report	n/a	Riverside Theatres / Community Services / Craig McMaster

Councillor Consultation

(b) The following Councillor consultation has been undertaken in relation to this matter:

Date

Councillor

Councillor Comment

Council Officer Response

Responsibility

29 April 2021 & 24 April 2021

D Davis

B Dwyer

A Jefferies

Comments where applicable are recorded in the Minutes of the Meetings attached to this report

n/a

Riverside Theatres / Community Services / Craig McMaster

LEGAL IMPLICATIONS FOR COUNCIL

(c)

FINANCIAL IMPLICATIONS FOR COUNCIL

(d) Expenditure incurred by activity referred to in this report is within Council’s existing approved budgets.

	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

CAPEX
CAPEX
External
Internal
Other
Total CAPEX

Funding Source

Sainesh Moss

Business Manager, Riverside Theatres

Craig McMaster

Director - Riverside Theatres

Richard Sheridan

Chief Financial Officer

Jon Greig

Executive Director Community Services

Brett Newman

Chief Executive Officer

Attachments:

1 ⇩	210429 Advisory Board Meeting Minutes	4 Pages
2 ⇩	210624 Advisory Board Meeting Minutes	3 Pages
3 ⇩	Director's Report-210429	16 Pages
4 ⇩	Advisory Board Review - Summary of Responses-210429	4 Pages
5 ⇩	Director's Report-210624	21 Pages
6 ⇩	Revised Terms of Reference Final-210624	5 Pages

REFERENCE MATERIAL

Council 22 November 2021 Item 16.1

THRIVING

ITEM NUMBER 16.1

SUBJECT FOR APPROVAL: Late Night Trading Development Control Plan seeking commencement of exhibition

REFERENCE F2021/00521 - D08264683

REPORT OF Senior Lead Strategic Projects

workshop/briefing date: Wednesday 17 November, 2021

reason in caretaker:

This matter may be considered during the Caretaker Period as it does not contravene the provisions of Clause 393B of the Local Government (General) Regulations 2021.

PURPOSE:

To seek Council’s endorsement to publicly exhibit the Draft Late Night Trading Development Control Plan for a minimum of 28 days.

RECOMMENDATION

(a) That Council endorse the Draft Late Night Trading Development Control Plan for exhibition.

(b) That at the least, the following public authorities are directly consulted during public exhibition:

i. Department of Planning, Industry and Environment

ii. Liquor & Gaming NSW

iii. Independent Liquor & Gaming Authority

iv. NSW Police

v. Environment Protection Agency

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

BACKGROUND

1. At its meeting of 10 July 2017, Council endorsed the Draft Late Night Trading (LNT) Development Control Plan for public exhibition. The Draft LNT Development Control Plan was exhibited for an extended 7-week period and received 12 submissions.

2. At its meeting of 11 December 2017, Council considered the outcomes of the public exhibition and considered the adoption of the amended Draft LNT Development Control Plan. Council resolved:

(a) That Council defer the adoption of the DRAFT LNT DCP until the end of June 2018 to allow relevant Council staff sufficient time to carry out and complete in depth consultation with all appropriate stakeholders in the City of Parramatta LGA.

(b) That these consultations should be undertaken with a view to ensure that current business owners in the Parramatta LGA are not disadvantaged in any way by any changes to the LNT proposed in the DCP and that potential future investors, who are attracted to the City of Parramatta LGA by virtue of the existing positive business environment in our city, are encouraged by the anticipated growth of a night economy which is safe, vibrant, diverse and

welcoming.

(c) Further, that another Councillor Workshop be held to explain the issues involved.

3. As a result of consultation with Councillors and Council staff during the development of the Parramatta Night City Framework 2020-2024, it was proposed that a review of the LNT Development Control Plan be undertaken after the Framework is finalised and the overall strategic direction for Parramatta’s Night Time Economy established.

4. The draft Framework committed to a review more broadly of the City’s development controls to support the growth and management of the night time economy under proposed Action 5.1.1.

STRATEGIC ALIGNMENT

5. The Draft LNT DCP is aligned with several Council plans and strategies that outline its strategic importance:

· Parramatta Community’s Strategic Plan 2018-2038 – Community Goal: Thriving – Strategies 5.3 and 5.4;

· Economic Development Plan 2017-2021 – Action 1.42;

· Culture and Our City – A Cultural Plan for Parramatta’s CBD 2017 – 2022 – Action 2.18.

· Parramatta Night City Framework 2020-2024 – Actions 1.1, 1.6, 1.7, 1.9, 1.10, 1.11, 1.12, 1.14.

Parramatta Night City Framework

6. The Parramatta Night City Framework (PNCF) sets out a strategic vision and implementation framework for the night time economy to grow and diversify over the next 5 years.

7. One of the five focus areas of the PNCF is planning for a future 24-hour CBD and late trading centres. The PNCF recognises the importance of careful planning and management in creating a diverse and thriving night city.

8. The PNCF identifies actions relating to the City’s development controls related to the night time economy, including the identification of late night entertainment precincts, the formulation of acoustic controls suitable for a 24-hour CBD, and reviewing and amending the Parramatta Development Control Plan (Parramatta DCP) to support growth and management of the night time economy across the LGA.

NSW 24-Hour Economy Strategy and NSW Liquor Act Amendments

9. In late 2020, several changes to NSW liquor laws were introduced to support night life and the growth of safe and vibrant night time economies all over the state, and supports the NSW Government’s 24-hour Economy Strategy.

10. The changes to NSW liquor laws, which also included the introduction of a new State Environmental Planning Policy Amendment (Arts and Cultural Activity) under the Environmental Planning and Assessment Act 1979, introduce new state planning objectives to protect and promote the use and development of land for arts and cultural activity.

11. These amendments also provide new powers for Councils and alternative and contemporary conditions to manage sound levels.

Current controls for late trading applications

12. Currently, Council does not have a specific set of controls that are aligned to strategic objectives and ensure consistent outcomes. Development applications for late trading premises are merit assessed on a case-by-case basis.

13. This process often leads to inconsistent outcomes for businesses and inhibits Council’s ability to implement the objectives and vision of the PNCF. The lack of a specific set of controls is thus a major barrier to creating a diverse and thriving night city.

14. The streamlining and strategic alignment of development controls associated with the night time economy is also in line with the aforementioned changes to NSW Liquor legislation.

OVERVIEW OF DRAFT LNT DCP

Aims and Structure

15. The draft LNT DCP provides an objective development assessment framework for licensed and non-licensed uses trading between 10pm and 6am. It aims to:

· Facilitate growth and diversification of the night time economy in appropriate locations;

· Balances the effects of a vibrant night time economy and reasonable levels of residential amenity;

· Encourage a broad and inclusive mix of uses throughout the night; and

· Ensure good venue practices to promote safety and community amenity.

Application of the draft LNT DCP

16. The draft LNT DCP will apply for all new development applications for LNT premises in the LGA. For applications within LNT Areas, set base and extended operating hours will apply. For proposals outside of these areas, hours will be merit assessed. Plan of management requirements and acoustic controls apply to all new development applications.

17. For existing uses undertaking material intensification, the draft LNT DCP will apply. A material change is defined as an existing venue applying to access proposed later base or extended hours, an unlicensed venue obtaining a liquor license of any type, or a low impact venue expanding capacity and/or changing use to become a high impact venue. In all circumstances, existing hours are protected.

18. The draft LNT DCP is not retrospective. Existing operating hours and consent conditions of an existing approved premises will prevail and continue to apply. Therefore, venues undertaking no change are unaffected by the draft LNT DCP.

19. For existing venues that are undertaking works that do not require a development application, the LNT DCP will not apply.

20. In event of an existing premises not submitting a development application in any of the circumstances listed above, existing hours are protected, including in the event where a venue has later hours than the prescribed under the draft LNT DCP. These hours cannot be reduced, with an aim to provide certainty for existing venues looking to invest and expand or improve their premises.

LNT Areas

21. The LNT Areas (LNTAs) are a place-based, hierarchal approach to managing LNT in the LGA. Each LNTA has specific allowable trading hours that reflect the quantity, type and temporal characteristics of existing night time activities; potential capacity for the growth of appropriate and compatible night time uses; existing or planned neighbouring sensitive uses; and existing or planned transport, cultural, social and public safety infrastructure.

22. The clustered approach allows higher venue density and diversity within short distances. This can create vibrant, active private and public spaces. This also increases safety through increased pedestrian activity and natural surveillance and can be supported by focused public domain, lighting, transport and CCTV initiatives that further improve public safety and access. This also creates a spatial arrangement that creates the opportunities for a positive, social and economic dynamic exchange between sites of different scales and types of activities.

23. The proposed LNT Areas include:

a. CBD LNTA 1: an area centred around but not exclusive to the B3 Commercial Core zone of the Parramatta CBD

b. CBD LNTA 2: an area centred around but not exclusive to some of the B4 Mixed Used zone in the Parramatta CBD

c. Urban Centre LNTA 3: a range of mixed-use centres across the LGA

d. Local Centre LNTA 4: Retail centres and high streets across the LGA

Categorisation of LNT Premises

24. The Draft LNT DCP proposes categories that provide opportunities for a variety of night time premises with diverse uses and scales that can attract a wider range of people out at night.

25. Three categories have been established for late trading premises based on potential impacts and are linked to liquor licence definitions outlined in Liquor Act 2007. The patron numbers that differentiate medium and high impact premises are linked to the Small Bar Licence capacity limits outlined in the Act.

26. Trading hours and Plan of Management requirements are linked to the impact categorisation of each premises.

Base and Extended Hours

27. Base and extended hours have been identified for the four LNT Areas. Base hours are the standard range of trading hours that an LNT premises is entitled to if an application is approved. Extended hours mean trading hours that may be approved above base hours on a trial basis and are considered maximum hours.

28. Hours for outdoor areas have also been established. Outdoor areas are any areas that are not considered an enclosed place within the meaning described in the Smoke-free Environment Regulation 2007.

29. For venues outside of LNT Areas, a merit assessment will be used to determine operating hours.

Trial Periods for Extended Hours

30. Section 4.17 (Imposition of Conditions) of the Environmental and Planning and Assessment Act 1979 (EP&A Act) permits the use of reviewable conditions by the consent authority where there is uncertainty about the impacts of a proposed use. A reviewable condition may be considered at any time or at intervals specified by the consent and can be changed on any such review. A reviewable condition may be used to permit extended hours of operation and increased maximum capacity. The use of reviewable condition is referred to as a trial period in the draft LNT DCP.

Current Controls

31. There is no existing documented framework for the use of trial periods; however, they are currently used in the assessment and approval of development applications for late trading venues across the LGA.

32. They are currently used in a way that can support approvals by allowing a review mechanism for Council to manage potential venue impacts and venue operators the opportunity to demonstrate that the proposed hours will have no unreasonable impact on surrounding land uses and that the venue will be well-managed.

Proposed Controls

33. As the use of trail periods is enabled through the EP&A Act, the draft LNT DCP cannot restrict their use. The draft LNT DCP looks to formalise existing practices for trial periods while providing an upgraded framework for their use to ensure consistent outcomes.

34. The draft LNT DCP proposes that any extended hours beyond base will be approved as a reviewable condition subject to a trial period of 12 months for Low Impact and High Impact premises.

35. When reviewing trial periods with the view to making extended hours permanent, Council will consider inspections by Council officers during trial period, Police Incident Register, formal customer complaints to Council investigated and upheld, and assessment of venue compliance with approved Plan of Management.

36. In the event of unreasonable impacts from the extended hours, a trial period could be extended or cancelled if venue operators cannot demonstrate actions to mitigate impacts and improve venue management.

ACOUSTIC CONTROLS

Current Controls

37. Currently, Council use acoustic controls informed by Environmental Protection Agency and Liquor and Gaming guidelines, which are considered standard practice across New South Wales.

38. In general terms, the existing controls are a relative criteria, where a new venue is required to demonstrate how their proposed operation will contribute no more than 5 decibels (dBA) to the measured background noise (without the venue in operation, but includes other night uses, traffic, residential noise, pedestrians etc.) at the boundary of the nearest residential use.

39. The current controls treat all spatial contexts – from suburban residential to the CBD – as the same. This means that the acoustic allowance for emitters could be unpractically restrictive in areas such as the CBD, where residential uses can be adjacent to venues but a higher level of vibrancy is desired. This can limit business viability of certain types of new and existing late night uses, including music, cultural and performance venues, further limiting the opportunity to diversify Parramatta’s night time economy.

40. Certainty for existing emitters is also reduced by the fact that venues are required to always meet acoustic standards at the closest sensitive use, even in a dynamic and changing built environment. The construction of a new sensitive use nearby, prompting new acoustic compliance requirements for existing venues could change their operating conditions, potentially in a limiting way, affecting business viability and changing the character of the area.

Proposed Approach

41. The draft LNT DCP includes place-based acoustic controls that aim to overcome some of the limitations in the existing controls and strike a better balance between the desired levels of vibrancy and a reasonable and commensurate level of amenity for residential and other sensitive uses.

42. Desired levels of vibrancy will vary across the LNTAs and at different times of night.

43. In this approach, the management and mitigation of noise is balanced between emitters (venues, premises etc) and receivers (residential uses, hotels, education etc).

44. Future external acoustic environments have been defined as a fixed level to provide certainty for noise generating uses and also allow future sensitive receivers to be acoustically designed. These uses could include:

· Contribution from street activity including people and traffic

· Contribution from venue activity such as entertainment and patrons

· Contribution from venue building services, such as mechanical plant, etc.

· Temporary events have been excluded

45. Fixed internal noise criteria has been defined for noise sensitive receivers. Future sensitive receivers must be defined to achieve internal levels based on the external acoustic environment and measured noise levels from any directly adjoining venue.

46. Noise generating uses must comply with fixed internal levels where they adjoin a noise sensitive development. Otherwise, noise generating uses must comply with fixed external levels at all existing and future receiver locations.

47. By defining the desired future acoustic environments for certain locations, both noise emitting and receiving uses can be designed and operated appropriately to meet this standard, increasing certainty to both. This could include a new residential building being built to a higher noise abatement standard using glazing and other materials or design solutions.

48. Given the significant shift in policy principles, the proposed approach will first only apply to the CBD and the immediate surrounds, with an aim to expand the framework more widely once it is in place.

49. This proposed approach aims to allow graduated levels of night time vibrancy to be established across the LGA that reflect the areas’ current and future late night character. For example, local centres can have a lower level of desired vibrancy to protect residential amenity, whilst the CBD can look to allow and encourage more vibrancy.

50. For areas outside of the CBD and its immediate surrounds, existing City of Parramatta policy will apply.

51. It is acknowledged that in some environments and circumstances certain types and levels of sound and noise is desirable and should be permitted, as it is reflective of a vibrant, social and cultural city being enjoyed by residents, workers and visitors.

Technical Acoustic Criteria

52. The Acoustic Controls will apply to new development applications for new uses and significant modifications to existing premises for all uses that include the following noise sources:

· Entertainment Noise, or music and patron noise emanating from activities associated with the night time economy

53. The Acoustic Controls will not apply to temporary events or activations.

54. For Areas outside of the CBD and immediate surrounds, the existing City of Parramatta approach will be retained.

55. New criteria will also apply for sensitive receivers, in relation to new premises, significant modifications to existing premises or new sensitive development. Sensitive uses include residential (including mixed use buildings but excluding temporary accommodation such as hostels and hotels), places of public worship, hospitals, child care facilities and classrooms.

56. Operators of commercial premises and temporary accommodation will continue to have control over the internal acoustic environments of these premises.

Internal Acoustic Criteria

57. Internal criteria have been established for new receivers or new sensitive development. This criteria is based on various standards and existing policy, as well as the consideration that entertainment noise may be perceived as more bothersome than road traffic or steady state sound.

External Noise Category (NC) Levels

58. External Noise Categories (NC) consider that entertainment sound is a desirable aspect of the city soundscape within certain areas, compared with industrial and mechanical sound, and therefore cumulative external criteria higher than the NSW Noise Policy for Industry amenity criteria is proposed.

59. The NC Levels only correspond to Entertainment Noise. While they do not specifically account for other noise sources, it is noted that road and rail traffic internal criteria is generally higher than the proposed levels; however, typical traffic levels are unlikely to exceed the proposed levels.

60. The criteria do not relate to the public realm or outdoor events. However, they represent higher external noise levels that consider the potential for other on-the-street noise, such as patrons and pedestrians.

61. External NC Levels do not necessarily correlate with the potential acoustic impact of a venue, and so external NC Levels do not correspond directly to a Proposed Premise Category and vice versa.

62. External NC Levels are based on:

· Existing entertainment noise levels measured as part of a benchmarking exercise for this study, including music and patron noise from bars, pubs and clubs across Sydney’s inner west and CBD. Measurements were conducted on a Friday night in April 2021 with venues generally busy. It is noted that measurements may have been compromised by residual effects of COVID-19 on the city’s nightlife at this time;

· Historical measurement data across Sydney over the past decade, including in Parramatta, and;

· An analysis of noise ingress through typical window façade constructions to different receiver types against proposed internal noise criteria.

63. Four NC levels have been determined and will apply within the LNTAs and immediately surrounding streets. The NC levels do not correspond directly to the LNTAs but will respond to the desired vibrancy and character of these areas and consider the balance between late trading and acoustic controls.

64. Time periods are often applied for assessing the impact of noise. The draft LNT DCP introduces the use of three time periods, with a different criteria set for each time period to allow for changing noise environments within the LNTAs. These time periods address the need for varying levels of vibrancy across the LNTAs. The three time periods are:

· Period 1 Day / Evening: 7am – 10pm

· Period 2 Night: 10pm – Midnight

· Period 3 Late Night: Midnight to 7am

65. It is proposed that the time periods apply all days of the week, across all LNTAs and NC levels for consistency.

Applying the criteria to new receiver developments

66. Under the proposed criteria, a Noise Impact Assessment prepared by a suitably qualified acoustic consultant may be required when submitting a development application for a development where any of the first three NC levels are identified as per the DCP.

67. If a new receiver development is to adjoin an existing venue, the Noise Impact Assessment must also consider the noise emissions from the venue, as well as vibration and structure-borne noise.

68. Noise attenuation measures should consider the impact on the provision of passive natural ventilation.

69. Noise impact from other sources must also be considered, in accordance with other relevant Standards and policies.

70. In the case of mixed-use development, where some levels may include future venues, the Noise Impact Assessment must identify noise mitigation provisions to enable compliance with the acoustic criteria for venues.

Applying the criteria to new NTE Venues

71. Under the proposed criteria, a Noise Impact Assessment prepared by a suitably qualified acoustic consultant may be required when submitting a development application for a new or modified Venue.

72. An Entertainment Noise Management Plan may be required as part of the Plan of Management for a new development that includes or increases the potential impact of an entertainment sound-generating activity. The Entertainment Noise Management Plan should detail all noise management measures to ensure that the development can achieve the Venue Noise Criteria.

Premises Impact Management

Plan of Management

73. Standardised and impact-based Plan of Management requirements have been proposed to ensure venues are managed safely with minimal impacts on surrounding land uses through clear and comprehensive obligations.

74. A template of the base Plan of Management will be available through Council’s website to assist applicants to make complete development applications.

Social Impact Assessment

75. Where a Community Impact Statement is required as under the Liquor Act 2007, this should be submitted with the Development Application. An additional social impact statement is not required.

CONSULTATION & ENGAGEMENT

76. Council staff are seeking approval from Council to engage with key stakeholders and the community to inform the final DCP for endorsement.

77. The engagement strategy for the exhibition of the LNT DCP has been prepared consistent with Council’s Community Engagement Strategy (December 2019) as well as the statutory requirements under the EP&A Act 1979 for DCPs. The engagement strategy will be delivered with assistance from Council’s City Engagement Team and involves the following elements:

a. 4 week exhibition period;

b. Frequently asked questions (FAQs);

c. User guides for residents and businesses;

d. New Participate Parramatta and temporary ‘On exhibition’ webpages will be created; and

e. Online submission portal and formal submission process

78. The exhibition material will provide an overview of the LNT DCP, its aims and objectives, key processes and controls.

79. The LNT DCP will be exhibited for a 4 week period in accordance with the above Engagement Strategy with a report back to Council in early 2022.

Stakeholder Consultation

80. Council’s officers undertook informal consultation with various stakeholders to provide comments and feedback on a summary of the draft proposal. Where suitable, the feedback has been incorporated into the draft LNT DCP controls.

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

Date	Stakeholder	Stakeholder Comment	Council Officer Response	Responsibility
12/03/2021	Parramatta Police Area Command			City Strategy/ Economic Development
19/03/2021	Parramatta Liquor Accord			City Strategy/ Economic Development
12/04/2021	Flemington Liquor Accord			City Strategy/ Economic Development
12/04/2021	Australian Hotels Association			City Strategy/ Economic Development
12/04/2021	Night Time Industries Association			City Strategy/ Economic Development
12/04/2021	Independent Bars Association			City Strategy/ Economic Development
13/04/2021	Auburn Police Area Command			City Strategy/ Economic Development
13/04/2021	Cumberland Police Area Command			City Strategy/ Economic Development
13/04/2021	Ryde Police Area Command			City Strategy/ Economic Development

82. A summary of stakeholder comments and Council Officer responses are in Attachment 2: Pre-Exhibition Consultation

Councillor Consultation

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

Date

Councillor

Councillor Comment

Council Officer Response

Responsibility

3/02/2021

All/

Councillor Workshop

1) Additional examination of:

- Application process and timeframes of trial periods for extended trading hours.

- Integration and alignment of the NTE DCP with other planning instruments and documents.

- Assessment of the expected economic benefits of the proposal.

- Consideration of how noise/sound abatement standards (such as window glazing) will be legislated and implemented.

2) The Night Time Economy DCP project would proceed to the next phase of the project, informal consultation with industry and stakeholders.

1) The Economic Development team has considered these points in the further development and refinement of the DCP and the noise controls.

2) Informal consultation has been carried out during the pre-exhibition phase as noted above.

City Strategy/

Economic Development

84. A Councillor workshop is scheduled for Wednesday 17 November prior to the Council meeting on Monday 22 November.

LEGAL IMPLICATIONS FOR COUNCIL

85. There are no legal implications for Council associated with this report because the proposed Engagement Strategy is consistent with the requirements in the EP&A Act 1979 and Council’s Community Engagement Strategy (December 2019).

FINANCIAL IMPLICATIONS FOR COUNCIL

86. If Council resolves to approve this report in accordance with the proposed resolution, there are no unbudgeted financial implications for Council’s budget because the costs associated with the Engagement Strategy including associated collateral of approximately $7,000 are within existing budget from the Economic Development Special Rate.

87. 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	Nil	Nil	Nil

Funding Source

Operating Result
External Costs	$7,000
Internal Costs
Depreciation
Other
Total Operating Result	-$7,000	Nil	Nil	Nil

Funding Source	Economic Development Special Rate

CAPEX
CAPEX
External
Internal
Other
Total CAPEX	Nil	Nil	Nil	Nil

Karim Kisirwani

Senior Lead Strategic Projects

Nicole Carnegie

Acting Group Manager, City Strategy

Richard Sheridan

Chief Financial Officer

Brett Newman

Chief Executive Officer

Attachments:

1 ⇩	Draft Late Night Trading Development Control Plan	29 Pages
2 ⇩	Pre-exhibition consultation responses for Draft Late Night Trading Development Control Plan	4 Pages

REFERENCE MATERIAL

Council 22 November 2021 Item 17.1

INNOVATIVE

ITEM NUMBER 17.1

SUBJECT FOR APPROVAL: Submission on State Significant Development Application for Telopea Precinct

REFERENCE NCA/4/2021 - D08288404

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

workshop/briefing date: 17 November 2021

PURPOSE

For Council to approve the submission (Attachment 1) to the Department of Planning, Industry and Environment (DPIE) on the State Significant Development Application for the Telopea Concept Plan and Stage 1A development.

RECOMMENDATION

(a) That Council approves, for submission to the NSW Department of Planning, Industry and Environment, the submission (Attachment 1) on the Telopea State Significant Development and Environmental Impact Statement, which includes but is not limited to the following key matters:

i. supports in principle the regeneration of Telopea and social housing stock, retail and other service facilities including the opportunity to provide a new library and open space included improvements to the public domain around the Light Rail Station;

ii. across the entire redevelopment, seeks confirmation that the proposal will make a sufficient contribution to the local infrastructure needs to be generated by future residents and workers in the precinct, properly implements the provisions of Design Excellence as specified in the Parramatta LEP 2011 and satisfies parking, tree retention and infrastructure requirements specified in the Telopea DCP;

iii. supports in principle Stage 1A of the Development subject to the design amendments to the proposed neighbourhood park to be dedicated to Council, including removal of basement car parking beneath;

iv. in relation to the Concept Area (excluding Stage 1A) object to:-

1. the proposal exceeding the FSR permitted under the Parramatta LEP 2011 and relevant State Environmental Planning Policies and height variations; and

2. non-compliances with the Telopea DCP in particular those related to setbacks and deep soil zones in the Precincts.

v. Council objects to any approval being granted for any redevelopment of LAHC land in Telopea prior to the Planning Agreement being agreed by Council and the applicant.

(b) Further, that Council authorise the Chief Executive Officer to:

i. make any amendments of a non-policy and administrative nature that may arise during finalisation of the Submission; and

ii. endorse the Technical Assessment which will be submitted as an attachment to the submission which provides more in-depth technical analysis to support the recommendations in the submission and technical requirements that should be part of any approval.

BACKGROUND

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

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

3. LAHC and Frasers formally lodged the SSD application with DPIE on 5 October 2021. On 13 October 2021, the EIS and supporting documentation were placed on public exhibition for 28 days until 9 November 2021. The exhibition material was published online on the DPIE website. Hard copies of the material were also made available at Council’s Customer Service Centre and Dundas Branch Library. The applicant held a community drop-in session at Dundas Community Hall on 3 November 2021.

4. Council has been granted an extension by DPIE to submit Council’s endorsed submission until 23 November 2021.

THE PROPOSAL

5. The SSD application consists of a Concept Proposal for the staged redevelopment of the Telopea Estate and a detailed proposal for the first stage of development, referred to as ‘Stage 1A’. A description of the Concept Proposal and Stage 1A detailed proposal is provided in this section.

Concept Proposal

6. The Concept Proposal applies to the Core Area and the Northern and Southern Precincts of the Telopea Estate, referred to collectively as the ‘Telopea Concept Plan Area’. The Concept Proposal does not seek any physical works to take place in the Telopea Concept Plan Area. It seeks consent for the maximum building envelopes (height and gross floor area) and identifies the land uses and public infrastructure upgrades to be provided. Subsequent development applications will need to be lodged to approve physical works in the Concept Plan Area.

7. The Concept Proposal seeks consent for the following:

a. Mixed use development consisting of 4,700 dwellings (mix of social (740 dwellings), affordable (256 dwellings) and market dwellings (3,704 dwellings)

b. New retail precinct, including new supermarket and childcare facility

c. A new library and community centre

d. Combined church, residential aged care facility and independent living units

e. New public open spaces

f. Tree removal and retention of existing significant trees

g. Road, intersection and cycle way upgrades

h. Upgrades to utility services.

Stage 1A (detailed proposal)

8. Approval for physical works is only sought for the Stage 1A component of the SSD application. Stage 1A consists of the first stage of works to be delivered and is located within the Core Area adjacent to the Light Rail station.

9. Stage 1A seeks development consent for the following works:

a. Construction of five apartment buildings containing 443 apartments, between 22m and 92m in height (4 and 14 storeys) with shared basement

b. Construction of a new Light Rail arrival plaza for the and new neighbourhood park (both proposed to be dedicated to Council)

c. Construction of Sturt Street West extension over the PLR, including intersection works at Adderton Road

d. Streetscape works to Sturt Street and Shortland Street

e. Demolition, excavation, tree removal

f. Subdivision.

10. A map indicating the extent of Stage 1A and the Concept Plan Area is shown in Figure 1 below. The figure also identifies the layout of the Core Area and Northern and Southern Precincts of the Telopea Estate.

Figure 1 – Land application of the Concept Plan Area and Stage 1A, Layout of Core Area and Precincts. (source: Scoping Report for SSD Application, LAHC 2021) (annotated by Council Officer)

KEY ISSUES

11. This report provides a summary of the key issues identified as part of the Council Officer assessment of the SSD application. The submission (Attachment 1) contains details and more detailed justification on the key strategic issues. The submission will also be supported by a Technical Assessment which will be circulated to Councilors prior to it being finalised and forwarded as an attachment to the submission. The Technical Assessment provides the fullest assessment on key strategic issues and specifies development controls, Australian Standards and other Council technical requirements that need to be satisfied by any future development and which should be considered as part of the assessment or required as a condition of any approval granted.

12. In summary, the submission supports the following aspects of the Stage 1A detailed proposal and Concept Plan:

a. renewal of ageing social housing stock and delivery of additional social and affordable housing;

b. provision of additional public open space, including the Light Rail Arrival Plaza and new neighbourhood park;

c. potential for a new larger community centre and library;

d. new retail and service offerings closer to the Parramatta Light Rail stop; and

e. proposed provision of the residential aged care facility and independent living units.

13. Notwithstanding support for the above, it is considered the following key issues are required to be addressed by the applicant.

14. In relation to both Stage 1A and the Concept Proposal it is submitted that:

a. the development should contribute to the provision of local infrastructure to meet the demand from increased residential and worker population as a direct result from the development. The contribution should be equal or greater in value to the development contributions required under the Parramatta (Outside CBD) Contributions Plan 2021;

b. the SSD application should adequately address the requirements of Design Excellence provisions of Clause 6.12 of the Parramatta LEP 2011;

c. the development should comply with all provisions of Council’s DCP for the Telopea Precinct, noting only a small number of non-compliances are considered warranted and are supported. These are further discussed in Attachment 1. Particularly significant non-compliances that should be addressed include:

· Visitor car parking provision should be increased and provision for electric vehicles for Stage 1A development;

· Commitment to provide dual water piping through the development;

· Built form and landscaping outcomes for both The Core and The Precincts; and

· The retention or adequate justification for the removal of a significant amount of high value trees.

15. In relation to the Stage 1A detailed proposal it is submitted that:

a. the proposed area of the neighbourhood park dedicated to Council should be reflective of the true extent of the parkland, that is, 1,830sqm (or 2,200sqm including footpaths), not the 3,536sqm stated in the application.

b. the basement car park should be redesigned to not encroach along the south-western interface of the new neighbourhood park to ensure provision of deep soil throughout. Council will not accept dedication of new open space with basement car parking below.

16. In relation to the Concept Proposal it is submitted that:

a. Council does not support the proposal for The Core to significantly vary the maximum height contained in the Parramatta LEP 2011 on the basis that adequate justification for the maximum height variations has not been provided.

b. Council believes based on its calculation that the Concept Plan proposal exceeds gross floor area permissible under the floor space ratio (FSR) allowable under the Parramatta LEP 2011 and State Environmental Planning Policies.

c. the proposed built form Precincts are not supported and should be redesigned to respond to the steep topography, provision of adequate setbacks and creation of deep soil zones, in accordance with the DCP controls for Telopea.

d. the Precincts site area create ‘isolated sites’ which are in private ownership and resultant poor built form outcomes. Council requests that LAHC and its development partner pursue negotiations with these sites in order to amalgamate development sites.

e. no legal mechanisms have been outlined in the EIS documentation to guide the process for NSW LAHC to acquire Council’s roads and Council’s property at 21 Sturt Street. This is a requirement of the SEARs.

17. In summary, the submission states that Council objects to the Concept Plan in its current form, as there are significant built form issues and variations from the Parramatta LEP 2011 that are required to be reconciled by the applicant. The submissions states that Council supports the Stage 1A application, subject to some resolution of details relating to parking, roads and the design of the neighbourhood park and Arrival Plaza.

CONSULTATION & TIMING

Stakeholder Consultation

18. No stakeholder consultation has been undertaken by Council concerning the SSD application. As the Minister is the consent authority for the SSD application, DPIE is responsible for coordinating all public and stakeholder consultation.

Date	Stakeholder	Stakeholder Comment	Council Officer Response	Responsibility
Nil	Nil	Nil	Nil	Nil

Councillor Consultation

19. The SSD application has been the subject of various past Councillor workshops. These are identified below:

Date	Councillor	Councillor Comment	Council Officer Response	Responsibility
Councillor Workshop held 24 February 2021	All except Lord Mayor, Clr Jefferies, Clr Tyrell, Clr Wilson	LAHC Proposal should incorporate traffic improvements, more open space and community facility. Further feedback to be submitted to staff on DPIE’s request for SEARs.	Councillors invited to provide any additional feedback on DPIE’s request for SEARs.	City Planning
Councillor Workshop held on 5 May 2021.	All	Requested details on the breakdown of social, affordable and market dwellings proposed in the SSD application.	Approximate breakdown of housing tenure (based on current assumptions at the time) provided to Councillors on 7 May 2020.	City Planning
15 October Councillor Briefing Note on Exhibition of State Significant Development Application	All	N/A	N/A	City Planning
Councillor Workshop scheduled for 3 November 2021 did not proceed due to lack of Councillor attendance.	All	Presentation was instead circulated to all Councillors via the portal on 4 Nov 2021	At the time of finalisation of this report no feedback from circulation of the slide package had been received.	City Planning
Councillor Briefing scheduled for 17 November 2021	All	Presentation on this matter will be given to all Councillors prior to the 22 November 2021 Council meeting.	N/A	City Planning

LEGAL IMPLICATIONS FOR COUNCIL

20. The legal and property matters are addressed in Section 4 of the submission at Attachment 1.

FINANCIAL IMPLICATIONS FOR COUNCIL

21. It is acknowledged Council officers are currently negotiating a Planning Agreement associated with the SSD application with Frasers and LAHC to address the delivery of community infrastructure and several other works-in-kind. Council officers are also currently negotiating with Frasers and LAHC on the transfer of Council’s land.

22. Council officers understand that the VPA would be attached as a condition of consent to any development approval, however the submission states that Council does not agree to the SSD Application being approved without the VPA being agreed to by Council and the applicant.

23. Council is currently reviewing the revised voluntary planning agreement (VPA) Letter Offer included as part of the SSD Application package. Council’s submission will provide high level feedback in relation to the Letter of Offer, and on design detail of those items contained in the VPA which are subject of the SSD application.

24. At the time the Planning Agreement is executed, Council can then consider and incorporate the infrastructure and other Planning Agreement deliverables into Council budget and asset management strategies. These matters will be the subject of a future workshop and report to Council.

25. The table below shows no 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	Nil	Nil	Nil

Funding Source

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

Funding Source

CAPEX
CAPEX
External
Internal
Other
Total CAPEX	Nil	Nil	Nil	Nil

NEXT STEPS

26. It is recommended Council approve the submission (Attachment 1) to the Department of Planning, Industry and Environment (DPIE) on the Environmental Impact Statement (EIS) dated 30 July 2021 as part of the SSD application for a Concept Plan and Stage 1A works for Telopea.

27. DPIE has agreed to allow Council to lodge a late submission. Should Council approve the submission (Attachment 1), it will be forwarded promptly to them for their consideration in assessment of the SSD application.

Kashfia Hasan

Senior Project Officer Land Use Planning

Robert Cologna

Land Use Planning Manager

David Birds

Group Manager, City Planning

Richard Sheridan

Chief Financial Officer

Jennifer Concato

Executive Director City Planning and Design

Brett Newman

Chief Executive Officer

Attachments:

1 ⇩

Draft Submission

23 Pages

REFERENCE MATERIAL

Council 22 November 2021 Item 17.2

INNOVATIVE

ITEM NUMBER 17.2

SUBJECT FOR APPROVAL: Process of Making Submissions on Development Applications and Planning Proposals

REFERENCE F2021/00521 - D08290348

REPORT OF Strategic Business Manager

workshop/briefing date: Nil

reason in caretaker:

This matter may be considered during the Caretaker Period as it does not contravene the provisions of Clause 393B of the Local Government (General) Regulations 2021.

PURPOSE:

To provide Council with an explanation on how submissions to Development Applications and Planning Proposals are considered and managed; and the outcomes of the investigation on ways to better inform residents of the process of making such submissions.

RECOMMENDATION

That the following actions be undertaken to improve the information to residents when making a submission on a Development Application:

i. Revise information on Council’s website to explain what constitutes a unique submission

ii. Revise information on Council’s website to explain the importance of unique submissions as they relate to triggers for determination of a DA by the Parramatta Local Planning Panel

iii. Revise information on Council’s website to provide advice on how to write a unique submission

iv. Investigate whether a generic template can be generated to assist residents structure their submission when making an on-line submission

v. Revise information on Council’s website to further explain how petitions and form letter submissions are counted.

BACKGROUND

1. A Matter of Urgency in relation to the process of managing submissions received on Development Applications (DA) was considered at the Council Meeting on 25 October 2021, where Council resolved as follow;

‘That a report be brought to the 22 November 2021 Council Meeting investigating ways to inform residents of the process to support or oppose development applications and planning proposals.’

2. When a DA or Planning Proposal (PP) is publicly notified, interested parties are invited to make a submission. The vast majority of submissions received in response to notification are from residents and the majority of submissions raise objections to the proposal.

3. In making a submission on a proposal to Council, our community has the following options:

· Post a written submission

· Email

· On-line submission via Council’s website – requires uploading of a Word document or PDF.

ISSUES/OPTIONS/CONSEQUENCES

How does Council consider submissions?

4. In undertaking a planning assessment of a DA or PP, Council staff have a legal obligation to consider all submissions, whether it be a submission in objection or support. This includes matters raised or set out in a petition or form letter. However, some matters raised in submissions may not fall within the remit of a planning assessment as set out in the Environmental Planning and Assessment Act, 1979 and established through case law. For example, concerns around property values as a result of a proposal are often raised in submissions but are not a matter Council can take into consideration in determining the merits of a proposal.

What should a submission contain?

5. A submission does not have to be long nor prepared by a planning professional. It should reference the DA or PP description and/or site address and application number, state the name and address of the submitter (although this is not mandatory), state whether the proposal is supported or not supported, and clearly identify the aspects of a proposal that are of interest to the writer and explain why.

How does Council count the number of submissions?

Development Applications

6. The Department of Planning, Industry and Environment (DPIE) has provided guidance on how to count submissions in prescribing the number of submissions needed to trigger a referral of a DA to a Local Planning Panel (LPP) for determination. In doing so, DPIE has stated that a submission must be unique for it to be counted.

7. Therefore, Council counts each unique submission. For a submission to be considered unique, it needs to be in substance unique, distinctive or unlike any other submission. It is Council assessment staff who determine whether a submission is unique.

8. It is commonly thought that petitions in response to notification of DAs count as multiple submissions depending on the number of signatures. However, this is not the case. The DPIE has provided guidance on this and advised that petitions are counted as one unique objection. The same applies to form letters, whereby only one form letter is counted as a unique submission. The additional form letters are not counted. This is also the case for multiple submissions from the same address or submitter within the same notification period. These are counted as one unique submission.

9. Please note however, as advised above, the issues raised in a form letter or petition are considered in the assessment of a planning application provided the issues are matters that can be considered by a consent authority under relevant planning legislation and case law.

10. Any person wishing to make a submission on any application is always encouraged to detail the reasons why they personally may oppose or support a proposal. Often those reasons overlap with the concerns raised by others in their community, however, they should be separately and individually expressed. In a practical sense, a submitter should put their concerns in their own words even if those concerns are shared by others. That will ensure their submission is counted as a unique submission. This is important, if for example, the community wishes to object to a proposal and are wanting the LPP to determine the application. The number of unique submissions that triggers referral to the LPP is 10 or more. That trigger has been set by Ministerial direction.

11. It is very important for submitters to understand that in respect of DAs, it is ultimately the substance or merit of an issue raised that has greater impact on whether or not a proposal is supportable, rather than the sheer number of submissions received.

12. If an application is re-notified, the same approach applies, and further submissions are counted provided they are unique.

Planning Proposals

13. PPs are not subject to the same approval pathways as DAs. The number and/or type of submissions (e.g. individual or petition) made to the public exhibition of a PP does not change the process Council follows in its consideration of the results of the public exhibition which is carried out through consideration of a Council officer report to the LPP and then to a Council meeting. If no submissions are made then the Council officer report is put directly to a Council meeting.

14. The Council officer reports on the outcomes of the exhibition of a PP refers to the number and type of submissions that have been made and the matters raised in the submissions. If a petition has been submitted the Council officer report will refer to the petition, the issues it raises and the number of signatories.

Where can our community find out information on how to make a submission?

Development Applications

15. Council has a submissions page on its website which provides information and advice for anyone seeking to make a submission with regards to DAs. The relevant links to this information are:

https://www.cityofparramatta.nsw.gov.au/development/submissions

https://www.cityofparramatta.nsw.gov.au/sites/council/files/2020-04/DA%20Submissions%20Fact%20Sheet_3.pdf

A link to the submissions page is included on every notification letter that is sent out for all DAs.

16. DPIE also provides information on submissions and when determination is triggered for the LPP:

https://www.planning.nsw.gov.au/Assess-and-Regulate/Development-Assessment/Local-Planning-Panels/Frequently-asked-questions

Planning Proposals

17. When a PP is publicly exhibited details are published on Council’s website in the Participate Parramatta section. Information and advice is provided for anyone seeking to make a submission on how to do so.

Outcomes of investigations

18. Council officers have investigated ways to improve information to residents when making a submission on a DA. The following actions are recommended:

vi. Revise information on Council’s website to explain what constitutes a unique submission

vii. Revise information on Council’s website to explain the importance of unique submissions as they relate to triggers for determination of a DA by the Parramatta Local Planning Panel

viii. Revise information on Council’s website to provide advice on how to write a unique submission

ix. Investigate whether a generic template can be generated to assist residents structure their submission when making an on-line submission

x. Revise information on Council’s website to further explain how petitions and form letter submissions are counted.

CONSULTATION & TIMING

19. There are no consultation and timing considerations for Council associated with this report.

Stakeholder Consultation

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

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

Councillor Consultation

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

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

LEGAL IMPLICATIONS FOR COUNCIL

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

FINANCIAL IMPLICATIONS FOR COUNCIL

23. There are no financial implications for Council associated with this report.

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

Funding Source	N/A

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

Funding Source	N/A

CAPEX
CAPEX
External
Internal
Other
Total CAPEX	Nil

Kathleen Sales

Strategic Business Manager

Richard Sheridan

Chief Financial Officer

Jennifer Concato

Executive Director City Planning and Design

Brett Newman

Chief Executive Officer

Attachments:

There are no attachments for this report.

REFERENCE MATERIAL

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


	Press	Press

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