NOTICE OF Council MEETING

PUBLIC AGENDA

 

An Ordinary Meeting of City of Parramatta Council will be held in the Cloister Function Room, 1 Marist Place, Parramatta on Monday, 7 February 2022 at 6:30pm.

 

 

 

 

 

 

 

 

Brett Newman

CHIEF EXECUTIVE OFFICER

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

 

 


 

COUNCIL CHAMBERS

 

 

Governance

Manager

 

Lord Mayor
Cr Donna Davis

Chief Executive Officer

 

 

 

 

Minute Clerk

 

 

 

 

Cr Phil

Bradley

 

 

Cr Lorraine Wearne

 

 

 

 

 

Sound

Cr Sameer Pandey, Deputy Lord Mayor

 

Cr Henry Green

 

 

 

Cr Paul

Noack

 

Cr Michelle Garrard

 

 

 

Cr Ange Humphries

 

Cr Donna

Wang

 

 

 

IT

Cr Dr Patricia Prociv

 

Cr Dan

Siviero

 

 

 

Cr Pierre

Esber

 

Cr Kellie Darley

 

 

 

Cr Cameron Maclean

 

Cr Georgina Valjak

 

 

 

 

Executive Director City Engagement & Experience

Executive Director Community Services

Executive Director City Planning & Design

Group Manager City Strategy

Executive Director City Assets & Operations

Executive Director Corporate Services

Executive Director Property and Place

 

 

 

Press

Press

 

 

 

 

Public Gallery

 


 

STATEMENT OF ETHICAL OBLIGATIONS:

 

In accordance with clause 3.23 of the Model Code of Meeting Practice, Council is obligated to remind Councillors of the oath or affirmation of office made under section 233A of the Local Government Act 1993, and of their obligations under Council’s Code of Conduct to disclose and appropriately manage conflicts of interest – the ethical obligations of which are outlined below:

 

Obligations

Oath [Affirmation] of Office by Councillors

I swear [solemnly and sincerely declare and affirm] that I will undertake the duties of the office of Councillor in the best interests of the people of the City of Parramatta Council and the City of Parramatta Council that I will faithfully and impartially carry out the functions, powers, authorities and discretions vested in me under the Local Government Act 1993 or any other Act to the best of my ability and judgement.

Code of Conduct Conflict of Interests

Pecuniary Interests

A Councillor who has a pecuniary interest in any matter with which the Council is concerned, and who is present at a meeting of the Council at which the matter is being considered, must disclose the nature of the interest to the meeting.

 

The Councillor must not be present at, or in sight of, the meeting:

a)      At any time during which the matter is being considered or discussed, or

b)      At any time during which the Council is voting on any question in relation to the matter.

Non-Pecuniary Conflict of Interests

A Councillor who has a non-pecuniary conflict of interest in a matter, must disclose the relevant private interest in relation to the matter fully and on each occasion on which the non-pecuniary conflict of interest arises in relation to the matter.

Significant Non-Pecuniary Conflict of Interests

A Councillor who has a significant non-pecuniary conflict of interest in relation to a matter under consideration at a Council meeting, must manage the conflict of interest as if they had a pecuniary interest in the matter.

Non-Significant Non-Pecuniary Interests

A Councillor who determines that they have a non-pecuniary conflict of interest in a matter that is not significant and does not require further action, when disclosing the interest must also explain why conflict of interest is not significant and does not require further action in the circumstances.

 


Council                                                                                                         7 February 2022

 

TABLE OF CONTENTS

 

ITEM                                                         SUBJECT                                               PAGE NO

 

1       OPENING MEETING

2       ACKNOWLEDGMENT OF THE TRADITIONAL LAND OWNERS

3       WEBCASTING ANNOUNCEMENT

4       OTHER RECORDING OF MEETING ANOUNCEMENT

5       CONFIRMATION OF MINUTES

Council - 22 November 2021..................................................................................... 7

Council - 10 January 2022....................................................................................... 30

6       APOLOGIES AND APPLICATIONS FOR LEAVE OF ABSENCE

7       DECLARATIONS OF INTEREST

8       Minutes of the Lord Mayor

9       Public Forum

10     Petitions

11     Rescission Motions

12     For Notation

12.1           Investment Report for November 2021............................................... 34

12.2           Minutes of Audit Risk and Improvement Committee Meeting held on 26 August 2021 and 30 September 2021................................................ 83

12.3           Minutes of the Access Advisory Committee Minutes held on 19 October 2021.......................................................................................................... 96

12.4           Variations to Standards under Clause 4.6 of Parramatta LEP 2011, Auburn LEP 2010, Holroyd LEP 2013, The Hills LEP 2012, Hornsby LEP 2013                                                                                                                  110

13     For Council Decision

13.1           Chief Executive Officer Delegations.................................................. 122

13.2           Membership of the City of Parramatta Audit Risk and Improvement Committee.............................................................................................. 129

13.3           Local Government NSW Special Conference.................................. 134

13.4           12 Grand Avenue Boundary Adjustment (Deferred Item).............. 139

13.5           Classification of Lot 5 DP1238944 as Operational Land (Deferred Item)                                                                                                                  154

13.6           Post Exhibition - Planning Proposal, Draft Site-Specific Development Control Plan, and Planning Agreement for land at 23-25 Windsor Road, Northmead............................................................................................. 158

13.7           Post Exhibition - Planning Proposal for land at 64 Victoria Road, North Parramatta............................................................................................. 486

13.8           Submissions to DPIE and IPART on the Development Contributions Reform                                                                                                                  530

14     Notices of Motion

14.1           CBD Lighting Project............................................................................ 610

14.2           Events Budget....................................................................................... 613

14.3           Traffic Lights at Bennelong Parkway - Hill Road Intersection....... 615

14.4           Acknowledgement of all Faith............................................................. 616

15     Questions with Notice

Nil

16     Innovative

Nil

17     Closed Session

17.1           Tender 23/2021 Hygiene Services

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.

17.2           Horwood Place Compulsory Acquisition by Sydney Metro West

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.

 

18     PUBLIC ANNOUNCEMENT OF RESOLUTIONS PASSED IN CLOSED SESSION

19     CONCLUSION OF MEETING

 

 

 

After the conclusion of the Council Meeting, and if time permits, Councillors will be provided an opportunity to ask questions of staff.


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, 22 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, Pierre Esber, Michelle Garrard (Deputy Lord Mayor), Bob Dwyer, Andrew Jefferies, Sameer Pandey, Dr Patricia Prociv, Bill Tyrrell, Andrew Wilson (6:43pm), Lorraine Wearne and Martin Zaiter.

 

20.    OPENING MEETING

 

The Lord Mayor, Councillor Steven Issa, opened the meeting at 6.34pm.

 

21.    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.

 

22.    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.

 

23.    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.

 

24.    CONFIRMATION OF MINUTES

 

 

SUBJECT:         Minutes of the Council Meeting held on 8 November 2021

 

3579

RESOLVED      (Zaiter/Jefferies)

 

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

 

25.    APOLOGIES/REQUESTS FOR LEAVE OF ABSENCE

 

3580

RESOLVED      (Bradley/Zaiter)

 

That the request to attend the Ordinary Council Meeting dated 22 November 2021 via remote means submitted by the following Councillors due to personal reasons, be accepted:

-            Councillor Barrak

-            Councillor Tyrrell

-            Councillor Dwyer.

 

26.    DECLARATIONS OF INTEREST

 

There were no Declarations of Interest made at this meeting.

 

27.    Minutes of the Lord Mayor

 

8.1

SUBJECT          Lebanese National Day of Independence - 22 November 2021

 

REFERENCE   F2021/00521 - D08324201

 

REPORT OF     Lord Mayor, Councillor Steven Issa

 

3581

RESOLVED      (Issa/Zaiter)

 

(a)     That Council note that today, Monday 22 November, is the Lebanese National Day of Independence.

 

(b)     Further, that Council acknowledge the contributions made to the life and progress of the City of Parramatta by Lebanese Australians.

 

8.2

SUBJECT          White Ribbon Day 2021

 

REFERENCE   F2021/00521 - D08324281

 

REPORT OF     Lord Mayor, Councillor Steven Issa

 

3582

RESOLVED      (Issa/Bradley)

 

(a)     That Council note White Ribbon Day 2021, took place on Friday, 19 November 2021.

 

(b)     That Council note the theme for White Ribbon Day 2021 was ‘Learn, Give and Take Action’.

 

(c)     Further, that the Chamber note City of Parramatta Council remains committed to the prevention of domestic and family violence.

 

28.    Public Forum

 

Nil

29.    Petitions

 

Note: Clr Davis left the Chamber at 6:38pm and returned at 6:40pm during the

during the tabling of Petitions.

 

10.1

SUBJECT          OatlandS Golf Club Development Proposal

 

REFERENCE   NCA/10/2021

 

FROM                 Councillors Pierre Esber

 

 

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

reads:

 

“We, the residents who have signed this petition respectfully appeal to Council to support our cause in objecting to the above proposal. We are only a small portion of the residents who attended a public meeting to object to this proposal. Further names and addresses can be supplied if requested.

 

Our objections include the fact that a development of this scale is a blight on the environment, and will result in loss of amenity of the area. It will spoil the beautiful greenery of the golf course. Green open space is irreplaceable once it is gone; the development is not in keeping with the area which consists of single dwellings with strict height limits, the development fronts Bettington Rd which is a narrow 2 lane main local arterial road already overburdened with traffic.

 

The proposed development includes 5 separate blocks of units to be built on a hill close to homes that adjoin the golf course. This will have the detrimental effect of destroying the privacy of the residents and grossly overshadowing their homes.

 

There may be other objections that are relevant to this proposal. For the purpose of this petition, we highlight only the above objections.

 

We pray that Council accepts our petition and help us to stop this development.”

 

 

Note: Clr Wilson arrived at 6:42pm during the tabling of Petitions.

 

3583

RESOLVED      (Esber/Garrard)

 

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

 

10.2

SUBJECT          Murray Farm and Carlingford West Public School

 

REFERENCE   F2021/00052

 

FROM                 Councillor Andrew Jefferies

 

 

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

reads:

 

“We are the residents of the area between North Rocks Road, Jenkins Rd, Pennant Hill Road and Bradley Dr in Carlingford. According to Department of Education, our area will be excluded from the intake catchment of Murray Farm and Carlingford West Public School from Day 1 Term 1 2022, and then be taken by Roselea Public School.

 

This unexpected changes were published on 1 Nov 2021 and we ask you to review the decision since changes to this area are inappropriate and unfair. We request the intake assignment should be remained as it is now.

 

1.         It adds great risk to students’ trips to school. We have always been within the catchment of Murray Farm and Carlingford West Public School due to the natural division of Pennant Hill Road (Cumberland Highway). Pennant Hill Road/Cumberland HWY is a very busy road, which serves a vital transmission for all trucks from/to M2. The part it run through Carlingford ranks top 3, among the roads that have the most car accidents in NSW. The new change didn’t take the geographical barrier into consideration at all.

 

2.         The NSW government has already proposed extension work on the intersection at Pennant Hill Road and North Rocks Road back in Nov 2020 as part of its $450 million Urban Roads Congestion Program. The work is anticipated to begin in 2022. The proposed upgrade has confirmed the heavy traffic load on that intersection with 60,000 vehicles per day and with proposed extension work it will only become an even bigger hazard for our school kids to cross it every day.

 

3.         School Catchment should be designed to benefit the local community and provide not only safety and convenience to school but also to reduce traffic in the area. Although both Carlingford West an Murray farm Public School resides in the suburb of Carlingford, less than 50% of Murray farm Public catchment falls in Carlingford. With the future proposal of taking our area out, Murray Farm Public School is taking less and less students from where it sits, instead of more students from other suburbs as far as 5km away.

 

4.         The change to this area is not necessary. Murray Farm Public school doesn’t have any issue with its enrolment number, given its enrolment is very stable at around 900 students for the past 6 years and slightly down last year. Based on the new intake area, Murray Farm is taking other areas of Carlingford West Public School, but excluding us as a community with history of half a century. The result is not beneficial but only causing panic and confusion through residents.

 

5.         Disrespect the history and integrity of our community. Our area has been within the old catchment since the two schools were built back to 50 years ago. We have grandmas that saw her daughter to those school. Our kids know each other from childcare, preschools, and carry their friendship all the way to local schools. School buses run right through the middle of our area and then straight into Murray Farm Public School. We support those schools for all kinds of activities, from fundraising to volunteering. We have formed a very close and effective school community lifecycle, but yet the new intake proposal is going to smash it hard.

 

6.         This intake change is caused by the building of heaps of apartments within Current Carlingford West Public School catchment. However, our area is are a low-density residential area and don’t have any apartments or units, but we are now the ultimate scapegoat that pays the price of approving and building too many high-rising apartments.

 

7.         The new intake happens abruptly and is harming family feeling. The decision wasn’t published until 1 Nov, given no prior notice to family going to school next year at all. Kindly students have already packed up their bags and uniforms and now families have to replan their lives. We just recovered from the long-term lockdown and online learning and nobody is expected to be welcomed by this. Nor was the decision brought to attention via community news, P&C meeting in school or any other communicable measurement prior to changes made.

 

We plead: Keep our school intake area as it is now. Please listen and stop.”

 

3584

RESOLVED      (Jefferies/Garrard)

 

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

 

10.3

SUBJECT          Gate at Farnell Avenue, Carlingford at North Rocks Park

 

REFERENCE   CRM2017/00005

 

FROM                 Councillors Andrew Jefferies

 

 

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

reads:

 

“We, the undersigned, are concerned residents who make use of the facilities and services located at North Rocks Park. We urge Council’s Traffic Committee (including the Hills Local Area Command) to reopen the locked gate and provide community access to Farnell Avenue, Carlingford to reduce traffic delays and congestion when exiting North Rocks Park.”

 

3585

RESOLVED      (Jefferies/Garrard)

 

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

 

30.    Rescission Motions

 

Nil

 

 

Procedural Motion

 

3586

RESOLVED      (Garrard/Zaiter)

 

That Items 12.1 to 12.4 be resolved en bloc.

 

31.    Fair

 

12.1

SUBJECT          FOR NOTATION: Investment Report for October 2021

 

REFERENCE   F2021/00521 - D08299471

 

REPORT OF     Tax and Treasury Accountant

 

3587

RESOLVED      (Garrard/Zaiter)

 

That Council receive the Investment Report for October 2021.

 

12.2

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

 

REFERENCE   F2019/04433 - D07809627

 

REPORT OF     Chief Financial Officer

 

3588

RESOLVED      (Garrard/Zaiter)

 

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

 

12.3

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

 

REFERENCE   F2021/00521 - D08040166

 

REPORT OF     Corporate Strategy Manager

 

3589

RESOLVED      (Garrard/Zaiter)

 

That Council receive and note the End of Term Report 2018-21 on the Community Strategic Plan 2018-2038 – Butbutt yura barra ngurra.

 

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

 

3590

RESOLVED      (Garrard/Zaiter)

 

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.

 

12.5

SUBJECT          FOR NOTATION: NSW Veterans Strategy

 

REFERENCE   F2021/00521 - D08281534

 

REPORT OF     Chief People & Culture Officer

 

3591

RESOLVED      (Pandey/Bradley)

 

(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)     That a report be provided to Council after 12 months on the progress of the change to Council’s policy and investigating available options in line with the NSW Veteran Strategy.

 

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

 

12.6

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

 

REFERENCE   F2021/00521 - D08303015

 

REPORT OF     Governance Manager

 

3592

RESOLVED      (Garrard/Zaiter)

 

That Council note the statistical report on Code of Conduct Complaints relating to Councillors and the Chief Executive Officer for the period 1 September 2020 to 31 August 2021.

 

 

Note: Clr Esber left the Chamber at 6:54pm and returned at 6:55pm

during the consideration of Item 12.6.

 

12.7

SUBJECT          FOR APPROVAL: 12 Grand Avenue Boundary Adjustment

 

REFERENCE   DA/671/2020 - D08284315

 

REPORT OF     Property Officer

 

3593

RESOLVED      (Prociv/Garrard)

 

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

 

12.8

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

 

REFERENCE   DA/961/2015 - D08298365

 

REPORT OF     Manager Property Plan & Program

 

3594

RESOLVED      (Prociv/Garrard)

 

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

 

12.9

SUBJECT          LATE REPORT FOR APPROVAL: Adoption of the Councillors' Expenses and Facilities Policy

 

REFERENCE   F2021/00521 - D08299844

 

REPORT OF     Executive Officer

 

3595

RESOLVED      (Esber/Garrard)

 

(a)     That Council approve the Councillors’ Expenses and Facilities Policy set out at Attachment 1 with the following clause 7.2 reinstated, as follows:

 

7.2      In the case of a code of conduct complaint made against a Councillor, legal costs will only be made available where the matter has been referred by the CEO to a conduct reviewer and the conduct reviewer has commenced a formal investigation of the matter and makes a finding substantially favourable to the Councillor, including where an investigation is withdrawn or closed without an adverse finding:

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

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

 

(b)     Further, that in adopting the Councillors’ Expenses and Facilities Policy, it is noted that Council has taken into consideration the previous resolution of Council, legal advice, advice from the Office of Local Government, and submissions received during the public exhibition period (provided at Attachment 2).

 

 

Matter of Urgency

 

3596

RESOLVED      (Prociv/Wilson)

 

That a procedural motion be granted to allow consideration of a matter of urgency in relation to “Wavertree” 10 New Zealand Street, Parramatta.

 

The Lord Mayor ruled the matter urgent.

 

3597

RESOLVED      (Prociv/Wilson)

 

(a)       That Council liaise with the Office of Heritage to ensure the James Houison designed "Wavertree" located at 10 New Zealand Street, Parramatta is not in a state of disrepair.

 

(b)       Further, that a report be provided to Council in February 2022 on the status of the matter.

 

32.    Accessible

 

13.1

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

 

REFERENCE   F2021/00521 - D08133018

 

FROM                 Property Programmer

 

 

MOTION             (Pandey/Bradley)

 

(a)      That Council receive and note 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.

 

 

AMENDMENT  (Garrard/Dwyer)

 

That the consideration of this matter be deferred.

 

The amendment moved by Councillor Garrard and seconded by Councillor Dwyer was then WITHDRAWN.

 

AMENDMENT  (Garrard/Dwyer)

 

(a)      That Council receive and note 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)     That Council approve the allocation of $173,000 in the relevant year of Council’s budget for upgrade works at the Dundas Community Centre.

 

(d)     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.

 

The amendment moved by Councillor Garrard and seconded by Councillor Dwyer on being put was CARRIED.

 

The amendment then became the motion.

 

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

 

3598

RESOLVED      (Garrard/Dwyer)

 

(a)     That Council receive and note 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)     That Council approve the allocation of $173,000 in the relevant year of Council’s budget for upgrade works at the Dundas Community Centre.

 

(d)     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.

 

 

Note:

1.         The Lord Mayor vacated the Chair at 7:13pm during the consideration of Item 13.1. The Deputy Lord Mayor assumed the Chair.

2.         The Lord Mayor resumed the chair at 7:16pm.

3.         Councillor Davis left the Chamber at 7:16pm and returned at 7:16pm during the consideration of Item 13.1.

4.         Councillor Garrard left the Chamber at 7:36pm during the consideration of Item 13.1.

 

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

 

3599

RESOLVED      (Tyrrell/Zaiter)

 

(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. 

 

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

 

3600

RESOLVED      (Zaiter/Jefferies)

 

(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. 

 

33.    Green

 

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

 

3601

RESOLVED      (Bradley/Zaiter)

 

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.

 

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

 

3602

RESOLVED      (Davis/Wearne)

 

(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.

 

(c)     That the proposed West Epping Park dog off-leash area be placed on public exhibition for 28 days.

 

(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.

 

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

 

3603

RESOLVED      (Bradley/Zaiter)

 

(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.

 

14.4

SUBJECT          FOR APPROVAL: The Parramatta River Plan

 

REFERENCE   F2021/00521 - D08252792

 

REPORT OF     Senior Project Officer -  Parramatta Ways Program Manager

 

3604

RESOLVED      (Prociv/Garrard)

 

That Council defer consideration of this matter to the new term of Council.

 

34.    Welcoming

 

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

 

3605

RESOLVED      (Prociv/Garrard)

 

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).

 

35.    Thriving

 

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

 

3606

RESOLVED      (Zaiter/Davis)

 

(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

 

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

 

(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.

 

36.    Innovative

 

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

 

 

MOTION             (Barrak/Dwyer)

 

(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 and Masterplan in particular those related to the road network in the Core which contribute to building heights greater than those proposed in the masterplan and setbacks and deep soil zones in both the Core and 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.

 

(a1)   That the submission in (a) above be endorsed subject to the following amendments:-

          i.             That the submission be amended to include an objection to car parking basement access via Winter Street in the Stage 1A development and that access to basement car parking be solely via Mews Street. The reasons for this objection be stated in the submission and in addition, any commentary relating to the splitting of the basement car park be removed from the submission.

         ii.             Council considers that some of the existing LAHC owned housing stock is of poor quality and in urgent need of renewal.  Some of the housing stock is located within the Precincts (Stage 3) and as indicated in the EIS will not be redeveloped for more than 15 years. Council therefore requests that the applicant reconsider the staging of delivery of new housing based on current condition of the existing housing stock in Stage 3 areas.

 

(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;

         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;

        iii.             issue a media release and write to the relevant Ministers advising of Council’s endorsed position in relation to the State Significant Development.

 

The motion moved by Councillor Barrak and seconded by Councillor Dwyer on being put was declared LOST.

 

 

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

 

17.2

SUBJECT          FOR APPROVAL: Process of Making Submissions on Development Applications and Planning Proposals

 

REFERENCE   F2021/00521 - D08290348

 

REPORT OF     Strategic Business Manager

 

3607

RESOLVED      (Garrard/Bradley)

 

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;

vi.      Provide a report to the Policy Advisory Committee (for subsequent approval by Council) investigating appropriate policy changes on how petitions with a significant number of signatories may be counted.

 

 

Note: Clr Davis left the Chamber at 7:49pm and returned at 7:50pm during the consideration of Item 17.2.

 

17.3

SUBJECT          NOTE LATE REPORT FOR NOTATION: Progress Report on Parramatta Light Rail and Outdoor Dining

 

REFERENCE   F2021/00521 - D08305795

 

REPORT OF     Group Manager Place Services

 

3608

RESOLVED      (Zaiter/Pandey)

 

That Council note the progress report outlined below on the Parramatta Light Rail and Outdoor Dining, and the impact of the proposed Metro construction on existing businesses along Church Street, Parramatta.

 

 

Note: Councillor Wearne and Councillor Wilson requested their names be recorded as having voted against the decision taken in this item.

 

37.    Notices of Motion

 

Nil

 

38.    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.

 

39.   CLOSED SESSION

 

3609

RESOLVED      (Davis/Esber)

 

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

20.1  FOR APPROVAL: Tender 31/2021 Fitzwilliam Road at Binalong Road & Reynolds Street, Old Toongabbie - Traffic Control Signal (TCS) Upgrade and Associated Civil Works. (D08250889) - 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.

20.2  FOR APPROVAL: Boronia Grove Cafe & Office Spaces - Outcome of EOI and Recommendation Report. (D08087102) - 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.

20.3  FOR APPROVAL: Lease of 358Z North Rocks Road, Carlingford & Agreement in respect of 6A Reilleys Road, Winston Hills. (D08239156) - 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  LATE REPORT FOR APPROVAL: CBD Outdoor Dining. (D08313924) - 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.

 

 

Procedural Motion

 

3610

RESOLVED      (Davis/Esber)

 

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

 

Note: The meeting was adjourned at 7:56pm for a short recess.

 

The meeting resumed at 8:04pm with the following Councillors in attendance: The Lord Mayor, Councillor Steven Issa and Councillors, Benjamin Barrak, Phil Bradley, Donna Davis, Michelle Garrard (Deputy Lord Mayor), Andrew Jefferies, Sameer Pandey, Dr Patricia Prociv, Bill Tyrrell, Andrew Wilson, Lorraine Wearne and Martin Zaiter.

 

20.1

SUBJECT          FOR APPROVAL: Tender 31/2021 Fitzwilliam Road at Binalong Road & Reynolds Street, Old Toongabbie - Traffic Control Signal (TCS) Upgrade and Associated Civil Works

 

REFERENCE   F2021/02567 - D08250889

 

REPORT OF     Manager Capital Projects

 

3611

RESOLVED      (Zaiter/Pandey)

 

(a)       That Council approve the appointment of the preferred proponent for the Traffic Control Signal (TCS) upgrade and associated civil works in Fitzwilliam Road, at Binalong Road & Reynolds Street, Old Toongabbie, for the contract sum as outlined in paragraph 14 of the report.

 

(b)       That all unsuccessful tenderers be advised of Council’s decision in this matter.

 

(c)        Further, that Council delegate authority to the Chief Executive Officer to finalise and execute all necessary documents.

 

20.2

SUBJECT          FOR APPROVAL: Boronia Grove Cafe & Office Spaces - Outcome of EOI and Recommendation Report

 

REFERENCE   F2021/00521 - D08087102

 

REPORT OF     Space Management Officer

 

3612

RESOLVED      (Wearne/Tyrrell)

 

(a)     That Council proceed with the submission received through the Expression of Interest for the Boronia Grove Café based on the reasons/terms outlined in paragraph sixteen (16) of this report.

 

(b)     That should the proposed applicant not proceed, the Chief Executive Officer seek a suitable tenant for the occupation of the Café space at 40 Victoria Street, Epping on terms similar to those outlined in paragraph sixteen (16) of this report.

 

(c)     That the Chief Executive Officer place the available Office Space(s) within 40 Victoria Street, Epping on Council’s Booking System for general community hire.

 

(d)     Further, that delegation is given to the Chief Executive Officer (CEO) to sign all documents associated with this matter.

 

20.3

SUBJECT          FOR APPROVAL: Lease of 358Z North Rocks Road, Carlingford & Agreement in respect of 6A Reilleys Road, Winston Hills

 

REFERENCE   F2021/00521 - D08239156

 

REPORT OF     Property Services Officer

 

3613

RESOLVED      (Jefferies/Tyrrell)

 

(a)     That Council approve the commercial terms, as set out in paragraph 3 of this report, of a proposed lease with Vodafone, for the operation of a telecommunications facility situated at 358Z North Rocks Road, Carlingford (‘Carlingford site’).

 

(b)     That Council approve an exemption from tender for the Carlingford site, pursuant to section 55(3)(i) of the Local Government Act 1993 (NSW), due to the unavailability of competitive tenderers.

 

(c)     That Council approve the commercial terms, as set out in paragraph 4 of this report, of a proposed agreement with Vodafone, for payment of compensation to Council for the operation of a telecommunications facility situated at 6A Reilleys Road, Winston Hills.

 

(d)     Further, that Council delegate authority to the Chief Executive Officer to negotiate all other terms and conditions and execute all necessary documents associated with these matters.

 

20.4

SUBJECT          LATE REPORT FOR APPROVAL: CBD Outdoor Dining

 

REFERENCE   F2021/00521 - D08313924

 

REPORT OF     Place Manager

 

3614

RESOLVED      (Zaiter/Pandey)

 

(a)     That Council approve Project 1 as outlined at paragraph 20(a) and allocate a budget of $1,060,000 from the CBD Infrastructure Reserve.

(b)     That Council approve Project 2 as outline at paragraph 20(b) and allocate a budget of $990,000 from the CBD Infrastructure Special Rate.

 

(c)     That Council note Projects 1 & 2 cannot commence until Transport NSW provide the ‘as built’ drawings in order to determine the precise location and exact number of blinds, lights and heaters to be installed on those structures.

(d)     Further, that Council note a report outlining detailed scope, funding and delivery plan for Project 3 and Project 4 as outlined in paragraphs 20(c) and (d) will be submitted to Council for consideration in 2022.

 

 

Note:

1.      Councillor Wearne and Councillor Davis requested their name be recorded as having voted against the decision taken in this item.

2.      Note: Clr Esber returned to the Chamber at 8:09pm during consideration of Item 20.4.

 

 

Procedural Motion

 

3615

RESOLVED      (Bradley/Tyrrell)

 

That the meeting resume into Open Session.

 

40.    REPORTS OF RESOLUTIONS PASSED IN CLOSED SESSION

 

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

 

 

SUBJECT          RESCISSION MOTION: Item 17.1 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

 

3616

RESOLVED      (Davis/Garrard)

 

That a procedural motion be granted to allow consideration of a matter of urgency to re-consider Item 17.1 Submission on State Significant Development Application for Telopea Precinct.

 

The Lord Mayor ruled the matter urgent.

 

3617

RESOLVED      (Garrard/Davis)

 

(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 and Masterplan in particular those related to the road network in the Core which contribute to building heights greater than those proposed in the masterplan and setbacks and deep soil zones in both the Core and 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.

 

(a1)   That the submission in (a) above be endorsed subject to the following amendments:-

          i.             That the submission be amended to include an objection to car parking basement access via Winter Street in the Stage 1A development and that access to basement car parking be solely via Mews Street. The reasons for this objection be stated in the submission and in addition, any commentary relating to the splitting of the basement car park be removed from the submission.

         ii.             Council considers that some of the existing LAHC owned housing stock is of poor quality and in urgent need of renewal.  Some of the housing stock is located within the Precincts (Stage 3) and as indicated in the EIS will not be redeveloped for more than 15 years. Council therefore requests that the applicant reconsider the staging of delivery of new housing based on current condition of the existing housing stock in Stage 3 areas.

 

(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;

         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;

        iii.             issue a media release and write to the relevant Ministers advising of Council’s endorsed position in relation to the State Significant Development.

 

 

Note: Councillor Dwyer returned to the Chamber at 8:33pm during consideration of Item 17.1.

 

Note: Councillor Tyrrell retired from the meeting at 8:51pm.

 

 

Procedural Motion

 

3618

RESOLVED      (Wilson/Garrard)

 

That a procedural motion be granted to allow consideration of a matter of urgency allowing Councillors to thank the Chamber and staff for their collective and individual support over last four (4) years.

 

The Lord Mayor ruled the matter urgent.

 

3619

RESOLVED      (Garrard/Wilson)

 

That Council thank the Chamber and staff for their collective and individual support over the last four (4) years.

 

41.    CONCLUSION OF MEETING

 

The meeting terminated at 8:56pm.

 

THIS PAGE AND THE PRECEDING 22 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON MONDAY, 22 NOVEMBER 2021 AND CONFIRMED ON MONDAY, 7 FEBRUARY 2022.

 

 

 

 

 

Chairperson

 


 

MINUTES OF THE Meeting of City of Parramatta Council HELD IN THE COMMBANK STADIUM 11-13 O'CONNELL STREET, PARRAMATTA ON Monday, 10 January 2022 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

 

Councillor Phil Bradley, Kellie Darley, Donna Davis, Pierre Esber, Michelle Garrard, Henry Green, Ange Humphries, Cameron Maclean, Paul Noack, Sameer Pandey, Dr Patricia Prociv, Dan Siviero, Georgina Valjak, Donna Wang and Lorraine Wearne.

 

1.      OPENING MEETING

 

The Chief Executive Officer (CEO), Brett Newman, opened the meeting at 6:32pm.

 

2.      ACKNOWLEDGEMENT OF THE TRADITIONAL LAND OWNERS

 

The CEO 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 CEO 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 CEO 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.      APOLOGIES/REQUESTS FOR LEAVE OF ABSENCE

 

3621

RESOLVED      (Garrard/Bradley)

 

That the request to attend the Ordinary Council Meeting dated 10 January 2022 via remote means submitted by the following Councillors due to personal reasons, be accepted:

-       Councillor Lorraine Wearne.

 

6.      DECLARATIONS OF INTEREST

 

There were no Declarations of Interest made at this meeting.

 

7.      Fair

 

7.1

SUBJECT          FOR APPROVAL: Election of the Lord Mayor

 

REFERENCE   F2021/00521 - D08299812

 

REPORT OF     Governance Manager

 

3622

RESOLVED      (Esber/Humphries)

 

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

 

(b)     That in the event that there be more than one (1) nomination, Council determine the method of voting, as outlined in paragraph 7 of this report, as Open Voting.

 

(c)     That the Office of Local Government and Local Government NSW be advised of the result of the election.

 

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

 

 

The Chief Executive Officer (CEO), as Returning Officer, then conducted the election of the Lord Mayor.

 

The CEO advised that one (1) nomination had been received for the role of Lord Mayor, being Councillor Donna Davis

 

The CEO then declared Councillor Donna Davis duly elected Lord Mayor for the ensuring term from January 2022 to September 2023.

 

Note:  At this time, the newly elected Lord Mayor, Councillor Donna Davis assumed the Chair.

 

7.2

SUBJECT          FOR APPROVAL: Election of the Deputy Lord Mayor

 

REFERENCE   F2021/00521 - D08305347

 

REPORT OF     Governance Manager

 

3623

RESOLVED      (Esber/Bradley)

 

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

 

(b)     That in the event that there be more than one (1) nomination, Council determine the method of voting, as outlined in paragraph 5 of this report, as Open Voting.

 

(c)     That the Office of Local Government and Local Government NSW be informed of the result of the election.

 

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

 

 

The Chief Executive Officer (CEO), as Returning Officer, then conducted the election of the Deputy Lord Mayor.

 

The CEO advised that one (1) nomination had been received for the role of Deputy Lord Mayor, being Councillor Sameer Pandey.

 

The CEO then declared Councillor Sameer Pandey duly elected Deputy Lord Mayor for the ensuring term from January 2022 to September 2023.

 

7.3

SUBJECT          FOR APPROVAL: Filling Casual Vacancies in Civic Office

 

REFERENCE   F2021/00521 - D08305361

 

REPORT OF     Governance Manager

 

3624

RESOLVED      (Esber/Garrard)

 

(a)     That the City of Parramatta Council, pursuant to Section 291A of the Local Government Act 1993 (the Act), declares that casual vacancies occurring in the office of a Councillor within 18 months after the last ordinary election of Councillors for the Council on 4 December 2021 are to be filled by a countback of votes cast at that election for the office in accordance with Section 291A of the Act.

 

(b)     That Council delegate authority to the Chief Executive Officer to negotiate, finalise and execute all documents and agreements with the NSW Electoral Commission in connection with this matter.

 

(c)     Further, that the Chief Executive Officer notify the NSW Electoral Commission of the Council’s decision within seven (7) days of the decision.

 

8.      CONCLUSION OF MEETING

 

The meeting terminated at 7.08 pm.

 

THIS PAGE AND THE PRECEDING 2 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON MONDAY, 10 JANUARY 2022 AND CONFIRMED ON MONDAY, 7 FEBRUARY 2022.

 

 

 

 

Chairperson

 

 

For Notation

 

07 February 2022

 

12.1           Investment Report for November 2021........................................................ 34

 

12.2           Minutes of Audit Risk and Improvement Committee Meeting held on 26 August 2021 and 30 September 2021....................................................................... 83

 

12.3           Minutes of the Access Advisory Committee Minutes held on 19 October 2021     96

 

12.4           Variations to Standards under Clause 4.6 of Parramatta LEP 2011, Auburn LEP 2010, Holroyd LEP 2013, The Hills LEP 2012, Hornsby LEP 2013...... 110


Council 7 February 2022                                                                                                   Item 12.1

FOR NOTATION

ITEM NUMBER         12.1

SUBJECT                  Investment Report for November 2021

REFERENCE            F2021/00521 - D08385786

REPORT OF              Tax and Treasury Accountant       

 

CSP THEME:

Fair

 

PURPOSE:

 

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

 

 

RECOMMENDATION

 

That Council receive the Investment Report for November 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 30 November 2021 was $493m. The average portfolio holdings held throughout the month was $487m.

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

5.      Approximately 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 30 November 2021:

 

 

 

 

 

Table 1: Summary of investment portfolio

Performance Summary

 

7.      Investment performance for the month. The investment portfolio reported a monthly- annualised return of 1.31% in November, outperforming the AusBond Bank Bill Index benchmark by 124 basis points. Council’s range of term deposits with variable durations from 30 days to 5 years contributed to the strong performance with an average yield of 1.29%. The TCorp Long Term Growth fund (LTGF) also reported a very strong monthly return of 1.64% actual, as bonds rallied.

 

8.      Councils Floating Rate Notes/Bonds and term deposits account 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 30 November 2021, the cumulative actual interest earned was $2.83m, falling below the year-to-date budget by approximately -$84k. The fall in interest income is primarily due to the CFS Global Managed Credit funds, which recorded a negative return in November (-0.57% actual)  as market valuations in global credit securities fell significantly.

Table 3: Year-to-date cumulative interest income

 

Maturities

 

 

11.    Overall, the portfolio remains well diversified from a maturity perspective, with around 31% of assets directed to medium term (2-5 years). There is still capacity to invest in this horizon, and this is where Councils advisors believe the most attractive yields are along the curve. All minimum and maximum criteria meet the policy guidelines

Table 8: Maturity profile

 

 

Compliance

 

12.    The portfolio complies with Council’s Investment Policy rating limits, with ample investment opportunity still available in A-rated institutions, and approx. $65m capacity in BBB+/unrated institutions.

 

 

 

 


 

 

Graph 1: Investment Policy rating capacity

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

 

13.    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

 

 

 

 

No exceptions

 



14.    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.

 

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

 

Certification of Investments

 

16.    I hereby certify that the investments for the month of November 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

 

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

Date

Stakeholder

Stakeholder Comment

Council Officer Response

Responsibility

30 November 2021

 

 

 

 

 

 

Imperium Markets

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

 

Refer Imperium Comprehensive Report

All Investments are within Policy limits and reconcile to the General Ledger as at 30 November 21

Richard Sheridan

Chief Financial Officer

 

Bruce MacFarlane

Treasury & Tax Accountant

 

Councillor Consultation

18.    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

 

19.    Investment interest year to date has underperformed budget by $84k

This is mostly due to the negative returns from the CFS Global Credit Fund during November, as credit assets fell. Investment interest will be reassessed, at the December quarterly review.

 

 

Bruce MacFarlane

Tax and Treasury Accountant

 

Fariha Chowdhury

Acting Chief Financial Officer

 

Jillian Khoo

Executive Director Corporate Services

 

Brett Newman

Chief Executive Officer

 

 

 

Attachments:

1

Investment and Loans Performance Graph November 2021.pdf

1 Page

 

2

List of Council Investments by maturity November 2021.pdf

8 Pages

 

3

Imperium Comprehensive Investment Report - November 21.pdf

35 Pages

 

 

 

REFERENCE MATERIAL


Item 12.1 - Attachment 1

Investment and Loans Performance Graph November 2021.pdf

 

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Item 12.1 - Attachment 2

List of Council Investments by maturity November 2021.pdf

 

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Item 12.1 - Attachment 3

Imperium Comprehensive Investment Report - November 21.pdf

 

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Council 7 February 2022                                                                                                   Item 12.2

FOR NOTATION

ITEM NUMBER         12.2

SUBJECT                  Minutes of Audit Risk and Improvement Committee Meeting held on 26 August 2021 and 30 September 2021

REFERENCE            F2021/00521 - D08385911

REPORT OF              Coordinator Internal Audit       

 

 

 

csp theme:             Fair

 

PURPOSE:

 

The Audit Risk and Improvement Committee (ARIC) met on 26 August 2021 (ordinary meeting) and 30 September 2021 (special meeting to consider Council’s audited Annual Financial Reports). This report provides a summary of the key discussion points of the meetings for Council’s notation.

 

RECOMMENDATION

 

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

 

BACKGROUND

 

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

 

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

 

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

 

4.      Under the ARIC’s Charter, all meeting minutes are required to be reported to Council. This report provides both a full copy of the minutes and a summary of the key discussion points of the ARIC meeting held on 26 August 2021 and 30 September 2021.

 

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

 

ISSUES/OPTIONS/CONSEQUENCES

 

Meeting 26 August 2021

 

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

7.      The Group Manager City Strategy gave a presentation on Community Strategic Plan (CSP) & Delivery Program Operation Plan (DPOP).

8.      The Executive Director Property & Place presented an overview of the Parramatta Square Project including extreme/significant risks. The presentation also included the Parramatta Square Financials and an update of the Leisure and Aquatic Centre.

9.      The interim MPAC chairperson presented an update on MPAC activities and the MPAC Annual Report.

10.    The Acting Internal Ombudsman provided an overview of the activities that were undertaken by the Internal Ombudsman Shared Service (IOSS) with City of Parramatta in the period from 1 July 2020 to 30 June 2022, including:

a.  Summary of the complaints received, and advice provided

b.  Summary of the investigations conducted

c.  Education activities conducted

d.  Probity advice provided

e.  Policy review and development

f.   Promotion and media activities

g.  Code of conduct matters

h.  Trends identified in matters reviewed or investigated

11.    The July 2021 YTD Finance Report which had been reviewed and approved by the Executive and Finance Committees was presented by the Executive Director Corporate Services (Michael Tzimoulas) and was noted by the Committee.

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

13.    Nirupama Mani, Director (NSW Audit Office) provided an update on the Audit Office activities. The Audit Office requested an extension for the issue of the Engagement Closing Report which was accepted by the Committee.

14.    An update of the status of the 2020/2021 Internal Audit Program was provided to the Committee. Audit reports on Procurement and Complaints Management have been finalised and will be provided to the Committee out of session.

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

16.    The Risk & Audit Manager informed that the tender evaluation report for provision of internal audit service recommended the tender be awarded to BDO.

17.    The Corporate Services Management Report presented to the Executive Team on 17 August 2021 was included for information purposes only.

18.    The Chairman advised that the ARIC term has been extended due to the postponement of the Council elections.

Jillian Khoo was introduced as the incoming Executive Director Corporate Services. The Committee thanked Michael Tzimoulas for his contributions to Council in that role.

Meeting 30 September 2021

 

19.    City of Parramatta Council’s draft 2020/21 Annual Financial Statements and the Audit Office Draft Interim Management Letter with initial management responses were provided to the ARIC out of session prior to the 30 September 2021 meeting.

 

20.    Responses to questions on the accounts raised by Committee Members were provided by appropriate Council staff and the Audit Office. Clarification was provided for the following:

a.   Transfers between re-valuation surplus and retained earnings;

b.   Reductions due to fee waivers;

c.   Adjustment to reporting for community land and land under roads;

d.   Redundancy provisions; and

e.   Increases in other revenue not previously budgeted.

21.    The rest of the draft Annual Financial Reports were taken as read.

22.    The CEO provided an update on the compulsory acquisition of Horwood Place.

 

23.    The Committee discussed the items listed in the Audit Office Interim Management Letter and associated Management responses.

 

CONSULTATION & TIMING

 

Meeting 26 August 2021

 

Stakeholder Consultation

 

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

 

Date

Stakeholder

Stakeholder Comment

Council Officer Response

Responsibility

24 October 2021

Risk & Audit Manager and Executive Director Corporate Services

No comment

Referred draft minutes to ARIC Chair

Risk & Audit / Corporate Services

Coordinator Internal Audit

11 November 2021

Chairperson of ARIC

 

Approved

Referred approved draft minutes to ARIC

Risk & Audit / Corporate Services

Coordinator Internal Audit

12 November 2021

Audit, Risk and Improvement Committee (ARIC)

 

Independent external member provided feedback.

Feedback incorporated in the minutes.

Risk & Audit / Corporate Services

Coordinator Internal Audit

 

Councillor Consultation

 

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

 

Date

Councillor

Councillor Comment

Council Officer Response

Responsibility

Nil

 

 

 

 

 

Meeting 30 September 2021

 

Stakeholder Consultation

 

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

 

Date

Stakeholder

Stakeholder Comment

Council Officer Response

Responsibility

24 October 2021

Risk & Audit Manager and Executive Director Corporate Services

Manager made minor amendments on draft minutes.

Forwarded revised draft to ARIC Chair for comment.

Risk & Audit / Corporate Services

Coordinator Internal Audit

11 November 2021

Chairperson of ARIC

 

Approved

Forwarded approved final draft to ARIC members.

 

Risk & Audit / Corporate Services

Coordinator Internal Audit

12 November 2021

Audit, Risk and Improvement Committee (ARIC)

 

No feedback received from committee members.

Chairperson approved minutes accepted as final.

Risk & Audit / Corporate Services

Coordinator Internal Audit

 

Councillor Consultation

 

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

 

Date

Councillor

Councillor Comment

Council Officer Response

Responsibility

26 October 2020

Councillor representatives on ARIC

No comment received from councilor representatives.

No further action.

Risk & Audit / Corporate Services

Coordinator Internal Audit

 

LEGAL IMPLICATIONS FOR COUNCIL

 

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

 

FINANCIAL IMPLICATIONS FOR COUNCIL

 

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

 

 

FY 21/22

FY 22/23

FY 23/24

FY 24/25

Revenue

NIL

 

 

 

Internal Revenue

 

 

 

 

External Revenue

 

 

 

 

Total Revenue

 

 

 

 

 

 

 

 

 

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

 

 

 

 

Steven Unkovic

Coordinator Internal Audit

 

Bruce Ferguson

Risk & Audit Manager

 

Fariha Chowdhury

Acting Chief Financial Officer

 

Jillian Khoo

Executive Director Corporate Services

 

Brett Newman

Chief Executive Officer

 

 

 

 

Attachments:

1

ARIC Minutes 26 August 2021

5 Pages

 

2

ARIC Minutes 30 September 2021

2 Pages

 

 

 

REFERENCE MATERIAL

 


Item 12.2 - Attachment 1

ARIC Minutes 26 August 2021

 

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Item 12.2 - Attachment 2

ARIC Minutes 30 September 2021

 

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Council 7 February 2022                                                                                                   Item 12.3

FOR NOTATION

ITEM NUMBER         12.3

SUBJECT                  Minutes of the Access Advisory Committee Minutes held on 19 October 2021

REFERENCE            F2021/00521 - D08386181

REPORT OF              Community Capacity Building Officer, Community Capacity Building        

 

 

csp theme:             Accessible

 

workshop/briefing date:  Nil

 

PURPOSE:

 

The Access Advisory Committee met on 19 October 2021 prior to dissolution of Council and all Advisory Committees. This report provides a precis of the key discussion points for Council’s consideration.

 

RECOMMENDATION

 

That Council note the minutes of the Access Advisory Committee meeting held on 19 October 2021 (Attachment 1).

 

BACKGROUND

 

1.      Council’s Access Advisory Committee meets bi-monthly and met for the last time on 19 October 2021 prior to dissolution of Council. This report provides a summary of the discussion at those meetings.

 

ISSUES/OPTIONS/CONSEQUENCES

 

2.      Council Officer Omar Aboulahaf, Property Programmer, presented on proposed upgrades to Council’s community halls to ensure compliance with the current Australian Access Standards. This included a summary of the feasibility study and the venues and timeline of recommended works. The feasibility study focused on adequate facilities for people with physical disabilities and included bathroom facilities and door widths.

3.      Council Officers Rodrigo Gutierrez, Manager Community Capacity Building and Ramani Regis, Disability Inclusion Action Plan Project Officer, presented an update on the Disability Inclusion Action Plan (DIAP) Renewal Consultation process, including key findings to date and timeline for developing the new DIAP. Current DIAP actions that are behind schedule are to be reviewed and considered for carriage through to the new DIAP, if still relevant. The Committee indicated it would like to see an evaluation of the current DIAP made available to the public. Rodrigo Gutierrez responded that an end of term internal report on the current DIAP has been prepared and it will be shared with the Committee in the near future. The Committee emphasized the importance of receiving input from people with disabilities at the concept stage of developing facilities, the importance of using storytelling to change attitudes, and that an Easy English alternative in communications should always be provided by Council as standard.

 

4.      Dayne Glinkowski, Corporate Strategy Manager, presented an update on the Community Strategic Plan (CSP) and preparation of the new Delivery Program and Operational Plan. Regarding community engagement plans, and not just for the CSP, the Committee suggested that options for verbal submissions and information by phone always be provided, as online and via email only are not sufficient options, particularly for the vision impaired. In relation to the CSP and Delivery Plan content, the Committee asked for provisions regarding Council commitment to countering climate change, given the particular impact of weather extremes on people with disabilities. The Committee reiterated the need to involve people with disability from the concept stage, employ flexibility to support participation, and extended an open invitation to the Corporate Planning team to liaise with the Committee as often needed.

5.      Council Officer Tanya Owen, Community Capacity Building Officer, sought feedback from the Committee on the upcoming International Day of People with Disability Access Advisory Committee project. Tanya Owen sought involvement of Committee Members in the planned social media campaign that aims to raise awareness of the Committee and interest in Membership. John Moxon, Susan Thompson and Scott Green volunteered as campaign subjects.

6.      As the Committee Convenor, Council Officer Tanya Owen thanked Committee Members for their work and contributions over the term of the current Committee. Letters of recognition from the CEO on behalf of Council will be sent to all Committee Members who indicated their interest in receiving this.

7.      Committee Chair, Mark Kunach, noted significant achievements of the Committee for the final meeting, including participation in the development of designs for the Parramatta Aquatic Centre and Ollie Webb Reserve’s all-abilities playground.

 

CONSULTATION & TIMING

 

Stakeholder Consultation

 

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

 

Date

Stakeholder

Stakeholder Comment

Council Officer Response

Responsibility

19/10/2021

Access Advisory Committee

Hall Upgrade Plans: Committee indicated satisfaction with recommended upgrade plans for community halls and asked if funding to support these may be achieved through grants made available through the sale of West Connex.

Noted, and will explore grants options to support delivery.

Property & Place

19/10/2021

Access Advisory Committee

DIAP Renewal: Per details in minutes – Committee emphasised need to consult with people with disabilities from the concept stage in planning/design; the importance of storytelling as tool for changing attitudes; need for Easy English alternative for all Council communications. Committee also asked for a publicly available evaluation of the current DIAP.

An end of term internal report on the current DIAP has been prepared and it will be shared with the Committee in the near future. A standard Easy English alternative for Council communications can be looked at.

Community Capacity Building

19/10/2021

Access Advisory Committee

Community Strategic Plan: Committee recommended options for verbal submissions and information by phone always be provided; provisions regarding Council commitment to countering climate change; and reiterated need to involve people with disability from the concept stage and employ flexibility to support participation.

DIAP consultation opportunities are being provided for people to phone in and this option is also available for the Community Survey and for the Community Strategic Plan. Other suggestions made are noted. There is mention of sustainability and a goal of ‘Green’. Council is looking to strengthen that further to make this more specific.

City Strategy

 

Councillor Consultation

 

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

 

Date

Councillor

Councillor Comment

Council Officer Response

Responsibility

19/10/2021

Clr Phil Bradley

Participation in Committee Meeting

Noted in Meeting Minutes

Corporate Administration

 

LEGAL IMPLICATIONS FOR COUNCIL

 

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

 

FINANCIAL IMPLICATIONS FOR COUNCIL

 

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

 

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

 

 

FY 21/22

FY 22/23

FY 23/24

FY 24/25

Revenue

 

 

 

 

Internal Revenue

 

 

 

 

External Revenue

 

 

 

 

Total Revenue

 

 

 

 

 

 

 

 

 

Funding Source

 

 

 

 

 

 

 

 

 

Operating Result

 

 

 

 

External Costs

 

 

 

 

Internal Costs

 

 

 

 

Depreciation

 

 

 

 

Other

 

 

 

 

Total Operating Result

Nil

Nil

Nil

Nil

 

 

 

 

 

Funding Source

 

 

 

 

 

 

 

 

 

CAPEX

 

 

 

 

CAPEX

 

 

 

 

External

 

 

 

 

Internal

 

 

 

 

Other

 

 

 

 

Total CAPEX

 

 

 

 

 

Tanya Owen

Community Capacity Building Officer, Community Capacity Building

 

Steven Ross

Community Capacity Building Officer - First Peoples Engagement & Strategy

 

Rodrigo Gutierrez

Community Capacity Building Manager

 

Fariha Chowdhury

Acting Chief Financial Officer

 

Jon Greig

Executive Director Community Services

 

Brett Newman

Chief Executive Officer

 

 

 

 

Attachments:

1

Access Advisory Committee Meeting Minutes 19 October 2021

9 Pages

 

 

 

REFERENCE MATERIAL

 


Item 12.3 - Attachment 1

Access Advisory Committee Meeting Minutes 19 October 2021

 

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Council 7 February 2022                                                                                                   Item 12.4

FOR NOTATION

ITEM NUMBER         12.4

SUBJECT                  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 - D08386190

REPORT OF              Group Manager - Development and Traffic Services       

 

CSP THEME:

Accessible

 

PURPOSE:

 

To provide Council with information each quarter on development applications determined where there has been a variation in development standards under Clause 4.6 of the Local Environmental Plans.

 

 

RECOMMENDATION

 

That the report be received and noted.

 

 

BACKGROUND

 

1.      During the reporting period 01 October to 31 December 2021 (Q2), there were (7) Development Applications where there was a variation to a development standard under Clause 4.6. Refer to Attachment 1 for further details.

 

2.      Under Clause 4.6 of the relevant Local Environmental Plan (LEP) applying to the local government area of the City of Parramatta, development consent may be granted for development even though the development would contravene a development standard such as a height and/or floor space ratio standard contained within an LEP.

 

3.      A report is presented to Council each quarter on any development consent issued where the development does not comply with a development standard.  This report follows the reporting requirements prescribed in Planning Circular PS08-014 issued by the (then) NSW Department of Planning.

 

4.      Controls within Development Control Plans (DCPs) are not development standards as a DCP is not an “environmental planning instrument”.

 

ISSUES/OPTIONS/CONSEQUENCE

 

5.      There are no issues, options or consequence for Council associated with this report.

 

CONSULTATION & TIMING

 

6.      There are no consultation and timing considerations for Council associated with this report.

 

Stakeholder Consultation

 

7.      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

 

8.      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

 

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


FINANCIAL IMPLICATIONS FOR COUNCIL

 

10.    There are no financial implications for Council associated with this report.

 

 

FY 20/21

FY 21/22

FY 22/23

FY 23/24

Operating Result

 

 

 

 

External Costs

 

 

 

 

Internal Costs

 

 

 

 

Depreciation

 

 

 

 

Other

 

 

 

 

Total Operating Result

Nil

 

 

 

 

 

 

 

 

Funding Source

NA

 

 

 

 

 

 

 

 

CAPEX

 

 

 

 

CAPEX

 

 

 

 

External

 

 

 

 

Internal

 

 

 

 

Other

 

 

 

 

Total CAPEX

Nil

 

 

 

 

 

 

 

 

Funding Source

NA

 

 

 

 

 

Mark Leotta

Group Manager Development and Traffic Services

 

Fariha Chowdhury

Acting Chief Financial Officer

 

Jennifer Concato

Executive Director City Planning & Design

 

Brett Newman

Chief Executive Officer

 

 

Attachments:

1

Development Applications with variations under SEPP 1 - 01 October - 31 December 2021

7 Pages

 

 

 

 


Item 12.4 - Attachment 1

Development Applications with variations under SEPP 1 - 01 October - 31 December 2021

 

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For Council Decision

 

07 February 2022

 

13.1           Chief Executive Officer Delegations........................................................... 122

 

13.2           Membership of the City of Parramatta Audit Risk and Improvement Committee   129

 

13.3           Local Government NSW Special Conference........................................... 134

 

13.4           12 Grand Avenue Boundary Adjustment (Deferred Item)....................... 139

 

13.5           Classification of Lot 5 DP1238944 as Operational Land (Deferred Item) 154

 

13.6           Post Exhibition - Planning Proposal, Draft Site-Specific Development Control Plan, and Planning Agreement for land at 23-25 Windsor Road, Northmead 158

 

13.7           Post Exhibition - Planning Proposal for land at 64 Victoria Road, North Parramatta.......................................................................................................................... 486

 

13.8           Submissions to DPIE and IPART on the Development Contributions Reform       530


Council 7 February 2022                                                                                                   Item 13.1

FOR COUNCIL DECISION

ITEM NUMBER         13.1

SUBJECT                  Chief Executive Officer Delegations

REFERENCE            F2021/00521 - D08385936

REPORT OF              Governance Manager        

 

 

csp theme:             Fair

 

workshop/briefing date:  Councillor Induction Session: 22 January 2022

 

PURPOSE:

 

The purpose of this report is to provide delegations to the Chief Executive Officer within 12 months of an Ordinary Election, in accordance with Section 380 of the Local Government Act 1993 (the Act).

 

RECOMMENDATION

 

(a)     That pursuant to Section 377 of the Local Government Act 1993, Council delegate to Brett Newman the functions of the General Manager (the Chief Executive Officer) to exercise Council’s powers, functions, duties and authorities contained in legislation and the functions as specified in:

1.      The Local Government Act 1993, the Local Government (General) Regulation 2021 and any other relevant or related subordinate legislation: and

2.      Any other legislation, regulations or other subordinate legislation under which Council has powers, authorities, duties or functions.

 

(b)     That the delegation be subject to:

          1.       Any limitation or restrains under the provisions of the Local Government Act 1993 and any other legislation, regulations or other subordinary legislation relevant to this delegation.

          2.       Any direction, limitations or restrains under any resolution made by Council relating to the exercise of any delegated power, function, duty or authority;

          3.       The General Manager (Chief Executive Officer) must exercise the delegated powers, functions, duties and authorities in accordance with and subject to:

                   A.      The provisions of the Local Government Act 1993, the Local Government (General) Regulation 2021 and any other relevant or related subordinate legislation; and

                   B.      All and every policy adopted by resolution of the Council and current at the time of the exercise of the delegated powers, functions, duties and authorities.

 

(c)     That Council delegate to the Chief Executive Officer the acceptance of tenders to a maximum value of $1,000,000 (incl GST) per tender.

 

(d)     That regular reporting on decisions made under delegation be provided by way of quarterly briefing notes be provided to Councillors reporting on tenders determined under CEO delegation.

 

(e)     That the delegations provided to Brett Newman at the Council Meeting dated 9 September 2019 be revoked as at the date of this resolution.

 

(f)      Further, that Council approve the change to all relevant policies arising from (c) above.

 

BACKGROUND

 

1.      On 9 September 2019, Council resolved to delegate all functions under Section 377 of the Local Government Act 1993 (the Act) to Brett Newman appointed Chief Executive Officer.  At that meeting, Council resolved:

 

(a)     That Council congratulate Brett Newman on his appointment as the Chief Executive Officer of the City of Parramatta Council.

 

(b)     That pursuant to Section 377 of the Local Government Act 1993, Council delegates to Brett Newman from 16 September 2019, the functions of the General Manager (Chief Executive Officer) to exercise Council’s powers, functions, duties and authorities contained in legislation and the functions as specified in:

          1.      The Local Government Act 1993, the Local Government (General) Regulation 2005 and any other relevant or related subordinate legislation: and

          2.      Any other legislation, regulations or other subordinate legislation under which Council has powers, authorities, duties or functions.

 

(c)     That this delegation is subject to the following:

          1.      Any limitations or restraints under the provisions of the Local Government Act 1993 and any other legislation, regulations or other subordinate legislation relevant to this delegation;

          2.      Any direction, limitations or restraints under any resolution made by Council relating to the exercise of any delegated power, function, duty or authority;

          3.      The General Manager (Chief Executive Officer) must exercise the delegated powers, functions, duties and authorities in accordance with and subject to:

                   A.      The provisions of the Local Government Act 1993 the Local Government (General) Regulation 2005 and any other relevant or related subordinate legislation; and

                   B.      All and every policy adopted by resolution of the Council and current at the time of the exercise of the delegated powers, functions, duties and authorities.

 

(c)     Further, that the delegations provided to the Acting Chief Executive Officer, Mr Rik Hart are revoked when Mr Newman commences his appointment on 16 September 2019.

 

2.      In accordance with Section 380 of the Act a Council must review its delegations during the first 12 months of each term of office.

 

3.      This report seeks Council’s approval to review and delegate all functions under Section 377 of the Act, in satisfaction of Section 380 of the Act.

 

ISSUES/OPTIONS/CONSEQUENCES

 

4.      Section 334 of the Act states that Council must appoint a person to be its General Manager (Chief Executive Officer).  The position of the Chief Executive Officer is a senior staff position as defined in the Act.

 

5.      The General Manager of a Council has the following functions (in accordance with Section 335 of the Act):

 

(a)     to conduct the day-to-day management of the council in accordance with the strategic plans, programs, strategies and policies of the council,

(b)     to implement, without undue delay, lawful decisions of the council,

(c)     to advise the mayor and the governing body on the development and implementation of the strategic plans, programs, strategies and policies of the council,

(d)     to advise the mayor and the governing body on the appropriate form of community consultation on the strategic plans, programs, strategies and policies of the council and other matters related to the council,

(e)     to prepare, in consultation with the mayor and the governing body, the council's community strategic plan, community engagement strategy, resourcing strategy, delivery program, operational plan and annual report,

(f)      to ensure that the mayor and other councillors are given timely information and advice and the administrative and professional support necessary to effectively discharge their functions,

(g)     to exercise any of the functions of the council that are delegated by the council to the general manager,

(h)     to appoint staff in accordance with the organisation structure determined under this Chapter and the resources approved by the council,

(i)      to direct and dismiss staff,

(j)      to implement the council's workforce management strategy,

(k)     any other functions that are conferred or imposed on the general manager by or under this or any other Act.

 

General Delegations

 

6.      Section 377 of the Act provides for the general power of the Council to delegate, as follows:

 

(1)     A council may, by resolution, delegate to the general manager or any other person or body (not including another employee of the council) any of the functions of the council under this or any other Act, other than the following:

(a)     the appointment of a general manager,

(b)     the making of a rate,

(c)     a determination under section 549 as to the levying of a rate,

(d)     the making of a charge,

(e)     the fixing of a fee,

(f)      the borrowing of money,

(g)     the voting of money for expenditure on its works, services or operations,

(h)     the compulsory acquisition, purchase, sale, exchange or surrender of any land or other property (but not including the sale of items of plant or equipment),

(i)      the acceptance of tenders to provide services currently provided by members of staff of the council,

(j)      the adoption of an operational plan under section 405,

(k)     the adoption of a financial statement included in an annual financial report,

(l)      a decision to classify or reclassify public land under Division 1 of Part 2 of Chapter 6,

(m)   the fixing of an amount or rate for the carrying out by the council of work on private land,

(n)     the decision to carry out work on private land for an amount that is less than the amount or rate fixed by the council for the carrying out of any such work,

(o)     the review of a determination made by the council, and not by a delegate of the council, of an application for approval or an application that may be reviewed under section 82A of the Environmental Planning and Assessment Act 1979,

(p)     the power of the council to authorise the use of reasonable force for the purpose of gaining entry to premises under section 194,

(q)     a decision under section 356 to contribute money or otherwise grant financial assistance to persons,

(r)      a decision under section 234 to grant leave of absence to the holder of a civic office,

(s)     the making of an application, or the giving of a notice, to the Governor or Minister,

(t)      this power of delegation,

(u)     any function under this or any other Act that is expressly required to be exercised by resolution of the council.

 

(1A)  Despite subsection (1), a council may delegate its functions relating to the granting of financial assistance if:

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

(b)     the program is 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 proportion of all the persons within the council's area.

 

(2)     A council may, by resolution, sub-delegate to the general manager or any other person or body (not including another employee of the council) any function delegated to the council by the Departmental Chief Executive except as provided by the instrument of delegation to the council.

 

(3)     A council may delegate functions to a joint organisation only with the approval, by resolution, of the board of the joint organisation.

 

7.      It is noted that there are no legislative limitations upon a General Manager in the acceptance of tenders other than as specified in section 377(i) of the Act.

 

Current Procurement Guidelines

 

8.      Council’s current Procurement Guidelines (Guidelines) require that all tender reports (being for contracts specified in section 55(1) of the Act of greater than $250,000 (inclusive of GST) or greater than $150,000 (inclusive of GST) for contracts involving the provision of services where those services are, at the time of entering the contract, being provided by employees of Council) are to be reported to Council for approval.

9.      The current Guidelines require that a report be presented to Council and the recommendations of the Tender Evaluation Committee be endorsed by a Council resolution.  This requirement can sometimes add an additional three to four weeks to a tender process.

 

Proposed CEO Tender Delegation

 

10.    A review of the finalised tenders for the 2020 reveals that out of 27 tenders that were completed, 12 were below $1,000,000.  Additionally, a review of the finalised tenders for 2021 reveals that out of the 22 tenders that were completed, 10 were below $1,000,000.

 

11.    Tenders of this value tend to fall into less controversial “business as usual” contracts, e.g. provision of services for major events, provision of services for capital works and infrastructure, selection of after-hours call centre services and the selection of courier services for the Council.

 

12.    Noting paragraph 7 above, there is no legislative limitation upon a General Manager in the acceptance of tenders of any value.  Therefore, it is recommended that Council provide delegation to the CEO to accept tenders up to a maximum value of $1,000,000 (inclusive of GST) per tender.

 

Reporting to Councillors

 

13.    In order to provide regular reporting on decisions made under delegation, it is recommended that quarterly briefing notes be provided to Councillors reporting on tenders determined under CEO delegation.

 

CONSULTATION & TIMING

 

Stakeholder Consultation

 

14.    A number of Councils have embraced the delegation of the acceptance of tenders to the CEO.  In the western region of NSW, Campbelltown, Dubbo and Hawkesbury have delegated the unlimited (with no upper financial limit) acceptance of tenders to their CEO.  Lithgow City Council and Mid-Western Regional Council have adopted more conservative delegation limits of $500,000 and $1,000,000 respectively.  Northern and southern Council regions estimate that around 50% of their member Councils have adopted some form of tender delegation since the legislation changes in 2016.

 

15.    Comparing Councils of similar spend/risk, the City of Newcastle and the City of Canterbury Bankstown both have delegated the acceptance of tenders by their GMs up to a limit of $1,000,000.  It is recommended and deemed suitable that $1,000,000 (inclusive of GST) be delegated to Chief Executive Officer.

 

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

 

Date

Stakeholder

Stakeholder Comment

Council Officer Response

Responsibility

12/1/2022

CEO

Review financial delegations and recommend to Council

Noted

Governance

13/1/2022

Legal – Request to review recommended delegations

Recommendations agreed

Noted

Legal

 

Councillor Consultation

 

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

 

Date

Councillor

Councillor Comment

Council Officer Response

Responsibility

22/1/2022

All Councillors – Councillor Induction Session

None as at the time of writing this report.

NA

Governance

 

LEGAL IMPLICATIONS FOR COUNCIL

 

18.    Council is required to review the delegations to the CEO within 12 months after an Ordinary Election.  This report satisfies the requirement outlined in Section 380 of the Act.

 

 

FINANCIAL IMPLICATIONS FOR COUNCIL

 

19.    There are no budgetary implications for Council arising out of this report.  The cost to prepare the report has been provided for within existing staff resources.

 

 

FY 21/22

FY 22/23

FY 23/24

FY 24/25

Revenue

 

 

 

 

Internal Revenue

 

 

 

 

External Revenue

 

 

 

 

Total Revenue

Nil

 

 

 

 

 

 

 

 

Funding Source

 

 

 

 

 

 

 

 

 

Operating Result

 

 

 

 

External Costs

 

 

 

 

Internal Costs

 

 

 

 

Depreciation

 

 

 

 

Other

 

 

 

 

Total Operating Result

Nil

 

 

 

 

 

 

 

 

Funding Source

 

 

 

 

 

 

 

 

 

CAPEX

 

 

 

 

CAPEX

 

 

 

 

External

 

 

 

 

Internal

 

 

 

 

Other

 

 

 

 

Total CAPEX

Nil

 

 

 

 

Patricia Krzeminski

Governance Manager

 

Fariha Chowdhury

Acting Chief Financial Officer

 

Maureen Ip

Group Manager Legal Services

 

Jillian Khoo

Executive Director Corporate Services

 

Brett Newman

Chief Executive Officer

 

 

 

 

Attachments:

 

 

REFERENCE MATERIAL


Council 7 February 2022                                                                                                   Item 13.2

FOR COUNCIL DECISION

ITEM NUMBER         13.2

SUBJECT                  Membership of the City of Parramatta Audit Risk and Improvement Committee

REFERENCE            F2021/00521 - D08386176

REPORT OF              Coordinator Internal Audit        

 

 

 

csp theme:             Fair

 

PURPOSE:

 

The purpose of this report is to establish the membership for the City of Parramatta Audit Risk and Improvement Committee (the Committee) as per the Audit Risk and Improvement Committee Charter (the Charter) for the next three-year term.

 

RECOMMENDATION

 

(a)     That Council thank outgoing members Mark McCoy and Donna Rygate for their commitment to the Committee over the last 2 terms of the Committee.

 

(b)     That Council approves Dr Col Gellatly AO to continue as independent external member on the Committee for a second term of three years commencing 1 March 2022.

 

(c)     That Council approve David Pendleton and Jessie Jo as the new independent external members to the Committee for a term of three years, commencing 1 March 2022.

(d)     Further, that Council approves Dr Col Gellatly AO be appointed as Chair of the Committee commencing 1 March 2022.

 

BACKGROUND

 

1.      The current membership of the Committee comprises three independent external members and two 2 Councillors (excluding the Lord Mayor).

2.      An independent member can be appointed for a term of three years and should not serve for more than two terms.

 

3.      The current independent members are Dr Col Gellatly, Donna Rygate and Mark McCoy.

 

ISSUES/OPTIONS/CONSEQUENCES

 

4.      Donna Rygate and Mark McCoy have served on the Committee for two terms and, in accordance with the Charter are no longer able to continue as independent members after their second term finishes on 28 February 2022. Council will formally thank Donna Rygate and Mark McCoy for their service on the Committee for the last two terms. 

 

5.      Current member Dr Col Gellatly finishes his first term on the Committee on 28 February 2022 and is eligible to be engaged for a second term.

 

6.      The Charter provides that an independent external member can be appointed by either selecting from individuals listed on the NSW Government’s – Prequalified Scheme, Audit and Risk Committee Independent Chairs and Members or through an expression of interest.

7.      Councils currently do not have access to the NSW Government’s – Prequalified Scheme and accordingly selection was based on the expressions of interest received.

 

8.      Current member Dr Col Gellatly is eligible for a second term on the Committee. Dr Col Gellatly has conducted himself very professionally in his committee role and has made a significant contribution in providing independent assurance and assistance to the Council in maintaining an effective risk, control and compliance framework.

 

9.      Accordingly, it is recommended that engagement of Dr Col Gellatly be extended for a second three-year term from 1 March 2022. 

 

10.    In selecting two independent external members for the Committee the Charter provides that Council convenes a committee responsible for coordinating the selection process, conducting interviews and recommending preferred candidates.

 

11.    In accordance with the Charter the selection committee comprised Brett Newman (CEO), Jillian Khoo (Executive Director Corporate Services), Michelle Garrard (former Deputy Lord Mayor) and Sameer Pandey (Councillor).

 

12.    Applications were assessed with the aim of achieving an overall mix of skills and experience on the Committee. The criteria used when assessing applications was:

a.   Relevant professional qualifications

b.   Relevant professional knowledge and expertise

c.   Understanding of / experience in local government

d.   Understanding of the role of corporate governance in organisations

e.   Current / prior experience on similar committees

 

13.    Applicants who were shortlisted during the assessment were interviewed by the selection committee on 8 November 2021. The selection committee identified the following as strong candidates for the independent external member roles:

a.   David Pendleton displayed a depth of experience in a broad range of related disciplines which the panel thought would be of significant benefit to the ARIC and, by extension, Council. He served as Chief Operating Officer and Chief Financial Officer of the Australian Broadcasting Commission (ABC) for 13 years. He has also had senior audit roles with the ABC and the Roads and Traffic Authority (RTA). His current directorships include Independent Chair (Wodonga City Council Audit Committee), Independent Member (Australian Energy Market Commission - Audit and Risk Committee) and Director - The Helmsman Project (Chair Finance and Audit Committee).

b.   Jesse Jo displayed a solid understanding of the role of the ARIC and provided examples of his participation on several Council ARICs. Subsequent discussion with Blacktown and Blue Mountains Councils indicated that Jesse was considered an engaged and enthusiastic ARIC member driving to improve outcomes in a collaborative manner. He has had senior risk, audit and governance roles with Sydney Trains, NSW Treasury, NSW Health Services, Transport for NSW and Roads and Maritime Services. His is currently Independent Chair (Blue Mountains City Council Audit Risk and Improvement Committee).

14.    Accordingly, the Selection Committee have recommended that David Pendleton and Jesse Jo be appointed to the two vacant independent external member roles in the Committee for a three-year term commencing on 1 March 2022.

15.    While it is recommended that Dr Col Gellatly AO be appointed as Chair of the Committee commencing 1 March 2022, it is intended to rotate the role of Chair to another independent committee member during the 3-year tenure of the Committee to promote continuity as Dr Gellatly will not be eligible for reappointment at the end of this term.

 

CONSULTATION & TIMING

 

16.    In accordance with the Charter the selection committee comprised Brett Newman (CEO), Jillian Khoo (Executive Director Corporate Services), Michelle Garrard (Deputy Lord Mayor) and Sameer Pandey (Councillor). The selection committee interviewed shortlisted candidates on 8 November 2021 and recommended that David Pendleton and Jesse Jo be appointed as the two vacant independent external member roles in the Committee.

 

Stakeholder Consultation

 

17.    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

 

18.    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

 

19.    There are no legal implications associated with this report

 

FINANCIAL IMPLICATIONS FOR COUNCIL

 

20.    Appropriately qualified representatives should be reasonably compensated for being active independent members of the Audit and Risk Committee

21.    The total cost of member fees for the 3-year tenure of the Committee is $125,520 (GST excluded). This has been budgeted for in:

Governance & Risk – Audit Other Services: GL-10-400100-000-640201

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

 

 

FY 21/22

FY 22/23

FY 23/24

FY 24/25

Revenue

 

 

 

 

Internal Revenue

 

 

 

 

External Revenue

 

 

 

 

Total Revenue

 

 

 

 

 

 

 

 

 

Funding Source

 

 

 

 

 

 

 

 

 

Operating Result

 

 

 

 

External Costs

 

 

 

 

Internal Costs

 

 

 

 

Depreciation

 

 

 

 

Other

 

 

 

 

Total Operating Result

NIL

NIL

NIL

NIL

 

 

 

 

 

Funding Source

 

 

 

 

 

 

 

 

 

CAPEX

 

 

 

 

CAPEX

 

 

 

 

External

 

 

 

 

Internal

 

 

 

 

Other

 

 

 

 

Total CAPEX

NIL

NIL

NIL

NIL

 

Steven Unkovic

Coordinator Internal Audit

 

Bruce Ferguson

Risk & Audit Manager

 

Fariha Chowdhury

Acting Chief Financial Officer

 

Jillian Khoo

Executive Director Corporate Services

 

Brett Newman

Chief Executive Officer

 

 

 

 

Attachments:

 

 

REFERENCE MATERIAL

 


Council 7 February 2022                                                                                                   Item 13.3

FOR COUNCIL DECISION

ITEM NUMBER         13.3

SUBJECT                  Local Government NSW Special Conference

REFERENCE            F2021/02778 - D08386008

REPORT OF              Executive Officer        

 

 

csp theme:             Fair

 

workshop/briefing date:  Nil

 

PURPOSE:

 

The purpose of this report is to seek the appointment of up to 10 Councillors as the voting delegates to the Local Government NSW Special Conference on 28 February – 2 March, 2022.

 

RECOMMENDATION

 

(a)     That Council nominate up to ten (10) Councillors, including the Lord Mayor, to be Council’s Voting Delegates for Motions at the Local Government NSW (LGNSW) Special Conference.

 

(b)     Further, that Council note the following Motions have been submitted to LGNSW to consider for inclusion in the Special Conference Business Paper, included for reference in Attachment 1:

1       Prevention of Aboriginal Deaths in Custody

2       Ban Property Developers from running for Council.

 

BACKGROUND

 

1.      Due to the postponement of the 2021 local government elections, Local Government NSW (LGNSW) made the decision to split the 2021 LGNSW Annual Conference into two components, being:

a.      A one-hour Annual Conference for the adoption of standing orders, along with reports from the President and Treasurer, which took place on Monday 29 November 2021 in an online format; and

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

 

2.      The Conference is the annual policy making event for NSW general purpose councils and associate members. It is the pre-eminent annual event for the local government sector where local councillors share ideas and debate motions put forward for consideration by delegates.

 

3.      Member councils are invited each year to submit motions for possible debate at the Conference, with the following motions submitted to LGNSW by City of Parramatta Council, included for reference at Attachment 1.

a.      Prevention of Aboriginal Deaths in Custody

b.      Ban Property Developers from running for Council

 

ISSUES/OPTIONS/CONSEQUENCES

 

4.      The deadline to provide LGNSW with the name(s) of nominated voting delegates is 5pm (AEDT) on Thursday 17 February 2022, to enable councils to confirm delegates following the 2021 local government elections.

 

5.      The formula for calculating Member Councils’ voting entitlements is prescribed at rule 23 of the LGNSW (Federal) rules, with City of Parramatta Council entitled to ten (10) voting delegates for Conference Business.

 

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

 

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

10/8/2021

Cr Linda Scott, former LGNSW President

Official notification to Councils of new truncated delivery format for 2021 LGNSW Annual Conference

Circulated to all Councillors

Lord Mayor and Councillor Support Unit

 

Councillor Consultation

 

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

 

Date

Councillor

Councillor Comment

Council Officer Response

Responsibility

11/1/2022

All Councillors

Notification of Conference dates inviting Councillors to advise of their interest to attend

NA

Lord Mayor and Councillor Support Unit

19/1/2022

All Councillors

Notification to Councillors of upcoming Council Report to seek voting delegates

NA

Lord Mayor and Councillor Support Unit

 

 

 

LEGAL IMPLICATIONS FOR COUNCIL

 

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

 

FINANCIAL IMPLICATIONS FOR COUNCIL

 

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

 

11.    Costs associated with the registration and participation of Councillors are provided for within the adopted Council Support 2021/22 operating budget, in line with the provisions of the Councillors Expenses and Facilities Policy.

 

Bronwyn Pullen

Executive Officer

 

Justin Mulder

Chief of Staff

 

Fariha Chowdhury

Acting Chief Financial Officer

 

Brett Newman

Chief Executive Officer

 

 

 

 

Attachments:

1

City of Parramatta Motions for LGNSW Special Conference

2 Pages

 

 

 

REFERENCE MATERIAL

 


Item 13.3 - Attachment 1

City of Parramatta Motions for LGNSW Special Conference

 

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Council 7 February 2022                                                                                                   Item 13.4

FOR COUNCIL DECISION

ITEM NUMBER         13.4

SUBJECT                  12 Grand Avenue Boundary Adjustment (Deferred Item)

REFERENCE            DA/671/2020 - D08386010

REPORT OF              Property Officer        

 

 

csp theme:             Fair

 

workshop/briefing date:  Nil

 

This matter was deferred from the Council Meeting of 22 November 2021 for the consideration of the new term of Council.

 

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. This is a result of the tram/train tracks which historically operated along Grand Avenue. 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

 

Fariha Chowdhury

Acting Chief Financial Officer

 

Maureen Ip

Group Manager Legal Services

 

Bryan Hynes

Executive Director Property & Place

 

Brett Newman

Chief Executive Officer

 

 

 

 

Attachments:

1

Map identifying land swap

1 Page

 

2

Approved DA conditions

10 Pages

 

 

 

REFERENCE MATERIAL

 


Item 13.4 - Attachment 1

Map identifying land swap

 


Item 13.4 - Attachment 2

Approved DA conditions

 

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Council 7 February 2022                                                                                                   Item 13.5

FOR COUNCIL DECISION

ITEM NUMBER         13.5

SUBJECT                  Classification of Lot 5 DP1238944 as Operational Land (Deferred Item)

REFERENCE            DA/961/2015 - D08386009

REPORT OF              Manager Property Plan & Program        

 

 

csp theme:             Fair

 

workshop/briefing date:  Nil

 

This matter was deferred from the Council Meeting of 22 November 2021 for the consideration by the new term of Council.

 

PURPOSE:

 

To classify Lot 5 DP1238944 (Attachment 1), as Operational.

 

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 was required to be transferred to Council upon completion of the embellishment works.

 

ISSUES/OPTIONS/CONSEQUENCES

 

3.      A road link is required to be excised from the park at some future 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.      Lot 5 DP1238944 was transferred to Council on 10 December 2021.

 

10.    Section 31 of the Local Government Act allows for Council to resolve to classify the land within 3 months of the land being transferred to Council.

 

11.    As Council did not resolve to classify Lot 5 as Operational prior to it being transferred to Council, Council is required to advertise the proposal for 28 days to classify the land as Operational.

 

12.    The advertising commenced on 21 December 2021 and was finalised on 18 January 2022.  The advertising was done in accordance with section 34 of the Local Government Act.  No submissions were received.

 

FINANCIAL IMPLICATIONS FOR COUNCIL

 

13.    All costs associated with the transfer were borne by the Applicant and was at no expense to Council.

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

 

15.    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

Property Plan & Program Manager

 

Robert Ramsbottom

Group Manager Property, Security, Assets & Services

 

Maureen Ip

Group Manager Legal Services

 

Fariha Chowdhury

Acting Chief Financial Officer

 

Bryan Hynes

Executive Director Property & Place

 

Brett Newman

Chief Executive Officer

 

 

 

 

Attachments:

1

Copy of DP1238944

1 Page

 

 

 

REFERENCE MATERIAL

 


Item 13.5 - Attachment 1

Copy of DP1238944

 

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Council 7 February 2022                                                                                                   Item 13.6

FOR COUNCIL DECISION

ITEM NUMBER         13.6

SUBJECT                  Post Exhibition - Planning Proposal, Draft Site-Specific Development Control Plan, and Planning Agreement for land at 23-25 Windsor Road, Northmead

REFERENCE            F2021/00521 - D08385873

APPLICANT/S           Hamptons Property Services Pty Ltd

OWNERS                    Owners Corporation of Strata Plan 47006

REPORT OF              Project Officer Land Use Planning

 

Development applications considered by Sydney central city planning panel     Nil

 

CSP THEME:             Innovative

 

PURPOSE

 

To detail submissions received during the public exhibition of a Planning Proposal, draft site-specific Development Control Plan (DCP) and draft Planning Agreement for 23-25 Windsor Road, Northmead, and respond to issues raised. The report recommends that Council approve the Planning Proposal to be forwarded to the Department of Planning, Industry and Environment (DPIE) for finalisation, and approve for finalisation the site-specific DCP and Planning Agreement.

 

RECOMMENDATION

 

(a)     That Council receives and notes the submissions (summarised in Attachment 2) made during the public exhibition of the Planning Proposal, draft site-specific Development Control Plan (DCP) and draft Planning Agreement for 23-25 Windsor Road, Northmead.

 

(b)     That Council approve for finalisation the Planning Proposal for land at 23-25 Windsor Road, Northmead (provided at Attachment 3), which seeks to amend Parramatta (formerly The Hills) Local Environmental Plan (LEP) 2012 as follows:

i)       Amend the Maximum Floor Space Ratio (FSR) control that applies to the R4 High Density Residential zoned land from no FSR to 1.8:1.

ii)      Amend the Maximum Building Height (HOB) control that applies to the R4 High Density Residential zoned land from 16 metres (5 storeys) to 30 metres (9 storeys).

 

(c)     That Council approve the site-specific DCP at Attachment 5 for finalisation and insertion into The Hills Development Control Plan (DCP) 2012.

 

(d)     That Council delegate authority to the Chief Executive Officer to finalise the draft Planning Agreement at Attachment 4, and to sign the Planning Agreement on behalf of Council.

 

(e)     That Council authorise the Chief Executive Officer to exercise the plan-making delegations as granted by the Gateway Determination for this Planning Proposal once the Planning Agreement has been executed by Council.

 

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

 

(g)     Further, that Council note the Local Planning Panel considered and endorsed the Planning Proposal, draft DCP and draft Planning Agreement at its meeting on 16 November 2021 and recommended that Council approve the site-specific DCP for finalisation and insertion into The Hills Development Control Plan (DCP) 2012, subject to refinement of landscaping controls.

 

PLANNING PROPOSAL TIMELINE

 

 

SITE DESCRIPTION

 

1.      The site at 23-25 Windsor Road, Northmead is subject to the Parramatta (formerly The Hills) Local Environmental Plan (LEP) 2012, is 1.43 hectares (14,300sqm) in total area and contains four industrial buildings with approximately 35 tenancies. The site is shown below in Figure 1.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Figure 1 – Subject site

 

2.      The site is currently zoned R4 High Density Residential. The light industrial uses on the site currently operate under “existing use rights”. The site also includes 380sqm of SP2 Infrastructure zoned land along the Windsor Road frontage, which is excluded from any Gross Floor Area (GFA) calculation. Therefore, the developable land area for the subject site is 13,920sqm (1.392 hectares).

 

BACKGROUND

 

3.      On 20 August 2019, the Local Planning Panel provided advice consistent with Council officer’s recommendation to Council recommending it endorse a Planning Proposal for the site with a maximum floor space ratio of 1.8:1 and a maximum height control of 30m (9 storeys).

 

4.      At its meeting on 9 September 2019, Council resolved to endorse the Planning Proposal for the purpose of requesting a Gateway Determination and to amend the height of buildings and floor space ratio controls consistent with the recommendation of the Council Officers and Local Planning Panel from the 20 August 2019 LPP meeting. Council also resolved to prepare a draft Development Control Plan and draft Planning Agreement to be exhibited with the Planning Proposal. A more detailed summary of the Planning Proposal is provided in the following section of this report.

 

5.      On 8 November 2019, the Department of Planning, Industry and Environment issued a Gateway determination with an expiry date of 8 November 2020 which allowed the Planning Proposal to proceed to public exhibition. The Gateway Determination authorises Council’s Chief Executive Officer to exercise the plan-making delegations for this Planning Proposal.

 

6.      On 10 May 2021, Council resolved to endorse the draft site-specific Development Control Plan for the site and authorised the commencement of the legal drafting of the Planning Agreement. Council also resolved that the draft DCP and draft Planning Agreement be placed on exhibition concurrently with the Planning Proposal.

 

7.      The Planning Proposal, draft site specific DCP and Planning Agreement were publicly exhibited from 26 August 2021 to 23 September 2021. This report addresses the outcomes of that exhibition and makes recommendations for progressing the matter.

 

8.      On 29 September 2021, the Department of Planning, Industry and Environment issued a revised Gateway determination stating the timeframe for completing the LEP is 31 March 2022.

 

PLANNING PROPOSAL

 

9.      The Planning Proposal seeks to amend the planning controls in the Parramatta (formerly The Hills) Local Environmental Plan (LEP) 2012 for 23-25 Windsor Road, Northmead as shown below in Table 1.

 

Table 1 – Current and Recommended Controls

 

The Hills LEP 2012

Current Controls

Planning Proposal Recommendation

Zoning

R4 High Density Residential, part SP2 Infrastructure

R4 High Density Residential, part SP2 Infrastructure

Maximum HOB

16 metres (5 storeys)

30 metres (9 storeys)

Maximum FSR

N/A

1.8:1

Maximum GFA

20,880sqm

25,056sqm

Maximum Dwelling yield Council Calculation= (Maximum GFA / 85sqm for high density dwellings)

270 dwellings (Applicant’s PP report)

 

246 (Council calculation)

308 dwellings (Applicant’s reference scheme)

294 dwellings (Council calculation) with Council assuming a unit size of 85sqm.

The applicant assumed a smaller unit size at 80sqm

Developable Land Area

13,920sqm (1.392 hectares)

13,920sqm (1.392 hectares)

 

10.    The Local Planning Panel report at Attachment 1 includes a DCP and concept design showing potential built form which seek to guide the future development consistent with the objectives of the planning proposal.

 

LOCAL PLANNING PANEL OUTCOMES

 

11.    On 16 November 2021, the Local Planning Panel provided advice on the exhibition outcomes of the Planning Proposal and draft site-specific DCP. The LPP recommended Council approve the Planning Proposal and site-specific DCP for finalisation subject to refinement of the landscaping controls to require improved landscape outcomes, by requiring a minimum landscape setback to the northern boundary and compliance with the Parramatta DCP 2011 controls.

 

12.    As a result of the Panel’s comments regarding a minimum landscape setback on the northern boundary Council officers recommend a minor amendment to the exhibited DCP to allow for a 1m setback for a landscape buffer on the northern boundary of the site. A setback of this nature is in keeping with the existing landscaping setbacks for driveways in the current Parramatta DCP 2011.

 

13.    Notwithstanding, access to the site must remain at the most northern point of Windsor Road for road safety reasons, therefore the driveway will dogleg slightly to the south to maintain this access requirement and provide an increased setback from the northern boundary to the driveway. In order to facilitate this change, the proposed shared path width through the site must reduce from 3m to 2.7m, and the width of the proposed parking bays must reduce from 2.5m to 2.3m. These changes will not reduce the functionality of the shared path or parking bays and will allow for the 1m setback to the north. See Figures 2 and 3 below.

 

14.    In order to address the minimum landscape setback recommendation, the following control is proposed to be included in the DCP along with the amended diagram: “A minimum setback of 1m is required between the northern boundary and the driveway to allow for landscaping while still maintaining site access at the northern most point of the site off Windsor Road”

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Figure 2 – Northern Boundary Setback facilitating 1m landscaping 

 

 


 

 

 

 

 

 

 

 

 

 

 

 

 

 

Figure 3 – Accessway and driveway facilitating 1m landscape setback   

 

 

 


SUMMARY OF PUBLIC EXHIBITION

 

 

15.    A total of seventeen (17) submissions were received comprising fourteen (14) from the community and three (3) from public agencies and other organisations (details are provided in Attachment 2). All fourteen (14) community submissions objected to the proposal, and the agency submissions neither stated objection nor support. Refer to the Local Planning Panel report at Attachment 1 for full details of the consultation undertaken for this exhibition.

 

16.    A number of submissions received during the public exhibition period raised concerns regarding the proposed amendments, with the key issues relating to building heights and amenity, traffic, pedestrian safety, and landscaping. Refer to the Local Planning Panel report at Attachment 1 for further details on the key issues raised and Council officer responses and recommendations. A table of all concerns raised and Council officer responses is provided at Attachment 2.

 

17.    The majority of matters raised in submissions have been addressed without the need to make further changes to the publicly exhibited documents, however a minor addition is recommended to be made to the draft DCP following the submission received by the Office of Environment, Energy and Science (EES). This submission requested the addition of further DCP controls relating to landscaping and deep soil requirements above those already contained in the exhibited draft DCP. Council officers consider that these matters are too detailed to be individually articulated in the DCP and can be addressed as part of the development application (DA) assessment process. However, landscaping and deep soil provision is an important element of a development of this nature and it is therefore recommended that the following provision be introduced to ensure landscaping and deep soil issues are fully considered at the DA stage: “A report is to be submitted by a suitably qualified ecologist at DA stage demonstrating that there are no adverse impacts from the development.”

 

18.    This change, and the amendment to the DCP regarding the landscaped buffer to the north of the site (as seen in Attachment 5) as suggested by the Local Planning Panel, are the only changes to the exhibited documents recommended following the public exhibition period.

 

PLANNING AGREEMENT

 

19.    The draft Planning Agreement was exhibited concurrently with the Planning Proposal and draft site-specific DCP and has a total value of $2,898,000. The Planning Agreement will deliver a 3m wide shared pathway along the eastern boundary at the rear of the site, a 3m wide shared pathway adjacent to the new access road and buildings, a monetary contribution toward affordable housing and outdoor fitness equipment in Speers Road Reserve. Further details about the Planning Agreement can be seen in the LPP report at Attachment 1 and the draft Planning Agreement at Attachment 4.

 

20.    As part of the exhibition, submissions were received raising concerns in relation to further community consultation being required to consider the best options for redevelopment of recreational spaces which are being facilitated through the Planning Agreement, and how many affordable housing units would be facilitated in the development through the Planning Agreement. All issues raised and Officer responses are included in the Submissions Table at Attachment 2 to this report.

 

21.    The items included in the Planning Agreement have been considered in consultation with Council’s Social Outcomes and Open Space Teams who have confirmed that the items included in the Planning Agreement serve an identified need and are consistent with Council’s adopted Community Infrastructure Strategy. Therefore, no changes are recommended by Council officers as a result of the submissions made as a result of the public exhibition.

 

CONSULTATION AND TIMING

 

22.    As noted above, the Planning Proposal, draft site-specific DCP and draft Planning Agreement were subject to public and agency consultation. Further details on consultation can be found in the LPP report at Attachment 1 and the Submissions Table at Attachment 2.

 

LEGAL IMPLICATIONS FOR COUNCIL

 

23.    The legal implications associated with this report relate to the Planning Agreement that is proposed to be entered into between Council and the developer. Council’s legal team were assisted by an external legal expert in the drafting of the Planning Agreement and ensuring that the agreement was satisfactory to both parties for the purposes of public exhibition.

 

FINANCIAL IMPLICATIONS FOR COUNCIL

 

24.    Any work to progress the finalisation of the Planning Proposal would be prepared by Council Officers and accommodated within the existing City Planning and Design budget. Should this matter progress, a Planning Agreement to the value of $2,898,000 will be entered into between the applicant and Council. Further, at development application stage, development contributions in keeping with the current rates will be applied to the development. The contribution will be comprised of cash, affordable housing, outdoor fitness equipment in Speers Road Reserve and works-in-kind for two 3-metre shared pathways to improve connectivity through the site and surrounding area.

 

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

Nil

Nil

Nil

Nil

Internal Revenue

Nil

Nil

Nil

Nil

External Revenue

Nil

Nil

Nil

$2,898,000

Total Revenue

Nil

Nil

Nil

$2,898,000

 

 

 

 

Funding Source

Nil

Nil

Nil

Nil

 

 

 

 

 

Operating Result

Nil

Nil

Nil

Nil

External Costs

Nil

Nil

Nil

Nil

Internal Costs

Nil

Nil

Nil

Nil

Depreciation

Nil

Nil

Nil

Nil

Other

Nil

Nil

Nil

Nil

Total Operating Result

Nil

Nil

Nil

Nil

 

 

 

 

 

Funding Source

Nil

Nil

Nil

Nil

 

 

 

 

 

CAPEX

Nil

Nil

Nil

Nil

CAPEX

Nil

Nil

Nil

Nil

External

Nil

Nil

Nil

Nil

Internal

Nil

Nil

Nil

Nil

Other

Nil

Nil

Nil

Nil

Total CAPEX

Nil

Nil

Nil

Nil

 

CONCLUSION AND NEXT STEPS

 

26.    It is recommended that Council endorse the DCP and Planning Agreement for 23-25 Windsor Road, Northmead for finalization.

 

27.    It is recommended that Council approve the Planning Proposal for 23-25 Windsor Road, Northmead as exhibited and for Council to exercise its plan-making delegations as granted by the Gateway Determination and work with Parliamentary Counsel Office on the legal drafting and mapping of the amendment. The LEP amendment will then be signed by the CEO before being notified on the NSW Legislation website.

Rafael Morrissey

Project Officer Land Use

 

David Birds

Group Manager, Major Projects and Precincts

 

Fariha Chowdhury

Acting Chief Financial Officer

 

Maureen Ip

Group Manager Legal Services

 

Jennifer Concato

Executive Director City Planning and Design

 

Brett Newman

Chief Executive Officer

 

 

 

 

Attachments:

1

LPP Minutes & Report - 16 November 2021

196 Pages

 

2

Submissions Table

19 Pages

 

3

Planning Proposal

48 Pages

 

4

Draft Planning Agreement

43 Pages

 

5

Draft Site-Specific DCP

14 Pages

 

 

 

REFERENCE MATERIAL

 


Item 13.6 - Attachment 1

LPP Minutes & Report - 16 November 2021

 

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Item 13.6 - Attachment 2

Submissions Table

 

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Item 13.6 - Attachment 3

Planning Proposal

 

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Item 13.6 - Attachment 4

Draft Planning Agreement

 

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Item 13.6 - Attachment 5

Draft Site-Specific DCP

 

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Council 7 February 2022                                                                                                   Item 13.7

FOR COUNCIL DECISION

ITEM NUMBER         13.7

SUBJECT                  Post Exhibition - Planning Proposal for land at 64 Victoria Road, North Parramatta

REFERENCE            F2022/00105 - D08385892

REPORT OF              Project Officer       

 

 

LANDOWNER          DDC Planning

 

APPLICANT             Thi Thu Thuy Nguyen       

 

development applications considered by sydney central city planning panel  Nil

 

csp theme:             Innovative

 

workshop/briefing date:  31 January 2022

 

PURPOSE:

 

To detail submissions received during the public exhibition of a Planning Proposal relating to land at 64 Victoria Road, North Parramatta. The report seeks Council’s approval to finalise this matter and to authorise the Chief Executive Officer to exercise plan-making delegations issued by the Department of Planning, Industry and Environment (DPIE) to make the Local Environmental Plan (LEP) amendment.

 

RECOMMENDATION

 

(a)     That Council receives and notes the submissions made during the public exhibition of the Planning Proposal for 64 Victoria Road, North Parramatta.

 

(b)     That Council approve the Planning Proposal (at Attachment 2) for land at 64 Victoria Road, North Parramatta for finalisation that seeks to amend Schedule 1 of the Parramatta Local Environmental Plan 2011 (PLEP 2011) to allow ‘take away food and drink premises’ as an additional permitted use (limited to a maximum gross floor area of 100m2).

 

(c)     That Council authorise the Chief Executive Officer to exercise the plan-making delegations as granted by the Gateway Determination for this Planning Proposal.

 

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

 

(e)     Further, that Council note the Local Planning Panel considered and endorsed the Planning Proposal at its meeting on 16 November 2021 and recommended that Council approve the planning proposal.

 

 

PLANNING PROPOSAL TIMELINE

THE SITE

 

1.     The site is located at 64 Victoria Road, North Parramatta and has an area of approximately 495 square metres (refer to Figure 1 below). The site is currently used as a patisserie shop (front of the building) and a single room residence (rear of the building).

 

Figure 1: 64 Victoria Road, North Parramatta site location.

BACKGROUND

 

2.      On 26 August 2020, Council received a planning proposal application relating to land at 64 Victoria Road, North Parramatta, known as Lot 1 DP662142. The planning proposal seeks to amend Schedule 1 Additional Permitted Uses of the Parramatta LEP 2011 by formalising the use of part of the site as a ‘take away food and drink premises’ (limited to a maximum gross floor area of 95.45m2). The planning proposal seeks to limit the floor area of any ‘take away food and drink premises’ to 95.45m2 specifically (being the front / south-facing section of the building with frontage to Victoria Road, currently used as a patisserie). The owner is seeking to continue to use this section of the existing building as a patisserie (subject to a new development application) for this purpose, while the rear section shall remain used as a residence (Figure 2 below). It is considered reasonable for the purposes of inclusion in the LEP clause for the limit on this amount of floorspace on the site to be rounded up to 100m2.

 

 

Figure 2: Floor plan for 64 Victoria Road, North Parramatta

 

3.      The need for the planning proposal arises from a Land and Environment Court

Order from July 2020 relating to ‘existing use rights’ provisions under the

Environmental Planning and Assessment Act 1979 (EP&A Act). This

determined that the food and drink premises operating on the site no longer benefits from ‘existing use rights’ despite previous approvals for the site to be used as a pizza shop (DA/757/2007) and as a seafood shop (DA/757/2007/A). This came about due to a failure to ‘activate’ a previous development consent for a pizza shop in 2007 via a Construction Certificate or Occupation Certificate. Therefore, it was determined that the use has not legally commenced irrespective of its ongoing operation on the site and the consent has lapsed. The Order required a Planning Proposal to be lodged to legitimise the use under the existing zoning regime and for a new development application to be lodged to enable the use to be formally approved.

 

4.      The planning proposal will enable the current use of the site and minor changes

of use that fit within the food and drink premises definition. Other retail uses, i.e.

other types of shops, would not be permitted in this case. This will allow

continuation of the existing patisserie use (subject to a new development application) without opening it to a broader range of uses that are not consistent with the site’s underlying zoning.

 

5.      On 22 March 2021, Council considered a report for land at 64 Victoria Road, North Parramatta and resolved to forward the Planning Proposal to the Department of Planning, Industry and Environment (DPIE) for a Gateway Determination to amend the PLEP 2011 as follows:

 

Amend Schedule 1 of the Parramatta Local Environmental Plan 2011 (PLEP 2011) to allow ‘take away food and drink premises’ as an additional permitted use (limited to a maximum gross floor area of 100m2).

 

6.      A Gateway Determination was issued by the DPIE on 19 May 2021 (provided at Attachment 3). The DPIE has authorised Council as the local plan-making authority which means that Council officers will deal directly with the Parliamentary Counsel Office on the legal drafting and mapping of the amendment. The LEP amendment will then be signed by the CEO before being notified on the NSW Legislation website.

 

7.      The draft documents were publicly exhibited for 28 days from 14 July 2021 to 11 August 2021 as required by the Gateway Determination. A summary of the consultation is contained within this report, with full details provided in the Local Planning Panel (LPP) report of 16 November 2021 (Attachment 1).  

 

8.      A copy of the Planning Proposal is provided at Attachment 2 for finalisation.

 

9.      The DPIE has advised of an alteration of the Gateway Determination for this planning proposal (Attachment 4) requiring that:

a.   The planning proposal must be reported to Council for final consideration by 21 February 2022.

b.   The timeframe for completing the LEP is 19 May 2022.

 

LOCAL PLANNING PANEL OUTCOMES

 

10.    The Local Planning Panel considered this Planning Proposal at its meeting on 16 November 2021. The Panel’s advice is consistent with Council officer’s recommendation in this report to proceed with the Planning Proposal for finalisation.

 

SUMMARY OF PUBLIC EXHIBITION OUTCOME

 

11.    A total of five (5) submissions were received comprising four (4) from the community and one (1) from a public agency (Transport for NSW). Overall, 80% of submissions supported the proposal in full, 20% objected to the proposal in full. The submission from Transport for NSW raised no objection to the proposal. Refer to the Local Planning Panel report at Attachment 1 for full details of the consultation undertaken for this exhibition.

 

12.    Key issues raised in the community submissions received during the public exhibition period related to noise impact, traffic and parking. However, the issues raised are primarily matters that will be addressed as part of the detailed assessment once a development application is lodged for the site. Refer to the Local Planning Panel report at Attachment 1 (see Paragraph 14) for further details on the key issues raised and Council officer responses and recommendations.

 

13.    Following consideration of the results of the public exhibition and the Local Planning Panel recommendations, the Planning Proposal is recommended to proceed for finalisation as exhibited.

 

CONSULTATION & TIMING

 

Stakeholder Consultation

 

14.    Community and agency consultation has been undertaken in accordance with the requirements of the issued Gateway determination.

 

Councillor Consultation

 

15.    Councillors were briefed on the Planning Proposal, key issues and recommendations on 17 March 2021 prior to the 22 March 2021 Council meeting and raised no concerns. Council endorsed the officer recommendation at this meeting to request a Gateway Determination from DPIE.

 

16.    Councillor consultation will be carried out in relation to this report on 31 January 2022.

 

LEGAL IMPLICATIONS FOR COUNCIL

 

17.    There are no legal implications for Council in endorsing the Planning Proposal to proceed to finalisation. However, should the proposal not be supported, Council’s Compliance Team would be required to commence legal action against the existing business regarding the current unauthorised use or any attempt in the future to continue this use.

 

FINANCIAL IMPLICATIONS FOR COUNCIL

 

18.    All costs associated with assessing the Planning Proposal are accommodated within the existing City Planning and Design budget. There are no further financial implications for Council associated with this Planning Proposal.

 

 

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