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
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Governance Manager |
Lord Mayor |
Chief Executive Officer |
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Minute Clerk |
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Cr Phil Bradley |
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Cr Lorraine Wearne
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Cr Sameer Pandey, Deputy Lord Mayor |
Cr Henry Green
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Cr Paul Noack |
Cr Michelle Garrard
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Cr Ange Humphries |
Cr Donna Wang
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Cr Dr Patricia Prociv |
Cr Dan Siviero
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Cr Pierre Esber |
Cr Kellie Darley
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Cr Cameron Maclean |
Cr Georgina Valjak
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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 |
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Press |
Press |
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Public Gallery |
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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:
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Obligations |
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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. |
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Code of Conduct Conflict of Interests |
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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. |
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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. |
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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. |
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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
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
13.1 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
14.1 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
Nil
Nil
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
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SUBJECT: Minutes of the Council Meeting held on 8 November 2021
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That the minutes be taken as read and be accepted as a true record of the Meeting. |
25. APOLOGIES/REQUESTS FOR LEAVE OF ABSENCE
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3580 |
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
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8.2 |
REFERENCE F2021/00521 - D08324281
REPORT OF Lord Mayor, Councillor Steven Issa
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(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.
30. Rescission Motions
Nil
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That Items 12.1 to 12.4 be resolved en bloc. |
31. Fair
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12.1 |
SUBJECT FOR NOTATION: Investment Report for October 2021
REFERENCE F2021/00521 - D08299471
REPORT OF Tax and Treasury Accountant
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That Council receive the Investment Report for October 2021. |
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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.
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(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
33. Green
34. Welcoming
35. Thriving
36. Innovative
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
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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. |
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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.
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3615 |
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.
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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
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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.
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(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.
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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.
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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.
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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
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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
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7.1 |
SUBJECT FOR APPROVAL: Election of the Lord Mayor
REFERENCE F2021/00521 - D08299812
REPORT OF Governance Manager
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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. |
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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. |
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7.2 |
SUBJECT FOR APPROVAL: Election of the Deputy Lord Mayor
REFERENCE F2021/00521 - D08305347
REPORT OF Governance Manager
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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. |
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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. |
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7.3 |
SUBJECT FOR APPROVAL: Filling Casual Vacancies in Civic Office
REFERENCE F2021/00521 - D08305361
REPORT OF Governance Manager
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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
ITEM NUMBER 12.1
SUBJECT Investment Report for November 2021
REFERENCE F2021/00521 - D08385786
REPORT OF Tax and Treasury Accountant
CSP THEME:
Fair
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PURPOSE:
The purpose of this report is to inform Council of the investment portfolio performance and compliance for the month of November 2021.
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That Council receive the Investment Report for November 2021.
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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. $65m capacity in BBB+/unrated institutions.
Graph 1: Investment Policy rating capacity
*BBB+/BBB limits combined under Council’s investment policy.
13. Counterparty Limits. All individual counterparty limits comply with council’s investment policy, with the following exceptions:
Table 8: Exceptions to counterparty limits
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Institution
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Policy Limit ($‘000) |
Held ($’000) |
Overweight ($’000) |
Reason |
Compliance Date |
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No exceptions |
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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:
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Date |
Stakeholder |
Stakeholder Comment |
Council Officer Response |
Responsibility |
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30 November 2021
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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:
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Date |
Councillor |
Councillor Comment |
Council Officer Response |
Responsibility |
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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
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1⇩ |
Investment and Loans Performance Graph November 2021.pdf |
1 Page |
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2⇩ |
List of Council Investments by maturity November 2021.pdf |
8 Pages |
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3⇩ |
Imperium Comprehensive Investment Report - November 21.pdf |
35 Pages |
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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.
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
|
1⇩ |
ARIC Minutes 26 August 2021 |
5 Pages |
|
|
2⇩ |
ARIC Minutes 30 September 2021 |
2 Pages |
|
REFERENCE MATERIAL
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.
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 |
|
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
|
1⇩ |
Access Advisory Committee Meeting Minutes 19 October 2021 |
9 Pages |
|
REFERENCE MATERIAL
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.
|
|
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
|
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 |
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
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).
(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
Council 7 February 2022 Item 13.2
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.
(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
REFERENCE MATERIAL
Council 7 February 2022 Item 13.3
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.
(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
|
1⇩ |
City of Parramatta Motions for LGNSW Special Conference |
2 Pages |
|
REFERENCE MATERIAL
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.
(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
|
1⇩ |
Map identifying land swap |
1 Page |
|
|
2⇩ |
Approved DA conditions |
10 Pages |
|
REFERENCE MATERIAL
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.
(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
|
1⇩ |
Copy of DP1238944 |
1 Page |
|
REFERENCE MATERIAL
Council 7 February 2022 Item 13.6
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”.
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
|
1⇩ |
LPP Minutes & Report - 16 November 2021 |
196 Pages |
|
|
2⇩ |
Submissions Table |
19 Pages |
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|
3⇩ |
Planning Proposal |
48 Pages |
|
|
4⇩ |
Draft Planning Agreement |
43 Pages |
|
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5⇩ |
Draft Site-Specific DCP |
14 Pages |
|
REFERENCE MATERIAL
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).
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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FY 21/22 |
FY 22/23 |
FY 23/24 |
FY 24/25 |
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Revenue |
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Internal Revenue |
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External Revenue |
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Total Revenue |
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Funding Source |
N/A |
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Operating Result |
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External Costs |
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Internal Costs |
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|
Depreciation |
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Other |
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Total Operating Result |
NIL |
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Funding Source |
N/A |
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CAPEX |
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CAPEX |
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External |
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Internal |
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Other |
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Total CAPEX |
N/A |
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CONCLUSION AND NEXT STEPS
19. It is recommended that Council approve the Planning Proposal for 64 Victoria Road, North Parramatta 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.
Dot Hepburn
Project Officer
David Birds
Group Manager, Major Projects and Precincts
Fariha Chowdhury
Acting Chief Financial Officer
Jennifer Concato
Executive Director City Planning and Design
Brett Newman
Chief Executive Officer
|
1⇩ |
Local Planning Panel Report and Minutes - 16 November 2021 |
8 Pages |
|
|
2⇩ |
Planning Proposal for 64 Victoria Road, North Parramatta (as exhibited) |
27 Pages |
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3⇩ |
Gateway Determination |
2 Pages |
|
|
4⇩ |
Alteration of Gateway Determination |
1 Page |
|
REFERENCE MATERIAL
Council 7 February 2022 Item 13.8
ITEM NUMBER 13.8
SUBJECT Submissions to DPIE and IPART on the Development Contributions Reform
REFERENCE F2021/00521 - D08386016
REPORT OF Group Manager Infrastructure Planning & Design
CSP THEME Thriving
workshop/briefing date: 31 January 2022
PURPOSE:
The NSW Government proposes reform of the development contribution system. The reforms may have a very significant impact on Council’s ability to collect development contributions throughout the local government area to support quality infrastructure for residential and commercial growth. The exhibition of reform material occurred during the local government caretaker period, hence this report is seeking Council’s endorsement of the submissions that were made to the Independent Regulatory and Regulatory Tribunal and Department of Planning and Environment.
That Council endorse the submissions to the Independent Regulatory and Regulatory Tribunal (IPART) and the Department of Planning Industry and Environment (DPIE) at Attachments 2 and 3 respectively, noting the following key points:
i. The combined reforms may reduce development contributions in the City of Parramatta by up to $626M, significantly impacting the ability of Council to fund necessary infrastructure to support NSW Government and Council agreed growth targets;
ii. Council’s request for the State Government to approve the draft Section 7.12 Parramatta CBD Contributions Plan, with the Parramatta CBD Planning Proposal, as co-dependent documents, to ensure that the contributions in that Plan can be collected and that Council is no worse-off under the reforms;
iii. Council’s position that Community facilities should not be excluded from the Essential Works List; and
iv. Council’s view that infrastructure benchmarks in the IPART report significantly underestimate actual market costs, and the report lacks comprehensive analysis of infrastructure upgrade costs in established urban areas with increasing density.
BACKGROUND
1. Community infrastructure can be funded by grants, general Council funds (in part from rates) or most significantly, by development contributions.
2. Council has two contributions plans. The first is a recently approved Section 7.11 contributions plan (previously known as S94), which is applicable outside the Parramatta CBD and Sydney Olympic Park Authority administered land. The local infrastructure to be provided by contributions from development received under this Plan (2021 to 2041) is based on forecast population and includes land and works for open space and recreation, community facilities, and traffic and transport works. Contributions are charged based on new dwelling and bedroom numbers, by workforce occupancy rates within various types of visitor accommodation, and by visitor occupancy rates at tourist and visitor accommodation premises. A 20 year work program is provided in a series of tables in the plan.
3. The second contributions plan is a Section 7.12 plan (previously known as S94A) applicable to the Parramatta CBD only, awaiting endorsement of the Minister along with the Parramatta CBD Planning Proposal. This plan (2021 to 2061) also has a series of works schedules for infrastructure, including community facilities, open space and recreation, public domain works and traffic and transport works. However, unlike the outside CBD plan, the CBD contributions are levied on a percentage basis of development cost, the percentage being based on whether the development is residential, mixed use or other development.
4. The contributions planning system in NSW is long established, and provides councils with relative autonomy to set contributions for local infrastructure provision (based on the nexus principle) based on demand created by population and commercial/employment growth in the LGA.
5. The Parramatta CBD performs key economic, social, and cultural roles, particularly for Western Sydney, which is home to nearly half of Sydney’s population. City of Parramatta (CoP) is a vital part of Sydney and the State’s planning and economic strategy and growth targets. CoP has worked closely with State planning and other agencies to ensure that the Parramatta CBD Planning Proposal, has a suitable funding strategy for necessary infrastructure to be provided in a timely manner to support the significant growth being experienced in and outside the CBD.
6. Put simply, the ability for Council to enable and support current and expected growth (and realise NSW Government targets) and provide quality infrastructure for residents and business, is directly linked to funding via development contributions plans, developed in conjunction with the NSW Government, following thorough and extensive engagement.
THE CONTRIBUTIONS REFORM PROCESS
7. The NSW Government is attempting to reform how development contributions plans are set and contributions charged.
8. In 2020 the NSW Government asked the NSW Productivity Commission to review the infrastructure contributions system in New South Wales. In March 2021, the NSW Government accepted all 29 recommendations of the NSW Productivity Commission for reform of the infrastructure contributions system in New South Wales, “to deliver an efficient system, that is easy to understand, transparent and consistent in its application, and provides greater certainty to market participants”.
9. The Productivity Commission recommendations and the Government’s response are provided at Attachment 1. Priority reforms were described as follows.
· amending the local government rate peg to reflect population growth
· cost reflective section 7.11 contributions based on efficient costs
· requiring infrastructure contributions plans to be developed upfront prior to rezoning
· retaining the simplicity of section 7.12 levies but with a higher maximum rate for residential development, and
· broad-based regional contributions of between $8,000 and $12,000 per dwelling in Greater Sydney, including Parramatta.
10. Following the Government’s adoption of those recommendations, the Government asked the NSW Independent Regulatory and Regulatory Tribunal (IPART) to carry out a more detailed review of contributions, which, along with the Department of Planning and Environment (DPIE) legislative and guideline changes, formed the basis of a public exhibition process concluding on 10 December 2021. Submissions were lodged within this timeframe. This report now refers the submissions to Council for consideration and endorsement. The detailed submissions are at Attachment 2 and 3.
11. The IPART exhibition included a review of the essential works list, nexus, efficient design and benchmark costs for local infrastructure.
12. The DPIE exhibition included draft Legislation and draft Regulations to amend the way contributions can be applied and collected by councils, Regional Infrastructure Contributions, new Ministerial Directions and Best Practice Guidelines.
IMPACT OF REFORMS
13. The NSW Government ‘reforms’ to contributions planning will have a significant negative impact on Council’s ability to set contributions to support the local government area and its ongoing growth, and will curtail the provision of much needed community infrastructure. This will cause Council to consider funding that infrastructure through general revenue, for example, rates (impacting other services), and holding back/delaying, stripping or not progressing with infrastructure.
14. Council’s analysis has found that the proposed changes will potentially decrease development contributions in Council’s Section 7.11 ‘Outside CBD Plan’ by $193 million, and decrease the amount Council can collect from development contributions in the imminent CBD plan, by $433 million.
15. Over the life of both plans, based on the NSW Government ‘reforms’, a loss of income of over $620 million to Council will occur.
Both plans - total loss of $626M.
16. This will have a significant and unacceptable impact on the provision of necessary community infrastructure for our growing City. The Outside CBD plan was recently endorsed by Council, and the CBD contributions plan is currently with the Minister for approval, following thorough negotiation with DPIE, wherein the plan related directly to the funding of necessary infrastructure to support the extensive height and floor space growth in this large-scale planning proposal.
Section 7.12 levy reforms – draft CBD Contributions Plan
17. Council’s current plan in the CBD collects 3% on the cost of construction for all development in the CBD where a contribution can be collected (over $250K cost). This maximum percentage is set through the Regulations by the Minister.
18. The Draft Plan endorsed by Council in October 2021 seeks to increase this rate to 5% of the cost of development for residential development and 4% for commercial development. Even within this plan, the contributions sought over 40 years will not match the cost of infrastructure to be provided. In fact, the cost of infrastructure is forecast at $2.015 million, and with best-case proposed contributions totaling $642 million, there is a funding gap of $1.373 million.
19. The key element of the new Regulations is a proposed change to the method used to calculate contributions required. The amendments to the legislation seek to apply a fixed rate per residential dwelling and a $/m2 rate for commercial or retail development. In the case of the Parramatta CBD, the new proposed rates are $12,000 per residential unit and $40/$35 per m2 commercial/ retail floor space.
20. Because of the changes, Council would be worse off, as demonstrated in Table 1 below.
|
Basis for calculation of contributions |
Expected income over 40 years |
Potential loss compared to Council draft plan with Minister |
|
Exhibited Regulations- $12,000 per additional dwelling and $40/$35 sqm of additional commercial /retail floor space |
$209M |
$433M |
|
Current CBD Section 7.12 Plan - All development at 3% of the construction costs (current arrangements) |
$424M |
$218M |
|
Council Draft CBD Section 7.12 Plan – Based on 4% of the construction cost for commercial/retail development and 5% of the cost of construction for residential development (recommended position currently with Minister for endorsement) |
$642M |
Zero |
Table 1 – Comparison of contributions under draft CBD Contributions versus legislative reforms
21. The Minister is on the record in saying that no Council will be worse off under the reforms. Whilst this is very welcome, it is not yet reflected at present in any formal documents by the NSW Government.
22. It is imperative that the Minister endorse the Draft Contributions Plan that has been forward to the DPIE in October 2021, along with the Council endorsed Parramatta CBD Planning Proposal. Council should be no worse off against our Draft Plan. If the Minister amended the regulations so that Council received contributions income equivalent to the current plan that has levies based on 3% of the cost of development, Council would still be worse off by $218million compared to the income expected under the new Draft Plan.
23. If the Council’s draft plan is not made by the Minister in its current form, then alternatively the following rates should be included in the Regulations by the Minister to ensure that Council is no worse-off.
|
Nature of development |
Proposed rates by Regulation as exhibited |
Rates requested for inclusion in the Regulations to ensure Council is no worse off |
|
Residential units |
$12,000 / dwelling |
$22,500 / dwelling |
|
Commercial floor space |
$40/m2 |
$160/m2 |
|
Retail floor space |
$35/m2 |
$160/m2 |
Table 2 – Contribution rates required in the Regulations to ensure Council is no worse-off
Section 7.11 Contribution IPART reforms – Outside CBD Contributions Plan
24. The Section 7.11 reforms change the way Section 7.11 Developer Contributions Plans are prepared, and how councils collect contributions.
25. The Minister has deferred the application of any of the changes in the IPART report which may impact negatively on council’s until the last quarter of 2024.
26. However, Council must respond to issues arising from the IPART study and broader reforms which proposes changes to how Section 7.11 Contributions Plans would be applied. Council’s submission should be made regardless of the Ministerial deferral, to communicate Council’s position on these matters so they are a matter of public record should any future review seek to implement the recommendations.
27. The IPART review covers:
i. a review of the Essential Works List
ii. advice to Government on how nexus and efficient design principles should be applied when preparing a contributions plan, and
iii. a review of benchmark costs for local infrastructure.
28. In short, the IPART recommendations have the following impact.
i. The Essential Works List (EWL) excludes community facilities, upgrades to public domain in town centres and other works in Council’s Outside CBD contributions plan. Council would not be able to collect contributions for these works – resulting in a loss of $193 million in income.
ii. A review of principles/criteria that should be applied when considering nexus decisions, between the growth and the infrastructure proposed to be provided. Unfortunately the review seems to focus mainly on greenfields new release development, not existing urban areas with increasing density through infill development. This needs to be reviewed to reflect Parramatta and many other Sydney Councils.
iii. The introduction of infrastructure ‘benchmark’ costs for contributions plans, which are minimum costs, focused on greenfields area, do not represent the infrastructure that CoP builds, and represent a very significant underestimate of Council’s recent market based Tender and quotation costs. The infrastructure benchmark seems to set a mark inconsistent with community expectations for the functionality of the infrastructure. In some cases the infrastructure is effectively simplified, not a benchmark but an under estimate.
iv. Unless more appropriate benchmarks are provided Council will be forced to apply the IPART Alternate Costing Methodology. The level of justification/ information required in order to satisfy IPART requirements under the Alternate Costing Methodology is significantly greater than Council currently provides in its current Plan. This justification would need to be carried out up front, to this 20 year, with no apparent benefit, given Council’s infrastructure cost estimates are based on actual market rates.
29. The implications of the IPART review recommendations are explained in detail in Attachment 3. It is recommended that Council express its strong concerns to the Minister in this regard, per the report recommendation.
CONSULTATION & TIMING
Stakeholder Consultation
30. The following stakeholder consultation has been undertaken in relation to this matter:
|
Date |
Stakeholder |
Stakeholder Comment |
Council Officer Response |
Responsibility |
|
2019-2021 |
Department of Planning Industry and Environment |
Agreement through negotiation on Parramatta CBD Planning Proposal and CBD draft Contributions Plan |
Agreement through negotiation on Parramatta CBD Planning Proposal and CBD draft Contributions Plan |
City Planning & Design Directorate |
Councillor Consultation
31. The following Councillor consultation has been undertaken in relation to this matter:
|
Date |
Councillor |
Councillor Comment |
Council Officer Response |
Responsibility |
|
31 January 2022 |
Briefing session |
Agenda closed |
Agenda closed |
Infrastructure Planning & Design Unit |
LEGAL IMPLICATIONS FOR COUNCIL
32. There are no legal implications for Council in the making of the submissions as recommended.
FINANCIAL IMPLICATIONS FOR COUNCIL AND STRATEGY
33. There are no financial implications for Council in the making of the submissions as recommended.
34. However, the financial implications for CoP are significant should the reforms be finalised in the form they are exhibited. Over the life of both CoP plans, based on the NSW Government ‘reforms’, a loss of income to Council of over $626 million will occur.
35. The impacts relate to the ability to fund infrastructure of suitable quality to meet the demands of residential and commercial growth in an equitable and timely manner. Lower development contributions mean greater reliance on grants, rates and other funding sources, and holding back/delaying, stripping or not progressing with infrastructure to support the growth of CoP.
Anthony Newland
Group Manager Infrastructure Planning & Design
Fariha Chowdhury
Acting Chief Financial Officer
Jennifer Concato
Executive Director City Planning and Design
Brett Newman
Chief Executive Officer
|
1⇩ |
Productivity Commission recommendations and Government Response |
6 Pages |
|
|
2⇩ |
Staff Submission to DPIE on s7.12 reforms |
2 Pages |
|
|
3⇩ |
Staff Submission to IPART on s7.12 reforms |
24 Pages |
|
REFERENCE MATERIAL
Notices of Motion
07 February 2022
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
Council 7 February 2022 Item 14.1
ITEM NUMBER 14.1
SUBJECT CBD Lighting Project
REFERENCE F2022/00105 - D08396765
FROM Councillor
That Council endorse the ongoing lights in the CBD throughout February and March 2022.
BACKGROUND
1. The CBD Light Project is a lighting activation in three key areas of Parramatta:
- The Parramatta River Foreshore
- Parramatta Square
- Centenary Square.
2. Council previously endorsed lighting from November to February 2022 using a reallocation of funds from Winter Light.
3. The lights are to help inspire the re-activation of the CBD. The installation over this period has helped to bring the city to life after a long period of Covid lockdowns and the ongoing construction which contributed to a drop in visitation.
4. Feedback throughout November-February 2022 has been very positive and has particularly re-activated the River foreshore.
5. Given we have cancelled/postponed major events until March 2022 continuing this project would continue the activation and further assist maintaining visitors to the CBD.
6. Council Budgeted $200,000 for a 3 month period using a reallocation of funds from Winter Light. I also note Council has applied for a grant which will cover the costs.
Cr Michelle Garrard
EXECUTIVE DIRECTOR, CITY ENGAGEMENT & EXPERIENCE RESPONSE
7. A written staff response will be provided in a supplementary agenda and circulated to Councillors prior to the Council Meeting.
FINANCIAL AND RESOURCE IMPLICATIONS
8. A written staff response will be provided in a supplementary agenda and circulated to Councillors prior to the Council Meeting.
Michelle Garrard
Councillor Garrard
Carly Rogowski
Executive Director, City Engagement & Experience
Fariha Chowdhury
Acting Chief Financial Officer
Brett Newman
Chief Executive Officer
|
1⇩ |
CBD Lighting Project Images |
1 Page |
|
Council 7 February 2022 Item 14.2
ITEM NUMBER 14.2
SUBJECT Events Budget
REFERENCE F2022/00105 - D08396770
FROM Councillor
1. That Council endorse the Events Budget be rolled over to the same event the following year or be reallocated to another event with the endorsement of the Chamber.
2. Further, that Council endorse any events that are postponed or cancelled.
BACKGROUND
1. Council funded events such as Australia Day 2021 have been postponed or cancelled and the allocated budget has been the same either cancelled or postponed.
2. Council endorse and allocated funding to our events program, it only seems fitting that we also have oversight regarding events being cancelled / postponed with the exception of last minute cancellations due to weather events etc.
Cr Michelle Garrard
EXECUTIVE DIRECTOR, CITY ENGAGEMENT & EXPERIENCE RESPONSE
1. A written staff response will be provided in a supplementary agenda and circulated to Councillors prior to the Council Meeting.
FINANCIAL AND RESOURCE IMPLICATIONS
2. A written staff response will be provided in a supplementary agenda and circulated to Councillors prior to the Council Meeting.
Michelle Garrard
Councillor Garrard
Carly Rogowski
Executive Director, City Engagement & Experience
Fariha Chowdhury
Acting Chief Financial Officer
Brett Newman
Chief Executive Officer
Council 7 February 2022 Item 14.3
ITEM NUMBER 14.3
SUBJECT Traffic Lights at Bennelong Parkway - Hill Road Intersection
REFERENCE F2022/00105 - D08395818
FROM Councillor
(a) That Council recognizes the importance of the urgent construction of traffic lights at the intersection of Bennelong Parkway and Hill Road at Wentworth Point. The growing traffic congestion and traffic accidents of extreme concern to the resident of Wentworth Point.
(b) Further, that a full report on the construction of these lights be presented to the 14 March Council Meeting.
Cr Paul Noack
BACKGROUND
1. No background was provided.
EXECUTIVE DIRECTOR, CITY PLANNING & DESIGN RESPONSE
2. A written staff response will be provided in a supplementary agenda and circulated to Councillors prior to the Council Meeting.
FINANCIAL AND RESOURCE IMPLICATIONS
3. A written staff response will be provided in a supplementary agenda and circulated to Councillors prior to the Council Meeting.
Paul Noack
Councillor Noack
Fariha Chowdhury
Acting Chief Financial Officer
Jennifer Concato
Executive Director City Planning and Design
Brett Newman
Chief Executive Officer
There are no attachments for this report.
Council 7 February 2022 Item 14.4
ITEM NUMBER 14.4
SUBJECT Acknowledgement of all Faith
REFERENCE F2022/00105 - D08396775
FROM Deputy Lord Mayor
(a) That the City of Parramatta Council notes the cultural and religious diversity within the City of Parramatta.
(b) Further, that:
i) Council acknowledges all cultures, faith and religions of members of our community as part of the proceedings at the Council Meeting.
ii) An acknowledgement be read by the Lord Mayor at the Council meeting as follows:
We recognize the rich cultural and religious diversity in the City of Parramatta and we acknowledge and pay respect to the beliefs of all members of our community regardless of creed or faith.
BACKGROUND
1. No background was provided.
Cr Sameer Pandey
EXECUTIVE DIRECTOR, CORPORATE SERVICES RESPONSE
2. A written staff response will be provided in a supplementary agenda and circulated to Councillors prior to the Council Meeting.
FINANCIAL AND RESOURCE IMPLICATIONS
3. A written staff response will be provided in a supplementary agenda and circulated to Councillors prior to the Council Meeting.
Sameer Pandey
Deputy Lord Mayor, Councillor Pandey
Patricia Krzeminski
Governance Manager
Fariha Chowdhury
Acting Chief Financial Officer
Brett Newman
Chief Executive Officer
