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, 7 February 2022 AT 6:30pm

 

PRESENT

 

The Lord Mayor, Councillor Donna Davis and Councillors Phil Bradley, Kellie Darley,  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 Lord Mayor, Councillor Donna Davis, opened the meeting at 6:32pm.

 

2.      ACKNOWLEDGEMENT OF THE TRADITIONAL LAND OWNERS

 

The Lord Mayor acknowledged the Burramattagal people of The Darug Nation as the traditional custodians of this land, and paid respect to their ancient culture and their elders past and present.

 

3.      WEBCASTING ANNOUNCEMENT

 

The Lord Mayor advised that this public meeting is being recorded and streamed live on the internet. The recording will also be archived and made available on Council’s website.

 

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

 

4.      OTHER RECORDING OF MEETING ANOUNCEMENT

 

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

 

5.      CONFIRMATION OF MINUTES

 

 

SUBJECT:         Minutes of the Council Meeting held on 22 November 2021

 

3625

RESOLVED      (Garrard/Pandey)

 

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

 

 

 

 

SUBJECT:         Minutes of the Council Meeting held on 10 January 2022

 

3626

RESOLVED      (Esber/Garrard)

 

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

 

6.      APOLOGIES/REQUESTS FOR LEAVE OF ABSENCE

 

3627

RESOLVED      (Garrard/Bradley)

 

That the request to attend the Ordinary Council Meeting dated 7 February 2022 via remote means submitted by the following Councillors due to personal reasons, be accepted:

-           Councillor Lorraine Wearne.

 

7.      DECLARATIONS OF INTEREST

 

Councillor Darley declared a non-pecuniary and less than significant interest in Item 13.7 – Post Exhibition – Planning Proposal for land at 64 Victoria Road, North Parramatta being that she has visited the Patisserie and posted and shared her experience on social media. She remained in the Chamber during debate and voting on the matter.

 

Councillor Green declared a non-pecuniary but significant interest in Item 17.1 – Tender 23/2021 Hygiene Services being that he uses the services of this company for one of his properties. He retired from the meeting prior debate and voting on the matter.

 

8.      Minutes of the Lord Mayor

 

8.1

SUBJECT          Condolence Motion: Arnima Hayat

 

REFERENCE   F2021/02779 - D08406248

 

REPORT OF     Lord Mayor, Councillor Donna Davis

 

3628

RESOLVED      (Davis/Pandey)

 

(a)     That Council acknowledge the passing of Arnima Hayat and observe a minute’s silence in respect of her passing, and in recognition of all those who have lost their lives due to domestic and family violence.

 

(b)     Further, that Council note the Parramatta Cumberland Family and Domestic Violence Prevention Committee is hosting a community candlelight vigil in memory of Arnima on Thursday, 10 February 2022.

 

 

Note: Council observed a minute’s silence.

 

8.2

SUBJECT          Condolence Motion: Peggy McGovern

 

REFERENCE   F2021/02779 - D08405668

 

REPORT OF     Lord Mayor, Councillor Donna Davis

 

3629

RESOLVED      (Davis/Green)

 

(a)     That Council acknowledge the passing of Peggy McGovern, long time member of and teacher at the City of Parramatta Art Society.

 

(b)     Further, that the Chamber hold a minute’s silence as a gesture of respect on Mrs McGovern’s passing and in recognition of her contributions to the Parramatta community.

 

 

Note: Council observed a minute’s silence.

 

8.3

SUBJECT          Condolence Motion: Most Reverend Bishop Joseph Hitti

 

REFERENCE   F2021/02779 - D08407937

 

REPORT OF     Lord Mayor, Councillor Donna Davis

 

3630

RESOLVED      (Davis/Esber)

 

(a)     That Council note the passing of the Most Reverend Bishop Joseph Hitti, Maronite Bishop Emeritus of Australia, on 3 February 2022.

 

(b)     That Council write to Our Lady of Lebanon Co-Cathedral and Bishop Antoine-Charbel Tarabay OLM to pass on our condolences.

 

(c)     That Council note a mass in his memory will be held on Thursday 10 February 2022 at 6pm at Our Lady of Lebanon Co-Cathedral, Harris Park.

 

(d)     Further, that Council observes a minute’s silence in respect of his passing.

 

 

Note: Council observed a minute’s silence.

 

8.4

SUBJECT          2022 Australia Day Honours

 

REFERENCE   F2021/02779 - D08405422

 

REPORT OF     Lord Mayor, Councillor Donna Davis

 

3631

RESOLVED      (Davis/Pandey)

 

(a)     That Council congratulate the following recipients of the Order of Australia’s 2022 Australia Day Honours for their contributions to the Parramatta community, being:

 

a.      Member (AM) in the General Division

i.        Ms Sally Ruston AM

ii.       The Very Reverend Father Peter Gregory Williams AM

 

b.      Medal (OAM) in the General Division

i.        Clinical Professor Catherine Birman OAM

ii.       Miss Patricia D’Apice OAM

iii.      Mr Greg Davies OAM

iv.      Dr Peter Ellis OAM

v.       Professor Elizabeth McCusker OAM

vi.      Dr Rosalie Pockett OAM

vii.     The late Mr Brian Powyer OAM

 

c.       Public Service Medal (PSM) – COVID-19 Honour Roll

i.        Professor Dominic Dwyer, Director of the ICPMR Centre for Infectious Diseases at Westmead Hospital.

 

(b)     Further, that Council congratulate Dr Daniel Nour, founder of Street Side Medics, who was recognised as Australia’s Young Australian of the Year in the 2022 Australian of the Year Awards.

 

8.5

SUBJECT          2021 Higher School Certificate Results

 

REFERENCE   F2021/02779 - D08406527

 

REPORT OF     Lord Mayor, Councillor Donna Davis

 

3632

RESOLVED      (Davis/Bradley)

 

(a)     That Council note the success of local schools in the 2021 NSW Higher School Certificate (HSC), with the following City of Parramatta schools recognised in the top 150 schools Honour Roll:

a.      James Ruse Agricultural High School (1)

b.      Tara Anglican School for Girls (34)

c.       The King’s School (51)

d.      Parramatta Marist High School (53)

e.      Arden Anglican School (71)

f.       Our Lady of Mercy Parramatta (99)

g.      Cumberland High School (110)

h.      Maronite College of the Holy Family – Parramatta (112)

i.        St Patrick’s Marist College (129)

j.        Carlingford High School (133)

k.       Redeemer Baptist School (136).

 

(b)     That Council note the following local students achieved first place in an HSC course, and achieved a result in the highest band (Band 6 or Band E4):

a.      Oscar Dong, James Ruse Agricultural High School, in Agriculture

b.      Piper Stenz, Arden Anglican School, in Industrial Technology

c.       Kevin Wang, The King’s School, in Mathematics Advanced

d.      Faeza Karimi, Secondary College of Languages Arthur Phillip Campus, in Persian Continuers.

 

(c)     Further, that Council write to these local schools to congratulate them on their success, and to recognise the resilience of their students and teachers as they undertook Years 11 and 12 and the HSC exams in the midst of the COVID-19 pandemic.

 

8.6

SUBJECT          Congratulations Felicity Castagna

 

REFERENCE   F2021/02779 - D08407026

 

REPORT OF     Lord Mayor, Councillor Donna Davis

 

3633

RESOLVED      (Davis/Prociv)

 

(a)     That Council congratulates local author Felicity Castagna for winning the 2022 Victorian Premier’s Literary Award for Writing for Young Adults for her novel Girls in Boys’ Cars.

 

(b)     Further, that Council write to Felicity Castagna congratulating her on this achievement.

 

 

Matter of Urgency

 

3634

RESOLVED      (Esber/Pandey)

 

That a procedural motion be granted to allow consideration of a matter of urgency to permit Councillors to make an inaugural speech at the meeting.

 

The Lord Mayor ruled the matter urgent.

 

3635

RESOLVED      (Esber/Pandey)

 

That Councillors be permitted to make an inaugural speech at the meeting.

 

 

Note:

1.         Councillor Wearne left the Chamber at 7:08pm and returned at 7:28pm during the consideration of the matter of urgency.

2.         Councillor Garrard left the Chamber at 7:28pm and returned at 7:28pm during the consideration of the matter of urgency.

3.         Councillor Darley left the Chamber at 7:36pm and returned at 7:37pm during the consideration of the matter of urgency.

 

 

Matter of Urgency

 

3636

RESOLVED      (Siviero/Garrard)

 

That a procedural motion be granted to allow consideration of a matter of urgency in relation to the volcano eruption in Tonga.

 

The Lord Mayor ruled the matter urgent.

 

 

MOTION             (Siviero/Garrard)

 

(a)       That Council acknowledge the tragic events leading up to and on 15 January 2022 following a volcano explosion and subsequent tsunami resulting in the loss of life, injury and missing persons in the Tongan community.

 

(b)       Further, that Council provide a donation in the amount of $5,000 to the High Commission of the Kingdom of Tonga – Fakalikutonga Relief Fund, to be funded from the Councillor Support donations budget.

 

 

AMENDMENT  (Esber/Siviero)

 

(a)       That Council acknowledge the tragic events leading up to and on 15 January 2022 following a volcano explosion and subsequent tsunami resulting in the loss of life, injury and missing persons in the Tongan community.

 

(b)       That the consideration of a donation be deferred until the next Council Meeting for a detailed financial report to be presented from the Chief Executive Officer and Chief Financial Officer.

 

(c)       Further, that Council observe a minute’s silence in memory of those who lost their lives in this tragic event.

 

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

 

The motion moved by Councillor Siviero and seconded by Councillor Garrard was amended:

 

MOTION             (Siviero/Garrard)

 

(a)       That Council acknowledge the tragic events leading up to and on 15 January 2022 following a volcano explosion and subsequent tsunami resulting in the loss of life, injury and missing persons in the Tongan community.

 

(b)       That Council provide a donation in the amount of $5,000 to the High Commission of the Kingdom of Tonga – Fakalikutonga Relief Fund, to be funded from the Councillor Support donations budget.

 

(c)       Further, that Council observe a minute’s silence in memory of those who lost their lives in this tragic event.

 

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

 

3637

RESOLVED      (Siviero/Garrard)

 

(a)       That Council acknowledge the tragic events leading up to and on 15 January 2022 following a volcano explosion and subsequent tsunami resulting in the loss of life, injury and missing persons in the Tongan community.

 

(b)       That Council provide a donation in the amount of $5,000 to the High Commission of the Kingdom of Tonga – Fakalikutonga Relief Fund, to be funded from the Councillor Support donations budget.

 

(c)       Further, that Council observe a minute’s silence in memory of those who lost their lives in this tragic event.

 

 

Note: Council observed a minute’s silence.

 

9.      Public Forum

 

There were no public forums submitted to the meeting.

 

10.    Petitions

 

10.1

SUBJECT          21 Bellevue St, North Parramatta

 

FROM                 Michelle Garrard

 

 

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

 

We, the undersigned, call on Parramatta Council to DECLINE the Development Application (and any further submissions relating to the site of a similar nature) for DA/1123/2021, Property 21 Bellevue St NORTH PARRAMATTA Lot 16 DP 5211. Applied by ARCHIDROME.

 

3638

RESOLVED      (Garrard/Esber)

 

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

 

11.    Rescission Motions

 

Nil

 

12.    For Notation

 

12.1

SUBJECT          Investment Report for November 2021

 

REFERENCE   F2021/00521 - D08385786

 

REPORT OF     Tax and Treasury Accountant

 

3639

RESOLVED      (Pandey/Esber)

 

That Council receive the Investment Report for November 2021.

 

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

 

3640

RESOLVED      (Garrard/Pandey)

 

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

 

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

 

3641

RESOLVED      (Bradley/Noack)

 

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

 

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

 

3642

RESOLVED      (Esber/Maclean)

 

That the report be received and noted.

 

13.    For Council Decision

 

13.1

SUBJECT          Chief Executive Officer Delegations

 

REFERENCE   F2021/00521 - D08385936

 

REPORT OF     Governance Manager

 

 

MOTION             (Pandey/Garrard)

 

(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 $500,000 (incl GST) per tender.

 

(d)      That regular reporting on decisions made under delegation be provided by way of quarterly briefing notes to Councillors, reporting on tenders determined under CEO delegation and include copies of the relevant tender reports.

 

(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)        That Council approve the change to all relevant policies arising from (c) above.

 

(g)      Further, that a report on the review of the tender limits detailed in paragraph (c) above be brought back to the Council Chamber after 12 months.

 

 

AMENDMENT  (Wearne/Wang)

 

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

 

The amendment moved by Councillor Wearne and seconded by Councillor Wang on being put was declared LOST.

 

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

 

3643

RESOLVED      (Pandey/Garrard)

 

(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 $500,000 (incl GST) per tender.

 

(d)      That regular reporting on decisions made under delegation be provided by way of quarterly briefing notes to Councillors, reporting on tenders determined under CEO delegation and include copies of the relevant tender reports.

 

(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)        That Council approve the change to all relevant policies arising from (c) above.

 

(g)      Further, that a report on the review of the tender limits detailed in paragraph (c) above be brought back to the Council Chamber after 12 months.

 

 

Note:  Councillors Bradley and Wearne requested that their names be recorded as having voted against the decision taken in this matter.

 

13.2

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

 

REFERENCE   F2021/00521 - D08386176

 

REPORT OF     Coordinator Internal Audit

 

3644

RESOLVED      (Esber/Noack)

 

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

 

(d)      Further, that Council appoint the following Councillor representatives to the Audit Risk and Improvement Committee for the current term of Council:

-           Deputy Lord Mayor Councillor Pandey

-           Councillor Garrard

-           Councillor Maclean (alternate)

-           Councillor Valjak (alternate).

 

 

Procedural Motion

 

3645

RESOLVED      (Esber/Garrard)

 

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

 

 

Note: The meeting was adjourned at 8:35pm for a short recess.

 

 

Procedural Motion

 

3646

RESOLVED      (Davis/Pandey)

 

That the meeting resume.

 

The meeting resumed at 8:47pm with the following Councillors in attendance. The Lord Mayor, Councillor Donna Davis and Councillors Phil Bradley, Kellie Darley, Pierre Esber, Michelle Garrard, Henry Green, Ange Humphries, Cameron Maclean, Paul Noack, Sameer Pandey (Deputy Lord Mayor), Dr Patricia Prociv, Georgina Valjak, Donna Wang and Lorraine Wearne.

 

13.3

SUBJECT          Local Government NSW Special Conference

 

REFERENCE   F2021/02778 - D08386008

 

REPORT OF     Executive Officer

 

3647

RESOLVED      (Esber/Prociv)

 

(a)     That the following Councillors be nominated as Council’s Voting Delegates for Motions at the Local Government NSW (LGNSW) Special Conference:

-           Councillor Davis, Lord Mayor

-           Councillor Bradley

-           Councillor Green

-           Councillor Maclean

-           Councillor Noack

-           Councillor Pandey, Deputy Lord Mayor

-           Councillor Prociv

-           Councillor Valjak.

 

(b)     That Councillors advise the Chief of Staff by COB Tuesday, 8 February 2022 of their interest in attending the Special Conference as a Voting Delegate.

 

(c)     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.

 

 

Note: Councillor Siviero returned to the Chamber at 8:50pm during the consideration of Item 13.3.

 

13.4

SUBJECT          12 Grand Avenue Boundary Adjustment (Deferred Item)

 

REFERENCE   DA/671/2020 - D08386010

 

REPORT OF     Property Officer

 

3648

RESOLVED      (Prociv/Noack)

 

(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.

 

13.5

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

 

REFERENCE   DA/961/2015 - D08386009

 

REPORT OF     Manager Property Plan & Program

 

 

MOTION             (Prociv/Noack)

 

(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.

 

 

AMENDMENT  (Garrard/Siviero)

 

That Council defer consideration of this matter until such time as the additional questions raised at the Council Meeting regarding the access road have been answered.

 

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

 

The motion moved by Councillor Prociv and seconded by Councillor Noack on being put was declared CARRIED.

 

3649

RESOLVED      (Prociv/Noack)

 

(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.

 

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

 

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

 

3650

RESOLVED      (Garrard/Esber)

 

(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.

 

DIVISION           A division was called, the result being:-

 

AYES:                Councillors Darley, Davis, Esber, Garrard, Green, Humphries, Maclean, Noack, Pandey, Siviero, Valjak, Wang and Wearne

 

NOES:                Councillors Bradley and Prociv

 

13.7

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

 

REFERENCE   F2022/00105 - D08385892

 

REPORT OF     Project Officer

 

3651

RESOLVED      (Garrard/Esber)

 

(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.

 

DIVISION           A division was called, the result being:-

 

AYES:                Councillors Bradley, Darley, Davis, Esber, Garrard, Green, Humphries, Maclean, Noack, Pandey, Prociv, Siviero, Valjak, Wang and Wearne

 

NOES:                Nil

 

13.8

SUBJECT          Submissions to DPIE and IPART on the Development Contributions Reform

 

REFERENCE   F2021/00521 - D08386016

 

REPORT OF     Group Manager Infrastructure Planning & Design

 

 

MOTION             (Pandey/Noack)

 

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.

 

 

AMENDMENT  (Bradley/Wearne)

 

(a)      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.

 

(b)     That Council undertake the following advocacy activities:

i.        Write to the Minister for Planning requesting a meeting to discuss Council’s submission

ii.       Continue meetings between Executives of Council and the Department of Planning and Environment

iii.      Lord Mayor and Chief Executive Officer continue advocacy for the City of Parramatta and with other councils and LGNSW

iv.      Continue media campaign  

 

(c)     Further, that Council be advised of the NSW Government’s response to submissions made on the reforms.

 

Councillor Pandey, as mover of the original motion, accepted the amendment as part of the motion.

 

MOTION             (Pandey/Noack)

 

(a)      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.

 

(b)     That Council undertake the following advocacy activities:

i.        Write to the Minister for Planning requesting a meeting to discuss Council’s submission

ii.       Continue meetings between Executives of Council and the Department of Planning and Environment

iii.      Lord Mayor and Chief Executive Officer continue advocacy for the City of Parramatta and with other councils and LGNSW

iv.      Continue media campaign  

 

(c)     Further, that Council be advised of the NSW Government’s response to submissions made on the reforms.

 

3652

RESOLVED      (Pandey/Noack)

 

(a)      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.

 

(b)     That Council undertake the following advocacy activities:

i.        Write to the Minister for Planning requesting a meeting to discuss Council’s submission

ii.       Continue meetings between Executives of Council and the Department of Planning and Environment

iii.      Lord Mayor and Chief Executive Officer continue advocacy for the City of Parramatta and with other councils and LGNSW

iv.      Continue media campaign  

 

(c)     Further, that Council be advised of the NSW Government’s response to submissions made on the reforms.

 

 

Note:

1.         Councillor Esber left the Chamber at 9:23pm and returned at 9:25pm during the consideration of Item 13.8.

2.         Councillor Esber left the Chamber at 9:25pm and returned at 9:27pm during the consideration of Item 13.8.

3.         Councillor Prociv left the Chamber at 9:38pm and returned at 9:43pm during the consideration of Item 13.8.

 

14.    Notices of Motion

 

14.1

SUBJECT          CBD Lighting Project

 

REFERENCE   F2022/00105 - D08396765

 

FROM                 Councillor Michelle Garrard

 

MOTION             (Garrard/Siviero)

 

That Council endorse the ongoing lights in the CBD throughout February and March 2022.

 

 

AMENDMENT  (Pandey/Esber)

 

(a)      That Council defer consideration of the CBD Lighting Project until the outcome of the grant application is known.

 

(b)      That a report providing an update on the CBD Revitalisation Program Grant be presented to the next Council Meeting.

 

(c)       Further, that Council continue to keep the lights on for the next two (2) weeks, within the Council budget.

 

The amendment moved by Councillor Pandey and seconded by Councillor Esber on being put was declared CARRIED.

 

The amendment then became the motion.

 

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

 

3653

RESOLVED      (Pandey/Esber)

 

(a)      That Council defer consideration of the CBD Lighting Project until the outcome of the grant application is known.

 

(b)      That a report providing an update on the CBD Revitalisation Program Grant be presented to the next Council Meeting.

 

(c)       Further, that Council continue to keep the lights on for the next two (2) weeks, within the Council budget.

 

 

Note:

1.         Councillor Darley left the Chamber at 9:45pm and returned at 9:47pm during the consideration of Item 14.1.

2.         Councillor Noack left the Chamber at 10.09pm and returned at 10:11pm during the consideration of Item 14.1.

 

14.2

SUBJECT          Events Budget

 

REFERENCE   F2022/00105 - D08396770

 

FROM                 Councillor Michelle Garrard

 

 

MOTION             (Garrard/Siviero)

 

(a)      That Council endorse the Events Budget be reallocated to the same event the following year or be reallocated to another event with the endorsement of the Chamber.

 

(b)      Further, that Council endorse any events that are postponed or cancelled due to inclement weather.

 

 

AMENDMENT  (Pandey/Humphries)

 

That Council defer consideration of this matter to a Councillor Workshop.

 

The amendment moved by Councillor Pandey and seconded by Councillor Humphries on being put was declared CARRIED.

 

The amendment then became the motion.

 

The motion moved by Councillor Pandey and seconded by Councillor Humphries on being put was declared CARRIED.

 

3654

RESOLVED      (Pandey/Humphries)

 

That Council defer consideration of this matter to a Councillor Workshop.

 

 

Note:

1.         Councillor Maclean left the Chamber at 10:14pm and returned at 10:17pm during the consideration of Item 14.2.

2.         Councillor Esber left the Chamber at 10.26pm and returned at 10:30pm during the consideration of Item 14.2.

 

14.3

SUBJECT          Traffic Lights at Bennelong Parkway - Hill Road Intersection

 

REFERENCE   F2022/00105 - D08395818

 

FROM                 Councillor Paul Noack

 

3655

RESOLVED      (Noack/Siviero)

 

(a)      That Council recognise 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)      That Council calls for the urgent construction of the planned roundabout and street crossing at the corner of Hill Road and Burroway Road

 

(c)       Further, that a full report on the construction of these lights, and roundabout be presented to the 14 March Council Meeting, including costing and where the funds are coming from.

 

14.4

SUBJECT          Acknowledgement of all Faith

 

REFERENCE   F2022/00105 - D08396775

 

FROM                 Deputy Lord Mayor

 

3656

RESOLVED      (Pandey/Esber)

 

(a)      That Council defer consideration of this matter for a period of eight (8) weeks until 11 April 2022.

 

(b)      Further, that a Councillor Workshop be held to discuss this matter.

 

 

Note:  Councillor Green left the Chamber at 10.41pm during the consideration of Item 14.4.

 

15.    Questions with Notice

 

Nil

 

16.    Innovative

 

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.

 

17.     CLOSED SESSION

 

3657

RESOLVED      (Esber/Pandey)

 

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:-

17.1  Tender 23/2021 Hygiene Services. (D08385838) - 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. (D08385811) - 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.

 

17.1

SUBJECT          Tender 23/2021 Hygiene Services

 

REFERENCE   F2021/00521 - D08385838

 

REPORT OF     Business Support Officer

 

3658

RESOLVED      (Humphries/Pandey)

 

(a)     That Council approve the appointment of Rentokil Initial Trading As Initial Hygiene for the costs as outlined in paragraph 12 of this report.

 

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

 

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

 

(d)      Further, that a review be undertaken to ensure that Council's tender processes are being rated against Council's sustainability criteria and that a report come back to Council in three months.

 

Note: Councillor Green returned to the Chamber at 10:51pm after the consideration of Item 17.1.

 

17.2

SUBJECT          Horwood Place Compulsory Acquisition by Sydney Metro West

 

REFERENCE   F2021/00521 - D08385811

 

REPORT OF     Group Manager Property Development

 

3659

RESOLVED      (Garrard/Pandey)

 

(a)     That Council approve the commencement of Class 3 proceedings in the Land and Environment Court objecting to the amount of compensation for the Horwood Place, determined by the Valuer General.

 

(b)     That Council approve the budget and allocation of up to $1,630,000, from the Property Reserve, for the professional fees and expenses to run the Class 3 proceedings.

 

(c)     Further, that Council delegate to the Chief Executive Officer to negotiate and agree, in consultation with the Lord Mayor, the amount of compensation for the Horwood Place, within the parameters outlined in paragraph 14 of this report.

 

 

Procedural Motion

 

3660

RESOLVED      (Esber/Bradley)

 

That the meeting resume into Open Session.

 

18.    REPORTS OF RESOLUTIONS PASSED IN CLOSED SESSION

 

The Chief Executive Officer read out the resolutions for Items 17.1 to 17.2.

 

 

19.    CONCLUSION OF MEETING

 

The meeting terminated at 10:55pm.

 

THIS PAGE AND THE PRECEDING 22 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON MONDAY, 7 FEBRUARY 2022 AND CONFIRMED ON MONDAY, 21 FEBRUARY 2022.

 

 

 

 

Chairperson