Agenda of Council - Monday, 11 April 2022

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, 28 March 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

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 6:36pm.

2. ACKNOWLEDGEMENT OF TRADITIONAL OWNERS OF LAND

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

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 14 March 2022

3690

RESOLVED (Prociv/Darley)

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

SUBJECT: Minutes of the Extraordinary Council Meeting held on 21 March 2022

3691

RESOLVED (Pandey/Wang)

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

6. APOLOGIES/REQUESTS FOR LEAVE OF ABSENCE

3692	RESOLVED (Noack/Green) That the request to attend the Ordinary Council Meeting dated 28 March 2022 via remote means submitted by the following Councillors due to personal reasons, be accepted: - Councillor Valjak; - Councillor Wearne.

7. DECLARATIONS OF INTEREST

There were no Declarations of Interest made at this meeting.

8. Minutes of the Lord Mayor

8.1

SUBJECT Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples

REFERENCE F2021/02779 - D08447897

REPORT OF Lord Mayor, Councillor Donna Davis

3693

RESOLVED (Davis/Darley)

(a) That Council acknowledges and supports the proposal for a national referendum that formally recognises Aboriginal and Torres Strait Islander peoples in the Australian Constitution and the key principles of the ‘Uluru Statement from the Heart’.

(b) That Council writes to the Prime Minister, the Federal Leader of the Opposition, the Premier of NSW, the Opposition Leader of NSW, local Federal and State MPs, the President of Local Government NSW, the President of the Australian Local Government Association, the Deerubbin Local Aboriginal Land Council, Metropolitan Local Aboriginal Land Council, Gandangarra Local Aboriginal Land Council and local Dharug organisations to express City of Parramatta Council’s support for Constitutional recognition for Aboriginal and Torres Strait Islander peoples and the key principles of the ‘Uluru Statement from the Heart’.

(c) Further, that Council notes work underway to develop a First Nations Strategy to replace Council’s former Reconciliation Action Plan and that a workshop on this topic will be held in April.

Note: Councillor Wearne left the Chamber at 6:46pm during the consideration of the Item 8.1 and was not present in the Chamber during the vote thereon.

8.2

SUBJECT Public Toilet Policy

REFERENCE F2021/02779 - D08465407

REPORT OF Lord Mayor, Councillor Donna Davis

3694

RESOLVED (Davis/Pandey)

(a) That Council prepares a high-level public toilet policy that sets out the rationale and criteria for Council’s investment in new accessible public toilets.

(b) Further, that in developing this Policy, it is aligns with the long-term direction for community infrastructure provision as outlined in Council’s endorsed Community Infrastructure Strategy.

Note: Councillor Wearne was not present in the Chamber during the vote thereon.

8.3

SUBJECT 200 Years of the Royal Agricultural Society of NSW

REFERENCE F2021/02779 - D08466998

REPORT OF Lord Mayor, Councillor Donna Davis

3695

RESOLVED (Davis/Esber)

(a) That Council note the Royal Agricultural Society of NSW is celebrating their bicentenary in 2022.

(b) That the Lord Mayor write to the Royal Agricultural Society of NSW (RAS), congratulating them on this significant milestone and for the commitment to the promotion of Australian agriculture and advocacy on behalf of rural communities since 1822.

(c) That this letter include an invitation to meet with Council to discuss opportunities to further the relationship between the City and the RAS, acknowledge the historical connection and consider opportunities for Council to sponsor a competition at the Sydney Royal Easter Show in an appropriate category.

(d) Further, that Council note to recognise this occasion, the Royal Agricultural Society of NSW is holding a special Bicentenary Street Parade on Saturday, 9 April 2022, commencing at Parramatta Park at 3.30am before proceeding to Sydney Olympic Park.

Note: Councillor Wearne returned to the Chamber at 6:48pm during the consideration of Item 8.3.

9. Public Forum

9.1

SUBJECT PUBLIC FORUM 1: Item 14.2 - Smoke Free Parramatta Square

REFERENCE F2022/00105 - D08464723

FROM Dr Shopna Bag

Good evening, Lord Mayor and Councillors, thank you for the opportunity to speak in relation to item No. 14.2 – Smoke Free Parramatta Square. I am Dr Shopna Bag, the Acting Director for the Western Sydney Local District Centre for Population Health and I speak in support of Councillor Pandey’s proposal. Parramatta Square, which lies at the heart of Parramatta CBD, is a large, vibrant outdoor space which is accessed by thousands of local workers, students and consumers including children.

The proposal to implement a smoke-free Parramatta Square, would provide significant benefits to our community.

Firstly, there are considerable health benefits in preventing exposure to harmful second-hand smoke. Second-hand smoke contains over 7000 toxic substances. By protecting individuals from exposure and inhalation of second-hand smoke, we protect them from serious health effects such as respiratory illness, cardiovascular disease and lung cancer, which can lead to hospitalisation. Children, in particular, are more vulnerable and are at increased risk of sudden infant death syndrome, acute respiratory infections, middle ear infections and severe asthma, due to their immature respiratory systems. There is no safe level of exposure to second-hand smoke. Smoke-free environments play a key role in supporting people to reduce their smoking, make more successful quit smoking attempts and supports ex-smokers to maintain their non-smoking status.

Secondly, there are social and economic benefits to establishing a smoke-free Parramatta Square. Surveys from business owners and consumers show that 4 in 5 NSW people support smoke-free outdoor dining and have a preference for improved air quality. Reduced exposure to cigarette smoke-drift increases consumers’ likelihood of spending more time in public and outdoor settings and would boost patronage to local business. Smoke-free environments provide positive role modelling for children and young people, including university students who have increased opportunities to gather in the Square.
We strongly support local efforts to support family friendly public spaces and creating safe environments.

Lastly, there are significant environmental benefits to creating smoke-free environments. Cigarette butts are consistently the most littered item. They are made from non-biodegradable plastics which can easily be carried in stormwater drains and local waterways. The prevention of cigarette smoking will lead to a significant reduction in habitual cigarette butt littering which will help protect our Parramatta River and waterways.

To conclude, from a population health perspective, we strongly support the proposal for a smoke-free Parramatta Square. It will contribute to the on-going denormalization of tobacco smoking and build on decades of positive achievements in reducing smoking rates and exposures through public health policies and government legislation. A smoke-free Parramatta Square would provide health and wellbeing benefits to our local community, including social, economic and environmental gains.

Thank you for your time.

EXECUTIVE DIRECTOR, CITY ASSETS & OPERATIONS RESPONSE

There is public health, economic and environmental benefits associated with making Parramatta Square smoke free. There are however significant regulatory issues in enforcing such a ban which make it costly and less than effective. Consequently, very few Sydney Metro Councils have adopted this approach to ban smoking in public spaces.

10. Petitions

10.1

SUBJECT Short St North Parramatta Residents Petition

REFERENCE DA/654/2021

FROM Kellie Darley

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

reads:

We the Residents of Short St North Parramatta request that The City of Parramatta Council reinstate the pre-existing degraded asphalt path on the Eastern side of Short St North Parramatta.

Several neighbours have made contact with the council over the years to report issues with the soft surface path.

We request that the hard path is reinstated to resolve the following Issues:

· Public Safety – Numerous residents have incurred injury

· Loss of accessibility between street & homes

· Lack of accessibility along Eastern side of Short Street

· Flood mitigation/accessibility after rain

· Mud and dirt on resident’s property

· Incurred cost or loss of personal time to maintain grass & weeds.

The residents have endured the soft surface path for some time and it’s simply not safe or functional. We ask that the council revert to its original commitment to repairing the existing hard surface path as discussed in 2006.

3696

RESOLVED (Darley/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 Response to Notice of Motion - Activate, Regulate and Create Safe Underpasses

REFERENCE F2022/00105 - D08386006

REPORT OF Place Manager

3697

RESOLVED (Pandey/Humphries)

(a) That Council receive and note the contents of this report.

(b) Further, that Council work with the State Government to activate underpasses within the Parramatta CBD.

12.2

SUBJECT Quarter Two Progress Report - Delivery Program and Operational Plan 2021/22

REFERENCE F2022/00105 - D08446730

REPORT OF Corporate Strategy Manager

3698

RESOLVED (Prociv/Garrard)

That Council defer consideration of this matter to the 26 April 2022 Council Meeting for discussion at a Councillor Workshop or other suitable forum.

12.3

SUBJECT NOTE LATE REPORT: Quarterly Budget Review - December 2021

REFERENCE F2022/00105 - D08443317

REPORT OF Financial Planning and Analysis Manager

3699

RESOLVED (Prociv/Garrard)

That Council defer consideration of this matter to the 26 April 2022 Council Meeting for discussion at a Councillor Workshop or other suitable forum.

13. For Council Decision

13.1	SUBJECT Counting of petitions for referral of a development application to the Parramatta Local Planning Panel REFERENCE F2022/00105 - D08415668 REPORT OF Group Manager - Development and Traffic Services
	MOTION (Garrard/Wang) (a) That Council note the changes to Council’s website to assist the community in making submissions on development applications. (b) Further, that Council write to the Minister of Planning and Homes advocating for a change to how petitions and form letter submissions are counted for the purposes of referral of a development application to the Parramatta Local Planning Panel.
	AMENDMENT (Bradley/Wearne) (a) That Council note the changes to Council’s website to assist the community in making submissions on development applications. (b) That Council write to the Minister of Planning and Homes advocating for a change to how petitions and form letter submissions are counted for the purposes of referral of a development application to the Parramatta Local Planning Panel. (c) Further, that for the purposes of Council’s conciliation conferences, after the first five (5) form letters or five (5) petition signatories, Council will count every additional five (5) of these as another unique submission. The amendment moved by Councillor Bradley and seconded by Councillor Wearne on being put was declared LOST. The motion moved by Councillor Garrard and seconded by Councillor Wang on being put was declared CARRIED.
3700	RESOLVED (Garrard/Wang) (a) That Council note the changes to Council’s website to assist the community in making submissions on development applications. (b) Further, that Council write to the Minister of Planning and Homes advocating for a change to how petitions and form letter submissions are counted for the purposes of referral of a development application to the Parramatta Local Planning Panel.

13.2

SUBJECT Condition of the heritage listed property at 10 New Zealand Street, Parramatta

REFERENCE F2022/00105 - D08417925

REPORT OF Group Manager - Development and Traffic Services

3701

RESOLVED (Prociv/Darley)

(a) That Council note that there are no legal powers available to Council to require a property owner to maintain a locally listed heritage item.

(b) That Council:

a. nominate Wavertree for inclusion on the State Heritage Register and formally make this request to Heritage NSW.

b. seek an interim heritage order for the State heritage listing of Wavertree.

(d) Further, that the Lord Mayor write to the Minister for Planning and Homes and the Minister for Environment and Heritage requesting the investigation of powers Councils could be given through amendments to current NSW planning and heritage legislation to prevent the deterioration of locally list heritage properties through owner neglect.

13.3	SUBJECT CBD Carparking Strategy REFERENCE F2022/00105 - D08434912 REPORT OF Group Manager Property Development
	MOTION (Pandey/Humphries) (a) That Council notes the submissions made during the public exhibition of the draft CBD Carparking Strategy. (b) That Council approves the CBD Carparking Strategy at Attachment 1. (c) That Council note that ten million dollars ($10m) from the Property Reserve has been allocated to implement the CBD Carparking Strategy. (d) That Council provide a yearly report and conduct a review of this strategy on a yearly basis. (e) Further, that as part of the Smart Parking Tender, Council seek to develop an application mapping availability of carparking spaces.
	AMENDMENT (Garrard/Siviero) That Council defer the Carparking Strategy to align with budgetary considerations. During debate, the amendment moved by Councillor Garrard and seconded by Councillor Siviero was WITHDRAWN. The motion moved by Councillor Pandey and seconded by Councillor Humphries on being put was declared CARRIED.
3702	RESOLVED (Pandey/Humphries) (a) That Council notes the submissions made during the public exhibition of the draft CBD Carparking Strategy. (b) That Council approves the CBD Carparking Strategy at Attachment 1. (c) That Council note that ten million dollars ($10m) from the Property Reserve has been allocated to implement the CBD Carparking Strategy. (d) That Council provide a yearly report and conduct a review of this strategy on a yearly basis. (f) Further, that as part of the Smart Parking Tender, Council seek to develop an application mapping availability of carparking spaces.
	Note: Councillor Garrard left the Chamber at 7:51pm and returned at 7:57pm during the consideration of Item 13.3.

13.4

SUBJECT Draft Melrose Park South Site-Specific Development Control Plan and Planning Agreement

REFERENCE F2022/00105 - D08433159

REPORT OF Senior Project Officer

3703

RESOLVED (Noack/Garrard)

(a) That Council approve the draft Melrose Park South Site-Specific Development Control Plan (DCP) provided at Attachment 2 for the purposes of public exhibition.

(b) That Council give delegation to the CEO to draft the Planning Agreement based on the submitted Letter of Offer provided at Attachment 3 for the purposes of public exhibition.

(c) That the draft DCP and Planning Agreement be placed on public exhibition concurrently with the Planning Proposal that was adopted by Council on 9 November 2020 for a period of 28 days, and that a report be provided to Council on the outcomes of the public exhibition.

(e) Further, that Council delegate authority to the Chief Executive Officer to correct and anomalies of minor non-policy nature that may arise during the public exhibition process.

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

13.5

SUBJECT LATE REPORT: Quarterly Budget Review - December 2021

REFERENCE F2022/00105 - D08435024

REPORT OF Financial Planning and Analysis Manager

3704

RESOLVED (Prociv/Garrard)

That Council defer consideration of this matter to the 26 April 2022 Council Meeting for discussion at a Councillor Workshop or other suitable forum.

14. Notices of Motion

14.1

SUBJECT Peninsula Park, Wentworth Point

REFERENCE F2022/00105 - D08453092

FROM Councillor Paul Noack

3705

RESOLVED (Noack/Prociv)

(a) That Council advocate to the State Government on the future of the mixed-use site adjacent to Peninsula Park at Wentworth Point.

(b) That Council advocate to Transport for NSW (as landowner) and Landcom (as developer) for commencement of work in the Peninsula Park to occur promptly.

The 19 March 2022 meeting unanimously passed the following motion:

“This meeting of Wentworth Point residents demands that the planned school oval is under the management of the two schools. There will be up to 2,500 students at both schools and our children currently have the lowest open space ratio in NSW. We note that without a dedicated oval the two schools will not meet the mandatory teaching requirements under the NSW Education Standards Authority. Our children need and deserve a dedicated oval.

This meeting further notes that while Wentworth Point’s population is predicted to grow to more than 30,000 there is currently no parks, local community playing fields and community facilities. We call on the State Government and Transport for NSW to honour the 2014 agreement and immediately commence Peninsula Park.

We call on the State Government and Transport for NSW to immediately abandon the proposal to allow residential development on the land to the east of the new High School and enter into full and genuine consultation with the community to deliver a community playing field and community facilities.”

(d) Further, that Council supports the need for full and genuine consultation with the residents of Wentworth Point before any decisions are made on the development of land east of the Schools, and the need for community playing fields and community facilities.

Note: Councillor Esber left the Chamber at 8:04pm and returned at 8:06pm during the consideration of Item 14.1.

14.2

SUBJECT Smoke Free Parramatta Square

REFERENCE F2022/00105 - D08453832

FROM Deputy Lord Mayor, Councillor Pandey

3706

RESOLVED (Pandey/Esber)

(a) That Council develop a policy position in support for smoke-free and vape-free options within Parramatta Square.

(b) Further, that the Policy to include:

a. relevant and appropriate measures to understand the impact of implementing smoke free and vape-free options in Parramatta Square (e.g. community perceptions).

b. Identify a suitable, acceptable and enforceable smoke-free option and vape-free for Parramatta Square that addresses stakeholder feedback, health and environmental considerations.

c. Deliver a communication campaign to inform stakeholders of the new smoke-free measures in Parramatta Square.

Note:

1. Councillor Prociv left the Chamber at 8:10pm and returned at 8:13pm during the consideration of Item 14.1.

2. Councillor Esber left the Chamber at 8:11pm and returned at 8:12pm during the consideration of Item 14.1.

15. 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.

16. CLOSED SESSION

3707

RESOLVED (Esber/Maclean)

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:-

16.1 Legal Status Report as at 28 February 2022. (D08443882) - This report is confidential in accordance with section 10A (2) (e) of the Local Government Act 1993 as the report contains information that would, if disclosed, prejudice the maintenance of law.

16.2 Epping Laneway - Sale of Land. (D08438003) - 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.

Note:

1. Councillor Darley left the Chamber at 8:20pm during the consideration of the motion to move into closed session and was not present in the Chamber for the vote thereon.

2. Councillor Garrard left the Chamber at 8:20pm during the consideration of the motion to move into closed session and was not present in the Chamber for the vote thereon.

16.1

SUBJECT Legal Status Report as at 28 February 2022

REFERENCE F2021/03410 - D08443882

REPORT OF Solicitor

3708

RESOLVED (Prociv/Wang)

That Council note the Legal Status Report as at 28 February 2022.

Note:

1. Councillor Darley returned to the Chamber at 8:21pm during the consideration of Item 16.1.

2. Councillor Garrard returned to the Chamber at 8:22pm during the consideration of Item 16.1.

16.2

SUBJECT Epping Laneways (Adjoining the development at 48-54 Beecroft Road and 52-54 Rawson Street, Epping) - Sale of Land

REFERENCE F2022/00105 - D08438003

REPORT OF Development Manager

3709

RESOLVED (Wearne/Maclean)

(a) That Council accepts the offer from DGS Epping Development Pty Ltd, as per the Letter of Offer dated 2 March 2022 (Attachment 1).

(b) That Council proceeds with the sale of Lot 100 DP 1274400, as per the Contract of Sale (Attachment 2).

(c) That upon exchange of contracts, Council provide landowner’s consent to the lodgement of a section 4.55 modification application which seeks the modification of DA/61/2018 to incorporate Lot 100 DP 1274400 into the DGS Epping Development.

(d) That the proceeds of the sale of land are allocated to road work associated with Epping Aquatic Centre in line with section 43 Roads Act 1993.

(e) Further, that the CEO is delegated authority to execute all documents in relation to this matter.

Procedural Motion

3710

RESOLVED (Esber/Noack)

That the meeting resume in Open Session.

17. REPORTS OF RESOLUTIONS PASSED IN CLOSED SESSION

The Chief Executive Officer read out the resolutions for Items 16.1 to 16.2.

18. CONCLUSION OF MEETING

The meeting terminated at 8:35pm.

THIS PAGE AND THE PRECEDING 12 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON MONDAY, 28 MARCH 2022 AND CONFIRMED ON MONDAY, 11 APRIL 2022.

Chairperson

Council 11 April 2022 Item 12.1

FOR NOTATION

ITEM NUMBER 12.1

SUBJECT Minutes of the Riverside Advisory Board Meeting held on 14 September 2021 and 24 November 2021

REFERENCE F2022/00105 - D08444577

REPORT OF Business Manager, Riverside Theatres

CSP THEME: WELCOMING

workshop/briefing date: NIL

PURPOSE:

The Riverside Advisory Board met on 14 September 2021 and 24 November 2021. This report provides a precis of the minutes of these meetings.

RECOMMENDATION

That Council note the Minutes of the Riverside Theatres Advisory Board Meetings on held 14 September 2021 and 24 November 2021. Full minutes for both meeting are attached as Attachment 1 and Attachment 2.

BACKGROUND

1. The Riverside Theatres Advisory Board is a voluntary Committee of interested community members, Council staff and Councillors. The current Committee membership as of 24 November 2021, comprised:

Ms Vyvienne Abla

Clr Donna Davis

Clr Bob Dwyer

Mr Jon Greig

Ms Rhonda Hawkins

Clr Andrew Jefferies

Mr Luke Mackey

Mr Alan Manly

Ms Keiasha Naidoo

Mr Vaughan Roles

Mr Carl Sciberras

Dr Jim Taggart OAM

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

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

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

RIVERSIDE THEATRES ADVISORY BOARD MEETING – 14 September 2021

Director’s Report

5. The Director’s Report was taken as read and accepted. The report included updates on the venue’s Operational status, Program highlights and postponement of shows into calendar year 2022, Covid Updates, People and Culture updates and Marketing updates. The full Director’s Report is included Attachment 3.

6. The Business Manager gave a Finance Overview for Riverside. Finance KPI’s were reviewed and commented upon. The detailed financial report is appended as Attachment 4.

Advisory Board – Revised Terms of Reference

7. The final draft Revised Terms of Reference, appended as Attachment 5, were presented, taken as read and accepted by the Board.

8. The Revised Terms were determined following the review carried out by the former Director of Riverside Theatres. The Revised Terms of Reference will now be provided to City of Parramatta’s Governance Team, to be incorporated into a wider review of the Advisory Committees of Council, the outcome of which will be considered by Council in early 2022.

Riverside Redevelopment Update

9. The 2021 Riverside Redevelopment Concept Proposal (as presented and discussed in the Council workshop on July 5^th) was presented for the Advisory Board’s information and comment.

10. The Director explained that the concept proposal has been scoped to establish a design and construction budget (excluding public domain) and to deliver on the goals and aspirations of the 2018 Reimagining Riverside Paper as endorsed by Council.

11. The Director advised the next steps included completion of a validated Reference Design, Functional Spec and QS derived cost plan to be presented to Council late in 2021.

RIVERSIDE THEATRES ADVISORY BOARD MEETING - 24 November 2021

Director’s Report

12. The Director’s Report was taken as read and accepted. The report included commentary and plans for post-Covid Reopening, Venue Operations, updated Program highlights, Covid Plan and management updates and a People and Culture updates. The full Director’s Report is included as Attachment 6.

13. The rough sleeper situation on the front of Riverside loggia has been addressed to a satisfactory resolution. The solution was a joint effort from CoP Social & Community Services team, City Safe, Regulatory and Cleansing team. The plan included actioning a major clean-up of the area, working with and supporting the rough sleepers to seek alternate locations as they were blocking fire exits and the public thoroughfare.

14. The Business Manager gave a Finance Overview for Riverside. All Finance KPI’s were reviewed and are included in Attachment 7.

RIVERSIDE REDEVELOPMENT

15. The Director updated the board on Riverside Re-development concept proposal, Council approved a next iteration of the development process, taking the concept proposal out to architects and coming up with three keys items: a validated reference design, a detailed functional brief, and a detailed cost plan.

Cessation of 7th Riverside Advisory Board

16. The meeting represented the last meeting of the current Riverside Advisory Board. As previously reported, new Terms of Reference for all Council Advisory Committees will be considered by Council in early 2022.

CONSULTATION & TIMING

Stakeholder Consultation

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

Date	Stakeholder	Stakeholder Comment	Council Officer Response	Responsibility
14^th September 2021 and 24^th November 2021	Community Members of the Advisory Board	Comments are recorded in the Minutes of the Meetings attached to this report	n/a	Riverside Theatres / Community Services / Craig McMaster

Councillor Consultation

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

Date

Councillor

Councillor Comment

Council Officer Response

Responsibility

14^th September 2021 and 24^th November 2021

D Davis

B Dwyer

A Jefferies

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

n/a

Riverside Theatres / Community Services / Craig McMaster

LEGAL IMPLICATIONS FOR COUNCIL

19.

FINANCIAL IMPLICATIONS FOR COUNCIL

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

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

Funding Source

CAPEX
CAPEX
External
Internal
Other
Total CAPEX

Funding Source

Sainesh Moss

Business Manager, Riverside Theatres

Craig McMaster

Director - Riverside Theatres

John Angilley

Chief Finance and Information Officer

Jon Greig

Executive Director Community Services

Brett Newman

Chief Executive Officer

Attachments:

1 ⇩	Minutes Riverside Theatre Board Meeting - 14 September 2021	6 Pages
2 ⇩	Minutes Riverside Theatre Board Meeting - 24 November 2021	6 Pages
3 ⇩	Director's Report - 14 September 2021	8 Pages
4 ⇩	Finance Report - 14 September 2021	10 Pages
5 ⇩	Riverside Theatre Advisory Committee - Terms of Reference	5 Pages
6 ⇩	Director's Report - 24 November 2021	5 Pages
7 ⇩	Finance Report - 24 November 2021	10 Pages

REFERENCE MATERIAL

Council 11 April 2022 Item 12.2

FOR NOTATION

ITEM NUMBER 12.2

SUBJECT Response to Notice of Motion - Wentworth Point Mobile Coverage

REFERENCE F2022/00105 - D08463008

REPORT OF Senior Project Officer

CSP THEME: FAIR

workshop/briefing date: Nil

PURPOSE:

This report provides Council with a summary of responses to letters sent to telecommunication companies and NSW Government regarding Wentworth Point mobile service.

RECOMMENDATION

That Council receive and note the contents of this report.

BACKGROUND

1. Council resolved (Minute No. 3343, 26 July 2021) to write to the Chief Executive Officers of Telstra Corporation, Singtel Optus and TPG Community, seeking updated information on their planned and existing Australian Mobile Network Base Stations. The resolution also included a request to the Department of Planning Infrastructure and the Environment (‘DPIE’) that activations of mobile base stations be included in the Greater Parramatta and Olympic Peninsula Smart Cities Plan.

2. At the Council meeting of 14 March 2022 (Minute No. 3715) Council resolved to receive a report on the response to the letters and to that CEO and Lord Mayor write letters to the federal minister and shadow minister on the on-going issues relating to mobile service in Wentworth Point. These letters are expected to have been sent by the time these papers are published. Council expressed an intention to work with the telecommunications companies to resolve the issues as a part of this motion.

3. The following provides a summary of responses and the full responses from Optus and Telstra (with personal details redacted) are attached with permission:

Entity	Response
DPIE	Director of Smart Places Program responded, informing that the request aligns with the strategy. DPIE expressed that they had a desire to continue working with Council on this issue. The exact location of stations are commercial decisions and cannot be made by DPIE.
Singtel Optus	VP Regulatory and Public Affairs responded noting that a new site for a mobile tower at Wentworth Point is currently scheduled to be online in January 2023.
Telstra	CEO responded, advising that Telstra is actively looking to install a new Macro Base Station in Wentworth Point. No timeline is possible at this stage, however a contact between Council and Telstra has been established for ongoing updates.
TPG Community	No response received.

4. The responses from Singtel Optus and Telstra are attached with the permission of the bodies.

ISSUES/OPTIONS/CONSEQUENCES

5. The responses received indicate that the issues with mobile coverage are identified and there is work being undertaken to increase coverage in the area.

CONSULTATION & TIMING

Stakeholder Consultation

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

Date	Stakeholder	Stakeholder Comment	Council Officer Response	Responsibility
Nil

Councillor Consultation

7. 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

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

FINANCIAL IMPLICATIONS FOR COUNCIL

9. There are no unbudgeted financial implications for Council’s budget.

10. 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	Nil
Total Revenue	Nil	Nil	Nil	Nil

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

Josh Jongma

Senior Project Officer

John Angilley

Chief Finance and Information Officer

Nicole Carnegie

Group Manager, City Strategy

Brett Newman

Chief Executive Officer

Attachments:

1 ⇩	Response from Optus Singtel	1 Page
2 ⇩	Response from Telstra	1 Page

REFERENCE MATERIAL

Council 11 April 2022 Item 12.3

FOR NOTATION

ITEM NUMBER 12.3

SUBJECT Council Decision Making

REFERENCE F2022/00105 - D08385480

REPORT OF Governance Manager

csp theme: FAIR

workshop/briefing date: NIL

PURPOSE:

The purpose of this report is to advise Council on what matters are required to be considered by Council.

RECOMMENDATION

That the report be received and noted.

BACKGROUND

1. At the 26 August 2019 Council Meeting, Council was presented with a report on matters that require Council decision. This report was in response to a Matter of Urgency seeking a report on what strategic matters and matters of community and Council interest are required to be assessed by Council.

2. Noting the recent Local Government Elections on 4 December 2021, and considering more than half of the Chamber are new Councillors, it is deemed timely to provide advice to Councillors on what matters are required to be considered by Council and to set the expectations for matters contained within Council Meeting agendas throughout the term of Council.

ISSUES/OPTIONS/CONSEQUENCES

3. A review of relevant legislation and agency guides has revealed a detailed list of all matters that require Council approval. The list is provided below for Council notation:

Procedural matters to be resolved by Council (pursuant to Code of Conduct, Code of Meeting Practice, and other agency guidelines)

· Oath or affirmation of office (at the first Council Meeting after the Councillor is elected)

· Adoption of minutes of previous Council Meetings

· Permission to attend Council Meetings via remote means

· The acceptance of an apology and the granting of leave of absence for that or future meetings

· Lord Mayoral Minutes

· Matters of Urgency

· Notices of Motions

· A motion to accept and refer petitions tabled at Council Meetings

· Motions / amendments during Council meetings

· Rescission Motions

· Moving into Closed Session of a Council Meeting

· Amendments to meeting schedule (other than calling of Extraordinary Council Meetings)

· Tabling returns of interests of Councillors and designated persons in written forms

· Expulsion of a Councillor or another person from a Council Meeting

· Councillor remuneration and superannuation

Legislative matters to be resolved by Council (pursuant to the Local Government Act 1993, Local Government (General) Regulations 2021, Environmental Planning & Assessment Act 1979 and other relevant legislation)

Council Matters

· Election of Lord Mayor for a period of 2 years

· Election of Deputy Lord Mayor for a period of 2 years or a lesser term

· Confirmation of number of Councillors no less than 12 months out from the date of the next ordinary Council elections

· The reduction in the number of Councillors

· Appointment of Councillors to Committees (term to be determined)

· The decision that any vacancy that occurs in office be filled by a countback of votes cast at the last election for that office

· The decision on who will conduct elections

· Appointment of NSW Electoral Commission to administer elections

· Conducting a Council Poll or constitutional referendum

· Proposal to conduct elections solely by postal voting

· The making of an application, or the giving of a notice, to the Governor or Minister

· The establishment or disbandment of Committees

· Report of decisions made by the Lord Mayor / CEO between meetings

· The decision to introduce or abolish a service of Council

· Formally censure a Councillor for misconduct

· Annual report on obligations of an agency under GIPA to be provided to the Information Commissioner and Minister for Local Government (provided via Annual Report)

· Report on Code of Conduct complaint statistics to be provided to the Office of Local Government

· Report on the details of content or induction and ongoing professional development training offered to the Lord Mayor and Councillors and whether the Councillor participated, and include in annual report to the OLG (provided via Annual Report)

· The decision to make an application to the Minister to abolish all wards

· The decision to make an application to the Minister to reduce the number of Councillors

· The general power of the Council to delegate any function other than those identified in s377 of the LG Act to the General Manager

· The decision to delegate to any other person or body (not including another employee of the Council) any function delegated to the Council except the instrument of delegation to the Council

· The decision to delegate functions to a joint organisation

· The decision to delegate regulatory functions to a joint organisation

· The decision for a Council’s area to be included in the joint organisation area

· Applications for public-private partnerships

· The decision to refer an allegation of misconduct by a Councillor to the Departmental Chief Executive

Personnel Matters

· The appointment of the General Manager

· The appointment of staff to exercise functions of the General Manager until a General Manager is appointed

· The number of senior staff positions and functions (by definition, anyone on a senior staff contract)

· The determination or re-determination of the organisation structure within 12 months after any ordinary Council election

· Final terms of workplace agreements and industrial agreements

· Application by General Manager to engage in private employment or contract work outside of service of Council

· Application to Minister for payment of termination of employment

· The making of an application, or the granting of a notice, to the Governor or Minister

Strategic Matters

· Endorsement of a community strategic plan

· Endorsement of a resourcing strategy

· Endorsement of the State of the Environment report

· Endorsement of the Community Engagement Strategy

· Following ordinary election of Councillors, review the Community Strategic Plan before 30 June following the election, to endorse the existing plan, endorse amendments to the existing plan or develop and endorse a new Community Strategic Plan

· Progress reports (at least every 6 months) on the delivery program

· Adoption of an operational plan

· End of term report in the year in which an ordinary election of Councillors is held (included in the annual report)

· Establish a delivery program after each ordinary election of Councillors for the following four-year period

Policy Matters

· The adoption of a payment of expenses and provision of facilities policy within the first 12 months of each Council term

· Adoption of a Code of Conduct

· Adoption of a Code of Meeting Practice

· The adoption of a Council seal

· The affixing of a Council seal

· Review delegations to the General Manager within 12 months after any ordinary Council election

· Review Council adopted Code of Conduct within 12 months after any ordinary Council election

· Adoption of draft local approvals and orders policies

· Adoption of Council policies to place on public exhibition

· Adoption of final Council policies

· Prepare and implement an equal employment opportunity management plan

Financial Matters

· The making of a rate

· The determination under s549 as to the levying of a rate

· The making of a charge

· The fixing of a fee

· The decision to borrow money

· Reports on budget process and variances where actual income or expenditure of Council is materially different from its estimated income / expenditure

· Voting of money for expenditure on its works, services or operations

· The acceptance of tenders to provide services currently provided by members of staff of the Council

· The adoption of a financial statement included in an annual financial report

· The fixing of an amount or rate for carrying out work on private land by the Council

· A decision under s356 to contribute money or otherwise grant financial assistance to persons

· The adoption of a financial statement included in an annual financial report

· The decision to not proceed with a tender

· Reports on Council investments

· Setting a minimum delegation for the write-off of Council debts

· The decision to write-off debts of Council (amounts above delegation)

· Expenditure in excess of $500k (in accordance with the Local Government Tendering requirements) for unlisted / unbudgeted works

· Setting a minimum delegation for the refund of fees

· Refund of fees greater than delegations or requiring Council resolution

· The sale of land for unpaid rates and charges

· Entering into a contract where, because of extenuating circumstances, remoteness of locality or the unavailability of competitive or reliable tenderers, a council decision that a satisfactory result would not be achieved by inviting tenders

· The decision to contribute money or grant financial assistance to persons for the purpose of exercising its functions

Regulatory Matters

· The power of the Council to authorise the use of reasonable force for the purpose of gaining entry to premises under s194

· Establishment of alcohol free zones

· A review of a determination made by the council, and not a delegate of the council, of an application for approval or an application that may be reviewed under s82A of the EP&A Act

· The adoption of a coastal management program under the Coastal Management Act 2016

Property / Planning Matters

· A decision to classify / reclassify Council land

· Classification of land dedicated in accordance with s7.11 of the EP&A Act

· Declaration of land being the site of known natural, geological, geomorphological, scenic or other feature that is considered to warrant protection or special management considerations

· Declaration of community land that Council declares that, because of the presence on the land of any item that the council considers to be of aboriginal, historical or cultural significance, the land is an area of cultural significance

· The adoption of plans of management for community land

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

· Closure of public roads

· Report by Trust Manager of the performance of Crown Land

· Proposals for boundary adjustments

· Naming or renaming roads

· Consideration of submissions made for any proposal to lease, licence or other estate in respect of community land, prior to granting the lease, licence or other estate

· The dedication or transfer of land to Council

· LEPs

· DCPs

· Types of development on community classified land

· Development contribution plans

· Planning agreements

· Planning proposals

· Housing Strategies

· Plans of Management

· Masterplans

· Public Domain plans

Other Matters (without a legislative requirement) (considered best practice)

· Information reports to Council on significant legal matters where Council is a party to significant legal proceedings

· Change in Council corporate identity (ie, name, logo, branding, etc)

· The nomination of motions to various Local Government industry conferences

· Submissions to government agencies (ie, OLG, DPIE, IPART)

· Formal position of Council on Local Government reform / changes

· Appointment of membership to Council and external Committees

· The adoption of Council’s Ordinary Meeting schedule

· The attendance of Councillors to conferences

CONSULTATION & TIMING

Stakeholder Consultation

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

Date	Stakeholder	Stakeholder Comment	Council Officer Response	Responsibility
Nil

Councillor Consultation

5. 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

6. There are no legal implications for Council associated with this report. Any legal requirements associated with seeking a specific decision from Council will be detailed in individual reports for Council consideration.

FINANCIAL IMPLICATIONS FOR COUNCIL

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

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

Funding Source	NA

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

Funding Source	NA

CAPEX
CAPEX
External
Internal
Other
Total CAPEX	Nil

Patricia Krzeminski

Governance Manager

John Angilley

Chief Finance and Information Officer

Brett Newman

Chief Executive Officer

Attachments:

REFERENCE MATERIAL

Council 11 April 2022 Item 13.1

FOR COUNCIL DECISION

ITEM NUMBER 13.1

SUBJECT Advisory Committees of Council

REFERENCE F2022/00105 - D08385551

REPORT OF Governance Manager

csp theme: FAIR

workshop/briefing date: Councillor Induction Session: 10 March 2022

PURPOSE:

The purpose of this report is to seek Council’s approval to establish advisory Committees, adopt Terms of Reference and appoint Councillor representatives to each Committee.

RECOMMENDATION

(a) That Council note the previous resolutions of Council to establish the Finance Committee and Policy Review Committee and the appointment of Councillors on those Committees at the Council Meetings of 21 February and 14 March 2022 as set out in Attachments 1 and 2.

(b) That Council note the previous resolution of Council to appoint Councillor representation on statutory committees and external bodies at the Council Meeting of 14 March 2022 as set out in Attachment 2.

(c) That Council note the appointment of three (3) independent members to the Major Projects Advisory Committee on the terms outlined in the current MPAC Service Agreement, with the expiration for one member in 2022 and for two members in 2024.

(d) That Council note that the following Committees are not recommended to be established at this time:

1. Bushland and Environment Advisory Committee;

2. Parramatta Light Rail Advisory Committee.

(e) That Council approve the establishment of the following advisory committees and consider Councillor representation for the current term of Council:

Name of Committee	Councillors	Executive Staff	Community Representatives
5/7 Parramatta Square Advisory Committee Note: Recommended to be established for a fixed term period to end 2022.	Lord Mayor + 4 Councillors	Executive Director, Community Services Executive Director, Property & Place	Nil
Access Advisory Committee	Councillors as ex-officio members	Nil	Twelve (12)
Active Transport Advisory Committee	Councillors as ex-officio members	Nil	Twelve (12)
Citizen of the Year Awards Committee	Lord Mayor (or delegate), Deputy Lord Mayor (or delegate)	Nil	Parramatta Adult Citizen of the Year and two (2) citizen representatives
First Nations Advisory Committee	Councillors as ex-officio members	Nil	Thirteen (13)
Grants Committee	5 Councillors	Executive Director, Community Services	Nil
Heritage Advisory Committee	Councillors as ex-officio members	Nil	Fourteen (14)
Public Art & Heritage Interpretation Advisory Committee	3 Councillors	Executive Director, Community Services	Nil
Riverside Theatres Advisory Committee	4 Councillors	Chief Executive Officer (or delegate)	Eight (8)
Smart Cities Advisory Committee	Lord Mayor + 1 Councillor	Nil	Five (5)

(f) That Council approve the Terms of Reference set out at Attachment 3 including:

i. Specific purpose, scope, and membership of advisory committees; and

ii. Generic terms of reference provisions applicable to all advisory committees.

(g) Further, that expressions of interest be advertised for advisory committees that have community representative vacancies and a report on the appointment of community representatives be brought to Council for approval.

BACKGROUND

1. Council also known as the governing body receives information and advice in many forms to make decisions. One of the many ways Councillors are informed are through various committees.

2. Committees may be formed in a variety of ways. Committees may be given delegated powers to exercise a function of the Council, or may be formed in an advisory capacity only:

a) Council may form a committee under section 355(b) Local Government Act 1993. A section 355 committee is a formal committee of Council consisting of only Councillors or a mix of Councillors and the CEO. This type of committee is set up to exercise a function of Council and must be conducted in accordance with the Code of Meeting practice. A section 355 committee can have decision making powers and is required to produce formal agendas, business papers and minutes, as well as be webcast to the public unless considering matters.

b) Council may also form a committee under section 377 Local Government Act 1993. These committees are usually created to perform certain functions of the Council (such as managing a public hall or other property). The committees usually consist of community members only or a mix of community members and Councillors. The Council can delegate decision making powers to the committee.

c) Council may also form advisory committees; these committees do not have any delegated powers and can only provide recommendations to Council. This committee must consist of at least one non-councillor member. If the committee consists of only Councillors, it is a committee as outlined in part a) and would be subject to the Code of Meeting Practice.

3. Council in its most recent years has only formed advisory committees. Advisory Committees are committees formed by Council that have a general objective of advising Council on the needs or issues of the community and to inform Council’s decision making and work relating to our community.

4. Each advisory committee seeks to advise on a particular area of expertise, issue, or area of community interest. Some advisory committees are required by legislation or government directive, however most advisory committees are convened due to Council’s interest in the issues raised at these meetings. Council’s advisory committees have no decision-making powers and provide advice and recommendations only.

5. The Lord Mayor and number of Councillors for each advisory committee recommended in this report arises out of the historical establishment of each advisory committee. The number of community representatives for each advisory committee recommended in this report also arises from the historical establishment of each advisory committee.

6. All Councillors are ex-officio members (by virtue of office) of all advisory committees and may contribute to each meeting as permitted by the Committee Chair. Ex-officio members are non-voting members of advisory committees.

7. The Chief Executive Officer and/or the respective Executive Director has been appointed to a number of internal advisory committees to assist in providing advice to make informed decisions.

8. This report seeks to establish advisory committees of Council and appointed Councillor representation as required. It is noted that a report on the establishment of Park Committees is anticipated to be presented to Council by June 2022.

ISSUES/OPTIONS/CONSEQUENCES

9. An overview of each of the advisory committees, the objective and number of Councillors / community representatives required for appointment is listed below:

5/7 Parramatta Square Advisory Committee

Membership: Lord Mayor of the day + Four (4) Councillors, Executive Director Community Services and Executive Director Property & Place

Meeting Frequency: As required

Responsible Directorate: Property & Place

The objective of the 5/7 Parramatta Square Advisory Committee is to guide the continued progress of the current design, construction, and business readiness activities of 5 and 7 Parramatta Square.

The Committee membership comprises four (4) Councillors, the Executive Director Community Services, and the Executive Director Property & Place.

Although the Committee during the previous term of Council met monthly, it is noted that the construction of Phive (5 Parramatta Square) is almost complete. It is therefore proposed to re-establish the Committee for a fixed period to the end of 2022, and to hold meetings as required.

Access Advisory Committee

Membership: Twelve (12) community representatives, Councillors as ex-officio members

Meeting Frequency: Bi-monthly

Responsible Directorate: Community Services

The objective of the Access Advisory Committee is to advise Council on the access needs of people with disability and access related issues and to provide advice, input and feedback on Council’s business relating to people with disability and access related issues.

The Committee membership comprises twelve (12) community representatives that meet at least one of the following criteria:

- People with a disability who live, work or study in the Parramatta LGA.

- People employed by a disability service provider in the Parramatta LGA.

- People with a demonstrated qualification/ competency/ knowledge of legislative requirements such as the Disability Discrimination Act 1992.

Councillors are ex-officio members of the Committee.

Meetings are to be held bi-monthly.

Active Transport Advisory Committee

Membership: Min five (5) and max twelve (12) community representatives, Councillors as ex-officio members

Meeting Frequency: Bi-monthly

Responsible Directorate: City Planning & Design

The objective of the Active Transport Advisory Committee is to advise Council on matters relating to active transport including best practice planning and design and behavioural change strategies and to provide advice, input and feedback on Council’s business related to active transport.

The Committee membership comprises a minimum of five (5) and a maximum of twelve (12) community representatives meeting the following criteria:

- People who live, work or study in the City of Parramatta LGA;

- People who are members of a peak body, user group or club active within the City of Parramatta LGA.

Councillors are ex-officio members of the Committee.

Meetings are to be held bi-monthly.

Bushland & Environment Advisory Committee

It is not recommended to establish an advisory committee on this topic at this time.

Citizen of the Year Awards Committee

Membership: Lord Mayor (or delegate), Deputy Lord Mayor (or delegate), current Parramatta Adult Citizen of the Year and two citizen representatives

Meeting Frequency: Annually in December

Responsible Directorate: City Engagement & Experience

The objective of the Citizen of the Year Awards Committee is to review, assess and select award recipients of the Citizen of the Year program.

The Committee membership comprises the Lord Mayor (or delegate), Deputy Lord Mayor (or delegate), the current Parramatta Adult Citizen of the Year and two citizen representatives selected based on their stated experiences, skills, and interests of relevance to the panel with the following guiding principles:

- inclusive membership to ensure a diversity of views;

- experienced track record of engagement with the local community; and

- principal place of residence, educational institution or employment is within the City of Parramatta LGA.

Meetings are to be held annually in December.

Finance Committee

Membership: Five (5) Councillors + two (2) Councillor Alternate, Chief Executive Officer and Chief Finance and Information Officer

Meeting Frequency: Monthly

Responsible Directorate: Chief Finance & Information Officer

To provide financial analysis, advice and oversight of Council’s budget to ensure that the organisation is operating with the financial resources required to provide agreed programs and services to the community.

The Committee membership comprises five (5) Councillors, two (2) Councillor Alternates, the Chief Executive Officer and the Chief Finance and Information Officer.

It is noted that Council resolved at its meeting of 7 February 2022 to appoint the following Councillors to the Committee:

- Cr Pandey, Deputy Lord Mayor

- Cr Bradley

- Cr Garrard

- Cr Maclean

- Cr Wearne

- Cr Darley (Alternate)

- Cr Siviero (Alternate).

Meetings are held monthly.

First Nations Advisory Committee

Membership: Thirteen (13) members identifying as First Nations, Councillors as ex-officio members

Meeting Frequency: Bi-monthly

Responsible Directorate: Community Services

A review of the Aboriginal & Torres Strait Islander Advisory Committee of the previous term of Council was undertaken by an external First Nations consultant at the request of the Executive Director. The review considered current best practice in engaging First Nations communities and made recommendations to inform the redrafting of the terms of reference governing the Committee. The recommendations included:

- Renaming the Committee to ‘First Nations Advisory Committee’ to realign with the most current terminology;

- Limiting the composition of the committee to exclusively First Nations people;

- Restricting the number of consecutive terms a member can be on the committee; and

- Recommendations relating to strengthening engagement between the Committee and the First Nations community within the LGA.

The review showed merit in the committee being reconvened and identified opportunities to improve effectiveness but reinforced the ongoing importance of First Nations engagement and advice in the conduct of Council business to advance the interests of First Nations communities and to promote knowledge and understanding of First Nations culture, history, achievement and ongoing challenges.

The Committee membership comprises thirteen (13) First Nations members who live, work, study or are otherwise connected to the Parramatta LGA. Applications for membership are particularly encouraged from young people, Elders and the Dharug community.

Meetings are to be held bi-monthly.

Grants Committee

Membership: Five (5) Councillors and the Executive Director, Community Services

Meeting Frequency: As required

Responsible Directorate: Community Services

The objective of the Grants Committee is to provide advice and guidance on the design of grant programs and to receive the outcomes of assessment processes of major grant programs and provide recommendations for the consideration of Council consistent with the roles and responsibilities described within the Grants and Donations Policy, Grants and Donations Procedures and Grant Program Guidelines.

The Committee membership comprises at least five (5) Councillors and the Executive Director, Community Services, or their delegate.

Meetings are to be held as required.

Heritage Advisory Committee

Membership: Up to fourteen (14) Community representatives, Councillors as ex-officio members

Meeting Frequency: Bi-monthly

Responsible Directorate: City Planning & Design

The objective of the Heritage Advisory Committee is to develop is to provide advice on items of heritage significance within the LGA, provide strategic advice regarding heritage preservation in planning matters and the administration of the Heritage Assistance Grants.

The Committee membership comprises at least eight (8) and a maximum of fourteen (14) community members with a proven commitment, sensitivity, and understanding of issues relating to heritage in the LGA, as well as:

- Live, work or study in the Parramatta LGA; and/or

- Be an employee or member of an organisation whose primary function relates to the preservation of heritage.

Councillors are ex-officio members of the Committee.

Meetings are to be held Bi-monthly.

Parramatta Light Rail Advisory Committee

Membership: Ten (10) community representatives, Councillors as ex-officio members

Meeting Frequency: Quarterly

Responsible Directorate: City Planning & Design

The objective of the Parramatta Light Rail (PLR) Advisory Committee was to provide feedback from stakeholders effected by the Parramatta Light Rail.

It is noted that during the previous term of Council, the Committee had not met since 2019 due to the amount of value that the Committee was providing to the local businesses. It is noted that the Committee had the same purpose as the PLR Business Reference Group (external body) administered by Transport for NSW. Transport for NSW had undertaken several EOIs for membership to the Business Reference Group and any member of Council’s PLR Committee has had the opportunity to join the Business Reference Group.

With the new term of Council, it has been requested to re-establish this Committee with a focus on the PLR Stage 2 project. However, as the final plans of the second stage of the Parramatta Light Rail project has not yet been approved by the State Government, it is recommended that the advisory committee not be established until such time as the State Government announces the project.

Council will continue to advocate for the Parramatta Light Rail Stage 2 project to the State Government on behalf of the community.

Policy Review Committee

Membership: Lord Mayor of the day + five (5) Councillors, Chief Executive Officer and Chief Finance & Information Officer

Meeting Frequency: Monthly

Responsible Directorate: Chief Finance & Information Officer

The objective of the Policy Review Committee is to review Council policies prior to approval by Council.

The Policy Review Committee has assisted in the review process for policies approved by Council. The scope of the Committee will be revised to enable the Committee to review policies once (unless significant issues are identified) before being brought to the Chamber for approval.

It is noted that Council resolved at its meeting of 14 March 2022 to appoint the following Councillors to the Committee:

- Cr Davis, Lord Mayor

- Cr Pandey, Deputy Lord Mayor

- Cr Garrard

- Cr Prociv

- Cr Valjak

- Cr Wearne

- Cr Darley (Alternate).

Meetings are held monthly.

Public Art & Heritage Interpretation Advisory Committee

Membership: Three (3) Councillors and Executive Director, Community Services (or delegate)

Meeting Frequency: As required

Responsible Directorate: Community Services

The objective of the Public Art & Heritage Interpretation Advisory Committee is to assist in providing strategic guidance through the public commissioning and the heritage interpretation design for major projects delivered by Council.

It is proposed that the Committee meet where there are active public art and/or heritage interpretation projects that require consideration.

The Committee membership will comprise of three (3) Councillors and the Executive Director, Community Services (or delegate).

Meetings are to be held as required.

Riverside Theatres Advisory Committee

Membership: Four (4) Councillors, eight (8) community representatives and the Chief Executive Officer (or delegate)

Meeting Frequency: Bi-monthly

Responsible Directorate: Community Services

The objective of the Riverside Theatres Advisory Committee is to provide advice in relation to community, culture and the theatre industry.

The Committee membership will comprise of four (4) Councillors, eight (8) community representatives and the Chief Executive Officer (or delegate).

Meetings are to be held bi-monthly.

Smart Cities Advisory Committee

Membership: Lord Mayor of the day + One (1) Councillor and five (5) independent representatives

Meeting Frequency: Quarterly

Responsible Directorate: City Strategy

The objective of the Smart Cities Advisory Committee is to provide a trusted sounding board and independent advice to Council on the foundational principles and guiding frameworks to ensure the long-term development of Parramatta as a Smart City and Parramatta as an innovative Council and to guide innovation. Other contributions from the Committee include:

- Consideration of Federal and State government’s commitment and funding toward digital services, innovation and transformation, and providing advice on maximising Parramatta’s benefits from this interest;

- Generating and assisting to refine and prioritise proposals that will underpin Parramatta’s Smart City transformation;

- Provide advice on industry trends and potential project risks for the program;

- Provide strategic, integrated advice to ensure that technology solutions benefit citizens, customers and the public of Parramatta City;

- Assist Council to deliver actions aligned to Council’s Smart City Masterplan, Digital Transformation Strategy, and ICT Strategy. It is proposed that the Committee meet where there are active public art and/or heritage interpretation projects that require consideration.

A 23 May 2016 resolution of Council resolved to provide a $5,000 (ex GST) per annum payment to public members of the Committee. It is noted that the monetary payment was not provided to Councillor representatives. It is a matter for Council if they wish to continue the member payment for this Committee.

The Committee membership will comprise of two (2) Councillors and five (5) independent representatives appointed through an expression of interest process.

Meetings are to be held quarterly.

CONSULTATION & TIMING

Stakeholder Consultation

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

Date	Stakeholder	Stakeholder Comment	Council Officer Response	Responsibility
Various	Various business units across Council	Requested to provide feedback on the effectiveness of advisory committees and whether to re-establish for the new term.	Noted – presented to Councillors for consideration.	Governance

Councillor Consultation

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

Date

Councillor

Councillor Comment

Council Officer Response

Responsibility

10 March 2022

Various (Councillor Induction Session, 10 March 2022)

Generally supportive of the establishment of all advisory committees of the previous term of Council, with slight variations.

Generally supportive of the establishment of two new advisory committees.

Noted. The advisory committees are contained within the report and are recommended for establishment.

Governance

LEGAL IMPLICATIONS FOR COUNCIL

12. There are no legal implications for Council associated with the establishment of advisory committees.

FINANCIAL IMPLICATIONS FOR COUNCIL

13. Should Council resolve to re-establish advisory committees in accordance with the recommendation outlined above, a high level estimate of the average costs per annum of the all advisory committees of Council (including those already established) is set out below:

Total Number of advisory committees (nb: including committees already established)	21
Number of staff hours per meeting (estimated on average) (agenda / meeting preparation, preparing for attendance, attendance, secretariat, follow up)	13
Total number of staff hours for advisory committees per annum	1,924
Average cost per meeting (CEO, Executive Director, Group Manager, Technical Staff and Secretariat attendance)	$4,103
Total Staff Cost for advisory committees	$391,909

Assumptions
8 hours agenda / meeting preparation	Service Manager / Technical Expert
9 hours pre meeting, attendance and post meeting	Secretariat
1 hour meeting preparation	CEO, Executive Director, Group Manager
3 hours meeting attendance	All attendees
1 hour meeting follow up	All attendees

14. It is noted that the above costs are provided for within existing staff resourcing budgets.

15. Should Council resolve to re-establish the Smart Cities Advisory Committee with paid independent members, the annual cost is in the order of $25,000 (ex GST) and is provided for within the current City Strategy adopted budget.

16. 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	NA

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

John Angilley

Chief Finance and Information Officer

Brett Newman

Chief Executive Officer

Attachments:

1 ⇩	Resolution of Council dated 21 February 2022 to establish the Finance Committee	1 Page
2 ⇩	Resolution of Council dated 14 March 2022 for Councillor Representation on Statutory Committees and External Bodies	2 Pages
3 ⇩	Terms of Reference for Advisory Committees	25 Pages

REFERENCE MATERIAL

Council 11 April 2022 Item 13.2

FOR COUNCIL DECISION

ITEM NUMBER 13.2

SUBJECT Abandoned Shopping Trolley Trial Outcome Report

REFERENCE F2022/00105 - D08426713

REPORT OF Group Manager Regulatory Services

CSP THEME: INNOVATIVE

workshop/briefing date: NIL

PURPOSE:

The purpose of this report is to respond to the council resolution of 13 July 2020 detailed in paragraph three below. As a result of a series of Notices of Motion from 2018 onwards, Council has been investigating various approaches and strategies to deal with the complex problem of abandoned shopping trolleys. It should be noted that this report has been delayed due to the impacts of Covid and long leave of Council staff. This report brings together the overall results of the extensive investigation of the approaches used across Councils and the outcome of the trial, which was conducted between September 2020 and March 2021, which involved using Council resources to identify and impound trolleys.

RECOMMENDATION

(a) That Council note a trial was undertaken to improve the rate of collection of abandoned trolleys and included:

i. impounding trolleys (abandoned for more than 48 hours) until payment of release fees;

ii. identifying abandoned trolleys and issuing PINS;

iii. reporting abandoned trolleys via alerting the relevant third party trolley tracker/collection services.

(b) That Council endorse continuing reporting abandoned trolleys by council officers via the relevant trolley tracker/collection services and Council note, based on the trial, where [94%] of trolleys reported via the app were collected within 48 hours, it is an effective measure.

(c) That Council not continue the trial of impounding or identifying abandoning trolleys and issuing PINS because they are not viable due to:

i. the high cost of collection and lack of available space for storage;

ii. administration requirements of the Impounding Act.

iii. Lack of enforceability of the PINs

(d) That Council note, to assist the community and provide better customer service, external complaints for abandoned shopping trolleys will be entered into the Trolley Tracker App by Council staff.

(e) Further, that Council note staff will advocate to retail stores that have shopping trolleys to sign up to a Trolley Tracker App or equivalent platform.

BACKGROUND

1. At the Council meeting held on 26 February 2018, the following Notice of Motion was resolved:

(a) That Council investigates its legal options, developing a formal policy to outline Council’s approach to abandoned or unattended trolleys in the Parramatta LGA.

(b) That Council, as part of this policy, implement a one-year trial program for the collection of abandoned shopping trolleys as part of its 2018/19 Operational Plan and Budget.

(c) That a report be brought back to Council that investigates the feasibility of introducing standard Conditions of Consent for local businesses where shopping trolleys are used to ensure effective trolley management systems, which may include Deposit/Refund Schemes (coin operated trolley release bays) or Trolley Containment Systems (electronic wheel-lock) and alternative methods of disposal.

(d) Further, that Council meets with major retailers to investigate ways to address abandoned shopping trolleys, cost recovery options for the collection of shopping trolleys and public education opportunities.

2. Following this Notice of Motion, a report was provided to Council on 25 June 2018 containing information on the practices employed by both the City of Parramatta and other NSW Councils to manage abandoned shopping trolleys and the resources required to facilitate these. It was further resolved:

(a) That the Council does not proceed with a formal policy on the management of abandoned shopping trolleys, and instead improve education and promotion relating to reporting of trolleys to the responsible agents of collection.

(b) That Council enhance its education and engagement over the next 6 months through the measures and opportunities detailed in the body of this report.

(c) That Council strengthen the current standard Conditions of Consent for businesses where shopping trolleys are used to ensure effective trolley management systems are in place, including convening a meeting with business operators in the LGA that provide shopping trolleys.

(d) Further, that a report be brought back to Council after 12 months detailing:

i. The outcomes of the recommended enhancements and new approach in managing this issue.

ii. Cost of a collection and re-claim option for shopping trolleys.

3. Subsequently, 25 November 2019, it was resolved by Council:

That a report be brought to the Chamber for the first Council Meeting in 2020 containing:

(a) an update on all work that has been done to address the motions that have already been moved in this Chamber regarding shopping trolley management.

(b) any consultation that has been undertaken with neighbouring Councils on their trolley management strategies and policies, in particular, regulatory policies and education strategies that have been successfully implemented.

4. In July 2020, a report was brought to Council and the following was resolved:

(a) That Council note the information contained within this report:

(b) Further, that Council approves a six (6) month trial of issuing penalties for the non-collection of reported trolleys, and costs of the trial to be funded from existing operational budgets.

5. As a result of this resolution, Council introduced a six-month trial based on issuing penalties to operators for the non-collection of trolleys.

6. The trial consisted of dedicated patrols to identify abandoned trolleys in regular hotspots, reporting them to the owner (relevant Store Manager) and requesting the removal within 48 hours with monitoring to determine if compliance was gained. Non-removal of a reported abandoned trolley within 48 hours resulted in a Penalty Infringement Notice (PIN) being issued to the relevant Store Manager.

7. The trial consisted of two (2) Parking Patrol officers patrolling nominated suburbs daily, the suburbs were Parramatta, North Parramatta, Rosehill, and Carlingford. The trolleys were assigned an impound number and details such as owner/brand and location were recorded. An email was sent to an Admin staff member who emailed the storeowner and/or service provider of the location and a request made to remove the trolley within 48 hours or fines could apply. The 48 hour compliance period commenced at the time of emailing the relevant store. Daily patrols continued monitoring for the removal of reported and new abandoned shopping trolleys.

8. The results of the trial are as follows:

Table 1-Number of abandoned trolleys identified during the trial

Month of trial *	No. trolleys
September 2020	234
October 2020	204
November 2020	401
December 2020	245
February 2021	79
March 2021	107
Total	1270

*note: staff were not available to run trial in Jan 21

Parramatta		North Parramatta
Coles	117	Coles	212
Woolworths	466	Woolworths	0
Target	70	Target	0
Kmart	188	Growers	0
Country Growers	27
Total	868	Total	212
Rosehill		Carlingford
Coles	0	Coles	26
Woolworths	127	Woolworths	37
Target	0	Target	0
Growers	0
Total	127	Total	63

Table 2-Number of PINS issued during trial

Retailers that received PINs during trial	No. issued
Kmart Parramatta	22
Woolworths Parramatta	10
Coles North Parramatta	20
Coles Parramatta	9
Target Parramatta	8
Total	69

Table 3-Trial results of total trolleys removed within 48 hours of being reported abandoned

No. trolleys

% of total

Trolleys removed after reported abandoned, within 48 hours of the report

1,201

95%

Trolleys not removed after reported abandoned, within 48 hours of the report.

Total

1270

100%

ISSUES/OPTIONS/CONSEQUENCES

9. Council’s existing practice has been to issue the PIN to the Retailer and they would ensure their Store Managers remove the trolleys. This is the normal historical approach accepted by most local Councils however, during the course of the trial, Council received updated legal advice that this was not consistent with S32 of the Impounding Act 1993 which specifies that an item or article can only be abandoned by a “person”. This meant Council had to change its approach and advise the Retailers that PINs would be issued to the relevant “person” which in effect meant the Manager of the actual store where the trolley normally resided. The problem with this is that Council does not necessarily know the name or the address of the Manager making enforcement through the courts extremely difficult.

10. The trial revealed that should a trolley be reported to the relevant owner, in 95% of cases, it would be removed within 48 hours, despite the manifest problems in issuing PINs and enforcement under the Impounding Act 1993. It will be noted from Table 3 above that a total of 69 PINs were issued during the trial. Due to the problems identified, Council has withdrawn enforcement action in relation to all 69 PINs in table 3 above.

11. This is supported by the data for Woolworths who requested that their Trolley Tracker service be included in the notification email. Whilst Woolworths account for more than 50% of the trolleys reported, less than 2% of their trolleys remained in situ after the 48-hour compliance period. Compared to Coles Myer Group (including Target and Kmart) who did not request we contact their trolley removal service provider, who had 10% of their trolleys left in the public domain after reporting and accounted for over 85% of the fines issued. The issue here is that Woolworths is a subscriber and supporter of the Trolley Tracker App. Coles and the other retailers do not support the App and rely on their own trolley retrieval process, which does not use the Trolley Tracker App.

12. Council’s Waste and Sustainability Unit has been working collaboratively with major retailers in Parramatta, North Parramatta, Rosehill, Carlingford, and Epping shopping hubs to highlight the issue of trolley abandonment in the public domain.

13. Council wanted to understand their current trolley retrieval process and requested they review that service, to address the high number of abandoned trolleys in the community. Council provided information to the Store Managers relevant to the impact of the abandoned shopping trolleys, causing visual and physical impacts for both the environment and the community.

14. Council officers also discussed alternate control options with Supermarket Managers, such as electronic range locking devices and the use of coin locks. There was very little appetite by any of the stores to implement such devices due to the cost burden and that almost all had Shopping Trolley Recovery Teams operating with the Shopping Centres.

15. Council officers contacted other Councils with most having similar issues as Parramatta Council. Hornsby Council negotiated with the Hornsby Westfield Supermarkets to introduce a trial of electronic range locking devices.

16. The trial was stopped early due to the impact of the trolleys becoming range locked outside of most access points to the Westfield Centre. Westfield Centre management asked the supermarket operators to cease the trial, due to customers being impacted entering and leaving the Centre.

17. The outcome of all these talks has been the securing a priority reporting login for Council employees for the Trolley Tracker Service, the main service provider in the market.

18. Further to this, Council was notified in late October 2021 by Trolley Trackers to advise that they have completely rebuilt the App with the following additions:

· Improvement of the App’s user experience by making location services and mapping more accurate for Council officers.

· Improved easy to follow Instructions, plus a short instructional video exclusively for Council officers on YouTube.

· Provide Council’s with a unique code for reporting ‘High Priority’ Council reports through the new website and application.

19. These changes have been the result of pressure by City of Parramatta and City of Cumberland Councils for retailers to take greater responsibility for their trolleys and look to implement measures to contain trolleys to their property or ensuring an appropriate trolley recovery service is in place.

20. As a result of Council’s review, monitoring of the trial and liaising with other Councils, a new Development Consent condition was implemented and forwarded to the Development and Transport Services to assist with the management of shopping trolleys by Supermarkets.

21. As a result of these resolutions, a new consent condition has been developed.

“Prior to the issue of an Occupation Certificate, an operational plan of management is to be submitted to and approved by Council. At a minimum, the plan must:

(a) Incorporate a trolley containment system to contain trolleys to the premises (these could include coin/token operated systems, wheel locks activated by a radio signal or magnetic strip, radio signal transmitters on trolleys or other means)

(b) Include sufficient trolley bays within or adjacent to the premises (including its car park)

(c) Incorporate signage that trolleys should not be removed from the premises

(d) Provide adequate trolley collection services to ensure that unattended trolleys are collected in a timely fashion

(e) (e) Ensure that all trolleys are marked or labelled in such a manner that Council can easily ascertain the owner of the trolley (including the store responsible for its provision)

(f) Agree to a process of ongoing liaison with Council to ensure that Council's objectives regarding shopping trolley management and collection are being met

(g) Outline how and when the operator will remove general litter associated with the premises from any public places immediately adjoining or adjacent to the site.

Reason: To maintain the amenity of the surrounding area.”

22. This condition has not been used to-date, as there have not been any new Supermarket Development Applications or Modifications where Shopping Trolleys would or are being used.

23. It should also be noted, that the Findings and Recommendations of the Impounding Act Review commissioned by the Office of Local Government held in 2020 are yet to be released. Whilst we cannot know what changes, if any, will result from this review, given the limited powers the Act currently gives to Councils to address the widespread issue of trolley abandonment, it is expected that changes will be made and more effective measures to specifically address trolleys will be included.

24. Given the extensive costs associated with lost revenue (PIN revenue), actual resources, and vehicle costs to continue this allocation of specific abandoned shopping trolley patrols, it is recommended that this trial not be implemented on a permanent basis. With the imminent and possible significant improvements in the Trolley Tracker App, it would be beneficial for this to be advertised across Council’s current media formats (Pulse, Website and Social Media platforms and the Customer Service Centre).

25. It will be seen from Table 5 below that the actual cost of the trial when taking into account lost revenue, due to the revenue generating officers being deployed to the trial, and the actual employee costs, was $262,500. Table 5 shows that if the trial were to become an ongoing program then the real cost to council on an annual basis would be $525,000 of operational expenditure per annum.

Table 4-Actual costs associated with trial and potential further costs if continued

	FY 20/21	FY 21/22
Revenue
Internal Revenue
External Revenue (Parking PIN Revenue lost with alternate duties)	($175,000) Lost Fine Revenue	($350,000) Lost Fine Revenue
Total Revenue

Funding Source	N/A	N/A

Operating Result
External Costs
Employee Costs (2 x Parking Officers incl on costs)	$80,000	$160,000
Depreciation
Other – Pool Vehicle @ $30k per annum	$7,500	$15,000
Total Net Operating Result	($262,500)	($525,000)
	Actual cost of the 6 month trial	Annual cost that would have been incurred if trial was continued into 21/22
Funding Source	General Revenue	General Revenue

CAPEX	N/A	N/A

26. The improvements in the Trolley Tracker App, specifically the Council login and priority notifications will allow staff from Regulatory Services, Cleansing etc via their normal patrols and functions to report via the Abandoned Shopping Trolley APP. This would reduce the need for specific Council resources being allocated to the management of Abandoned Shopping Trolleys but assist in the removal of the trolleys in a reasonable timely manner.

27. Council officers will work with City Engagement and Experience to implement information notifications about the Abandoned Shopping Trolley App to be distributed across all of Council’s communication mediums.

28. In summary, during the trial, 69 PINs were issued and these had no material impact on the overall recovery of trolleys. Rather, the trial showed that the single most important action Council can take is to facilitate the timely reporting of the abandoned trolleys to the relevant Store Manager. Table 4 shows that 95% of reported trolleys were in fact collected within 48 hours by the relevant Retailer.

29. It is clear from the trial that impounding abandoned trolleys and fining the store operators is costly to Council and has minimal impact. In addition, stores are loath to implement coin operated recovery systems and, in any case, these systems do not materially reduce the problem.

30. Council has worked extensively with stakeholders with education activities and support however, the nub of the issue is that for the large retailers this is a commercial decision, so they will only devote minimal resources. Staff have worked with the DA teams to strengthen DA conditions however, these can only apply to new DAs not existing grocery retailers. Council has liaised extensively with metro Councils in relation to this problem and they report similar issues with no alternative viable approaches.

31. The trials however, have revealed that the retailers that support the Trolley Tracker App, are the most responsive and will collect 95% of wayward trolleys within 48 hours of being reported to the App. The clear recommendation of this report is that Council does not continue the proactive trial but rather supports the Trolley Tracker App by forwarding complaints to it and advocates for more retailers to sign up and support the App.

CONSULTATION & TIMING

Stakeholder Consultation

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

Date

Stakeholder

Stakeholder Comment

Council Officer Response

Responsibility

Various across 2020 and

2021

Waste and Sustainability Unit

Intelligence advice provided to determine hotspot and target suburbs for the trail

Utilisation of the data to target the suburbs with the highest frequency of abandoned shopping trolley

Regulatory Services

Various between July 2020 to March 2021

Managers of all Supermarkets using shopping trolleys

Generally, the managers agreed it was an issue, but stated that budget constraints stopped the implementation of additional measures, i.e., locking devises etc over the current collection service

Council officers clearly articulated the processes of the trial and indicated both the desired outcome and potential consequences of not complying with the removal of the shopping trolleys

Regulatory Services

Councillor Consultation

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

Date

Councillor

Councillor Comment

Council Officer Response

Responsibility

Various across 2020 and

2021

Clr Prociv and Davis

Clr Davis and Prociv provided positive feedback, but also asked if the trial could be broadened given the wide spread of the abandoned trolleys

Periodic updates were issued to Clr Davis and Prociv relevant to the trial logistics, amendments, and initial outcomes.

Due to the impact on resources for other service deliverables the trial was unable to be extended to further suburbs due to budgetary and resource constraints.

Regulatory Services – Manager Michelle Burke and Group Manager Paul Lyth

LEGAL IMPLICATIONS FOR COUNCIL

34. There are no legal implications arising from the recommendations in this report. Legal advice has previously been provided that Council cannot take effective enforcement action against the trolley owner (the store) for the trolleys abandoned in the public domain.

35. Council can take enforcement action against a person who abandons a trolley however, this is extremely difficult in practice as Rangers and Parking officers are required to witness the offence and obtain personal details of the offender.

36. At this point in time, Council has no other reasonable legislative means available to regulate abandoned shopping trolleys in the public domain.

37. Council provided comments relative to the deficiencies of the Impounding Act to the Office of Local Government. Council anticipates that amendments may be made that will assist Councils in managing these types of increasing issues and impacts from the increased medium and high-density housing.

FINANCIAL IMPLICATIONS FOR COUNCIL

38. The recommendations of this report will not incur any unbudgeted funds.

	FY 20/21	FY 21/22	FY 22/23	FY 23/24
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

Funding Source	Nil	Nil	Nil	Nil

Paul Lyth

Group Manager Regulatory Services

Caroline Nuttall

Solicitor

John Angilley

Chief Finance and Information Officer

John Warburton

Executive Director, City Assets & Operations

Brett Newman

Chief Executive Officer

Attachments:

There are no attachments for this report.

REFERENCE MATERIAL

Council 11 April 2022 Item 13.3

FOR COUNCIL DECISION

ITEM NUMBER 13.3

SUBJECT Section 50 Local Government Act 1993 Land Transfers

REFERENCE F2022/00105 - D08451061

REPORT OF Property Officer

CSP THEME: ACCESSIBLE

workshop/briefing date: Nil

PURPOSE:

To convert the ownership of public garden and recreation space and drainage reserve into Council ownership.

RECOMMENDATION

(a) That Council, in accordance with section 50(4) of the Local Government Act 1993 gazette the vesting of the land identified in Attachment 1, into Council’s ownership.

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

BACKGROUND

1. Through Council’s land verification process, Council has uncovered land which has not been conveyed or transferred to Council.

2. The parcels of land in question are identified in the table below:

Parcel	Name	Subdivision Date
Lot 42 DP15422	David Hamilton Reserve	1927
Lot 92 DP35436	Lockyer Reserve	1945
Lot 53 DP13906	Willsford Homes Park	1926
Lot 16 DP1141023	Rangihou Reserve	1956
Lot 1 DP1176157	Subiaco Creek Reserve	1955
Lot 1 DP1176170	Subiaco Creek Reserve	1955
Lot 173 DP23173	Russell Walker Reserve	1951
Lot 615 DP16170	Drainage Reserve - 16A Macartney Street, Ermington	1928

3. Prior to 16 June 1964, there was no provision for public reserves to be vested in Council on registration of a deposited plan. Early deposited plans often included parcels denoted as ‘Public Garden and Recreation Space’. However, these parcels were not automatically created as public reserves and vested in Council on registration of the plan. Refer to Registrar General Guidelines at Attachment 2.

4. Similarly, between 24 November 1922 and 15 June 1964, a drainage reserve was not automatically vested in Council on registration of the plan. Refer to Registrar General Guidelines at Attachment 3.

5. Section 50 of the Local Government Act 1993 provides that Council may direct ‘Public Garden and Recreation Space’ shown in a plan approved before 15 June 1964 and ‘Drainage Reserve’ shown in a plan approved between 24 November 1922 and 15 June 1964 to be conveyed or transferred to Council.

6. Section 50(4) of the Local Government Act 1993 states “Instead of directing that land be conveyed or transferred to it, the council may publish a notice in the Gazette notifying that the land is vested in it.”

7. With the exception of Lot 615 DP16170 (Drainage Reserve – 16A Macartney Street, Ermington), Council has always maintained the land identified in Attachment 1.

ISSUES/OPTIONS/CONSEQUENCES

8. Rectifying the land ownership issue is critical to Council in order for Council to successfully manage public land.

9. Should Council not proceed with the gazettal of the ownership, confusion as to ownership will continue.

10. Management of the land and enforcement will become increasingly difficult as Council is not the registered landowner.

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
December 2021	Assets & Environment	Recommends that the ownership is rectified as it will help manage and identify the land in the new Plans of Management.	Agreed with comment.	Senior Open Space & Natural Area Planner

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. Under Section 53 of the Local Government Act 1993, Council must keep a register of all land vested in it or under its control. Currently, Council’s land register is inaccurate as there is confusion regarding the ownership of the land identified in Attachment 1.

14. Pursuant to section 50(4) and (5) of the Local Government Act 1993, Council may publish a notice in the Gazette notifying that the land is vested in it. A new title in the name of City of Parramatta Council will be created on lodgment and registration of a Request Form 11R with NSW Land Registry Services.

FINANCIAL IMPLICATIONS FOR COUNCIL

15. The application and appropriate PEXA transfers will be funded through the Asset Planning budget.

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

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

Funding Source	Nil	Nil

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

Funding Source	Nil	Nil

CAPEX
CAPEX
External
Internal
Other
Total CAPEX	Nil	Nil

Benjamin Ayoub

Property Officer

Robert Ramsbottom

Group Manager Property, Security, Assets & Services

Ian Woodward

Group Manager Legal Services

John Angilley

Chief Finance and Information Officer

Bryan Hynes

Executive Director Property & Place

Brett Newman

Chief Executive Officer

Attachments:

1 ⇩	Parcels of land to be transferred	4 Pages
2 ⇩	Public Reserves Explanation from Land Registry Services	1 Page
3 ⇩	Drainage Reserves Explanation from Land Registry Services	1 Page

REFERENCE MATERIAL

Council 11 April 2022 Item 13.4

FOR COUNCIL DECISION

ITEM NUMBER 13.4

SUBJECT Post-exhibition - Planning Proposal, draft Development Control Plan and draft Planning Agreement for 8-14 Great Western Highway, Parramatta

REFERENCE F2022/00105 -

APPLICANT/S GLN Planning Pty Ltd

OWNERS JM Malouf Investments Pty Ltd and the Owners Strata Plan 8700

REPORT OF Project Officer-Land Use Planning

csp theme: INNOVATIVE

Development applications considered by Sydney central city planning panel Nil

PURPOSE:

To detail submissions received during the public exhibition of a Planning Proposal, draft Development Control Plan and draft Planning Agreement relating to land at 8-14 Great Western Highway, Parramatta. The report seeks Council’s approval to endorse the draft Development Control Plan for finalisation and not proceed with the draft Planning Agreement. The report notes that the site-specific Planning Proposal is no longer required to proceed.

RECOMMENDATION

(a) That Council receives and notes the submissions made during the public exhibition of the Planning Proposal, draft Development Control Plan (DCP) and draft Planning Agreement at 8-14 Great Western Highway, Parramatta. A summary of submissions is provided at Attachment 1.

(b) That Council notes the Gateway alteration issued by the then Department of Planning, Industry and Environment (DPIE) on 28 October 2021 determined that the Planning Proposal not proceed on the basis that the Parramatta CBD Planning Proposal is seen as a more efficient way of achieving the objectives of the site-specific Planning Proposal (refer to Attachment 2). Therefore, Council is not able to further consider the Planning Proposal seeking to establish the height and floor space ratio controls for the site as these controls will be determined by the Department of Planning and Environment (DPE) through the finalisation of the Parramatta CBD Planning Proposal.

(c) That Council approve the site specific DCP at Attachment 4 for finalisation and inclusion within Part 10 (Site Specific Controls) of the finalised Parramatta City Centre DCP, including a minor amendment relating to the wording of the relevant Australian Standard relating to driveway access, following the finalisation of the Parramatta CBD Planning Proposal.

(d) That Council not proceed with the Planning Agreement at Attachment 5 exhibited with the site-specific Planning Proposal for 8-14 Great Western Highway recognising that contributions to community infrastructure funding will be required as a condition of development consent pursuant to the contributions plan applicable at the time.

(e) Further, that Council delegate authority to the Chief Executive Officer to make any minor, administrative and/or non-policy amendments to the Development Control Plan during the finalisation process.

SITE DESCRIPTION

1. The subject site comprises 8 Great Western Highway (Lot 10 DP1097949) and 10-14 Great Western Highway, Parramatta (SP8700) and is approximately 2,386 square metres in area. The site has a single frontage on the Great Western Highway at its southern boundary. The site is bound by three to eight storey residential flat buildings along its western and northern boundaries and a single-storey commercial building on its eastern boundary (see Figure 1).

Graphical user interface

Description automatically generated

Figure 1: An aerial image of the site (shaded in blue) and surrounds.

2. There are two items of State Heritage significance near the subject site shown in pale brown in Figure 1 above. ‘Lennox House’ is to the north-west of the site and the ‘Masonic Centre’ is to the north-east of the site.

BACKGROUND

3. On 19 May 2020, the Local Planning Panel resolved to recommend Council endorse a Planning Proposal for the purposes of requesting a Gateway Determination for the site with a maximum floor space ratio of 15:1 (inclusive of Design Excellence, High Performing Buildings and Opportunity Site bonuses with provisions for unlimited additional Commercial Floor Space) and a height control of RL 211 metres (62 storeys), consistent with the Parramatta CBD Planning Proposal (CBD PP).

4. At its meeting on 9 June 2020, Council resolved to endorse the Planning Proposal for the purpose of requesting a Gateway Determination and to amend the height of buildings control consistent with the recommendation of the Council Officers and Local Planning Panel. 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 1 September 2020, the then Department of Planning, Industry and Environment issued a Gateway determination which allowed the Planning Proposal to proceed to public exhibition. The Gateway determination requires that the site-specific Planning Proposal be consistent with the Parramatta CBD Planning Proposal prior to being finalised.

6. On 7 December 2020, Council resolved to endorse for the purposes of public exhibition the draft site-specific Development Control Plan (DCP) 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 20 July to 20 August 2021. Since the exhibition, Council received a Gateway alteration from the DPIE dated 28 October 2021 which determined that the site-specific planning proposal should not proceed. The Gateway alteration was issued on the basis that the Parramatta CBD Planning Proposal is seen as a more efficient way of achieving the objectives of the site-specific planning proposal.

8. This report addresses the outcomes of the public exhibition and makes recommendations for progressing the draft Development Control Plan.

RELATIONSHIP WITH PARRAMATTA CBD PLANNING PROPOSAL

9. The height control, FSR control and site-specific provisions exhibited for the site are consistent with the Parramatta CBD Planning Proposal. Table 1 outlines the planning controls for the site under the existing Parramatta LEP 2011, the Parramatta CBD Planning Proposal and the site-specific Planning Proposal.

Table 1: Summary of current, CBD PP and site-specific controls

	Parramatta LEP 2011	Parramatta CBD Planning Proposal	Site-Specific Planning Proposal
Site Area	2,386sqm
Land Use Zoning	B4 Mixed Use	B4 Mixed Use	B4 Mixed Use
Height of Buildings	28m (8 storeys)	211m (62 storeys) 243m (72 storeys) – including Design Excellence bonus	211m (62 storeys) 243m (72 storeys) – including Design Excellence bonus
Floor Space Ratio	3.5:1	15:1 FSR (made up of the following) • 10:1 Mapped Incentive FSR (inclusive of minimum required 1:1 commercial FSR) • 15% Design Excellence bonus (ie. 1.5:1) • 5% High Performing Buildings bonus (i.e.. 0.5:1) • 3:1 Opportunity Site FSR • With the potential for unlimited additional commercial FSR subject to height control¹	15:1 FSR made up of the following): • 10:1 Mapped Maximum FSR (inclusive of minimum required 1:1 commercial FSR) • 15% Design Excellence bonus (ie. 1.5:1) • 5% High Performing Buildings bonus (i.e. 0.5:1) • 3:1 Opportunity Site FSR • Unlimited additional commercial floor space subject to height control¹ Total FSR of at least: 16.42:1
Parking	Car Parking rates per Parramatta LEP 2011	Maximum car parking rates previously endorsed by Council as part of Parramatta CBD Planning Proposal.	Maximum car parking rates previously endorsed by Council as part of Parramatta CBD Planning Proposal.
Heritage	The site is not identified as an item of local heritage significance and is not within a Heritage Conservation Area. The site is located within the vicinity of the following heritage items: · Item 00751 being Lennox House (and adjoining brick wall on footpath); and · Item 648 being Masonic Centre.	No change	No change
High Performing Buildings	N/A	Provision outlining an additional FSR of 5% is achievable, provided that high-performing buildings standards are met.	Provision outlining an additional FSR of 5% is achievable, provided that high-performing buildings standards are met.
Number of Dwellings	104 residential units ² with some commercial GFA at ground level	417 residential units² and minimum of 2,386 sqm plus unlimited additional commercial GFA permitted within height control.	408 residential units³ and minimum of 2,386 sqm plus unlimited additional commercial GFA permitted within height control.

1. Above the required 1:1 minimum commercial provision but within the Height of Building control requirement

2. Based on average unit size of 80sqm

3. Based on Reference Design submitted by applicant

10. The applicant’s Reference Design submitted at Attachment 6 illustrates a concept building envelope with a height of 170 metres (52 storeys) and an indicative FSR of 16.42:1. However, Council’s resolution when endorsing the Planning Proposal for the purpose of seeking a Gateway determination was to endorse a height control for the site that is consistent with the Parramatta CBD Planning Proposal. As such, notwithstanding the Reference Design, the proposed height control is RL 211 metres (62 storeys) or RL 243 metres when including the Design Excellence bonus (72 storeys) which is consistent with the Parramatta CBD Planning Proposal.

11. As a consequence, the FSR that may be achieved on the site may be higher than the 16.42:1 demonstrated in the reference design. This is due to the proposed site-specific provision which allows for additional commercial floor space area to be exempt from the FSR control. This additional commercial floor space is, however, still subject to the maximum height control and approach consistent with the Parramatta CBD Planning Proposal.

GATEWAY ALTERATION

12. After the completion of the public exhibition period, the DPIE issued a Gateway alteration dated 28 October 2021 (refer to Attachment 2) which determined that the site-specific planning proposal should not proceed.

13. As the proposed controls within the Parramatta CBD Planning Proposal reflect the site-specific Planning Proposal, the DPIE’s view was that the site-specific Planning Proposal was unnecessary and the same controls will be achieved when the Parramatta CBD Planning Proposal is finalised and notified. The Gateway alteration was issued on the basis that the Parramatta CBD Planning Proposal is seen as a more efficient way of achieving the objectives of the site-specific planning proposal.

14. Therefore, Council is not able to further consider the site-specific Planning Proposal which is seeking to establish the height and floor space ratio controls for the site. Rather, these controls will be determined by the DPE through the finalisation of the Parramatta CBD Planning Proposal. As such, this report is limited to the consideration of the other two remaining documents that were included in the recent public exhibition being the draft DCP and draft Planning Agreement. It is also recommended that the submissions relating to the Planning Proposal be noted by Council.

DRAFT SITE-SPECIFIC DEVELOPMENT CONTROL PLAN

15. Council endorsed the draft Development Control Plan (DCP) and draft Planning Agreement for exhibition on 7 December 2020. The exhibited draft DCP (Attachment 4) covers matters including building setbacks, built form, design, massing, heritage interface and vehicular access. Notwithstanding that the site-specific planning proposal is not proceeding, the controls from the site-specific planning proposal will still be achieved through the Parramatta CBD Planning Proposal. As such, the draft DCP is still relevant and will provide a greater level of certainty to the proponent and the Design Competition process.

16. The draft site-specific DCP is proposed to be included within Part 10 (Site Specific Controls) of the draft Parramatta City Centre DCP. It will be applied in combination with the draft Parramatta City Centre DCP and the existing provisions of the Parramatta DCP 2011.

Road Widening

17. Great Western Highway is a classified road, meaning that agreement both at Planning Proposal and Development Application stages will be required from Transport for NSW (TfNSW) for proposed access arrangements for this site.

18. Council consulted with Transport for NSW in March 2020 regarding the Planning Proposal to seek early feedback on the proposal. In response, TfNSW advised that there is the potential that road widening may be required on the Great Western Highway and the Planning Proposal and draft DCP should reflect this. At the time, they noted that while there was no formal road widening reservation required and this could change upon completion of the Integrated Transport Plan (ITP). In response, the draft DCP includes a 6 metre front setback for the podium to facilitate potential future road widening on Great Western Highway.

19. Correspondingly, an early version of the Land Reservation Acquisition Map related to the Parramatta CBD Planning Proposal included a new reservation for the purpose of road widening on the Great Western Highway frontage of the site. However, in September 2019, TfNSW requested that all new reservations identified in the Parramatta CBD Planning Proposal where the TfNSW was to be the acquiring authority be removed pending further internal discussion and consultation. When the Parramatta CBD Planning Proposal was publicly exhibited, TfNSW did not seek reinstatement of any road widening in their submission. Consequently, no reservation has been applied to the land for finalisation of the Parramatta CBD Planning Proposal.

20. The more recent submission received from Transport for NSW during the public exhibition of this site-specific Planning Proposal advised as follows: “Potential future road widening requirements along the Great Western Highway remain unresolved. However, the proposed 6 metre wide setback to the front boundary on the Great Western Highway is supported as it will make possible allowance for future road widening if required.”

21. The site-specific DCP has been drafted in such a way that if road widening is required, the building setbacks would remain unchanged, and any road widening is accommodated in the front setback. Council Officers acknowledge that this outcome will result in a limited capacity to provide deep-soil landscaping within the front setback, however, the outcome is still deemed acceptable in an urban context as the building will provide an active frontage along the street edge.

22. Further, the early consultation with TfNSW indicated that vehicular ingress and egress into the site would need to be relocated to the western boundary so that the access point is located away from the Great Western Highway and Church Street intersection.

23. Council Officers acknowledge that this requirement is likely to impact upon the existing mature trees located on this portion of the site regardless of whether road widening is required. Provisions have been included in the site-specific DCP that ensure that the 6 metres front setback can be utilised for the planting of replacement trees in the case that the land is not required for road widening purposes.

DRAFT PLANNING AGREEMENT

24. The exhibited draft Planning Agreement (refer to Attachment 5) makes provision for a monetary contribution of $5,010,600 which is to be used towards community infrastructure within the Parramatta CBD. At the time of preparation, it was consistent with Council’s framework for Community Infrastructure in the Parramatta CBD.

25. Since the public exhibition of the draft Planning Agreement, Council has endorsed a change in the approach to infrastructure funding in the Parramatta CBD through its endorsement of the Parramatta CBD Local Infrastructure Contributions Plan (endorsed by Council at its meeting of 25 October 2021). Under this Plan, Council is no longer seeking funding for local infrastructure within the CBD by securing monetary contributions through Planning Agreements. Rather, the Plan seeks to increase the percentage rate applicable to developments in the CBD under Section 7.12 (formerly known as Section 94A contributions). It should be noted that Council cannot apply the increased percentage levy until the Minister endorses the Contributions Plan. At the time of the preparation of this report, the Parramatta CBD Local Infrastructure Contributions Plan had been forwarded to the Minister and had yet to be approved.

26. The implications for the subject draft Planning Agreement are that it no longer represents an endorsed approach to infrastructure funding in the Parramatta CBD. As such, it is recommended that Council not proceed with the Planning Agreement noting that contributions to community infrastructure funding will be required as a condition of development consent through the contributions plan applicable at that time.

PUBLIC EXHIBITION

35. The Planning Proposal, draft DCP and draft Planning Agreement were publicly exhibited from 20 July to 20 August 2021, alongside supporting appendices.

36. The public exhibition included:

a. Letters to landowners and occupiers within the vicinity of the site, as well as nearby landowners and occupiers anticipated to be impacted by overshadowing;

b. Letters to relevant State and Federal Government Agencies;

c. Notification in local newspaper Parra News; and

d. Exhibition materials were available on Council’s Participate Parramatta website noting that Council's Customer Contact Centre and Libraries were closed at that time due to the directives issued by NSW Health.

37. Nine (9) submissions were received during the public exhibition period. This includes four (4) submissions from public agencies and five (5) from community members. A summary of all submissions and Council officer responses is provided at Attachment 1. The submissions and responses are discussed further in the following sections of this report.

PUBLIC AGENCY SUBMISSIONS SUMMARY AND RESPONSE

38. Four (4) submissions were received from public agencies as follows:

a. Heritage NSW

b. Transport for NSW

c. DPIE - Energy, Environment and Science; and

d. Endeavour Energy.

39. The submissions generally raise issues that will be addressed through the development application process. A summary and response to the public agency submissions is provided in Attachment 1. Most notable is a change to the draft DCP requested by TfNSW noting that the Great Western Highway is a classified road and their agreement is required for any access provided to the site from this road. They have requested Council change the wording of Access Control C.10 as follows:

“The driveway from the Great Western Highway must be a minimum width of 12 metres wide and comply with Council’s engineering standards.” be replaced with: “The driveway from the Great Western Highway must comply with AS2890.1 2004 and AS2890.2 – 2018.”

40. This change to the draft DCP is supported and is included in the recommendation to Council. As the amendment is minor there is no requirement to re-exhibit the draft DCP.

COMMUNITY SUBMISSIONS SUMMARY AND RESPONSE

41. Across the five (5) community submissions, three (3) of the submissions objected to the Planning Proposal and two (2) of the submissions support the Planning Proposal. From the objections received, the following concerns were raised with this proposal:

a. The draft Planning Agreement appears to be a bribe to Council for the FSR bonuses;

b. Parramatta is experiencing a proliferation of new high rise buildings which will impact on surrounding residential areas and are not accompanied by an associated increase in infrastructure and services;

c. High density housing should not be pursued in a pandemic world; and

d. The proposal will increase demands on the electricity grid which cannot be accommodated.

42. Council officers note these submissions, and respond as follows:

a. The site-specific Planning Proposal is one of several that has been lodged for sites within the CBD by property owners which seek to increase the permissible density in accordance with that permitted by the Parramatta CBD Planning Proposal. The draft Planning Agreement was negotiated in the context of the associated Infrastructure Strategy which aimed to use Planning Agreements as a method of obtaining value capture to help fund community infrastructure.

b. Since the public exhibition of the draft Agreement, Council has endorsed a change in the approach to infrastructure funding in the Parramatta CBD through its endorsement of the Parramatta CBD Local Infrastructure Contributions Plan (endorsed by Council at its meeting of 25 October 2021). Under this Plan, Council is no longer seeking funding for local infrastructure within the CBD by securing monetary contributions through Planning Agreements. Rather, the Plan seeks to increase the percentage rate applicable to developments in the CBD under Section 7.12 (formerly known as Section 94A contributions). It should be noted that Council cannot apply the increased percentage levy until the Minister endorses the Contributions Plan. At the time of the preparation of this report, the Parramatta CBD Local Infrastructure Contributions Plan had been forwarded to the Minister and had yet to be approved. As such, it is recommended that Council not proceed with the draft Planning Agreement recognising that contributions to community infrastructure funding will be required as a condition of development consent pursuant to the contributions plan.

c. In response to this submission, Council Officers emailed the author and advised of the above information. The content of Council’s email is quoted in the table at Attachment 1. Council Officers do not accept that the draft Planning Agreement represents a bribe and note that Council’s decision to enter into the Planning Agreement was made at an open meeting of Council and the Planning Agreement was subsequently prepared and publicly exhibited in accordance with Council’s endorsed Planning Agreements Policy.

d. It is acknowledged that there will be impacts on surrounding properties from development of the site. The impacts will be assessed in detail at the development application stage and will be managed through the application of appropriate built form controls within the DCP. These provide for tall slender towers aiming to maximise inter-building separation and reduce the length of time that the impacts of overshadowing are sustained by any one property. With regard to infrastructure and services, the draft Parramatta CBD Local Infrastructure Contributions Plan 2021 has recently been endorsed by Council and aims to levy developers to secure monetary contributions towards the provision of community infrastructure within the CBD.

e. Current public health measures in response to Covid-19 do not include the deferral of development projects but rather they are seen by the NSW Government as an important initiative in the road to economic recovery.

f. The demand for electricity and water created by the proposal will be mimimised by the application of a High Performing Buildings clause. In relation to electricity supply and the energy network, this matter is beyond the scope of the Planning Proposal.

43. The two (2) submissions that were in support of the Planning Proposal requested that tall towers also be permitted on the southern side of the Great Western Highway to provide a greater sense of arrival into Parramatta from the west. As part of Council’s consideration of the Parramatta CBD Planning Proposal on 25 November 2019, Council resolved to further investigate several areas on the periphery of the CBD for potential increases in density. This includes what is referred to as the Southern Planning Investigation Area (PIA) which encompasses an area south of the Great Western Highway opposite the subject site and the area referred to as the West Auto Alley Precinct.

44. A more detailed summary and response to each of the concerns outlined above is included in the table at Attachment 1.

HERITAGE ADVISORY COMMITTEE RESPONSE

45. The site is not a heritage item and is not located in a heritage conservation area however, it is located in close proximity to two State listed heritage items, the Masonic Centre and Lennox House.

46. At its Meeting on 26 November 2020, the Heritage Advisory Committee were notified of the impending public exhibition of the Planning Proposal, draft DCP and draft Planning Agreement. The Committee asked that its previous comments on the Parramatta CBD Planning Proposal be considered in this regard. A summary of the Committee’s comments are as follows:

a. A need to highlight the importance of Parramatta’s rich and diverse heritage;

b. Provision for the stepping down of building heights for areas surrounding heritage items;

c. The need to open up vistas/sightlines to and from Civic Place and nearby landmarks;

d. Provision of sufficient setbacks to all major historic landmarks; and

e. Adoption of heritage considerations as a key principle for development of the city.

47. These comments are detailed in Attachment 1 including the Officer response. The Committee were further notified of the public exhibition on 21 July 2021 and no further comments were made.

CONSULTATION & TIMING

Stakeholder Consultation

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

Date	Stakeholder	Stakeholder Comment	Council Officer Response	Responsibility
11 March 2020	Transport for NSW	As described above in paragraphs 16 to 22.	As described above in paragraphs 16 to 22.	City Planning and Design
26 November 2020	Council’s Heritage Advisory Committee	As described above in paragraphs 45 to 47.	As described above in paragraphs 45 to 47.	City Planning and Design
20 July to 20 August 2021	Public exhibition, including State and Federal Agency consultation	As described in this report (refer also to Attachment 1).	As described in this report (refer also to Attachment 1).	City Planning and Design

Councillor Consultation

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

Date	Councillor	Councillor Comment	Council Officer Response	Responsibility
Standard briefing prior to Council meeting	TBD	TBD	TBD	City Planning and Design

FINANCIAL IMPLICATIONS FOR COUNCIL

50. All costs associated with finalising the draft DCP are accommodated within the existing City Planning and Design budget. There are no further financial implications for Council associated with this matter.

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

Funding Source	N/A	N/A	N/A	N/A

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

Funding Source	N/A	N/A	N/A	N/A

CAPEX
CAPEX
External
Internal
Other
Total CAPEX	N/A	N/A	N/A	N/A

51. The exhibited Planning Agreement makes provision for a monetary contribution of $5,010,600 for the purposes of community infrastructure within the Parramatta CBD. At the time of negotiation, it was consistent with Council’s framework for Community Infrastructure in the Parramatta CBD.

52. Since the public exhibition of the draft Planning Agreement, Council has endorsed a change in the approach to infrastructure funding in the Parramatta CBD through its endorsement of the Parramatta CBD Local Infrastructure Contributions Plan (endorsed by Council at its meeting of 25 October 2021). Under this Plan, Council is no longer seeking funding for local infrastructure within the CBD by securing monetary contributions through Planning Agreements. Rather, the Plan seeks to increase the percentage rate applicable to development applications in the CBD under Section 7.12 (formerly known as Section 94A contributions). It should be noted that Council cannot apply the increased percentage levy until the Minister endorses the Contributions Plan. At the time of the preparation of this report, the Parramatta CBD Local Infrastructure Contributions Plan had been forwarded to the Minister and has yet to be approved.

53. The contribution endorsed by Council under the Parramatta CBD Local Infrastructure Contributions Plan 2021 is proposed to be calculated at 5 per cent of the development cost of the proposal. The cost of the proposal is not known at this point in time and will be identified in the future development application for the site. However, it is considered that the monetary contribution foregone by not proceeding with the Planning Agreement will be offset by the increase in the Section 7.12 contributions.

CONCLUSION

54. It is noted that the site-specific Planning Proposal is no longer proceeding as per the Gateway Alteration issued by DPIE on 28 October 2021. The site will be subject to the controls to be introduced through the Parramatta CBD Planning Proposal. Therefore, Council is not required to progress the site specific Planning Proposal.

55. It is recommended that Council not proceed with the Planning Agreement exhibited with the site-specific Planning Proposal as the contributions to community infrastructure funding will be required as a condition of development consent pursuant to the contributions plan applicable at the time.

56. It is also recommended that Council endorse the draft site specific-DCP at Attachment 4 for finalisation and inclusion within Part 10 (Site Specific Controls) of the finalised Parramatta City Centre DCP, including the minor amendment, following the finalisation of the Parramatta CBD Planning Proposal.

Felicity Roberts

Project Officer-Land Use

Bianca Lewis

Team Leader Land Use Planning

David Birds

Group Manager, Major Projects and Precincts

John Angilley

Chief Finance and Information Officer

Jennifer Concato

Executive Director City Planning and Design

Brett Newman

Chief Executive Officer

Attachments:

1 ⇩	Summary Table of Submissions	9 Pages
2 ⇩	Gateway alteration	2 Pages
3 ⇩	Planning Proposal document as exhibited	38 Pages
4 ⇩	Draft Development Control Plan as exhibited	9 Pages
5 ⇩	Draft Planning Agreement as exhibited	31 Pages
6 ⇩	Applicant's Reference Design	33 Pages

REFERENCE MATERIAL

Governance Manager		Lord Mayor Cr Donna Davis	Chief Executive Officer

	Minute Clerk
Cr Phil Bradley				Cr Lorraine Wearne	Sound
Cr Sameer Pandey, Deputy Lord Mayor				Cr Donna Wang
Cr Paul Noack				Cr Michelle Garrard
Cr Ange Humphries				Cr Dan Siviero	IT
Cr Dr Patricia Prociv				Cr Henry Green
Cr Pierre Esber				Cr Kellie Darley
Cr Cameron Maclean				Cr Georgina Valjak

Obligations
Oath [Affirmation] of Office by Councillors	I swear [solemnly and sincerely declare and affirm] that I will undertake the duties of the office of Councillor in the best interests of the people of the City of Parramatta Council and the City of Parramatta Council that I will faithfully and impartially carry out the functions, powers, authorities and discretions vested in me under the Local Government Act 1993 or any other Act to the best of my ability and judgement.
Code of Conduct Conflict of Interests
Pecuniary Interests	A Councillor who has a pecuniary interest in any matter with which the Council is concerned, and who is present at a meeting of the Council at which the matter is being considered, must disclose the nature of the interest to the meeting. The Councillor must not be present at, or in sight of, the meeting: a) At any time during which the matter is being considered or discussed, or b) At any time during which the Council is voting on any question in relation to the matter.
Non-Pecuniary Conflict of Interests	A Councillor who has a non-pecuniary conflict of interest in a matter, must disclose the relevant private interest in relation to the matter fully and on each occasion on which the non-pecuniary conflict of interest arises in relation to the matter.
Significant Non-Pecuniary Conflict of Interests	A Councillor who has a significant non-pecuniary conflict of interest in relation to a matter under consideration at a Council meeting, must manage the conflict of interest as if they had a pecuniary interest in the matter.
Non-Significant Non-Pecuniary Interests	A Councillor who determines that they have a non-pecuniary conflict of interest in a matter that is not significant and does not require further action, when disclosing the interest must also explain why conflict of interest is not significant and does not require further action in the circumstances.


	Press	Press

Public Gallery