Agenda of Council - Monday, 23 May 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, 9 May 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 6:30pm.

2. ACKNOWLEDGEMENT TO TRADITIONAL OWNERS OF LAND

The Lord Mayor acknowledged the Burramattagal people of The Darug Nation as the traditional owners of this 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 26 April 2022

3760

RESOLVED (Prociv/Esber)

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

6. APOLOGIES/REQUESTS FOR LEAVE OF ABSENCE

3761	RESOLVED (Humphries/Darley) That the request to attend the Ordinary Council Meeting dated 9 May 2022 via remote means submitted by Councillor Wearne due to personal reasons be accepted.

7. DECLARATIONS OF INTEREST

Councillor Bradley declared a non-pecuniary and less than significant interest in the Matter of Urgency for the placement of Election Material on Council or State Government assets, being that he is a candidate in the upcoming Federal Election. He retired from the meeting prior to debate and voting on the matter.

Councillor Esber declared a non-pecuniary but significant interest in Item 13.2 - Planning Proposals for sites at WSU Parramatta North Campus and at 1-21 Hope Street, 27-43 Oak Street and 126-130 James Ruse Drive, Rosehill, being that a family member is an employee of the organisation. He retired from the meeting prior to debate and voting on the matter.

Councillor Green declared a pecuniary interest in Item 13.4 - Draft Disability Inclusion Action Plan (DIAP) 2022-2026, being that he has tenants in the building that he owns that support disability services. He retired from the meeting prior to debate and voting on the matter.

Councillor Humphries declared a pecuniary interest in the Matter of Urgency for the placement of Election Material on Council or State Government Assets, being that she is an employee of a political party referred to in the motion. She retired from the meeting prior to debate and voting on the matter.

8. Minutes of the Lord Mayor

8.1

SUBJECT HMAS Parramatta Freedom of Entry Request

REFERENCE F2021/02779 - D08517892

REPORT OF Lord Mayor, Councillor Donna Davis

3762

RESOLVED (Davis/Pandey)

(a) That Council note the formal request received from the Commanding Officer of the HMAS Parramatta IV for the ships company to exercise their right to conduct a Freedom of Entry Parade on Friday, 9 September 2022.

(b) Further, that a staff report be prepared for Council’s consideration of this request, and that this report include resourcing and budget implications should Freedom of Entry be granted.

8.2

SUBJECT National Volunteer Week - 16 - 22 May 2022

REFERENCE F2021/02779 - D08517896

REPORT OF Lord Mayor, Councillor Donna Davis

3763

RESOLVED (Davis/Bradley)

(a) That Council note National Volunteer Week is taking place from 16 – 22 May 2022, with the theme ‘Better Together’.

(b) Further, that Council thanks all those who volunteer in the City of Parramatta for their tremendous efforts and selfless service, making our City a better place.

8.3

SUBJECT Expression of Interest in Transport for NSW E-scooter Trial

REFERENCE F2021/02779 - D08517897

REPORT OF Lord Mayor, Councillor Donna Davis

3764

RESOLVED (Davis/Prociv)

(a) That Council note that the NSW State Government has announced a planned trial of shared electric scooters and has invited councils to express interest in participating in a trial.

(b) That Council note that an expression of interest in the trial only commits Council consider its participation in the trial.

(c) Further, that Council writes to the Deputy Secretary, Cities and Active Transport at Transport for NSW expressing its interest in the trial and nominate Jennifer Concato, Executive Director City Planning & Design and/or their delegate as Council’s representatives to attend a briefing offered on 13 May 2022.

8.4

SUBJECT Peninsula Park, Wentworth Point

REFERENCE F2021/02779 - D08518157

REPORT OF Lord Mayor, Councillor Donna Davis

3765

RESOLVED (Davis/Noack)

(a) That Council note the existing resolutions of Council regarding advocacy for the delivery of Peninsula Park, Wentworth Point.

(b) Further, that Council write to the NSW Minister for Transport, NSW Minister for Planning and local State Member of Parliament, seeking an urgent meeting to discuss the delivery of Peninsula Park, Wentworth Point, including provision of the timeline for delivery by the NSW Government.

8.5

SUBJECT The Salvation Army's Western Sydney Red Shield Appeal 2022

REFERENCE F2021/02779 - D08518484

REPORT OF Lord Mayor, Councillor Donna Davis

3766

RESOLVED (Davis/Wang)

(a) That Council note the official launch of The Salvation Army’s 2022 Western Sydney Red Shield Appeal took place on Friday, 6 May 2022.

(b) Further, that Council donate $1,000 to the 2022 Western Sydney Red Shield Appeal.

9. Public Forum

There were no public forums submitted to the meeting.

10. Petitions

There were no petitions tabled at the meeting.

11. Rescission Motions

Nil

12. For Notation

12.1

SUBJECT CBD Revitalisation Grant Program (Deferred Item)

REFERENCE F2022/00105 - D08461662

REPORT OF Events & Festivals Manager

3767

RESOLVED (Pandey/Noack)

That the report be received and noted.

13. For Council Decision

13.1	SUBJECT Draft Community Strategic Plan 2018-38 (Amended) for Public Exhibition REFERENCE F2022/00105 - D08470255 REPORT OF Corporate Strategy Manager
	MOTION (Esber/Green) That Council endorse the draft updated Community Strategic Plan 2038 for placing on public exhibition for 28 days from 10 May 2022 to 7 June 2022 inclusive.
	AMENDMENT (Bradley/Esber) That Council endorse the draft updated Community Strategic Plan 2038 for placing on public exhibition for 28 days from 10 May 2022 to 7 June 2022 inclusive, with an amendment upgrading the low emissions reduction target (page 57 outcome G.3) to the NSW Government policy of 50% emissions reduction by 2030 and changing the target shown from 60% to 70% emissions reduction by 2038. Councillor Esber as mover of the original motion accepted the amendment. The amendment then became the motion. Councillor Green as seconder of the original motion, withdrew his second to the amended motion. Councillor Darley then seconded the amended motion. The motion on being put was declared CARRIED.
3768	RESOLVED (Esber/Darley) That Council endorse the draft updated Community Strategic Plan 2038 for placing on public exhibition for 28 days from 10 May 2022 to 7 June 2022 inclusive, with an amendment upgrading the low emissions reduction target (page 57 outcome G.3) to the NSW Government policy of 50% emissions reduction by 2030 and changing the target shown from 60% to 70% emissions reduction by 2038.

Note: Councillor Esber declared a non-pecuniary but significant interest in Item 13.2 and left the Chamber at 7:22pm prior to consideration of the matter.

13.2

SUBJECT Planning Proposals for sites at WSU Parramatta North Campus and at 1-21 Hope Street, 27-43 Oak Street and 126-130 James Ruse Drive, Rosehill

REFERENCE F2022/00105 - D08452384

APPLICANT/S Refer to report

OWNERS Refer to report

REPORT OF Project Officer

3769

RESOLVED (Noack/Prociv)

(a) That Council note the applicant has withdrawn the Planning Proposal for the WSU Parramatta North Campus at 70 Pemberton Street, 260 and 260A Victoria Road, 178-184 & 190-200 James Ruse Drive, and 15-19 Colet Parade, Parramatta and note that no further action is required.

(b) That Council not proceed with the Planning Proposal at 1–21 Hope Street, 27–43 Oak Street and 126–130 James Ruse Drive, Rosehill for the following reasons:

i. The applicant has not met the Council’s preferred density and scale requirements.

ii. Inconsistency with the Local Strategic Planning Statement and Local Housing Strategy as the site is not within an identified Growth Precinct and the proposed development is not required to meet Council’s adopted housing and employment targets.

iii. The proposed density and heights would result in overdevelopment of the site, are inconsistent with the density and heights of nearby high-rise development and are overbearing of nearby lower scale development (particularly to the west and southwest).

iv. The proposed urban design outcome lacks a suitable transition to nearby lower-scale development and a cohesive arrangement of buildings and spaces.

v. Failure to address flood affectation issues.

vi. Inadequate protection of the Historic View Corridor No. 12 (Elizabeth Farm).

vii. Failure to demonstrate that the proposal can satisfactorily address traffic flow, parking and access impacts arising from the proposed development.

A division is called and results being unanimous.

DIVISION A division was called, the result being:-

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

NOES: Nil

Note: Councillor Esber returned to the Chamber at 7:25pm.

13.3

SUBJECT Process for naming Parramatta's new aquatic facility

REFERENCE F2022/00105 - D08429607

REPORT OF Group Manager Social and Community Services

3770

RESOLVED (Esber/Darley)

That Council defer consideration of this matter until the actions arising out of the Councillor Workshop are completed.

Note: Councillor Green declared a pecuniary interest in Item 13.4 and left the Chamber at 7:27pm prior to consideration of the matter.

13.4

SUBJECT Draft Disability Inclusion Action Plan (DIAP) 2022-2026

REFERENCE F2022/00105 - D08451789

REPORT OF Group Manager Social & Community Services

3771

RESOLVED (Pandey/Maclean)

(a) That Council approve the draft Disability Inclusion Action Plan (Attachment 1) to be placed on public exhibition for a period of four (4) weeks.

(b) Further, that a consultation process be undertaken to engage with the community, and other key stakeholders, on the draft Disability Inclusion Action Plan and that, upon completion of the public exhibition period, all feedback and submissions are reported back to Council, together with a revised Disability Inclusion Action Plan, for consideration.

Note: Councillor Garrard left the Chamber at 7:27pm and was not present for the vote on Item 13.4.

Note: Councillor Green returned to the Chamber at 7:30pm.

13.5

SUBJECT Sportsground Strategy and Action Plan (Deferred Item)

REFERENCE F2022/00105 - D08478808

REPORT OF Recreation Planner

3772

RESOLVED (Pandey/Valjak)

(a) That Council approve the Sportsground Strategy and Action Plan (SSAP) at Attachment 1, noting that it sets out the strategy for Council’s pursuit, on its own or in partnership with others, of the following over the next 20 years:

1. Increase the practical capacity of Council’s sportsground network by 51 sporting fields through:

i. improving maintenance and upgrade existing sportsground facilities to increase capacity;

ii. considering the role of natural turf, hybrid and synthetic surface technology to increase field carrying capacity;

iii. delivering new sportsground facilities;

iv. increasing community access to sporting fields not owned by Council; and

v. implementing efficient management processes to support and maximise the use of sportsground facilities.

2. Incorporating projects identified in the SSAP into the delivery of the contributions plan and subsequent updates.

3. Applying the recommendations of the SSAP in preparing operational and capital works budgets for the short, medium, and long-term.

4. Applying the recommendations of the SSAP in seeking grant and funding opportunities for sportsground facilities, and in negotiations of future voluntary planning agreements that include sportsground facilities.

(b) That Council note that any site specific assessment and business case process recommending the use of synthetics and/or hybrid sporting surfaces will be reported to Council for consideration and approval.

(c) That all those who provided submissions during the public exhibition period be advised of Council’s decision and thanked for their contribution to the development of the SSAP.

(d) That the Allocation Policy to compliment this strategy be developed within the next 12 months.

(e) Further, that a briefing note be presented to Councillors annually regarding the progress and status of the Strategy.

Note: Councillor Garrard returned to the Chamber at 7:32pm during consideration of Item 13.5.

14. Notices of Motion

14.1

SUBJECT Events Budget (Deferred Item)

REFERENCE F2022/00105 - D08461645

FROM Councillor Garrard

The Notice of Motion was WITHDRAWN.

14.2

SUBJECT CBD Lighting Project (Deferred Item)

REFERENCE F2022/00105 - D08461654

FROM Councillor Garrard

The Notice of Motion was WITHDRAWN.

14.3

SUBJECT CBD Planning Proposal

REFERENCE F2022/00105 - D08504984

FROM Councillor Wearne

The Notice of Motion was WITHDRAWN.

15. Questions with Notice

15.1

SUBJECT Questions Taken on Notice from Council Meeting - 26 April 2022

REFERENCE F2022/00105 - D08504743

FROM Business Governance Officer

QUESTIONS TAKEN ON NOTICE FROM THE COUNCIL MEETING OF 26 APRIL 2022

Item 12.2 – Returns for Designated Persons

Question from Councillor Bradley

During discussion on the motion moved by Councillor Esber, Councillor Bradley asked the following question:

1. Why have we redacted more than what the IPC guidelines say we should be redacting?

Chief Financial and Information Officer Response

1. The IPC Guideline 1 for Local Councils on the disclosure of information contained in the returns disclosing the interests of Councillors and designated persons developed under the Government Information (Public Access) Act 2009 (NSW) (GIPA Act), released in September 2019 outlines requirements of Councils to mandatorily release disclosures of interest in written returns with relation to the GIPA Act and corresponding regulation.

The Guideline reinforces the status of disclosures in written returns as available for mandatory proactive release, or “open access information” under the Government Information (Public Access) Regulation 2018 (NSW).

The Guideline also acknowledges the disclosures in written returns may contain personal information about each Councillor and designated person.

The Guideline suggests the written returns are to be disclosed on the website of a Council, unless to do so would impose unreasonable costs to the Council or if the Council has determined there is an overriding public interest against disclosing the information. Determination of an overriding public interest against disclosure requires the conduct of a public interest test weighing up the public interest considerations in favour of and against disclosure of the information. It should be noted that s6(4) of the GIPA Act requires agencies to “facilitate public access to open access information contained in a record by deleting matter from a copy of the record to be made publicly available, if inclusion of the matter would otherwise result in there being an overriding public interest against disclosure of the record, and it is practicable to delete the matter”.

The Guideline supplies the following framework for the provision of disclosures in written returns as open access information:

a. The returns should be made publicly available on the Council’s website free of charge unless there is an overriding public interest against disclosure or to do so would impose unreasonable additional costs on the Council

b. The fact that a return of interests is open access information is a factor in favour of disclosure in balancing the public interest

c. In the circumstances where Council decides that there is an overriding public interest against disclosure of the return, consideration should then be given to whether it is practicable to release an edited copy of the return (for example redacting the individual’s signature or residential address) in accordance with section 6(4) of the GIPA Act

d. If it is practicable to do so, then the information should be deleted from a copy of the return and the remainder of the return made available on the Council’s website

e. Where information is deleted from a return, Council should keep a record indicating, in general terms, the nature of the information redacted in accordance with section 6(5) of the GIPA Act

f. Copies of publicly available information about returns may be made in accordance with clause 5(1)(b) of the GIPA Regulation. Releasing the information contained in the returns of Councillors and designated persons in this manner facilitates the legitimate public interest in having access to the information, while protecting the individual’s right to privacy and safety.

It should be noted although the IPC provides the above advice and makes suggestions on what information Councils may redact (an individual’s signature or residential address), the Guideline is clear that Council is responsible for determining what information should be made publicly available by conducting a public interest test. Namely, point 3.11 in the Guideline states, with relation to applying s6(4) of the GIPA Act, “the type of matter which might be deleted from a return in these circumstances will vary depending on the public interest considerations applied. However, examples might include the signatures or residential address of the individual making the return”.

Therefore, in undertaking its redactions, the officer’s recommendation is to take a conservative view of “residential addresses” to include principal places of residences (PPORs) and investment properties which are of a residential nature. It should be noted these redactions apply only to the street number and street name, with the suburb and state remaining unredacted.

This approach has been selected after consideration and evaluation of the Privacy and Personal Information Protection Act 1998 (PPIP Act), as the release of all residential addresses of an individual carries the potential to impinge on an individual’s privacy rights. Simultaneously, unfettered release of an individuals’ information online removes Council’s control of this information, and its corresponding dissemination, making it accessible to all individuals, including those who may have unconscionable intentions, such as threatening the safety of staff, or conducting fraud. Access to the unredacted returns are available via submission of a form to Council, which will be assessed on a case-by-case basis, with a public interest test undertaken for each application. It should also be noted, in late 2020 to early 2021, the IPC conducted a desktop audit of local Councils. A report titled: Local Government Sector – GIPA Compliance Report was released in July 2021. A key assessment criteria of this audit was whether disclosures are publicly available, whereby the IPC states “to fully comply with the requirement, it was essential that the disclosure of interests for both Councillors and designated persons are published and publicly available and easily located on Council’s website”. No reference is made to the status of the returns as published and publicly available and discretionary redactions applied by Councils. Therefore it is the officer’s view that the current approach ensures Council is protecting the privacy of Councillors and staff whilst also satisfying the public interest factors in favour of release of the returns to promote and enhance openness, transparency and accountability in local government by enabling members of the public to apply to view the returns in their original form.

Item 13.1 – Quarterly Budget Review – December 2021 (Deferred Item)

Question from Councillor Bradley

During discussion on the motion moved by Councillor Maclean, Councillor Bradley asked the following question:

1. Why has the income of the City Strategy Unit decreased from $4000 to $2000 and is there opportunity to recover some of that income?

Chief Financial and Information Officer Response

1. The $2m movement in City Strategy revenue occurred in the September quarter reforecast and relates to Local Roads and Community Infrastructure (LRCI) grants. There is not an actual shortfall, rather $2m of the grant money, which was budgeted to occur in FY22, was received earlier in the FY21 financial year. The FY22 budget was amended in the September reforecast and there were no further material variances in the December quarter reforecast.

Item 13.5 – Minutes of the Traffic Engineering Advisory Group meeting held on 23 March 2022

Question from Councillor Noack

During discussion on the motion moved by Councillor Noack, Councillor Noack asked the following questions:

1. Can we be provided with an update on meetings Council staff have had with developers for the planned round about and street crossing on the corner of Hill Road and Burroway Road?

2. Can we be provided with an update on the traffic lights on Bennelong and Hill Road?

Executive Director City Planning & Design Response

1. As Council will ultimately become the owner of the roundabout it must ensure it is built to Council’s standards and discussions on the design requirements are still being pursued. The design must be agreed before construction can commence. This discussion is occurring via correspondence, the most recent being a Council email on 3 May 2022. This email was sent requesting the applicant address concerns Council staff had with the last set of draft Plans provided by the applicant. The most recent meeting with the developer was held last year.

Council staff will contact the developer to obtain an update on progress on this matter and this information will be included in the regular PTC/TEAG report on Hill Road that is included in the agenda for each meeting. The agenda reports for the next meeting are to be distributed to Councillors on 18 May 2022.

2. The outcome of the funding application made by Council to the Federal Government Stimulus Program for this project has not yet been determined. Minor changes are being made to the Review of Environmental Factors, traffic signals design, and street lighting design in consultation with various authorities in order to obtain final approvals. The civil design is essentially complete. It is anticipated that the documents will be finalised in late June 2022.

Item 16.1 – Legal Status Report

Question from Councillor Prociv

1. During discussion on the motion moved by Councillor Prociv, Councillor Prociv asked a question. As the question related to a confidential matter under section 10A(2)(g) of the Local Government Act, the question and staff response is provided in a confidential Attachment 1.

Chief Financial and Information Officer Response

1. As the response contains confidential information under section 10A(2)(g) of the Local Government Act 1993, the response is contained in the confidential attachment.

Questions from Lord Mayor, Councillor Davis

1. During discussion on the motion moved by Councillor Prociv, Councillor Davis asked a question. As the question related to a confidential matter under section 10A(2)(g) of the Local Government Act, the question and staff response is provided in a confidential Attachment 1.

Chief Financial and Information Officer Response

1. As the response contains confidential information under section 10A(2)(g) of the Local Government Act 1993, the response is contained in the confidential attachment.

Item 16.3 – Approval of Supplier for works associated with CBD Outdoor Dining

Question from Councillor Garrard

1. During discussion on the motion moved by Councillor Garrard, Councillor Garrard asked a question. As the question related to a confidential matter under section 10A(2)(d) of the Local Government Act, the question and staff response is provided in a confidential Attachment 1.

Executive Director Property & Place Response

1. As the response contains confidential information under section 10A(2)(d) of the Local Government Act 1993, the response is contained in the confidential attachment.

Matter of Urgency

3773

RESOLVED (Esber/Garrard)

That a procedural motion be granted to allow consideration of a matter of urgency in relation to the placement of Federal Election campaign material on Council or State Government assets.

The Lord Mayor ruled the matter urgent.

Note:

1. Councillor Bradley declared a non-pecuniary and less than significant interest in the Matter of Urgency and left the Chamber at 7:46pm prior to consideration of the matter.

2. Councillor Humphries declared a pecuniary interest in the Matter of Urgency and left the Chamber at 7:46pm prior to consideration of the matter.

3774

RESOLVED (Esber/Garrard)

(a) That Council authorise the CEO or his delegate to remove any Federal Election campaign material on Council or State Government assets and consider where appropriate the issuing of Penalty Infringement Notices.

(b) Further, that the CEO notify the relevant Party units of the decision of the Council in this matter.

Note: Councillors Bradley and Humphries returned to the Chamber at 7:50pm.

MATTER OF URGENCY

MOTION (Humphries/Prociv)

That a procedural motion be granted to allow consideration of a matter of urgency in relation to the recent celebration of Ramadan and Eid.

The Lord Mayor ruled the matter not urgent.

Matter of Urgency

3775

RESOLVED (Humphries/Prociv)

RESOLVED (Humphries/Pandey)

That a procedural motion be granted to allow consideration of a matter of urgency in relation to the status of the flood retention grate located at Darling Mills Creek.

The Lord Mayor ruled the matter urgent.

3776

RESOLVED (Humphries/Prociv)

That Council investigate the service requests submitted on the flood retention grate located at Darling Mills Creek and provide a status to all Councillors by this Friday, 13 May 2022.

Procedural Motion

3777

RESOLVED (Esber/Darley)

That the meeting be adjourned for a short recess.

Note: The meeting was adjourned at 8:04pm for a short recess.

The meeting resumed at 8:16pm with the following Councillors attendance: The Lord Mayor, Councillor Donna Davis and Councillors Phil Bradley, Kellie Darley, Pierre Esber, Michelle Garrard, Henry Green, Ange Humphries, Cameron Maclean, Paul Noack, Sameer Pandey (Deputy Lord Mayor), Dr Patricia Prociv, Dan Siviero, Georgina Valjak, Donna Wang and Lorraine Wearne.

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

3778

RESOLVED (Noack/Darley)

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 Shop 6/4-14 Hunter Street, Parramatta - City of Parramatta Arts Society - New Lease Request. (D08435991) - 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.

16.2 Tender 04/2021 Disposal of Waste and Recyclable Materials. (D08398853) - This report is confidential in accordance with section 10A (2) (c) (d) of the Local Government Act 1993 as the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business; AND the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

16.3 Riverside Theatres Redevelopment Project. (D08492105) - This report is confidential in accordance with section 10A (2) (c) of the Local Government Act 1993 as the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

16.1

SUBJECT Shop 6/4-14 Hunter Street, Parramatta - City of Parramatta Arts Society - New Lease Request

REFERENCE F2022/00105 - D08435991

REPORT OF Space Management Officer

3779

RESOLVED (Garrard/Bradley)

(a) That Council approve Option 1 without CPI rent review, as outlined in paragraph 11 of this report to lease Shop 6, 4-14 Hunter Street, Parramatta.

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

16.2

SUBJECT Tender 04/2021 Disposal of Waste and Recyclable Materials

REFERENCE F2022/00105 - D08398853

REPORT OF Civil Works Manager

3780

RESOLVED (Bradley/Pandey)

(a) That Council approve the appointment of the four (4) preferred proponents for the establishment of a panel (six (6) categories) under the Disposal of Waste and Recyclable Materials tender as outlined in paragraph 23 of this report.

(b) That all unsuccessful tenderers be advised of Councils decision in this matter.

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

16.3

SUBJECT Riverside Theatres Redevelopment Project

REFERENCE F2022/00105 - D08492105

REPORT OF Director - Riverside Theatres

3781

RESOLVED (Pandey/Valjak)

(a) That Council endorse the Concept Proposal validation work for the Project, summarised in this report and the 30 March 2022 Workshop presentation (Attachment 1), including the Concept Reference Design and Functional Aspirations.

(b) That Council note the Project has a preliminary cost estimate of $175.4M.

(c) That Council approve the allocation of $136M for the Project, made up of $36M held in the Cultural Fund and $100M from the sale proceeds of the Powerhouse Parramatta site held within Council’s Property Reserve, until 30 June 2023.

(d) That Council note officers will develop a strategy to address the $39.5M funding shortfall for the Project (including options such as available Section 7.11 Developer Contributions funds, Federal and State/Westinvest funding and potential corporate and philanthropic funding support).

(e) Further that Council approve the next stage of the Project, including:

1. Preparation of a detailed Business Case, Project Plan and Budget;

2. The business case be prepared within 3-4 months and the business case together with a progress report be returned to Council within 6 months for the Council to endorse continuation of the project.

3. Commencement of the Design Competition;

4. A Budget of up to $1M for the costs associated with this stage of the Project;

5. Funding of the $1M budget for this stage of the Project from the Property Reserve;

6. A report back to Council in Q1 FY 22/23 on Project progress.

Note: Councillor Darley left the Chamber at 8:41pm and returned at 8:43pm during consideration of Item 16.3.

Procedural Motion

3782

RESOLVED (Esber/Noack)

That Council resume into Open Session.

Note: Councillors Garrard and Valjak left the Chamber at 9:06pm and returned at 9:06pm during consideration of the procedural motion to resume into Open Session.

17. REPORTS OF RESOLUTIONS PASSED IN CLOSED SESSION

The Chief Executive Officer read out the resolutions for Items 16.1 to 16.3.

18. CONCLUSION OF MEETING

The meeting terminated at 9:07 pm.

THIS PAGE AND THE PRECEDING 16 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON MONDAY, 9 MAY 2022 AND CONFIRMED ON MONDAY, 23 MAY 2022.

Chairperson

Council 23 May 2022 Item 12.1

FOR NOTATION

ITEM NUMBER 12.1

SUBJECT Investment Report for April 2022

REFERENCE F2022/00105 - D08516601

REPORT OF Tax and Treasury Accountant

CSP THEME: Fair

workshop/briefing date: Nil

PURPOSE:

The purpose of this report is to inform Council of the investment portfolio performance and compliance for the month of April 2022.

RECOMMENDATION

That Council receive and note the Investment Report for April 2022.

BACKGROUND

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

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

ISSUES/OPTIONS/CONSEQUENCES

Investment Portfolio Summary

3. The investment portfolio closing balance as at 30 April 2022 was $547.3m. The average portfolio holdings held throughout the month was $497.6m.

4. The majority of Council’s investment portfolio is in term deposits (75%). The portfolio also includes liquid floating rate notes (FRNs), cash, and the TCorp Long Term Growth Fund (LTGF).

5. Approximately 7.5% of the portfolio are less conservative long-term investments with exposure to credit markets and domestic and international shares. The investment portfolio is well diversified and weighted towards higher-rated institutions

6. The table below lists the diversified range of investments held by Council as at 30 April 2022.

Table 1: Summary of investment portfolio

7. Investment performance for the month. The investment portfolio reported a monthly- annualised return of 0.18% for April 2022, outperforming the Ausbond bank bill index by 37 basis points. The monthly return was once again, negatively affected by Councils managed credit funds (-0.97%) and long -Term growth assets LTGF (-0.88%).

The LTGF is a longer duration fund of 5-7 years, and will suffer volatility over the short term. The fund has returned Council 9.2% over the last 2 years, compared to Term Deposits and bonds (1.40% to 1.60%)

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

Table 2: Historical investment portfolio performance

9. Investment income: The forecast interest income for FY2021-2022 is proposed to be adjusted from $7m to $4m during the March 2022 quarterly reforecast. Based on an average total investment portfolio size of around $500m that equates to a budgeted yield of around 0.80% for the financial year.

As at the end of April 2022, the cumulative actual interest earned was below the revised budgeted income by around $447k, largely driven by the significant sell-off in shares since the start of 2022. The first half of the financial year was tracking well but performance reversed due to the significant selloff in financial markets (e.g. equities, credit assets), escalated by the war in Ukraine and the aggressive rate hikes undertaken by global central banks.

The TCorp Long-Term Growth Fund alone has fallen by $1.874m in 2022, being the biggest detractor to Council budgeted income this financial year.

Table 3: Cumulative Interest table

10. During the month, Councils received part proceeds of $111m for sale/compulsory acquisition of the Horwood Place car park. These funds were invested in term deposits, at the highest available market rates, which comply with council’s investment policy.

Institution	Rating	Amount	Duration	Rate
CBA	AA-	$15M	6 months	1.62%
CBA	AA-	$35M	1 year	2.41%
ICBC	A	$25M	2 years	3.34%
CBA	AA-	$21M	2 years	3.26%
ICBC	A	$15M	3 years	3.68%

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

Table 4: Maturity profile

12. The portfolio complies with Council’s Investment Policy rating limits, with ample investment opportunity still available in A-rated institutions, and approx. $121m capacity in BBB+/unrated institutions.

Graph 1: Investment Policy rating capacity

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

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

Table 5: Exceptions to counterparty limits

Institution

Policy Limit ($‘000)

Held ($’000)

Overweight ($’000)

Reason

Compliance Date

No Exceptions

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

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

Certification of Investments

16. I hereby certify that the investments for the month of April 2022 have been made in accordance with the Act, the Regulations and Council’s Investment Policy:

John Angilley, Chief Finance and Information Officer

CONSULTATION & TIMING

Stakeholder Consultation

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

Date

Stakeholder

Stakeholder Comment

Council Officer Response

Responsibility

30 April 2022

Imperium Markets

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

Refer Imperium Comprehensive Report

All Investments are within Policy limits and reconcile to the General Ledger as at 30 April 2022

John Angilley

Chief Financial and Information Officer

Bruce MacFarlane

Treasury & Tax Accountant

Councillor Consultation

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

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

LEGAL IMPLICATIONS FOR COUNCIL

19. Not Applicable

FINANCIAL IMPLICATIONS FOR COUNCIL

20. Investment interest forecast is proposed to be reduced from $7.01m to $4m as part of the March 22 quarterly reforecast. As at the 30 April 30 the actual interest is below the revised year to date forecast by approximately $447k, but is expected to improve due to market conditions.

Bruce MacFarlane

Tax and Treasury Accountant

John Angilley

Chief Financial and Information Officer

Brett Newman

Chief Executive Officer

Attachments:

1 ⇩	List of Council Investments by maturity April 2022.pdf	7 Pages
2 ⇩	Imperium Comprehensive Investment Report - April 22 .pdf	35 Pages
3 ⇩	Investment and Loans Performance Graph April 2022.pdf	1 Page

REFERENCE MATERIAL

Council 23 May 2022 Item 13.1

FOR COUNCIL DECISION

ITEM NUMBER 13.1

SUBJECT Draft Delivery Program 2022-26, Operational Plan and Budget 2022/23 for Public Exhibition

REFERENCE F2022/00105 - D08470251

REPORT OF Corporate Strategy Manager

CSP THEME: FAIR

workshop/briefing date: 13 April 2022

PURPOSE:

To request that the draft Delivery Program 2022-26 (inclusive of Operational Plan & Budget 2022/23) and Long Term Financial Plan 2022-32, be approved for the purpose of public exhibition.

RECOMMENDATION

(a) That Council approve the draft Delivery Program 2022-26 and Operational Plan 2022/23 – including the draft Annual Budget 2022/23 and Schedule of Fees and Charges 2022/23 – to place on public exhibition for 28 days from 24 May 2022 to 21 June 2022 inclusive.

(b) That Council approve the draft Long Term Financial Plan 2022-32 to place on public exhibition for the same period.

(c) That Council approve the suspension of the current transfer of $2.4m of General Reserve funds to the CBD Infrastructure Reserve.

(d) That Council approve the remaining annual existing loan repayments (totalling $6.4m) established for Local Infrastructure and General activities to be made from the Property Reserve, rather than the General Reserve.

(e) Further, that Council approves the recommencement of normal revenue collection activities and procedures for rates and sundry debtors, as the impact of the Covid-19 pandemic lessens. Council will continue to offer the provisions of the Hardship Policy as well as managerial discretion around specific customer circumstances as appropriate.

BACKGROUND

1. In accordance with the Integrated Planning and Reporting (IP&R) requirements in the Local Government Act, Council has developed a draft four year Delivery Program 2022-26, Operational Plan & Budget 2022/23, and Long-Term Financial Plan (LTFP) 2022-32, for public exhibition.

2. Council is required to establish a Delivery Program for a four year period commencing on 1 July following each ordinary election of Councillors (Act s404[2]). The Delivery Program specifies Council’s principal activities in response to the high level goals and strategies in the Community Strategic Plan (CSP), including the services to be delivered, projects, and methods to measure success.

3. The draft Delivery Program 2022-26 is inclusive of an Operational Plan & Budget for 2022/23. The Operational Plan component outlines the projects, programs and budget for Year One (2022/23). It also includes a schedule of fees and charges and a proposed rates structure for 2022/23.

4. To guide the Delivery Program, Operational Plan and Budget, Council is also required to prepare a Long-Term Financial Plan (LTFP) for a minimum ten year period as part of its Resourcing Strategy. The full Resourcing Strategy will be presented to Council for endorsement in June 2022 in line with requirements under the Act.

ISSUES/OPTIONS/CONSEQUENCES

5. In accordance with the IP&R requirements set out in the Local Government Act, the draft Delivery Program and Operational Plan (DPOP) and Long-Term Financial Plan (LTFP) must be placed on public exhibition for a period of at least 28 days. These drafts are now presented to Council for endorsement to be placed on public exhibition for 28 days from 24 May to 21 June 2022.

6. The DPOP and LTFP must be adopted by Council by 30 June 2022, to begin implementation on 1 July 2022.

7. Any proposed revisions to the draft DPOP and LTFP arising from the exhibition process will be discussed at a Councillor Workshop, prior to seeking formal adoption at a Council meeting on 27 June 2022.

8. The draft DPOP comprises four parts;

a. Part One: Provides a context and overview of City of Parramatta, the DPOP and how it was developed;

b. Part Two: Details Council’s principal activities (services) to deliver on the Community Strategic Plan over the next four years.

c. Part Three: Provides details of Council’s services and projects as resourced in 2022/23, including key performance indicators and targets.

d. Part Four: Details the draft Budget, including our Revenue Policy and Rating and Charges Structure for 2022/23.

e. Part Five: Details the schedule of fees and charges for 2022/23, inclusive of an explanation of Council’s pricing policy and any proposed changes from the current 2021/22 financial year.

9. The development of the draft DPOP was undertaken with the following objectives:

a. A comprehensive review of the DPOP 2018-22 including the status of projects and services;

b. Identification of Council’s principal activities (Council’s Services) and projects to be delivered in 2022/23 and through the life of the new DPOP;

c. Review of all key performance measures for the relevant Services;

d. Further alignment of all budgets to their relevant Services.

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
November 2021	Community Survey	Five key themes identified in feedback (see Engagement Outcomes Report attached.)	Feedback incorporated into drafts.	City Strategy
October 2021 – April 2022	Executive Directors; Group Managers	Involvement in draft DPOP, draft budget development.	Drafts compiled.	Finance; Corporate Strategy

Councillor Consultation

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

Date	Councillor	Councillor Comment	Council Officer Response	Responsibility
17 February	Councillor Induction Session	Introduction to requirements; summary of process; draft plans & budgets.	Guidance incorporated into draft plans.	Finance / City Strategy
4 March	Councillor Workshop	Discussion of Q2 2021/22 DPOP & Quarterly Budget Review reports and opportunities.	Guidance incorporated into draft plans.	Finance / City Strategy
7 March	Councillor Workshop	Discussion on draft plans.	Guidance incorporated into draft plans.	City Strategy
1 April	Councillor Strategy Day	Detailed discussion on draft plans & budgets.	Guidance incorporated into draft plans.	Finance / City Strategy
13 April	Councillor Workshop	Detailed discussion on draft plans & budgets.	Guidance incorporated into draft plans.	Finance / City Strategy
20 April	Finance Committee Meeting	Detailed discussion on draft budgets & ASV proposal	Guidance incorporated into draft plans.	Finance

LEGAL IMPLICATIONS FOR COUNCIL

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

FINANCIAL IMPLICATIONS FOR COUNCIL

13. Parts four and five of the Plan (see Attachments “Draft Part 4 Financial Information – Operational Plan” and “Draft Part 5 Fees & Charges 2022/23”) provide details about the draft budget, rating, and fees and charges structures for 2022/23.

14. In 2022/23, Council is budgeting for a breakeven Statutory Net Operating Result from continuing operations (before capital grants and contributions), with key highlights as below:

a. Improvements in revenue as the impact of Covid-19 reduces and economic activity improves, annual rate peg increase in Rates, improved Domestic Waste Annual Charges, User Fees and Parking fines, offset by;

b. Increased expenses from the soon to be operational 5 Parramatta Sq i.e. PHIVE and the new aquatic and wellness facility in Parramatta.

c. The budget includes improvement to the operating result totaling $2.2m from Service Reviews which are to be delivered in FY22/23

d. IPART rate pegging has been assumed at 0.7%, giving an overall uplift of $1.1m to the budgeted revenue and unrestricted funds. No revenue improvement has been included for an Additional Special Variation (ASV) or Special Rate Variation (SRV).

15. In 2022/23, Council is budgeting for an Unrestricted Net Operating Result deficit of ($5.9m), while the Unrestricted Cash position is budgeted for a surplus of $5.2m, significantly supported by:

a. discontinuation of the Transfer to CBD Infrastructure Reserve Funds of $2.4m

b. movement of outstanding loan payments of $3.6m from General Reserve to Property Reserve.

16. In 2022/23, Council is budgeting to spend $208.3m on capital works, including:

a. $30.5m on the new aquatic and wellness facility in Parramatta.

17. The Long Term Financial Plan has been constructed with the ongoing operational benefits of the endorsed Service Review Initiatives. Five separate scenarios have been prepared with different assumptions and are available in the attachment “Draft Long Term Financial Plan 2022-32.” General inflation has been assumed at 2.5% in all scenarios throughout the period.

a. Scenario 1a): includes a plan for an FY2022/23 breakeven Statutory Net Operating Result from continuing operations (before capital grants and contributions) but does not include any incremental revenue from either an ASV or SRV adjustment to the IPART approved rate peg. The Net Operating Results remain in deficit until FY2030-31.

b. Scenario 1b): includes the assumptions of Scenario 1a) above, in addition to an incremental $2.8m of rates revenue from an IPART approved permanent 1.8% ASV adjustment to the rate peg from FY2022/23. The Net Operating Results remain in surplus across the FY2022-32 period.

c. Scenario 1c): includes the assumptions of Scenario 1b) above in addition to an incremental $4.1m of revenue from an IPART approved permanent SRV adjustment to rate peg of 2.5% from FY2023/24. The Net Operating Results remain in a stronger surplus across the FY2022-32 period.

d. Scenario 2): includes a plan for an FY2022/23 breakeven Statutory Net Operating Result from continuing operations (before capital grants and contributions) in addition to an incremental $8.2m of rates revenue in FY2023/24, from an IPART approved permanent 5.0% SRV adjustment to the rate peg. Funding is allocated to maintain Council’s current level of service into the future, while also maintaining the current asset portfolio at conditions 2 and 3 over the 10 year period. The Net Operating Result return to deficit in FY2024/25 and remain in deficit through to FY2031-32.

e. Scenario 3): includes the assumptions of Scenario 2) above, however funding is allocated to meet the desired levels of service and asset portfolio conditions as agreed with community. The Net Operating Results remain in deficit across the FY2023-32 period.

18. Part five of the plan provides details about the draft fees & charges for 2022/23. The draft fees & charges for 2022/23 provide for a general increase of 5%. Select fees have varied from the standard increase after considering delivery costs and community benefits. Statutory fees are as per determination. Council’s fees and charges have been classified into 12 categories. The attachment “Draft Fees and Charges – Key Changes” includes a list of fees and charges that are new, removed or have either increased/decreased by more than 5%.

19. Council is proposing new or updated fees and charges to prepare for the opening of the new aquatic and wellness facility in Parramatta. These can be viewed in Attachment “Draft Fees and Charges - Key Changes”.

20. Public exhibition of the Delivery Program, Operational Plan and Budget 2022/23 will incur approximately $3,000 in costs for advertising, social media promotion, and translation services for exhibition materials. These costs are fully funded from the Corporate Strategy operating budget.

Dayne Glinkowski

Corporate Strategy Manager

Nicole Carnegie

Group Manager, City Strategy

Amit Sharma

Financial Planning and Analysis Manager

John Angilley

Chief Financial and Information Officer

Brett Newman

Chief Executive Officer

Attachments:

1 ⇩	Draft Delivery Program and Operational Plan (Parts 1, 2 and 3)	50 Pages
2 ⇩	Draft Part 4 Financial Information - Operational Plan	20 Pages
3 ⇩	Draft Part 5 Fees & Charges	46 Pages
4 ⇩	Draft Fees & Charges - Key Changes	37 Pages
5 ⇩	Draft Long Term Financial Plan 2022-32	18 Pages

REFERENCE MATERIAL

Council 23 May 2022 Item 13.2

FOR COUNCIL DECISION

ITEM NUMBER 13.2

SUBJECT Advisory Committees of Council - Terms of Reference (Deferred Item)

REFERENCE F2022/00105 - D08499642

REPORT OF Governance Projects Officer

csp theme: FAIR

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

Policy Review Committee: 21 April 2022

Policy Review Committee: 5 May 2022

This matter was deferred from the Council Meeting of 11 April 2022 for consideration by the Policy Review Committee.

PURPOSE:

The purpose of this report is to seek Council’s approval of a standard Terms of Reference template and the Terms of References for fourteen (14) advisory committees and two (2) statutory committees of Council.

RECOMMENDATION

(a) That Council approve the name of the Bushland and Environment Advisory Committee be amended to Environment Advisory Committee.

(b) That Council approve the name of the Parramatta Light Rail (PLR) Advisory Committee be amended to Parramatta Light Rail (PLR) Stage 2 Advisory Committee.

(c) That Council approve the Terms of Reference template (as per Attachment 1) and the terms of reference for the following committees:

1 5/7 Parramatta Square Advisory Committee (as per Attachment 2)

2 Access Advisory Committee (as per Attachment 3)

3 Active Transport Advisory Committee (as per Attachment 4)

4 CEO Performance Review Committee (as per Attachment 5)

5 Citizen of the Year Awards Committee (as per Attachment 6)

6 Environment Advisory Committee (as per Attachment 7)

7 Finance Committee (as per Attachment 8)

8 First Nations Advisory Committee (as per Attachment 9) with the membership criteria as per the Officer’s Recommendation in paragraph 7 outlined in the report

9 Floodplain Risk Management Committee (as per Attachment 10)

10 Grants Committee (as per Attachment 11)

11 Heritage Advisory Committee (as per Attachment 12)

12 Parramatta Light Rail (PLR) Stage 2 Advisory Committee (as per Attachment 13)

13 Policy Review Committee (as per Attachment 14)

14 Public Art & Heritage Interpretation Advisory Committee (as per Attachment 15)

15 Riverside Theatres Advisory Committee (as per Attachment 16)

16 Smart City Advisory Committee (as per Attachment 17).

(d) That Council note the previously resolved PLR Stage 2 Advisory Committee membership (as per the 11 April 2022 Council Meeting) is inconsistent with the standard Terms of Reference template (Attachment 1), which provides for the Lord Mayor to be a member and Chair of committees, and Council may wish to consider resolving to update the membership of the PLR 2 Committee to be consistent with the Terms of Reference.

(e) Further that Council note the recommendations of the Policy Review Committee as set out in paragraphs 7 through to 12 of this report, specifically noting that the recommended amendments to the First Nations Advisory Committee have not been accepted based on staff advice, as set out in paragraph 7.

BACKGROUND

1. At its meeting on 11 April 2022, Council resolved as follows:

“(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 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:

*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 appoint representations for the current term of Council as follows:

i. Councillors Maclean, Prociv, Bradley and Wearne to the 5/7 Parramatta Square Advisory Committee.

ii. Councillors Wang, Esber, Humphries, Darley and Deputy Lord Mayor Pandey to the Grants Committee.

iii. Councillors Davis, Prociv and Garrard to the Public Art & Heritage Interpretation Advisory Committee.

iv. Councillors Valjak, Humphries, Davis and Maclean to the Riverside Theatres Advisory Committee, with Councillors Noack and Pandey appointed as alternates.

v. Deputy Lord Mayor, Councillor Pandey to the Smart Cities Advisory Committee.

vi. Councillors Bradley, Darley and Garrard to the Bushland and Environment Advisory Committee, with Councillor Prociv appointed as an alternate.

vii. Councillors Noack, Pandey and Siviero to the Parramatta Light Rail Advisory Committee with Councillor Prociv appointed as an alternate.

(g) That Council defer the Terms of Reference set out at Attachment 3 to an urgent Policy Review Committee meeting.

(h) Further, that the dates for the committee meetings and expressions of interest process be coordinated through the Lord Mayor, in coordination with Governance, without further delay.”

2. The Terms of Reference have been reviewed by the Policy Review Committee and are now presented to Council for approval.

ISSUES/OPTIONS/CONSEQUENCES

Standard Terms of Reference

3. A summary of the changes proposed to the Standard Terms of Reference are listed in the table below:

Terms of Reference as per 11 April 2022 Council Meeting

Amendment recommended by the PRC

Staff Comment

Alternate Members

3.12 Any member who is appointed as an alternate member will be provided with all information (meeting invite, agenda, minutes, presentations, etc) as an appointed member.

3.13 If an appointed member is unable to attend a meeting for any reason, the appointed member is to notify an alternate member of their absence.

3.14 Alternate members may attend meetings of the [Advisory] Committee in either capacity as an appointed or alternate member.

Alternate Members

3.12 Alternate members may attend meetings of the [Advisory] Committee in either capacity as an appointed or alternate member.

3.13 If an appointed member is unable to attend a meeting for any reason, then the alternate member should be notified of their absence. If a member has not given notice of an absence and is not present, the alternate member assumes the role of member until such time the appointed member is present.

3.14 Any member who is appointed as an alternate member will be provided with all information (meeting invite, agenda, minutes, presentations, etc) as an appointed member.

Accepted and changes incorporated.

Member Attendance at Meetings

3.15 If a member is absent for two (2) consecutive meetings without an apology, the Committee Convenor will attempt to contact the member to clarify whether they are still interested in continuing to be a member of the [Advisory] Committee.

Member Attendance at Meetings

3.15 If a member is absent for two (2) consecutive meetings without an apology, the Committee Convenor, in consultation with the Chair, will attempt to contact the member to clarify whether they are still interested in continuing to be a member of the [Advisory] Committee.

Accepted and changes incorporated.

Voting Membership

5.8 For Committees with agency representation, State Government and Council representatives are “non-voting” members. All other members are “voting” members.

Voting Membership

5.8 For Committees with agency representation, State Government and Council officers are “non-voting” members. All other members are “voting” members.

No change.

At the 21 April 2022 and 5 May 2022 meetings, the Policy Review Committee briefly discussed and noted that the standard terms of reference provide that where Council officers are members of advisory Committees, Council officers are voting members, except for Committees with State and Federal Government Department representation, where government representatives and Council officers are non-voting members.

The clause was initially intended to capture a clause present in the Floodplain Risk Advisory Committee, which did not allow for state government members to vote.

This clause will remain non-mandatory, and has been inserted relevantly into the individual committees’ terms of references.

Proposed clause:

5.8 For Committees with State and Federal Government Department representation, Government representatives and Council officers are “non-voting” members. All other members are “voting” members.

Strategic Planning and Annual Report on the conduct of the Committee

5.19 At the beginning of the term of the [Advisory] Committee, and once per year, members will work with the [Advisory] Committee Convenor to plan the objectives and priorities for the upcoming year. This will involve evaluation of work over the preceding year and identification of priorities for the year ahead in the context of Council business, indicators of effectiveness, and any additional training required to enable members to carry out their duties on the [Advisory] Committee.

5.20 An annual report on the conduct of the [Advisory] Committee, the meetings held, key issues considered and activities undertaken will be prepared by the [Advisory] Committee Convenor, in consultation with the Chairperson, and reported to Council prior to the end of the calendar year.

Remove

Accepted and changes incorporated.

Role of the Committee Convenor

6.1 The [Advisory] Committee is convened by a Council officer known as the ‘Committee Convenor’. The Convenor is responsible to: a. set the agenda with input from members and/or Council including allocation of time for agenda items;

b. attend each meeting;

c. ensure meetings are run according to Council’s Code of Conduct and the Terms of Reference;

d. liaise between the [Advisory] Committee and other officers within Council as determined by the [Advisory] Committee’s business; e. finalise [Advisory] Committee minutes;

f. prepare annual reports, in consultation with the Chairperson, on the conduct of the [Advisory] Committee;

g. prepare Council reports on specific actions / recommendations from the [Advisory] Committee

h. act as moderator of meetings where the majority of participants attend via remote means.

Remove point f. prepare annual reports, in consultation with the Chairperson, on the conduct of the [Advisory] Committee;

Accepted and changes incorporated.

Conflict of Interest

7.3 If necessary, the member concerned will be asked to leave the room while the matter is being discussed.

Conflict of Interest

7.3 If necessary, the member concerned should consider leaving the room while the matter is being discussed.

Accepted and changes incorporated.

Community Membership Application Process

1.8 Any applications that meet the criteria but are not appointed as members, will be retained on an eligibility list for a period of six (6) months following any expression of interest process undertaken to appoint members. The eligibility list will expire six (6) months from the date Council appoints its members.

Community Membership Application Process

1.8 Any applications that meet the criteria but are not appointed as members, will be retained on an eligibility list for a period of twelve (12) months following any expression of interest process undertaken to appoint members. The eligibility list will expire twelve (12) months from the date Council appoints its members.

Accepted and changes incorporated.

4. Separate from the recommendations of the Policy Review Committee, the following clause is recommended to be included into the standard Terms of Reference template to provide clarity for members of each Committee:

Section	Proposed Clause	Staff Comment
“Duties of Appointed Members”	3.6 To participate in the discussion and to vote on outcomes of the [Advisory] Committee.	This clause is intended to provide clarity to members. Votes are taken on outcomes of the committee, and not resolutions.

5. The Policy Review Committee was supportive of the specific terms of reference for the following Committees:

· 57 Parramatta Square Advisory Committee

· Access Advisory Committee

· Active Transport Advisory Committee

· Citizen of the Year Committee

· Finance Committee

· Flood Plain Risk Management Committee

· Grants Committee

· Heritage Advisory Committee

· Policy Review Committee

· Riverside Theatres Advisory Committee.

6. Changes were recommended to the terms of references for the remaining committees. A summary of changes as suggested by the Policy Review Committee are set out below:

Terms of Reference as per 11 April 2022 Council Meeting

Amendment suggested by the PRC

Staff Comment

First Nations Advisory Committee

Membership Criteria:

3.22 Applications for the First Nations Advisory Committee are open to First Nations people who meet one or more of the following criteria:

a. Reside in the Parramatta Local Government Area;

b. Work, study or have a specific connection to the Parramatta Local Government Area;

c. Are members of the Dharug community

3.23 Applications for membership are encouraged from First Nations people from the following subcategories, with a focus on gender diversity and the diversity of the group as a whole:

a. Young people;

b. Elders;

c. Dharug.

Membership Criteria:

3.22 Applicants must be:

a. First Nations people who live, work, study or have a strong commitment to the Parramatta LGA or

b. A member of the tribal Dharug people or

c. An individual or representative of a local community organisation with a demonstrated commitment, sensitivity to and understanding of issues relating to the local First Nations people.

3.23 Applications for membership are encouraged from First Nations people from the following subcategories, with a focus on gender diversity and the diversity of the group as a whole:

a. Young people;

b. Elders;

c. Dharug.

3.24 Total membership must consist of a majority of people who identify as First Nations.

Not accepted.

The officer’s recommendation for the membership criteria remains that the committee should consist only of First Nations people. This is a result of recommendations made by an independent consultant of the committee and its functioning during a review conducted in 2021.

CEO Performance Review Committee

Specific Purpose of CEO Performance Review Committee

1.2 The CEO Performance Review Committee is a committee required by a directive from the Office of Local Government and in the management of a CEO’s performance and the development of a performance agreement. The Committee will operate under the issued “Guidelines for the appointment and oversight of General Managers”.

Accepted and changes incorporated.

Specific Membership Criteria:

3.19 The Committee will comprise such members as are appointed by Council from time to time, including:

a. The Lord Mayor of the day;

b. The Deputy Lord Mayor;

c. One (1) Councillor nominated by the governing body;

d. One (1) Councillor nominated by the CEO.

Specific Membership Criteria

3.19 The Committee will comprise such members as are appointed by Council from time to time, including:

a. The Lord Mayor of the day;

b. The Deputy Lord Mayor;

c. Two (2) ~~One (1)~~ Councillor nominated by the governing body;

d. One (1) Councillor nominated by the CEO.

Accepted and changes incorporated.

Smart City Advisory Committee

Specific Purpose of Smart City Advisory Committee

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

a. 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,

b. Generating and assisting to refine and prioritise proposals that will underpin Parramatta’s Smart City transformation,

c. Provide advice on industry trends and potential project risks for the program.

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

e. Assist Council to deliver actions aligned to Council’s Smart City Masterplan, Digital Transformation Strategy, and ICT Strategy.

Specific Purpose of Smart City Advisory Committee

1.2 To provide a trusted sounding board and independent advice to Council, to guide innovation and to ensure the development of the City of Parramatta as a Smart City and an innovative Council.

Accepted and changes incorporated.

Specific Roles and Responsibilities of the Smart City Advisory Committee

2.5 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 will include:

b. Generating and assisting to refine and prioritise proposals that will underpin Parramatta’s Smart City transformation,

c. Provide advice on industry trends and potential project risks for the program.

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

e. Assist Council to deliver actions aligned to Council’s Smart City Masterplan, Digital Transformation Strategy, and ICT Strategy.

Specific Roles and Responsibilities of the Smart City Advisory Committee

2.5 To provide a trusted sounding board and independent advice to Council, to guide innovation and to ensure the development of the City of Parramatta as a Smart City and an innovative Council.

Accepted and changes incorporated.

Public Art and Heritage Interpretation Advisory Committee

Frequency of Meetings

5.1 The Public Art and Heritage Interpretation Advisory Committee will meet as required in line with live public art and/or heritage interpretation project key milestones, or as determined by the Chair. Details of meeting commitments will be detailed in any expression of interest information package.

Frequency of Meetings

5.1 The Public Art and Heritage Interpretation Advisory Committee will meet as required in line with ~~live~~ public art and/or heritage interpretation project key milestones, or as determined by the Chair. Details of meeting commitments will be detailed in any expression of interest information package.

Accepted and changes incorporated.

Environment Advisory Committee:

7. Upon the advice of technical specialists, it is proposed that the Bushland and Environment Advisory Committee be renamed to the Environment Advisory Committee to reflect best practice standard terminology across Local Government and keep Council consistent with the jargon of the local government sector, noting the term “environment” is broad enough to encapsulate the term bushland.

8. The Policy Review Committee requested the terms of reference for the Environment Advisory Committee to be referred to Council’s Waste Team for consultation. Council’s Waste Team have received the terms of reference and any feedback from the team will be provided to Councillors prior to the Council meeting.

Parramatta Light Rail (PLR) Stage 2 Advisory Committee:

9. The Policy Review Committee requested the purpose and scope of the Parramatta Light Rail (PLR) Stage 2 Advisory Committee to be reviewed with interested Councillors and relevant staff.

10. The terms of reference have now been reviewed by interested Councillors and relevant staff on 10 May 2022 and were circulated to the Policy Review Committee on 12 May 2022. As part of these discussions, it is recommended the Committee be re-named to Parramatta Light Rail (PLR) Stage 2 Advisory Committee to reflect the true purpose of the committee.

11. The proposed terms of reference for the PLR Stage 2 Advisory Committee are attached to this report.

12. At the 11 April 2022 Council meeting, Council resolved to appoint Councillors Noack, Pandey and Siviero to the PLR Stage 2 Advisory Committee. It should be noted, for committees where there are no community representatives, as per the provisions in the standard terms of reference (refer clauses 4.2 to 4.5), the Lord Mayor of the day is intended to be the Chairperson of the Advisory Committee. As the Lord Mayor was not appointed to the PLR Committee, there is now an inconsistency between the specific membership and the election of Chairperson/ Deputy Chairperson, which Council may resolve to remedy, for example, by appointing the Lord Mayor to the committee in addition to the existing three (3) appointed Councillors, or by re-appointing membership to the committee entirely.

CONSULTATION & TIMING

Stakeholder Consultation

13. 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
9/5/2022	Waste Services	Pending response	Consultation will occur in relation to the Environment Advisory Committee. Councillors will be provided any feedback prior to the meeting.	Governance

Councillor Consultation

14. 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
21 April 2022	Policy Review Committee	Supportive of the generic Terms of Reference template. Supportive of the Terms of Reference for: · 57 Parramatta Square Advisory Committee · Active Transport Advisory Committee · Citizen of the Year Committee · First Nations Advisory Committee · Flood Plain Risk Management Committee · Grants Committee · Heritage Advisory Committee Further meeting requested to address the Terms of Reference for: · Access Advisory Committee · CEO Performance Review Committee · Environment Advisory Committee · Finance Committee · Policy Review Committee · Smart City Advisory Committee	Noted. Feedback recommended by the committee was accepted and respective changes have been made in the standard template. Feedback recommended by the committee was not accepted for the First Nations Advisory Committee, and therefore two options have been provided to Council to decide on.	Governance
5 May 2022	Policy Review Committee	Supportive of the Terms of Reference for: · Access Advisory Committee · Finance Committee · Policy Review Committee Slight amendments proposed within the Terms of Reference for: · CEO Performance Review Committee · Environment Advisory Committee · Smart City Advisory Committee	Noted. Feedback recommended by the committee was accepted and respective changes have been made to the respective terms of reference.	Governance
10 May 2022	Councillor Noack	Supportive of proposed scope for the specific purpose, specific roles and responsibilities and confidentiality clauses.	Noted.	CFIO Governance

LEGAL IMPLICATIONS FOR COUNCIL

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

FINANCIAL IMPLICATIONS FOR COUNCIL

16. There are no financial implications for Council associated with the review and consideration of the Terms of Reference for Council Committees. The resources required to consult with the Policy Review Committee is provided for within the existing adopted budget.

	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

Rebecca Srbinovska

Governance Projects Officer

Patricia Krzeminski

Governance Manager

John Angilley

Chief Financial and Information Officer

Brett Newman

Chief Executive Officer

Attachments:

1 ⇩	Standard Terms of Reference Template	10 Pages
2 ⇩	5/7 Parramatta Square Advisory Committee Terms of Reference	10 Pages
3 ⇩	Access Advisory Committee Terms of Reference	12 Pages
4 ⇩	Active Transport Advisory Committee Terms of Reference	12 Pages
5 ⇩	CEO Performance Review Committee Terms of Reference	9 Pages
6 ⇩	Citizen of the Year Awards Committee Terms of Reference	9 Pages
7 ⇩	Environment Advisory Committee Terms of Reference	12 Pages
8 ⇩	Finance Committee Terms of Reference	10 Pages
9 ⇩	First Nations Advisory Committee Terms of Reference	13 Pages
10 ⇩	Floodplain Risk Management Committee Terms of Reference	12 Pages
11 ⇩	Grants Committee Terms of Reference	10 Pages
12 ⇩	Heritage Advisory Committee Terms of Reference	12 Pages
13 ⇩	Parramatta Light Rail (PLR) Stage 2 Advisory Committee Terms of Reference	13 Pages
14 ⇩	Policy Review Committee Terms of Reference	9 Pages
15 ⇩	Public Art and Heritage Interpretation Advisory Committee Terms of Reference	10 Pages
16 ⇩	Riverside Theatres Advisory Committee Terms of Reference	13 Pages
17 ⇩	Smart City Advisory Committee Terms of Reference	12 Pages

REFERENCE MATERIAL

Council 23 May 2022 Item 13.3

FOR COUNCIL DECISION

ITEM NUMBER 13.3

SUBJECT Naming Proposal for Unnamed Winston Hills Service Laneway

REFERENCE F2022/00105 - D08448063

REPORT OF Senior Project Officer Place Services

CSP THEME: THRIVING

workshop/briefing date: A Ward Briefing was held with North Rocks Councillors on 3 March 2022 and a Councillor Briefing Note informing Councillors of the Naming Proposal of the Unnamed Service Laneway in Winston Hills was circulated on 9 March 2022 to all Councillors via the Councillor Portal and the Councillor Weekly Newsletter.

PURPOSE:

To endorse the preferred name for an unnamed service laneway that curves behind the Lomond Centre, Winston Hills.

RECOMMENDATION

(a) That Council endorse the preferred name, Siegfried Lane, for the unnamed service laneway that curves behind the Lomond Centre, Winston Hills NSW 2153. The name and location for the unnamed laneway is illustrated in the Site Map (see Attachment 1).

(b) Further, that this name be referred to the Geographical Names Board (GNB) of NSW for formal assignment and Gazettal under the Geographical Names Act 1996.

BACKGROUND

1. The unnamed service laneway is situated behind the Lomond Centre and is perpendicular with Lomond Crescent to the east and intersects with Glasgow Street to the south, Winston Hills NSW 2153, and is primarily used for deliveries to businesses operating within the retail strip, and their waste collection (see Attachment 1).

2. City of Parramatta Council’s Road Naming Policy (Policy 283) and the NSW Address Policy and User Manual (May 2021) developed by NSW Geographical Names Board (GNB) identify Council as the responsible authority for the provision of address numbering to all properties and road names to all local and private roads situated within the Parramatta Local Government Area (LGA). Council is also responsible for endorsing the authoritative road name and ensuring the authoritative road name is endorsed by the GNB.

3. The naming of road infrastructure is necessary to provide accurate addressing for deliveries within the development, not only to identify an owners’ individual business, but also for navigation, emergency response, service delivery (utilities, post) and for statistical analysis.

4. To ensure that all road naming is comprehensible, clear, accepted, unambiguous and readily communicated, property addresses and road names must comply with Chapter 6 “Addressing Principles” of the NSW Address Policy and User Manual (2021). In the preparation of this project, Council utilised preferred sources in line with this policy and section 3.2 in Council’s Road Naming Policy (Policy 283), which identifies desirable sources as:

a. Aboriginal names,

b. Local history, including early explorers, settlers, and other eminent persons,

c. Thematic names such as flora and fauna,

d. Landmarks, and

e. Names appropriate to the physical, historical or cultural character of the area.

5. The use of the road as a service laneway for deliveries and waste collection has rendered it an inappropriate site for the consideration of indigenous names.

6. Council’s Cultural, Heritage & Tourism (CHT) team researched the history and identity of the area and proposed several names for consideration. A request was also submitted to Council in late 2020 from Ms Gisela Fischer requesting if the unnamed service laneway could be named after her father Sigfried Fischer, who passed away in 2015 and was a well-known community member who contributed significantly to his community.

7. These names were then submitted to the GNB for ‘pre-approval’ to check the eligibility of the proposed names. This evaluation ensured that only names that meet the uniqueness requirements of the NSW Address and User Manual (2021) are publicly exhibited and then presented to Council for consideration. Uniqueness is considered the most essential quality to be sought in proposing a new road name. Within the GNB’s evaluation, a road name will be regarded as a duplicate (and therefore rejected for use) if it is the same or similar in spelling or sound to an existing name, regardless of the road type.

ISSUES/OPTIONS/CONSEQUENCES

8. The exhibited names, pre-approved for use by the GNB, are listed with their description in the table below. A list of all shortlisted names (including those rejected by the GNB due to ‘duplication’) are at Attachment 2.

Proposed Name	Context
Wynd Lane	Scottish word meaning narrow lane or alley.
Ben Lane	In reference to Ben Lomond in Scotland (mountain in the Scottish Highlands).
Siegfried Lane	In acknowledgement of Mr Siegfried Fischer who resided at 4 Glasgow Street, Winston Hills for 40 years and the "service lane" runs alongside the residence in which he lived. He was a well-known and much loved community member who contributed significantly to his community.

9. The Research & Engagement team developed and arranged public consultation on the proposed names via Council’s engagement portal, Participate Parramatta. Public consultation ran for three weeks (16 business days) from Wednesday 23 March to Wednesday 13 April 2022. Letters were sent via Australia Post to 165 impacted residents and an email was also sent directly to the business in the Lomond Centre. Targeted social media was also utilised to alert residents and nearby businesses of the opportunity to provide feedback.

10. Overall, the opportunity to provide feedback for this project was presented to an estimated 24,297 occasions culminating in 89 formal contributions. Of those that made formal contributions, the community sentiment was positive, with Siegfried Lane the preferred of the three exhibited names, with 69% of survey respondents expressing support for this name for the unnamed service laneway.

11. All names satisfy the addressing requirements of the Geographic Names Board (GNB), which has given prior concurrence for the use of either of the proposed names at this location.

CONSULTATION & TIMING

Stakeholder Consultation

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

Date

Stakeholder

Stakeholder Comment

Council Officer Response

Responsibility

23.03.22 – 13.04.22

The community, via Council’s Participate Parramatta Engagement Portal

Feedback was captured through a survey hosted on the project page. Verbatim responses provided by community members is provided in Attachment 3.

The project page saw 1295 unique visitors and 1587 views. This resulted in a conversion of 89 completed surveys. Responses received from the community were reviewed against the Geographical Names Board of NSW ‘NSW Address Policy and User Manual’ (May 2021) guidelines for naming roads. No feedback identified the proposed names to be offensive, racist, derogatory or demeaning.

Senior Project Officer, Place Services

Community Engagement Officer, Research & Engagement

21.03.22	165 impacted residents via direct mail out	Verbatim responses that may have been generated by accessing the survey from the poster’s QR code are provided in Attachment 3.	Letters detailing the exhibition and how to submit formal feedback were sent to residents and businesses near the unnamed service laneway.	Senior Project Officer, Place Services Printing Officer, Corporate Services
23.03.22	The community, via 4 corflute signs and postcards which were left with business’	Verbatim responses that may have been generated by accessing the survey from the poster’s QR code are provided in Attachment 3.	A poster was designed to support and promote the exhibition. The poster also included a QR code which received a total of 38 scans.	Senior Project Officer, Place Services
23.03.22 – 13.04.22	The community, via Social Media	Feedback was captured through a survey hosted on the project page. Verbatim responses provided by community members is provided in Attachment 3.	A paid campaign across Facebook and Instagram. Overall, the social media combined campaign garnered a reach of 5930 resulting in 378 clicks to the project page.	Community Engagement Officer, Research & Engagement
23.03.22	The community, via Participate Parramatta Newsletter	Verbatim responses provided by community members and a summary of engagement findings is provided in Attachment 3.	Electronic direct notification was issued via the Participate Parramatta Newsletter (10,602 subscribers), seeing a 42.5% open rate.	Community Engagement Officer, Research & Engagement

13. In addition to this, there were eight suggestions for alternative names from the community which have been submitted to the GNB for ‘pre-approval’ to check the eligibility of the proposed names. Seven names returned with a duplication which were the same or similar in spelling or sound to an existing name, regardless of the road type, and one name suggestion was for a person currently living and the use of the name of a living person is unacceptable (nationally and internationally) as it may lead to favouritism and/or inappropriate naming. As such, none of the eight naming suggestions provided during community consultation met GNB requirements.

Councillor Consultation

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

Date

Councillor

Councillor Comment

Council Officer Response

Responsibility

03.03.22

A briefing was provided to the North Rocks Ward Councillors

No comments provided

Senior Project Officer, Place Services

09.03.22

All - via a Councillor Briefing Note distributed through the Councillor Portal and the Councillor Weekly Newsletter.

No comments provided

Senior Project Officer, Place Services

LEGAL IMPLICATIONS FOR COUNCIL

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

FINANCIAL IMPLICATIONS FOR COUNCIL

16. If Council resolves to approve this report in accordance with the proposed resolution, the financial impact on the budget is set out in the table below. Council should note:

a. External operating costs associated with this project are $100 for paid advertisements to support engagement as part of the community consultation component of this project and are budgeted within Service Code 420097 – Road Naming and funded from General Revenue.

b. Once the naming proposal is approved, including gazettal by the GNB, Council is the responsible authority for the fabrication and installation of street signs (including the subject street poles and sign blades).

c. The notification to relevant government authorities and publishing in the Government Gazette is currently provided without charge by the GNB.

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

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

Funding Source

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

Funding Source

CAPEX
CAPEX
External
Internal
Other
Total CAPEX	Nil

Kim Marsh

Senior Project Officer Place Services

Bruce Mills

Group Manager Place Services

John Angilley

Chief Financial and Information Officer

Bryan Hynes

Executive Director Property & Place

Brett Newman

Chief Executive Officer

Attachments:

1 ⇩	Site Plan	1 Page
2 ⇩	List and description of Proposed Names	2 Pages
3 ⇩	Unnamed Service Laneway Winston Hills - Engagement Evaluation Report	14 Pages

REFERENCE MATERIAL

Council 23 May 2022 Item 13.4

FOR COUNCIL DECISION

ITEM NUMBER 13.4

SUBJECT Post-exhibition report for Planning Proposal and draft Planning Agreement for 22 Noller Parade, Parramatta

REFERENCE F2022/00105 - D08494866

APPLICANT/S Hamptons Property Services Pty Ltd

OWNERS Jimstam Holdings Pty Ltd

REPORT OF Project Officer

CSP THEME: INNOVATE

Development applications considered by Sydney central city planning panel Nil

workshop/briefing date: 18 May 2022

PURPOSE

To detail submissions received during the public exhibition of a Planning Proposal and draft Planning Agreement relating to land at 22 Noller Parade, Parramatta. The report seeks Council’s approval to finalise the Planning Proposal and draft Planning Agreement.

RECOMMENDATION

(a) That Council receives, and notes submissions made during the public exhibition of the Planning Proposal and draft Planning Agreement for 22 Noller Parade, Parramatta (at Attachment 1).

(b) That Council approve the Planning Proposal (at Attachment 2) for land at 22 Noller Parade, Parramatta for finalisation that seeks the following amendments to the Parramatta Local Environmental Plan 2011 (PLEP 2011):

i. Amend the Land Zoning Map from R2 Low Density Residential to R4 High Density Residential.

ii. Amend the maximum building height on the Height of Buildings Map from RL 14 metres (4 storeys) to RL 17 metres (5 storeys).

iii. Amend the maximum Floor Space Ratio (FSR) on the FSR Map from zero (nil) to 1.5:1.

(c) That Council approve the draft Planning Agreement (at Attachment 3) for finalisation, that proposes a monetary contribution to undertake public domain works associated with, and new connections to, the Alfred Street Bridge.

(d) That the Planning Agreement be executed and registered on title before the Planning Proposal is sent to the Department of Planning and Environment for finalisation.

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

(f) Further, that Council delegates authority to the Chief Executive Officer to make any minor amendments and corrections of a non-policy and administrative nature that may arise during the finalisation process relating to the Planning Proposal and Planning Agreement.

PLANNING PROPOSAL TIMELINE

SITE DESCRIPTION

1. The subject site is located on a single lot at 22 Noller Parade, Parramatta and is shown in Figure 1 below. It has an approximate site area of 908m² and is bounded by Noller Parade to the south, Alfred Street to the east and the Parramatta River to the north.

2. The site has access to future, high quality active and public transport connections. The site adjoins the under-construction Alfred Street pedestrian and cycle bridge and associated public domain and is within 200m of the Parramatta Light Rail stop being constructed on Tramway Avenue.

3. A single storey dwelling with a detached garage is currently located on the site, which is located at the eastern end of an established residential block and situated between medium density residential development to the west, and high density residential development to the east, with some low density residential development to the south-east.

Figure 1 – Location of 22 Noller Parade, Parramatta subject to the Planning Proposal

BACKGROUND

4. On 6 December 2018, Council received a Planning Proposal relating to land at 22 Noller Parade, Parramatta. On 19 June 2019, the applicant submitted a revised Planning Proposal (Attachment 2) in response to Council officers’ initial concerns about the scale of the proposed development.

5. At its meeting on 17 September 2019, the Local Planning Panel (LPP) considered a report on the amended Planning Proposal for the subject site and recommended it proceed for Gateway determination. Subsequently, at its meeting on 8 October 2019, Council considered this matter, and resolved to request a Gateway determination for the Planning Proposal.

6. A Gateway determination was issued by the (then) Department of Planning, Industry and Environment (DPIE) on 5 December 2019. As part of this determination, the DPIE authorised Council as the local plan-making authority, which means that should the matter proceed, Council officers will deal directly with the Parliamentary Counsel Office on the legal drafting and mapping of the amendment. The LEP amendment will then be signed by the CEO before being notified on the NSW Legislation website.

7. On 12 July 2021, Council resolved to endorse the legal drafting of a Planning Agreement (Attachment 3) to facilitate a monetary contribution of $225,000 to Council for the purposes of contributing towards the delivery of public domain works associated with, or new connections to, the Alfred Street Bridge. Council also resolved that the draft Planning Agreement be placed on exhibition concurrently with the Planning Proposal.

8. On 12 April 2022, the now Department of Planning and Environment (DPE) granted an extension to the Gateway determination, with the LEP to be completed by 30 June 2022 (Attachment 4).

9. The LPP considered the outcome of the public exhibition of this Planning Proposal at its meeting on 19 April 2022 (Attachment 1). The attachment provides a more detailed review of the Planning Proposal and the exhibition outcomes. A response to the LPP recommendation is provided in the Parramatta Local Planning Panel section of this report below.

DESCRIPTION OF PLANNING PROPOSAL

10. The Planning Proposal seeks to amend the PLEP 2011 as follows:

	Existing	Proposed
Land Use Zoning	R2 Low Density Residential	R4 High Density Residential
Height of Buildings	RL14m (up to 4 storeys)	RL17m (up to 5 storeys)
Floor Space Ratio	No FSR	1.5:1
Number of Dwellings that can be accommodated	2 (dual occupancy)	Up to 16 apartments

11. The site is subject to Reduced Level (RL) height measurements with regards to Height of Buildings. RLs are an exact building height measurement where zero (0) metres approximates the mean sea level using the Australian Height Datum and was adopted by the National Mapping Council of Australia in May 1971. RL heights have been implemented in areas of the LGA, such as this site, which are subject to heritage view lines and potential flooding.

12. Given the relatively minor nature of the Planning Proposal, the preparation of a site-specific Development Control Plan (DCP) is not required. Any future development will be assessed under the existing provisions of the Parramatta DCP 2011.

13. The proposed height increase from RL14m to RL17m is considered a minimal height increase compared to the existing four storey residential flat building to the west of the site whilst providing an appropriate transition to the high density residential development within the B4 zone to the east (Figure 2 below).

Figure 2 – Reference design bulk and scale in situation (to the left).

SUMMARY OF PUBLIC EXHIBITION OUTCOME

14. A total of three (3) submissions were received during the public exhibition period comprising one (1) from the community and two (2) from Government agencies (NSW State Emergency Services and Environment, Energy and Science). Overall, one submission objected in full, and two submissions raised comments for Council officer’s consideration, without expressing support or objection to the proposal.

15. Concerns raised by the objector include:

a. Impact on heritage items and vistas, access to sunlight, and the bulk and scale of the indicative design;

b. Issues relating to overflow parking and increased traffic and traffic queuing; and

c. Concerns relating to flood risk.

The Planning Proposal meets the strategic merit of Council’s planning policies and will not result in adverse impacts. Additionally, the Planning Proposal will not significantly impact the traffic network and does not pose significant flood risks (refer to the Council officer report to the Local Planning Panel at Attachment 1 for further detail).

16. The State agencies provided comments relating to development on flood prone land. Council officers have assessed the Planning Proposal as not posing significant flood risks to future occupants. Any future development application for the site will be subject to flood assessment at the DA stage.

17. Following consideration of the results of the public exhibition and the additional flooding investigations as recommended by the LPP, the Planning Proposal is recommended to proceed for finalisation as exhibited. Refer to the Council officer report to the Local Planning Panel at Attachment 1 for further details.

PARRAMATTA LOCAL PLANNING PANEL

18. The LPP considered this matter at its meeting on 19 April 2022. The Council officer report to the LPP and minute of the LPP decision is provided at Attachment 1. The LPP recommended:

That further investigation be undertaken regarding the potential flooding risk of the site and the associated impacts this may have on the land use of the ground floor and resident safety. The Panel notes the proximity of 125-129 Arthur Street to this site (which the Panel has previously dealt with) and the desirability of adopting a consistent policy approach.

The Panel gives no weight to the indicative plans provided as part of the planning proposal noting that they do not satisfy ADG separation requirements.

19. Council officers have discussed the proposal further with Council’s Flood Engineers, and despite the concerns raised by the LPP, it is recommended that the Planning Proposal progress as exhibited given that the site does not pose significant flood risks for future occupants for the following reasons:

a. The site is located within a flood prone area that is subject to the Probable Maximum Flood (PMF) only.

b. The site is not subject to high hazard flooding conditions in a 1% Annual Exceedance Probability (AEP) flood (refer to Figure 3).

c. The site is not subject to riverine flooding in a 1% AEP event. The predicted riverine flood level is RL5.1.

d. In general, recent rainfall and consequent flooding events were generally close to a 1 in 5-year intensity. The site was not impacted by these recent flooding events.

20. At the meeting the Panel noted high flooding risks associated with a Development Application for 125-129 Arthur Street that the Panel was considering at the same meeting, which is within proximity to the subject site (see Figure 3 below).

Figure 3 – Flood prone area map for 22 Noller Parade (top left) and 125-129 Arthur Street, Parramatta (bottom right).

21. In comparison to the subject Planning Proposal, 125-129 Arthur Street is within a medium to high flood risk zone and is subject to high hazard flooding (5% AEP flood – 1-in-20 year ARI), 1% AEP flood, and a PMF flood.

22. Development in flood prone areas in NSW is guided by State policies and manuals. The NSW Flood Policy, existing Floodplain Development Manual and the new Draft Flood Risk Management Manual require assessment of development based on merit and risk. Council’s DCP requires new habitable floors to be at the Flood Planning Level (1% AEP plus 500mm freeboard) or higher in response to these manuals. The site is not affected by the 1% AEP.

23. The indicative design included in the Planning Proposal (Attachment 2) demonstrates that future residential development can comply with the flooding controls in Council’s DCP.

24. The indicative plans provided in support of the Planning Proposal have not been assessed in detail against the Apartment Design Guide (ADG) separation requirements as part of the assessment process. However, such an assessment will be undertaken when a Development Application is lodged. The submitted indicative design is a reference only and has no legal weight in relation to any potential development application that will be required to be compliant with all relevant planning controls.

25. Building separation requirements within the ADG are provided to achieve visual privacy between higher density forms of development. Compliant building separation as required by the privacy criteria of the ADG is often not able to be achieved in established residential areas, such as the subject site. In such cases, visual privacy (and hence ADG compliance) can still be achieved through the introduction of raised windowsill heights and privacy screening to direct views away from neighbouring properties.

26. In summary, Council officers recommend this Planning Proposal be finalised as exhibited as there are no significant flood risks to the site, and a building can be accommodated that complies with relevant flood planning controls.

PLANNING AGREEMENT

27. The exhibited draft Planning Agreement (Attachment 3) includes the following key elements:

	Item	Costs for Planning Agreement	Value attributing public benefit
1.	Monetary contribution towards Public Domain works associated with, or new connections to, the Alfred Street Bridge	$225,000	$225,000
2.	Relinquishment of access (at the Alfred Street frontage to facilitate public domain works associated with the Alfred Street Bridge)	Nil cost attributed in VPA	Nil cost attributed in VPA
Staging	75% of the monetary contribution prior to the issue of a Construction Certificate (CC) 25% of the monetary contribution prior to the issue of any occupation certificate (OC) (interim or final)	Yes	Yes
	Total	$225,000	$225,000

28. The draft Planning Agreement will see a financial contribution of $225,000 paid to Council as additional funding for Council-led delivery of future public domain upgrades to facilitate improved pedestrian connections on the southern side of the under-construction Alfred Street Bridge (Figure 4). These proposed works have been designed as a part of the Alfred Street Bridge project. The proposed monetary contribution is preferred by Council officers as it supports the coordinated delivery of the bridge construction and public domain upgrades. Further detail of the draft Planning Agreement, which is supported by the Executive Director Property and Place, is included in the attached LPP report (Attachment 1).

Figure 4– Artist impression of south landing of the Alfred Street Bridge design elements, which would be supported by funding received as a result of the draft Planning Agreement

CONSULTATION & TIMING

Stakeholder Consultation

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

Councillor Consultation

30. Councillors were briefed on the Planning Proposal, key issues and recommendations on 3 October 2019 prior to the 8 October 2019 Council meeting and raised no concerns.

31. Councillors were briefed on the draft Planning Agreement on 7 July 2021 and raised no concerns. At their meeting 12 July 2021, Council resolved to endorse the legal drafting of the Planning Agreement and for it to be placed on exhibition concurrently with the Planning Proposal.

PLAN MAKING DELEGATIONS

32. Council is delegated as the plan-making authority as granted by the Gateway determination 5 December 2019.

33. DPE has extended the timeframe to complete the LEP amendment associated with this Planning Proposal to 30 June 2022 (Attachment 4).

LEGAL IMPLICATIONS FOR COUNCIL

34. The legal implications associated with this report relate to the Planning Agreement that is proposed to be entered into between Council and the owner and developer of the site, Jimstam Holdings Pty Ltd. Council’s legal team were assisted by an external expert in the drafting and finalisation of the Planning Agreement for the purposes of public exhibition.

FINANCIAL IMPLICATIONS FOR COUNCIL

35. Any work to progress the finalisation of the Planning Proposal would be prepared by Council Officers and accommodated within the existing City Planning and Design budget. Should this matter progress, a Planning Agreement to the value of $225,000 will be entered into between the applicant and Council. The Planning Agreement requires 75% of the development contribution to be paid prior to the issue of any Construction Certificate. The remaining 25% of the Contribution to be paid prior to the issue of an Occupation Certificate or the registration of a Strata Plan, whichever occurs first. The funds raised will be applied to the delivery of future public domain upgrades to facilitate improved pedestrian connections on the southern side of the under-construction Alfred Street Bridge.

36. The table below summarises the financial impacts on the budget arising from approval of this report on the assumption that the funds will be received in 2022/23 and 2023/24.

	FY 21/22	FY 22/23	FY 23/24	FY 24/25
Revenue
Internal Revenue
External Revenue		$168,750	$56,250
Total Revenue		$168,750	$56,250

Funding Source	N/A

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

Funding Source	N/A

CAPEX
CAPEX
External
Internal
Other
Total CAPEX	N/A

CONCLUSION AND NEXT STEPS

37. The Planning Proposal (Attachment 2) and Planning Agreement (Attachment 3) are consistent with those endorsed by Council and have been publicly exhibited as required by the Council resolution and Section 25D of the Environmental Planning and Assessment Regulation 2000.

38. It is recommended that Council approve the Planning Proposal for 22 Noller Parade, Parramatta as exhibited and for Council to exercise its plan-making delegations as granted by the Gateway determination and work with Parliamentary Counsel Office on the legal drafting and mapping of the amendment.

39. It is also recommended that Council endorse the draft Planning Agreement for finalisation which will contribute to the delivery of public domain works associated with, or new connections to, the Alfred Street Bridge.

Dot Hepburn

Project Officer

David Birds

Group Manager, Major Projects and Precincts

John Angilley

Chief Financial and Information Officer

Robert Cologna

A/Executive Director City Planning and Design

Brett Newman

Chief Executive Officer

Attachments:

1 ⇩	Local Planning Panel - Post-exhibition report and minutes - 19 April 2022	108 Pages
2 ⇩	Planning Proposal for 22 Noller Parade, Parramatta	63 Pages
3 ⇩	Draft Planning Agreement	28 Pages
4 ⇩	Additional Gateway alteration received 12 April 2022.	1 Page

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.


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