Agenda of Council - Monday, 14 November 2022

MINUTES OF THE Meeting of City of Parramatta Council HELD IN THE council chamber at 5 PARRAMATTA square, parramatta ON Monday, 31 October 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 6:34pm.

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. GENERAL 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.

Note: A professional photographer was present to take photos of the first meeting at the PHIVE Chamber.

5. APOLOGIES AND APPLICATIONS FOR LEAVE OF ABSENCE OR ATTENDANCE BY AUDIO-VISUAL LINK BY COUNCILLORS

Procedural Motion

4027

RESOLVED (Prociv/Maclean)

That the request to attend the Ordinary Council Meeting dated 31 October 2022 via remote means submitted by Councillor Bradley due to personal reasons be accepted.

6. CONFIRMATION OF MINUTES

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

4028

RESOLVED (Esber/Darley)

That the minutes of the Council meeting held on 10 October 2022 be received and noted, and that such minutes be taken as a true record of the proceedings of that meeting, subject to an amendment to Item 14.1 to note that Councillor Darley returned to the Chamber at 8:02pm.

7. DISCLOSURES OF INTEREST

Councillor Green declared a significant, non- pecuniary interest in Item 11.1 - Notice of Motion of Rescission: Item 13.2 - Outcome of Public Exhibition and impact of Department of Planning decisions on Draft Parramatta City Centre DCP as being an owner of a property in the CBD 16 Macquarie St, Parramatta. He retired from the meeting prior to consideration of the matter.

8. Minutes of the Lord Mayor

8.1

SUBJECT First Council meeting in PHIVE

REFERENCE F2022/00105 - D08746795

REPORT OF Lord Mayor, Councillor Donna Davis

4029

RESOLVED (Davis/Esber)

That Council acknowledges the first Council meeting held in our new Council Chambers at PHIVE attended by The Lord Mayor, Councillor Donna Davis and Councillors 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, with Councillor Phil Bradley attending via visual-link, at the City of Parramatta’s new community, cultural and civic hub.

8.2

SUBJECT 2022 Place Leaders Asia-Pacific Awards

REFERENCE F2022/00105 - D08746821

REPORT OF Lord Mayor, Councillor Donna Davis

4030

RESOLVED (Davis/Bradley)

(a) That Council note that the City of Parramatta’s Place Services Team won two 2022 Place Leaders Asia-Pacific Awards for excellence in place management; and

(b) Further, that Council congratulate the Place Services Team on this commendation and for their commitment to best-practice placemaking across our City.

8.3

SUBJECT 10th annual Pink Sari Breakfast

REFERENCE F2022/00105 - D08746848

REPORT OF Lord Mayor, Councillor Donna Davis

4031

RESOLVED (Davis/Pandey)

(a) That Council note that Rekha Rajvanshi and Sue Advani hosted their 10^th annual Pink Sari Breakfast on 9 October 2022 in aid of the National Breast Cancer Foundation; and

(b) That Council donate $500 to the National Breast Cancer Foundation to support life-saving cancer research; and

(c) Further, that Council writes to and congratulates Rekha and Sue for their service to the community and their work giving back to our City.

8.4

SUBJECT 100 Years of Vinnies Shops

REFERENCE F2022/00105 - D08746865

REPORT OF Lord Mayor, Councillor Donna Davis

4032

RESOLVED (Davis/Garrard)

(a) That Council acknowledge the St Vincent de Paul Society who are celebrating 100 years of Vinnies Shops in NSW; and

(b) Further, that Council present a certificate of recognition to the St Vincent de Paul Society and to the four Vinnies stores located within the Parramatta LGA.

9. Public Forum

Nil

10. Petitions

There were no petitions tabled at this meeting.

Procedural Motion

4033

RESOLVED (Esber/Garrard)

That the order of business be amended to permit, Item 13.8 -Presentation of the Audited 2021-2022 Annual Financial Statements, be considered at the commencement of consideration of Council business.

13.8

SUBJECT Presentation of the Audited 2021-2022 Annual Financial Statements

REFERENCE F2022/00105 - D08710046

REPORT OF Financial Accounting and Treasury Manager

4034

RESOLVED (Maclean/Pandey)

(a) That Council authorises the Lord Mayor, Deputy Lord Mayor, Chief Executive Officer and Responsible Accounting Officer to sign the following:

1. 2021-22 General Purpose Financial Statements – Statement by Councillors and Management;

2. 2021-22 Special Purpose Financial Statements – Statement by Councillors and Management

(b) That Council receive and note the Auditor’s Report on the 2021-22 Annual Financial Statements.

(c) Further, that Council authorises the release of the audited 2021-22 Annual Financial Statements to the Office of Local Government and for public exhibition.

Note: A presentation on the Audited 2020-2021 Annual Financial Statements was provided by Ms Nirupama Mani, Director Financial Audit from the Audit Office NSW.

	MATTER OF URGENCY
4035	RESOLVED (Garrard/Siviero) That a procedural motion be granted to consider a matter of urgency in relation to the South Korea Halloween accident on 29 October 2022. The Lord Mayor ruled the matter urgent in accordance with clause 9.3 of Council’s Code of Meeting Practice.
4036	RESOLVED (Garrard/Siviero) (a) That Council sends our condolences to the family and others affected by the tragic event in Seoul, South Korea on the evening of 29 October 2022. (b) That Council write to the Consulate General of the Republic of Korea in Sydney Mr Sangwoo Hong Consul-General of Korea - Republic of Korea and the Mayor of Jung-gu District and sends our condolences to the family and others affected by the tragic event in Seoul, South Korea on the evening of 29 October 2022. (c) Further, that Council hold a minutes silence to pay respects to families impact by this tragic event.
	Note: Council held a minutes’ silence.

matter of urgency

4037

RESOLVED (Pandey/Noack)

That a procedural motion be granted to consider a matter of urgency in relation to the closure of Map Centre Parramatta.

The Lord Mayor ruled the matter urgent in accordance with clause 9.3 of Council’s Code of Meeting Practice.

4038

RESOLVED (Pandey/Noack)

(a) That Council write to Dianne Eggins owner of Map Centre Parramatta for her service to the City. Map Centre Parramatta is the last Map shop in NSW that closed on Friday 28 October 2022.

(b) Further, that Council staff work with Map Centre Parramatta to procure any historic maps that may be of any interest to the City of Parramatta.

11. Rescission Motions

Note: Having previously declared a conflict of interest in Item 11.1 Notice of Motion of Rescission: Item 13.2 - Outcome of Public Exhibition and impact of Department of Planning decisions on Draft Parramatta City Centre DCP as being an owner of a property in the CBD 16 Macquarie St, Parramatta, Councillor Green left the chamber at 7:15pm prior to consideration of the matter.

11.1	SUBJECT Notice of Motion of Rescission: Item 13.2 - Outcome of Public Exhibition and impact of Department of Planning decisions on Draft Parramatta City Centre DCP REFERENCE F2022/00105 - D08726298 REPORT OF Councillor Michelle Garrard
	MOTION Garrard/Valjak That the resolution of the Council held on 10 October in relation to Item 13.2 Outcome of Public Exhibition and impact of Department of Planning decisions on Draft Parramatta City Centre DCP, namely: (a) That Council notes the submissions (as summarised in Attachment 2) received in response to the exhibition of the Parramatta City Centre Development Control Plan (DCP) controls. (b) That Council approves the DCP controls at Attachments 4 and 5 including the amendments detailed in this report and which are detailed in Attachment 6. (c) Further, that Council delegate authority to the Chief Executive Officer to make any minor amendments and corrections of a non-policy and administrative nature that may arise during the plan finalisation process relating to the DCP controls. be and is hereby rescinded. In accordance with section 375A of the Local Government Act a Division of votes is recorded on this planning matter. The rescission motion moved by Councillor Garrard and seconded by Councillor Valjak on being put was declared CARRIED. DIVISION A division was called, the result being:- AYES: Councillors Esber, Garrard, Humphries, Noack, Pandey, Siviero, Valjak, Wang and Wearne NOES: Councillors Bradley, Darley, Davis, Maclean and Prociv
	MOTION (Garrard/Valjak) (a) That Council notes the submissions (as summarised in Attachment 2) received in response to the exhibition of the Parramatta City Centre Development Control Plan (DCP) controls. (b) That Council approves the DCP controls at Attachments 4 and 5 including the amendments detailed in this report in Attachment 6 subject to the endorsed DCP being amended to remove any reference to an 18 metre tower separation (i.e. building separation above street wall) requirement for commercial buildings seeking unlimited FSR. Instead the tower separation in these cases remain at 12 metres as per the exhibited version of the DCP. (c) Further, that Council delegate authority to the Chief Executive Officer to make any minor amendments and corrections of a non-policy and administrative nature that may arise during the plan finalisation process relating to the DCP controls. In accordance with section 375A of the Local Government Act a Division of votes is recorded on this planning matter. The motion moved by Councillor Garrard and seconded by Councillor Valjak on being put was declared CARRIED. DIVISION A division was called, the result being:- AYES: Councillors Esber, Garrard, Humphries, Noack, Pandey, Siviero, Valjak, Wang and Wearne NOES: Councillors Bradley, Darley, Davis, Maclean and Prociv
4039	RESOLVED (Garrard/Valjak) (a) That Council notes the submissions (as summarised in Attachment 2) received in response to the exhibition of the Parramatta City Centre Development Control Plan (DCP) controls. (b) That Council approves the DCP controls at Attachments 4 and 5 including the amendments detailed in this report in Attachment 6 subject to the endorsed DCP being amended to remove any reference to an 18 metre tower separation (i.e. building separation above street wall) requirement for commercial buildings seeking unlimited FSR. Instead the tower separation in these cases remain at 12 metres as per the exhibited version of the DCP. (c) Further, that Council delegate authority to the Chief Executive Officer to make any minor amendments and corrections of a non-policy and administrative nature that may arise during the plan finalisation process relating to the DCP controls.
	Note: Council Green returned to the Chamber at 8:15pm.

11.2		SUBJECT Notice of Motion of Rescission: Item 14.1 - OLG Model Social Media Policy REFERENCE F2022/00105 - D08726303 REPORT OF Councillor Kellie Darley
4040		RESOLVED (Darley/Prociv) That the resolution of the Council held on 10 October 2022 in relation to Item 14.1 - OLG Model Social Media Policy, namely: (a) That Council adopts the attached draft Office of Local Government Model Social Media Policy (draft Policy) with the following amendments: a) 1.1 – City of Parramatta Council b) 3.8 - 14 days c) 3.14 - adopt d) 3.15 a.28 days and b.14 days e) 7.3 delete (b) That Council provides additional education to Councillors regarding best practice social media principles. (c) That Council delegate to the Chief Executive Officer to amend the following sections: a) 2.16 b) 2.21 annually c) 2.22 d) Part 5 e) 6.1 f) Part 8 g) 9.1 to options 1 or 2 of the draft Policy that are relevant to Council’s ‘official’ social media platforms. (d) Further, that the adopted Policy be forwarded to the Policy Review Committee for review and brought back to Council. be and is hereby rescinded. The rescission motion moved by Councillor Darley and seconded by Councillor Prociv on being put was declared LOST. DIVISION A division was called, the result being:- AYES: Councillors Bradley, Darley, Davis and Prociv NOES: Councillors Esber, Garrard, Green, Humphries, Maclean, Noack, Pandey, Siviero, Valjak, Wang and Wearne
			Procedural Motion
	4041		RESOLVED (Esber/Garrard) That the meeting be adjourned for a short recess.
			Note: The meeting was adjourned at 8:41pm for a short recess.

The meeting resumed at 8:57pm 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.

Procedural Motion

4042

RESOLVED (Esber/Garrard)

That Items 12.1, 13.1,13.2, 13.9 and 13.10 be resolved en bloc.

12. Reports to Council - For Notation

12.1

SUBJECT Investment Report for September 2022

REFERENCE F2022/00105 - D08717055

REPORT OF Tax and Treasury Accountant

4043

RESOLVED (Esber/Garrard)

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

13. Reports to Council - For Council Decision

13.1

SUBJECT Parramatta Park Community Trustee Board Council nomination

REFERENCE F2022/00105 - D08669685

REPORT OF Strategy Manager

4044

RESOLVED (Esber/Garrard)

(a) That Council note the recent establishment of the Greater Sydney Parklands Trust and the forthcoming establishment of a Community Trustee Board for Parramatta Park, and

(b) Further, that Council endorses the incumbent Lord Mayor, as Council’s nominated member and representative for the Parramatta Park Community Trustee Board.

13.2

SUBJECT Classification of Council Policies to Operational Policies and Policies for Rescission

REFERENCE F2022/00105 - D08385478

REPORT OF Policy Officer

4045

RESOLVED (Esber/Garrard)

(a) That Council approves the classification of the following Council Policies as Operational Policies:

i. 309 – Asset Management Policy

ii. 289 – Privacy Management Policy

iii. 338 – Asbestos Management Policy

iv. 352 – Verge Maintenance Policy

v. 248 – Property Numbering Policy

vi. 307 – Parking Enforcement Policy

vii. 388 – After Hours Works for Approved Development Applications Policy

viii. 192 – Public Tree Protection During Works Policy

ix. 228 – Public Interest Disclosures Policy

x. 393 – Legislative Compliance Policy

(b) Further, that Council approves the rescission of the following Council policies:

i. 394 – Webcasting Policy

ii. 334 – Gifts and Benefits Policy

iii. 314 – Outdoor Dining Enforcement Policy

iv. 225 – Access to Information Policy

v. 392 – Affixing the Council Seal Policy

13.3

SUBJECT Draft Investment Policy for Public Exhibition

REFERENCE F2022/00105 - D08649395

REPORT OF Policy Officer

4046

RESOLVED (Esber/Garrard)

(a) That the draft Investment Policy be placed on public exhibition for a period of 28 days.

(b) That Council authorises the Chief Executive Officer to make any necessary editorial and content changes to the draft Investment Policy for public exhibition to give effect to Council’s resolution.

13.4

SUBJECT Minutes of the Traffic Engineering Advisory Group meeting held on 21 September 2022

REFERENCE F2022/00105 - D08386306

REPORT OF Acting Traffic & Transport Manager

4047

RESOLVED (Noack/Humphries)

(a) That Council note the minutes of the Traffic Engineering Advisory Group meeting held on 21 September 2022, as provided at Attachment 1, with the following amendment to page 734 2(a) and (b), amend Bennelong Parkway to Burroway Road.

(b) Further, that Council approve the recommendations of the Traffic Engineering Advisory Group meeting held on 21 September 2022 as provided at Attachment 1 and in this report, noting the following financial implications of each item.

I. ITEM 2209 B1 HILL ROAD, WENTWORTH POINT – UPDATE ON THE PROPOSED IMPROVEMENTS ON HILL ROAD, WENTWORTH POINT

This report provides an update on the proposed traffic improvements and other proposed works on Hill Road and Burroway Road, Wentworth Point and Sydney Olympic Park. The recommendation from TEAG will require staff time to implement using existing resources.

II. ITEM 2209 B2 PROJECTS RECENTLY COMPLETED, PROJECTS CURRENTLY FUNDED AND PROJECTS LISTS FOR CONSIDERATION OF FUTURE FUNDING

There are no financial implications to Council as a result of this report.

Note: Question was taken on notice for this item.

13.5

SUBJECT Minutes of the Parramatta Traffic Committee meeting held on 21 September 2022

REFERENCE F2022/00105 - D08386317

REPORT OF Acting Traffic & Transport Manager

4048

RESOLVED (Noack/Green)

(a) That Council note the minutes of the Parramatta Traffic Committee held on 21 September 2022, provided at Attachment 1.

(b) Further, that Council approve the recommendations of the Parramatta Traffic Committee from the meeting held on 21 September 2022 provided at Attachment 1 and in this report, noting the following financial implications for each item.

I. ITEM 2209 A1 Farnell Avenue at North Rocks Road, Carlingford – Installation of a part-time ‘No Right Turn’ restriction

The estimated cost of the proposed part-time ‘No Right Turn 7am-9am 3pm-6pm Mon-Fri Buses Excepted’ restriction at the intersection of Farnell Avenue and North Rocks Road is $700. This project is 100% funded by Transport for NSW Block Grant Funds for installation and maintenance of traffic signs and line markings in 2022/23.

II. ITEM 2209 A2 Pine Street, Rydalmere – Removal of Chicane at No. 68 Pine Street

This project is 100% funded by the developer of No. 68 Pine Street, Rydalmere at no cost to council.

III. ITEM 2209 A3 Rembrandt Street, Carlingford – Replace the existing non-compliant pedestrian island with a raised pedestrian crossing

The estimated cost for the removal of the non-compliant pedestrian island from Rembrandt Street south of Milton Street, Carlingford is $5,500. This project will be 100% funded by Council from the PTC Traffic Facilities Fund.

The proposal to construct the raised pedestrian crossing was not supported therefore there are no financial impacts related to this aspect.

IV. ITEM 2209 A4 Hill Road and Bennelong Parkway, Wentworth Point - Proposed Traffic Control Signals

Council has applied for $5.7 million in funding from the Federal Government Stimulus Program for 2022/23 financial year. Note that the estimated cost of the project has reduced since the funding application was made. At present, Council has not received a response on whether the funding has been granted. Should funding not be available through this program, Council will fund the delivery of this project through funds available as part of Council’s Delivery Program and Operational Plan which includes $3.85 million allocated specifically for the upgrade of the Hill Road and Bennelong Parkway intersection in the 2022/23 financial year and $1.5million from the 2022/23 Active Transport Program.

V. ITEM 2209 A5 Chelmsford Avenue, Edenlee Street and Midson Road, Epping – Proposed Pedestrian Facilities

The proposed pedestrian facilities are to be constructed by School Infrastructure NSW as part of the new Epping South Public School project at no cost to Council. Therefore, this proposal has no direct financial impact on Council’s budget.

VI. ITEM 2209 A6 BARTLETT STREET AT ASHCROFT STREET, ERMINGTON – INSTALLATION OF SPEED CUSHIONS

The estimated cost of the proposed speed cushion installation on both approaches to the pedestrian refuge island on Bartlett Street at Ashcroft Street, Ermington is $8000. This project is 100% funded by the Traffic Facilities Fund.

VII. ITEM 2209 A7 Wesley Street and Gibbons Street, Oatlands – Installation of speed cushion, accessible parking space and part-time ‘2P’ restriction

The estimated cost of the Gibbons Street Shop Upgrade project is $192,000 (excl. GST). This project is 100% funded by the Place Services Team from the Better Neighbourhood Program.

13.6

SUBJECT Public Art Project - Charles Street Square

REFERENCE F2022/00105 - D08664685

REPORT OF Senior Officer - Cultural Projects & Public Art

4049

RESOLVED (Prociv/Darley)

(a) That Council endorse an updated scope of work by artist Craig Walsh to deliver a Public Artwork in the form of a Projection only artwork on the escarpment at the Parramatta Ferry Wharf, within the previously endorsed budget of $500,000 (ex GST).

(b) That the projection content feature material on European Settlement, including Governor Arthur Phillip, as well as First Nations stories and other history and imagery relevant to the location.

(d) Further, that Council grant delegated authority to the Chief Executive Officer to execute all agreements, contracts, or deeds necessary to complete the Public Artwork project.

13.7

SUBJECT Lights on for evening exercise at local parks

REFERENCE F2022/00105 - D08687854

REPORT OF Group Manager Parks and Open Space

4050

RESOLVED (Darley/Maclean)

That Council continues its practice of only providing sporting field floodlighting to seasonal hirers for community sport.

Item - 13.8 Presentation of the Audited 2021-2022 Annual Financial Statements - has been moved to another part of this document.

13.9

SUBJECT Expression of Interest - Selection of Community Members - Access Advisory Committee

REFERENCE F2022/00105 - D08717554

REPORT OF Community Capacity Building Officer

4051

RESOLVED (Esber/Garrard)

(a) That Council appoint Ross Chaplin to the Access Advisory Committee for the remaining period of this Council term.

(b) Further, that Council extend its appreciation to the unsuccessful applicant, thanking them for their interest in supporting the work of Council through membership of the Committee.

13.10

SUBJECT 2023 Sydney Festival Agreement

REFERENCE F2022/00105 - D08720136

REPORT OF Partnership & Sponsorship Producer

4052

RESOLVED (Esber/Garrard)

(a) That Council enters a one-year partnership with Sydney Festival Limited to deliver the 2023 Sydney Festival in Parramatta in January 2023.

(b) That Council provides a financial commitment from the 2022/2023 operational budget, for the presentation of the 2023 Sydney Festival in Parramatta, to the amount of $400,000 (ex GST).

(c) Further, that Council delegates authority to the Chief Executive Officer to finalise and execute an agreement between Sydney Festival Limited and Council.

13.11

SUBJECT LED & Smarts Street Lighting Upgrade Project - Phases 3b and 4b

REFERENCE F2022/00105 - D08721426

REPORT OF Strategy Manager; Project Team Leader

4053

RESOLVED (Pandey/Esber)

a) That, Council notes the Phase 3b project, funded under Round 2 of the LRCI program, is now 59% complete with the remaining LED & Smarts, street lighting upgrades due for installation by 31 December 2022.

b) That, Council notes that $1.5 million LRCI Round 3 funding has been secured to complete the LED & Smarts, streetlighting upgrades on Council managed state roads within the Endeavour Energy network area (Phase 4b project).

c) That, Council notes the business case for the Phase 4b project that identifies net financial savings of $2.98m over the 20-year asset life, with savings of $185,000 in the first 12 months (scenario 2, average results). Also, saving 18,157 TCO₂-e carbon emissions over the asset life, with 908 TCO₂-e achieved in the first 12 months (Attachment 1).

d) That, Council notes the street light asset owner, Endeavour Energy’s quote of $1,177,853 ex GST to procure and install the Phase 4b project LEDs & Smarts, street lights (Attachment 2).

e) That, Council notes the project manager, Ironbark Sustainability’s quote of $249,474 ex GST to provide the Phase 4b project LED and Smart lighting technical, design, auditing, and project management expertise (Attachment 3).

f) That, Council approves an exemption from tender for Endeavour Energy and Ironbark Sustainability pursuant to section 55(3)(i) of the Local Government Act 1993 due to the unavailability of competitive tenderers. Council is convinced that a satisfactory result will not be achieved by inviting tenderers.

g) That Council delegates authority to the Chief Executive Officer to negotiate and accept Endeavour Energy and Ironbark Sustainability final quotes and any variations in accordance with the project’s objectives.

h) Further, that Council notes upon completion of the Phase 3b (LRCI 2) and Phase 4b (LRCI 3) projects, 100% of Council’s streetlights within the Endeavour Energy network will have been upgraded to energy efficiency LEDs and 100% of major roads will be smart programmed, a NSW first.

14. Notices of Motion

14.1	SUBJECT Mosquito Education Campaign for Summer 22/23 REFERENCE F2022/00105 - D08733490 FROM Councillor Kellie Darley
	MOTION Darley/Prociv (a) That Council thank Associate Professor Cameron Webb for his assistance so far to Council developing a response to the ongoing problem of Mosquitos, including his presentation at a recent Councillor workshop, as well as supporting Council’s participation in Arbovirus Mosquito Monitoring Program since 2018. (b) That Council conduct an initial mosquito education campaign for this upcoming summer, particularly given it’s predicted to be a significant mozzie season, namely: 1. Corflute signage at key mosquito hotspots, communicating key messaging with QR code to further information on our website. 2. Develop new brochure/ factsheet based on existing NSW Health content and include top tips on how to prepare for mosquito season and highlight hotspots. This brochure will be available at key Council facilities (such as PHIVE, Libraries, WPCCL), as well as distributed via letterbox drop to mosquito hotspot suburbs (mostly within Dundas and Rosehill Wards, including Wentworth Point, Newington, Ermington and Rydalmere). 3. New webpage with key educational messaging including a link to digital brochure/ factsheet. 4. Social media awareness posts with call to action to drive visitation to new informational webpage, as well as resharing any NSW Health content. (c) That any component of the initial mosquito education campaign not able to be done within existing resourcing, be funded from Ward Initiatives Funding (Dundas Ward, Councillor Kellie Darley’s allocation as well as contribution if needed from Rosehill Ward). (d) Further, that the results and feedback on the initial mosquito education campaign inform the Operational Plan for 23/24 and development of a Mosquito Action Plan for Council.
	Amendment (Esber/Wearne) (a) That Council than Associate Professor Cameron Webb for his presentation at a recent Councillor workshop. (b) That Council conduct an initial mosquito education campaign for this upcoming summer. 1. Corflute signage on methods of reducing mosquito breeding areas be delivered to businesses in Silverwater at key mosquito hotspots, communicating key messaging with QR code to further information on our website, 2. Social media awareness posts with call to action to drive visitation to new informational webpage, as well as resharing any NSW Health content. (c) Further, that the components of the initial mosquito education campaign be done within existing resourcing to a value of $5000. The Amendment on being put was declared CARRIED. The Amendment became the Motion. The motion on being put was declared CARRIED.
4054	RESOLVED (Esber/Wearne) (a) That Council than Associate Professor Cameron Webb for his presentation at a recent Councillor workshop. (b) That Council conduct an initial mosquito education campaign for this upcoming summer. 1. Corflute signage on methods of reducing mosquito breeding areas be delivered to businesses in Silverwater at key mosquito hotspots, communicating key messaging with QR code to further information on our website, 2. Social media awareness posts with call to action to drive visitation to new informational webpage, as well as resharing any NSW Health content. (c) Further, that the components of the initial mosquito education campaign be done within existing resourcing to a value of $5000.

14.2	SUBJECT ParraMatch 2022 REFERENCE F2022/00105 - D08733491 FROM Councillor Kellie Darley
	MOTION (Darley/Prociv) (a) That Council congratulates the five community organisations selected to participate in ParraMatch 2022, namely: 1. Symphony For Life Foundation – Parramatta Children’s Orchestra. 2. Support the Girls Australia – Support The Girls Morning Tea & Bra Gifting Event. 3. Dundas Area Neighbourhood Centre – The Heart of the Community. 4. DRG Stitches Collection – The Stitches Challenge Parramatta. 5. All Hands – Confidence, Comfort and Coping. (b) That Council acknowledges the impact of the crowdfunding platform unexpectedly stopping mid-way through ParraMatch and that the five ParraMatch projects were not able to complete their fundraising campaign and meet their targets as a result, through no fault of their own. (c) Further, that Council fulfils its original commitment to provide small financial assistance of $1,500 per project, consisting of the initial $1,000 that was to be provided to start their campaigns and $500 that was to be available to those organisations that received pledges from over 25 individual supporters, given ParraMatch had to be cancelled.
	Amendment (Wearne/Wang) That Council defer the matter for consideration for one month for further information from Council staff and brought back to Council for a decision. The Amendment on being put was declared CARRIED. The Amendment became the Motion. The motion on being put was declared CARRIED.
4055	RESOLVED (Wearne/Wang) That Council defer the matter for consideration for one month for further information from Council staff and brought back to Council for a decision.

14.3

SUBJECT Acknowledgement of the Community involved in supporting Sanfilippo Foundation

REFERENCE F2022/00105 - D08733492

FROM Deputy Lord Mayor Sameer Pandey

4056

RESOLVED (Pandey/Green)

(a) That Council acknowledges the efforts of members of the Community involved in supporting Sanfilippo Foundation and raising awareness for childhood dementia.

(b) Further, that Council donates $1,000 to the Charity supporting the Foundation.

14.4

SUBJECT Center for Australia India Relations

REFERENCE F2022/00105 - D08733493

FROM Deputy Lord Mayor Sameer Pandey

4057

RESOLVED (Pandey/Humphries)

That Council advocates for the Center for Australia India Relations to be established in Parramatta and write to the local Federal Member for Parramatta Dr Andrew Charlton expressing his support for the Centre to be in Parramatta.

15. Questions with Notice

15.1

SUBJECT Questions Taken on Notice - 10 October 2022 Council Meeting

REFERENCE F2022/00105 - D08726288

REPORT OF Governance Manager

QUESTIONS TAKEN ON NOTICE FROM THE COUNCIL MEETING OF 10 OCTOBER 2022

1. Paragraph 9.23 of Council’s Code of Meeting Practice states:

“Where a councillor or council employee to whom a question is put is unable to respond to the question at the meeting at which it is put, they may take it on notice and report the response to the next meeting of the Council.”

STAFF RESPONSE

Item 13.2 – Outcome of Public Exhibition and impact of Department of Planning decisions on Draft Parramatta City Centre DCP

During discussion, Councillor Garrard asked the following question:

What is the building separation between NAB (3PS) and WSU (1PS)?

Executive Director City Assets and Operations Response

The building separation on the eastern side of 3PS (NAB) to 1PS (UWS) is 6m. This is consistent from the ground to the top of the building for approximately 23 storeys (77m) which is the height of 3PS. Both 3PS and 1PS are equivalent in height.

It is critical to note that the building heights of 3PS (NAB) and 1PS (UWS) are NOT COMPARABLE to building heights that will be realised under the Unlimited Commercial Floor Space (UCFS) provisions of the City Centre LEP, which will see buildings up to approximately 70 storeys (240m). This equates to heights more than three times that of 3PS (NAB) and 1PS (UWS).

The recommended building separation of 18m referred to in the Council report on the City Centre DCP relates to the distance between TOWERS (the upper level of buildings), NOT BETWEEN PODIUMS (the lower first few floors touching the ground). The form of building for which the 18m separation control is proposed, only applies for buildings seeking the greater commercial floor space, which will be tower and podium building forms rather buildings in the round like the NAB and 1PS buildings.

It should be noted that there are different building separations on all sides of 3PS (NAB) as follows:

i. The building separation between 3PS (NAB) and 119A Macquarie Street (on the western side at Civic Link) is 20m.

ii. The building separation to the north of 3PS (on the Macquarie Street frontage) is currently 20-27m. The 20m separation occurs between ground level and podium heights and a greater separation of 27m occurs above the podium height for elements that are taller (building on corner of Macquarie and Smith Streets).

iii. The building separation on the south of 3PS (NAB) and 1PS (UWS) is a minimum 40m which reflects the set-out width of Parramatta Square.

Item 14.1 – OLG Model Social Media Policy

During discussion on Notice of Motion moved by Councillor Wearne, Councillor Bradley asked the following question:

Can staff advice Councillors a reasonable timeframe for the adopted Social Media Policy to be reviewed by the Policy Review Committee and brought back to Council?

Executive Director, City Engagement and Experience

Part (c) of the Council Resolution on 10 October to adopt the Social Media Policy delegated to the Chief Executive Officer to amend specified clauses. The adopted Social Media Policy as amended by the CEO will be presented at the next Policy Review Committee meeting on 8 November.

The adopted Social Media Policy as amended has been assessed by Council’s Digital & Creative and Governance teams and it is has not been deemed necessary to undertake an early review of the Policy before the standard periodic review date. The Social Media Policy is next due for review by 10 October 2026.

As the adopted Social Media Policy was informed by the Office of Local Government’s Model Policy, conducting a further formal review to consider implementing notable variations would not be advisable. Council officers will continue to develop internal operational procedures to support staff implementation of the direction set by the Social Media Policy for the management of Council’s Social Media platforms.

Item 14.1 – OLG Model Social Media Policy

Question from Councillor Pandey

During discussion on Notice of Motion moved by Councillor Wearne, Councillor Bradley asked the following question:

Can the adopted Social Media Policy be retrospectively applied to posts already on social media?

Executive Director, Finance & Information

The Social Media Policy (Policy) is not retrospective. A breach of the Policy can only occur from the date of adoption.

However, the Policy is drafted in the present tense. It therefore relates to the present use. If a Council official had been using social media prior to the adoption of the Policy, and that use continues once adopted, the policy would apply to the continuing use.

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.

Note: Councillor Wearne retired from the meeting at 9:30pm before consideration of any matters in Closed Session.

16. CLOSED SESSION

4058

RESOLVED (Maclean/Garrard)

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

16.1 Legal Status Report as at 30 September 2022. (D08650520) - This report is confidential in accordance with section 10A (2) (e) of the Local Government Act 1993 as the report contains information that would, if disclosed, prejudice the maintenance of law.

16.2 Tender 14/2022 Secure Physical Offsite Record Storage and Services. (D08544924) - 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 NSW Container Deposit Scheme (CDS) - Refund Sharing with Visy recycling. (D08622472) - 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.

16.4 Outdoor Dining Licence - 6 & 8 Parramatta Square. (D08681729) - 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.

16.1

SUBJECT Legal Status Report as at 30 September 2022

REFERENCE F2022/00105 - D08650520

REPORT OF Group Manager Legal Services

4059

RESOLVED (Esber/Maclean)

That Council note the Legal Status Report as at 30 September 2022.

Note: Questions were taken on notice for this item.

Procedural Motion

4060

RESOLVED (Esber/Garrard)

That Items 16.2, 16.3 and 16.4 be resolved en bloc.

16.2

SUBJECT Tender 14/2022 Secure Physical Offsite Record Storage and Services

REFERENCE ITT-14/2022-02 - D08544924

REPORT OF Customer Service Centre Manager

4061

RESOLVED (Esber/Garrard)

(a) That Council approve the appointment of the preferred proponent for the Secure Physical Offsite Record Storage and Services for the contract sum as outlined in paragraph 12 of this report.

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

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

16.3

SUBJECT NSW Container Deposit Scheme (CDS) - Refund Sharing with Visy recycling

REFERENCE F2022/00105 - D08622472

REPORT OF Acting Group Manager Waste & Cleansing

4062

RESOLVED (Esber/Garrard)

(a) That Council authorises the CEO to execute the Deed of Amendment to extend the existing Refund Sharing Agreement for the NSW Container Deposit Scheme (CDS) with Visy Paper Pty Ltd ACN 005 803 234 (trading as Visy Recycling) for 2 years until 5 November 2024

(b) Further, that Council notifies the NSW Environment Protection Authority of the Deed of Amendment and that the terms and condition of the Agreement remain fair and reasonable as required under Section 18 of the Waste Avoidance and Resource Recovery (Container Deposit Scheme) Regulation 2017 (CDS Regulation)

16.4

SUBJECT Outdoor Dining Licence - 6 & 8 Parramatta Square

REFERENCE F2016/00894 - D08681729

REPORT OF Leasing Officer

4063

RESOLVED (Esber/Garrard)

(a) That Council approves the Licence of Agreement with Parramatta Square Parramatta Square No 6 & No 8 Property Pty Ltd, as outlined at paragraph 6 of this report.

(b) That Council delegates authority to the Chief Executive Officer to enter into a Licence Agreement with Parramatta Square Property No 6 & No 8 Property Pty Ltd

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

Procedural Motion

4064

RESOLVED (Esber/Maclean)

That the meeting 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 16.4.

18. CONCLUSION OF MEETING

The meeting terminated at 10:08 pm.

THIS PAGE AND THE PRECEDING 22 PAGES ARE THE MINUTES OF THE ORDINARY/EXTRAORDINARY COUNCIL MEETING HELD ON Monday, 31 October 2022 AND CONFIRMED ON Monday, 14 November 2022.

Chairperson

Council 14 November 2022 Item 13.1

REPORTS TO COUNCIL - FOR COUNCIL DECISION

ITEM NUMBER 13.1

SUBJECT Post-exhibition - Planning Proposal, draft Development Control Plan and draft Planning Agreement for 195 Church Street, 65-79 Macquarie Street, 38 and 45 Hunter Street, Parramatta (St John's Anglican Church)

REFERENCE RZ/5/2018 - D08505365

APPLICANT/S Jattca Pty Ltd

OWNERS St John's Parramatta Endownment Fund

REPORT OF Team Leader –Land Use Planning

CSP THEME: Innovative

Development applications considered by Sydney central city planning panel Nil

PURPOSE

To advise Council of the exhibition outcome of the Planning Proposal, draft Development Control Plan and draft Planning Agreement (Planning Scheme) for land at 195 Church Street, 65-79 Macquarie Street, 38 and 45 Hunter Street, Parramatta (St John's Anglican Church site), and to seek approval to finalise the Planning Scheme.

RECOMMENDATION

(a) That Council note the submissions received in response to the exhibition of the Planning Proposal, Development Control Plan (DCP) amendment and Planning Agreement as summarised in Attachment 4 for the St John’s Anglican Church Site.

(b) That Council note the Department of Planning and Environment’s (the DPE) preliminary findings for the ‘SEPP 2 work’ as outlined in their letter dated 17 October 2022 at Attachment 5 and advise the DPE that the additional commercial floor space sought by the subject Planning Proposal, for the portion of the subject site proposed to be zoned B3 Commercial Core, has been assessed in regard to the findings and recommendations for the Western Edge Precinct outlined in the DPE’s advice with the conclusion that a tall, slender tower with an appropriate street wall consistent with the site specific DCP (as amended) is consistent with the principles outlined in the DPE’s letter.

(c) That Council approve the finalisation of the Planning Proposal (at Attachment 1) for land at 195 Church Street, 65-79 Macquarie Street, 38 and 45 Hunter Street, Parramatta as follows:

a. For the northern development site:

i. Rezone from B4 - Mixed Use and SP1 – Special Activities (Place of Public Worship) to part B3 - Commercial Core and part SP1 - Special Activities (Place of Public Worship);

ii. A maximum Height of Building Control of 211 RL; and

iii. A maximum FSR of 17.5:1 (or 16:1 exclusive of Design Excellence bonus), made up of a mapped FSR of 10:1 (plus 1.5:1 design excellence bonus) and a site-specific clause permitting a maximum FSR of 6:1 for office uses.

b. For the southern development site:

i. Include on the Land Reservation Acquisition (LRA) map at 41-45 Hunter Street a 6m wide accessway along the boundary to the rail line;

ii. Application of the FSR sliding scale; and

iii. Allow car parking on small portion of SP1-zoned land.

c. The following amendments:

i. For the northern development site:

1. Amendments to include site specific local provisions that address:

a. Conversion of the exhibited provision relating to Unlimited Commercial Floor Space to an equivalent nominated FSR control for office uses of 6:1;

b. Limiting the height to 211 RL inclusive of a design excellence bonus; and

c. A requirement for a site specific DCP to be prepared that provides for identified matters to be satisfied including the outcome for St John’s Parish Hall.

ii. For the southern development site:

1. Removal of the following provisions as they are consistent with the finalised Parramatta Local Environment Plan (LEP) 2011 (Amendment No. 56) and are no longer required:

a. A maximum Height of Building Control of 211 RL; and

b. A maximum FSR of 10:1.

iii. For both development sites:

1. Removal of the following provisions as they are consistent with the finalised Parramatta LEP 2011 (Amendment No. 56) and are no longer required:

a. Parramatta Square solar access,

b. Aerospace investigations, and

c. Car parking.

2. Amendments to address the following two minor Gateway compliance issues discussed in this report:

a. Addressing the Direction on Remediation of Contaminated Land in the Planning Proposal document; and

b. Raising the State infrastructure needs generated by the proposal when consulting State Agencies.

3. Noting the following unresolved matters raised by State Agencies:

a. Transport for NSW: objects to the number of car parking spaces on the site;

b. Department of Planning and Environment – Environment and Heritage Group: raises concern about the inconsistency of the Planning Proposal with Ministerial Direction 4.3 Flood Prone Land

c. State Emergency Service NSW: raises concern about the flood planning and management policy framework for the Planning Proposal and wider-CBD.

(d) That Council forward the amended Planning Proposal at Attachment 1 including the amendments summarised in part (c) above, for which are also detailed in this report, to the DPE for finalisation.

(e) That Council approve the DCP controls at Attachment 2 including the amendments summarised at Table 10 in Attachment 6.

(f) That Council enters into the Planning Agreement at Attachment 3 and delegates authority to the Chief Executive Officer to sign it on behalf of Council.

(g) That in the event the DPE makes changes to the Planning Proposal and in response the applicant seeks to withdraw or renegotiate the Planning Agreement (outside the Chief Executive Officer’s delegation at (h) below), then the DCP is to be amended to remove provisions relating to the Stage 1 DA and “Option A” [removal of Hall] and finalised with “Option B” [partial retention of Hall] only, thereby becoming the only option. The DCP is to be finalised and published as soon as practicable following finalisation of the LEP amendment.

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

EXECUTIVE SUMMARY

1. Council publicly exhibited from 29 March 2022 to 13 May 2022 the St John’s Planning Scheme. The Planning Scheme is made up of a Planning Proposal, site specific Development Control Plan (DCP) and a Planning Agreement. The Planning Agreement is activated should the Parish Hall be approved for demolition at Development Application stage.

2. In response to the exhibition 406 submissions were received, from eight (8) Public Authorities and Service Providers; five (5) Developers, Major Landowners, and Planning Consultants; three (3) Peak Body Organisations; and 390 submissions from Residents, Individuals and Community Groups with the breakdown of these submissions being 40% in support, 59% not in support and 1% neutral.

3. The purpose of this report is to detail the outcomes of the public exhibition of the St John’s Planning Scheme and to respond to the Department of Planning and Environment’s (the DPE) preliminary findings and recommendations from their investigation of additional floor space for commercial uses; with the recommendation to Council from Council officers being to support the Planning Scheme subject to amendments and forward the Planning Proposal to the DPE for finalisation.

4. The St John’s Planning Proposal seeks to re-zone some parts of the site and amend the height and floor space controls to enable significant development uplift on specific areas of the site for a commercial tower (on the northern site) and a separate mixed-use development (on the southern site), along with works to the adjacent open space and the provision of a basement car park. The supporting draft DCP contains controls for two scenarios for the commercial building on the northern site depending on whether a Development Application grants consent to demolish the Parish Hall.

5. During the exhibition of the Planning Scheme, the DPE finalised the Parramatta CBD Planning Proposal (CBD PP) on 6 May 2022 as Amendment No. 56 to Parramatta LEP 2011. A key change to the Council endorsed CBD PP controls included the removal of the Unlimited Commercial Floor Space (UCFS) provision for certain B3 Commercial Core and B4 Mixed use land. This is relevant to St John’s Planning Scheme as the Planning Proposal sought to apply similar unlimited commercial floor space provisions on this site.

6. The UCFS provision was subsequently reinstated for some B3 zoned by the DPE via a State Environmental Planning Policy (SEPP) with the change effective from 14 October 2022, being the same date Amendment No. 56 became effective. Council requested the reintroduction of additional commercial floor space for other B4 and B3 land be investigated with the DPE agreeing to undertake a study and any amendments to the controls being finalised via another SEPP by December 2022.

7. To enable Council to assess the suitability of the UCFS provision proposed in the subject Planning Proposal and meet the Gateway condition for finalisation by 30 November 2022, the DPE prioritised the investigation of additional commercial floor space for part of the study area adjacent to the St John’s Planning Scheme, outlining key principles and preliminary findings in a letter to Council dated 17 October 2022 and included in Attachment 5.

8. Council officers have considered the DPE’s recommendation not to support additional floor space for commercial uses in the area north of the St John’s site, and have also considered the issues raised in the submissions to the exhibition and other post exhibition planning matters, and are recommending support for the Planning Scheme that includes some additional commercial floor space (but not unlimited floor space) for the following key reasons:

i. The proposal for the site is consistent with the Council endorsed strategic position for the Parramatta CBD.

ii. The employment-generating uses within the future office building are a core policy aim for Council and this site is well-positioned adjacent to the commercial core and major public transport and cultural facilities.

iii. The site specific DCP controls are recommended to be amended in response to the DPE’s analysis to require a well-proportioned, tall and slender commercial tower, with no development above the podium able to encroach the Parramatta Square Solar Access Plane (PSQ SAP) angle to reduce the mass and presence on Centenary Square and the civic spaces and open up views across the podium to the surrounding streets and sky. A tall, slender tower on the northern site and an appropriate street wall consistent with the site-specific DCP is considered by Council officers to be consistent with the principles outlined in the DPE’s letter dated 17 October 2022 for assessing additional floor space. This recommendation also responds, in part, to the submissions objecting to the proposal as a slender tower is considered to lessen the impact on St John’s Cathedral and Centenary Square.

iv. The site specific DCP controls provide for:

i. The height and design of the street wall/ podium at the base of both the commercial building (northern development site) and mixed use building (southern development site) to respond to the varying interface conditions (street, squares, heritage, and open space).

ii. The massing of the mixed use building to respond to the constrained site conditions and adjacent heritage while opening up rear vehicle access for a future laneway to Marsden Street.

iii. Approval by Council of a design brief and public domain design that provides publicly accessible open spaces complementary to the existing Parramatta Square and Centenary Square.

v. The Planning Agreement, if activated, provides for the following key benefits: licence in perpetuity for public access to the open space surrounding the Cathedral, dedication of land to enable a laneway to Marsden Street, embellishment of land to create a civic space to be maintained by the Church in perpetuity and monetary contribution to the value of $5 million.

vi. Additional height in the area outside the Highly Sensitive Park Edge Area (west of Marsden Street) is not inconsistent with the tripartite agreement for the Old Government House and Domain UNESCO heritage protection area, and no objections to height were received from the Commonwealth Department of Infrastructure, Transport, Regional Development and Communication (DIRD) and Heritage NSW.

9. In summary, Council officers support the finalisation of the planning controls as described in the recommendation.

PLANNING PROPOSAL TIMELINE

BACKGROUND

10. At the Council Meeting on 21 March 2022 Council resolved (in summary) to exhibit a Planning Scheme consisting of a Planning Proposal, site-specific Development Control Plan (DCP) amendment (amending Parramatta DCP 2011) and Planning Agreement for the subject site.

11. The subject site contains 195 Church Street, 65-79 Macquarie Street, 38 and 45 Hunter Street, Parramatta. These properties comprise twelve (12) allotments currently owned by the Anglican Church Property Trust, Diocese of Sydney, as Trustee for the Parish of Parramatta and the St John’s Parramatta Endowment Fund (see Figure 1).

Figure 1: The Subject Site (blue outline) and Proposed Land Use Zoning

DESCRIPTION OF PLANNING SCHEME

12. The Planning Scheme consists of a Planning Proposal, draft DCP and draft Planning Agreement. The Draft DCP provides for two options for the northern site depending on whether a Development Application consent is issued for the demolition of the Parish Hall:

i. Option A: the Hall is demolished, and the Planning Agreement is triggered (Applicant-preferred).

ii. Option B: the Hall is partially retained (i.e. the original fabric is retained, with certain built elements dating from after the second World War removed), and the Planning Agreement is not triggered.

13. Council’s original Planning Proposal supported de-listing of the Hall, however, the DPE’s Gateway Determination required that this aspect of the Planning Proposal be removed from the Planning Proposal and suggested any proposal to remove the item should be assessed as part of a future DA. This is the reason for the structure of the Planning Scheme as discussed above. A detailed summary of the exhibited Planning Scheme is described in Attachment 6.

COMPARISON WITH RELEVANT CONTROLS

14. It is critical to note that the relevant LEP controls for this site have shifted. This is because DPE finalised the Parramatta CBD Planning Proposal (CBD PP) on 6 May 2022 during the public exhibition of this Planning Scheme. The CBD PP amendment was Amendment No. 56 to Parramatta LEP 2011 (PLEP 2011) and became active on 14 October 2022.

15. The finalised version of the CBD PP saw the DPE remove provisions Council was seeking to put in place which permitted unlimited commercial floor space on certain sites zoned B3 Commercial Core. The exhibited St John’s Planning Scheme also sought to apply similar unlimited commercial floor space controls to this site. DPE reconsidered their position and has (via a State Environmental Planning Policy referred to in this report as the ‘First CBD SEPP’,) reinstated unlimited commercial floor space provisions for B3 Commercial Core zoned sites located northeast of the subject site (Refer to Figure 2 below). The first CBD SEPP amendments also became active on 14 October 20022.

16. The DPE has also made a commitment to consider allowing additional commercial floor area in certain B3 Commercial Core and B4 Mixed Use sites also referred to in Figure 2 and, if appropriate, to enable this additional commercial floor space via a second SEPP process (referred to in this report as the ‘Second CBD SEPP’). The timetable provided by the DPE is that this second CBD SEPP process should be completed by December 2022.

17. While both these SEPP Amendments do not apply to the land subject to the St John’s Planning Scheme as shown in Figure 2, they are relevant for context and assessment of the additional commercial floor space sought via this SSPP. The DPE provided Council with advice in a letter dated 17 October 2022 (as at Attachment 5) regarding the progress of a second CBD SEPP analysis to assist Council with the assessment of the SSPP for St John’s site. The letter stated work is still ongoing however the DPE prioritised an area identified as the “Western Edge Precinct” of the CBD and provided preliminary findings and recommendations. The land subject to the SEPPs is shown in Figure 2, and the implications of this work discussed in further detail below.

Figure 2: The Subject Site (blue outline) and the land subject to the first and second CBD SEPPs

Southern Development Site (45 Hunter St)

18. The FSR and Height controls in the Planning Scheme for the southern development site (i.e. 45 Hunter St) are consistent with Amendment No. 56. As these planning controls have already been brought into effect through the CBD PP, they are no longer a technical requirement of this site-specific Planning Proposal. The recommendation of this report reflects this.

19. However, the Land Reservation Acquisition (LRA) notation at 41-45 Hunter St to create a 6m wide accessway along the boundary to the rail line was not included in Amendment No. 56, and is still relevant for finalisation as part of this site-specific Planning Proposal. The recommendation of this report reflects this.

Northern Development and Cathedral Site

20. CBD PP originally envisioned no development uplift for the northern tower site; this was due to high level heritage considerations. However, through site-specific and detailed consideration, Council formed the view that the additional development envisioned in this Planning Scheme was supportable.

21. Council commissioned an independent heritage report which raised no issue with increase in FSR and height from a heritage perspective provided that the church yard has its historic integrity (meaning retention of the Hall and the amount of space in front of the Cathedral’s western towers), recognising that towers and small heritage buildings nearby are regular for Parramatta CBD.

22. Whilst the independent heritage report was not supportive of de-listing the Hall and the expansion of civic space in front of the Cathedral’s western towers, Council ultimately concluded that the public benefits associated with the new expanded civic space over Hunter Street and A-grade office building were considered on balance to provide adequate justification to de-list the Church Hall and that the additional FSR and height were acceptable. (Noting that DPE’s Gateway determination subsequently rejected de-listing of the Hall, as discussed elsewhere in this report). is appropriate for the northern tower site.

23. The Planning Scheme represents significant development uplift on the northern development site (10:1 FSR with possible commercial floor space bonuses) compared with Amendment No. 56 (3:1 FSR). A comparison of the key planning controls for the northern tower site is provided in Attachment 6.

Reference Design

24. The exhibition included supporting documentation including a reference design, provided by the applicant in support of their application. Elements of the reference design are inconsistent with the draft DCP controls that were exhibited. The key documents that were exhibited and which represent the policy framework for the subject site are the Planning Proposal, draft DCP and Planning Agreement. Where there are inconsistencies between the reference design and these policy documents, the policy documents prevail. Some of these inconsistencies were noted in some submissions.

SUMMARY OF EXHIBITION AND SUBMISSIONS RECEIVED

25. Council exhibited the Planning Proposal and DCP from 29 March 2022 – 13 May 2022 and the Planning Agreement from 12 April 2022 – 13 May 2022. The quantity and complexity of submissions received was unprecedented for a site-specific Planning Proposal in the Parramatta CBD with 406 submissions received.

TABLE 1: Submissions Received

State Agencies & Service providers	8
Peak Body Organisations	3
Adjacent Landowners	5
Residents, Individuals and Community Groups	390
- Support	- 156
- Did not support	- 230
- Other views	- 4
TOTAL	406

State Agency Submissions

26. The submissions from the eight (8) Agencies generally did not object and are summarised in Attachment 4 – Appendix D. To address minor issues, some amendments to the DCP are recommended (see Attachment 6). However, some Agencies raised issues with the Planning Proposal that Council officers do not support and therefore the recommendation of this report is for DPE to consider these matters in the plan-making stage of the Planning Proposal:

i. Transport for NSW: objects to the number of car parking spaces on the site. Council officer comment: This view is not supported. The Planning Proposal applies rates consistent with the Parramatta CBD Planning Proposal recently finalised by the Department on 14 October 2022 via PLEP Amendment 56.

ii. Department of Planning and Environment – Environment and Heritage Group: raises concern about the inconsistency of the Planning Proposal with Ministerial Direction 4.3 Flood Prone Land. Council officer comment: This view is not supported. DPE did not raise this issue when issuing a Gateway determination and Council’s Flood Engineers have also not raised this as an issue. Council officers have included in the recommendation of this report that DPE consider this issue in their plan-making.

iii. State Emergency Service NSW: raises concern about the flood planning and management policy framework for the Planning Proposal and wider-CBD. Council officer comment: DPE in finalising the CBD PP (Amendment 56) supported and implemented Council’s policy framework despite the SES concerns.

Other Submissions

27. Adjacent landowners - detailed summaries of these submissions and assessment of the issues raised are included in Attachment 4 – Appendix C. Adjoining landowner submissions can be grouped into three categories:

i. Owners of site west of the subject site who primarily raised concerns about the impact of the tower development on their site and south assurances that Council DCP controls would be varied to enable greater development potential on their sites. The relationship between the adjoining site and the St John’s development are no different to those for other site across the CBD and the control in the site specific DCP and CBD wide DCP set a clear framework for how development can proceed and the issues that will need to be considered at Development Application stage. Council officers have concluded there is no justification for varying DCP controls for adjoining site in this case.

ii. The owners of the Queensland Arcade development have indicated they are not supportive of proposals to provide their site an alternate vehicular access route as provided for in the Planning Agreement and link any changes to their site being granted increased development potential under Council Planning Controls. This issue is discussed in more detail in the following section of this report.

iii. A submission from landowners in Parramatta Square raised concerns about demolition of the Hall, the impact of the development on the heritage significant of the Hall and on Centenary Square. The submission makes the argument that the improvements to the public domain can be achieved without removal of the Church Hall therefore there is no need of the Planning agreement. The impacts of the development on the cathedral and Centenary Square have been addressed in part by the changes to the Planning Proposal and draft DCP controls to promote a more slender tower form. Council Officers do not accept the assertion the public domain improvements can be achieved without a Planning Agreement.

28. Residents and Individuals –The key themes raised in submissions supporting the Planning Scheme are detailed in Table 2 and the support for this Planning Scheme is noted. More detailed summaries of these submissions are included in Attachment 4 – Appendix A1.

Table 2: Key Themes from Community Submissions Supporting the Planning Scheme

No.	Theme	Submissions raising issues under this theme
		No.	% (rounded)
1	Will enhance the Church’s use	79	23%
2	Public, community, cultural and economic benefits of proposal	67	20%
3	Positive urban/planning design outcomes	61	18%
4	Positive public domain	45	13%
5	Support for option A for Church Hall	44	13%
6	Positive heritage outcomes	22	6%
7	Positive impacts for pedestrian safety/parking/traffic/infrastructure	17	5%
8	Role and recognition of Church in preparing proposal	7	2%
9	Queries impact on Centenary Square from Parramatta Light Rail	1	0.3%
10	Support for Option A and B for Church Hall	1	0.3%
	Total	156

29. Residents and Individuals –The key themes raised in submissions objecting to the planning scheme are detailed in Table 3 and more detailed summaries of these submissions and responses are included in Attachment 4 – Appendix A1.

Table 3: Key Themes from Community Submissions Objecting to Planning Scheme

No.	Theme	Submissions raising issues under this theme
		No.	& (rounded)
1	Impacts on St John’s Cathedral and grounds	147	28%
2	Concern that the Cathedral will be demolished	2	0.4%
3	Relationship to Parramatta’s history and heritage	140	26%
4	Concerns relating to St John’s Parish Hall	40	7%
5	Concerns relating to contributions & private benefit	7	1%
6	Impacts on public open space	75	14%
7	Impacts on Hunter Street	10	2%
8	Traffic and transport impacts	4	1%
9	Social/infrastructure impacts and community interest	16	3%
10	Need for the proposal	12	2%
11	Relationship to planning instruments and processes	57	10%
12	Environment and sustainability	6	1%
13	Concerns relating to overdevelopment	16	3%
14	Concerns relating to building design/ general impacts	11	2%
15	No reason for objection provided	7	1%
	Total	230

30. The general theme of many of the submissions is that the Parramatta CBD is being overdeveloped with a negative impact on the heritage of the City and the ability of local infrastructure (i.e. roads and public facilities) to cope. These issues are not solely relevant to his site and have been addressed as part of the CBD PP process. The development being enabled on this site by the Planning Scheme discussed in the report is not out of character with the development endorsed by Council and the Minister for Planning as part of the Parramatta CBD Planning Proposal process which also includes a contributions plan to address the need and funding of supporting infrastructure.

31. In response to loss of the Church Hall and the impact of a tall tower on the significance of the Cathedral and Centenary Square the controls have been amended to ensure a more slender tower to reduce these impacts. However, the impacts in the view of Council officers do not warrant retention of the existing controls. The development will also have employment and public domain improvements and there is a need to balance heritage impacts with other benefits when assessing the appropriateness of this development.

32. Peak body organisations: the National Trust (separate submissions from Parramatta Branch and NSW Branch) and the Australian Institute of Landscape Architects (AILA) objected to the Planning Scheme on a variety of heritage-related issues including site specific and cumulative, as well as landscape architecture. Council officers through site specific assessment have come to a different view, with detailed responses to the issues raised, included recommended DCP amendments, provided at Attachment 4 Appendix B.

Heritage Advisory Committee

33. The previous Heritage Advisory Committee was briefed on 15 August 2019 at the Gateway request stage for the St John’s Planning Scheme. The Committee objected to the proposal, and this was reported to the Local Planning Panel meeting on 3 December 2019 [Agenda Link: Agenda of Local Planning Panel - 3 December 2019 (nsw.gov.au)] and Council meeting of 16 December 2019 [Agenda Link: Agenda of Council - 16 December 2019 (nsw.gov.au), refer Item 18.4]. Council officers provided a number of updates to the Committee on the progression of the planning proposal as part of briefings on planning matters, with the most recent briefing being on 19 August 2021.

34. There was no Committee in place during exhibition of this matter, as the previous Committee dissolved after its last meeting in November 2021 and in the post exhibition assessment phase of the St John’s Planning Scheme, the first meeting of the new Committee in September 2022 dealt with induction matters. Given the comments of the first Heritage Committee and that the proposal in the post exhibition phase is largely the same as when the previous Committee considered the Proposal, it was considered unnecessary to seek another comment.

POST-EXHIBITION ISSUE #1: CONSULTATION WITH QUEENSLAND ARCADE

35. Council’s Property and Place directorate met with Queensland Arcade representatives in May 2022 to discuss the exhibited Planning Agreement included Temporary Access Terms and Temporary Access Proposed Routes. Based on the meeting and submission, Council officers understand that Queensland Arcade does not wish to discuss license terms as part of the St John’s Planning Agreement, nor alter access arrangements to their site at this time, but does want to discuss long-term redevelopment options for their site and as part of this, will consider changes to vehicle access. The reason access arrangements are being discussed is because current vehicle access arrangements for the Queensland Arcade sees vehicles cross the pedestrianised portion of Parramatta Square which is a pedestrian safety issue.

36. Council officers do not recommend that Council enter into any discussions regarding extra density for this site; the reasoning for this is discussed in detail in Council officers’ response to Queensland Arcade’s submission (refer Attachment 4 – Appendix C). Council officers will pursue a separate report to deal with the vehicle/pedestrian conflict safety issues associated with Queensland Arcade’s current site access, noting that in the longer-term, access via the new proposed access route across the rear of 41-45 Hunter Street offers a sustainable long-term solution to the vehicle/pedestrian conflict safety issues at Church and Darcy Streets.

POST-EXHIBITION ISSUE #2: FINALISATION OF PARRAMATTA CBD PLANNING PROPOSAL

37. As discussed above, DPE finalised the CBD PP during exhibition of the St John’s Planning Scheme, and most relevant to the St John’s Planning Scheme was DPE’s decision to reject Unlimited Commercial Floor Space (UCFS) provisions for the B3 and B4 zones. DPE’s reasoning is summarised at Attachment 5. A reconsideration of the decision was sought by Council and the DPE has committed to reviewing their initial approach. See below.

POST-EXHIBITION ISSUE #3: RECONSIDERATION OF ADDITIONAL COMMERCIAL FLOOR SPACE PROVISIONS

38. Following a report to Council on 25 July 2022 (Item 13.4) available here: https://businesspapers.parracity.nsw.gov.au/Open/2022/07/OC_25072022_AGN_730_AT_WEB.htm, Council officers wrote to the Minister for Planning, with a reply provided on 17 October 2022 (see Attachment 5) advising the DPE has:

i. Reinstated the UCFS provision for certain B3 Commercial Core land in PLEP 2011 via a SEPP amendment that was published on 14 October 2022 (“Area B”).

ii. Agreed to progress investigations to introduce additional floor space for commercial uses for certain B4 Mixed Use and B3 land (not mapped as “Area B”) via a second SEPP.

iii. Provided Council with preliminary study findings and recommendations for the priortised area adjacent to the St John’s site (identified as the ‘Western Edge Precinct’ in Figure 2 above).

39. Council officers have considered DPE’s analysis and have come to the conclusion that the additional commercial floor space sought for the northern development site is not inconsistent with the DPE’s SEPP 2 study findings (as detailed in Attachment 5) and are recommending an amendment to the site specific DCP controls as discussed below.

POST-EXHIBITION ISSUE #4: AMENDMENT OF THE SITE SPECIFIC DCP

40. After considering the DPE’s preliminary findings and principles for the SEPP2 work and desire to balance place values with strategic outcomes, Council officers consider that an FSR in excess of the 10:1 can only be supported if the design of the tower is controlled to minimise the impacts on Centenary Square/ Parramatta Square and Church Street. As such the DCP is recommended to be amended to require a well-proportioned, tall and slender commercial tower, with no development above the podium able to encroach the Parramatta Square Solar Access Plane (PSQ SAP) angle to reduce the mass and presence on Centenary Square and the civic spaces and open up views across the podium to the surrounding streets and sky.

41. A tall, slender tower on the northern site and an appropriate street wall consistent with the site-specific DCP is considered by Council officers to be consistent with the principles outlined in the DPE’s letter dated 17 October 2022 for assessing additional floor space. This recommendation also responds, in part, to the submissions objecting to the proposal as a slender tower is considered to lessen the impact on St John’s Cathedral and Centenary Square.

42. The benefits of this DCP amendment are showed in the comparative figures in in Attachment 6. Other amendments to the DCP are also detailed in Attachment 6 in response to issues raised in various stakeholder submissions. The amendments are

i. responding to issues raised by relevant state agencies and peak interest groups that will assist with the assessment of any future development application or address policy issues raised by these groups

ii. resolving inconsistences identified in the DCP be Council Officers and in some submission or providing additional clarification of the intention of the controls to make the assessment of any future Development Application as efficient as possible.

ASSESSMENT AND RECOMMENDATION

43. Council officers acknowledge the significant response to this Planning Scheme, which overall was larger than the response to any other site-specific Planning Proposal in the CBD in recent years. A wide range of expert and community stakeholders engaged with the exhibition, and a wide variety of views were expressed in response.

44. Whilst acknowledging the objections and concerns raised, Council officers do not consider that the issues raised in the exhibition response should not prevent the Planning Scheme from proceeding towards finalisation subject to amendments described elsewhere in this report. Some DCP amendments are recommended following the post-exhibition consideration as detailed in Attachment 5 of this report.

45. The policy decisions made by DPE through introducing Amendment No. 56 during exhibition of the Planning Scheme and the preliminary findings for the Western Edge precinct for the SEPP2 work investigating the appropriateness of sites to accommodate additional FSR do have major implications for the Council officer-recommended next steps, specifically:

i. Elements of the Planning Scheme which are consistent with Amendment No. 56: Council officers consider that those aspects of the Planning Proposal which are consistent with Amendment No. 56 can be removed from this Planning Proposal, as they have already been brought into effect by Amendment No 56 which became active on 14 October 2022. The report recommendation reflects this position. These provisions are:

§ For the southern development site, removal of the 211 RL Height of Building Control provision; and removal of the FSR 10:1 provision.

§ For the northern development site, removal of the provision for the FSR sliding-scale (however, not for the southern development site).

§ For both development sites, removal of the provisions for Parramatta Square solar access, Aerospace investigations, and Car parking.

ii. Key element of the Planning Scheme which is not consistent with Amendment No 56 (UCFS provisions):

DPE’s removal of the UCFS provisions in Amendment No. 56 was a critical issue for Council in when the Planning Proposal was finalised, as this decision essentially made the St John’s Planning Scheme retrospectively inconsistent with the relevant strategic planning framework on this key matter. Council does not have plan-making authority in this instance, so while Council must form its position on this Planning Proposal, DPE will need to make the final plan-making decision against the backdrop of the strategic framework instituted through DPE’s introduction of Amendment No. 56 and the preliminary study results for the second SEPP. DPE’s decision on this Planning Proposal then will have flow-on effects for the DCP and Planning Agreement. The following sections of this report outline the Council officer-recommended next steps in light of this issue.

46. In the event the DPE makes changes to the Planning Proposal and in response the applicant seeks to withdraw or renegotiate the Planning Agreement, the DCP should be amended to remove provisions relating to the Stage 1 DA and “Option A” [removal of Hall] and finalised with “Option B” [partial retention of Hall] only. This is because Council and the Applicant could not reach agreement on what public benefits would be delivered in the case of the Hall being approved for removal, and therefore only a development scenario in which the Hall was retained should be pursued. The Stage 1 DA would no longer be relevant in this instance, as the requirement of the LEP to provide a site-specific DCP (or alternatively a Stage 1 DA) could simply be satisfied by the DCP relating to “Option B” only, as it would be the only option.

47. Council officers recommend that Council not support a renegotiation of the Planning Agreement under this scenario, due to the following:

i. Usually, a Planning Agreement is negotiated to mitigate the impacts of increased development potential for a site.

ii. However, in this instance, the development potential being sought at this site is consistent with a broader strategic framework (i.e. other B3 sites in the CBD PP), which also includes appropriate infrastructure funding mechanisms (i.e. the new CBD contributions plan) related to the increased development potential.

iii. At this site, the reason for the Planning Agreement is the proposed removal of the Hall, as the Planning Agreement is only applicable if ‘Option A’ is assessed as acceptable. In other words, Council has formed the position that the Planning Agreement benefits offered would be satisfactory to mitigate the impacts of removing the Hall – not to mitigate the impacts of increased development potential at the site. (Noting that Option B also contemplates significant uplift compared with current controls without any triggering of the Planning Agreement).

GATEWAY ISSUES

48. Two minor compliance issues with Gateway conditions have been identified post-exhibition, as detailed in Attachment 6. Council officers note that these are minor technical errors (ie. not addressing in the PP document the Ministerial direction in relation to Remediation of Contaminated Land in the Planning Proposal document and not Raising the State infrastructure needs generated by the proposal when consulting State Agencies) and therefore are unlikely to change the planning outcomes. The recommendation of this report recommends that Council advise the DPE to consider this matter in the plan-making stage.

ARRAMATTA LOCAL PLANNING PANEL

49. In order to allow sufficient time for DPE to provide advice on the findings of the work they are undertaking on the second CBD SEPP and still have the matter considered by the Local Planning Panel (LPP) a special meeting was organised for 9 November 2022. This meeting will be after the finalisation of the Council Business Paper and therefore the recommendation of the LPP will be provided to Council after the 9 November 2022 LPP meeting via a supplementary report.

PLAN MAKING DELEGATIONS

50. In its Gateway determination, DPE did not grant Council delegation to finalise this amendment. Therefore, DPE will be the plan-making authority for the Planning Proposal. In other words, DPE will have the ‘final say’ on the planning controls for this site.

CONSULTATION & TIMING

Stakeholder Consultation

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

Date

Stakeholder category

Stakeholder Comment

Council Officer Response

Responsibility

End 2019 to present

Multiple

Various comments in relation to finalising the Planning Scheme as described in this report.

Extensive consultation has been undertaken to date with internal sections of Council, the applicant and relevant State agencies, including the DPE and TfNSW in order to progress the planning proposal, draft DCP and planning agreement to this point.

This includes numerous meetings and detailed correspondence between all parties, and as described above in this report.

City Planning & Design / Property & Place

15 August 2019, various updates at other times, with most recent updated on 9 August 2021

Council’s Heritage Advisory Committee

As described above in this report.

City Planning and Design

Councillor Consultation

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

LEGAL AND FINANCIAL IMPLICATIONS FOR COUNCIL

52. The decision being made by Council as recommended has no immediate direct impact on the budget. It is also noted that the Planning Agreement will only be triggered if a Development Application is approved that allows the demolition of the Parish Hall. The Planning Agreement is in a form that can be executed.

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

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

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

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

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

53. The legal and financial implications for Council from the Planning Proposal centre on the Planning Agreement at Attachment 3, with the following public benefits agreed to be provided by the developer if approval for demolition of the Hall is obtained. The benefits are:

i. Licence in perpetuity for public access to the open space surrounding the Cathedral subject to the St Johns Church maintaining the right to limit some uses on this land.

ii. Stratum dedication of land to enable laneway between 181 Church Street site and Marsden Street.

iii. Agreement to allow temporary vehicle access for 181 Church Street site to access Hunter Street for 10 years or until the new laneway described in part ii above is available (subject to the agreement of 181 Church Street).

iv. Embellishment of the following land to create a civic space: Church land between the Cathedral building and Hunter Street; and a portion of road in front of 45 Hunter Street to be closed and included in the civic space but remain in Council ownership

v. Church to bear the maintenance and liability for the civic space site (including the Council owned portion) in perpetuity.

vi. Compensation of $1.1 million for the reduction in public benefit lost due to the driveway arrangements restricting the size of the civic space and eliminating the previously proposed laneway.

vii. Compensation of $3.5 million to recognise Council’s risk from not having the public access recognised on the land title and accepting limitations outlined in the Church’s Social Covenant and related to the Church’s operational use of the land.

54. In relation to developer contributions, since the public exhibition of the St John’s Planning Scheme an increase from 3% to 4% for commercial development applications in the CBD under Section 7.12 (formerly known as Section 94A contributions) was approved by the Minister and came into force on 14 October 2022.

Janelle Scully

Land Use Planning Team Leader

Robert Cologna

Group Manager, Strategic Land Use Planning

Jennifer Concato

Executive Director City Planning and Design

John Angilley

Chief Financial and Information Officer

Bryan Hynes

Acting Chief Executive Officer

Attachments:

1 ⇩	COUNCIL REPORT 14 Nov 2022 - Attachment 1 - PLANNING ~ St John s Planning Scheme RZ 5 2018 v2	88 Pages
2 ⇩	COUNCIL REPORT 14 Nov 2022 - Attachment 2 - Site Specific DCP CONTROLS - post exhibition amendments (261022, Final) St John's Planning Scheme RZ/5/2018	33 Pages
3 ⇩	COUNCIL REPORT 14 Nov 2022 – Attachment 3 – Planning Agreement – St John’s Planning Scheme RZ/5/2018	74 Pages
4 ⇩	COUNCIL REPORT 14 Nov 2022 - Attachment 4 - Community Engagement Plan (271022, Final) - St John's Planning Scheme RZ/5/2018	145 Pages
5 ⇩	COUNCIL REPORT 14 Nov 2022 - Attachment 5 - Letter from DPE 17 October 2022 - Parramatta CBD Planning Proposal (Amendment 56) & SEPP 2 Preliminary study results	2 Pages
6 ⇩	COUNCIL REPORT 14 Nov 2022 - Attachment 6 - Supplementary Material - St John's Planning Scheme	6 Pages

REFERENCE MATERIAL

Council 14 November 2022 Item 13.2

REPORTS TO COUNCIL - FOR COUNCIL DECISION

ITEM NUMBER 13.2

SUBJECT Dates and Locations of Council Meetings for February to December 2023

REFERENCE F2022/00105 - D08696076

REPORT OF Council Secretariat & Registers Officer

CSP ThemE FAIR

workshop/briefing date: Nil

PURPOSE:

To determine Council Meeting dates and locations for February to December 2023.

RECOMMENDATION

That Council adopt the schedule of Ordinary Council Meeting dates for 2023 as follows:

Date	Location
13 February 2023	PHIVE, 2 Civic Place, Parramatta NSW 2150
27 February 2023	PHIVE, 2 Civic Place, Parramatta NSW 2150
13 March 2023	PHIVE, 2 Civic Place, Parramatta NSW 2150
27 March 2023	PHIVE, 2 Civic Place, Parramatta NSW 2150
11 April 2023	PHIVE, 2 Civic Place, Parramatta NSW 2150
24 April 2023	PHIVE, 2 Civic Place, Parramatta NSW 2150
8 May 2023	PHIVE, 2 Civic Place, Parramatta NSW 2150
22 May 2023	PHIVE, 2 Civic Place, Parramatta NSW 2150
13 June 2023	PHIVE, 2 Civic Place, Parramatta NSW 2150
26 June 2023	PHIVE, 2 Civic Place, Parramatta NSW 2150
10 July 2023	PHIVE, 2 Civic Place, Parramatta NSW 2150
24 July 2023	PHIVE, 2 Civic Place, Parramatta NSW 2150
14 August 2023	PHIVE, 2 Civic Place, Parramatta NSW 2150
28 August 2023	PHIVE, 2 Civic Place, Parramatta NSW 2150
11 September 2023	PHIVE, 2 Civic Place, Parramatta NSW 2150
25 September 2023	PHIVE, 2 Civic Place, Parramatta NSW 2150
9 October 2023	PHIVE, 2 Civic Place, Parramatta NSW 2150
23 October 2023	PHIVE, 2 Civic Place, Parramatta NSW 2150
13 November 2023	PHIVE, 2 Civic Place, Parramatta NSW 2150
27 November 2023	PHIVE, 2 Civic Place, Parramatta NSW 2150
4 December 2023	PHIVE, 2 Civic Place, Parramatta NSW 2150
11 December 2023	PHIVE, 2 Civic Place, Parramatta NSW 2150

BACKGROUND

1. Section 365 of the Local Government Act 1993 requires Councils to meet at least 10 times each year, each time in a different month.

2. Council’s Code of Meeting Practice at Part B, Section 3.1 also provides in part that - Ordinary meetings of the council… will be held on the second and fourth Monday of the month (excepting the month of January where no meetings are held), and … will start at 6:30pm and will finish at 11:00pm, to assist in the management of the large amount of business before Council.

ISSUES/OPTIONS/CONSEQUENCES

3. To align with Council’s Code of Meeting Practice, the following schedule of Ordinary Council Meetings and locations is proposed for 2023:

Date	Location
13 February 2023	PHIVE, 2 Civic Place, Parramatta NSW 2150
27 February 2023	PHIVE, 2 Civic Place, Parramatta NSW 2150
13 March 2023	PHIVE, 2 Civic Place, Parramatta NSW 2150
27 March 2023	PHIVE, 2 Civic Place, Parramatta NSW 2150
11 April 2023	PHIVE, 2 Civic Place, Parramatta NSW 2150
24 April 2023	PHIVE, 2 Civic Place, Parramatta NSW 2150
8 May 2023	PHIVE, 2 Civic Place, Parramatta NSW 2150
22 May 2023	PHIVE, 2 Civic Place, Parramatta NSW 2150
13 June 2023	PHIVE, 2 Civic Place, Parramatta NSW 2150
26 June 2023	PHIVE, 2 Civic Place, Parramatta NSW 2150
10 July 2023	PHIVE, 2 Civic Place, Parramatta NSW 2150
24 July 2023	PHIVE, 2 Civic Place, Parramatta NSW 2150
14 August 2023	PHIVE, 2 Civic Place, Parramatta NSW 2150
28 August 2023	PHIVE, 2 Civic Place, Parramatta NSW 2150
11 September 2023	PHIVE, 2 Civic Place, Parramatta NSW 2150
25 September 2023	PHIVE, 2 Civic Place, Parramatta NSW 2150
9 October 2023	PHIVE, 2 Civic Place, Parramatta NSW 2150
23 October 2023	PHIVE, 2 Civic Place, Parramatta NSW 2150
13 November 2023	PHIVE, 2 Civic Place, Parramatta NSW 2150
27 November 2023	PHIVE, 2 Civic Place, Parramatta NSW 2150
4 December 2023	PHIVE, 2 Civic Place, Parramatta NSW 2150
11 December 2023	PHIVE, 2 Civic Place, Parramatta NSW 2150

4. All meetings are scheduled to commence at 6:30pm.

5. During the month of April, it is recommended the Council Meeting be held on Tuesday, 11 April as Monday, 10 April is a public holiday (Easter Monday).

6. During the month of June, it is recommended the Council Meeting be held on Tuesday, 13 June as Monday, 12 June is a public holiday (King’s Birthday).

7. During the month of December, it is recommended that Council Meetings be held on the first and second Monday of the month due to the Christmas / New Year period.

8. Council Meetings are not held between Christmas / New Year and during the month of January 2023, with Council Meetings resuming in February 2023. A report will be provided in November 2022 recommending that delegated authority be given to the Lord Mayor and Chief Executive Officer to attend to matters of an urgent nature during this period.

CONSULTATION & TIMING

Stakeholder Consultation

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

Date	Stakeholder	Stakeholder Comment	Council Officer Response	Responsibility
19 September 2022	Councillor Support	No comment was provided.	Dates were provided to determine suitability for Councillor Support and events.	Governance

Councillor Consultation

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

Date	Councillor	Councillor Comment	Council Officer Response	Responsibility
Nil

LEGAL IMPLICATIONS FOR COUNCIL

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

FINANCIAL IMPLICATIONS FOR COUNCIL

12. If Council resolves to approve this report in accordance with the proposed resolution, there are no unbudgeted financial implications for Council’s budget. The logistics for Council Meetings (including room hire, catering, staff costs and technology, etc) is provided for within the existing adopted operational budget.

	FY 22/23	FY 23/24	FY 24/25	FY 25/26
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

Vandana Saini

Council Secretariat & Registers Officer

Gwendolyn Hughes

Governance Manager

John Angilley

Chief Financial and Information Officer

Bryan Hynes

Acting Chief Executive Officer

Attachments:

REFERENCE MATERIAL

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

Funding Source

CAPEX
CAPEX
External
Internal
Other
Total CAPEX

Funding Source

Item	Subject	Councillor	Question
13.4	Minutes of the Traffic Engineering Advisory Group meeting held on 21 September 2022: Item 2209 B2 Projects recently completed, Projects currently funded and projects lists for consideration of future funding.	Noack	How will staff escalate matters with Ausgrid and get a response in relation to lighting upgrades on Hill Road?
16.1	Legal Status Report as at 30 September 2022	Garrard	Refer to Attachment 1, as the question related to a confidential matter under section 10A(2) (e) of the Local Government Act.
16.1	Legal Status Report as at 30 September 2022	Garrard	Refer to Attachment 1, as the question related to a confidential matter under section 10A(2) (e) of the Local Government Act.
16.1	Legal Status Report as at 30 September 2022 – (Item 21)	Darley	Refer to Attachment 1, as the question related to a confidential matter under section 10A(2) (e) of the Local Government Act.
16.1	Legal Status Report as at 30 September 2022 –	Siviero	Refer to Attachment 1, as the question related to a confidential matter under section 10A(2) (e) of the Local Government Act.