MINUTES OF THE Meeting of City of Parramatta Council HELD IN THE council chamber at 5 PARRAMATTA square, parramatta ON Monday,  14 November 2022 AT 6:30pm

PRESENT

The Lord Mayor, Councillor Donna Davis and Councillors Phil Bradley, Kellie Darley, Pierre Esber, Michelle Garrard, Henry Green, Ange Humphries, Cameron Maclean, Paul Noack, Sameer Pandey, Dr Patricia Prociv, Dan Siviero, Georgina Valjak, Donna Wang and Lorraine Wearne.

1.      OPENING MEETING

The Lord Mayor, Councillor Donna Davis, opened the meeting at 6:38pm.

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.

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

	Procedural Motion
4065	RESOLVED      (Garrard/Pandey) (a) That the request to attend the Ordinary meeting of Council dated 14 November 2022 via remote means submitted by Councillor Humphries due to personal reasons be accepted. (b) Further, that the Council accept the apologies of Councillor Wearne as she is unable to attend the meeting due to technical difficulties.

	Procedural Motion
4066	Procedural Motion     (Garrard/Pandey) That the meeting be adjourned for a short recess.
	Note: The meeting was adjourned at 6:41pm for a short recess.

The meeting resumed at 6:56pm 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, Paul Noack, Sameer Pandey (Deputy Lord Mayor), Dr Patricia Prociv, Dan Siviero, Georgina Valjak and Donna Wang.

6.      CONFIRMATION OF MINUTES

	SUBJECT:         Minutes of the Council Meeting held on 31 October 2022
4067	RESOLVED      (Garrard/Wang) That the minutes of the Council meeting held on 31 October 2022 be received and noted, and that such minutes be taken as a true record of the proceedings of that meeting.

7.      DISCLOSURES OF INTEREST

There were no Declarations of Interest made at this meeting.

Note: Councillor MacLean returned to the meeting at 6:56pm.

8.      Minutes of the Lord Mayor

8.1	SUBJECT          Parramatta Light Rail Stage 2 Environmental Impact Statement REFERENCE   F2022/00105 - D08765689 REPORT OF Lord Mayor, Councillor Donna Davis
4068	RESOLVED      (Davis/Noack) (a)     That Council note that the Environmental Impact Statement (EIS) for Stage 2 of the Parramatta Light Rail has been placed on public exhibition until 7 December; and (b)     Further, that the Lord Mayor write to the NSW Government requesting an extended timeframe for public exhibition of the EIS to 4 January 2023, to allow adequate time for public input.
	Note: A question was taken on notice for this item.

8.2	SUBJECT          NSW Local Hero Australian of the Year Award REFERENCE   F2022/00105 - D08764501 REPORT OF Lord Mayor, Councillor Donna Davis
4069	RESOLVED      (Davis/Bradley) (a)     That Council congratulate Amar Singh, founder and President of Turbans 4 Australia, who was recognised as NSW Local Hero for the 2023 Australian of the Year Awards; and (b)     Further, that the Lord Mayor write to Amar Singh to congratulate him on the achievement and thank him for his service to our community.

8.3	SUBJECT          City of Parramatta Council v. Cumberland City Council Cricket Match REFERENCE   F2021/02779 - D08764203 REPORT OF Lord Mayor, Councillor Donna Davis
4070	RESOLVED      (Davis/Garrard) That Council organises the City of Parramatta Council vs. Cumberland City Council Mayoral Challenge Cricket Match, to be held in the first quarter of 2023.

9.      Public Forum

9.1

SUBJECT          PUBLIC FORUM 1: Item 13.1A 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   F2022/00105 - D08761075 FROM               Cheryl Bates

Note: Suzette Meade spoke on behalf of Cheryl Bates. Thank you, Lord Mayor, and Councillors for the opportunity to speak to this item. This submission is by Cheryl Bates OAM as Chair of the National Trust Parramatta Regional Branch. The Branch continues to voice their opposition to the magnitude of rezonings that are leading to haphazard planning in Parramatta. These Council decisions are severely impacting on heritage settings and, at worst, leading to the destruction of listed heritage items. The Branch STRONGLY OPPOSES this Planning Proposal, DCP and Voluntary Planning Agreement. The nine-year CBD Planning process identified the appropriate maximum building heights on this site to be 18 – 36 metres and this was decided with community consultation. Now, with the ink hardly dry on the CBD plan, Council is considering increasing the building height almost tenfold and changing the zoning of the site. Our Branch has followed this Planning Proposal since 2018 and has noted the developer’s unwillingness to negotiate any changes to their “vision” despite significant opposition to the proposal. Council’s own Heritage Advisory Committee objected to the proposal in 2019 but this was not reported to a committee again in the post-exhibition assessment phase. The reason why this did not occur was - and I quote “the proposal in the post exhibition phase is largely the same” and “it was considered unnecessary to seek another comment”. How can a proposal be largely unchanged in the face of significant community objections and several unfavourable reports by heritage experts? Do not be misled, the Church is a developer and should be treated as such. The Church is building what is predominantly a commercial development to be sold to members of the public and not only for their church parishioners. I put to you several points to support our opposition: 1.   The proposed towers will introduce unacceptable impacts on the landmark qualities of the Cathedral and its setting. 2.   The amenity of Centenary Square, a gathering place for over 230 years will be compromised by towers that are too high and too bulky. 3.   The perceived unwillingness of the developer to acknowledge heritage community concerns and negotiate any changes to their vision for a site that has nationwide significance. The Branch also has many more concerns about the St John’s Site DCP, and we believe that the Voluntary Planning Agreement, as stated, holds Council to ransom to delist and demolish the listed Parish Hall. We will address our significant concerns that such agreements are being used to “sell off” heritage items at a later stage. This Planning Proposal will destroy the significant heritage centre of Parramatta and should not proceed. STAFF RESPONSE No staff response was provided.

9.2	SUBJECT          PUBLIC FORUM 2: Item 13.1A 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   F2022/00105 - D08761668 FROM               Bruce Morrison
	Thank you, Lord Mayor and Councillors. I too acknowledge the Burramatta People of the Dharug Nation and pay my respects to their elders past, present, and emerging. We would like to thank the Council for their efforts in support of our application. At this last milestone with Council we would reflect on the following: ·    Two groups of elected Parramatta Councillors have endorsed our proposal. ·    The DPE provided gateway approval. ·    We have agreed with Council the draft LEP and DCP and a VPA. ·    We have worked with Council and DPE through amendments to the CBD LEP that changed the context and assessment framework for our Planning Proposal whilst under public exhibition. ·    And DPE wrote on 17 October outlining three key areas of focus – Amenity, Character and Resilience. We believe that our Proposal meets and exceeds in each of these focus areas. ·    We believe we can address any unresolved issues raised by government agencies in their submissions at a future DA stage – as agreed by Council officers. ·    We have the support of the local planning panel. ·    We have survived a global pandemic! On a significant site we expect high levels of engagement in the community, as reflected in the submissions. We have held this site for over 220 years. We are deeply aware of our stewardship responsibilities. We appreciate the support of almost half the submissions. So let me address what we believe to be the key issues raised in those community submissions which were not in support of our Planning Proposal. The major heritage asset on the site is St John’s Cathedral - the oldest continuously operating church in Australia. The land around the Cathedral has been acquired progressively since the 1880’s. Various buildings have been renovated, extended, relocated, and replaced over many, many years. Our Planning Proposal is the product and fruit of a vision held for over a century by our forebears. Our aim is:. ·    To provide new parish facilities ·    To undertake conservation works to St John’s Cathedral ·    To provide an appropriate setting for a heritage jewel in the centre of a dynamic new city. ·    To provide an opportunity for reflection and interpretation of the aboriginal history associated with this site. In relation to the built form of the north tower: ·    We have set the building back to create more space around the Cathedral. ·    We have conformed to the setbacks and view corridors in the CBD DCP –  south from Lennox Bridge, and the 20 metre setback from the centre line of the Cathedral. ·    We have respected the solar access to Parramatta Square as required by DPE and CPC. ·    We expect to design a building subject to Council’s design excellence processes befitting. ·    We hope to attract national tenants, adding to the vibrant commercial hub. ·    The accommodation for those jobs moves people closer their homes. This validates State Government infrastructure investment. It supports Council’s long held view that Parramatta is a Metropolitan Centre of national and global significance.. In relation to the setting: ·    Work with neighbours to provide separation between buildings. ·    We will create a third square with improved public domain activation to create a new and greatly improved precinct by extending Parramatta Square almost 100 meters west towards Marsden St. ·    Increase the number of trees. ·    Remove cars from street level. ·    And provide access in perpetuity to one of the only privately owned green spaces in the centre of Parramatta. ·    In short, we will expand the public domain on our site by over 50%. St John’s Cathedral Community shares this vision for the Cathedral and a great urban outcome for Parramatta.  We support the Planning framework, which we have worked on, with Council, for 6 years to support the amenity, character and resilience of the built form and public domain design. My involvement in this project spans over 15 years, much longer than the 6 years we have been engaged with Council and DPE. We are asking today that the Panel support the proposal so that we may move forward with the new Planning framework. Thank you for your time today. STAFF RESPONSE No staff response was provided.
9.3	SUBJECT          PUBLIC FORUM 3: Item 13.1A 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   F2022/00105 - D08761759 FROM              James Colman
	Dear Lord Mayor and Councillors - thanks for the opportunity to speak in this item. Tonight you are dealing with a unique site - the first in Australia to be consecrated. In the public interest your responsibility is unusually heavy and the community is watching. Nearly 60% of public submissions to this proposal were objections. It is not a matter to be dealt with lightly. Approval may see the demolition of the State-heritage listed Church Hall. This well-loved and well-used building is in good condition. It is not ruinous. It is not obsolete. As the Cathedral's partner it has a healthy future. And it also affords rare sky views which stand to be lost if the proposal proceeds. Approval will inevitably add to more afternoon winter overshadowing of nearby public spaces including Centenary Square. There is no such thing as a "slender" high rise tower. No 4-storey building on a constrained site could possibly be described as slender, especially when viewed from pedestrian level. Approval will demonstrate a preference for blatant commercialism as the principal driver of the project. Two centuries of civic importance and value will be degraded as we are presented with two massive speculative towers which will be with us for generations. These towers will stand as unashamed symbols of corporate ambition which will permanently degrade a space which must surely stand as the jewel in Parramatta's civic crown. As an outsider I can confirm a simple home truth. Affection for this treasured precinct goes far beyond Parramatta. The wider public-including our First Peoples - regard the Church and you the Council as its custodians. The wider community places a very high value on protecting the civic and spiritual associations of the site and its curtilage. The Council and the Church can do better. How ? By deferring the Proposal, the DCP and the Agreement for further study and review. I suggest that deferral should be followed by calling for a national architectural competition to achieve real design excellence for this nationally important site - with an emphasis on heigh reduction and the provision of generous mid-winter solar access within an enhanced public domain. STAFF RESPONSE No staff response was provided.

9.4

SUBJECT          PUBLIC FORUM 4: Item 13.1A 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   F2022/00105 - D08761965 FROM               Dr Ian Grady

Lord Mayor, Councillors of the City of Parramatta. Thank you for the opportunity to address you. I acknowledge the Burramattagal people as the traditional custodians of this place. My Name is Ian Grady. My family and I were ratepayers in LGA Parramatta for many years. I resided at North Parramatta for a number of years and all my children attended state schools in the Parramatta LGA. Trained as an historian, I am author of four books of Australiana, one of which concerns the history of St John’s. I am also very familiar with the historic centres of most European and Mediterranean cities. Many of these have historic churches and cathedrals in the middle of the town square. Most of the churches are on a much grander scale than the modest structure of St John’s and are considerably older. However, a large part of their grandeur is the fact that they are set apart from other buildings, i.e. that there is space around them on all sides. The preferred development model by the church envisages demolition of the church hall. I understand some people oppose this, because it is a locally listed heritage building. I have to say that the hall is a particularly unimpressive structure, with an ugly agglomeration of dark brick buildings attached to its rear. In my view it actively detracts from the Cathedral by being too close to it and imposing itself in the space that should belong to the Cathedral. The cathedral building will gain in significance and importance as a landmark and as an historic building if there is adequate space surrounding it and if the facade of the proposed development is not only set further away, but also is light and open and in sympathy with the space. The hall was built as a utilitarian structure. It replaced a wooden hall, which replaced an earlier hall that was quite possibly the site of the colony’s first school. In a similar way the current hall has been much altered and added to over the years and now forms a dark presence, lurking off to one side of the cathedral, with a footprint that is now considerably larger than that of the cathedral itself. A walled arcade and metal security gates have been added on two sides, so that it is no longer even symmetrical. Demolition of the hall, and construction of a new building set further away will create more space around the cathedral, and will allow for more grass to augment the lawns on the north and south side of the cathedral, which are the only public lawns between the Parramatta River and Ollie Webb Reserve, 1 km to the south. Age alone is not sufficient reason to retain a building that was built to the plans of an unknown architect, that conforms to no recognisable style, that has been disfigured by additions, that does not fit in with its surroundings and which detracts from a public space. Given that high towers already surround what was once the tallest building in Parramatta it is more important that as much space as possible be created at ground level around the cathedral. I support the proposal. STAFF RESPONSE No staff response was provided.

10.    Petitions

There were no petitions tabled at this meeting.

11.    Rescission Motions

Nil

12.    Reports to Council - For Notation

12.1	SUBJECT          Variations to Standards under Clause 4.6 of Parramatta LEP 2011, Auburn LEP 2010, Holroyd LEP 2013, The Hills LEP 2012, Hornsby LEP 2013 REFERENCE   F2022/00105 - D08435817 REPORT OF     Group Manager - Development and Traffic Services
4071	RESOLVED      (Esber/Garrard) That the report be deferred to the next Council Meeting on 28 Nov 2022.
	Note: Questions were taken on notice for this item.

12.2

SUBJECT          Appointment of the 2023 Citizen of the Year Awards Judging Panel REFERENCE   F2022/00105 - D08736179 REPORT OF Team Leader, Civic Program & Protocol

4072

RESOLVED      (Maclean/Esber) (a)     That Council notes the community representatives to be appointed as the 2023 Citizen of the Year Awards Judging Panel community representatives: 1      Matt Zarhar                   Lives and works in Parramatta LGA (Winston Hills/ Parramatta). A current member of The City of Parramatta’s Active Transport Advisory Committee. 2     Margaret Tipper   Works in Parramatta LGA (Parramatta). Personal connection to Parramatta through family history and as the Executive Officer at Western Sydney Regional Information and Research. (b)     That the following be appointed on an eligibility list in the event a member resigns or withdraws their application.  1     Laurie Bennet      Former Alderman of Parramatta        Council, current member of Heritage Advisory Group, previously served 3 years on Judging Panel as community representative, community advocate. (c)     Further, that Council extends its appreciation to all unsuccessful applications, acknowledging their interest to support Council through membership of the 2023 Citizen of the Year Awards Judging Panel.

13.    Reports to Council - For Council Decision

Procedural Motion

4073

RESOLVED      (Maclean/Garrard) That the Item 13.1A - LATE REPORT - ADVICE OF THE LOCAL PLANNING PANEL: 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) supersedes Item 13.1 - 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)

13.1A	SUBJECT          LATE REPORT - ADVICE OF THE LOCAL PLANNING PANEL: 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 - D08760803 REPORT OF Land Use Planning Team Leader
	Motion                (Maclean/Darley) That consideration of the Draft Planning Proposal , Draft DCP and Draft Planning Agreement for the St Johns Site be deferred to allow a request to be made to the Department of Planning and Environment (DPE) for an extension to the Gateway Determination expiry date to allow Council sufficient time to consider the Second CBD SEPP (as defined in the body of this report) prior to making a decision on the planning controls for the subject site. (a) Should the request be granted, the matter be referred to Council together with a further report detailing the outcome of the Second CBD SEPP process and the implications for the planning controls proposed for the subject site. (b) Should an extension not be granted within 7 days, an Extraordinary Council meeting be held to allow Council to determine whether the Planning Proposal should be forwarded to the DPE, with sufficient time to meet the Gateway Determination timeframes. 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 MacLean and seconded by Councillor Darley on being put was declared LOST. DIVISION           A division was called, the result being:- AYES:                Councillors Bradley, Darley, Davis, Maclean and Prociv NOES:                Councillors Esber, Garrard, Green, Humphries, Noack, Pandey, Siviero, Valjak and Wang
4074	RESOLVED      (Garrard/Esber) Procedural Motion     (Garrard/Siviero) That the motion be put.
	Foreshadowed Motion       (Garrard/Esber) (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 basement 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 are to be referred to the DPE for their consideration: 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. The motion being LOST the foreshadowed motion moved by Councillor Garrard and seconded by Councillor Esber becomes the motion. In accordance with section 375A of the Local Government Act a Division of votes is recorded on this planning matter The motion on being put was declared CARRIED. DIVISION           A division was called, the result being:- AYES:                Councillors Esber, Garrard, Green, Humphries, Noack, Pandey, Siviero, Valjak and Wang NOES:                Councillors Bradley, Darley, Davis, Maclean and Prociv
4075	RESOLVED      (Garrard/Esber) (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 basement 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 are to be referred to the DPE for their consideration: 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.

13.2

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

REFERENCE   F2022/00105 - D08696076

REPORT OF Council Secretariat & Registers Officer

4076

RESOLVED      (Maclean/Darley)

That Council adopt the schedule of Ordinary Council Meeting dates for 2023 as follows, with an update to the first November 2023 meeting date to be 6 November 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
6 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

14.    Notices of Motion

14.1	SUBJECT          Removal of overhanging vegetation on Bennelong Parkway REFERENCE   F2022/00105 - D08748839 FROM Councillor Patricia Prociv
4077	RESOLVED      (Prociv/Noack) (a) That City of Parramatta Council Officers liaise (if necessary) with Sydney Olympic Park Authority to create a regular schedule of maintenance of cutting back vegetation overhanging the bike lane on Bennelong Parkway, between Hill Rd and Australia Avenue Sydney Olympic Park. (b) Further that this maintenance includes the removal of road debris blocking the bike lane.
	Note: A question was taken on notice for this item.

15.    Questions with Notice

15.1

SUBJECT          Questions Taken on Notice - 31 October 2022 Council Meeting REFERENCE   F2022/00105 - D08752570 REPORT OF Governance Manager

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. During discussion on the Motion moved by Councillor Noack, Councillor Noack asked the following question: How is staff going to escalate matters with Ausgrid and get a response in relation to lighting upgrades on Hill Road? Executive Director City Assets & Operations: Hill Road lighting assets were handed over to Council from the former Auburn City Council as part of the 2016 Council boundary adjustments. These assets were built for the 2000 Sydney Olympic Games which Ausgrid has been refusing to own due to the assets being sub-standard and the lack of work as executed plans. Council has initiated an ongoing discussion with Ausgrid and Sydney Olympic Parks Authority (SOPA) to collect necessary information to produce work as executed plans and other necessary documents with an aim to ultimately handover these assets to Ausgrid. Discussions between Council staff and Ausgrid have been constructive and positive to date. Council has also been working with Ausgrid to identify root cause for frequent failure of some of the lighting at Hill Road. Ausgrid has confirmed the technical fault in their voltage distribution system causing the failure has now been rectified. Council is in the process of replacing the faulty lights. Legal Status Report as at 31 August 2022 During discussion on the Motion moved by Councillor Esber, Councillor Garrard asked the following question: Refer to Attachment 1, as the question related to a confidential matter under section 10A(2) (e) of the Local Government Act. Legal Status Report as at 31 August 2022 During discussion on the Motion moved by Councillor Esber, Councillor Garrard asked the following question: Refer to Attachment 1, as the question related to a confidential matter under section 10A(2) (e) of the Local Government Act. Legal Status Report as at 31 August 2022 During discussion on the Motion moved by Councillor Esber, Councillor Darley asked the following question: Refer to Attachment 1, as the question related to a confidential matter under section 10A(2) (e) of the Local Government Act. Legal Status Report as at 31 August 2022 During discussion on the Motion moved by Councillor Esber, Councillor Siviero asked the following question: Refer to Attachment 1, as the question related to a confidential matter under section 10A(2) (e) of the Local Government Act.

Note: Prior to moving into Closed Session, the Lord Mayor invited members of the public gallery to make representations as to why any item had been included in Closed Session. No member of the gallery wished to make representations.

16.     CLOSED SESSION

4078

RESOLVED      (Maclean/Esber) 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  Tender 13/2022 Valentine Avenue Streetscape Upgrade, Valentine Avenue, Parramatta. (D08644304) - This report is confidential in accordance with section 10A (2) (d) of the Local Government Act 1993 as the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

Note: Councillor Darley left the Chamber at 8:52pm before moving into Closed Session.

16.1

SUBJECT          Tender 13/2022 Valentine Avenue Streetscape Upgrade, Valentine Avenue, Parramatta REFERENCE   F2022/00105 - D08644304 REPORT OF Manager Capital Projects

4079

RESOLVED      (Bradley/Pandey) (a)     That Council approve appointment of the preferred proponent for the Valentine Avenue Streetscape Upgrade, Parramatta for the contract sum as outlined in paragraph 13 of the 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.

Note: Councillor Darley returned to the Chamber at 8:55pm after the closed session.

	Procedural Motion
4080	RESOLVED      (Esber/Noack) That the meeting resume into Open Session.

17.    REPORTS OF RESOLUTIONS PASSED IN CLOSED SESSION

The Chief Executive Officer read out the resolutions for Item 16.1.

18.    CONCLUSION OF MEETING

The meeting terminated at 8:57pm.

THIS PAGE AND THE PRECEDING 19 PAGES ARE THE MINUTES OF THE ORDINARY/EXTRAORDINARY COUNCIL MEETING HELD ON Monday,  14 November 2022 AND CONFIRMED ON Monday,  28 November 2022.

Chairperson