Agenda of Council - Monday, 28 November 2022

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

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 6:38pm.

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

Council 28 November 2022 Item 12.1

REPORTS TO COUNCIL - FOR NOTATION

ITEM NUMBER 12.1

SUBJECT City of Parramatta Council Annual Report 2021/22

REFERENCE F2022/00105 - D08621158

REPORT OF Corporate Strategy Manager

CSP THEME: FAIR

workshop/briefing date: 19 September 2022

PURPOSE:

To table Council’s Annual Report for the 2021/22 Financial Year.

RECOMMENDATION

That Council receive and note the City of Parramatta Council Annual Report 2021/22 (Attachment 1).

BACKGROUND

1. In accordance with s428 of the Local Government Act 1993 and Office of Local Government (OLG) Integrated Planning and Reporting Guidelines, Council is required to submit an annual report within 5 months after the end of financial year (no later than 30 November 2022).

2. The Annual Report details Council’s achievements in implementing its Delivery Program over the year and collates a wide range of statutory reporting requirements for Council. It is structured in four sections:

- Part 1 – Introduction

- Part 2 – Our Year in Review

- Part 3 – Community Report Card

- Part 4 – Statutory Reporting Information

3. The Annual Report has been developed from information provided by all areas of Council. Its development has involved an extensive approval process with responsible areas, Executive Directors and the CEO.

4. Part 3 of the Annual Report – ‘Community Report Card’ – has been designed to stand alone as a separate ‘lift out’ document. This will be available to download separately on the website.

5. Per legislative requirements, the Annual Report will include Council’s audited General Purpose Financial Statements as an appendix upon publication. The Financial Statements have previously been received by Council at its meeting of 31 October 2022, and thus are not included in this Council report.

6. Prior to this year, there was no statutory requirement to table the Annual Report at a Council meeting. An update to OLG’s Integrated Planning and Reporting Guidelines in 2021 introduced this requirement. As such this is the first Annual Report tabled at a Council meeting in recent years.

ISSUES/OPTIONS/CONSEQUENCES

7. Social media communications are planned to promote the Annual Report and Community Report Card following publication. A small print run is also planned for appropriate Council venues.

CONSULTATION & TIMING

Stakeholder Consultation

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

Date	Stakeholder	Stakeholder Comment	Council Officer Response	Responsibility
June – October 2022	Various internal stakeholders	Draft content provided	Content incorporated into drafts	Corporate Strategy team
11-25 October 2022	Executive Team / Directors	Approvals provided for draft content	Amendments included in final draft	Corporate Strategy team
2 November 2022	Chief Executive Officer	Approval of final draft	Amendments included in final version.	Corporate Strategy team

Councillor Consultation

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

Date

Councillor

Councillor Comment

Council Officer Response

Responsibility

19 September 2022

Councillor Workshop

- Explore opportunities to promote in social media communications

- Explore opportunities to share print copies in libraries or Council venues.

- Social media comms and printing are planned after publication.

Corporate Strategy team

LEGAL IMPLICATIONS FOR COUNCIL

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

FINANCIAL IMPLICATIONS FOR COUNCIL

11. If Council resolves to approve this report in accordance with the proposed resolution, there are no unbudgeted financial implications for Council’s budget.

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

	FY 22/23	FY 23/24	FY 24/25	FY 25/26
Revenue
Internal Revenue
External Revenue
Total Revenue	Nil	Nil	Nil	Nil

Funding Source	Nil	Nil	Nil	Nil

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

Funding Source	Nil	Nil	Nil	Nil

CAPEX
CAPEX
External
Internal
Other
Total CAPEX	Nil	Nil	Nil	Nil

Dayne Glinkowski

Corporate Strategy Manager

Nicole Carnegie

Director City Strategy

John Angilley

Chief Financial and Information Officer

Bryan Hynes

Acting Chief Executive Officer

Attachments:

1 ⇩

City of Parramatta Council Annual Report 2021/22

75 Pages

REFERENCE MATERIAL

Council 28 November 2022 Item 12.2

REPORTS TO COUNCIL - FOR NOTATION

ITEM NUMBER 12.2

SUBJECT Investment Report for October 2022

REFERENCE F2022/00105 - D08753724

REPORT OF Tax and Treasury Accountant

CSP THEME: Fair

workshop/briefing date: Nil

PURPOSE:

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

RECOMMENDATION

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

BACKGROUND

1. In accordance with clause 212 of the Local Government (General) Regulation 2021 (the Regulation), a report setting out details of all money invested must be presented to Council monthly.

2. The report must include a certificate as to whether the investments have been made in accordance with the Local Government Act 1993 (the Act), the Local Government (General) Regulation 2021 and Council’s Investment Policy.

ISSUES/OPTIONS/CONSEQUENCES

Investment Portfolio Summary

3. The investment portfolio closing balance as at 31 October 2022 was $530.7m. The average portfolio holdings held throughout the month was $530.1m.

4. The majority of Council’s investment portfolio is in term deposits (74%). The portfolio also includes liquid floating rate notes (FRNs), cash, and the TCorp Long Term Growth Fund (LTGF).

5. Approximately 8% of the portfolio comprises of less conservative long-term investments with exposure to credit markets and domestic and international shares. The investment portfolio is well diversified and weighted towards higher-rated institutions.

6. The table below lists the diversified range of investments held by Council as at 31 October 2022.

Table 1: Summary of investment portfolio

*COPC Internal Benchmark returns - based on Council’s individual benchmarks across the various asset classes it invests within its own portfolio. The following individual benchmarks are the measurements, used for each asset class.

Cash: RBA Cash Rate
Term Deposits: based on Council’s weighted average duration using multiple ADIs average monthly rate
FRNs: AusBond Credit FRN Index
CFS Global Credit Income Fund: AusBond Credit Index
NSW TCorpIM Long-Term Growth Fund: NSW TCorpIM Internal Benchmark

7. Investment performance for the month. The investment portfolio reported a monthly- actual return of 0.33% for October 2022 (or 4% on an annualised basis). Outperforming the monthly Ausbond bank bill index by 111 basis points on an annualised basis.

The TCorp Fund 3.89% actual for the month was the strongest performer, as domestic and international shares rebounded this month as several central banks hinted at reducing the pace of their interest rate hike cycle.

The longer-term outperformance continues to be anchored by the handful of longer-dated deposits that were locked-in prior to the RBA’s rate cuts, as well as the FRNs locked in at attractive margins, boosted by the strategic sales implemented over the past few years.

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

Table 2: Historical investment portfolio performance

9. Investment Revenue: As at the end of October 2022, the cumulative actual interest/income earned, was approximately $1.35m above the budget for the month, largely driven by the strong rebound of shares this month.

We exercise caution given the volatility from the TCorp Long-Term Growth Fund during any month, as was the case this month, with the TCorp Fund gaining $1.06m.

Table 3: Cumulative Interest table

Note: Council values all managed funds, Floating rate notes, and bonds on a mark to market basis each month. Any gain or loss in valuation is capitalised to interest income based on actual monthly statements.

Table 4: Managed Fund Valuations Capitalised

During October, unrealised capital gain valuations on Managed funds equated to approximately $1.196m. This gain has been capitalised and is included in the cumulative investment revenue shown in table 3.

The TCorp holding represents approximately 5.5% of Council’s total investment portfolio and returned 3.89% (monthly actual) during October. This equated to the TCorp valuation increasing by approximately $1.06m during the month.

The Fund should be looked at with a long-term view, with a minimum holding period of +7 years. Given the exposure to the volatile asset of shares, Council should expect to see, on average, a negative month once every 3 months over a long-term holding period.

The CFS Global Credit fund accounts for around 2.5% of Council’s total investment portfolio. The Fund returned 0.99% (monthly actual) as the market valuation of the fund’s assets in global credit securities rebounded during the month.

10. Maturities and Transactions: Overall, the portfolio remains well diversified from a maturity perspective, with around 20% of assets directed to medium term (2-5 years).

Where liquidity permits, Imperium recommend new surplus funds be directed towards 1-2 year horizons given this is where the most attractive value can be found.

The following Investment transactions occurred during October 2022:

Table 5: Investment Maturities

Table 6: New Investment Purchases

Any funds remaining after maturities and reinvestment are used to replenish cash at call, and to fund weekly operational expenditure.

Table 7: Maturity profile

11. The portfolio complies with Council’s Investment Policy limits, with ample investment opportunity still available within all institutional rating, duration, and counterparty limits.

Graph 1: Investment Policy rating capacity

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

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

Table 8: Exceptions to counterparty limits

Institution

Policy Limit ($‘000)

Held ($’000)

Overweight ($’000)

Reason

Compliance Date

No Exceptions

As at the end of October 2022, Council did not have an overweight position to any single ADI. Overall, the portfolio is well diversified across the entire credit spectrum, including some exposure to unrated ADIs.

A full list of counterparty holdings is available on page 9 of the Imperium comprehensive report (attachment 2)

13. Current Yields Councils Fixed Bonds are currently yielding between around 1.10%, with a weighted average maturity of 2.72 years.

The CFS Global Credit Fund holds a diverse range of securities across the global credit market. It remains very well diversified by issuer to mitigate default risk. It invests in nearly 600 corporate bonds from issuers in various countries and industry sectors. Any spread contraction going forward allows credit and asset-backed holdings to enjoy significant capital gains. With a running yield of around +4-4.5% per annum, Council will continue to hold this fund.

Council’s term deposit portfolio (74% of the portfolio) was yielding 2.26% p.a. at month-end, with a weighted average duration of around 410 days or 1.12 years.

Despite more rate rises on the horizon, given an upward sloping deposit curve, maintaining a slightly longer duration position will continue to outperform (averaging) shorter durations. The deposit market has largely already factored in the current rate hike cycle, reflected by the flattening of the curve demonstrated by the longer-term tenors (+2yrs) over the past few months (the market is also factoring in a recession over coming years). Deposit yields remained relatively flat over the past month across most tenors.

New investments above 4¼-4½% p.a. now appear likely if Council can continue to place the majority of its surplus funds for terms of 12 months to 2 years.

Graph 2: Term Deposit Yields

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

15. Detailed investment performance commentary in relation to each investment product /type and counterparty, can be found in the Imperium comprehensive report attached. (Attachment 2)

Certification of Investments

16. I hereby certify the investments for the month of October 2022 have been made in compliance with the Act, the Regulations, Council’s Investment Policy, and the adviser’s recommendations.

John Angilley, Chief Financial and Information Officer

CONSULTATION & TIMING

Stakeholder Consultation

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

Date

Stakeholder

Stakeholder Comment

Council Officer Response

Responsibility

31 Oct 2022

Imperium Markets

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

Refer Imperium Comprehensive Report

All Investments are within Policy limits and reconcile to the General Ledger as at 31 Oct 2022

John Angilley

CFIO

Bruce MacFarlane

Treasury & Tax Accountant

Councillor Consultation

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

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

LEGAL IMPLICATIONS FOR COUNCIL

19. There are no legal implications resulting from this report.

FINANCIAL IMPLICATIONS FOR COUNCIL

20. As part of the September 2022 quarterly review, Investment Interest revenue, was increased by approximately $1.9m on the back of strong performance of Councils Growth/managed funds, also an increase in market term deposit rates, with new investments likely to yield above 4% for durations greater than 12 months.

Bruce MacFarlane

Tax and Treasury Accountant

John Angilley

Chief Financial and Information Officer

Bryan Hynes

Acting Chief Executive Officer

Attachments:

1 ⇩	Investment and Loans Performance Graph Oct 2022.pdf	1 Page
2 ⇩	Imperium Comprehensive Investment Report -Oct 22 .pdf	34 Pages
3 ⇩	List of Council Investments by maturity Oct 2022.pdf	7 Pages

REFERENCE MATERIAL

Council 28 November 2022 Item 13.1

REPORTS TO COUNCIL - FOR COUNCIL DECISION

ITEM NUMBER 13.1

SUBJECT Community Engagement Strategy

REFERENCE F2022/00105 - D08555698

REPORT OF Community Engagement Senior Advisor

CSP THEME: FAIR

workshop/briefing date:

· Councillor Briefing Note for Information: 17/06/2022

· Councillor Workshop Briefing Note: 11/08/2022

· Councillor Workshop: 15/08/2022

· Councillor Briefing Note for Information: 28/10/2022

PURPOSE:

To seek endorsement of the Community Engagement Strategy which has been updated following community consultation and public exhibition.

RECOMMENDATION

(a) That Council receive and note the Engagement Evaluation and Key Findings Report (October 2022) in respect of the Community Engagement Strategy.

(b) Further, that Council adopt the Community Engagement Strategy (found at Attachment 1) to comply with Council’s statutory obligations.

BACKGROUND

1. The City of Parramatta Community Engagement Strategy (the Strategy) outlines Council’s approach to engaging with the community and stakeholders. It meets Council’s statutory obligations and provides transparency and clarity for the community and all stakeholders so that they can understand their role in the decision-making process.

2. In July 2022, Council officers commenced stage one consultation to support the review of the Strategy. Internal and external consultation ran for a period of 3 weeks from Monday 4 July 2022 until Monday 25 July 2022.

3. At the Council Meeting on Monday 12 September 2022, approval was provided to put the draft Community Engagement Strategy on public exhibition.

4. Public exhibition of the draft Community Engagement Strategy ran for a period of four weeks from Wednesday 14 September 2022 until Thursday 13 October 2022.

5. The Community Engagement Strategy clearly outlines how and when the community can expect to be engaged across different projects and provides clarity on the responsibilities of various stakeholder groups. The key elements of the Strategy include the following:

a. What is community engagement?

b. Our approach to engagement

c. Responsibilities

d. Who do we engage with?

e. What engagement looks like at the City of Parramatta

f. When and how we engage

g. Implementation plan

h. Consolidated Notification Requirements

6. In response to internal and external feedback gathered during stage one consultation, Council officers drafted a new version of the Community Engagement Strategy for public exhibition. Key changes included:

a. How and when the community can expect to be engaged was made clearer.

b. Greater clarity was provided on the responsibilities of various stakeholder groups.

c. Action items were updated and split into ‘ongoing’ and ‘short to medium-term’ for greater clarity.

d. Further details were provided about the engagement methods which will be used for different levels of Planning projects.

7. In response to feedback gathered throughout the public exhibition stage of the draft Community Engagement Strategy, Council officers updated the Strategy with the following:

a. Further details have been provided about the engagement methods which will be used for different levels of Traffic projects.

b. Details about engagement timeframes and expectations around minimum participation numbers have been updated and strengthened.

ISSUES/OPTIONS/CONSEQUENCES

8. Ordinarily, the Strategy must be reviewed within 3 months of the local government elections, however the NSW Office of Local Government (OLG) have allowed all Councils an additional 9 months to complete this process, meaning that Council must have the Strategy reviewed and adopted by 4 December 2022.

9. Consistent with clause 2.24(1) of the Environmental Planning and Assessment Act 1979, once Council has endorsed the strategy, it will be published on the NSW Planning Portal.

CONSULTATION & TIMING

10. A detailed Engagement Evaluation and Key Findings Report has been finalised following stage one consultation and the public exhibition of Council’s Community Engagement Strategy. This document, which can be found at Attachment 1, provides a comprehensive overview of the promotional channels used and engagement activities offered, as well as thorough analysis of the internal and external feedback that was gathered across both stages.

Stakeholder Consultation

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

Date	Stakeholder	Stakeholder Comment	Council Officer Response	Responsibility
Monday 4 – Monday 25 July 2022	Online survey hosted on Participate Parramatta for broader community including residents, visitors, business owners etc.	Feedback indicated: - Most people were aware about how they can have their say. - Satisfaction with Council’s approach to community engagement is generally high. - Improvements in the way we respond to feedback and greater information sharing will lead to enhanced credibility.	Feedback recorded and captured within Key Findings and Engagement Evaluation Report. Changes made to the draft Community Engagement Strategy as appropriate.	Research and Engagement
Monday 4 – Monday 25 July 2022	Feedback boxes for all community members at: - Parramatta Library - Dundas Library - Carlingford Library - Ermington Library - Epping Library - Constitution Hill Library - Wentworth Point Library - Customer Service Centre	Comments received in relation to need for Council to continue using traditional methods of promotion, including newspapers and post.	Feedback recorded and captured within Key Findings and Engagement Evaluation Report. Changes made to the draft Community Engagement Strategy as appropriate.	Research and Engagement
Sunday 10 July 2022	Open discussions with First Nations community members at NAIDOC Day (Parramatta Park)	Comments received in relation to putting greater trust in Indigenous leadership / guidance and providing training in community leadership.	Feedback recorded and captured within Key Findings and Engagement Evaluation Report. Changes made to the draft Community Engagement Strategy as appropriate.	Research and Engagement
Wednesday 13 July 2022	Pop-up for all community members at Parramatta Farmers Market, Centenary Square	Comments received in relation to: - The good / great job Council is doing in the engagement space. - Needing more opportunities to provide feedback on contentious matters.	Feedback recorded and captured within Key Findings and Engagement Evaluation Report. Changes made to the draft Community Engagement Strategy as appropriate.	Research and Engagement
Thursday 14 July 2022	Pop-up for all community members at Huddle Family Fun Day, Karabi Community Centre, Constitution Hill	Comments received in relation to: - The good / great job Council is doing in the engagement space. - Needing more opportunities to provide feedback on contentious matters.	Feedback recorded and captured within Key Findings and Engagement Evaluation Report. Changes made to the draft Community Engagement Strategy as appropriate.	Research and Engagement
Tuesday 26 July 2022	Intercept surveying targeting youth and Western Sydney University students in Parramatta Square.	Feedback indicated that Council could be doing more to engage with youth and that young people do want to get involved and have their say.	Feedback recorded and captured within Key Findings and Engagement Evaluation Report. Changes made to the draft Community Engagement Strategy as appropriate.	Research and Engagement
Monday 1 August 2022	In-school workshop with primary students from North Rocks Public School.	Feedback indicated that Council could be doing more to engage with youth and that young people do want to get involved and have their say.	Feedback recorded and captured within Key Findings and Engagement Evaluation Report. Changes made to the draft Community Engagement Strategy as appropriate.	Research and Engagement
Tuesday 5 July – Wednesday 27 July 2022	Meetings / correspondence with internal project teams that regularly engage with the community, including: - Open Space - Governance - Strategic Land Use Planning - Major Projects and Precincts - Infrastructure Planning and Design - Rates - Place Services - Development and Traffic Services - City Design - City Strategy	Feedback received in relation to minor process and procedure improvements. Generally positive comments and an overall high level of satisfaction with community engagement.	Feedback recorded and captured. Changes made to the draft Community Engagement Strategy as appropriate.	Research and Engagement
Tuesday 19 July 2022	Workshop with Council’s Community Capacity Building team	Feedback on different ways that Community Capacity Building can contribute to improved engagement with various communities throughout the Parramatta LGA.	Feedback recorded and captured. Changes made to the draft Community Engagement Strategy as appropriate.	Research and Engagement
Wednesday 14 September 2022 – Thursday 13 October 2022	Online survey hosted on Participate Parramatta for broader community including residents, visitors, business owners etc.	Feedback received in relation to need for greater details to be provided about the engagement methods used for different levels of Traffic projects.	Feedback recorded and captured within Key Findings and Engagement Evaluation Report. Changes made to the Community Engagement Strategy as appropriate.	Research and Engagement
Wednesday 14 September 2022 – Thursday 13 October 2022	Feedback boxes for all community members at: - Parramatta Library - Dundas Library - Carlingford Library - Ermington Library - Epping Library - Constitution Hill Library - Wentworth Point Library - Customer Service Centre	Feedback received in relation to need to update and strengthen details about engagement timeframes and expectations around minimum participation numbers.	Feedback recorded and captured within Key Findings and Engagement Evaluation Report. Changes made to the Community Engagement Strategy as appropriate.	Research and Engagement
Tuesday 13 September 2022	Presentation to First Nations Advisory Committee	Generally positive feedback. No changes requested.	Feedback recorded and captured within Key Findings and Engagement Evaluation Report. Changes made to the Community Engagement Strategy as appropriate.	Research and Engagement
Tuesday 4 October 2022	Presentation to Access Advisory Committee	Generally positive feedback. No changes requested.	Feedback recorded and captured within Key Findings and Engagement Evaluation Report. Changes made to the Community Engagement Strategy as appropriate.	Research and Engagement
Various dates in September and October 2022	Pop-up activities at 5 x Family Fun Day/Movie Night series	N/A: All planned pop-ups were cancelled due to persistent rain.	Not applicable.	Research and Engagement

Councillor Consultation

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

Date	Councillor	Councillor Comment	Council Officer Response	Responsibility
17 June 2022 (Councillor Briefing Note for Information)	All Councillors	Sought opportunities to speak with the Research and Engagement team prior to or near the start of stage one consultation.	Organised additional opportunities for Councillors to communicate with staff.	Research and Engagement
4 July 2022 (Online meeting)	Cr Darley	Spoke to: - How is Councillors’ feedback treated? - How Council treats feedback received over social media? - Greater clarity being required on how community can engage with Council. - The need for naming projects to be referenced. - A desire for less CBD centric engagement. - Improvements being needed in the development application process.	Feedback recorded and captured. Changes made to the draft Community Engagement Strategy as appropriate.	Research and Engagement
6 July 2022 (Online / face-to-face meeting)	Cr Davis, Cr Prociv, Cr Wearne, Cr Bradley	Requested additional consultation channels to be included. Also spoke to: - Need for more tailored approaches with NESB communities. - Greater clarity and consistency required on development applications.	Feedback recorded and captured. Additional consultation channels included, and changes made to the draft Community Engagement Strategy as appropriate.	Research and Engagement
15 August 2022 (Councillor Workshop)	Cr Bradley, Cr Esber, Cr Green, Cr Humphries, Cr Maclean, Cr Prociv, Cr Siviero, Cr Valjak, Cr Wang, Cr Wearne	Raised several points of discussion and questions, many of which centred around development related consultations. Overall positive comments provided on draft Strategy.	Feedback and questions reported and captured. Questions on notice provided to relevant staff for addressing.	Research and Engagement
28 October 2022 (Councillor Briefing Note for Information)	All Councillors	N/A: Provided an update on the engagement activities and methods delivered as part of the public exhibition stage, as well as subsequent changes made to the Strategy.	Not applicable	Research and Engagement

LEGAL IMPLICATIONS FOR COUNCIL

13. In accordance with the Integrated Planning and Reporting (IP&R) framework and section 402A of the Local Government Act, a Council must establish and implement a strategy for engagement with the local community (called its Community Engagement Strategy) when developing its plans, policies and programs, and for the purpose of determining its activities (other than routine administrative matters).

FINANCIAL IMPLICATIONS FOR COUNCIL

14. If Council resolves to approve this report in accordance with the proposed resolution, there are no unbudgeted financial implications for Council’s budget.

15. An annual budget of $52,522 has been allocated from the ‘Engagement Critical Projects’ budget to support implementation of the actions outlined in the Community Engagement Strategy. It should be noted that all Council project teams are responsible for supplying their own budget to cover the cost of any engagement work completed on their respective projects.

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

	FY 22/23	FY 23/24	FY 24/25	FY 25/26
Revenue
Internal Revenue
External Revenue
Total Revenue	NIL	NIL	NIL	NIL

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

CAPEX
CAPEX
External
Internal
Other
Total CAPEX	NIL	NIL	NIL	NIL

Mark Chircop

Community Engagement Senior Advisor

Anna Pijaca

Research & Engagement Manager

Carly Rogowski

Executive Director, City Engagement & Experience

John Angilley

Chief Financial and Information Officer

Caroline Nuttall

Solicitor

Bryan Hynes

Acting Chief Executive Officer

Attachments:

1 ⇩	Attachment 1 - Community Engagement Strategy	68 Pages
2 ⇩	Attachment 2 - Engagement Evaluation and Key Findings Report (October 2022)	30 Pages

REFERENCE MATERIAL

Council 28 November 2022 Item 13.2

REPORTS TO COUNCIL - FOR COUNCIL DECISION

ITEM NUMBER 13.2

SUBJECT Refusal of the Planning Proposal for land at 361-365 North Rocks Road, North Rocks

REFERENCE F2022/00105 - D08733114

APPLICANT/S EG

OWNERS NextSense (Former Royal Institute for Deaf and Blind Children)

REPORT OF Senior Project Officer

CSP THEME: FAIR

PURPOSE

The purpose of this report is to seek Council’s resolution to not proceed with the Planning Proposal for land at 361-365 North Rocks Road, North Rocks, thereby formally ending the Planning Proposal process.

RECOMMENDATION

(a) That Council refuse the Planning Proposal at 361-365 North Rocks Road, North Rocks for the following reasons:

1. The Planning Proposal is inconsistent with the Housing Diversity Precinct Criteria in Council’s approved Parramatta Local Strategic Planning Statement as follows:

a. the proposed increases in height (between 9m to 25m) and density (overall site FSR of 1.35:1), and site layout leads to built form and public domain outcomes that are incompatible with the local context;

b. the predominance of mid-rise 4-7 storey residential flat buildings is incompatible with the local context and detracts from the strategic intent to promote medium density typologies of 2-3 storeys;

c. inadequate provision of affordable housing;

d. the lack of sufficient documentation to demonstrate no adverse traffic impacts, and the proposed measures to improve public transport access are not considered feasible;

e. poor strategic merit in relation to access, topographical, environmental and amenity considerations; and

f. inadequate open space provision considering the requirements of Council’s Community Infrastructure Strategy.

(b) That the applicant be advised of Council’s decision.

1. The Panel noted the Council officer recommendation and the applicant’s position;

2. The Panel noted the difference in the Council officer and applicant’s position regarding the site’s capacity to accommodate built form greater than 3 storeys, and the compliance of the proposal with Housing Diversity Precinct Criteria 6 within Council’s adopted Local Strategic Planning Statement requiring the proposal to be predominantly low rise (2-3 storeys);

3. The Panel did not support the applicant’s request to defer consideration of the matter and recommended the matter be reported to Council.

PLANNING PROPOSAL TIMELINE

OVERVIEW OF THE PLANNING PROPOSAL

1. On 2 June 2021, a Planning Proposal was lodged with Council by the applicant to amend the Parramatta (former The Hills) Local Environmental Plan 2012 (PLEP 2012) for the land at 361-365 North Rocks Road, North Rocks to:

(a) Amend the Land Zoning (LZN) map from R2 Low Density Residential to part R3 Medium Density Residential and part R4 High Density Residential;

(b) Increase the maximum Height of Buildings (HOB) map from 9m (2 storeys) to part 9m, 11m, 16m, 23m and 25m (2-7 storeys); and

2. The Planning Proposal seeks to facilitate a new residential precinct of up to 1,080 dwellings (approximately) that is between 2-7 storeys high as detailed in Table 1 and visually represented in Figure 1.

Land use or typology	Quantum	Building height
Detached dwellings	9	2 storeys
Townhouses	236	2-3 storeys
Apartments	690	4-7 storeys
Independent Living Units	145	4-6 storeys
Aged Care Facility	60-80 beds	4-6 storeys
Open space	3.8ha (1.5ha public open space)	Not applicable
Community facility	2,700m²	4-6 storeys
Retail and commercial uses (childcare, general store and medical centre)	700m²	4-6 storeys

Table 1: Proposed land uses and dwelling typologies

Figure 1: Applicant’s scheme - building typologies and storeys (2 June 2021)

3. Council officers consider the Planning Proposal to be inconsistent with the Local Housing Strategy (LHS) and the Local Strategic Planning Statement (LSPS). Specifically, the Planning Proposal is inconsistent with the Housing Diversity Precinct Criteria (HDP Criteria) and strategic objectives in the LSPS to focus growth in the Greater Parramatta and the Olympic Peninsula corridor (GPOP) and Strategic Centres, and to support and enhance the low scale character and identify of suburban Parramatta (Planning Priorities 4 and 5 respectively). Therefore it is recommended not to proceed with the Planning Proposal based on Council officers’ assessment which is outlined in this report and detailed in the Local Planning Panel Report at Attachment 1.

SITE DESCRIPTION

4. The subject site is located in the North Rocks Local Centre, which is not part of the growth precincts identified in the LSPS. As shown in Figure 2, the site is adjacent to the local shopping centre and has an approximate site area of 12.6ha. It is predominantly occupied by two storey buildings, which were previously being utilised by NextSense (former The Royal Institute for Deaf and Blind Children).

Figure 2: Aerial view of the site at 361-365 North Rocks Road, North Rocks

5. North Rocks has a low scale, suburban setting with predominantly single and double storey dwellings. Immediately to the east and west of the site are single and double storey dwellings. Crown land is located to the north containing dense vegetation adjacent to the M2 motorway. To the south, the shopping centre reads as a single storey from North Rocks Road due to the downward slope in topography and the building sitting lower in the landform (Figure 3). The site itself slopes down from the southern to the northern boundary, with an existing gully in the rear central portion of the site.

Figure 3: North Rocks Local Shopping Centre

6. The primary access to the site is at North Rocks Road and a secondary access is located at Duncan Place. The nearest train service is at Epping and the nearest light rail stop will be at Carlingford. There are limited ‘all stops’ bus services that operate through North Rocks connecting to Epping and Parramatta, and M2 Express bus services are located 1.2km west of the site. Refer to Local Planning Panel report in Attachment 1 for detailed information on the site characteristics.

BACKGROUND

7. Between late 2018 – 2019, several discussions were held between Council officers and the applicant to discuss concept plans for the redevelopment of the site prior to lodgment of the Planning Proposal. The applicant subsequently lodged a Planning Proposal for the site in March 2019 but this was withdrawn before the LSPS came into effect on 31 March 2020 and established the strategic planning context within which the current proposal needs to be considered.

8. The LSPS has been informed by detailed planning work and sets clear objectives and criteria for future planning of North Rocks and prioritises the preservation of the low-scale character of the area.

9. On 2 June 2021, the current Planning Proposal (Attachment 2) was lodged with Council by the applicant to amend the applicable planning controls. An overview of the existing and proposed controls is detailed in the Local Planning Panel Report (Attachment 1).

10. Council officers assessed the Planning Proposal, including the consideration of referrals to relevant sections of Council. On 2 March 2022, Council officers issued a Request for Further Information Letter (RFI) to the applicant with an assessment of key issues with a focus on the Housing Diversity Precinct Criteria. To this RFI letter, the applicant requested and was granted an extension to the RFI deadline until 31 May 2022.

11. The applicant provided an interim response in April 2022 and a draft revised masterplan update in August 2022. While the draft masterplan sought to resolve urban design matters such as the site layout, it did not address outstanding concerns raised in the RFI including the excessive height and density, HDP Criteria, traffic, bushfire risk, natural areas, open space, tree canopy, flood and water management, sustainability, economic development, affordable housing and community facilities. The draft revised masterplan has not been submitted with adequate supporting information and does not replace the June 2021 proposal which is the subject of this report.

12. To progress the assessment of the Planning Proposal in a timely manner, Council officers notified the applicant on 28 July 2022 that the matter would proceed to the Local Planning Panel on 18 October 2022 (refer to Chronology in Attachment 3).

PLANNING AGREEMENT

13. A draft letter of offer dated 30 April 2021 in Attachment 4 has been provided with the Planning Proposal and is detailed in the Local Planning Panel Report in Attachment 1. The letter of offer proposes a potentially broad range of infrastructure to support the Planning Proposal. However, the extent of infrastructure required to support the Planning Proposal can only be ascertained after the strategic merit and an appropriate built form outcome have been established.

PLANNING PROPOSAL ASSESSMENT

14. The Planning Proposal (June 2021) is inconsistent with the strategic objectives of the Greater Sydney Region Plan (Region Plan), Central City District Plan (District Plan), Council’s Local Housing Strategy (LHS) and Local Strategic Planning Statement (LSPS) (refer to the detailed assessment that accompanied the Local Planning Panel Report at Attachments 1 and 5). The following is a summary of the key issues.

Greater Sydney Region Plan and Central City District Plan

15. The Region Plan and District Plan identify the strategic objective to provide ongoing housing supply and a range of housing types in appropriate locations, with access to jobs, services and public transport (Objective 10 of Region Plan and Planning Priority C5 of the District Plan). Both of these strategic documents identify the site as an existing urban area within the North Rocks Local Centre. The site is not identified as part of the Greater Parramatta Growth Area (which comprises 12 precincts) where the capacity for additional housing growth is identified and planned for.

16. The proposal is inconsistent with the Region Plan and District Plan primarily as it seeks to locate substantial additional growth outside the identified growth precincts as evidenced by its inconsistencies with the LHS and LSPS as detailed below.

Local Housing Strategy

17. The LHS identifies North Rocks as a high constraint locality due to having less public transport accessibility. The LHS recommends not to actively facilitate additional major rezonings for high constraint localities unless they are for the purpose of housing diversity (Section 2.3.2). Furthermore, it provides that where there is renewal for these localities, it should be lower scale with low density development reflecting the surrounding character and consistent with the predominant building form. The Planning Proposal does not facilitate low scale development that is reflective of the surrounding character as it proposes up to 690 units in buildings up to 7 storeys and is therefore inconsistent with the LHS.

18. There is no existing or planned major public transport infrastructure for the area. Whilst the Planning Proposal proposes a 10-year temporary bus shuttle connection to M2 Bus Services, this would not adequately address the need for long-term access to, and the additional demand for, major public transport services that would be generated by the redevelopment of the site.

Local Strategic Planning Statement

19. Consistent with the LHS, the LSPS identifies that planned housing growth will primarily occur in growth precincts along the Greater Parramatta and Olympic Park (GPOP) corridor, and that this will be in the form of high-density development. The applicant requested the inclusion of the site as a significant renewal opportunity in the LSPS, however this was not supported. Notably, the LSPS (Section 3.1.2) identifies that additional housing (such as that proposed) is not needed to meet Council’s housing delivery targets to 2036.

20. As the site is not a growth precinct, the applicant is seeking to justify the additional housing based upon the HDP Criteria in the LSPS (see Figure 4 below). Council officers consider the Planning Proposal to be inconsistent with the HDP Criteria, specifically Criteria 1, 5, 6, 7, 8 and 9 relating to urban design and compatibility; open space; predominance of low-rise building forms; housing diversity and maximum building storey height; requirements for residential flat buildings including affordable housing, and environmental and amenity considerations. The Planning Proposal has not satisfied the urban design capability test in HDP Criteria 1 and the requirement to be predominantly low-rise, two to three storeys in HDP Criteria 6 (refer to detailed assessment in Attachment 5 which accompanied the Local Planning Panel Report in Attachment 1).

21. The Planning Proposal is also inconsistent with LSPS Planning Priority 5, which requires development to support and enhance the low-scale character and identity of suburban Parramatta, and Policy Direction 18 which seeks to limit the height of mixed use and residential apartment development in Local Centres to low rise building forms. The proposed building height of 25m (up to 7 storeys) would detract from the established low-scale character of North Rocks, where the predominant building form is single and double storey dwellings.

22. It is therefore recommended that the Planning Proposal not be supported due to its inconsistencies with the strategic objectives of the Region Plan, District Plan, LHS and LSPS.

Figure 4: Housing Diversity Precinct Criteria

PARRAMATTA LOCAL PLANNING PANEL

23. On 18 October 2022, the Planning Proposal was reported to the Local Planning Panel (the Panel) for advice. The Panel noted the Council officers’ recommendation; that the Applicant sought to defer consideration of the proposal by the Council as they disagree that their proposal is widely different to the intent of Council’s Strategic Planning; noted the difference between the two parties is considerable; and recommended the matter to be reported to Council. The full Panel recommendation is detailed below:

(a) The Panel notes that Councils’ Strategic Planning officers believe that the proposal at present is inconsistent with the HDP Criteria in Council’s approved Parramatta Local Strategic Planning Statement (LSPS) as follows:

i. the proposed increases in height (between 9m to 25m) and density (overall site FSR of 1.35:1), and the site layout will lead to built form outcomes that are incompatible with the local context;

ii. the predominance of mid-rise 4-7 storey residential flat buildings is incompatible with the local context and detracts from the strategic intent to promote medium density typologies of 2-3 storeys;

iii. there is inadequate provision of affordable housing;

iv. there is insufficient documentation to demonstrate that there are no adverse traffic impacts, and the proposed measures to improve public transport access are not considered feasible;

v. there is poor response to site context considering topographical, environmental and amenity considerations; and

vi. there is inadequate open space provision considering the requirements of Council’s Community Infrastructure Strategy.

(b) The applicant and consultants seek to defer consideration of this proposal by the Council at this time as they disagreed that their proposal is widely different to the intent of Council Strategic Planning.

(c) The Panel notes the difference between the two parties is considerable as Council planners believe the site is to be restricted to 2 to 3 storeys keeping with their understanding of the interpretation of HDP Criteria in the LSPS.

(d) The applicants’ position is that they have provided sufficient opportunities for low density (69% of the site is low density) and believe there is some opportunity for residential flat buildings on this site up to 7 storeys.

(e) The Panel believes it is now time to report this situation to the full Council.

(f) Further, that the applicant be advised of Council’s decision.

The Panel decision was UNANIMOUS.

COUNCIL OFFICER RESPONSE TO PANEL RECOMMENDATION

24. It is noted the Panel did not endorse the Council officer recommendation, but also did not support the Applicant’s desire for deferment of the proposal, and instead recommended that the matter should be reported to Council for consideration.

25. As is noted in the Panel’s Recommendation (c), Council officers have assessed the proposal against the HDP Criteria and LSPS strategic objectives to support and enhance the low scale character and identity of suburban Parramatta. HDP Criteria 1 and 8 require Planning Proposals to have urban design merit which should be demonstrated by an urban design capability test that shows that the proposed built form is compatible with surrounding development and neighbourhoods. As the Panel have indicated in recommendation (c), Council staff consider that development of the site should be of a predominantly low-rise two to three storeys built form in keeping with the character of the area and consistent with Criteria 6.

26. North Rocks has a suburban residential character where the predominant built form is single and double storey dwellings. Therefore, the proposed height of buildings of up to 25m (7 storeys) is considered to be incompatible with the character of North Rocks, and the proposal has not satisfied the broad urban design capability test in HDP Criteria 1 (refer to the detailed assessment in Attachment 5 which accompanied the Local Planning Panel Report at Attachment 1).

27. The Panel notes in Recommendation (d) that the Applicant’s position is that 69% of the proposed site area is low-density and below three storeys. This is considered to be a potentially misleading analysis and is not supported as the 69% calculation referred to includes proposed roads and open space in the overall ‘low-density’ area. The Planning Proposal would actually deliver predominantly 4-7 storey residential flat buildings as is demonstrated in Table 2 which identifies the percentage of gross floor area that is accommodated in different housing types. This is considered to be a more appropriate means of measuring the predominance of building forms proposed across the site, as is required to be considered under HDP Criteria 6.

Dwelling Type/Use/Height	No. of Dwellings	GFA (%)	Housing Mix (%)
Low rise - dwellings and townhouses (2-3 storeys)	245	26.1%	22.7%
Seniors living (4-6 storeys)	145	25%	13.4%
Residential flat buildings (4-7 storeys)	690	46%	63.9%
Commercial/community buildings	N/A	2.9%	N/A

Table 2: Proposed dwelling/land use mix and Percentage (%) GFA and Housing Mix

28. The applicant contention noted in Recommendation (d) that there is an opportunity for some residential flat buildings on the site up to 7 storeys is not supported given the LSPS Planning Priority 5 to support and enhance the low-scale character and identity of suburban Parramatta. Specifically, Policy Direction 18 of the LSPS directs Council to limit the height of mixed use and residential apartment development in Local Centres to low rise building forms, and the HDP Criteria 6 specifically identifies low-rise as being predominantly 2-3 storeys. The inclusion of 7 storey buildings, despite their proposed location within the central portion and lowest point of the site would also be unsympathetic to the topography and would require the use of significant fill that would introduce substantial environmental change to the site. This approach reflects the lack of strategic merit of the proposal in relation to site constraints, topography and environmental considerations as required by HDP Criteria 9.

CONSULTATION AND TIMING

Stakeholder Consultation

29. Public consultation will take place if the Planning Proposal proceeds to, and obtains, a Gateway determination from the Department of Planning and Environment.

Councillor Consultation

30. An initial briefing was held with Councillors on the Planning Proposal on 21 September 2022. In accordance with normal Council practice, a Councillor briefing on this report will be held before the Council meeting.

Date

Stakeholder

Stakeholder Comment

Council Officer Response

Responsibility

21 Sep

2022

Councillors

Nil

City Planning and Design

23 Nov 2022

Councillors

Report finalised before this briefing

City Planning and Design

FINANCIAL IMPLICATIONS FOR COUNCIL

31. Fees of $150,000 have been paid by the applicant in June 2021 for the assessment of the planning proposal. The fees are only recognisable from an accounting point of view when a determination is made and have been included in the September Qtr forecast. There are no further direct financial implications for Council because of the recommendations in this report.

	FY 21/22	FY 22/23	FY 23/24	FY 24/25
Revenue
Internal Revenue
External Revenue		150,000
Total Revenue		150,000

Funding Source	N/A

Operating Result
External Costs
Internal Costs
Depreciation
Other
Total Operating Result	NIL	150,000

Funding Source	N/A

CAPEX
CAPEX
External
Internal
Other
Total CAPEX	N/A

LEGAL IMPLICATIONS FOR COUNCIL

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

Jema Samonte

Senior Project Officer

Kelly Van Der Zanden

Group Manager City Design

David Birds

Group Manager, Major Projects and Precincts

Jennifer Concato

Executive Director City Planning and Design

John Angilley

Chief Financial and Information Officer

Bryan Hynes

Acting Chief Executive Officer

Attachments:

1 ⇩	Attachment 1 Local Planning Panel Report 18 October 2022	24 Pages
2 ⇩	Attachment 2 Planning Proposal June 2021	159 Pages
3 ⇩	Attachment 3 Chronology	2 Pages
4 ⇩	Attachment 4 Draft Letter of Offer	5 Pages
5 ⇩	Attachment 5 Detailed Council Officer Assessment of Proposal	7 Pages

REFERENCE MATERIAL

Council 28 November 2022 Item 13.3

REPORTS TO COUNCIL - FOR COUNCIL DECISION

ITEM NUMBER 13.3

SUBJECT Pre-Gateway - Planning Proposal for land at 8 Lincluden Place, Oatlands

REFERENCE RZ/3/2021 - D08740309

APPLICANT/S Think Planners

OWNERS Zaki Property Pty Ltd As Trustee For Zaki Property Trust

REPORT OF Project Officer

CSP THEME: innovative

Development applications considered by Sydney central city planning panel – Nil

PURPOSE

To seek Council’s approval to forward the Planning Proposal for the land at 8 Lincluden Place, Oatlands to the Department of Planning and Environment (DPE) with a request to issue a Gateway determination.

RECOMMENDATION

(a) That Council approve, for the purposes of seeking a Gateway Determination from the Department of Planning and Environment (DPE), the Planning Proposal at Attachment 1 for the land at 8 Lincluden Place, Oatlands, which seeks the following change to the Parramatta (former The Hills) Local Environmental Plan 2012:

i. Amend the Land Zoning Map from SP2 Infrastructure (Educational Establishment) to R2 Low Density Residential.

(b) That the Planning Proposal be forwarded to the DPE for a Gateway Determination.

(c) That Council advise the DPE that the CEO will be seeking to exercise its plan-making delegations for this Planning Proposal, as authorised by Council on 26 November 2012.

(d) That Council delegates authority to the CEO:

i. To draft and negotiate the Planning Agreement based on the submitted offer provided at Attachment 2 and as detailed in this report.

ii. In the event that a Gateway Determination is issued by DPE, that the Planning Agreement is placed on public exhibition concurrently with the Planning Proposal.

(e) That, Council delegates authority to the CEO to correct any minor anomalies of a non-policy and administrative nature that arise during the plan-making process or preparation of the Planning Agreement.

(f) Further, that Council note the advice of the Local Planning Panel dated 18 October 2022 which is consistent with the above Council officer recommendation.

PLANNING PROPOSAL TIMELINE

SUMMARY

1. This report seeks Council’s approval to forward a Planning Proposal (Attachment 1) for land at 8 Lincluden Place, Oatlands, in accordance with the recommendations outlined in this report to the Department of Planning and Environment (DPE) seeking a Gateway Determination.

SITE DESCRIPTION

2. The Planning Proposal applies to the land at 8 Lincluden Place, Oatlands (Lot 3 DP 775621) (the site). The site is bound by Gollan Avenue to the north-east, Pennant Hills Road to the north-west and neighbouring properties at 6 and 9 Lincluden Place (refer to Figure 1). Current vehicular access to the site is via Gollan Avenue and Lincluden Place. The site has an area of approximately 4,249sqm.

3. The site is contains several existing buildings previously used as a Royal Institute for the Deaf and Blind school (Garfield Barwick School). The site is not currently in use as a school and has been vacant since its sale in 2019.

4. The adjacent site to the west (Alan Walker College) is attached to the United Theological College. The remaining sites on Lincluden Place, and the neighbouring sites on Gollan Avenue comprise low density dwellings.

Figure 1 – Site at 8 Lincluden Place, Oatlands, subject to the Planning Proposal

DESCRIPTION OF PLANNING PROPOSAL

5. On 5 November 2021, Council received a Planning Proposal application relating to land at 8 Lincluden Place, Oatlands, known as Lot 3 DP775621.

6. The Planning Proposal (Attachment 1) seeks to amend the Parramatta (former The Hills) Local Environment Plan 2012 as follows:

	Existing	Proposed
Land Use Zoning	SP2 Infrastructure (Educational Establishment)	R2 Low Density Residential
Height of Buildings	9m (2-3 storeys)	No change
Floor Space Ratio	No FSR	No change (to be consistent with surrounding R2 Low Density Residential land that does not have a maximum FSR – existing built form controls will dictate an appropriate envelope in this regard).
Minimum Lot Size for subdivision	700m²	No change. The site could potentially accommodate up to 5 residential allotments (subject to future application for subdivision).
Number of Dwellings that can be accommodated (Based on Applicant’s indicative scheme)	None (prohibited within existing zoning)	Likely 4 x low density residential dwellings based upon the Applicant’s indicative scheme (2 x dual occupancies or 2 x dwelling houses with granny flats).

Table 1 – Current and proposed planning controls

7. The Planning Proposal only seeks to rezone the site from SP2 Infrastructure (Educational Establishment) to R2 Low Density Residential. No other changes to the currently applicable planning controls are proposed.

8. The Planning Proposal application included an indicative potential subdivision layout for the site that could be lodged under a future subdivision application to create two (2) new residential allotments facing Gollan Avenue, in addition to reusing the existing building as a future Educational Establishment (refer to Figure 2). It is noted that an Educational Establishment (school) use is also permitted with consent in the R2 Low Density Residential zone and therefore the existing building could still be used for that purpose. The Applicant has indicated to Council officers that they are looking at various options to develop the site under the proposed zoning but have not yet decided what option to pursue.

Figure 2 – Indicative subdivision plan for the site at 8 Lincluden Place, Oatlands

9. The proponent provided a Letter of Offer on 29 September 2022 (Attachment 2), outlining a willingness to enter into a Planning Agreement with Council to provide any necessary infrastructure to support the potential development outcomes that might result from the Planning Proposal. Additional details are in the Planning Agreement section of this report further below.

PLANNING PROPOSAL ASSESSMENT

10. The Planning Proposal has been prepared in accordance with the Environmental Planning and Assessment Act 1979 (EP&A Act) and the DPE’s A Guide to Preparing Planning Proposals and considers the State and local planning strategies. It is consistent with Council’s adopted Local Strategic Planning Statement (LSPS), Employment Lands Strategy (ELS) and Local Housing Strategy (LHS). Full details of this strategic planning assessment are contained within Part 3 of the Planning Proposal at Attachment 1.

11. The proposed R2 Low Density Residential is consistent with the surrounding R2 zoning and will be able to accommodate future residential development that is sympathetic to surrounding development, subject to future development application(s) and detailed assessment. The Planning Proposal will generate demand for infrastructure in this area, which can be addressed by a Planning Agreement (refer to Planning Agreement section of the report below). The loss of land zoned SP2 Infrastructure is not expected to impact upon the provision of schools in the area noting that the site (that is privately owned) has not been used as a school since prior to its sale in 2019, and that there are several existing educational establishments in the area, including the adjoining college to the west. Further, based upon the indicative subdivision plan, the existing buildings could be retained and used as an educational establishment into the future noting that an educational establishment is permitted with consent in the R2 Low Density Residential zone pursuant to the State Environmental Planning Policy (Transport and Infrastructure) 2021.

12. The Planning Proposal was subject to internal feedback from different sections within Council as part of the assessment process. Refer to the Planning Proposal at Attachment 1, and the Local Planning Panel (LPP) report at Attachment 3 for comprehensive details of the planning assessment undertaken by Council officers.

PARRAMATTA LOCAL PLANNING PANEL

13. The Planning Proposal (Attachment 1) was considered by the LPP at the meeting of 18 October 2022. The LPP unanimously supported the Council officer recommendations in this report when it considered the LPP report at Attachment 3 and recommends to Council that the Planning Proposal proceed to Gateway determination.

PLAN MAKING DELEGATIONS

14. Plan making delegations were announced by the then Minister for Planning and Infrastructure in October 2012 allowing councils to make LEPs of local significance. On 26 November 2012, Council resolved to accept the delegation for plan making functions, and for these functions be delegated to the Chief Executive Officer.

15. It is recommended that Council request to DPE to exercise its plan making delegations for this Planning Proposal. This means that after the Planning Proposal has received a Gateway Determination and complied with any conditions (including any requirements for public exhibition), Council officers can deal directly with the Parliamentary Counsel on the legal drafting and finalisation of the amendment to the LEP facilitated by this Planning Proposal.

PLANNING AGREEMENT

16. Council officers have identified the need for a Planning Agreement to accompany the Planning Proposal to address infrastructure demand. The Planning Agreement will be structured to allow a base development scenario (based upon the Applicant’s indicative subdivision layout comprising up to 2 residential allotments accommodating 4 low density dual occupancy dwellings and utilising the existing school building as a school or similar permitted use under the SP2 Zone) up to the maximum envisaged dwelling yield for the site (5 residential allotments accommodating 10 low density dual occupancy dwellings), effectively building a level of flexibility into the Planning Agreement.

17. The proponent provided a Letter of Offer on 29 September 2022 outlining a willingness to enter into a Planning Agreement associated with the Planning Proposal (Attachment 2). Based upon the Applicant’s preliminary subdivision layout (the base development scenario) and input from Council officers, the Applicant has agreed to enter discussions with Council to either construct or provide a monetary contribution towards footpath upgrades along Pennant Hills Road, specifically between Gollan Avenue and Glencoe Avenue. The estimated cost for these works is up to $300,000 for this portion of the footpath. The exact value of the works or monetary contribution payable under the base development scenario, will be resolved prior to public exhibition of the Planning Agreement.

18. The Planning Agreement will be structured so that any development scenario beyond the base scenario that introduces additional dwellings (up to the potential maximum of 5 residential allotments accommodating 10 dual occupancy dwellings) will require a monetary contribution of between $45,000 to $75,000 per dual occupancy. The exact figure payable is subject to negotiation with the applicant and will be agreed prior to the Planning Agreement being placed on exhibition. The monetary contribution would be utilised in the embellishment of public amenity within the vicinity of the proposed development.

19. The Planning Agreement will not exempt the Applicant from payment of applicable 7.11 contributions in accordance with the Outside CBD Contributions Plan

20. The Planning Agreement will be structured so that it will need to be re-negotiated, re-exhibited and reported to Council should a development application be lodged for a development scenario or land use that is not anticipated by the Planning Agreement as outlined above.

21. Refer to the LPP report at Attachment 3 for further details of the Planning Agreement.

FINANCIAL IMPLICATIONS FOR COUNCIL

22. Should Council resolve to proceed with the Planning Proposal, the financial implications for Council include costs associated with the exhibition process, which include advertising and landowner notification by mail out. These costs will be funded from the City Planning and Design budget.

23. As has been noted, the applicant has offered to enter into a Planning Agreement to deliver local infrastructure improvements to address demand generated by the Planning Proposal. As the final development scenario will not be known until development application stage, a Planning Agreement will be finalised that allows for variation in the works delivered to reflect the level of demand generated. These works may be delivered by a cash contribution and/or direct delivery. If the Planning Proposal proceeds to Gateway determination and public exhibition, the nature of the development proposed and the potential impacts on the finalisation of the Planning Agreement will be resolved prior to public exhibition and then considered further by Council.

24. The costs associated with the preparation, exhibition and finalisation of the draft Planning Agreement involve internal resources and legal costs. The developer will reimburse any legal costs relating to the Planning Agreement, which will then result in nil cost to Council for this item.

25. If Council resolves to endorse the recommendations of this report, the financial impacts on the budget are set out in the table below.

	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

CONCLUSION AND NEXT STEPS

26. The Planning Proposal seeks to rezone the site at 8 Lincluden Place, Oatlands from SP2 Infrastructure (Educational Establishment) to R2 Low Density Residential in a manner considered acceptable by Council officers. It is recommended that Council endorse the Planning Proposal provided at Attachment 1 and it be forwarded to the Department of Planning and Environment seeking a Gateway determination.

Grace Haydon

Project Officer

Michael Rogers

Land Use Planning Manager

David Birds

Group Manager, Major Projects and Precincts

Jennifer Concato

Executive Director City Planning and Design

Justin Day

Acting Executive Director Property and Place

John Angilley

Chief Financial and Information Officer

Bryan Hynes

Acting Chief Executive Officer

Attachments:

1 ⇩	Planning Proposal - 8 Lincluden Place, Oatlands	47 Pages
2 ⇩	Letter of Offer - 29 September 2022	1 Page
3 ⇩	Local Planning Panel Report - 18 October 2022	14 Pages

REFERENCE MATERIAL

Council 28 November 2022 Item 13.4

REPORTS TO COUNCIL - FOR COUNCIL DECISION

ITEM NUMBER 13.4

SUBJECT Night Time Economy Diversification Grants 2022/23

REFERENCE F2022/00105 - D08743569

REPORT OF Project Officer

CSP THEME: THRIVING

workshop/briefing date: 28 November 2022

PURPOSE:

To seek Council’s endorsement of the Night Time Economy Diversification Grants for 2022/2023 to support the growth and diversification of the City’s night time economy.

RECOMMENDATION

(a) That Council endorse the scope and guidelines for the Night Time Economy Diversification Grants for 2022/2023 provided at Attachment 1.

(b) That the Chief Executive Officer be authorised to make any minor edits to the Grant Guidelines at Attachment 1 of a non-policy nature, prior to the opening of the application round of the Night Time Economy Diversification Grants for 2022/2023.

(c) That the Chief Executive Officer be delegated authority to consider and endorse to determine the recommendations of the assessment panel.

(d) Further, that a Councillor briefing note detailing the outcomes of the Night Time Economy Diversification Grants Scheme is prepared at the close of the acquittal period in November 2023.

BACKGROUND

1. The night time economy is an important part of the City’s economy, identity and position as the Central River City. The City of Parramatta’s night time economy was valued at $1.16 billion in 2021 and provides great economic, social and cultural benefits to the City’s residents, workers, students and visitors.

2. On 10 February 2020, Council endorsed the Parramatta Night City Framework 2020-2024. Action 2.1 of the Framework commits Council to delivering an annual grants program to support the growth and diversification of the City’s night time economy.

3. On 5 February 2020, Council supported the inclusion of the Grants Scheme in the Parramatta Night City Framework as a priority action for three years.

4. Owing to the significant effects the COVID-19 pandemic has had on core night time economy sectors in the City of Parramatta, it is considered crucially important to run the grants program to help alleviate some of the burden for businesses seeking to innovate and trial new offers.

5. On 8 October 2019, Council endorsed the establishment of a Pilot Round of the Night Time Economy Diversification Grants. Council received 12 applications during the pilot round. 6 applications were successful, with grants ranging between $1,500 and $8,500 awarded. Due to the subsequent restrictions imposed by the NSW Government in response to the COVID-19 pandemic, only one project was successfully delivered and acquitted.

6. On 30 November 2020, Council endorsed a second round of the Night Time Economy Diversification Grants. Council received 17 applications during this round. A total of $60,616 was dispensed to 7 successful applicants.

7. On 30 September 2022, a briefing note detailing the outcomes of the 2019/20 and 2020/21 rounds of the Night Time Economy Diversification Grants was shared with Councillors.

8. Revisions to the Guidelines have been made for the 2022/2023 round to simplify the process for prospective applicants and to clarify the intended outcomes of the Grants Scheme.

OVERVIEW OF PREVIOUS ROUNDS

9. The purpose of the Night Time Economy Diversification Grants program is to promote a safe and welcoming night time economy (6pm - 6am) and improve perceptions of safety and vibrancy through diversifying the existing night time economy, encouraging new activities after hours.

10. The Night Time Economy Diversification Grants have been developed in consultation with Council’s Cultural Services Coordinator and Community Grants Officer to ensure that the stated aims and objectives are achievable, the scheme complies and adheres with Council’s Grants and Donations Policy and is run in line with our obligations and responsibilities under the Local Government Act 1993.

11. The proposed funding allocation pool for the Night Time Economy Diversification Grants is $50,000 for 2022/2023 across two categories;

a. Category 1 – CBD and surrounds

b. Category 2 – Outside of CBD

12. Due to the terms of the Economic Development Special Rate (EDSR), which is set by IPART, the EDSR cannot be spent on projects outside of the Rate’s collection area.

13. Funding for any one successful project will be capped at a max of $10,000.

14. Some projects may require a development consent to be obtained by owner/operator in conjunction with projects funded by this Grants Program. Applicants will be required to demonstrate compliance with existing development consents or identify where development applications to Council are required. Council Officers will work with applicants and recipients to ensure compliance with necessary development conditions and the lodgment of development applications, where required.

CONSULTATION & TIMING

Stakeholder Consultation

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

Date	Stakeholder	Stakeholder Comment	Council Officer Response	Responsibility
2/11/2023	Finance Partner	Funding is available	Noted.	Strategy Manager (Economic & Cultural)
14/09/2023	Community Grants Officer	Provided feedback	Noted and actioned.	Night Time Economy Projects Officer
27/09/2023	Cultural Services Coordinator	Provided feedback	Noted and actioned.	Night Time Economy Projects Officer

Councillor Consultation

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

Date	Councillor	Councillor Comment	Council Officer Response	Responsibility
5 February 2020	All Councillors	Support for inclusion of Grants Scheme in Parramatta Night City Framework as priority action for 3 years.	Noted and actioned.	Acting Economic Development Manager

17. It is anticipated that the application round for the Night Time Economy Diversification Grants will open in January 2023 for the 2022/2023 Financial Year. The proposed timeline for the grant program is detailed as follows in the table below.

Proposed timeline for grant program

23 January 2023	Application round opens
30 January 2023	Information session for prospective applicants
27 February 2023	Application rounds closes
27 February 2023 – 17 March 2023	Assessment of applications by delegated Council officers
17 March 2023	Report to Council’s Chief Executive Officer recommending successful applicants
24 March 2023	Determination of successful applicants
24 March 2023 – 30 September 2023	Successful applicants to sign funding agreements with Council and projects undertaken during this period.
30 November 2023	Deadline for project acquittal.

18. Grant guidelines (at Attachment 1) have been prepared which detail the grants scheme and its intended purpose, further detail as to each grant category, available funding, application steps, key dates and contacts.

19. The Grants Program will be advertised via social media, Council’s website and through targeted e-mailing (i.e. through the Parramatta Business Newsletter and the AT Parramatta Newsletter sent out by Council), and other targeted means, as appropriate. The program will also be presented to the Parramatta, Eastwood, Cumberland and Flemington Liquor Accords, who are envisioned to act as advocates and voices to ensure as many night time entertainment venues are aware of the Grants Scheme incentive.

20. A public information session to provide information about the grants program will be held during the application round to provide guidance and information to perspective applicants.

21. Upon the application round closing, applications will be assessed as per the Grants and Donations Policy. Members of the assessment panel will be drawn across the organisation as relevant to the subject matter, such as Council’s staff from City Events, Festivals and Activations, Cultural Strategy, Place Services and City Strategy.

22. A briefing note outlining the recommendations of the assessment panel for the Night Time Economy Diversification Grants will be provided to the Chief Executive Officer for endorsement.

LEGAL IMPLICATIONS FOR COUNCIL

23. Council Officers, including Legal Services, will develop the individual Funding Agreements for successful grant recipients, incorporating the specific conditions and approvals for each applicant.

FINANCIAL IMPLICATIONS FOR COUNCIL

24. The Night Time Economy Grants will be funded through the Economic Development Special Rate (EDSR) and City Strategy’s general budget. The initial financial investment for the Grants Scheme is $50,000 for the 2022/2023 financial year.

25. The EDSR is to be spent on projects within the EDSR collection area under the terms of the Rate. One of the Grant categories is for distribution to a business or operator outside of the EDSR collection area, therefore funding for this Grant will be taken from City Strategy’s general budget.

26. There will be minor financial implications for the purposes of advertising the Grants program on Council’s digital platforms and the creation of relevant collateral, to be funded from the EDSR budget.

CONCLUSION AND NEXT STEPS

Preparations for the launch of the Grant Round will commence immediately, in anticipation for opening of applications in January 2023.

Gavin Seow

Project Officer

Nicole Carnegie

Director City Strategy

Hannah Olsen

Strategy Manager

John Angilley

Chief Financial and Information Officer

Bryan Hynes

Acting Chief Executive Officer

Attachments:

1 ⇩

Night Time Economy Diversification Grants Guidelines 2022/23

12 Pages

REFERENCE MATERIAL

Council 28 November 2022 Item 13.5

REPORTS TO COUNCIL - FOR COUNCIL DECISION

ITEM NUMBER 13.5

SUBJECT Public Presentation of the 2021-2022 Annual Financial Statements

REFERENCE F2022/00105 - D08749651

REPORT OF Financial Accounting and Treasury Manager

reason in caretaker:

This matter may be considered during the Caretaker Period as it does not contravene the provisions of Clause 393B of the Local Government (General) Regulations 2021.

PURPOSE:

To present to the public the final 2021-2022 Annual Financial Statements, Auditor’s Reports and public submissions.

RECOMMENDATION

That the 2021-2022 Annual Financial Statements, Auditor’s Reports and any public submissions be received and presented to the public.

BACKGROUND

1. The Council is required to present the 2021-2022 Annual Financial Statements and Auditor’s Reports to the general public in accordance with the provisions of the Local Government Act 1993.

2. The Council, at its meeting held on 31 October 2022, received the Auditor’s Reports from the Audit Office of NSW and adopted the 2021-2022 Annual Financial Statements. The report to the Council Meeting is attached (Attachment 1).

3. As required under the Local Government Act 1993, the statements and reports have been submitted to the Office of Local Government.

4. The 2021-2022 Annual Financial Statements and Auditor’s Reports were placed on public exhibition at the Church Street Administrative Building and the City of Parramatta Central Library. Advertisement was placed on Council’s website advising that the reports would be presented to the public at the Council meeting on 28 November 2022 and inviting submissions on the reports to be received by 15 November 2022.

5. At the time of writing, no public submissions have been received. Any subsequent submissions received will be presented at the Council meeting on 28 November 2022.

6. A copy of the Auditor’s Reports is attached for information (Attachments 2,3 and 4).

7. The Council must ensure that copies of all submissions received by it are referred to the Auditor and may take such action as they consider appropriate with respect to any such submission, including the giving of notice to the Chief Executive of the Office of Local Government of any matter that appears to require amendment of Council’s Financial Statements.

ISSUES/OPTIONS/CONSEQUENCES

8. The presentation of the Council’s 2021-2022 Financial Statements and the Auditor’s Reports to the public at the Council meeting on 28 November 2022 will ensure that Council meets its statutory obligations in respect of financial reporting.

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
8 November 2022, open until 15 November 2022	Public	No comments received at the time of writing.	N/A	Chief Finance and Information Officer

Councillor Consultation

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

Date	Councillor	Councillor Comment	Council Officer Response	Responsibility
31 October 2022	Full Council meeting	Financial statements adopted by Council	N/A	Chief Finance and Information Officer

LEGAL IMPLICATIONS FOR COUNCIL

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

FINANCIAL IMPLICATIONS FOR COUNCIL

12. There are no unbudgeted financial implications associated with the presentation of the 2021-2022 Annual Financial Statements.

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

	FY 22/23	FY 23/24	FY 24/25	FY 25/26
Operating Result
External Costs
Internal Costs
Depreciation
Other
Total Operating Result	N/A	N/A	N/A	N/A

Funding Source

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

Funding Source

Aigul Utegenova

Financial Accounting and Treasury Manager

John Angilley

Chief Financial and Information Officer

Bryan Hynes

Acting Chief Executive Officer

Attachments:

1 ⇩	Report to Council on 31 October 2022 - Presentation of the audited 2021-2022 Annual Financial Statements	112 Pages
2 ⇩	Auditor-General Independent Auditor's Report - Report on General Purpose Financial Statements - City of Parramatta Council	3 Pages
3 ⇩	Auditor-General Independent Auditor's Report - Report on Special Purpose Financial Statements - City of Parramatta Council	3 Pages
4 ⇩	Auditor-General Independent Auditor's Report - Special Schedule - Permissible Income for general rates - City of Parramatta Council	3 Pages

REFERENCE MATERIAL

Council 28 November 2022 Item 13.7

REPORTS TO COUNCIL - FOR COUNCIL DECISION

ITEM NUMBER 13.7

SUBJECT Request to commence public exhibition of the draft Parramatta Development Control Plan (Harmonisation DCP)

REFERENCE F2022/00105 - D08751655

REPORT OF Team Leader Strategic Land Use Planning

CSP THEME: INNOVATIVE

workshop/briefing date: 28 September 2022; 5 October 2022; 19 October 2022; 21 November 2022

PURPOSE:

The purpose of this report is to seek Council endorsement for public exhibition of the draft City of Parramatta Development Control Plan (draft DCP) as part of the Land Use Harmonisation Framework. The draft DCP has been prepared to support the draft Parramatta LEP, which has been submitted to the Department of Planning and Environment and is awaiting finalisation.

RECOMMENDATION

(a) That Council approve the draft City of Parramatta Development Control Plan (draft DCP) at Attachment 1 for the purposes of public exhibition.

(b) That Council endorse administrative changes to the stand-alone DCPs for Wentworth Point and Homebush Bay West for the purposes of public exhibition. These changes involve:

· removing references to former council LEPs or DCPs that are to be repealed;

· removing references to former councils as the consent authority; and

· transferring certain current Auburn DCP controls (which would otherwise disappear when the Auburn DCP is repealed as part of this process) that relate to parking and loading, adaptable housing units and water management to ensure there is no change to the DCP controls that apply in these precincts..

(c) That Council notify all landowners within the City of Parramatta as part of the public exhibition of the draft DCP and the public authorities and stakeholders who made submissions during the public exhibition of the draft Harmonisation Local Environmental Plan or requested to be consulted during previous stages of the Harmonisation project.

(d) That the results of the public exhibition be reported to Council for its consideration.

(e) Further, that Council delegates authority to the Chief Executive Officer to make any changes of a minor, administrative and/or non-policy nature to the DCPs during the finalisation of exhibition documents.

BACKGROUND

Council Amalgamations

1. In May 2016, the new City of Parramatta (the City) was created from parts of the former council areas of Auburn, Holroyd, Hornsby, Parramatta and The Hills as a part of the council boundary changes.

2. As a result, different land use plans and controls apply to different parts of the City creating an inconsistent and complex policy framework where different planning controls apply in different parts of the City. Figure 1 shows the LEPs and DCPs applying to the new City.

Figure 1 - Map showing the LEPs and DCPs resulting from the council boundary changes in May 2016 that currently apply to the City of Parramatta

Land Use Planning Harmonisation Framework

3. The Land Use Planning Harmonisation Framework (see Figure 2) was established to consolidate the following inherited plans:

a. Five (5) Local Environmental Plans (LEP);

b. Nine (9) Development Contribution Plans; and

c. Five (5) Development Control Plans (DCP) (excluding the four stand-alone DCPs managed by the State Government as shown in Figure 1).

Figure 2 – Land Use Planning Harmonisation Framework

4. Council prepared the Land Use Planning Harmonisation Discussion Paper (Discussion Paper) as the first stage of the harmonisation review process. The Discussion Paper identified the differences between the existing LEPs and DCPs that currently apply in the City and suggested options for how local planning controls could be consolidated (or ‘harmonised’).

5. Council endorsed the Discussion Paper on 26 November 2018 and placed it on public exhibition from 21 January to 4 March 2019 for the community to comment on the proposed direction for the harmonisation process.

Draft Harmonisation Local Environmental Plan

6. Following feedback from the community, the Discussion Paper informed the policy direction for the draft Harmonisation LEP Planning Proposal. This consolidated the five LEPs applying to the City to produce one LEP for the City.

7. Following the receipt of a Gateway Determination in April 2020 (and subsequent public exhibition) the Harmonisation LEP was endorsed by Council in July 2021 and sent to the DPE for finalisation as shown in Figure 2.

8. Council staff have been working with DPE to finalise the legal drafting of the new consolidated LEP which is expected to come into force in the coming months. The draft Harmonisation DCP (the subject of this report) is critical in supporting the implementation of the new LEP.

Harmonisation Development Contribution Plan

9. The Parramatta (Outside CBD) Development Contributions Plan was finalised and adopted in September 2021 and consolidated the nine separate development contributions plans applying to the new City (excluding the Parramatta CBD and Sydney Olympic Park).

Harmonisation Development Control Plan

10. As shown in Figure 2 above, the Harmonisation DCP is the final component of the Land Use Planning Harmonisation Framework.

11. The draft DCP found in Attachment 1 is the subject of this report and has been prepared by City Planning and Design with input from specialist staff across multiple directorates at Council.

SCOPE & METHODOLOGY

Former Council DCPs

12. The overarching scope for the draft Harmonisation DCP (draft DCP) is largely administrative and aims to consolidate and rationalise existing policy from the five former Council DCPs to deliver one set of planning objectives and controls for the new City of Parramatta. The draft DCP seeks to consolidate the following former Council DCPs:

a) Parramatta DCP 2011,

b) Holroyd DCP 2013,

c) The Hills DCP 2012,

d) Hornsby DCP 2013 and

e) Auburn DCP 2010

13. Figure 1 above shows the five former Council DCPs listed above that currently apply to the City of Parramatta.

14. Like the Harmonisation LEP, the Discussion Paper informed the policy direction for the draft Harmonisation DCP. Attachment 2 builds on the Discussion Paper and provides a direct ‘line of sight’ between the Discussion Paper recommendation and the draft Harmonisation DCP controls and approach. Particularly Attachment 2 outlines the following per theme:

a. summary of key differences across the five DCPs,

b. Discussion Paper recommendation,

c. draft Harmonisation DCP approach.

15. Council staff have identified as part of the Harmonisation review process that due to key differences across the five DCPs; changes to policy at a state level; and industry benchmarks, some policy improvements and/or additions were needed to ensure the harmonised controls are robust, sophisticated, best practice, and fit for purpose for the City of Parramatta.

16. These policy improvements and/or additions are outlined below under ‘Policy Changes’.

17. In addition, a number of non-policy, administrative (or ‘housekeeping’) amendments were also made as part of the harmonisation process. These include (but not limited to):

a. updating references to legislation and SEPPs,

b. updating figures to improve legibility,

c. converting principles into either an objective or control,

d. amending the structure (as discussed below under ‘Draft DCP Structure’).

State Government ‘standalone’ DCPs

18. In addition to the five former Council DCPs, Figure 2 above shows the four standalone DCPs managed by the State Government that do not form part of the draft Harmonisation DCP:

a. Homebush Bay West DCP 2004 – Volume 1 & Volume 2

b. Homebush Bay West DCP (Amendment 1) 2013

c. Wentworth Point DCP (Amendment 1) 2014

d. Carter Street Development Framework 2020

19. These DCPs continue to remain as ‘stand-alone’ DCPs. They are part of State Government initiated policy frameworks and support State policy including State Environmental Planning Policy (Precincts – Central River City) which absorbed SREP 24 – Homebush Bay. The integration of these DCPs into the draft DCP is not appropriate as they are precinct specific detailed controls that are difficult to integrate into the DCP. In addition, the Homebush Bay/Wentworth Point DCP’s involve precincts where there is a limited number of remaining sites. Once these remaining sites are developed the DCP controls will have little on-going value and so there is minimal value in including/retaining them in the harmonised DCP in the longer term.

20. However, administrative ‘non-policy’ changes are proposed to the Homebush Bay West and Wentworth Point DCPs to be reflective of the council boundary changes. These administrative changes include:

a. replacing references to the former Auburn City Council (which is referenced as the consent authority) to the City of Parramatta;

b. replacing references to the Auburn LEP which will be superseded by the new Parramatta LEP;

c. transferring controls referenced within the Auburn DCP (which will be superseded by the implementation of the new Parramatta DCP) that relate to parking and loading, adaptable housing units and water management into Wentworth Point DCP to retain the existing policy framework for the precinct;

d. other changes as needed to retain existing policy.

POLICY CHANGES

21. As explained above under ‘Scope and Methodology’, the scope for the draft DCP (Attachment 1) is the consolidation of existing policy from the five former Council DCPs. However, there are some policy areas that extend beyond strict consolidation and propose new policy to ensure the harmonised controls are robust, best practice, and fit for purpose for the City of Parramatta.

22. These policy areas are outlined below, with Attachment 3 providing an explanation of the new policy and justification for its suitability as part of the Harmonisation DCP process.

Dual occupancy development

23. New building envelope, landscaping, and design controls to improve bulk and scale and development outcomes for dual occupancy development across the City. This followed a review of the current development outcomes and aim to address the key issues arising with dual occupancy development under the current controls.

24. A more detailed summary of dual occupancy provisions are contained in Attachment 3, and the controls in their entirety can be found in Part 3 Residential Controls – Section 3.3.2 in Attachment 1.

Manor Houses and Terraces

25. New controls have been prepared for Manor Houses and Terraces (which are permitted only in R3 and R4 areas) to support these land uses introduced under Part 3B Low Rise Housing Diversity Code in Codes SEPP. Due to the absence of controls for these typologies within the existing five DCPs, the Discussion Paper recommended development controls be prepared to support the design and planning for these uses.

26. A more detailed summary of the manor house and terrace controls are contained in Attachment 3, and the controls in their entirety can be found in Part 3 Residential Controls – Section 3.4.3 and Section 3.4.2 in Attachment 1.

Tree Preservation and Management

27. Following Council’s resolution of 26 April 2022 to review Council’s tree preservation and management controls as part of the preparation of the draft DCP, the controls have been updated to:

a. Strike a balance between allowing new development and preserving the well-established tree coverage to protect the amenity.

b. Better protect the trees that contribute the most tree canopy and amenity.

c. Offer additional protection to special areas without being onerous and impractical.

d. Ensure controls can be practically applied to manage compliance and expectations.

28. A more detailed summary of tree preservation and management controls are contained in Attachment 3, and the controls in their entirety can be found in Part 5 Environmental Management – Section 5.3.4 in Attachment 1.

Environmental Performance

29. As part of the harmonisation process, Council officers undertook a review of environmental performance provisions. As recommended by the Discussion Paper, the draft DCP proposes controls to reflect the building performance controls contained within the Parramatta City Centre DCP relating to energy and water efficiency. This is to ensure controls respond to industry benchmarks and legislative updates.

30. A more detailed summary of environmental performance controls are contained in Attachment 3, and the controls in their entirety can be found in Part 5 Environmental Management – Section 5.4 in Attachment 1.

Electric Vehicles

31. The transition to electric vehicles and the phasing out of fossil fuel use are key strategies to reduce emissions and move to a low carbon future. Draft EV controls have been prepared with consideration to the existing controls within the City Centre DCP and prepared in consultation with Council’s City Strategy team. Detail on the controls are contained in Attachment 3, and will help support the new City of Parramatta’s transition towards more sustainable travel.

32. A more detailed summary of Electric Vehicle controls are contained in Attachment 3, and the controls in their entirety can be found in Part 6 Traffic and Transport – Section 6.2.3 in Attachment 1.

DRAFT DCP STRUCTURE

33. Council staff reviewed the structure of the five DCPs applicable to the City of Parramatta as part of the harmonisation review process and identified a number of differences to the way policies and planning themes were grouped and ordered within the DCPs.

34. Unlike the Standard Instrument for LEPs released by the State Government, there is currently no standard template for DCPs across New South Wales. DPE exhibited a discussion paper on a standard DCP template in 2018/2019 however this did not progress. Whilst the standard template did not progress, Council staff considered the standard template as part of the harmonisation process and preparation of the draft DCP. Some elements, for example grouping controls by themes, were progressed into the draft DCP.

35. Figure 3 compares the current Parramatta DCP 2011 to the proposed draft Harmonisation DCP. The Parramatta DCP has been chosen because it is the DCP that applies to the greatest proportion of the current LGA. The draft Harmonisation DCP has taken a theme-based approach to improve functionality and group relevant policies together to assist in the navigation of controls and policies compared to the current Parramatta DCP 2011 where controls for the same theme are divided throughout the DCP.

Figure 3 – Comparison of Parramatta DCP 2011 and draft Harmonisation DCP

36. A theme-based approach will assist both the applicant in preparing and Council in assessing Development Applications.

37. Attachment 4 provides further detail on the content of each part of the DCP and the approach taken as part of the Harmonisation process.

ENGAGEMENT STRATEGY FOR PUBLIC EXHIBITION

38. The engagement strategy for the exhibition of the draft Parramatta DCP has been prepared consistent with Council’s current Community Engagement Strategy (December 2019) as well as the statutory requirements under the EP&A Act 1979 for DCPs. The engagement strategy will be delivered with assistance from Council’s City Engagement Team and involves the following elements:

a. 28 day exhibition period;

b. Frequently asked questions (FAQs);

c. Community Summary Sheet;

d. Public notices and social media;

e. Notification email to contacts on the Land Use Harmonisation Framework Contact List;

f. Webpage promotion on: the Land Use Harmonisation Framework webpages; and a new Participate Parramatta and temporary ‘On exhibition’ webpages will be created;

g. Online submission portal and formal submission process;

h. Letters to Public Authorities listed in recommendation; and

i. Opportunities for stakeholders to speak to a Council Officer via phone calls referred to as ‘Phone a Planner’ sessions

39. It is recommended that Council notify (via letter) all landowners within the City of Parramatta of the public exhibition of the draft DCP. This is to ensure all landowners have the opportunity to review the draft DCP and supporting exhibition material and provide feedback.

40. It is also recommended that the public authorities and stakeholders consulted during the public exhibition of the draft Harmonisation LEP also be consulted via letter or email of the public exhibition.

41. Any stakeholder who made a submission as part of the exhibition process for the Discussion Paper and Harmonisation LEP (which form part of the Land Use Harmonisation Framework) will also be notified of the public exhibition, as well as any stakeholder on the Land Use Harmonisation Framework Contact List. The stakeholders include residents and individuals, developers, landowners and community interest groups. This will provide submitters with an opportunity to be consulted with as part of this process.

CONSULTATION & TIMING

42. Council staff briefed Councillors on the general approach to the draft DCP and specific policy matters across four workshops as per the table below. The focus of the workshops were based on areas of the draft DCP that extended beyond strictly consolidating existing policy, and presented some policy change. The focus of the workshops align with the key policy changes outlined above in ‘Policy Changes’.

Date	Councillor	Councillor Comment	Council Officer Response	Responsibility
Councillor workshop: 28 September 2022 General introduction and Tree Preservation and Management	ALL except Cllr Esber, Cllr Garrard, Cllr Green	Raised questions and provided feedback in relation to tree canopy cover, existing controls in Hornsby DCP, tree removal controls, review of ‘Areas of Special Significance’ and review offsetting for tree removal.	Responses provided at Councillor Workshop held on 19 October 2022.	Group Manager Strategic Land Use Planning
Councillor workshop: 5 October 2022 Dual Occupancy Development Controls	Cllr Bradley, Cllr Davis, Cllr Green, Cllr Humphries, Cllr Pandey, Cllr Prociv, Cllr Valjak, Cllr Wang, Cllr Wearne	Information requested on Council’s enforcement powers in relation to complaints about dual occupancy development certified under the Complying Development Certificate process. Councillor Green requested a briefing on why Dual Occupancy is permitted in the South Parramatta HCA.	Matters relating to enforcement issues have been referred to Council’s Regulatory services team and to be dealt with separate from the DCP. An email to Councillor Green has also been sent to respond to the enquiry regarding dual occupancy development within the South Parramatta HCA.	Group Manager Strategic Land Use Planning
Councillor Workshop: 19 October 2022 Water Management and General overview of other policy changes relating to Environmental Performance, EV controls, and Manor Houses and Terraces	ALL except Cllr Prociv and Cllr Valjak	Raised questions and requested an update on the Environmental Zones and how they were dealt with in Harmonisation LEP.	Email response provided to Councillor.	Group Manager Strategic Land Use Planning

Timing

43. The draft DCP controls will be exhibited for a 28-day exhibition period in accordance with the above engagement approach with a report back to Council anticipated by mid-2023 on the outcome of the exhibition and whether any changes are required in response to feedback received.

44. Given the time taken to prepare for a consultation of this scale it will not be possible to commence exhibition prior to the Christmas/New Year exclusion period between 20 December and 10 January (inclusive) as stipulated by the current Community Engagement Strategy (December 2019). For this reason it is expected that the exhibition will commence in late January or early February 2023.

45. Should the draft LEP come into effect ahead of the adoption of the draft DCP, the existing DCPs will continue to apply until Council approve the draft DCP for finalisation.

SAVINGS AND TRANSITIONAL ARRANGEMENTS

46. It is recommended that Council adopt savings and transitional arrangements in relation to the current DCPs and the draft DCP once placed on exhibition.

47. It is recommended that the following arrangements be adopted for inclusion in the Introduction section of the new DCP:

If a development application has been lodged before the commencement of the draft DCP in relation to land to which the draft DCP applies, and the development application has not been finally determined before the commencement of the draft DCP, the development application must be determined as if the draft DCP had not commenced.

48. This is to assist with managing the development assessment process for development applications during the transition between the current five DCPs and the new consolidated draft DCP coming into effect.

CONSISTENCY WITH LOCAL STRATEGIC PLANNING STATEMENT

49. The City of Parramatta’s Local Strategic Planning Statement (LSPS) “City Plan 2036” came into effect on 31 March 2020. The LSPS sets out the 20-year land use planning vision for the City of Parramatta local government area (LGA) and responds to broader priorities identified in the Centr