NOTICE OF Council MEETING
PUBLIC SUPPLEMENTARY
AGENDA - A
An Ordinary Meeting of City of Parramatta Council will be held in PHIVE 2 Civic Place, Parramatta Council Chambers, 5 Parramatta Square, Parramatta on Monday, 5 December 2022 at 6:30pm.
Bryan Hynes
ACTING CHIEF EXECUTIVE OFFICER
Council 5 December 2022
TABLE OF CONTENTS
ITEM SUBJECT PAGE NO
1 CONFIRMATION OF MINUTES
Council – 28 November 2022.……………………………………………………………...3
12 Reports to Council - For Notation
12.1 DEFERRED ITEM: Variations to Standards under Clause 4.6 of Parramatta LEP 2011, Auburn LEP 2010, Holroyd LEP 2013, The Hills LEP 2012, Hornsby LEP 2013 (Deferred from the 14 November Council meeting) 38
13 Reports to Council - For Council Decision
13.6 DEFERRED ITEM: Night Time Economy Diversification Grants 2022/23 (Deferred from 28 November 2022 Council meeting)....................... 50
15 Questions with Notice
15.1 Questions Taken on Notice - 28 November 2022 Council Meeting 55
After the conclusion of the Council Meeting, and if time permits, Councillors will be provided an opportunity to ask questions of staff.
MINUTES OF THE Meeting of City of Parramatta Council HELD IN THE council chamber at 5 PARRAMATTA square, parramatta ON Monday, 28 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 6:34pm.
2. ACKNOWLEDGEMENT TO TRADITIONAL OWNERS OF LAND
The Lord Mayor, acknowledged the Burramattagal people of The Darug Nation as the traditional owners of this land, and paid respect to their ancient culture and to their elders past, present and emerging.
3. WEBCASTING ANNOUNCEMENT
The Lord Mayor, advised that this public meeting is being recorded and streamed live on the internet. The recording will also be archived and made available on Council’s website.
The Lord Mayor further advised that all care will be taken to maintain privacy, however as a visitor in the public gallery, the public should be aware that their presence may be recorded.
4. GENERAL RECORDING OF MEETING ANOUNCEMENT
As per Council’s Code of Meeting Practice, the recording of the Council Meeting by the public using any device, audio or video, is only permitted with Council permission. Recording a Council Meeting without permission may result in the individual being expelled from the Meeting.
5. APOLOGIES AND APPLICATIONS FOR LEAVE OF ABSENCE OR ATTENDANCE BY AUDIO-VISUAL LINK BY COUNCILLORS
Note: All Councillors were in attendance at this meeting.
6. CONFIRMATION OF MINUTES
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SUBJECT: Minutes of the Council Meeting held on 14 November 2022
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That the minutes be taken as read and be accepted as a true record of the Meeting. |
7. DISCLOSURES OF INTEREST
Councillor Green declared a pecuniary interest in Item 11.1 - Notice of Motion of Recission: Item 11.1 - Outcome of Public Exhibition and Impact of the Department of Planning decisions of Draft Parramatta City Centre DCP as being an owner of a property in the CBD 16 Macquarie St, Parramatta. He retired from the meeting prior to consideration of the matter.
8. Minutes of the Lord Mayor
8.3 |
SUBJECT International Day of People with Disability
REFERENCE F2022/00105 - D08783938
REPORT OF Lord Mayor, Councillor Donna Davis
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(a) That Council note the program of activities and communications celebrating International Day of People with Disability on 3 December; and
(b) Further, that Council donate $1000 to the Western Sydney Wanderers Foundation Christmas Appeal to support their All Abilities initiatives, encouraging participation and inclusion in football for people with physical or intellectual disability.
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Note: In August 2022, Council has adopted the Disability Inclusion Action Plan. |
9. Public Forum
9.2 |
SUBJECT PUBLIC FORUM 2: for Item 11.2 - Recission Motion - Notice of Motion of Rescission: 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)
REFERENCE F2022/00105 - D08778731
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FROM Cheryl Bates OAM - Chair, National Trust (NSW) Parramatta Regional Branch
Thank you, Lord Mayor, and Councillors for the opportunity to speak again. My name is Cheryl Bates and I represent over 1,000 members of the National Trust Parramatta Branch.
This is the sixth time we have spoken to oppose this proposal. The Branch continues to voice their opposition to the magnitude of rezonings leading to random planning decisions in Parramatta. We have followed the proposal and are extremely disappointed by Council’s nonadherence to their guiding principles for the treatment of heritage particularly in the CBD.
This contentious rezoning has never been supported by a genuine Councillor consensus in the past and we implore you not to approve this rezoning that will be viewed by future generations as an appalling planning decision. Your decision tonight will be on public record in perpetuity.
The developer has from the outset suggested a 45 and 42 storey tower, but a 211-metre building height will allow up to 70 storeys to be built on this site. The Branch has followed this rezoning since 2018 and has witnessed the developer’s unwillingness to negotiate any changes to “their vision” a vision that will destroy the setting of the nationally significant Cathedral, the Parish Hall, and the highly significant Centenary Square.
We put to you several points to support our opposition. Let us stress to you as individually elected Councillors, this is a planning decision not a political decision.
1. The developer championed the construction of two tower buildings to better present the Cathedral. We believe that greater respect would be shown to the Cathedral if its curtilage was not used as a parking lot by the developer.
2. Council has deemed, after a lengthy process of community consultation for the CBD Plan, that a maximum 36 metres height is appropriate.
3. The developer misrepresents the offer of 50% more accessible community space through a Voluntary Planning Agreement, and this square will discriminate against LGBTQ members of the community.
4. A speaker supporting the proposal at the planning panel stated that the high-rise tower will allow breastfeeding and nappy changing facilities to be built. Could this not be easily achieved through a low-rise building on this expansive site?
5. The proposed towers will introduce unacceptable impacts on the landmark qualities of the Cathedral and its setting.
6. The amenity of Centenary Square, a gathering place for over 230 years will be compromised by towers that are too high and overbearing.
In 2018 a Sydney Morning Herald headline described Parramatta as “Disneyland for Developers”. Sadly, we feel this headline has now come to fruition and the community are being taken on a rollercoaster ride of developer led planning decisions that will destroy our heritage city.
STAFF RESPONSE
No staff response was provided. |
10. Petitions
Note: As a matter of practice, the petition will be referred to the relevant Council officer/s, and a copy of the petition distributed to all Councillors, upon receipt of the petition from the Councillor.
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That Items 12.2, 13.3, 13.5, 13.6 be resolved enbloc. |
Note: Having previously declared a conflict of interest Item 11.1 - Notice of Motion of Recission: Item 11.1 - Outcome of Public Exhibition and Impact of the Department of Planning decisions of Draft Parramatta City Centre DCP as being an owner of a property in the CBD 16 Macquarie St, Parramatta, Councillor Green left the meeting at 7:37 prior to consideration of the matter.
11. Rescission Motions
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That the meeting be adjourned for a short recess.
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Note: The meeting was adjourned at 8:38pm for a short recess. |
The meeting resumed at 8:50pm with the following Councillors attendance: The Lord Mayor, Councillor Donna Davis and Councillors Phil Bradley, Kellie Darley, Pierre Esber, Michelle Garrard, Henry Green, Ange Humphries, Cameron Maclean, Paul Noack, Sameer Pandey (Deputy Lord Mayor), Dr Patricia Prociv, Dan Siviero, Georgina Valjak, and Donna Wang.
Note:
1. Councillor Maclean returned at 8:56pm.
2. Councillor Wearne returned at 5:53pm.
12. Reports to Council - For Notation
12.2 |
SUBJECT Investment Report for October 2022
REFERENCE F2022/00105 - D08753724
REPORT OF Tax and Treasury Accountant
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That Council receive and note the Investment Report for October 2022. |
13. Reports to Council - For Council Decision
13.1 |
SUBJECT Community Engagement Strategy
REFERENCE F2022/00105 - D08555698
REPORT OF Community Engagement Senior Advisor
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(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.
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Note: question was taken on notice for this item.
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
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(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.
(c) Further, that Council note the following advice of the Local Planning Panel dated 18 October 2022 wherein:
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.
In accordance with section 375A of the Local Government Act a Division of votes is recorded on this planning matter.
The planning proposal moved by Councillor Valjak and seconded by Councillor Humphries was CARRIED UNANIMOUSLY.
DIVISION A division was called, the result being:-
AYES: Councillors Bradley, Darley, Davis, Esber, Garrard, Green, Humphries, Maclean, Noack, Pandey, Prociv, Siviero, Valjak, Wang and Wearne
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Note: Staff to be put on notice that Council’s position about the building is to be retained and not demolished. |
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
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(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.
In accordance with section 375A of the Local Government Act a Division of votes is recorded on this planning matter.
The planning proposal moved by Councillor Esber and seconded by Councillor Garrard was CARRIED UNANIMOUSLY.
DIVISION A division was called, the result being:-
AYES: Councillors Bradley, Darley, Davis, Esber, Garrard, Green, Humphries, Maclean, Noack, Pandey, Prociv, Siviero, Valjak, Wang and Wearne
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13.4 |
SUBJECT Night Time Economy Diversification Grants 2022/23
REFERENCE F2022/00105 - D08743569
REPORT OF Project Officer
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That the report be deferred to the next Council Meeting on 5 December 2022. |
13.5 |
SUBJECT Public Presentation of the 2021-2022 Annual Financial Statements
REFERENCE F2022/00105 - D08749651
REPORT OF Financial Accounting and Treasury Manager
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That the 2021-2022 Annual Financial Statements, Auditor’s Reports and any public submissions be received and presented to the public. |
13.6 |
SUBJECT Quarterly Budget Review - September 2022
REFERENCE F2022/00105 - D08750106
REPORT OF Financial Planning and Analysis Manager
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(a) That Council adopt the September 2022 Quarterly Budget Review Statement (QBRS) and the Responsible Accounting Officer’s report on the financial position of the Council (Attachment 1).
(b) Further, that Council approve the revised budget for the 2022/23 financial year: i) Net operating result (including capital) of $73.6m ii) capital revenue of $76.2m iii) capital expenditure of $259.3m. |
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
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(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 length of the public exhibition be extended from the standard 28 days to 42 days.
(e) That the results of the public exhibition be reported to Council for its consideration.
(f) 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.
In accordance with section 375A of the Local Government Act a Division of votes is recorded on this planning matter.
The planning proposal moved by Councillor Garrard and seconded by Councillor Wearne was CARRIED UNANIMOUSLY.
DIVISION A division was called, the result being:-
AYES: Councillors Bradley, Darley, Davis, Esber, Garrard, Green, Humphries, Maclean, Noack, Pandey, Prociv, Siviero, Valjak, Wang and Wearne
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Note: Questions were taken on notice for this item. |
14. Notices of Motion
14.1 |
REFERENCE F2022/00105 - D08749097
FROM Councillor
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MOTION Darley
(a) That Council congratulates the five community organisations selected to participate in ParraMatch 2022, namely:
1. Symphony For Life Foundation – Parramatta Children’s Orchestra.
2. Support the Girls Australia – Support The Girls Morning Tea & Bra Gifting Event.
3. Dundas Area Neighbourhood Centre – The Heart of the Community.
4. DRG Stitches Collection – The Stitches Challenge Parramatta.
5. All Hands – Confidence, Comfort and Coping.
(b) That Council acknowledges the impact of the crowdfunding platform unexpectedly stopping mid-way through ParraMatch and that the five ParraMatch projects were not able to complete their fundraising campaign and meet their targets as a result, through no fault of their own.
(c) Further, that Council fulfils its original commitment to provide small financial assistance of $1,500 per project, consisting of the initial $1,000 that was to be provided to start their campaigns and $500 that was to be available to those organisations that received pledges from over 25 individual supporters, given ParraMatch had to be cancelled.
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AMENDMENT (Esber/Garrard)
(a) That Council congratulates the five community organisations selected to participate in ParraMatch 2022, namely:
1. Symphony For Life Foundation – Parramatta Children’s Orchestra.
2. Support the Girls Australia – Support The Girls Morning Tea & Bra Gifting Event.
3. Dundas Area Neighbourhood Centre – The Heart of the Community.
4. DRG Stitches Collection – The Stitches Challenge Parramatta.
5. All Hands – Confidence, Comfort and Coping.
(b) That Council acknowledges the impact of the crowdfunding platform unexpectedly stopping mid-way through ParraMatch and that the five ParraMatch projects were not able to complete their fundraising campaign and meet their targets as a result, through no fault of their own.
(c) That Council fulfils its original commitment to provide small financial assistance of $1,500 per project, consisting of the initial $1,000 that was to be provided to start their campaigns and $500 that was to be available to those organisations that received pledges from over 25 individual supporters, given ParraMatch had to be cancelled.
(d) And that where participants can demonstrate that they can use these funds in line with the objectives of the original ParraMatch Projects for which they were fundraising.
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(a) That Council congratulates the five community organisations selected to participate in ParraMatch 2022, namely:
1. Symphony For Life Foundation – Parramatta Children’s Orchestra.
2. Support the Girls Australia – Support The Girls Morning Tea & Bra Gifting Event.
3. Dundas Area Neighbourhood Centre – The Heart of the Community.
4. DRG Stitches Collection – The Stitches Challenge Parramatta.
5. All Hands – Confidence, Comfort and Coping.
(b) That Council acknowledges the impact of the crowdfunding platform unexpectedly stopping mid-way through ParraMatch and that the five ParraMatch projects were not able to complete their fundraising campaign and meet their targets as a result, through no fault of their own.
(c) That Council fulfils its original commitment to provide small financial assistance of $1,500 per project, consisting of the initial $1,000 that was to be provided to start their campaigns and $500 that was to be available to those organisations that received pledges from over 25 individual supporters, given ParraMatch had to be cancelled.
(d) And that where participants can demonstrate that they can use these funds in line with the objectives of the original ParraMatch Projects for which they were fundraising. |
15. Questions with Notice
15.1 |
SUBJECT Model Social Media Policy
REFERENCE F2022/00105 - D08770207
FROM Councillor Kellie Darley
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That the report be withdrawn and deferred to the Council Meeting on 12 December 2022.
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15.2 |
SUBJECT Questions Taken on Notice - 14 November 2022 Council Meeting
REFERENCE F2022/00105 - D08769696
REPORT OF Governance Manager
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Item 8.1 Parramatta Light Rail Stage 2 Environmental Impact Statement
During discussion on the Motion moved by The Lord Mayor Davis, Councillor Garrard asked the following question:
Can staff promote on Council’s social media platforms that the Environmental Impact Statement for Stage 2 of the Parramatta Light Rail is on public exhibition and feedback from the public is needed?
Acting Executive Director City Engagement and Experience Response
Communications around PLR Stage 2 EIS were generated week commencing 7 November, including:
1. CoP website pages and a slider on the homepage are active with material on relevant pages including the PRL Stage 1 and PLR Stage 2 page;
2. Participate Parramatta webpage is live;
3. Social media from both Participate Parramatta and CoP accounts are scheduled, with at two posts already published;
4. The opportunity to submit a response to the EIS Stage 2 is also being communicated in CoP e-newsletters including AT Parramatta, Business and Participate Parramatta, and;
5. The Lord Mayor’s Column will also highlight the opportunity for residents to have their say on PLR 2.
Council should also note that similar activity has been undertaken around the opportunity to provide feedback on the Parramatta and Sydney Olympic Park precincts for Sydney West Metro (opportunity closes 13 December).
Item 12. 1 – Variations to Standards under Clause 4.6 of Parramatta LEP 2011, Auburn LEP 2010, Holroyd LEP 2013, The Hills LEP 2012, Hornsby LEP 2013
During discussion on the Motion moved by Councillor Esber, he asked the following question:
On DA/317/2021, 63-67 Pine Street Rydalmere is the two meters variation (18.18%) for the whole site or for the two sides and lift shaft in the middle? Executive Director City Planning & Design Response
The height breach relates to the upper most part of the roof of the building and the lift shaft. The height breach allows for access to the common open space on the roof and articulation of the building for the upper level. No part of the height breach relates to habitable floor space. Previous approvals for a similar building on the site approved the height with the same variation.
Item 12. 1 – Variations to Standards under Clause 4.6 of Parramatta LEP 2011, Auburn LEP 2010, Holroyd LEP 2013, The Hills LEP 2012, Hornsby LEP 2013
During discussion on the Motion moved by Councillor Esber, he asked the following question:
On DA/317/2021, 63-67 Pine Street Rydalmere, how many apartments are in the building?
Executive Director City Planning & Design Response
The approved development contains 35 units; with 12 of the units being for affordable rental housing.
Item 12. 1 – Variations to Standards under Clause 4.6 of Parramatta LEP 2011, Auburn LEP 2010, Holroyd LEP 2013, The Hills LEP 2012, Hornsby LEP 2013
During discussion on the Motion moved by Councillor Esber, he asked the following question:
On DA/317/2021, 63-67 Pine Street Rydalmere, can staff provide a copy of the plans in A4 size on the next Agenda?
Executive Director City Planning & Design Response
Plans are attached, Attachment 1.
Item 14. 1 – Notice of Motion: Removal of overhanging vegetation on Bennelong Parkway
During discussion on the Motion moved by Councillor Prociv, Councillor Siviero asked the following question:
When is the next quarterly budget review as mentioned in paragraph 5 of the report?
Executive Director City Assets and Operations
The next quarterly budget review would be in early in 2023 post the completion of Q2. It should be noted that council’s response proposes that there are no budgetary implications for the NoM as the clearing of vegetation along this area reflects normal operations and will be delivered within existing operational budgets.
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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.
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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:- 1 Legal Status Report as at 31 October 2022. (D08715281) - This report is confidential in accordance with section 10A (2) (e) of the Local Government Act 1993 as the report contains information that would, if disclosed, prejudice the maintenance of law. 2 Land & Environment Court Sydney Metro vs City of Parramatta increase in legal and expert fees. (D08748119) - This report is confidential in accordance with section 10A (2) (g) of the Local Government Act 1993 as the report contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege. 3 ITT-21/2022 - Leisure Facility Management System (LFMS). (D08627555) - 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. 4 LATE REPORT: Land & Environment Court Sydney Metro vs City of Parramatta increase in legal and expert fees. (D08778178) - This report is confidential in accordance with section 10A (2) (g) of the Local Government Act 1993 as the report contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege. |
16.1 |
SUBJECT Legal Status Report as at 31 October 2022
REFERENCE F2022/00105 - D08715281
REPORT OF Group Manager Legal Services
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4101 |
That Council note the Legal Status Report as at 31 October 2022.
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Note: Staff is to change the terminology from ‘variance’ to ‘balance of the available spend’
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PROCEDURAL MOTION
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4102 |
That the Item 16.2A LATE REPORT: Land & Environment Court Sydney Metro vs City of Parramatta increase in legal and expert fees supersedes Item 16.2 Land & Environment Court Sydney Metro vs City of Parramatta increase in legal and expert fees. |
16.2A |
SUBJECT LATE REPORT: Land & Environment Court Sydney Metro vs City of Parramatta increase in legal and expert fees
REFERENCE F2022/00105 - D08778178
REPORT OF Acting Executive Director Property and Place
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(a) That Council approves an additional $1,361,000 be allocated from the Property Reserve for legal and expert fees to continue to run the Class 3 proceeding in the Land & Environment Court.
(b) That Council amends resolution 3659 item (c) from Council’s Meeting 7 February 2022 to remove the ambiguity of the original resolution and replace it with the following:
That Council delegates to the Chief Executive Officer to negotiate and agree, in consultation with the Lord Mayor, an amount of compensation for the Horwood Place acquisition equal to or greater than the Valuer-General’s determination of compensation, being $123,417,176.
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SUBJECT ITT-21/2022 - Leisure Facility Management System (LFMS)
REFERENCE F2022/00105 - D08627555
REPORT OF Community Infrastructure and Business Systems Manager
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(a) That Council approve the appointment of the recommended tenderer for the configuration, deployment and ongoing licencing and support of the LFMS for a period of up to 10 years (4+2+4, subject to Council’s sole discretion) for the costs as outlined in the Financial Implication section (paragraphs 21 to 24) 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 in connection with this matter |
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That the meeting resume in Open Session. |
17. REPORTS OF RESOLUTIONS PASSED IN CLOSED SESSION
The Chief Executive Officer read out the resolutions for Items 16.1, 16.2A to 16.3. The Lord Mayor also noted the resolution that 16.2A supersedes 16.1.
18. CONCLUSION OF MEETING
The meeting terminated at 9:48 pm.
THIS PAGE AND THE PRECEDING PAGES ARE THE MINUTES OF THE ORDINARY/EXTRAORDINARY COUNCIL MEETING HELD ON Monday, 28 November 2022 AND CONFIRMED ON Monday, 5 December 2022.
Chairperson
ITEM NUMBER 12.1
SUBJECT DEFERRED ITEM: Variations to Standards under Clause 4.6 of Parramatta LEP 2011, Auburn LEP 2010, Holroyd LEP 2013, The Hills LEP 2012, Hornsby LEP 2013 (Deferred from the 14 November Council meeting)
REFERENCE F2022/00105 - D08788623
REPORT OF Group Manager - Development and Traffic Services
CSP THEME: ACCESSIBLE
PURPOSE
To provide Council with information each quarter on development applications determined where there has been a variation in development standards under Clause 4.6 of the Local Environmental Plans. |
That the report be received and noted. |
BACKGROUND
1. During the reporting period 01 July 2022 to 30 September 2022 (Q1), there were (9) Development Applications where there was a variation to a development standard under Clause 4.6. Refer to Attachment 1 for further details.
2. Under Clause 4.6 of the relevant Local Environmental Plan (LEP) applying to the local government area of the City of Parramatta, development consent may be granted for development even though the development would contravene a development standard such as a height and/or floor space ratio standard contained within an LEP.
3. A report is presented to Council each quarter on any development consent issued where the development does not comply with a development standard. This report follows the reporting requirements prescribed in Planning Circular PS08-014 issued by the (then) NSW Department of Planning.
4. Controls within Development Control Plans (DCPs) are not development standards as a DCP is not an “environmental planning instrument”.
5. During the reporting period 01 July 2022 to 30 September 2022 (Q1), there were 262 approved Development Applications, 9 of which sought a variation to Clause 4.6.
ISSUES/OPTIONS/CONSEQUENCE
6. There are no issues, options or consequence for Council associated with this report.
CONSULTATION & TIMING
7. There are no consultation and timing considerations for Council associated with this report.
Stakeholder Consultation
8. The following stakeholder consultation has been undertaken in relation to this matter:
Date |
Stakeholder |
Stakeholder Comment |
Council Officer Response |
Responsibility |
N/A |
N/A |
N/A |
N/A |
N/A |
Councillor Consultation
9. 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
10. There are no legal implications for Council associated with this report.
FINANCIAL IMPLICATIONS FOR COUNCIL
11. There are no financial implications for Council associated with this report.
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FY 22/23 |
FY 23/24 |
FY 24/25 |
FY 25/26 |
Operating Result |
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External Costs |
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Internal Costs |
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Depreciation |
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Other |
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Total Operating Result |
Nil |
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Funding Source |
NA |
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CAPEX |
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CAPEX |
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External |
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Internal |
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Other |
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Total CAPEX |
Nil |
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Funding Source |
NA |
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Mark Leotta
Group Manager Development and Traffic Services
Jennifer Concato
Executive Director City Planning & Design
John Angilley
Chief Finance & Information Officer
Bryan Hynes
Acting Chief Executive Officer
1⇩
|
Development Application Variations under SEPP 1 - 01 July - 30 September 2022 |
9 Pages |
|
Item 12.1 - Attachment 1 |
Development Application Variations under SEPP 1 - 01 July - 30 September 2022 |
ITEM NUMBER 13.6
SUBJECT DEFERRED ITEM: Night Time Economy Diversification Grants 2022/23 (Deferred from 28 November 2022 Council meeting)
REFERENCE F2022/00105 - D08787529
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.
(a) That Council endorses 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
1⇩ |
Night Time Economy Diversification Grants Guidelines 2022/23 |
12 Pages |
|
REFERENCE MATERIAL
Council 5 December 2022 Item 15.1
ITEM NUMBER 15.1
SUBJECT Questions Taken on Notice - 28 November 2022 Council Meeting
REFERENCE F2022/00105 - D08786996
REPORT OF Governance Manager
QUESTIONS TAKEN ON NOTICE FROM THE COUNCIL MEETING OF 28 November 2022
Subject |
Councillor |
Question |
|
12.1 |
City of Parramatta Council Annual Report 2021/22 |
Bradley |
What components of the budget were cut in the environmental sustainable expenditure? Last year’s budget was $3 for every $100 and now it is being cut to $1 for every $100. |
City of Parramatta Council Annual Report 2021/22 |
Bradley |
What are the projections for the next five years to restore those cuts in environmental sustainability particularly as our Strategic Plan highlights the importance for green as one of our six major goals as provided by the community and when the community continue to provide green spaces as their number one issue? |
|
12.1 |
City of Parramatta Council Annual Report 2021/22 |
Prociv |
Councillors have previously looked at having culture as a stand-alone item and not to be put together with parks and recreation so Councillors could specify the amount that was actually spent on culture. Why have staff not actioned having culture separate from parks and recreation? |
BACKGROUND
1. Paragraph 9.23 of Council’s Code of Meeting Practice states:
“Where a councillor or council employee to whom a question is put is unable to respond to the question at the meeting at which it is put, they may take it on notice and report the response to the next meeting of the Council.”
STAFF RESPONSE
Item 12.1 City of Parramatta Council Annual Report 2021/22
During discussion on Item 12.1 City of Parramatta Council Annual Report 2021/22, Councillor Bradley asked the following question:
What components of the budget were cut in the environmental sustainable expenditure? Last year’s budget was $3 for every $100 and now it is being cut to $1 for every $100.
Acting Director City Strategy:
The financial snapshot provided in the ‘For every $100…’ section represents an indicative proportional allocation across Council’s total budget, but does not reflect ‘real’ increases or decreases in dollar terms across years.
The infographic is intended to provide a simple, community friendly breakdown of where our annual funding is allocated, however cannot be used as a comparison of real expenditure from year to year.
For instance, in years where Council has increased spending on major projects, property or infrastructure, the total proportion spent on other categories will appear smaller even if actual spending in these categories has remained stable.
In the case of “Environment & Sustainability”, this spend should be reviewed in conjunction with the “Waste Management” spend as there have been some reclassifications in some of the expense categories across years. However, the overall combined spend across these two categories continues to go up year-on-year, and is budgeted to increase significantly further in FY23.
|
Actual $ |
Budget $ |
|
Expense Category |
FY2021 |
FY2022 |
FY2023 |
C676 - Waste and Sustainability |
6,632,495 |
6,211,526 |
9,819,631 |
C641 - Cleansing |
7,799,066 |
7,333,387 |
8,642,104 |
C630 - Domestic Waste Management |
32,988,191 |
35,665,087 |
44,949,561 |
C646 - Commercial Waste Management |
532,055 |
489,169 |
608,849 |
Total Environment Sustainability & Waste Management |
47,951,807 |
49,699,169 |
64,020,145 |
|
Actual $ |
|
Share in $ 100 spend |
2021 |
2022 |
Environment Sustainability |
4 |
1 |
Waste Management |
10 |
9 |
Total share in $100 spend |
14 |
11 |
These figures demonstrate that real expenditure has remained stable with a slight increase between FY21 and FY22, though it represented a smaller proportion of Council’s overall spend in FY22. This is because significant spend on major works and ‘one off’ property projects including PHIVE, Parramatta Aquatic Centre, 9 Wentworth Street and others, skewed the overall proportional representation of all other categories in this year.
Item 12.1 City of Parramatta Council Annual Report 2021/22
During discussion on Item 12.1 City of Parramatta Council Annual Report 2021/22, Councillor Bradley asked the following question:
What are the projections for the next five years to restore those cuts in environmental sustainability particularly as our Strategic Plan highlights the importance for green as one of our six major goals as provided by the community and when the community continue to provide green spaces as their number one issue?
Acting Director City Strategy:
As outlined in the previous response, there have been no cuts to Environment & Sustainability spending and therefore there is no projection or plan of the nature described in this question.
Item 12.1 City of Parramatta Council Annual Report 2021/22
During discussion on Item 12.1 City of Parramatta Council Annual Report 2021/22, Councillor Bradley asked the following question:
Councillors have previously looked at having culture as a stand-alone item and not to be put together with parks and recreation so Councillors could specify the amount that was actually spent on culture. Why have staff not actioned having culture separate from parks and recreation?
Acting Director City Strategy:
Staff are not aware of a specific directive to separate Culture spend from Parks and Recreation in the ‘For every $100…’ infographic, but have now noted it to explore in future versions of this section.
While this infographic provides a very high level indicative view of Council’s total expenditure, there may be many other ways to ‘categorise’ Council’s spending. Staff highly encourage interested Councillors and community to explore Council’s more detailed budgets, quarterly budget reviews, and annual financial statements for more detailed breakdown of spending.
Gwendolyn Hughes
Governance Manager
Bryan Hynes
Acting Chief Executive Officer