Late Items Agenda of Council - Monday, 12 December 2022

MINUTES OF THE Meeting of City of Parramatta Council HELD IN THE council chamber at 5 PARRAMATTA square, parramatta ON Monday, 5 December 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 and Donna Wang.

1. OPENING MEETING

The Lord Mayor, Councillor Donna Davis, opened the meeting at 6:39pm.

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

4106

RESOLVED (Esber/Siviero)

That the Council accept the apologies of Councillor Wearne due to personal reasons be accepted and leave of absence granted.

6. CONFIRMATION OF MINUTES

SUBJECT: Minutes of the Council Meeting held on 28 November 2022

4107

RESOLVED (Noack/Bradley)

That the minutes of the Council meeting held on 28 November 2022 be received and noted, and that such minutes be taken as a true record of the proceedings of that meeting, subject to the following amendments to Item 11.1:

1) Note that Councillor Noack voted for the rescission; and

2) the Motion was moved by Councillor Esber and seconded by Councillor Humphries.

7. DISCLOSURES OF INTEREST

There were no Declarations of Interest made at this meeting.

8. Minutes of the Lord Mayor

8.1

SUBJECT Condolence Motion for Carlingford High School student Calvin Wijeweera

REFERENCE F2022/00105 - D08793154

REPORT OF Lord Mayor, Councillor Donna Davis

4108

RESOLVED (Davis/Esber)

(a) That Council extend its deepest sympathies to the family and friends of Calvin Wijeweera, a Carlingford High School student who was killed on Rembrandt Street Carlingford, on the morning of Thursday 1 December 2022;

(b) That Council thank the first responders for their efforts in tragic circumstances;

(c) That the Chamber hold a minute’s silence as a mark of mourning and respect for the young life lost in this tragic accident; and

(d) Further, that the Lord Mayor write a letter of condolence to Calvin Wijeweera’s family and to the Principal, students and staff of Carlingford High School.

Note: Council held a minutes’ silence

8.2

SUBJECT Live site activation across the City of Parramatta

REFERENCE F2022/00105 - D08793120

REPORT OF Lord Mayor, Councillor Donna Davis

4109

RESOLVED (Davis/Garrard)

(a) That Council congratulate the City of Parramatta’s City Engagement & Experience Team for the successful organisation of two World Cup live sites on Sunday 4 December 2022.

(b) That Council officers investigate and table a report in early 2023 on a framework for future planning for live activation sites across the City of Parramatta, to support major sporting and community events; and

(c) Further, that this report detail opportunities to leverage new infrastructure projects and resourcing needs associated with any proposed live site activities for Council’s consideration.

9. Public Forum

9.1

SUBJECT PUBLIC FORUM 1: for Item 13.2 Rose Street Precinct, Epping

REFERENCE F2022/00105 - D08790650

FROM Vinh Cuong Pham

Dear Lord and Councillors,

I'd like to discuss the impact of the land rezoning (known as the Rose Street Precinct, Epping).

The rezoning will impact heavily on our livehood and the value of our property (93 Essex Street Epping).

Thanks in advance for your consideration.

STAFF RESPONSE

No staff response provided.

9.2

SUBJECT PUBLIC FORUM 2: for Item 13.2 Rose Street Precinct, Epping

REFERENCE F2022/00105 - D08790660

FROM Ralph Allen

Thank you for your letter of 30 November advising of a one-day window to comment on this item, which is compliant with the ambition of the outlined consultation period.

Background

The background section of the document and the March 14 comments in Attachment 1 gloss over one of the main triggers for resident responses.

The re-zoning materials developed by Hornsby Council and circulated for exhibition proposed that the south side of Maida Road be developed for low rise townhouses etc and provided diagrams and other materials to this effect.

Hornsby Council did not include FSR controls in their work and as a result much larger buildings were eventually permissible and have mostly been built. The process failure meant there was no effective consultation and the Epping community, and especially within the precinct, was blindsided by the negative impacts of what are technically poor planning outcomes.

The recognition of and concern to ameliorate the planning authority’s failure is a thread in many of council’s earlier materials, for example the staff recommendation at Background point 6.

As there are still two business days before the evening of 5th December council officers should have time to fact check the Hornsby Council materials and confirm to councillors if they deem necessary. It is suggested that the report would be improved and more accurate if this aspect was included or council could confirm it was fully aware in the minutes.

It is also suggested that the documentation would be more professional from the council’s perspective if the petition sent to the three ward councillors, signed by nearly all residents of the precinct, formally presented to and noted by council at its meeting on 25 March 2019, was recorded in the background or the attachment. We thank Cr Davis for presenting.

Site Description

The site description language and diagrams do not include topography.

Given that interface issues are made worse by steep gradients to the north (and ameliorated to Brigg Road to the south), and the paper includes a crude 1 in 100 flood map, the absence of this information is a material shortcoming.

It should be a simple matter to prepare a sentence or two and drop in a diagram. Interesting resources such as Open Street Map are now readily available online which show how high the south side of Brigg Rd is and the relatively small catchment area up Chesterfield Rd that drains through the precinct.

Current Strategic Planning Framework

The report includes some comment on the Urban Activation Precinct process and surrounds.

It is suggested the councillors should be made aware in this section of the report of the current approach to planning for the properties on the other side of the paling fence – the south side of Maida Rd.

Recollection is that the buildings currently standing on the south side of Maida Rd would usually require R4 zoning as defined by council, but that the recommendation of new planning documents was to assign an R3 zoning with an 0.8 FSR to enable further development.

If this is still planned, users of the documents would falsely infer that there is a graduated development / build height regime from the Epping railway station to the precinct.

It could also mislead users concerning the diversity of housing types that exist in Epping, as one of the stated claims of the R3 classification was in fact to provide diversity in housing stock. R4 would therefore have been more truthful and better from any administrative perspective

Given the short time available to prepare a response I haven’t had time to research the current status of this work, no doubt a member of your team can quickly provide you with the necessary information.

The main point might be that council is in fact completely comfortable with and supportive of current built forms as between the precinct and Maida Rd, which is essentially the position of the report and its signatories? And fully supportive of development of the remaining site in Maida Rd? Notwithstanding what good planning practice might look like elsewhere?

Flood risk

Interesting to see this council’s flood mapping information, I think for the first time.

I note the affected blocks are fully shaded although many have a substantial fall front to back, so water clears rapidly and could not impact much of each site.

Many of the blocks on Forest Grove have or will have significant residential towers on them and I’m sure we all hope sufficient hydraulic work has been undertaken – that might be an issue for your point 25.

For the precinct the catchment area on the western side of the line that flows through is quite small – Victoria Street and Rawson Street would be close to the limits ?

It is suggested that including topographical information would significantly improve the usefulness of the diagram.

The idea that an externally commissioned report would have been / would be acceptable for council purposes I think is new information would have been a non-combative inclusion earlier in this council’s process

Conclusion

Thank you again for the opportunity to comment.

I would like to thank Cr Bradley and other voices on or within council that have been seeking to bring this matter to a conclusion, and Cr Davis who tabled our petition.

Good government and administrative action in the democratic tradition would generally encompass openness, transparency and completeness in communications and we wish councillors all the best as they chart the city’s future.

Kind regards

Ralph Allen

STAFF RESPONSE

No staff response provided.

9.3

SUBJECT PUBLIC FORUM 3: for Item 13.2 Rose Street Precinct, Epping

REFERENCE F2022/00105 - D08790640

FROM Camellia Pham – Written Submission

Dear Lord Mayor and Councillors

I am a resident of a HCA property in Epping.

I urge you to reject the proposed rezoning of the Rose Street precinct.

A significant portion of this precinct is heritage conservation listed. It would detract from the beauty of the area to allow it to be converted into apartment blocks. This area is primarily comprised of houses, and having apartment blocks here would be an eyesore and insult the efforts of those who had classed this area as HCA. There are other areas in Epping which would be a better fit for apartments.

Additionally, the current facilities such as playground equipment are already used heavily by children of residents; having a higher number of residents will lead to crowding and a poorer experience.

STAFF RESPONSE

No staff response provided.

Procedural Motion

4110

RESOLVED (Esber/Maclean)

That the meeting be adjourned for a short recess.

Note: The meeting was adjourned at 7:10pm for a short recess.

The meeting resumed at 7:17pm 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.

10. Petitions

There were no petitions tabled at this meeting.

11. Rescission Motions

Nil

12. Reports to Council - For Notation

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

4111

RESOLVED (Pandey/Darley)

That the report be received and noted.

In accordance with section 375A of the Local Government Act a Division of votes is recorded on this planning matter.

The report moved by Councillor Pandey and seconded by Councillor Darley 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 and Wang.

13. Reports to Council - For Council Decision

13.1

SUBJECT 2023 Annual Community Grants

REFERENCE F2022/00105 - D08730428

REPORT OF Community Capacity Building Manager

4112

RESOLVED (Pandey/Wang)

(a) That Council notes the applications received in the annual round of the 2023 Community Grants Program in Attachment 1.

(b) That Council notes the status of grants made in the quarterly Community Grants Program and Parramatta Representative Sports Grant in Attachment 2.

(c) That Council adopts the expenditure recommended by the Grants Committee for the 2023 Community Grants in Attachment 3.

(d) That Council endorses three Creative Skills Development Grant offers of $10,000 for the following applicants:

1. Miss Lucy Clements

2. Ms Thelma Thomas

3. Dr Stephen Sewell.

(e) That Council endorses a Creative Fellowship Grant offer of $20,000 for Ms Keg de Souza.

(f) That the $9,885.96 remaining in unallocated funds be re-allocated into the 2023/24 financial year, to support the development of a Youth Focused initiative, within the 2023/24 Community Grants Program, and that Councillors be consulted within 3 months’ time at a Councillor Workshop on the developments of the reallocation of unallocated funds.

(g) Further that, Council delegates authority to the Chief Executive Officer to disburse funds to the recipients in paragraphs (c) and (d) above.

Note: Page 25 of the Agenda reads the Sydney Improvised Music Associates is partially funded.

13.2

SUBJECT Rose Street Precinct, Epping

REFERENCE F2022/00105 - D08733270

REPORT OF Senior Project Officer Land Use; Team Leader Land Use Planning

4113

RESOLVED (Maclean/Esber)

(a) That Council does not proceed to prepare a drainage analysis to support consideration of amendments to the planning controls that apply to the Rose Street Precinct, Epping for the following reasons:

1. Amendments to the planning controls for the Rose Street Precinct would have no strategic merit as the area is not required to contribute to meeting Council’s adopted housing targets to 2036 and therefore the amendments sought would be inconsistent with Council’s Local Strategic Planning Statement and Local Housing Strategy.

2. Council’s Local Strategic Planning Statement seeks to retain the local character of existing low density residential areas that are not currently identified to help meet housing growth targets, which are to be protected from the encroachment of high-density development.

(b) Further, that Council writes to the landowners within the Rose Street Precinct, Epping and surrounding area advising them of Council’s decision.

In accordance with section 375A of the Local Government Act a Division of votes is recorded on this planning matter.

The report moved by Councillor Maclean and seconded by Councillor Esber 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 and Wang.

13.3

SUBJECT Draft Loan Borrowing Policy for Public Exhibition

REFERENCE F2022/00105 - D08734029

REPORT OF Policy Officer

4114

RESOLVED (Esber/Garrard)

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

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

13.4

SUBJECT Review of Library Opening Hours

REFERENCE F2022/00105 - D08765769

REPORT OF Library Services Manager

4115

RESOLVED (Esber/Bradley)

(a) That Council adopt revised Library Opening Hours across the City of Parramatta Library Network, as recommended below:

Library	Mon	Tues	Wed	Thurs	Fri	Sat	Sun	Hours
Carlingford	9.30-5	9.30-5	9.30-8	9.30-5	9.30-5	9.30-12		43	+5.0
Constitution Hill	9.30-5	9.30-5	9.30-5	9.30-8	9.30-5	9.30-5	-	48	+7.5
Dundas	9.30-5	9.30-8	9.30-5	9.30-5	9.30-5	9.30-12	-	43	+2.5
Epping	9.30-5	9.30-8	9.30-8	9.30-8	9.30-5	9.30-5	2-5	57	+7.5
Ermington	9.30-5	9.30-5	9.30-8	9.30-5	9.30-5	9.30-12	-	43	+5.5
Parramatta	9-8	9-8	9-8	9-8	9-5	9-5	9-5	68	+6.0
Wentworth Point	9.30-5	9.30-8	9.30-8	9.30-8	9.30-5	9.30-5	2-5	57	+13
Newington	-	-	-	-	-	-	-	0	-7.0
Total Hours all Libraries								359	+40

(b) That the Newington lending facility be replaced by longer opening times at the Wentworth Point Library, promotion of the Home Library Service to Newington residents and through the provision of a book vending kiosk at the Newington Community Centre

(c) Further, that the Library Service to report back to Council with a report on customer feedback on the revised opening hours in November 2023.

13.5

SUBJECT Exhibition Outcomes - Draft Planning Proposal, Draft Site-Specific DCP and Draft Planning Agreetment - Holdmark Sites (Melrose Park South)

REFERENCE F2022/00105 - D08781705

APPLICANT/S Holdmark Property Group

OWNERS Holdmark Property Group

REPORT OF Senior Project Officer

4116

RESOLVED (Noack/Humphries)

That Council defer the consideration of this matter to Ordinary Council Meeting on Monday 12 December 2022.

In accordance with section 375A of the Local Government Act a Division of votes is recorded on this planning matter.

The report moved by Councillor Noack and seconded by Councillor Humphries was CARRIED UNANIMOUSLY.

DIVISION A division was called, the result being:-

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

Note:

1. A question was taken on notice for this item.

2. Deputy Lord Mayor Cr Pandey assumed the role of Chair at 8:12pm.

3. Cr Humphries retired from the Chamber at 8:35pm and did not return.

4. Lord Mayor assumed the role of Chair at 8:40pm.

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

4117

RESOLVED (Esber/Pandey)

(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.

14. Notices of Motion

Nil

15. Questions with Notice

15.1

SUBJECT Questions Taken on Notice - 28 November 2022 Council Meeting

REFERENCE F2022/00105 - D08786996

REPORT OF Governance Manager

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.

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

Note: Cr Prociv retired from the Chamber at 8:49pm and returned at 8:50pm.

16. CLOSED SESSION

4118

RESOLVED (Esber/Noack)

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 Tender 23/2022 Installation of Traffic Control Signals and Associated Work – Hill Road at Bennelong Parkway, Wentworth Point. (D08692348) - This report is confidential in accordance with section 10A (2) (d) of the Local Government Act 1993 as the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

16.1

SUBJECT Tender 23/2022 Installation of Traffic Control Signals and Associated Work – Hill Road at Bennelong Parkway, Wentworth Point

REFERENCE ITT-23/2022-02 - D08692348

REPORT OF Manager Capital Projects

4119

RESOLVED (Noack/Bradley)

(a) That Council approve appointment of the preferred proponent for the installation of Traffic Control Signals and associated work at the intersection of Hill Road and Bennelong Parkway, Wentworth Point, for $2,904,977.30 (excl. GST).

(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.

Procedural Motion

4120

RESOLVED (Esber/Bradley)

That the meeting resume in Open Session.

Note: Question was taken on notice on the Labor Government’s decision on Stage 2 the Light Rail.

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 8:52pm.

THIS PAGE AND THE PRECEDING PAGES ARE THE MINUTES OF THE ORDINARY/EXTRAORDINARY COUNCIL MEETING HELD ON Monday, 5 December 2022 AND CONFIRMED ON Monday, 12 December 2022.

Chairperson

Council 12 December 2022 Item 13.13

REPORTS TO COUNCIL - FOR COUNCIL DECISION

ITEM NUMBER 13.13

SUBJECT DEFFERED ITEM: Exhibition Outcomes - Draft Planning Proposal, Draft Site-Specific DCP and Draft Planning Agreement - Holdmark Sites (Melrose Park South) (Deferred from 5 December 2022 Council Meeting)

REFERENCE F2022/00105 - D08793771

APPLICANT/S Holdmark Property Group

OWNERS Holdmark Property Group

REPORT OF Senior Project Officer

CSP THEME: INNOVATE

Development applications considered by Sydney central city planning panel Nil

PURPOSE

To advise Council on submissions received during the public exhibition of the Planning Proposal, draft Site-Specific Development Control Plan (DCP) and draft Planning Agreement relating to two (2) sites in the southern precinct of Melrose Park identified as the East Site (112 Wharf Road, 30 and 32 Waratah Street, Melrose Park) and West Site (82 Hughes Avenue, Ermington) and to respond to issues raised. The report recommends that the updated Planning Proposal, draft Site-Specific DCP and updated draft Planning Agreement be approved by Council.

RECOMMENDATION

(a) That Council receives and notes the submissions made during the exhibition of the Planning Proposal, draft Site-Specific Development Control Plan (DCP), and draft Planning Agreement and Council officer responses to the issues raised (refer to Attachment 1).

(b) That Council approve the updated Planning Proposal for finalisation (refer to Attachment 1) that seeks to amend Parramatta Local Environmental Plan 2011 as follows:

1) Rezone 112 Wharf Road, 32 Waratah Street, Melrose Park and 82 Hughes Avenue, Ermington from IN1 General Industrial to part R4 High Density Residential and part RE1 Public Recreation.

2) Rezone 30 Waratah Street, Melrose Park from IN1 General Industrial to RE1 Public Recreation.

3) Amend the maximum building height on the East Site and West Site from 12m to a combination of 25m (6 storeys), 34m (8 storeys), 68m (20 storeys, and 77m (22 storeys) on each site.

4) Amend the Floor Space Ratio on the East Site from 1:1 to 2.74:1 (net).

5) Amend the Floor Space Ratio on the West Site from 1:1 to 2.46:1 (net).

6) Insert a site-specific provision in Part 6 Additional local provisions – generally of Parramatta Local Environmental Plan 2011 and amending the Additional Local Provisions map to include the East Site and West Site to ensure:

(a) That design excellence provisions be applicable to buildings with a height of 55m and above and appoint a Design Excellence Panel to provide design advice for all development applications within the subject sites. Floor Space Ratio and height of building bonuses are not to be awarded on any development lot.

(b) A minimum of 1,000m2 of non-residential floor space is to be provided across the East and West Sites to serve the local retail and commercial needs of the incoming population.

7) Amend the Land Reservation Acquisition map to reflect areas of open space to be dedicated to Council and insert provisions into the Parramatta Local Environmental Plan 2011 to ensure that the number of dwellings approved at the development application stage aligns with the required infrastructure identified by Council in the Transport Management and Accessibility Plan (TMAP).

8) Insert provisions into the Parramatta Local Environmental Plan 2011 requiring the Planning Secretary to be satisfied that all State public infrastructure needs (including transport and schools) are met before development can proceed.

9) Insert provisions into Parramatta Local Environmental Plan 2011 to ensure that the new planning controls do not take effect on the subject sites prior to the local infrastructure identified in the local Planning Agreement being secured by way of an executed Planning Agreement between Council and the Applicant.

10) Amend Schedule 1 Additional Permitted Uses of Parramatta Local Environmental Plan 2011 to permit ‘food and drink’ premises in the R4 High Density Residential zone as identified on the new Additional Permitted Uses map.

(d) That Council approve the Site-Specific DCP at Attachment 1.

(e) That Council approve the Planning Agreement at Attachment 2, and the Chief Executive Officer be authorised to sign the Planning Agreement on behalf of Council.

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

(g) Further, that Council note the advice of the Local Planning Panel dated 15 November 2022 which is consistent with the above Council officer recommendation.

SUMMARY

1. This report details the outcomes of the public exhibition of the Planning Proposal, draft Site-Specific DCP and draft Planning Agreement relating to two (2) sites within the southern precinct of Melrose Park (East Site and West Site).

2. The Planning Proposal seeks to amend the Parramatta Local Environmental Plan 2011 (PLEP 2011) to enable non-industrial development on the above-mentioned sites in the form of high density residential, public open space and small-scale retail/commercial uses. The Planning Proposal is generally in accordance with the Southern Structure Plan adopted by Council in December 2019. Should the Planning Proposal and draft DCP be approved, approximately 1,925 new dwellings could be delivered across the two subject sites.

3. The Planning Proposal, draft DCP and Planning Agreement were placed on public exhibition from 25 August 2022 to 21 September 2022. Eighty-five (85) submissions were received comprising seventy-nine (79) from the community, with the remaining 6 from public agencies and other organisations. Overall, 3% of submissions were in support and 77% objected with the remaining 20% neither objecting nor supporting the Planning Proposal. A summary of the key issues raised is provided later in this report, with further details and responses provided at Attachment 1 of this report.

4. The key issues raised in submissions relate to building heights, infrastructure provision, potential traffic impacts and character loss. Melrose Park is identified as a Local Centre within Council’s approved Local Strategic Planning Statement (LSPS) and is therefore suitable for high density residential development as an identified Growth Precinct. The proposed building heights are the result of detailed urban design testing and are compatible with the adopted building heights in the Melrose Park North precinct and will be consistent with the future character of the area established by the LSPS. In relation to concerns about increases in traffic, the proposed road upgrades and public transport improvements including a bridge connection over Parramatta River will ensure any impacts can be managed in accordance with the Melrose Park Transport Management and Accessibility Plan (TMAP) adopted by Council on 12 August 2019 that identifies the traffic and transport infrastructure required to support the development of the Melrose Park precinct. The infrastructure identified to be provided as part of the Planning Proposal is consistent with the identified needs of the precinct and is considered appropriate.

5. The matters raised in the submissions do not necessitate significant changes to the Planning Proposal or draft DCP that would warrant re-exhibition. Minor procedural changes are proposed to the Planning Proposal to reflect the post-exhibition Gateway conditions and these changes are detailed within Table 2 of Attachment 1. One change is proposed to the draft DCP comprising the replacement of the map (Figure 2 in the DCP) identifying the applicable gross floor areas (GFAs) on each development lot. This change provides clarification on the total GFAs permitted.

6. One minor procedural change is also proposed to the Planning Agreement within Schedule 2 definitions, changing the maintenance period from 6 months to 12 months. The amended Planning Agreement is provided at Attachment 2.

SITE DESCRIPTION

7. The southern precinct is bound by Hope Street to the north, Wharf Road to the east, Parramatta River to the south and Atkins Road to the west. It is located approximately 6km east of the Parramatta CBD and adjoins the Ryde Local Government Area (LGA) to the east. The proposed Parramatta Light Rail Stage 2 (PLR2) corridor runs through the precinct along Hope Street before turning south onto Waratah Street and over a bridge connecting to Wentworth Point. The bridge is not proposed as part of this Planning Proposal but instead will be delivered by the State Government as part of Parramatta Light Rail Stage 2 (PLR2).

8. The sites subject to this Planning Proposal are located on the eastern and western sides of the southern precinct and are largely developed and occupied by a variety of industrial premises. Surrounding land uses are primarily low density residential development to the east and west, Parramatta River to the south and industrial land between the sites. The East Site, which relates to 112 Wharf Road and 30 and 32 Waratah Street is approximately 42,692m2 (4.2ha) and is located to the south of Melrose Park Public School. The West Site is approximately 51,607m2 (5.1ha) and bound by Hughes Avenue to the east, Parramatta River to the south, Atkins Road to the west and 71 Atkins Road and 80 Hughes Avenue along the northern boundary. These sites are referred to as “East” and “West” respectively in this report (see Figure 1). These two sites comprise approximately 9.4ha of the 19ha southern precinct, which equates to approximately 49% of the land area within the Southern Precinct.

Map

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Figure 1. Sites subject to this Planning Proposal

BACKGROUND

9. The Planning Proposal was considered by Council at its meeting of 9 November 2020, when it was endorsed to proceed to the Department of Planning and Environment (DPE) for Gateway determination. A Gateway determination was issued by DPE on 17 August 2021 requiring the Planning Proposal to be submitted to DPE by 30 June 2022 for finalisation to occur by 31 August 2022.

10. A report on the draft Site-Specific DCP and draft Planning Agreement was considered by Council on 28 March 2022, when both documents were endorsed to proceed to public exhibition. After this time, Council officers undertook further discussions with the proponent regarding details of the clauses within the Planning Agreement, which took several months to resolve.

11. A Gateway Alteration was issued by DPE on 12 September 2022 granting an extension until 24 December 2022 for the Planning Proposal to be submitted to DPE for finalisation.

12. The draft Planning Proposal, draft Site-Specific DCP and draft Planning Agreement were publicly exhibited from 25 August to 21 September 2022.

Further details on the background of this project is provided in the LPP report at Attachment 1.

OVERVIEW OF THE PLANNING PROPOSAL

13. The Planning Proposal seeks to amend PLEP 2011 to enable redevelopment for high density residential, public open space and some small-scale retail/commercial uses on the two sites. Refer to Table 1 below for a summary of existing and proposed controls.

Table 1. Summary of current and proposed planning controls

	EAST SITE			WEST SITE
	112 Wharf Road	30 Waratah Street	32 Waratah Street	82 Hughes Avenue
Current Zone	IN1 General Industrial
Proposed Zone	Part R4 High Density Residential, part RE1 Public Recreation	RE1 Public Recreation	Part R4 High Density Residential, part RE1 Public Recreation	Part R4 High Density Residential, part RE1 Public Recreation
Current FSR	1:1			1:1
Proposed FSR (gross)	1.66:1			1.78:1
Proposed FSR (net)	2.74:1			2.46:1
Current height limit	12m			12m
Proposed Height	Ranging between 6 storeys (25m), 8 storeys (34m), 20 storeys (68m) and 22 storeys (77m)
Potential dwelling yield per site	835 dwellings			1,090 dwellings
Combined potential dwelling yield	1,925 dwellings
Non-residential floor space component	500m²			500m²

14. Building heights ranging between 6 storeys (25m), 8 storeys (34m), 20 storeys (68m) and 22 storeys (77m) are proposed on the East and West Sites, with net floor space ratios of 2.74:1 on the East Site and 2.46:1 on the West Site. Full details of the proposed amendments to PLEP 2011 are provided at Attachment 1.

PLANNING PROPOSAL CHANGES

15. No changes to the intended outcomes are proposed to the Planning Proposal as a result of the public exhibition. However, several minor procedural amendments have been made to reflect the conditions of the Gateway determination. Two mapping changes have been made to better identify the land subject to the proposed additional permitted use and additional local provisions. Full details are provided at Attachment 1.

DRAFT DEVELOPMENT CONTROL PLAN OVERVIEW AND CHANGES

16. The draft Site-Specific DCP provides specific development provisions for the Melrose Park South precinct and is required to be consistent with the new LEP controls that are set by the Planning Proposal. One change is proposed to the draft DCP relating to Figure 2, which identifies the gross floor areas (GFAs) proposed on the development lots. The legend of this map has been updated to provide clarification on the total GFA permitted on each development lot. Refer to Attachment 1 for further details.

DRAFT PLANNING AGREEMENT OVERVIEW AND CHANGES

17. The draft Planning Agreement relating to the provision of local infrastructure has a total value of $37,246,825 and proposes to deliver twenty-four (24) affordable rental housing units in perpetuity, dedication and embellishment of land for new public open space and delivery of cycleways and new roads. The value of the Planning Agreement at an estimated rate of $19,349 per dwelling is consistent with the value of the Planning Agreement Council approved in association with the rezoning of the Melrose Park North precinct.

18. No changes to the infrastructure items to be delivered by the Planning Agreement are proposed, however a minor amendment to the construction terms for works contained in Schedule 2 of the Planning agreement has been made to change the defects liability period from 6 months to 12 months. This has previously been agreed with the Applicant prior to the public exhibition period. This provision will provide greater security to Council when dedication of specific works occurs. Further details on the comments made relating to the draft Planning Agreement as a result of the public exhibition are provided at Attachment 1.

PUBLIC EXHIBITION

19. The Planning Proposal, draft Site-Specific DCP and Draft Planning Agreement and supporting documents were publicly exhibited from 25 August to 21 September 2022. Over 6,400 letters were sent to landowners within both the Parramatta and Ryde LGAs in addition to public agencies and other organisations. Additional notification methods were also utilised and are detailed in Attachment 1.

20. A total of eighty five (85) submissions were received (including two submissions from the same submitter counted as one) as part of the community consultation. Overall, 3% of submissions supported the Proposal in full and 77% objected to the Proposal in full. Other submissions either partially supported or objected or were uncertain. The key issues raised in submissions relate to building heights, infrastructure provision, potential traffic impacts and character loss. Details of matters raised in the submissions, including Council officer responses, are provided at Attachment 1.

21. The most common themes raised by community members/landowners were as follows:

a. Building height, scale, location, and local character/amenity (raised by 78%),

b. Traffic impacts, parking, and Transport Management and Accessibility Plan (TMAP) (raised by 70%),

c. Infrastructure provision (raised by 70%),

d. Environmental impacts (raised by 34%),

e. Heritage impacts (raised by 9%), and

f. Consultation process (raised by 9%).

22. A number of other concerns were raised in submissions in addition to those mentioned above. Detailed Council officer responses are provided within Attachment 1. While a number of issues have been raised in relation to the exhibited planning provisions, it is considered that these matters are addressed in the draft provisions or can be addressed as part of the detailed design at the development application stage. Therefore, no significant changes are proposed to the exhibited draft Planning Proposal. Minor procedural changes are proposed to reflect the post-exhibition Gateway conditions and these changes are detailed within Table 2 of Attachment 1. A minor amendment is also proposed to the GFA map in the DCP which has been made in response to a submission as detailed previously in this report.

PARRAMATTA LOCAL PLANNING PANEL

23. On 15 November 2022, Council officers reported the Planning Proposal to the Local Planning Panel for advice (Attachment 1). The Panel unanimously agreed with the Council officer recommendation that the Planning Proposal, draft Site-Specific DCP and draft Planning Agreement be approved by Council.

CONSULTATION & TIMING

24. In addition to the community and agency consultation noted above, the following stakeholder and Councillor consultation has been undertaken in relation to this matter.

Stakeholder Consultation

Date	Stakeholder	Stakeholder Comment	Council Officer Response	Responsibility
March 2021 to present	Holdmark	Various comments in relation to finalising the Planning Proposal, draft DCP and Planning Agreement for public exhibition.	Extensive consultation has been undertaken to date with the proponent to develop the draft planning provisions and Planning Agreement. This represented an agreed position for the purposes of public exhibition as endorsed by Council on 9 November 2020 and 28 March 2022 respectively.	City Planning and Design / Property and Place

Councillor Consultation

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

Date	Councillor	Councillor Comment	Council Officer Response	Responsibility
3 November 2020 & 23 March 2022 - briefing sessions	All	Various questions relating to density, open space and infrastructure provision, potential impact on the Ermington boat ramp and water management.	Responses provided to Councillors	City Planning and Design
30 November 2022	All	Not known at time of finalising this report	Not known at time of writing the report	City Planning and Design

LEGAL IMPLICATIONS FOR COUNCIL

26. The legal implications associated with this report relate to the Planning Agreement that is proposed to be entered into between Council and the developer, Holdmark. Council’s legal team were assisted by an external expert in the drafting and finalisation of the Planning Agreement.

27. The draft Planning Agreement has been extensively reviewed by Council’s external legal advisors and is considered appropriate for finalisation.

FINANCIAL IMPLICATIONS FOR COUNCIL

28. Work to progress the finalisation of the Planning Proposal will be conducted by Council Officers and therefore is within the existing City Planning budget. Should this matter progress, a Planning Agreement delivering open space, road infrastructure and improvements and affordable housing to the value of $37,246,825 will be entered into between Council and the applicant. Further, at development application stage, development contributions in keeping with the rates contained in the Parramatta Section 94A Development Contributions Plan (Amendment No. 5) 2017 will be applied to the development as endorsed by Council on 28 March 2022.

29. The table below summarises the financial impacts on the budget arising from approval of this report. As the timeframe for the delivery of each stage of the redevelopment is unknown, it is uncertain as to whether there will be any financial implications for Council within the next four (4) years. Therefore, financial implications are unlikely given the need for development application approvals to occur prior to any works commencing, which will include site remediation.

30. The Planning Agreement includes a minimum two-year maintenance period clause which means that Council will not be required to allocate funding for maintenance immediately. As a result, it is possible that Council will not need to fund the maintenance of infrastructure delivered as a result of the proposal within the next 5-year period. Therefore, associated maintenance costs and depreciation will need to be addressed in future budgets.

	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	Nil	Nil	Nil	Nil

CAPEX
CAPEX
External
Internal
Other
Total CAPEX	Nil	Nil	Nil	Nil

CONCLUSION AND NEXT STEPS

31. It is recommended that Council endorse the Planning Proposal, DCP and Planning Agreement for Melrose Park South, noting that the Planning Agreement must be in place before development applications can be lodged that seek to utilise the new planning controls on the sites.

32. Should Council endorse the Planning Proposal, it will be forwarded to DPE for finalisation. If Council adopts the site-specific DCP, it will be inserted into the Parramatta DCP 2011. Should Council endorse the Planning Agreement for the, it will progress through the necessary legal process and be registered on Title accordingly.

Amberley Moore

Senior Project Officer

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 ⇩	Local Planning Panel Report - 15 November 2022	479 Pages
2 ⇩	Update Holdmark Draft Planning Agreement	90 Pages

REFERENCE MATERIAL

Item 13.13 - Attachment 1

Local Planning Panel Report - 15 November 2022

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Council 12 December 2022 Item 14.1

NOTICE OF MOTION

ITEM NUMBER 14.1

SUBJECT Play Equipment (Staff response included)

REFERENCE F2022/00105 - D08788666

FROM Councillor Paul Noack

MOTION

(a) That Council notes that correspondence has been received from Wentworth Point Neighbourhood Association Inc, Wentworth Point Peninsular Town Team Inc. and Wentworth Point Public School Parents and Citizens Association dated 15 November 2022 providing concept designs for play equipment in the forecourt of the Wentworth Point Community Centre & Library. The designs by the award winning original landscape architects have been arranged by the coalition of local community groups, and funded by Marina Square Shopping Centre.

(b) That Council notes that the Wentworth Point Community Centre and library forecourt is the only suitable Council owned site for the provision of desperately needed play equipment. The 2021 Census showed that there were over 1,500 children under the age of nine in Wentworth Point. Children in Wentworth Point have a greater need than other communities because they all live in apartments and the public school has one of the lowest open space ratios in NSW. The forecourt and local carpark are the current informal play areas because there are no amenities for children to play in Wentworth Point.

(c) That Council notes that the provision of play equipment has been identified as a priority in the City of Parramatta (outside CBD) Developments Contribution Plan (Playspaces PS10 & PS11) and funded accordingly.

(d) Further, that Council be provided with a report in February 2023 to consider the design development of play equipment at Wentworth Point, and the report to include:

1. Analysis of the need for such a project in the proposed location;

2. Design cost and funding source(s);

3. Capital cost and funding source(s);

4. Ongoing maintenance costs and funding source(s);

5. Potential delivery program;

6. Any other opportunities and implications for such a project (e.g. its value given similar project in the Peninsula Park; any locational issues that need to be considered; is there anything else that should be added to the project etc);

7. Any opportunities and implications for other projects if this project progressed (e.g. impact of any diversion of funding source from a Council adopted project to fund this project etc).

Paul Noack

Councillor

BACKGROUND

1. No background provided.

EXECUTIVE DIRECTOR, CITY ASSETS & OPERATIONS RESPONSE

2. The forecourt land in front of the Wentworth Point Community Centre is owned by council however it is owned as a stratum of the building and therefore subject to the governance procedures of the body corporate. It will not be possible to assess this site as a suitable location for a children’s’ playground until the work specified in (d) 1. Is complete.

3. Council staff have reviewed the request to provide a detailed report by February 2023 for the design development of play equipment in the forecourt of the Wentworth Point Community Centre and Library and assessed that significant high level resources will be required to complete this task.

FINANCIAL AND RESOURCE IMPLICATIONS

4. To undertake a detailed review and analysis as requested will have significant financial and resource implications for the parks & open space planning team. It is estimated that this request will require a senior open space officer to be taken offline from current works for approximately 3 weeks. This will directly impact multiple current projects including:

a) Shannons Paddock Masterplan and district level playground,

b) Newington Reserve, sportsground upgrade,

c) James Ruse Reserve & Robin Thomas Reserve upgrade,

d) George Kendal Riverside Park, review of plans and response to DPE,

e) Sherwin Park Community Gardens,

f) Sportsground Capital Improvement Program*,

g) Playground Replacement Program*,

h) Parks Improvement Program*,

i) Subiaco Columns relocation to secure facility,

j) Initial works on West Invest approved projects,

k) Belmore Park detailed design of Masterplan implementation,

l) Carlingford Oval drainage improvements,

m) Burlington Memorial (park) – Sydney water restoration,

n) Milson Park – Sydney Water restoration,

o) Junction St Plaza- Central City Pathway Pilot project,

p) Pavilion Capital improvement program,

1. Peggy Womersley Reserve

2. Boronia Park

q) Other day to day business needs such as service requests, VPA assessment assistance, staff supervision, Ward briefings and other requests.

* Each Program consists of several individual projects

5. Alternatively, Council could engage a consultant to undertake the project, initial estimates are $20,000.00 which is unbudgeted.

6. Given the extensive and complex nature of this work involving numerous stakeholders, combined with staff and others taking leave over the Christmas Break, and that any improvements or embellishments as described will be subject to strata regulations applicable to the Wentworth Point community it is unlikely that this report could be completed in time for a February Council meeting.

7. Note: Council staff continue, to advocate for the prompt commencement and completion of work in the Peninsula Park, Wentworth Point (approximately 200m from the proposed location) This project includes at least 1 playground, however Council has not been provided with a timeline for the delivery of the park by the State Government. The final layout of the park will be influenced by the current High School proposal that is being assessed by the Department of Planning and Environment and the potential Planning Proposal.

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

Funding Source

CAPEX
CAPEX
External
Internal
Other
Total CAPEX

Funding Source

Paul Noack

Councillor

John Warburton

Executive Director, City Assets & Operations

Bryan Hynes

Acting Chief Executive Officer

Attachments:

1 ⇩	Letter from Wentworth Point Public School Parents & Citizens Association	1 Page
2 ⇩	Wentworth Point Play Area - Ideas & Precedents	9 Pages