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, 12 December 2022 at 6:30pm.
Bryan Hynes
ACTING CHIEF EXECUTIVE OFFICER
Council 12 December 2022
TABLE OF CONTENTS
ITEM SUBJECT PAGE NO
6 CONFIRMATION OF MINUTES
Council – 5 December 2022............................................................................................. 3
13 Reports to Council - For Council Decision
13.13 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)... 18
14 Notices of Motion
14.1 Play Equipment (Staff response included)....................................... 597
15 Questions with Notice
15.1 Model Social Media Policy.................................................................. 611
15.2 Questions Taken on Notice - 5 December 2022 Council Meeting 612
16 Confidential Matters
16.4 LATE REPORT: Maintenance, Management of Multi-level Carparks and Cash Collection Services - Tender Exemption
This report is confidential in accordance with section 10A (2) (c) (d) of the Local Government Act 1993 as the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business; AND the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.
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, 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
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That the Council accept the apologies of Councillor Wearne due to personal reasons be accepted and leave of absence granted. |
6. CONFIRMATION OF MINUTES
7. DISCLOSURES OF INTEREST
There were no Declarations of Interest made at this meeting.
8. Minutes of the Lord Mayor
9. Public Forum
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That the meeting be adjourned for a short recess.
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Note: The meeting was adjourned at 7:10pm for a short recess.
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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
13. Reports to Council - For Council Decision
13.1 |
SUBJECT 2023 Annual Community Grants
REFERENCE F2022/00105 - D08730428
REPORT OF Community Capacity Building Manager
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(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.
13.5 |
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
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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.
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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
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(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
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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.
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.
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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.
Note: Cr Prociv retired from the Chamber at 8:49pm and returned at 8:50pm.
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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 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
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(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. |
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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
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.
(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.
(c) That Council forward the Planning Proposal to the Department of Planning and Environment for finalisation.
(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.
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
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EAST SITE |
WEST SITE |
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112 Wharf Road |
30 Waratah Street |
32 Waratah Street |
82 Hughes Avenue |
Current Zone |
IN1 General Industrial |
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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 |
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Proposed FSR (gross) |
1.66:1 |
1.78:1 |
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Proposed FSR (net) |
2.74:1 |
2.46:1 |
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Current height limit |
12m |
12m |
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Proposed Height |
Ranging between 6 storeys (25m), 8 storeys (34m), 20 storeys (68m) and 22 storeys (77m) |
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Potential dwelling yield per site |
835 dwellings |
1,090 dwellings |
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Combined potential dwelling yield |
1,925 dwellings |
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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.
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.
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FY 22/23 |
FY 23/24 |
FY 24/25 |
FY 25/26 |
Revenue |
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Internal Revenue |
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External Revenue |
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Total Revenue |
Nil |
Nil |
Nil |
Nil |
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Funding Source |
N/A |
N/A |
N/A |
N/A |
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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 |
Nil |
Nil |
Nil |
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Funding Source |
Nil |
Nil |
Nil |
Nil |
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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 |
Nil |
Nil |
Nil |
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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
1⇩ |
Local Planning Panel Report - 15 November 2022 |
479 Pages |
|
2⇩ |
Update Holdmark Draft Planning Agreement |
90 Pages |
|
REFERENCE MATERIAL
Council 12 December 2022 Item 14.1
ITEM NUMBER 14.1
SUBJECT Play Equipment (Staff response included)
REFERENCE F2022/00105 - D08788666
FROM Councillor Paul Noack
(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.
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FY 23/24 |
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Paul Noack
Councillor
John Warburton
Executive Director, City Assets & Operations
Bryan Hynes
Acting Chief Executive Officer
1⇩ |
Letter from Wentworth Point Public School Parents & Citizens Association |
1 Page |
|
2⇩ |
Wentworth Point Play Area - Ideas & Precedents |
9 Pages |
|
ITEM NUMBER 15.1
SUBJECT Model Social Media Policy
REFERENCE F2022/00105 - D08783461
FROM Councillor Kellie Darley
Has any advice been received from the Office for Local Government regarding the validity of discussing the Model Social Media Policy in closed session? If so, what was that advice?
Kellie Darley
Councillor
CHIEF EXECUTIVE OFFICE STAFF RESPONSE
1. Advice has been received from the Office of Local Government (OLG) regarding consideration of the Item 14.1 - OLG Model Social Media Policy at the Council Meeting of 10 October 2022. A copy of all correspondence that has been exchanged in relation to this matter has been circulated to all Councillors under separate cover.
2. Although the meeting was not correctly closed to members of the public, the Chief Executive Officer is comfortable that the meeting moved into closed session for a number of reasons, including the attendance of Council’s external lawyer to provide advice to Councillors. It is noted that in accordance with clause 374 of the Local Government Act 1993, proceedings of a meeting of a Council are not invalidated because of a failure to comply with [the] Code [of Meeting Practice].
3. Staff support training being provided to Councillors in relation to Part 14 of the Code – Closure of Meetings to the Public. In this regard, Councillors are requested to contact Governance to arrange training on this aspect, or any other aspect of the Code of Meeting Practice.
Kellie Darley
Councillor
Patricia Krzeminski
Executive Manager
Bryan Hynes
Acting Chief Executive Officer
Council 12 December 2022 Item 15.2
ITEM NUMBER 15.2
SUBJECT Questions Taken on Notice - 5 December 2022 Council Meeting
REFERENCE F2022/00105 - D08795937
REPORT OF Governance Manager
QUESTIONS TAKEN ON NOTICE FROM THE COUNCIL MEETING OF 5 DECEMBER 2022
Subject |
Councillor |
Question |
|
13.5 |
Exhibition Outcomes – Draft Planning Proposal, Draft Site – Specific DCP and Draft Planning Agreement – Holdmark Sites (Melrose Park South) |
Siviero |
Do we have a breakdown of how many submissions we received on our side of Wharf Road versus our neighbouring Council, City of Ryde? |
|
Stage 2 of the Light Rail
|
Garrard |
What is the Labor Government’s position on Stage 2 of the Light Rail? |
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 13. 5 Exhibition Outcomes – Draft Planning Proposal, Draft Site – Specific DCP and Draft Planning Agreement – Holdmark Sites (Melrose Park South)
During discussion on Item 13.5 Draft Planning Proposal, Draft Site – Specific DCP and Draft Planning Agreement – Holdmark Sites (Melrose Park South), Councillor Siviero asked the following question:
Do we have a breakdown of how many submissions we received on our side of Wharf Road versus our neighbouring Council, City of Ryde?
Executive Director City Planning and Design:
26 of the 70 submissions that provided addresses were from addresses within the City of Ryde LGA, this includes the submission from the City of Ryde Council.
Stage 2 of the Light Rail
Council Garrard asked the following question:
Can staff find out what is the Labor Government’s position on Stage 2 of the Light Rail?
Executive Director City Planning and Design:
The understanding of Council staff is that the NSW Labor Party does not currently have a position on funding for PLR Stage 2.
Bryan Hynes
Acting Chief Executive Officer