MINUTES OF THE Meeting of City of Parramatta Council HELD IN THE council chamber at 5 PARRAMATTA square, parramatta ON Monday, 12 December 2022 AT 6:30pm
PRESENT
The Lord Mayor, Councillor Donna Davis and Councillors Phil Bradley, Kellie Darley, Pierre Esber, Michelle Garrard, Henry Green, Ange Humphries, Paul Noack, Sameer Pandey, Dr Patricia Prociv, Dan Siviero, Georgina Valjak, Donna Wang and Lorraine Wearne.
1. OPENING MEETING
The Lord Mayor, Councillor Donna Davis, opened the meeting at 6:34pm.
2. ACKNOWLEDGEMENT TO TRADITIONAL OWNERS OF LAND
The Lord Mayor, acknowledged the Burramattagal people of The Darug Nation as the traditional owners of this land, and paid respect to their ancient culture and to their elders past, present and emerging.
3. WEBCASTING ANNOUNCEMENT
The Lord Mayor, advised that this public meeting is being recorded and streamed live on the internet. The recording will also be archived and made available on Council’s website.
The Lord Mayor further advised that all care will be taken to maintain privacy, however as a visitor in the public gallery, the public should be aware that their presence may be recorded.
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That the meeting be adjourned for a short recess.
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Note: The meeting was adjourned at 6:40pm for a short recess due to technical difficulties. |
The meeting resumed at 6:52pm with the following Councillors attendance: The Lord Mayor, Councillor Donna Davis and Councillors Phil Bradley, Kellie Darley, Pierre Esber, Michelle Garrard, Henry Green, Ange Humphries, Paul Noack, Sameer Pandey (Deputy Lord Mayor), Dr Patricia Prociv, Georgina Valjak, Donna Wang and Lorraine Wearne.
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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(a) That the request from Cr Siviero for partial attendance for the Ordinary Council Meeting dated 12 December 2022 be accepted and noted;
(b) That Council accept the apologies of Councillor Mclean due to personal reasons be accepted and leave of absence granted and;
(c) Further, that the request to attend the Ordinary Council Meeting dated 12 December 2022 via remote means submitted by Councillor Humphries due to personal reasons, be accepted. |
6. CONFIRMATION OF MINUTES
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SUBJECT: Minutes of the Council Meeting held on 5 December 2022
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That the minutes be taken as read and be accepted as a true record of the Meeting. |
7. DISCLOSURES OF INTEREST
Councillor Noack declared a less than significant non-pecuniary interest on Item 14.1 – Play Equipment as he agreed to Chair the inaugural meeting of the Wentworth Point Neighbourhood Association (Association) to kick-start the meeting process for the area. He was never elected as Chairperson or President of the Association and has resigned from the Association. The Notice of Motion does not benefit the Association so there is no conflict.
8. Minutes of the Lord Mayor
Note: Councillor Siviero joined the meeting at 7:05pm.
9. Public Forum
10. Petitions
11. Rescission Motions
Nil
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That Items 12.3, 12.4, 13.3, 13.4, 13.5, 13.6, 13.7, 13.11, 15.2, 16.1, 16.3 and 16.4 be resolved enbloc. |
12. Reports to Council - For Notation
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12.2 |
REFERENCE F2022/00105 - D08739186
REPORT OF Executive Director, People Culture & Workplace
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(a) That the report be received and noted. (b) Further, that a Councillor Workshop be conducted after the draft Traineeship Report is completed at the end of March or April 2023.
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Note: 1. Cr Humphries left the Chamber via audio-visual means at 7:43pm. 2. A question was taken on notice for this item.
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12.3 |
REFERENCE F2022/00105 - D08746827
REPORT OF Executive Director, People Culture & Workplace
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That the report be received and noted.
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SUBJECT Annual Code of Conduct Complaint Statistics Returned to the Office of Local Government
REFERENCE F2022/00105 - D08783961
REPORT OF Internal Ombudsman
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That Council notes the Statistical Report on Code of Conduct Complaints relating to Councillors and the Chief Executive Officer for the period 1 September 2021 to 31 August 2022.
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Note: This report was previously Item 16.2 on the agenda as a confidential item. The order of business was amended and this report is the new Item 12.4. |
13. Reports to Council - For Council Decision
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13.1 |
SUBJECT Minutes of the Parramatta Traffic Committee meeting held on 9 November 2022
REFERENCE F2021/00521 - D08386278
REPORT OF Traffic and Transport Manager
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(a) That Council note the minutes of the Parramatta Traffic Committee held on 9 November 2022, provided at Attachment 1.
(b) That Council approve the recommendations of the Parramatta Traffic Committee from the meeting held on 9 November 2022 provided at Attachment 1 and in this report, noting the following financial implications for each item.
I. item 2211 a1 Alfred Street from Eleanor Street, Rosehill to George Street, Parramatta – Proposed changes to Alfred Street Pedestrian and Cyclist Upgrade Stage 2
TfNSW has provided a letter of intent to Council stating that should suitable designs be prepared, consultation undertaken with the community and approved by TfNSW, the project would be eligible for construction funding through the NSW Government's Active Transport Program in 22/23 financial year. The minor changes as a result of this report can be accommodated within the existing Alfred Street Stage 2 budget. Accordingly, this proposal has no direct financial impact upon Council’s budget.
II. item 2211 A2 Kirby Street at Victoria Road, Rydalmere – Installation of an ‘All Traffic Left Only’ restriction
The estimated cost of the proposed ‘All Traffic Left Only’ restriction is $2,500 (Incl. GST). This project is 100% funded by Transport for NSW Block Grant Funds for installation and maintenance of traffic signs and line markings in FY2022/23.
III. ITEM 2211 A3 BUNGAREE ROAD, BURRABOGEE ROAD AND BINALONG ROAD – PROPOSED RAISED PEDESTRIAN CROSSINGS FOR PENDLE HILL HIGH SCHOOL
The proposed raised pedestrian crossings are to be constructed by School Infrastructure NSW as part of the redevelopment of Pendle Hill High School at no cost to Council. Therefore, this proposal has no direct financial impact on Council’s budget.
V. ITEM 2211 A5 Caroline Chisholm Drive and Hillcrest Avenue, Winston Hills – Installation of speed cushions
The cost estimate for the proposed speed cushions on all approaches to the roundabout at the intersection of Caroline Chisholm Drive and Hillcrest Avenue is $16,000. This project is 100% funded by the 2022/23 Australian Government Black Spot Program. Accordingly, there will not be any direct impact on Council’s budgets.
VI. ITEM 2211 A6 ADA STREET, HARRIS PARK – PROPOSED ROAD CLOSURE FOR CHRISTMAS IN LITTLE INDIA
Business item. The information regarding the proposed special event be received and noted. This item has no direct financial impact on Council’s budget.
(c) Further, that progress and the making of a funding application for Item IV 22/1 Dunlop Street Cycleway, Epping, be deferred for a briefing with Epping Ward Councillors.
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Note: Councillor Humphries returned online. |
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13.12 |
SUBJECT Planning Agreement relating to the Telopea Estate State Significant Development Application
REFERENCE F2022/00105 - D08785531
REPORT OF Team Leader Land Use Planning; Senior Development Manager
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(a) That Council supports the revised letter of offer (Attachment 2) dated 27 September 2022 from Frasers Property Australia, with the exception to the following matters:
i. A capped value for costs of works for all items.
ii. The inclusion of Items 8, 12 and 13 in Table 1 of this report in their current form.
(b) That Council approves the following terms to be included in any draft Planning Agreement: i. For all items, with the exception of the library and community centre, are delivered as works in kind, in line with development and with no financial value cap assigned;
ii. That subject to an agreed scope and cost estimate, Frasers deliver a warm shell new library and community centre of a minimum of 4,150sqm and associated car parking;
iii. That subject to an agreed scope and cost estimate, Frasers provide a monetary payment to Council upon issue of a consent of the first development application within the concept area, towards the full fit out of the library and community centre and associated parking;
iv. The existing Dundas Library and other community facilities at 21 Sturt Street will remain open until a new library and community facility is fully operational;
v. The sale of 21 Sturt Street, in accordance with section 30 of Land Acquisition (Just Terms Compensation) Act 1991, is conditioned on the dedication of new stratum to Council and the delivery of a warm shell library and community centre and associated car parking and the payment of funds (upfront) for future fit out of facility;
vi. Removal of items ‘12’ and ’13’ Elyse Street link in Table 1 unless there is significant redesign of these items;
vii. Removal of item ‘8’ New Marshall Road in Table 1, unless evidence is submitted that indicates that it provides wider community benefits and does not solely service the development itself;
viii. That traffic items 7, 9 and 10 in Table 1 that require Transport for NSW approvals as part of the SSD Application process, if not obtained, then Council shall receive an agreed equivalent in monetary contribution; and
ix. The value of the Planning Agreement, excluding the land transactions, be equal to or more than the equivalent in development contributions payable.
x. A monetary contribution of $750,000 to be paid to Council by Frasers for the upgrade of the public domain of Adderton Road shops. In the event of current or future development consents being activated on the site, Council may redirect the contribution to other public domain works in Telopea.
(c) That Council notes the importance of a timely resolution of the matter and is committed to working with Frasers and LAHC to endorse a draft Planning Agreement prior to any consent being issued by the Minister for Planning on the State Significant Development Application.
(d) That any monetary contributions received by Council for the fit out of the new library and community centre in Telopea be invested in line with Council’s Financial Investment Policy and allocated for the sole purpose of the fit out of the new library and community centre in Telopea.
(e) That Council provide delegated authority to the CEO to:
i. negotiate based on the terms outlined in part (a) and (b) of this resolution;
ii. endorse the legal drafting of a draft Planning Agreement if favourable terms are met;
iii. to request payment of costs incurred by Council in the negotiations of the past and current Letter of Offers;
iv. to publicly exhibit the draft Planning Agreement for a minimum period of 28 days; and
v. to report back to Council on the outcomes of the public exhibition.
(f) Further that, in the event that a draft Planning Agreement is not agreed between the parties, that Council request the NSW Department of Planning and Environment and the Minister for Planning and Homes, the following: i. Development contributions apply to any Stage 1A consent issued in accordance with the Parramatta s94 Development Contributions Plan Amendment 5 (2017);
ii. Development contributions apply to any future Concept Area development applications in accordance with the Parramatta (Outside CBD) Contributions Plan 2021 (or future plans that may apply);
iii. That no offsets from payment of Development Contributions are granted for any publicly dedicated item to Council;
iv. Council must agree to taking any item intended to be dedicated;
v. That Council’s land at 21 Sturt Street be removed from the SSD Application; and
vi. If, in the event, 21 Sturt Street is included for the purposes of residential development and roadway as part of the SSD application, Council will seek formal commencement of the compulsory acquisition process.
In accordance with section 375A of the Local Government Act a Division of votes is recorded in this planning matter.
The report moved by Councillor Garrard and seconded by Council Esber was CARRIED UNANIMOUSLY.
DIVISION A division was called, the result being:-
AYES: Councillors Bradley, Darley, Davis, Esber, Garrard, Green, Humphries, Noack, Pandey, Prociv, Siviero, Valjak, Wang and Wearne.
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Note: A question was taken on notice for this Item. |
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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
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(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) That Council note the advice of the Local Planning Panel dated 15 November 2022 which is consistent with the above Council officer recommendation.
(h) That the applicant be encouraged to provide 5 -10% affordable housing, consistent with Council policy, at the development application stage.
(i) Further, that Council encourage the Government of the day to fully fund the Parramatta Light Rail Stage 2 Project.
In accordance with section 375A of the Local Government Act a Division of votes is recorded in this planning matter.
The report moved by Councillor Garrard and seconded by Councillor Valjak was CARRIED.
DIVISION A division was called, the result being:-
AYES: Councillors Esber, Garrard, Green, Humphries, Noack, Pandey, Siviero, Valjak, Wang and Wearne.
NOES: Councillors Bradley, Darley, Davis and Prociv.
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Note: A question was taken on notice for this Item. |
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That the meeting be adjourned for a short recess.
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Note: The meeting was adjourned at 8:42pm for a short recess. |
14. Notices of Motion
15. Questions with Notice
Note: Prior to moving into Closed Session, the Lord Mayor invited members of the public gallery to make representations as to why any item had been included in Closed Session. No member of the gallery wished to make representations.
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That members of the press and public be excluded from the meeting of the Closed Session and access to the correspondence and reports relating to the items considered during the course of the Closed Session be withheld. This action is taken in accordance with Section 10A(s) of the Local Government Act, 1993 as the items listed come within the following provisions:- 1 Business Case - Riverside Theatres Redevelopment. (D08694567) - 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. 2 RFP 30/2019 - Smart Parking. (D08771272) - 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. 3 LATE REPORT: Maintenance, Management of Multi-level Carparks and Cash Collection Services - Tender Exemption. (D08794997) - 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. |
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That Items 16.1, 16.3 and 16.4 be resolved enbloc. |
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That Council resume into Open Session.
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17. REPORTS OF RESOLUTIONS PASSED IN CLOSED SESSION
The Chief Executive Officer read out the resolutions for Items 16.1, 16.3 and 16.4.
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That Item 12.4 - Annual Code of Conduct Complaint Statistics Returned to the Office of Local Government report be recommitted to the Chamber for discussion. |
18. CONCLUSION OF MEETING
The meeting terminated at 9:25pm.
THIS PAGE AND THE PRECEDING 22 PAGES ARE THE MINUTES OF THE ORDINARY/EXTRAORDINARY COUNCIL MEETING HELD ON Monday, 12 December 2022 AND CONFIRMED ON Sunday, 25 December 2022.
Chairperson