Agenda of Council - Monday, 27 February 2023

MINUTES OF THE Meeting of City of Parramatta Council HELD IN THE council chamber at 5 PARRAMATTA square, parramatta ON Monday, 13 February 2023 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, 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 6:34PM.

2. ACKNOWLEDGEMENT TO TRADITIONAL OWNERS OF LAND

The Lord Mayor, acknowledged the Burramattagal people of The Darug Nation as the traditional owners of this land, and paid respect to their ancient culture and to their elders past, present and emerging.

3. WEBCASTING ANNOUNCEMENT

The Lord Mayor, advised that this public meeting is being recorded and streamed live on the internet. The recording will also be archived and made available on Council’s website.

The Lord Mayor further advised that all care will be taken to maintain privacy, however as a visitor in the public gallery, the public should be aware that their presence may be recorded.

4. GENERAL RECORDING OF MEETING ANOUNCEMENT

As per Council’s Code of Meeting Practice, the recording of the Council Meeting by the public using any device, audio or video, is only permitted with Council permission. Recording a Council Meeting without permission may result in the individual being expelled from the Meeting.

5. APOLOGIES AND APPLICATIONS FOR LEAVE OF ABSENCE OR ATTENDANCE BY AUDIO-VISUAL LINK BY COUNCILLORS

Procedural Motion

4154

RESOLVED (Esber/Siviero)

(a) That the apology received from Councillor Garrard and Wearne due to personal reasons be accepted and leave of absence granted.

(b) Further, that the request to attend the Ordinary Council Meeting dated 13 February 2023 via remote means submitted by Councilllor Humphries due to personal reasons be accepted.

6. CONFIRMATION OF MINUTES

SUBJECT: Minutes of the Council Meeting held on 12 December 2022

4155

RESOLVED (Noack/Wang)

That the minutes be taken as read and be accepted as a true record of the Meeting.

7. DISCLOSURES OF INTEREST

There were no Disclosures of Interest made at this meeting.

8. Minutes of the Lord Mayor

8.1

SUBJECT Türkiye and Syria Earthquake Appeal

REFERENCE F2022/00105 - D08865093

REPORT OF Lord Mayor, Councillor Donna Davis

4156

RESOLVED (Davis/Pandey)

(a) That the City of Parramatta donate $10,000 AUD to assist the humanitarian efforts in Türkiye and Syria following the earthquakes on 6 February 2023, and that donations be made up of:

a. $5,000 to CARE Australia’s Emergency Appeal; and

b. $5,000 to Australian Red Cross – Türkiye-Syria Earthquake Appeal.

(b) That Council write to the Turkish Consulate General in Sydney and the Syrian Honorary Consulate in Sydney to pass on its condolences;

(c) That, Lord Mayor writer to the Greater Sydney Councils to also assist in the humanitarian efforts in Türkiye and Syria;

(d) That a condolence book be placed in the City of Parramatta libraries for the community to pay their respects; and

(e) Further, that Council observe a minute silence to pay our respects to all those impacted by this tragedy.

Note: Council held a minute’s silence.

8.2

SUBJECT Condolence Motion: Willem (Bill) Tibben

REFERENCE F2022/00105 - D08865212

REPORT OF Lord Mayor, Councillor Donna Davis

4157

RESOLVED (Davis/Bradley)

(a) That Council acknowledge the passing of Willem (Bill) Tibben, long-time local community volunteer, founding member of Granville Men’s Shed and 2008 Parramatta City Council Senior Citizen of the Year;

(b) That a letter of condolence be sent from the Lord Mayor to Bill’s family on behalf of the City of Parramatta; and

(c) Further, that the Chamber hold a minute’s silence as a gesture of respect on Mr Tibben’s passing and in recognition of his contributions to the Parramatta community.

Note: Council held a minute’s silence.

8.3

SUBJECT 2023 Australia Day Honours

REFERENCE F2022/00105 - D08865228

REPORT OF Lord Mayor, Councillor Donna Davis

4158

RESOLVED (Davis/Prociv)

(a) That Council congratulate the following recipients of the Order of Australia’s 2023 Australia Day Honours for their contributions to the Parramatta community, being:

a. Member (AM) in the General Division

i. Emeritus Professor Richard Lionel Howitt AM

ii. Professor Clara Kaye Chow AM

iii. The late Mr John Moxon AM

iv. Professor Anna Poidevin (De Fazio) AM

b. Medal (OAM) in the General Division

i. Dr Kristin Bindley OAM

ii. Brother Anthony Paul Boyd OAM

iii. Dr Roslyn Allayne Crampton OAM

iv. Ms Katherine Maka OAM

v. Dr Coralie Wales OAM

(b) That Council congratulate Amar Singh, founder of Turbans for Australia, who was recognised as Australia’s Local Hero in the 2023 Australian of the Year Awards; and

8.4

SUBJECT i4Give Day 2023

REFERENCE F2022/00105 - D08865268

REPORT OF Lord Mayor, Councillor Donna Davis

4159

RESOLVED (Davis/Wang)

That Council acknowledge the Abdallah and Sakr families, Council officers and all who played a part in the delivery of i4give Day in Prince Alfred Square, Parramatta, on Saturday 04 February 2023.

8.5

SUBJECT International Mother Language Day

REFERENCE F2022/00105 - D08865289

REPORT OF Lord Mayor, Councillor Donna Davis

4160

RESOLVED (Davis/Siviero)

That Council acknowledge International Mother Language Day on 21 February and recognises and celebrates the cultural and linguistic diversity which makes up our vibrant community.

9. Public Forum

Nil

10. Petitions

10.1

SUBJECT Mixed-Use Land on Burroway Road, Wentworth Point

FROM Paul Noack

We the undersigned call on Council to ensure the Mixed-Use Land on Burroway Road, Wentworth Point, currently owned by the NSW Government (Transport for NSW) be handed back to the local community and not be used for residential development, as;

1. We need to ensure the promised Peninsula Park is 3.9 hectares, and the planned school oval is not included in this;

2. Our community needs additional space for paying fields, sporting and recreation facilities, child care facilities, a dog park, children’s playground etc; and

3. Need to protect our precincts environment, in particular a coastal saltmarsh and grey mangrove ecology as well migratory birds that utilise the bird sanctuaries of Haslams Creek and Parramatta River.

We therefore call on the Council to not allow the new application by Landcom, as this will be detrimental to the future planning of the growing Wentworth Point community.

We also call on Council to Lobby both the NSW Government and opposition to demand this vital land be handed back to the community, consistent with the previous unanimous decision by Council on this matter.

Note: As a matter of practice, the petition will be referred to the relevant Council officer/s, and a copy of the petition distributed to all Councillors, upon receipt of the petition from the Councillor.

Procedural Motion

4161

RESOLVED (Esber/Prociv)

That items 12.1, 12.2, 12.3, 13.1, 13.2, 13.3, 13.5, and 13.6 be resolved enbloc.

11. Rescission Motions

Nil

12. Reports to Council - For Notation

12.1

SUBJECT Minutes of Audit Risk and Improvement Committee Meeting held on 12 August 2022 and 6 October 2022

REFERENCE F2022/00105 - D08776935

REPORT OF Coordinator Internal Audit

4162

RESOLVED (Esber/Prociv)

That Council notes the minutes of the Audit Risk and Improvement Committee meetings as provided at Attachment 1 and Attachment 2.

12.2

SUBJECT Investment Report for November 2022

REFERENCE F2022/00105 - D08794135

REPORT OF Tax and Treasury Accountant

4163

RESOLVED (Esber/Prociv)

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

12.3

SUBJECT Investment Report for December 2022

REFERENCE F2022/00105 - D08826028

REPORT OF Tax and Treasury Accountant

4164

RESOLVED (Esber/Prociv)

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

12.4

SUBJECT Parramatta Light Rail Stage 2 - Environmental Impact Statement (EIS) Submission by Council

REFERENCE F2022/00105 - D08831135

REPORT OF Project Officer

4165

RESOLVED (Noack/Siviero)

(a) That Council notes the submission (Attachment A) provided to the Department of Planning and Environment on the Parramatta Light Rail (PLR) Stage 2 Environmental Impact Statement (EIS), noting that the submission strongly supports the delivery of PLR Stage 2 (the Project) and includes the following key matters for consideration:

1) Council supports the alternate light rail alignment to the south of the Sekisui site, but only if the light rail stop adjacent the Ferry Wharf is retained, a spur line is constructed along Hill Road to near the Ferry Wharf, and a full width active transport link (ATL) is constructed by the Project enabling works between the bridge ATL and the Ferry Wharf.

2) The EIS should rule out bridge construction methods which do not meet the design principles. In accordance with the Secretary’s Environmental Assessment Requirements (SEARs) for PLR Stage 2 the bridge structures in the Project should be design-led, and not be left solely to the main infrastructure design and construct process.

3) Council recommends to TfNSW the provision of green track, permeable paving and wire-free running in green space and business areas as detailed in the submission.

4) The Project should place significant design-led emphasis on mitigating the impacts of site cut and fill, to ensure that the community retains convenient pedestrian crossing points over and across the light rail line, for example, in Boronia Street.

5) The EIS Chapter 22 waste management strategy has a target of 100% of clean/usable excavation spoil diverted from landfill, and maximising reuse of spoil on site. The EIS impact assessment of not managing spoil appropriately is wholly inadequate, in that it omits the impact on public pathways, roads, parks, and the like from the retention of an estimated 73,000 cubic metres of spoil. Direct construction evidence from Stage 1 of the PLR demonstrates the adverse and unsafe outcomes of this numeric approach.

6) The EIS planning approval must have a condition requiring Secretary approval of a TfNSW detailed cut and fill strategy which justifies on a positive public domain outcome basis, the amount and location of spoil to be retained along the alignment, not as a set percentage of retention on site. This work can be carried out by TfNSW and stakeholders as part of the urban design requirements report or incorporated into pre-main-tender processes to provide reasonable certainty for tenderers.

7) The EIS planning approval should incorporate, in accordance with the SEARs, a condition requiring that all spoil retention during the design and construct phase of the Project be based on a design led process with a positive public domain outcome basis.

8) TfNSW should create a community reference group which includes representation from residents and businesses in suburbs along the alignment, the purpose of that reference group being in part to advise TfNSW and contractors of construction impacts, and to respond to TfNSW with recommendations to any contractor request for night work and/or noise intensive work.

9) Council recommends that the protection of residential amenity during light rail operation be a strong focus of the EIS, employing world class practices to minimise ground-borne vibration, ground-borne noise and airborne noise from rail operation. This is particularly relevant where the track runs through existing green spaces.

10) TfNSW develop within PLR Stage 2 a suitable track insert to assist the Project to provide seamless, coherent, visible, and safe pedestrian and cycle access throughout and adjacent to the PLR corridor.

11) The Project not worsen existing flood impacts along the alignment, and stormwater upgrade works be the subject of close engagement between TfNSW and Council, to avoid duplication of work and unnecessary cost.

12) The loss of existing street parking during construction, and permanently, particularly in Wentworth Point, with little requirement for effective management of worker vehicles.

13) There is no clear strategy to manage residual land, particularly to offset impacts of loss of parking along the route.

14) The EIS canvasses sea level rise across the life of the Project. Wentworth Point is presently significantly impacted by stormwater events at relatively low rainfall levels. The Project should not construct elevated track embankments which may divert storm water or sea level rise into the residential area of the suburb.

15) Stage 2 of the PLR proposes to remove over double the number of trees than Stage 1. The EIS Addendum report should outline measures to preserve mature canopy, and provide full justification for tree removal in a tree register along with possible design mitigation measures.

16) We call on both Government and Opposition to bring forward the date of completion as 2031 is too late given the projected population increase in the new few years.

(b) Further, that TfNSW improve the process of assessment, design and community engagement in respect of Project impact on heritage items and heritage precincts, by completing and publishing heritage assessments before the relevant infrastructure contract is let, and enabling full community consultation on the impact and outcomes for the heritage item(s).

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

DIVISION A division was called, the result being:-

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

The planning proposal moved by Councillor Noack and seconded by Councillor Siviero was CARRIED UNANIMOUSLY.

12.5

SUBJECT Variations to Standards under Clause 4.6 of Parramatta LEP 2011, Auburn LEP 2010, Holroyd LEP 2-13, The Hills LEP 2012, Hornsby LEP 2013

REFERENCE F2022/03176 - D08853820

REPORT OF Group Manager - Development and Traffic Services

4166

RESOLVED (Bradley/Esber)

That the report be received and noted and the approval of DA/932/2021 with height variation 111.25% and floor space ratio variation 69% be referred to the Department of Planning & Environment for consideration in their current review of clause 4.6.

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

DIVISION A division was called, the result being:-

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

The planning proposal moved by Councillor Bradley and seconded by Councillor Esber was CARRIED UNANIMOUSLY.

13. Reports to Council - For Council Decision

13.1

SUBJECT Heritage Advisory Committee: Recommendations from meeting of 1 November 2022

REFERENCE F2022/00105 - D08657347

REPORT OF Project Officer Land Use

4167

RESOLVED (Esber/Prociv)

(a) That Council approve the Heritage Grant recommendations, as detailed in paragraph 5 of this report as follows:

1) Refuse a grant of $3,300 for 84 Harris Street, Harris Park

2) Make a grant of $2,607 for 105 Railway Parade, Wentworthville

3) Make a grant of $3,300 for 83 Eastwood Avenue, Eastwood

4) Make a grant of $1,850 for 35 Wigram Street, Harris Park

5) Make a grant of $60 for 12 Epping Avenue, Eastwood

6) Make a grant of $2,111 for 30 The Boulevard, Epping

7) Make a grant of $3,300 for 29 Lakeside Road, Eastwood

(b) Further, that outgoing members of the Committee, and in particular Associate Professor Carol Liston, be thanked for their contribution to the Committee and to the City of Parramatta.

13.2

SUBJECT Naming Proposal for the West Unnamed Bushland Reserve along Plympton Road in Beecroft

REFERENCE F2022/00105 - D08733343

REPORT OF Senior Project Officer Place Services

4168

RESOLVED (Esber/Prociv)

(a) That Council endorse the name of ‘Finch Reserve’ for the Western Parcel of Bushland Reserve (Lot 2 DP 215840, Lot 6 DP 207548, Lot 43, DP 31392, Lot 5 DP 234158, known informally as Plympton Road West Bushland Reserve) which runs between Orchard Road and Carlingford High School, Beecroft, as illustrated in the Site Map (see Attachment 1).

(b) Further, that the preferred name of ‘Finch Reserve’ for the Western Parcel of Bushland Reserve, be referred to the Geographical Names Board (GNB) of NSW for formal assignment and Gazettal under the Geographical Names Act 1996.

13.3

SUBJECT Council becoming a signatory to the NSW Smart Places Charter

REFERENCE F2022/00105 - D08753495

REPORT OF Senior Project Officer

4169

RESOLVED (Esber/Prociv)

That Council becomes a signatory to the NSW Smart Places Charter.

13.4

SUBJECT Sydney WorldPride 2023

REFERENCE F2022/00105 - D08833462

REPORT OF Group Manager Social and Community Services

[4170]

RESOLVED (Humphries/Prociv)

(a) That Council welcomes to the City of Parramatta all those who have travelled from around Australia and the world to be part of Sydney WorldPride 2023.

(b) That Council note the broad range of activities being held in the Parramatta LGA during Sydney WorldPride, as detailed in Attachment 1.

(c) That Council fly the Rainbow flag alongside the Australian National Flag at Council’s flagpole on the Parramatta River foreshore 16 February – 5 March 2023, in celebration of our local LGBTIQA+ community with a priority on the following dates:

a. 16-19 February 2023

b. 24-26 February 2023

c. 2-5 March 2023

(d) That Council acknowledges the Aboriginal Flag will continue to be flown at Ermington Library and Mays Hill Cemetery throughout Sydney WorldPride 2023.

(e) Further, that the flying of the Rainbow Flag at the River foreshore will be subject to consultation with First Nations community members via Council’s First Nations Advisory Committee Meeting, at its meeting on the 14th February 2023.

Note: Councillor Noack left the chamber during discussion of Item 13.4 at 7:39pm and returned at 7:42pm.

13.5

SUBJECT Change of Council Meeting Date from 27 November 2023 to 20 November 2023

REFERENCE F2022/00105 - D08809192

REPORT OF Council Secretariat & Registers Officer

4171

RESOLVED (Esber/Prociv)

That Council vacates the 27 November 2023 meeting date and adopts the following meeting date:

Date	Location
20 November 2023	PHIVE, 2 Civic Place, Parramatta NSW 2150

13.6

SUBJECT Post Exhibition: Adoption of Loan Borrowing Policy

REFERENCE F2022/00105 - D08783615

REPORT OF Policy Officer

4172

RESOLVED (Esber/Prociv)

(a) That Council notes that no submissions were received following public exhibition of the draft Loan Borrowing Policy.

(b) Further, that Council adopts the draft Loan Borrowing Policy as attached to this report.

13.7	SUBJECT Post Exhibition: Adoption of Removal of Printed Promotional Materials Policy REFERENCE F2022/00105 - D08783620 REPORT OF Policy Officer
	MOTION Maclean/Prociv (a) That Council notes the submission received following public exhibition of the draft Removal of Printed Promotional Materials Policy. (b) That Council amend clause 3.5.1 of the Policy to read ‘Subject to the conditions set out in this clause 3.5, A-Frames may be used as Printed Election Campaign Material or by current Councillors or Members of State of Federal Parliament for the purposes of carrying out their official duties (e.g. community consultation). No more tan two (2) A-Frames can be place on a footpath or nature strip so as not to obstruct pedestrians, and they cannot be more than ten (10) metres apart, without a candidate or their representative being within ten (10) metres of the A-Frames, to ensure pedestrian safety.’ (c) Further, that Council adopts the draft Removal of Printed Promotional Materials Policy attached to this report.
	AMENDMENT (Humphries/Valjak) That Council defer consideration of this matter for discussion at a Councillor Workshop and brought back to Council. DIVISION A division was called, the result being:- AYES: Councillors Green, Humphries, Noack, Pandey, Siviero, Valjak and Wang NOES: Councillors Bradley, Darley, Davis, Esber, Maclean and Prociv
4173	RESOLVED (Humphries/Valjak) That Council defer consideration of this matter for discussion at a Councillor Workshop and brought back to Council.

13.8

SUBJECT Administration of the City of Parramatta September 2024 Local Government Elections

REFERENCE F2022/00105 - D08853815

REPORT OF Governance Manager

4174

RESOLVED (Darley/Valjak)

(a) That Council resolves pursuant to:

(a) s.296(2) and (3) of the Local Government Act 1993 (NSW) (“the Act”) that an election arrangement be entered into by contract for the Electoral Commissioner to administer all elections of the Council.

(b) s.296(2) and (3) of the Act, as applied and modified by s. 18, that a council poll arrangement be entered into by contract for the Electoral Commissioner to administer all council polls of the Council.

(c) s.296(2) and (3) of the Act, as applied and modified by s. 18, that a constitutional referendum arrangement be entered into by contract for the Electoral Commissioner to administer all constitutional referenda of the Council.

(b) Further that, Council delegates authority to the Lord Mayor and/or Chief Executive Officer to finalise and execute the contract under Council seal, as required.

Note: Questions were taken on notice for this item.

14. Notices of Motion

Nil

15. Questions with Notice

15.1

SUBJECT Questions Taken on Notice - 12 December 2022 Council Meeting

REFERENCE F2022/00105 - D08808968

REPORT OF Governance Manager

1. Paragraph 9.23 of Council’s Code of Meeting Practice states:

“Where a councillor or council employee to whom a question is put is unable to respond to the question at the meeting at which it is put, they may take it on notice and report the response to the next meeting of the Council.”

STAFF RESPONSE

Item 12.1 - Fish Kill and Reducing Organic Matter in Waterways – Update

During discussion on Item 12.1 Fish Kill and Reducing Organic Matter in Waterways – Update, Councillor Garrard asked the following question:

Council to take on notice that staff spend time on reports and therefore cost money regardless of whether it is from the existing budget. What are these reports worth, so Councillors are aware of the cost of extra work to the organisation?

Executive Director City Assets & Operations

In relation the cost for Council staff time to produce the Fish Kill and Reducing Organic Matter in Waterways Report it is estimated at $3,000. In relation to this report significant time was spend by the Parramatta River Catchment Group Stormwater Subcommittee, the representatives of this subcommittee are not Council staff, so their costs have not been included.

Item 12.2 – Workforce Diversity

During discussion on Item 12.2 – Workforce Diversity, Councillor Prociv asked the following question:

Have staff looked into partnering with the University of Western Sydney for working students and creating Sandwich Courses with them?

Executive Director People, Culture and Workplace

There are multiple definitions of “sandwich courses” including:

· Formal degree designed and established between an employer and a tertiary education provider which featured rotational FT study and FT work placement.

· Formal internship placements during study breaks (winter and summer) for students in their penultimate year of university.

Council is exploring formal internships and have identified several potential partner organisations including Western Sydney University. As part of the 2023, Council is committed to piloting formal Internships early as part of the early careers framework that is currently being scoped and designed.

A further update will be provided as part of the Workforce Diversity Report Update scheduled in April.

Item 12.4 - Annual Code of Conduct Complaint Statistics Returned to the Office of Local Government

During discussion on Item 12.4 - Annual Code of Conduct Complaint Statistics Returned to the Office of Local Government, Councillor Garrard asked the following question:

Why are we getting the report in the last meeting of the year when the report is only to 31 August?

Internal Ombudsman Shared Services:

The Office of Local Government issued the request for statistics on 22 November 2022. As the deadline for Council papers for the 12 December 2021 Council meeting was 25 November 2022, this report was submitted to the next available Council meeting. The reporting timeframe of 1 September 2021 to 31 August 2022 is set by the Office of Local Government.

Item 12.4 - Annual Code of Conduct Complaint Statistics Returned to the Office of Local Government

During discussion on Item 12.4 - Annual Code of Conduct Complaint Statistics Returned to the Office of Local Government, Councillor Valjak asked the following question:

There are three complaints and three finalised matters in the report, can the Internal Ombudsman provide information on how the complaints were dealt with?

Internal Ombudsman Shared Services:

As outlined in the report, the three complaints received were referred to another agency. The relevant agencies advised the complaints were closed and all three were recorded as finalised.

Item 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)

During discussion on Item 13.5 DEFFERED ITEM: Exhibition Outcomes - Draft Planning Proposal, Draft Site-Specific DCP and Draft Planning Agreement - Holdmark Sites (Melrose Park South) Councillor Bradley asked the following question:

Did the developer pay for the TMAP?

Executive Director City Planning and Design:

The preparation of the Melrose Park Transport Management and Accessibility Plan (TMAP) was a requirement of the Gateway determination issued by the Department of Planning and Environment in 2016 for the Melrose Park North Planning Proposal. The TMAP was commissioned by Payce as the major landholder in the Northern Precinct. This is normal practice for Planning Proposals initiated by the landowner as it would be unreasonable to expect Council or the State Government to fund studies that are required to support private development.

To ensure transparency and that all issues of concerns were properly addressed, a clear governance structure was established to ensure the TMAP scope and methodology was suitable to properly identify what traffic and transport improvements would be required to support the land use changes proposed for the entire precinct. To this end, a Steering Group was formed with representatives from City of Parramatta Council, Department of Planning and Environment, Transport for NSW, the former Roads and Maritime Service, Payce, Goodman and Holdmark to ensure that issues raised and matters that needed to be discussed and agreed between relevant stakeholders were addressed. The Steering Group concluded that all members were satisfied that the TMAP conclusions were accurate and based upon agreed inputs.

Item 14.1 - Play Equipment

During discussion on Item 14.1 Play Equipment, Councillor Wearne asked the following question:

Although Council owns part of the strata title, were there any restrictions on Council when it acquired the strata title and would the body corporate need to agree to the development of a playground?

Executive Director Property and Place

The Wentworth Point Library forecourt is Lot 28 in Community Plan DP 270778. Any structure proposed to be erected on the land would require:

a. Building management committee approval (similar to strata body corporate approval);

b. Removal of a range of easements that burden the land, in particular easement for public access, easement for emergency egress, easement for services, easement for support and shelter.

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

16. CLOSED SESSION

4175

RESOLVED (Noack/Esber)

That members of the press and public be excluded from the meeting of the Closed Session and access to the correspondence and reports relating to the items considered during the course of the Closed Session be withheld. This action is taken in accordance with Section 10A(s) of the Local Government Act, 1993 as the items listed come within the following provisions:-

1 Legal Status Report as at 25 December 2022. (D08798736) - This report is confidential in accordance with section 10A (2) (e) of the Local Government Act 1993 as the report contains information that would, if disclosed, prejudice the maintenance of law.

2 Lego Exhibition at PHIVE - Tender Exemption.. (D08818180) - 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 Legal Status Report as at 25 December 2022

REFERENCE F2022/00105 - D08798736

REPORT OF Group Manager Legal Services

4176

RESOLVED (Siviero/Darley)

That Council note the Legal Status Report as at 25 December 2022.

Note: Questions were taken on notice for this item.

16.2

SUBJECT Lego Exhibition at PHIVE - Tender Exemption

REFERENCE F2022/00105 - D08818180

REPORT OF Manager Programming and Venue Services

4177

RESOLVED (Esber/Siviero)

(a) That Council, approves the exemption to the tendering requirements for the Lego Exhibition at PHIVE pursuant to section 55(3)(i) of the Local Government Act 1993.

(b) That Council, notes the extenuating circumstance for the tendering exemption, is that Brickman Exhibitions (Australia) Pty Ltd, is the sole authorised supplier of Lego Brickman exhibitions in Australia and a satisfactory result would not have been achieved by inviting tenders.

(c) Further that, Council notes that the documents have been executed by the Chief Executive Officer to enable the exhibition to take place.

Procedural Motion

4178

RESOLVED (Esber/Noack)

That Council resume into Open Session.

17. REPORTS OF RESOLUTIONS PASSED IN CLOSED SESSION

The Chief Executive Officer read out the resolutions for Items 16.1 to 16.2.

18. CONCLUSION OF MEETING

The meeting terminated at 8:15 pm.

THIS PAGE AND THE PRECEDING 16 PAGES ARE THE MINUTES OF THE ORDINARY/EXTRAORDINARY COUNCIL MEETING HELD ON Monday, 13 February 2023 AND CONFIRMED ON Monday, 27 February 2023.

Chairperson

Council 27 February 2023 Item 12.1

REPORTS TO COUNCIL - FOR NOTATION

ITEM NUMBER 12.1

SUBJECT Investment Report for January 2023

REFERENCE F2022/00105 - D08854124

REPORT OF Tax and Treasury Accountant

CSP THEME: Fair

workshop/briefing date: Nil

PURPOSE:

The purpose of this report is to inform Council of the investment portfolio performance and compliance for the month of January 2023.

RECOMMENDATION

That Council receive and note the Investment Report for January 2023.

BACKGROUND

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

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

ISSUES/OPTIONS/CONSEQUENCES

Investment Portfolio Summary

3. The investment portfolio closing balance as at 31 January 2023 was $504.2m. The average portfolio holdings held throughout the month was $506.9m.

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

5. Approximately 8.5% of the portfolio comprises of less conservative long-term investments with exposure to credit markets and domestic and international shares. The investment portfolio is well diversified and weighted towards higher-rated institutions.

6. The table below lists the diversified range of investments held by Council as at 31 January 2023.

Table 1: Summary of investment portfolio

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

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

7. Investment performance for the month. The investment portfolio reported a monthly- actual return of 0.36% for January 2023 (or 4.35% on an annualised basis). Outperforming the monthly Ausbond bank bill index by 117 basis points on an annualised basis.

The TCorp Fund (3.73% actual) was the main contributor to performance this month, as Domestic and international shares rose, as various central banks, hinted that the peak of the interest rate cycle may be approaching quicker than originally anticipated.

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

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

Table 2: Historical investment portfolio performance

9. Investment Revenue: As at the end of January 2023, the cumulative actual interest/income earned, was approximately $499k above the budget for the month, largely driven by the strong rebound of shares in January 23.

Advisors exercise caution given the volatility from the TCorp Long-Term Growth Fund during any month, as was highlighted in the past two months alone - the TCorp Fund gained over +$1m in January after falling close to ‑$900k in December.

Table 3: Cumulative Interest table

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

Table 4: Managed Fund Valuations Capitalised

During January, unrealised capital gain valuations on Managed funds equated to approximately $1.218m This increase in valuation, has been capitalised and is included in the cumulative investment revenue shown in table 3.

The NSW TCorp Fund the NSW TCorp Fund accounts for 5.75% of Council’s total investment portfolio. The Fund returned +3.73% (actual) during January 2023.

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

The CFS Global Credit fund accounts for around 2.75% of Council’s total investment portfolio. The Fund returned +1.17% (actual) in January, as the market valuation of the fund’s assets in global credit securities increased during the month.

10. Maturities and Transactions: Overall, the portfolio remains well diversified from a maturity perspective, with around 18% of assets directed to medium term (2-5 years).

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

The following Investment transactions occurred during January 2023:

Table 5: Investment Maturities

Table 6: New Investment Purchases

During the month Council invested $2.6m, all of which was invested in environmentally sustainable fossil fuel free deposits/Floating Rate Notes

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

Table 7: Maturity profile

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

Graph 1: Investment Policy rating capacity

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

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

Table 8: Exceptions to counterparty limits

Institution

Policy Limit ($‘000)

Held ($’000)

Overweight ($’000)

Reason

Compliance Date

No Exceptions

As at the end of January 2023, Council did not have an overweight position to any single ADI. Overall, the portfolio is well diversified across the entire credit spectrum, including some exposure to unrated ADIs.

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

13. Current Yields Councils Floating Rate Notes are currently yielding between around 3.67% FYTD.

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

Council’s term deposit portfolio (74% of the portfolio) was yielding 2.31% p.a. at month-end, with a weighted average duration of around 346 days or 1 year.

Despite more rate rises on the horizon, given an upward sloping deposit curve, maintaining a slightly longer average duration position on deposits will continue to outperform shorter durations. The deposit market has largely already factored in the current rate hike cycle, reflected by the flattening of the curve demonstrated by the longer-term tenors (+2yrs) over the past few months (the market is also factoring in a recession over coming years). Interestingly, amongst the major banks, some 2–5-year deposit rates are now being offered slightly below 12 month rates

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

Graph 2: Term Deposit Yields

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

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

Certification of Investments

16. I hereby certify the investments for the month of January 2023 have been made in compliance with the Act, the Regulations, Council’s Investment Policy, and the adviser’s recommendations.

John Angilley, Chief Financial and Information Officer

CONSULTATION & TIMING

Stakeholder Consultation

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

Date

Stakeholder

Stakeholder Comment

Council Officer Response

Responsibility

31 Jan 2023

Imperium Markets

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

Refer Imperium Comprehensive Report

All Investments are within Policy limits and reconcile to the General Ledger as at 31 Jan 2023

John Angilley

CFIO

Bruce MacFarlane

Treasury & Tax Accountant

Councillor Consultation

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

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

LEGAL IMPLICATIONS FOR COUNCIL

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

FINANCIAL IMPLICATIONS FOR COUNCIL

20. As at 31^st January 2023, cumulative interest income exceeds the year-to-date budget by approximately $498k. This overall investment interest budget was increased by approximately $3.1m as at the December 22 quarterly review. Further review will take place in March.

Bruce MacFarlane

Tax and Treasury Accountant

John Angilley

Chief Financial and Information Officer

Bryan Hynes

Acting Chief Executive Officer

Attachments:

1 ⇩	Investment and Loans Performance Graph Jan 2023.pdf	1 Page
2 ⇩	Imperium Comprehensive Investment Report Jan 23 .pdf	33 Pages
3 ⇩	List of Council Investments by maturity January 2023.pdf	7 Pages

REFERENCE MATERIAL

Council 27 February 2023 Item 13.2

REPORTS TO COUNCIL - FOR COUNCIL DECISION

ITEM NUMBER 13.2

SUBJECT Post Exhibition: Planning Proposal and Draft Planning Agreement for 263-273 & 279R Pennant Hills Road and 18 Shirley Street, Carlingford

REFERENCE F2022/00105 - D08780776

APPLICANT/S Karimbla Construction Services (NSW) Pty Ltd

OWNERS Karimbla Properties (No. 61) Pty Ltd

REPORT OF Project Officer Land Use

COUNCILLOR BRIEFING DATE: 22 February 2023

Development applications considered by Sydney central city planning panel

Deferred Commencement Development Consent No.1103/2011/JP issued by the Joint Regional Planning Panel for demolition of existing structures and associated construction of five apartment buildings 9-11 stories containing 450 units and basement parking for 662 cars (active consent granted 21 July 2015).

A development application (DA/53/2022) was lodged on 21 January for 6 x 10-12 storey buildings comprising 629 residential units, childcare centre for 110 children, 17 neighbourhood retail shops and 1,146 basement car parking spaces; publicly accessible open spaces and through site links; landscaping; tree removal; demolition of existing buildings. The application was refused by the Sydney Central City Planning Panel on 7 December 2022.

PURPOSE

To detail submissions received during the public exhibition of a Planning Proposal and draft Planning Agreement relating to land at 263-273 & 279R Pennant Hills Road and 18 Shirley Street, Carlingford. The report seeks Council’s approval to finalise the Planning Proposal and draft Planning Agreement.

RECOMMENDATION

(a) That Council receives and notes submissions (Table 4 of LPP report at Attachment 3) made during the public exhibition of the Planning Proposal and draft Planning Agreement for 263-273 & 279R Pennant Hills Road and 18 Shirley Street, Carlingford.

(b) That Council approve the Planning Proposal (Attachment 1) for land at 263 - 273 & 279R Pennant Hills Road and 18 Shirley Street, Carlingford for finalisation that seeks to amend the Parramatta (former The Hills) Local Environmental Plan 2012 to facilitate retail floor space, neighbourhood supermarket along with specialty retail, business and recreational uses in the R4 High Density Residential zoned part of the site through the following measures:

i. Addition of shops, food and drink premises, business premises and recreational facility (indoor) as additional permitted uses (limited to a maximum of 2,000sqm) to Schedule 1; and

ii. Addition of 263-273 & 279R Pennant Hills Road and 18 Shirley Street, Carlingford to the Additional Permitted Uses Map to facilitate retail floor space, neighbourhood supermarket along with specialty retail, business, and recreational uses.

(c) That Council approve the Planning Agreement at Attachment 2 amended as referred to in this report and the Chief Executive Officer be authorised to sign/execute the Planning Agreement on behalf of Council which proposes:

i. A shared walking/cycling pathway through Council owned Shirley Street Reserve which forms part of the connection to the Carlingford Light Rail stop; and

ii. A raised pedestrian crossing accommodating cyclists and pedestrians on Shirley Street.

(d) That Council authorise the Chief Executive Officer to exercise the plan making delegations as granted by the Gateway Determination for this Planning Proposal.

(e) Further, that Council delegates authority to the Chief Executive Officer to make any minor amendments and corrections of a non-policy and administrative nature that may arise during the plan amendment process relating to the Planning Proposal and finalisation of the Planning Agreement.

BACKGROUND

1. In 2007 the then Baulkham Hills Shire Council rezoned the Carlingford Precinct to facilitate further growth. The subject site (Figure 2) is located within the Carlingford Precinct.

2. The Joint Regional Planning Panel (JRPP) granted development approval (DA1103/2011/JP) in April 2012 for the construction of five apartment buildings (9-11 storeys) containing 450 units and 662 basement parking spaces at 18 Shirley Street, Carlingford which is part of the Planning Proposal subject site. The application was subsequently activated by demolition and other early site works. After this approval, a further six properties at 263-273 Pennant Hills Road were acquired by Karimbla Properties (No. 61) Pty Ltd .

3. Part of the subject site (18 Shirley Street and 279R Pennant Hills Road) was previously owned by Dyldam and was purchased in December 2020 by Karimbla Properties (No. 61) Pty Ltd (part of the Meriton Group). It is noted that this part of the site (Figure 1) is already subject to a Planning Agreement relating to the dedication of land zoned RE1 Public Recreation to Council. This is further detailed in the Planning Agreement section of this report.

Figure 1 - Land subject to the existing Planning Agreement

4. On 22 November 2021, the applicant, Karimbla Construction Services (NSW) Pty Ltd, on behalf of the landowner, Karimbla Properties (No. 61) Pty Ltd , lodged a Planning Proposal with the City of Parramatta Council for land at 263-273 & 279R Pennant Hills Road and 18 Shirley Street, Carlingford. The objective of the subject Planning Proposal is to facilitate additional permitted uses of up to 2,000sqm of ‘shops’ and ‘food and drink premises’ along with ‘business premises’ and ‘recreational facility (indoor)’ on the R4 High Density Residential part of the site.

5. In December 2021 the applicant lodged a development application (DA/53/2022) for the construction of six buildings up to 12 storeys in height, containing 629 residential apartments, a childcare facility and neighbourhood shops on the larger set of properties acquired by the current owner. It is noted that the additional land uses sought under the subject Planning Proposal are not included within the current development application. The application was refused by the Sydney Central City Planning Panel on 7 December 2022. The Planning Proposal exceeded height and floor space ratio controls and did not meet design principles in the State Environmental Planning Policy 65 (Design Quality of Residential Apartment Development) or the Apartment Design Guide. There were also unresolved site planning issues including isolation of neighboring properties, stormwater management, design and dedication of roads and parks and it do not demonstrate how the land zoned SP2 Infrastructure ‘Classified Road’ will be dedicated to the relevant acquisition authority.

6. On 17 May 2022, the Local Planning Panel (LPP) provided advice to Council recommending it endorse the submitted Planning Proposal for the purpose of requesting a Gateway Determination.

7. At its meeting on 14 June 2022, Council resolved to endorse the Planning Proposal for the purpose of requesting a Gateway Determination and to amend Schedule 1 and amend the Additional Permitted Uses (APU) Map, consistent with the recommendation of the Local Planning Panel. Council also resolved to prepare a draft Planning Agreement to be exhibited with the Planning Proposal.

8. On 29 July 2022, the Department of Planning and Environment issued a Gateway determination (Attachment 4) with an expiry date of 31 May 2023 which allowed the Planning Proposal to proceed to public exhibition.

9. The Planning Proposal and draft Planning Agreement were publicly exhibited from 12 October 2022 to 9 November 2022. This report addresses the outcomes of that exhibition and makes recommendations for progressing the matter.

10. The Planning Proposal and draft Planning Agreement were reported to the Local Planning Panel on 20 December 2022 (Attachment 3). The Local Planning Panel resolved to support the Council Officer recommendations in finalising the Planning Proposal and draft Planning Agreement.

PLANNING PROPOSAL TIMELINE

SITE DESCRIPTION

11. The subject site is known as 263-273 & 279R Pennant Hills Road and 18 Shirley Street, Carlingford and comprises of 8 lots which are legally described as follows in Table 1:

Table 1 – Property address, Lots and DPs

Property Address	Lot & DP
263 Pennant Hills Road	Lot 22, DP 21386
265 Pennant Hills Road	Lot 2, DP 9614
267 Pennant Hills Road	Lot 3, DP 9614
269 Pennant Hills Road	Lot 4, DP 9614
271 Pennant Hills Road	Lot 62, DP 819136
273 Pennant Hills Road	Lot 61, DP 819163
279R Pennant Hills Road	Lot 1, DP 531044
18 Shirley Street	Lot 1, DP 1219291

12. The site has a total area of approximately 27,985sqm (Figure 2).

13. The site is located on the eastern side of Pennant Hills Road (classified road) and the northern and western sides of Shirley Street (local road). The site is predominately undeveloped and cleared of vegetation however there are five detached two-storey dwellings fronting Pennant Hills Road.

14. A pedestrian pathway runs along Pennant Hills Road, with connections into Lloyds Avenue to the south and Carlingford Town Centre to the north. The site is located approximately 400 metres east from of the Carlingford Light Rail stop (under construction).

Figure 2 – Subject Site

PLANNING PROPOSAL

15. The objective of this Planning Proposal is to facilitate the permissibility of ‘shops’ and ‘food and drink premises’ along with ‘business premises’ and ‘recreational facility (indoor)’ up to a combined total GFA of 2,000sqm on the R4 High Density Zoned areas of the site.

16. Specifically, the Planning Proposal seeks to amend the Parramatta (former The Hills) Local Environmental Plan 2012 as follows:

a. Amend Schedule 1 to permit ‘shops’ and ‘food and drink premises’, ‘business premises’ and ‘recreational facility (indoor)’ up to a combined total GFA of 2,000sqm on the site.

b. Amend Additional Permitted Uses map to add the R4 High Density Residential area of the subject site (refer Figure 3).

17. A copy of the Planning Proposal is included at Attachment 1.

18. The site is within the R4 High Density Residential Zone which currently allows a range of non-residential (and commercial) uses including childcare and minor neighbourhood shops (less than 100sqm). Refer to Table 2 in the LPP Report at Attachment 3 which outlines the current non-residential uses permitted under the Parramatta (Former The Hills) LEP 2012 on the site and what is sought under the Planning Proposal.

Figure 3 - Proposed amendment to the Additional Permitted Use Map

PLANNING AGREEMENT

19. The Planning Proposal was exhibited concurrently with an associated draft Planning Agreement (Attachment 2) which proposes to deliver the following public benefits:

a. A shared pathway through Council owned Shirley Street Reserve which forms part of a connection from Shirley Street to the Parramatta Light Rail stop; and

b. A raised pedestrian crossing accommodating cyclists and pedestrians on Shirley Street.

20. The Planning Agreement offers a link from the subject site to deliver a part of the planned cycle/pedestrian network on public land adjacent to the site. This will improve connectivity and access to the Parramatta Light Rail for the wider Carlingford precinct and surrounding neighbourhood, and a pedestrian crossing on Shirley Street (Refer Figure 4). An amendment has been made to the Planning Agreement following consideration of the proposal by the Local Planning Panel (see below for details) to require the works to be delivered prior to the occupation of any dwellings on the site. Further details about the draft Planning Agreement can be seen in the LPP report at Attachment 3 and the draft Planning Agreement at Attachment 2.

Figure 4 – Subject Site and Planning Agreement Items

21. It is noted that the site is already subject to an existing Planning Agreement (Figure 1). That Planning Agreement was entered into in April 2015 between The Hills Shire Council and the then owners. Further details of this agreement are explained in the LPP report at Attachment 3. The existing Planning Agreement does not relate to the recently exhibited planning proposal and draft Planning Agreement which are the subjects of this report.

SUMMARY OF PUBLIC EXHIBITION

22. A total of four (4) submissions were received comprising of three (3) from the community and one (1) from a public agency (Transport for NSW). Overall, one submission supported the proposal and the draft Planning Agreement in full, one objected in full, one partially supported the Proposal, and the agency submission from Transport for NSW neither stated objection nor support. Refer to the Local Planning Panel report at Attachment 3 for full details of the consultation undertaken for this exhibition.

23. Submissions received during the public exhibition period raised concerns regarding the proposed amendments, with the key issues relating to traffic generation, necessity for a supermarket, infrastructure in the local area and increase in density on the site. As the Planning Proposal notes the APU will not facilitate additional density on the site will only facilitate a small neighbourhood supermarket of no more than 1,000sqm. Council Officers are satisfied based on the traffic analysis exhibited with the Planning Proposal that any additional traffic associated with the supermarket is not significant to warrant refusal of the Planning Proposal. There is a limited supply of supermarket floorspace in the Carlingford area so there is sufficient demand and infrastructure to support the proposed changes including the improvements to the pedestrian/cycle network (Attachment 2). As such there is not sufficient justification raised during the public consultation period to warrant an amendment to the exhibited Planning Proposal. Refer to the Local Planning Panel report at Attachment 3 for further details on the key issues raised and Council officer responses and recommendations.

24. However, as noted above, an alteration to the exhibited Planning Agreement is proposed to reflect the LPP recommendation of 20 December 2022 that the infrastructure upgrade works be delivered prior to the occupation of any of the dwellings on the site. This change has been agreed with the applicant. Given the change is minor and does not impact the deliverables of the Planning Agreement, it can be made without the need for re-exhibition.

25. Following consideration of the results of the public exhibition and the Local Planning Panel recommendations, the Planning Proposal is recommended to proceed for finalisation as exhibited.

CONSULTATION AND TIMING

26. As noted above, the Planning Proposal and draft Planning Agreement were subject to public and agency consultation. Details of the consultation results are in the LPP report at Attachment 3.

27. 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
November 2021 to present	Karimbla Construction Services (NSW) Pty Ltd (applicant)	Various comments in relation to finalising the Planning Proposal 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 14 June 2022.	City Planning and Design

Councillor Consultation

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

Date	Councillor	Councillor Comment	Council Officer Response	Responsibility
6 June 2022 – briefing session	All	Various questions relating to density and infrastructure provision and necessity for a supermarket.	Responses provided to Councillors.	City Planning and Design

LOCAL PLANNING PANEL OUTCOMES

29. On 20 December 2022, the Local Planning Panel (LPP) provided advice on the exhibition outcomes of the Planning Proposal and draft Planning Agreement. The LPP recommended Council approve the Planning Proposal and draft Planning Agreement for finalisation as per the Council officer recommendations.

30. In addition to the Council officer recommendations, the LPP also requested the works that make up the Planning Agreement “be delivered prior to the occupation of any of the dwellings on the site”. Both Council officers and the applicant support this additional recommendation

PLAN MAKING DELEGATIONS

31. Council is delegated as the plan-making authority as granted by the Gateway Determination on 29 July 2022. The Gateway Determination (Attachment 4) has set the timeframe for completion of this Planning Proposal as 31 May 2023.

LEGAL IMPLICATIONS FOR COUNCIL

32. The legal implications associated with this report relate to the draft Planning Agreement that is proposed to be entered into between Council, Karimbla Properties (No. 61) Pty Ltd and Meriton Properties Pty Ltd. Council’s legal team were assisted by an external expert in the drafting and finalisation of the Planning Agreement. The finalisation of the Planning Agreement will be undertaken by the above mentioned parties in accordance with the recommendations of this report.

FINANCIAL IMPLICATIONS FOR COUNCIL

33. If Council resolves to approve this report in accordance with the recommendation, the draft Planning Agreement is for the following works with an approximate value of $431,388.45 (subject to CPI):

a. A shared walking/cycling pathway through Council owned Shirley Street Reserve which forms part of the connection to the Carlingford Light Rail stop; and

b. A raised pedestrian crossing accommodating cyclists and pedestrians on Shirley Street.

34. It is noted that part of the future shared path and the pedestrian crossing is on Council land and will be subject to ongoing maintenance costs. However, it is acknowledged that these items will have a public benefit by facilitating an improved part of the connection to the Carlingford Light Rail stop with the broader cycle/pedestrian network. Council Officers have approached TfNSW and Greater River City Light Rail (GRCLR) to discuss the connecting link between the proposed share pathway in the Planning Agreement and the Parramatta Light Rail and Active Transport Link (ATL) throughout and are waiting for TfNSW and GRCLR to review the proposal with the aim to meet and discuss funding, maintenance, and future land ownership.

35. It is proposed that the works would be completed prior to an Occupation Certificate being issued for any of the dwellings on the site.

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

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

	FY 20/21	FY 21/22	FY 22/23	FY 23/24
Revenue Contribution				$431,388.45

Operating Result
External Costs
Internal Costs
Depreciation
Other
Total Operating Result				$431,388.45

Funding Source				VPA contribution

CAPEX
CAPEX
External
Internal
Other
Total CAPEX

Funding Source

CONCLUSION AND NEXT STEPS

38. It is recommended that Council endorse the draft Planning Agreement for 263-273 & 279R Pennant Hills Road and 18 Shirley Street, Carlingford for finalisation/execution amended as referred to in this report.

39. It is recommended that Council approve the Planning Proposal for 263-273 & 279R Pennant Hills Road and 18 Shirley Street, Carlingford as exhibited and for Council to exercise its plan-making delegations as granted by the Gateway Determination and work with Parliamentary Counsel Office on the legal drafting and mapping of the amendment. The LEP amendment will then be signed by the CEO before being notified on the NSW Legislation website.

Rafael Morrissey

Project Officer Land Use

Belinda Borg

Team Leader Land Use Planning

Michael Rogers

Land Use Planning Manager

David Birds

Group Manager, Major Projects and Precincts

Robert Cologna

Acting Executive Director, City Planning & Design

Ian Woodward

Group Manager Legal Services

John Angilley

Chief Financial and Information Officer

Bryan Hynes

Acting Chief Executive Officer

Attachments:

1 ⇩	Planning Proposal	34 Pages
2 ⇩	Draft Planning Agreement	36 Pages
3 ⇩	LPP Minutes & Report - 20 December 2022	22 Pages
4 ⇩	Gateway Determination	2 Pages

REFERENCE MATERIAL

Council 27 February 2023 Item 13.3

REPORTS TO COUNCIL - FOR COUNCIL DECISION

ITEM NUMBER 13.3

SUBJECT Post Exhibition - Finalisation of the Riverside Theatre Planning Proposal following consideration of submissions received during the Public Exhibition Period

REFERENCE F2022/00105 - D08826680

REPORT OF Senior Project Officer

CSP THEME: Innovative

PURPOSE:

The purpose of this report is to enable Council to consider the outcomes of the public exhibition of the Planning Proposal for land at 353A-353C Church Street and part of 351 Church Street, Parramatta (the Riverside Theatre Site) and to seek Council’s endorsement of the Planning Proposal to be forwarded to the Department of Planning and Environment (DPE) for finalisation.

RECOMMENDATION

(a) That Council note that a total number of 31 submissions were made in response to the public exhibition of the Planning Proposal which are summarised at Attachment 1.

(b) That Council approve the Planning Proposal at Attachment 2 for the purposes of it being forwarded to the Department of Planning and Environment (DPE) for finalisation.

(c) That Council note the LPP advice relating to the outcome of the public exhibition of the Planning Proposal from its meeting of 15 February 2023 is provided to Council in a supplementary report.

(d) That Council delegate authority to the Chief Executive Officer to correct any minor anomalies of a non-policy and administrative nature that may arise during the plan finalisation process, relating to the Planning Proposal.

PLANNING PROPOSAL TIMELINE

The timeline below identifies the Riverside Theatre Planning Proposal has now progressed to the finalisation stage.

BACKGROUND

1. The redevelopment of the Riverside Theatre has been a key cultural project under consideration by Council since 2018. Council recently approved the Riverside Theatre redevelopment strategic business case and allocated funding to secure the next phase of the project at its meeting of 12 December 2022. A copy of the Council resolution is provided at Attachment 3.

2. This Planning Proposal was prepared to implement the necessary planning controls to allow the timely progression and redevelopment of the Riverside Theatre in line with Council’s vision and policy. A concept design for the redevelopment of theatre is provided in the Planning Proposal at Attachment 2.

3. On 18 August 2022, the LPP considered the Planning Proposal and supported Council Officer’s recommendation to progress the Planning Proposal to a Gateway Determination. Further details of the report and advice are available at Attachment 4.

4. At its meeting of 26 September 2022, Council adopted the Planning Proposal and resolved to forward it to DPE for a Gateway Determination. A Gateway Determination was issued by DPE on 16 November 2022 indicated that the Planning Proposal should proceed subject to conditions which included a public exhibition for 20 days and minor updates to the Planning Proposal. A copy of the Gateway Determination is provided at Attachment 5.

5. The Planning Proposal was updated to respond to the Gateway conditions prior to the public exhibition. The Planning Proposal reflects the intended Design Excellence bonus for the site under the Council endorsed Parramatta CBD Planning Proposal (CBD PP) and includes refined details on flooding from the flood analysis prepared as part of the CBD PP. Further information of the intended design excellence bonus and flooding analysis can be found at Part 3 of the Planning Proposal at Attachment 2 and within the LPP report from 15 February 2023 contained in Attachment 6.

6. The Planning Proposal was publicly exhibited from 14 December 2022 to 2 February 2023. During the exhibition, Council received a total number of 31 submissions. Of which, 30 submissions were from local residents/visitors and 1 was from public agency. A summary of the exhibition process and engagement activities is provided at the beginning of Attachment 1.

SITE DESCRIPTION

7. The Planning Proposal applies to the land at 353A-353C Church Street (Lot 2 DP 740382) and part of 351 Church Street, Parramatta (Lot 1 DP 740382) (the site). The site has an approximate area of 7,000sqm (see Figure 1). The site is the location of the Riverside Theatre, which is owned and operated by the City of Parramatta Council (Council). Further information on the site context is available in the Planning Proposal contained in Attachment 2.

Figure 1 – Site subject of the Planning Proposal

DESCRIPTION OF PLANNING PROPOSAL

8. The Planning Proposal seeks the following amendments to the Parramatta Local Environmental Plan 2011 (PLEP):

a. Increase the Maximum Height of Building (HOB) from 15m to 28m.

b. Introduce a Site-Specific Clause that:

i. prevents new development generating any additional overshadowing to the southern side of the Parramatta River Foreshore between 12pm and 2pm;

ii. requires active street frontages;

iii. specifies a maximum Design Excellence bonus of 15% (included as a result of the Gateway Determination conditions).

9. No changes are proposed to the land use zoning or FSR controls.

10. Table 1 compares the existing planning controls, proposed controls under the CBD PP, proposed controls within the subject Planning Proposal and the existing building for reference. Further details on the site’s context and strategic positioning within the Parramatta CBD are contained within the Planning Proposal found in Attachment 2.

Control	Existing Controls	Council adopted CBD PP	Proposed Controls	Existing building
Zoning	B4 Mixed Use	B4 Mixed Use	B4 Mixed Use	B4 Mixed Use
Height	15m	Height not nominated – solar access control would allow heights of 50-60m on parts of the site.	28m	25m
FSR	3:1	3:1	3:1	Unknown
Design Excellence bonus	25%	15%	15%	n/a

Table 1 – Comparison of existing and proposed controls

PUBLIC EXHIBITION OF THE PLANNING PROPOSAL

11. The Planning Proposal was exhibited from 14 December 2022 to 2 February 2023. Council received 31 submissions including thirty (30) community submissions and one (1) submission from Public Agency. A summary of the exhibition process and engagement activities is provided at the beginning of Attachment 1.

12. While all submissions supported the intended outcome to redevelop the Riverside Theatre site, some submissions raised planning related concerns. Table 2 outlines a summary of key concerns and Council Officer’s responses. A more detailed response to the key concerns and submissions are available at Attachment 1 and in the LPP report at Attachment 6.

Key concerns	Council Officer’s Response
Insufficient car parking for future theatre visitors.	The Planning Proposal will not result in greater development yield than what is already permitted on the subject site (i.e. no change to the existing FSR of 3:1). The site is well serviced by existing public transport infrastructure. As such detailed parking consideration is not required as part of this Planning Proposal. Detailed car park design will be prepared as part of future design and State Significant Development Application process. Any proposed parking provision will need to comply with relevant controls for the CBD contained within the Parramatta LEP and Development Control Plan.
Lack of detailed flood protection measures for the site.	The Planning Proposal will not generate greater flood risk compared to the current level of flood risk on the subject site under the existing planning controls. The Planning Proposal has been assessed against the Planning Ministerial Direction and is consistent with its flooding requirements. The Planning Proposal is not intensifying development yield and strictly addressing urban design considerations through the alteration of building height from 15m to 28m - no changes to FSR are proposed.
Protection of view corridors for residents living in the Lennox building.	The Lennox building is located directly opposite to the Riverside Theatre on the southern bank of Parramatta River and is the tallest building in the surrounding built environment with a building height of 157m. The Planning Proposal seeks to increase the building height from 15m to 28m which is considered to have inconsequential impacts on the view corridor, given the existing building has the height elements at 25m and the eastern side of the Church Street has the height of building control at 36m. In addition, the theatre concept design indicates that the proposed 28m is the highest building element which slowly descends towards the western side of the subject site.
Overshadowing of the Parramatta River and its foreshore area.	The Planning Proposal seeks to protect solar access to the southern side of the Parramatta River foreshore by introducing a site-specific clause requiring new development to not generate any additional overshadowing to the southern side of the river foreshore between the hours of 12:00pm and 2:00pm (noting that the northern side of the river is already overshadowed by the existing building). These hours of solar protection are consistent with the Council adopted policy position relating to additional overshadowing in the CBD PP. It is also important to note that the proposed concept design to be delivered by the Planning Proposal exceeds the solar access protection to the Parramatta River and its foreshore area by an additional three hours compared to the CBD PP. This further demonstrates the low impact the intended outcome of the Planning Proposal will have on overshadowing to the Parramatta River and its foreshore area.

Table 2 - Summary of Key Submissions and Council Officer’s responses

13. It is noted that a number of submissions commented on the detailed theatre design consultation on the design and programming (i.e. theatre capacity design, show types and 24/7 hours theatre etc) which are considered out of scope of the Planning Proposal. Consultation on the design has already occurred and will continue with the Riverside Advisory Committee and the Community will also be consulted as part of the future State Significant Development approval process once details of the design are more fully resolved.

14. Council Officers reviewed the submissions and planning matters listed in Table 2 and determined the submissions do not warrant any changes to the Planning Proposal. Further details of the submissions received and Council Officers’ response is available at Attachment 1.

Local Planning Panel Meeting Post Exhibition

15. Consistent with the recommendation of this Council report, Council officers recommended to the LPP that the Planning Proposal progress to finalisation without any amendments resulting from the public exhibition process.

16. To allow the timely progression of the Riverside Theatre redevelopment, the LPP planning advice is provided to Council in the supplementary report as the LPP meeting is to be held after the finalisation of this Council Business Paper on 10 February 2023.

PLANNING PROPOSAL ASSESSMENT

17. The Planning Proposal has been assessed against relevant State and local strategic planning policies. A copy of detailed assessment is available in the Planning Proposal at Attachment 2. It is noted the Planning Proposal is reflective of the requirements and conditions of the Gateway Determination.

18. It is considered that the Planning Proposal has demonstrated both strategic and site - specific planning merits and should proceed to finalisation for the following reasons:

a. The Planning Proposal seeks to ensure the necessary planning controls in place allow for the timely progression and redevelopment of the Riverside Theatre that is consistent with Council’s Cultural Plan and the business case endorsed by Council on 12 December 2022;

b. The proposed building height increase from 15m to 28m is considered to have an inconsequential impact on amenity, flooding, overshadowing, and overall bulk and scale (noting that the existing building has a building component at 25m despite the current 15m height controls); and

c. The proposed site - specific provisions are consistent with the objectives and intent of the solar access protection, design excellence bonus and active street frontage provisions within the Council endorsed CBD Planning Proposal.

19. Council Officers have reviewed the submissions received and proposed to progress the Planning Proposal (refer to Attachment 2) with no further amendments.

PLAN MAKING DLEGATIONS

20. Council is not the plan making authority as specified in the Gateway Determination (See Attachment 5). Subject to Council endorsement, the Planning Proposal will be forwarded to DPE for finalisation. Council Officers will work with DPE to finalise the Planning Proposal.

FINANCIAL IMPLICATIONS FOR COUNCIL

21. The decision being made to endorse this Planning Proposal will have no direct impacts on the budget. Any cost of processing this Planning Proposal will be funded from the existing City Planning and Design budget.

22. Council has allocated funding for the Riverside Theatre redevelopment through a separate project. The finalisation of this Planning Proposal will allow timely progress of the redevelopment project.

CONCLUSION AND NEXT STEPS

23. This report has summarised and considered the submissions received as part of the public exhibition process for the Planning Proposal. As outlined in this report, the submissions do not warrant any amendment to the Planning Proposal. It is proposed to progress the Planning Proposal with no further amendments.

24. It is recommended that Council forward the Planning Proposal at Attachment 2 to the Department of Planning and Environment for finalisation to ensure necessary planning controls are in place to allow the timely progression and redevelopment of the Riverside Theatre.

25. A notification will be sent to all submitters advising the outcome of the LPP and Council meetings.

Joyce Jiang

Senior Project Officer

Sonia Jacenko

Team Leader Strategic Land Use Planning

Robert Cologna

Group Manager, Strategic Land Use Planning

John Angilley

Chief Financial and Information Officer

Bryan Hynes

Acting Chief Executive Officer

Attachments:

1⇩	Submission Response Table - Riverside Theatre Planning Proposal	17 Pages
2⇩	Planning Proposal Riverside Theatre Site	328 Pages
3⇩	Council Meeting Minute - 12 December 2022 -Business Case Riverside Theatre	2 Pages
4⇩	Local Planning Panel Report and Advice 16 August 2022	26 Pages
5 ⇩	Gateway Determination 15 November 2022	4 Pages
6 ⇩	Local Planning Panel Report 15 February 2023	11 Pages

REFERENCE MATERIAL

Council 27 February 2023 Item 14.1

NOTICE OF MOTION

ITEM NUMBER 14.1

SUBJECT NOTICE OF MOTION: WestInvest Funding

REFERENCE F2022/00105 - D08868685

FROM Councillor Georgina Valjak

MOTION

(a) That Council acknowledges the continued investment and support by the State Government in awarding $170 million dollars from the WestInvest Community round and $29.7 million from the Local Government round to City of Parramatta which will be delivered regardless of the State election outcome.

(b) That Council note that the Westinvest funding follows over $4 billion invested by the State government over the past 12 years in infrastructure investment.

(c) That Council brings back a report to Council on the impact of the $199.7M WestInvest funding to City of Parramatta.

(d) Further, that Council thanks all staff for their work in submitting high calibre business cases that contributed to the successful projects being awarded – this is an outstanding achievement for City of Parramatta Council which will be able to deliver these transformational projects across our LGA for our Community.

BACKGROUND

1. More than 680 applications worth $7.9 billion were received for the $1.6 billion WestInvest Community Project Grants – Competitive Round.

2. Applicants were advised on a rolling basis split into four geographical areas in Western Sydney grouped as follows:

· North – Blacktown, The Hills, Hawkesbury

· Central – Parramatta, Cumberland, Canterbury Bankstown, Burwood, Strathfield, Fairfield

· West – Penrith, Blue Mountains

· South – Campbeltown, Wollondilly, Camden, Liverpool

3. City of Parramatta were successful in securing the following projects to a total of $170million in the Competitive Round. The community projects announced via the competitive round are as follows:

· Strengthening the Heart of Play - $8,700,000

· Carter Street Precinct Community Centre Cold Shell Fit-Out - $6,127,000

· Parramatta CBD to Sydney CBD Cycleway - $10,696,366

· Riverside Theatres Redevelopment - $40,000,000

· Western Parramatta River and CBD Precinct Connections - $26,098,272

· Eastern Parramatta River and CBD Precinct Connections - $9,034,530

· North Granville Community Open Space Upgrade - $5,643,102

· Lake Parramatta Swimming Area Upgrade Stage 2 - $971,300

· Don Moore Multi-Purpose Community Hub - $20,627,918

· Epping Town Centre: Oxford Street Urban Amenity & Reinvigoration Project - $5,393,625

· Finlaysons Creek Regional Cycleway - $9,784,009

· Duck River Nature Trail - $26,941,047

4. Projects announced in first round of WestInvest Local Government projects a total of $29.7million include:

- Doyle Ground sports facility improvements Stage 1 North Parramatta $8,317,000.00

- Active Youth are Healthy Youth Dundas$1,500,000.00

- Let's play @ Kilpack! Carlingford $1,409,890.00

- -Somerville Park Improvement Project Eastwood Epping $4,570,103.00

- West Epping Park Dog Off-Leash Area Epping $354,725.00

- Max Ruddock Reserve Amenities Modernisation with Viewing Platform Winston Hills $3,843,184.00

- Sue Savage Reserve Multigenerational Recreational Facilities Toongabbie $3,650,370.00

5. Refurbish Rydalmere Bowling Club Into a New Multi-Purpose Community Facility Rydalmere $ 5,530,193.15

EXECUTIVE DIRECTOR CITY STRATEGY RESPONSE

1. <Staff to provide a response to the Notice of Motion. >

FINANCIAL AND RESOURCE IMPLICATIONS

2. If Council resolves to approve this Notice of Motion in accordance with the proposed resolution, the financial impact on the budget are set out in the table below.

3. The financial impacts to the budget, as set out in this section, will be included in the next Quarterly Budget Review for endorsement by Council.

4. The table below summarises the financial impacts on the budget arising from approval of this Notice of Motion.

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

Funding Source

CAPEX
CAPEX
External
Internal
Other
Total CAPEX

Funding Source

Georgina Valjak

Councillor

Nicole Carnegie

Director City Strategy

John Angilley

Chief Financial and Information Officer

Bryan Hynes

Acting Chief Executive Officer

Attachments:

There are no attachments for this report.

Obligations
Oath [Affirmation] of Office by Councillors	I swear [solemnly and sincerely declare and affirm] that I will undertake the duties of the office of Councillor in the best interests of the people of the City of Parramatta Council and the City of Parramatta Council that I will faithfully and impartially carry out the functions, powers, authorities and discretions vested in me under the Local Government Act 1993 or any other Act to the best of my ability and judgement.
Code of Conduct Conflict of Interests
Pecuniary Interests	A Councillor who has a pecuniary interest in any matter with which the Council is concerned, and who is present at a meeting of the Council at which the matter is being considered, must disclose the nature of the interest to the meeting. The Councillor must not be present at, or in sight of, the meeting: a) At any time during which the matter is being considered or discussed, or b) At any time during which the Council is voting on any question in relation to the matter.
Non-Pecuniary Conflict of Interests	A Councillor who has a non-pecuniary conflict of interest in a matter, must disclose the relevant private interest in relation to the matter fully and on each occasion on which the non-pecuniary conflict of interest arises in relation to the matter.
Significant Non-Pecuniary Conflict of Interests	A Councillor who has a significant non-pecuniary conflict of interest in relation to a matter under consideration at a Council meeting, must manage the conflict of interest as if they had a pecuniary interest in the matter.
Non-Significant Non-Pecuniary Interests	A Councillor who determines that they have a non-pecuniary conflict of interest in a matter that is not significant and does not require further action, when disclosing the interest must also explain why conflict of interest is not significant and does not require further action in the circumstances.

Date	Councilor	Councilor Comment	Council Officer Response	Responsibility
22^nd Feb 2023	Finance Committee	NA	December reforecast to be discussed.	Finance/CFIO

Project	Project Cost ($M’s)	Agency Investment ($M’s)	AIF3 ($M’s)
Connecting Granville	1.00	0.34	0.66
FS Garside Park Upgrade	21.48	16.48	5.00
Epping Town Centre (East Upgrades)	2.10	0.55	1.55
Carter Street Bridges & Cycleway	14.67	6.55	8.11
Parramatta CBD Southern Precinct Upgrades	5.00	2.20	2.80
Granville Town Centre	13.02	3.60	9.42

Item	Subject	Councillor	Question
13.8	Administration of the City of Parramatta September 2024 Local Government Elections	Esber	By September this year, Council has to submit to the NSW Electoral Commission Council’s new boundaries. Will Council be able to make a submission of where the pre-poll would be?
13.8	Administration of the City of Parramatta September 2024 Local Government Elections	Bradley	Could staff provide the details to the cost estimate given by the NSW Electoral Commission?
13.8	Administration of the City of Parramatta September 2024 Local Government Elections	Bradley	It is possible to argue for a one-week pre-poll and rather than two weeks pre-poll. What saving could Council make through a one-week pre-poll?
13.8	Administration of the City of Parramatta September 2024 Local Government Elections	Bradley	Where would the pre-poll locations be and the polling places on election day?
16.1	Legal Status Report as at 25 December 2022	Darley	Could officers get back to Council on what cases Council is allowed to report publicly and the format it would be in?