Agenda of Council - Monday, 4 December 2023

UNCONFIRMED City of Parramatta Council - Minutes of Council Meeting - Monday, 20 November 2023

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Minutes

Ordinary Council Meeting

Monday, 20 November 2023

6.30pm

Council Chamber

Level 4, PHIVE

Parramatta Square, Parramatta

COUNCIL MEMBERS IN ATTENDANCE

The Lord Mayor, Councillor Pierre Esber and Councillors Phil Bradley, Donna Davis (online), Michelle Garrard, Henry Green, Cameron MacLean, Paul Noack, Sameer Pandey, Deputy Lord Mayor, Dr Patricia Prociv, Dan Siviero, Georgina Valjak, Donna Wang and Lorraine Wearne.

COUNCIL STAFF IN ATTENDANCE

Chief Executive Officer - Gail Connolly, Executive Director City Engagement and Experience - Angela Jones-Blayney, Executive Director Finance and Information - John Angilley, Executive Director City Planning and Design - Jennifer Concato, Executive Director Community Services - Jonathan Greig, Acting Executive Director City Assets & Operations - James Smallson, Acting Executive Director Property & Place - Bruce Mills, Chief Technology Officer - John Crawford, Chief Governance & Risk Officer - Roxanne Thornton, Chief Financial Officer - Amit Sharma, Group Manager Strategic Land Use Planning, Robert Cologna, Group Manager City Experience and Identity - Sheree Gover, Chief of Staff - Justin Mulder, Group Manager Social & Community Services, David Moutou, Health and Building Services Manager - Adrian Mihaila, Community Capacity Building Manager - Rodrigo Gutierrez, Community Capacity Building Lead - Will Langbein Pass, ICT Strategy and Partnering Manager - Ian Vong, Council Secretariat and Policy Officer - Marina Cavar, Business Support Manager - Valance Horne and ICT Service Desk Officer - Erik Ivarsson.

1. OPENING MEETING

The Lord Mayor, Councillor Esber, opened the meeting at 6.32pm.

2. ACKNOWLEDGEMENT TO TRADITIONAL OWNERS OF LAND

The Lord Mayor acknowledged the Burramattagal people of The Dharug 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 ANNOUNCEMENT

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

RESOLVED: Councillor Noack and Councillor MacLean

(a) That an apology on behalf of Councillor Darley and Councillor Humphries be accepted and a leave of absence granted.

(b) That Councillor Davis be permitted to attend this meeting by audio-visual link.

Record of Voting:

For the Motion: Unanimous

6. CONFIRMATION OF MINUTES

Minutes of the Ordinary Council Meeting held on 6 November 2023

RESOLVED: Deputy Lord Mayor, Councillor Prociv and Councillor MacLean

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

Record of Voting:

For the Motion: Unanimous

7. DISCLOSURES OF INTEREST

Lord Mayor Councillor Esber disclosed a Pecuniary interest in relation to Item 13.8 (Parramatta CBD Planning Framework - Planning Investigation Areas) as he owns a property within one of the proposed Planning Investigation Areas. The Lord Mayor, Councillor Esber will leave the meeting during the consideration of this item, including the Public Forum, and will not participate in discussion or voting.

Councillor Davis disclosed a Significant Non-Pecuniary interest in relation to Item 14.1 Mixed Use Land and Peninsula Park Wentworth Point for the reason that she is a a member of the Government that has carriage of this matter. Councillor Davis will leave the meeting during the consideration of this item, and will not participate in discussion or voting.

8. Minutes of the Lord Mayor

8.1

Local Government NSW Annual Conference 2023

(Report by Lord Mayor Councillor Pierre Esber)

RESOLVED: Lord Mayor Councillor Esber and Councillor MacLean

(a) That Council recognise the successful Local Government NSW Conference hosted by City of Parramatta on 12-14 November 2023 at Rosehill Gardens Racecourse.

(b) That Council thank all City of Parramatta staff involved in the conference and acknowledge their efforts to showcase the very best of what Parramatta has to offer.

Record of Voting:

For the Motion: Unanimous

8.2

Parramatta Aquatic Centre – Outstanding Sports and Recreation Facility at Boomtown! 2023

(Report by Lord Mayor Councillor Pierre Esber)

RESOLVED: Lord Mayor Councillor Esber and Councillor MacLean

(a) That Council note that Parramatta Aquatic Centre, the City of Parramatta’s new swimming, wellness and fitness hub, won Outstanding Sports and Recreation Facility at the Western Sydney Leadership Dialogue’s Boomtown! 2023 Property and Infrastructure Awards; and

(b) That Council formally congratulate all current and former Councillors, staff and project partners who have contributed to delivering the Parramatta Aquatic Centre through the preparation of an appropriate Certificate of Appreciation.

Record of Voting:

For the Motion: Unanimous

PROCEDURAL MOTION

DEALING WITH ITEMS BY EXCEPTION

RESOLVED: Councillor Wearne and Councillor Garrard

That, in accordance with Section 13 of Council’s Code of Meeting Practice, Council resolve to adopt the following items in accordance with the recommendations as printed, without debate:

· 8.3 Correspondence from the NSW Minister for Planning and Public Spaces – Request for Councils to Review Housing Densities

· 8.4 Happy Diwali 2023

· 8.5 City of Parramatta’s ‘12 Days of Christmas Charity’

Record of Voting:

For the Motion: Unanimous

8.3

Correspondence from the NSW Minister for Planning and Public Spaces – Request for Councils to Review Housing Densities

(Report by Lord Mayor Councillor Pierre Esber)

RESOLVED: Councillor Wearne and Councillor Garrard

(a) That Council note the receipt of a letter dated 30 October 2023 from the NSW Minister for Planning and Public Spaces, The Hon. Paul Scully MP regarding the need to allow for more housing in low and medium density zones across NSW (Attachment A); and

(b) That the Lord Mayor write to the Minister for Planning and Public Spaces to:

i) acknowledge receipt of the letter and the NSW Government’s commitment to increase the supply and diversity of homes across NSW;

ii) acknowledge that a strategy for increasing the mix of housing with a focus on medium density housing is an existing action in Council’s adopted Local Strategic Planning Statement and Local Housing Strategy;

iii) Council will agree to bring this action forward subject to the State Government:

a. committing to critical infrastructure projects that will unlock this capacity in particular a construction timetable detailing completion of Parramatta Light Rail Stage 2; and

b. providing funding for the studies and necessary community consultation required to progress this action.

Record of Voting:

For the Motion: Unanimous

8.4

Happy Diwali 2023

(Report by Lord Mayor Councillor Pierre Esber)

RESOLVED: Councillor Wearne and Councillor Garrard

That Council wish the City of Parramatta community a Happy Diwali having regard to recent celebrations of the festival of lights.

Record of Voting:

For the Motion: Unanimous

8.5

City of Parramatta’s ‘12 Days of Christmas Charity’

(Report by Lord Mayor Councillor Pierre Esber)

RESOLVED: Councillor Wearne and Councillor Garrard

(a) That Council note the City of Parramatta’s upcoming Christmas celebrations, including festive decorations throughout the LGA and activations planned for Parramatta Square.

(b) That Council recognise that this Christmas may be a particularly tough season for many people in the City of Parramatta community, given rising cost of living pressures.

(c) That Council note the ‘City of Parramatta’s 12 Days of Christmas Charity’, a program of charitable initiatives that seeks to connect with and help those in need in our community, as well as raise awareness of how others can add their support.

This includes donations to the following charities serving people in the Parramatta LGA:

i. Ronald McDonald House Greater Western Sydney: Gifts from the Lord Mayor’s Christmas Celebration Event and public/staff donations from City of Parramatta Giving Trees located at PHIVE, Branch Libraries, PAC, ROC and Church St office

ii. Parramatta Women’s Shelter: $5,000 donation to be presented at the Lord Mayor’s Christmas Celebration Event and Christmas tree and decorations donation from the Lord Mayor’s Christmas Celebration Event

iii. Turbans 4 Australia Food/Grocery Hampers: $1,000 donation

iv. High Street Youth Health Service End of Year BBQ for Food/Grocery Hampers: $1,000 donation

v. Parramatta Mission Meals Plus Service: $1,000 donation and Christmas tree and decorations donation from the Lord Mayor’s Christmas Celebration Event

vi. Karabi Community Development Services Grocery Assistance: $1,000 donation

vii. Pathways Community Church Food Service: $1,000 donation

Record of Voting:

For the Motion: Unanimous

PROCEDURAL MOTION

SUSPENSION OF STANDING ORDERS - MATTER OF URGENCY

Councillor Pandey sought a Suspension of Standing Orders to raise a Matter of Urgency regarding the recent passing of Dr Gorur Harinath OAM, Chairman of Parramasala and former Chairperson of the Multicultural NSW Advisory Board.

The Lord Mayor, Councillor Esber agreed that the matter was a Matter of Urgency, and allowed the matter to be considered by Council.

MATTER OF URGENCY

VALE DR GORUR HARINATH OAM

RESOLVED: Councillor Pandey and Councillor Noack

That Council notes the recent passing of Dr Gorur Harinath OAM, Chairman of Parramasala and former Chairperson of the Multicultural NSW Advisory Board and that a minute’s silence is observed.

Record of Voting:

For the Motion: Unanimous

Note: All those present observed a minute’s silence.

Note: Due to the Lord Mayor, Councillor Esber declaring a Pecuniary Interest in Item 13.8 (Parramatta CBD Planning Framework – Planning Investigation Areas). The Lord Mayor vacated the Chair at 6.47pm prior to the Public Forum.

Note: Deputy Lord Mayor, Councillor Prociv assumed the Chair at 6.47pm.

9. Public Forum

	Speaker	Report No.	Report Title
1.	Mark Green	Item 14.1	Mixed Use Land and Peninsula Park, Wentworth Point
2.	Tony Owen	Item 13.8	Parramatta CBD Planning Framework – Planning Investigation
3.	Laurie Bennett	Item 13.8	Parramatta CBD Planning Framework – Planning Investigation
4.	Cheryl Bates	Item 13.8	Parramatta CBD Planning Framework – Planning Investigation

Note: All Councillors were provided with copies of the Public Forum submissions prior to the Council Meeting.

PROCEDURAL MOTION

order of business

RESOLVED: Councillor MacLean and Councillor Pandey

That in accordance with Clause 8.2 of Council’s Code of Meeting Practice, Council amend the Order of Business for this meeting, to allow for Item 13.8 to be considered as the next item of business.

Record of Voting:

For the Motion: Unanimous

Note: Councillor Davis joined the meeting via audio-visual connection at 7.10pm.

13.8

Parramatta CBD Planning Framework - Planning Investigation Areas

(Report by Senior Project Officer Land Use)

RESOLVED: Councillor Garrard and Councillor Wearne

(a) That Council reviews the planning controls for the North East Planning Investigation Area (PIA) at the beginning of 2024 as ‘Phase 1’ of the PIA work program, informed by the finalised controls for the Church Street North Precinct currently being prepared by the Department of Planning and Environment.

(b) That Council begins the review of the planning controls for the Southern Planning Investigation Area in early 2024 as ‘Phase 2’ of the PIA work program.

(c) That Council begins the review of the planning controls for the Northern Planning Investigation Area in 2025 as ‘Phase 3’ of the PIA work program.

(d) That Council does not proceed with any strategic planning work for the Eastern Planning Investigation Area at this time and monitor possible future transport infrastructure projects and how they may impact on this precinct, as well as policy outcomes from the Department of Planning and Environment’s Church Street North Precinct work currently being prepared.

(e) That Council advises the outcomes of this report to submitters on the exhibition of the Parramatta CBD Planning Proposal whose submissions related to land situated north of the river and within the Planning Investigation Areas.

Record of Voting:

For the Motion: Councillors, Davis, Garrard, Green, MacLean, Noack, Pandey, Siviero Valjak, Wang,and Wearne,

Against the Motion: Councillor Bradley and Deputy Lord Mayor Councillor Prociv

On being PUT to the Meeting voting on the Motion was ten (10) votes FOR and two (2) votes AGAINST The Motion was CARRIED.

Note: Deputy Lord Mayor, Councillor Prociv vacated Chair at 7.13pm.

Note: Lord Mayor, Councillor Esber assumed the Chair at 7.14pm.

PROCEDURAL MOTION

order of business

RESOLVED: Councillor Noack and Councillor Siviero

That in accordance with Clause 8.2 of Council’s Code of Meeting Practice, Council amend the Order of Business for this meeting, to allow for Item 14.1 to be considered as the next item of business.

Record of Voting:

For the Motion: Unanimous

NOTICE OF MOTION

14.1

Mixed Use Land and Peninsula Park Wentworth Point

(Councillor Noack)

MOTION: Councillor Noack and Councillor Siviero

(a) That Council note that the State Government has not responded to Council’s request for it to accelerate the delivery of the Peninsula Park in accordance with Council’s resolutions made on 28 March 2022 and 10 July 2023.

(b) That Council note that the State Government has not responded to Council’s request for the mixed-use land on Burroway Road, Wentworth Point to be converted to open space purposes in accordance with Council’s resolutions made on 11 June 2022 and 10 July 2023.

i. Ensure the land they own on Burroway Road, Wentworth Point (mixed-use land) is converted to playing fields for children and families.

ii. That the land is used to ensure the full 3.9-hectare Peninsula Park is delivered to the community as promised.

iii. The new High School is given ownership of a dedicated school oval. The school oval is not part of Peninsula Park.

(d) That Council write to the Hon Chris Minns Premier of NSW, the Hon Paul Scully Minister for Planning and the Member for Parramatta, Ms Donna Davis MP calling for an urgent meeting to discuss these matters. The meeting to include, the Lord Mayor, the CEO, and Councillor Paul Noack.

AMENDMENT: Councillor Bradley and Councillor Prociv

i. Ensure the land they own on Burroway Road, Wentworth Point (mixed-use land) is converted to playing fields for children and families.

ii. That the land is used to ensure the full 3.9-hectare Peninsula Park is delivered to the community as promised.

iii. The new High School is given ownership of a dedicated school oval. The school oval is not part of Peninsula Park.

Record of Voting:

For the Amendment: The Lord Mayor, Councillor Esber, Deputy Lord Mayor, Councillor Prociv, Councillors Bradley, MacLean and Pandey

Against the Amendment: Councillors Garrard, Green, Noack, Siviero, Valjak, Wang and Wearne.

On being PUT to the meeting, voting on this AMENDMENT was five (5) votes FOR and seven (7) votes AGAINST. The Amendment was LOST.

RESOLVED: Councillor Noack and Councillor Siviero

i. Ensure the land they own on Burroway Road, Wentworth Point (mixed-use land) is converted to playing fields for children and families.

ii. That the land is used to ensure the full 3.9-hectare Peninsula Park is delivered to the community as promised.

iii. The new High School is given ownership of a dedicated school oval. The school oval is not part of Peninsula Park.

Record of Voting:

For the Motion: Unanimous

10. Petitions

There were no petitions tabled at this meeting.

11. Rescission Motions

Nil

PROCEDURAL MOTION

DEALING WITH ITEMS BY EXCEPTION

RESOLVED: Councillor Garrard and Deputy Lord Mayor, Councillor Prociv

That, in accordance with Section 13 of Council’s Code of Meeting Practice, Council resolve to adopt the following items in accordance with the recommendations as printed, without debate:

· 12.2: Investment Report for October 2023

· 12.4: Referral of Inspection Reports by Fire and Rescue NSW

· 12.5: Variations to Standards under Clause 4.6 of Parramatta LEP 2011, Auburn LEP 2010, Holroyd LEP 2013, The Hills LEP 2012, Hornsby LEP 2013, Parramatta LEP 2023

· 13.1: Quarterly Budget Review - September 2023

· 13.2: Post Exhibition: Adoption of Dividing Fence Pensioner Rebate Policy 2023

· 13.3: Proposed Council Meeting Schedule 2024

· 13.6: Gateway Request: Planning Proposal at 45 Macquarie Street, Parramatta

· 15.1: Questions Taken on Notice at the 6 November 2023 Council Meeting

· 16.1: Smoke Free Parramatta Square Report

· 16.2: Tender 04/2023 Splash Parks - Operation and Maintenance (including Water Quality)

· 16.4: Tender 20/2023 Lake Parramatta Reserve Swimming Area Lakebed Civil Construction and Associated Works, Lackey Street, North Parramatta

Record of Voting:

For the Motion: Unanimous

Note: Due to disclosing a Significant, non-pecuniary Interest in relation to the next matter (Item 14.1. Mixed Use Lad and Peninsula Park Wentworth Point), Councillor Davis left the meeting at 7.20pm.

12.2

Investment Report for October 2023

(Report of Tax and Treasury Accountant)

RESOLVED: Councillor Garrard and Councillor Prociv

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

Record of Voting:

For the Motion: Unanimous

12.4

Referral of Inspection Reports by Fire and Rescue NSW

(Report by Team Leader Building Compliance)

RESOLVED: Councillor Garrard and Councillor Prociv

(a) That Council notes the inspection reports from Fire and Rescue NSW (FRNSW), pursuant to Schedule 5, Part 8 of the Environmental Planning and Assessment Act 1979 (EP&A Act 1979).

(b) That Council note FRNSW will be advised in due course of the ongoing actions taken by Council officers to address concerns identified by FRNSW.

(c) That Council note the exercise of powers pursuant to Schedule 5, Part 8 (17) of the EP&A Act, to give fire safety orders addressing fire safety measures to the buildings located at:

1 22-24 North Rocks Road, North Rocks,

2 82 Hughes Avenue, Ermington,

3 18 Corniche Drive, Wentworth Point,

as outlined in this report and provide notice of this determination to the Commissioner of FRNSW.

Record of Voting:

For the Motion: Unanimous

12.5

Variations to Standards under Clause 4.6 of Parramatta LEP 2011, Auburn LEP 2010, Holroyd LEP 2013, The Hills LEP 2012, Hornsby LEP 2013, Parramatta LEP 2023

(Report of Group Manager - Development and Traffic Services)

RESOLVED: Councillor Garrard and Councillor Prociv

That Council receive and note the report.

Record of Voting:

For the Motion: Unanimous

13.1

Quarterly Budget Review - September 2023

(Report by Chief Financial Officer)

RESOLVED: Councillor Garrard and Councillor Prociv

(a) That Council adopt the September 2023 Quarterly Budget Review Statement (QBRS) and the Responsible Accounting Officer’s report on the financial position of the Council (Attachment 1).

(b) That Council approves the revised budget for the 2023/24 financial year:

i) Net operating result (including capital) of $109.7 million.

ii) Capital revenue of $117.7 million.

iii) Capital expenditure of $311.9 million, including a rollover of $45.5m from FY2023.

Record of Voting:

For the Motion: Unanimous

13.2

Post Exhibition: Adoption of Dividing Fence Pensioner Rebate Policy 2023

(Report by Policy Officer)

RESOLVED: Councillor Garrard and Councillor Prociv

That Council adopts the Dividing Fence Pensioner Rebate Policy 2023 as attached to this report.

Record of Voting:

For the Motion: Unanimous

13.3

Proposed Council Meeting Schedule 2024

(Report of Chief Governance & Risk Officer)

RESOLVED: Councillor Garrard and Councillor Prociv

(a) That Council endorse the proposed Council Meeting Schedule for the 2024 calendar year, as attached to this report.

(b) That the CEO investigate options and submit a report to Council before 31 March 2024 to improve the governance and performance of Council and Committee meetings including options for Advisory and Standing Committees beyond the next Local Government Elections in September 2024.

Record of Voting:

For the Motion: Unanimous

13.6

Gateway Request: Planning Proposal at 45 Macquarie Street, Parramatta

(Report of Project Officer)

RESOLVED: Councillor Garrard and Councillor Prociv

(a) That Council approve the Planning Proposal at Attachment 1 for the purposes of seeking a Gateway Determination from the Department of Planning and Environment (DPE) for land at 45 Macquarie Street, Parramatta which seeks to amend the Parramatta Local Environmental Plan 2023 (PLEP 2023) as follows:

i. To reduce the curtilage of the archaeological site identified on Schedule 5 of the PLEP 2023 (SP 94346, SP 94348 and SP 94349) to be consistent with the State Heritage Register listing of the item.

(b) That Council request the DPE be authorised to exercise its plan-making delegations for this Planning Proposal.

(c) That Council note the Local Planning Panel’s advice to Council (refer to Attachment 2) is consistent with the Council Officer’s recommendation in this report.

(d) That Council authorise the CEO to correct any minor anomalies of a non-policy and administrative nature that may arise during the preparation and processing of the Planning Proposal.

Record of Voting:

For the Motion: Unanimous

15.1

Questions Taken on Notice at the 6 November 2023 Council Meeting

(Report of Council Secretariat & Policy Officer)

RESOLVED: Councillor Garrard and Councillor Prociv

Clr Garrard asked a question on item 13.4 Review of Options for Proposed Locality (Suburb) Boundary Adjustment – Harris Park

· When will the public consultation take place, when will it commence?

Acting Director Property and Place Response:

Public consultation is scheduled to commence on Monday, 27 November 2023 until Monday 18 December 2023.

Lord Mayor Councilor Esber asked a question on a Matter of Urgency – Installation of plaque in Rosella Park

· In terms of the relocation of the plaque, where would the suitable exact location be?

Acting Director Property and Place Response:

Staff will not be in a position to advise on the most appropriate location until such time as the streetscape upgrade designs are completed and will be subject to the current grant funding application being successful.

Clr Noack asked a question on a Matter of Urgency – Installation of plaque in Rosella Park

· In terms of correspondence and contact between the Federal Member for Parramatta and the City of Parramatta who contacted who first?

· Can you name the Council Officer that was contacted by the Federal Member for Parramatta?

Acting Director Property and Place Response:

A representative from the Office of Dr Andrew Charlton MP contacted Council’s Precinct Place Manager regarding the proposed site for the temporary plaque.

Record of Voting:

For the Motion: Unanimous

16.1

Smoke Free Parramatta Square Report

(Report of Group Manager Regulatory Services)

RESOLVED: Councillor Garrard and Councillor Prociv)

(a) That Council receives and notes this report.

(b) That Council undertakes community consultation of all stakeholders of Parramatta and Centenary Squares, including adjoining areas, regarding the introduction of No Smoking signage for a period of 28 days.

(c) That Council notes that a specific No Smoking Policy is not necessary or required as the Act and its regulations are specific and prescriptive to manage any potential issues related to Smoking in Public Places.

Record of Voting:

For the Motion: Unanimous

16.2

Tender 04/2023 Splash Parks - Operation and Maintenance (including Water Quality)

(Report of Group Manager Parks & Open Space)

RESOLVED: Councillor Garrard and Councillor Prociv

(a) That Council approve the tender submitted by Neverstop Water Pty Ltd to manage the operation, maintenance, and function of Council’s owned / or operated Splash-parks in accordance the schedule of rates (programmable works) yearly contract sum of $136,095.84 (excl. GST) for an initial contract term of three (3) years with the option to extend 2 x 1 years with a maximum contract sum of $680,479.20 (ex GST) plus reactive maintenance works to be quoted against submitted schedule of rates captured under the splashpark maintenance budget.

(b) That all unsuccessful tenderers be advised of Council’s decision in this matter.

Record of Voting:

For the Motion: Unanimous

16.4

Tender 20/2023 Lake Parramatta Reserve Swimming Area Lakebed Civil Construction and Associated Works, Lackey Street, North Parramatta

(Report of Group Manager Capital Projects)

RESOLVED: Councillor Garrard and Councillor Prociv

(a) That, in accordance with Section 178 of the Local Government General Regulation 2021, Council rejects all tenders received, and enter into negotiations with any person (whether or not the person was a tenderer) with a view to entering into a contract in relation to the subject matter of the tender.

(b) That all tenderers be advised of Council’s decision in this matter.

Record of Voting:

For the Motion: Unanimous

Note: Councillor Davis returned to the meeting at 7.44pm.

12.1

Minutes of Audit Risk and Improvement Committee Meeting held on 17 August 2023

(Report of Coordinator Internal Audit)

RESOLVED: Deputy Lord Mayor, Councillor Prociv and Councillor MacLean

That Council receive and note the confirmed Minutes from the Audit, Risk and Improvement Committee (ARIC) meeting held on 17 August 2023.

Record of Voting:

For the Motion: Unanimous

Question Taken on Notice ( DLM Clr Prociv) - Item 12.1 Minutes of Audit Risk and Improvement Committee held on 17 August 2023

On page 32. Report on Parramatta Aquatic Centre. Currently there are two significant risks but it doesn’t say what they are. Could you let us know what these two risks are?

12.3

City of Parramatta Annual Report 2022/23

(Report by Corporate Strategy Manager)

RESOLVED: Councillor Pandey and Councillor Garrard

That Council receive and note the City of Parramatta Council Annual Report 2022/23 provided at Attachment 1.

Record of Voting:

For the Motion: Unanimous

Question Taken on Notice (Clr Bradley) - Item 12.3 - City of Parramatta Annual Report 2022/23

Can you please clarify how we arrived at the number of 1300 staff working at Council as noted in the report?

On page 89. It says there has only been 1 environmental upgrade agreement entered into by Council. Could staff advise what the barriers are and how could we encourage more businesses or property owners to engage in these arrangements?

Question Taken on Notice (Clr Valjak) - Item 12.3 - City of Parramatta Annual Report 2022/23

There is an error in the statistics quoted for Councillor attendance, could this be corrected?

12.6

Naming proposal for unnamed new road infrastructure in Rosehill

(Report by Place Manager)

RESOLVED: Deputy Lord Mayor, Councillor Prociv and Councillor MacLean

(a) That Council endorses the proposed name of Longworth Road for the unnamed roadway which forms part of the development at the former Clyde Refinery terminal located at Durham Street, Rosehill.

(b) That the preferred name for the unnamed roadway be referred to the Geographical Names Board (GNB) of NSW for formal assignment and Gazettal under the Geographical Names Act 1996.

Record of Voting:

For the Motion: Unanimous

13. Reports to Council - For Council Decision

13.4

Proposed Youth Inclusion Framework

(Report of Community Capacity Building Lead)

MOTION: Councillor MacLean and Lord Mayor, Councillor Prociv

(a) That Council endorse the development of a Youth Inclusion Framework, to provide a stronger framework to support and enhance Council programs and services that impact young people, and better inform future Council responses to gaps in needs.

(b) That the results of research and consultation with young people and other stakeholders, and a draft Youth Inclusion Framework be submitted to Council before 31 March 2025 for consideration.

AMENDMENT: Councillor Green and Councillor Garrard

That this matter be deferred to the next Council Meeting to allow for supplementary information to be prepared for the information of Council.

Record of Voting:

For the Amendment: Unanimous

RESOLVED: Councillor Green and Councillor Garrard

That this matter be deferred to the next Council Meeting to allow for supplementary information to be prepared for the information of Council

Record of Voting:

For the Motion: Unanimous

13.5

Verge Planting and Landscaping Treatments at Entry Points to the City of Parramatta

(Report of Group Manager Parks & Open Space)

RESOLVED: Deputy Lord Mayor, Councillor Prociv and Councillor MacLean

(a) That Council undertakes a feasibility study identifying the major entry points to the city and the capacity to improve the visual amenity, the study to include:

1 List of major entry points.

2 Land ownership for each site.

3 Options for partnering with current landowners.

4 Current maintenance schedules or contracts.

5 Proposed embellishments such as landscaping and or signage.

(b) That Council continues to maintain Council owned land at entry points to existing service levels and standards.

(c) That the CEO obtain quotations to relocate the boundary sign on Silverwater Rd to the Northern side of the M4 near Beaconsfield St Silverwater and consult with ward Councillors prior to any relocation of the sign.

(d) That Council authorise the CEO to commence discussions with the NSW Roads and Maritime Services (RMS) to improve the visual amenity and cleanliness of the neglected open space area at the entrance to the City, at the James Ruse Drive West bound exit ramp from the M4 motorway intersection at Rosehill, opposite Martha Street, including the construction of a footpath along James Ruse Drive between Grand Avenue and Prospect Street, Rosehill.

(e) That Council prepare a report on the feasibility and possible costs of identifying the Gateway to Parramatta Local Government Area from the east via Epping and Melrose Park and suggestions for public consultation of a possible Gateway and its treatment.

(f) That Council prepare a report on the feasibility and possible costs of identifying the Gateway to Parramatta Local Government Area on Australia Avenue (at the major roundabout Homebush) and suggestions for public consultation of a possible Gateway and its treatment.

Record of Voting:

For the Motion: Unanimous

13.7

Expression of Interest - Selection of Citizen Representatives - Citizen of the Year Awards Judging Panel

(Report of Team Leader Civic Program and Protocol)

RESOLVED: Deputy Lord Mayor, Councillor Prociv and Councillor MacLean

(a) That Council appoint the following persons to the 2024 Citizen of the Year Awards Judging Panel:

· Suzanne Fawcus

· Shant Ohannessian

(b) That Omar Saeed Khan be appointed on an eligibility list in the event a member resigns or withdraws their application.

(c) That Council extend its appreciation to unsuccessful applicants, thanking them for their time they taken to submit their application and their interest in supporting the work of Council through membership of the relevant Committee.

Record of Voting:

For the Motion: Unanimous

Note: Item 13.8 was dealt with earlier in the meeting as detailed in these Minutes.

14. Notices of Motion

Note: Item 14.1 was dealt with earlier in the meeting as detailed in these Minutes.

15. Question with Notice

Note: Item 15.1 was dealt with earlier in the meeting as detailed in these Minutes.

PROCEDURAL MOTION

Move to closed session

RESOLVED: Councillor Wearne and Councillor MacLean

That at this time of the meeting, being 8.44pm, the Lord Mayor, Councillor Esber advised that the meeting would move into Closed Confidential Session to allow consideration of matters in Closed Session in accordance with Section 10A of the Local Government Act 1993. Accordingly, members of the press and public are excluded from the closed session and access to the correspondence and reports relating to the items considered during the course of the Closed Session will be withheld.

This action is taken to discuss:

Item 16.3 Tender 09/2023 Hunts Creek Bridge Construction, North Rocks Road, North Parramatta. (Report of Project Manager)

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.

Item 16.5 Tender ITT 19/2023 Events Services - Structures, Power, Furniture. (Report of Digital & Creative Manager)

This report is confidential in accordance with section 10A (2) (c) (d) of the Local Government Act 1993 as the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business; AND the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

Record of Voting:

For the Motion: Unanimous

Note: The Council moved to Closed Confidential Session at 8.45pm.

16. CLOSED SESSION

16.3

Tender 09/2023 Hunts Creek Bridge Construction, North Rocks Road, North Parramatta

(Report of Project Manager)

RECOMMENDATION: Councillor Garrard and Councillor Noack

(a) That the tender submitted by Abergeldie Contractors Pty Ltd for construction of a bridge over Hunts Creek at North Rocks Road, North Parramatta for the sum of $11,523,216.40 (excluding GST), be accepted.

(b) That Council receive this report and note the receipt of $2M in grant funding from the Australian Federal Government’s Bridge Renewal Program, and an additional $2.5M in grant funding from the NSW State Government’s Infrastructure Betterment Fund, towards this project.

(c) That Council approve the carryover and reallocation of $834,018 in unused FY 2022/23 Reserve Funding, as outlined in this report, and allocate these funds to the Hunts Creek Bridge construction project for FY 2024/25.

(d) That all unsuccessful tenderers be advised of Council’s decision in this matter.

(e) That Council delegate authority to the Chief Executive Officer to finalise and execute all necessary documents.

Record of Voting:

For the Motion: Unanimous

Question Taken on Notice (Clr Valjak) - Item 16.3 - Tender 09/2023 Hunts Creek Bridge Construction, North Rocks Road, North Parramatta

Could the CEO please arrange an Urgent Briefing in order to provide further information to Ward Councillors (and any other Councillors) on this matter.

Requested for a Communications Plan for Councillors to refer to/use.

Question taken on Notice (Clr Pandey) -: Item 16.3 - Tender 09/2023 Hunts Creek Bridge Construction, North Rocks Road, North Parramatta

Was this matter identified and ‘picked up’ on the Risk Register?

When will Council receive a report regarding the bridges across the LGA?

16.5

Tender ITT 19/2023 Events Services - Structures, Power, Furniture

(Report of Digital & Creative Manager)

RECOMMENDATION: Councillor Garrard and Councillor Wearne

(a) That Council approve the appointment of the six suppliers in Attachment for the establishment of two panels to provide structures and furniture and power for an initial contract period of three (3) years with two (2) one-year options.

(b) That it be noted that the Council endorsed budget for Structures and Furniture is $283,500.00 (ex gst) per annum, or $1,417,500.00 over 5 years and for Power $122,750.00 (ex gst) per annum or $613,750.00 (ex gst) over 5 years.

(c) That Council note, panellists have submitted a schedule of rates based on Council’s current event schedule, and awarding of work is to be based on the panellist’s ability to meet Council’s timelines and scope on individual events, as required.

(d) That all unsuccessful tenderers be advised of Council’s decision in this matter.

(e) That Council delegate authority to the Chief Executive Officer to finalise and execute all necessary documents.

Record of Voting:

For the Motion: Unanimous

PROCEDURAL MOTION

RETURN TO OPEN SESSION

RESOLVED: Councillor Noack and Councillor MacLean

That Council move to Open Session.

Record of Voting:

For the Motion: Unanimous

Note: Council returned to Open Session at 9.18pm.

17. REPORTS OF RESOLUTIONS PASSED IN CLOSED SESSION

Note: The recommendation of the Closed Session in relation to Items:

· 16.3 Tender 09/2023 Hunts Creek Bridge Construction, North Rocks Road, North Parramatta; and

· 16.5 Tender ITT 19/2023 Events Services - Structures, Power, Furniture

............... were received and noted as a resolution of Council without any alteration and amendment thereto.

16.3

Tender 09/2023 Hunts Creek Bridge Construction, North Rocks Road, North Parramatta

(Report of Project Manager)

RESOLVED: Councillor Garrard and Councillor Noack

(d) That all unsuccessful tenderers be advised of Council’s decision in this matter.

(e) That Council delegate authority to the Chief Executive Officer to finalise and execute all necessary documents.

Record of Voting:

For the Motion: Unanimous

16.5

Tender ITT 19/2023 Events Services - Structures, Power, Furniture

(Report of Digital & Creative Manager)

RESOLVED: Councillor Garrard and Councillor Wearne

(d) That all unsuccessful tenderers be advised of Council’s decision in this matter.

(e) That Council delegate authority to the Chief Executive Officer to finalise and execute all necessary documents.

Record of Voting:

For the Motion: Unanimous

18. CONCLUSION OF MEETING

The meeting concluded at 9.19pm.

This page and the preceding 26 pages are the Minutes of the Ordinary Council Meeting held on Monday, 20 November 2023 and are to be confirmed at the 4 December 2023.

Chairperson

Council 4 December 2023 Item 13.3

REPORTS TO COUNCIL - FOR COUNCIL DECISION

ITEM NUMBER 13.3

SUBJECT Adoption of Community and Crown Land Plan of Management

REFERENCE F2022/03176 - D09167295

REPORT OF Senior Open Space & Natural Area Planner

csp theme: GREEN

workshop/briefing date: Nil

PURPOSE:

To report to Council on the feedback received from public exhibition of the draft Community and Crown Land Plan of Management, to note the approval of the Minister for Crown Lands, and to recommend the amended Community and Crown Land Plan of Management for Council approval under the Local Government Act 1993.

RECOMMENDATION

(a) That Council notes the 10 submissions made during the 42-day public exhibition period of the draft Community and Crown Land Plan of Management (Attachment 1).

(b) That Council adopts the Community and Crown Land Plan of Management (Attachment 2) as amended in response to submissions under Section 40 of the Local Government Act 1993.

(c) That copies of the adopted Community and Crown Land Plan of Management be made publicly available on Councils website and at Council libraries.

(d) Further, that all respondents who provided a submission during the public exhibition be advised of Council’s decision and thanked for their contribution to the Community and Crown Land Plan of Management.

BACKGROUND

1. Council manages approximately 380 parks and reserves that comprise over 1500 parcels of land reserved for public purposes and community use, such as parks, sporting fields and bushland. This includes ‘Community’ land managed under the Local Government Act 1993 (LG Act) as well as ‘Crown’ land managed as per the Crown Land Management Act 2016 (CLM Act).

2. Community land comprises land under Council ownership and land owned by other government agencies under Council care, control and management (excluding Crown land). The LG Act requires that all Community land be managed in accordance with a plan of management (PoM) consistent with the prescribed core objectives for the category assigned to the land. It requires that a PoM is to:

· categorise the land based upon its characteristics and intended use/s

· identify core objectives, performance targets and actions

· authorise permissible activities and uses (including leases and licences)

3. Crown land is owned by the NSW Government and can be reserved or dedicated for a public purpose under the CLM Act, such as Public Recreation or Environmental Protection. Council can be appointed as ‘Crown Land Manager’ to manage the land on behalf of the NSW Government, which must be consistent with the gazetted reserve or dedication purpose/s.

4. The CLM Act commenced on 1 July 2018 and authorises Council to manage Crown land for which it has been appointed as Crown Land Manager as public land under the LG Act. This legislation requires that Council categorise and prepare a new PoM for all dedicated and reserved Crown land under its management.

5. Local government boundary changes in May 2016 created the City of Parramatta local government area (LGA). This facilitated the transfer of Community and Crown land formerly managed by five (5) different LGAs (Auburn, Holroyd, Hornsby, Parramatta and The Hills) to the City of Parramatta LGA. These changes resulted in thirteen (13) different PoMs adopted between 1997 and 2014 now applying to Community and Crown land managed by Council, which has created an inconsistent and unnecessarily complex management framework.

6. The existing PoMs adopted by Auburn, Holroyd, Hornsby, Parramatta, and The Hills LGAs previously categorised most of the Community land now managed by Council. Any Community land recently transferred under Council ownership and not covered by the existing thirteen (13) PoMs requires categorisation in accordance with the guidelines under the Local Government (General) Regulation 2021.

7. The CLM Act also required Council to assign an initial land category to all Crown Land under its management. This was to be based upon the category most closely aligned to the purposes for which the land was dedicated or reserved, being:

Reservation Purpose	LG Act Category
Access	General Community Use
Cemetery	General Community Use
Environmental Protection	Natural Area
Public Recreation	Park

8. Council engaged external consultants to prepare a new single consolidated plan of management for all Council managed Community and Crown land (CCLPoM). It harmonises and updates existing plans of management to ensure Council meets legislative requirements whilst providing a consistent management framework for all Council managed parks and reserves within the LGA.

9. The draft CCLPoM was endorsed for public exhibition at the 25 July 2022 Council meeting. This Council resolution stated:

a. That Council endorse the draft Community and Crown Land Plan of Management for public exhibition for a minimum of 42 days in accordance with the Local Government Act 1993.

b. That Council seek approval from the Department of Planning and Environment (Crown Lands) to publicly exhibit the draft Community and Crown Land Plan of Management.

c. That Council refer the draft Community and Crown Land Plan of Management to the owners of land under Council care, control and management for comment prior to public exhibition.

d. Further, that a report be submitted to Council upon the completion of the public exhibition period for consideration of any submissions received and approval of the final Community and Crown Land Plan of Management.

10. The draft CCLPoM was publicly exhibited for a 42-day period between 3 July 2023 and 14 August 2023 following Crown Lands approval and government landowner referral. Council received ten submissions during the public exhibition period, with the majority being generally positive indicating broad community support, and only minor or administrative amendments required prior to adoption.

11. The amended CCLPoM was subsequently referred to the Minister responsible for Crown Lands for consent to adopt as required under the Crown Land Management Regulation 2018. Ministerial consent was received on 7 November 2023 permitting the CCLPoM to be considered for Council adoption under the LG Act.

ISSUES/OPTIONS/CONSEQUENCES

12. Community and Crown land is currently managed under thirteen (13) PoMs adopted between 1997 and 2014. These existing PoMs require significant update to reflect legislative and policy changes, as well as current community values and evolving management issues. Significant population growth and increasing urban densities also requires Council to maximise the activation and capacity of its Community and Crown land.

13. The CCLPoM harmonises and updates the existing PoMs (Attachment 2). It will apply to all parks and reserves under Council management to ensure legislative compliance, remove unnecessary duplication and to provide a consistent and transparent decision-making framework. This consolidated PoM is based upon review of existing PoMs, internal stakeholder issues paper and community feedback to ensure it reflects current community and stakeholder values and expectations as well as other relevant Council strategies, plans and policies.

14. The CCLPoM provides a broad management framework and is not intended to facilitate any significant changes to ongoing management or use. It does not include any provisions specific to individual parks and reserves. Site-specific landscape masterplans, heritage conservation plans, as well as other Council strategies and plans, such as the Community Infrastructure Strategy, will continue to guide capital upgrades and other on-ground works.

Infrastructure and Use

15. The CCLPoM permits a broad range of activities, facilities and uses to maximise the activation and enjoyment of Community and Crown land. It also authorises a diversity of purposes for which Council can grant leases, licences and other estates over Community and Crown land based upon the land categorisation as required under the LG Act. These authorised purposes are consistent with the community land category core objectives, as well as the dedication or reservation purpose/s for Crown land to ensure compliance with legislative requirements.

16. The CCLPoM requires any activities or use of Community and Crown land to be in the public interest, compatible with the carrying capacity and intended function of the land, as well as the wider surrounding community and environmental context. It requires that all proposed activities and infrastructure will continue to be assessed on an individual case-by-case basis and are subject to other applicable legislative assessment and/or approval requirements.

Community Values

17. Community values are an essential consideration in the management of Community and Crown land to ensure that it meets current and future needs and expectations. A community survey was undertaken to capture current community values and to provide insights into community use of Council parks and reserves to inform the CCLPoM (Refer Attachment 3). This engagement identified the following key values for Community and Crown land:

· natural settings including shade trees, bushland and habitat

· places and facilities to walk, exercise, and train or compete for sport

· free and accessible places for people of all ages and abilities

· clean waterways and good water quality

· well-maintained places free from waste, weeds and pests, antisocial behaviour and vandalism

18. A Social Return on Investment (SROI) assessment of Council parks and sportsgrounds has also highlighted the benefits of Community and Crown land to the community. The SROI identifies the following values that have also provided a basis for the CCLPoM actions and performance targets:

· Access to quality green open space is beneficial for physical and mental health and wellbeing

· Green open space improves social connections and supports the development of vibrant communities by providing a place for activity and opportunities to interact

· Accessible and safe green open spaces foster active play, which is associated with physical, cognitive and social benefits for children

· Residents in high rise dwellings benefit from the provision of accessible green space.

Core Objectives and Management Issues

19. Council must manage Community and Crown land in accordance with the core objectives prescribed for the assigned land category under the LG Act. This legislation also requires that a PoM includes:

· core objectives and performance targets

· means by which Council proposes to achieve the objectives and performance targets (Actions)

· manner in which Council proposes to assess performance with respect to objectives and performance targets (Indicators).

20. A review of existing PoMs and internal stakeholder team workshops identified key management issues that can potentially impact community values and core objectives for Community and Crown land (Refer Attachment 4). The CCLPoM identifies performance targets, actions and indicators to address these management issues, which include:

· Access and Connectivity

· Biodiversity and Ecology

· Community Education and Involvement

· Contamination

· Cultural Heritage

· Domestic and Pest Animals

· Erosion and Stormwater

· Fire Management

· Litter and Dumping

· Maintenance

· Planning

· Recreational Facilities and Use

· Safety and Risk Management

· Unauthorised Use and Encroachments

Land Categorisation

21. Community land categorisation must be in accordance with the guidelines prescribed in the Local Government (General) Regulation 2021. This includes one or more of the following categories:

· General Community Use

· Natural Area (Bushland, Escarpment, Foreshore, Watercourse, Wetland)

· Park

· Sportsground

· Area of Cultural Significance

Multiple categories can apply to an individual park or reserve but are not to overlap. Where multiple categories apply, they are to be clearly illustrated by maps within a PoM.

22. The CCLPoM does not categorise any Community or Crown Land as an ‘Area of Cultural Significance’ consistent with the existing PoMs. Any land subsequently identified with Aboriginal, aesthetic, archaeological, historical, technical or research significance could be considered for future categorisation as an ‘Area of Cultural Significance’ and would require a specific PoM.

23. Most Crown land under Council management was initially required to be categorised as ‘Park’ as has been dedicated or reserved for a ‘public recreation’ purpose under the CLM Act. This initial categorisation is inconsistent for land that comprises bushland or sporting fields. The CCLPoM provides the mechanism to re-categorise Crown reserves to reflect their physical characteristics and intended use/s more appropriately.

24. A review of existing land categorisation was undertaken to ensure that it is applied consistently for all Community and Crown land within the CCLPoM in accordance with the prescribed guidelines. Most of the parks and reserves covered by existing Community land PoMs have retained their existing categorisation or are only subject to minor refinements to improve consistency throughout the LGA (Attachment 5). No significant changes to categorisation are proposed within the CCLPOM except where:

a. Land recently transferred to Council and not previously categorised under an existing PoM

b. Crown land reservation purpose is inconsistent with the land characteristics

c. substantial landuse changes i.e. new sportsground

25. The LG Act requires that any new or amended categorisation proposed within the CCLPoM is subject to an independently chaired public hearing during the public exhibition. An online public hearing was conducted on 26 September 2023 to provide the community with an opportunity to discuss any concerns with the land categorisation proposed under the CCLPoM. No submissions or objections to the proposed categorisation were received at the public hearing (Refer Attachment 6).

CONSULTATION & TIMING

26. The draft CCLPoM was referred to the landowners of public reserves under Council care, control and management following Council endorsement. This included the following government agencies:

a. Sydney Water

b. Transport for NSW

c. Office of Strategic Lands

d. Housing NSW

Minor feedback received during the referral period was incorporated into the draft CCLPoM prior to public exhibition as per Section 39 of the LG Act.

Public Exhibition

27. The CLM Act requires Crown Lands approval prior to public exhibition as the draft CCLPoM amended the initial land categorisation applied to some Crown reserves. Council is also required under the Crown Land Management Regulation 2018 to obtain the written consent of the Minister to adopt a plan of management applying to Crown land following public exhibition. Public exhibition approval was only granted following a 10-month review period by the Crown, which resulted in a significant delay to commencement of the public exhibition.

28. The draft CCLPoM was placed on public exhibition for a 42-day period between 3 July 2023 and 14 August 2023 in accordance with LG Act requirements following Crown approval. This primarily used the ‘Participate Parramatta’ online engagement portal with a dedicated webpage for project information, mapping tool, FAQs and feedback. It also involved the following activities:

a. Social media campaign (e.g. Facebook, community newsletter)

b. Parra News advertisement

c. Key stakeholder notification (e.g. bushcare volunteers, sporting users, government authorities)

d. Online public hearing

e. Council library hardcopies

29. Engagement data indicates that over 127,000 people were notified of the opportunity to provide feedback during the public exhibition. There were 3381 views of the ‘Participate Parramatta’ project page and 269 document downloads.

30. Council received ten (10) community and stakeholder submissions during the 6-week public exhibition period, with one (1) person attending the public hearing. Most submissions (6) were generally supportive, with four (4) suggesting changes to the land categorisation of a small number of individual reserves. The relatively small number of submissions received during the public exhibition period indicate overall community support (Refer Attachment 1).

31. Only minor or administrative amendments are recommended prior to adoption under the LG Act. These include additional or amended performance targets in response to submissions (Refer Attachment 7). No suggested changes to land categorisation are supported as the proposed categories for the subject reserves have been retained from previous PoMs and/or are consistent with their current use and management.

Stakeholder Consultation

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

Date	Stakeholder	Stakeholder Comment	Council Officer Response	Responsibility
3 Dec 2019 (Internal Workshops)	Community Capacity, Events, Parks, Place, Property, Regulatory, OS&NR, Recreation team representatives	8 workshops with internal stakeholder teams to identify key management issues	Feedback collated to develop a Community and Crown land management issues paper (Attachment 4).	Open Space and Natural Resources
16 Nov – 14 Dec 2020 (Stage 1 Consultation)	Community Survey (Stage 1)	116 submissions	Feedback informed the community values and key management issues in the draft plan of management (Attachment 3)	Open Space and Natural Resources
Sep – Oct 2021 (Draft CCLPoM Internal Review)	Capital Projects, City Strategy, Cleansing, Community Capacity, Events, Parks, Place, Property, Regulatory, OS&NR, Recreation Urban Design teams	Draft CCLPoM referred to internal stakeholder teams for review and feedback	Feedback collated and minor amendments incorporated into draft CCLPoM	Open Space and Natural Resources
12 Oct 2021 (Draft CCLPoM Legal Review)	Legal Services	Draft CCLPoM referred to Legal Services team to ensure compliance with legislative requirements	Advised draft CCLPoM complies with relevant legislation	Open Space and Natural Resources
15 Nov 2021 (Preliminary Native Title Advice)	Lands Advisory Services (Native Title Manager)	Draft CCLPoM referred to Native Title Manager to ensure compliance with CLM Act requirements	Advised draft CCLPoM complies with native title legislation subject to minor amendments	Open Space and Natural Resources
19 Aug – 16 Sep 2022 (Government Landowner Referral)	Transport for NSW Sydney Water Office of Strategic Lands Housing NSW	Draft CCLPoM referred in accordance with LG Act requirements	Administrative amendments incorporated into draft CCLPoM prior to public exhibition	Parks and Open Space
19 Aug 2022 – 28 May 2023 (Crown Lands Public Exhibition Approval)	Crown Lands	Draft CCLPoM referred in accordance with CLM and LG Act requirements	Approval subject to minor amendments incorporated into draft CCLPoM prior to public exhibition (Attachment 7)	Parks and Open Space
3 July – 14 August 2023 (Public Exhibition)	Community Sporting Groups Bushcare Groups Park Committees Government Agencies Public Utilities	Notification of 42-day draft CCLPoM public exhibition and submission period	Public submissions collated and minor amendments incorporated into amended CCLPoM (Attachment 7)	Parks and Open Space
11 Sep 2023 (Public Hearing)	Community and Stakeholders	Online public hearing into land categorisation	No submissions received (Attachment 6)	Parks and Open Space
27 Sep 2023 (Final Native Title Advice)	Lands Advisory Services (Native Title Manager)	Amended CCLPoM referred to Native Title Manager to ensure compliance with CLM Act requirements	Advised amended CCLPoM complies with native title legislation (Attachment 8)	Parks and Open Space
28 Sep – 7 Nov 2023 (Crown Lands Consent to Adopt)	Crown Lands	Amended CCLPoM referred in accordance with CLM Act requirements	Minister’s consent to adopt CCLPoM (Attachment 9)	Parks and Open Space

Councillor Consultation

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

Date	Councillor	Councillor Comment	Council Officer Response	Responsibility
9 Nov 2020 (Briefing Note)	All Councillors	No feedback received	Advise Councillors of Stage 1 community consultation	Open Space and Natural Resources
22 June 2022 (Briefing Note)	All Councillors	No feedback received	Inform Councillors prior to seeking public exhibition endorsement	Open Space and Natural Resources
25 July 2022 (Council Report)	All Councillors	Approval of public exhibition and landowner referral	Referral to government landowners (including Crown) and public exhibition	Parks and Open Space
26 June 2023 (Briefing Note)	All Councillors	No feedback received	Advise Councillors of public exhibition commencement	Parks and Open Space
28 Sep 2023 (Briefing Note)	All Councillors	No feedback received	Inform Councillors of public exhibition outcomes	Parks and Open Space

LEGAL IMPLICATIONS FOR COUNCIL

34. The CLM Act prescribes that Council ensures Crown land is managed in accordance with the requirements of the Native Title Act 1993 (NT Act). Whilst there are no current native title claims over Crown land under Council management, any proposed public works on Crown land potentially require Council to notify the Aboriginal and Torres Strait Islander representative body in accordance with procedural rights under the NT Act. Council may also be liable to indemnify the NSW Government in the payment of any compensation in the unlikely event of a determination native title exists on Crown land under its management.

35. The NT Act also requires that the advice of a qualified ‘native title manager’ be obtained for a PoM that authorises public works or tenure over the land that may affect native title. A ‘native title manager’ has reviewed the CCLPoM (as amended) and provided written advice to Council as required under the CLM Act (Attachment 8). This advice confirms that the CCLPoM complies with the applicable provisions of the NT Act.

36. The LG Act permits Council to grant leases and licences over Community land for a period of up to 30 years (including any period for which they could be renewed by the exercise of an option). It requires that any leases, licences or other estates (with the exception of filming or public utilities) must be ‘expressly authorised’ in a PoM. These must be consistent with the applicable land category core objectives under the LG Act as well as the reservation or dedication purpose for Crown land under the CLM Act. Any activities authorised under the CCLPoM may also require development consent, permits or approvals under other legislation.

37. Council is required to adopt a new PoM for all Crown land under its management in accordance with the CLM Act. The PoM must only authorise activities and tenures (leases, licenses and other estates) that are consistent with the applicable Crown reservation or dedication purpose and are a valid ‘act’ under native title legislation.

38. The CLM Act only permits Council to grant temporary licences for up to 12 months or to renew existing leases and licences for Crown land pending the adoption of a new compliant PoM. Council is therefore not able to grant new leases, or licences greater than 12 months over Crown land without a new PoM being in-force. This new CCLPoM will ensure a consistent and legislatively compliant framework for leases, licenses and other estates over Community and Crown land.

FINANCIAL IMPLICATIONS FOR COUNCIL

39. The CCLPoM consultancy fees and public exhibition were primarily funded by a $33,000 grant from the NSW Office of Local Government. Any additional costs were sourced from existing approved Parks and Open Space budgets.

40. The CCLPoM provides a broad framework the complies with legislative requirements for the ongoing management of Community and Crown land. The document does not propose any specific reserve upgrades or other on-ground works.

41. If Council resolves to approve this report in accordance with the proposed resolution, there are no unbudgeted financial implications for Council’s budget.

Troy Holbrook

Senior Open Space & Natural Area Planner

Megan Ryan

Strategic Recreation Planner

Terry Johnson

Group Manager Parks & Open Space

James Smallson

Acting Executive Director City Assets & Operations

Roxanne Thornton

Chief Governance & Risk Officer

John Angilley

Executive Director Finance & Information

Gail Connolly

Chief Executive Officer

Attachments:

1 ⇩	Public Exhibition Submissions Summary	4 Pages
2 ⇩	Community and Crown Land Plan of Management	205 Pages
3 ⇩	Stage 1 Consultation Key Findings Report	14 Pages
4 ⇩	Community and Crown Land Management Issues Paper	38 Pages
5 ⇩	Community Land Categorisation Amendments	10 Pages
6 ⇩	Public Hearing Report	34 Pages
7 ⇩	Post-Endorsement and Post-Exhibition Amendments Summary	4 Pages
8 ⇩	Native Title Manager Advice	46 Pages
9 ⇩	Crown Ministers Consent to Adopt	1 Page

REFERENCE MATERIAL

Council 4 December 2023 Item 13.4

REPORTS TO COUNCIL - FOR COUNCIL DECISION

ITEM NUMBER 13.4

SUBJECT Public Exhibition of Housekeeping Amendments to Parramatta City Centre Local Infrastructure Contributions Plan 2022

REFERENCE F2022/03176 - D09145577

REPORT OF Senior Project Officer

CSP THEME: INNOVATIVE

workshop/briefing date: NIL

PURPOSE:

The purpose of this report is to outline the administrative changes proposed to the Parramatta City Centre Local Infrastructure Contributions Plan 2022 as part of a housekeeping amendment to the Plan. The report recommends that Council endorse the Draft Parramatta City Centre Local Infrastructure Contributions Plan 2022 (Amendment No. 2) for the purposes of public exhibition.

RECOMMENDATION

(a) That Council endorse the Draft Parramatta City Centre Local Infrastructure Contributions Plan 2022 (Amendment No. 2) provided at Attachment 1 for public exhibition.

(b) That the draft Plan be publicly exhibited for a minimum of 28 days commencing in late January 2024.

(d) Further, 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 making process.

BACKGROUND

1. The Parramatta City Centre Local Infrastructure Contributions Plan 2022 (the Plan) originally came into effect on 14 October 2022, at the same time as the commencement of Amendment 56 to Parramatta Local Environmental Plan 2011, which introduced increased height and densities to the Parramatta CBD.

2. The Plan allows Council to collect money via development application or complying development certificate conditions of consent, with the funds put toward items specified in the Works Schedule of the Plan.

3. Amendment 1 to the Plan came into effect on 30 June 2023, to reflect an amendment to the Parramatta CBD planning controls within the block bound by Phillip Street, Smith Street, the Parramatta River and Charles Street. Amendment No.1 matched the contributions for that block to other nominated areas of the CBD.

4. This current amendment (Amendment No. 2) seeks to make changes to the Plan as outlined below:

(a) bring forward the timing of payment of the contribution to Council from prior to the issue of an occupation certificate, to prior to the issue of a construction certificate whilst providing a clause which allows Council (at its sole discretion) to consider the deferral of contribution payments, subject to strict guidance and provision of appropriate security.

(b) strengthen controls relating to the obligations of certifiers, including to make clear that Council (not the certifier) will determine the cost of development and contribution applicable for any development approved (including complying development certificates).

(c) include notations that discounts to contributions will not be applied and that credits will not be made for existing development.

(d) include a definition relating to affordable housing and social housing exemptions within the Plan.

(e) make minor administrative changes to the Plan to better align with language outlined within the Environmental Planning and Assessment Act and Regulation, fix minor typographical errors, include reference to relevant Ministerial Directions, include a Plan amendment table, and update the referenced options for payment of development contributions.

The key changes are outlined in further detail in the Issues section below.

ISSUES

Change timing of payment to Construction Certificate Stage

5. At the time of drafting of the original Contributions Plan, the State Government had released draft legislative reforms to the development contributions regime. The original contributions plan was based on draft legislative reforms. One change proposed by the reforms included deferral of development contribution payment until prior to the issue of an occupation certificate, as opposed to prior to the issue of a construction certificate – the usual practice across NSW. This change was on the basis that the later payment timing would reduce the cash flow burden of developers until the last stage of the process and reducing overall holding costs.

6. The counter side to this payment timing is that Council’s ability to deliver infrastructure to meet the increased residential and worker demand from these developments, is delayed. The delay is potentially up to 2-3 years while construction is occurring.

7. Since the draft reforms were released, the State Government has confirmed that it will not be pursing the change to the timing of payment to occupation certificate stage. In addition, the State Government has released its own regional level monetary contribution, known as the Housing and Productivity Contribution (HPC), which requires the payment of the HPC prior to the issue of a construction certificate, as outlined below in Section 20(1) of the Environmental Planning and Assessment (Housing and Productivity Contribution) Order 2023:

20 Time by which a housing and productivity contribution must be made

(1) The housing and productivity contribution for HPC development must be paid before the issue of the first construction certificate in relation to the development or before the commencement of any work authorised by the development consent (if no construction certificate is required), unless otherwise provided by this clause.

8. Council’s experience is that it is difficult to regulate and administer the payment of development contribution levies at the occupation certificate stage, where construction is already complete.

9. Requiring the payment at the construction certificate stage enables any non-compliance matters to be rectified by the developer and certifier during the construction process. Council has greater ability to enforce non-compliances during the construction process as a developer is still involved - as opposed to post occupation certificate matters where the developer may have sold the development onto individual owners or a strata body (for example in the case of a residential flat building). Similarly, in the case where a developer may enter into administration during the construction process it may be harder for Council to seek final contribution payments if it is not a secured creditor.

10. Furthermore, Council’s existing contribution plan relating to the remainder of the LGA (excluding the CBD) known as the City of Parramatta Outside CBD Local Infrastructure Contributions Plan, currently requires contributions payment prior to the issue of a construction certificate.

11. Therefore, to ensure that Council’s collection of contributions and subsequent delivery of infrastructure is not delayed, to improve Council’s ability to regulate non-compliances; and to ensure consistency with Council’s Outside CBD Contributions Plan and the NSW Government, it is recommended that Council amend the Parramatta City Centre Local Infrastructure Contributions Plan to require the timing of payment to prior to the issue of a construction certificate.

12. Currently the Plan does not allow payments to be deferred as the payment was required at the last stage of the development, being the occupation certificate stage. As this report is seeking to amend the Plan to require payments prior to the issue of a construction certificate, it is recommended that Council include a clause that does enable Council (at its sole discretion) to consider deferring the contribution in part. The proposed clause would still require 50% of the payment to be made prior to the issue of a construction certificate with the remaining 50% to be deferred to the occupation certificate stage, subject to the provision of a bank guarantee as security. Council would only apply this in circumstances considered appropriate, not as an everyday occurrence.

Obligations and role of registered certifiers (also known as accredited certifiers)

13. The Plan has been amended to strengthen the wording around the obligations of registered certifiers when issuing complying development certificates, as well as construction certificates and occupation certificates as required by existing legislation. This includes the obligations of certifiers to include a condition of approval regarding a development contribution in the case of a complying development certificate; and to ensure development contributions required by conditions of consent are paid prior to the issue of any construction certificate, and/or occupation certificate according to the EP&A Act and Regulations.

14. Further, the Plan has been amended to clearly state that Council will determine the cost of development for the purpose of calculating the development contribution fee applicable - as opposed to a registered certifier being able to determine the value of the development and the ultimate value of the development contribution.

15. The Plan currently states that ‘the consent authority, either “Council or an accredited certifier” is to calculate the contribution payable’. This is inconsistent with the Environmental Planning and Assessment Regulation 2021 (EP&A Regulation).

16. Section 208(1) of the EP&A Regulation provides that the proposed cost of carrying out the development must be determined by the ‘consent authority’ by a mathematical process. In this legislative context, only the Council is a consent authority under the Environmental Planning and Assessment Act 1979 (EP&A Act), a registered certifier is not. Properly construed, section 208 of the EP&A Regulation requires that the Council, not the certifier, determine the proposed cost of development.

17. It is therefore recommended that Council amend the Plan to state that only Council may determine the cost of works and contribution payable pursuant to Section 208 of the EP&A Regulation.

Administrative changes

18. Other amendments made to the Plan are minor and administrative in nature. These include:

· a notation that discounts to contributions will not be applied and credits will not be made for existing development. This is because the Plan is made under Section 7.12 of the EP&A Act which allows contributions to be levied as a percentage of the cost of development. Section 7.12 does not require the contribution to be linked to any increase in population or infrastructure demand as is the case with Section 7.11 of the EP&A Act.

· providing a definition of affordable housing and social housing exemptions within the Plan.

· better aligning with language outlined in the EP&A Act and Regulation, to reference the term ‘registered certifier’ and include a footnote that this also means ‘accredited certifier.’

· correcting minor typographical errors.

· reference to relevant Ministerial Directions that need to be considered as per Section 7.17 of the EP&A Act.

· a Plan amendment table to record current and future amended versions of the Plan.

· updating payments options for development contributions to those currently accepted by Council.

CONSISTENCY WITH LOCAL STRATETGIC PLANNING STATEMENT

19. The housekeeping amendment to the Plan is considered to be consistent with Council’s Local Strategic Planning Statement (LSPS), in particular Planning Priority 6 (provide for community infrastructure and recreation opportunities).

CONSULTATION & TIMING

Stakeholder Consultation

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

Date	Stakeholder	Stakeholder Comment	Council Officer Response	Responsibility
N/A	Community	N/A	No action undertaken to date. Public exhibition of the proposed amended Plan will be undertaken in accordance with legislative requirements	City Planning and Design

Councillor Consultation

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

Date	Councillor	Councillor Comment	Council Officer Response	Responsibility
27 November 2023	All Councilors invited	Report finalised prior to briefing session	Report finalised prior to briefing session	Group Manager Infrastructure Planning and Design

LEGAL IMPLICATIONS FOR COUNCIL

22. Section 215 of the EP&A Regulation 2021 allows for councils to amend or repeal a contributions plan. Further, Section 215(5) of the Regulation allows for councils to amend a contribution plan without preparing a new plan for a limited number of reasons, including “minor typographical corrections”.

23. Council staff have determined that the housekeeping amendments proposed fall outside the scope of Section 215(5) of the Regulation. As a result, the changes proposed would require Council endorsement for the purposes of publicly exhibiting Draft Parramatta City Centre Local Infrastructure Contributions Plan 2022 (Amendment No. 2) provided at Attachment 1.

FINANCIAL IMPLICATIONS FOR COUNCIL

24. If Council resolves to approve the amended Plan post its exhibition, this will amend the timing of payment of required development contributions to the construction certificate stage as opposed to the occupation certificate stage. This will result in Council receiving income at an earlier point in time and enable improved and timely delivery of infrastructure for new and existing residents and workers in the Parramatta CBD.

25. The draft Plan itself does not result in any changes to approved expenditure, it will only change the potential timing of receipt of future income. The cost of publicly exhibiting the Plan will be funded from the City Planning and Design budget.

Priya Uppal

Senior Project Officer

Diane Galea

Team Leader Infrastructure Planning

Anthony Newland

Group Manager Infrastructure Planning & Design

Jennifer Concato

Executive Director City Planning and Design

John Angilley

Executive Director Finance & Information

Gail Connolly

Chief Executive Officer

Attachments:

1⇩

Attachment 1 - Draft Parramatta City Centre Local Infrastructure Contributions Plan 2022 (Amendment No. 2)

49 Pages

REFERENCE MATERIAL

2. How to use this plan

This section describes how to calculate and pay the contribution. This includes how to index the contribution and when it needs to be paid. It also outlines Council’s policy where developers offer ‘works in kind’ instead of a monetary contribution.

2.1 Calculating the contribution

Council will calculate the contribution as follows:

Development	Percentage Rate for land in “Area A” on Figure 2	Percentage Rate for all other land
Residential Accommodation where the total development cost is over $250,000	3%	5%
Mixed-Use development (development including residential accommodation and other land uses) where the total development cost is over $250,000 ¹	3%	5%
Other development (excluding residential accommodation) where the total development cost is over $250,000	3%	4%
Any development where the development cost is $250,000 or less	Nil	Nil

Calculating the cost of development

Section 7.12 contributions are calculated as a percentage of the cost of development. Section 208 of the EP&A Regulation 2021 sets out how the proposed cost of carrying out development is determined. An extract of this section, as it existed at the time this plan was made, is shown below for reference purposes.

208 Determination of proposed cost of development—the Act, s 7.12(5)(a)

(1) The proposed cost of carrying out development must be determined by the consent authority by adding up all the costs and expenses that have been or will be incurred by the applicant in carrying out the development.

(2) The costs of carrying out development include the costs of, and costs incidental to, the following—

(a) if the development involves the erection of a building or the carrying out of engineering or construction work—

(i) erecting the building or carrying out the work, and

(ii) demolition, excavation and site preparation, decontamination or remediation,

(b) if the development involves a change of use of land—doing anything necessary to enable the use of the land to be changed,

(c) if the development involves the subdivision of land—preparing, executing and registering—

(i) the plan of subdivision, and

(ii) the related covenants, easements or other rights.

(3) In determining the proposed cost, a consent authority may consider an estimate of the proposed cost that is prepared by a person, or a person of a class, approved by the consent authority to provide the estimate.

(4) The following costs and expenses must not be included in an estimate or determination of the proposed cost—

(a) the cost of the land on which the development will be carried out,

(b) the costs of repairs to a building or works on the land that will be kept in connection with the development,

(c) the costs associated with marketing or financing the development, including interest on loans,

(d) the costs associated with legal work carried out, or to be carried out, in connection with the development,

(e) project management costs associated with the development,

(f) the cost of building insurance for the development,

(g) the costs of fittings and furnishings, including refitting or refurbishing, associated with the development, except if the development involves an enlargement, expansion or intensification of a current use of land,

(h) the costs of commercial stock inventory,

(i) the taxes, levies or charges, excluding GST, paid or payable in connection with the development by or under a law,

(j) the costs of enabling access by people with disability to the development,

(k) the costs of energy and water efficiency measures associated with the development,

(l) the costs of development that is provided as affordable housing,

(m) the costs of development that is the adaptive reuse of a heritage item.

(5) The proposed cost may be adjusted before payment of a development levy, as specified in a contributions plan, to reflect quarterly or annual variations to readily accessible index figures adopted by the plan between the day on which the proposed cost was determined by the consent authority and the day by which the development levy must be paid.

Example—

A contributions plan may adopt the Consumer Price Index.

(6) To avoid doubt, this section does not affect the determination of the fee payable for a development application.

Note: Section 208 of the Environmental Planning and Assessment Regulation 2021 replaces Clause 25J of the Environmental Planning and Assessment Regulation 2000.

Cost summary reports

Applicants must provide a completed Cost Summary Report with their development application or complying development certificate. This is to enable Council to determine the development cost for the purpose of calculating the contribution required, if any.

The Cost Summary Report must address matters set out in section 208 of the EP&A Regulation, as outlined in the previous subsection. Applicants can download a Cost Summary Report from the development contributions section of the Council’s website.

Where the initial estimated development cost is greater than $200,000 and less than $3 million, the Cost Summary Report must be completed by a suitably qualified person, such as an architect or project manager. Where the development cost is more than $3 million, it must be completed by a person registered with the Australian Institute of Quantity Surveyors or a person who can demonstrate an equivalent qualification.

2.2 Imposing the contribution

If a contribution is required for a development, the requirement for the development to contribute a contribution towards the cost of infrastructure included in this plan will be imposed as a condition of development consent or a condition of the complying development certificate.

In the case of a development application, the condition will require payment to Council prior to the issue of any construction certificate. Conditions authorised by this plan are subject to any direction given by the Minister under section 7.17 of the Act. This plan authorises the imposition of conditions in accordance with any such direction.

Discounts and/or credits for existing development are not provided under this plan.

In the case of complying development, payment will be required as a condition of issuing a complying development certificate and will require payment prior to work authorised by the certificate commencing.

If a complying development certificate has been granted to the carrying out of development subject to a condition authorised by this plan, then this plan requires a registered certifier to issue a complying development certificate to which this plan applies subject to a condition requiring the applicant to pay to the Council a contribution in accordance with this plan.

If a Ministerial direction under section 7.17 of the Act is in force, this plan authorises the registered certifier to issue a complying development certificate subject to a condition which is in accordance with that direction.2.3 Paying the contribution

When to pay

Applicants must pay the contribution required in a development consent or complying development certificate prior to the issue of a construction certificate or, in the case of complying development, prior to the commencement of works authorised by the complying development certificate.

Indexation

At the time of payment, Council will index the contribution in accordance with quarterly updates to the Consumer Price Index (All Groups Index) for Sydney using the formula below. If the current CPI is less than the previous CPI, the current CPI shall be taken as not less than the previous CPI.

Indexed development contribution
Where:	C_consent = the original development contribution required by the development consent
	CPI_payment = is the Sydney All Groups Consumer Price Index as published by the Australian Bureau of Statistics at the time of payment
	CPI_consent = is the Sydney All Groups Consumer Price Index as published by the Australian Bureau of Statistics at the time of consent.

How to pay

In the case of a development application, the condition of consent requiring the contribution will require the contribution to be paid prior to the issue of a construction certificate.

Applicants can pay their contribution online or in person at Council’s Customer Service centre by bank cheque and credit card. Applicants can also pay over the phone by calling 9806 5050

For online payments applicants should contact Council’s Customer Service Line on 1300 617 058 to obtain a six-digit application key.

Payment can then be made online at the Council’s website by following these steps:

· Visit Council’s online services portal at https://onlineservices.parracity.nsw.gov.au/

· Navigate to the ‘New Payments’ under the Payments section on the landing page.

· Select ‘Application Payment’ as the payment type and click ‘next’

· Enter the payment details in the required fields and click ‘next’ (note Payment Reference is not the alpha numeric application reference number)

· Confirm the payment details and click ‘next’

· Enter the required contact details and click ‘proceed to payment’

· Enter card details and click ‘pay’ to finalise payment.

Deferred and periodic payments

Council may (at its absolute discretion):

· Defer payment of any development contribution to such time as it thinks fit; or

· Permit payment of any development contribution by way of instalments it thinks fit.

Where a deferred or periodic payment is accepted, 50% of the required development contribution will be required to be paid prior to the issue of a construction certificate (or complying development certificate or subdivision certificate where relevant), and the remaining 50% to be paid prior to the issue of any occupation certificate (interim or final) or as otherwise determined by Council.

Prior to the issue of the construction certificate (or complying development certificate or subdivision certificate where relevant) Council will require the applicant to provide a bank guarantee to Council’s satisfaction for the outstanding balance.

The outstanding balance will continue to be indexed quarterly in accordance with movements in the Sydney All Groups Consumer Price Index as published by the Australian Bureau of Statistics. Interest will be charged on the outstanding balance at the time of the staged/final payment in line with industry recognised investment benchmarks.

2.4 Registered certifier obligations

Issuing a Complying Development Certificate under the Environmental Planning and Assessment Regulation 2021

Under section 156 of the Regulation, a complying development certificate must be issued with conditions included that require payment of a section 7.12 levy and that the levy must be paid before any work authorised by the certificate commences.

Under section 158 of the Regulation, as a precondition to works authorised by the complying development certificate commencing, the certifier must ensure that the applicant provides a copy of the payment receipt issued by Council confirming that contributions have been paid in full. Copies of such receipts must be included with copies of the certified plan provided to the Council in accordance with section 141(4) of the Regulation. Failure to follow this procedure may render such a certificate invalid.

Issuing a construction certificate under the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021

Under section 20 of the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021, a certifier must not issue a construction certificate for building work under a development consent unless a condition of the development consent, requiring the payment of a section 7.12 monetary contribution or levy has been paid before building work is carried out.

Issuing an Occupation Certificate or Subdivision Certificate under the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021

Under section 67 of the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021, a principal certifier for building work or subdivision work to be carried out on a site is required to be satisfied — before the principal certifier issues an occupation certificate or subdivision certificate for the work — that any preconditions required by a development consent or complying development certificate to be met for the work before the issue of the occupation certificate or subdivision certificate have been met.

The certifier must ensure that the applicant provides a copy of the payment receipt issued by Council confirming that contributions have been fully paid. Copies of such receipts must be included with copies of the certified plan provided to the Council in accordance with section 39(2) of this Regulation. Failure to follow this procedure may render such a certificate invalid.

Where a development has a proposed cost exceeding $10 million, the additional matters in section 37(3) also apply.

The only exceptions to the requirement are where Council has agreed to a works-in-kind, material public benefit or dedication of land as alternative to payment of contribution by way of a Planning Agreement. This is discussed in the following subsection.

2.5 Alternatives to monetary contributions

Council may at its discretion accept the dedication of land and/or provision of a material public benefit or works-in-kind in part or full satisfaction of a monetary contribution under this plan.

Generally, only land or works directly associated with the infrastructure included in this plan may be considered as a material public benefit or works-in-kind in satisfaction of the monetary contributions. If Council agrees to an alternative to a monetary contribution, it will accept it under the terms of a planning agreement.

Appendix B: Infrastructure strategies

This appendix outlines the development-generated infrastructure demand, and the infrastructure Council will provide using contributions under this Plan to address that demand.

As outlined in Appendix A, Parramatta City Centre will be the primary focus for economic activity within Sydney’s Central City, greater metropolitan Sydney, and NSW; and substantial growth in employment, services and housing in the City Centre is expected.

This new population will use local infrastructure and contribute to demand for its use. This local infrastructure includes:

• community facilities, such as libraries

• open space and recreation facilities

• public domain works

• traffic and transport works.

New residents, workers and visitors to the City Centre will have inadequate levels of service if Council does not provide new or improved public amenities and infrastructure to address development-generated infrastructure demand. The levels of service for the existing residential population and workforce will also decline without adequate public investment.

Development-generated infrastructure demand for the infrastructure categories above and the infrastructure Council will provide using contributions received under this plan to address that demand are outlined in the following subsections. Local infrastructure to be provided acknowledges and will cater to the diversity of cultures comprising the Parramatta City Centre presently and into the future, including our local Dharug community.

A consolidated list of infrastructure works is provided in the works schedule in Appendix C while an infrastructure map showing the locations of the individual works items is shown in Appendix D.

The total estimated cost of the works included in the works schedule is $1,980 million ($1.980 billion). A breakdown of the cost by infrastructure category is shown in Table 2 below. Council will allocate contributions received under this plan towards these costs.

The demand and cost reasonably attributed (apportioned) to additional development is approximately $1.20 billion (present value). This plan is forecast to generate approximately $582 million (present value) in development contributions income over the expected 40-year life of this plan.

The difference or ‘gap’ between this plan’s works schedule total and income forecast under this plan will be funded from other sources including existing planning agreement contributions, existing unspent contributions collected under the existing plan, grants, and committed Council funds. Council may also pool contributions received under this plan to fully fund works items using contributions.

Table 2: Estimated cost of works in the works schedule, by infrastructure category

Category	Estimated cost
Community and cultural facilities	$736m
Open space and recreation	$495m
Public domain works	$573m
Traffic and transport	$176m
Total	$1,980m

B.1 Community facilities strategy

Community facilities are vital to the fabric of urban life and how people feel connected to each other. They provide spaces for the City’s diverse communities of residents and workers to enjoy entertainment, creative and recreational pursuits, education and training, and rest and respite, in an increasingly dense inner-city environment. Council’s recognition of the critical importance of community facilities for supporting city life is embedded in its Community Infrastructure Strategy (2020)[3].

The development of Parramatta City Centre for commercial and residential uses will need to be supported by new community facilities to contribute to a socially sustainable future. Flexible, multipurpose community spaces act as gateways to connect people with each other, to services that can provide support and activities for the community.

Council’s current community space network within the plan area comprises of community spaces of different types and scales, including the following:

• Community meeting rooms – which are typically a single room that people can hire.

• Community centres – which are places where people from within a local neighbourhood can come together for social events, educational classes, recreational activities or for drop-in support.

• Community halls – multipurpose buildings managed by Council for the community. They provide space and facilities for a range of local activities and community services.

• Community hubs – a larger facility offering a range of spaces suitable for various activities, programs, services, and events which address the social, physical, and emotional wellbeing needs of the local community. It can be a school, a neighbourhood centre or another public space that offers collocated or integrated services such as education, health care and social services. Each hub is as unique as the community it serves.

Council’s Community Infrastructure Strategy has identified a need for the following community facilities to meet the demands of growth in the City Centre:

• Civic Centre at 5 Parramatta Square

• Refurbished town hall

• Flexible community space

• Youth space

• Low-cost leasable office space

• Homelessness support projects[4].

Culture is fundamental to realising Council’s vision for the City Centre and is what makes a city attractive and worth living in, visiting, and exploring. Arts and culture bring people together and provide the city’s population with opportunities to share experiences. Culture is also a key determinant of a city’s identity and reputation. Council’s Cultural Plan[5] identifies that for a city to be driven by culture, it requires appropriate spaces and venues where culture can be created, produced, presented, and consumed.

Western Sydney University’s Cultural Infrastructure Research Report[6] provides the necessary research and information to assist Council in determining its strategic priorities regarding the development of cultural infrastructure in the LGA. A key finding from the report is that Council must invest or facilitate investment in a range of cultural facilities to maximise the mixed ecology of cultural production, presentation and consumption found in culturally dynamic cities across the world.

To help address recommendations and findings from Council’s Community Infrastructure Strategy and Cultural Plan, Council has developed a program of cultural facility projects that will be partly funded by this plan. These are shown in the works schedule in Appendix C. It includes 33 works items with a combined total estimated cost of approximately $736 million. Council will allocate contributions received under this plan to works items in the works schedule.

Community facilities items include, but are not limited to:

• New Civic Centre at Parramatta Square ($130.1 million)

• Parramatta Town Hall refurbishment ($10 million)

• 2 x flexible community spaces in the City Centre ($46.9 million)

• Knock down and rebuild of the existing Riverside Theatres ($200 million)

• New Parramatta Art Centre with exhibition and gallery space ($43 million)

• A live music venue with capacity for 5,000 people ($80 million).

B.2 Open space and recreation strategy

Open space and recreation facilities are essential to the healthy functioning of the community and its urban environment. They provide a range of benefits including exercise, recreation, relaxation, escape, exploration, contemplation, interaction, connection, celebration, biodiversity, cooling, ventilation, tourism, identity, and community well-being.

Given the constrained urban environment and the high cost of land in the City Centre, it is not feasible to achieve the ideal provision rate or replicate current rates of provision of land for open space uses. Instead, Council’s (2020) Community Infrastructure Strategy (CIS) outlines a more reasonable strategy including:

• Upgrading various existing open spaces to increase their capacity to assist with providing for the new population’s demand

• Increase the carrying capacity of existing playing fields through upgrades to playing surfaces and/or supporting infrastructure and increased maintenance

• Upgrade existing playgrounds to increase the number of local and district play spaces available and provide a variety of play experiences

• Repurpose parks to accommodate both formal and informal sports

• Develop better connections between open spaces and sports grounds

• Repurpose alternative (non-traditional) spaces for both formal and informal sport and recreation.

The Parramatta City River Strategy[7] harmonises the CIS aim to repurpose alternative avenues of open space. The Parramatta River is the main topographical feature of Parramatta City Centre that helps define the character of the City Centre and provides opportunities for recreation and landscape amenity. This plan includes works schedule items that aim to showcase the river as the key public recreational space for the City Centre, and to enhance the aesthetic quality and amenity of the river landscape as well as increase the recreational opportunities and access links along the river corridor.

The Parramatta Ways Walking Strategy and the Green Places Guide[8] published by the Government Architect NSW aim to create a healthier, more liveable, and sustainable urban environment by improving community access to recreation and exercise, supporting walking, and cycling connections, and improving the resilience of urban areas. This plan also provides funding for street upgrade projects which will improve walkability and contribute to a network that is safe, comfortable, and interesting for pedestrians.

Council’s priorities for open space and recreation in the City Centre are shown in the open space and recreation works schedule in Appendix C. It includes 35 works items with a total combined estimated cost of approximately $495 million.

Open space and recreation items include, but are not limited to:

• River Square ($65.2 million)

• Redesign of Charles Street Weir to improve active transport movement, hydraulic flows, and fish passage ($12.5 million)

• Charles Street Square and ferry terminus upgrade ($11.5 million)

• Various foreshore upgrade works

• Prince Alfred Square major upgrade ($8.3 million)

• Parramatta Ways CBD connections (various projects)

• New aquatic and leisure centre ($77 million)

• River swimming enclosure ($9.7 million)

• Existing sports field improvements in and near the City Centre (various projects)

• Existing Park upgrades (various projects)

• New local and district play spaces ($4 million)

• New and upgraded outdoor recreation courts, exercise equipment and other active recreation facilities in and near the City Centre ($20.7 million)

• Four (4) new multipurpose court indoor recreation facilities ($16 million).

B.3 Public domain strategy

This plan provides funding for projects that will facilitate enriching and expanding the public domain and design parameters for streets and key public spaces. The public domain projects are for the provision of new paving, tree planting, lighting, urban furniture, signage, multi-function poles and city ecology. The provision of these facilities and upgrades will bring the public domain of major City Centre streets up to world class city standard. This program of works will be complemented by projects from Council’s Smart Cities program[9].

Parramatta Square is set to become a world-class landmark and destination in the heart of the Parramatta City Centre. The precinct is linked by 6,000sqm of public domain that will serve as an important place to meet, trade, shop, dine, learn, celebrate, and connect. The Parramatta Square public domain will connect the world-class buildings within Parramatta Square and form an important public space for workers and the wider community. Council will facilitate the development of Parramatta Square public domain in accordance with Parramatta Square Urban Design Guidelines[10] using funds collected by this plan.

Parramatta City Centre has an extensive lanes network which benefits the city by enhancing connectivity, servicing, and loading especially through large city blocks. This traditional function of lanes needs to be retained and enhanced when lots are amalgamated and/or blocks redeveloped as Parramatta grows.

This plan will provide funding for projects to develop and improve the City Centre lane network in accordance with the following principles from Parramatta City Centre Lanes Policy[11]:

• Retaining and extending the existing utilitarian functions of the network including servicing and accessing will support the city and business vitality long term

• A safe lanes network 24/7 will promote pedestrian use throughout the day

• Promoting pedestrian activity will improve safety and liveliness of lanes

• Designing lanes as destinations will increase street level retail and support city visitation

• Incorporating standard Public Domain Guidelines will promote consistent appearance and design and a good image for the city

• Lanes that are designed to express their special history, location and role in the network will improve Parramatta’s character and identity

• Lane upgrades should combine improvements in activation as well as improvements in appearance, design, and construction to ensure the lanes are safe and well used to maximise the city’s potential and expenditure

• Incorporating lanes as venues for cultural events, art and interpretation programs will help to animate the city and improve street level activity

A significant proportion of the Parramatta City Centre is within the floodplain of the Parramatta River and its tributaries. Flooding within the Parramatta City Centre is typical of flash flood catchments with floodwaters arriving quickly without significant warning, cutting access to areas and buildings, before receding quickly. The key stormwater and flood risk management issue for Council is balancing growth in the City Centre with managing risks to life and property from flooding. This plan provides funding for key floodplain risk management activities that are identified in Council’s Local Strategic Planning Statement.

Public domain works projects to be part funded by this plan are shown in the works schedule in Appendix C. It includes 46 works items with a combined total estimated cost of $573 million. Works items include, but are not limited to:

• Parramatta Square public domain ($50 million)

• Civic Link public domain ($40 million)

• Major City Centre streets public domain upgrades including George Street, Macquarie Street, Phillip Street and Church Street, among others (various projects)

• Two new public toilet facilities ($1 million)

• Drainage improvements across the City Centre to reduce localised flooding and improve stormwater quality and quantity into Parramatta River ($40 million)

• Large-scale flood mitigation program of works to address flooding from Parramatta River ($79 million)

• Smart cities projects including CCTV, rationalisation of utilities and multi-function poles for non-major streets ($24.8 million).

B.4 Traffic and transport strategy

Anticipated development in Parramatta City Centre will generate significant travel demand to and from Parramatta City Centre, placing greater demand on transport infrastructure and services.

Anticipated development will result in a significant increase in transport trips starting or ending in Parramatta City Centre from just over 51,000 trips in the AM peak alone in 2016 to almost 111,000 trips in the AM peak in 2036. Since private vehicle use is currently the preferred mode of travel for commuters in Parramatta City Centre [12], this results in a more congested road network. There is a need to influence and change commuter’s mode preferences. A transformation in the City Centre will require a considerable shift in transport planning and delivery to encourage walking, cycling and public transport trips to and from the City Centre.

The Parramatta CBD Strategic Transport Study[13] identifies several strategies to improve walking and cycling:

• Promote cycling as a means of accessing the City Centre

• Improve the walking experience to help achieve a mind shift towards walking in the City Centre

• Promote active transport trips within a 10-kilometre radius of the City Centre

This is supported by the Parramatta Ways Walking Strategy[14] which seeks to improve walkability across Parramatta and provides a strategic plan to improve active transport, urban greening, recreation, and local centre amenity.

Additionally, the Parramatta Bike Plan[15] aims to support access to jobs, shopping, education, and recreation through a healthy and low-cost alternative transport mode. It aims to enhance the liveability for the residents, workers, and visitors of Parramatta, with a target to increase the proportion of people cycling to work from five to ten percent.

Parramatta Integrated Transport Plan provides the following key actions accommodate the transport needs generated by future growth:

• Completing the river foreshore paths on the northern and southern banks

• A north-south physically separated bike path aligned with Marsden Street, Marist Place and Villiers Street

• An east-west physically separated bike path along George Street

• Civic Link: a shared pedestrian cyclist spine from the river to Parramatta interchange

• Upgrading key intersections to improve access to Parramatta City Centre, including Pitt Street/Marsden Street intersection along Great Western Highway, and the Woodville Road, Parramatta Road and Church Street intersection at Granville

• Increase capacity on mass movement corridors such as James Ruse Drive, Victoria Road, Great Western Highway

Council has developed a list of projects that will deliver the on the outcomes of the studies above as well as those from the Draft Integrated Transport Plan. Traffic and transport works to be part funded by this plan are shown in the works schedule in Appendix C. It includes 21 works items with a combined total estimated cost of $176 million. Projects are broadly grouped as follows:

• Pedestrian improvements ($10.1 million)

• Median islands ($1.2 million)

• Intersection upgrades ($13 million)

• City Centre road widenings ($53 million)

• Bridge improvements ($39 million)

• City Centre bike plan projects ($52.9 million)

• Last mile delivery facility ($3 million)

• Smart parking ($4 million).

Appendix C: Works schedule

This appendix contains a works schedule listing the works items Council will provide using contributions under this plan, the estimated cost of each item, and when Council will provide them.

Works items are listed in the following tables by infrastructure category:

• Table C1: Community facilities works schedule

• Table C2: Open space and recreation works schedule

• Table C3: Public domain works schedule

• Table C4: Traffic and transport works schedule.

Table C1: Community facilities works

Item / description	Location	Estimated cost	Timing[16]
Civic Centre at 5 Parramatta Square
1. Civic Centre includes facilities such as new CBD library, meeting rooms, council chamber and an experience centre.	5 Parramatta Square	$130,100,000	Short
Parramatta Town Hall (PS7)
2. A refurbished Parramatta Town Hall where residents, workers and visitors will be able to access its larger and smaller community spaces and proposed commercial activation offerings.	7 Parramatta Square / Town Hall.	$10,000,000	Short
Flexible community space
3. 6,800 sqm of flexible community space in two facilities in the CBD: one in the north and one in the south.	Split in a facility in the north of the CBD and south of the CBD.	$46,920,000	Short-long
Youth space
4. 2,000 sqm of youth space in two facilities in the CBD: one in the north and one in the south.	Split in a facility in the north of the CBD and south of the CBD.	$13,800,000	Short-long
Low-cost leasable office space
5. 3,000 sqm of low-cost leasable office space, to allow non-Council community services providers and social enterprises to locate in Parramatta CBD. This would be split between two facilities in the CBD: one in the north and one in the south.	Split in a facility in the north of the CBD and south of the CBD.	$7,035,000	Short-long
Homelessness support projects
6. Infrastructure for food provision to disadvantaged members of the community.	Prince Alfred Square	$500,000	Short
7. Upgraded amenities for homeless – laundry, showers, etc.	Within existing non-profit facilities in CBD	$100,000	Short
Performing arts facilities
8. Anchor Facility: Knock down and rebuild of the existing Riverside Theatres to deliver modernised facility that includes rehearsal, presentation, and production spaces.	Existing site on river foreshore.	$200,000,000	Short
9. Riverside Performing Arts Rehearsal and Training Studio (1,000 sqm).	Close to public transport is essential; ideally in City Centre	$1,720,520	Short
10. Performing Arts Rehearsal and Training Space with capacity to accommodate First Nations Dance and ballet (1,000 sqm).	Close to public transport is essential; ideally in City Centre	$1,750,520	Medium
Art production and presentation facilities
11. Anchor Facility: Artist professional production facility with 30 art studios and ancillary supporting facilities (2,485 sqm).	In or near the Civic Link and Parramatta station	$8,635,375	Short
12. Anchor Facility: Parramatta Art Centre with exhibition and gallery space (4,000 sqm).	Civic Link (fringe commercial core)	$43,000,000	Medium
13. Anchor Facility: Multimedia Digital and Performance Arts and Access Facility including performance space and production spaces, digital gallery, and supporting ancillary spaces (2,700 sqm).	CBD	$9,826,000	Short
14. 10 x 500sqm arts education and training provider spaces for music, film, and dance.	Close to public transport is essential; in both CBD and across North Parramatta	$18,025,000	Medium - Long
15. Artist Run Initiative (ARI) - not for profit artist run gallery (1,500 sqm).	City Centre or fringes; Rydalmere "creative industries precinct"	$2,557,500	Long
16. Two (1,000 sqm) x art gallery and exhibition spaces.	Close to public transport is essential; ideally in City Centre	$13,800,000	Medium
17. Rydalmere Parramatta Artist Studios Facility (1,200 sqm).	Rydalmere	$4,116,000	Short-medium
Aboriginal cultural projects
18. Indigenous Healing Site and Space to provide for reflection and ceremonies/events (1,350 sqm)	Close to the North Parramatta River	$3,000,000	Short
19. Aboriginal and Torres Strait Islander Science and Knowledge Centre (800 sqm) to accommodate research on medicinal food, language, and research library and digital resources.	CBD / Westmead / North Parramatta	$5,520,000	Short
20. Aboriginal and Torres Strait Islander – ‘A Keeping Place' included in 5 Parramatta Square (160 sqm). The space is to store and view objects, and also includes a meeting room.	CBD	$1,104,000	Short
Creative clusters and industry start up space
21. Creative Industries Cluster to provide communal space for tenants consisting of creative organisations and multi-artform practitioners (3,600 sqm).	Creative Industries Cluster: Civic Link and/or North Parramatta.	$9,630,000	Medium
22. North Parramatta Heritage 'Tech-start up' Precinct to provide spaces for innovations and start-ups, and food and drink spaces (2,000 sqm)	North Parramatta Heritage Precinct	$5,350,000	Short
Music performing and creative spaces to support the local music scene and to accommodate new & established artists.
23. 3 x live music venues with a capacity of under 250 people (approx. 300sqm each)	Parramatta CBD or North Parramatta	$12,000,000	Short-Medium
24. One live music venue of 500-person capacity (approx. 600sqm)	Parramatta CBD or North Parramatta	$8,000,000	Medium
25. One live music venue of 1,200-person capacity (approx. 1,620 sqm)	Parramatta CBD or North Parramatta	$19,200,000	Medium
26. One live music venue of 2,500-person capacity (approx. 3,375 sqm)	Parramatta LGA or North Parramatta	$40,000,000	Long
27. One live music venue of 5,000-person capacity (approx. 6,750sqm)	Parramatta LGA or North Parramatta	$80,000,000	Long
28. Music recording studio offering recording, mixing, song writing rooms, podcasting, and interviewing rooms (2,500 sqm).	Parramatta City Centre	$8,575,000	Medium
29. Anchor presentation facility for music and events in iconic heritage building, including two multi-purpose presentation spaces and short-term rehearsal facilities with a focus on musicians. Estimate capacity at 800. (approx. 1,080 sqm)	Parramatta City Centre	$15,530,000	Medium
Informal / adaptable spaces for temporary cultural uses and events
30. Rooftop Eat Street Carpark 'Pop Up' event venue to host events for 2,000 people.	Eat Street carpark, CBD	$700,000	Short-Medium
31. Creativity-enabling spaces in the public domain to allow 'mini-events' such as chalk art, temporary public art, planter boxes, and dancing (2,000 sqm total).	Various Locations and sizes across City of Parramatta LGA	$2,800,000	Short-Medium
32. Use of Parramatta Gaol for event, exhibition, and festivals.	North Parramatta Heritage Precinct	$3,200,000	Medium-Long
City Art, Identity, and the Outdoor Museum
33. The development of contemporary public art and heritage interpretation (17 works - small, medium, and large) enabling their inclusion and integration in the public domain across the city centre as per the Civic Improvement Plan Amendment No.4. Revitalising Parramatta City Centre Plan. Sizes are as follows: (a) Large are approx. 20sqm (which takes into account foundations and landscape surrounds) x 2 = 40sqm; (b) Medium are approx. 10sqm x 5 = 50sqm; (c) Small are approx. 5sqm x 10 = 50sqm.	Civic Link; River Foreshore; Parks and Cultural Landscapes; City Gateways; Laneways; Church Street; Bridges.	$9,500,000	Medium
		$735,994,915

Table C2: Open space and recreation works

Item / description	Location	Estimated cost	Timing[17]
River Square and surrounds
1. The River Square which is a riverside public space linking directly to Parramatta Square and station through the Horwood Civic Link. It includes Australia’s first Water Square, a multi-functional space that can accommodate up to 10,000 people, a floating stage, various event functions, children’s play, and riverside swimming.	South Bank between Lennox Bridge and Barry Wilde Bridge	$65,208,000	Short
2. Riverside Terrace at the Sorrell Street foreshore (located opposite the River Square), which is a public space with an upper level and lower-level plaza along the northern and southern edge of the terraces.	North Bank between Lennox Bridge and Barry Wilde Bridge	$12,435,500	Short
Parramatta Quay upgrades supporting works
3. Redesign of Charles Street Weir, including the weir itself and the river crossing to improve active transport movement, hydraulic flows, and fish passage.	Charles Street Weir	$12,644,500	Short - Medium
4. Charles Street Square and ferry terminus upgrade involving new ramps and stairs, a wide riverfront walk, flood-resilient and sustainable design elements, and more trees.	Surrounding Ferry terminus	$11,551,799	Short
Parramatta River Foreshore Parcel upgrades
5. Foreshore East upgrades comprising redesign of the land on the south side of the river from the ferry terminus to Gas Works Bridge to improve accessibility, activate the public space and connection to retail uses, and provide pedestrian plazas.	East of Ferry Terminus to Gas Works Bridge, South side of the river	$8,987,000	Short-Medium
6. Northern Terrace parcel foreshore upgrade which involves the delivery of accessible and usable public space with a low-level plaza located along the river edge.	Queens Ave Steps to Elizabeth St	$8,778,000	Short
7. Playground parcel foreshore upgrade.	North bank, east of Barry Wilde Bridge	$4,389,000	Long
8. Riverside Theatre foreshore upgrade to support the Riverside Theatre and provide a terrace along the river corridor to support a range of outdoor cultural events.	North Bank between Bernie Banton and Lennox Bridges	$17,974,000	Short
9. Southern foreshore parcel upgrade which involves a passive recreational space for the public along the river corridor.	Wilde Ave to Charles St Weir	$13,167,000	Medium
10. Riverside Southern foreshore upgrade which involves a retained riverside wall and a two-tier deck to support adjacent retail frontages.	South Bank between Bernie Banton and Lennox Bridges	$16,900,000	Short
11. Justice Precinct parcel foreshore upgrade which includes an active building edge and a network of footpaths that connect the Justice Precinct to the river’s edge, Parramatta Park and Riverside Tower.	Foreshore between Marsden St and O'Connell St	$14,943,500	Short-Medium
12. Kings School parcel foreshore upgrade which includes a multi-purpose ground and public recreation space with terraces, a wetland and network of footpaths to connect to the stadium, Parramatta Park, and the river.	Foreshore between new school and river	$15,361,500	Long
13. Omitted as work is complete
Prince Alfred Square major upgrade
14. Improving facilities for events, protecting heritage assets including significant trees, and improving overall amenity and passive recreational use	Prince Alfred Square	$8,250,000	Short
Brickfields Creek naturalisation
15. Naturalising and restoring Brickfields Creek where it intersects with the Parramatta River.	North bank, east of Barry Wilde Bridge	$2,194,500	Short
Parramatta Ways links in the CBD - local delivery of Sydney's “Green Grid" and "Greener Places" policies
16. Southern CBD Green Rail Link upgrade from the M4 to Parramatta Station to improve accessibility across the city and deliver the green grid.	M4 to Parramatta Station. Two options: (a) Along High Street near the M4 through Jubilee Park through to Wentworth Street near Parramatta Station; and (b) Along the western side of the railway corridor from Tottenham Lane/Station Street West near the M4 through to Valentine Avenue near Parramatta Station.	$7,500,000	Medium
17. Parramatta CBD Ring Road Pedestrian Access and Amenity Upgrades which includes works to the pedestrian network to prioritise the time, safety and amenity of pedestrians and promote walking.	Ollie Webb Reserve to CBD to Elizabeth Farm	$8,686,167	Medium
18. Clay Cliff Creek Link - CBD Open Space and Heritage Loop	Ollie Webb Reserve to CBD to Elizabeth Farm	$5,950,000	Medium
Parramatta Ways CBD connections
19. Street upgrade at Albert Street – to improve walkability and contribute to a network that is safe, comfortable, and interesting for pedestrians.	Parramatta North	$2,900,000	Medium
20. Street upgrade at Fennel Street	Parramatta North	$2,450,000	Medium
21. Street upgrade at Grose Street	Parramatta North	$2,350,000	Medium
22. Street upgrade at Thomas Street	Parramatta North	$2,400,000	Medium
23. Street upgrade at Wigram Street	Harris Park	$2,400,000	Medium
24. Street upgrade at Pitt Street	Parramatta South	$1,700,000	Medium
25. Street upgrade at Marsden Street, south of Parkes Street	Parramatta South	$860,000	Medium
Aquatic and leisure centre
26. New modern aquatics and leisure centre	Parramatta Park (Mays Hill Precinct)	$77,000,000	Short
River swimming enclosure
27. City river swim experience to provide amenity and connection to nature for the increasing numbers of CBD residents, workers, and visitors	City River Corridor	$9,700,000	Short - Medium
Robin Thomas & James Ruse Reserves Upgrade
28. Implementation of masterplan to provide new and upgraded sporting and recreation facilities to increase capacity for active and passive recreation as well as enhancing overall amenity and Green Grid connectivity	Robin Thomas and James Ruse Reserves	$11,975,000	Short
Sports fields improvements
29. Upgrading Council-owned facilities in or near the CBD. Upgrades include works such as increasing the square metres of playing surface, irrigation and drainage works to increase usage, flood lighting, turf improvements, parking, amenities, storage, and access.	Dan Mahoney Reserve; Belmore Park; Barton Park / PH Jeffrey Reserve; Ollie Webb Reserve; Jones Park; Doyle Ground	$17,387,500	Short-long
30. Non-Council owned i.e. co-located facilities with schools. Upgrade works include improved irrigation/drainage, flood lighting, and turf quality.	Macarthur Girls High School; Parramatta High School	$4,700,000	Short-long
Parks
31. Upgrade the quality of parks in or near the CBD to cater for increased demand and bring up to a world-class city standard	Belmore Park; Erby Place Plaza; Experiment Farm Reserve; Jubilee Park; Mays Hill Reserve; Noller Park; Ollie Webb Reserve; PNUT (OS1-OS4); Queens Wharf Reserve; Railway St Reserve; Ranghou Reserve; Rosella Park; Rosslyn Blay Park; Sherwin Park; Thomas Williams Reserve; Underline (M4); Wallawa Reserve.	$75,775,000	Short-long
32. Provision of pocket parks or new open spaces on development sites to increase open space within the CBD.	Across sites in the CBD.	$6,000,000	Short-long
Play spaces
33. Playspaces: The provision of district and local playspaces in or near the CBD. This includes: - 2 x new 1,500 sqm district playspaces - 10 x new indoor or outdoor (ideally outdoor) 500 sqm local playspaces.	In or near the CBD	$4,000,000	Short-long
Active recreation facilities (outdoor preference)
34. Provision of new and upgraded outdoor recreation courts, exercise equipment, and other active recreation facilities. This includes the following facilities: New - 3x indoor or outdoor (ideally, outdoor) 700sqm multipurpose courts - 2 x indoor or outdoor (ideally, outdoor) 100sqm fitness equipment - 3 x Indoor or outdoor (ideally, outdoor) cricket nets (200sqm for 2 lanes). Upgraded - Mays Hill Tennis Courts - PH Jeffrey Tennis Courts	In or near the CBD	$20,737,500	Short-long
Indoor recreation facilities
35. 4 x new multipurpose court indoor recreation facilities (2,000sqm for two courts and ancillary facilities).	Within CBD	$16,000,000	Short-long
Active city pocket park
36. Embellishment of the vacant lot at 2 Fitzwilliam St, Parramatta (currently owned by TfNSW) for a new active recreational space, and an activated and green space to meet and wait. The space would also provide opportunity for youth programming.	2 Fitzwilliam St, Parramatta	$2,000,000	Short
		$495,255,466

Table C3 – Public domain works

Item / description	Location	Estimate cost	Timing[18]
Parramatta Square public domain
1. Parramatta Square public domain – to connect the world-class buildings within Parramatta Square and form an important public space for workers and the wider community.	Parramatta Square	$50,000,000	Short
Civic Link
2. Civic Link public domain – to provide a continuous green spine that runs between the River Square and Parramatta Square, prioritising pedestrian, and cyclist movements.	Two blocks from Macquarie St to Phillip St	$40,000,000	Medium
Major upgrades to bring public domain of major CBD streets up to world class city standard
3. George Street public domain works – including paving, tree cells and multi-function poles	George St between O'Connell & Harris St	$23,310,720	Medium
4. Macquarie Street public domain works – including paving, tree cells and multi-function poles	Macquarie St between Pitt & Church St	$9,815,040	Medium
5. Phillip Street public domain works – including paving, tree cells and multi-function poles	Phillip St between Marsden & Charles St	$13,904,640	Medium
6. Church Street public domain works – including paving, tree cells and multi-function poles	Church Street, south of Station St	$17,994,240	Short
7. Victoria Road public domain works – including paving, tree cells and multi-function poles	Victoria Rd between O'Connell & Sorrel St	$9,664,000	Short
8. Argyle Street public domain works – including paving, tree cells and multi-function poles	Argyle St between Marsden and Church St	$3,865,600	Medium
9. Smith and Station Streets public domain works – including paving, tree cells and multi-function poles	Smith/Station St between Hassall St & Parramatta River	$13,916,160	Medium
10. Charles Street public domain works – including paving, tree cells and multi-function poles	Charles St between Phillip and Macquarie St	$5,411,840	Medium
11. Wentworth Street and Valentine Avenue public domain works – including paving, tree cells and multi-function poles	Wentworth St and Valentine Ave	$10,243,840	Short
12. Hassall Street and Station Street East public domain works – including paving and tree cells	Hassall St between Harris & Station Street East, and Station Street East between Hassall & Parkes St	$10,967,440	Medium
13. Hunter Street public domain works – including paving and tree cells	Hunter St between Pitt St & St John's Church	$7,795,040	Long
14. Argyle Street public domain works – including paving and tree cells	Argyle St between Pitt & Marsden St	$6,344,800	Short
15. Aird Street public domain works – including paving and tree cells	Aird Street between O'Connell St & Marsden St	$2,719,200	Long
16. Campbell Street public domain works – including paving and tree cells	Campbell Street between O'Connell & Church St	$8,701,440	Long
17. Anderson Street public domain works – including paving and tree cells	Anderson St between Parkes and Marion St	$4,532,000	Long
18. Marion Street public domain works – including paving and tree cells	Marion Street between Church St & rail line	$5,438,400	Long
19. Lane 13 (future street) public domain works – including paving, tree cells and lights. This is to reconfigure the existing laneway that currently goes from Phillip Street to Erby Place car park, to extend it to George Street. This would create a continuous north-south lane from Phillip Street to George Street.	Phillip St to George St through Erby Place	$3,240,720	Medium
20. Union Street public domain works – including paving and tree cells	Union St between Charles St & Argus Ln	$2,356,640	Medium
Develop and Improve CBD Laneway Network (including paving, tree cells and multi-function poles)
21. Omitted, as this project was originally combined with Item 22 and is superseded by that item.
22. Freemason Arms public domain works – including paving, tree cells and lights	Freemason Arms	$2,167,200	Long
23. Palmer Lane public domain works – including paving, tree cells and lights	Palmer Street	$1,269,360	Long
24. Andrew Nash Lane public domain works – including paving, tree cells and lights	George St between Horwood Pl and Smith St	$804,960	Long
25. Lane 14 (future service lane) public domain works – including paving, tree cells and lights	Connection between Civic Link and rear of Mayfair Plaza	$1,190,160	Medium
26. Lane 49 (existing arcade to be redeveloped into pedestrian lane) public domain works – including paving, tree cells and lights	Mayfair Plaza	$793,440	Medium
27. New Service Lane connecting Lane 14 to Phillip Street public domain works – including paving, tree cells and lights)	In Erby Place block of Civic Link	$793,440	Medium
28. Lane 16 public domain works – including paving, tree cells and lights	Smith Street to Civic Link & Metro West	$661,200	Medium
29. George Khattar Lane public domain works – including paving, tree cells and lights	Service Lane connecting Phillip Street to the River Foreshore, adjacent 66 Phillip Street	$925,680	Medium
30. Phillip Lane public domain works – including paving, tree cells and lights	Phillip Lane	$793,440	Medium
31. United Lane public domain works – including paving, tree cells, and lights)	United Lane off Macquarie Street	$774,000	Medium
32. Barrack Lane public domain works – including paving, tree cells and lights	Between Macquarie Street and George Street	$2,476,800	Medium
33. Argus Lane public domain works – including paving, tree cells and lights	East end of Union Street between Macquarie Street and George Street.	$2,244,600	Medium
34. Oyster Lane public domain works – including paving, signage, and lights	Pedestrian lane off Church St, linking to 12 Phillip St	$247,000	High
35. Unnamed Lane public domain works – including paving, signage, and lights	Pedestrian lane off Phillip St, adjacent to 78 Phillip St	$213,750	High
36. Unnamed Lane public domain works – including paving, signage, and lights	Council proposed pedestrian lane at Phoenician Restaurant, Church St to MAAS	$323,000	High
37. Wentworth Car Park Lanes public domain works – including paving, tree cells and lights	Lanes around and through Wentworth Car Park	$4,892,880	Short
38. Lane N2 Public Domain works – existing property to be redeveloped into pedestrian lane, including paving, tree cells and lights	Church Street to MAAS (El Phoenician site)	$1,057,920	Medium
Public toilet provision
39. Design and construction of 2 new public toilet facilities to ensure access to these amenities is available across the CBD.	Prince Alfred Square and additional site within the CBD.	$1,000,000	Short-Medium
Parramatta Light Rail public domain integration
40. Public domain works to deliver a quality urban design and streetscape outcome along the Parramatta Light Rail interface with Church Street, if required	Church Street between Victoria Road and Pennant Hills Road	$13,950,000	Short
41. Public domain works to deliver a quality urban design and streetscape outcome along the Parramatta Light Rail interface with Macquarie Street, if required	Macquarie Street between Church Street and Harris Street	$5,250,000	Short
Major program of works responding to CBD flooding issues
42. Drainage improvements across the CBD to reduce localised flooding and improve stormwater quality and quantity into the Parramatta River.	Throughout CBD	$40,000,000	Short
43. Large-scale flood mitigation program of works to address flooding from the Parramatta River.	Throughout CBD	$79,011,000	Medium
Smart cities
44. CCTV and associated works	Throughout CBD	$2,200,000	Short
45. Rationalisation of utilities e.g. undergrounding power in Auto Alley and North Parramatta	Throughout CBD	$20,000,000	Short-Medium
46. Multi-function poles for non-major streets	Throughout CBD	$2,640,000	Short
Land and floorspace acquisition contingency
47. Additional aggregate cost component for land and floor space acquisition for local infrastructure broadly across the CBD. This item allows for 1 ha of land and 1 ha of floor space acquisition at market rates where land/floor space acquisition is required on a site and the landowner/developer cannot transfer an equivalent amount of floor space yield allocated for the community infrastructure elsewhere on the development site.	Throughout CBD	$138,000,000	Short-Medium-Long
		$573,901,590

Table C4: Traffic and transport works

Description	Location(s)	Estimated cost	Timing[19]
Pedestrian improvement
1. Pedestrian and street lighting under Parkes Street rail overbridge	Parkes Street at Railway Bridge	$100,000	Short
2. Pedestrian safety improvements at a minimum of 10 locations throughout the CBD e.g. George Street, mid-block refuge	Minimum 10 locations throughout CBD	$10,000,000	Short - Long
CBD Bike Plan projects
3. North-south CBD cycle route consisting of a physically separated 2-way on-road cycleway along Marsden Street, Marist Place, Villers Street, Harold Street, and Church Street	Marsden Street, Marist Place, Villers Street, Harold Street, and Church Street	$17,755,100	Short
4. East-West CBD cycle route consisting of a physically separated 2-way on-road cycleway along George Street and Arthur Street	George Street and Arthur Street	$10,256,700	Short
5. Queens Wharf Reserve cycling link from Alfred Street Rosehill to George St Parramatta, connecting to the western end of the 2-8 River Road West path (Item 6)	Queens Wharf Reserve from Alfred Street to George Street	$2,094,750	Short
6. Shared cycling and walking link under James Ruse Drive to 10-12 River Road West	James Ruse Drive to 10-12 River Road West	$1,200,000	Short
7. Shared paths on the western side of Pitt Street between Argyle Street and Macquarie Street and the northern side of Macquarie between Pitt Street and O'Connell Street	West side of Pitt St between Argyle Street and Macquarie Street; and north side of Macquarie Street between Pitt Street and O'Connell Street.	$472,500	Short
8. Fully lit, 2-way compliant pedestrian and cyclist cycleway from Queens Road to George Street through Parramatta Park providing an east-west connection.	Queens Road to George Street cycleway (through Parramatta Park)	$20,000,000	Short
9. Cycling links along the western side of Church Street (south of Parkes) from Boundary Street to Parramatta Road	Church Street (south of Parkes) from Boundary Street to Parramatta Road	$400,000	Short
10. Cycling links along the eastern side of Church Street (south of Parkes) from Parkes Street to Junction Street	Church Street (south of Parkes) from Parkes Street to Junction Street	$700,000	Medium
11. Cycling links on the north side of Parkes Street between Church Street and Station Street East	Northern side of Parkes Street between Church Street and Station Street East	$50,000	Short
Median islands
12. Median island in Marsden Street between Macquarie Street and George Street to ensure driveways are left in/left out – includes kerb realignment and new tree planting on the west side of the street	Marsden Street between Macquarie Street and George Street	$1,000,000	Long
13. Median island in Parkes Street between Wigram Street and Harris Street to ensure driveways are all left in/left out	Parkes Street between Wigram Street and Harris Street	$200,000	Long
Intersection upgrades
14. Intersection upgrades across the Parramatta CBD to accommodate for increased pressure on the road network resulting from growth	10 locations throughout CBD	$8,000,000	Short - Medium
15. Intersection upgrade and road widening at Harris Street and Parkes Street	Intersection of Harris Street and Parkes Street	$5,000,000	Medium
CBD road widenings
16. Road widening for the eastbound right turn bay for traffic turning from Parkes Street into Wigram Street	Intersection of Parkes Street and Wigram Street	$3,000,000	Medium
17. Other road widenings associated with growth throughout North Parramatta and CBD	Throughout North Parramatta and CBD	$50,000,000	Medium-Long
Bridge improvements
18. Duplicate Gasworks Bridge (Macarthur Street) – including a pedestrian and bike path on the western side	Gasworks Bridge	$30,000,000	Medium
19. Marsden Street Bridge upgrade, including walking and cycling	Marsden Street Bridge	$9,000,000	Short-Medium
20. Omitted as item already fully funded
Last mile delivery facility
21. ‘Last mile’ delivery facility – to allow local deliveries and relieve pressure on CBD road network	To be confirmed. Potential location includes the ground floor of the metro site.	$3,000,000	Medium
Smart parking
22. Smart wayfinding, ticketless parking, on street smart metering, and parking data capture	Throughout CBD	$4,000,000	Medium
		$176,229,050

Council 4 December 2023 Item 13.5

REPORTS TO COUNCIL - FOR COUNCIL DECISION

ITEM NUMBER 13.5

SUBJECT Epping Aquatic Centre - Approval to Lodge DA

REFERENCE F2022/03176 - D09205833

REPORT OF Assistant Development Manager

CSP THEME: Accessible, Innovative, Welcoming

workshop/briefing date: Councillor Workshop – 18 October 2023

PURPOSE:

To seek Council approval to lodge the Development Application and proceed to Tender Phase for the Epping Aquatic Centre project.

RECOMMENDATION

(a) That Council approve the submission of a Development Application based on the attached architectural plans.

(b) That Council note the Project Control Group’s (PCG) proposed staging plan which will provide flexibility to Council with regard to the planning process, tender and head contract; and facilitate the commencement of construction as soon as possible.

(c) That Council endorse the progression of the project to the detailed design development and head contractor tender phase; with the outcomes of the tender to be reported back to Council.

BACKGROUND

1. At the 11 April 2023 Ordinary Council Meeting, Council resolved that Development Application (DA) documentation be developed for the Epping Aquatic Centre project based on the following project brief: 20 metre Indoor Pool; Upgrades to filtration of the existing 6-lane Outdoor 50m Pool; New amenities building and accessibility upgrades; and Toddler pool with water play elements. Council also resolved that Council officers continue to investigate additional funding sources and opportunities for cost savings to deliver the project within budget.

2. At the 14 July 2023 PCG meeting, the PCG resolved to divide the scope of works for the project into three stages and to proceed to DA submission and tender for all three stages. Note, Stage 3 consists of a detached building comprising additional storage and group changerooms which was not part of the concept design that was considered by Council in April and shared with the community in June. This building was identified in the design development process and whilst it is not critical to the function of the facility, the PCG determined that it should be considered in the ultimate design of the facility and delivered if Council has sufficient budget to do so, pending the tender process.

3. At the PCG meeting of 4 August 2023, the PCG resolved to adopt the Epping Aquatic Centre Functional Brief; which was developed by Council’s internal subject matter experts and sets out the detailed functional requirements and specifications for the project. These functional requirements and specifications have been considered and incorporated into design documentation.

ISSUES/OPTIONS/CONSEQUENCES

4. The Epping Aquatic Centre Project has a total project budget of $26,877,465. The attached DA Cost Plan estimates the construction cost of all three stages (including preliminaries, margin, professional and authority fees) to be $23,137,451 Ex GST. Note, that this figure does not include Council’s overheads, currently estimated to be $1,821,980; or contingency, which will ultimately be determined following the outcome of the head contractor tender process which will take into consideration a more detailed level of design as well as the DA conditions of consent.

5. Council officers continue to pursue additional grant funding opportunities such as the Community Energy Upgrade Fund Program, which “will support local governments through co-funding energy efficiency and electrification upgrades of local government facilities”. Applications for this grant open in January 2024 and close in April 2024.

6. The staging plan has been designed to provide Council the flexibility to await the results of the tender process and grant fund applications before determining the final scope of works for the project. Further, it is proposed that the tender and head contract be structured in such a way that, should Council not have sufficient budget to opt in to all three stages at the commencement of the project, Council will maintain the flexibility to take up optional prices for the latter stage/s as construction progresses and contingency levels are reasonably reduced to reflect the level of construction risk at the time; or in the scenario that additional funding becomes available. This approach will allow Council to commence construction as soon as possible, so as not to risk forfeiture of the Stronger Communities Fund grant which requires the Head Contract to be executed by 30 June 2024.

CONSULTATION & TIMING

Stakeholder Consultation

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

Date	Stakeholder	Stakeholder Comment	Council Officer Response	Responsibility
[Date of consultation]	[Name / Type of stakeholder]	[Summary of feedback from stakeholder (max. 50-100 word limit)]	[Council’s response to the feedback (max. 50-100 word limit)]	[Business Unit / Directorate / Staff responsible for consultation]
June 2023	Community	The concept design was shared with the community, who were generally supportive of the design and were pleased to see the proposed upgrades progressing.	Feedback was incorporated into the DA design where practical. Some feedback such as increasing the size of the indoor pool was not possible to realise due to site and budget constraints.	Property & Place.

Councillor Consultation

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

Date	Councillor	Councillor Comment	Council Officer Response	Responsibility
[Date of consultation]	[Name of Councillor / Ward Councillors]	[Summary of feedback from Councillor(s)]	[Council’s response to feedback]	[Business Unit / Directorate / Staff responsible for consultation]
11 October 2023	Epping Ward Councillor Briefing	Councillors were supportive of the DA being lodged and the project proceeding to the next phase. Councillors understood the staging plan and tender strategy.	DA documentation has continued to be developed in preparation for submission.	Property & Place
18 October 2023	Councillor Workshop	Councillors were supportive of the DA being lodged and the project proceeding to the next phase. Councillors understood the staging plan and the flexibility it provides.	DA documentation has continued to be developed in preparation for submission.	Property & Place

LEGAL IMPLICATIONS FOR COUNCIL

9. There are no legal implications for Council associated with this report.

FINANCIAL IMPLICATIONS FOR COUNCIL

10. If Council resolves to approve this report in accordance with the proposed resolution, there are no unbudgeted financial implications for Council’s budget.

11. Council has resolved a total project budget of $26,877,455 comprised of the following funding sources:

Stronger Communities Fund grant - $14.3M

S7.11 Former Hornsby Plan (Open Space & Recreation) - $8.5M

S7.11 Former Hornsby Plan (Communities Facilities) - $2,852,215

Proceeds of sale - Epping laneway - $1,235,250 (for road work)

12. The table below summarises the financial impacts on the budget arising from approval of this report.

	FY 22/23	FY 23/24	FY 24/25	FY 25/26
Revenue
Internal Revenue
External Revenue
Total Revenue	Nil	Nil	Nil	Nil

Funding Source

Operating Result
External Costs
Internal Costs
Depreciation
Other
Total Operating Result	Nil	Nil	Nil	Nil

Funding Source

CAPEX
CAPEX
External
Internal
Other
Total CAPEX	Nil	Nil	Nil	Nil

Ben Chaplin

Assistant Development Manager

Bruce Mills

Acting Executive Director Property & Place

Roxanne Thornton

Chief Governance & Risk Officer

John Angilley

Executive Director Finance & Information

Gail Connolly

Chief Executive Officer

Attachments:

1	DA Cost Plan (separately enclosed)	51 Pages
2	DA Architectural Plans (separately enclosed)	21 Pages

REFERENCE MATERIAL

Council 4 December 2023 Item 13.7

REPORTS TO COUNCIL - FOR COUNCIL DECISION

ITEM NUMBER 13.7

SUBJECT Gateway Request: Planning Proposal, draft Planning Agreement and draft Site-Specific Development Control Plan at 263-273 Pennant Hills Road and 18 Shirley Street, Carlingford

REFERENCE RZ/5/2023 - D09206084

APPLICANT/S Karimbla Properties (No. 61) Pty Ltd

OWNERS Karimbla Properties (No. 61) Pty Ltd

REPORT OF Project Officer Land Use

CPS THEME: Innovative

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).

Development Application (DA/53/2022) was lodged on 21 January 2022 for construction of seven 10-13 storey buildings comprising 620 residential units, child care centre for 110 children, 1,735sqm of 17 neighbourhood retail shops and 864 basement car parking spaces; publicly accessible open spaces and through site links; roads; landscaping; and tree removal. The application was refused by the Sydney Central City Planning Panel on 7 December 2022. The DA is currently the subject of an appeal to the Land and Environment Court and a conciliation conference was held on 20 October 2023.

PURPOSE

To seek Council’s approval of a Planning Proposal for land at 263-273 Pennant Hills Road and 18 Shirley Street, Carlingford to be forwarded to the Department of Planning & Environment (DPE) for the purposes of seeking a Gateway Determination, and to seek Council’s endorsement to finalise an associated Planning Agreement and draft Site-Specific Development Control Plan for public exhibition concurrently with the Planning Proposal if a Gateway Determination is received.

RECOMMENDATION

(a) That Council approve for the purposes of seeking a Gateway Determination from the Department of Planning and Environment (DPE), the Planning Proposal for land at 263-273 Pennant Hills Road and 18 Shirley Street, Carlingford (Attachment 1) which seeks to amend the Parramatta Local Environmental Plan 2023 (PLEP 2023) in relation to the subject site by:

i. Reconfiguring the existing R4 High Density Residential and RE1 Public Open Space zones.

ii. Increasing the Maximum Height of Building control from 33m (11 storeys) on the Pennant Hills Road frontage to 110m (29 storeys) and from 27m (9 storeys) on the remainder of the R4 zoned portion of the site to 56m (18 storeys).

iii. Increasing the Maximum Floor Space Ratio control for the R4 High Density Residential zoned land from 2.3:1 to 3.6:1.

iv. Amending Schedule 1 Additional Permitted Uses to increase the maximum gross floor area of parts of the buildings used for business premises, food and drink premises, recreational facilities (indoor) and shops on the R4 High Density Residential zoned part of the site from 2,000 sqm to 2,600 sqm.

(b) That Council request the DPE to provide Council with the authorisation to exercise its plan-making delegations for this Planning Proposal.

(c) That Council note the Local Planning Panel’s advice to Council (refer to Attachment 2) is consistent with the Council Officer’s recommendation in this report.

(d) That Council authorise the CEO:

a. To amend the draft site-specific Development Control Plan (SSDCP) (Attachment 3) to align with the Planning Proposal and address the matters as described in this report;

b. To draft the Planning Agreement subject to the details within the submitted Letter of Offer (Attachment 4) which address the matters described in this report; and

c. If a Gateway Determination is issued by DPE, that the Planning Agreement and SSDCP are placed on public exhibition concurrently with the Planning Proposal.

(e) That if a Gateway Determination is issued by DPE, Council staff liaise with the Department of Education to ensure that it plans for the timely provision of adequate capacity at local schools to meet the additional need that would be generated by the future development.

(f) That Council authorise the CEO to correct any minor anomalies of a non-policy and administrative nature that may arise during the plan-making process and finalisation of the documents.

(g) Further, that Council:

a. Notes that the planning controls for this part of Carlingford were prepared by The Hills Shire Council 11 years ago.

b. Notes that this part of Carlingford is located in an already identified Growth Precinct in accordance with Council’s Local Strategic Planning Statement (LSPS) and Local Housing Strategy (LHS) presenting an opportunity to optimise the potential for this Growth Precinct to accommodate housing growth.

c. Request the CEO to investigate the work required to review the planning controls for this Growth Precinct and for this to inform the 2024/25 budget.

BACKGROUND

1. In September 2023, Karimbla Properties (No.61) Pty Ltd lodged a Planning Proposal with the City of Parramatta Council for land at 18 Shirley Street and 263-273 Pennant Hills Road, Carlingford to enable the development of the site for high density residential development and commercial uses including reconfiguring the existing residential and open space zoning.

2. On 2 November 2023, the Local Planning Panel (LPP) provided advice to Council recommending it approve the Planning Proposal for the purposes of requesting a Gateway Determination for the site as per the Council Officer recommendation in this report. The Panel’s endorsement of the Planning Proposal was subject to Council considering several matters which are detailed in this report.

3. The site has a complex planning history detailed at Attachment 5.

PLANNING PROPOSAL TIMELINE

SITE DESCRIPTION

4. The subject site (Figure 1) is known as 263-273 Pennant Hills Road and 18 Shirley Street, Carlingford and comprises of seven 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
18 Shirley Street	Lot 1, DP 1219291

Figure 1 - Subject Site

5. The site is irregular in shape and has a total area of approximately 27,987sqm, made up of 6,050 sqm of RE1 Public Recreation zoned land and 21,880 sqm of R4 High Density Residential zoned land and 57 sqm of SP2 Infrastructure zoned land.

6. The site is located on the western side of Pennant Hills Road (classified road) and the southern and eastern 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.

7. The site is located approximately 400 metres east from the Carlingford Light Rail stop and 60m to the south of the Carlingford Village shopping centre (Figure 2).

Figure 2 – Local Context Map

PLANNING PROPOSAL

8. The Planning Proposal seeks to facilitate a higher density mixed use development scheme (Figure 3) on the site than is allowed under the current planning controls by increasing the Floor Space Ratio and Height of Building controls and reconfiguring the layout of R4 High Density Residential and RE1 Public Recreation zoned land. The proposal also includes a substantial public benefit offering including a library, community space and consolidated open spaces. Further details are outlined in the LPP Report at Attachment 2 and the Planning Proposal at Attachment 1.

A 3d model of a city

Description automatically generated

Figure 3 – Reference Scheme

9. Table 2 describes the instrument changes being sought under the Planning Proposal compared with the current controls under PLEP 2023. Refer to the LPP Report (Attachment 2) for mapping changes.

Table 2 – Proposed PLEP 2023 Amendments

	Existing as per PLEP 2023	Dyldam DA – existing consent (Excludes 263-273 Pennant Hills Road)	Proposed changes to PLEP 2023
Zoning	Part R4 High Density Residential, Part RE1 Public Recreation and Part SP2 Infrastructure	Part R4 High Density Residential, Part RE1 Public Recreation, Part SP2 Infrastructure	Reconfigured part R4 High Density Residential and RE1 Public Recreation. Existing SP2 Infrastructure to remain as is.
Site Area	27,987 sqm	23,482 sqm	27,987 sqm
Dwelling Yield	526	450 on Dyldam site	723
GFA	50,454 sqm residential	Total GFA 53,069 sqm residential	Total GFA 80,510 sqm - 74,655 sqm residential - 2,500 sqm Community Hub - 550 sqm childcare centre - 2,600 sqm non-residential - 5,585 sqm of RE1 Public Open Space - 4,760 sqm Central Park to be dedicated.
HoB	Part 33m (11 storeys) and part 27m (9 storeys)	Part 27m (9 storeys) on Pennant Hills Road and Part 33m (11 storeys) on the remainder of the site.	Part 110m (29 storeys) and part 56m (18 storeys)
FSR	2.3:1	3:1 (excluding open space)	3.6:1
Additional Permitted Uses	As per Schedule 1 of PLEP 2023 shops, food and drink premises and business premises and recreation facilities (indoor) on the R4 High Density Residential zoned part of the site - maximum GFA of 2,000 sqm on the R4 High Density Residential zoned part of the site.	NA	Schedule 1 of PLEP 2023 to shops, food and drink premises, business premises and recreation facilities (indoor) on the R4 High Density Residential zoned part of the site - maximum GFA of 2,600 sqm on the R4 High Density Residential zoned part of the site.

10. The existing development consent that applies to the 18 Shirley Street portion of the site allows a 30% increase in floorspace permitted on that site (as the RE1 Public Open Space land was included in the calculations of floor space ratio) to 53,069 sqm which equates to an FSR of 3:1 for this site. The subject Planning Proposal seeks a total floorspace of 80,510 sqm which equates to an FSR of 3.6:1 when the 263-273 Pennant Hills Road properties are added to the site and public open space is excluded from the calculation of FSR.

11. It is also noted there was a development application refused by the Sydney Central City Planning Panel on 7 December 2022 for 263-273 Pennant Hills Road and 18 Shirley Street, Carlingford. The DA is currently the subject of an appeal to the Land and Environment Court and a conciliation conference was held on 20 October 2023. Refer to the LPP Report (Attachment 2) for details.

SUMMARY OF COUNCIL OFFICER ASSESSMENT

12. Council officers’ assessment of the Planning Proposal is summarised below. Further details of the assessment are provided in the LPP Report (Attachment 2).

State Planning Policies and Strategies

13. The Minister for Planning has recently written to all councils and planning panels asking them to ‘prioritise the delivery of housing when assessing development applications and rezoning schemes, so that the entire planning system is geared to addressing the housing shortfall’. The Minister further asks that ‘...council teams prioritise the opportunity to deliver homes as part of merit considerations where, on balance, dwelling numbers may warrant a scale or built form that is different to or greater than the outcome originally anticipated’ (see Attachment 6).

14. The Minister also advises in his letter that updated region and cities plans are being prepared by the Greater Cities Commission, and that in the meantime a strategic merit assessment should be applied to Planning Proposals which will be used to confirm if the proposal can satisfy relevant regional, district, and local strategies.

15. The Planning Proposal presents the opportunity to accommodate more housing growth in an already identified Growth Precinct in accordance with Council’s Local Strategic Planning Statement (LSPS) and Local Housing Strategy (LHS). The outcome will generate greater public benefits than the existing development controls and consent for the site, provide a much better distribution of open space and building layout, and deliver much greater community infrastructure benefit. A summary of how the subject Planning Proposal is consistent with all relevant policies is provided in the LPP report at Attachment 2.

16. It is also considered that in the context of the need to ensure the potential for Carlingford to continue to appropriately contribute towards meeting growing housing needs it is timely to review the planning controls for this part of Carlingford. It is therefore recommended that this work be included in the Council budget for 2024/25. It is noted that the current Carlingford Precinct built form strategy was developed in The Hills Development Control Plan 2012 prepared by The Hills Shire Council 11 years ago. It is appropriate for Council to review the scale of development in Carlingford to contribute to housing supply.

Urban Design and Built Form

17. As detailed in the LPP Report (Attachment 2) Council officers have identified several impacts associated with the increased scale, density, built form and design of the proposal. The LPP report also notes that there are opportunities to improve the site planning and public domain relating to the bulk and scale of buildings to ensure that amenity is maximised within the proposed height and density controls, and it is recommended that the draft SSDCP controls be amended to address these matters.

Traffic, Transport and Parking

18. Council officers undertook a detailed assessment of the proposal. The proposal is supported on grounds relating to public transport and site access.

19. Carparking in accordance with the NSW Guide to Traffic Generating Developments is supported as is the proposed parking for the community hub. For the childcare centre and retail components, the applicant’s reliance on The Hills DCP parking rates is acceptable given The Hills DCP requires higher minimum parking rates than the Parramatta DCP.

20. Signalisation of the Pennant Hills Road/Lloyd Road/Evans Street intersection will be required to facilitate safe pedestrian access to south bound bus stops on Pennant Hills Road. The upgrade design and funding arrangements with the applicant will be addressed by Transport for NSW (TfNSW).

Other Considerations

21. The detailed analysis contained in the LPP Report (Attachment 2) addresses the relevant State and Council policies, land use and zoning, wind impacts, heritage, acoustic impacts, environmentally sustainable design, overland flow, social impact, open space, landscaping and arboriculture, retail and economic impact, and geotechnical and contamination issues.

22. Some of these matters will additionally be covered in the draft site-specific DCP, which will be exhibited concurrently with the Planning Proposal and Planning Agreement should Council resolve to proceed with the Proposal and a Gateway Determination be issued by the DPE.

23. Furthermore, in relation to the issue of the ability of local schools to serve the development, it is recommended that if a Gateway Determination is issued by DPE, Council staff liaise with the Department of Education to ensure that it plans for the timely provision of adequate capacity at local schools to meet the additional need that would be generated.

LOCAL PLANNING PANEL ADVICE

24. The Local Planning Panel considered this matter at its meeting of 8 November 2023 (Attachment 2) and provided the following advice to Council:

“The Local Planning Panel acknowledges that the site is the largest privately owned residential development site within the Carlingford Precinct and is in close proximity to the proposed Carlingford Light Rail Station. The Panel further notes the significant public benefits proposed as part of the proposal.

That subject to the matters below, the Panel endorses the Council Officer’s recommendations as contained in the report.

Further consideration be given to adjusting the massing of the buildings on the Pennant Hills frontage to improve the visual impact and overshadowing.

Further detailed modelling be undertaken to confirm the statement by the applicant’s town planner at the panel meeting that overshadowing to the buildings on the other side of Pennant Hills Road (346-362 Pennant Hills Road) will not be increased by more than 17% as described in the Apartment Design Guide.

The provision of car parking appears excessive and should be reviewed.

That Council initiate urban design and planning studies to guide future growth in the Carlingford Precinct.”

Council Officer Response

25. Council have previously explored a range of potential site layout options including testing the possibility of redistributing building mass away from Pennant Hills Road to other buildings to reduce the overshadowing impacts on apartments to the southeast. The increased height has been focused on the Pennant Hills Road frontage to respond to, and manage, the impacts on properties on Shirley Street in accordance with the Parramatta DCP 2023 which encourages more substantial buildings on Pennant Hills Road and to avoid encroachment into the open space. However, consideration will also be given to introducing built form controls into the draft site-specific DCP to help mitigate the impacts identified.

26. The overshadowing modelling of the impacts on the apartment buildings on the opposite side of Pennant Hills Road has been checked. It is confirmed that the increased shadow impact accords with the Apartment Design Guide requirement that where an adjoining property does not currently receive the required hours of solar access, the proposed building ensures solar access to neighbouring properties is not reduced by more than 20%. In other words, the proposal cannot reduce solar access to an adjoining property by more than 20% where these properties already receive less than the required amount of solar access.

27. A detailed review of the applicant’s overshadowing modelling will be undertaken at the Gateway stage of the proposal.

28. As noted earlier, carparking for the residential component is proposed in accordance with the NSW Guide to Traffic Generating Developments. Application of the minimum carparking rates in The Hills DCP is considered acceptable for the childcare centre and retail components. Council’s Traffic Engineer supports the use of these rates and the application of a 20 carparking space requirement for the community hub.

29. Council staff agree that it is timely to review and update the planning controls for this part of Carlingford in the context of the need to ensure Council plans optimise the potential for this Growth Precinct as identified in Council’s LHS and LSPS to contribute to meeting the growing housing needs of the community. It is therefore recommended that this work be included in the Council budget for 2024/25.

PLANNING AGREEMENT

30. The Planning Proposal is accompanied by a Letter of Offer (Attachment 4) which proposes to deliver the following public benefits at a value estimated by the applicant to be $27.5 million:

· Dedicate a 2,500 sqm community hub to Council, including 1,800 sqm ‘warm shell’ library and 700 sqm ‘warm shell’ community centre with the provision of 20 parking spaces (refer to Figure 4);

· Embellish and dedicate at least 5,585 sqm of public open space to Council, in the land proposed to be zoned RE1;

· Embellish and make accessible, via public easement, approximately 595 sqm of publicly accessible open space; and

· Include a monetary contribution equivalent to the Section 7.11 Contributions, enabling Council to directly allocate this funding to the fit-out of the community centre.

Figure 4 – Proposed VPA Items

31. A preliminary assessment of the Letter of Offer by Council Officers concludes that in principle the items offered are acceptable in terms of their nature, subject to design modifications with the only exception being the dedication of the Community Link referred to as ‘Dedicated Public Open Space 2’ in Figure 4 for the reasons noted in the LPP Report at Attachment 2.

SITE SPECIFIC DEVELOPMENT CONTROL PLAN

32. A draft Site-Specific Development Control Plan (SSDCP) (Attachment 3) has been prepared by the applicant to accompany the Planning Proposal. The draft SSDCP provides details on site arrangement, road layout, envelope controls and open space for the site. The SSDCP seeks to guide future development consistent with the concept design for the site. The draft SSDCP will provide site-specific controls for:

· Indicative site structure and arrangement.

· Public domain and open space.

· Residential and non-residential uses.

· Storey height.

· Setbacks and building depths.

· Building design and material.

· Landscaping.

· Vehicle access and parking.

· Environmental Sustainability.

· Public Art.

33. It is considered that the current draft SSDCP submitted by the applicant requires amendment. The amendments will include addressing site-specific built form objectives and controls relating to: upper-level setbacks, building modulation, building separation, rationalisation of building stepping, reverse podiums, basement protrusions above ground level, material finishes and distinction between podium and tower elements, in addition to those issues identified in the LPP Report and required by the LPP (refer Attachment 2).

34. It is proposed that the SSDCP will be updated to address these matters before it is placed on public exhibition with the Planning Proposal following the DPE issuing of a Gateway determination for the Planning Proposal.

PLAN MAKING DELEGATIONS

35. Should Council resolve to endorse the Planning Proposal to proceed, it is recommended that Council request that it exercise its plan-making delegations. This means that once the Planning Proposal has been to Gateway, undergone public exhibition and been adopted by Council, Council officers will deal directly with the Parliamentary Counsel Office on the legal drafting and mapping of the amendment. The LEP amendment is then signed by the CEO before being notified on the NSW Legislation website.

CONSULTATION & TIMING

36. The Planning Proposal and supporting documents were referred internally to various Council staff/teams and specialty consultants Flux Consulting as detailed in the LPP Report (Attachment 2).

37. Preliminary consultation with TfNSW was also undertaken. Formal consultation will occur as part of the Gateway process.

38. No public consultation has yet been undertaken relating to this Planning Proposal. Should Council resolve to proceed with the Planning Proposal it, and all related information, will be submitted to the DPE for Gateway Determination. Community consultation will be undertaken as required by the Gateway Determination.

FINANCIAL IMPLICATIONS FOR COUNCIL

39. Should Council resolve to proceed with the Planning Proposal, the costs incurred in conducting the community consultation are covered by the fees associated with the submission of the Planning Proposal. The developer will reimburse any legal costs relating to the drafting/negotiation of the Planning Agreement.

40. The Planning Proposal is accompanied by a Letter of Offer (Attachment 4) which proposes that the applicant enter into an agreement to deliver a range of community infrastructure. The financial implications of the offer will be presented to Council.

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

	FY 22/23	FY 23/24
Revenue Contribution

Operating Result	Nil	Nil
External Costs
Internal Costs
Depreciation
Other
Total Operating Result	Nil	Nil

Funding Source

CAPEX	Nil	Nil
CAPEX
External
Internal
Other
Total CAPEX	Nil	Nil

Funding Source

LEGAL IMPLICATIONS FOR COUNCIL

42. The drafting of the Planning Agreement will be by both parties in accordance with the recommendations of this report.

CONCLUSION AND NEXT STEPS

43. This report recommends that the Planning Proposal for 263-273 Pennant Hills Road and 18 Shirley Street, Carlingford be submitted to the DPE for Gateway assessment.

44. It is recommended that Council endorse the preparation of a draft Planning Agreement for 263-273 Pennant Hills Road and 18 Shirley Street, Carlingford based on the submitted Letter of Offer and to address the matters described in this report, and that the Chief Executive Officer be authorised to prepare the legal drafting.

45. It is recommended that Council endorse that the draft SSDCP be amended to align with the Planning Proposal and address the matters as described in this report.

46. If approved, the Planning Proposal, a draft Planning Agreement and draft SSDCP will be publicly exhibited concurrently for 263-273 Pennant Hills Road and 18 Shirley Street, Carlingford for a minimum of 28 days. A further report will be prepared for Council on the outcome of the public exhibition.

Rafael Morrissey

Project Officer Land Use

Carmel O'Connor

Team Leader Land Use Planning

David Birds

Group Manager, Major Projects and Precincts

Jennifer Concato

Executive Director City Planning and Design

John Angilley

Executive Director Finance & Information

Gail Connolly

Chief Executive Officer

Attachments:

1	Planning Proposal & Appendices (separately enclosed)	854 Pages
2 ⇩	LPP Minutes & Report - 8 November 2023	28 Pages
3 ⇩	Draft Site-Specific Development Control Plan	25 Pages
4 ⇩	Letter of Offer to enter into a Planning Agreement	5 Pages
5 ⇩	Site History	3 Pages
6 ⇩	Letter from Minister of Planning & Public Spaces	2 Pages

REFERENCE MATERIAL

Council 4 December 2023 Item 13.8

REPORTS TO COUNCIL - FOR COUNCIL DECISION

ITEM NUMBER 13.8

SUBJECT Response to Community Pantry Initiative

REFERENCE F2022/03176 - D09193126

REPORT OF Community Capacity Lead

CSP THEME: Fair and Thriving

workshop/briefing date: Nil

PURPOSE:

To respond to a prior Council resolution to prepare a report detailing the range of support available to those in need in our community for free or low-cost food, groceries, pantry staples and personal products and how this support is promoted to people in need.

RECOMMENDATION:

(a) That the Lord Mayor write to the NSW Minister for Families and Communities, Kate Washington MP, the Commonwealth Minister for Social Services, the Hon Amanda Rishworth MP and the Federal and State Members for Parramatta to advocate for an increase in funding for material and food aid services, including rent assistance, to meet current demand.

(b) Further that, Council distribute the $16,500 savings (obtained from not progressing with the increase in the annual Councillor allowance) equally among the following local not-for-profits, to support the provision of food, material aid and petrol vouchers to the local community:

i. Karabi Community and Development Services

ii. Parramatta Mission

iii. Hope Connect

BACKGROUND

1. At its meeting on 26 June 2023 Council acknowledged the increasing cost of living, and asked the CEO to prepare a report to Council detailing the range of support available to those in need in our community for free or low-cost food, groceries, pantry staples and personal products and how this support is promoted to people in need. As well that report:

a. Identify, amongst other things, gaps in services, promotion/communications and other specific needs of the community services and organisations providing this support, including opportunities for Council to assist in addressing any identified gaps.

b. Further, that the report address how to allocate and distribute the $16,500, saved from the Councillor allowance not being increased in the 2023/24 budget, to organisations providing food relief in the Parramatta LGA.

2. Council acknowledges the important role that free to low-cost food services and material aid have in supporting communities who are in vulnerable situations, to meet their basic needs. Council also acknowledges the valuable role it can play in both delivering direct services to vulnerable people and supporting local services and groups responding to local needs. The following are the key initiatives that Council delivers to that end.

a. Meal on Wheels - Council is a low-cost food service provider through its Meals on Wheels service (Parramatta Food Services), which is coordinated by the Community Care team. The service provides low-cost meals to older people and/or people with disability on an ongoing basis.

b. Food Services at Prince Alfred Park - Through a permit system, Council monitors and supports coordination of volunteer run food services that are delivered from Prince Alfred Park. Council convenes a quarterly meeting of these services and provides free training on skills identified by the providers as required to support continuous improvement and quality service provision.

There are eight (8) volunteer run organisations/groups who have a Council permit to provide food services on a weekly basis. These services also provide information and referrals to local services. These organisations are: Sathay Sai Centre, Vinnies Food Van, Pathways Community Care Food, StreetMed, Maronites on a Mission, Shrimad Rajchandra Mission Dharampur, St Ioannis Greek Orthodox Church and St Merkorious Church.

c. Other Food Services - In addition to these organisations, there are a range of other organisations which operate in other CBD locations that provide a meal service. The details of all these organisations and the timing of their operations are detailed in Attachment 1.

d. Information on Council’s Website - Council lists twelve (12) organisations based within the LGA on its webpage that provide a variety of material and food aid to residents. These organisations are: Wesley Mission, St Vincent De Paul Society, Salvation Army, Jesuit Refugee Services, Anglicare, Christian Community Aid, Parramatta Mission, Cumberland Multicultural Community Services, Turbans 4 Australia, Hindu Council of Australia, Karabi Community and Development Services, and Hope Connect. The range of services and support these organisations provide is detailed in Attachment 2.

e. Sector and Service Coordination and Capacity Building - Council supports the coordination and promotion of government funded and volunteer run services that are supporting vulnerable people and communities. Council does this through the convening the Parramatta Regional Homelessness Interagency, the administration of Parramatta Regional Homelessness Interagency website, and the administration of Council webpages on homelessness, financial aid, and material aid.

f. Annual Community Grants Program - Community Capacity Building Grants provide one-off funding to local organisations to support their procurement and distribution of food and material aid items. In 2021 and 2022, Council distributed $21,600, in total, to three organisations-St Vincent De Paul Society, OzHarvest and The One Box Group Ltd-- to deliver food aid related projects in the LGA.

g. Data Collection- Council collects regular data on resident’s food security via the biannual survey: ‘Our City, My Life’. The survey is conducted by Council’s Social and Cultural Strategy Team. In which residents are asked, on a five-point scale rate how true is the statement --“have run out of food and could not afford to buy more in the last 12 months.” (see paragraph four below for recent results)

3. All organisations who provide material and food aid, advertise and promote their services via their websites, community networks (e.g. church and other religious congregations, neighbourhood networks), and through referral partnerships with other community organisations and social housing providers.

4. Risks with the promotion of services: the inherent challenge with the promotion of these limited services is the risk of services being overwhelmed with increased demand due their limited capacities. In this context, Council is best placed supporting targeted promotion when a particular service is being under-utilised or upon request.

ISSUES/OPTIONS/CONSEQUENCES

5. Food insecurity has increased within the community. Council’s bi-annual community survey: ‘Our City My Life’ asks about food security. In 2021 4% of the population indicated that they “have run out of food and could not afford to buy more in the last 12 months”. In 2023 the figure has increased to 11%.

a. Further analysis of data from this survey indicates that people were more likely to face food insecurity if they were young (18-35), or single, or have a disability or on a low income, and are living in the Rosehill Ward.

b. These survey findings are further supported by data from consultation with local services who have unanimously stated that they have seen an increase in demand for food, and that they are continuing to struggle to keep up with this demand.

c. Consultation data also linked the increase in food insecurity to the rise in private rental prices. Organisations related stories of residents seeking food aid after they have paid the rent. Or services have stated that are advising people to pay rent first, and then assisting residents to access food aid.

d. Furthermore, some organisations indicate that that it could be a gendered issue. These organisations report that increasing numbers of older single women, retired women and single parent families headed by women are coming to their services for food aid, regardless of their employment status.

6. Current government funding is not sufficient to meet increasing community demand for food and material aid. Food and material aid provision in the community is heavily reliant on volunteer labor and donations. Though it is always positive that communities can come together to support the most vulnerable, it inherently hides the fact that government funding continues to be insufficient.

a. This is leading to organisations feeling ‘stretched’ to meet the increased demand with existing paid and volunteer staffing resources.

b. Furthermore, procuring food is becoming challenging. The cost of the food has increased and at times the quality of the donated food had decreased. This means organisations are using more of their funds to procure the same amount of food, and the funds were not ‘going as far as it used to’.

c. The burden of funding insufficiencies falls heaviest on smaller, local not for profits. These smaller organisations do not have the extensive donor networks of larger organisations, like larger state-wide not for profit organisations, which can be readily mobilised to off-set the funding shortfalls.

d. Therefore, a targeted approach by Council to assist our local, smaller not for profits who provide food aid to the community; will ensure that we are supporting the community, while addressing a wider structural issue within the community service industry.

7. Housing affordability is impacting significantly on the community’s ability to meet its basic needs. All organisations unanimously stated that lack of appropriate affordable housing was their biggest issue.

a. Organisations continue to face challenges in assisting their community to access appropriate housing. These challenges were met in trying to access housing from across the spectrum, this included emergency housing, housing for young people and housing people without residency visas.

b. Rental affordability continues to be challenging within the LGA.

· The stock of affordable properties is low. From December 2022 only 32% of two-bedroom units and 5% of 1-bedroom units which were listed, were considered affordable for an average, low income household.

· 25% of all Parramatta residents are in rental stress, that is they are paying more than 30% of their household income in rent. This is affecting households across income brackets. But very low-income households are the most significantly affected, with 89% of households in this income bracket experiencing rental stress.

· As stated previously, external consultation has detailed stories of households needing to access food aid because of the rising cost of rent.

8. Internal and external consultations have identified several service gaps. Further consultation and research is required by Council, if we are to develop a response to these identified gaps. However, for the purposes of this report they are outlined as follows.

a. There is low-provision of free services that address loneliness and provide support to single, older people who are on lower incomes. Current free programs are targeted at families or for people who access aged care packages or disability care services. Council’s own Over 55s Leisure and Learning program and Active Parramatta programs are a significant low-cost option, but not free.

b. Organisations continue to request more community-based infrastructure to support people facing primary and secondary homelessness. They continue to request items such as: keyed lockers for people experiencing homelessness to secure their belongings; additional locations to have shower and wash/dry clothes; and 24/7 operating toilets throughout the LGA.

c. There needs to be more systemic advocacy to make the process of gaining identification easier for residents, because at this stage ‘to get an ID you need an ID’.

d. There is limited awareness amongst local organisations about the No Interest Loans Scheme as operated by Good Shepherd and Hope Connect, including the NILS service’s purpose and availability locally. However, NILS service providers have long waiting lists and are not asking for promotion that would increase this demand.

9. Taking all of this into consideration, this report makes two recommendations. One is for Council to engage in advocacy for the improved funding of emergency relief to address some of the pressures being experienced by services.

10. The second recommendation, related to the alternative use of savings from changes to the Councillor Allowance, would be to make a direct financial contribution to existing small services active in Parramatta. This recommendation proposes equal distribution to the following local not for profits is proposed, to support the provision of food, material aid and petrol vouchers to the local community:

i. Karabi Community and Development Services

ii. Parramatta Mission

iii. Hope Connect

CONSULTATION & TIMING

Stakeholder Consultation

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

Date	Stakeholder	Stakeholder Comment	Council Officer Response	Responsibility
12 Sept 2023	Christian Community Aid	See Attachment 4	Council Officer informed stakeholder that Council was collecting information to better understand the current ‘cost of living crisis’	Community Capacity Building Team, Social Community Services Unit, Community Services Directorate
13-14 Sept 2023	Volunteer Food Service Providers at Prince Alfred Park	See Attachment 4	Council Officer informed stakeholder that Council was collecting information to better understand the current ‘cost of living crisis’	Community Capacity Building Team, Social Community Services Unit, Community Services Directorate
18 Sept 2023	Karabi Community and Development Services	See Attachment 4	Council Officer informed stakeholder that Council was collecting information to better understand the current ‘cost of living crisis’	Community Capacity Building Team, Social Community Services Unit, Community Services Directorate
25 Sept 2023	Parramatta Mission	See Attachment 4	Council Officer informed stakeholder that Council was collecting information to better understand the current ‘cost of living crisis’	Community Capacity Building Team, Social Community Services Unit, Community Services Directorate
19 Oct 2023	Parramatta Regional Homelessness Interagency	See Attachment 4	Council Officer informed stakeholders that Council was collecting information to better understand the current ‘cost of living crisis’, and that Council acknowledges that there is an increase in food insecurity within the community	Community Capacity Building Team, Social Community Services Unit, Community Services Directorate

Councillor Consultation

12. 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

13. There are no legal implications for this report.

FINANCIAL IMPLICATIONS FOR COUNCIL

14. If Council resolves to approve this report in accordance with the proposed resolution, the financial impact on the budget is set out in the table below.

	FY 22/23	FY 23/24	FY 24/25	FY 25/26
Revenue
Internal Revenue
External Revenue
Total Revenue	Nil	Nil	Nil	Nil

Funding Source	Nil	Councillor Allowance saving	Nil	Nil

Operating Result
External Costs		$16,500
Internal Costs
Depreciation
Other
Total Operating Result	Nil	$16,500	Nil	Nil

Funding Source

CAPEX
CAPEX	N/A	N/A	N/A	N/A
External
Internal
Other
Total CAPEX

Sharmila Falzon

Community Capacity Lead

John Angilley

Executive Director Finance & Information

Jon Greig

Executive Director Community Services

Gail Connolly

Chief Executive Officer

Attachments:

1 ⇩	Attachment 1- List Material Aid and Emergency Relief Organisations in the LGA	5 Pages
2 ⇩	Attachment 2-Free or Low Cost Grocery Staples/ Food Hamper Distribution List	2 Pages
3 ⇩	Attachment 3-Free Meals or Food Distribution List	2 Pages
4 ⇩	Attachment 4 – Feedback from Community Stakeholders	2 Pages

REFERENCE MATERIAL

1. Community id, 2023, How many households are in need of affordable housing?, Housing Monitor, https://housing.id.com.au/parramatta/affordable-housing-need#how-many-households-are-in-need-of-affordable-housing (Accessed 30.10.2023)

2. Community id, 2023, Housing Stress in City of Parramatta, Housing Monitor,

https://housing.id.com.au/parramatta/housing-stress# (Accessed 30.10.2023)

Council 4 December 2023 Item 13.9

REPORTS TO COUNCIL - FOR COUNCIL DECISION

ITEM NUMBER 13.9

SUBJECT Deferred from OCM 20 November 2023 - Proposed Youth Inclusion Framework

REFERENCE F2022/03176 - D09228331

REPORT OF Community Capacity Building Lead

PREVIOUS ITEMS 8.5 - Youth Week 2023 - Council - 24 Apr 2023 6:30PM

CSP THEME: Accessible

workshop/briefing date: Nil

PURPOSE:

To respond to a Council resolution to develop a Youth Strategy and propose the development of a Youth Inclusion Framework describing the feasibility, scope and methodology to develop it.

This report proposes that a framework, instead of a strategy, is most appropriate for coordinating Council services in addressing the priorities for young people. A framework is also consistent with Council’s hierarchy of strategic documents.

RECOMMENDATION

(b) That the results of research and consultation with young people and other stakeholders, and a draft Youth Inclusion Framework be submitted to Council in before 31 March 2025 for consideration.

BACKGROUND

1. This report was initially considered by Council at its 20 November 2023 meeting and it was resolved to defer consideration to the 4 December 2023 meeting to allow for supplementary information to be prepared for the information of Council.

2. A Briefing Note was prepared by the Acting Executive Director People, Culture and Workplace, in consultation with the Group Manager Social and Community Services, and was published on the Councillor Portal on Friday 24 November 2023.

3. The Briefing Note provides a detailed description of the report to Council on 22 December 2022 which included an overview of future strategies pertaining to Traineeships, Graduate Program and Apprenticeships. The Briefing Note also provides an update on other initiatives that have commenced since the tabling of that report.

4. At its meeting on 24 April 2023, Council acknowledged City of Parramatta’s delivery of Youth Week and requested that the CEO bring back a report that investigates the drafting of a Youth Strategy as part of the Youth Engagement Framework for the City of Parramatta. The resolution asked for the report to consider:

a. Consultation with young people and relevant stakeholders in developing strategic priorities and action plans.

b. Focus areas for consideration including Mental health and wellbeing, employment, apprenticeships/traineeships, justice and safety, the arts, technology hub, community connections, as well as voice, empowerment, and engagement.

c. The financial and resourcing implications of developing a youth strategy, and potential timeframes for consultation, development, and delivery.

5. Council recognises that young people are a priority group in the community and provides a range of services and programs to young people across the City. Internal consultations and research found that Council delivers at least 80 programs and services in a typical year that deliberately consider youth inclusion in their planning and delivery, as detailed in Attachment 1. These range from one off events or projects to ongoing programs and cover areas such as:

a. Arts and technology

b. Recreation

c. Schools

d. Events

e. Employment, education, and vocation

f. Consultation and strategy

g. Community capacity building

h. Community grants

6. There is currently no agreed structure or methodology for engaging with young people or to support the delivery of Council activities in a way that allows Council to have a coordinated approach to our programs and services, identify gaps, plan and maximise our resources and opportunities; and is informed by the voices of young people.

7. This need is reflected in our existing commitment to develop a Youth Inclusion Framework and is also reflected in the draft Social Sustainability Strategy, which states:

Children and young people have the right to voice their opinions and be heard on issues that affect them. However, the views of children and young people are often not given proper consideration in decision-making. It is important to elevate the voices of children and young people and children so their perspectives can inform planning and decision-making for the future of our City. (Draft Social Sustainability Strategy, p.43)

8. Within the draft Social Sustainability Strategy, under Priority 2 A Safe, Inclusive and Welcoming City there are two actions that focus on the engagement of young people.

Action 2.3.1 is particularly important to this report, as it outlines developing the framework that is the subject of this report.

Priority 2. A safe, inclusive, and welcoming City
2.3 Our community is empowered to have their say and shape the future of our City
2.3.1	Develop a framework to inform the way Council engages with young people	Horizon 1 (Years 1-2)
2.4 Our City is designed to make young people feel welcome
2.4.1	Evaluate the provision of youth-friendly spaces in Parramatta CBD to identify gaps and inform future action	Horizon 2 (Years 3-4)

9. The draft Social Sustainability Strategy does not identify any gaps or needs in Council’s services for young people beyond those listed above. This was informed by research and community engagement.

ISSUES/OPTIONS/CONSEQUENCES

10. A Youth Inclusion Framework would enhance Council’s work with young people by providing a stronger reference point for Council Officers, including:

· an evidence base to support planning;

· tools to increase the effectiveness of their work;

· greater coordination of Council’s work with young people to maximise opportunities and impact.

11. Both Council and the community would benefit from a Youth Inclusion Framework as there is a clear need for a focused approach in order to achieve the community’s desired outcomes. Paramatta has over 36,000 young people aged 12-24 years (2021 census). This is forecast to grow to over 61,000 young people by 2036. There is a range of Council services and programs targeting or benefiting young people and they would benefit from a consistent evidence base and framework as well as some level of coordination to achieve a customer centred approach. A framework will provide the evidence base and framework to achieve this coordination and enhanced youth inclusion outcomes.

12. Further, there are over 20 youth services, 27 public high schools, 19 non-government high schools and 14 colleges (including TAFE) within the City of Parramatta. This represents a significant youth services sector for Council to work with to best understand and address the priorities for young people in Parramatta. A framework will articulate Council’s role and positioning in relation to these services and schools.

13. The proposed Framework will have a clear scope, purpose and inclusions. The scope will consider improving inclusion for young people aged 12-24 years who live, work, study or visit Parramatta LGA. It will have Council wide reach and be reviewed periodically.

14. To achieve its purpose, the Framework will include:

a. Reference to the evidence base, including priority areas concerning young people in Parramatta;

b. Reference to related strategic documents and policies;

c. A model for working with young people and youth inclusion. This will likely provide a spectrum of approaches based to some degree on the Community Engagement Continuum;

d. Materials and resources to support teams in implementing the model; and

e. An approach to coordination of youth targeted activities with roles identified for aspects of coordination.

15. The proposed name “Youth Inclusion Framework” reflects the scope and purpose outlined above and is consistent with comparable document names within the hierarchy of strategic documents across Council.

16. In preparing this report, Council Officers considered the title of Youth Strategy as contained within the original resolution of Council from 24 April 2023. In the developing hierarchy of Council documents, a Strategy is a high-level document which identifies multiple priorities for new work and change, outside of business as usual activities of Council, within a policy area or topic of critical importance, Council’s work with young people is embedded into business as usual of a number of Business Units, the Framework will be focusing on greater coordination, consistency and communication rather than wholesale change in the nature of the work. The Social Strategy articulates the importance of young people as part of the City of Parramatta community and gives strategic direction to the work Council does with young people.

17. For the purposes of the Framework, young people or youth will be defined as being 12-24 years old. A focus on inclusion enables the document to provide both an aspirational and a flexible model for future work that is focused on the benefits of inclusive practice. As a Framework, this document can influence strategy development and be a tool that helps business units and teams to design and deliver actions rather than being an action plan in itself.

18. The Framework will be developed with clear principles. These are:

a. Evidence based: In addition to the literature review, data analysis and internal consultation already conducted we will conduct a peer review of existing work before testing these findings through community and stakeholder consultations.

b. Supports and enhances current and future programs and services at Council: to achieve appropriate youth inclusion outcomes.

c. Relevance: across all council services that impact young people

d. Flexibility: in its application, guiding parameters and tools so that it can support a range of teams and contexts.

e. Aspirational: By providing a framework and other resources it will encourage higher levels of youth inclusion.

f. Integrated: By directly linking to the Community Strategic Plan and other relevant strategic documents, the document will sit with existing governance structures.

19. Internal consultation and desktop benchmarking research performed to date has been used to formulate three indicative focus areas for the Framework most relevant to young people in Parramatta and the role Council can play to address issues. The three indicative focus areas are: Youth Empowerment; Service and Program Delivery; and Advocacy

20. Youth Empowerment considers the direct and strategic participation of young people, through leadership, representation and participation opportunities relating to decisions and actions that affect them. Youth Empowerment could include:

· Youth consultation throughout planning and actions that affect young people. The young people consulted should be representative of those affected by an issue.

· The maintenance of a local evidence base.

· Partnership and collaboration with expert youth organisations.

· Using a range of community capacity building approaches, including place-based, issue-based and population group-based approaches.

· Supporting a holistic approach that considers physical, emotional, social, and spiritual wellbeing.

· Monitoring and evaluation processes, focusing on participant satisfaction and effectiveness of youth inclusion efforts.

21. Service and Program delivery identifies priority issues, needs, concerns and opportunities that should be available to young people. Indicative focus areas include:

· Mental health and wellbeing.

· Employment and education.

· Environment and climate action (including disaster resilience and recovery).

· Housing security and increased cost of living pressures.

· Equitable access to safe and inclusive services.

22. Advocacy considers the role of Council in advocating for the concerns and aspirations of young people as well as influencing better-practices in youth inclusion.

23. The development of the Framework will follow a process consistent with that used to develop the Disability Inclusion Action Plan and draft First Nations Strategy. Consultation with young people and other stakeholders will begin in late 2024 with a draft framework expected in the 2024/25 Financial Year. This timing allows us to first develop the planned Socio-Economic Inclusion Framework which will inform to a large degree the Youth Inclusion Framework.

CONSULTATION & TIMING

Stakeholder Consultation

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

Date	Stakeholder	Stakeholder Comment	Council Officer Response	Responsibility
May-June 2023	Internal stakeholders	All stakeholders supported having a Youth Inclusion Framework as it is described in this report and are willing to assist in its development as a reference group.	Feedback has been incorporated into this report and its recommendations	Community Capacity Building/ Social and Community Services

LEGAL IMPLICATIONS FOR COUNCIL

25. There are no legal implications for Council associated with this report.

FINANCIAL IMPLICATIONS FOR COUNCIL

26. If Council resolves to approve this report in accordance with the proposed resolution, there are no unbudgeted financial implications for Council’s budget. The development of Youth Engagement Framework was already considered in the preparation of the approved budget for Social and Community Services.

William Pass

Community Capacity Building Lead

Rodrigo Gutierrez

Community Capacity Building Manager

David Moutou

Acting Executive Director Community Services

John Angilley

Executive Director Finance & Information

Jon Greig

Executive Director Community Services

Gail Connolly

Chief Executive Officer

Attachments:

1 ⇩

Attachment 1 - list of Council Youth programs and activities

2 Pages

[1] The use of the term “registered certifier” also refers to “accredited certifier”, “certifier” or the like as referenced in the Environmental Planning and Assessment Act 1979 and Environmental Planning and Assessment Regulation 2021.

[2] Parramatta CBD Planning Proposal, as endorsed by Council for finalisation on 15 June 2021 (updated May 2022 to account for changes to the final version)

[3] City of Parramatta Community Infrastructure Strategy, 2020

[4] City of Parramatta Homelessness Policy, 2011

[5] Culture and Our City: a Cultural Plan for Parramatta's CBD 2017-22, 2017

[6] Planning Cultural Infrastructure for the City of Parramatta: A Research Report, Institute for Culture and Society, Western Sydney University, 2020

[7] Parramatta City River Strategy Design and Activation Plan, 2015

[8] Greener Places, Government Architect NSW, 2020

[10] Parramatta Square Reference Design & Performance Specification, 2015

[11] Parramatta City Centre Lanes Policy, 2011

[12] Draft Parramatta Integrated Transport Plan, 2021

[13] Parramatta CBD Strategic Transport Study, 2016

[16] Short = years 1-5 (2021-2025); Medium = years 6-10 (2026-2030); Long = years 11+ (2031-2056).

[17] Short = years 1-5 (2021-2025); Medium = years 6-10 (2026-2030); Long = years 11+ (2031-2056).

[18] Short = years 1-5 (2021-2025); Medium = years 6-10 (2026-2030); Long = years 11+ (2031-2056).

[19] Short = years 1-5 (2021-2025); Medium = years 6-10 (2026-2030); Long = years 11+ (2031-2056).

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.

Plan Version	Plan Name	Effective Date	Relationship to other Plans
0	Parramatta City Centre Local Infrastructure Contributions Plan 2022	14 October 2022	Replaces Parramatta CBD Development Contributions Plan 2007 (Amendment No. 5)
1	Parramatta City Centre Local Infrastructure Contributions Plan 2022 – Amendment No. 1	30 June 2023	Replaces Parramatta City Centre Local Infrastructure Contributions Plan 2022
2	Parramatta City Centre Local Infrastructure Contributions Plan 2022 – Amendment No. 2	X	X

	Baseline, 2011	Forecast, 2056	Change, 2011-2056	Change, 2011-2056
Dwellings	4,769	16,672	11,903	249%
Workers	49,513	92,769	43,256	87%

Contents

Executive summary

Where this plan applies

Development this plan applies to

Calculating the contribution

Requiring the contribution

Paying the contribution

Complying development

1. Background

2. How to use this plan

1 ⇩	Report to Council on 23 Octover 2023 - Presentation of the audited 2021-2022 Annual Financial Statements	5 Pages
2 ⇩	Auditor-General Independent Auditor's Report - Report on General Purpose Financial Statements - City of Parramatta Council	3 Pages
3 ⇩	Auditor-General Independent Auditor's Report - Report on Special Purpose Financial Statements - City of Parramatta Council	3 Pages
4 ⇩	Auditor-General Independent Auditor's Report - Special Schedule - Permissible Income for general rates - City of Parramatta Council	3 Pages
5 ⇩	Auditor-General Independent Auditor's Report - Report on the Conduct of the Audit 2022-2023	7 Pages

Version	Document Control
1	Draft Reported to Council December 2023 for public exhibition