Minutes of Council - 12 August 2019

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MINUTES OF THE MEETING OF CITY OF PARRAMATTA COUNCIL HELD IN THE CLOISTER FUNCTION ROOMS, ST PATRICK’S CATHEDRAL 1 MARIST PLACE, PARRAMATTA ON MONDAY, 12 AUGUST 2019 AT 6.30PM

PRESENT The Lord Mayor, Councillor Andrew Wilson and Councillors Benjamin Barrak (6:38pm), Phil Bradley, Donna Davis, Robert Dwyer, Pierre Esber, Michelle Garrard (Deputy Lord Mayor), Paul Han (6:37pm), Steven Issa (7:10pm), Andrew Jefferies (6:53pm), Sameer Pandey, Dr Patricia Prociv, Bill Tyrrell and Martin Zaiter. 1. OPENING MEETING The Lord Mayor, Councillor Andrew Wilson, opened the meeting at 6:30pm. 2. ACKNOWLEDGEMENT OF THE TRADITIONAL LAND OWNERS The Lord Mayor, Councillor Andrew Wilson, acknowledged the Burramattagal people of The Darug Nation as the traditional custodians of this land, and paid respect to their ancient culture and their elders past and present. 3. WEBCASTING COUNCIL MEETING The Lord Mayor, Councillor Andrew Wilson, 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. OTHER RECORDING OF MEETING ANOUNCEMENT As per Council’s Code of Meeting Practice, the recording of the Council Meeting by the public using any device, audio or video, is only permitted with Council permission. Recording a Council Meeting without permission may result in the individual being expelled from the Meeting. 5. CONFIRMATION OF MINUTES SUBJECT: Minutes of the Council Meeting held on 22 July 2019

2270 RESOLVED (Esber/Garrard)

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

6. APOLOGIES AND APPLICATIONS FOR LEAVE OF ABSENCE BY

COUNCILLORS Apologies were received and noted for the absence of Councillor Lorraine Wearne. Apologies were received and noted for the late arrival of Councillors Paul Han, Steven Issa and Andrew Jeffries.

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7. DECLARATIONS OF INTEREST Councillor Pandey declared a Non-Pecuniary but Significant Interest in Item 13.6 being Planning Proposal for 163-165 George Street, Parramatta (St Ioannis Greek Orthodox Church) as he is a member of the Sydney Central City Planning Panel where this matter has been discussed earlier. He advised that he would not be present during debate and voting on this matter. Councillor Zaiter declared a Non-Pecuniary but Significant Interest in Item 13.6 being the Planning Proposal for 163-165 George Street, Parramatta (St Ioannis Greek Orthodox Church) as he is a member of the Sydney Central City Planning Panel and has had a meeting and discussed it with staff. He advised that he would not be present during debate and voting on this matter. 8. MATTERS OF URGENCY SUSPENSION OF STANDING ORDERS

2271 RESOLVED (Wilson/Davis)

That Standing Orders be suspended to consider a matter of urgency in relation to the Epping RSL. The Lord Mayor ruled the matter to be urgent.

MATTER OF URGENCY

SUBJECT Epping RSL 74th Anniversary

REFERENCE F2004/08773 FROM Councillor Bill Tyrrell

2272 RESOLVED (Tyrrell/Davis) (a) That Council congratulate the Epping RSL Sub-branch on the

commemorative Victory in the Pacific (VP) Sunday Service held this past Sunday, 11 August 2019, in recognition of the 74th Anniversary of Victory in the Pacific.

(b) That Councillors note the Victory in the Pacific commemorative

service being hosted by Epping RSL Sub-branch this Thursday, 15 August 2019 at Boronia Park Cenotaph, and that event details be shared with all Councillors.

(c) Further, that Council staff liaise with the Epping RSL and

Parramatta RSL Sub-branches on opportunities to assist in the delivery of the 75th Anniversary services for Victory in the Pacific Day on 15 August 2020, with a report to come back to Council on the suggested activities and associated costs.

RESUMPTION OF STANDING ORDERS

2273 RESOLVED (Bradley/Esber)

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That Standing Orders be resumed.

SUSPENSION OF STANDING ORDERS

2274 RESOLVED (Garrard/Zaiter)

That Standing Orders be suspended to consider two matters of urgency in relation to the Acknowledgement of a Local Musician (D. Minor) and an Act of Disorder. The Lord Mayor ruled the matters to be urgent.

MATTER OF URGENCY

SUBJECT Acknowledgement of Local Musician, D. Minor

REFERENCE F2004/08773 FROM Councillor Michelle Garrard, Deputy Lord Mayor

2275 RESOLVED (Garrard/Zaiter) (a) That Council acknowledge the performance of D. Minor, a local

musician within the Parramatta Local Government Area, for his recent performance during the current competition of Australia’s Got Talent.

(b) Further, that Council write a letter of acknowledgement to local

musician D. Minor for his performance.

ACT OF DISORDER

2276 RESOLVED (Garrard/Wilson)

(a) That Councillor Barrak be called upon to:

i. apologise unreservedly to the Lord Mayor and Councillors for making derogatory comments and insulting the Lord Mayor who was chairing the Council Meeting on 20 February 2019;

ii. apologise unreservedly to Mr Darren Gardner, solicitor of

Bartier Perry, who was addressing Council about Supreme Court proceedings, for making inappropriate comments to him at the 20 February 2019 Council meeting, including that Mr Gardner and the legal team had mislead the Court; and

iii. return the confidential papers including written notes, taken

from the meeting on 20 February 2019, to the Acting CEO. (b) Further, that in the event that Councillor Barrak does not

apologise unreservedly and return the papers as noted in (a) above, he be expelled from this meeting.

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Councillor Barrak did not apologise and was expelled from the meeting at 6:45pm. NOTE: Councillor Barrak was noted as voting against the Motion, and Councillors Pandey, Han and Bradley abstained from voting and were therefore deemed as voting against the Motion.


2277 RESOLVED (Tyrrell/Zaiter)


7. LORD MAYORAL MINUTE 7.1 SUBJECT Parramatta Aquatic Centre

REFERENCE D06951237 FROM Councillor Andrew Wilson, Lord Mayor

PROCEDURAL MOTION

2278 RESOLVED (Wilson/Zaiter) That Item 7.1 be moved into Closed Session.

7.2 SUBJECT Dedication of the Young Citizen of the Year Award

REFERENCE D06951378 FROM Councillor Andrew Wilson., Lord Mayor

2279 RESOLVED (Wilson/Dwyer) (a) That the annual City of Parramatta Young Citizen of the Year

Award be named in honour of David Shakespeare OAM. Further, that Council note the Arthur Phillip Society can no longer fund the small monetary prize previously provided as part of this Award and Council officers investigate appropriate alternate funding for this prize.

7.3 SUBJECT Promotion of Harris Park Restaurant Precinct

REFERENCE D06951708 FROM Councillor Andrew Wilson, Lord Mayor

2280 RESOLVED (Wilson/Pandey) (a) That a report come back to Council on the preparation of a

Business Activation Plan for the Harris Park restaurant precinct, with the aim of improving awareness of its retail offerings and

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helping drive visitation. (b) Further, that this report consider a range of options to promote the

precinct, including the development of collateral, signage and communication strategies.

8. PUBLIC FORUM 8.1 SUBJECT Item 13.4 Planning Proposal for the land at 21-21A

Tucks Road , Toongabbie REFERENCE D06951276 FROM Allan Caladine

2281 Lord Mayor and members of Council my name is Allan Caladine I am a town planning consultant and speak in support of the Council Officers recommendation to approve the Planning Proposal before you tonight. Council Officers on-going support to approve the Planning Proposal is set out on pages 751 and 753 of tonight’s business paper. Council Officers have continually given direction and maintained support for this application since it was first lodged in 2015. Lord Mayor, as you are aware, the site has a total site area of approximately 7500m2, has 3 street frontages and contains an aged multi-level gym, at grade car parking and dilapidated tennis courts. All of these current facilities are proposed to be demolished to provide quality indoor and outdoor recreation facilities in association with new multi-level residential apartments. These recreation facilities will provide quality public amenities that are not available in this neighbourhood. These facilities include:

Squash courts;

Tennis courts;

Swimming centre;

Aerobics facilities;

gym rooms;

Café At present, the existing gym is the only family gym in the neighbourhood that allows children to use these facilities as opposed to other gyms in the area which only cater for adults. My client’s gym offers: (a) A dance school for approximately 200 children each week; (b) Mixed martial arts classes (c) Senior Fitness Classes and physiotherapy (d) Children’s Obesity Programs (e) Regular use of the gyms facilities by local schools. In order to properly regulate the sites development opportunities, site

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specific planning controls have been drafted by Council Officers. My client and Council have entered into a VPA, which requires my client to construct an around-about at the intersection of Fitzwilliam Road and Tucks Road and other public benefits including a clearly defined pedestrian through site link between Rausch Street and Tucks Road. 2 As Council is aware the site is located within a short walk of many public amenities and services such as schools, bus routes, train services, shops, medical centre, and public open space, which are fundamental planning principles to promote an increase in residential density. As you will note from the report before you tonight, my client currently has an amended application with the NSW Department of Planning seeking to obtain a site compatibility certificate for 68 residential units in two (2), part 2, part 3 and part 4 storey residential flat buildings. This application is consistent with State Policies for affordable rental housing and a signed construction agreement has been entered into between my client and a social housing provider. We are reasonably confident that this amended application meets the controls in the State Policy and will receive support from the Department of Planning. We understand that Councillors and local residents were recently shown block modelling on the type of residential development permissible for the site under the current planning controls and the type of development proposed under the current Planning Proposal. As you would have seen, the bulk and scale of the majority of the proposed buildings is located in the core of the site and provision is made for a 22m southern rear boundary setback, which incorporates the tennis courts for the proposed development. The alternate duplex development presented in the modelled scheme is permissible under the current planning controls but would only need to be setback 1.5 metres off the southern boundary. We believe the generous 22m building setback is a better planning outcome for adjoining residents as there would be no opportunities for the loss of amenity. Overall, the planning proposal will allow a large underutilised development site to be redeveloped for the purpose of a quality indoor and outdoor recreation facility and residential accommodation that are close to good public amenities and services. We would therefore urge you to approve the application and refer the Planning Proposal onto the Department of Planning for the making of the LEP. STAFF RESPONSE No staff response.

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8.2 SUBJECT Item 13.4 Planning Proposal for the land at 21-21A Tucks Road , Toongabbie

REFERENCE D06951342 FROM Paul Battersby on behalf of the Stop Tucks Road

Committee

2282 Good evening and thank you for the opportunity to speak to you tonight on the planning proposal for 21 & 21A Tucks Rd, Toongabbie. The local community believe rezoning the site B4 Mixed Use is inappropriate in that: • the majority of B4 land uses, such as entertainment facilities,

function centres, hotels, motels, clubs, restricted premises and residential flat development are completely out of character and incompatible with established and expected development in the neighbourhood.

• the officers’ report acknowledges "Council’s role is to determine the

appropriate zone and the owner of the land can make a decision as to which of the permitted uses they wish to pursue on the site."

It is inappropriate then, that the Planning Proposal and Staff reports do not consider or assess the implications of these uses. The closest B4 zones are concentrated around Westmead Hospital & the North Parramatta employment area - high activity areas in close proximity to major transport facilities. This site is isolated in a sea of low- density housing, 1.1 klm walking distance from Toongabbie Railway Station and the North-Western T-Way. It is not a high activity area that would maximise public transport patronage or encourage walking and cycling, a principal objective of the B4 Mixed Use Zone.

Please note Council’s Flood Mapping and the pictures of site flooding in

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April 2015. The site is partially inundated in all flood events above the 1 in 20 year occurrence. The proposed development will displace those flood waters onto, and exacerbate flooding of, adjoining properties. The SES and the Local Planning Panel support these concerns.

Clearly the 4 storey planning proposal is: • significantly larger and bulkier that that permitted under the current

zoning; and • totally out of character with existing and likely housing in the area.

The Local Planning Panel and the Department of Planning support the community’s view that this proposal and the original SCC application are inappropriate for the locality. Council staff have also objected to the recent SCC application noting that it “is strongly consistent with the previous SCC application which was refused by the DPIE”. Council and the community should not feel threatened by the latest SCC application or the ability of the applicant to request a review of Council’s decision. Any review, like those conducted by the Local Planning Panel and the Department, will be determined on the merits of the proposal. We are confident any review will sustain a rejection of the planning proposal. Rezoning the site B4 Mixed Use is unwarranted in that: • Council’s current housing strategies and initiatives will deliver

some 40,000 new dwellings, far exceeding the 21,650 dwellings sought by the State Government.

• There are significant areas adjacent to the railway line and along

Reynolds Street that are zoned for medium density development and are substantially undeveloped. Each of them is closer to bus and/or rail opportunities than this site.

• The existing R2 & B1 zones are consistent with housing in the area

and: • allow compatible redevelopment & renewal of the site, • allow for the proponent's desired expansion of the gymnasium;

and • allow for increased residential density in a manner compatible with the built form and the unique flooding

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and traffic characteristics of the surrounding neighbourhood. When Council decided to dispose of the tennis court site, it did so with the commitment to zone the site R2 Low Density Residential, in keeping with the surrounding neighbourhood. The proposed B4 zone conflicts with that commitment, is inappropriate, unsubstantiated, unwarranted & opportunistic, it seeks to maximise the land owners’ benefit to the local community’s detriment. Councillors, please reaffirm your commitment to the community and reject this proposal as recommended by tonight’s report. STAFF RESPONSE No staff response.

9. PETITIONS 9.1 SUBJECT Petition to bring to Council’s attention the urgent need of

classroom upgrades and increase in toilet blocks at Parramatta East Public School

REFERENCE F2008/05062 FROM Councillor Pierre Esber

The Petition Reads: The residents of Parramatta Local Area, brings to the attention of the Council the urgent need for an upgrade to the school in the form of permanent classrooms and an increase in permanent toilet blocks. The petitioners ask the Council to make representation on their behalf, to the State Government, in particular, the Premier, Hon. Gladys Berejiklian MP and Hon. Sarah Mitchell MLC, Minister for Education and Early Childhood, impressing upon them the urgent need for an upgrade to Parramatta East Public School, consisting of permanent classrooms and toilet blocks.

2283 RESOLVED (Esber/Prociv) That the petition be received and accepted.

9.2 SUBJECT Petition to stop the rezoning of 21 and 21A Tucks Road

Toongabbie REFERENCE RZ/11/2015 FROM Councillor Phil Bradley

The Petition reads: Meeting Attendees from Saturday, 17 June 2017 petitioning to stop the rezoning of 21 and 21A Tucks Road Toongabbie.

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2284 RESOLVED (Bradley/Zaiter)

That the petition be received and accepted.

9.3 SUBJECT Petition to stop the rezoning of 21 and 21A Tucks Road

Toongabbie REFERENCE RZ/11/2015 FROM Councillor Phil Bradley

2285 RESOLVED (Bradley/Zaiter) That the petition be received and accepted.

10. FAIR 10.1 SUBJECT Minutes of Audit Risk & Improvement Committee

Meeting held on 30 May 2019 REFERENCE F2018/02063 - D06890493 REPORT OF Co-ordinator Audit & Risk

2286 RESOLVED (Esber/Garrard) That Council receive and note the minutes of the ARIC meeting held on 30 May 2019, provided at Attachment 1.

PROCEDURAL MOTION

2287 RESOLVED (Dwyer/Davis)

That Council discuss Item 13.4 of the Business Paper before Item 10.2.

13.4 SUBJECT Planning Proposal for the land at 21-21A Tucks Road,

Toongabbie REFERENCE RZ/11/2015 - D06897967 REPORT OF Project Officer Land Use

MOTION (Garrard/Dwyer) (a) That the report be deferred until the next Council Meeting. (b) That the height of the building be shown using a balloon or other

appropriate device.

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(c) Further, that interested Councillors have an onsite inspection with Senior staff.

FORESHADOWED MOTION (Zaiter/Pandey) (a) That Council note the recommendation of the Local Planning

Panel (on 18 September 2018) in relation to this matter as detailed below noting that the recommendation is inconsistent with the recommendation provided by Council Officers to the Panel.

(b) That Council note the outcome of the public exhibition period in

relation to the Planning Proposal for the land at 21-21A Tucks Road, Toongabbie.

(c) That Council resolve not to proceed with the Planning Proposal

for the land at 21-21A Tucks Road, Toongabbie which seeks to amend the Parramatta Local Environmental Plan 2011 (PLEP 2011) by:

1. Rezoning the land from part B1 Neighbourhood Centre and

part R2 Low Density Residential to B4 Mixed Use across the site

2. Amending the maximum height of building controls from part 12m and part 9m to part 15m and part 9m

3. Amending the maximum floor space ratio controls from part 1.5:1 and part 0.5:1 to 1.25:1 across the site

(d) That Council note the following Local Planning Panel reasons for

recommending refusal of the above Planning Proposal:

1. The proposal would result in a large increase in the maximum height of buildings

2. The proposal would result in multi-storey residential flat buildings situated away from public transport

3. There is concern about the possibility of the land being subject to flooding

4. It is considered inappropriate to have higher density residential development in a location such as this

(e) Further, that the Department of Planning, Industry and

Environment (DPIE) and the applicant be advised that Council will not be proceeding with this Planning Proposal.

The Motion moved by Deputy Lord Mayor Garrard and seconded by

Councillor Dwyer was put and LOST. DIVISION The result being:- AYES: Clrs B Dwyer, P Esber, M Garrard and S Issa NOES: Clrs P Bradley, D Davis, P Han, A Jefferies, S Pandey, P

Prociv, W Tyrrell, A Wilson and M Zaiter The Foreshadowed Motion moved by Councillor Zaiter and seconded

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by Councillor Pandey then became the Motion and was put and CARRIED. DIVISION The result being:- AYES: Clrs P Bradley, D Davis, P Esber, P Han, A Jefferies, S

Pandey, P Prociv, W Tyrrell, A Wilson and M Zaiter NOES: Clrs B Dwyer, M Garrard and S Issa

2288 RESOLVED (Zaiter/Pandey) (a) That Council note the recommendation of the Local Planning

Panel (on 18 September 2018) in relation to this matter as detailed below noting that the recommendation is inconsistent with the recommendation provided by Council Officers to the Panel.

(b) That Council note the outcome of the public exhibition period in

relation to the Planning Proposal for the land at 21-21A Tucks Road, Toongabbie.

(c) That Council resolve not to proceed with the Planning Proposal

for the land at 21-21A Tucks Road, Toongabbie which seeks to amend the Parramatta Local Environmental Plan 2011 (PLEP 2011) by:

1. Rezoning the land from part B1 Neighbourhood Centre and

part R2 Low Density Residential to B4 Mixed Use across the site

2. Amending the maximum height of building controls from part 12m and part 9m to part 15m and part 9m

3. Amending the maximum floor space ratio controls from part 1.5:1 and part 0.5:1 to 1.25:1 across the site

(d) That Council note the following Local Planning Panel reasons for

recommending refusal of the above Planning Proposal:

1. The proposal would result in a large increase in the maximum height of buildings

2. The proposal would result in multi-storey residential flat buildings situated away from public transport

3. There is concern about the possibility of the land being subject to flooding

4. It is considered inappropriate to have higher density residential development in a location such as this

(e) Further, that the Department of Planning, Industry and

Environment (DPIE) and the applicant be advised that Council will not be proceeding with this Planning Proposal.

PROCEDURAL MOTION

2289 RESOLVED (Wilson/Esber)

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That the meeting be adjourned for a 15 minute break.

The meeting was adjourned at 8.00pm for a period of 15 minutes.

PROCEDURAL MOTION

2290 RESOLVED (Wilson/Esber)

That the meeting resume.

Note: The meeting resumed in the Council Chambers at 8:18pm and the following Councillors were present: The Lord Mayor, Councillor Andrew Wilson and Councillors Phil Bradley, Donna Davis, Robert Dwyer, Pierre Esber, Michelle Garrard (Deputy Lord Mayor), Paul Han, Steven Issa, Andrew Jefferies, Sameer Pandey, Dr Patricia Prociv and Bill Tyrrell.

10.2 SUBJECT Proposed Change to Council Meeting Schedule for

October 2019 REFERENCE F2004/07851 - D06926900 REPORT OF Executive Officer

2291 RESOLVED (Tyrrell/Bradley) (a) That the date of the Council Meeting currently scheduled for

Monday, 14 October 2019 at the Cloister Function Rooms, St Patrick’s Cathedral, 1 Marist Place Parramatta be amended to meet on Tuesday, 8 October 2019 at the Cloister Function Rooms, St Patrick’s Cathedral, 1 Marist Place Parramatta due to date clash with the 2019 Local Government NSW Annual Conference.

(b) That the alteration to the date of the Council Meeting outlined in (a)

above be widely publicised via normal communication channels used by Council in accordance with Clause 232 of the Local Government (General) Regulation 2005.

(c) Further, that Councillors note a report regarding the proposed

motions and voting delegates for the 2019 Local Government NSW Annual Conference is forthcoming, and that any interested Councillors contact the Executive Support Unit regarding attendance or motions.

11. ACCESSIBLE 11.1 SUBJECT Minutes of the Parramatta Traffic Committee Meeting

held on 25 July 2019 REFERENCE F2019/00020 - D06920329 REPORT OF Traffic and Transport Manager

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2292 RESOLVED (Dwyer/Prociv)

(a) That Council receive and note the minutes of the Parramatta

Traffic Committee meeting held on 25 July 2019, provided at Attachment 1.

(b) Further, that Council adopt the recommendations of the

Parramatta Traffic Committee meeting held on 25 July 2019 provided at Attachment 1 and copied below, subject to all identified funding being available, except for Item 1907 A3 to be deferred to the next Traffic Committee.

Notes:

Councillor Zaiter entered the Chamber at 8.19pm during consideration of this matter.

Councillor Zaiter left the Chamber at 8:21pm and returned at 8:23pm during consideration of this matter.

11.2 SUBJECT Minutes of the Traffic Engineering Advisory Group

Meeting held on 25 July 2019 REFERENCE F2019/00023 - D06920406 REPORT OF Traffic and Transport Manager

2293 RESOLVED (Issa/Zaiter) (a) That Council receive and note the minutes of the Traffic

Engineering Advisory Group meeting held on 25 July 2019, provided at Attachment 1.

(b) That Council adopt the recommendations of the Traffic

Engineering Advisory Group meeting held on 25 July 2019 provided at Attachment 1 and copied below, subject to all identified funding being available, except for Items 1907 B1 and B2 to be deferred for a further report to the 9 September 2019 Council Meeting.

11.3 SUBJECT Variations to Standards under Clause 4.6 of Parramatta

LEP 2011, Auburn LEP 2010, Holroyd LEP 2013, The Hills LEP 2012, Hornsby LEP 2013 and SEPP 1

REFERENCE F2009/00431 - D06911871 REPORT OF Group Manager - Development and Traffic Services

2294 RESOLVED (Esber/Tyrrell) That the report be received and noted. DIVISION The result being:-

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AYES: Clrs P Bradley, D Davis, B Dwyer, P Esber, M Garrard, P Han, S Issa, A Jefferies, S Pandey, P Prociv, W Tyrrell, A Wilson and M Zaiter

NOES: Nil

11.4 SUBJECT New Epping Community Centre at 49 Rawson Street,

Epping REFERENCE F2018/03347 - D06913175 REPORT OF Property Plan & Program Manager; Place Manager

MOTION (Davis/Tyrrell) (a) That Council approve the proposed uses and scope of works for

the new multi-purpose Epping Community Centre located at 49 Rawson Street, Epping.

i. Lower Level: Offices, and a large multipurpose room allowing a range of physical, creative and social activities. Other elements remain unchanged.

ii. Exterior: Continue investigation as to the need for a new compliant accessible access ramp to café deck and rear of upper level. Other elements remain unchanged.

(b) That Council allocate funds from the NSW Government Stronger

Communities Grant to undertake the establishment of the new multi-purpose community centre.

(c) That Council provides owner’s consent for any development

application and statutory planning approval documents. (d) Further, that Council delegate authority to the Acting Chief

Executive Officer to execute any documents associated with this project.

AMENDMENT (Issa/ Zaiter) (a) That Council approve the proposed uses and scope of works for

the new multi-purpose Epping Community Centre located at 49 Rawson Street, Epping. i. Lower Level: Offices, and a large multipurpose room allowing

a range of physical, creative and social activities. Other elements remain unchanged.





application and statutory planning approval documents.

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(d) That Council delegate authority to the Acting Chief Executive

Officer to execute any documents associated with this project. (e) Further, that a report come back to Council exploring options of

the use of the building for artist studios.

PROCEDURAL MOTION

2295 RESOLVED (Wilson/Garrard) That the meeting be adjourned for a period of 10 minutes.

Note: The meeting was adjourned at 9.23pm. 2296 RESOLVED (Wilson/Garrard)

That the meeting resume.

Note: The meeting resumed in the Council Chambers at 9:35pm and the following Councillors were present: The Lord Mayor, Councillor Andrew Wilson and Councillors Phil Bradley, Donna Davis, Robert Dwyer, Pierre Esber, Michelle Garrard (Deputy Lord Mayor), Paul Han, Steven Issa, Andrew Jefferies, Sameer Pandey, Patricia Prociv, Bill Tyrrell and Martin Zaiter.

The Amendment moved by Councillor Issa and seconded by Councillor Zaiter was put and LOST. The Motion moved by Councillor Davis and seconded by Councillor Tyrrell was put and CARRIED.

2297 RESOLVED (Davis/Tyrrell) (a) That Council approve the proposed uses and scope of works for

the new multi-purpose Epping Community Centre located at 49 Rawson Street, Epping.

i. Lower Level: Offices, and a large multipurpose room allowing a range of physical, creative and social activities. Other elements remain unchanged.





application and statutory planning approval documents. (d) Further, that Council delegate authority to the Acting Chief

Executive Officer to execute any documents associated with this

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project.

Note: Councillor Jefferies retired from the meeting at 9:41pm. 12. WELCOMING 12.1 SUBJECT Riverside Advisory Board Meeting held 13 June 2019

REFERENCE F2007/00388 - D06912877 REPORT OF Director Riverside Theatres

2298 RESOLVED (Tyrrell/Garrard) That Council receives and notes the minutes of the Riverside Theatres Advisory Board held on 13 June 2019. (Attachment 1).

13. INNOVATIVE 13.1 SUBJECT Transfer of land to Council from Endeavour Energy - Lot

1476 DP 36692 known as 9 Rumsey Crescent, Dundas Valley

REFERENCE F2019/02276 - D06928828 REPORT OF Property Services - Land Specialist

2299 RESOLVED (Tyrrell/Esber) (a) That Council agrees to the transfer of Lot 1476 DP 36692 into

Council’s ownership for nil consideration. (b) That Council classify the land as Community Land upon Transfer

of the Land. (c) Further that Council delegate authority to the Acting Chief

Executive Officer to execute the Transfer, Purchaser/Transferee Declaration and any other associated documents as set out within this report.

DIVISION The result being:- AYES: Clrs P Bradley, D Davis, B Dwyer, P Esber, M Garrard, P

Han, S Issa, S Pandey, P Prociv, W Tyrrell, A Wilson and M Zaiter

NOES: Nil.

SUSPENSION OF STANDING ORDERS

2300 RESOLVED (Issa/Garrard)

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That Standing Orders be suspended to discuss a Matter of Urgency in relation to the Citizen’s Jury for 5 Parramatta Square. The Lord Mayor ruled the matter to be urgent.

MATTER OF URGENCY

SUBJECT Citizen’s Jury for 5 Parramatta Square

REFERENCE F2017/01383 FROM Councillor Steven Issa

2301 RESOLVED (Issa/Garrard) (a) That Council thank the members of the Citizen’s Jury for their

valuable contribution towards the design process, for the lodgement of the former Development Application (DA) for 5 Parramatta Square.

(b) That Council note the decision of the Administrator of 10 April 2017

in relation to the Citizen’s Jury report, and take no further action in relation to that resolution.

(c) That Council proceed to progress the design development in line

with Council’s vision to provide an iconic and significant landmark building at 5 Parramatta Square, and provide further opportunities for community consultation on the interior and exterior design, through the public exhibition phase of the Development Application, which is anticipated to be lodged in August 2019.

(d) Further, that all members of the Citizen’s Jury be advised of

Council’s decision. Note: A Rescission Motion was lodged after the Council Meeting in relation to this Item signed by Councillors Prociv, Davis and Esber.


2302 RESOLVED (Esber/Issa)


13.2 SUBJECT 5 Parramatta Square - Design and Lodgement of

Development Application REFERENCE F2019/00458 - D06857944 REPORT OF Project Manager

MOTION (Dwyer/Esber)

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That the matter be deferred until after the appointment of the new CEO. FORESHADOWED MOTION (Issa/Zaiter) (a) That Council endorse the design for the 5 Parramatta Square

building provided at Attachment 2. (b) Further, that Council delegate authority to the Acting Chief

Executive Officer to lodge a Development Application and all related applications for the 5 Parramatta Square building, consistent with the design provided at Attachment 2.

The Motion moved by Councillor Dwyer and seconded by Councillor

Esber was put and LOST. DIVISION The result being:- AYES: Clr B Dwyer NOES: Clrs P Bradley, D Davis, P Esber, M Garrard, P Han, S

Issa, S Pandey, P Prociv, W Tyrrell, A Wilson and M Zaiter The Foreshadowed Motion moved by Councillor Issa and seconded by Councillor Zaiter became the Motion and was put and CARRIED. DIVISION The result being:- AYES: Clrs P Bradley, D Davis, P Esber, M Garrard, P Han, S

Issa, S Pandey, P Prociv, W Tyrrell, A Wilson and M Zaiter NOES: Clr B Dwyer

2303 RESOLVED (Issa/Zaiter) (a) That Council endorse the design for the 5 Parramatta Square

building provided at Attachment 2. (b) Further, that Council delegate authority to the Acting Chief

Executive Officer to lodge a Development Application and all related applications for the 5 Parramatta Square building, consistent with the design provided at Attachment 2.

13.3 SUBJECT Revised Melrose Park North Planning Proposal

REFERENCE RZ/1/2016 - D06889077 REPORT OF Senior Project Officer

MOTION (Prociv/Esber) (a) That Council resolve to proceed with the revised Planning

Proposal (Attachment 2) for land at 8, 38-42, 44 and 44A Wharf

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Road, Melrose Park and 15-19 Hughes Avenue and 655 Victoria Road, Ermington for the purposes of forwarding it to the Department of Planning, Industry and Environment for approval to proceed to public exhibition seeking the following amendments to the Parramatta Local Environmental Plan (PLEP) 2011:

1) Amend the Land Use Zone map to rezone the site from part

IN1 General Industrial and part SP1 Special Activities (Place of Public Worship) to part R4 High Density Residential, part B2 Local Centre, part RE1 Public Recreation and part SP2 Infrastructure (Educational Establishment)

2) Amend the Height of Buildings map to increase the building

heights from part 9m and part 12m to multiple heights ranging from 28m (6 storeys) to 90m (26 storeys)

3) Amend the Floor Space Ratio (FSR) map to increase the FSR

from 1:1 to 1.85:1 subject to recommendation (h) being achieved

4) Amend the Land Reservation Acquisition map to reflect areas

of open space to be dedicated to Council and land for the new school site to the State Government

5) Amend the Additional Local Provisions map to include the site

and insert a site specific provision in Part 6 Additional local provisions – generally of PLEP 2011 to ensure:

5.1) That design excellence provisions be inserted into PLEP

2011 for the site applicable to buildings of 55m and above in height without the provision on bonuses.

5.2) The total residential gross floor area within the planning

proposal site not exceed 507,245m2 5.3) A minimum of 30,000m2 of non-residential floor space is

to be provided within the site to serve the retail and commercial needs of the incoming population

(b) That Council update the Planning Proposal at Attachment 2 to

reflect the changes detailed at Attachment 1, including the land use map and street locations and widths.

(c) That Council continue to proceed with the drafting of a site specific

DCP and it be reported back to Council prior to the commencement of any public exhibition period.

(d) That Council continue Voluntary Planning Agreement (VPA)

negotiations based on the floor space ratio of 1.85:1 and the draft VPA be reported back Council prior to the commencement of any public exhibition period.

(e) That Council forward the revised Planning Proposal to the

Department of Planning, Industry and Environment for approval to be placed on public exhibition.

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(f) That the draft Planning Proposal, draft Site Specific DCP and draft

VPA be placed on public exhibition concurrently for a minimum period of 28 days and in accordance with the public consultation strategy detailed in this report.

(g) That Council endorse the Transport Management and Accessibility

Plan (TMAP) for the purposes of public exhibition. (h) That Council endorse the following implementation plans provided

at Attachment 1 which stages the delivery of dwellings subject to traffic and transport infrastructure being in place to serve the incoming population as identified in the TMAP.

(a) Implementation Plan A – Provides up to 11,000 dwellings

over the north and south precincts subject to identified road and traffic works, the bridge to Wentworth Point with light rail or equivalent bus service and Sydney West Metro being delivered. Implementation Plan A will facilitate an FSR 1.85:1 for the northern part of the precinct with and an appropriate development potential in the southern precinct.

(b) Implementation Plan B – Should there be no State

Government commitment towards Sydney West Metro, the bridge to Wentworth Point and associated light rail or bus service then only 6,700 dwellings can be accommodated within the precinct. Accordingly, a 40% reduction in yield will be applied to the development in Melrose Park to ensure both north and south precincts are treated equitably.

(i) That satisfactory arrangements provisions be inserted into PLEP

2011 to ensure that the number of dwellings constructed aligns with the delivery of the required infrastructure as identified in the TMAP as per the implementation plans detailed in recommendation (h).

(j) That the planning proposal be updated to reflect the dwelling mix

specified in the Parramatta DCP for residential flat building. (k) Further, that Council authorise the Acting CEO to correct any

minor policy inconsistencies and any anomalies of an administrative nature relating to the Planning Proposal that may arise during the amendment process.

AMENDMENT (Issa/Dwyer) (a) That Council resolve to proceed with the revised Planning

Proposal (Attachment 2) for land at 8, 38-42, 44 and 44A Wharf Road, Melrose Park and 15-19 Hughes Avenue and 655 Victoria Road, Ermington for the purposes of forwarding it to the Department of Planning, Industry and Environment for approval to proceed to public exhibition seeking the following amendments to the Parramatta Local Environmental Plan (PLEP) 2011:


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proposal site not exceed 507,245m2 5.3) A minimum of 30,000m2 of non-residential floor space is








(e) That Council forward the revised Planning Proposal to the Department of Planning, Industry and Environment for approval to be placed on public exhibition.




Plan (TMAP) for the purposes of public exhibition.

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(h) That Council endorse the following implementation plans provided








(j) That Council authorise the Acting CEO to correct any minor policy

inconsistencies and any anomalies of an administrative nature relating to the Planning Proposal that may arise during the amendment process.

(k) Further, that a report be brought to Council on the potential to exclude wintergardens (enclosed balconies) from gross floor area calculations when assessing development applications that includes: (i) Recommended conditions that must be satisfied for

wintergardens to be excluded from gross floor area calculation.

(ii) Proposed controls that could be included in a Local Environmental Plan and/or a Development Control Plan to achieve this outcome.

The Amendment moved by Councillor Issa and seconded by Councillor

Dwyer was put and LOST. DIVISION The result being:- AYES: Clrs B Dwyer, M Garrard, S Issa, W Tyrrell and M Zaiter NOES: Clrs P Bradley, D Davis, P Esber, S Pandey, P Prociv and

A Wilson The Motion moved by Councillor Prociv and seconded by Councillor

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Esber was put and CARRIED. DIVISION The result being:- AYES: Clrs D Davis, B Dwyer, P Esber, M Garrard, S Issa, S

Pandey, P Prociv, A Wilson and M Zaiter NOES: Clrs P Bradley and W Tyrrell

2304 RESOLVED (Prociv/Esber) (a) That Council resolve to proceed with the revised Planning

Proposal (Attachment 2) for land at 8, 38-42, 44 and 44A Wharf Road, Melrose Park and 15-19 Hughes Avenue and 655 Victoria Road, Ermington for the purposes of forwarding it to the Department of Planning, Industry and Environment for approval to proceed to public exhibition seeking the following amendments to the Parramatta Local Environmental Plan (PLEP) 2011:














proposal site not exceed 507,245m2

5.3) A minimum of 30,000m2 of non-residential floor space is




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(e) That Council forward the revised Planning Proposal to the

Department of Planning, Industry and Environment for approval to be placed on public exhibition.




Plan (TMAP) for the purposes of public exhibition. (h) That Council endorse the following implementation plans provided








(j) That the planning proposal be updated to reflect the dwelling mix specified in the Parramatta DCP for residential flat building.

(k) Further, that Council authorise the Acting CEO to correct any minor policy inconsistencies and any anomalies of an administrative nature relating to the Planning Proposal that may

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arise during the amendment process.

Note: Councillor Han retired from the meeting at 10:10pm during consideration of Item 13.3. 13.5 SUBJECT Gateway Request – Planning Proposal – 18–40

Anderson Street, Parramatta REFERENCE RZ/4/2018 - D06920212 REPORT OF Project Officer- Land Use Planning

2305 RESOLVED (Tyrrell/Dwyer) (a) That Council note the recommendations of the Local Planning

Panel dated 16 July 2019 in relation to this matter as detailed below, noting that the Panel’s recommendation is consistent with the Council officer’s recommendation to support the amendments.

(b) That Council endorse the proposed amendments to the Planning

Proposal at 18 – 40 Anderson Street, Parramatta (included as Attachment 2) for the purposes of a Gateway Determination, in relation to the subject site:

Rezone the site from B5 Business Development to B4 Mixed Use;

Insert a site-specific provision requiring a minimum 3:1 non-residential FSR; and

Remove the proposed site-specific additional permitted use provisions allowing for residential accommodation and serviced apartments.

(c) Further, that the amended Planning Proposal be forwarded to the

Department of Planning and Environment with a request for a Gateway Determination to be issued.

DIVISION The result being:- AYES: Clrs D Davis, B Dwyer, P Esber, M Garrard, S Issa, S

Pandey, P Prociv, W Tyrrell, A Wilson and M Zaiter NOES: Nil ABSTAINED Clr P Bradley

Note: Councillors Zaiter and Pandey left the Chamber prior to consideration of Item 13.6. 13.6 SUBJECT DEFERRED ITEM Planning Proposal for 163-165

George Street, Parramatta (St Ioannis Greek Orthodox Church)

REFERENCE RZ/3/2018 - D06851078

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REPORT OF Project Officer

2306 RESOLVED (Esber/Tyrrell) (a) That Council note the recommendation of the Local Planning Panel

on 18 June 2019 in relation to this matter as detailed below, noting that the Panel’s recommendation is consistent with the Council Officer recommendation.

(b) That Council endorse the Planning Proposal at Attachment 1 for

land at 163-165 George and 1 Purchase Streets, Parramatta, which seeks to: i. Amend the control on the Height of Buildings map from RL 14

metres to RL 21 metres, but only on the part of the site at which the proposed Cathedral is to be built;

ii. Insert a clause so that the Height of Buildings control on the site can be exceeded for the purposes of a steeple or similar, but only if the consent authority is satisfied that the heritage impact is acceptable and the height is no greater than RL 40m (allow a steeple up to RL 34m and cross upon it up to RL 40m); and

iii. Add car parking as an additional permitted use on the site. (c) That the Planning Proposal be forwarded to the Department of

Planning and Environment to request a Gateway determination be issued.

(d) That Council advise the Department of Planning and Environment

that the Chief Executive Officer will be exercising the plan-making delegations for this Planning Proposal as authorised by Council.

(e) Further, that Council authorise the Chief Executive Officer to

correct any minor anomalies of a non-policy and administrative nature that may arise during the plan-making process.

DIVISION The result being:- AYES: Clrs P Bradley, D Davis, B Dwyer, P Esber, M Garrard, S

Issa, P Prociv, W Tyrrell and A Wilson NOES: Nil

14. NOTICES OF MOTION 14.1 SUBJECT Outdoor Dining Policy Amendment

REFERENCE F2017/01168 - D06918913 REPORT OF Councillor Michelle Garrard

2307 RESOLVED (Garrard/Esber) That consideration of this matter be deferred for the 9 September 2019 Council Meeting.

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Notes:

Councillors Zaiter and Pandey returned to the Chamber at 10:45pm during consideration of Item 14.1.

Councillor Tyrrell left the Chamber during consideration of this matter at 10:47pm and returned at 10:49pm.

The Lord Mayor, Councillor Wilson vacated the Chair at 10:47pm and the Deputy Lord Mayor, Councillor Garrard took the Chair during consideration of Item 14.1. The Lord Mayor, Councillor Wilson resumed the Chair at 10:56pm, at the conclusion of Item 14.1.

14.2 SUBJECT Improving Community Participation and Transparency

by Providing Planning Proposal Information Earlier on Council’s Website

REFERENCE F2015/02893 - D06919167 REPORT OF Councillor Bradley

MOTION (Bradley/Prociv) That, as advised by the Council Planning Proposal and Voluntary Planning Agreement Review Report, Council include Planning Proposal Information on Council’s website upon lodgement of the application. This should be done initially as a six-month pilot with clear metrics established to determine effectiveness.

Note: Councillor Issa left the Chamber at 11:00pm. PROCEDURAL MOTION

2308 RESOLVED (Esber/Bradley)

That Item 14.2 be moved into Closed Session as per section 10A(2)(d), as consideration of this matter may disclose 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.

EXTENSION OF TIME

2309 RESOLVED (Esber/Prociv)

That the meeting be extended until 11:30pm.

14.3 SUBJECT Cost of Producing Councillor Business Papers

REFERENCE F2019/00279 - D06926503

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REPORT OF Councillor Prociv

2310 RESOLVED (Prociv/Esber) That Council be provided with a report detailing the annual costs of printing business papers for Councillors, with the intention of seeking the support of Councillors to move to the provision of all Councillor information electronically.

14.4 SUBJECT Petitions Counting as more than One Unique

Submission REFERENCE F2007/01346 - D06928836 REPORT OF Councillor Bradley

2311 RESOLVED (Bradley/Davis) That the Motion be withdrawn for consideration at the Councillor Workshop on petitions.

14.5 SUBJECT Dowry Abuse as Family and Domestic Violence

REFERENCE F2015/01930 - D06929022 REPORT OF Councillor Davis

MOTION (Davis/Wilson) (a) That Council notes the concerns within Parramatta’s diverse

community about the issue of dowry abuse as a form of domestic and family violence and the recommendations of the 2018 Senate Inquiry into the practice of dowry and the incidence of dowry abuse in Australia.

(b) That Council submits a proposed motion on this topic to the 2019

Local Government NSW Conference to the effect of: a. That LG NSW lobby the NSW State Government to amend

the Crimes (Domestic and Personal Violence) Act 2007 to include economic abuse; and that within this inclusion, dowry abuse is recognised as a form of economic abuse.

b. That LG NSW lobby the NSW State Government to amend the existing legislation relating to Apprehended Violence Orders to explicitly recognise dowry abuse as an example of economic abuse.

c. That LG NSW advocates for the participation of Local Government in efforts with stakeholders to develop ongoing education and awareness raising campaigns about economic abuse, including dowry abuse.

(c) That Council ensures that its own definitions of family and

domestic violence are inclusive of the issue of dowry abuse.

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(d) Further, that Council Officers prepare a report on the issue of

dowry abuse as it relates to the communities of Parramatta. AMENDMENT (Zaiter/Issa) (a) That Council notes the concerns within Parramatta’s diverse

community about the issue of dowry abuse as an evil form of domestic and family violence and the recommendations of the 2018 Senate Inquiry into the practice of dowry and the incidence of dowry abuse in Australia.





c. That LG NSW advocates for the participation of Local Government in efforts with stakeholders to develop ongoing education and awareness raising campaigns about economic abuse, including dowry abuse.

(c) Further, that Council ensures that its own definitions of family and


The Amendment moved by Councillor Zaiter and seconded by Councillor Issa was put and CARRIED and became the Motion. The Motion moved by Councillor Zaiter and seconded by Councillor Issa (previously the Amendment) was put and CARRIED.

2312 RESOLVED (Zaiter/Issa) (a) That Council notes the concerns within Parramatta’s diverse

community about the issue of dowry abuse as an evil form of domestic and family violence and the recommendations of the 2018 Senate Inquiry into the practice of dowry and the incidence of dowry abuse in Australia.





c. That LG NSW advocates for the participation of Local

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Government in efforts with stakeholders to develop ongoing education and awareness raising campaigns about economic abuse, including dowry abuse as an evil.

(c) Further, that Council ensures that its own definitions of family and


Note: Councillor Issa returned to the Chamber at 11:16pm during consideration Item 14.5. The meeting terminated at 11:30 pm. THIS PAGE AND THE 30 PRECEDING PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON MONDAY, 12 AUGUST 2019 AND CONFIRMED ON MONDAY, 26 AUGUST 2019.

Chairperson

Minutes of Council - 12 August 2019

Documents

Transcript of Minutes of Council - 12 August 2019