MINUTES OF THE Meeting of Parramatta City Council HELD IN THE Council Chambers, CIVIC PLACE, PARRAMATTA ON Monday, 12 May 2008 AT 6:55 pm

PRESENT

The Lord Mayor, Councillor P B Barber in the Chair and Councillors D L Borger, MP (retired 10.32 pm), A A Brown, J Chedid, J D Finn, P J Garrard, A Issa, OAM (retired 9.56 pm), O Jamal, M K Walsh, L E Wearne, A A Wilson and C E Worthington.

ACKNOWLEDGEMENT TO TRADITIONAL LAND OWNERS

The Lord Mayor, Councillor P B Barber acknowledged the Barramatugal Clan of The Darug, the traditional land owners of Parramatta and paid respect to the elders both past and present.

MINUTES

SUBJECT Minutes of the Ordinary Council Meeting held on 28 April 2008.

9855 RESOLVED (Walsh/Issa)

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

APOLOGIES

9856 RESOLVED (Issa/Wilson)

That an apology be accepted for the absence of Councillors P Esber (Deputy Lord Mayor), C X Lim and B W Prudames.

DECLARATIONS OF INTEREST

There were no declarations of interest at this Regulatory Council Meeting.

PETITIONS

01	SUBJECT Request for Deferral of Department of Housing Development Applications FROM Councillor P J Garrard
9857	RESOLVED (Garrard/Wilson) That the petition be received and noted and Council seek a deputation to the Minister of Housing and Minister for Planning on the matters raised in the petition. The motion was put and lost. NOTE: Councillors P J Garrard and A A Wilson requested that their names be recorded as having voted against the decision.

02	SUBJECT Objection to DA/237/2008 - 270 Guildford Road, Guildford REFERENCE DA/237/2008 FROM K Cullen and others
9858	RESOLVED (Issa/Jamal) (a) That the petition be received and considered in conjunction with the determination of this application by Council staff. (b) Further, that Council officers undertake an inspection of the premises to ensure that it is not operating prior to consideration being given to the submitted development application.

City Leadership and Management

8.1

SUBJECT Adoption of the Draft Management Plan 2008/09 - 2011/12 for Public Exhibition REFERENCE F2007/00392 - D00926151 REPORT OF Group Manager Corporate Services

9859

RESOLVED (Finn/Jamal) (a) That consideration of this matter be deferred for 2 weeks to receive a response from staff regarding how Council’s previous resolution on purchasing greenpower next year can be implemented. (b) Further, that areas of possible saving to be considered include:- 1 Planning Policy and Performance Management area (pg 61); 2 Reduction in the Civic Events Budget by $22,000 by halving the cost of the Lord Mayor’s Christmas Party and holding such function in the Riverside Theatres; and 3 Residents Panel reductions.

Regulatory

9.1

SUBJECT 17-19 Hassall Street Parramatta - Proposed Easement REFERENCE DA/787/2004 - D00925453 REPORT OF Property Program Manager

9860

RESOLVED (Garrard/Issa) (a) That Council resolve to create an easement over the Council land (Lot 2 DP 632003) as shown on the plan at Attachment 3 in favour of 17-19 Hassall Street Parramatta (Lot 100 DP 1123072) with the condition that the easement at Council’s sole discretion shall cease and be extinguished when the Council land is dedicated for public road use. (b) Further, that the Lord Mayor and General Manager be authorised to execute under seal the linen plan and Section 88B instrument for creation of the easement.

DEVELOPMENT APPLICATIONS TO BE ADOPTED WITHOUT DISCUSSION

9861 RESOLVED (Issa/Wearne)

That Item No 1, 3, 6, 10, 13 and 21 Development Applications as listed on the Agenda for the Council Meeting held on 12 May 2008 be adopted in accordance with the Officer’s recommendations.

DOMESTIC APPLICATIONS TO BE BROUGHT FORWARD

That due to the attendance of interested persons in the public gallery, Domestic Applications were considered in the following order - Items 2, 4, 1 and 3.

REGULATORY - Domestic Applications

13.1

SUBJECT 330 Church Street, Parramatta (Lot 101 DP 1031459, EASE 1043441, Lot 3 DP 788637, Lot 2 DP 788637) (Arthur Phillip Ward) DESCRIPTION Fitout of Shop G21 and use of Shops G13, G14, G15 & G21 for the purpose of a restaurant, associated cooking classes and retailing of associated goods. Location Map - Attachment 3 REFERENCE DA/69/2008 - Submitted 5 February 2008 APPLICANT/S Sydney Technical Institute OWNERS Riverbank Trustee Pty Limited & Sandhurst Trustees Limited REPORT OF Senior Development Assessment Officer

9862

RESOLVED (Wearne/Chedid) That Council grant consent to Development Application No. 69/2008 subject to standard conditions.

13.2

SUBJECT 3 McArdle Street, Ermington (Lot 3 DP 36752) (Lachlan Macquarie Ward) DESCRIPTION Change of use from dwelling house to boarding house. (Location Map - Attachment 2) REFERENCE DA/435/2007 - Submitted 12 June 2007 APPLICANT/S Mr Z J Chen OWNERS Mr Z J Chen REPORT OF Manager Development Services

9863

RESOLVED (Worthington/Issa) (a) That Council grant consent to Development Application No. 435/2007 subject to standard conditions and the following extraordinary conditions: 1) The site management plan submitted with the application, is to be made available to adjoining properties prior to the occupation of the boarding house. The site management plan must include the contact details, a phone number of the site manager and suitable contact hours. In the event that a complaint is made where an activity has occurred that is inconsistent with the site management plan, the site manager is to respond and rectify the problem in accordance with the site management plan. A register/record of the complaints is to be kept by the site manager to assist if future concerns are to be investigated by Council. 2) The maximum number of lodgers permitted to reside within the dwelling must not exceed five (5) at any one time as each lodger is to be allocated individual bedrooms. 3) As there is a change in the building use (classification), the building must comply with the Category 1 fire safety provision applicable to the proposed new use. Note: The obligation under this subclause to comply with the Category 1 fire safety provision may require building work to be carried out even though none is proposed or required in the relevant development consent. In this clause, Category 1 fire safety provision has the same meaning as it has in Part 7B of the Environmental Planning and Assessment Regulations. In this regard you are required to comply with provisions of the Building Code of Australia 2007 part 3.7.2.4 & 3.7.2.5. All bedrooms are required to be fitted with a smoke alarm which activates a system of lighting to assist with the evacuation of occupants. In addition a fire extinguisher or fire blanket must be provided within the kitchen. 4) The boarding house must provide 2 off-street parking spaces on the subject site. 5) The use of the premises shall comply in all respects with the definition of ‘boarding house’ as provided in the Dictionary to Clause 10 of Parramatta Local Environmental Plan 2001, vis-à-vis: “boarding house means a building or part of a building let in lodgings or a hostel which provides lodgers with a principal place of residence, but does not include backpackers accommodation, a guest house, serviced apartment, or (in the Table to Clause 16) any other building defined in this dictionary”. That any advertising of the premises shall clearly state that the premises provides a principal place of residence and tariffs shall not be depicted on a daily basis. 6) A 24-hours phone number shall be supplied to each occupant so that contact may be made with the manager. 7) The manager shall ensure that a notice is placed near the entrance to the property in a visible position to the public advising of his name and contact number. 8) The premises shall require licensing pursuant to the Youth and Community Services Act 1973 should two or more occupants be diagnosed as having a disability. 9) That each occupant shall be furnished with a set of house rules and a copy of this consent and that no variation shall be permitted without the further approval of Council. 10) That the manager shall maintain a computer record and hard copy logbook of all residents with details of their names, length of stay, number of persons in each room, and that such record shall be submitted to Council annually. 11) All residents in the boarding house are to sign a lease or licence agreeing to comply with the boarding house rules, with the length of the lease to be determined by the management on the explicit understanding that accommodation is not to be provided on a temporary basis to persons on recreational pursuits. The length of lease considered appropriate is to be not less than 3 months. 12) The manager, upon signing of the lease or licence agreement, shall provide boarders with a key to their individual room and common areas. 13) Additional house rules shall be prepared by the manager of the premises and furnished to Council, in relation to such matters as the keeping of pets, noise, cleaning of outdoor areas and general use of outdoor areas. 14) The individual rooms and common areas are to be maintained in a clean and tidy state and individual’s rubbish is to be placed in the appropriate receptacles. 15) No fire, candles or naked flames are permitted within individual rooms 16) The kitchen shall be made available for residents 24 hours per day, 7 days per week and the applicant shall ensure that basic facilities in good working order are provided, including, but not limited to:  a large refrigerator;  a regular and a microwave oven;  dishwashing facilities;  waste disposal;  personal hygiene (soap, paper towels and the like);  food storage space;  a bench top for food preparation. 17) Doors to the kitchen and common areas are to be clear glazed. 18) Dining shall be encouraged within the common areas, so as not to isolate residents. 19) The door to a fully enclosed sanitary compartment must open outwards or slide or be readily removable from the outside of the compartment, unless there is a clear space of at least 1.2 metres between the closet pan within the sanitary compartment and the nearest part of the doorway. 20) The boarding house is to be used as a principal place of residence for long term residents and is not to be used for tourist purposes such as a private hotel or backpacker hostel. 21) A copy of the house rules shall be placed in prominent locations on the site, including in all communal areas, behind doors in bedrooms, and upon the rear façade of the dwelling, in order to familiarise residents of the boarding house with acceptable activities. 22) In addition to the above, the applicant shall also ensure that each room is provided with the following basic facilities:  Wardrobe;  Mirror;  Table & Chair;  Small bar fridge;  A night light or other approved illumination device for each bed;  Coffee and tea making facilities;  Microwave oven (no other cooking facilities to be provided in the bedrooms);  Waste container;  An approved latching device on the door;  Curtains, blinds or similar privacy device;  A phone line. All room furnishings shall be detailed in the Plan of Management. 23) The premises shall comply with fire safety regulations pertinent to a Class 1b building, being a boarding house with 12 or fewer occupants. 24) The applicant/developer shall contact Council’s Waste Unit to discuss the provision of a 240 litre bin for the collection of waste and the provision of a 240 litre bin for recycling. Services over and above the frequency and volume provided by Council shall require a private contracting service. (b) Further, that objectors be advised of Councils decision. NOTE: Councillor D L Borger left the meeting at 8.10 pm during consideration of this item (which was the first item considered in Domestic Applications).

13.3

SUBJECT 5 McArdle Street, Ermington (Lot 4 DP 36752) (Lachlan Macquarie Ward) DESCRIPTION Change of use from dwelling house to boarding house. (Location Map - Attachment 2) REFERENCE DA/632/2007 - Submitted 14 August 2007 APPLICANT/S Mr Z J Chen OWNERS Mr Z J Chen REPORT OF Manager Development Services

9864

RESOLVED (Wearne/Issa) (a) That Council grant consent to Development Application No. 632/2007 subject to standard conditions and the following extraordinary conditions: 1) The site management plan submitted with the application, is to be made available to adjoining properties prior to the occupation of the boarding house. The site management plan must include the contact details, a phone number of the site manager and suitable contact hours. In the event that a complaint is made where an activity has occurred that is inconsistent with the site management plan, the site manager is to respond and rectify the problem in accordance with the site management plan. A register/record of the complaints is to be kept by the site manager to assist if future concerns are to be investigated by Council. 2) The maximum number of lodgers permitted to reside within the dwelling must not exceed five (5) at any one time as each lodger is to be allocated individual bedrooms. 3) As there is a change in the building use (classification), the building must comply with the Category 1 fire safety provision applicable to the proposed new use. Note: The obligation under this subclause to comply with the Category 1 fire safety provision may require building work to be carried out even though none is proposed or required in the relevant development consent. In this clause, Category 1 fire safety provision has the same meaning as it has in Part 7B of the Environmental Planning and Assessment Regulations. In this regard you are required to comply with provisions of the Building Code of Australia 2007 part 3.7.2.4 & 3.7.2.5. All bedrooms are required to be fitted with a smoke alarm which activates a system of lighting to assist with the evacuation of occupants. In addition a fire extinguisher or fire blanket must be provided within the kitchen. 4) The boarding house must provide 2 off-street parking spaces on the subject site. 5) The use of the premises shall comply in all respects with the definition of ‘boarding house’ as provided in the Dictionary to Clause 10 of Parramatta Local Environmental Plan 2001, vis-à-vis: “boarding house means a building or part of a building let in lodgings or a hostel which provides lodgers with a principal place of residence, but does not include backpackers accommodation, a guest house, serviced apartment, or (in the Table to Clause 16) any other building defined in this dictionary”. That any advertising of the premises shall clearly state that the premises provides a principal place of residence and tariffs shall not be depicted on a daily basis. 6) A 24-hours phone number shall be supplied to each occupant so that contact may be made with the manager. 7) The manager shall ensure that a notice is placed near the entrance to the property in a visible position to the public advising of his name and contact number. 8) The premises shall require licensing pursuant to the Youth and Community Services Act 1973 should two or more occupants be diagnosed as having a disability. 9) That each occupant shall be furnished with a set of house rules and a copy of this consent and that no variation shall be permitted without the further approval of Council. 10) That the manager shall maintain a computer record and hard copy logbook of all residents with details of their names, length of stay, number of persons in each room, and that such record shall be submitted to Council annually. 11) All residents in the boarding house are to sign a lease or licence agreeing to comply with the boarding house rules, with the length of the lease to be determined by the management on the explicit understanding that accommodation is not to be provided on a temporary basis to persons on recreational pursuits. The length of lease considered appropriate is to be not less than 3 months. 12) The manager, upon signing of the lease or licence agreement, shall provide boarders with a key to their individual room and common areas. 13) Additional house rules shall be prepared by the manager of the premises and furnished to Council, in relation to such matters as the keeping of pets, noise, cleaning of outdoor areas and general use of outdoor areas. 14) The individual rooms and common areas are to be maintained in a clean and tidy state and individual’s rubbish is to be placed in the appropriate receptacles. 15) No fire, candles or naked flames are permitted within individual rooms 16) The kitchen shall be made available for residents 24 hours per day, 7 days per week and the applicant shall ensure that basic facilities in good working order are provided, including, but not limited to:  a large refrigerator;  a regular and a microwave oven;  dishwashing facilities;  waste disposal;  personal hygiene (soap, paper towels and the like);  food storage space;  a bench top for food preparation. 17) Doors to the kitchen and common areas are to be clear glazed. 18) Dining shall be encouraged within the common areas, so as not to isolate residents. 19) The door to a fully enclosed sanitary compartment must open outwards or slide or be readily removable from the outside of the compartment, unless there is a clear space of at least 1.2 metres between the closet pan within the sanitary compartment and the nearest part of the doorway. 20) The boarding house is to be used as a principal place of residence for long term residents and is not to be used for tourist purposes such as a private hotel or backpacker hostel. 21) A copy of the house rules shall be placed in prominent locations on the site, including in all communal areas, behind doors in bedrooms, and upon the rear façade of the dwelling, in order to familiarise residents of the boarding house with acceptable activities . 22) In addition to the above, the applicant shall also ensure that each room is provided with the following basic facilities:  Wardrobe;  Mirror;  Table & Chair;  Small bar fridge;  A night light or other approved illumination device for each bed;  Coffee and tea making facilities;  Microwave oven (no other cooking facilities to be provided in the bedrooms);  Waste container;  An approved latching device on the door;  Curtains, blinds or similar privacy device;  A phone line. All room furnishings shall be detailed in the Plan of Management. 23) The premises shall comply with fire safety regulations pertinent to a Class 1b building, being a boarding house with 12 or fewer occupants. 24) The applicant/developer shall contact Council’s Waste Unit to discuss the provision of a 240 litre bin for the collection of waste and the provision of a 240 litre bin for recycling. Services over and above the frequency and volume provided by Council shall require a private contracting service. (b) Further, that objectors be advised of Councils decision.

13.4

SUBJECT 122 The Trongate Granville (crn Charles Streets) (Lots 5A & 6A DP 159581) (Woodville Ward) DESCRIPTION Alterations and additions to the existing dwelling comprising construction of an awning, enclosed toilet and ensuite, addition of a sliding gate to the fence fronting Charles Street and installation of windows and door to the northern elevation. REFERENCE DA/603/2007 - Submitted 7 August 2007 APPLICANT/S Mrs A Khoury OWNERS Mrs A Khoury REPORT OF Development Assessment Officer

9865

RESOLVED (Garrard/Walsh) (a) That consideration of this matter be deferred to the next Council Meeting (Regulatory) to enable plans to be amended to reflect the current application ie removal of sliding door. (b) Further, that a list be included with future reports of any non compliances existing at the subject premises. NOTE: Councillor D L Borger returned to the meeting at 8.17 pm during consideration of this matter being absent for the decision on Item 2 of Domestic Applications only.

DEVELOPMENT APPLICATIONS TO BE BROUGHT FORWARD

That due to the attendance of interested persons in the public gallery, Items 2, 4, 8, 14, 15, 16, 17, 18, 19 and 20 of Development Applications were brought forward by the Chairperson and considered in that order.

Reports - Development Applications

14.1	SUBJECT 47 Barnetts Road, Winston Hills (Lot 7 DP 221156) (Caroline Chisholm Ward) DESCRIPTION Construction of a detached double garage located at the rear of a heritage listed site. Location Map - (Attachment 3) REFERENCE DA/1088/2007 - 18 December 2007 APPLICANT/S Mr B J Fitzgerald OWNERS Mr A A Root and Mrs A A Root REPORT OF Senior Development and Certification Officer
	RECOMMENDATION That Council approve Development Application No 1008/2007 subject to standard conditions of consent. NOTE: This matter was adopted under Minute No 9861 – Development Applications To Be Adopted Without Discussion.

14.2

SUBJECT 92 Bettington Road, Oatlands (Lot 1 DP 22016 and Lot D DP 32351) (Elizabeth Macarthur Ward) DESCRIPTION Section 96 (AA) modification to an approved 56 place childcare centre. The modifications include changes to deferred commencement condition 1b to allow the roundabout that is required to be constructed at the intersection of Bettington Road and Ellis Street to potentially be constructed at no cost to both Baulkham Hills Shire Council and Parramatta City Council. REFERENCE DA/491/2006/A - Submitted: 3 March 2008 APPLICANT/S Mr J Bechara OWNERS Mr T Bechara REPORT OF Development Assessment Officer

9866

MOTION (Wearne/Chedid) (a) That Council modify Development Consent DA/491/2006 issued by the Land and Environment Court dated 13 February 2007, in the following manner: 1. Condition 1(b) is amended to read as follows: 1(b) A Planning Agreement be entered into pursuant to Section 93F-93L of the Environmental Planning and Assessment Act 1979 between the applicant, Parramatta City Council and Baulkham Hill Shire Council in terms whereof the applicant, in order to facilitate the construction of a roundabout at the intersection of Ellis Street and Bettington Road, Oatlands, is to pay whichever is the lower of either a $40,000 contribution to both Parramatta City Council and Baulkham Hills Shire Council (total contribution $80,000) or a contribution in equal shares to Parramatta City Council and Baulkham Hills Shire Council of half of the cost of construction of the roundabout including design and survey costs, or alternatively, an agreement between the Applicant and Baulkham Hills Shire Council for the construction, to the reasonable satisfaction of Baulkham Hills Shire Council, of the said roundabout at no cost to Baulkham Hills Shire Council or Parramatta City Council, and whereby construction shall commence no later than 12 months from the date of the said agreement and be completed within 18 months of the date of the said agreement. 2. If the roundabout is to be redesigned and referred to the Parramatta Traffic Committee, then the objectors be notified of the proposed changes. AMENDMENT (Issa/Wilson) (a) That Council modify Development Consent DA/491/2006 issued by the Land and Environment Court dated 13 February 2007, in the following manner: 1. Condition 1(b) is amended to read as follows: 1(b) A Planning Agreement be entered into pursuant to Section 93F-93L of the Environmental Planning and Assessment Act 1979 between the applicant, Parramatta City Council and Baulkham Hill Shire Council in terms whereof the applicant, in order to facilitate the construction of a roundabout at the intersection of Ellis Street and Bettington Road, Oatlands, is to pay whichever is the lower of either a $40,000 contribution to both Parramatta City Council and Baulkham Hills Shire Council (total contribution $80,000) or a contribution in equal shares to Parramatta City Council and Baulkham Hills Shire Council of half of the cost of construction of the roundabout including design and survey costs, or alternatively, an agreement between the Applicant and Baulkham Hills Shire Council for the construction, to the reasonable satisfaction of Baulkham Hills Shire Council, of the said roundabout at no cost to Baulkham Hills Shire Council or Parramatta City Council, and whereby construction shall commence no later than 12 months from the date of the said agreement and be completed within 18 months of the date of the said agreement. The amendment was put and lost. The motion was put and carried.

14.3	SUBJECT 14 New York Street, Granville (Lot A DP 318121) (Woodville) DESCRIPTION Alterations and additions to an existing heritage listed dwelling. Location Map - Attachment 3 REFERENCE DA/99/2008 - Submitted 18 February 2008 APPLICANT/S Mr G Maalouf and Mrs L Maalouf OWNERS Mr G Maalouf and Mrs L Maalouf REPORT OF Senior Development and Certification Officer
	RECOMMENDATION That Council grant consent to Development Application No/99/2008 subject to standard conditions of consent. NOTE: This matter was adopted under Minute No 9861 – Development Applications To Be Adopted Without Discussion.

ADJOURNMENT OF MEETING

In accordance with Council's decision of 23 October 2000 (Minute No 5712) the meeting adjourned at 8.35 pm for a period of 20 minutes.

RESUMPTION OF MEETING

The meeting resumed in the Council Chamber at 8.55 pm, there being in attendance The Lord Mayor, Councillor P B Barber and Councillors D L Borger, J Chedid, J D Finn, P J Garrard, A Issa OAM, O Jamal, M K Walsh, L E Wearne, A A Wilson and C E Worthington.

14.4

SUBJECT 28 - 30 Carson Street, Dundas (Lots 4 and 5 DP 31560) (Elizabeth Macarthur Ward) DESCRIPTION A Section 82A Review of Determination to review the determination (refusal) of DA/632/2006 for demolition, tree removal and the construction of 9 townhouses and basement car parking. REFERENCE DA/632/2006 - 5 September 2007 APPLICANT/S Designeffect P/L OWNERS Mr S Xing, Mr L Qi and Mr Y Han REPORT OF Senior Development Assessment Officer

9867

RESOLVED (Borger/Wearne) (a) That Council uphold the previous determination of refusal of Development Application 632/2006, subject to the following reasons: 1. The proposed development is inconsistent with the aims and objectives of the 2B Residential Zone. In this regard, the proposed development does not enhance the amenity and characteristics of the established residential area. In addition, the proposed built form and in particular the proposed building height, bulk, scale and vertical proportions are not sympathetic to the surrounding built environment; 2. The proposed development does not comply with DCP 2005 (Part 4) as the roof form has not minimised the appearance of bulk and scale of the building. The proposal does not ensure that the building mass and form reinforces, compliments and enhances the visual character of the street (particularly in relation to the streetscape). The proposed building height does not respond to the topography and shape of the site. In addition, the development has not minimised the extent of shadows that it casts on the private open space and habitable room windows of the adjoining dwellings; 3. The proposed development does not comply with DCP 2005 (Part 4.3.4), which requires development to provide dwellings within the development site with a minimum of 3 hours sunlight in at least 50% of the private open space between 9am and 3pm on 21 June. The proposal does not provide townhouses 2 and 3 with a minimum of 3 hours sunlight in at least 50% of the private open space between 9am and 3pm on 21 June. The non-compliance is unacceptable for the reason that the objectives of Part 4.3.4 of DCP 2005 have not been satisfied. In this regard, the proposed development will unreasonably diminish sunlight to dwellings within the development site. Further, the proposed development will reduce the amenity of townhouses 2 and 3 for the reason that their private open space areas will not be capable of serving as an extension of the dwelling for relaxation, entertainment and recreation; 4. The proposed development does not comply with DCP 2005 (Part 4.2.4), which requires development to provide dwellings with a building frontage and entry that has a sense of address and visual interest. The proposal does not provide townhouses 1 – 3 (front row) with a front entry door and pedestrian access pathway. The non-compliance is unacceptable for the reason that the objectives of Part 4.2.4 of DCP 2005 have not been satisfied. In this regard, the proposed development does not ensure that the appearance of the building compliments the streetscape character and that an attractive building façade has not been provided to establish identity; 5. The proposed development does not comply with DCP 2005 (Part 4.4.3), which requires multi unit development with less than 10 dwellings to provide one adaptable dwelling within the development. The proposal does not provide details regarding how disabled access can be provided to one of the townhouses. The non-compliance is unacceptable for the reason that the objectives of Part 4.4.3 of DCP 2005 have not been satisfied. In this regard, the proposed development does not promote the design of buildings that are adaptable and flexible in order to suit a disabled resident or visitor; 6. The proposed development will not be in the public interest in that the development will be in contrast to the existing character and desired future character of the area. (b) Further, that the objectors be advised of Council’s decision.

14.5	SUBJECT 29-31 Garnet Street Merrylands DESCRIPTION Demolition of existing dwellings and construction of a multi-unit housing development containing 6 dwellings REFERENCE DA/755/2007 - Submitted 12 September 2007 APPLICANT/S Resitech OWNERS NSW Department of Housing REPORT OF Senior Development Assessment Officer
9868	MOTION (Borger/Brown) (a) That Development Application No. 1025/2007 be approved subject to standard conditions and the following extraordinary conditions subject to the concurrence of the applicant or the Minister being provided as required by Section 116C of the Environmental Planning and Assessment Act. 1. The Pinus radiata (Monterey Pine) tree located at the front of the site within Lot DP 35056 shall be removed. Two (2) Tristaniopsis laurina (Water Gum) trees shall be planted on the nature strip prior to occupation of the development and maintained until mature. Reason: To enhance the streetscape. 2. A revised version of landscape plan drawing No. L-01 prepared by Ray Fuggle and Associates shall be prepared prior to the commencement of construction. The landscape plan shall be revised in accordance with the approved site plan and the development shall be completed in accordance with the revised landscape plan. Reason: To ensure that a revised landscape plan is provided. 3. The following engineering requirements are to be shown on the stormwater concept plans: 3.1 Control pit in the on-site detention shall be a high early discharge control pit in accordance with Upper Parramatta River Catchment Trust, on-site Stormwater Detention Handbook, in this case Figure 7.10 - 7.11 (3^rd edition). 3.2 Provide 5.5m wide vehicular footpath crossing with a transition zone narrowed to the width of the internal driveway. 3.3 Provide minimum 200mm gap beneath dividing fence within the on-site detention area in courtyards of unit 1, unit 2 and unit 3. 3.4 Surrounding retaining wall in the on-site detention shall be water tight. 3.5 No loose mulch within the On-site detention area. Reason: To provide efficient civil design. (b) Further, that the objectors be advised of Council’s decision. AMENDMENT (Garrard/Wilson) That the application be refused for the following reasons:- 1. Solar access and cross ventilation are not up to council’s required standard; 2. Private and communal open space areas do not receive at least 3 hours of sunshine during stated periods as required in Council’s codes; 3. Ceiling heights are inappropriate and not within council’s required standards. The amendment was ruled out of order as it is a direct negative to the motion. AMENDMENT (Walsh/Finn) That consideration of this matter be deferred pending a redraw of the plans to address the issues of ceiling height, solar access and cross ventilation on the first floor. The amendment was put and lost. The motion was put and carried.
	NOTE: Councillors P J Garrard & A A Wilson requested that their names be recorded as having voted against this decision.

14.6	SUBJECT 3-11 Shirley Street, Rosehill (Lot 2 DP 864567) (Elizabeth Macarthur Ward) DESCRIPTION Construction of an awning to be located on the second floor of the Capral Aluminium building. (Location Map - Attachment 2) REFERENCE DA/86/2008 - Submitted 13 February 2007 APPLICANT/S Mr D Ferrier OWNERS ING Industrial Custodian Pty Ltd REPORT OF Manager Development Services
	RECOMMENDATION That Council grant consent to Development Application No. 86/2008 subject to standard conditions. NOTE: This matter was adopted under Minute No 9861 – Development Applications To Be Adopted Without Discussion.

14.7

SUBJECT 70 Ross Street North Parramatta ( Lot 1 DP 778857) (Elixabeth Macarthur Ward) DESCRIPTION Section 96(1A) modification to DA No. 1114/2004. The modifications comprise two additional windows to the dining room along the western elevation of the dwelling (Location Map-Attachment 2). REFERENCE DA/1114/2004/B - Submitted 23rd October 2007 APPLICANT/S Mr N J Tarr OWNERS Mr N J Tarr and Mrs M Morley REPORT OF Senior Development and Certification Assessment Officer

9869

RESOLVED (Finn/ Borger) That Council modify Development Consent DA/1114/2004 dated 27 November 2006 in the following manner. 1. Condition 1 be amended as follows: The development is to be carried out in compliance with the following plans and documentation listed below and endorsed with Council’s stamp, except where amended by other conditions of this consent: Drawing No 40706-A1A dated July 2004 by Armstrong Home Improvements.

14.8

SUBJECT 15 Gilbert Street, North Parramatta (Lot 59 DP 4858) (Arthur Phillip) DESCRIPTION Demolition of existing dwelling, tree removal and construction of a two storey dwelling and garage REFERENCE DA/506/2007 - Submitted 4 July 2007 APPLICANT/S Mr Paul Thomas Bosci OWNERS Mr Paul Thomas Bosci REPORT OF Manager Development Services

9870

RESOLVED (Wearne/Issa) (a) That Council grant consent to Development Application No.603/2007 subject to standard conditions and the following extraordinary conditions: 1 The applicant’s arboricultural service provider is to remove the street tree located in the William Street frontage. 1x Callistemon 'Endeavor' shall be supplied in a 45L container with a setback of 3 metres from the driveway. The tree is to be a minimum height of 1.5 metres at planting and is to be maintained until established. The tree is to be grown and planted in accordance with Natspec – Clarke .R, Specifying Trees: A guide to the assessment of tree quality, 2003. Reason: To ensure restoration of environmental amenity. 2 Two examples from the following list are to be planted within the site to replace the Eucalyptus grandis (Flooded Gum) and Jacaranda mimosifolia (Jacaranda) approved for removal under this consent: Lophostemon confertus (Brush Box) Tristaniopsis laurina (Water Gum) Eucalyptus microcorys (Tallowwood) Angophora floribunda (Rough-barked Apple) Corymbia eximia (Yellow Bloodwood) Corymbia maculata (Spotted Gum) Hymenosporum flavum (Native Frangipani) Elaeocarpus reticulatus (Blueberry Ash) Waterhousia floribunda (Weeping Lilly Pilly) The trees are to be a minimum height of 1.5 metres at planting and are to be maintained until established. All trees are to be grown and planted in accordance with Natspec – Clarke .R, Specifying Trees: A guide to the assessment of tree quality, 2003. Reason: To ensure restoration of environmental amenity. 3 All bathroom windows shall be obscured glazing (as marked in red on stamped plans) and the window serving the first floor hallway is to comprise glass blocks (as marked in red on stamped plans). Reason: to protect the amenity of the area 4 The detached garage is not to be used for habitable or commercial purposes. Reason: to protect the amenity of the area (b) Further, that the objectors be advised of Council’s decision. NOTE: Councillor A A Brown returned to the meeting at 8.56 pm during consideration of this matter, having been absent for the decision on Item 4 of Development Applications.

14.9

SUBJECT Section 82A Review DA/545/2005 18 Dobson Crescent Dundas

DESCRIPTION Demolition of a dwelling house and construction of 4 townhouses over one level of basement carparking.

REFERENCE DA/545/2005 - 10 October 2007

APPLICANT/S Construct Corp Pty Ltd

OWNERS Y, S & J Park

REPORT OF Senior Development Assessment Officer

9871

RESOLVED (Wearne/Chedid) (a) That Council uphold its refusal of Development Application No. 545/2005 and refuse to grant its consent for the demolition of a dwelling house and construction of 4 townhouses over basement level carparking, for the following reasons: 1. That the proposal does not comply with Clause 40 (Floor Space Ratio for development) of Parramatta LEP 2001, that no SEPP 1 objection has been submitted addressing the non-compliance and that the submitted plans are insufficient to be able to determine the floor area of the building. 2. That the proposal does not comply with Clause 39 (Height Limits in Residential Zones) of Parramatta LEP 2001, that no SEPP 1 objection has been submitted addressing the non-compliance and that the submitted plans are insufficient to be able to determine the height of the building. 3. That the proposal fails to satisfy the relevant zone objectives (a) and (b) for the Residential 2B zone as prescribed by Clause 16 of Parramatta LEP 2001 as the proposal: (a) does not enhance the amenity and characteristics of the established residential area as the proposal fails to maintain prevailing setbacks; and (b) compromises the amenity of the surrounding residential area as the proposal fails to minimise visual impact and opportunities for overlooking. (c) is excessive in terms of bulk and scale, as a result of the non -complying height and FSR. 4. That the basement level carparking projection above ground level does not satisfy Parts 4.3.5 and 5.5 of Parramatta DCP 2001 (in relation to basement carparking and soft soil zone). 5. That insufficient information has been submitted with the development application in relation to being able to determine the extent of the soft soil zone provided within the development. Council is unable to determine whether the proposal complies with the minimum requirements of Part 5.5 of Parramatta DCP 2001. 6. That the proposal fails to comply with, or address, the minimum soft soil landscaping area required by Parts 4.4.6 and 5.5 of Parramatta DCP 2001. 7. That the proposal fails to comply with and fails to address the minimum side and rear setback requirements required by Part 5.5 of Parramatta DCP 2001. 8. That granting consent to the proposal would not be in the public interest as the building has not been designed to respond to the existing and future character of the area and fails to satisfy the objectives of Part 4.4 of Parramatta DCP 2001. 9. Matters raised by the objectors and that granting consent to the proposal would not be in the public interest. (b) Further, that the objectors be advised of Council’s decision.

RESOLVED (Wearne/Chedid)

(a) That Council uphold its refusal of Development Application No. 545/2005 and refuse to grant its consent for the demolition of a dwelling house and construction of 4 townhouses over basement level carparking, for the following reasons:

1. That the proposal does not comply with Clause 40 (Floor Space Ratio for development) of Parramatta LEP 2001, that no SEPP 1 objection has been submitted addressing the non-compliance and that the submitted plans are insufficient to be able to determine the floor area of the building.

2. That the proposal does not comply with Clause 39 (Height Limits in Residential Zones) of Parramatta LEP 2001, that no SEPP 1 objection has been submitted addressing the non-compliance and that the submitted plans are insufficient to be able to determine the height of the building.

3. That the proposal fails to satisfy the relevant zone objectives (a) and (b) for the Residential 2B zone as prescribed by Clause 16 of Parramatta LEP 2001 as the proposal:

3.1 does not enhance the amenity and characteristics of the established residential area as the proposal fails to maintain prevailing setbacks; and

3.2 compromises the amenity of the surrounding residential area as the proposal fails to minimise visual impact and opportunities for overlooking.

3.3 is excessive in terms of bulk and scale, as a result of the non -complying height and FSR.

4. That the basement level carparking projection above ground level does not satisfy Parts 4.3.5 and 5.5 of Parramatta DCP 2001 (in relation to basement carparking and soft soil zone).

5. That insufficient information has been submitted with the development application in relation to being able to determine the extent of the soft soil zone provided within the development. Council is unable to determine whether the proposal complies with the minimum requirements of Part 5.5 of Parramatta DCP 2001.

6. That the proposal fails to comply with, or address, the minimum soft soil landscaping area required by Parts 4.4.6 and 5.5 of Parramatta DCP 2001.

7. That the proposal fails to comply with and fails to address the minimum side and rear setback requirements required by Part 5.5 of Parramatta DCP 2001.

8. That granting consent to the proposal would not be in the public interest as the building has not been designed to respond to the existing and future character of the area and fails to satisfy the objectives of Part 4.4 of Parramatta DCP 2001.

9. Matters raised by the objectors and that granting consent to the proposal would not be in the public interest.

(b) Further, that the objectors be advised of Council’s decision.

14.10

SUBJECT 184-186 Windsor Road and 16 Weemala Street, Winston Hills
(Lot 1 DP 205332, Lot 2 DP 944363 & Lot 24 DP 230957) (Caroline Chisholm Ward)

DESCRIPTION Demolition of the existing dwelling at No. 16 Weemala Street, boundary adjustments between the properties located at No. 184 and No. 186 Windsor Road and 16 Weemala Street and resubdivision of these 3 allotments to create 4 allotments. (Location Map - Attachment 3)

REFERENCE DA/1031/2007 - Submitted 27 November 2007

APPLICANT/S Mr A and Mr R Dabit

OWNERS Yard Developments Pty Limited

REPORT OF Manager Development Services

RECOMMENDATION

(a) That Development Application No. 1031/2007, which seeks approval for the demolition of the existing dwelling at No. 16 Weemala Street, boundary adjustments between the properties located at No.184 and No.186 Windsor Rd and 16 Weemala Street and resubdivision of these 3 allotments to create 4 allotments, be approved subject to conditions.

(b) Furthermore, the RTA has raised no objection to the proposal and has granted concurrence to the development application.

(c) Further that, objectors be advised of Councils decision.

NOTE: This matter was adopted under Minute No 9861 – Development Applications To Be Adopted Without Discussion.

14.11	SUBJECT 66 Ross Street, Parramatta (Lot A DP 159275) (Arthur Phillip Ward) DESCRIPTION Alterations and additions to an existing heritage listed dwelling, including partial demolition to the rear of the existing dwelling. (Locality Map - attachment 2) REFERENCE DA/934/2007 - Submitted 2 November 2007 APPLICANT/S Ms A S L Tan OWNERS Ms A S L Tan REPORT OF Manager Development Services
9872	RESOLVED (Finn/Chedid) That Council grant consent to Development Application 934/2007, subject to standard conditions.

14.12

SUBJECT 35 Elder Road, Dundas (Lot 5 DP 30193) (Elizabeth Macarthur Ward) DESCRIPTION Demolition and construction of an attached dual occupancy with Torrens title subdivision. REFERENCE DA/954/2007 - Submitted 6 November 2007 APPLICANT/S Mr T W Oh OWNERS Shin Do Pty Ltd REPORT OF Development Assessment Officer

9873

RESOLVED (Chedid/Brown) (a) That Council grant consent to Development Application No. 954/2007 subject to standard conditions as well as the following extraordinary conditions: 1. The side and rear fencing is to be constructed of timber to a maximum height of 1.8m. Details shall be illustrated on plans submitted with the Construction Certificate. Reason: To maintain the heritage significance of the property. 2. The side facing windows of bedroom 3 in both Units are to have a 1.5m high sill height. Details shall be illustrated on plans submitted with the Construction Certificate. Reason: To reduce opportunities for overlooking into adjoining properties. 3 2 x Callistemon ‘Endeavour’ shall be planted on the nature strip. These are to be supplied in 45 Litre containers. All street trees are to be setback 3 metres from any driveway. The trees are to be a minimum height of 1 metre at planting and are to be maintained until established. All trees are to be grown and planted in accordance with Natspec – Clarke .R, Specifying Trees: A guide to the assessment of tree quality, 2003. Reason: To ensure restoration of environmental amenity. 4. The proposed dual occupancy shall have timber and timber framed doors and windows (including garage doors) on the front elevation. Reason: To reduce the visual impact on adjoining heritage item at 33 Elder Road. 5. The proposed dual occupancy shall utilise dark-coloured external brick walls, corrugated iron roofing in a dark colour, and dark coloured guttering and downpipes. Reason: To reduce the visual impact on adjoining heritage item at 33 Elder Road. (b) Further, that objectors be advised of Councils decision. NOTE: Councillor A Issa, OAM retired from the meeting at 9.56 pm during consideration of this matter.

14.13

SUBJECT Epping RSL Club, 45-47 Rawson Street, Epping (Lot 101 DP 838314) (Lachlan Macquarie Ward) DESCRIPTION Use of part Epping RSL Club and part of Rawson Street for the Epping Street Fair on Sunday 25 May 2008. REFERENCE DA/65/2008 - Submitted 14 February 2008 APPLICANT/S Epping RSL Sub Branch & Community Club OWNERS Epping RSL Sub Branch & Community Club and Parramatta City Council REPORT OF Kerry Gordon Planning Services

RECOMMENDATION That Development Application No. 95/2008, be approved, subject to standard conditions and the following special conditions. Restoration of Damage 1. The applicant shall bear the cost of all restoration works to Rawson Street and the nearby lanes used for the event or any street furniture or infrastructure therein, necessary due to damage caused during the event, its setup or its dismantling. The applicant shall advise Council, in writing, of any existing damage to the street, street furniture or infrastructure 5 working days prior to commencement of the event. Reason: To ensure that any damage to the street is restored. Cleaning of Rawson Street 2. The applicant shall ensure that Rawson Street and the nearby lanes used for the event are cleaned of all garbage prior to the reopening of the streets at 7pm on 25 May 2008. Reason: To ensure that the street is restored to its former state at the end of the event. Cigarette Butt Receptacles 3. Provision is to be made for cigarette butt receptacles on the site to minimise littering during the event. Cigarette butt receptacles must be removed at the end of the event and prior to reopening of the streets at 1pm on 25 May 2008. Reason: To ensure that adequate provision is made for the disposal of cigarette butts and prevent littering of the public domain. Disabled Access 4. Access for people with disabilities within the entertainment and stall areas is to be maintained throughout the event and care is to be taken in the location and erection of the temporary structures, stalls and barricades to ensure current accessible paths are not blocked. Reason: To ensure the provision of equitable and dignified access for all people in accordance with disability discrimination legislation and relevant Australian Standards. Toilets 5. Temporary toilets are to be provided prior to the commencement of the event. Access to the accessible toilet within the “Casino” of the Epping Club is to be available to persons attending the event and signage is to be erected in proximity to the temporary toilets providing directions to those toilets for persons with disabilities. Reason: To ensure an appropriate provision of toilet facilities for the event. Street Closure 6. The closure of Rawson Street and the identified laneways is to occur only between the hours of 4am and 7pm on 25 May 2008 and only in accordance with the approved Traffic Management Plan: Epping Street Fair 2008. Reason: To ensure an appropriate level of safe vehicular access is maintained to the area. Amusement Rides 7. Amusement rides for the event are to be limited to those targeted at small children (such as jumping castles and small children’s rides) and no rides targeted at teenagers or adults are to be provided. Reason: To ensure an appropriate level of amenity to surrounding properties. Notification of Event 8. The applicant is to advise the Traffic Department, the NSW Fire Brigade, the NSW Ambulance Service, the SES, affected bus and taxi companies, tourist bus operators, the RTA and all the residences and businesses affected by the proposed road closures of the temporary road closure, and is to provide them with a copy of the detour route map and Traffic Management Plan, a minimum of 2 weeks prior to the event. Copies of the correspondence are to be forwarded to Council. Reason: To ensure appropriate knowledge of the road closures for affected bodies. Prior to the event: Information to be Supplied 9. Prior to the event the following information is to be supplied: (a) The event organiser is to submit a Traffic Control Plan (TCP) and Traffic Management Plan (TMP) incorporating the entire route to Council and the RTA for acknowledgement. The TCP should be prepared by a person holding appropriate certification required by the RTA to satisfy the requirements of the relevant Work Cover legislation; (b) The event organiser is to submit to Council a copy of its Public Liability Policy in an amount not less than $10,000,000 noting Council and the Roads and Traffic Authority as an interested parties on the Policy and that Policy to cover both on-road and off-road activity; (c) The event organiser s to advert the event in the local press stating the (road closure and the detour route) entire route/extent of the event and the traffic impact / delays due to the event two weeks prior to the event; a copy of the proposed advertisement be submitted to Council (indicating the advertising medium); (d) The event organiser is to undertake a letter drop to all affected residents and businesses in the proximity to the event, with that letter advising full details of the event; a copy of the correspondence be submitted to Council. (e) The event organiser is to assess the risk and address the suitability of the entire route as part of the risk assessment considering the possible risks for all participants travelling on winding, narrow, uneven gravel roads with steep roadside embankments and sharp bends; This assessment should be carried out by visual inspection of the route / site by the event organiser prior to preparing the TMP and prior to the event; (f) The event organiser is to carry out an overall risk assessment for the whole event to identify and assess the potential risks to spectators, participants and road users during the event and designing and implementing a risk elimination or reduction plan in accordance with the Occupational Health and Safety Act 2000; (information for event organisers about managing risk is available on the NSW Sport and Recreation’s web site at http://www.dsr.nsw.gov.au); (g) The event organiser is to submit the completed "Special Event - Traffic Final Approval" form to Council; Reason: To ensure the safety of the event. Erection of Signage 10. In accordance with the submitted TMP and associated TCP (to be submitted to Council), appropriate advisory signs, including temporary speed restriction signs, shall be placed at the event organiser's expense after all the required approvals are obtained from the relevant authorities, and traffic control devices be placed during the event along the route under the direction of a traffic controller holding appropriate certification required by the RTA. Reason: To ensure the safety of the event. Advice of Traffic Measures 11. The Stall owners and the participants be advised of the traffic control (and other) arrangements in place, prior to the commencement of the event Reason: To ensure the safety of the event. Erection of Signage 12. In accordance with the submitted TMP and associated TCP (to be submitted to Council), appropriate advisory signs, including temporary speed restriction signs, shall be placed at the event organiser's expense after all the required approvals are obtained from the relevant authorities, and traffic control devices be placed during the event along the route under the direction of a traffic controller holding appropriate certification required by the RTA. Reason: To ensure the safety of the event. During Construction or Works: Hours of Erection/Dismantling Structures 13. All works for the erection of temporary structures may only be carried out between the hours of 4.00 am to 10.00 am on 25 May 2008. All works for the removal of temporary structures may only be carried out between the hours of 4pm to 7pm on 25 May 2008. Reason: To protect the amenity of the area. Structural Certification 14. A Qualified practicing structural engineer is required to certify the stage in accordance with section B of the Building Code of Australia (BCA) 2007. Reason: To protect the safety of the public. During Event Waste Removal 15. The waste storage areas shall be capable of accommodating all waste arising from the event. All waste is to be removed from the street by 7.00pm on 25 May 2008. Reason: To ensure a suitable waste storage facility. Hours of Event 16. The event is to occur only between the hours of 10am and 4pm on 25 May 2008. Reason: To minimise the impact on the amenity of the area. Security 17. A minimum of four (4) security staff are to be on the site at all times between the hours of 10am and 4pm on 25 May 2008. The security staff is to ensure that patrons displaying inappropriate behaviour are required to leave the area to ensure the safety and enjoyment of other patrons. At the end of the event, security staff are to ensure patrons leave the site in an orderly manner and in a timely fashion. Reason: To minimise the impact on the amenity of the area and ensure the safety of the event. Use of Stage 18. The event management is to ensure that the maximum number of persons on the stage at any one time does not exceed the structural capacity of the stage. The maximum number of persons the stage is designed for is to be clearly displayed at all times in close proximity to the stage entrance points. Reason: To ensure the safe use of the temporary stage. Operation of Food Premises 19. The operation of any food business activity in association with the event is to be in accordance with the food safety standards adopted under the NSW Food Act. In complying with the above, the event organiser and all food businesses intending to operate as part of this event shall refer to the NSW Food Authority’s publication “Food handling guidelines for temporary events” (Version 1/06) prior to the setting up of any food stall or placement of any vehicle used to prepare or display food for sale. Any departures from this guide are to be directly negotiated with Council’s nominated Environmental Health Officer and a statement of clearance issued by Council prior to the commencement of the event. Council may undertake inspections of individual food stalls on the day of the event. An inspection fee applies for each stall inspected, and the relevant fee can be viewed on Council’s website. All food businesses and the event organiser shall undertake prior notification of the event to the NSW Food Authority. Reason: To ensure a supply of safe and suitable food for the event. Removal of Waste 20. Disposal of wastes arising from the event shall comply with the approved waste management plan. All putrescible waste shall be removed from the site with sufficient frequency to avoid nuisance from pests and odours. The event organiser is to retain receipts for disposal of wastes for auditing purposes by Council’s waste management officer. Reason: To ensure provision of adequate waste disposal arrangements. Noise 21. A noise management plan to be provided to Council no less than 7 days prior to the event date. This shall include detail on the measures taken to: a. inform the local community of the nature of the event; b. restrict direction of noise toward residential premises; c. any other noise mitigation measures. Reason: To prevent loss of amenity to the community. Access 22. Access is to be maintained for all businesses, residents and their visitors during the event. Reason: To ensure the access is maintained. Traffic Controllers 23. All traffic controllers / marshals operating within the public road network holding appropriate certification required by the RTA Reason: To ensure safety. Marshalling Points 24. All roads and marshalling points are to be kept clean and tidy, with all directional signs to be removed immediately on completion of the activity Reason: To ensure safety. NOTE: This matter was adopted under Minute No 9861 – Development ApplicationsTo Be Adopted Without Discussion.

14.14

SUBJECT 7 Lomond Crescent, WINSTON HILLS (Lots 775 & 778 DP 235162) (Caroline Chisholm Ward) DESCRIPTION Installation of a mechanical ventilation unit, outdoor seating and extended hours of operation. (Location Map - Attachment 1) REFERENCE DA/720/2007 - Submitted: 3 September 2007 APPLICANT/S Pizza on Lomond OWNERS Mrs J Salisbury REPORT OF Development Assessment Officer

9874

RESOLVED (Worthington/Garrard) (a) That consideration of this matter be deferred pending a further report on:- (1) Why the objectors were not given timely notice of the DA coming to Council: the letter having been dated 08/05/08, posted on 09/05/08 and arriving in today's post; (2) Why it is not proposed to upgrade the filtration system, rather than an additional outlet being provided, as outlined in the report; (3) Why the 'No Stopping' provisions have not yet been implemented as agreed to by Council. (b) Further, that in the meantime, all objectors be supplied with a copy of DA Report No. 720/2007 and regular monitoring of the premises be carried out by the Compliance Section of Council and any breaches detected and action taken be reported on when the matter next comes to Counci.

14.15

SUBJECT 16 Dorahy Street, Dundas (Lot 2) (Lot 11 DP 867610) (Elizabeth Macarthur) DESCRIPTION Construction of a two storey dwelling on proposed lot 2 REFERENCE DA/1018/2007 - Submitted 23 November 2007 APPLICANT/S Defence Housing Authority OWNERS Defence Housing Authority REPORT OF Development and Certification Officer. Also Development and Certification Officer Memo dated 9/5/08. Also Manager Development Services Memo dated 6/5/08.

9875

RESOLVED (Chedid/Wilson) That the Items 15, 16 and 17 of Development Applications relating to Lots 2, 3 and 4 of 16 Dorahy Street, Dundas be deferred to the next Council Meeting (Regulatory) and in the meantime, a meeting be held between interested Councillors, 3 representatives of the local residents, the applicant and staff, such meeting to be held on Wednesday 21 May 2008 at 5.30 pm in the Council Chamber Building. NOTE: Items 15, 16 and 17 were brought forward to the beginning of the meeting and considered ‘en bloc’.

14.16

SUBJECT 16 Dorahy Street, Dundas (Lot 3) (Lot 11 DP 867610) (Elizabeth Macarthur Ward) DESCRIPTION Construction of a two storey dwelling on proposed lot 3. (Location Map - Attachment 2) REFERENCE DA/1014/2007 - Submitted 23 November 2007 APPLICANT/S Defence Housing Authority OWNERS Defence Housing Authority REPORT OF Manager Development Services. Also Development and Certification Officer Memo dated 9/5/08. Also Manager Development Services Memo dated 6/5/08.

9876

RESOLVED (Chedid/Wilson) That the Items 15, 16 and 17 of Development Applications relating to Lots 2, 3 and 4 of 16 Dorahy Street, Dundas be deferred to the next Council Meeting (Regulatory) and in the meantime, a meeting be held between interested Councillors, 3 representatives of the local residents, the applicant and staff, such meeting to be held on Wednesday 21 May 2008 at 5.30 pm in the Council Chamber Building. NOTE: Items 15, 16 and 17 were brought forward to the beginning of the meeting and considered ‘en bloc’.

14.17

SUBJECT 16 Dorahy Street, Dundas (Lot 4) (Lot 11 DP 867610) (Elizabeth Macarthur Ward) DESCRIPTION Construction of a two storey dwelling on proposed lot 4. (Location Map - Attachment 2) REFERENCE DA/1017/2007 - Submitted 23 November 2007 APPLICANT/S Defence Housing Authority OWNERS Defence Housing Authority REPORT OF Manager Development Services. Also Development and Certification Officer Memo dated 9/5/08. Also Manager Development Services Memo dated 6/5/08.

9877

RESOLVED (Chedid/Wilson) That the Items 15, 16 and 17 of Development Applications relating to Lots 2, 3 and 4 of 16 Dorahy Street, Dundas be deferred to the next Council Meeting (Regulatory) and in the meantime, a meeting be held between interested Councillors, 3 representatives of the local residents, the applicant and staff, such meeting to be held on Wednesday 21 May 2008 at 5.30 pm in the Council Chamber Building. NOTE: Items 15, 16 and 17 were brought forward to the beginning of the meeting and considered ‘en bloc’.

14.18

SUBJECT Lot 24, 16 Dorahy Street, DUNDAS (Lot 11 DP 867610) (Elizabeth Macarthur Ward) DESCRIPTION Construction of a two-storey Dual Occupancy dwelling with Torrens Title subdivision on proposed Lot 24. (Location Map - Attachment 3) REFERENCE DA/1110/2007 - Submitted 24 December 2007 APPLICANT/S Defence Housing Australia OWNERS Defence Housing Australia REPORT OF Development Assessment Officer. Also Manager Development Services Memo dated 6/5/08.

9878

RESOLVED (Chedid/Wearne) (a) That Council grant a deferred commencement consent to Development Application No. 1110/2007 subject to standard conditions. An operational consent will be issued once the subdivision subject of DA/993/2004 is registered by the Land and Property Information and evidence of this submitted to Council. (b) Further, that objectors be advised of this decision. NOTE: Items 18, 19 and 20 were brought forward to the beginning of the meeting and were considered ‘en bloc’.

14.19

SUBJECT Lot 25, 16 Dorahy Street, DUNDAS (Lot 11 DP 867610) (Elizabeth Macarthur Ward) DESCRIPTION Construction of a two-storey dual occupancy development with Torrens Title subdivision on proposed Lot 25. (Location Map - Attachment 3) REFERENCE DA/131/2008 - Submitted 28 February 2008 APPLICANT/S Defence Housing Australia OWNERS Defence Housing Australia REPORT OF Development Assessment Officer. Also Manager Development Services Memo dated 6/5/08.

9879

RESOLVED (Chedid/Wilson) (a) That Council grant a deferred commencement consent to Development Application No. 131/2008 subject to standard conditions. An operational consent will be issued once the subdivision subject of DA/993/2004 is registered by the Land and Property Information and evidence of this submitted to Council. (b) Further, that objectors be advised of Councils decision. NOTE: Items 18, 19 and 20 were brought forward to the beginning of the meeting and were considered ‘en bloc’.

14.20

SUBJECT 16 Dorahy Street, Dundas (Lot 26) (Lot 11 DP 867610) (Elizabeth Macarthur Ward) DESCRIPTION Construction of a two storey dwelling on proposed lot 26. Location Map - Attachment 2 REFERENCE DA/972/2007 - Submitted 9 November 2007 APPLICANT/S Defence Housing Authority OWNERS Defence Housing Authority REPORT OF Development and Certification Officer. Also Manager Development Services Memo dated 6/5/08.

9880

RESOLVED (Chedid/Wilson) (a) That Council grant a deferred commencement consent to Development Application No. 972/2007 subject to standard conditions. (b) Further, that objectors be advised of Councils decision. NOTE: Items 18, 19 and 20 were brought forward to the beginning of the meeting and were considered ‘en bloc’.

14.21	SUBJECT 253 Church Street, Parramatta (Lot B DP 380256) (Arthur Phillip Ward) DESCRIPTION Internal fitout and change of use to a convenience store. (Locality map - attachment 3) REFERENCE DA/211/2008 - Submitted 1 April 2008 APPLICANT/S Mr Ibrahim Hamdan OWNERS Syros Investments Pty Ltd REPORT OF Student Planner
	RECOMMENDATION That Council grant consent to Development Application No. 211/2008, subject to standard conditions. NOTE: This matter was adopted under Minute No 9861 – Development Applications To Be Adopted Without Discussion.

SUSPENSION OF STANDING ORDERS

9881 RESOLVED (Worthington/Finn)

That Standing Orders be suspended to enable consideration of an urgent motion relating to the hiring of Council’s legal advisors.

The Lord Mayor ruled that the matter was one of urgency due to the proximity of the Council’s budget.

01

SUBJECT Council's Legal Advisors FROM Councillor C E Worthington

9882

RESOLVED (Worthington/Finn) That the Acting General Manager bring forward a report by 19 June 2008, containing the following information, and it be emailed to all Councillors immediately upon completion viz;- 1 A copy of Council's Policy relating to the hiring of legal advisors; 2 Council's preferred list of Legal Advisors as per Council's Policy; 3 A complete list of all legal services, opinions and advice sought by Council over the past two years indicating:- 3.1 The name of the Council Officer who sought each legal opinion, service and advice; 3.2 The name of the legal firm employed for each opinion, service and advice sought; 3.3 The reason for which the legal service, opinion and advice was sought; 3.4 The cost of each legal opinion, service and advice sought; 3.5 The total cost of all legal opinions, service and advice sought; 3.6 The category of work carried out by each legal adviser; and 3.7 The name of the legal firm/s who providing advice on the brothels issue.

RESUMPTION OF STANDING ORDERS

9883 RESOLVED (Wearne/Brown)

That Standing Orders be resumed.

Notices of Motion

15.1

SUBJECT Length of Time for Validity of a Development Application REFERENCE F2005/01043 - D00923706 REPORT OF Councillor C E Worthington

9884

RESOLVED (Worthington/ Garrard) (a) That the Manager Development Services bring forward a detailed report to the Ordinary Meeting of Council to be held on 10th June 2008, relating to the following matter:- 1 The pros and cons of reducing from 5 years to 3 years, the length of a time a development application is valid. (b) Further, that a copy of the resolution of Council to increase the validity time for a development application from 3 to 5 years be provided to councillors. NOTE: Councillor L E Wearne left the meeting at 10.23 pm during consideration of this matter.

15.2

SUBJECT Consultants Employed by Council REFERENCE F2004/06760 - D00923714 REPORT OF Councillor C E Worthington

9885

RESOLVED (Worthington/Wilson) That the Group Manager Corporate Services bring forward a detailed report to the Ordinary Meeting of Council to be held on 10^th June 2008 or earlier, relating to the following matters:- 1 An itemised list of all Consultants employed by Council during the past two (2) years, excluding those employed to assist in the recruitment of staff. 2 The reason for which they were employed. 3 The total cost of each consultancy. 4 The time taken to complete each consultancy. NOTE: Councillor M K Walsh left the meeting at 10.33 pm during consideration of this matter (which was held after item 3 of Notices of Motion).

15.3

SUBJECT Recruitment of Council Staff through Consultants REFERENCE F2007/00395 - D00923719 REPORT OF Councillor C E Worthington

9886

RESOLVED (Worthington/ Wilson) That the Manager Human Resources and the Group Manager Corporate Services bring forward a detailed report to the Ordinary Meeting of Council to be held on 10^th June 2008 or earlier, relating to the following matters:- 1 An itemised list of all Consultants employed by Council to recruit staff during the past two (2) years. 2 The number of staff recruited in this time frame. 3 The recruitment for which the consultants were employed. 4 The cost of each consultancy, including a breakdown in the cost of advertising each position in the various newspapers. 5 The time taken to complete each recruitment. 6 Whether Council has a negotiated set corporate rate, and size of ads, for when it is recruiting staff. NOTE: 1 Councillor L E Wearne returned to the meeting at 10.28 pm during Item 3 of Notices of Motion (Item 2 of Notices of Motion was considered after Item 3). 2 Councillors D L Borger retired from the meeting and O Jamal left the meeting at 10.32 pm during consideration of this matter.

15.4

SUBJECT Congratulations to the Sydney Turf Club (STC) on the Golden Slipper REFERENCE F2005/01920 - D00923786 REPORT OF Councillor A A Wilson

9887

RESOLVED (Wilson/Chedid) That Parramatta City Council: 1 Congratulate the STC on the running of this year’s Golden Slipper; 2 Council congratulate the STC on the effectiveness of its promotion of the Golden Slipper; 3 Call for a report on Council's previous motion at the time of the equine flu focussed on the concrete actions taken by the Administrative officers regarding a joint promotion with the STC. NOTE: Councillors M K Walsh & O Jamal returned to the meeting at 10.38 pm during consideration of this matter.

The meeting terminated at 10.42 pm.

THIS PAGE AND THE PRECEDING 32 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON MONDAY, 12 MAY 2008 AND CONFIRMED ON TUESDAY, 10 JUNE 2008.

Lord Mayor