MINUTES OF THE Meeting of Parramatta City Council HELD IN THE Council Chambers, CIVIC PLACE, PARRAMATTA ON Tuesday, 10 June 2008 AT 6:50 pm

PRESENT

The Lord Mayor, Councillor P B Barber in the Chair and Councillors D L Borger MP (arrived 6.53 pm), A A Brown, J Chedid (arrived 6.54 pm), P Esber (Deputy Lord Mayor), J D Finn, P J Garrard, A Issa, OAM, O Jamal, C X Lim (retired 10.15 pm), 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 26 May 2008
9923	RESOLVED (Esber/Finn) That the minutes be taken as read and be accepted as a true record of the Meeting. NOTE: Councillors D L Borger (6.53 pm) and J Chedid (6.54 pm) arrived at the meeting during consideration of this matter.

APOLOGIES

9924 RESOLVED (Esber/Lim)

That an apology be received and accepted for the absence of Councillors B W Prudames and M K Walsh.

DECLARATIONS OF INTEREST

1 Councillor D L Borger declared an interest in relation to Item 13.6 of Development Applications regarding 126 Merrylands Road, Merrylands as the applicant had previously attended a fundraiser at which Councillor Borger had been in attendance.

2 Councillor A Issa, OAM declared a non pecuniary interest in relation to Item 13.9 of Development Applications regarding 40-44 Alice Street, Harris Park as Councillor Issa is a Parishioner of the Church.

3 Councillor J D Finn declared a non pecuniary interest in relation to Item 13.12 of development applications regarding the development application submitted in respect of Parramatta Stadium, as Councillor Finn is a member of the Parramatta Park Trust.

4 The Acting General Manager, Ms Sue Coleman declared a non pecuniary interest in relation to Item 12.14 of Domestic Applications regarding 4/5-9 Gibbons Street Oatlands, as Ms Coleman lives in proximity to the site.

MINUTES OF THE LORD MAYOR

01	SUBJECT Granville Town Centre Committee - Appointment of a Further Community/Resident Representative REFERENCE F2008/02637 - D00958823 MINUTE OF LORD MAYOR The Lord Mayor, Councillor P B Barber
9925	RESOLVED (Barber/Esber) (a) That Council appoint Ms Kerrie Poyner, Community/Resident Representative for a minimum 12 month period to the Granville Town Centre Committee. (b) Further, that when a review is undertaken of the Committee, the final number of community/resident/business representatives be also reviewed.

02

SUBJECT Memory of Eli Westlake REFERENCE F2006/00643 - D00958920 MINUTE OF LORD MAYOR The Lord Mayor Councillor P B Barber

9926

RESOLVED (Barber/Borger) (a) That Council honours the memory of Eli Westlake, a popular employee of Riverside Theatres, who died early last Saturday 7 June 2008 following a tragic car accident in St Leonards. He was 21. (b) Further, that the condolences of Council and the sadness felt by staff, and especially by those at the Riverside Theatres where Eli worked for nearly three years, be communicated to the Westlake family.

PUBLIC FORUM

01

SUBJECT 95 Kissing Point Road, Dundas REFERENCE DA/724/2004A FROM Mr Bruce Berry

9927

QUESTIONS By Mr Bruce Berry:- “Council has claimed that it has fully answered my questions on three multi unit and residential flat developments in my area, and it will provide no further assistance. It has reported me to the Ombudsman. The Ombudsman has said that he is unable to take a “determinative role” in the settling of disputes and that he also has limited resources. However, he accepts that every complaint is important and that I believe that I am raising them in the public interest. He has told me that the issues are “best dealt with or clarified between you and Council”. This, of course, would require the “further assistance” from Council that has been denied to me. If Council is prepared to supply these clarifications, I have some questions relating mainly to public safety and loss of public amenity. It will be necessary for me to raise other issues at following public forums. 1. What are the changes that Council claims it has implemented to correct what it calls “oversights” that it made as Principal Certifying Authority at 95 Kissing Pt Rd Dundas? It issued two Construction certificates before it had received essential documents eg the Construction Management Program which covers such things as method of informing neighbours of construction stages, method of safeguarding excavations adjoining private property and Council land, details for safety hoardings to protect the public, locations of construction zones. No work was to begin until these details were provided. Council did not ask the developer for the details until construction was almost completed. Do the implemented changes ensure that in future, all prescribed amendments to plans will be provided before issue of Construction Certificates, which appears not to have been the case at 95 Kissing Pt Rd? 2. How does Council explain the following? (a) When I asked if approval had been granted for the complete closure for a fortnight of a popular public walkway that adjoins the worksite, I was told by two Council officers, in writing, that a permit had been issued. I applied for a copy of it. It was not provided to me. The Records section said it had not been applied for or issued. (b) Council now claims that approval for closure of public thoroughfares is required only if it is proposed to use them for hoardings. Does this mean that at other times, these public amenities can be closed by builders without approval for as long and often as they like? (c) On its own admission, Council did not request an application for a safety hoarding over the walkway until I lodged a complaint. It incorrectly says I complained that the site safety fence had been placed on council land. The truth is that I complained only that the walkway had been completely blocked off at each end and asked if approval had been granted. By diverting this into a hoardings issue, Council has raised more serious matters. (d) Approvals of safety hoardings last for only a month. Council did not approve the hoarding until two days before expiry. At no stage did I see a safety hoarding in the laneway and I do not know of anyone who did. I claim that the dangerous work had been done before Council required the hoarding. It involved the laying of bricks in two walls, two storeys high and approx one metre from the walkway. Did Council issue a penalty to the builder for failing to apply for the hoarding? If not, why not? No work of any kind was to commence on the site until approval for the hoarding had been obtained. It included demolition. Council authorised construction to begin on 1 November 2006. It was not until 19 November 2007 that it approved the hoarding. Hoarding details are required, not just in the Construction Management Program, which Council ignored, admittedly by “oversight”, but also in Condition 43, which requires the details before work commencing in order to “provide safety adjacent to work sites”. Does Council agree that the oversights go beyond those it has acknowledged, and they have placed the public as risk? If not, why not? 3. Why have I been told by a Council officer that there is no requirement for construction zone approval, ie, from the roadway or footpath in Kissing Pt Rd, when Condition 21 says:- “any use of the footpath or road reserve for construction purposes requires Council approval under the Roads Act 1993”? How can the same officer say that the builder can carry out these construction activities if parked legally, when parking is illegal at all times in Kissing Pt Rd, and parking on footpaths is not allowed anywhere? I asked Council what action it took on the photos I sent in, showing construction activities from the footpath and working on the public holiday, I have received no response after about a year. I sent in a photo of muddy water from the worksite flowing freely across the playground and assembly area of Dundas Public School, with complete absence of sediment controls. I believe Council issued a warning. Construction work also caused so much damage to the schools very large trees that they were declared dangerous by the arborist and had to be removed. They were a danger for 9 months before removal. Council said that because Sydney Water had authorised the work, and because the trees, being coral trees, were not protected under Tree Policy, Condition 59, which outlines the correct proceedings for excavating under these specific trees, including supervision by the arborist and presentation of a report, does not apply. Council did not obtain a copy of the arborist report until I asked for one. It was not until then that it was found that the trees were dangerous. By then, the report was at least a month overdue. Why did Council obtain a copy of the report if Condition 59 does not apply? How does Council support its claim that my questions have been fully answered?” RESPONSE By The Lord Mayor, Councillor P B Barber:- “Thank you Mr Berry for your statements and questions relating to this matter. I note that the issues and questions that you have raised tonight have also been raised in an extensive letter which Council received from you on 22 May 2008 relating to this site and numerous other sites in Rydalmere. Council Officers are currently in the process of preparing a comprehensive response to your letter received on 22 May and accordingly a response will not be provided to these matters tonight.”

02

SUBJECT 16 Dorahy Street, Dundas REFERENCE DA/ FROM Mr John Mothersole

STATEMENT By Mr John Mothersole:- “I am John Mothersole. I have lived at 32 Paul Street, Dundas since 1978. Our property is at the rear of Lots 6 & 7 of the Dorahy Street development. Tonight I not only speak for myself but on the behalf of all Paul Street residents who back onto Lot Nos 2 to 14. Over the last couple of Council Meetings, the Councillors have heard of the major problems which would result from the proposed design. The design comprises bulky two storey houses which sit on a building platform which is generally at the level of the tops of the Paul Street fences which equates to three storey dwellings. The impact of the building and height of the proposed houses is horrendous, particularly to have neighbours walking in the rear yard above our fence levels. The extreme height of the dwelling results from an approved Section 96 Application which raised the platform levels up to 1.20 metres. The developer has admitted this resulted from an error in the design regarding driveway gradients. At a recent meeting over Lots 2, 3 and 4 the developer admitted that the dwellings could be lowered to achieve less height, but this would result in additional retaining walls which was not cost effective. The residents of Paul Street supported the original development at the lower level, together with a promise that all dual occupancies would be located on the upper tier of houses which would not impact on Paul Street. To summarise, the developer raised the levels to correct a design fault but did not take into account the effect on the Paul Street neighbours. Because of minimising his costs, the Paul Street residents are the ones to suffer for as long as they remain living in Paul Street. We understand the local planning guidelines require the new developments to be in keeping with the existing neighbourhood. The current Dorahy Street development is in no way harmonious with a currently great neighbourhood. Many of the Councillors present have visited the site and without exception have been shocked by the impact the new development adjoining Paul Street will have on its Paul Street neighbours. On behalf of the Paul Street Residents, I implore our Councillors to reject this poorly designed development in its current form.”

PETITIONS

01	SUBJECT Residents of Wyuna Place, Oatlands – Objection to Development Proposal. REFERENCE DA/634/2007 FROM D Coutts and others TABLED BY Councillor J Chedid
9928	RESOLVED (Chedid/Jamal) That the petition be received and considered in conjunction with Item No 13.10 of Development Applications (Minute No 9954 refers).

02

SUBJECT Deferral of Future Development Applications submitted by Department of Housing REFERENCE FROM J Dasovski and others TABLED BY Councillor P J Garrard

9929

MOTION (Garrard/Wilson) (a) That the petition be received and noted. (b) That the petitioners be advised that their request has been before Council on 2 previous occasions and not supported. (c) That the petition be considered in conjunction with future development matters for South Granville. (d) That the petitioners be advised the Department of Housing is treated like any other applicant that has a development application before Council. (e) Further, that if any community member or resident has any advice of corrupt activity, they should advise the Independent Commission Against Corruption of such information. AMENDMENT (Borger/Esber) (a) That the petition be received and noted. (b) That the petitioners be advised the Department of Housing is treated like any other applicant that has a development application before Council. (c) Further, that if any community member or resident has any advice of corrupt activity, they should advise the Independent Commission Against Corruption of such information. The amendment was put and lost on the Lord Mayor’s casting vote. The motion was put and carried. NOTE: Councillor A A Brown left the meeting at 7.22 pm during consideration of this matter.

City Leadership and Management

7.1

SUBJECT Loan Borrowing. REFERENCE F2004/05857 - D00950265 REPORT OF Manager - Finance

9930

MOTION (Wearne/Finn) (a) That Council receive and note the Manager Finance’s Report. (b) That Council borrow an amount of $2,798,000 in accordance with the adopted Management Plan 2007/08 – 2010/11. (c) That the Lord Mayor and General Manager be given delegated authority to determine and accept the most financially advantageous loan offer received following the obtaining of appropriate quotations from lending institutions with those quotations, such loan to have the ability to allow the retirement of the debt at the expiry of the 2 year period. (d) That the Lord Mayor and General Manager be given delegated authority to complete all necessary loan documents and that the Common Seal be applied if required to those documents. (e) Further, that Councillors be advised of the terms of the loan once the loan funds have been drawn down. AMENDMENT (Issa/Wilson) That consideration of this matter be deferred pending the commencement of the new General Manager. PROCEDURAL MOTION (Esber) The question be put. The procedural motion was put and carried. The amendment was put and lost. The motion was put and carried. NOTE: Councillors C X Lim & A A Wilson requested that their names be recorded as having voted against this decision.

02

SUBJECT Consultants Employed by Council REFERENCE F2004/06760 - D00950252 REPORT OF Group Manager Corporate Services. Also Group Manager Corporate Services Memorandum dated 6 June 2008. Also Financial Management Team email dated 10 June 2008.

9931

RESOLVED (Esber/Borger) (a) That consideration of this matter be deferred and in that time, Councillors be supplied with the grand totals for each area (ie Capital Projects and Services Expenditure) together with the report previously requested in relation to legal advice. (b) Further, that this matter be referred to the Audit Committee for its consideration and comment prior to the matter being again considered by Council. NOTE: Councillor A A Brown returned to the meeting at 8.13 pm during consideration of this matter.

Regulatory Reports

8.1

SUBJECT Length of Time for the Validity of a Development Application REFERENCE F2005/01043 - D00950328 REPORT OF Manager Development Services

9932

MOTION (Worthington/Lim) That Council reduce its current practice of issuing development consents that lapse 5 years after the date in which it operates to 3 years. AMENDMENT (Issa/Wilson) That Council maintain its current practice of issuing development consents that lapse 5 years after the date in which it operates as prescribed in section 95(1) of the Environmental Planning and Assessment Act 1979. The amendment was put and lost. The motion was put and carried.

ADJOURNMENT OF MEETING

In accordance with Council's decision of 23 October 2000 (Minute No 5712) the meeting adjourned at 8.39 pm for a period of 17 minutes.

RESUMPTION OF MEETING

The meeting resumed in the Council Chamber at 8.56 pm, there being in attendance The Lord Mayor, Councillor P B Barber and Councillors D L Borger, A A Brown, J Chedid, P Esber, J D Finn, P J Garrard, A Issa OAM, O Jamal, C X Lim, L E Wearne, A A Wilson and C E Worthington.

DEVELOPMENT APPLICATIONS TO BE ADOPTED WITHOUT DISCUSSION

9933 RESOLVED (Esber/Worthington)

That Item No 1 of Domestic Applications and Item Nos 2, 4 and 8 Development Applications as listed on the Agenda for the Council Meeting held on 10 June 2008 be adopted in accordance with the Officer’s recommendations.

DEVELOPMENT APPLICATIONS TO BE BROUGHT FORWARD

That due to the attendance of interested persons in the public gallery, Item Nos 3 to 11 of Domestic and 3, 9, 10 and 11 of Development Applications were brought forward by the Chairperson and considered at this point in the meeting in that order.

Domestic Applications

12.1

SUBJECT 325 Church Street, PARRAMATTA NSW 2150. (LOT 1 DP 784451) (Arthur Phillip Ward) DESCRIPTION To fit out and use the existing premises as a Cafe/ Restaurant, and installation of a non-illuminated under awning sign. (Location Map - Attachment 2) REFERENCE DA/17/2008 - Submitted 9 January 2008 APPLICANT/S Design Cubicle Pty Ltd OWNERS Appwam Pty Ltd REPORT OF Manager Development Services

RECOMMENDATION That Council grant consent to Development Application No.17/2008 subject to standard conditions and the following extraordinary conditions. 1. Hours of operation are limited to 8am to 10.30pm Sunday, Monday, Tuesday, Wednesday, and 8am to 12am Thursday, Friday, Saturday. Reason: To protect the amenity of the area. 2. No entertainment is permitted on the premises which would render the premises a Place of Public Entertainment (POPE), and for which separate development consent is required by Council and is not conferred under the approval of DA/17/2008. Reason: To protect the amenity of the area. 3. The supply and/or sale of alcohol is prohibited on the premises prior to separate consent being obtained from the Liquor Administration Board (LAB). Reason: To protect the amenity of the area. NOTE: This matter was adopted under Minute No 9933 – Development Applications To Be Adopted Without Discussion.

12.2	SUBJECT 19 Garland Avenue, EPPING NSW 2121. (Lot C DP 378599) (Lachlan Macquarie Ward) DESCRIPTION Demolition of the existing dwelling including ancillary structures, and the construction of a new dwelling. (Location Map - Attachment 1) REFERENCE DA/739/2007 - 10 September 2007 APPLICANT/S Mr S P Ng OWNERS Mr S P Ng REPORT OF Manager Development Services
9934	RESOLVED (Borger/Finn) (a) That Council grant consent to Development Application No.739/2007 subject to standard conditions (b) Further, that the objectors be advised of Council’s decision

12.3

SUBJECT 16 Dorahy Street, Dundas (Proposed Lot 2) (Lot 11 DP 867610) (Elizabeth Macarthur Ward) DESCRIPTION Construction of a two storey dwelling on proposed lot 2. (Location Map - Attachment 2) REFERENCE DA/1018/2007 - Submitted 23 November 2007 APPLICANT/S Defence Housing Authority OWNERS Defence Housing Authority REPORT OF

9935

RESOLVED (Borger/Chedid) That the applications submitted in relation to Items 3 to 11 of Domestic applications relating to lots 2, 3, 4, 5, 6, 7, 8, 9 and 14 be refused for the following reasons:- 1 The development as a result of its height, scale, bulk and the unusually steep topography of the site and its close proximity to dwellings along Paul Street has an unacceptable impact on Paul Street properties. 2 The proposal will create considerable and unacceptable privacy impacts for the inhabitants of Paul Street properties, particularly in regard to the backyard and rear rooms of those houses. 3 The privacy impacts, overlooking and overshadowing of dwellings in Paul Street arising from the proposed building design is unacceptable. 4 The additional and proposed fill to be introduced to the site is excessive in view of the RL’s of the site compared to the RL’s of the adjoining properties in Paul Street. 5 The building designs are not appropriate for a site with varied site RL’s and does not comply with the DCP requirements of development that suits the surrounding area. 6 The building designs result in what appears to be 3 storey development and does not comply with the DCP. 7 The bulk and scale is not acceptable or in keeping with the surrounding area. 8 Approval is not in the public interest.

12.4

SUBJECT 16 Dorahy Street, Dundas (Proposed 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

9936

RESOLVED (Borger/Chedid) That the applications submitted in relation to Items 3 to 11 of Domestic applications relating to lots 2, 3, 4, 5, 6, 7, 8, 9 and 14 be refused for the following reasons:- 1 The development as a result of its height, scale, bulk and the unusually steep topography of the site and its close proximity to dwellings along Paul Street has an unacceptable impact on Paul Street properties. 2 The proposal will create considerable and unacceptable privacy impacts for the inhabitants of Paul Street properties, particularly in regard to the backyard and rear rooms of those houses. 3 The privacy impacts, overlooking and overshadowing of dwellings in Paul Street arising from the proposed building design is unacceptable. 4 The additional and proposed fill to be introduced to the site is excessive in view of the RL’s of the site compared to the RL’s of the adjoining properties in Paul Street. 5 The building designs are not appropriate for a site with varied site RL’s and does not comply with the DCP requirements of development that suits the surrounding area. 6 The building designs result in what appears to be 3 storey development and does not comply with the DCP. 7 The bulk and scale is not acceptable or in keeping with the surrounding area. 8 Approval is not in the public interest.

12.5

SUBJECT 16 Dorahy Street, Dundas (Proposed 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 Defence Housing Authority REPORT OF Manager Development Services

9937

RESOLVED (Borger/Chedid) That the applications submitted in relation to Items 3 to 11 of Domestic applications relating to lots 2, 3, 4, 5, 6, 7, 8, 9 and 14 be refused for the following reasons:- 1 The development as a result of its height, scale, bulk and the unusually steep topography of the site and its close proximity to dwellings along Paul Street has an unacceptable impact on Paul Street properties. 2 The proposal will create considerable and unacceptable privacy impacts for the inhabitants of Paul Street properties, particularly in regard to the backyard and rear rooms of those houses. 3 The privacy impacts, overlooking and overshadowing of dwellings in Paul Street arising from the proposed building design is unacceptable. 4 The additional and proposed fill to be introduced to the site is excessive in view of the RL’s of the site compared to the RL’s of the adjoining properties in Paul Street. 5 The building designs are not appropriate for a site with varied site RL’s and does not comply with the DCP requirements of development that suits the surrounding area. 6 The building designs result in what appears to be 3 storey development and does not comply with the DCP. 7 The bulk and scale is not acceptable or in keeping with the surrounding area. 8 Approval is not in the public interest.

12.6

SUBJECT 16 Dorahy Street, Dundas (Lot 5). (Lot 11 DP 867610) (Elizabeth Macarthur Ward) DESCRIPTION Construction of a two storey dwelling on proposed lot 5. (Location Map - Attachment 2) REFERENCE DA/1015/2007 - Submitted 23 November 2007 APPLICANT/S Defence Housing Authority OWNERS Defence Housing Authority REPORT OF Manager Development Services

9938

RESOLVED (Borger/Chedid) That the applications submitted in relation to Items 3 to 11 of Domestic applications relating to lots 2, 3, 4, 5, 6, 7, 8, 9 and 14 be refused for the following reasons:- 1 The development as a result of its height, scale, bulk and the unusually steep topography of the site and its close proximity to dwellings along Paul Street has an unacceptable impact on Paul Street properties. 2 The proposal will create considerable and unacceptable privacy impacts for the inhabitants of Paul Street properties, particularly in regard to the backyard and rear rooms of those houses. 3 The privacy impacts, overlooking and overshadowing of dwellings in Paul Street arising from the proposed building design is unacceptable. 4 The additional and proposed fill to be introduced to the site is excessive in view of the RL’s of the site compared to the RL’s of the adjoining properties in Paul Street. 5 The building designs are not appropriate for a site with varied site RL’s and does not comply with the DCP requirements of development that suits the surrounding area. 6 The building designs result in what appears to be 3 storey development and does not comply with the DCP. 7 The bulk and scale is not acceptable or in keeping with the surrounding area. 8 Approval is not in the public interest.

12.7

SUBJECT 16 Dorahy Street, Dundas (Lot 6) (Lot 11 DP 867610) (Elizabeth Macarthur Ward) DESCRIPTION Construction of a two storey dwelling on proposed lot 6. (Location Map - Attachment 2) REFERENCE DA/1016/2007 - Submitted 23 November 2007 APPLICANT/S Defence Housing Authority OWNERS Defence Housing Authority REPORT OF Manager Development Services

9939

RESOLVED (Borger/Chedid) That the applications submitted in relation to Items 3 to 11 of Domestic applications relating to lots 2, 3, 4, 5, 6, 7, 8, 9 and 14 be refused for the following reasons:- 1 The development as a result of its height, scale, bulk and the unusually steep topography of the site and its close proximity to dwellings along Paul Street has an unacceptable impact on Paul Street properties. 2 The proposal will create considerable and unacceptable privacy impacts for the inhabitants of Paul Street properties, particularly in regard to the backyard and rear rooms of those houses. 3 The privacy impacts, overlooking and overshadowing of dwellings in Paul Street arising from the proposed building design is unacceptable. 4 The additional and proposed fill to be introduced to the site is excessive in view of the RL’s of the site compared to the RL’s of the adjoining properties in Paul Street. 5 The building designs are not appropriate for a site with varied site RL’s and does not comply with the DCP requirements of development that suits the surrounding area. 6 The building designs result in what appears to be 3 storey development and does not comply with the DCP. 7 The bulk and scale is not acceptable or in keeping with the surrounding area. 8 Approval is not in the public interest.

12.8

SUBJECT 16 Dorahy Street, Dundas (Lot 7) (Lot 11 DP 867610) (Elizabeth Macarthur Ward) DESCRIPTION Construction of a two storey dwelling on proposed lot 7. (Location Map - Attachment 2) REFERENCE DA/10/2008 - Submitted 8 January 2008 APPLICANT/S Defence Housing Authority OWNERS Defence Housing Authority REPORT OF Manager Development Services

9940

RESOLVED (Borger/Chedid) That the applications submitted in relation to Items 3 to 11 of Domestic applications relating to lots 2, 3, 4, 5, 6, 7, 8, 9 and 14 be refused for the following reasons:- 1 The development as a result of its height, scale, bulk and the unusually steep topography of the site and its close proximity to dwellings along Paul Street has an unacceptable impact on Paul Street properties. 2 The proposal will create considerable and unacceptable privacy impacts for the inhabitants of Paul Street properties, particularly in regard to the backyard and rear rooms of those houses. 3 The privacy impacts, overlooking and overshadowing of dwellings in Paul Street arising from the proposed building design is unacceptable. 4 The additional and proposed fill to be introduced to the site is excessive in view of the RL’s of the site compared to the RL’s of the adjoining properties in Paul Street. 5 The building designs are not appropriate for a site with varied site RL’s and does not comply with the DCP requirements of development that suits the surrounding area. 6 The building designs result in what appears to be 3 storey development and does not comply with the DCP. 7 The bulk and scale is not acceptable or in keeping with the surrounding area. 8 Approval is not in the public interest.

12.9

SUBJECT 16 Dorahy Street, Dundas (Lot 8) (Lot 11 DP 867610) (Elizabeth Macarthur Ward) DESCRIPTION Construction of a two storey dwelling on proposed lot 8. (Location Map - Attachment 2) REFERENCE DA/12/2008 - Submitted 8 January 2008 APPLICANT/S Defence Housing Authority OWNERS Defence Housing Authority REPORT OF Manager Development Services

9941

RESOLVED (Borger/Chedid) That the applications submitted in relation to Items 3 to 11 of Domestic applications relating to lots 2, 3, 4, 5, 6, 7, 8, 9 and 14 be refused for the following reasons:- 1 The development as a result of its height, scale, bulk and the unusually steep topography of the site and its close proximity to dwellings along Paul Street has an unacceptable impact on Paul Street properties. 2 The proposal will create considerable and unacceptable privacy impacts for the inhabitants of Paul Street properties, particularly in regard to the backyard and rear rooms of those houses. 3 The privacy impacts, overlooking and overshadowing of dwellings in Paul Street arising from the proposed building design is unacceptable. 4 The additional and proposed fill to be introduced to the site is excessive in view of the RL’s of the site compared to the RL’s of the adjoining properties in Paul Street. 5 The building designs are not appropriate for a site with varied site RL’s and does not comply with the DCP requirements of development that suits the surrounding area. 6 The building designs result in what appears to be 3 storey development and does not comply with the DCP. 7 The bulk and scale is not acceptable or in keeping with the surrounding area. 8 Approval is not in the public interest.

12.10

SUBJECT 16 Dorahy Street, Dundas (Lot 9) (Lot 11 DP 867610) (Elizabeth Macarthur Ward) DESCRIPTION Construction of a two storey dwelling on proposed lot 9. REFERENCE DA/11/2008 - Submitted 8 January 2008 APPLICANT/S Defence Housing Authority OWNERS Defence Housing Authority REPORT OF Manager Development Services

9942

RESOLVED (Borger/Chedid) That the applications submitted in relation to Items 3 to 11 of Domestic applications relating to lots 2, 3, 4, 5, 6, 7, 8, 9 and 14 be refused for the following reasons:- 1 The development as a result of its height, scale, bulk and the unusually steep topography of the site and its close proximity to dwellings along Paul Street has an unacceptable impact on Paul Street properties. 2 The proposal will create considerable and unacceptable privacy impacts for the inhabitants of Paul Street properties, particularly in regard to the backyard and rear rooms of those houses. 3 The privacy impacts, overlooking and overshadowing of dwellings in Paul Street arising from the proposed building design is unacceptable. 4 The additional and proposed fill to be introduced to the site is excessive in view of the RL’s of the site compared to the RL’s of the adjoining properties in Paul Street. 5 The building designs are not appropriate for a site with varied site RL’s and does not comply with the DCP requirements of development that suits the surrounding area. 6 The building designs result in what appears to be 3 storey development and does not comply with the DCP. 7 The bulk and scale is not acceptable or in keeping with the surrounding area. 8 Approval is not in the public interest.

12.11

SUBJECT 16 Dorahy Street, Dundas (Lot 14). (Lot 11 DP 867610) (Elizabeth Macarthur Ward) DESCRIPTION Construction of a two storey dwelling on proposed lot 14. (Location Map - Attachment 2) REFERENCE DA/971/2007 - Submitted 9 November 2007 APPLICANT/S Defence Housing Authority OWNERS Defence Housing Authority REPORT OF Manager Development Services

9943

RESOLVED (Borger/Chedid) That the applications submitted in relation to Items 3 to 11 of Domestic applications relating to lots 2, 3, 4, 5, 6, 7, 8, 9 and 14 be refused for the following reasons:- 1 The development as a result of its height, scale, bulk and the unusually steep topography of the site and its close proximity to dwellings along Paul Street has an unacceptable impact on Paul Street properties. 2 The proposal will create considerable and unacceptable privacy impacts for the inhabitants of Paul Street properties, particularly in regard to the backyard and rear rooms of those houses. 3 The privacy impacts, overlooking and overshadowing of dwellings in Paul Street arising from the proposed building design is unacceptable. 4 The additional and proposed fill to be introduced to the site is excessive in view of the RL’s of the site compared to the RL’s of the adjoining properties in Paul Street. 5 The building designs are not appropriate for a site with varied site RL’s and does not comply with the DCP requirements of development that suits the surrounding area. 6 The building designs result in what appears to be 3 storey development and does not comply with the DCP. 7 The bulk and scale is not acceptable or in keeping with the surrounding area. 8 Approval is not in the public interest.

12.12	SUBJECT 16 Dorahy Street, Dundas (Lot 23). (Lot 11 DP 867610) (Elizabeth Macarthur Ward) DESCRIPTION Construction of a two storey dual occupancy with torrens title subdivision on proposed lot 23. (Location Map - Attachment 2) REFERENCE DA/1021/2007 - Submitted 23 November 2007 APPLICANT/S Defence Housing Authority OWNERS Defence Housing Authority REPORT OF Manager Development Services
9944	RESOLVED (Chedid/Wearne) (a) That Council grant a deferred commencement consent to Development Application No. 1021/2007 subject to standard conditions. An operational consent will be issued once the subdivision approved under DA/993/2004 is registered by the Land and Property Information and evidence of this is submitted to Council. (b) Further, that objectors be advised of Council’s decision.

12.13	SUBJECT 16 Dorahy Street, Dundas (Lot 27). (Lot 11 DP 867610) (Elizabeth Macarthur Ward) DESCRIPTION Construction of a two storey dwelling on proposed lot 27. (Location Map - Attachment 2) REFERENCE DA/1111/2007 - Submitted APPLICANT/S Defence Housing Authority OWNERS Defence Housing Authority REPORT OF Manager Development Services
9945	RESOLVED (Chedid/Wearne) (a) That Council grant a deferred commencement consent to Development Application No. 1111/2007 subject to standard conditions. An operational consent will be issued once the subdivision approved under DA/993/2004 is registered by the Land and Property Information and evidence of this is submitted to Council. (b) Further, that objectors be advised of Councils decision.

12.14

SUBJECT 4/5-9 Gibbons Street Oatlands. (Lot 1 DP 633434) (Elizabeth Macarthur Ward) DESCRIPTION Change of use to a dance studio and school. (Location Map - Attachment 2) REFERENCE DA/545/2007 - submitted 18 July 2007 APPLICANT/S Carlingford School of Dance OWNERS Mr P K & Mr S K Mak REPORT OF Manager Development Services

9946

RESOLVED (Esber/Finn) (a) That Council grant consent to Development Application No. 545/2007 subject to standard conditions and the following extraordinary condition. 1. The applicant is to ensure that the dance studio/school is to operate within the specified times and dates from Tuesday 4 pm to 7:15 pm, Wednesday 3:45 pm to 9:15 pm, Wednesday 3:45 pm to 9:15 pm Thursday 4:00 pm to 7:15 pm and Friday 4:15 pm to 7:15 pm. Reason: To ensure there is no nuisance to adjoining residents. (b) Further, that the objectors be advised of Council’s decision. NOTE: The Acting General Manager, Ms Sue Coleman had previously declared a non pecuniary interest in relation to this item as Ms Coleman lives in proximity to the development and temporarily left the Chamber during consideration of this matter.

12.15

SUBJECT 122 The Trongate Granville (crn Charles Streets) (Lots 5A & 6A DP 159581) (Woodville Ward) DESCRIPTION Alterations and additions to the existing dwelling comprising 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 Manager Development Services. Also undated correspondence from Ms Khoury.

9947

RESOLVED (Esber/Brown) (a) That Council grant consent to Development Application No.603/2007 subject to standard conditions and the following extraordinary conditions: 1 The main bedroom located on the upper level of the dwelling is not to be used as a separate dwelling as defined in Parramatta Local Environment Plan 2001. In this regard the sink located in the bedroom is to be removed, as indicated in red on the approved plans. Reason: To ensure the room is not used as a separate dwelling. 2 The 2 new first floor bathroom windows located along the southern elevation of the dwelling are to be frosted/opaque glass. Details are to be submitted to the satisfaction of the nominated PCA prior to release of the Construction Certificate. Reason: To protect the amenity of the area. 3 The external sliding door facing Charles Street which provided access to the hairdressers shop is not approved. Amended plans showing the removal of the door are to be prepared prior to the issuing of a Construction Certificate. Reason: To ensure that the use of the existing shop complies with previous development consents and protects the amenity of the area. (b) Further, that the objectors be advised of Council’s decision.

Development Applications

13.1

SUBJECT 2B Fleet Street, North Parramatta. (Arthur Phillip Ward) DESCRIPTION Further report - Development Application No. 713/2007 that seeks approval for the demolition of a two storey hostel (hospital) and construction of a three storey hostel in two separate buildings. REFERENCE DA/713/2007 - Submitted 6 September 2007 APPLICANT/S Resitech (Department of Housing) OWNERS NSW Land & Housing Corporation REPORT OF Manager Development Services

9948

RESOLVED (Finn/Esber) (a) That subject to the consent of the Department of Housing or the Minister and in accordance with Part 116C of the Environmental Planning & Assessment Act 1979, the application be approved subject to standard, and the following extraordinary, conditions: 1. Cameras (CCTV) are to be installed allowing a view of all entry and exit points from both buildings and the carparking area. The cameras are to monitor activities 24 hours per day and digital technology shall be utilised. The control area shall be strategically placed within the building in order to maximise surveillance opportunities. It is the applicant’s responsibility to ensure that the Surveillance and Privacy Act are adhered to. Reason: For safety purposes and crime detection. 2. Security access or swipe cards are to be used for all secure areas within the premises. Reason: For the safety of staff. 3. A monitored intruder alarm system shall be installed upon the premises and shall be designed to the Australian Standard (Domestic & Commercial Alarm Systems). Movement detection devices (with lights) shall be strategically located around the premises. Reason: To enhance safety. 4. Materials used for external areas, including seats and amenities, shall be constructed of materials which are not easily susceptible to accidental damage or vandalism. Reason: To improve the amenity of the site. 5. Windows and frames shall be of solid construction, with windows fitted with a key operated lock set to restrict unauthorised access. Glass shall be reinforced by applying shatter-resistant film or installing laminated glass. Reason: For security purposes. 6. All lighting on the site shall be designed to ensure no adverse impact on the amenity of the surrounding residential area by light overspill. Lighting shall comply with Australian Standard 4282-1997: Control of the Intrusive Effects of Outdoor Lighting. Reason: To protect the amenity of surrounding residents. 7. The design of the facility must permit effective, appropriate, safe and dignified use by all people, including those with disabilities and must be in accordance with: - NSW Health Facility Guidelines, in particular Part B – Design for Access, Mobility, OH&S and Security. DDS32 Improved Access for Health Care Facilities. AS1428 The Building Code of Australia Commonwealth Disability Discrimination Act 1992 - NSW Anti-Discrimination Act 1977 Reason: To ensure equity. 8. An operational management plan in one complete document shall be prepared prior to the use commencing and submitted to Council to form part of this consent, addressing such matters as: - minimisation of anti-social behaviour - visitor and staff safety - site security - noise management - lighting - procedures when the premises is fully occupied - fire safety Reason: To promote the safety for residents, visitors and staff. 9. At any time, the hostel is limited to a maximum of 48 adults (some flexibility should be provided for accompanied children) for accommodation purposes. Reason: To comply with the terms of this consent. 10. A notice is to be permanently affixed in a public location that is readable from a public footpath, specifying a contact telephone number of the manager/ supervisor on duty. Reason: To advise the public of an appropriate contact number in the event of an incident. 11. The existing footpath adjacent to the site in Fleet Street shall be extended to the gap in the stone wall in Fleet Street at no cost to Council, but in accordance with Council’s specifications. No structures are to be erected on the land between the site’s western boundary and the heritage-listed stone wall, nor between the northern boundary and the same wall in Albert Street without the prior approval of Council and owner’s consent being obtained. Reason: To improve pedestrian access. 12. The BBQ area and courtyard located adjacent to the southern boundary of the site shall be limited in use to daylight hours only and no earlier than 7.00am. Reason: In order to avoid impact on the amenity of adjoining residents. 13. Heavy vehicles using the service driveway shall be restricted to the hours of 7.00am to 5.00pm, Mondays to Fridays and 8.00am to 1.00pm Saturdays. Reason: In order to avoid impact on the amenity of adjoining residents. 14. The service driveway shall have a lockable gate in order to restrict access to this area to staff and contractors only. Details to be submitted to Council prior to work commencing. Reason: For safety and to avoid adverse impacts on adjoining residents. (b) Further, that the objectors be advised of Council’s decision.

13.2

SUBJECT 76-78 Macquarie Street and 25 Smith Street, PARRAMATTA. (Lot 1 DP 128445 Lot 2 232067 Pt Lot 3 DP 558386 Pt Lot 1 DP 232067 Lot 1 DP 1098507) (Arthur Philip Ward)

DESCRIPTION Section 96 (AA) modification of DA/688/2005 for the construction of an 9-storey commercial development. Modifications include the removal of two outward-opening doors onto the terrace located on Level 2 and the installation of a new external folding door on Level 2. (Location Map - Attachment 2)

REFERENCE DA/688/2005/C - Submitted: 8 April 2008

APPLICANT/S Paragon Project Management

OWNERS Smith Street Pty Ltd

REPORT OF Manager Development Services

RECOMMENDATION

That Council grant consent to modify Development Consent No. 688/2005 dated 2 February 2006 in the following manner:

1. Condition No.1 is modified to read 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	Dated
A950 (Revision A). South Facing Elevation Level 2 - Facade	February 2008
SK02 (Revision D). Sketch Plan Level 2	October 2007

No construction works (including excavation) shall be undertaken prior to the release of the Construction Certificate.

Note: Further information on Construction Certificates can be obtained by contacting Customer Service on 9806 5602.

Reason: To ensure the work is carried out in accordance with the approved plans.

NOTE: This matter was adopted under Minute No 9933 – Development Applications To Be Adopted Without Discussion.

13.3

SUBJECT 12 Milton Avenue, Eastwood. (Lot 79 DP 7004) (Lachlan Macquarie Ward) DESCRIPTION A Section 82A Review of Determination to review the determination (refusal) of DA/202/2006 for demolition, tree removal, construction of a two storey dual occupancy with Torrens Title subdivision. (Location Map - Attachment 3) REFERENCE DA/202/2006 - 20 March 2006 APPLICANT/S Mr K C Lam and Ms W Y Ko OWNERS Mr K C Lam and Ms W Y Ko REPORT OF Manager Development Services. Also Manager Development Services Memorandum dated 10 June 2008.

9949

RESOLVED (Wearne/Esber) That consideration of this matter be deferred to the Council Meeting (Regulatory) to be held on 14 July 2008 and a report be provided on the shadow diagrams as recently submitted by Mr David Modra.

13.4

SUBJECT 18/12 Dellwood Street, South Granville. (Lot 18 SP 43874) (Woodville Ward) DESCRIPTION To fit out and use the existing premises as a takeaway food and refreshment shop, including the installation of a non-illuminated under awning sign. (Location Map - Attachment 1) REFERENCE DA/31/2008 - Submitted 16 January 2008 APPLICANT/S Mr T H Lam OWNERS Mr T H Lam REPORT OF Manager Development Services

RECOMMENDATION (a) That Council grant consent to Development Application No. 31/2008 subject to standard conditions and the following extraordinary condition. 1. No indoor or outdoor dining is approved under this consent. Reason: To protect the amenity of the area. (b) Further that, objectors be notified of Council’s decision. NOTE: This matter was adopted under Minute No 9933 – Development Applications To Be Adopted Without Discussion.

13.5

SUBJECT 356-358 Woodville Road, Guildford DESCRIPTION Demolition of two dwelling houses and construction of a three storey residential flat building containing 14 units over one level of basement carparking for 21 cars REFERENCE DA/661/2007 - APPLICANT/S Mr Peter Tannous OWNERS Mr Peter Tannous REPORT OF Senior Development Assessment Officer

9950

RESOLVED (Esber/Issa) (a) That Council grant its consent to DA/661/2007, subject to standard and the following extraordinary conditions. 1 The applicant shall submit a Vehicle and Pedestrian Traffic Management Plan for the construction and demolition period, to be approved by Council’s Traffic Engineer or the Principal Certifying Authority prior to the release of the construction certificate. The plans shall provide information relating to parking restrictions, emergency access, pedestrian protection, traffic impacts, traffic routes for heavy vehicles, etc. Reason: To ensure that suitable management techniques are employed. 2 That the construction certificate plans shall include reference and depict a 2.4 metres high timber fence along the full length of the western (rear) boundary of the site, with suitable screen planting of conifers or the like, within the development site. The fence is to be at the expense of the owner of the site. Reason: To protect privacy. 3 Compliance with the acoustical attenuation construction requirements of the Noise Impact Assessment by RSA Acoustics dated August 2007. Reason: To protect the aural privacy of future occupants. 4 That a suitably qualified acoustic consultant is engaged during the construction to ensure that roof / ceiling, external wall and window construction complies with the acoustical attenuation standards specified in the Noise Impact Assessment by RSA Acoustics dated August 2007. Reason: To protect the aural privacy of future occupants. (b) Further, that the objectors be advised of Council’s decision. NOTE: Councillor A A Wilson returned to the meeting at 9.42 pm during consideration of this matter.

13.6

SUBJECT 126 Merrylands Road, Merrylands. (Lots 1, 2, and 3 DP 9814) (Woodville Ward)

DESCRIPTION Section 96(2) modification to DA961/2004 approved for the construction of a 3 storey mixed use development. The modifications include changes to the facade design, a 10m2 increase in commercial floor area and internal changes to the residential units. (Location Map - Attachment 1)

REFERENCE DA/961/2004/A - Submitted 2 February 2008

APPLICANT/S Sidney Lamb & Associates Pty Ltd

OWNERS Merrylands Property Development Pty Ltd

REPORT OF Senior Development Assessment Officer. Also Senior Development Assessment Officer Memorandum dated 3 June 2008.

9951

RESOLVED (Esber/Jamal)

(a) That Council modify development consent No. 961/2004 dated 14 August 2006 in the following manner:

Condition No. 1 to be deleted and replaced with the following condition:

1. 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 N^o	Dated
CC05, Revision H – Basement Plan	28/02/08
CC06, Revision H – Proposed G/F	28/02/08
CC07, Revision H – Proposed 1/F Plan	28/02/08
CC08, Revision H – Proposed 2/F Plan	28/02/08
CC09, Revision H – Roof Plan	28/02/08
CC10, Revision H – Elevations	27/02/08
CC11, Revision H – Elevations	27/02/08
CC14, Revision H – Sections	28/02/08
CC15, Revision H – Sections	28/02/08
CC18, Revision H – External Finishes	7/03/08
CC19, Revision H – External Finishes	7/03/08
Stormwater Drainage (Sediment Control Details) (Rev B) Sheets 1-3	19 July 2004

Document(s)	Dated
Statement of Environmental Effects	Undated
SEPP 65 Design Verification Statement	Undated
Nathers Certificate	24 June 2004
HMB Assessor Certificate	24 June 2004
Acoustic Report	26 July 2004
Waste Management Plan	15 August 2004

No construction works (including excavation) shall be undertaken prior to the release of the Construction Certificate.

Note: Further information on Construction Certificates can be obtained by contacting Customer Service on 9806 5602.

Reason: To ensure the work is carried out in accordance with the approved plans.

(b) That the ancillary matters relating to parking in the back lane be referred to the Parramatta Traffic Committee.

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

NOTE: Councillor D L Borger had previously declared an interest in relation to this item as the applicant had attended a fundraiser at which Councillor Borger had been in attendance and temporarily left the chamber during consideration of this matter.

13.7

SUBJECT 21-23 Gladstone Street, North Parramatta (Lot 1 and 2 DP 11644). (Arthur Phillip Ward) DESCRIPTION Demolition and construction of a 3 storey residential flat building over basement carparking with strata subdivision. (Location Map - Attachment 2) REFERENCE DA/772/2007 - Submitted 18 September 2007 APPLICANT/S Jotan Holdings Pty Ltd OWNERS Jotan Holdings Pty Ltd REPORT OF Manager Development Services

9952

RESOLVED (Esber/Borger) (a) That Council approve Development Application No. 772/2007 by the granting of a deferred commencement consent requiring the applicant to provide Council with proof of registration of an easement 1.2m wide for drainage through Lot 56 DP 827500 being Lots 1-8 SP 45514 with the NSW Department of Lands. Upon satisfaction of this matter, an operational consent subject to standard conditions and the following extraordinary conditions be issued by Council: 1. Amended plans are to be submitted with the application for the construction certificate. The plans are to demonstrate that at least 10m3 of storage will be provided for each unit within the basement car park. Reason: To ensure that adequate storage space is provided for the residents of the development. 2. Sensor activated lighting is to be provided to the pathway on the eastern side of the development. The plans submitted with the application for the construction certificate are to be revised to reflect this requirement. Reason: To ensure that adequate safety is provided to the development. 3. Amended plans are to be submitted with the application for the construction certificate. The plans are to indicate that the height of the wall which separates the front courtyards of units 2 and 3 is a maximum of 1.2m. Reason: To ensure that the development makes a positive contribution to the streetscape. 4. Amended plans are to be submitted with the application for the construction certificate. The plans are to indicate that the maximum height of the front fence is 1.2m. Reason: To ensure that the development makes a positive contribution to the streetscape. 5. The provision of disabled access throughout the ground floor level of the development is required and shall be in compliance with the Building Code of Australia Part D3 “Access for People with Disabilities” and Australian Standard AS1428.1 (2001) - Design for Access and Mobility - Part 1 General Requirements for Access - Buildings. A stair ascender is to be provided to the stairs from the basement car park to the ground floor level. This requirement shall be reflected on the Construction Certificate plans. Reason: To ensure equity of access and appropriate facilities are available for people with disabilities in accordance with Federal legislation. 6. A convex mirror to be installed within the ramp access (one near the entry driveway and one at the bottom of the ramp access) with its height and location adjusted to allow an exiting driver a full view of the driveway in order to see if another vehicle is coming through. Reason: To provide adequate traffic safety within the development. 7. A contractor with specialist excavation experience must undertake the excavations for the development and a suitably qualified and consulting geotechnical engineer must oversee the excavation procedure. Geotechnical aspects of the development that must be considered include: appropriate excavation methods, machinery and techniques including proper shoring (support) and stabilization of the earth (excavated faces), hydro geological considerations, vibration management and monitoring, and minimal disturbance to the neighbourhood. Reason: To ensure that excavation work has minimal impact on the amenity of the area. (b) Further, that the objectors be advised of Council’s decision. NOTE: Councillor A Issa, OAM left the meeting at 9.45 pm during consideration of this matter.

13.8

SUBJECT 1/25 Smith Street, Parramatta. (Lot 1 DP 1098507) (Arthur Phillip Ward) DESCRIPTION Fitout and use as a restaurant. (Location Map - Attachment 2) REFERENCE DA/114/2008 - Submitted 22 February 2008 APPLICANT/S Mr B Bobby OWNERS Smith Street Pty Ltd REPORT OF Manager Development Services

RECOMMENDATION (a) That Council grant consent to Development Application No. 114/2008, subject to standard conditions and the following non standard conditions: 1 The hours of operations being restricted to 6am to midnight, seven days a week. Any alterations to the above will require further development approval. Reason: To minimise the impact on the amenity of the area. 2 No entertainment is permitted on the premises which would render the premises a Place of Public Entertainment (POPE), and for which separate development consent is required by Council and is not conferred under the approval of DA/17/2008. Reason: To protect the amenity of the area. 3 The supply and/or sale of alcohol is prohibited on the premises prior to separate consent being obtained from the Liquor Administration Board (LAB). Reason: To protect the amenity of the area. 4 Outdoor dining is limited to 12 tables and 26 chairs located wholly within the property boundaries of the subject site. No outdoor dining is permitted on Councils footpath area at any time without further approval from Council. Reason: To confirm details of the application. NOTE: This matter was adopted under Minute No 9933 – Development Applications To Be Adopted Without Discussion.

13.9

SUBJECT 40-44 Alice Street, Harris Park. (Lot 2 DP 540350, Lot 1 DP 345140, Lot 2 DP 345140) (Elizabeth Macarthur Ward) DESCRIPTION Convert and utilise part of a church building for the purposes of a childcare centre for up to 44 children. (Location Map - Attachment 2) REFERENCE DA/956/2007 - Submitted - 6 November 2007 APPLICANT/S Dyldam Developments Pty Ltd OWNERS Trustees of the Roman Catholic Church REPORT OF Manager Development Services

9953

RESOLVED (Chedid/Lim) (a) That Council grant consent to Development Application No. 956/2007, subject to standard and the following non-standard conditions. 1. The childcare centre shall operate between 7.00am and 6.30pm, Monday to Friday only. An additional 30 minutes at the start and at the conclusion of the day may be used for administrative/staff functions. After-hours events and activities are restricted to four Saturdays per year for such activities as functions associated with the use as a childcare centre and only between the hours of 9.00am and 5.00pm. Reason: To minimise the impact on the amenity of the area. 2. The childcare centre is to provide for a maximum of 44 places and must cater for a minimum of 5 children in the 0-2 years age group Reason: To ensure an adequate number of places for 0-2 year olds. 3. Prior to the issue of a Construction Certificate, written certification from a suitably qualified person is to be submitted to the Principal Certifying Authority, to certify that the proposed development complies with the requirements of the Children’s Services Regulation, 2004 and any other requirements of the Department of Community Services. Reason: To ensure that the proposal satisfies legislative requirements. 4. The proponent shall ensure that on-site signage includes an after hours contact telephone number. Reason: For security purposes. 5. A solid fence to a height of 2.3 metres is to be provided along the side (western) boundary of the site between the childcare centre and the adjoining residential flat building, adjacent to the outdoor play area. A plan detailing compliance with this condition is to be submitted to the satisfaction of the Principal Certifying Authority. Reason: To mitigate noise. 6. At least one parking space shall be marked for use by a disabled person, as part of the total parking provision. Reason: To comply with the requirements of the Childcare Centres DCP (b) Further, that the objectors be advised of Council’s decision. NOTE: Councillor A Issa OAM had previously declared an interest in relation to this item as he is a parishioner of the Church. Councillor Issa temporarily left the chamber during consideration of this matter.

13.10

SUBJECT 1 Wyuna Place, Oatlands (Lot 13 DP 31813) (Elizabeth Macarthur Ward) DESCRIPTION Demolition of the existing dwelling and construction of an attached two storey dual occupancy with Torrens title subdivision. REFERENCE DA/634/2007 - Submitted: 14 August 2007 APPLICANT/S Mr J Rou OWNERS Ms R Jia REPORT OF Development Assessment Officer

9954

RESOLVED (Chedid/Issa) (a) That consideration of this matter be deferred for 1 month and in the meantime, an on site meeting be held on Saturday 21 June 2008 at 9:00am between the applicant, concerned residents, interested Councillors and relevant staff to discuss issues of concern including those concerns as raised in the recently tabled petition. (b) Further, that all petition signatories be notified of the on-site meeting. Note Item 1 of Petitions was considered in conjunction with this matter (Minute No. 9928 refers).

13.11

SUBJECT 7 Lomond Crescent, WINSTON HILLS. (Lots 775 & 778 DP 253162) (Caroline Chisholm Ward) DESCRIPTION Further Report - Installation of a mechanical ventilation unit, outdoor seating and extended hours of operation. REFERENCE DA/720/2007 - Submitted: 3 September 2007 APPLICANT/S Pizza on Lomond OWNERS Mrs J Salisbury REPORT OF Manager Development Services. Also Manager Development Services Memorandum dated 10 June 2008.

9955

RESOLVED (Worthington/Esber) (a) That Council determine Development Application No. 720/2007 subject to standard conditions as well as the following extraordinary conditions: (i) The days and hours of operations being restricted to the following: Monday 12:00 Midday to 10:00pm Tuesday 12:00 Midday to 10:00pm Wednesday 12:00 Midday to 10:00pm Thursday 12:00 Midday to 10:00pm Friday 12:00 Midday to 10:00pm Saturday 12:00 Midday to 10:00pm Sunday 12:00 Midday to 10:00pm Any alterations to the above will require further development approval. Reason: To minimise the impact on the amenity of the area. (ii) Outdoor dining is restricted to a maximum of ten seats. The outdoor dining area is to be used between 12:00 midday to 10.00pm, Friday to Saturday and 12:00 midday to 8.00pm Sunday to Thursday including Public Holidays. Reason: To protect the amenity of the area. (iii) Bottles are not to be disposed into the waste bins after 9.30pm each day. Reason: To minimise the impact on the amenity of the area (iv) All deliveries to the premises shall take place between the hours of 9:00am and 5:00pm and shall take place within the designated loading and unloading area located at the laneway to the rear of the premises. Reason: To protect the amenity of the area. (v) All tables, chairs and other materials shall be from the same family and kept within the allotment boundaries at all times. Reason: To provide a consistent appearance and protect the amenity of the area. (vi) All tables, chairs and other materials shall either be powder coated, polished aluminum, brushed or stainless steel finishes. Reason: To maintain the amenity of the area. (vii) No entertainment or music is permitted within the external dining area. Reason: To minimise the impact of the development. (b) That extra filtering equipment be installed to minimise the smells to surrounding residences. (c) That a screen be erected between the shop frontage and the Council boundary to the top of the shop awning. (d) That a report be forthcoming as to why previous information sought on all visits from Rangers and Compliance Officers since February 2007 has not be supplied. (e) That no alcohol is to be sold or consumed on the premises subject to the legality of consumption of alcohol not being permitted in or outside the establishment being established. (f) Further, that objectors be advised of Council’s decision. NOTE: Councillor A A Wilson left the meeting at 9.30 pm during consideration of this matter. It should be noted that this matter had been brought forward due to the attendance of interested persons in the gallery.

13.12

SUBJECT Parramatta Stadium 11-13 O'Connell Street, Parramatta. (Lots 951 to 965 in DP 42643) (Arthur Phillip Ward) (Location Map - Attachment 1) DESCRIPTION Use of Parramatta Stadium and its immediate surrounds for various additional events, including concerts, music festivals, cultural festivals, children's carnivals and motorcross events. REFERENCE DA/659/2007 - submitted 17 August 2007 APPLICANT/S Parramatta Stadium Trust OWNERS The State of New South Wales - Crown Land held in trust and control by the Parramatta Stadium Trust REPORT OF Manager Development Services

9956

MOTION (Jamal/Brown) (a) That the matter be deferred to the next Regulatory Council Meeting to be held on 14 July 2008. (b) That in the meantime, a meeting take place between the applicant representative, Mr Luke Coleman, the objectors, including Mr Chris Levins, Director, Parramatta Park Trust, Greg Smith, Director Our Lady of Mercy College, Parramatta, interested Councillors and relevant staff. (c) That a further meeting between relevant council staff and interested councillors be held. (d) That this meeting be minuted and provided as supplementary to the Council Report for 14 July 2008. (e) Further, that this meeting review the proposal, but not exclusively, against SEPP (Temporary Structures and Places of Public Entertainment) 2007 and seek the possible written advice and/or approval for rejection by the Minister for Planning as according to Part 5A of EP&A Act 1979. AMENDMENT (Issa) That subject to the written approval of the Parramatta Stadium Trust or the Minister and in accordance with Section 116C of the Environmental Planning and Assessment Act 1979, a consent be granted subject to standard conditions and the extraordinary conditions contained in Manager Development Services Report prepared on this issue. The amendment lapsed due to the want of a seconder. The motion was put and carried. NOTE: 1 Councillor J D Finn had previously declared a non pecuniary interest in relation to this item as a member of the Parramatta Park Trust. Councillor Finn did not retire from the meeting during consideration of this matter. 2 Councillor A Issa, OAM returned to the meeting at 9.51 pm during consideration of this matter.

Notices of Motion

14.1

SUBJECT Use of Portion of Adshel Contract for Arts Program REFERENCE F2004/08023 - D00944857 REPORT OF Councillor A A Wilson

9957

RESOLVED (Wilson/Chedid) (a) That Parramatta City Council prepare a report to examine if it is practical to use the 2.5% of Adshel advertising contractually dedicated to Council for the benefit of Council’s arts program. (b) Further, that this be liaised between sections to see if this proposal can be harmonised with current negotiations over refurbishment of the Adshel equipment. Note Councillor C X Lim retired from the meeting at 10.15 pm during consideration of this matter.

14.2

SUBJECT Epping Town Centre Study REFERENCE F2008/00404 - D00945753 REPORT OF Councillor A A Wilson

9958

MOTION (Wilson/Chedid) (a) That Parramatta City Council advise the Dept of Planning that it will not co-operate in any study that reviews the Epping Conservation area with an intention of allowing increased density. (b) Further, that Parramatta City Council cease all negotiations regarding the new LEP until an assurance is given that there will be no attempt to substantially alter the character of Epping. AMENDMENT (Esber/Jamal) That consideration of this matter be deferred pending receipt of information on this issue from the project control group. The amendment was put and carried. DIVISION (Wilson/Chedid) The result being:- AYES The Lord Mayor, Councillor Barber and Councillors Borger, Brown, Esber, Finn, Jamal, Wearne and Worthington. NOES Councillors Chedid, Garrard, Issa and Wilson. The amendment was again declared carried. The amendment on being put as the motion was again carried.

14.3	SUBJECT Council Providing Insurance to all Non-Commerial Community Fairs in the LGA REFERENCE F2005/01345 - D00950581 REPORT OF Councillor A A Wilson
9959	RESOLVED (Wilson/Chedid) That Council officer’s prepare a report examining if Parramatta City Council can look to provide insurance to all Non-Commercial Community Fairs in the LGA.

14.4

SUBJECT Concept Plan for New Amenities Building at Granville Park REFERENCE F2004/07861 - D00949928 REPORT OF Councillor D L Borger

9960

RESOLVED (Borger/Brown) (a) That a Concept Plan be prepared by Parramatta City Council in consultation with the Two Blues Rugby Union Club for a new amenities building to be located adjacent to the existing amenities building. (b) That the Concept Plan include provision for toilets, change rooms, a meeting room, a kiosk, storage area and spectator seating. (c) Further, that the Concept Plan be brought back to Council for its consideration with a view to submitting a proposal to the NSW Department of Sport and Recreation for funding. If possible this should be undertaken with a view to lodging a funding submission prior to the August 2008 deadline.

CLOSED SESSION

9961 RESOLVED (Wilson/Esber)

Members of the press and public be excluded from the meeting of the Closed Session and access to the correspondence and reports relating to the item considered during the course of the Closed Session be withheld. This action is taken in accordance with Section 10A (2) of the Local Government Act, 1993 as the item listed comes within the following provisions:-

1 Appointment of the General Manager

This report is confidential in accordance with Section 10A(2)(a) of the Local Government Act 1993 as the report contains personnel matters concerning particular individuals.

Note

The following matter was also considered in Closed Session as a Matter of Urgency.

Freeze on the appointment of Level 3 Managers.

This item is confidential in accordance with section 10A(2)(a) of the Local Government Act 1993 as the issue relates to personnel matters.

RESUMPTION OF MEETING

The the decisions of Closed Session be noted as follows:-

1

SUBJECT Appointment of General Manager REFERENCE F2008/02877 REPORT OF The Lord Mayor, Councillor P B Barber

9962

RESOLVED (Barber/Esber) (a) That Council appoint Dr Robert Lang as General Manager of Parramatta City Council on the terms outlined in the draft letter of offer. (b) That Council delegates under Section 377 of the Local Government 1993, to Dr Robert Lang the functions of the General Manager to exercise Council’s powers, functions, duties and authorities contained in legislation and the functions of the Council as specified in: 1 The Local Government Act 1993 and related Acts; and 2 Other Acts under which Council powers, authorities duties and functions. (c) That this delegation is subject to the following limitations: 1 The provisions of the Local Government Act 1993 and any other legislation relevant to the delegations; 2 Council may by resolution direct the Acting General Manager in exercise of any function herein delegated; 3 The Acting General Manager shall exercise the functions herein delegated in accordance with and subject to: 3.1 The provisions of the Local Government Act 1993 as amended; 3.2 All and every policy of the Council adopted by Resolution and current at the time of the exercise of the functions herein delegated. (d) That the Council decision be relayed to Dr Lang and that Council staff be advised of the appointment prior to any public announcement. (e) That the sub committee work with the newly appointed General Manager to ensure a performance agreement is signed by Council and the General Manager within three months of Dr Lang’s commencement. (f) That the recruitment sub-committee members be thanked for their efforts in making this recommendation to Council. (g) Further, that Council thanks Watermark Search International and Mr Randall Maple for their professional services while working with the sub-committee.

2	SUBJECT Freeze on Level 3 Appointments REFERENCE F2008/02877 FROM Councillor Pierre Esber
9963	RESOLVED (Esber/Garrard) (a) That a freeze be placed on level 3 and above appointments until commencement of the General Manager on 21 July 2008. (b) Further, that the Lord Mayor take whatever action is required, (including obtaining legal advice) to address any recent (ie within the last month) appointments.

The meeting terminated at 11.15 pm.

THIS PAGE AND THE PRECEDING 35 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON TUESDAY, 10 JUNE 2008 AND CONFIRMED ON MONDAY, 14 JULY 2008.

Lord Mayor