MINUTES OF THE Meeting of Parramatta City Council HELD IN THE Council Chambers, CIVIC PLACE, PARRAMATTA ON Monday, 11 August 2008 AT 6:50 pm

PRESENT

The Lord Mayor, Councillor P B Barber in the Chair and Councillors D L Borger MP (arrived 6.54 pm), A A Brown, J Chedid, P Esber (Deputy Lord Mayor), J D Finn, P J Garrard, A Issa, OAM, O Jamal, C X Lim, M K Walsh, L E Wearne (arrived 6.53 pm), 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 July 2008
10095	RESOLVED (Esber/Brown) That the minutes be taken as read and be accepted as a true record of the Meeting.

APOLOGIES

10096 RESOLVED (Esber/Lim)

That an apology be received and accepted for the absence of Councillor B W Prudames.

DECLARATIONS OF INTEREST

1 Councillor M K Walsh declared a pecuniary interest in relation to Item 2 of Petitions regarding 20 Nobbs Street, South Granville, as the property is in direct sight line of Councillor Walsh’s residence.

2 The Lord Mayor, Councillor P B Barber declared an interest in relation to Item 2 of Development Applications regarding 33-35 Belmore Street, North Parramatta as the applicant’s family resides in the same street as Councillor Barber.

Minutes of Lord Mayor

4.1

SUBJECT Title Change from General Manager to Chief Executive Officer REFERENCE F2004/06320 - D01004958 REPORT OF The Lord Mayor Councillor P B Barber

10097

RESOLVED (Barber/Esber) (a) That the position of General Manager be renamed Chief Executive Officer and this title change take place immediately. (b) Further, that the roll out of the title change be undertaken on a progressive basis, with no cost changes, such as letterhead etc being implemented immediately and more costly changes, such as public signage etc be undertaken as party of the normal replacement cycle. Note Councillor L E Wearne (6.53 pm) and D L Borger MP (6.54 pm) arrived at the meeting during consideration of this matter.

PUBLIC FORUM

5.1

SUBJECT Development Application - 17-21 Woodville Road and 2-4 Milton Street, Granville REFERENCE DA/174/2007 – FROM Mrs Marry Sidiropoulos

10098

STATEMENT By Mrs Marry Sidiropoulos:- “My family & I have been living in 15 Woodville Road for 22 years. Our house is a heritage home 121 yrs old. There was a house in southern and northern elevation before the present developer acquired the properties and built a small workshop and car yard. Living in front of Woodville Rd is not an ideal place to be. We had to get used to constant traffic noise but we did adjust with the help of retreating to the back part of the house and yard, the quietest part of the house for sanctity. Ever since the neighbours initial development we had to deal with certain new living conditions, such as not having any residential neighbours. A caryard next door meant movements of cars close to our home, lots of revving up cars every morning to be warm-up engines. Security light poles surrounding our property which meant the main living areas never get dark my bedroom window never getting dark no matter how many blinds I try to cover it with. These adjustments are very difficult to get used to and accept but we bare with it and as good neighbours we didn’t want to disturb out neighbours businesses. We also see a moving wall at the back of our property built by the developer which is a cause for safety concern and yet we bare the risk of living with it despite this adding stress to our lifestyle. Now several years later the same developer is proposing to rebuild an enormous building and excavating the site. As I see it, our living conditions will take a turn for the worse. The proposal states he will raise ground level above our normal ground level then put at least 1.8 metre fence above its boundary. I must inform you the developer did raise the construction previously and went unchallenged. Even though we are advised they are within the Councils present guidelines it does not change the fact, our living standards will change. We must start taking on certain sacrifices and burdens if we are to continue residing and trying to call our house a home. Firstly our main living areas will lose solar light from such a high wall fence and planting of trees next to low window settings. Opening our windows we will be in view a brick wall, which is not ideal. Another great change to our lifestyle is a garbage collection bay next to our kitchen and dining areas, which the developer claims will be 8 metres away. Which is inaccurate. The developer claims it is in a closed in area to minimise odours. It is my belief that this is unworkable and cumbersome for anyone wanting to use the site, still has to open the doors to keep adding more garbage. The end result would be for the residence to leave garbage just outside the site. The developer claims they tried to minimise fumes with certain methods in accordance with Council guidelines and the people in the workshops would most likely to be affected by fumes. In my opinion it is unreasonable to compare a residence living and eating 24 hrs a day next door to people who leave work at end of their shift to go home and eat in peace. The most appropriate solution is to move the site but the architect explained at the onsite meeting that she had no other place to put it and too expensive to move underground. Why should it be our problem and sacrifice? Other fumes entering will be fumes from carwash detergents although not directly under our window, our garden lifestyle and pool area will be unuseable. Another burden and sacrifice our family home must endure is its privacy, of 34 windows on the southern side and multilevel views on the north side towering over all our property. In accordance with Councils guidelines glazing of windows will try to minimise its affect. I see this as unreasonable I believe the architect or developer would find it intimidating to have to live next to this type of development in their own back yard which they have created thus should not expect anyone else too. Another extreme lifestyle change we must endure is the level of excavation and building on the site which is too close to an old heritage house and very close to its boundary that could damage the site and also cause a great deal of stress to elderly residence neighbours and others living in the site. The developer’s response is to do certain test to see if excavation would occur and that if any problems do arise it will then become a civil matter. To people living in the house this is not very comforting and to have to accept this reasoning only exemplifies anxiety and stress to our lives which I might add has already began since this proposal started. What rights does a developer have to make us feel scared in our own home? We also never agreed to a high acoustic wall at the onsite meeting or anything to that affect as claimed. We do not accept being subjected to any extraordinary conditions. Another development change to the area is blocking of Milton St concentrated work within the site and into our property adding to noise of cars people calling out to each other, garbage being picked up and adding to our misery. The developer has tried to have some measure to minimise these concerns as I see it is unworkable in its current form. I believe this design was made in total disregard of us as neighbours and they only try to make small changes as we bring them to their attention and do not satisfactorily resolve these problems. Their only concern is to keep within barest minimum guidelines to bring it to completion. I’m sorry my family life isn’t in their guidelines but how many burdens and sacrifices does one family and neighbours have to endure to live a peaceful life next to a business? RESPONSE By The Lord Mayor, Councillor P B Barber:- "Thank you Mrs Sidiropoulos. You have made your position very clear and we will take your submission into consideration when we consider the development application later tonight."

5.2

SUBJECT Development Application - 45 Lower Mount Street, Wentworthville REFERENCE DA/806/2007 – FROM Mr Bruce Jenkins

10099

QUESTIONS By Mr Bruce Jenkins:- “Our questions to Council are asked through you Lord Mayor on hehalf of my mother and the Jenkins family in relation to Development Application number 806/2007 on page 81 of the regulatory papers relating to an application seeking: ‘A change of use of an existing garage as a granny flat at property located at 45 Lower Mount Street, Wentworthville.’ 1 In relation to the DA for the property, are the Councillors and the new General Manager aware that Council Staff stamped the wrong plans, giving the applicant the legal right to build a granny flat on the property, but not use it? Hence this application to Council to allow for its use? 2 Are the Councillors and the new General Manager aware of the internal independent audit done on this DA and why was the associated report not included in the Council report? 3 Despite out attempts with Council to reverse the negative impacts on privacy by the newly built home, does this DA if approved, demonstrate that Council is not prepared to learn from its past mistakes in terms of its development assessment in relation to flood prone land and the ill considerations of the impacts of privacy? 4 What is the policy of Council in terms of redress or recompense when Council staff stamps the wrong plans? And how can residents of Council be able to overturn or address the negative effects of a building that has been built legally even though Council staff stamped the wrong plans by mistake? 5 What is the policy of the Council when an independent audit is done on a DA, raised by concerned residents, but no communication as to how the Council will in future improve or reform itself so that the DA in question is fixed or the lessons are learned in anticipation of future development applications? 6 Is it Council’s policy to not include an independent audit report on the DA and/or same property/land when considering the DA and is it Council’s policy not to consider all the facts and in context? 7 What are the Council’s commitments to ensure that elevated new building on flood prone land have in place conditions to neutralise the negative privacy impacts, eg overlooking onto neighbouring properties?” RESPONSE By Service Manager Development Assessment – Mark Leotta:- QUESTIONS 1 to 6: “Questions 1 to 6 relate to concerns raised by Mr Jenkins in respect of Development Consent No. DA/87/2002 which granted consent for the construction of a single storey dwelling with a detached garage and workshop on site in 2002. These concerns that have been raised by Mr Jenkins have been the subject of investigation by Council’s Service Audit & Review Unit and a formal written response was provided to Mr Jenkins on 10 April 2008. The questions that have been asked in questions 1 through to 6 do not relate to the current Development Application (DA/806/2007) which is before Council for determination this evening and seeks approval to the use of the garage as a granny flat. If Mr Jenkins has any further questions regarding the investigation report which has been prepared by the Service Audit & Review team he should raise these issues separately with the relevant manager of that team. QUESTION 7: The proposed granny flat is located within an existing building, being the previously approved combined garage and workshop. The proposed use of this building as a granny flat does not increase the height of the building. The two windows located in the western elevation of the proposed granny flat will serve two bedrooms, which are regarded as low use habitable rooms, having a minimal impact on privacy given the predominant use of these rooms at night and typically in conjunction with curtains and/or blinds. The proposed granny flat is single storey with a 1.8m high dividing fence adjacent to these windows which will effectively prevent overlooking into adjoining properties. The north elevation of the building has a garage door which faces the boundary with 43 Lower Mount Street and the associated driveway and manoeuvring area provides significant separation to ensure no undue privacy impact on the adjoining property.”

5.3

SUBJECT Development Application - 45 Lower Mount Street, Wentworthville REFERENCE DA/806/2007 FROM Dr B Hall

10100

STATEMENT By Dr B Hall:- Speaking in support of Council’s Report. “ I wish to address council to speak in support of the Report Issued by Michael Carter, Senior Development Assessment Officer, Parramatta City Council. The only objections published by Council with respect to the 45a Lower Mount Street property in question all originate from members of the Jenkins Family; presenting residence at 41 or 43 Lower Mount Street Wentworthville. The objections make numerous claims that Mr Conciatore has acted illegally and or unlawfully and constructed a “Granny Flat” in breach of Approved Development. Mr Conciatore has with him tonight the stamped construction Certificate, signed by Michael Carter, which clearly shows the Granny flat substantially as now constructed. This Certificate is available for inspection. Mr William Jenkins has on many occasions lodged complaints with Council at an administrative and enforcement level and with the Police concerning Mr Conciatore’s residence and construction works at 45 Lower Mount Street. At no stage have Council nor the police proceeded with any enforcement action with respect to these complaints against Mr Conciatore. The complaints have been consistently found to be without grounds and consequently infringement action has never been taken against Mr Conciatore. Jenkins appears to orchestrate a campaign of frequently concealed complaints against numerous developments in the street. In this regard I table a very limited sample of acknowledgements and objections from the records remaining available on Councils Development Website. Objectors can apply for their submissions to be pulled from the Website · 4 objections related to 45 Lower Mount street Wentworthville · Acknowledgement of submission in relation to 44 lower Mount Street Wentworthville (acknowledgement of submission 12 May 2008) · Acknowledgement of submission in relation to 43 Lower Mount Street Wentworthville (letter from Council – 10 March 2008). With respect to the 4 objections being the subject of the present development a Mr Peter Thomas Jenkins addressed as C/- 43 Lower Mount Street Wentworthville is not resident at that address. The objection is presented in a manner that is contrary to the facts of Mr Peter Thomas Jenkins residence. Last Friday afternoon I inspected the Electoral Roll at the Jessie Street Centre in Parramatta and I can attest to the fact that the electoral roll reports his address as being: 27 Kiparra Cresent South Penrith. The record of the Electoral Roll is also consistent with the Google Street View Images of Kiparra Crescent South Penrith and Mr Conciatore’s representations made out to me, which I have already supplied to Council. With respect to the Council Letter to a Mr Thomas Parfitt Jenkins dated 10 March 2008. Mr Conciatore asserts that Mr Thomas Parafitt Jenkins passed away in late 2007 and that for the last some number of years of his life he required constant care at home and that he was in no fit state to formulate an objection of his own undertaking. Council may wish to consider the consistency of the present disclosures in the broader requirements of the Local Government and Environmental Planning and Assessment Act at some subsequent time. On reading Mr Carters report and inspecting Mr Conciatore’s residence I suggest that many of Jenkins objections are spurious and Mr Carter appears to have dealt with them all adequately in his report. I support the thrust of Mr Carters Conclusions to approve development.”

5.4

SUBJECT Development Application - 45 Lower Mount Street, Wentworthville REFERENCE DA/806/2007 -

10101

STATEMENT By Mr Joe Conciatore:- “My Granny flat was shown on the CC plans. My father in law recently passed away with cancer (last year) and I wish to make provisions for my mother-in-law who lives by herself with limited finances to move in. Many of Jenkins objections are not true and Mr Carter has dealt with them all adequately in his report. My dwelling is a single story battle-axe development and it is separated from Jenkins by a 1.8 metre colorbond steel fence. The Granny flat in question is further separated by a steel roller door. The residence area of the flat is on the opposite side of the property to Jenkins residence. No other neighbours have lodged objections on made any complaints whatsoever about my building works or my development. “

PETITIONS

1	SUBJECT Traffic Calming Devices - Tulong and Greens Avenues, Oatlands FROM P Khouri and others
10102	RESOLVED (Chedid/Wilson) (a) That the petition be received and the petitioners provided with an update on this matter. (b) Further, that the petition be considered in conjunction with the onsite meeting held two weeks ago in Oatlands.

2

SUBJECT Objection to Development Application - 20 Nobbs Street, South Granville REFERENCE DA/491/2008 FROM R Daher and others

10103

RESOLVED (Walsh/Garrard) That the petition be received and considered in conjunction with the relevant development application. NOTE: 1. Councillor M K Walsh declared an interest as the property is in the direct sight line of her residence and indicated her intention not to participate in consideration of the development application for 20 Nobbs Street, South Granville when it comes before Council. 2. Councillor P Esber left the meeting at 7.45 pm during consideration of this matter.

3	SUBJECT Objection to B-Double Trucks Using William Street, Granville FROM H Barter and others
10104	RESOLVED (Walsh/Garrard) That the petition be received and considered in conjunction with the appropriate development application when it comes before Council.

4	SUBJECT Granville Streetscape Upgrade Draft Design FROM H Barter
10105	RESOLVED (Walsh/Garrard) (a) That the letter be given appropriate consideration in conjunction with the proposed streetscape changes for the Granville Shopping Centre. (b) Further that the correspondent be advised of the above decision. NOTE: Councillor P Esber returned to the meeting at 7.47 pm during consideration of this matter.

Rescission Motions

7.1

SUBJECT 132 Blaxcell Street, Granville. (Lot 2 Sec 3 DP 1788) (Woodville Ward)

REFERENCE DA/306/2007 - D00998588

REPORT OF Manager Development Services

10106

MOTION (Garrard/Walsh)

That the resolution of the Council Meeting held on 28 July 2008 regarding the Rescission Motion for the Development Application at 132 Blaxcell Street, Granville, namely:-

(a) That Council grant consent to Development Application No. 306/2007, subject to standard conditions and the following extraordinary conditions:

1. The development is to be carried out in accordance 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
Site, Elevation and Section Plan, Prepared by C.B of Baini Design, Numbered 07042/01B, Revision B	September 2007
Floor and Fitout Plan, Prepared by C.B of Baini Design, Numbered 07042/02B, Revision B	September 2007
Elevations Plan, Prepared by C.B of Baini Design, Numbered 07042/03B, as amended in red	April 2007

Document(s)	Dated
Waste Management Plan for 132 Blaxcell Street, Granville, as amended in red	Undated
Schedule of finishes for 132 Blaxcell Street, Granville	Undated
List of items to be sold	Undated

Note: In the event of any inconsistency between the architectural plan(s) and the landscape plan(s) and/or storm water disposal plan(s) the architectural plan(s) shall prevail to the extent of the inconsistency.

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

2. A standard rubbish bin (with a minimum 120 litre capacity) is to be provided to the front of the premises underneath the proposed awning for general waste from customers. The bin is to be provided at all times while the shop is operating and is to be removed and stored out of view at the end of daily operations.

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

3. All food items sold from the premises are to be pre-packaged. No food preparation activities are to occur from the premises.

Reason: To ensure compliance with the consent.

4. Access for people with disabilities from the public domain and all car parking areas on site to and within the building is to be provided. Consideration must be given to the means of dignified and equitable access from public places to adjacent buildings, to other areas within the building and to footpath and roads. Compliant access provisions for people with disabilities shall be clearly shown on the plans submitted with the Construction Certificate. All details shall be prepared in consideration of, and construction completed to achieve compliance with the Building Code of Australia Part D3 “Access for People with Disabilities”, provisions of the Disability Discrimination Act 1995, and the relevant provisions of AS1428.1 (2001) and AS1428.4.

Reason: To ensure the provision of equitable and dignified access for all people in accordance with disability discrimination legislation and relevant Australian Standards.

5. The gradient for all disabled access ramps shall not exceed a maximum of 1 (vertical) in 14 (horizontal) as per the requirements of Australian Standard AS1428.1 (2001) – Design for Access and Mobility – General Requirements for Access – New Building Work. The final design of the proposed disabled access ramps 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. Signs incorporating the international symbol of access for disabled persons must be provided to identify each accessible entrance. This requirement shall be reflected on the Construction Certificate plans and supporting documentation.

Reason: To ensure equity of access and appropriate facilities are available for people with disabilities in accordance with Federal legislation.

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

be and is hereby rescinded.

PROCEDURAL

MOTION (Brown)

The question be put.

The procedural motion was put and carried.

The motion was put and lost.

DEVELOPMENT APPLICATIONS TO BE ADOPTED WITHOUT DISCUSSION

10107 RESOLVED (Esber/Lim)

That Item Number 11.2 of Domestic Applications regarding 226-236 Windsor Road, Winston Hills as listed on the Agenda for the Council Meeting held on 11 August 2008 be adopted in accordance with the Officer’s recommendation.

DEVELOPMENT APPLICATIONS REFERRED FOR ON-SITE MEETINGS

8.1

SUBJECT List of Future Onsite Meetings REFERENCE F2004/08629 - D00998706 REPORT OF Manager Development Services

10108

RESOLVED (Borger/Finn) (a) That the list of proposed onsite meetings appended as Attachment 1 to this report be adopted. (b) That the Councillor Support Officer’s forward invitations for each onsite meeting in line with individual Councillor’s requirements. (c) Further, that an on site meeting be held on Saturday, 12.00 noon, 16 August 2008 in relation to the development application submitted for Ermington Hotel.

ITEMS TO BE BROUGHT FORWARD

Due to the presence of interested persons in the public gallery, items were brought forward and considered in the following order:-

Domestic Applications – 1,4 and 3;

Development Applications – 3, 1, 2, 4 and 5.

Domestic Applications

11.1

SUBJECT 188 Church Street, Parramatta.(Lot 23 DP 651527) (Arthur Phillip Ward). DESCRIPTION Change of use and fitout for a bakery shop. (Location Map - Attachment 1) REFERENCE DA/216/2008 - Submitted 3 April 2008 APPLICANT/S Mr Y K Yang OWNERS G & J Drivas Pty Limited and Telado Pty Limited REPORT OF Manager Development Services

10109

RESOLVED (Lim/Chedid) That Council grant consent to development Application No. 216/2008 subject to standard conditions and the following non standard conditions: 1 The hours of operation of the bakery shall be restricted to: Monday, Tuesday, Wednesday and Friday: 8:00am to 7:30pm Thursday: 8:00am to 9:00pm Saturday and Sunday: 8:00am to 6:00pm. Reason: To minimise the impact on the amenity of the area. 2 No signage shall be erected on or in conjunction with the development without prior development consent. Reason: To protect the amenity of the area.

11.2

SUBJECT 226-236 Windsor Road, Winston Hills. (Lot 2 DP 772001) (Caroline Chisholm Ward). DESCRIPTION Internal and external alterations to the existing community centre located within The Willows Retirement Village to facilitate a new coffee shop. (Location Map - Attachment 1) REFERENCE DA/427/2008 - Submitted 16 June 2008 APPLICANT/S Aevum Limited OWNERS Strata Plan 34043 REPORT OF Manager Development Services

RECOMMENDATION That Council grant consent to Development Application No. 427/2008 subject to standard conditions of consent. NOTE: This matter was adopted under Minute No 10107 – Council Matters To Be Adopted Without Discussion.

11.3

SUBJECT 267 Church Street, Parramatta NSW 2150. (Lots 1-2 DP 400078) (Arthur Phillip Ward). DESCRIPTION Change of use to a beautician & skincare shop with associated signage. (Location Map - Attachment 2) REFERENCE DA/327/2008 - Submitted 12 May 2008 APPLICANT/S K M Carey and J L Worthy OWNERS Huge Vision Pty Ltd REPORT OF Manager Development Services

10110

RESOLVED (Lim/Wearne) That Council grant consent to Development Application No. 327/2008 subject to standard conditions and the following non standard conditions: 1 The following signs are approved: 1.1 Awning sign (plan no. FS.1) 1.2. Lightbox sign (plan no. FS.3 amended in red) 1.3. Shopfront exterior sign (plan no. FS.6X amended in red) 1.4 Website sign on glass shopfront (plan no. FS.12 amended in red) 1.5. Opening hours sign on glass shopfront (plan no. FS.14 amended in red) 1.6 Independently owned sign on glass shopfront (plan no. FS.13 amended in red) The following signs are not approved: 1 Menu of services sign (plan no. FS.8) 2 Poster Panel (Plan no. J02) No signage is to be illuminated or of flashing variety. Reason: To comply with City Centre DCP & to protect the amenity of the area. 2 The hours of operations being restricted to: Monday, Tuesday, Wednesday & Friday: 10am - 7pm Thursday: 10am - 9pm Saturday: 9am - 4pm Sunday & Public Holidays: Closed. Any alterations to the above will require further development approval. Reason: To minimise the impact on the amenity of the area.

11.4

SUBJECT 45 Lower Mount Street, Wentworthville. (Lot 92 DP 17197) (Arthur Phillip Ward). DESCRIPTION Use of an existing garage as a granny flat. (Location Map - Attachment 1). REFERENCE DA/806/2007 - Submitted 26 September 2007 APPLICANT/S Mr J Conciatore OWNERS Mr J & Mrs R R Conciatore REPORT OF Manager Development Services

10111

MOTION (Lim/Wearne) (a) That consideration of this matter be deferred pending an on site meeting to be held on 23 August 2008 at 1.30pm. (b) That all Council reports regarding this issue together with the documents referred to in Public Forum items 2, 3 and 4 be made available to councillors at the on site meeting. (c) Further, that the matter be once again considered by the Council at its meeting to be held on 8 September 2008. AMENDMENT (Esber/Issa) (a) That Council grant consent to Development Application No. 806/2007 subject to standard conditions of consent and the following extraordinary conditions: 1. The granny flat is to retain the double garage as per the approved floor plans. The floor area of the granny flat is not to exceed the maximum floor area of 50m2 as indicated on the floor plan. Reason: To ensure the accommodation of two motor vehicles on the site. 2. An occupation certificate is to be obtained to ensure Compliance with BASIX certificate No.153349S. Reason: To ensure compliance with the Basix certificate. 3. The windows and doorways located along the eastern elevation of the granny flat are to be protected in accordance with the provisions of Clause 3.7.1.5 of the BCA 2008. In this regard details of the proposed method of protecting these openings are to be submitted and approved by the Council prior to the occupation of the granny flat. Reason: To ensure compliance with the BCA 2008 in regard to fire safety. (b) Further that, objectors be notified of Council’s decision. The amendment was put and carried and on being put as the motion was again carried.

ADJOURNMENT OF MEETING

In accordance with Council's decision of 23 October 2000 (Minute No 5712) the meeting adjourned at 9.03 pm for a period of 21 minutes.

RESUMPTION OF MEETING

The meeting resumed in the Council Chamber at 9.24 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, M K Walsh, L E Wearne, A A Wilson and C E Worthington.

Reports - Development Applications

12.1

SUBJECT 78 Gordon Avenue, South Granville. (Lot 1 DP 35007) (Woodville Ward). DESCRIPTION Construction of a 28 place childcare centre. (Location Map - Attachment 1) REFERENCE DA/721/2007 - Submitted 3 September 2007 APPLICANT/S Home Zone Construction OWNERS C Hamze and L Addoug REPORT OF Manager Development Services

10112

RESOLVED (Esber/Issa) That Council grant consent to Development Application No. 721/2007 subject to standard conditions and the following extraordinary conditions: 1 The childcare centre shall cater for a maximum 28 children at any one time. Reason: To comply with the requirements of the Department of Community Services, the Childcare Centres DCP and the terms of this consent. 2 This consent does not authorise the use or operation of the premises as a childcare centre, except where the operator and all employees are in possession of a current and valid license from the NSW Department of Community Services. Reason: To comply with the Department of Community Services. 3 The days and hours of operation of the childcare centre are restricted to Monday to Friday 7:00am to 7:00pm. The childcare centre is not to operate on public holidays or weekends. An additional 30 minutes at the start and at the conclusion of the day may be used for administrative clean up/set up purposes. Any after-hours events and activities associated with the use as a childcare centre shall require the further approval of Council. Reason: To minimise the impact on the amenity of the area. 4 On-site parking shall be provided and maintained for 7 vehicles. The spaces are to be clearly marked in accordance with the approved plan. Reason: To ensure appropriate parking arrangements. 5 The childcare centre shall operate in accordance with the endorsed recommendations under Section 7 of the approved acoustic report prepared by Noise and Sound Services, titled Childcare Noise Assessment and dated April 2008. Reason: To mitigate noise impacts to adjoining property owners. 6 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. 7 The proponent shall ensure that on-site signage includes an after hours contact telephone number. Reason: For security purposes. 8 Two of the 4 stacked car parking spaces within the garage are to be used by the employees. The other two spaces can also be used by the parents as well as employees. These spaces are to be accessible at all times during operation of the childcare centre. Reason: To ensure compliance with this consent. 9 Pedestrian access that is separated from vehicular access, to be provided from the front boundary to the building and from all car parking spaces to the building. All pedestrian pathways in the development should have a minimum width of 1.2m to allow easy circulation throughout the site. Reason: To ensure children using the centre do not need to walk past the back turning circle of a car 10 The side and rear fencing is to be a maximum height of 1.8m. Reason: To maintain the residential amenity of the property.

12.2

SUBJECT 33-35 Belmore Street, North Parramatta (Lot 5 & 6 DP 35503) (Elizabeth Macarthur Ward) DESCRIPTION Demolition and construction of a 52 place child care centre. (Location Map - Attachment 1) REFERENCE DA/660/2007 - Submitted 17 October 2007 APPLICANT/S Jason Gittany OWNERS Jason and George Gittany REPORT OF Manager Development Services. Also Senior Development Assessment Officer Memorandum dated 11 August 2008.

10113

RESOLVED (Chedid/Issa) (a) That Council approve Development Application No. 660/2007 by the granting of a deferred commencement consent requiring the applicant to provide Council with proof of registration of the easement for drainage through the adjoining property No. 37 Belmore Street 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 The hours of operation are restricted to 7.00am to 7.00pm Monday to Friday. Any alterations to the above will require further development approval. Reason: To minimise the impact on the amenity of the area. 2 The number of children on the premises is not to exceed 52 at any one time. At all times a minimum of 18 places shall be provided for children aged less than 2 years. Any alterations to the above will require further approval of Council. Reason: To ensure the number of children are not exceeded. 3 After hours events and activities are restricted to four Saturdays per calendar year to be held between the hours of 9.00am and 5.00pm. Reason: To protect the amenity of the area. 4 An amended landscape plan incorporating the following requirements is to be submitted to the Principal Certifying Authority prior to the issue of the construction certificate. 4.1 The Maple tree located to the rear of No. 33 Belmore Street shall be retained. 4.2 Two Water Gums are to be planted within the site in 100 litre containers, one to be planted at the front of the site and one to be planted to the rear. Two proposed trees shown on the landscape plan may be deleted if insufficient space is available for the planting of the Water Gums. 4.3 The proposed Nyssa sylvatica (Nyssa Tupelo) is to be replaced with an indigenous species such as Glochideon ferdinandi (Cheese Tree) and/or Banksia serrata (Old Man Banksia) 4.4 The proposed Murraya paniculata, Photinea x fraseri, and Agapanthus orientalis is to be replaced with a wide variety of native and indigenous shrubs and groundcovers 4.5 Two street trees of the species Callistemon viminalis (Weeping Bottlebrush) in 100 litre containers are to be planted on the nature strip within the frontage of the site at distances of 3m from any driveway 4.6 The ramp located on the western side of the side is to be reduced in width by 600mm, and a 600mm wide planter bed is to be provided along the side boundary. The planter bed is to be planted with screening trees with a mature height of 3m at 1m intervals. Reason: To enhance the landscape setting of the development 5 A 10,000 litre rainwater tank with mains water top up is to be installed within the development. The rainwater tank is to be connected to all the toilets within the building. All taps, shower heads, toilets, dishwashers, and washing machines installed within the child care centre are to have a WELS rating of no less than 3 stars. Reason: To ensure that the development complies with the requirements of part 4.1.4 ‘Water Management’ of Parramatta DCP 2005. (b) Further, that objectors be advised of Council’s decision. Note The Lord Mayor, Councillor P B Barber declared an interest in relation to this item as the applicant’s family resides in the same street as Councillor Barber. The Lord Mayor did not retire from the meeting during consideration of this matter.

12.3

SUBJECT 17-21 Woodville Road and 2-4 Milton Street Granville (Lot 100 DP 1013005, Lot 1 DP 743270 and Lot 2 DP 210565) (Elizabeth Macarthur Ward). DESCRIPTION Demolition and construction of a 3 storey commercial building containing a motor showroom over 2 levels of basement parking and a 3 storey commercial building containing a mechanical workshop, auto retail store, cafe and two levels of commercial suites over one level of basement parking. (Location Map - Attachment 1) REFERENCE DA/174/2007 - Submitted 8 March 2007 APPLICANT/S Loui Nicholas OWNERS Loui Nicholas - Winpeg Pty Ltd REPORT OF Manager Development Services

10114

MOTION (Borger/Walsh) That the application be refused for the following reasons:- 1. Unacceptable noise impacts of having a motor vehicle repair shop in close proximity to residential properties. 2. Unacceptable impact on heritage items in the vicinity. 3. Unacceptable impact of vehicle movements into the street and that no adequate assessment has been made of existing businesses such as Premier Cabs. 4. Visual impact on rear of adjacent property. 5. Unacceptable height of the proposal in the neighbourhood. 6. That the garbage bay is unacceptably located beside the adjacent residence. 7. Generation of noise to 92dBA level is unacceptable. AMENDMENT (Garrard/Chedid) That consideration of this matter be deferred pending an on-site meeting. The amendment was put and lost. The motion was put and carried.

12.4

SUBJECT Eastwood Brickworks, 37 Midson Road, Eastwood. (Lot 100 DP 106807) (Lachlan Macquarie Ward)

DESCRIPTION Section 96 (1A) modification to an approved development application for civil subdivision works and a community title subdivision. The modification alters the community title subdivision for the site. (Location Map - Attachment 1)

REFERENCE DA/1723/2003/A - Submitted 13 June 2008

APPLICANT/S AV Jennings BOS Eastwood Development Pty Ltd

OWNERS AV Jennings BOS Eastwood Development Pty Ltd

REPORT OF Manager Development Services

10115

RESOLVED (Wearne/Wilson)

That Council modify development consent No. 1723/2003 dated 5 July 2004 in the following manner:

1 Condition No.1a be added to the consent:

1a. The development is modified in accordance with the following plans listed below and endorsed with Council’s stamp, except where amended by other conditions of this consent:

Drawing N^o	Dated
22425/CDA-1 – Figure 5, Amendment A	8 July 2008
22425/N2DA-1 – Figure 8	29 May 2008
22425/N3DA-1 – Figure 9	29 May 2008

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

2 The description of the development be modified and replaced with the following description:

Civil and subdivision works comprising the construction of the final landform, construction of the internal road network, provision of utility services (gas, sewer, water, stormwater drainage, electricity and communications) and landscaping works, Community Title subdivision providing for a Community Scheme containing 12 lots comprising a Community Lot (lot 1) and 11 Development Lots in Stage 1, and 36 Residential Lots to be included in Neighbourhood Schemes on Lots 2 and 3 (Stages 2 and 3) and 9 Development Lots otherwise that represent the remainder of the site for future development stages and land adjacent to Terry's Creek for dedication to Council as a public reserve.

12.5

SUBJECT 366 Church Street, Parramatta.(Lot A DP 90292) (Arthur Phillip Ward). DESCRIPTION Alterations and additions to a Heritage listed building currently used as a real estate office including a rear first floor extension. (Location Map - Attachment 1) REFERENCE DA/942/2007 - Submitted - 2 November 2007 APPLICANT/S Church St Investments Pty Limited OWNERS Church St Investments Pty Limited REPORT OF Manager Development Services

10116

RESOLVED (Issa/Jamal) That Council grant consent to Development Application No. 942/2007 subject to standard conditions and the following extraordinary conditions: 1 The proposed balcony over Church Street be deleted from the proposal. Amended plans illustrating this shall be submitted with the Construction Certificate. Reason: To maintain the heritage significance of the site. 2 The proposed modification of the central window to Church Street and its subsequent replacement with a ‘French door’ be deleted. Amended plans illustrating this shall be submitted with the Construction Certificate. Reason: To maintain the heritage significance of the site 3 The windows on the rear addition should utilise frames of vertical proportions only. Amended plans illustrating this shall be submitted with the Construction Certificate. Reason: To maintain the heritage significance of the site. 4 The surviving original or early interior features, including staircases, fireplaces, walls and other potentially surviving elements should not be affected by the works. Annotation indicating this shall be provided on plans submitted with the Construction Certificate. Reason: To maintain the heritage significance of the site.

QUESTION TIME

10117	SUBJECT Design Competition Entrants REFERENCE F2006/00601 FROM Councillor D L Borger
	Councillor Borger requested that arrangements be made to enable Councillors to view the major CBD design competition entrants.

10118

SUBJECT A Frames Policy REFERENCE F2007/01027 FROM Councillor P J Garrard

Councillor Garrard advised it was Council’s policy to not permit the placement of A Frame signage on council footpaths. He asked whether officers would ensure adherence to this policy. The Lord Mayor responded that officers would ensure compliance with the policy. Councillor Garrard requested that the Returning Officer for the upcoming election be advised of this policy to ensure that all candidates were aware of the policy’s requirements. The Lord Mayor advised that appropriate correspondence would be forwarded to the Returning Officer.

10119

SUBJECT Recent Works in Marion Street, Harris Park REFERENCE F2005/02552 FROM Clr J D Finn

Councillor Finn indicated that recent works carried out on the northern side of Marion Street, Harris Park required repairs. Councillor Finn particularly referred to the failing road surface and missing cobblestones between Albion and Harris Streets and questioned whether these works were still under warranty. The Lord Mayor advised that he would arrange an inspection of the area and for a subsequent reply to be forwarded to Councillor Finn.

10120

SUBJECT Dangerous Signage REFERENCE F2004/06898 FROM Clr C E Worthington

Councillor Worthington advised that he had recently sent an email to the CEO and relevant Council Officers over the existence of a number of bent “keep left” signs which posed a danger to on coming traffic. He particularly referred to a bent sign in William Street, Granville. Councillor Worthington added that Council’s Operational Liaison Officers should be removing such signage immediately upon identification and questioned whether the signage was, in fact, necessary as medians painted with iridescent paint would overcome any related problems.

10121

SUBJECT Spiked Railings Outside Parramatta Town Hall REFERENCE F2004/08018 FROM Clr C E Worthington

Councillor Worthington advised that he had previously raised concerns over the dangers posed by the spiked railings located adjacent to the Parramatta Town Hall. Councillor Worthington requested that a works order be issued for the immediate removal of the sharp points as this portion of the railings posed a serious OH and S issue. He added that the railings did not complement the building and suggested that as Council was aware of the problem, Council would be liable for any accident that occurred. He further commented that prior to any similar works being carried out in the future, they be placed before Council for consideration.

10122

SUBJECT Women Transported - Life in Australia's Convict Female Factories REFERENCE F2004/06654 FROM Clr M K Walsh

Councillor Walsh requested that the Lord Mayor forward congratulations to Gay Hendrikson and Professor Carol Liston for their outstanding work in association with the subject book and for the event recently staged in documenting the history of the convict women of Parramatta. The Lord Mayor advised that the event had been MC’d by Council’s new CEO. He added that Women Transported had also recently been reported in the Time magazine.

10123	SUBJECT Opening of Beijing Olympics REFERENCE F2008/02918 FROM Clr C X Lim
	Councillor Lim thanked the Lord Mayor, Councillor Finn for her motion, and staff for the event held last Friday supporting the opening of the Beijing Olympics.

10124	SUBJECT Parking Restrictions in Westmead REFERENCE F2008/03211 FROM Clr C X Lim
	Councillor Lim requested that all Councillors be provided with a summary of the meeting held on the evening of 11 August 2008 with representatives of the Western Sydney Health Service and Westmead Hospital regarding parking in Westmead. The Lord Mayor advised that he would arrange for Mr Richard Searle to provide an update to all Councillors.

10125

SUBJECT Spiked Railings outside Parramatta Town Hall (2) REFERENCE F2004/08018 FROM Clr C X Lim

Councillor Lim requested that the CEO provide a memorandum to all Councillors indicating how the dangerous spiked railing located outside the Parramatta Town Hall came to be approved. Particularly, he requested advice as to how this proposal avoided internal risk processes, OH and S issues and Councillor comment. The Lord Mayor responded that an appropriate memorandum would be provided to all Councillors.

10126

SUBJECT Street Stalls During Election REFERENCE F2007/01027 FROM Clr A Issa OAM

Councillor Issa sought advice as to whether approval was required by political parties to conduct street stalls during the period leading up to the Local Government Election. If so, he sought approval for the Liberal Party to conduct street stalls in the Parramatta area. The Lord Mayor replied that a notice of motion would be required or normal channels would need to be followed to seek approval for street stalls.

10127

SUBJECT Roller Shutters in Parramatta Area REFERENCE F2007/01308 FROM Clr A A Wilson

Councillor Wilson advised that Phillip Street, Parramatta was not an appropriate place for the installation of roller shutters. He referred to an instant where a restaurant in Phillip Street had been issued with an order to remove roller shutters and such order had been ignored. Development Services had subsequently agreed with the restaurant’s reasoning to ignore the order and had not pursued the removal of the shutters. The Lord Mayor advised that changes in December 2007 to the City Centre LEP made such alterations exempt.

10128

SUBJECT Distribution of Political Pamphlets REFERENCE F2007/01027 FROM Clr A A Wilson

Councillor Wilson advised that Julie Owens MP had set up a tent and had been distributing political pamphlets. He added that he supported political expression in the 4 week period leading up the election but questioned whether enforcement would be carried out evenly for all parties. The Lord Mayor advised enforcement would be carried out evenly and that he would seek further advice on this matter.

10129	SUBJECT Footpath outside 79 Epping Avenue, Epping REFERENCE F2004/06838 FROM Clr L E Wearne
	Councillor Wearne advised that the footpath outside the subject premises was raised and needed replacement.

10130	SUBJECT Present Position of Operational Liaison Officers (OLO) REFERENCE F2008/00167 FROM Clr L E Wearne
	Councillor Wearne sought advice on the present position with regard to the appointment of Operational Liaison Officers. Currently the Lachlan Macquarie Ward did not have an appointed OLO.

10131

SUBJECT Implementation of Councillor/Service Requests REFERENCE F2007/01263 FROM Clr J Chedid

Councillor Chedid referred to a recent on site meeting held in Oatlands and particularly to the proliferation of white lines and no stopping signs in the area. He had subsequently requested the removal of certain signs which had been agreed to by staff. The signs, however, were still in place. Councillor Chedid advised that there were certain instances of community safety where requests needed to be completed within 2 or 3 days, however, this was not happening. He added that whilst the concept of service requests was good, the CRM system was not effective and needed investigation. He further added that a system operating in Development under Kim Marsh was, however, functioning well. Councillor Chedid further advised that the issue of OLO’s needed to be investigated, perhaps with the implementation of a quality control officer to look at all requests. The Chief Executive Officer, Dr Lang, advised that this matter was strongly on his agenda and that he had asked for a review of the effectiveness of the OLOs. He would report back to Council on this issue.

The meeting terminated at 10.28 pm.

THIS PAGE AND THE PRECEDING 24 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON MONDAY, 11 AUGUST 2008 AND CONFIRMED ON MONDAY, 25 AUGUST 2008.

Lord Mayor