Minutes of Regulatory Council

MINUTES OF THE Meeting of Parramatta City Council HELD IN THE Council Chambers, CIVIC PLACE, PARRAMATTA ON Monday, 8 September 2008 AT 6:50 pm

PRESENT

The Lord Mayor, Councillor P B Barber in the Chair and Councillors 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 (arrived 8.32 pm), M K Walsh, L E Wearne, A A Wilson (retired 10.22 pm) 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 25 August 2008

10161

RESOLVED (Esber/Brown)

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

APOLOGIES

10162 RESOLVED (Esber/Finn)

That an apology be received and accepted for the absence of Councillors D L Borger MP and B W Prudames and it be noted that Councillor C X Lim will be arriving late at the meeting.

DECLARATIONS OF INTEREST

1 Councillor J D Finn declared a pecuniary interest in relation to Item 12 of Development Applications regarding Parramatta Stadium 11-13 O'Connell Street, Parramatta as Councillor Finn is a Member of the Parramatta Park Trust.

Councillor J D Finn also declared a non pecuniary interest in relation to Item 5 of Development Applications regarding 1 Cambridge Street, Harris Park as the owner of the property is a friend of a friend of Councillor Finn.

2 Councillor P Esber declared a non pecuniary interest in relation to Item 5 of Development Applications regarding 1 Cambridge Street, Harris Park as he is the owner of a neighbouring property.

MINUTES OF THE LORD MAYOR

4.1

SUBJECT Retiring Parramatta City Councillors

REFERENCE F2004/06187

FROM The Lord Mayor, Councillor Paul Barber

10163

RESOLVED (Barber/Esber)

(a) That this Council honour the huge contribution made by each of the five retiring Councillors - Chris Worthington, David Borger, Brian Prudames, Anita Brown and Omar Jamal – who are not standing for the election on Saturday, 13 September 2008.

(b) That this Council thanks all Councillors who have served Parramatta since March 2004 and worked to make our LGA a better place.

(c) Further, that Council stage an evening farewell event for these and other departing Councillors on Friday, 26 September 2008 from 6.00pm to 8.00pm. The venue is to be advised.

NOTE: Councillor J Chedid arrived at the meeting at 6.54 pm during consideration of this matter.

SUBJECT Parramatta Congratulates New Premier

REFERENCE F2004/08773

FROM The Lord Mayor, Councillor P B Barber

10164

RESOLVED (Barber/Walsh)

(a) That Council congratulates The Hon Nathan Rees, the MP of Toongabbie on becoming the new Premier of NSW.

(b) Further, that the Lord Mayor write to Premier Rees offering Council’s congratulations, noting Nathan’s long connection to Parramatta and welcoming the opportunity to work together, with other local MPs, to advance the interests of Western Sydney.

NOTE: Councillor A A Wilson left the meeting at 7.52 pm during consideration of this matter.

Public Forum

5.1

SUBJECT Various Issues

REFERENCE DA/724/2004/A -

10165

FROM Mr Bruce Berry

QUESTIONS

By Mr Bruce Berry:-

“At Council Meeting on 10 June 2008 I asked questions about Council’s involvement in building projects in our area. This followed Council’s claim that all my questions have been fully answered and with it referring the matters to the Ombudsman. The Ombudsman’s response was that the issues are best dealt with between Council and me. I have insisted that this can only occur if Council adopts a more open and reasonable approach, including the supply of evidence to support its claims.

My questions at the 10 June meeting were not answered at the time. Instead, I was told that I would receive a comprehensive reply which would also include a response to my letter dated 19 May 2008. The reply arrived, dated 9 July 2008. It is far from being ‘comprehensive’. Three large sections of my letter have been avoided under the comment:- ‘Your comments have been noted.’ Other issues remain unresolved in the face of our strong supporting evidence.

My questions are only some of those I feel justified in asking and making public. Any questions that are disallowed because of time limits, I place on notice for later public forums.

Question 1: Public Safety and Amenity

1.1 Council has admitted to oversights in not obtaining a Construction Management Plan before issuing a Construction Certificate for 95 Kissing Point Road Dundas. Does it also admit that it has endangered the public in not ensuring that safety hoardings were put up over the public walkway, as required by the CMP to protect the public from falling bricks during brick laying and from excavation in the walkway?

1.2 Why was it that approval for the hoarding was not given until two days before expiry period, presumably after the dangerous work was completed?

1.3 What is Council’s description of this hoarding and of the other one which, it says, was erected illegally, neither of which any of us saw?

1.4 I ask again why two senior Council Officers said that a permit had been issued for laneway closure, while the Records Section said that there are none in the files, and I have also not been supplied with the copy I requested.

Question 2: Investigation into Council’s Compliance Section

This investigation was instigated by ICAC following its findings that corruption had occurred within the Compliance Unit. Council has produced a Report on what was to be a ‘rigorous review’ under ICAC recommendation.

2.1 A monthly review of ‘closed items’ will be carried out. What are ‘closed items’?

2.2 Do they include those items that Council has claimed it has fully answered, covering four development sites in my area? How many ‘closed items’ have been reviewed since 28 April 08, when the Report was introduced to Councillors?

2.3 A ‘peer review’ is being negotiated with Bankstown and Sydney Councils. What is a ‘peer review’? How far have the negotiations progressed?

2.4 If it is correct that Parramatta Council was the first Council to obtain Utility Orders under the new legislation, is it because this Council is the only one to receive recommendation from ICAC for rigorous review of its Compliance Section? What are Utility Orders?

2.5 How can ‘enhancement of qualification requirements’ enable greater rotation in Development?

2.6 How can replacement of Team Leaders when they go on leave be regarded as rotation?

2.7 Of what significance is it that a Team Leader, Compliance, was once an assessment officer?

2.8 Why is it that the Report provides no statistics on 85% of Service Requests into investigations of breaches of development consents? In the absence of these statistics, what evidence is there that these inspections were carried out? The number of these unverified inspections is 240. How will such a situation discourage Council Officers from failing to carry out inspections or of giving warnings of proposed inspections, in the manner revealed by ICAC in the Wade Friar corruption investigation?

Question 3: Site Inspections

Council has told me that records of inspections are only formally required in order to proceed with action against an offence.

3.1 Why, then, have I been unable to obtain details, including dates of inspections carried out by the Development Unit, which were necessary to monitor some five offences outlined in the Notice served by the certifier? (1 St Andrews Pl Rydalmere).”

NOTE: At this stage the Lord Mayor advised that the 5 minutes permitted for each Public Forum question has now expired. The remaining questions although tabled at the meeting, were not read to the gallery.

“3.2 Why is it that I was provided with such details from the Rangers on parking inspections, even when offences had not occurred, but I was given no specific details on inspections by Development regarding breaches of conditions of consent? These inspections were to occur on a weekly basis, as distinct from Rangers’ inspections. The breaches continued throughout the whole building stages, as shown in photos submitted to Council.

3.3 What evidence does Council have that it enforced all the issues in the Notice issued by the certifier, and where it did not enforce them, for what reasons?

3.4 I asked for details of the ‘ongoing improvements’ in inspection routines. They were not provided to me. Will they eliminate incompetence of the type seen at 27-29 Calder Rd Rydalmere where one Council Officer reported that Curt Orders had been complied with, while another said that they hadn’t? This followed the incompetence of 6 years ago, when another officer approved the landscaping, but with Council later spending a lot of resources in Court to prove that the correct landscaping had not been installed. This has resulted in the failure to provide almost all the screening trees along our rear boundary. Council has allows substitute trees and fewer than shown on the plans.

Question 4: Deviations from Plans/Construction Certificate Irregularities

Council took no action against the removal of all windows in the eastern and western elevations at 95 Kissing Point Road. It totalled 14 windows.

4.1 If all these windows were deleted despite being shown on the approved plans ‘to comply with the Building Code of Australia’, why were these non complying plans approved by Council in the first place?

4.2 If these 14 fixed, obscure glass windows were not provided for ‘the sole purpose of articulation and lighting’, for what other reason were they proposed and approved?

4.3 Why has Council approved windows without sprinklers in other building projects, within 3 metres of a boundary, when it claims that a reason for deleting these windows is to avoid the need for sprinklers?

4.4 Senior Management has said that an acceptable method of fire protection is required for these ‘openings’. Are they aware that these fixed windows are not ‘openings’?

4.5 How can it be that ‘the certifier has considered the deletion of the windows in issuing the construction certificate’, so that, presumably, Section 96 application for these extensive external deletions is not required, when none of the plans (construction certificate, approved, amended or previous Section 96 plans) show deletion of these windows? The certifier was Council.

4.6 Why was S96 application necessary for deletion of one very remote window at 22-24 Joseph St, when these 14 very prominent windows were deleted without any application whatsoever?

4.7 Why have I still not been given the opportunity to view the construction certificate plans after applying for it under Section 12 of the LG Act on 31 August 2007 and on 30 May 2008? I want to verify that no other irregularities have occurred such as issue of the construction certificate before the amendments were made.

Question 5: Unapproved Construction Zones and Practices in Public Areas

5.1 How can there be ‘no requirement for a construction zone approval’ when condition 21 (95 Kissing Pt Rd) sates:- ‘Any use of the footpath or road reserve for construction purposes required Council approval under the Roads Act 1993’?

5.2 In response to my complaint, with photographic evidence, that construction activities had occurred from the street and footpath, Council’s response was:- ‘The builder is subject to the standard road rules for parking legally and may operate from a roadway when parked legally’. Is Council aware that no parking is allowed at any time in Kissing Pt Rd, especially in a bus stop?

5.3 Why is it that Council took no responsibility, as certifier for the site, for damage to the school’s trees on the grounds that the works occurred outside the site, when, on the other side of the site and outside it, it claims to have acted on the hoardings issue, laneway restoration, supervision of damage to private property?

5.4 How can Council claim that condition 59 (which states that excavation under the trees must be supervised by an arborist), does not apply because the trees were not recommended trees, when the condition applied to all trees to be retained, either on or adjoining the site whether recommended or not? The damage to the trees was so great that the arborist declared them dangerous. They stood in the school grounds for 9 months before removal. What action did it take on illegal work on the public holiday? If none, why not, in view of the fact that it claims to have taken action on a similar offence at 1 St Andrews Pl.“

RESPONSE By The Lord Mayor – Councillor P B Barber:-

“Thank you Mr Berry for your questions. I note that many of the questions that you have asked tonight are similar to questions that you have asked at previous public forums and in written correspondence, and that you remain dissatisfied with the responses that you have received on those prior occasions.

The questions that you again ask tonight require detailed investigation to enable comprehensive responses to be provided to you. As a result, responses to your questions will not be provided tonight, but rather a written response will be provided within the next 3 weeks.”

NOTE: 1 Councillors J Chedid (7.57 pm), L E Wearne (7.57 pm) and A Issa, OAM (8.01 pm) left the meeting during consideration of this matter.

2 Councillor A A Wilson returned to the meeting at 7.59 pm during consideration of this matter.

5.2

SUBJECT Development Application - 171-187 Parramatta Road, Granville

REFERENCE DA/1071/2005

FROM Mr Barry Benson

10166

“On 3^rd September, I received a response to my Public Forum Question regarding the total costs incurred by Council in conducting their defence of a decision to refuse a Development Application for 171-187 Parramatta Road, Granville.

Question 1: Would the Lord Mayor now confirm verbally and in writing that the total cost to Council in defence of that appeal was $82,044.00?

Question 2: That Council’s share of the Costs for Evidence from the Air Scientist was $6,667.00?

Question 3: Is Council telling the community that the sum of $13,334.00 (shared) was paid to an Air Scientist for what appears to be an assumption (albeit an expert assumption) based on outdated technology, outdated data from the RTA and a defunct EPA monitoring site for a particulate that was not the one described in written objections?

Question 4: As no physical monitoring of the site took place it appears that the air scientist has been paid for sitting at a computer and attending Court for three days at the rate of $4,444.00 a day? Has Council substantiated these costs?

Question 5: Is Council telling the community that the remaining balance of those costs, $75,377.00 was apportioned between a solicitor and a barrister for appears to be four days at Court appearances of $18,844.25 a day. Has Council substantiated these costs?

Question 6: If these figures are not correct would Council now provide a breakdown of those costs?”

RESPONSE By Manager Development Services – Louise Kerr:-

“Question 1: As stated in Council’s letter of 3 September 2008, the total cost incurred by Parramatta Council to defend the Class 1 appeal for DA/1071/2005 for 171 Parramatta Road was $82,044.

Question 2: As stated in Council’s letter of 3 September 2008, the costs incurred by Parramatta Council for the Court Appointed Expert who provided the Land & Environment Court expert advice on air quality issues associated with the proposed development was $6,667.

Question 3: As previously stated Parramatta Council contributed 50% to the total costs associated with the expert who was appointed by the Land & Environment Court to provide expert advice on air quality issues associated with the proposed development.

Question 4: All costs incurred by the Court appointed expert as part of the Class 1 appeal have been reviewed and scrutinised by both Council’s Legal Services Support Officer and Council’s solicitors for the matter prior to payment being authorised. These costs include the expert’s time involved in reviewing all documents, submissions and plans associated with the proposed development, preparation of a written statement of evidence tendered to the Land & Environment Court and attendance at the hearing.

Question 5: The fees incurred by Parramatta Council for the Class 1 appeal include professional fees for Council’s solicitors, barrister and Court appointed expert in successfully defending the appeal. Expenses incurred are not just related to attendance at the 3 day hearing but include all legal and professional expenses incurred since the lodgement of the class 1 appeal on 23 July 2007.

All of the costs incurred have been reviewed and scrutinised by Council’s Legal Services Support Officer prior to payment being authorised.

Question 6: The costs associated with the Class 1 appeal as stated in the earlier responses are correct.”

NOTE: Councillors J Chedid and L E Wearne returned to the meeting at 8.05 pm during consideration of this matter.

DEVELOPMENT APPLICATIONS REFERRED FOR ON SITE MEETINGS

7.1

SUBJECT List of Future Onsite Meetings

REFERENCE F2004/08629 - D01010140

REPORT OF Manager Development Services. Also Acting Team Leader Development Assessment Memorandum dated 2 September 2008 and 8 September 2008.

10167

RESOLVED (Worthington/Esber)

(a) That the list of proposed onsite meetings appended as Attachment 1 to this report be adopted with the alterations as detailed in Acting Team leader Development Assessment Memorandum dated 2 September 2008 and 8 September 2008 as follows:-

1 The withdrawal of the on site meeting for 42 Bettington Road, Oatlands and its replacement with an on site meeting for 279 Victoria Road, Rydalmere;

2 The deletion of the on site meeting listed for 11 October 2008 for 278 – 284 Woodville Road.

(b) That the Councillor Support Officer’s forward invitations for each onsite meeting in line with individual Councillors’ requirements and as well as individual invitations, dates be included in the Councillors’ Information Booklet.

(d) Further, that a standard format petition be included on the Council’s website.

Regulatory Reports

8.1

SUBJECT Lots 2-14, 16 Dorahy Street, Dundas

DESCRIPTION Lots 2 to 14, 16 Dorahy Street, Dundas. Land and Environment Court Appeal Nos. 10592 to 10604 of 2008

REFERENCE F2008/02985

APPLICANT/S Defence Housing Australia

OWNERS Defence Housing Australia

REPORT OF Manager Development Services. Also Manager Development Services Memorandum dated 8 September 2008.

10168

RESOLVED (Chedid/Wilson)

(a) That consideration of this matter be deferred for 1 month and in the meantime, further legal advice from a different law firm, based on an on site meeting by that firm, be obtained on this issue.

(b) That attempts be made to delay the upcoming hearing.

(c) Further, that a report be prepared by Council’s legal team indicating how many times a legal opinion has been expressed recommending against defending a refusal which has utlimately been successfully defended in court.

NOTE: 1 Councillor A Issa, OAM returned to the meeting at 8.15 pm during consideration of this matter.

2 Councillor C X Lim arrived at the meeting at 8.32 pm during consideration of this matter.

ADJOURNMENT OF MEETING

In accordance with Council's decision of 23 October 2000 (Minute No 5712) the meeting adjourned at 8.46 pm for a period of 19 minutes.

RESUMPTION OF MEETING

The meeting resumed in the Council Chamber at 9.05 pm, there being in attendance The Lord Mayor, Councillor P B Barber and Councillors 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.

DEVELOPMENT APPLICATIONS TO BE ADOPTED WITHOUT DISCUSSION

10169 RESOLVED (Esber/Lim)

That Item Number 1 of Domestic Applications and Items 1, 2 and 11 of Development Applications as listed on the Agenda for the Council Meeting held on 8 September 2008 be adopted in accordance with the Officer’s recommendation.

DEVELOPMENT APPLICATIONS TO BE BROUGHT FORWARD

ITEMS TO BE BROUGHT FORWARD

Due to the presence of interested persons in the public gallery, items 4, 8 and 9 of Development Applications were brought forward and considered immediately.

Reports - Domestic Applications

11.1

SUBJECT 20 Hewlett Street Granville. (Lot 3 DP 775950) (Elizabeth Macarthur Ward)

DESCRIPTION Demolition of an existing garage and construction of a new garage. (Location Map - Attachment 1)

REFERENCE DA/340/2008 - Submitted 15 May 2008

APPLICANT/S Miss F Zheng

OWNERS Miss F Zheng

REPORT OF Manager Development Services

RECOMMENDATION

That Council grant consent to Development Application No. 340/2008 subject to standard conditions and the following extraordinary condition.

1. The proposed colour scheme of the garage is to incorporate neutral tones with the garage roof being the same or of similar colours to the existing dwelling to minimise the visual impact of the garage. Details of the proposed colour schedule are to be submitted to the nominated PCA’s satisfaction.

Reason: To ensure that the colours will compliment the Heritage Item

NOTE: This matter was adopted under Minute No 10169 – Council Matters To Be Adopted Without Discussion.

Reports - Development Applications

12.1

SUBJECT 1 Grand Avenue, Camellia. (Lot 1 in DP 721503)

DESCRIPTION Proposed Torrens and Stratum subdivision of land into two lots. (Location Map - Attachment 1)

REFERENCE DA/472/2008 - Submitted 2 July 2008

APPLICANT/S Billbergia Group Pty Ltd

OWNERS Billbergia Group Pty Ltd (Licensed Water Servicing Coordinator acting as an agent for Sydney Water)

REPORT OF Manager Development Services

RECOMMENDATION

That development application No. 472/2008 be approved, subject to standard conditions.

NOTE: This matter was adopted under Minute No 10169 – Council Matters To Be Adopted Without Discussion.

12.2

SUBJECT Macarthur Girls High School - 9 Thomas Street (1 Macarthur Street) Parramatta (Lots 1 & 2 DP 797543)

DESCRIPTION Construction of a toilet block (Crown Development). (Location Map - Attachment 1)

REFERENCE DA/225/2008 - Submitted 4 April 2008

APPLICANT/S Department of Education & Training

OWNERS Department of Education & Training

REPORT OF Manager Development Services

RECOMMMENDATION

(a) That Council grant consent to Development Application No. 225/2008 subject to the following conditions which need to be approved by the applicant (the Crown) before being finalised:

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
Site Plan, Drawing No A4 of 0713	June 2008
Floor Plan & Elevations, Drawing No A1 of 0713	November 2007
Section & Internal Elevations, Drawing No A2 of 0713	November 2007
Structural Details, Drawing No A3 of 0713	November 2007

Document(s)	Dated
Arborist Report, prepared by Australian Tree Consultants Pty Ltd	July 2008

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

2. The applicant is to obtain an Excavation Permit or an exemption under Section 140 of the Heritage Act 1977 from the NSW Heritage Council and is to lodge a copy of the permit/exemption together with a copy of the Excavation Permit application with Council’s Heritage Advisor prior to any works commencing on site.

Reason: To comply with legislative requirements and to protect potential archaeological relics.

3. All building works must be carried out in accordance with the technical provisions of the State’s building laws (i.e. the Building Code of Australia).

Reason: To comply with the Environmental Planning Assessment Act 1979, as amended and the Environmental Planning Assessment Regulation 2000.

4. The toilet block shall incorporate appropriate facilities for people with a disability in accordance with the design criteria in AS1428.1 (2001) - Design for Access and Mobility - General Requirements for Access - New Building Work.

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

5. The construction site must be enclosed with a suitable security fence to prohibit unauthorised access prior to works commencing.

Reason: To ensure public safety.

6. Erosion and sediment control devices are to be installed prior to the commencement of any excavation or construction works upon the site. These devices are to be maintained throughout the entire excavation and construction phases of the development and for a minimum three (3) month period after the completion of the project, where necessary.

Reason: To ensure soil and water management controls are in place before site works commence.

7. Building work may only be carried out six (6) days a week, Monday to Friday between the hours of 7.00am to 8.00pm and Saturday 8.00am to 8.00pm. No work is permitted to be carried out on Sundays or Public Holidays.

Reason: To protect the amenity of the area.

8. Noise from construction and excavation activities associated with the development shall comply with the NSW Environment Protection Authority’s Environmental Noise Manual and the Protection of the Environment Operations Act 1997.

Reason: To protect the amenity of the area.

9. No materials, machinery, signs or vehicles used in or resulting from the construction or demolition relating to the development shall be stored or placed on Council's footpath, nature strip or roadway.

Reason: To ensure safe pedestrian access.

10. Dust control measures shall be implemented during all periods of earth works, excavation and construction in accordance with the requirements of the NSW DEC. Dust nuisance to surrounding properties should be minimised.

Reason: To protect the amenity of the area.

11. The following trees are to be retained and protected.

Tree No	Botanical Name	Setback Required
2	Lophostemon confertus (Brush Box)	3m
3	Pinus pinea (Stone Pine)	5m
4	Eucalyptus moluucana (Grey Box)	4m

Note: Tree numbers refer to the submitted arborist report prepared by Australian Tree Consultants Pty Ltd.

Reason: To protect existing significant trees.

12. The following trees are permitted for removal.

Tree No:

Botanical Name

Health /

Condition

Cinnamomum camphora

(Camphor Laurel)

Inappropriate species

Eucalyptus sp.

Damage to structural roots.

Note: Tree numbers refer to the submitted arborist report prepared by Australian Tree Consultants Pty Ltd.

13. Retained trees or treed areas shall be fenced with a 1.8m high fully supported chainmesh to minimise disturbance to existing ground conditions within the canopy drip line or a setback as specified on the approved landscaping plan for the duration of the construction works. “Tree Protection Zone’ signage is to be attached to protective fencing.

Reason: To protect the environmental amenity of the area.

14. No materials (including waste and soil), equipment, structures or goods of any type are to be stored, kept or placed within 3 metres of the dripline of any tree.

Reason: To ensure the protection of the tree (s) to be retained on the site.

15. The consent from Council is to be obtained prior to any pruning works being undertaken on any tree, including tree/s located in adjoining properties. Pruning works that are to be undertaken must be carried out by a certified Arborist. This includes the pruning of any roots that are 30mm in diameter or larger.

Reason: To ensure the protection of the tree (s) to be retained.

16. No work of any description is to occur in or above the Tree Protection Zone except under the supervision of the Consulting Arborist and in accordance with a Work Methodology Statement developed by the Consulting Arborist and approved by Council’s Landscape Officer prior to its implementation. This includes, but is not limited to handling, construction hoarding, site sheds, and pedestrian/machinery access.

Reason: To ensure the trees protection throughout the construction works.

NOTE: This matter was adopted under Minute No 10169 – Council Matters To Be Adopted Without Discussion.

12.3

SUBJECT 235 Church Street, Parramatta (Commonwealth Bank) (Lots 1 & 2 in DP 205570)

DESCRIPTION Installation of business identification signs. (Location Map - Attachment 1)

REFERENCE DA/282/2008 - Submitted 24 April 2008

APPLICANT/S Bovis Lend Lease Pty Ltd

OWNERS Boti Investments Pty Ltd

REPORT OF Manager Development Services

10170

RESOLVED (Finn/Lim)

That DA No. 282/2008 which seeks approval for façade, projecting wall and awning business identification signs be approved, subject to standard and the following extraordinary conditions:

1. Significant building elements, features, fixtures, fittings and fragile materials shall be adequately protected during the works from potential damage. Protection systems must ensure that historic fabric is not damaged or removed.

Reason: To comply with the requirements of the Heritage Council.

2. A maximum of 3 window signs shall be installed along the George Street elevation.

Reason: To reduce clutter.

12.4

SUBJECT 479 Kissing Point Road, Ermington. (Lachlan Macquarie Ward) (Lot 18A in DP 440585).

DESCRIPTION Demolition of dwelling house and construction of a two storey boarding house containing 13 bedrooms (8 at ground floor level and 5 at first floor level). (Location Map - Attachment 1)

REFERENCE DA/255/2008 - Submitted 17 April 2008

APPLICANT/S Mark Makhoul

OWNERS Tony & Eleanora Boyagi

REPORT OF Manager Development Services

10171

MOTION (Garrard/Jamal)

(a) That Council grant its consent to DA/255/2008 for the demolition of a dwelling house and construction of a two storey dwelling to be used as a boarding house at 479 Kissing Point Road, Ermington, subject to standard and the following extraordinary conditions:

1. The boarding house shall be limited to a maximum occupancy of 15, with only Bedrooms 1 and 9 being capable of accommodating 2 persons. Bedrooms 2-8 and 10-13 shall be limited to 1 person only.

Reason: To control the intensity of the development.

2. The outdoor areas shall not be used after 10.00pm and before 6.00am, 7 days per week.

Reason: To protect neighbour amenity.

3. A 24-hour phone number shall be supplied to each occupant so that contact may be made with the manager.

Reason: To ensure proper management of the premises.

4. The manager shall ensure that a notice is placed near the entrance to the property in a visible position to the public advising of his name and contact number.

Reason: To ensure proper management of the premises.

5. The premises shall require licensing pursuant to the Youth and Community Services Act 1973 should one or more occupant be diagnosed as having a disability.

Reason: Legislative requirement.

6. That each occupant shall be furnished with a set of house rules and a copy of this consent and that no variation shall be permitted without the further approval of Council.

Reason: To ensure proper management of the premises.

7. That the manager shall maintain a computer record of all residents with details of their names, length of stay, number of persons in each room, and that such record shall be made available to Council when requested.

Reason: To ensure that appropriate records are kept.

8. All residents in the boarding house are to sign a lease or licence agreeing to comply with the boarding house rules, with the length of the lease to be determined by the management on the explicit understanding that accommodation is not to be provided on a temporary basis to tourists. The length of lease considered appropriate is to be not less than 3 months.

Reason: To ensure that appropriate records are kept.

9. The manager, upon signing of the lease or licence agreement, shall provide boarders with a key to their individual room and common areas.

Reason: To ensure tenant amenity.

10. Additional house rules shall be prepared by the manager of the premises and furnished to Council, in relation to such matters as the keeping of pets, noise, cleaning of outdoor areas and general use of outdoor areas.

11. A copy of the house rules shall be placed in prominent locations on the site, including in all communal areas, behind doors in bedrooms, and upon the rear façade of the dwelling, in order to familiarise residents of the boarding house with acceptable activities .

Reason: To ensure that residents of the boarding house are familiar with the local house rules.

12. Individual rooms are to be restricted to plug-in appliances such as microwave oven, toasters, kettles and the like.

Reason: Fire safety.

13. The individual rooms and common areas are to be maintained in a clean and tidy state and individual’s rubbish is to be placed in the appropriate receptacles.

Reason: To ensure proper management of the premises.

14. No fire, candles or naked flames are permitted within individual rooms – this includes smoking.

Reason: Fire safety.

15. Any advertising of the property shall clearly state that it provides a principle place of residence for residents and not temporary stay accommodation for persons on recreational pursuits, with tariffs displaying cost per week, not per night.

Reason: To ensure compliance with the terms of this consent.

16. The kitchen shall be made available for residents 24 hours per day, 7 days per week.

Reason: To ensure suitable amenity for occupants.

17. Doors to the kitchen and common areas are to be clear glazed.

Reason: Safety reasons.

18. Dining shall be encouraged within one of the ground floor internal common areas, so as not to isolate residents.

Reason: To ensure suitable amenity for occupants.

19. All lighting on the site shall be designed to ensure no adverse impact on the amenity of surrounding residential development 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.

20. An operational plan of management in one complete document shall be submitted prior to the use commencing and submitted to Council to form part of this consent, addressing such matters as:

- minimisation of anti-social behaviour;

- site security;

- noise management;

- lighting;

- fire safety;

- any other management/operational issue raised by these conditions of consent.

Reason: To ensure that management details are contained in one document.

21. The kitchen shall be made available for residents 24 hours per day, 7 days per week and the applicant shall ensure that basic facilities in good working order are provided, including, but not limited to:

 a large refrigerator;

 a regular and a microwave oven;

 dishwashing facilities;

 waste disposal;

 personal hygiene (soap, paper towels and the like);

 food storage space;

 a bench top for food preparation.

Reason: To protect the amenity of boarding house residents.

22. Smoke alarms must be installed on or near the ceiling in every bedroom and in every corridor or hallway associated with a bedroom, or if there is no corridor or hallway, in an area between the bedrooms and the remainder of the building.

Reason: In order to comply with the requirements of Part 3.7.2.4 of the Building Code of Australia (Location).

23. The applicant shall supply a single bed for each single occupancy room (including base, a mattress with a minimum dimension of 800mm x 1900mm and a mattress protector).

Reason: To ensure suitable amenity for occupants.

24. In addition to the above, the applicant shall also ensure that each room is provided with the following basic facilities:

 Wardrobe;

 Mirror;

 Table & Chair;

 Small bar fridge;

 A night light or other approved illumination device for each bed;

 Coffee and tea making facilities;

 Waste container;

 An approved latching device on the door;

 Curtains, blinds or similar privacy device;

 A phone line.

All room furnishings shall be detailed in the Plan of Management.

Reason: To provide suitable amenity for occupants.

25. The premises shall comply with fire safety regulations pertinent to a Class 3 building, being a boarding house with greater than 12 occupants.

Reason: To comply with the BCA.

26. In relation to the laundry, the following are to be provided:

 One 5kg capacity automatic washing machine and one domestic dryer;

 At least one large laundry tub with running hot and cold water; and

 30 metres of clothesline in an outdoor area (can be retractable).

Reason: For the amenity of occupants.

27. The applicant/developer shall contact Council’s Waste Unit to discuss the provision of a 240 litre bin for the collection of waste and the provision of a 240 litre bin for recycling. Services over and above the frequency and volume provided by Council shall require a private contracting service.

Reason: To ensure adequate waste removal.

28. The boarding house and immediate surrounds shall be kept in a tidy and sanitary condition at all times.

Reason: To maintain the amenity of the area.

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

The motion was withdrawn by the mover.

MOTION (Wilson/Wearne)

(a) That consideration of this matter be deferred until after the Council Elections.

(b) That the applicant be requested to relocate the courtyard to the other side of the building.

Noise control and use of outdoor areas;
Cleaning;
Proximity to transport;
Proximity to shops and services;
Rubbish removal;
Common dining rooms;
External lighting;
Car Parking;

and all other relevant matters.

AMENDMENT (Lim/Jamal)

1. The boarding house shall be limited to a maximum occupancy of 15, with only Bedrooms 1 and 9 being capable of accommodating 2 persons. Bedrooms 2-8 and 10-13 shall be limited to 1 person only.

Reason: To control the intensity of the development.

2. The outdoor areas shall not be used after 10.00pm and before 6.00am, 7 days per week.

Reason: To protect neighbour amenity.

3. A 24-hour phone number shall be supplied to each occupant so that contact may be made with the manager.

Reason: To ensure proper management of the premises.

4. The manager shall ensure that a notice is placed near the entrance to the property in a visible position to the public advising of his name and contact number.

Reason: To ensure proper management of the premises.

5. The premises shall require licensing pursuant to the Youth and Community Services Act 1973 should one or more occupant be diagnosed as having a disability.

Reason: Legislative requirement.

6. That each occupant shall be furnished with a set of house rules and a copy of this consent and that no variation shall be permitted without the further approval of Council.

Reason: To ensure proper management of the premises.

Reason: To ensure that appropriate records are kept.

9. The manager, upon signing of the lease or licence agreement, shall provide boarders with a key to their individual room and common areas.

Reason: To ensure tenant amenity.

Reason: To ensure that residents of the boarding house are familiar with the local house rules.

12. Individual rooms are to be restricted to plug-in appliances such as microwave oven, toasters, kettles and the like.

Reason: Fire safety.

13. The individual rooms and common areas are to be maintained in a clean and tidy state and individual’s rubbish is to be placed in the appropriate receptacles.

Reason: To ensure proper management of the premises.

14. No fire, candles or naked flames are permitted within individual rooms – this includes smoking.

Reason: Fire safety.

Reason: To ensure compliance with the terms of this consent.

16. The kitchen shall be made available for residents 24 hours per day, 7 days per week.

Reason: To ensure suitable amenity for occupants.

17. Doors to the kitchen and common areas are to be clear glazed.

Reason: Safety reasons.

18. Dining shall be encouraged within one of the ground floor internal common areas, so as not to isolate residents.

Reason: To ensure suitable amenity for occupants.

Reason: To protect the amenity of surrounding residents.

20. An operational plan of management in one complete document shall be submitted prior to the use commencing and submitted to Council to form part of this consent, addressing such matters as:

- minimisation of anti-social behaviour;

- site security;

- noise management;

- lighting;

- fire safety;

- any other management/operational issue raised by these conditions of consent.

Reason: To ensure that management details are contained in one document.

 a large refrigerator;

 a regular and a microwave oven;

 dishwashing facilities;

 waste disposal;

 personal hygiene (soap, paper towels and the like);

 food storage space;

 a bench top for food preparation.

Reason: To protect the amenity of boarding house residents.

Reason: In order to comply with the requirements of Part 3.7.2.4 of the Building Code of Australia (Location).

23. The applicant shall supply a single bed for each single occupancy room (including base, a mattress with a minimum dimension of 800mm x 1900mm and a mattress protector).

Reason: To ensure suitable amenity for occupants.

24. In addition to the above, the applicant shall also ensure that each room is provided with the following basic facilities:

 Wardrobe;

 Mirror;

 Coffee and tea making facilities;

 Waste container;

 An approved latching device on the door;

 Curtains, blinds or similar privacy device;

 A phone line.

All room furnishings shall be detailed in the Plan of Management.

Reason: To provide suitable amenity for occupants.

25. The premises shall comply with fire safety regulations pertinent to a Class 3 building, being a boarding house with greater than 12 occupants.

Reason: To comply with the BCA.

26. In relation to the laundry, the following are to be provided:

 One 5kg capacity automatic washing machine and one domestic dryer;

 At least one large laundry tub with running hot and cold water; and

 30 metres of clothesline in an outdoor area (can be retractable).

Reason: For the amenity of occupants.

Reason: To ensure adequate waste removal.

28. The boarding house and immediate surrounds shall be kept in a tidy and sanitary condition at all times.

Reason: To maintain the amenity of the area.

The amendment was put and lost.

The motion was put and carried

12.5

SUBJECT 1 Cambridge Street, Harris Park. (Lot 18 in DP 874) (Elizabeth Macarthur Ward).

DESCRIPTION Alterations and additions to a heritage listed single storey dwelling house and conversion to a 10 room boarding house. (Location Map - Attachment 1)

REFERENCE DA/87/2008 - Submitted 13 February 2008

APPLICANT/S Danny Alam c/o Australian Consultant Architect

OWNERS Danny Alam

REPORT OF Manager Development Services

10172

RESOLVED (Issa/Chedid)

(a) That Council grant its consent to DA/87/2008 for alterations and additions to the rear of a heritage-listed, single storey dwelling house and change of use to a 10 room boarding house at No. 1 Cambridge Street, Harris Park, subject to standard and the following extraordinary conditions:

1. The boarding house shall be limited to a maximum occupancy of 11 (inclusive of staff), being a maximum of 1 person per room, except Bedroom 4 where the maximum occupancy is 2.

Reason: To control the intensity of the development.

2 The outdoor areas shall not be used (other than for access) after 10.00pm and before 6.00am, 7 days per week.

Reason: To protect neighbour amenity.

3. A 24-hour phone number shall be supplied to each occupant so that contact may be made with the manager.

Reason: To ensure proper management of the premises.

4. The manager shall ensure that a notice is placed near the entrance to the property in a visible position to the public advising of his name and contact number.

Reason: To ensure proper management of the premises.

5. The premises shall require licensing pursuant to the Youth and Community Services Act 1973 should one or more occupant be diagnosed as having a disability.

Reason: Legislative requirement.

6. That each occupant shall be furnished with a set of house rules and a copy of this consent and that no variation shall be permitted without the further approval of Council.

Reason: To ensure proper management of the premises.

Reason: To ensure that appropriate records are kept.

9. The manager, upon signing of the lease or licence agreement, shall provide boarders with a key to their individual room and common areas.

Reason: To ensure tenant amenity.

Reason: To ensure that residents of the boarding house are familiar with the local house rules.

12. Individual rooms are to be restricted to plug-in appliances such as microwave oven, toasters, kettles and the like.

Reason: Fire safety.

13. The individual rooms and common areas are to be maintained in a clean and tidy state and individual’s rubbish is to be placed in the appropriate receptacles.

Reason: To ensure proper management of the premises.

14. No fire, candles or naked flames are permitted within individual rooms – this includes smoking.

Reason: Fire safety.

Reason: To ensure compliance with the terms of this consent.

16. Doors to the kitchen and common areas are to be clear glazed.

Reason: Safety reasons.

17. Dining shall be encouraged within one of the ground floor internal common areas, so as not to isolate residents.

Reason: To ensure suitable amenity for occupants.

18. All lighting on the site shall be designed to ensure no adverse impact on the amenity of surrounding residential development 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.

19. An operational plan of management in one complete document shall be submitted prior to the use commencing and submitted to Council to form part of this consent, addressing such matters as:

- minimisation of anti-social behaviour;

- site security;

- noise management;

- lighting;

- fire safety;

- any other management/operational issue raised by these conditions of consent.

Reason: To ensure that management details are contained in one document.

20. The kitchen shall be made available for residents 24 hours per day, 7 days per week and the applicant shall ensure that basic facilities in good working order are provided, including, but not limited to:

 a large refrigerator;

 a regular and a microwave oven;

 dishwashing facilities;

 waste disposal;

 personal hygiene (soap, paper towels and the like);

 food storage space;

 a bench top for food preparation.

Reason: To protect the amenity of boarding house residents.

21. Smoke alarms must be installed on or near the ceiling in every bedroom and in every corridor or hallway associated with a bedroom, or if there is no corridor or hallway, in an area between the bedrooms and the remainder of the building.

Reason: In order to comply with the requirements of Part 3.7.2.4 of the Building Code of Australia (Location).

22. The applicant shall supply a single bed for each single occupancy room (including base, a mattress with a minimum dimension of 800mm x 1900mm and a mattress protector).

Reason: To ensure suitable amenity for occupants.

23. The manager shall reside on the premises and shall be a responsible person over the age of 18.

Reason: To ensure appropriate management of the premises.

24. In addition to the above, the applicant shall also ensure that each room is provided with the following basic facilities:

 Wardrobe;

 Mirror;

 Table & Chair;

 Small bar fridge;

 A night light or other approved illumination device for each bed;

 Coffee and tea making facilities;

 Waste container;

 An approved latching device on the door;

 Curtains, blinds or similar privacy device;

 A phone line.

All room furnishings shall be detailed in the Plan of Management.

Reason: To provide suitable amenity for occupants.

25. The premises shall comply with fire safety regulations pertinent to a Class 3 building, being a boarding house with greater than 12 occupants.

Reason: To comply with the BCA.

27. In relation to the laundry, the following are to be provided:

o One 5kg capacity automatic washing machine and one domestic dryer;

o At least one large laundry tub with running hot and cold water; and

o 30 metres of clothesline in an outdoor area (can be retractable).

Reason: For the amenity of occupants.

28. The applicant/developer shall contact Council’s Waste Unit to discuss the provision of a 240 litre bin for the collection of waste and the provision of a 240 litre bin for recycling. Services over and above the frequency and volume provided by Council shall require a private contracting service.

Reason: To ensure adequate waste removal.

29. The boarding house and immediate surrounds shall be kept in a tidy and sanitary condition at all times.

Reason: To maintain the amenity of the area.

30. A timber picket fence shall be constructed along the front boundary and between the front boundary and the eastern and western boundaries within the front setback of a style and height consistent with those at Nos 3 and 5 Cambridge Street.

Reason: To improve the streetscape.

31. The stone paving to be added to the public pedestrian footpath shall be deleted from the plans.

Reason: This paving is out of character.

32. A revised Schedule of Works shall be submitted to Council prior to works commencing and must include details on:

- significant original house elements to be retained, conserved and/or reconstructed, in particular in relation to ceilings, floors and the veranda.

- all new windows shall express vertical proportions, with frames of dimensions not less than 50mm. The fenestration pattern cannot be permitted to create unusual or aesthetically unacceptable elements (such as those formed by W5, W6 and D7 on western elevation).

- Door D7 and Windows W5 and W6 on the western elevation shall be deleted and replaced with a window of smaller proportions, accentuating the vertical using similar proportions to the windows on the existing dwelling.

- replacement of the flooring of the existing dwelling is to be in timber.

- the paving not to be tiling or concrete tiles.

- the paving adjacent to the eastern boundary to be deleted and replaced with landscaping and stone stepping stones

- the schedule of finishes being amended to reflect the requirements above.

- the veranda post adjacent to D9 and on the south-eastern side of the dwelling shall be reconstructed to original detail.

Reason: To ensure that the works are undertaken in an appropriate manner

33. The toilet and shower addition adjacent to Bedroom 5 shall be set back a further 300mm from the eastern boundary. The construction certificate plans shall be amended accordingly.

Reason: To distinguish new work from old.

34. Access to the reception area shall be directly from the staff quarters.

Reason: Access to the side passage as depicted is impractical.

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

NOTE:

1. Councillor J D Finn declared a non pecuniary interest as the subject property is owned by a friend of a friend of Councillor Finn’s. Councillor Finn did not retire from the meeting during consideration of this matter.

2. Following consideration of this matter, Councillor Esber advised that he owns a neighbouring property to the subject site and requested that this fact be placed on record.

12.6

SUBJECT 15-17 Weston Street, Rosehill (Lot 2 in DP 128283) (Elizabeth Macarthur Ward)

DESCRIPTION Section 82A Review of Determination for the demolition of a dwelling house and construction of 20 x 2 storey townhouses over basement level carparking for 35 cars, strata subdivision.

REFERENCE DA/338/2006 - (Section 82A Review)

APPLICANT/S Steve Issa c/o Weston Investment Group

OWNERS Weston Investment Group

REPORT OF Manager Development Services

10173

RESOLVED (Issa/Chedid)

(a) That Development Application No. 338/2006 for the demolition of a dwelling house and the construction of 20 x 3 bedroom multi-unit dwellings (terrace houses) within 3 buildings, connected beneath by a single level basement capable of accommodating 35 cars (including one wash bay) and strata subdivision at 15-17 Weston Street, Rosehill, be approved as a ‘Deferred Commencement’ consent under the provisions of Section 80(3) of the Environmental Planning & Assessment Act 1979, as amended. The consent shall not operate until the applicant satisfies Council’s Drainage Engineer as to the following matters contained in Part A, with such matters being satisfied within 6 months of the date of this consent.

Part A – Deferred Commencement

1. An inter-allotment drainage easement shall be created. Proof of registration of the drainage easement with the NSW Department of Lands and owner’s consent of any adjoining allotment, must be provided to the Principal Certifying Authority, prior to the issue of the Construction Certificate.

Reason: To ensure an appropriate easement is in place.

Part B – General

1. All references to ‘Design of façade to be revisited’ in relation to the southern elevation shall be deleted from the plans.

Reason: These hand written notations by the applicant do not form part of this consent.

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

12.7

SUBJECT 66 Cross Street, Guildford (Lot B in DP 348917) (Woodville Ward)

DESCRIPTION Alterations and additions to a heritage-listed dwelling and change of use to a 40-place childcare centre.

REFERENCE DA/729/2007 - Submitted 5 September 2007

APPLICANT/S Mr M Maklouf

OWNERS Mr M & Mr R Ibrahim

REPORT OF Manager Development Services

10174

RESOLVED (Garrard/Issa)

That Council grant consent to Development Application No. 729/2007 subject to standard conditions and the following extraordinary conditions:

1. The childcare centre shall cater for a maximum of 40 children at any one time and comprise of a minimum of 10 places for 0–2 year olds and a maximum of 30 places for 3–6 year olds.

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 licence 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 from 7:00am to 6:00pm respectively. 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/staff functions. 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. The childcare centre shall operate in accordance with the endorsed recommendations of the approved acoustic report prepared by RSA Acoustics, but subject to a maximum of 40 children only.

Reason: To mitigate noise impacts to adjoining property owners.

5. The original chimney, fireplace and rear walls of the two front bedrooms (which face Cross Street) are required to remain in-situ. They shall not be demolished as part of the application.

Reason: To preserve the heritage fabric of the existing dwelling.

6. The roof materials and alterations and additions shall match those existing and be of compatible colour scheme and roofing material.

Reason: To ensure compliance with this consent.

7. 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.

8. The proponent shall ensure that on-site signage includes an after hours contact telephone number.

Reason: For security purposes.

9. All costs associated with the supply and installation of the ’15 Minute Parking 8:00am-6:00pm Mon-Fri' zone and signage to be the responsibility of the property owner.

Reason: To ensure that costs are met.

10. Three on-street parking spaces to be marked and signposted as ’15-minute Parking 8.00am-6.00pm Mon-Fri’. All costs associated with the supply and installation of the appropriate signage to be paid for the applicant at no cost to Council.

Reason:To ensure adequate parking.

11. The applicant shall liaise with Council’s Traffic & Transport Investigations Engineer regarding the installation of the ’15 Minute Parking’ at least 3 months prior to the final occupation of the building as works instruction will need to be forwarded to Council’s Supervisor Building Trades for implementation.

Reason: To ensure adequate implementation of parking restrictions.

12. A combined entry & exit driveway (3 metres wide) to be provided and constructed according to AS 2890.1- 2004 and Council’s specification, as shown on the DA plan.

Reason: To ensure suitable access.

13. Driveway gradients shall comply with Clause 2.5.3 and Clause 3.3 of AS2890.1-2004.

Reason: To ensure suitable access.

14. Traffic facilities, such as; wheel stops, bollards, kerbs, signposting, pavement markings, lighting and speed humps, shall comply with AS2890.1.

Reason: To ensure compliance with Australian Standards.

15. A safe pedestrian pathway (1.2 metres minimum width) from the carparking area to the building should be marked and provided for pedestrian safety.

Reason: To ensure safe access.

16. Sight distance to pedestrians exiting the property shall be provided by clear lines of sight in a splay extending 2 metres from the driveway edge along the front boundary and 2.5 metres from the boundary along the driveway in accordance with Figure 3.3 of AS2890.1. Any landscaping, fences or walls in this area are to be no greater than 600mm higher than the boundary level at the driveway.

Reason: To ensure adequate visibility and safety.

17. The dimensions of the on-street parking spaces must be 5.4 metres long for the end spaces and 6.0 metres long for the middle space in accordance with AS 2890.5-1993 Parking Facilities, Part 5 - On-Street Parking.

Reason: To comply with Australian Standards.

18. The dimensions of the off-street parking spaces, as shown on the DA plan, indicates 2.3 metres wide x 5.3 metres long. The dimensions of these spaces must be in accordance in AS 2890.1-2004 (refer to traffic condition Item (a)).

Reason: To comply with Australian Standards.

19. At least one space for a disabled person must be provided on-site and suitably marked.

Reason: To provide equitable access.

20. A 1.8 metres high perimeter fence of timber material, lapped & capped, shall be constructed along the northern, southern and eastern boundaries, commencing and concluding at a point perpendicular with the front façade of the premises.

Reason: To mitigate noise impacts.

21. Play Area No.1 shall be located at existing ground level (between RLs 37.04 and 37.29), not at RL 38.15 and that access to this area be provided via stairs from the existing building.

Reason: In order to mitigate potential privacy issues.

12.8

SUBJECT 12 Pitt Street, Parramatta. (Lot 1 in DP 73427) (Arthur Phillip Ward)

DESCRIPTION Demolition of existing building and construction of a three storey commercial building with basement carparking. (Location Map - Attachment 2)

REFERENCE DA/967/2007 - Submitted 8 November 2007

APPLICANT/S Mr H J Brooks

OWNERS Andrew J Brooks Pty Limited

REPORT OF Manager Development Services

10175

RESOLVED (Finn/Esber)

(a) That Council grant consent to Development Application No 967/2007 subject to standard conditions and the following extraordinary conditions from the NSW Heritage Office:-

1. The applicant must apply to the Heritage Office for an excavation permit under Section 140 of the Heritage Act 1977 prior to the release of the Construction Certificate.

Reason: To prevent damage to any possible relics on the site.

2. General bulk excavation of the site is not to commence prior to compliance with the conditions and requirements of any excavation permit issued by the NSW Heritage Council for the site.

Reason: To ensure bulk excavation is carried out at the appropriate time.

3. If archaeological excavation is required, the Applicant must ensure that the nominated Excavation Directors and archaeological excavation team are adequately resourced to allow full and detailed archaeological investigation and recording to be undertaken to the satisfaction of the Heritage Council. Where necessary, work schedules must be adjusted to accommodate the archaeological excavation works and works must be undertaken in accordance with a S140 Excavation Permit approval issued by the NSW Heritage Council.

Reason: To clarify excavation works.

4. Should any historical relics be unexpectedly discovered in any areas of the site not subject to an excavation permit, then all excavation or disturbance to the area is to stop immediately and the Heritage Council of NSW should be informed in accordance with section 146 of the Heritage Act 1977.

Reason: To clarify excavation works.

5. Should any Aboriginal relics be unexpectedly discovered in any areas of the site not subject to an excavation permit, then all excavation or disturbance of the area is to stop immediately and the Department of Conservation is to be informed in accordance with Section 91 of the National Park and Wildlife Act, 1974.

Reason: To clarify excavation works.

6. The applicant shall comply with all conditions and requirements of any excavation permit required by the NSW Heritage Council prior to the release of the Occupation Certificate.

Reason: To comply with the excavation permit.

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

12.9

SUBJECT Further Report - 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 and construction of a two storey attached dual occupancy with Torrens Title Subdivision.

REFERENCE DA/202/2006 - Submitted 26 September 2007

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

10176

MOTION (Wearne/Esber)

That consideration of this matter be deferred and the applicant be requested to redesign the proposal to reduce overshadowing on 14 Milton Avenue, Eastwood and to be more sympathetic to 18, 27 and 29 Milton Avenue, Eastwood.

AMENDMENT (Garrard/Issa)

(a) That Council change the previous determination and grant consent to Development Application No. 202/2006, subject to standard conditions and the following extraordinary conditions:

1. The submitted landscape plan 2006.302DA1 Issue B is not approved. A revised landscape plan is to be submitted to the principle certifying authority prior to the issue of the construction certificate. The landscape plan is to incorporate the following amendments:-

1.1 The proposed Syzigium australe along the rear boundary shall be replaced with a native screening plant that grows to a minimum 4-5m eg. Acmena smithii

1.2 A mix of shrubs and ground covers from the following list shall be incorporated into garden beds that extend the length of the rear Eastern and Western boundary of each dwelling, at a rate of 3 per square metre of garden bed:-

Shrub / screen plants: Syzygium ‘Cascade’, Eriostemon mypoproides, baekea virgata, leptospermum sqaurrosum, Grevillea species, Grevillea ‘Winpara Gem’, Banksia ericifolia, Leptospermum ‘Cardwell’, Callistemon ‘Endeavour’, Callistemon ‘Little John’

Groundcovers: Dianella caerulea, Myoporum parvifolium, Grevillea x goudichoudii, Dianella revoluta, Themeda australis, Lomanra longifolia, Lomandra ‘Tanika’, Lomandra ‘little Joey, Brachycomb multifida.hardenbergia violacea, Viola hederacrea.

1.3 One replacement tree with a minimum container size of 45 litres from the following list shall be planted within the rear lawn area of each dwelling:-

Lophostemon confertus (Brush Box), Corymbia eximia (Yellow Bloodwood), Backhousia citriodora (Lemon-scented Myrtle), Elaeocarpus reticulatus (Blueberry Ash)

1.4 The proposed planting of Dwarf Coastal Rosemary along the front eastern boundary is to be replaced with the planting of a screening tree with a minimum mature height of 3m.

1.5 The landscape bed on front eastern boundary is to be increased in length by 3m and additional trees with a minimum mature height of 3m are to be planted at 500mm intervals.

1.6 Shrubs are to be provided within the detention basins on the edges of the driveway.

2. The ensuite windows shown on the west and east elevations are to be deleted.

Reason: These windows are not shown on the floor plans.

3. The applicant/developer is to ensure that the construction of the development does not compromise the structural integrity of existing side boundary fencing. Side boundary fencing may only be replaced with the agreement of all relevant property owners.

Reason: To ensure compliance with the requirements of the Dividing Fences Act.

4. The portion of the bedroom window on the western elevation is to consist of obscure glazing within 1.5m of the floor level.

Reason: To provide adequate privacy between adjoining dwellings

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

The amendment was put and lost.

The motion was put and lost.

FURTHER

MOTION (Garrard/Issa)