NOTICE OF ORDINARY Council MEETING

 

 

 

The Meeting of Parramatta City Council will be held in the Council Chamber, Fourth Floor, 2 Civic Place, Parramatta on Tuesday, 7 October 2008 at 6:45pm.

 

 

 

 

 

 

 

 

 

Dr. Robert Lang

Chief Executive Officer

 

 

 Parramatta – the leading city at the heart of Sydney

 

30 Darcy Street Parramatta NSW 2150

PO Box 32 Parramatta

 

Phone 02 9806 5050 Fax 02 9806 5917 DX 8279 Parramatta

ABN 49 907 174 773  www.parracity.nsw.gov.au

 

“Think Before You Print”



ORDINARY Council

 7 October 2008

 

 

TABLE OF CONTENTS

 

ITEM                                                         SUBJECT                                              PAGE NO

 

1       CONFIRMATION OF MINUTES - Ordinary Council - 8 September 2008

2        APOLOGIES

3        DECLARATIONS OF INTEREST

4        Minutes of Lord Mayor

5        Public Forum  

6        PETITIONS  

7        Development Applications Referred For On-Site Meetings

7.1     List of Future Onsite Meetings

8        Regulatory Reports

8.1     Requirements of the Local Government and Planning Legislation Amendment (Political Donations) Act 2008

9        DEVELOPMENT APPLICATIONS TO BE ADOPTED WITHOUT DISCUSSION

10      DEVELOPMENT APPLICATIONS TO BE BROUGHT FORWARD

11      Reports - Domestic Applications

11.1   1/11 Mobbs Lane, Carlingford. (Lot 10 DP 200458) (Lachlan Macquarie Ward)  

12      Reports - Development Applications

12.1   76 - 78 Macquarie Street and 25 Smith Street, PARRAMATTA. (Lot 1 DP 128445 Lot 2 232067 Pt Lot 3 DP 558386 Pt Lot 1 DP 232067 Lot 1 DP 1098507) (Arthur Philip Ward).

12.2   134-140 Marsden Street, Parramatta (Lot 1 in DP 1079113, Lot 1 in DP 539968, Lot 1 in DP 61073, Lot 1 in DP 953138, Lots 101-103 in DP 785428, Lots 1-2 in DP 213184, Lots A-C in DP 82967) (Arthur Phillip Ward).

12.3   278-284 Woodville Road Guildford (Lot 7 Sec 4 DP 990 and Lot 345 DP 882411) (Woodville Ward)

12.4   13 Darcy Road and 14 Mons Road Westmead (Lot 12B and Lot 11A DP 448607) (Arthur Phillip Ward)

13      DEVELOPMENT APPLICATIONS TO BE ADOPTED WITHOUT DISCUSSION

14      City Development

14.1   Amendments to Parramatta City Centre Local Environmental Plan (LEP) 2007 to correct misdescriptions and errors    

15      City Leadership and Management

15.1   Annual Aboriginal Local Government Network Conference
Armidale 25-27 November 2008

15.2   Local Government Conference Broken Hill 25-29 October 2008

15.3   Parks and Leisure Australia 2008 National Conference

15.4   5th Annual Conference Risk Management Institution of Australia (RMIA) 2008, Perth Convention Centre, Western Australia, 16 - 18 November 2008

15.5   2008 Election of Executive Committee - Local Government Association of New South Wales

15.6   Election of Councillors to Internal/External Organisations/Boards/Committees

15.7   Recruitment of Group Manager Outcomes and Development  

16      Notices of Motion

16.1   Congratulations to Zimbabwe Aid Association

16.2   Security Shutters in the Parramatta CBD

16.3   Traffic Calming Devices

16.4   Removal of Chicanes at the Corner of Bells Road, Tulong Avenue and Greens Avenue, Oatlands   

17      QUESTION TIME

 

 

  


ORdinary Council

 7 October 2008

 

 

 

On-Site Meetings

 

07 October 2008

 

7.1    List of Future Onsite Meetings


Ordinary Council 7 October 2008

Item 7.1

DEVELOPMENT APPLICATIONS REFERRED FOR ON-SITE MEETINGS

ITEM NUMBER         7.1

SUBJECT                   List of Future Onsite Meetings

REFERENCE            F2004/08629 - D01030415

REPORT OF              Manager Development Services       

 

PURPOSE:

 

To provide Councillors with a list of proposed onsite meetings for development applications.

 

 

RECOMMENDATION

 

(a)       That the list of proposed onsite meetings appended in Attachment 1 to this report be adopted.

 

(b)       Further, that the Councillor Support Officer’s forward invitations for each onsite meeting in line with individual Councillors requirements.

 

 

BACKGROUND

 

1.      Council at its meeting held on 14 July 2008 resolved:-

 

(a)     That in future regulatory Meetings of Council, the agenda contain a separate item at the end which lists all DA’s which staff and Councillors deem onsite meetings maybe necessary, along with a recommended date and time as to when these meetings might be held, i.e. subject to the concurrence of Councillors. This may also include DA’s which are listed on that particular agenda for debate. Included with the suggested date and time for the meeting, is to be the reason why it is considered an onsite meeting is necessary.

 

(b)     Further, that following the settling of the dates and times of the meetings, these be forwarded onto the CSO’s for them to forward invitations in line with individual Councillor’s requirements.

 

ISSUES/OPTIONS/CONSEQUENCES

 

2       In accordance with the above resolution, a list of future onsite meetings has been developed by Development Assessment Services. The list is appended as Attachment 1 of this Report.

 

3       Subject to Council approval, the Councillor Support Officer’s will forward invitations for each onsite meeting listed in Attachment 1 of this Report, in line with individual Councillor’s requirements.

 

CONCLUSION

 

4       The list of proposed onsite meetings for development applications to take place in the next month is placed before Council for its consideration and/or adoption.

 

 

 

Louise Kerr

Manager Development Services

 

 

Attachments:

1View

List of proposed Onsite Meetings

1 Page

 

 

 

REFERENCE MATERIAL

  


Ordinary Council

 7 October 2008

 

 

 

Regulatory

 

07 October 2008

 

8.1    Requirements of the Local Government and Planning Legislation Amendment (Political Donations) Act 2008


Ordinary Council 7 October 2008

Item 8.1

REGULATORY

ITEM NUMBER         8.1

SUBJECT                   Requirements of the Local Government and Planning Legislation Amendment (Political Donations) Act 2008

REFERENCE            F2008/03234 - D01030965

REPORT OF              Policy Review Officer       

 

PURPOSE:

 

To advise Council of the changes made by the Local Government and Planning Legislation (Political Donations) Act 2008, and immediately amend Council’s Code of Meeting Practice to incorporate these changes.

 

 

RECOMMENDATION

 

(a)       That Council amend its Code of Meeting Practice as detailed in attachment 1 to this report;

 

(b)       That these amendments commence operation immediately and for all relevant items being considered at this meeting;

 

(c)       Further, that Council receive and note the information contained within this report.

 

 

BACKGROUND

 

1.      The Local Government and Planning Legislation (Political Donations) Act 2008 came into force from 1 October 2008. The Act amends the Local Government Act 1993 and the Environmental Planning and Assessment Act 1979. The act operates to impose requirements relating to the disclosure and reporting of political donations, and require the recording and reporting of voting on planning decisions.

 

ISSUES/OPTIONS/CONSEQUENCES

 

Recording and Reporting of Voting on Planning Decisions

 

2.      The new Section 375A of the Local Government Act requires that Council maintain a register of planning decisions. This register is to include details of how each councillor voted on a motion for a planning decision, be it in support or in opposition to the motion. The register is publicly available under s12 of the Local Government Act 1993.

 

3.      Section 375A requires that these records be obtained by way of a division, to be called for each planning decision. Planning decisions are defined by the act as including decisions made in consideration of:

 

a.   Development applications

b.   Environmental Planning Instruments

c.   Development Control Plans

d.   Development Contribution Plans

Orders made under Division 2A of Part 6 of the Environmental Planning and Assessment Act 1979 are NOT classified as “planning decisions” for the purposes of this Act.

 

4.      An amendment to Council’s Code of Meeting Practice has been proposed in order to provide for this process in Council’s standing orders.

 

Public Register of Political Donations

 

5.      New s328A requires the General Manager of a Council to keep a register of all current declarations of disclosures of political donations lodged with the Electoral Funding Authority. These registers are to be made publicly available under s12 of the Local Government Act 1993.

 

6.      The Department of Local Government has advised that this requirement may be satisfied by providing a link from Council’s website to the Election Funding Authority’s website. A link will be provided in an appropriate place on Council’s website to ensure compliance with this provision.

 

Disclosure of political donations by applicants and objectors

 

7.      The Act inserts a new section147 into the Environmental Planning and Assessment Act 1979. Three of the new provisions will have relevance for council, and are listed below:

 

Disclosures by Applicants

 

8.      Under s147(4) any person who makes a planning application to Council is required to disclose any reportable political donations or gifts that they, or any person with a financial interest in the application, has made in the two years before the application was lodged. They are also required to disclose any political donations or gifts made up until the time that their application is determined. This includes donations made at the time that a person was a candidate for a local government election.

 

Disclosures by persons making submissions on an application

 

9.      Under s147(5), persons making public submissions to council in relation to planning applications are also required to disclose any political donations or gifts made during the two year period before the submission is made to the date that the application is determined.

 

Disclosures to be publicly available

 

10.    Under s147(12) disclosures made are to be made publicly available on a website maintained by the Council.

 

11.    Changes have been made to the relevant application forms and notifications to ensure applicants and persons making submissions are aware of their disclosure obligations.

 

 

Erin Lottey

Policy Review Officer

 

 

Attachments:

1View

Proposed Amendments to the Code of Meeting Practice 7 October 2008

1 Page

 

 

 

REFERENCE MATERIAL

  


Ordinary Council

 7 October 2008

 

 

 

Domestic Applications

 

07 October 2008

 

11.1  1/11 Mobbs Lane, Carlingford. (Lot 10 DP 200458) (Lachlan Macquarie Ward)


Ordinary Council 7 October 2008

Item 11.1

DOMESTIC APPLICATION

ITEM NUMBER         11.1

SUBJECT                   1/11 Mobbs Lane, Carlingford. (Lot 10 DP 200458) (Lachlan Macquarie Ward)

DESCRIPTION          Internal fitout and use of shop No.1 as a bottle shop. (Location Map - Attachment 2)

REFERENCE            DA/393/2008 - Submitted 30 May 2008

APPLICANT/S           BFW Contracting

OWNERS                    Mr E Cappello

REPORT OF              Manager Development Services       

 

Executive Summary:

 

To determine Development Application No. 393/2008 which seeks approval to fit out and use shop No.1 as a bottle shop.

 

The application is considered suitable for approval as it is a permissible land use within the Neighbourhood Business 3(b) zone, is consistent with the aims and objectives of LEP 2001 and DCP 2005, is compatible with other land uses including restaurants and food shops in Mobbs Lane, and will not adversely impact upon the amenity of the area.

 

The application has been referred to Council due to the number of submissions received.

 

 

RECOMMENDATION

 

(a)     That Council grant consent to Development Application No. 393/2008 for the internal fitout and use of Shop No.1 as a bottle shop subject to standard conditions and the following extraordinary conditions.

 

1.      A CCTV shall be installed in the shop to ensure that customers entering and exiting the premises, and money transactions are recorded. The CCTV shall also be installed to monitor the rear laneway directly behind the shop. Adequate signage is to be displayed on the premises to clearly indicate to customers that CCTV is being used on the premises. Details of the CCTV system and associated signage shall be submitted to the satisfaction of the PCA prior to occupation.

Reason:   To enhance security of the area.

 

2.      Adequate lighting for the purpose of enhancing security shall be installed to the front and rear access points of the shop. Lighting shall be adequate to ensure that there are no dark areas within the vicinity of     the front and rear access points of the shop. Details are to be submitted to the satisfaction of the PCA prior to occupation.

Reason:   To enhance security of the area.

 

3.      The front doors of the shop, and all locks fitted to the front doors shall provide for an adequate level of security to the premises.

Reason:   To enhance security of the area.

 

4.      A monitored intruder alarm system is to be installed to the shop prior to occupation. The alarm shall enable staff to activate the system manually in the event of an emergency, such as a robbery.

Reason:   To enhance security of the area.

 

5.      A safe shall be installed and bolted to the floor within the shop to enable the storage of cash and valuables. Details are to be submitted to the satisfaction of the PCA prior to occupation.

Reason:   To enhance security of the area.

 

6.      The door to the store room shall be fitted with a security coded lock prior to occupation.

Reason:   To enhance security of the area.

 

7.      The hours of operation of the bottle shop shall be restricted to 9am-8pm Sunday to Thursday, and 9am-8.30pm Friday and Saturday.

Reason:   To minimise the impact upon nearby residential properties.

 

8.      The supply and/or sale of alcohol is prohibited on the premises prior to separate consent being obtained from the Liquor Administration Board (LAB)/Casino, Liquor, Gaming Control Authority.

Reason:   To protect the amenity of the area.

 

9.      The garage to the rear of the shop off the laneway shall only be used by the management and employees of the liquor store.

Reason:   To ensure adequate parking and vehicular access

 

10.    The loading and unloading of goods associated with the development shall be made via the existing laneway to the rear of the property and not to be carried out on Mulyan Avenue or Mobbs Lane.

Reason:   To ensure adequate parking and vehicular access

 

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

 

 

SITE & LOCALITY

 

1.      The subject site is known as shop 1/11 Mobbs Lane, Carlingford (Lot 10 DP 200458). The subject site is located on the eastern side of Mobbs Lane. A retirement village and Wesley Mission family care centre are located on Dalmar Place, adjoning Mobbs Lane.

 

2.      The premises is part of a two storey commercial building comprising of several attached small businesses on the ground floor including a bakery, take-away food shop, dance supplies retail store, and two (2) restaurants. The shops present to Mobbs Lane. 

 

PROPOSAL

 

3.      Approval is sought for the following:

 

3.1    Internal fitout of the existing ground floor tenancy for the purpose of a bottle shop.

 

3.2    The proposed business will require a maximum of two (2) employees, and the applicant in the DA is seeking trading hours of 9.00am to 9.00pm Sunday to Thursday, and 9.00am to 10.00pm Friday to Saturday. However, the applicant’s proposed hours of trading in their liquor licence are 9am to 9pm Monday to Saturday and 9am to 5pm Sundays. To ensure consistency it is recommended for the reduced hours to be proposed in the development consent.

 

3.3    The subject site has a total floor area of 62m².

 

BACKGROUND

 

4.      Development Consent No. DA/689/2006 was granted on 12 February 2007 for the refurbishment of the existing take-away food shop to create 2 retail outlets, construction of a new garage, construction of a store-room on the first floor and conversion of the first floor from residential space to office space.

 

5.      DA/1004/2007 was granted on 18 February 2008 for the use of shop 1 for the purpose of retailing beads.

 

STATUTORY CONTROLS

 

Parramatta Local Environmental Plan 2001

 

6.      The site is zoned Neighbourhood Business 3(b) under Parramatta Local    Environmental Plan 2001. The use of the premises as a shop is permissible in the 3(b) zone subject to consent and the proposed development is consistent with the objectives of the Neighbourhood Business 3(b) zone.

 

Parramatta Development Control Plan 2005

 

7.      The proposal is consistent with the aims and objectives of Parramatta Development Control Plan 2005.

 

CONSULTATION

 

8.      In accordance with Council’s Notification DCP, the application was advertised to owners and occupiers of surrounding properties for a period of 21 days from 17 June to 8 July 2008. In response, eight (8) submissions were received and one (1) petition with 83 signatures was received objecting to the proposal. The issues raised in the submissions are outlined below.

 

Concern is raised regarding the bottle shop and its potential to detract from the residential amenity and existing commercial development within the area.

 

9.      The bottle shop is proposed within an existing neighbourhood business precinct comprising of several commercial units who provide for a diverse range of goods and services including, restaurants, a take-away food shop and miscellaneous retail supplies. Given that a bottle shop is a permissible use within the Neighbourhood Business 3(b) Zone, and the hours of operation are consistent with existing commercial development surrounding the site, the proposed development will not detract from the amenity or economic viability of existing commercial development, or the residential amenity of the area.

 

Concern is raised that an additional bottle shop within the area is unnecessary given that there are several other bottle shops within close vicinity of the proposed location including Carlingford, Eastwood and Epping.

 

10.    Concerns are raised in regard to the number of bottle shops within close vicinity of the area. It should be noted that the number of other like uses in the locality is not a relevant matter for consideration under Section 79C of the Environmental Planning and Assessment Act 1979.

 

A Wesley Mission Family care centre is located at the bottom of Dalmar Place (adjoining Mobbs Lane) and the presence of a bottle shop may allow for negative social impacts on the family units within this location.

 

11.    The operating hours of the proposed bottle shop are to be restricted to 9am to 9pm Monday to Saturday and 9am to 5pm Sundays. These hours are considered reasonable for the intended use and are consistent with other restaurant/food establishments located in Mobbs Lane and will not result in any likely adverse impacts to residential amenity.

 

Concern is raised that the proposed development will decrease parking availability for existing development within the commercial strip at 11 Mobbs Lane.

 

12.    The application is for the internal fit out of Shop 1, with no proposed additions to the floor area of the building. Accordingly, there is no DCP requirement to provide additional parking as the shop tenancy is existing. There is sufficient parking in the parking area to satisfy any demands for parking associated with the use. It is noted that the demand for parking associated with bottle shops is short term as visits to bottle shops are usually short.

 

Concern is raised that the proposed bottle shop will generate additional traffic flows which may have implications on the safety of pedestrians who reside within the area.

 

13.    It is not expected that the use of the existing tenancy as a bottle shop will result in adverse traffic impacts. 

 

Concern is raised that the bottle shop may increase crime due to undesirable social groups being attracted to the area.

 

14.    The application has been referred to Eastwood Police and Council’s Crime & Corruption Prevention Officer. Several extraordinary conditions have been included in the consent to enhance security and reduce the potential for criminal activity. Conditions included in the consent will require the installation of CCTV, a monitored intruder alarm system and adequate security lighting to enhance the safety of the locality. It should also be noted that the proposed internal fitout of the subject site is designed to increase the opportunity for passive surveillance, as the cash register will be to the front of the store within close vicinity to the shopfront windows and entrance.

 

On-site Meeting

 

15.    Council at its meeting on 26 May 2008 resolved that all development applications with seven (7) or more objections be subject to a site inspection prior to them being considered at a Regulatory Meeting.

 

16.    In accordance with the above resolution an on-site meeting was held on Tuesday 26 August 2008 commencing at 5:00pm. Present at the meeting were Councillor Wearne, Councillor Wilson, Danielle Woods, Lina Dababneh and twenty-one (21) residents. The applicant did not attend the meeting. The following issues were discussed at the meeting.

 

17.    In opening, an overview of the proposal was undertaken by Council. It was       then requested that residents put forward any questions or concerns.

 

Association between Liquor Licenses and Development Consents issued under Part 4 of the EP&A Act

 

18.    Residents sought clarification regarding whether the Liquor License issued by the Casino, Liquor & Gaming Control Authority and development consents were dependent of each other. It was also requested by the residents that clarification be sought as to whether Council was able to forward to the licensing police the objections (and petitions) submitted by the residents to assist in their determination in issuing a liquor license.

 

It was clarified by Council staff and Clr Wearne that the issue of a liquor license is completely independent to Council’s development consent for use of the premises. It was explained to the residents that the Casino, Liquor & Gaming Control Authority issue licenses to sell alcohol. 

 

On 27 August an Officer of Council spoke with a Senior Constable from Eastwood Police.  It was explained to the constable that an on-site meeting was held with the residents/objectors who requested that the licensing police take into account the issues raised in their objections.  The police stated that they were aware of the issues raised by the objectors and have included some recommended conditions of consent within the report to Council to address some of the issues raised, such as installation of CCTV and specific standards of lighting to be installed within the premises.

 

A copy of all submissions were sent to Eastwood Police. On 16 September, the police issued final comments indicating that they have no objection to the proposal subject to the recommended conditions of consent.

 

Traffic flow/Parking/Pedestrian Safety

 

19.    Concerns were raised in regard to the impact of the proposal on traffic flow, parking availability and pedestrian safety. The residents expressed concerns to the number of motorists and the speed in which motorists travel within the street and parking area at 11 Mobbs Lane. It was mentioned that the bottle shop would possibly increase the frequency of vehicles entering and exiting the street and parking area which would decrease pedestrian safety, particularly the elderly. It was explained that Council will take into consideration the impact of the proposal on the existing traffic flow and pedestrian safety. Heavy traffic flows along Mobbs Lane and the inadequate configuration of the Mobbs Lane car park access points was noted by Council staff, Councillors and the residents.

 

Councillor Wearne advised residents of the proposed plan to modify the access points at the Mobbs Lane car park to decrease traffic flows and increase pedestrian safety, which is independent of this application. 

 

Waste management regarding empty bottles/cans left in the area and nearby reserve

 

20.    Concerns raised by the residents were that the bottle shop would attract customers who would consume bottles/cans of alcohol within the immediate vicinity of the area and dispose them in an unlawful manner, i.e. in the Mobbs Lane car park, on the street and in the reserve nearby. It should be noted that a bin is located on the footpath to the front of the shop, and the Waste Management Plan submitted with the application indicates internal management of rubbish.

 

Councillor Wearne suggested that perhaps imposing an alcohol free zone would assist in reducing the likelihood of customers of the bottle shop being able to consume the alcohol within the area and therefore dispose of them in a reckless manner. Council at the meeting of 8 September 2008 resolved that a report be prepared on the possibility of introducing an alcohol free zone in the row of shops at the beginning of Mobbs Lane and James Hoskins Reserve. This report is to be prepared by Council’s Environment Health Team. 

 

Safety Concerns relating to potential robberies, and criminal activity  

 

21.    Concerns were raised by the residents regarding the potential increase in criminal activity such as armed robberies associated with the type of customers to be attracted to a bottle shop. It was explained that the proposed use is permissible within the zone and that Council is required to assess the development based on the relevant planning controls together with the comments received from the Police, which suitably addresses surveillance and crime prevention measures.

 

Concerns that the proposed bottle shop is not consistent with existing development within the area  

 

22.    Concerns were raised by the residents in regard to a bottle shop being inconsistent with the prevailing pattern of development within the area. In particular, the existing shops surrounding the subject site including a ballet clothing shop, take away food shop and restaurants are more consistent with the neighbourhood character of the area. The shops comprise of a mixture of uses ranging from a takeaway shop, restaurants, a bakery, electrical supplies and a ballet shop. The proposed use as a bottle shop is a permissible land use within the Neighbourhood Business 3(b) zone, and is not inconsistent with the other land uses including restaurants and food shops in Mobbs Lane.

 

23.    The meeting concluded with all issues being summarised at 5.40pm with the residents, and councillors being advised that they will be notified in writing of the date in which the DA will be presented at a Council meeting.

 

ISSUES

 

Strategic Analyst, Crime and Corruption Prevention

 

24.    Council’s Strategic Analyst, Crime and Corruption Prevention Officer has advised that late night trading may result in alcohol related anti-social/public order incidents and that reduced trading hours are recommended. In accordance with the trading hours that the applicant is seeking in the Liquor Licence it is recommended that Council restrict trading to 9am to 9pm Monday to Saturday and 9am to 5pm Sunday. 

 

Police (Liquor Establishment)

 

25.    The development application was referred to the Police (Liquor Establishment) who raised no objection to the proposal.

 

Police (Crime Prevention)

 

26.    The development application was referred to the NSW Police (Eastwood Local Area Command) who provided a report detailing a formal crime risk assessment and ‘Crime Prevention Through Environmental Design’ analysis relating to the proposed bottle shop.

 

The NSW Safer by Design evaluation process is based upon the Australia and New Zealand Risk Management Standard ANZS4360:1999. In accordance with this standard, the proposed development has been identified as Medium Crime Risk.  In this regard, the Police (Crime Prevention) have recommended several conditions of consent to enhance safety and security, and to reduce the risk of crime. Conditions will be placed on the consent and include installation of CCTV, enhanced lighting, installation of locks on doors, installation of intruder alarm system and safe. 

 

Traffic

 

27.    The development application was referred to Council’s Traffic Engineer. The comments of Council’s Traffic Engineer include:

 

“No objection is raised to the proposal on traffic and parking grounds subject to the following traffic related conditions:

 

The existing parking spaces provided within the service road near the shops shall be used by the customers accordingly.

 

The garage to the rear of the property off the laneway shall only be used by the management and employees of the liquor store.

 

Loading and unloading of goods associated with the development shall be made via the existing laneway to the rear of the property and not to be carried out on Mulyan Avenue or Mobbs Lane.

 

It should be noted that Council is proposing to install a one-way eastbound only traffic flow restriction in the service road outside the shops at the intersection of Mobbs Lane and Mulyan Avenue, Carlingford.  The proposed works also include changes to the entry and exit access driveways of the service road.  Entry to the service road is proposed to be provided via Mulyan Avenue and the exit access would be off Mobbs Lane. The proposal is currently being advertised in the local newspapers from 3 September 2008 to 1 October 2008 for public comment.’

 

In accordance with the above comments, Council’s traffic engineer has no objection to the proposal subject to the recommended conditions of consent.

 

 

 

Lina Dababneh

Development and Certification Assessment Officer

 

 

Attachments:

1View

Plans and Elevations

2 Pages

 

2View

Locality Map

1 Page

 

3View

History of DA

1 Page

 

4View

Carpark Design Plan

1 Page

 

5View

Police Referral Comments

23 Pages

 

 

 

REFERENCE MATERIAL

  


Regulatory Council

 7 October 2008

 

 

 

Development Applications

 

07 October 2008

 

12.1  76 - 78 Macquarie Street and 25 Smith Street, PARRAMATTA. (Lot 1 DP 128445 Lot 2 232067 Pt Lot 3 DP 558386 Pt Lot 1 DP 232067 Lot 1 DP 1098507) (Arthur Philip Ward).

 

 

 

 

12.2  134-140 Marsden Street, Parramatta (Lot 1 in DP 1079113, Lot 1 in DP 539968, Lot 1 in DP 61073, Lot 1 in DP 953138, Lots 101-103 in DP 785428, Lots 1-2 in DP 213184, Lots A-C in DP 82967) (Arthur Phillip Ward).

 

 

 

 

12.3  278-284 Woodville Road Guildford (Lot 7 Sec 4 DP 990 and Lot 345 DP 882411) (Woodville Ward)

 

 

 

 

12.4  13 Darcy Road and 14 Mons Road Westmead (Lot 12B and Lot 11A DP 448607) (Arthur Phillip Ward)


Ordinary Council 7 October 2008

Item 12.1

DEVELOPMENT APPLICATION

ITEM NUMBER         12.1

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

DESCRIPTION          Section 96 (AA) modification of Development Consent No. 688/2005. The modifications relate to the southern and eastern elevations of the building to provide a minor projection of the approved plant room located on Level 9. (Location Map - Attachment 2)

REFERENCE            DA/688/2005/D - Submitted: 30 July 2008

APPLICANT/S           Paragon Project Management

OWNERS                    Smith Street Pty Ltd

REPORT OF              Manager Development Services       

 

EXECUTIVE SUMMARY:

 

To determine an application to modify development consent no. 688/2005. This consent granted approval to demolish the existing heritage listed façade of Exeter Manor and construct a commercial building comprising 8 levels over basement car parking for 51 vehicles. The modifications involve alterations to the southern and eastern elevations of the building to provide a minor projection of the approved plant room of Level 9. The projected elements include an outlet to discharge attenuator, an Environment Protection Authority (EPA) cowl to the exhaust silencer and a new ladder and safety cage finished in galvanised steel to comply with AS1657 which requires ladder cages where a ladder length is over 6 metres.

 

The proposed modifications are considered to be appropriate as the modifications will not create detrimental impacts on the locality nor will the modifications result in an unsuitable development. The proposed modifications will integrate within the existing development and should therefore be approved.

 

The application has been referred to Council as the building is located over the convict-constructed drain which traverses Parramatta from Church Street to the Parramatta River. This drain is listed as Item of heritage local significance in Parramatta City Centre LEP 2007.

 

 

RECOMMENDATION

 

(a)     That Council modify Development Consent No. 688/2005 dated 2 February 2006 in the following manner:

 

1.      Condition No.1 is to be modified to read as follows:

 

The development is to be carried out in compliance with the following plans and documentation listed below and endorsed with Council’s stamp, except where amended by other conditions of this consent:

 

Drawing No

Dated

A 950 (Revision B) – South Facing Elevation – Façade Alterations (Plant Room)

February 2008

A 951 (Revision A) – East facing Elevations – Level 9 / Roof – façade Alterations.

June 2008

SK10 – Roof Plan alterations

June 2008

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

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

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

 

 

SITE & LOCALITY

 

1.         The site is known as 76-78 Macquarie Street and 25 Smith Street, Parramatta. It comprises Lot 1 in DP 128445, Lot 2 in DP 232067, Pt Lot 3 in DP 558386 and Lot 1 in DP 1098507. 

 

2.         The development is located on the corner of Smith and Macquarie Streets and contains remnants of a heritage listed convict drain located on the north-western corner of the site. Construction of the 9 storey building was completed in late 2007. The site has an area of 2171m2 and is generally rectangular in shape.

 

BACKGROUND

 

3.         On 2 February 2006 the Land and Environment Court granted consent to DA No. 688/2005 for the demolition of the remaining façade of Exeter Manor and the construction of an 8 storey office building, including ground floor retail over a basement car park.

 

4.         Section 96 (AA) modification (688/2005/A) was lodged with Council on 13 November 2006 to modify DA/688/2005 in particular Condition No. 59 to allow work hours to begin at 7.00am instead of 8.00am and the deletion of Condition No. 6 which required the provision of a right of way over Macquarie Lane. This modification was approved on 11 December 2006 at the Regulatory Meeting of Council.

 

5.         Section 96 (AA) modification (688/2005/B) was lodged with Council on 6 June 2007 to modify DA/688/2005 to include increasing the number of bicycle racks along Macquarie Lane, the addition of external steps to the café tenancy, the addition of a handrail to the roof perimeter and a building maintenance unit support rail to the roof. The modification was approved on 13 August 2007 at the Regulatory Meeting of Council.

 

6.         Development Consent 949/2007 approved the alterations to the commercial building including the internal fit-out of levels 1-8, the installation of a new generator on the roof and the fit-out of the ground floor lobby on 17 January 2008 under the Lord Mayoral delegation during the Christmas period.

 

7.         Section 96 (AA) modification (688/2995/C) was lodged with Council on 8 April 2008 to modify DA/688/2005 to include the removal of two outward-opening doors onto the terrace located on Level 2 and the installation of a new external folding door on Level 2. The modification was approved on 10 June 2008 at the Regulatory Meeting of Council.

 

PROPOSAL

 

8.         The Section 96 (AA) modification seeks approval to modify the consent by altering to the southern and eastern elevations of the building to allow for a minor projection of the approved plant room located on Level 9. The projected elements include an outlet to discharge attenuator, an EPA cowl to the exhaust silencer and a new ladder and safety cage finished in galvanised steel to comply with AS1657.

 

9.         It is noted that the proposed modifications have not been undertaken.

 

STATUTORY CONTROLS

 

Environmental Protection and Assessment Act 1979

 

10.      Section 96(AA) of the EP&A Act allows applicants to make an application to modify a development consent issued by the Land and Environment Court. It also states that a consent authority must be satisfied that the development to which the consent as modified relates is substantially the same development as the development for which consent was originally granted.

 

11.      The proposed modifications to remove to the southern and eastern elevations to allow for a minor projection         of the approved plant room on Level 9 will result in substantially the same development as that originally approved and can be dealt with pursuant to Section 96 AA of the Act.

 

Parramatta City Centre Local Environmental Plan 2007

 

12.      The site is zoned B4 Mixed Use under Parramatta City Centre Local Environmental Plan 2007. Commercial buildings are permissible development within this zone. The proposed development is consistent with the objectives of the mixed use zone which encourages commercial and retail development, and integrates residential development to encourage public transport patronage.

 

REASONS FOR MODIFICATIONS

 

13.      The alterations to the southern and eastern elevations of the building to allow for a minor projection of the approved plant room on Level 9 is required as the protrusions were not accurately indicated on the original DA plans and during construction the building certifier recognised     that the final eastern and southern elevations will vary slightly from what was approved with the original consent.

 

14.      The projection measures 1.5 metres above the plant room enclosure parapet as such, the visual impacts of the proposed modifications are considered to be minor. 

 

CONSULTATION

 

15.       In accordance with Council’s Notification DCP, the proposal was notified between 13 August 2008 and 27 August 2008. No submissions were received.

 

ISSUES

 

Heritage and Conservation

 

16.      The application was referred to Council’s Heritage Advisor for assessment as a portion of the site contains the remnants of a convict drain listed as a heritage item of local significance in schedule 6 of Sydney Regional Environmental Plan No.28. The comments from Council’s Heritage Advisor include:

 

“The application affects a place listed for archaeological reasons; however, the current building is of recent date of creation and has no heritage significance.  The proposal affects only the fabric of the new building and does not disturb the grounds or any interpretive elements on the site”.

           

17.      Accordingly, there are no objections to the proposal on heritage grounds.

 

18.      There are no other issues associated with the proposal.

 

 

 

Denise Fernandez

Development Assessment Officer

 

 

Attachments:

1View

Plans and Elevations

4 Pages

 

2View

Location Plan

1 Page

 

3View

History of Section 96 Modification

1 Page

 

4View

Previous Manager Development Services Report - Item 13.2 - Regulatory Council Meeting 10 June 2008

4 Pages

 

5View

Previous Manager Development Services Report (DSU 9/2008)

3 Pages

 

6

Previous Manager Development Services Report (DSU 155/2007)

5 Pages

 

7

Previous Manager Development Services Report (DSU 219/2006)

5 Pages

 

8

Previous Manager Development Services Report (DSU 132/2005)

4 Pages

 

9

Previous Manager Development Services Report (DSU 118/2005)

10 Pages

 

10View

Copy of Land and Environment Consent No. 11250 of 2005

29 Pages

 

 

 

REFERENCE MATERIAL

 


Ordinary Council 7 October 2008

Item 12.2

DEVELOPMENT APPLICATION

ITEM NUMBER         12.2

SUBJECT                   134-140 Marsden Street, Parramatta (Lot 1 in DP 1079113, Lot 1 in DP 539968, Lot 1 in DP 61073, Lot 1 in DP 953138, Lots 101-103 in DP 785428, Lots 1-2 in DP 213184, Lots A-C in DP 82967) (Arthur Phillip Ward).

DESCRIPTION          Section 96 modification to the approved 16 storey mixed use retail and commercial development over 4.5 levels of basement parking. The modification includes provision of 4,702sqm of additional gross floor area and increasing the floor to ceiling height on the ground floor piazza by 1.8 metres. (Locality Map - Attachment 1)

REFERENCE            DA/470/2006/A - Submitted 27 May 2008

APPLICANT/S           Becton Marsden Pty Ltd

OWNERS                    Everest Project Developments Pty Ltd

REPORT OF              Manager Development Services       

 

eXCUTIVE SUMMARY:

 

The application has been referred to Council as the site contains archaeological relics protected under Interim Heritage Order No101 imposed by the Minister of Planning on 22 March 2006. This Order allowed the original Development Application (DA/470/2006) departing from the planning standards relating to building height and floor space ratio.

 

This current Section 96(2) Modification Application No. 470/2006/A seeks approval to the modification to the approved 16 storey mixed use retail and commercial development over 4.5 levels of basement parking. The modification includes:

 

Ground Floor Public Piazza and Foyer:

(a)     Reconfiguration of the ground floor to reduce the retail area by 1,146sqm and to open the foyer area to enhance pedestrian thoroughfare.

(b)     Increase the floor to ceiling height of the ground floor piazza by 1.8 metres with double height entries.

 

Marsden Street fronting Podium Building:

(c)     Provision of 4,702sqm of additional office floor area by enclosing the areabetween the podium building and the tower building on Levels 1 to 5.

 

Office Tower:

(d)     Increase in the height of the tower building by 1.8 metres from 65.3metres to 67.1 metres as a result of the increase ground floor piazza floor to ceiling height.

 

The above modifications result in numerical increases in the gross floor area by 4,702sqm or 12.8% and building height by 1.8 metres or 2.72%, whilst the building footplate and overall configuration of the original development largely remain unchanged. The additional floor area is provided by way of enclosing the area between the podium and the tower.

 

The NSW Heritage Office supports the proposal and Council’s Urban Designer considers the proposed modification a better design outcome than that originally approved.

 

There have been no objections to the proposal and there will be no undue adverse impact on the streetscape or public domain as a result of the modifications.

 

Accordingly, approval of the Section 96(2) modification application is recommended subject to appropriate conditions.

 

 

RECOMMENDATION

 

(a)     That, Council grant consent to modify Development Consent No.470/2006 dated 11 September 2006 in the following manner.

 

1.      The following conditions of DA/470/2006 consent be modified so as to read:

 

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 No

Dated

Ground Level Plan Prepared by Hayball Leonard and Stent Pty Ltd Architects Job No. 1457, SK-06, Rev C

23 May 2008

Level 1 Plan Prepared by Hayball Leonard and Stent Pty Ltd Architects Job No. 1457, SK-07, Rev B

23 May 2008

Level 2 and 3 Plan Prepared by Hayball Leonard and Stent Pty Ltd Architects Job No. 1457, SK-08, Rev B

23 May 2008

Level 4 and 5 Plan Prepared by Hayball Leonard and Stent Pty Ltd Architects Job No. 1457, SK-09, Rev B

23 May 2008

Level 6 Plan Prepared by Hayball Leonard and Stent Pty Ltd Architects Job No. 1457, SK-10, Rev B

23 May 2008

Level 7 and 8 Plan Prepared by Hayball Leonard and Stent Pty Ltd Architects Job No. 1457, SK-11, Rev B

23 May 2008

Level 9 Plan Prepared by Hayball Leonard and Stent Pty Ltd Architects Job No. 1457, SK-12, Rev B

23 May 2008

Level 10 Plan Prepared by Hayball Leonard and Stent Pty Ltd Architects Job No. 1457, SK-13, Rev B

23 May 2008

Level 11 to 15 Plan Prepared by Hayball Leonard and Stent Pty Ltd Architects Job No. 1457, SK-14, Rev B

23 May 2008

Roof Plan Prepared by Hayball Leonard and Stent Pty Ltd Architects Job No. 1457, SK-15, Rev A

23 May 2008

Basement 1 Plan Prepared by Hayball Leonard and Stent Pty Ltd Architects Job No. 1457, SK-05, Rev D

8 September 2008

Basement 2 Plan Prepared by Hayball Leonard and Stent Pty Ltd Architects Job No. 1457, SK-04, Rev C

8 September 2008

Basement 3 Plan Prepared by Hayball Leonard and Stent Pty Ltd Architects Job No. 1457, SK-03, Rev C

8 September 2008

Basement 4 Plan Prepared by Hayball Leonard and Stent Pty Ltd Architects Job No. 1457, SK-02, Rev C

8 September 2008

Basement 5 Plan Prepared by Hayball Leonard and Stent Pty Ltd Architects Job No. 1457, SK-01, Rev C

8 September 2008

North Elevation Prepared by Hayball Leonard and Stent Pty Ltd Architects Job No. 1457, SK-16, Rev A

23 May 2008

South Elevation Prepared by Hayball Leonard and Stent Pty Ltd Architects Job No. 1457, SK-17, Rev A

23 May 2008

East Elevation Prepared by Hayball Leonard and Stent Pty Ltd Architects Job No. 1457, SK-18, Rev A

23 May 2008

West Elevation Prepared by Hayball Leonard and Stent Pty Ltd Architects Job No. 1457, SK-19, Rev A

23 May 2008

Section AA Prepared by Hayball Leonard and Stent Pty Ltd Architects Job No. 1457, SK-20, Rev A

23 May 2008

Section BB Prepared by Hayball Leonard and Stent Pty Ltd Architects Job No. 1457, SK-21, Rev A

23 May 2008

Awning sketch drawings 1-5

 

Hydraulic Services Site Plan Job No. 7052

Drawing No.H00, Revision P1

 

Hydraulic Services Ground Floor Job No. 7052

Drawing No.H04, Revision P2

 

Hydraulic Services Levels 6-15 Stormwater

Job No. 7052 Drawing No.H05, Revision P1

 

Hydraulic Services Roof Plant Job No. 7052

Drawing No.H06, Revision P1

 

Hydraulic Services Basement Level 1 Job No. 7052

Drawing No.H03, Revision P2

 

Hydraulic Services Basement Level 2 Job No. 7052

Drawing No.H02, Revision P1

 

Hydraulic Services Basement Level 5 Job No. 7052

Drawing No.H01, Revision P1

 

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

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

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

 

7.      The Floor Space Ratio for the overall development must not exceed 8.44:1. Prior to an occupation certificate being issued, a Registered Surveyor must provide certification of the total and component floor space areas in the development to the satisfaction of the Principal Certifying Authority.

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

 

8.      The highest point of the tower building must not exceed RL 75.30 (AHD) and the finished floor level of the roof terrace of the podium building must not exceed RL 33.40 (AHD). Prior to an occupation certificate being issued, a Registered Surveyor must provide clarification of the height of the building, to the satisfaction of the Principal Certifying Authority.

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

 

16.    The development shall make provision for a total of 404 car parking spaces. These spaces are to be permanently marked on the pavement and used accordingly. This requirement shall be reflected on the Construction Certificate plans. The approved car parking spaces shall be maintained to the satisfaction of Council, at all times.

Reason: To ensure adequate carparking facilities are provided.

 

22.    The payment of the following monetary contributions in accordance with Council's Comprehensive Section 94 Contributions Plan:

 

Traffic and Transport                                                    $ 1,174,147.56

Open Space and Public Space and Recreation      $ 478,011.22

Community and Cultural                                               $ 28,850.83

Plan Management and Administration                       $ 193,118.99

 

This result is a total contribution of $ 1,874,128.59 to be paid to Council prior to the issue of the Construction Certificate. The Section 94 Contribution fees are subject to CPI.  The applicable indexation will be applied to the base contribution described above at the time of payment.

Reason: To comply with the adopted Section 94 Plan.

 

2.      The following condition of DA/470/2006 consent is to be deleted.

 

30.    The floor height of Level 1 of the Podium Building shall be increased by a maximum of 300mm at the southern end of the site (Hunter Street). Details are to be submitted and approved by the Principal Certifying Authority prior to the release of the Construction Certificate.

 

3.      The following new conditions are to be imposed:

 

88.    The proposed fins on the external walls of the tower building are to be adjustable. Details are to be submitted to the nominated Principal Certifying Authority.

Reason: To allow for greater solar control and to animate the street frontages.

 

89.    The podium façade to Marsden Street is to be fully glazed and transparent.

Reason: To ensure that Marsden Street elevation provides multi-storey active frontage.

 

90.    Building and tenancy identification signs as defined under Parramatta City Centre Local Environmental Plan 2007 are only permitted on the signage zones nominated on the eastern elevation, numbered Drawing No. SK-18, Revision A, Job No. 1457. The following signs or advertisements are not permitted:

(a)     A-frame signs, unfixed signs and signs that contain additional advertising promoting products or services not related to the approved use of the premises or site (such as the logos or brands of products e.g. soft drinks, brewers, photographic flim, etc).

(b)     Signs painted on or applied on the roof.

(c)     Uplighting of signs.

Reason: To ensure that all signs are consistent with the desired streetscape character of the area.

 

 

SITE & LOCALITY

 

1.      The site is bounded by Macquarie Street to the north, Hunter Street to the south and Marsden Street to the east. The site adjoins a multi storey commercial building to the west. The site has an area of 4,879.54sqm with street frontages of 54.655 metres to Macquarie Street, 64.741 metres to Hunter Street and 84.205 metres to Marsden Street.

 

2.      The site is largely vacant, with exception of two sheet metal structures containing and protecting archaeological relics. These metal enclosures were constructed upon the imposition of Interim Heritage Order No.101 on 22 March 2006 by the Minister of Planning.

 

3.      The site is located within the CBD of Parramatta City and surrounded by commercial development.

 

PROPOSAL

 

4.      Approval is sought to the modification to the approved 16 storey mixed use retail and commercial development in the following manner:

 

Ground Floor Public Piazza and Foyer:

(a)     No changes to the building footplate.

(b)     Increased floor to ceiling height from 3.7 metres to 5.6 metres.

(c)     Reconfiguration of the through-site pedestrian connection. The modified pedestrian connection is now between Marsden Street and Macquarie Street providing a short cut, in lieu of the parallel connection between Hunter Street and Macquarie Street under the original application.

(d)     The ground floor foyer area has been opened up to provide greater pedestrian permeability by reducing the retail area by 1,146sqm from 2,482sqm to 1, 336sqm.

(e)     Relocation of the loading bay access further to the east.

(f)      Reconfiguration of the lift core area.

 

Marsden Street fronting Podium Building:

(g)     Enclosing the area between the podium building and the tower so as to provide additional office floor areas (5,848sqm) on Levels 1 to 5.

(h)     Removal of internal partition walls to provide a larger campus-style floorplate with voids between the podium and the tower.

(i)      An increase in the height of the podium building by 1.8 metres from 23.2 metres to 25 metres as a result of the increase ground floor piazza floor to ceiling height.

(j)      Installation of vertical and horizontal fins to the façade to improve energy efficiency.

(l)      Removal of the separate lift core to podium building.

 

Office Tower:

(m)    Reconfiguration and enlargement of the lift core.

(n)     Installation of vertical and horizontal fins to the façade to improve energy efficiency.

(o)     Removal of the balconies on Hunter Street frontage.

(p)     An increase in the height of the tower building by 1.8 metres from 65.3 metres to 67.1 metres as a result of the increase ground floor piazza floor to ceiling height.

 

STATUTORY CONTROLS

 

Environmental Planning and Assessment Act 1979

 

Substantially the same development test

 

5.      Section 96 of the Environmental Planning and Assessment Act 1979 allows an applicant to make an application to modify a development consent issued by a consent authority. It also states that a consent authority must be satisfied that the development to which the consent as modified relates and is substantially the same development as the development for which consent was originally granted.

 

6.      The words “substantially the same development” have repeatedly been interpreted by the Land and Environment Court to mean “essentially or materially the same or having the same essence” and “to alter without radical transformation”.

 

7.      Despite the numerical increases in the gross floor area (12.8% increase) and building height (2.72% increase), the building footplate and overall configuration of the original development largely remain unchanged. The additional floor area is provided by way of enclosing the area between the podium and the tower which will not have undue adverse impact on the streetscape or public domain.

 

8.      The proposed modification is considered to have the same essence and is not considered to radically transform the original development.

 

9.      Therefore, it is considered that the proposed modification (as described above) is substantially the same development as the development for which the consent was originally granted.

 

Section 96 modification in breach of applicable development standards

 

10.    Section 96 of the Environmental Planning and Assessment Act 1979 is a free-standing provision. A modification application may be approved notwithstanding that development would be in breach of applicable planning standards (North Sydney Council v Standley [1998] 97 LGERA 433).

 

11.    In granting consent to departures from planning standards, Council must take into account the provisions of Section 79(c) – Matters of consideration. In case of the subject Section 96(2) modification application, the provisions of environmental planning instruments and development control plans, the likely impacts of the development, the suitability of the site for the development, any submissions received and the public interest must be considered. These matters are discussed in Paragraphs 12 to 62.

 

Sydney Regional Environmental Plan No. 28 – Parramatta

 

12.    Sydney Regional Environmental Plan No.28 applied to the original application, except for the development standards referring to Clause 26 (Height of Buildings) and Clause 27 (Floor Space Ratio) due to the imposition of Interim Heritage Order No.101 on the subject land.

 

13.    SREP No. 28 was repealed by Parramatta City Centre Local Environmental Plan 2007 on 21 December 2007.

 

Interim Heritage Order No.101

 

14.    The site is subject to Interim Heritage Order No.101 imposed by the Minister of Planning on 22 March 2006. Under this Order, the Minister ordered that ‘for the purpose of assessing Development Applications which make provision for the in-situ conservation of archaeological relics within the subject land, Clause 26 (Height of Buildings) and Clause 27 (Floor Space Ratio) of Sydney Regional Environmental Plan (SREP) No.28 should not apply’.

 

15.    The building height and FSR of the original development approved in consideration of the Order were 65.3 metres and 7.49:1 respectively, as opposed to the planning standards of 36 metres and 4.2:1.

 

16.    It is noted that a revised Heritage Order has not been issued by the Minister to refer Parramatta City Centre Local Environmental Plan 2007 which repealed Sydney Regional Environmental Plan No.28.

 

Parramatta City Centre Local Environmental Plan 2007

 

17.    This LEP came into effect on 21 December 2007 and therefore applies to the subject Section 96(2) modification application.

 

18.    The site is zoned ‘B4 Mixed Use’ and the proposed mixed use retail and commercial development is permissible subject to Council consent.

 

The objectives of the Zone (Clause 19)

 

19.    The proposed modification satisfies the objectives of B4 Mixed Use zone by providing a mixture of compatible land uses, integrating suitable business, office and retail and enhancing the pedestrian links.

 

Height of Building (Clause 21) & Floor Space Ratio (Clause 22)

 

20.    The maximum building height permitted for the site is 54 metres. The subject Section 96(2) modification proposes to increase the overall building height by 1.8m from the previously approved 65.3 metres to 67.1 metres. This is to increase the floor to ceiling level of the ground floor to enhance pedestrian permeability and heritage conservation by allowing a larger space for the archaeological interpretation zone. No additional levels are proposed.

 

21.    The maximum FSR permitted for the site is 6:1. However, the Section 96(2) modification proposes to increase the FSR from the approved 7.49:1 to 8.44:1.

 

22.    Pursuant to Clause 24 (3) (Exception to Development Standards) of the City Centre LEP, Council can grant consent to development that contravenes development standards under the following circumstances:

 

(a)     the applicant justifies to the satisfaction of Council that compliance with the development standard is unreasonable or unnecessary in the circumstance of the case.

 

23.    The applicant justifies that the building height and FSR of the original development approved in consideration of Interim Heritage Order No.101 were 65.3 metres and 7.49:1 respectively. These also exceed the new planning standards introduced under Parramatta City Centre Local Environmental Plan 2007 as stated in Paragraphs 18 and 19 above.

 

24.    Strict compliance with the planning standards under the current planning instrument would require the originally approved building being reduced in height by 11.3 metres. It would also require the approved gross floor area reduced by 7,270sqm. This would be contrary to the underlying objective of Interim Heritage Order No.101 imposed by the Minister of Planning as discussed in Paragraphs 14 to 15 above.

 

25.    Additionally, Section 96 of the Environmental Planning and Assessment Act 1979 does not allow for Council to revisit the suitability of the building height and FSR approved under the original development application.

 

26.    Under the circumstances, strict application of these planning standards is considered unreasonable and unnecessary.

 

(b)     the applicant justifies to the satisfaction of Council that there are sufficient environmental planning grounds to justify contravening the development standard.

 

27.    The applicant provided the following justifications to vary the planning standards:

 

§        The proposed development remains consistent with the zone objectives.

§        There are no anticipated adverse amenity impacts as a result of the proposed modification.

§        The modified design will enhance the public realm and heritage conservation and interpretation within the building, by making the public piazza a more inviting and vibrant activity area.

§        the increased ground level floor to ceiling height is a response to independent urban design review of DA/470/2006 which suggested “consider increasing ground floor level height to accommodate site slope constraints and provide more functional ceiling heights” and ensuring that ground floor plant rooms comply with Building Code of Australia (A BCA Design Assessment Report has been provided to demonstrate this) and Integral Energy requirements.

§        The additional FSR occurs within the context of a modified design which seeks to achieve a 5 Star Australian Building Greenhouse Rating and a 5 Star Australian Green Building Council Greenstar Rating.

§        The proposed modification would result in a more efficient use of space without any impact on the appearance of the building and by retaining the approved building footprint. (The additional floor area has been provided by way of filling up the gab between the podium and the tower whilst still maintaining an appropriate visual separation and façade articulation when viewed from Macquarie Street)

 

28.    The above justifications are considered satisfactory, in that:

 

§        The development will remain consistent with the objectives of B4 Mixed Use zone by providing a mixture of compatible land uses, integrating suitable business, office and retail and enhancing the pedestrian links.

§        The proposed FSR increase have negligible impact on the streetscape or the desired urban form within this part of the Parramatta CBD as the additional floor area has been provided by way of enclosing the area between the podium and the tower, whilst still maintaining an appropriate visual separation and façade articulation when viewed from Macquarie Street. The enclosed elevation is recessed approximately 25 metres from the Macquarie Street frontage.

§        The proposed modifications significantly enhance the pedestrian connection as a result of the increased floor to ceiling height and increase the public area on the ground floor level.

§        The proposed modifications provide a larger space for the archaeological interpretation zone within the ground floor which will enhance the heritage conservation.

§        The proposed modifications provide more flexible building layouts which allow variable tenancies or uses in consistent with Parramatta City Centre Development Control Plan.

 

29.    Also, the Interim Heritage Order suspended these planning standards upon the original Development Application and it is not considered unreasonable for Council to reapply the suspension of the planning standards to the proposed Section 96(2) modification application in consideration of the objective of the Order.

 

30.    Under the circumstance, it is considered that there are sufficient environmental planning grounds to justify the contravening the development standards.

 

31.    Under Clause 24(4), Council is also required:

 

(a)     to be satisfied that the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3) above.

 

32.    This has been discussed in Paragraphs 22 to 30 above.

 

(b)     the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out.

 

33.    “The public interest” is interpreted in the “Guide to Section 79C of the Environmental Planning and Assessment Act 1979” as being federal, state and local government interests and community interests including any policy statements, planning studies and strategies, management plans, planning guidelines, research findings, issues raised in public meetings, consultations, submissions and health and safety of the public.

 

34.    Imposition of such an Interim Heritage Order on the subject site would be one of the strongest and most direct interest the State Government could express so as to protect the archaeological relics. This Order suspended the planning standards relating to building height and FSR from applying to any Development Applications on the site. It is not considered unreasonable for Council to reapply the suspension of the planning standards to the proposed Section 96(2) modification application.

 

35.    Additionally, the maximum building height and FSR standards have been increased from 36 metres to 54 metres and from 4.2:1 to 6:1 respectively under Parramatta City Centre Local Environmental Plan 2007 which effectively allows for taller and larger buildings to become a desired future urban form in this part of the Parramatta CBD.

 

36.    The extent of non-compliances in relation to building height and FSR are significantly less under the new planning instrument.

 

37.    The proposed FSR increase will have negligible impact on the streetscape or the desired urban form as the additional floor area has been provided by way of enclosing the area between the podium and the tower, whilst still maintaining an appropriate visual separation and façade articulation when viewed from Macquarie Street. The enclosed elevation is recessed approximately 25 metres from the Macquarie Street frontage.

 

38.    There have been no objections to the proposed modifications and therefore it can also be assumed that the public interest will not be compromised by the proposed modifications.

 

(c)     the concurrence of the Director-General has been obtained.

 

39.    On 9 May 2008, the Director-General issued a planning circular to notify councils that Director-General’s concurrence can be assumed in respect of any environmental planning instrument which provides for exceptions to development standards. To this effect, the Director-General’s concurrence is assumed to be obtained.

 

Design excellence (Clause 22B)

 

40.    On 16 July 2008, the Department of Planning issued a letter advising that design excellence requirements under this clause do not apply to Section 96 modification applications.

 

Car Parking (Clause 22C)

 

41.    The increase in the commercial floor area of 5,848sqm requires an additional 58.48 car spaces, whilst the decrease in the retail floor area of 1146sqm reduces the car parking requirement by 38.2 spaces. In conclusion, the additional car spaces required are 20.28. The Section 96 application provides additional 21 car spaces by way of modifying the car parking layout on the basement level 1 to 5, to comply with the requirement. Accordingly, no additional excavation is proposed.

 

Outdoor advertising and signage (Clause 29A)

 

42.    An advertisement, other than business or building identification signs, is not permitted. The proposed signage zones shall only bear business identification signs defined under the City Centre LEP. An appropriate condition of consent has been recommended in this regard (Refer Condition No.90).

 

Heritage Conservation (Clause 35)

 

43.    NSW Heritage Office and Council’s Heritage Advisor are of the opinion that the proposed modification will not impact on the existing arrangement in so far as heritage is concerned and therefore do not object to the modification.

 

44.    NSW Heritage Office has also been advised of Council’s intension to grant consent in accordance with subclause 35(9A), should the S.96(2) application be supported by Council.

 

44.1  Given that the original Development Proposal was prepared in consultation with the Heritage Council for the express purpose of allowing the retention and display of extremely rare and significant historical archaeological remains at this site, it is considered that departure from the overall planning standards would be justified to achieve this objective in this particular instance.  Consequently, no objection is raised to Parramatta City Council granting consent to this application.

 

Parramatta City Centre Development Control Plan

 

Section 1 – Introduction

 

45.    The subject site is not identified as being located within any Special Area under Parramatta City Centre Development Control Plan.

 

Section 2.1 – Building to street alignment and street setbacks

 

46.    The minimum building setbacks to the boundaries approved under the original Development Application remain unchanged.

 

47.    The non-compliances with regard to street frontage height requirements are inherent from the original development, especially the Hunter Street frontage height. Therefore, strict compliance is unwarranted in this case.

 

Section 2.5 – Mixed use buildings

 

48.    The proposed modification is consistent with the controls under this section by providing flexible building layouts which allow variable tenancies or uses, proposing a greater floor to ceiling height for flexibility of future use and enhancing pedestrian links between Parramatta Railway Station and the western side of the Parramatta CBD, especially the Jessie Centre.

 

Section 3.1 – Permeability

 

49.    Council’s Urban Designer considers that the proposed modifications significantly enhance the through-site connection between Marsden and Macquarie Streets.

 

Section 3.2 – Active street frontages and address

 

50.    The proposed modifications maintain an active street frontage and addresses each street.

 

Section 3.8 – Building exteriors

 

51.    Council’s Urban Designer has provided the following comment in support of the proposed modification:

 

“The overall façade treatment to all street elevations is visually interesting, incorporating many architectural design features that also contribute to the ecologically sustainable development (ESD) performance of the building. The fins attached to the commercial tower component and podium are intended to provide sufficient shading to reduce heat loads and minimise mechanical/maintenance costs.

 

Some concern is raised with regard to the number of fins proposed, with the perspective views showing the glazed frontage to Marsden Street would not be visible from north or south. The same applies for the façade treatment/fins shown on the podium. The fins appear dense and somewhat weighty, increasing the perceived bulk of the building. However, this may be a deception of the views taken for the perspectives.

 

In conversation with the architect, it was stated the number of fins were required to provide shading which is documented within a report submitted to Council for the planner’s assessment. Likewise, it is considered the number of fins required should be determined by the need to provide shading to achieve the ESD performance of the building. Hence, the fins should not merely be decorative but provide function.

 

In addition, it is recommended that a condition of consent require the fins to be adjustable. This would allow for greater function/solar control, and would animate the street frontage. (Refer Condition No.88)

 

A pattern is revealed in the colouration of the fins on the tower component, which continues from a similar concept approved with the previous DA. It is recommended that the pattern in this application be retained as it enhances the street interface, would create greater public interest, and breaks down the visual effect of the fins when aligned and viewed along Marsden Street. Also, bolder colour choices for the fins for both the tower component and podium could be explored to enliven the overall design of the building. (Refer Condition No.89)

 

The podium frontage to Marsden Street has a strong expression, with a ribbed-like appearance that clearly distinguishes the base of the building to the tower component. In further conversations with the architect it was stated that the podium façade is fully glazed and transparent, providing a multi-storey active frontage to Marsden Street. It is recommended a condition of consent be included to ensure the transparency of the glazing allows views from the street through the building.

 

The proposed modifications to the building will further enhance the environmental performance of the building whilst improving the ground place/pedestrian permeability and will improve the overall appearance and quality of the building design.”

 

52.    Appropriate conditions of consent have been recommended in this regard. (Refer Condition Nos.88 and 89)

 

Section 3.9 – Advertising and signage

 

53.    The proposed building identification signage locations are consistent with Figure 3.8 of this section. A condition of consent is recommended to prohibit an advertisement in accordance with Clause 29(A) of Parramatta City Centre Local Environmental Plan 2007. (Condition No.90)

 

Section 4 – Access, parking and servicing

 

54.    Council’s Traffic and Transport Investigations Engineer has reviewed the application and is satisfied with the proposal in terms of vehicle access and parking.

 

55.    Additional 242 bicycle parking spaces (total of 320 spaces) have been provided under the proposed modifications. This is satisfactory in promoting use of public transport.

 

CONSULTATION

 

56.    In accordance with Council’s Notification Development Control Plan, the proposal was notified between 11 and 25 June 2008. No submissions were received.

 

EXTERNAL REFERRAL

 

NSW Heritage Office

 

57.    NSW Heritage Office has no objection to the modification by stating that “the proposed modifications of the Development Consent will not impact on the existing arrangements in so far as heritage is concerned”.

 

INTERNAL REFERRALS

 

Heritage Advisor

 

58.    Council’s Heritage Advisor raises no objection to the proposed modifications.

 

Traffic and Transport Investigations Engineer

 

59.    Council’s Traffic and Transport Investigations Engineer has no objections and supports the development.

 

Development Engineer

 

60.    Council’s Development Engineer considers that the proposed modifications will have no impact on the approved stormwater drainage system.

 

Urban Designer

 

61.    Council’s Urban Designer considers that the proposed modifications significantly enhance through-site link for pedestrians, ensure a strong street edge alignment on the secondary streets and maximise the northern frontage and usability of the balcony to the piazza. Council’s Urban Designer can support the proposal subject to appropriate conditions relating to building exteriors including movable fins for greater solar control and transparent glazing to Marsden Street for better multi-storey active frontage.

 

ISSUES

 

62.    The site is not physically constrained and is considered suitable for the development.

 

63.    There are no other matters or issues associated with this development application.

 

 

 

 

 

James Seong Kim

Senior Development Assessment Officer

 

 

 

Attachments:

1View

Location Plan

1 Page

 

2View

Table of Compliance

1 Page

 

3View

Plans and Elevations

21 Pages

 

4View

Interim Heritage Order No.101

2 Pages

 

5View

Previous Council Report from 11 September 2006

9 Pages

 

 

 

REFERENCE MATERIAL

 


Ordinary Council 7 October 2008

Item 12.3

DEVELOPMENT APPLICATION

ITEM NUMBER         12.3

SUBJECT                   278-284 Woodville Road Guildford (Lot 7 Sec 4 DP 990 and Lot 345 DP 882411) (Woodville Ward)

DESCRIPTION          Demolition and construction of a supermarket with basement parking for 69 vehicles. (Locality Map - Attachment 3)

REFERENCE            DA/106/2008 - Submitted 20 February 2008

APPLICANT/S           Milestone Management Ltd

OWNERS                    Aldi Foods Pty Ltd

REPORT OF              Manager Development Services       

 

EXECUTIVE SUMMARY

 

To determine Development Application No. 106/2008 which seeks approval for the demolition of a vacant car sales yard and the construction of a supermarket. The application has been referred to Council for determination due to the number of submissions received.

 

The applicant has made significant amendments to the proposal in response to concerns raised by staff regarding the architectural presentation of the building. The revised design is for a contemporary development which will make a positive contribution to the character of the area. The proposed supermarket is of a high architectural standard and will set a positive precedent for future development in the area.

 

A supermarket is a permissible use in the zone and a major road is an appropriate location for this type of use. Approval of the development is recommended.

 

 

RECOMMENDATION

 

(a)     That Development Application No. 106/2008 be approved, subject to standard and the following extraordinary conditions:

 

1.      The maximum length of any vehicle accessing the site is to be a 19m semi trailer. At no time are any vehicles of a greater length to access the site.

Reason: To protect the amenity of the area.

 

2.      Deliveries to the store may only occur between the hours of 10.00am to 2.30pm, and between the hours of 6.00pm to 10.00pm.

Reason: To protect the amenity of the adjoining dwellings, avoid conflicts with customer vehicles, and ensure that deliveries do not occur during school pick up and drop off times.

 

3.      The operating hours are restricted to 9.00am to 7.00pm Monday to Wednesday, 9.00am to 9.00pm Thursday, 9.00am to 8.00pm Friday, 8.30am to 6.00pm Saturday, and 9.00am to 5.00pm Sunday.

Reason: To protect the amenity of the area.

 

4.      Signage advising drivers to be alert for pedestrians is to be installed at the exit to the site. Details of the proposed signage are to be submitted to Council for approval prior to installation. The signage is to be installed prior to the issue of the occupation certificate.

Reason: To protect the safety of pedestrians.

 

5.      A concrete median island is to be constructed by the applicant in Oxford Street in conjunction with the channelised treatment at the driveway from the eastern end alignment of the traffic facility, as shown on the approved DA plan, to a distance of about 20m to the north of Oxford Street, to physically restrict traffic to left-out only from the site. The applicant to submit a detailed design of the concrete median island along with the channelised treatment at the driveway to Council’s Manager Capital Projects for consideration and approval.  Thereafter, a copy of the design plan for this traffic facility shall be forwarded to Council’s Traffic & Transport Services Manager for consideration by the Traffic Committee and final approval by Council following Traffic Committee’s recommendation to Council.

Reason: Traffic Safety.

 

6.      A ‘No Stopping’ zone to be installed adjacent to 278 Woodville Road, Guildford outside the proposed ALDI Supermarket in Oxford Street frontage of the development site, subject to the approval of the Parramatta Traffic Committee under Delegated Authority. The existing No Stopping sign associated with the traffic signals at its intersection with Woodville Road to be extended to the western most end of the property boundary. 

Reason: Traffic Safety.

 

7.      Double barrier line marking (BB lines) in Oxford Street associated with the traffic signals at its intersection with Woodville Road are to be extended from the existing position to Highland Street (eastern kerb alignment), approximately 147m long, to prevent motorists from doing an unsafe U-turn movements on this section of Oxford Street, subject to the approval of the Parramatta Traffic Committee under Delegated Authority. All costs associated with the supply and installation of the statutory ‘No Stopping’ parking restrictions along with the installation of the BB lines and the construction of the concrete median island in Oxford Street shall be paid for by the applicant at no cost to Council. The applicant to liaise with Council’s Traffic & Transport Investigations Engineer regarding the installation of the statutory No Stopping signs, double barrier line marking (BB Lines) along with the construction of the channelised treatment and concrete median island at least 4 months prior to the occupation of the building. 

Reason: Traffic Safety.

 

8.      Deliveries to the store are to be carried out in accordance with the loading dock operation procedures outlined in paragraph No. 6 of the correspondence from Colston Budd Hunt & Kafes Pty Ltd dated 2 July 2008.

Reason: Traffic Safety.

 

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

 

 

SITE & LOCALITY

 

1.      The site is located on the corner of Oxford Street and Woodville Road, Guildford. The site contains a vacant car sales yard. The car sales yard consists of a split level concrete hardstand area with a single storey building at the rear above a semi basement parking area accessed from Oxford Street. The legal property description is Lot 7 Sec 4 DP 990 and Lot 345 DP 882411. The site is generally known as 278-284 Woodville Road, Guildford. The site is rectangular in shape and has an area of 2782m2, with a frontage to Woodville Road of 61.8m.

 

2.      Granville South Public School is located to the north of the site on the opposite side of Oxford Street. Access to the school is via both Oxford and Highland Street’s. A liquor store and rug store are located to the east of the site on the opposite side of Woodville Road.  A caravan sales yard adjoins the southern boundary of the site and an allotment containing a single storey dwelling adjoins the western boundary at No. 2 Oxford Street.

 

3.      That part of Woodville Road with frontage to the site is a divided carriageway that carries two to three lanes of traffic in either direction. A 40kph school zone applies to the portions of Woodville Road and Oxford Street in proximity to the site. Both the subject site and the adjoining caravan sales yard are zoned Centre Business 3(a), the adjoining properties to the west with frontage to Oxford Street and McArthur Street are zoned Residential 2(b).

 

PROPOSAL

 

4.      The proposal incorporates the demolition of the existing car sales yard and the construction of a single storey supermarket with basement parking for 69 vehicles. The vehicular access point is located on the Oxford Street frontage of the site. The store would be serviced by 19m semi trailers and it is predicted that 1-4 deliveries per day will be required. The forecourt to the building is located in the south eastern corner of the site in full view of Woodville Road, stairs and a ramp provides pedestrian access from the street level and the basement car park to the forecourt area.

 

5.      The building is generally 7m in height but increases to a height of 10m at the north eastern corner to provide a corner element which assists in defining the edge of the street block. The wall panels used for the corner element are a darker colour than the main walls to further emphasise the corner element. A pole sign containing the business name is proposed within the forecourt area and three flush wall signs are located on the parapet of the corner element.

 

6.      The proposed store hours are 9.00am to 7.00pm Monday to Wednesday, 9.00am to 9.00pm Thursday, 9.00am to 8.00pm Friday, 8.30am to 6.00pm Saturday and 9.00am to 5.00pm Sunday. The proposed delivery hours are 6.00am to 11.00pm.

 

BACKGROUND

 

7.      The application was the subject of a pre-lodgement meeting where plans for a building with terracotta coloured face brick walls and a gable sided dark grey pitched roof were presented. The ridge of the roof ran parallel to Woodville Road and was a visually dominant feature of the building. Council staff raised concern with the streetscape presentation of the development.  Concern was raised that an industrial style building was not the appropriate aesthetic for a significant corner site and did not reflect the desired future character of the area. Following the pre-lodgement meeting a further meeting was held between the applicant, Council staff, and the Lord Mayor. Coloured perspectives of the building were tabled at the meeting.  Amendments to the design presented at the pre-lodgement meeting had been made, although amended architectural plans were not presented. The amended proposal was substantially the same as the proposed presented at the pre-lodgement meeting.

 

8.      Following lodgement of the development application the application was referred to Council’s Urban Design team for comment. Concerns were raised that the urban design response was not appropriate, particular concerns were raised with respect to the corner treatment and the visual bulk of the roof. These concerns were relayed to the applicant and amended plans were submitted.

 

9.      The revised proposal incorporates substantial amendments including a change from a face brick wall finish to a combination of grey & silver coloured composite panels and face bricks, provision of a flat roof behind a parapet, and the introduction of a corner element. The revised design is an appropriate response to the significant corner site and better reflects the character of recent development in the area and the desired future character. The revised design addresses the concerns raised by Council staff.

 

STATUTORY CONTROLS

 

Parramatta Local Environmental Plan 2001

 

10.    The site is zoned Centre Business 3(a) under Parramatta Local Environmental Plan 2001. The development is defined as a shop. The proposed building and the propose use is permissible within the Centre Business 3(a) zone with the consent of Council. The proposed development is consistent with the objectives of the PLEP 2001.

 

11.    Clause 40 of PLEP 2001 restricts the floor space ratio of a development in Centre Business 3(a) zone to 2:1. The proposed development has a floor space ratio of 1.38:1.

 

Parramatta Development Control Plan 2005

 

12.    The provisions of Parramatta Development Control Plan 2005 have been considered in the assessment of the proposal. Part 3.2 of the DCP states that the maximum height limit for the 3(a) zone is 3 storeys and the street setback is to be nil. The DCP does not specify a side setback or rear setback. The proposal achieves compliance with the aims and objectives of the plan.

 

ISSUES

 

Traffic

 

13.    A Traffic Report was submitted with the development application. The application was referred to the RTA in accordance with the requirements of SEPP (Infrastructure), and the application has also been reviewed by Council’s Traffic Engineer.

 

14.    The applicant’s Traffic Consultant conducted traffic counts on Thursday 6 December 2007 between 2.30pm and 6.30pm and on Saturday 8 December 2007 between 10.00am and 2.00pm. The traffic counts showed that Woodville Road carried between 3,045 and 4,300 vehicles per hour two-way during the Thursday afternoon and Saturday lunchtime peak periods. It was observed that traffic flows were higher during the Thursday afternoon peak period and south of Oxford Street. Oxford Street carried between 1,275 and 1,575 vehicles per hour two-way during the Thursday afternoon and Saturday lunchtime peak periods respectively.

 

15.    Modelling of the traffic signal controlled intersection of Oxford Street and Woodville Road indicated that the intersection currently operates with an average delay of 33 seconds per vehicle in the Thursday afternoon peak period. During the Saturday midday peak period the intersection operates with an average delay of 26 seconds per vehicle. The level of service on a Thursday afternoon is classified as ‘satisfactory’ and the level of service on Saturday is classified as ‘good’.

 

16.    The applicant’s Traffic Consultant has conducted surveys of other ALDI stores and has found that peak hour traffic generation is between 160 to 240 vehicles. The RTA guidelines suggest that 25% of visits are likely to be passing trade, that is cars that would have driven past the premises regardless of their visit to the store. The applicant’s traffic consultant has adopted the RTA rate of 25% passing trade in modelling the traffic impact. Modelling of the impact of the additional traffic on the intersection of Oxford Street and Woodville Road has shown that the additional traffic would not change existing levels of service on Saturdays and Thursday.

 

17.    Council’s Traffic Engineer reviewed that application and initially raised concerns with the impact of the development on the queuing of vehicles making left and right turns onto Woodville Road from Oxford Street and the traffic safety issues associated with providing a driveway shared by both customer and delivery vehicles.

 

18.    The vehicular access to the site has been redesigned so that vehicles exiting the site are directed between a median island designed to encourage vehicles to make left turns out of the site. The addition of a median island on Oxford Street will further discourage vehicles from making right turns out of the site. The access has been designed with mountable kerbs so that trucks can access the site. The revised design is support by Council’s Traffic Engineer and the RTA.

 

19.    The applicant has advised that deliveries to the site will generally occur outside the stores opening hours to minimise disruption to customers. In the event that a delivery occurs whilst the store is open the driver of the vehicle will contact the store manager and staff would stop vehicles from leaving the car park, the truck would enter the site and stop adjacent to the western boundary, when the Oxford Street traffic signals turn red and no vehicles wish to enter the site the truck would proceed to reverse into the loading dock. The applicant has advised that this procedure is in place at other ALDI stores and would take approximately 2 minutes. The applicant has advised that all ALDI trucks are equipped with reversing cameras. Council’s Traffic Engineer is satisfied that the proposed arrangements satisfactorily address the previous safety concerns subject to the deliveries being restricted to outside peak traffic periods and school pick up and drop off times.

 

Traffic Committee

 

20.    The Parramatta Traffic Committee (PTC) at its meeting on 11 August 2008 considered a report regarding the above matter and recommended:

 

“That, subject to the ALDI Supermarket being approved, the following works be approved:

 

A.      The proposed concrete median island in Oxford Street fronting the development site for ALDI Supermarket and channelised treatment at the exit driveway.

 

B.      A ‘No Stopping’ zone adjacent to 278 Woodville Road, Guildford outside the proposed ALDI Supermarket in Oxford Street.

 

C.      Double barrier line marking (BB lines) in Oxford Street associated with the traffic signals at Woodville Road to be extended from the end of the proposed concrete median island to the eastern kerb alignment Highland Street.”

 

21.    Accordingly, Council at its meeting on 25 August 2008 considered the report from the PTC and resolved:

 

“Further, that in relation to Item 2 regarding Oxford Street, Guildford - Concrete Median Island Outside Proposed Aldi Supermarket, consideration of this matter be deferred back to the Parramatta Traffic Committee pending a comprehensive report addressing the following issues:-

 

A.      Information needed in terms of the traffic count for Oxford Street and Woodville Road;

 

B.      Comment on the ability to access the plan as agreed to by the Parramatta Traffic Committee.

 

C.      Information on how vehicles will enter the site from west and north of area”.

 

22.    A report will be referred back to the Parramatta Traffic Committee for consideration at its next meeting to be held on 6 November 2008. The PTC’s recommendation on this item will be submitted to Council for approval at the Council meeting to be held on 24 November 2008.

 

B Doubles

 

23.    On 25 August 2008 Council resolved to prohibit B Double vehicles from using Oxford Street. The proposed supermarket will be serviced by 19m semi trailers. All deliveries to ALDI stores are made from an ALDI warehouse. ALDI do not use B Double vehicles to make deliveries to any stores located in the Sydney metropolitan area. The applicant has advised that B Double vehicles will never be used for deliveries to the proposed supermarket.

 

Delivery Times

 

24.    The statement of environmental effects suggested that deliveries would occur between the hours of 6.00am and 10.00pm whilst the acoustic report suggested that deliveries would occur between the hours of 6.00am and 11.00pm.

 

25.    The applicant provided confirmation by letter of 10 April 2008 that as a result of traffic conditions, deliveries may occasionally occur between the hours of 10.00pm and 11.00pm. The applicant is seeking approval to carry out deliveries between 6.00am and 11.00pm.

 

26.    The acoustic report states that an internal noise level of between 60-65dBA is unlikely to cause awakening reactions and that one or two events with an internal noise level of between 65-70dBA is unlikely to affect health and well being significantly.

 

27.    The tables in the acoustic report show a tendency for the background noise levels to fall during the night time period and then to rise again in the morning period as traffic volumes increase. The tables suggest that the background noise level (L90) is between 50-55dBA at 10.30pm on a weeknight and slightly higher than this at 6.30am in the morning.

 

28.    The predicted noise level inside No. 2 Oxford Street from a truck making a delivery is 66dBA, the acoustic report acknowledges that this exceeds the recommended maximum of 60-65dBA to avoid awakening reactions. The report suggests that one or two events with a noise level of between 65-70dBA are unlikely to affect health and well being significantly.

 

29.    Deliveries between the hours of 10.00pm to 11.00pm, and 6.00am to 7.00pm do have the potential to cause awakening reactions. The noise from a truck making a delivery would be between 1dBA to 6dBA higher than the recommended level to avoid awakening reactions. Allowing deliveries between the hours of 10.00pm to 11.00pm and 6.00am to 7.00am provides a benefit to the supermarket whilst potentially having a significant negative impact on the amenity of the occupants of No. 2 Oxford Street.

 

30.    Council’s Traffic Engineer and the RTA have advised that deliveries to the supermarket should be made outside the morning and afternoon peak hours between 7.00am and 10:00am and between 2.30pm and 6.00pm for safety reasons and to minimise vehicular conflicts with customers. As a result of the traffic and amenity concerns a condition is recommended restricting deliveries to the hours of 10.00am to 2.30pm and 6.00pm to 10.00pm.

 

Street Setback

 

31.    Part 3.2 of Parramatta DCP 2005 states that a nil street setback applies to site zoned Centre Business 3(a). While parts of the proposed development have been built to the street boundaries it is acknowledge that the majority of the building is set back from the boundaries to Oxford Street and Woodville Road.

 

32.    A nil setback is considered appropriate for Centre Business zones, particularly when developments will form a row of shops or are located in a commercial centre. The subject site is unique in that it shares only the southern boundary with a similarly zoned site and that the adjoining sites to the west are zoned residential. The site is not located in a commercial centre and does not have a high density commercial character. The majority of buildings in proximity to the site are set back from their street boundaries. These setbacks generally contain landscaping or hardstand areas.

 

33.    The non compliance with the setback control is considered acceptable because the planning outcome achieved better suits the context of the site and the proposed use.

 

CONSULTATION

 

34.    In accordance with Council’s Notification Development Control Plan, the proposal was notified between 5 March 2008 and 26 March 2008. Three submissions of objection plus a petition of objection with signatures from 10 properties was received. 

 

35.    Amended plans were notified between 30 July 2008 and 20 August 2008, in response eight submissions supporting the development, one submission of objection, and a petition objecting with signatures from 15 properties was received.  The following issues were raised in the submissions:

 

Community Consultation

 

36.    Concerns have been raised that Council has failed to notify the streets surrounding Oxford Street which would also be affected by the proposed development.

 

37.    The application was notified in accordance with the requirements of the Notification DCP. This notification process included 95 notification letters sent to nearby properties, a notification sign being placed on the site, and an advertisement in the local paper. The application has been notified in accordance with the Notification DCP.

 

Consultation with the Department of Education

 

38.    Concern has been raised that Council failed to notify the Department of Education with regard to the Granville South Public School located on the opposite side of Oxford Street.

 

39.    Granville South Public School was notified of the proposed development and a submission was received from the Principal of the school. The issues raised in the submission have been addressed in this report.

 

Pollution

 

40.    Concern has been raised that Council has not taken into consideration the additional pollution that would result from the development.

 

41.    An Energy Performance report was submitted with the development application and the building has been designed to minimise energy usage. The building will be insulated and windows have been provided to allow for natural lighting within the supermarket. The development satisfactorily addresses Part 4.2.6 ‘Energy Efficiency’ of Parramatta DCP 2005. The traffic generated by the development is within the expected range having regards to the types of development permissible on the site. Increased pollution from additional traffic generated by the development is not an issue which could be used to refuse the application. 

 

Consultation with the RTA

 

42.    Concern has been raised that Council has not consulted with the RTA regarding the location of the driveway.

 

43.    The application was referred to the RTA on 28 February 2008. The RTA has been consulted with regard to the location of the proposed driveway and has also been consulted on the revised driveway design. A marked up copy of the site plan was attached to the RTA’s submission of 9 July 2008. The RTA has provided specific advice of the design of the driveway and the RTA has not raised any objections to the amended development.

 

Heavy vehicles on Oxford Street

 

44.    Concern has been raised that Oxford Street is a local street and should not be used by heavy vehicles.

 

45.    Heavy vehicles associated with the supermarket would only use that portion of Oxford Street within the frontage of the site. It is noted that the supermarket would only require between 1 to 4 deliveries per day.

 

Heavy vehicles on Hawksview Street

 

46.    Concern has been raised that Oxford Street becomes Hawksview Street on the western side of the railway line and that this street is restricted to vehicles less than 5 tonnes. The objector suggests that trucks will use Highland Street to perform dangerous U-turns in order to avoid Hawksview Street.

 

47.    The driveway has been designed to allow heavy vehicles to mount the median within the site so that they can make right turns onto Oxford Street, the trucks will not require access to other local streets in order to return to Woodville Road.

 

Increased traffic

 

48.    Concern has been raised that the development will increase traffic on nearby streets, particularly due to vehicles leaving the site and heading in a westerly direction along Oxford Street.

 

49.    The site is zoned Centre Business 3(a) and shops are a permissible use in this zone. The density of the development is less than the maximum permitted by Parramatta LEP 2001. It should be noted that the basement which has a gross floor area of 2175m2 has been included in the floor space calculation because the slope of the site results in it projecting more than 1.2m above the natural ground level. The basement represents 56% of the total floor area of the development. However the basement is not a traffic generating portion of the development. If the basement were not included as floor space the FSR of the development would be 0.59:1.

 

50.    The increased traffic from the development will be significantly less than a development which achieved the maximum floor space ratio prescribed by Parramatta LEP 2001. A Traffic Report was submitted with the application, Council’s Traffic Engineer has undertaken an assessment of the proposal, and the application was referred to the RTA. Surveys of similar ALDI supermarkets indicate that the peak weekday traffic generation would be 160 vehicles per hour and the peak weekend traffic generation would be 240 vehicles per hour. The RTA guidelines state that 25% of these vehicle trips would be passing trade, the other 75% would be vehicles trips directly as a result of the supermarket. Therefore the development would increase traffic by 120 vehicles per hour on a weekday and 180 vehicles per hour on a weekend.

 

51.    The Traffic Report indicates that peak two way traffic flows on Oxford Street are 1575 vehicles on a weekday and 1280 vehicles on a Saturday. The development would increase traffic on Oxford Street by a maximum of 7.6% on a weekday and a maximum of 14% on a weekend. The street network is capable of handling the increased traffic, the increased traffic is consistent with the zoning of the site, and the development could not be refused on traffic grounds.

 

Air pollution

 

52.    Concern has been raised that the increased traffic resulting from the development would increase local air pollution.

 

53.    The increased traffic from a development is a outcome of its density and use. Both the density of the development and the proposed use are consistent with the requirements of Parramatta LEP 2001. The application could not be refused due to the air pollution from the additional vehicle trips.

 

Noise pollution

 

54.    Concern has been raised that the additional noise from the supermarket including the mechanical plant and vehicles will have a detrimental impact on the amenity of the area.

 

55.    An acoustic report was submitted with the application. The report makes a comparison of the predicted noise emissions from the development with recognised acoustic standards. The report concludes that noise from the development would not have a negative impact on the amenity of the adjoining properties and increase noise from increased traffic would not exceed recognised standards.

 

Building Code of Australia and mechanical plant

 

56.    Concern was raised that the development must comply with the requirements of the Building Code of Australia and mechanical plant must be visually and acoustically screened.

 

57.    A standard condition will be imposed requiring compliance with the Building Code of Australia. All mechanical plant will be located inside the building. An acoustic report was submitted with the application, this report includes an assessment of the noise from mechanical plant. The report concludes that the noise from the mechanical plant will comply with the requirements of the Industrial Noise Policy. 

 

Safety of school children

 

58.    The Principal of Granville South Public School has raised concern that students currently use the footpath on the Oxford Street frontage of the site and that zebra crossing lines and signage should be provided.

 

59.    A person crossing the driveway would be clearly visible to motorists, zebra crossing lines could not be provided because there are no recognised standards for the design of pedestrian crossings over driveways. Additional signage advising drivers to be alert for pedestrians is considered appropriate and a non standard condition to facilitate the installation of the signage has been included in the Recommendation.

 

Rubbish

 

60.    The Principal of Granville South Public School has raised concern that the development will generate additional rubbish.

 

61.    The bin storage room for the supermarket is located adjacent to the entrance to the loading dock. The bin storage room is for the disposal of waste generated by the store. Litter associated with supermarkets is generally confined to the car parking areas. The car parking area is located inside the basement. It is unlikely that the site will generate any rubbish in areas visible from the street. Rubbish bins will be provided within the forecourt and these will be emptied daily by staff of the supermarket.

 

Additional traffic on Highland Street

 

62.    The Principal of Granville South Public School has raised concern that Highland Street is a major pick up point for the students and that the development will increase the number of vehicles using Highland Street to turn around.

 

63.    Only vehicles wishing to make right turns at Woodville Road would need to turn around on Highland Street after leaving the site. Vehicles wishing to proceed north along Woodville Road could turn left into Marian Street and use McArthur Street to return to Woodville Road.  The additional traffic generated by the development would have only a minor impact on the number of vehicles using Highland Street to turn around.

 

ON SITE MEETING

 

64.    Council, at its meeting of 26 May 2008, resolved that all applications subject to 7 of more submissions be subject to a site inspection prior to being determined at a Regulatory Meeting.

 

65.    Due to the local government elections being held in September the on site meeting has been scheduled for 4 October 2008. At the time of preparing this report the on site meeting had not been held. The minutes of the meeting will be circulated to all Councillors prior to the Council meeting.

 

 

 

 

Jonathan Goodwill

Senior Development Assessment Officer

 

 

Attachments:

1View

Plans and Elevations

11 Pages

 

2View

Development Application History

1 Page

 

3View

Locality Map

1 Page

 

4View

Traffic Report prepared by applicant's Traffic Consultant

24 Pages

 

5View

Traffic Comments from Council's Traffic Engineer

3 Pages

 

 

 

REFERENCE MATERIAL

 


Ordinary Council 7 October 2008

Item 12.4

DEVELOPMENT APPLICATION

ITEM NUMBER         12.4

SUBJECT                   13 Darcy Road and 14 Mons Road Westmead (Lot 12B and Lot 11A DP 448607) (Arthur Phillip Ward)

DESCRIPTION          Demolition of existing child care centre within No. 13 Darcy Road and construction of a 3 storey extension to the Westmead Private Hospital. (Locality Map - Attachment 2)

REFERENCE            DA/144/2008 - Submitted 4 March 2008

APPLICANT/S           Ramsey Health Care

OWNERS                    Alpha Westmead Private Hospital

REPORT OF              Manager Development Services       

 

EXECUTIVE SUMMARY

 

Development Application No. 144/2008 seeks approval for the demolition of an existing child care centre and the construction of a 3 storey extension to the Westmead Private Hospital. The proposed development is a permissible use and consistent with the zone objectives. The application has been referred to Council for determination due to the number of submissions received.

 

It is considered approval of the application for an additional ward at Westmead Private Hospital will benefit the wider community and assist in the continuation of teaching for medical staff.

 

Whilst approval results in the closure of an existing child care centre, it is considered the wider locality has sufficient child care places to cater for these children.

 

Accordingly, approval of the application is recommended subject to standard and extraordinary conditions.

 

 

RECOMMENDATION

 

(a)       That Development Application No. 144/2008 be approved subject to standard conditions and the following extraordinary conditions:

 

1.    External privacy screens consisting of steel mesh or fixed lourvres are to be fixed to the 15 maternity ward windows on the western elevation. Privacy screens for the windows to the special care nursery are optional.

Reason: To protect the privacy of the adjoining dwelling.

 

2.    A new pedestrian crossing facility is to be installed at the end of the existing island outside property No. 13 Darcy Street to enhance pedestrian safety. All costs associated with the installation of this pedestrian crossing facility to be paid for by the applicant at no cost to Council. Note that the existing pedestrian refuge island would need to be removed to allow two continuous traffic lane (3.2m wide) along this section of Darcy Road.

 

A detailed design plan of the proposed pedestrian crossing facility is to be submitted to Council’s Manager Capital Projects for approval and to Council’s Traffic Engineering Advisory Group for consideration prior to the release of the construction certificate.

Reason: To provide for the increased pedestrian and vehicle traffic which will result from the development.

 

3.    Fifty-two off-street parking spaces (including 4 disabled parking spaces, as shown on the DA Plan WPH2-P-Site) to be provided, permanently marked on the pavement and used accordingly.  The dimensions for parking spaces and aisle width to be in accordance with AS 2890.1-2004 ( for user class 3 - 2.4m wide x 5.4m long clear of columns plus 300mm clearance adjacent walls & 5.8m aisle width minimum).  The disabled parking space dimensions to be 3.8m wide x 5.5m long according to Council’s DCP 2005. An aisle extension of at least 1m wide shall be provided as a manoeuvring area at the end of the parking spaces.

Reason: To provide adequate car parking for the development. 

 

4.    Traffic calming devices (ie. speed humps or similar) to be provided along the parking area (along the western property boundary) at 20m interval between each speed hump (ie. 4 speed humps), the first speed hump to be installed about 5-10m after the entry/exit access to the carpark area.  Additional speed humps should be provided near the southern entrance to the loading dock (adjacent to spaces numbered 49/50) and at the northern end of the narrow section (adjacent to spaces numbered 41 and 42) of the internal road to the loading dock.

Reason: Traffic safety.

 

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

 

 

SITE & LOCALITY

 

1.      The subject site is known as the Westmead Private Hospital, the building is 3 storeys in height and the walls are clad with a white ‘mini-orb’ material with a pitched sheet metal roof that overhangs the walls of the building. A development application (DA/182/2006) for the construction of a three storey addition on the northern boundary of the site over the existing bitumen car parking area was approved under delegation in 2006. The main client vehicle and pedestrian access to the site is from Darcy Road, however employee access is predominantly obtained from the Mons Road entrance.

 

PROPOSAL

 

2.      Demolition of existing child care centre at No. 13 Darcy Road and construction of a 3 storey hospital building that will be physically connected to the Westmead Private Hospital. The 3 storey addition will contain additional car parking for 52 vehicles and an oncology ward on the ground floor level, a 39 bed maternity ward on the first floor level and a 38 bed general ward on the second floor level.

 

STATUTORY CONTROLS

 

Parramatta Local Environmental Plan 2001

 

3.      The site is zoned Mixed Use 10 under Parramatta Local Environmental Plan 2001. The development is defined as a hospital. The proposed use is permissible within the Mixed Use 10 zone with the consent of Council. The proposed development is consistent with the objectives of the PLEP 2001.

 

Parramatta Development Control Plan 2005

 

4.      The provisions of Parramatta Development Control Plan 2005 have been considered in the assessment of the proposal. The proposal achieves compliance with aims and objectives of the plan. The proposal does not comply with the 6m rear setback and 3 hour solar access requirements. These non compliances will be discussed in the ‘ISSUES’ section of the report.

 

CONSULTATION

 

5.      In accordance with Council’s Notification Development Control Plan, the proposal was notified between 2 April 2008 and 23 April 2008. Three submissions from individuals and a petition with approximately 50 signatures was received. The following issues were raised in the submissions.

 

Traffic impacts

 

6.      Concern has been raised that the development will result in increased traffic congestion and that patients and visitors of the hospital use the driveway of the property at No. 17 Darcy Road to perform U turns given a gap in an existing concrete median island to prevent west bound vehicles from making turns directly into the hospital.

 

7.      The area has been zoned to permit higher density development and increased levels of traffic will result from these increased densities. It is noted that the density of the development is less than the maximum permitted by Parramatta DCP 2005. Councils Traffic Engineer has reviewed the proposal and has not raised any concerns that the development would have a significant adverse impact on the road network.

 

Existing child care centre at No. 13 Darcy Road

 

8.      Concern has been raised that the development will result in the closure of the child care centre located at No. 13 Darcy Road

 

9.      The subject development application has been submitted by the owner of No. 13 Darcy Road. The decision by the owner of No. 13 to demolish the child care centre to allow for an expansion of the hospital is a private matter. The social impact of the closure of a single child care centre is not a relevant matter for consideration pursuant to S79C of the Environmental Planning and Assessment Act 1979.

 

Noise generated during construction work

 

10.    Standard conditions will be imposed requiring that noise from construction work being limited to that permitted by the Australian Standards.

 

Noise impacts to adjoining properties

 

11.    The resident of No. 15 Darcy Road raised concern with increased noise levels due to the new car park.

 

12.    In response to a request from Council staff an acoustic report was submitted by the applicant on 23 June 2008. The acoustic report includes an assessment of the noise impacts from mechanical plant and vehicles movements. The report recommends the construction of an acoustic barrier along the boundary shared with No. 15 Darcy Road, acoustic treatment to the plant room, and a redesign of the toilet exhaust system. The report concludes that the implementation of these measures will ensure compliance with recognised acoustic standards.

 

13.    Compliance with the recommendations of the acoustic report will be imposed as a standard condition of development consent.

 

Privacy

 

14.    The resident of No. 15 Darcy Road has raised concerns regarding the privacy impact of the proposal.

 

15.    The western elevation of the development faces No. 15 Darcy Road. There are 19 windows on the first floor level that face No. 15 Darcy Road. The first floor level contains a maternity ward and a special care nursery.

 

16.    Three windows to the hallways within the maternity ward face No. 15 Darcy Road. The windows have a setback of 3.5m from the boundary shared with No. 15 Boundary Road. The windows have dimensions of 2.2m in height and 1.8m in width. The location and size of these windows indicate that they will adversely affect the privacy of No. 15 Darcy Road. An extraordinary condition is recommended requiring that external privacy screens be fixed to these windows to address privacy issues.

 

17.    Four windows to the special care nursery face No. 15 Darcy Road. The windows have a setback of 3.14m from the boundary shared with No. 15 Darcy Road. The windows to the special care nursery face the rear portion of the backyard of No. 15 Darcy Road. Having regard to the location of the windows and the nature of the rooms which they serve, these windows are unlikely to have a significant impact on the privacy of No. 15 Darcy Road. Whilst privacy screens are not required the condition in the recommendation allows screens to be provided should be applicant/developer wish to retain a consistent fenestration treatment for the western elevation of the development.

 

18.    The first floor level of the building also contains twelve private rooms which each have a window facing towards No. 15 Darcy Road. A staggered setback has been provided to the building such that some portions of the first floor are set back further from the side boundary than others. The twelve windows to the private rooms have a setback of 9.3m from the western boundary. The glazing used for these windows is a reflective glass as used throughout the hospital. The applicant has advised that a sheer curtain and a blind will be provided within the room. Whilst the curtain and blind could be used when the occupant of the room desired privacy, it is likely that the blinds would be open during the day to provide a view, this view would be to the backyard of No. 15 Darcy Road. The residents of No. 15 Darcy Road would have a perception of being overlooked. The private rooms within the maternity ward are unlike bedrooms which are usually used at night, the rooms will be occupied throughout the day and the patient is likely to have visitors. It is also noted that the window sill levels are between 3m to 4m above the ground level of the backyard and there are a significant number of windows. An extraordinary condition is recommended requiring external privacy screens consisting of steel mesh or fixed lourvres to be fixed to the maternity ward windows on the western elevation.

 

19.    The second floor level of the building contains a general ward with 38 beds. The windows from 21 private rooms face No. 15 Darcy Road. All the windows have a setback of 10.84m from the western boundary. The selected glazing is the same as currently used throughout the hospital. A sheer curtain will be provided inside the room for privacy purposes and a blind is also provided to shut out any light. The windows are higher than the first floor level windows and will provide a district view, rather than a direct view to No. 15 Darcy Road. It is considered that the combination of the selected glazing, 10.84m side setback, and the sill height of the windows will minimise any privacy impact on No. 15 Darcy Road.

 

ON SITE MEETING

 

20.    Council, at its meeting of 25 June 2007, resolved that all applications subject to 5 of more submissions be subject to a site inspection prior to being determined at a Regulatory Meeting.

 

21.    In accordance with the above resolution, an invitation to Councillors, Council officers, the applicant and the objectors was sent in relation to the inspection to be held on 17 June 2008, commencing at 5.00pm.

 

23.    Present at the site meeting were the Lord Mayor Councillor Barber, Council’s Team Leader Development Assessment, the applicant and 9 residents. The following issues were discussed at the meeting:

 

Traffic

 

24.    Concern was raised that many residents of Darcy Street currently have difficulty in turning right out of their driveways especially in peak periods and raised concern that this hospital development as well as other developments in the Westmead precinct will exasperate the problem. Residents also advised that many vehicles speed along Darcy Street, further increasing the risk for motorists turning right into Darcy Road. It was indicated that there had been 3 accidents in the vicinity of the site recently.

 

25.    The Chairperson requested that an accident history for the area be included in the future council report.

 

26.    A resident also suggested that it would be appropriate to place a speed camera in the area to reduce vehicle speeds.

 

27.    A copy of the accident history for the area has been included as an attachment to this report. (Refer to attachment No. 4).

 

28.    The alleged issue with regard to speeding vehicles is not an issue relevant to the consideration of the subject development application.

 

Parking

 

29.    Objectors advised that turning out of their properties was often exacerbated by illegally parked vehicles associated with the hospital. Concern was also expressed that the clearway zones were rarely enforced by Council’s Parking Officers.

 

30.    The chairperson requested that a CRM be lodged to ask Council’s traffic section to increase monitoring of this section of Darcy Road.

 

31.    CRM 484748 has been lodged to facilitate the increased monitoring of the clearway zones. This has been investigated by Council’s Parking Rangers.

 

Loss of Existing Childcare Centre

 

32.    Objectors expressed concern that proceeding with this development would not be in the public interest as it will result in the loss of the existing childcare centre on the site that provides a valuable service to the wider community

 

33.    The decision to close the centre is a private matter for the land owner. The child care centre could be closed without any approval from Parramatta Council being obtained. The child care centre could also be demolished by the issue of a Complying Development Certificate. Whilst the child care centre does provide a valuable service to the community, it could also be argued that the proposed hospital extension would provide an equally valuable service to the wider community. The proposed development for a hospital is a permissible use and the closure of the child care centre could not be used as a reason to refuse the application.

 

ISSUES

 

Rear Setback

 

34.    Part 3.1 of Parramatta DCP 2005 requires that a 6m rear setback be provided for non-residential development in the Mixed Use 10 zone. A 3m setback to the rear (northern) boundary of the site has been provided.

 

35.    The DCP does not provide any objectives for the 6m rear setback control, however Part 4.1.10 of the DCP requires that the rear setback for Mixed Use development is to be a deep soil zone.

 

36.    The adjoining site to the west contains a single dwelling with a rear setback of more than 40m, the villa complex which adjoins the single dwelling has a varied rear setback, which on average, is less than 6m.

 

37.    The north eastern portion of the hospital was recently extended pursuant to development application No. 182/2006. The setback of the building from the northern boundary is 2m, this boundary was considered to be the side setback during the assessment of this application because it adjoins the side boundaries of adjoining sites and this part of the hospital has access to Mons Road.

 

38.    Corner sites pose many difficulties when attempting to apply controls which were prepared for sites which have a single street frontage. Adjoining developments have rear setbacks of less than 6m and portions of the hospital also have setbacks of less than 6m from the northern boundary, notwithstanding that this occurs in areas where the setback from the northern boundary is considered to be a side setback. The proposed 3m setback is considered acceptable in the circumstances of this application.

 

Traffic

 

39.    Council’s Traffic Engineer has reviewed the proposal and noted that the increase size of the hospital will result in an increased number of employees, patients and visitors. To provide appropriate pedestrian access to the site, particularly for people who do not park their vehicle within the site, a condition has been recommended requiring the construction of a pedestrian median island opposite the frontage of No. 17 to No. 13 Darcy Road. A condition of consent will be imposed regarding the procedures to be followed for the construction of the median island.

 

Solar Access

 

40.    The single storey dwelling at No. 15 Darcy Road has a living room with a single east facing window. An awning has been fitted over this window but the awning does not restrict solar access to less than 50% of the glass area. Land and Environment Court planning principles suggest that a window can be considered to be in sun if at least 50% of its surface area is receiving sunlight. The proposed development will cast a shadow over the entire surface area of the window from 9.00am to 10.15pm. After 10.15am the shadow from the development will fall below the sill and the only shading of the window will be from its own awning.

 

41.    The living room will not receive 3 hours solar access as required by Part 4.3.4 ‘Solar Access and Cross Ventilation’ of Parramatta DCP 2005.

 

42.    Both No. 15 Darcy Road and the development site are zoned Mixed Use 10. Four storey buildings are permitted in this zone. The proposed building is 3 storeys in height. The DCP requires side setbacks to be nil if there is a party wall or 1.5m for the ground floor and first floor and 3m on the 2nd floor and above. The side setback of the ground floor oncology ward is 3m, first floor level 3m, and 2nd floor level 6.5m. No wall is provided to the car park at the ground floor level which has a finished level approximately 2m lower than the ground level of No. 15 Darcy Road.

 

43.    The proposed building is of significantly lower height than permitted in the zone and the setback of the 2nd floor level is more than twice that required by the DCP controls. A development which complied with the minimum requirements of the DCP would have a substantially greater impact on the solar access to No. 15 Darcy Road. The loss of solar access to No. 15 Darcy Road is considered acceptable in the circumstances of the case.

 

Site Isolation

 

44.    The proposed development would result in the isolation of No. 15 Darcy Road as it would be situated between a villa complex and the Westmead Private Hospital. Council staff requested the applicant to prepare a valuation of No. 15 Darcy Road and make an offer to purchase the property. A valuation report was submitted, the report suggested a ‘lower value’ of $850,000, ‘probable value’ of $895,000 and ‘higher value’ of $895,000.

 

45.    On 4 July 2008 the applicant wrote to the owner of No. 15 Darcy Road offering to purchase the property for $850,000 plus an additional $15,000 to cover expenses.

 

46.    On 14 July 2008 Council received a submission from Haskard & Co Solicitors on behalf of the owner of No. 15 Darcy Road. The submission raised concerns with the proposed development and advised that their client, ‘did not wish to sell the home for many years’.

 

47.    Council staff raised concern that the offer made was not reasonable because it did not reflect the ‘probable value’ suggested by the valuation report. On 7 August 2008 the applicant sent a further letter to the owner of No. 15 Darcy Road requesting that they provide confirmation that they do not wish to sell the property regardless of a higher offer being made. The applicant did not receive a response to this letter.

 

48.    The isolation of No. 15 Darcy Road is likely to affect its future development potential. However, a range of uses are permissible in the Mixed Use 10 zone and the site may be suitable for a use which does not maximise its development potential. The decision by the owner of No. 15 Darcy Road to retain ownership of the property is not an issue that could be use to refuse the development application.

 

Integrated Development

 

49.    The application is classified as Integrated Development because a controlled activity approval under the Water Management Act 2000 is required. This is due to works being proposed within 40m of a creek located to the rear of the site. The application was referred to the Department of Water and Energy for their ‘General Terms of Approval’. The statutory time frame for the Department to provide their comments has expired (21 days), and the application can be determined in the absence of the Departments comments in accordance with the provisions of the Environmental Planning and Assessment Act 1979.

 

Car Parking

 

50.    The site is subject to the Primary Centre controls of Sydney Regional Environmental Plan No. 28. To encourage the use of public transport this Environmental Planning Instrument limits the number of car spaces that can be provided to a development. The gross floor area of the proposed extension is 3487m2. The car parking rate is 1 space per each 50m2 of gross floor area. The maximum number of additional car parking spaces that can be provided is 69. The development provides an additional 52 car spaces in compliance with the requirements of SREP No. 28.

 

 

 

 

Jonathan Goodwill

Senior Development Assessment Officer

 

 

Attachments:

1View

Development Application History

1 Page

 

2View

Locality Map

1 Page

 

3View

Plans and Elevations

4 Pages

 

4View

Accident History

1 Page

 

 

 

REFERENCE MATERIAL

  


ORDINARY Council

 7 October 2008

 

 

 

City Development

 

07 October 2008

 

14.1  Amendments to Parramatta City Centre Local Environmental Plan (LEP) 2007 to correct misdescriptions and errors


Ordinary Council 7 October 2008

Item 14.1

CITY DEVELOPMENT

ITEM NUMBER         14.1

SUBJECT                   Amendments to Parramatta City Centre Local Environmental Plan (LEP) 2007 to correct misdescriptions and errors

REFERENCE            F2006/00601 - D01036983

REPORT OF              Project Officer       

 

PURPOSE:

 

This report seeks a resolution from Council to prepare draft LEP amendments under Section 73A of the Environmental Planning and Assessment Act 1979, to correct minor errors and anomalies in the Parramatta City Centre LEP 2007 and for these amendments to be submitted to the Department of Planning.

 

 

RECOMMENDATION

 

(a)     That Council resolve to prepare LEP amendments as outlined in Attachments 1 - 3 to correct minor errors and anomalies as contained within Parramatta City Centre LEP 2007.

 

(b)     That Council endorse the information in Attachment 1, to be submitted in the required pro forma as a Section 73A Environmental Planning and Assessment Act submission to the Department of Planning.

 

(c)     Further, that any of the amendments not able to be progressed under s73A be included in the first general City Centre LEP review, to be undertaken at the earliest possible opportunity, given resources required to progress the city wide draft LEP.

 

 

BACKGROUND

 

1.      Council resolved, in response to a report on the assumed concurrence from the Director-General to vary development standards in the City Centre LEP, at its meeting on 28 July 2008:

 

‘That Council seek a report from the Manager Land Use and Transport Planning as to an appropriate process that could be implemented, after a dialogue with the Director-General, to address LEP anomalies and errors’.

 

2.      There are two ways of making amendments to an LEP under the Environmental Planning & Assessment Act 1979 (EP&A Act). One is the standard LEP amendment process, including public exhibition. The other, under Section 73A of that Act, allows certain types of minor amendments (such as correcting misdescriptions and other obvious errors), without the normal 28 day public exhibition process.

 

3.      Council staff sought advice from the Department of Planning as to whether specific anomalies could fall into the category of ‘misdescriptions’ or ‘obvious errors’. Department of Planning staff were unwilling to offer an opinion, but indicated that in order to address minor City Centre LEP amendments under Section 73A, Council should make a submission using the Department’s pro forma. The pro forma includes a Council resolution to make specific amendments. The Department will then review the amendments to determine if they meet the requirements of S73A and if so will forward Council's proposals to its LEP Review Panel for consideration.

 

4.      If any of the amendments are not agreed to by the Department under S73A, they would need to be part of a standard LEP amendment process. The first general review of the City Centre LEP will be progressed as at the earliest opportunity, subject to resources required to progress the city wide draft LEP.

 

ISSUES/OPTIONS/CONSEQUENCES

 

5.      A list of potential S73A amendments to the Parramatta City Centre LEP 2007 to resolve a number of minor errors and anomalies is outlined in Attachment 1.  The potential amendments are considered to satisfy the criteria of Section 73A and the Department of Planning circular PS 06-014. The criteria indicate that there should be no need for public exhibition of the draft amendment and that there is no material effect ‘on-the-ground’.

 

6.      Attachment 1 sets out for each issue: why there is a problem, what needs to be done to rectify the problem and a statement indicating why the proposed amendment is suitable to be made in accordance with Section 73A.  In addition, the circular also requires preparation of specific amendments, which have been prepared as draft Amendment No 2 (Attachments 2 & 3) to Parramatta City Centre LEP 2007.

 

CONSULTATION & TIMING

 

7.      If the Department of Planning agrees that the amendments can proceed under S73A, they are referred to the Department’s LEP Review Panel for further assessment and if agreed to by the Panel, the amendments are then be sent to the Department's Legal Services Branch and Parliamentary Counsel.  The amendments would then be endorsed by the Minister for Planning and published in the Government Gazette. There is no public exhibition and notification occurs when the Government Gazette is published.  Whilst the Department has set a benchmark of 15 days for considering S73A proposals, it is likely to take 4 – 6 months before the amendments are gazetted. However, it would take longer for the amendments to proceed under the normal LEP amendment process.  

 

CONCLUSION

 

8.         The LEP amendments propose to correct minor errors and misdescriptions within the City Centre LEP 2008.  It is recommended that Council resolve to proceed with a S73A submission to the Department of Planning to progress the amendments through this process.

 

 

 

 

Paul Kennedy

Project Officer

Land Use in Transport Planning

 

 

Attachments:

1View

Potential proposed amendments to Parramatta City Centre LEP 2007

6 Pages

 

2View

Proposed draft Amendment No 2 to Parramatta City Centre LEP 2007

3 Pages

 

3View

Planning maps for draft Amendment No. 2

7 Pages

 

 

 

REFERENCE MATERIAL

     


ORDINARY Council

 7 October 2008

 

 

 

City Leadership and Management

 

07 October 2008

 

15.1  Annual Aboriginal Local Government Network Conference
Armidale 25-27 November 2008

 

 

 

 

15.2  Local Government Conference Broken Hill 25-29 October 2008

 

 

 

 

15.3  Parks and Leisure Australia 2008 National Conference

 

 

 

 

15.4  5th Annual Conference Risk Management Institution of Australia (RMIA) 2008, Perth Convention Centre, Western Australia, 16 - 18 November 2008

 

 

 

 

15.5  2008 Election of Executive Committee - Local Government Association of New South Wales

 

 

 

 

15.6  Election of Councillors to Internal/External Organisations/Boards/Committees

 

 

 

 

15.7  Recruitment of Group Manager Outcomes and Development


Ordinary Council 7 October 2008

Item 15.1

CITY LEADERSHIP AND MANAGEMENT

ITEM NUMBER         15.1

SUBJECT                   Annual Aboriginal Local Government Network Conference
Armidale 25-27 November 2008

REFERENCE            F2008/02991 - D00997306

REPORT OF              Service Manager - Council Support       

 

PURPOSE:

 

This report is placed before Council to seek the appointment of up to three (3) Councillors to attend the Local Government & Shires Association Aboriginal Network Annual Conference to be held in Armidale from 25 to 27 November 2008.

 

 

RECOMMENDATION

 

(a)     That Council nominate the Lord Mayor (or nominee) and up to two (2) Councillors to attend the Local Government & Shires Association Aboriginal Network Annual Conference to be held in Armidale from 25 to 27 November 2008.

 

(b)     That Council nominate alternate delegates to attend the Conference in the event that delegates are unable to attend.

 

 

BACKGROUND

 

1.      The Armidale Dumaresq Council will be hosting the Local Government & Shires Association Aboriginal Network Annual Conference to be held in Armidale from 25 to 27 November 2008.

 

2.      The main purpose of the network is to provide:-

 

·   A useful opportunity for the promotion of reconciliation with Aboriginal people.

 

·   An understanding of current issues in Local Government affecting Aboriginal people;

 

·   A mechanism for support and a venue for information exchange on existing and new programs and services in Local Government relevant to Aboriginal Communities;

 

3.      Participants are invited from State and Federal Government agencies having responsibilities in Aboriginal matters. Aboriginal and non-Aboriginal elected Councillors, Aboriginal and non-Aboriginal staff from Councils. Interested representatives of local Aboriginal organisations and communities are also invited to attend.

 

4.      Delegate registration, accommodation and out-of-pocket expenses total the approximate amount of $1,500 per delegate.

 

5.      This is a Category B conference as outlined in Annexure 1 of the conference categories from the Civic Office Expenses and Facilities Policy. Category B of this policy permits the attendance of not more than three (3) Councillors i.e. the Lord Mayor (or nominee) plus up to 2 other Councillors. All reasonable expenses will be paid.

 

ISSUES/OPTIONS/CONSEQUENCES

 

6.      A copy of the Conference Program is appended as Attachment 1. 

 

CONSULTATION & TIMING

 

7.      This report has been put to this meeting due to the time constraints on this conference and to allow ample time to Councillors to appoint delegates and peruse conference programs and selections.

 

 

 

Graeme Riddell

Service Manager – Council Support

 

 

Attachments:

1View

LGAN Brochure

1 Page

 

2View

LGAN Conference Program & Details

4 Pages

 

 

 

REFERENCE MATERIAL

 


Ordinary Council 7 October 2008

Item 15.2

CITY LEADERSHIP AND MANAGEMENT

ITEM NUMBER         15.2

SUBJECT                   Local Government Conference Broken Hill 25-29 October 2008

REFERENCE            F2008/02719 - D00997341

REPORT OF              Service Manager - Council Support       

 

PURPOSE:

 

To seek the appointment of up to five (5) Councillors (ie the Lord Mayor or nominee and 4 Councillors to attend the Local Government  Association of NSW Annual Conference 2008 to be held at the Broken Hill Entertainment Centre October from 25 – 29 October.

 

 

RECOMMENDATION

 

(a)     That Council appoint up to five (5) delegates (ie. The Lord Mayor or nominee and up to four (4) Councillors) to attend the Local Government Association of NSW Annual Conference 2008 to be held at the Broken Hill Entertainment Centre from 25 – 29 October.

 

(b)     That Council nominate alternate delegates to attend the Conference in the event that delegates are unable to attend.

 

 

BACKGROUND

 

1.      The Local Government Association is an association of councils representing metropolitan and large regional councils to provide leadership and advocacy for the benefit of the community. Over 600 delegates from member councils as well as representatives of County Councils meet to discuss and set policy for the coming year.

 

2.      Broken Hill City Council will co-host the 2008 Local Government  Association of NSW Annual Conference and the theme this year is “Inspiration in the Silver City”. Broken Hill  virtually developed overnight from a small, rural town to a properous city and is home to the largest exports of silver, lead and zinc in the world.

 

3.      Due to the high demand for accommodation at this conference, accommodation was booked 12 months in advance to secure our place.

 

4.      The following travel options have been explored.

 

(a)     Air - Flights to Broken Hill were unable to be booked through REX airlines as they required the passenger name  at the time of booking and do not allow name changes for these flights. At the time of enquiry availability was low, however once delegates have been appointed to attend, Councillor Support Officers will investigate the availability of flights to Broken Hill.

 

(b)     Rail - Countrylink operates a rail service to Broken Hill, however the return trip departs Broken Hill at 3.45am and therefore at present no fares have been booked until delegates have been appointed.

 

(c)     Car - Broken Hill is readily accessible on good sealed roads. Approximate drive time from Sydney is 12 hours. Delegates can claim their travel through the Civic Office and Expenses Policy at outlined in Section 7.2 Use of Private Vehicle.

 

5.      Delegate registration, accommodation and out-of-pocket expenses total the approximate amount of $3,400 per delegate.

 

6.      This is a Category A conference as outlined in Annexure 1 of the conference categories from the Civic Office Expenses and Facilities Policy and allows up to five delegates to attend. Reasonable expenses will be paid.

 

ISSUES/OPTIONS/CONSEQUENCES

 

7.      Notice for the submission of motions for the conference was circulated to Councillors by memo on 9 July 2008. The closing date for motions was 11 August 2008, however any motions received after this date will be considered late motions and will be received until close of business on 13 October 2008. Please note all motions must be adopted by Council before submitting to the Association.

 

CONSULTATION & TIMING

 

8.      This report has been put to this meeting due to the time constraints on this conference and to allow ample time to Councillors to appoint delegates and peruse conference programs and selections.

 

 

 

Graeme Riddell

Service Manager – Council Support

 

 

Attachments:

1View

LGA 2008 Program and Registration Brochure

12 Pages

 

 

 

REFERENCE MATERIAL


Ordinary Council 7 October 2008

Item 15.3

CITY LEADERSHIP AND MANAGEMENT

ITEM NUMBER         15.3

SUBJECT                   Parks and Leisure Australia 2008 National Conference

REFERENCE            F2008/02723 - D00997367

REPORT OF              Service Manager - Council Support       

 

PURPOSE:

 

This report is placed before Council to seek the appointment of up to one (1) Councillor to attend the annual Parks & Leisure Australia 2008 National Conference to be held at the Melbourne Exhibition Centre from 9 – 12 November.

 

 

RECOMMENDATION

 

(a)     That Council appoint up to one (1) Councillor to attend the Parks & Leisure Australia 2008 National Conference to be held in Melbourne, Victoria from 9-12 November 2008.

 

(b)     That Council nominate an alternate delegate to attend the Conference in the event that delegate is unable to attend.

 

 

BACKGROUND

 

1.         Council has received the details of the Parks & Leisure Australia 2008 National Conference which is to be held at Melbourne Convention Centre from 9-12 November 2008.

 

2.         The Parks & Leisure Australia 2008 National Conference theme is “Creating a Sense of Place” which will focus on the role of the parks and leisure industry in  Australia and highlight the significance of planning and creating special places for play, managing and maintaining place, engaging people, promoting place and confirming its importance to our society.

 

3.         The annual conference is hosted by a different state capital on at rotational basis. The detailed conference program is appended to this report as Attachment 1.

 

4.         Delegate registration, accommodation and out-of-pocket expenses total the approximate amount of $2,200 per delegate.

 

5.         This is a Category C conference as outlined in Annexure 1 of the conference categories from the Civic Office Expenses and Facilities Policy. Attendance at Category C conferences is limited to 1 Councillor. Reasonable expenses to be paid.

 

CONSULTATION & TIMING

 

6.         This report has been put to this meeting due to the time constraints on this conference and to allow ample time to Councillors to appoint delegates and peruse conference programs and selections.

 

 

 

 

Graeme Riddell

Service Manager – Council Support

 

 

Attachments:

1View

PLA Conference Program

12 Pages

 

2View

PLA Registration Form

3 Pages

 

 

 

REFERENCE MATERIAL

 


Ordinary Council 7 October 2008

Item 15.4

CITY LEADERSHIP AND MANAGEMENT

ITEM NUMBER         15.4

SUBJECT                   5th Annual Conference Risk Management Institution of Australia (RMIA) 2008, Perth Convention Centre, Western Australia, 16 - 18 November 2008

REFERENCE            F2008/02724 - D00997375

REPORT OF              Service Manager - Council Support       

 

PURPOSE:

 

The matter is placed before Council to seek nomination of up to one (1) Councillor to attend the 5th Annual Risk Management Institution of Australia (RMIA) Conference 2008 being held at the Perth Convention Centre, Western Australia from 16 – 18 November 2008.

 

 

RECOMMENDATION

 

(a)     That Council nominate up to one (1) Councillor to attend the 5th Annual Risk Management Institution of Australia (RMIA) Conference 2008 being held at the Perth Convention Centre, Western Australia from 16 – 18 November 2008.

 

(b)     Further, that an alternate delegate be nominated and authorised to attend the conference, as required, in the event that the appointed delegate is unable to attend.

 

 

BACKGROUND

 

1.   Council is in receipt of information pertaining to the 5th Annual RMIA Conference 2008 being held at the Perth Convention Centre, Western Australia from 16 – 18 November 2008.  A copy of the conference brochure and program is appended to this report as Attachment 1.

 

2.   The theme of this conference is ‘Delivering Business Opportunities.’  ‘A range of international speakers will provide delegates with key insights into how risk management can deliver strategic and operational business opportunities for corporate and government organisations.’  This conference is an ‘invitation to join world leading risk managers presenting international perspectives on current and future global risks.

 

3.   Delegate registration, accommodation and out of pocket expenses is a total estimated amount of $3,310.00 per delegate.

 

4.   This is a Category C conference as outlined in Annexure 1 of the conference categories from the Civic Office Expenses and Facilities Policy. Attendance at Category C conferences is limited to 1 Councillor. Reasonable costs will be paid.

 

CONSULTATION & TIMING

 

5.   This report for the 5th Annual RMIA Conference 2008 has been put to this Council Meeting due to the time constraints in having a newly elected Council appointed at the end of September 2008 and the conference occurring in November 2008.

 

 

 

Graeme Riddell

Service Manager – Council Support

 

 

Attachments:

1View

RMIA 2008 Conference Brochure

20 Pages

 

 

 

REFERENCE MATERIAL

 


Ordinary Council 7 October 2008

Item 15.5

CITY LEADERSHIP AND MANAGEMENT

ITEM NUMBER         15.5

SUBJECT                   2008 Election of Executive Committee - Local Government Association of New South Wales

REFERENCE            F2006/01161 - D01021583

REPORT OF              Service Manager - Council Support       

 

PURPOSE:

 

To provide information on the upcoming election for the Executive Committee of the Local Government Association of NSW.

 

 

RECOMMENDATION

 

That the information be noted.

 

 

BACKGROUND

 

1.      Council is in receipt of correspondence from the Electoral Commission of NSW attaching an election notice, nomination form and statutory declaration in support of candidature relating to the 2008 election of the Executive Committee of the Local Government Association of New South Wales.

 

2.      The Local Government Association (LGA) was established in 1883 to promote the interests of urban councils. 74 councils in NSW are currently members of the LGA.

 

3.      The LGA along with the Shires Association of NSW represent 152 general purpose councils as well as other special purpose councils and Regional Aboriginal Land Councils and represent the views of these organisations by:-

*        Presenting Council views to governments;

*        Promoting Local Government to the community; and

*        Providing specialist advice and services.

 

4.      Each association has its own elected executive headed by a President which meets every 2 months and holds an annual conference where members are able to vote on issues affecting local government. The office of President alternates between members of country councils and members of metropolitan councils but may also include the incumbent President. The current President is Cr Genia McCaffery from North Sydney Council.

 

ISSUES/OPTIONS/CONSEQUENCES

 

5.      Nominations, which close at noon on Friday 17 October 2008, are invited for the positions of President (candidates for the position of President this year must be members of country councils or may be the incumbent President), Treasurer, 2 Vice Presidents (1 from country council, 1 from metropolitan council) and 20 Committee Members (10 from country councils, 10 from metropolitan councils). A copy of the election notice, nomination form and statutory declaration in support of candidature is appended to this report as Attachment 1.

 

6.      Any nomination must be made by at least 2 elected members of financial ordinary member councils, other than the candidate.

 

7.      Voting will be conducted at the Annual Conference of the Local Government Association of NSW on 27 and 28 October 2008.

 

8.      Submitted for Councillors information at the request of the Associations.

 

 

 

Graeme Riddell

Service Manager – Council Support

 

 

Attachments:

1View

Election Notice and Nomination Forms

4 Pages

 

 

 

REFERENCE MATERIAL

 


Ordinary Council 7 October 2008

Item 15.6

CITY LEADERSHIP AND MANAGEMENT

ITEM NUMBER         15.6

SUBJECT                   Election of Councillors to Internal/External Organisations/Boards/Committees

REFERENCE            F2004/07851 - D01028721

REPORT OF              Service Manager - Council Support       

 

PURPOSE:

 

Following the recent Local Government Elections, this report seeks the appointment of Councillors as representatives on various internal/external Organisations/Boards/Committees.

 

 

RECOMMENDATION        That:

 

(a)     Council appoint 3 Councillors to the Audit Committee.

(b)     Council appoint 3 Councillors to the Central Parramatta Planning Committee.

(c)     Council appoint the Lord Mayor of the Day or nominee and 1 Councillor to the Civic Place Management Committee as observers.

(d)     Council appoint 1 Councillor to the Clyde Transfer Terminal Community Committee.

(e)     Council confirm the existing members of the Community Advisory Committees for a further twelve months and receive a further report following consultation and review of the Committees' Terms of Reference.

(f)      Council appoint 3 Councillors to the Duck River Floodplain Risk Committee.

(g)     Council nominate 1 Councillor to the Eastwood and Terrys Creek Floodplain Risk Management Committee.

(h)     Council confirm the role of the Lord Mayor or nominee as Chairperson and confirm the appointment of interested Councillors to the Granville Town Centre Committee.

(i)      Council confirm the existing members of the Granville Youth and Community Recreation Centre Management Committee for a further twelve months and receive a further report following consultation and review of the Committee’s Terms of Reference.

(j)      Council confirm the Lord Mayor as Council’s representative on the Parramatta City Chamber of Commerce & Industry Inc.

(k)     Council nominate the Lord Mayor and 2 Councillors to the Parramatta Cultural Trust Advisory Committee.

(l)      Council appoint 1 delegate and 1 alternate delegate to the Parramatta River Catchment Group.

(m)    Council appoint 1 Councillor to Chair the Parramatta River Estuary Management Committee and 1 Councillor as an additional representative to the Committee.

(n)     Council appoint a Chairperson of the Parramatta Traffic Committee.

(o)     Council appoint a Chairperson of the Traffic Engineering Advisory Group.

(p)     Council appoint the Lord Mayor of the Day and 2 Councillors to the Public      Domain Design Reference Panel.

(q)     Council appoint 3 Councillors to act as observers to the Riverbank Project Management Team.

(r)      Council appoint 2 Councillors to the Riverside Theatres Advisory Board.

(s)     Council appoint the Lord Mayor of the Day and 2 Councillors to the Strategic Partnership between Parramatta City Council and Housing NSW Steering Group

(t)      Council appoint the Lord Mayor of the Day or nominee to the Strategic Partnership between Parramatta City Council and Sydney West Area Health Service Steering Group.

(u)     Council appoint a delegate to the Board of Westpool.

(v)     Council appoint two (2) delegates to the Board of WSROC.

 

 

BACKGROUND

 

1.      Council is represented on various internal/external Organisations/Boards and Committees and generally elects Councillor/s to serve on such organisations for the full term of Council.

 

2.      In this regard, Council will need to elect representatives to the following organizations/committees:-

 

(a)     Audit Committee

 

3.      Council has recently established an Audit Committee, the objective of which is to provide independent assurance and assistance to the Council on the risk, control and compliance framework.

 

4.      Responsibilities include effective management of operational and financial risks, appropriate corporate governance framework, reliable management plan reporting and compliance with laws and regulations.

 

5.      The Audit Committee comprises of 3 Councillors and 2 independent community representatives. The CEO and representatives from Internal and External Audit may be invited to attend as appropriate as observers or to provide information.

 

6.      The Committee will hold meetings as decided by the Chairperson but in any event will not meet less than 4 times annually.

 

7.      It is recommended Council appoint 3 councillors to the Audit Committee.

 

(b)     Central Parramatta Planning Committee

 

8.      In 2004, Council re-established the Central Parramatta Planning Committee, such Committee consisting of 3 Councillors appointed by Council, a nominee of the Royal Australian Institute of Architects, a nominee of the Property Council, the Director General of the Department of Planning and an eminent person (currently Mr Tom Uren).

 

9.      The Committee has delegated responsibility for:-

 

Determining development applications made in respect of the following land:-

 

-                  Council land within the Parramatta City Centre (as defined in SREP 28);

-        The North Parramatta Government Precinct;

-                  Any other land in the Parramatta LGA in which Council has, or recently had, a direct pecuniary interest.

 

10.    Presently the Committee meets as required.

 

11.    It is recommended Council appoint 3 councillors to the Central Parramatta Planning Committee.

 

(c)     Civic Place Management Committee

 

12.    In 2006, Council resolved to continue with the Civic Place Management Committee as part of the future governance structure for the delivery of Civic Place and to offer future council property redevelopment opportunities. The Committee currently consists of Councillors, staff and suitable industry experts including legal, commercial, property and design advisers.

 

13.    It is recommended Council appoint the Lord Mayor of the day or nominee and one Councillor to represent Council on the Management Committee as observers.

 

(d)     Clyde Transfer Terminal Community Consultative Committee

 

14.    On 29 August 2002, The Minister for Planning granted development consent for the Clyde Waste Terminal Site at Auburn to proceed. One of the conditions of consent required the formation of a Consultative Committee.

 

15.    Parramatta City Council and Auburn Council are both entitled to have a representative on this Committee and presently the committee meets on a quarterly basis, with meetings held on a Tuesday at 3pm. No timeframe has been set as yet for the existence of the Committee and correspondence has been recently received seeking advice of Council’s nomination.

 

16.    It is recommended Council appoint 1 Councillor to the Clyde Transfer Terminal Community Committee.

 

(e)     Community Advisory Committees

 

17.    Advisory Committees have been part of Parramatta City Council's community engagement processes since 1991 and have assisted Council in the development and implementation of a range of policies, projects and activities.   Current Advisory Committees exist for Aboriginal and Torres Strait Islander, Access, Arts, Cycleways, Heritage, Multicultural, Safety and Youth.   Meetings are held regularly with the minutes and any recommendations subsequently reported to Council. 

 

18.    All Councillors are welcome to attend Advisory Committee meetings as they are ex-officio members of all Advisory Committees.   While community membership varies between Advisory Committees, the term of membership is generally four (4) years to coincide with the Council term.   Rather than seeking new nominations for membership of the Advisory Committees at this time, it is proposed that the existing members be consulted and the Terms of Reference reviewed for each Committee and reported to Council for its consideration.

 

19.    It is recommended, therefore, that Council confirm the existing members of the Community Advisory Committees for a further twelve months.

 

(f)      Duck River Floodplain Risk Committee

 

20.    In July 2007, Council resolved to form a Floodplain Risk Management Committee for the Duck River Catchment to guide the preparation of the Floodplain Risk Management Study and Plan.

 

21.    The Floodplain Risk Management Study and Plan aim to provide up to date and accurate flood information to the residents, identify real flood hazard and risk along the river floodplain and develop a reliable basis for future Floodplain Risk Management Plans.

 

22.    Members consist of 3 Councillors and staff representatives from Parramatta and Auburn Councils, Department of Natural Resources, State Emergency Service, Sydney Metropolitan Catchment Management Authority, Sydney Water, 2 Community Representatives and a representative from Merck Sharpe and Dohme. Meetings are held bi monthly or as considered necessary. It is likely that the Committee will operate for another 2 to 3 years.

 

23.    It is recommended Council appoint 3 Councillors to the Duck River Floodplain Risk Committee.

 

(g)     Eastwood and Terrys Creek Floodplain Risk Management Committee

 

24.    The NSW Government’s Floodplain Development Manual (2005) requires councils to cooperate on a catchment basis to produce Floodplain Risk Management Plans.  These Plans guide the future development on the floodplain and outline appropriate planning controls and capital works to manage the effects of flooding on life, property and the environment.

 

25.    In 2005, Council received notification from Ryde City Council of its intention to form a Floodplain Risk Management Committee for Eastwood and Terrys Creek Catchment.  The purpose of the Committee is to guide the proposed Floodplain Risk Management Plan for the catchment and the Committee will likely operate for a further period of 18 months to 2 years.

 

26.    The Terrys Creek catchment falls partly within the northeast of the City of Parramatta within the Lachlan Macquarie Ward and includes portions of the suburbs of Carlingford, Epping and Eastwood.

 

27.    It is recommended Council appoint 1 Councillor to the Eastwood and Terrys Creek Floodplain Risk Management Committee.

 

(h)     Granville Town Centre Committee

 

28.    Council at its meeting held on 17 December 2007 resolved to set up an ongoing Granville Town Centre Committee to oversee Council’s strategic actions in Granville.

 

29.    The primary purpose of this Committee is to:-

 

-    Review progress of Council’s current strategic infrastructure plans and projects in Granville Town Centre and advise Council on future direction for these projects.

-    Review, analyse and give feedback to Council and staff on future strategic proposals and plans for Granville Town Centre.

-    Advocate on behalf of Council with other stakeholders, including State and Federal Governments.

 

30.    Membership of this Committee consists of the Lord Mayor or nominee as Chairperson, interested Councillors, various council staff, 2 business representatives and 2 community representatives. Meetings are held quarterly with a minimum of 3 meetings to be held per year.

 

31.    Council confirm the role of the Lord Mayor or nominee as Chairperson and give consideration to confirming interested Councillors as members of this Committee.

 

(i)      Granville Youth and Community Recreation Centre – Formation of Permanent Management Committee

 

32.    Council at its meeting held on 28 July 2003 formed the Permanent Management Committee for the Granville Youth and Community Recreation Centre.

 

33.    The aim of the Management Committee is to guide and support the development of the Granville Youth and Community Recreation Centre by providing advice on activities projects and programs that benefit the Granville community.

 

34.    The objectives of the Management Committee are:-

 

*   To advise on policy development for the Granville Youth and Community Recreation Centres’ operations.

*   To provide advice on program development and co-ordination for the Granville Youth and Community Recreation Centre.

*   To advise on a strategic plan for the Granville Youth and Community Recreation Centre.

*   To advise on sponsorship proposals and assistance in seeking financial support to benefit the Granville Youth and Community Recreation Centre.

*   To provide advice on approaches for funding to other levels of government.

 

35.    The Committee currently consists of:-

 

*   The Lord Mayor;

*   The three (3) Elizabeth Macarthur ward Councillors;

*   The three (3) Woodville Ward Councillors;

*   The Federal Member for Reid, or nominee;

*   The State Member for Granville, or nominee;

*   The President of Granville RSL;

*   Manager City Culture, Tourism & Recreation;

*   Service Manager Recreation Facilities & Programs;

*   Two (2) Youth Committee representatives; and

*   Five (5) community representatives nominated to the committee and approved by Council.

 

36.    It is proposed that the existing members be consulted and the Terms of Reference reviewed for this Committee and reported to Council for its consideration. It is recommended, therefore, that Council confirm the existing members of the Management Committee for a further twelve months.

 

(j)      Parramatta City Chamber of Commerce & Industry Inc

 

37.    The Lord Mayor of the Day has represented Council on the Parramatta City Chamber of Commerce and Industry Inc.

 

38.    Parramatta City Chamber of Commerce was incorporated in 1947 and in 1978 changed its name to Parramatta City Chamber of Commerce & Industry (Inc).

 

39.    The Parramatta City Chamber of Commerce is a voluntary partnership of business and professional people working together to build a healthy economy and to improve the quality of life in the community.  Parramatta City Council is a bronze member of the Chamber.

 

40.    The Lord Mayor has been Council’s nominated representative and has, as have other Councillors, attended meetings/functions of the Chamber.

 

41.    Monthly Board Meetings are held on the second Wednesday at 8.30 am.

 

42.    It is considered appropriate that Council confirm the Lord Mayor as Council’s representative on the Parramatta City Chamber of Commerce & Industry Inc.

 

(k)     Parramatta Cultural Trust Advisory Committee

 

43.    In December 2007, Council noted the establishment of a cultural organization in the name of the Parramatta Cultural Trust.

 

44.    The Cultural Trust will give the corporate community the opportunity to connect more genuinely with Parramatta’s creative energy, to support, advocate for, and participate in the artistic life of our community.  Importantly, it aims to make it easier for people to donate monies during their lifetime, see the results of their donations and give the community an opportunity to plan for its own needs and aspirations.

 

45.    The principle intentions of the Cultural Trust are:

 

*   create a public permanent investment fund that could enable Council to leverage its contribution and attract and yield annual income for distribution to major arts projects;

*   act as an incentive to increase philanthropy towards the arts and culture in Parramatta;

*   create a stewardship of civic, business and cultural leaders to demonstrate leadership in the preservation, promotion and development of arts and culture in Parramatta.

 

46.    It is proposed that the Advisory Committee members will be integral to promoting the Trust and its purpose, as well as attracting donations to the Trust.  The Committee will oversee expenditure of Trust funds and ensure its compliance with the Trust’s purposes, having the power to remove the trustee, pursuant to the Trust deed.

 

47.    The Trust deed nominates the Lord Mayor as Trustee, with the establishment of its own advisory committee with the purpose of overseeing the Trust, consisting of the Lord Mayor, the General Manager (or their delegates), two councillors and up to six others (appropriate community and business leaders).

 

48.    It is recommended Council appoint the Lord Mayor or nominee and 2 councillors to the Advisory Committee.

 

(l)      Parramatta River Catchment Group

 

49.    In 2005, the Chairman of the Sydney Metropolitan Catchment Management Authority (CMA) wrote to the General Managers of 12 catchment councils of the Parramatta River and its tributaries outlining a proposal for a working group of councils and agencies to jointly work together to improve waterway health. The 12 Councils were Ashfield, Auburn, Bankstown, Baulkham Hills, Blacktown, Burwood, Canada Bay, Holroyd, Hunters Hill, Parramatta, Ryde and Strathfield. Since that time, Baulkham Hills Council has opted not to participate.

 

50.    A Group has been formed consisting of technical officers and Councillors from each Council. A number of sub committees have also been formed including the Parramatta River Estuary Management Committee.

 

51.    The Group meets twice annually with the sub committees meeting more frequently and as required. Councillors do not generally attend sub committee meetings with the exception of the Parramatta River Estuary Management Committee.

 

52.    It is recommended Council nominate 1 representative and 1 alternate to the Parramatta River Catchment Group.

 

(m)    Parramatta River Estuary Management Committee

 

53.    The NSW Government recommends that detailed management plans are prepared and implemented for estuaries throughout the State according to their Estuary Management Manual.  In 2006, Council was successful in securing a grant under the NSW Government’s Estuary Management Program to commence the development of an Estuary Management Plan in the Parramatta River, downstream of Charles Street weir to Ryde Bridge and including the Duck River estuary. This initiative, combined with a revision of the Parramatta Foreshore Plan, forms part of the Waterways Rehabilitation Master Plan project identified in the Council Management Plan 2006/07-2009/10.

 

54.    The estuary management process involves undertaking:-

 

*   a Data Compilation Study to capture existing data relevant to estuarine processes and management;

*   an Estuary Process Study to define the ‘baseline’ conditions of the various estuary processes and interaction between these processes;

*   an Estuary Management Study to define management objectives, options and impacts which effect the use and management of the estuary;

*   an Estuary Management Plan which consists of a scheduled sequence of recommended activities that need to be undertaken to achieve established estuary management objectives.

 

55.    To oversee the estuary management process and make certain the major issues of the estuary are considered carefully, the NSW Government required the establishment of an Estuary Management Committee. It is likely that the Committee will operate for a further period of 2 to 3 years.

 

56.    Such a Committee was formed in 2006 and is now a sub committee to the Parramatta River Catchment Group and it is recommended Council nominate 1 Councillor to Chair the Committee and 1 Councillor as an additional representative to the Committee.

 

(n)     Parramatta Traffic Committee (PTC)

 

57.    Local Traffic Committees are not committees under the Local Government Act, 1993. Operating arrangements of such committees are contained within the RTA Guidelines “A Guide to the delegation to councils for the regulation of traffic, including the operation of Traffic Committees.”

 

58.    The Parramatta Traffic Committee is primarily a technical review committee that advises council on traffic control matters that have been referred to Council. These matters must be related to prescribed traffic control devices or traffic control facilities for which council has delegated authority. (Matters related to classified roads or functions that have not been delegated to Council must be referred directly to the RTA or relevant organisation).

 

59.    The PTC is made up of 4 formal (voting) members with representatives from Council, police, RTA and the local State MP or representative.

 

60.    Non voting members also attend from such organisations as the Ministry of Transport, Bus Operator representatives and the Taxi Council.

 

61.    It should be noted that the PTC has no decision making powers and a council is not bound by the advice of its Traffic Committee.

 

62.    The Parramatta Traffic Committee meets once every 2 months, though items are also sent to members once a month via correspondence.

 

63.    It is recommended Council appoint a chairperson for the Parramatta Traffic Committee though all Councillors are welcome to attend any PTC meeting.

 

(o)     (Parramatta) Traffic Engineering Advisory Group (PTEAG)

 

64.    Meeting immediately after the Parramatta Traffic Committee, the Traffic Engineering Advisory Group considers options for difficult traffic problems. 

 

65.    The TEAG consists of the same members as the PTC but may consider items that fall outside the delegations given to the PTC (eg installation of speed limits or traffic control signals). This enables Council to take advantage of the knowledge and experience of the PTC members to help resolve or clarify an issue.

 

66.    It is recommended Council appoint a chairperson for the TEAG and it should be noted in past years, the Chairman of the PTC has been confirmed as the Chairman for the TEAG.

 

(p)     Public Domain Design Reference Panel

 

67.    In August 2006, Council resolved to set up a Public Domain Design Reference Panel to have input into concept plans and consider broad themes for art, landscaping and amenity issues for all major public domain improvement projects within the Parramatta City Centre (with the exception of Civic Place) and neighbourhood centres.

 

68.    The terms of reference for the Panel are:-

 

-    To provide input and feedback into the development of the concept plans for individual public domain improvement projects within Parramatta city centre and neighbourhood centres.

-    To consider art, landscaping and amenity issues.

 

69.    Membership of the Public Domain Design Reference Panel includes (but is not limited to):-  

 

-    The Lord Mayor (or nominee) plus 2 Councillors to be appointed by Council.

-    Council officers specific to each project, from the Place Management Team, Urban Design Team, Design Services Team and Commissioning Support Team.

-    External experts specific to each project.

 

70.    It is recommended Council appoint the Lord Mayor of the Day and 2 councillors to the Panel.

 

(q)     Riverbank Block Project Management Team

 

71.    Council owns a substantial parcel in the Riverbank block bounded by the river, Church St, Wilde St and Phillip St. The block is a complex arrangement of individual lots, ownership, rights, easements and uses including a retail centre, hotel, multi storey office block and a range of smaller scale commercial buildings. A portion of Council’s land is an at-grade car park, another section is leased long term to the Brandsmart Shopping Centre and the balance is used as access for adjoining properties.

 

72.    Council adopted in July 2007 four key planning documents for the city centre which further emphasises the city’s role in the region, sets the development context and action plan to facilitate growth.

 

73.    The City Centre LEP identifies the Riverbank block as a “key site”. While the Vision document for the city centre states that, “The city centre will celebrate the river as a local and regionally significant asset within the metropolitan region. The river’s edge will be activated through strategic mixed use development, interpreting Parramatta’s unique history and creating further pedestrian connections from key sites such as Civic Place, Horwood Place and Erby Place.”

 

74.    A Project Management Team has been formed to guide the future development of the Riverbank Bank block and Council subsequently resolved to nominate 3 Councillors to act as observers to this Team. It should be noted that the team meets on a monthly basis during the day. The Team will also run workshops for all Councillors at different stages of the project.

 

(r)      Riverside Theatres Advisory Board

 

75.    In April 2001, Council resolved to appoint under the Local Government Act 1993 a S.355 Advisory Board to Riverside Theatres.  Under S.355 a function of Council may be exercised by a Committee.  Powers and authorities can then be delegated to the Committee under S.377 of the Act to carry out powers and duties of the Council.

 

76.    The Committee consists of a small strategic “Board” that make recommendations to Council in setting the strategic direction for the successful operation of Riverside Theatres.

 

77.    The Committee provides Riverside Theatres’ management and Council with advice on; for example -

 

*   the raising of external funds from State and Federal Government and the Private Sector;

*   the Theatres’ business plans, annual budgets, revenue and expenditure programs, and;

*   the Theatres’ annual program of activities including community and professional usage.

 

78.    The Committee reports to Council formally through the Director of Riverside Theatres and the Committee’s Chair.

 

79.    Membership of the Advisory Board includes:

 

*   Two (2) Parramatta City Councillors (Councillors Worthington and Brown previously)

*   CEO, Parramatta City Council or nominee

*   Two (2) members with theatre and arts expertise

*   Three (3) members with management, financial, legal and marketing expertise

*   Three (3) community representatives

 

80.    The Board meets bi monthly and it is recommended Council appoint 2 Councillors to the Advisory Board.

 

(s)     Strategic Partnership between Parramatta City Council and Housing NSW - Steering Group

 

81.    Parramatta City Council (PCC) and Housing NSW recognised there were significant benefits to be gained through the development of a collaborative approach to addressing housing and related issues in the Parramatta Local Government Area (LGA).

 

82.    A Memorandum of Understanding was officially signed on 15 December 2003 to commence a formal strategic partnership.

 

83.    The alliance has been paramount in maximising opportunities to share information that has assisted the operational activities and programs of each organisation.

 

84.    The partnership is managed under a two tiered structure made up of a Steering Group and the Partnership Team. The partnership consists of staff from Council and Housing NSW and puts forward strategic issues for consideration and direction by the Steering Group.

 

85.    A Steering Group was formed to establish the strategic context and provide policy direction; support the delivery of projects and address any constraints; maximise opportunities to share information that assists in achieving the strategic direction of each organisation; and, respond quickly to address any problems around issue management.

 

86.    Issues discussed within the Steering Group include: the policy directions developed by the State government to address Affordable Housing; early stages of major projects within the Parramatta local government area; Council’s residential development strategy; environmental policy within departmental properties; changes to tenancy agreements; the City Centre Plan and the draft Local Environmental Plan. Current partnership projects focus on homelessness, affordable housing and housing redevelopments.

 

87.    Membership of the Steering Group include the Lord Mayor or nominee and 2 Councillors, Council staff and representatives from the Department of Housing. Although the MOU specifies that the Group meet annually, the Group met twice in 2007.

 

88.    It is recommended Council appoint the LM of the Day and 2 Councillors to the Steering Group.

 

(t)      Strategic Partnership between Parramatta City Council and Sydney West Area Health Service - Steering Group

 

89.    Parramatta City Council (PCC) and Sydney West Area Health Service (SWAHS) recognised there were significant benefits to be gained through the development of a collaborative approach to work to protect and promote the health of people within the LGALocal Government Area (LGA).

 

90.    A Memorandum of Understanding was officially signed by the Lord Mayor and the CEO of SWAHS at Council’s meeting on 27 November 2006 to commence a formal strategic partnership.

 

91.    The alliance has been paramount in maximising opportunities to share information that has assisted the operational activities and programs of each organisation.

 

92.    The partnership is managed under a two tiered structure made up of a Steering Group and the Partnership Team. The partnership consists of staff from Council and SWAHS and puts forward strategic issues for consideration and direction by the Steering Group.

 

93.    The purpose of the Steering Group is to establish the strategic context and to provide policy direction; support the delivery of projects and address any constraints; maximise opportunities to share information that assists in achieving the strategic direction of each organisation; and, respond quickly to address any problems around issue management.

 

94.    The current active projects that the team work on collaboratively cover key health issues including coordinating the safe disposal of sharps and related wastes to reduce the risk of contamination and infection to the community; developing an action plan for a potential public health pandemic; identifying health data sets and developing data sharing protocols between both organisations; researching community and businesses attitudes to extending smoke-free outdoor dining areas.

 

95.    The membership of the Steering Group includes the Lord Mayor of the Day or nominee, various Council staff and representatives from the SWAHS and the Group met on 3 occasions last year.

 

96.    It is recommended Council confirm the appointment of the Lord Mayor or nominee to the Steering Group.

 

(u)     Westpool

 

97.    In the mid 1980’s a number of Councils worked together on the formation of a self insurance group and Westpool, incorporating six (6) Western Sydney Councils, was formed in 1987.  In addition, Metro Pool was formed in 1990 and commenced pooling in 1992.  Council joined Westpool in June 2002. Westpool and Metropool come under the United Independent Pools umbrella for the acquisition of insurance premiums on behalf of all member Councils.

 

98.    The Pools created three main documents designed to establish and administer the groups.

 

*   Deeds of Agreement - between the Councils.

*   Memorandum of Cover - identifies the cover available to members.

*   By Laws - details the procedures under which the pools operate.

 

99.    Westpool’s mission is to provide a one stop shop for risk management services for its Member councils now and for the future through risk sharing and excellence in Management.

 

100.  Westpool has:-

 

*   A Board made up of a Councillor and a staff member (generally the General Manager), 14 members in all.

*   Risk and Finance Management Committees (United Independent Pools and Westpool)) – made up of one staff representative from each Council.

*   Management Committee - made up of one staff representative from each Council.

*   Sub Committee on special issues such as finance and training.

*   Sunset Committee on special projects.

*   The Westpool Board consists of members from Blacktown, Blue Mountains, Fairfield, Hawkesbury, Liverpool, Penrith as well as Parramatta.

 

101.  Westpool Board meetings are held bi-monthly on a Monday from 10.00 am till 2.00 pm. The appointed delegate may be required to attend workshop sessions from time to time.

 

102.  It is recommended Council appoint 1 delegate to the Westpool Board.

 

(v)     Western Sydney Regional Organisation of Councils Board - WSROC

 

103.  WSROC's objectives, as set out in its Constitution, are:

 

*   To consider the needs of the local government areas and of the people of the Western Region of Sydney and to make known those needs to the Commonwealth and New South Wales Governments and the wider community.

*   To submit to the Commonwealth and New South Wales Governments requests for financial assistance, policy changes and additional resources for the Western Region of Sydney and Members.

*   To strengthen the role of local government in regional affairs, particularly where the Western Region of Sydney may be affected by Commonwealth or New South Wales Government policy.

*   To foster cooperation between Members in addressing problems and projects of joint interest.

*   To advance the interest of the Western Region of Sydney.

 

104.  WSROC's mission is: to secure - through research, lobbying and the fostering of cooperation between councils - a sustainable lifestyle for the people of Western Sydney and the provision of infrastructure such that no one should have to leave the region to have access to the sorts of amenities, services and opportunities others in urban Australia take for granted.

 

105.  The WSROC Board consists of membership from Auburn, Bankstown, Baulkham Hills, Blacktown, Blue Mountains, Fairfield, Hawkesbury, Holroyd, Liverpool, Penrith as well as Parramatta Councils. Board meetings are held bi monthly at rotating councils from 6.30 pm.

 

106.  It is recommended Council appoint two (2) delegates to WSROC.

 

CONCLUSION

 

107.  Additional information can be provided on the functions of a particular organisation if desired.

 

108.  It is recommended that Council appoint delegates to the organisations/committees mentioned in this report.

 

 

 

 

Graeme Riddell

Service Manager – Council Support

 

11 September 2008

 

 

Attachments:

There are no attachments for this report.

 

REFERENCE MATERIAL

 


Ordinary Council 7 October 2008

Item 15.7

CITY LEADERSHIP AND MANAGEMENT

ITEM NUMBER         15.7

SUBJECT                   Recruitment of Group Manager Outcomes and Development

REFERENCE            F2008/00175 - D01037949

REPORT OF              Chief Executive Officer       

 

PURPOSE:

 

To comply with the CEO’s obligation to consult with Council prior to the appointment of Senior Staff.

 

 

RECOMMENDATION

 

That the information be noted.

 

 

BACKGROUND

 

1.         The position of Group Manager Outcomes and Development has been vacant since July. A recruitment process has been undertaken by the CEO, in consultation with the Lord Mayor, and a preferred candidate has been selected, subject to final reference checks.

 

2.         Further information on the preferred candidate will be provided at or prior to the Council Meeting.

 

 

 

Dr Robert Lang

Chief Executive Officer

 

 

Attachments:

There are no attachments for this report.

 

REFERENCE MATERIAL

  


ORDINARYCouncil

 7 October 2008

 

 

 

Notices of Motion

 

07 October 2008

 

16.1  Congratulations to Zimbabwe Aid Association

 

 

 

 

16.2  Security Shutters in the Parramatta CBD

 

 

 

 

16.3  Traffic Calming Devices

 

 

 

 

16.4  Removal of Chicanes at the Corner of Bells Road, Tulong Avenue and Greens Avenue, Oatlands


Ordinary Council 7 October 2008

Item 16.1

NOTICE OF MOTION

ITEM NUMBER         16.1

SUBJECT                   Congratulations to Zimbabwe Aid Association

REFERENCE            F2004/06182 - D01023803

REPORT OF              Councillor A A Wilson       

 

To be Moved by Councillor A A Wilson:-

 

“That Parramatta City Council congratulate:-

 

1.      The Zimbabwe Aid Association on its function on 30 August 2008 to raise funds to send clothing and humanitarian aid to Zimbabwe.

 

2.      The Zimbabwe Aid Association Sponsors, Royal Wolf, who provided a shipping container to the Association.”

 

 

 

 

 

Attachments:

There are no attachments for this report.

 


Ordinary Council 7 October 2008

Item 16.2

NOTICE OF MOTION

ITEM NUMBER         16.2

SUBJECT                   Security Shutters in the Parramatta CBD

REFERENCE            F2006/00601 - D01035961

REPORT OF              Councillor A A Wilson       

 

To be Moved by Councillor A A Wilson:-

 

“That Parramatta City Council ban security shutters in the Parramatta CBD.”

 

 

Comment from the Acting Manager Land Use & Transport Planning – Sue Stewart:-

 

Under the City Centre LEP, the installation of roller shutters can be undertaken as Exempt Development i.e. without development consent. This does not give Council the opportunity carry out a merit assessment of roller shutters, or the circumstances in which they may be permitted or not permitted. Aspects of the City Centre DCP which are particularly relevant to roller shutters are sections 3.2 Active Street Frontages and Address and 3.4 Safety and Security. The DCP seeks to maximise active street frontages in the city centre and also requires consideration of safety and security. Rather than prohibit security shutters in the CBD, as proposed in the Notice of Motion, it would be preferable to amend the City Centre LEP to specify that security shutters are not exempt development. Additionally, the DCP could be amended to include guidelines as to appropriate designs of security features for buildings if these are required. It should be noted that any amendment to the City Centre LEP and DCP should not be undertaken on an ad hoc basis and given the time consuming nature of LEP amendments, a package of required amendments should be put together, rather than dealing with 'one off' amendments.

 

 

Attachments:

There are no attachments for this report.

 


Ordinary Council 7 October 2008

Item 16.3

NOTICE OF MOTION

ITEM NUMBER         16.3

SUBJECT                   Traffic Calming Devices

REFERENCE            F2008/03598 - D01035927

REPORT OF              Councillor A A Wilson       

 

To be Moved by Councillor A A Wilson:-

 

“That Parramatta City Council conduct a general review of the Local Government Area's traffic calming devices.”

 

 

Comment from Traffic and Transport Services Manager – Richard Searle:-

 

A report will be drafted advising of the following information:-

 

1.      The design guidelines, manuals and standards that are used to design traffic calming works.

2.      Consultation and approval processes that are undertaken.

3.      Discussion of the purpose of traffic works such as addressing a proven collision history, or upgrading safety for vulnerable road users such as pedestrians, or improving residential amenity, or complying with particular standards.

4.      Funding sources for various types of works.

5.      Criteria that are used to prioritise works.

 

 

Attachments:

There are no attachments for this report.

 


Ordinary Council 7 October 2008

Item 16.4

NOTICE OF MOTION

ITEM NUMBER         16.4

SUBJECT                   Removal of Chicanes at the Corner of Bells Road, Tulong Avenue and Greens Avenue, Oatlands

REFERENCE            F2008/03598 - D01036296

REPORT OF              Councillor J Chedid       

 

To be Moved by Councillor J Chedid:-

 

"That the chicanes at the corner of Bells Road, Tulong Avenue and Greens Avenue, Oatlands be removed."

 

 

Comment by Councillor J Chedid:-

 

Local residents have great concerns regarding the number of accidents these chicanes could cause and they are not assisting in reducing drivers speeding in the area.

 

The installation of the chicanes also removed residents’ opportunity to park outside their residence as 'No Standing' signs were installed.

 

Comment from Traffic and Transport Services Manager – Richard Searle:-

 

On 29 July 2008 a site meeting was held at the intersection of Greens Avenue and Bells Road, Oatlands to discuss the recently installed chicanes. This meeting was attended by Councillor Chedid, Councillor Esber, Councillor Worthington, local residents and Council staff (Richard Searle and Kshitij Shah).

 

At the meeting the residents raised concerns that the recently installed chicanes did not slow traffic enough and resulted in the loss of parking. The residents at the meeting requested that the chicane at the intersection of Greens Avenue and Bells Road be removed and replaced with a speed hump. At the meeting the comments were mixed in regards to the chicane at the intersection of Greens Avenue and Tulong Avenue.

 

Council staff advised that the extent of the signposted ‘No Stopping’ restrictions would be reduced as much as possible while not encouraging parking that is illegal or unsafe. They also advised that there had been consultation for the chicanes and that 2 of the proposed chicanes had been changed to speed humps in the final plan due to the responses from residents. It was further advised that the chicane in Bells Road, south of the shops would have rumble bars added to reduce the speed of traffic.

 

At the Council meeting on 11 August 2008 a petition was tabled requesting that the chicane at the intersection of Greens Avenue and Tulong Avenue be removed and that a speed hump be installed in Greens Avenue west of Tulong Avenue.

 

The extent of the signposted restrictions has been reduced and some alterations have been made to the linemarking.

 

The cost estimate for removing the chicane at the intersection of Bells Road and Greens Avenue and replacing it with a speed hump is $16,000. The cost estimate for removing the chicane at the intersection of Tulong Avenue and Greens Avenue and replacing it with a speed hump is $15,600. Details of both estimates are attached.

 

Another option is to install additional rumble bars and linemarking to reduce the traffic speed. This could be undertaken at a greatly reduced cost compared to removing the chicanes and could be funded from existing budgets. The other main difference between the two options is that installing the speed humps would result in additional on-street parking. The Councillors at the meeting indicated a preference for removing the chicanes and replacing them with speed humps.

 

Please be aware that, given that these works were as a result of a Council decision after consideration by the Traffic Committee, their removal will also need to be considered by the Traffic Committee and endorsed by Council prior to the works commencing. Consultation will need to be carried out as part of this process.

 

There is currently no funding allocated to the removal of the chicanes and installation of speed humps in this location.  Urgent Ward Works Fund could be considered and the Elizabeth Macarthur Ward currently has $179,550 remaining available although two large projects estimated at $171,250 are also currently under consideration.

 

It is possible to make minor changes to the existing rumble bars in Greens Avenue to reduce speeds.

 

 

Attachments: