NOTICE OF ORDINARY
Council MEETING
The Meeting of
Parramatta City Council will be held in the Council Chamber, Fourth Floor,
Dr. Robert Lang
Chief Executive
Officer
Phone 02 9806 5050 Fax 02 9806 5917 DX 8279
ABN 49 907 174 773
www.parracity.nsw.gov.au
“Think Before You Print”
ORDINARY
Council |
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TABLE OF
CONTENTS
ITEM SUBJECT PAGE
NO
1 CONFIRMATION OF MINUTES - Ordinary Council -
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
12 Reports - Development Applications
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).
12.4
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
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
16.2 Security
Shutters in the
16.3 Traffic
Calming Devices
16.4 Removal
of Chicanes at the Corner of
17 QUESTION TIME
ORdinary
Council |
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On-Site Meetings
7.1 List of Future Onsite Meetings
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. |
(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
(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
1View |
List of proposed Onsite Meetings |
1 Page |
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REFERENCE MATERIAL
Ordinary
Council |
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Regulatory
8.1 Requirements of the Local Government and
Planning Legislation Amendment (Political Donations) Act 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. |
(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
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
1View |
Proposed Amendments to the Code of Meeting Practice |
1 Page |
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REFERENCE MATERIAL
Ordinary
Council |
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Domestic Applications
Item 11.1 |
DOMESTIC APPLICATION
ITEM NUMBER 11.1
SUBJECT
DESCRIPTION Internal fitout and
use of shop No.1 as a bottle shop. (Location Map - Attachment 2)
REFERENCE DA/393/2008 - Submitted
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 The
application has been referred to Council due to the number of submissions received. |
(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 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 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
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
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
3.3 The subject site has a total floor area of 62m˛.
BACKGROUND
4. Development Consent No. DA/689/2006 was granted on
5. DA/1004/2007 was granted on
STATUTORY CONTROLS
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.
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
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
11. The operating hours of the proposed bottle shop are to be
restricted to
Concern is raised that the
proposed development will decrease parking availability for existing
development within the commercial strip at
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
16. In accordance with the above resolution an on-site meeting was
held on
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
Councillor Wearne advised residents of the
proposed plan to modify the access points at the
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
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
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
23. The meeting concluded with all issues being summarised at
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
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
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
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
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
1View |
Plans and Elevations |
2 Pages |
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2View |
Locality Map |
1 Page |
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3View |
History of DA |
1 Page |
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4View |
Carpark Design Plan |
1 Page |
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5View |
Police Referral Comments |
23 Pages |
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REFERENCE MATERIAL
Regulatory
Council |
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Development Applications
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).
12.4
Item 12.1 |
DEVELOPMENT APPLICATION
ITEM NUMBER 12.1
SUBJECT
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:
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 |
(a) That Council modify Development
Consent No. 688/2005 dated 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:
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
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
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
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
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
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
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.
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
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
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Plans and Elevations |
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2View |
Location Plan |
1 Page |
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3View |
History of Section 96 Modification |
1 Page |
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4View |
Previous Manager Development Services Report - Item 13.2 - Regulatory
Council Meeting |
4 Pages |
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5View |
Previous Manager Development Services Report (DSU 9/2008) |
3 Pages |
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Previous Manager Development Services Report (DSU 155/2007) |
5 Pages |
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Previous Manager Development Services Report (DSU 219/2006) |
5 Pages |
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Previous Manager Development Services Report (DSU 132/2005) |
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Previous Manager Development Services Report (DSU 118/2005) |
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10View |
Copy of Land and Environment Consent No. 11250 of 2005 |
29 Pages |
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REFERENCE MATERIAL
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
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 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. (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. (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. |
(a) That, Council grant consent to
modify Development Consent No.470/2006 dated 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:
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 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 Reason: To ensure that 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
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
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
(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.
(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.
(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
(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
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 –
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
Interim Heritage Order No.101
14. The site is subject to Interim Heritage Order
No.101 imposed by the Minister of Planning on
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.
17. This LEP
came into effect on
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
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
§ 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
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
Design excellence (Clause 22B)
40. On
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.
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
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
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
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
The podium frontage to
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
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
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
1View |
Location Plan |
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Table of Compliance |
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Plans and Elevations |
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Interim Heritage Order No.101 |
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Previous Council Report from |
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REFERENCE MATERIAL
Item 12.3 |
DEVELOPMENT APPLICATION
ITEM NUMBER 12.3
SUBJECT
DESCRIPTION Demolition and
construction of a supermarket with basement parking for 69 vehicles. (Locality
Map - Attachment 3)
REFERENCE DA/106/2008 - Submitted
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. |
(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 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 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 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 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 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
2.
3. That part of
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
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
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
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
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.
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
15. Modelling
of the traffic signal controlled intersection of
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
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
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
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
“That,
subject to the ALDI Supermarket being approved, the following works be
approved:
A. The
proposed concrete median island in
B. A ‘No Stopping’ zone adjacent to
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
“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
B. Comment on the ability to access the plan as agreed to by the
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
B Doubles
23. On
Delivery Times
24. The
statement of environmental effects suggested that deliveries would occur
between the hours of
25. The
applicant provided confirmation by letter of
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
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
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
Street Setback
31. Part 3.2
of
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
35. Amended plans were notified between
Community
Consultation
36. Concerns have been raised that Council has
failed to notify the streets surrounding
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
39.
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
Heavy
vehicles on
44. Concern has been raised that
45. Heavy vehicles associated with the
supermarket would only use that portion of
Heavy
vehicles on
46. Concern has been raised that
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
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
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
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
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
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
63. Only
vehicles wishing to make right turns at
ON
SITE MEETING
64. Council, at its meeting of
65. Due
to the local government elections being held in September the on site meeting
has been scheduled for
Jonathan Goodwill
Senior Development Assessment Officer
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 |
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5View |
Traffic Comments from Council's Traffic Engineer |
3 Pages |
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REFERENCE MATERIAL
Item 12.4 |
DEVELOPMENT APPLICATION
ITEM NUMBER 12.4
SUBJECT
DESCRIPTION Demolition of
existing child care centre within
REFERENCE DA/144/2008 - Submitted
APPLICANT/S Ramsey Health Care
OWNERS
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 It is considered
approval of the application for an additional ward at 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. |
(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 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
PROPOSAL
2. Demolition
of existing child care centre at
STATUTORY CONTROLS
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.
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
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
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
9. The
subject development application has been submitted by the owner of
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
12. In response to a request from Council staff
an acoustic report was submitted by the applicant on
13. Compliance with the recommendations of the
acoustic report will be imposed as a standard condition of development consent.
Privacy
14. The resident of
15. The western elevation of the development
faces
16. Three windows to the hallways within the
maternity ward face
17. Four windows to the special care nursery
face
18. The first floor level of the building also
contains twelve private rooms which each have a window facing towards
19. The second floor level of the building
contains a general ward with 38 beds. The windows from 21 private rooms face
ON
SITE MEETING
20. Council, at its meeting of
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
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
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
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
Solar
Access
40. The single storey dwelling at
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
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
Site
Isolation
44. The proposed development would result in the
isolation of
45. On
46. On
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
48. The isolation of
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
1View |
Development Application History |
1 Page |
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2View |
Locality Map |
1 Page |
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3View |
Plans and Elevations |
4 Pages |
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4View |
Accident History |
1 Page |
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REFERENCE MATERIAL
ORDINARY Council |
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City Development
14.1 Amendments to Parramatta City Centre Local
Environmental Plan (LEP) 2007 to correct misdescriptions and errors
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. |
(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
‘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
1View |
Potential proposed amendments to Parramatta City Centre LEP 2007 |
6 Pages |
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2View |
Proposed draft Amendment No 2 to Parramatta City Centre LEP 2007 |
3 Pages |
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3View |
Planning maps for draft Amendment No. 2 |
7 Pages |
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REFERENCE MATERIAL
ORDINARY
Council |
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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
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
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 |
(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 (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
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
1View |
LGAN Brochure |
1 Page |
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2View |
LGAN Conference Program & Details |
4 Pages |
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REFERENCE MATERIAL
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. |
(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
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
(c) Car - Broken Hill is readily accessible on good sealed roads.
Approximate drive time from
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
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
1View |
LGA 2008 Program and Registration Brochure |
12 Pages |
|
REFERENCE MATERIAL
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. |
(a) That Council appoint up to one (1) Councillor to attend the Parks
& Leisure Australia 2008 National Conference to be held in (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
1View |
PLA Conference Program |
12 Pages |
|
2View |
PLA Registration Form |
3 Pages |
|
REFERENCE MATERIAL
Item 15.4 |
CITY LEADERSHIP AND MANAGEMENT
ITEM NUMBER 15.4
SUBJECT 5th
Annual Conference Risk Management Institution of
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, |
(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, (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,
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
1View |
RMIA 2008 Conference Brochure |
20 Pages |
|
REFERENCE MATERIAL
Item 15.5 |
CITY LEADERSHIP AND MANAGEMENT
ITEM NUMBER 15.5
SUBJECT 2008
Election of Executive Committee - Local Government Association of
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. |
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
1View |
Election Notice and Nomination Forms |
4 Pages |
|
REFERENCE MATERIAL
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. |
(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
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
- 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
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)
14. On
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
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)
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
23. It is recommended Council
appoint 3 Councillors to the Duck River Floodplain Risk Committee.
(g) Eastwood and
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
27. It is recommended Council appoint 1 Councillor to the Eastwood and Terrys Creek
Floodplain Risk Management Committee.
(h)
28. Council at its meeting held on
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
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
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
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)
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
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
* create a stewardship of civic, business and cultural leaders to
demonstrate leadership in the preservation, promotion and development of arts
and culture in
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,
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)
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
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)
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
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) (
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
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
- 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,
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
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
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
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
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
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
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
101. Westpool Board meetings are
held bi-monthly on a Monday from
102. It is recommended Council
appoint 1 delegate to the Westpool Board.
(v) Western
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
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
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attachments for this report.
REFERENCE MATERIAL
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. |
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
There are no
attachments for this report.
REFERENCE MATERIAL
ORDINARYCouncil |
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Notices of Motion
16.1 Congratulations to
16.2 Security Shutters in the
16.3 Traffic Calming Devices
16.4 Removal of Chicanes at the Corner of
Item 16.1 |
NOTICE OF MOTION
ITEM NUMBER 16.1
SUBJECT Congratulations
to
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 2. The |
|
There are no
attachments for this report.
Item 16.2 |
NOTICE OF MOTION
ITEM NUMBER 16.2
SUBJECT Security
Shutters in the
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.” |
There are no
attachments for this report.
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.” |
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attachments for this report.
Item 16.4 |
NOTICE OF MOTION
ITEM NUMBER 16.4
SUBJECT Removal
of Chicanes at the Corner of
REFERENCE F2008/03598 - D01036296
REPORT OF Councillor J Chedid
To be Moved by Councillor J Chedid:- "That the
chicanes at the corner of |