MINUTES OF THE Meeting of Parramatta City Council HELD IN THE Council Chambers, CIVIC PLACE, PARRAMATTA ON Monday,  10 November 2008 AT 6:48pm

 

PRESENT

 

The Lord Mayor, Councillor A Issa, OAM, in the Chair and Councillors P B Barber, A Bide, J Chedid, G J Elmore, P Esber, J D Finn, P J Garrard (Deputy Lord Mayor), M A Lack, C X Lim, S D Lloyd, M D McDermott, L E Wearne and A A Wilson.

 

 

ACKNOWLEDGEMENT TO TRADITIONAL LAND OWNERS

 

The Lord Mayor, Councillor A Issa, OAM acknowledged the Barramatugal Clan of The Darug, the traditional land owners of Parramatta and paid respect to the elders both past and present.

 

 

MINUTES

 

 

 

SUBJECT          Minutes of the Ordinary Council Meeting held on  20 October 2008

10286

RESOLVED      (Esber/Chedid)

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

 

APOLOGIES

 

It was noted that Councillor P Maitra was absent as he was in attendance at the Parks and Leisure Conference being held from 9 to 12 November 2008.

 

DECLARATIONS OF INTEREST

 

 

1        Councillor P B Barber declared a non pecuniary interest in relation to item 12.6 regarding the development application submitted for 38 Charles Street, Parramatta as the owner of the property is well known to Councillor Barber.

2        Councillors P B Barber, J Chedid and L E Wearne declared an interest in Items 14.2 and 14.3 of Closed Session regarding Civic Place as they are members of the Central Parramatta Planning Committee, the consent authority for Civic Place.

 

Public Forum

 

5.1

SUBJECT          Various Development Issues - 177-187 Parramatta Road, Granville & 242 Woodville Road, Merrylands.

FROM                 Mr B Benson

REFERENCE    F2004/06174 - 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

10287

 

“Question 1

                           

Question not asked due to legal reasons.

 

Question 2

 

(a)     With Respect to 242 Woodville Road, Merrylands (Corner Lansdowne Street), since August 2008, could I ask what “action” has been taken till now, on this project?

 

(b)     Has Council now been able to comprehend my “major complaint” of serious “structural changes” to this “1920’s” property in approx June – July 2007, without “due process”; or is it still in a quandary to my “concern” for “public safety” and disregard for “Councils Rules and Codes”.

 

(c)     Could I now have an answer to a previous question asked some time ago, but not addressed, quote in general (“Could I now make similar changes to “my” property without “DA” or “due process”, or would that somehow, be different”), unquote.”

 

Response by Mrs L Kerr, Manager Development Services:-

Question 1

Question not asked.

Question 2                  

“Response:-

On 1 July 2008 an application to obtain a Building Certificate was lodged to Council (C/64/2008). The application was refused by Council on 24 September 2008 for the reason that the plans submitted with the application did not reflect what has been constructed on site.

 

The matter has now been referred back to Council’s Development Control Team for investigation and for a Notice of Intention to Serve an Order to be issued. 

 

Question 3         

Response:-

The matters that you have raised are being investigated by Council’s Development Control Team.

 

Question 4

Response:-

Any work that is carried out to a building or property is required to comply with the provisions of Council’s relevant planning instruments and controls. Where development or building work is not exempt from requiring development consent a development application is required to be submitted for assessment and determination. “

 

 

PETITIONS

 

1

SUBJECT          Request for Speed Reduction Devices - Zillah Street, Merrylands

REFERENCE    F2004/06346

FROM                 A Abdie Ahad and others

10288

RESOLVED       (Elmore/Esber)

 

That the petition be received and referred to the appropriate Council Officer and the Parramatta Traffic Committee for report addressing the matters raised in the petition together with the following issues for Zillah and Adam Streets, Merrylands:-

1.             Cost for installation of speed humps;

2.             A general report on parking on footpaths.

 

 

Development Applications Referred For On-Site Meetings

 

7.1

SUBJECT          List of Future Onsite Meetings

REFERENCE    F2004/08629 - D01061967

REPORT OF      Manager Development Services

10289

RESOLVED       (Chedid/Lim)

 

(a)       That the list of proposed onsite meetings appended in     Attachment 1 to this report be adopted with the deletion of the     following on site meetings:-

1.                                              Item 1 regarding 52 Railway Street, Wentworthville;

2.                                            Item 2 regarding 44 Weston Street, Rosehill;

3.                                            Item 5 regarding 2A Hassell Street, Parramatta;

4.                                            Items 6 regarding 211 Church Street, Parramatta.

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

 

 

Regulatory Reports

 

8.1

SUBJECT          Illegal Footpath Parking

REFERENCE    F2004/07072 - D01055570

REPORT OF      Manager Ranger Services

 

 

 

 

 

 

 

 

 

 

 

 

 

10290

MOTION              (Finn/Esber)

 

(a)               That Council pursue the permitting of parking on footpaths in streets with roll kerbs, including the installation of signs as described in this report and that the budget centre for the quarterly review variation required for this expenditure be identified.

(b)               Further, that a report be sought identifying roads where widened footpaths encourage parking on footpaths and whether those roads have constructed footpaths.

 

AMENDMENT   (Wilson/Bide)

 

That no further action be taken in this matter.

 

The amendment was put and lost.

The motion was put and carried.

 

 

DEVELOPMENT APPLICATIONS TO BE ADOPTED WITHOUT DISCUSSION

         

No items were adopted without discussion.

 

 

Reports - Domestic Applications

 

11.1

SUBJECT          20 Rawson Street, Epping. (Lot 4 DP 9193) (Lachlan Macquarie Ward)

DESCRIPTION  Alterations and additions to the existing dwelling house and the construction of a cabana and an in-ground swimming pool at the rear (Location Map - Attachment 1)

REFERENCE    DA/514/2008 - Submitted 18 July 2008

APPLICANT/S   Contemporary Architecture Pty Ltd

OWNERS           Ms S A Ferguson

REPORT OF      Manager Development Services

10291

RESOLVED       (Esber/Elmore)

 

(a)     That Council grant consent to Development Application No. 514/2008 subject to standard conditions and the following extraordinary condition:

 

1.      The premises being used exclusively as a single dwelling house and not being adapted for, or used as a dual occupancy.

Reason:    To ensure the premises is used as a sole occupancy.

 

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

 

DIVISION         The result being:-

 

AYES:            Councillors P B Barber, A Bide, J Chedid, G Elmore, P Esber, J D Finn, P J Garrard, A Issa OAM, M Lack, C X Lim, S Lloyd, M McDermott, L E Wearne and A A Wilson.

 

NOES:           Nil.

 

Note

A notice of motion to rescind this matter was submitted prior to the conclusion of the meeting.

 

 

 

 

11.2

SUBJECT          623 Victoria Road, Ermington. (Lots 1-3, DP 128448 and Lot 1 DP 669296) (Lachlan Macquarie Ward)

DESCRIPTION  To carry out a traffic control/management home business within the existing dwelling house and  on the subject site. (Location Map - Attachment 1)

REFERENCE    DA/226/2008 - 8 April 2008

APPLICANT/S   Mr J Sanson

OWNERS           Mr J Sanson

REPORT OF      Manager Development Services

10292

RESOLVED       (Wilson/Esber)

 

(a)     That Council grant consent to Development Application No. 226/2008 subject to standard conditions and the following extraordinary conditions:

 

   1.   The proposed home business shall operate for a period of three (3) years from the date of determination and reviewed after that time. Continuation of the use will require Council's approval under the Environmental Planning and Assessment Act 1979, by way of a new development application.

Reason: To ensure that the extended hours of operation are reviewed and assessed in light of their performance and to ensure that the use does not interfere with the amenity of the locality.

 

        2.        The proposed home business shall operate between the hours of 6am and 9pm Monday to Friday, Saturday 7am to 12 noon. No operations/activities associated with the use shall occur on Sunday or Public Holidays.

Reason: To protect the amenity of the area.

 

3.      The parking area for the utility vehicles on the site shall be made into a hardstand area, as indicated in red on the approved plans.

Reason: To ensure appropriate use of the site.

 

4.      At no time shall vehicles associated with the use or dwelling on the site, be parked in Ermington Lane.

Reason: To ensure adequate access on Ermington Lane

 

5.      The proposed home business shall not employ more than two (2) persons other than the residents of the dwelling at any time.

Reason: To ensure appropriate use of the site and comply with the definition of ‘home business’.

 

6.      The use shall not interfere with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or otherwise.

Reason: To ensure compliance with the definition of ‘home business’ under the Parramatta Local Environmental Plan 2001.

 

7.      All vehicles associated with the use shall be parked on the site at all times and these shall be parked in a stacked arrangement in the area and configuration indicated on the approved plans.

Reason: To ensure appropriate entry and exit from the site and to protect the amenity of neighbouring dwellings.

 

8.      The utility vehicles associated with the use shall enter and exit the site in the following manner:-

i)       reverse into the site from Ermington Lane

ii)      exit the site onto Ermington Lane in a forward direction.

Reason: To protect the amenity of neighbouring properties

 

9.      There shall be no storage of hazardous or toxic materials on the site at any time.

Reason: To ensure the health and safety of the public and to ensure appropriate use of the site.

 

10.    The operation of the premises is not to give rise to emissions of air impurities in contravention of the Protection of the Environment Operations Act 1997. Air emissions from the premises must not cause a nuisance from odours, nor be hazardous to human health or the environment.

Reason: To prevent loss of amenity to the area.

 

11.    The use of the premises not giving rise to:-

i)       transmission of unacceptable vibration to any place of different occupancy,

ii).     a sound pressure level measured at any point on the boundary   of any affected residential premises that exceeds the background noise level by more than 5 dB(A). The source noise level shall be assessed as an LAeq,15 min and adjusted in accordance with Environment Protection Authority (EPA) guidelines for tonality, frequency weighting, impulsive characteristics, fluctuations, and temporal content as described in the NSW Environmental Planning & Assessment Act 1979: Environmental Noise Control Manual, Industrial Noise Policy 2000 and the Protection of the Environment Operations Act 1997.

Reason:     To prevent loss of amenity to the area.

12.             Suitable trees be planted along Victoria Road as landscaping.

13.      Fencing be provided from the corner of the house to the eastern boundary at end of northern side of hard stand and on the other side of the house from point of house to western boundary immediately above the garage (refer to plan tabled at meeting).

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

 

DIVISION         The result being:-

 

AYES:            Councillors P B Barber, J Chedid, P Esber, J D Finn, P J Garrard, A Issa OAM, M Lack, C X Lim, S Lloyd, M McDermott and A A Wilson.

 

NOES:           Councillors A Bide, G Elmore and L E Wearne.

 

 

 

 

 

11.3

SUBJECT          1/140 Church Street, Parramatta. (Lot 94 SP 78606) (Arthur Phillip Ward)

DESCRIPTION  To fitout and use the existing premises as a Restaurant/Cafe. (Location Map - Attachment 2)

REFERENCE    DA/555/2008 - Submitted 6 August 2008

APPLICANT/S   Mr J Zervos

OWNERS           Everest Property Holdings Pty Ltd

REPORT OF      Manager Development Services

10293

RESOLVED       (Esber/Elmore)

 

(a)     That Council grant consent to Development Application No. 555/2008 for the internal fitout and use of shop No.1/140 Church Street, Parramatta as a Restaurant/Café subject to standard conditions and the following extraordinary conditions.

 

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

Reason: To protect the amenity of the area.

 

2.      Sanitary Facilities are to be provided in accordance with Clause F 2.3 of the Building Code of Australia 2008. Details shall be submitted to the satisfaction of the PCA prior to release of the construction certificate.

Reason: To ensure the adequate sanitary facilities are provided. 

 

3.      The hours of operation are restricted to 7am to 10pm Monday-Thursday, and 7:00am to 11:00pm Friday - Sunday. Any alterations to the above will require further development approval.

Reason: To minimise the impact on the amenity of the area.

 

4.      Outdoor dining shall be wholly within the boundaries of the subject site as per the approved plans.

Reason: To ensure compliance with the consent.

 

5.      To preserve the streetscape, roller shutters are not to be placed over the entrance or the windows of the premises.

Reason: To preserve the streetscape.

 

6.      Any use of the premises as a Place of Public Entertainment is subject to further approval of Council.

Reason: To protect the amenity of the area.

 

7.      Umbrellas shall not be installed in the outdoor dining area unless further approval is obtained by Council.

Reason: To protect the heritage significance of the site.

 

DIVISION         The result being:-

 

AYES:            Councillors P B Barber, A Bide, J Chedid, G Elmore, P Esber, J D Finn, P J Garrard, A Issa OAM, M Lack, C X Lim, S Lloyd, M McDermott, L Wearne and A A Wilson.

 

NOES:           Nil.

 

 

 

 

 

11.4

SUBJECT          33 Alfred Street & 75 Parramatta Road, Granville  (F.S Garside Park) (Lots 24, 26, 28 & Pt Cl lane Sec 3 in DP 1250) (Elizabeth Macarthur Ward)

DESCRIPTION  Staged Application for demolition of existing kiosk, toilets and change shed and erection of new amenities building.

REFERENCE    DA/413/2008 - Submitted 6 June 2008

APPLICANT/S   Parramatta City Council

OWNERS           Parramatta City Council

REPORT OF      Manager Development Services. Also Senior Development and Certification Officer Development Services Unit Memorandum dated 10 November 2008.

10294

RESOLVED       (Esber/Bide)

 

(a)     That Council grant a staged development consent to Development Application No. 413/2008 subject to standard conditions and the following extraordinary conditions:

 

1       The existing change sheds, toilets and the awning over the seating area between these structures are to be demolished within 2 months of the completion of the Stage 1 works. The kiosk building is to be demolished within 2 months of the completion of the Stage 2 works. The area of the demolition for each stage is to be cleared of debris, appropriately graded and is to be grassed. The existing spectator seating area may be retained.

Reason:    To ensure the removal of the substandard and visually unattractive structures.

 

2       Structural certification from a suitably qualified structural engineer should be submitted with the application for a Construction Certificate indicating that the proposed building and structures have been designed to withstand inundation, debris and buoyancy forces of floodwater through the site for all storms up to and including the Probable Maximum Flood (PMF) assuming total pipe blockage.

Reason:    To ensure the appropriate flow of water

 

DIVISION         The result being:-

 

AYES:            Councillors P B Barber, A Bide, J Chedid, G Elmore, P Esber, J D Finn, P J Garrard, A Issa OAM, M Lack, C X Lim, S Lloyd, M McDermott, L Wearne and A A Wilson.

 

NOES:           Nil.

 

 

 

 

 

11.5

SUBJECT          37 Midson Road, Eastwood. (Lot 1 DP 270441) (Lachlan Macquarie Ward).

DESCRIPTION  Internal structural strengthening of the two existing chimneys (identified as the Northern Chimney and Southern Chimney) located within the Eastwood Brickworks Site. (Location Map - Attachment 1)

REFERENCE    DA/576/2008 - Submitted 12 August 2008

APPLICANT/S   AV Jennings

OWNERS           Community Association DP 270441

REPORT OF      Manager Development Services

10295

RESOLVED       (Esber/Wearne)

 

That Council grant consent to Development Application No. 576/2008 subject to standard conditions.

 

DIVISION         The result being:-

 

AYES:            Councillors P B Barber, A Bide, J Chedid, G Elmore, P Esber, J D Finn, P J Garrard, A Issa OAM, M Lack, C X Lim, S Lloyd, M McDermott, L Wearne and A A Wilson.

 

NOES:           Nil.

 

 

 

 

 

 

11.6

SUBJECT          50 O'Connell Street, Parramatta (also known as 8A Grose Street, Parramatta). (Lot 1 DP1103632) (Arthur Phillip Ward)

DESCRIPTION  Use of the existing building for the purpose of a graphic arts and web page designers office. (Location Map - Attachment 1)

REFERENCE    DA/643/2008 - Submitted 8 September 2008

APPLICANT/S   Order Architects Pty Ltd

OWNERS           Parramatta Leagues Club Limited

REPORT OF      Manager Development Services

10296

RESOLVED       (Esber/Esber)

 

(a)     That Council grant consent to Development Application No. 643/2008 subject to standard conditions.

 

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

 

DIVISION         The result being:-

 

AYES:            Councillors P B Barber, A Bide, J Chedid, G Elmore, P Esber, J D Finn, P J Garrard, A Issa OAM, M Lack, C X Lim, S Lloyd, M McDermott, L Wearne and A A Wilson.

 

NOES:           Nil.

 

 

 

Reports - Development Applications

 

 

12.1

SUBJECT          1 Wyuna Place, Oatlands. (Lot 13 DP 31813) (Elizabeth Macarthur Ward)

DESCRIPTION  Further Report - Demolition of the existing dwelling and construction of an attached two storey dual occupancy with Torrens title subdivision

REFERENCE    DA/634/2007 - Submitted: 14 August 2007

APPLICANT/S   Mr J Rou

OWNERS           Ms R Jia

REPORT OF      Manager Development Services. Also Development Assessment Team Leader Memorandum dated 7 November 2008.

10297

RESOLVED       (Chedid/Bide)

 

(a)               That consideration of this matter be deferred and an on site meeting be held at 1 Wyuna Place,Oatlands with arrangements being left in the hands of the council officers and all residents in Wyuna Street and surrounding streets that sent in letters be notified of the proposed meeting.

(b)               Further, that a report be provided as to whether letters passed on to the Development Department by Councillor Chedid had been provided with a response.

 

 

DIVISION         The result being:-

 

AYES:            Councillors P B Barber, A Bide, J Chedid, P Esber, J D Finn, P J Garrard, A Issa OAM, C X Lim, S Lloyd, M McDermott, L Wearne and A A Wilson.

 

NOES:           Councillors G Elmore and M Lack.

 

 

 

 

 

 

12.2

SUBJECT          Church Street Road Reserve and 353A - 353C Church Street, Parramatta. (Arthur Philip Ward).

DESCRIPTION  Section 96(1)(A) Modification to an approved outdoor dining for 180 chairs. The modification seeks to relocate 4 tables and associated chairs, erection of an awning and extension of hours of operation. (Location Map - Attachment 2)

REFERENCE    DA/26/2006/C - Submitted: 4 July 2008

APPLICANT/S   Meat and Wine Company (Parramatta) Pty Ltd

OWNERS           Parramatta City Council

REPORT OF      Manager Development Services

 

MOTION              (Finn/Wilson)

 

That consideration of this matter be deferred and the application be referred to an Urban Designer to consider such issues as materials, form, architectural compatibility, colour and effect on foot traffic.

 

AMENDMENT  (Lim/Bide)

 

That Council modify Development Consent No. 26/2006 as follows.

 

1.         Replace condition 1 with the following:

 

“1.       The development is to be carried out in compliance with the following plans and documentation listed below and endorsed with Council’s stamp, as amended by the conditions of consent.

 

Drawing No

Dated

Job No. 461005, Drawing No. 03 prepared by DS17

January 2006

Job No. 461005, Drawing No. 02 prepared by DS17 – typical seating dimension and railing elevation only, layout of tables and chairs amended by the following plans

January 2006

One plan unnumbered, titled Ground Floor Plan, showing the layout of tables and chairs, prepared by DS17

Undated, received by fax on 19.09.08

One plan titled “Plan” showing layout of 4 tables, prepared by Alfresco Shade

Undated

One plan titled “West Wall Elevation”, prepared by Alfresco Shade

Undated

One plan titled “West Wall Elevation”, prepared by Alfresco Shade

Undated

One plan titled “Section A - A”, prepared by Alfresco Shade

Undated

 

Document(s)

Dated

Document titled “Statement of Environmental Effects and Statement of Heritage Impact”, prepared by Graham Edds & Associates, as amended by the following documents.

February 2008

Document titled “Statement of Environmental Effects – Proposed Relocation of Outdoor Seating”, prepared by Design Cubicle

July 2008

Document titled “Traffic and Pedestrian Safety Assessment Outdoor Dining Areas”, prepared by Thompson Stanbury Associates

22 April 2008

Waste Management Plan

25/2/2008

Document titled “Transistor Café, 353A Church Street, Parramatta Noise Management Plan and House Policy”, prepared by Karima Catering Enterprises Pty Ltd, with the exception of the components addressing the provision of live music within the site.

21 August 2006

Document titled “Extended Existing Trading Hours Transistor Café 353A Church Street, Parramatta Environmental Noise Assessment”, prepared by Acoustic Logic Consultancy

21 August 2006

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

 

2.         Replace condition 7 with the following:

 

7.         The hours of operation of the outdoor area being restricted to 7.00am to 12.00 midnight, seven days per week.

Reason:         To minimise the impact on the amenity of the area.

 

3.         Replace condition 15 with the following:

 

15.       The outdoor dining area is to be enclosed on a maximum of three sides and the PVC screens are only to be used in rainy or windy weather, in accordance with Council’s Outdoor Dining Policy 2003 or between 10pm and midnight as required by the recommendations of the “Extended Existing Trading Hours Transistor Café 353A Church Street, Parramatta Environmental Noise Assessment”, prepared by Acoustic Logic Consultancy, dated 21 August 2006.

 

4.         Replace condition 17 with the following:

 

17.      No live entertainment is to be provided within the external dining area or within the associated restaurant.

Reason:         To minimise the impact on the amenity of the area.

 

5.         Replace condition 18 with the following:

 

18.      The restaurant and associated outdoor dining area shall at all times be operated in accordance with the recommendations of the “Extended Existing Trading Hours Transistor Café 353A Church Street, Parramatta Environmental Noise Assessment”, prepared by Acoustic Logic Consultancy, dated 21 August 2006” and the “Transistor Café, 353A Church Street, Parramatta Noise Management Plan and House Policy”, prepared by Karima Catering Enterprises Pty Ltd, dated 21 August 2006 as amended by the conditions of this consent.”

Reason:         To minimise the impact on the amenity of the area.”

 

6.         The following additional conditions be included in the consent:

 

19.       A noise complaints register is to be maintained on the premises and is to identify all noise complaints and the response taken to such complaints. The register is to be made available for viewing upon request by Council officers or Police.

Reason:         Ensure appropriate ongoing management of noise issues.

 

20.      The semi-transparent plastic sheets extending from the northern-most segment of the Church Street seating area (under the umbrella in closest proximity to the pedestrian crossing on Church Street) are to be removed from all 3 sides. The 2 sections of barrier fencing around the periphery of that segment are to be removed. All tables and chairs and other equipment for storage of materials, together with any other material in this area that may block sight lines towards pedestrians using the Church Street crossing are to be removed permanently. These works are to be carried out at the cost of the applicant. Council will cut back the strip hedge along Church Street to be 6m from the pedestrian crossing and will provide feature paving bricks as required at no cost to the applicant.

Reason:         To maintain amenity of the streetscape.

 

21.       A 2m wide path of travel is to be maintained to the exit door adjoining the relocated tables and chairs and the existing approved tables and chairs.

Reason:         To ensure public safety.

 

22.      Approval is required under section 126 the Roads Act 1993 and an activity approval under Section 68 Part E the Local Government Act 1993 is also required for the proposed works.

Reason:         To fulfil requirements under the legislation.

 

The amendment was put and carried.

 

DIVISION         The result being:-

 

AYES:            Councillors P B Barber, A Bide, G Elmore, P J Garrard, A Issa OAM, M Lack and C X Lim.

NOES:           Councillors J D Finn, S Lloyd,  M McDermott, L E Wearne and A A Wilson.

 

The Lord Mayor declared the amendment carried.

 

The amendment became the motion and was put and lost.

 

AYES:            Councillors P B Barber, A Bide, P J Garrard, M Lack and C X Lim.

NOES:           Councillors G Elmore, P Esber, J D Finn, A Issa OAM, S Lloyd,  M McDermott, L E Wearne and A A Wilson.

 

The Lord Mayor again declared the motion lost.

 

Note

1.             As no decision had been reached by the Chamber, the Lord     Mayor advised that this matter would be deferred to the next     Council Meeting (Regulatory).

2.             Councillor J Chedid left the meeting at 7.49pm during consideration of this matter.

3.             Councillor P Esber was absent from the meeting during the first division taken but returned for the 2nd division.

 

 

 

 

 

12.3

SUBJECT          20 Marion Street Parramatta (Lot 21 DP 524232) (Arthur Phillip Ward)

DESCRIPTION  The application seeks approval to subdivide the land into two allotments and strata title subdivide an approved office building into two allotments. (Location Map Attachment 1)

REFERENCE    DA/569/2008 - Submitted 11 August 2008

APPLICANT/S   Marion Australia Pty Ltd

OWNERS           Mr Aghnatios Alam

REPORT OF      Manager Development Services 

10298

RESOLVED       (Esber/Finn)

 

That Development Application No. 569/2008 be approved subject to standard conditions and the following extraordinary condition:

 

1.      The subdivision certificate shall not be issued until the final occupation certificate has been issued for the works approved under Development Consent No. DA/563/2006.

Reason: To ensure that the subdivision of the site relates to the approved development.

 

DIVISION         The result being:-

 

AYES:            Councillors P B Barber, A Bide, G Elmore, P Esber, J D Finn, P J Garrard, A Issa OAM, M Lack, C X Lim, S Lloyd, M McDermott and A A Wilson.

 

NOES:           Nil.

 

Note

Councillor L E Wearne left the meeting at 7.55pm during consideration of this matter.

 

 

 

 

 

12.4

SUBJECT          197 Church Street, Parramatta. (Cor Lot 1 DP 710335)

DESCRIPTION  Section 96(2) application to modify the approved hours of trading and hours for the sale of alcohol for Strike Bowl.

REFERENCE    DA/266/2008/A - Submitted: 9 September 2008

APPLICANT/S   Grant Cusack Solicitor Principal

OWNERS           Holdmark Properties Pty Ltd

REPORT OF      Manager Development Services

10299

RESOLVED       (Esber/Lim)

 

(a)     That Council modify Development Consent No. 255/2008 dated 14 July 2008 in the following manner:

 

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

 

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:

 

Document

Dated

Security and Management Plan for ‘Strike Parramatta” – Amended

August 2008

 

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

 

Condition No. 40 is to be modified as follows;

 

40.    The days and hours of operation being restricted to the following:

 

Monday                        10:00am until 11:00pm

Tuesday                       10:00am until 11:00pm       

Wednesday                 10:00am until 11:00pm

Thursday                      10:00am until 12:00 midnight

Friday                           10:00am until 1:30am

Saturday                       10:00am until 1:30am

Sunday                         10:00am until 11:00pm

 

Any alterations to the above will require further development approval.

Reason:    To protect and maintain the amenity of the area.

 

Condition No. 41 is to be modified as follows;

 

41.    The sale of alcohol to patrons is restricted to the following:

 

Monday                        10:00am until 10.45pm

Tuesday                       10:00am until 10.45pm

Wednesday                 10:00am until 10.45pm

Thursday                      10:00am until 11:45pm

Friday                           10:00am until 1:00am

Saturday                       10:00am until 1:00am

Sunday                         10:00am until 10.45pm

 

Any alterations to the above will require further development approval.

Reason:    To ensure consistency with conditions of Liquor Licence.

 

DIVISION         The result being:-

 

AYES:            Councillors P B Barber, A Bide, G Elmore, P Esber, J D Finn, P J Garrard, A Issa OAM, M Lack, C X Lim, S Lloyd, M McDermott and A A Wilson.

 

NOES:           Nil.

 

 

 

 

12.5

SUBJECT          Further Report - 4 Blakeford Avenue, Ermington (Lot 9 DP 203438) (Lachlan Macquarie Ward)

DESCRIPTION  Demolition, tree removal and construction of 4 detached single storey in-fill self care dwellings under SEPP (Housing for Seniors or People with a Disability) 2004 (Locality Map - Attachment 1)

REFERENCE    DA/185/2007 - Submitted 13 March 2007

APPLICANT/S   ARDesign

OWNERS           Aged Care and Living Pty Ltd

REPORT OF      Manager Development Services

10300

RESOLVED       (Lim/Lloyd)

 

(a)     That Council grant consent to Development Application No 185/2007, subject to standard conditions and the following extraordinary conditions:

 

1.      The development is to comply with the relevant design standards specified under Schedule 3 of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004. These include design requirements relating to siting standards, security, letter boxes, private car accommodation, accessible entry, interior: general, bedroom, bathroom, toilet, surface finish, door hardware, ancillary items, living room and dinning room, kitchen, laundry and storage for linen.

Reason: To comply with the provisions of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004.

 

2.      The creation of a restriction as to use of land in accordance with section 88E of the Conveyancing Act 1919, restricting the occupation of the premises to:

 

(a)     seniors or people who have a disability,

(b)     people who live within the same household with seniors or people who have a disability,

(c)     staff employed to assist in the administration of and provision of services to housing provided, as defined under Clauses 8 and 9 of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004.

Reason: To comply with the provisions of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004.

 

3.      All advertising, signage, marketing or promotion of the sale of the dwellings in this development shall make clear reference to the fact that this is a State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 development and that at least one occupier shall be aged 55 or over or have a disability.

Reason: To comply with the provisions of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004.

 

4.      The development is to remain as Housing for Seniors or People with a Disability within the meaning of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004.

Reason: To comply with the provisions of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004.

 

5.      The proposed concrete footpath from the site to Kissing Point Road along Blakeford Avenue is to be designed and constructed in accordance with Council’s current Paving Policy having regard to existing trees. This design is to be verified by Council’s Design Services Section prior to issue of the Construction Certificate.

Reason: To ensure a suitable access pathway is provided in accordance with the provisions of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 and to preserve the environmental amenity of the area.

 

(b)     That Council support the SEPP No.1 objection to Clause 40(3) of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 with respect to the non-compliance with the minimum site frontage.

 

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

 

 

DIVISION         The result being:-

 

AYES:            Councillors P B Barber, A Bide, G Elmore, P Esber, J D Finn, P J Garrard, A Issa OAM, M Lack, C X Lim, S Lloyd, M McDermott and A A Wilson.

 

NOES:           Nil.

 

 

 

 

12.6

SUBJECT          38 Charles Street, Parramatta (land surrounding the Port Bar, adjacent to Parramatta Wharf) (Arthur Phillip Ward)

DESCRIPTION  New outdoor dining area in lieu of landscaped terrace, including new retaining walls, balustrade, 6 umbrellas (with supporting columns) and a coffee cart. The new outdoor dining area is proposed to accommodate a maximum of 30 tables and 120 chairs. (Attachment 1 - Locality Map)

REFERENCE    DA/149/2008 - Submitted 4 March 2008

APPLICANT/S   TNT Investments Pty Ltd

OWNERS           Parramatta City Council

REPORT OF      Manager Development Services

10301

RESOLVED       (Bide/Lim)

 

(a)     That Council grants a ‘Deferred Commencement’ consent under the provisions of s.80(3) of the Environmental Planning & Assessment Act 1979, as amended. The consent shall not operate until the applicant satisfies the Council as to the following matters contained in Part A of this consent:

 

Part A – Deferred Commencement

 

1.      A lease-agreement being entered into between the applicant and Parramatta City Council in relation to that part of the proposal being located over Council’s reserve (Lot 2 in DP 869816).

 

2.      Details of the proposed planter boxes, including their location, being submitted to Council’s Strategic Asset Management Unit prior to installation.

 

3.      Details of the texture, type and colour of the proposed pavers shall be submitted to Council’s Strategic Asset Management Unit prior to installation.

 

(b)     That upon satisfactory completion of the above, a final consent will be issued, including standard and the following extraordinary conditions contained in Part B below.

 

Part B

 

1.      The applicant is to ensure that all relevant approvals of the Liquor Administration Board are secured, prior to the use commencing.

Reason: To ensure compliance with relevant legislation.

 

2.      This approval shall only apply to those works proposed within the 140m² outdoor area and does not include any notation relating to any other land.

Reason: To ensure that the consent relates to what was sought.

 

3.      The outdoor dining area subject of this development application shall only be used between 7.00am and 11.00pm, 7 days. Any alterations to the above will require further development approval.

Reason: To minimise the impact on the amenity of the area

 

4.      This consent limits the number of tables to 30 and the number of chairs to 120.

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

 

5.      The applicant must ensure that disabled access is maintained at all times around the perimeter of the outdoor dining area.

Reason: To ensure equitable access.

 

6.      The coffee cart is not to be a fixed structure. It must be wheeled into the building after hours.

Reason: For security reasons.

 

7.      The proposed works are to be carried out so that:

 

(i)      no materials are eroded, or likely to be eroded, are deposited, or likely to be deposited, on the bed or shore or into the waters of the Parramatta River; and

(ii)     no materials are likely to be carried by natural forces to the bed, shore or waters of the Parramatta River.

Reason: To comply with the requirements of NSW Maritime.

 

8.      Any material that does enter the Parramatta River must be removed immediately.

Reason: To comply with the requirements of NSW Maritime.

 

9.      Best practice methods shall be adopted for the on-site control of runoff, sediment and other pollutants during and post construction. Methods shall be in accordance with the relevant specifications and standards contained in the manual Managing Urban Stormwater – Soils and Construction, issued by the NSW Department of Housing/Landcom in 2004 and any other relevant Council requirement.

Reason: To comply with the requirements of NSW Maritime.

 

10.    The erosion, sediment and pollution controls shall be installed and stabilised before commencement of site works. This does not include the works associated with the construction of the appropriate controls.

Reason: To comply with the requirements of NSW Maritime.

 

11.    The proposed system for erosion, sediment and pollution control is to be effectively maintained at or above design capacity for the duration of the works until such time as all ground disturbed has been stabilised and rehabilitated so that it no longer acts as a source of sediment.

Reason: To comply with the requirements of NSW Maritime.

 

12.    The foreshore is to be fully protected for the duration of the works. This includes preventing the storage of any machinery, materials, equipment, supplies or waste receptacles within the inter-tidal area.

Reason: To comply with the requirements of NSW Maritime.

 

13.    Access for delivery and removal of materials to and from the site is not to make use of the waterway and the adjoining foreshore, nor private land adjoining the site.

Reason: To comply with the requirements of NSW Maritime.

 

14.    No works are to be undertaken on land owned by NSW Maritime (i.e below MHWM) without the relevant approvals being granted by NSW Maritime.

Reason: To comply with the requirements of NSW Maritime.

 

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

 

 

DIVISION         The result being:-

 

AYES:            Councillors A Bide, G Elmore, P Esber, J D Finn, A Issa OAM, M Lack, C X Lim, S Lloyd, M McDermott, L E Wearne and A A Wilson.

 

NOES:           Councillor P J Garrard.

 

Note

1.    Councillor P B Barber declared a non pecuniary interest in this       matter as the owner of the property is well known to him and temporarily retired from the meeting during consideration and voting on this issue.                                                                                                                                                                                                           Cou

2.    Councillor L E Wearne returned to the meeting at 8.10pm during consideration of this matter.

 

 

 

12.7

SUBJECT          68 Marguerette Street, Ermington. (Lot 317 DP 16170) (Lachlan Macquarie Ward)

DESCRIPTION  Demolition, tree removal and construction of a detached two-storey dual occupancy with Torrens title subdivision

REFERENCE    DA/904/2007 - Submitted: 25 October 2007

APPLICANT/S   Residential Logistics Pty

OWNERS           Mr H K Carelsen and Mrs M Carelsen

REPORT OF      Manager Development Services

10302

RESOLVED       (Esber/Lloyd)

 

(a)       That Council grant a deferred commencement consent (drainage easement required) to Development Application No. 904/2007 subject to standard conditions.

 

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

 

DIVISION         The result being:-

 

AYES:            Councillors P B Barber, A Bide, G Elmore, P Esber, J D Finn, P J Garrard, A Issa OAM, M Lack, C X Lim, S Lloyd, M McDermott and A A Wilson.

 

NOES:           Nil.

 

Note

Councillor L E Wearne left the meeting at 8.11pm during consideration of this matter.

 

 

 

 

 

12.8

SUBJECT          104 Oakes Road, Toongabbie. (Lot 1 in DP 559006 and Lot 1 in DP 620256) (Caroline Chisholm Ward)

DESCRIPTION  Alterations and additions to the Baxter Health Care facility, including an extension to the main manufacturing building, refurbishment of the office area and re-routing of the drainage easement. (Locality Map - Attachment 1)

REFERENCE    DA/267/2008 - DA lodged 21 April 2008

APPLICANT/S   Baxter Healthcare Pty Ltd

OWNERS           Baxter Healthcare Pty Ltd

REPORT OF      Manager Development Services

10303

RESOLVED       (Esber/Elmore)

 

(a)     That Development Application No. 267/2008 be approved, subject to standard and the following extraordinary conditions.

 

(1)     The on-site detention system shall be designed by a practising structural engineer and is to be structurally adequate to carry the designated load. Detailed structural plans are to be submitted with the construction certificate.

 

(2)     The applicant shall demonstrate on the construction certificate plans that the overland flow path analysis up to 1 in 100 year events and the proposed overland flow path within the development area and on Council land has enough capacity to safely convey overland flows through the site.

 

(3)     Water sensitive urban design principles, including re-use of rainwater, are to be incorporated into the final design of the stormwater drainage system. These shall include permeable pavement, vegetated swales, rainwater re-use and landscaping and shall be shown on the construction certificate plans and submitted to the Principal Certifying Authority.

 

(4)     Connection of the new drainage line to the existing drainage pipeline shall be done by using a concrete pit or chamber and the means of protection of the existing stormwater pipe system through the site that may be affected by excavation or construction shall be depicted on the construction certificate plans and submitted to the Principal Certifying Authority.

 

(5)     Prior to the issue of the occupation certificate, the applicant must create a ‘restriction-on-use’ on the title of the property. The restriction is to be over Council’s drainage easement of 4.57m wide running through the site as identified on drainage plan No. 08S026C-01 Rev D dated 5/09/08 and drawn by Hughes Trueman and must prevent the placement of any structures, walls, fences, fill or other items which may impede the 100 year ARI flow, within that zone. No building encroachment or structural overhang is allowed upon the drainage easement.  Parramatta City Council is to be named as the Authority whose consent is required to release, vary or modify the restriction.

 

(6)     A positive covenant and a restriction shall be created on the property title under the provision of the Conveyancing Act 1919, to ensure that the required on-site detention system will be adequately maintained. A copy of the typical covenant may be obtained from the Council's Development Services Unit.

 

(7)     The registration of the proposed Council’s drainage easement of 4.57m wide running through the site, located and identified as Line 2 on plan No. 08S026C-01 Issue D dated 05/09/2008 (prepared by: Hughes Trueman Consulting Engineers), shall be created in favour of Parramatta City Council at the cost of the applicant.

 

(8)     Proof of registration shall be submitted to the Principal Certifying Authority then to Council prior to occupation or use of on-site.

Note: The covenant is to be submitted to Council for approval prior to lodgement with the Land and Property Information Service of NSW.

Reason: To ensure maintenance of on-site detention facilities.

 

Note:          The applicant should give consideration to the re-use of the driveway accessing Old Windsor Road. Such use will require the further approval of Council and the RTA. The width of the vehicular footpath crossing on Old Windsor Road would require to comply with AS2890.2 - 2002 for heavy rigid vehicle and subject to the Road and Traffic Authority requirements.

 

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

 

 

DIVISION         The result being:-

 

AYES:            Councillors P B Barber, A Bide, G Elmore, P Esber, J D Finn, P J Garrard, A Issa OAM, M Lack, C X Lim, S Lloyd, M McDermott and A A Wilson.

 

NOES:           Nil.

 

 

 

 

12.9

SUBJECT          2 Phillip Street Parramatta (Lot 1 and 2 DP 986344) (Arthur Phillip Ward)

DESCRIPTION  Section 96(1a) modification which seeks approval to modify a development consent for alterations and additions to two existing restaurants. The application seeks approval for the installation of an air-conditioning unit, the demolition of two waste storage sheds, the construction of a new waste storage room and the deletion of condition No.5. (Location Map attachment 1)

REFERENCE    DA/944/2007/A - Submitted 26 May 2008

APPLICANT/S   Bavarian Hospitality Group Pty Ltd

OWNERS           Kyrod Pty Ltd

REPORT OF      Manager Development Services

10304

RESOLVED       (Esber/Elmore)

 

That development consent No. 944/2007 be modified in the following manner:

 

1.      The following new condition be added to the consent.

 

1a.    The installation of the new garbage room and air conditioning unit is to be carried out in compliance with the following plans and documentation listed below and endorsed with Council’s stamp, except where amended by other conditions of this consent:

 

Drawing No

Dated

DA210 Revision B – Proposed Elevations

1/05/08

DA211 Revision A – Proposed External Elevations

5/04/08

DA100 Revision C – Proposed Ground Floor Layout Plan

1/05/08

DA801 Revision A – Waste/Recycling Store

5/04/08

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

 

3.             Further, that condition No. 5 be deleted.

 

DIVISION         The result being:-

 

AYES:            Councillors P B Barber, A Bide, G Elmore, P Esber, J D Finn, P J Garrard, A Issa OAM, M Lack, C X Lim, S Lloyd, M McDermott and A A Wilson.

 

NOES:           Nil.

 

 

 

Notices of Motion

 

13.1

SUBJECT          Congratulations to Councillor Prabir Maitra

REFERENCE    F2008/04117 - D01052041

REPORT OF      Councillor G J Elmore

10305

RESOLVED      (Elmore/Esber)

 

That the following motion be deferred to the next meeting of Council:-

 

“That Council congratulate Councillor Prabir Maitra as the first Bangladesh born person to be elected to local government in Australia

 

 

 

13.2

SUBJECT          Processing Time for Development Applications

REFERENCE    F2004/09236 - D01058208

REPORT OF      Councillor A A Wilson

10306

RESOLVED       (Wilson/Lloyd)

 

(a)     That Parramatta City Council look to commission a report from the  University of Western Sydney or other major university, together with comment from the Department of Planning, to comment on the draft report on meeting the State Government's 40 day processing time for Development Applications before applicants are allowed to appeal to the Land and Environment Court. Should this not be possible that Development Applications be processed in a 40 day time frame then the manner we do process Development Applications should reflect industry best practice

 

(b)     That Parramatta City Council sets itself the goal of being the most           efficient Metropolitan Council in NSW in processing Development           Applications.

 

(c)       Further, that Manager Development Services report to Council on a monthly basis via the Councillors Information Folder on the processing times of development application.

 

Note

Councillors L E Wearne and J Chedid returned to the meeting at 8.15pm during consideration of this matter.

 

 

 

13.3

SUBJECT          Support from WSROC

REFERENCE    F2005/02163 - D01062365

REPORT OF      Councillor A A Wilson

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

10307

MOTION           (Wilson/Lloyd)                                                                                                                                                                                                               Wilson.lloyd

 

That Council prepare a comprehensive list of items (with strong supporting notes) Parramatta Council would like support for from WSROC. This list to include but not limited to lobbying for a resident company for Riverside Theatres, an Art Gallery that is not dependent on Council funds and the ongoing support that Council was led to expect it would be reasonable to receive from the Transport Department for the "Loop" bus service.

 

AMENDMENT  (Barber)

 

That Council prepare a list of items with supporting notes on those items Parramatta City Council would like WSROC to support.

 

The amendment was accepted as the motion and was put and carried.

 

 

 

CLOSED SESSION

 

10308

RESOLVED       (Wilson/Barber)

 

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

 

 

1       14 King Street, Dundas Valley - Proposed Disposal. (D01044253) - This report is confidential in accordance with section 10A (2) (d) of the Local Government act 1993 as the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

2       Civic Place: Review of Governance Arrangements  . (D01053837) - This report is confidential in accordance with section 10A (2) (c) of the Local Government act 1993 as the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

3       Civic Place November Update. (D01062563) - This report is confidential in accordance with section 10A (2) (c) of the Local Government act 1993 as the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

 

 

RESUMPTION OF MEETING

 

 

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

 

 

Closed Session

 

14.1

SUBJECT          14 King Street, Dundas Valley - Proposed Disposal

REFERENCE    F2004/06915 - D01044253

REPORT OF      Property Program Manager. Also Strategic Asset Manager Memorandum dated 10 November 2008.

10309

RESOLVED      (Wearne/Wilson)

 

(a)     That Council resolve to amend the Parramatta Local Environmental Plan 2001 to reclassify the land for the pathway 3.66 m wide at 14 King Street Dundas Valley to operational.

 

(b)     That Council resolve to create an easement for access for the land for the pathway

 

(c)     That the Lord Mayor and the Chief Executive Officer be authorised to execute any necessary documents to reclassify the land and create the easement.

 

(d)     Further, that the matter be brought back to Council prior to any sale.

 

DIVISION       The result being:-

 

AYES:            Councillors P B Barber, A Bide, J Chedid, G J Elmore, P Esber, J D Finn, P J Garrard, A Issa, OAM, M A Lack, C X Lim, S D Lloyd, M D McDermott, L E Wearne and A A Wilson.

 

NOES:           Nil

 

 

 

 

14.2

SUBJECT          Civic Place: Review of Governance Arrangements 

REFERENCE    F2004/06405 - D01053837

REPORT OF      Chief Executive Officer

10310

RESOLVED      (Finn/Esber)

(a)     That to achieve proper and efficient delivery of the Civic Place project Council note the appointment an internal Development Director on a 5 year contract;

 

(b)     Further, that Council resolve:

 

1.      To continue the role of the Civic Place Management Committee (CPMC), with existing industry and Council representatives, until Financial Close of the Project Development Agreement (PDA) and then utilise the external members of CPMC as independent specialist advisors as required;

 

2.      To immediately establish a joint Project Coordination Group (PCG) with our development partner (Grocon);

 

3.      To retain the services of the external advisors, as required, subject to benchmarking the fees of the CPMC members against the market, bearing in mind the value of historical knowledge of the existing members;

 

4.      For management to establish a formal review mechanism for variations to the PDA against the original project objectives and assessment criteria for the project for use by the CPMC;

 

5.      For management to prepare a revised Governance Plan for the current phase of the project for future review by Council.

 

          Note

          Councillors P B Barber, J Chedid and L E Wearne declared an interest as they are members of the Central Parramatta Planning Committee, the consent authority for Civic Place, and temporarily retired from the meeting during consideration and voting on this issue.

 

 

 

 

14.3

SUBJECT          Civic Place November Update

REFERENCE    F2004/06405 - D01062563

REPORT OF      Chief Executive Officer

10311

RESOLVED      (Esber/Elmore)

That the Council receive and note this report.

 

NOTE:       Councillors P B Barber, J Chedid and L E Wearne declared an interest as they are members of the Central Parramatta Planning Committee, the consent authority for Civic Place, and temporarily retired from the meeting during consideration and voting on this issue.

 

 

QUESTION TIME

 

1

SUBJECT          Footpath Repairs - 179 Excelsior Street, Guildford

REFERENCE    F2004/06838

FROM                 Councillor P J Garrard

10312

Councillor Garrard, on having received complaints from the community, requested that Council staff take the necessary action to repair the footpath outside 179 Excelsior Street, Guildford.

 

 

2

SUBJECT          Riverbeat Banners

REFERENCE    F2008/03115

FROM                 Councillor J D Finn

10313

Councillor Finn sought advice on the vetting undertaken on artwork banners included in events such as Riverbeats. In particular, Councillor Finn referred to a banner with the slogan “The River is Poison” which was felt to be negative.

 

The Lord Mayor advised that the banner had been designed by local artists and added that the issue would be referred to Events to provide a response to Councillor Finn.

 

 

3

SUBJECT          Poisoned Bird Seed - Marsden Street, Parramatta

REFERENCE    F2008/04592

FROM                 Councillor J D Finn

10314

Councillor Finn advised that poisoned bird seed had been placed outside 53 Marsden Street, Parramatta on the weekend resulting in the death and injury of several birds.

 

Council’s Rangers had been contacted in relation to this occurrence, however, had failed to take any action.

 

Councillor Finn considered that officers had a legal responsibility to take action and expressed concern that no action had occurred.

 

The Lord Mayor advised that the matter would be referred to the appropriate Council officer for response.

 

 

4

SUBJECT          Access to Information

REFERENCE    F2006/00878

FROM                 Councillor C X Lim

10315

Councillor Lim sought advice as to whether any statistics existed on complaints received as a result of the inclusion of private information on Council’s website in association with submissions by objectors.

 

 

 

5

SUBJECT          Notice of Intention to Serve an Order and Infringement Notices

REFERENCE    F2008/04592

FROM                 Councillor C X Lim

10316

Councillor Lim requested that Councillors be provided with advice on the difference between a Notice of Intention to Serve an Order as opposed to an Infringement Notice together with advice on how the processes interact.

 

 

6

SUBJECT          Use of Councillor Support Staff

REFERENCE    F2006/00878

FROM                 Councillor P Esber

10317

Councillor Esber advised that the Councillor Support Officers must service 14 councillors and sought advice as to how far such officers should go when sending out literature for councillors.

 

He further sought advice as to when a permanent replacement would be appointed for Ms Sutcliffe who was currently acting as the Lord Mayors Executive Assistant.

 

Councillor Wearne added that Ms Sandra Coady was providing fine service as the temporary Councillor Support Officer.

 

 

7

SUBJECT          Development Control Plan for Places of Worship

REFERENCE    F2008/04592

FROM                 Councillor A Bide

10318

Councillor Bide requested that Council staff report back on the feasibility of a Development Control Plan being prepared for places of public worship or similar places or land uses.

 

 

8

SUBJECT          Operational Liaison Officer for Lachlan Macquarie Ward

REFERENCE    F2004/06956

FROM                 Councillor A A Wilson

10319

Councillor Wilson sought advice as to when an Operational Liaison Officer would be appointed for the Lachlan Macquarie Ward.

 

 

9

SUBJECT          Upkeep of City - Christmas Season

REFERENCE    F2008/03083

FROM                 Councillor A A Wilson

10320

Councillor Wilson sought advice as to what action officers intended to take to ensure the upkeep of the City bearing in mind the upcoming Christmas Season.

 

 

10

SUBJECT          Parramatta River Carp Fish Out

REFERENCE    F2006/01300

FROM                 Councillor S Lloyd

10321

Councillor Lloyd commended Councillor Finn for her earlier question pertaining to the banners associated with Riverbeats.

 

He further requested whether consideration could be given to holding the Parramatta River Carp Fish Out on a more regular basis and for a wider area of Parramatta River.

 

The Lord Mayor responded that the day had proved to be most successful and added that he agreed that the fish out should be held more regularly. He added that he would be happy to provide a barbeque luncheon for future participants.

 

 

11

SUBJECT          Use of Councillor Support Staff (2)

REFERENCE    F2006/00878

FROM                 Councillor P B Barber

10322

Councillor Barber sought advice as to whether councillors were permitted to use Councillor Support Staff to photocopy material, place in envelopes by hand and process in excess of 1,000 mailouts using Council’s paid postage for their personal dissemination of information to residents.

 

He asked whether this could be interpreted as a breach of the Code of Conduct or the improper use of Council resources.

 

Note

The above question was tabled in written format at the meeting for inclusion in Question Time.

 

 

12

SUBJECT          Councillor Support Officers (3)

REFERENCE    F2006/00878

FROM                 Councillor P B Barber

10323

Councillor Barber sought advice as to whether there were any guidelines as to what was considered a reasonable amount of time for any one councillor to occupy the time of a Councillor Support Officer, so as not to monopolise that employee’s time and thereby disadvantaging the other councillors.

 

 

13

SUBJECT          Congratulations to Civic Events Team

REFERENCE    F2004/07639

FROM                 Councillor J Chedid

10324

Councillor Chedid commended the Lord Mayor, Chief Executive Officer and Civic Events Team for the magnificent opening of Riverbeats held at the Parramatta Artists Studio.

 

He added it was wonderful to see the wide interest from the general public.

 

He further questioned whether the event to be held on the foreshores on Saturday, 15 November 2008 was open to the public.

 

The Lord Mayor replied in the affirmative and added that attendance of 15,000 was anticipated.

 

Councillor Chedid added that events each weekend to bring the public to the river foreshores would be beneficial.

 

The Lord Mayor agreed that good publicity was received from such events and undertook to forward a letter of congratulations to the Civic Events Team.

 

 

14

SUBJECT          Investigation of No Right Turn Sign - Corner of Perry Street and Marsden Road, Dundas

REFERENCE    F2004/06844

FROM                 Councillor L E Wearne

10325

Councillor Wearne requested that the possible installation of a No Right Turn Sign from Perry Street on to Marsden Road, Dundas during the peak hours of 6.30am to 9.30am and 3.30pm to 6.30pm be investigated.

 

The Lord Mayor advised that the matter would be referred to the Parramatta Traffic Committee.

 

 

15

SUBJECT          Criteria for Pensioner Rebates on Council Rates

REFERENCE    F2004/05923

FROM                 Councillor L E Wearne

10326

Councillor Wearne requested that the approporiate council officer provide her with advice on the criteria for pensioner rebates as advice had recently been received from a local resident who is in receipt of the War Widows Pension that they were ineligible for the rebate.

 

The Lord Mayor advised that he would arrange for the Rates Clerk to contact Councillor Wearne.

 

 

16

SUBJECT          Parramatta River Carp Fish Out (2)

REFERENCE    F2006/01300

FROM                 Councillor A Bide

10327

Councillor Bide advised that he had some involvement with the fishing industry and raised the possibility of sponsorship and tagged carp in any future fish out.

 

17

SUBJECT          Security Issues - Old Kings Site

REFERENCE    F2006/01037

FROM                 Councillor M McDermott

10328

Councillor McDermott advised that he had visited the Old Kings Site on the weekend and it appeared that certain properties had not been secured and may have been the subject of a break in.

 

He requested that Council officers investigate the site.

 

RESCISSION MOTIONS

 

The Lord Mayor advised that a notice of motion to rescind Item 11.1 regarding the development application submitted for 20 Rawson Street, Epping had been submitted by Councillors L E Wearne, A A Wilson and J Chedid prior to the conclusion of the meeting.

 

The meeting terminated at 9.01pm.

 

THIS PAGE AND THE PRECEDING 31 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON MONDAY, 10 NOVEMBER 2008 AND CONFIRMED ON MONDAY,  24 NOVEMBER 2008.

 

 

 

 

 

Lord Mayor