MINUTES OF THE Meeting of Parramatta City Council HELD IN THE Council Chambers, CIVIC PLACE, PARRAMATTA ON Monday,  8 December 2008 AT 6:48pm

 

PRESENT

 

The Deputy Lord Mayor, Councillor P J Garrard in the Chair and Councillors P B Barber, J Chedid, P Esber, J D Finn, M A Lack, C X Lim, P K Maitra, M D McDermott, L E Wearne (arrived 6.49pm) and A A Wilson.

 

 

ACKNOWLEDGEMENT TO TRADITIONAL LAND OWNERS

 

The Deputy Lord Mayor, Councillor P J Garrard acknowledged the Barramatugal Clan of The Darug, the traditional land owners of Parramatta and paid respect to the elders both past and present.

 

 

WELCOME TO NEW GROUP MANAGER OUTCOMES AND DEVELOPMENT

 

The Deputy Lord Mayor, Councillor P J Garrard acknowledged the presence of Council’s new Group Manager Outcomes and Development, Ms Sue Weatherley, in the Chamber and welcomed Ms Weatherley to Parramatta City Council.

 

MINUTES

 

 

SUBJECT          Minutes of the Ordinary Council Meeting held on  24 November 2008

10367

RESOLVED      (Barber/Esber)

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

 

Note

Councillior L E Wearne arrived at the meeting at 6.49pm during consideration of this matter.

 

APOLOGIES

 

 

It was noted that The Lord Mayor, Councillor A Issa OAM and Councillors G Elmore, C X Lim and S Lloyd were absent as they were attending the Special National General Assembly “Local Government Constitutional Summit” being held in Melbourne from 8 to 11 December 2008.

 

 

DECLARATIONS OF INTEREST

                  

 

 

1             Councillor P Esber declared an interest in relation to Item 1 of Petitions regarding the Ermington Medical Centre as the subject premises is owned by his brother in law.

 

2             Councillor M McDermott declared a pecuniary interest                             interest in relation to Item 11.4 regarding 206 Kissing Point Road, Dundas as the property is part owned by Councillor McDermott.

 

3             Councillor   P B Barber declared a non pecuniary interest in relation to Item 12.4 regarding 467 – 469 Church Street, Parramatta                         as the applicants are both known to Councillor Barber.

     

4             Councillor J D Finn declared a non pecuniary interest in relation to Item 12.20 regarding works at Oatlands Golf Course as Councillor Finn is employed by The Department of Water and Energy who are involved in this project. Councillor Finn would not be retiring from the Chamber during consideration of this matter.

 

               Councillor Finn also declared an interest in relation to Item 12.21 regarding the construction of a vertical slot fishway at the upstream weir on Parramatta River as the works are being carried out in Parramatta Park and Councillor Finn is a member of the Parramatta Park Regional Trust.

 

 

PUBLIC FORUM

 

1

SUBJECT          Implementation of ICAC Recommendations

REFERENCE    F2007/01985

FROM                 Mr Bruce Berry

10368

My questions relate to Council’s report on its implementation of ICAC recommendations which may be on tonight’s agenda.

 

1.             In the absence of specific details in the report, I ask what Council is doing to remove corruption risks associated with its policy of not keeping records of its inspections. Council has conceded that it keeps records only when offences have occurred, which does little to deter corruption.

2.             If records of inspections are to be kept, what access to the details will the public have? Will the details go beyond the recording of dates of inspections? In cases where inspections have occurred as a result of complaints from the public, will the results of this inspection be referred back to the complainant? If not, why not?

3.             Council has said that the public’s complaints about development applications and building compliance are not registered in Council’s Customer Relationship Management System and are therefore not considered in Council’s monthly review of “closed items”. Why is this? Who are the “customers”, if not the public? What is a “Customer Relationship Management System”, apart from appearing to be another grey area that is to be disadvantage to the public?

4.             Exposure to corruption allegation and public safety risks are also likely when approval of construction work occurs without first of all obtaining essential and prescribed documents. Council has admitted to neglect in failing to follow the rules in this respect. What specifically has it done to prevent further risks and what opportunities will the public have to monitor the situation?

5.             ICAC makes recommendations on changes to Compliance Services, but Compliance Services seems to have been downgraded. Council makes little reference to it, as such, in its reports. My questions on compliance at development sites are now being answered, not by a Compliance Manager, but by a Manager Environmental Health and Control, which raised the question as to whether qualifications such as a “Certificate 4 Regulatory Course” remove the opportunities for corruption? I ask for clarification on each of these matters.

6.             Only 3 of the 13 ICAC recommendations concern brothels and the sex industry and none of these require the involvement of Parramatta Council, yet the reports produced by Council in Attachments 2 and 3 (Service Audit and Review and Strategic Analyst, Crime and Corruption Prevention) are virtually confined to comments on brothels etc. Why is there this neglect of the wider ramifications of ICAC’s recommendations, ie, in all the other areas that require supervision by the Compliance Section and where there are for far more opportunities for corrupt activities? I suggest that an area that could be considered is the very extensive non compliance with development controls and conditions of consent. What is being done about the public perception that corruption could have occurred in such  situations as double standards in Section 96 applications, contradictory inspection reports and failure to keep records of inspections, inconsistency in issue of penalties, tree removal, invasion of privacy, loss of local amenity, failure to supply requested documents and to obtain essential documents, retrospective approval of already completed work, anomalies in the setting up of construction zones and closure of public pathways?”

 

Questions 1-5 - By Ms Sue Weatherley, Group Manager Outcomes and Development & Question 6 – By  Mr Nicholas Mamezelos, Strategic Analysis, Crime and Corruption Prevention:-              :-

“1         Council has recently combined all Regulatory Service within one unit and the current processes have been reviewed.  All compliance and regulated matters are now dealt with in a uniform manner that involves a Service Request being created for all formal complaints.  All inspection are tasked and noted within the service request to ensure all inspections are documented.

 

2          Details of inspections are required to include dates and notes that describe the actions and results of the inspection.  The complainant will be notified upon finalisation of Council’s investigation and in some cases may be contacted during the process.

 

3          All complaints received by Council  regarding unauthorised development and non compliances with approvals are required to be registered in Council’s Customer Relationship Management System as a Service Request.  The Development Control section within the newly formed Regulatory Service Area will not action a matter unless it is created as a Service Request to ensure all matters are investigated and recorded appropriately.

 

4          As previously advised, Council has reviewed and updated the Construction Certificate assessment process including a peer review of all determinations.

 

5          The ICAC recommendations have been reported and accepted by ICAC.  The compliance area has not been downgraded, it has been integrated with the environmental and health functions.  Additional staff have been provided to this area as part of the integration including an additional Development Control Officer that has now been appointed.  The new structure has been running since November 2008 and there has already been a positive impact on the service provided by Council with the additional skills of combining the Environmental, Health and Development Control Officer’s in handling building site complaints and environmental concerns.  Council Rangers are also contributing in providing assistance for weekend matters.   Council development control staff are being trained in the certificate 4 course to provide a recognised skill base with recognised ethically training, together with training from ICAC.”

 

6          By Nicholas Mamouzelos – Strategic Analyst – Crime and Corruption Prevention:-

“The Strategic Crime & Corruption Officer, in his wide ranging role, conducts oversight of various Compliance functions within Council, and these are not limited to brothels and massage parlours.  Stringent corruption resistant measures are being formulated and implemented right across the regulatory and planning function.  All Development Applications for land use involving all licensed and regulated premises, including brothels, massage parlours, hotels, pubs, nightclubs, entertainment venues, tattoo parlours and piercing salons are subject to review by the Strategic Crime & Corruption Officer at the assessment stage.  This is based on a risk model that identifies development applications through a  focus upon the nature of the planned land use on a corruption risk basis.  This is conducted with the assistance of external government agencies, both at a State and Federal level.”

 

2

SUBJECT          Alteration to Zoning - Smythe Street, Merrylands

REFERENCE    F2006/01198

FROM                 Mr Frank Skiller

10369

“This evening, I and my fellow petitioners from Smythe Street, Merrylands in the Woodville Ward, would like to comment on the proposed Local Environment Plan changes to increase the urban density in our street.

 

Firstly, we would like to remind the councillors of our concerns and commend those councillors who have voted on our behalf to oppose rezoning to high density development.

 

Our main concerns in brief are:

 

1.             Parking congestion already exists in our street as a flow-on effect after changes to the adjoining Railway Terrace.

2.             The narrow width of the street makes it difficult for cars to pass and damage to property and vehicles has already occurred.

3.             Several residents have recently renovated their properties after being advised in the previous LEP that the street would not be zoned for unit developments.

 

These concerns were raised in at an earlier Council meeting and since that time, we understand that the actual and varying width of our street has been measured.  However, we have not been informed of the outcomes or any proposals which would affect traffic flow or the streetscape of our street.

 

Parking remains an issue as currently some existing residents are already parking 10-30 metres from their homes and anticipate that parking availability would be further decreased if the Council approves high density housing up to 6 storey unit blocks.

 

We have also been made aware that the NSW Department of Planning has written to Council opposing such development in our area.

 

A number of questions and considerations were raised in our previous statement and these have not all been sufficiently answered:

 

The residents ask, “What percentage of land changed to heavier density in the previous LEP has been utilised in the new zoning for high density dwellings?”  This question also remains unanswered from Public Forum questions to Council meeting in July/August.

 

We ask you to consider the current impact of density and traffic changes affecting the residents and how this impact would be multiplied if higher density dwellings were constructed in our street.

 

We ask you to consider the impact of offending resident and commuters at the cost of appeasing developers, and expectant land owners who may well have been well primed to expect a fortune and who may well leave the area and not be affected high density.

 

We ask you to stop and assess the impact from the grass roots level, before creating multiple dwellings leaving little or no open space for inhabitants, no space for children to play, increasing noise pollution and where quality of life is greatly reduced.

 

We direct this particularly to Councillor Wearne, who at the last Council meeting, submitted the rescission motion after the decision was taken NOT to introduce high density housing in this area by 9 votes to 6.  We understand that approval for high density development has been opposed in other areas of the Parramatta LGA including Epping.

 

I also note that Epping is a lush green environment to reside in, having lived there for 25 years, and I would like my children raised in an environment that’s not encroached by units 6 levels high.

 

What statement are you sending your voters – will Parramatta still be a great place to live?

 

We, the residents of Smythe Street, are concerned that a balanced and considered view is taken with regards to the future of our neighbourhood and one which will not worsen the present living conditions and compound the present adverse effects from previous decisions as detailed.”

 

RESPONSE – By Marcelo Occhiuzzi – Manager Land Use & Transport Planning

 

“Thank you Mr Skiller for your statement.

 

The width of Smythe Street to cope with higher density development has been considered in the preparation of draft planning controls for Merrylands.

 

On 24 November, a report was presented to Council on planning controls for Merrylands.  The report provides more detailed information on the road width of Smythe Street.  Smythe Street is designed to accommodate slow moving vehicles, therefore, it is recommended by Council staff that the existing road configuration be retained.  However, other options to manage traffic flow and congestion are suggested should Council deem it necessary.  These options include introducing speed humps to contain speed and help guide motorists; making Smythe Street one way; restricting parking to one side of the roadway; or widening the road.

 

In your statement you refer to correspondence from the Department of Planning stating that it opposes such development in this area.  This is not true. Correspondence from the Department of Planning was received by Council in October and December 2007.  The Department does state that land bounded by Mombri Street, Loftus Street and Merrylands Road could be downzoned to R2 Residential (dwelling houses and dual occupancies) should Council wish to “defer” this area for future consideration.  All other land zoned to allow for townhouses and/or apartment style housing was required to be retained.

 

The Department said “The Department has been quite clear in its position that there would be no downzoning within the original RDS precincts. Despite this position the draft plan was submitted with advice that there would be minor downzoning within RDS precincts.

 

The Department’s analysis of the zoning maps has identified approximately 1470 medium and high density lots that are down zoned, within RDS precincts. Consideration was given to Council’s argument that downzoning was needed to retain capacity for future high density development. It is agreed that this should be the case for a couple of street blocks very close to Merrylands Station.  However, in all other cases there is adequate low density 2(a) land in reserve, without the need to downzone existing medium density 2(b) or high density 2(c) land.  The draft plan will need to be amended to reinstate medium and high density residential zoning in and around RDS precincts before a certificate can be issued. Staff should contact the Regional Office to obtain detailed instructions for the zone boundaries of RDS precincts”.

 

This would mean that the planning controls for the area would need to be reviewed in the near future.  It should be noted that Smythe Street is presently zoned Residential 2B which permits townhouse development.

 

In the Merrylands precinct, the current LEP zones 44% of land for townhouse type housing, and 14% for apartment type housing. Option 1 zones less land (14%) for townhouse type development and more land (25%) for apartment type development. Option 2 retains the current zonings (other than land bounded by Mombri, Loftus and Merrylands Road which is downzoned).  Option 2 zones 35% for townhouse type development and 14% for apartment type housing.

 

There is a more detailed breakdown of these areas in the report to be considered by Council on 15 December 2008

 

 

 

3

SUBJECT          17 Woodville Road, Granville

REFERENCE    DA/174/2007

FROM                 Mrs Sidiropolous

10370

“Good evening honourable Lord Mayor esteemed Councillors, Ladies and Gentlemen of our community.

 

I just want to firstly make it clear that my home 15 Woodville Road and the adjoining property under review is in the jurisdiction of Elizabeth Macarthur Ward and not as Woodville Ward as some can misunderstand it to be.

 

We are back here to our astonishment, reviewing virtually the same D/A that the respected members of Council have previously reviewed carefully and had decided that this proposal was voted and refused.  The rejections raised where of significance whereby the new D/A has made little effort or alterations to satisfy these concerns nor to justify a change of opinion.  There is no suitable reason why the previous decision should be overturned.

 

Reasons for refusal:

 

1       Unacceptable noise impacts of having a motor vehicle repair shop in close proximity to residential properties.  Town planner refuses to make any changes.

 

2       Unacceptable impact on heritage items in the vicinity.  Town planner has not accepted a need to change anything.

 

3       Unsuitable impact of vehicle movements in the street and no adequate assessment has been made of existing businesses such as Premier Cabs.  The Town planner believes the movements in the street will be low and does not accept generated activity will increase in such a confined area.  No attempts have been made to approach Premier Cabs in any way.

 

4       Visual impact on rear of the adjacent property.  The Town planner has not even acknowledged this as a concern to even address it.

 

5       Unacceptable height of the proposal in the neighbourhood.  The town planner does not appreciate any problems concerned with height in the neighbourhood.

 

6       That the garbage bay is unacceptably located beside the adjacent residence.  The architect refused to move the garbage bay area.

 

7       Generation of noise to 92dBA is unacceptable.  Town planner does believe it should be accepted.  All points have not been satisfactorily addressed.

 

There has been a considerable amount of time and effort invested in this matter resulting in locating continuous errors found in the D/A proposals which has led us to have stress and doubtful that this project would result in any positive outcomes for 15 Woodville Rd and the surrounding community.  Why do we constantly find errors in the design and problems that the town planner and architect fail to detect and address suitably such serious issues?

 

The living room area and kitchen and bathroom are on the southern side and certainly will be affected by light detriment whether you want to argue natural light or ambient light.  All I know for certain if you put a 3 storey brick wall up it will cut out light, a fence 2.8 metre will cut out light, blue berry ash trees that grown 8 metres high will cut out light.  My heritage house is significant 126 yr old home built about same time as the Parramatta junction railway.  A powerful reminder of how things were.  This D/A will undermine the streetscape.  Surrounding the house with pollution, vibrations, dampness, noise, intrusion of privacy is unfair.  All building materials including the proposed fencing are all unsympathetic to the heritage building appearance.  The RI (relative level) indicated in the D/A is in error due to previous development which added soil onto our property altering the true ground level of the building.  It is evident that air vents under the side of the house are well below ground level thus raising an even higher level of the D/A to adjacent property.

 

This D/A has been described by town planners as ‘specialized nature of proposed uses’ – ‘the first of its kind’ - ‘under extra-ordinary conditions’  I refuse to subject to extra-ordinary conditions.  This proposed site for the D/A is too small for the level of activity it will generate thus causing conflict in such a confined space.

 

Please refer to the document submitted to Council dated 5th November 2008 of the 78 concerns written in point form.  All concerns summated in writing to the Council in relation to the D/A have not been reasonably addressed by the town planners or architects or have altered our concern in any way but amplified our worries and stress.

 

On page 40, the northern boundary adjacent to 15 Woodville Road and referring to page 45 the ‘northern elevation’ plan.  When overlaying the same scale images:

 

¨                  Why is the retaining wall position in different locations for both plans?

 

¨                  Why are the entire boundary lengths of the proposed development site from both plans different?

 

¨                  Why are the door, 2 car ramps and public entrance walkway at different positions in the two plans?

 

On page 43 and page 45 of the ‘northern elevation’, why is the 2nd floor length of the motor showroom different on both plans?

 

On page 46 of the ‘southern elevation, the Milton Street buildings rear profile is vertically flat.  On page 47 ‘section a’ the same part of the building is vertically flat.  On page 40, 41, 42, 43 the same part of the building indicates it is not vertically flat?

 

Going from the scaled architectural plans discrepancies it cannot be determined what the real proposal could be.”

 

RESPONSE – By Mark Leotta – Service Manager Development Assessment:-

 

“Question 1:          1.1    The retaining wall shown on the northern elevation plan (architectural plan No.a08 found in attachment 4 to the report does not accurately illustrate the location of the retaining wall on the northern boundary of the development site.  A revised plan has been submitted today from the applicant that accurately illustrates the location of the retaining wall and is consistent with the  site plan. The amended architectural plan has been circulated to Councillors earlier today.

 

                               1.2    The site is  irregular in shape and the eastern boundary to Milton Street is not parallel to the western boundary of the site to Woodville Road. The eastern boundary to Milton Street is angled approximately 5 degrees to that of the western boundary of the site to Woodville Road. The plans have been drawn to show the irregular shape of the site.

 

                               1.3    The door, car ramps and public entrance walkway on the northern side of the motor showroom are in the same location on both plans.

 

Question 2:           The difference between the plans is due to the irregular shape of the site and the resultant angle at which the elevation plan has been drawn. The plans have been drawn correctly.

 

Question 3:           The southern elevation plan shows the southern wall of the Milton Street building. The plans on pages 40, 41, 42 and 43 are site/floor plans that show the position of the building relative to the boundaries of the site. The southern elevation plan could show that part of the rear elevation of the Milton Street building that will be visible from Halsall Street; however this would add clutter to the drawings and lead to confusion.”

 

 

PETITIONS

 

 

1

SUBJECT          Support for Ermington Medical Centre

REFERENCE    DA/596/2008

FROM                 Ermington Medical Centre and others

10371

RESOLVED       (McDermott/Chedid)

 

That the petition be received and considered in conjunction with the appropriate development application.

 

Note

Councillor P Esber declared an interest as his brother in law owns the subject property and temporarily retired from the meeting during consideration and voting on this issue.

 

 

2

SUBJECT          Objection to Development Application for Dam at Oatlands Golf Course

REFERENCE    DA/953/2007

FROM                 Vineyard Creek Reserve Committee

10372

RESOLVED       (McDermott/Esber)

 

That the petition be received and considered in conjunction with Item 12.20 (Minute No. 10393 refers).

 

 

Development Applications Referred For On-Site Meetings

 

7.1

SUBJECT          List of proposed onsite Meetings.

REFERENCE    F2004/08629 - D01084538

REPORT OF      Manager Development Services

10373

RESOLVED       (Barber/Wearne)

 

(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.

 

 

City Leadership and Management

 

8.1

SUBJECT          Federal Government Regional and Local Community Infrastructure Program 2008-09

REFERENCE    F2007/01165 - D01085863

REPORT OF      Manager City Assets and Environment

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

10374

MOTION              (Bide/Wearne)

 

(a)     That Council appoint a sub committee consisting of the Lord Mayor, Councillor A Issa OAM and Councillors A A Wilson, S   Lloyd, L E Wearne and P B Barber with Councillors M McDermott      and M Lack being appointed as  alternative delegates for          Councillors Wearne and Barber respectively, who shall have      delegated authority to approve a list of projects for funding under         the Federal Government Regional and Local Community        Infrastructure Program 2008-09.

 

(b)     Further, that Council submit an application for funding under the         Federal       Government Regional and Local Infrastructure Program         Strategic Projects 2008-09 for Stage 3 of the redevelopment of         South Street, Granville.

 

AMENDMENT   (Esber/Maitra)

 

(a)   That existing standing orders be upheld and Council appoint no Councillors to the proposed sub committee that are not presently within the Chamber to accept any such nomination.

 

(b)     That Council appoint a sub committee consisting of the Lord           Mayor, Councillor A Issa OAM and Councillors P B Barber, A           Bide, M Lack and A A Wilson with Councillors P K Maitra and L E           Wearne being appointed as alternative delegates, who shall have           delegated authority to approve a list of projects for funding under    the Federal Government Regional and Local Community     Infrastructure Program 2008-09.

 

(c)        Further, that Council submit an application for funding under the             Federal      Government Regional and Local Infrastructure Program                      Strategic Projects 2008-09 for Stage 3 of the redevelopment of                              South Street, Granville.

 

The amendment was put and lost.

The motion was put and carried.

 

 

 

DEVELOPMENT APPLICATIONS TO BE ADOPTED WITHOUT DISCUSSION

 

Note

Items 12.9, 11.3 and 11.4 were brought forward and considered at this point in time in that order.

 

 

 

         10375      RESOLVED      (Wearne/Bide)

 

That Items 11.1 and 11.2 of Domestic Applications and Items 12. 8, 12.14, 12.17, 12.18 and 12.21 of Development Applications be adopted unanimously in accordance with the officer’s recommendation.

 

DIVISION     The result being:-

 

Ayes         The Deputy Lord Mayor, Councillor P J Garrard and Councillors P B Barber, A Bide, J Chedid, P Esber, M A Lack, P K Maitra, M D McDermott, L E Wearne and A A Wilson.

 

Noes               Nil

 

Note

Councillor J D Finn declared an interest in relation to Item 12.21 regarding the construction of a vertical slot fishway at the upstream weir on the Parramatta River as Councillor Finn is a member of the  Parramatta Park Regional Trust. Councillor Finn temporarily retired from the meeting during consideration and voting on Development Applications to be Adopted without Discussion.

 

 

DEVELOPMENT APPLICATIONS TO BE BROUGHT FORWARD

 

Due to the presence of interested persons in the public gallery, the following items were brought forward and considered at this point in the meeting in the following order:  12.1, 12.5, 12.6, 12.10, 12.11, 12.15, 12.19 and 12.20.

 

Reports - Domestic Applications

 

11.1

SUBJECT          343 - 345, Shop 1, Guildford Road, Guildford. (Lot 23 DP 129060 Subj to Row) (Woodville Ward)

DESCRIPTION  Use of premises as a nail artist and beauty salon. (Location Map - Attachment 1)

REFERENCE    DA/669/2008 - Submitted 16 September 2008

APPLICANT/S   Lulu Nail

OWNERS           Mr L Palivos & Mrs A Palivos

REPORT OF      Manager Development Services

 

RECOMMENDATION

 

That Council grant consent to Development Application No. 669/2008 subject to standard conditions.

 

NOTE:       This matter was adopted under Minute No 10375 – Council Matters To Be Adopted Without Discussion.

 

 

 

 

 

11.2

SUBJECT          6 Prince Street, North Parramatta. (Lot 14 DP 979533) (Arthur Phillip Ward)

DESCRIPTION  Construction of a carport and awning attached to the existing heritage listed dwelling. (Location Map - Attchment 1)

REFERENCE    DA/747/2008 - Submitted 9 October 2008

APPLICANT/S   Mr F Jimenez

OWNERS           Mr F Jimenez

REPORT OF      Manager Development Services

 

RECOMMENDATION

 

That Council grant consent to Development Application No. 747/2008 subject to standard conditions.

 

NOTE:       This matter was adopted under Minute No 10375  – Council Matters To Be Adopted Without Discussion.

 

 

 

 

 

11.3

SUBJECT          Shop 13/49-52 Beecroft Road, Epping. (Lot A DP 325036) (Lachlan Macquarie Ward)

DESCRIPTION  Change of use of Shop 13 to a natural therapy centre including therapeutic massage. (Location Map - Attachment 1)

REFERENCE    DA/626/2008 - Submitted 2 September 2008

APPLICANT/S   Mr J Zhen

OWNERS           Epping RSL Sub Branch & Community Club

REPORT OF      Manager Development Services

10376

RESOLVED       (Esber/Wearne)

 

(a)     That Council grant consent to Development Application No. 626/2008 subject to standard conditions and the following extraordinary conditions:

 

1.      A waste management plan shall be submitted to the PCA prior to any works/fitout commencing onsite.

Reason:     To ensure appropriate waste disposal.

 

2.      The premises shall not, at any time, be used for the purpose of prostitution or any other sexual or sex-related activity.

Reason:     To ensure that the premises are not as used as a brothel.

 

3.      The conduct of any skin penetration techniques, including acupuncture, on clients may only be done where the premises comply with the requirements of the Public Health Act, Regulations and associated guidelines. Notification of any such activity must be given to the Council prior to any commencement of that procedure.

Reason: To ensure the activities comply with the legislative requirements.

 

4.      The days and hours of operation are restricted to:

Monday                        9:30am      to      7:30pm

Tuesday                       9:30am      to      7:30pm

Wednesday                 9:30am      to      7:30pm

Thursday                      9:30am      to      7:30pm

Friday                           9:30am      to      7:30pm

Saturday                       9:30am      to      7:30pm

Sunday                         10:00am    to      6:00pm

 

Any alterations to the above will require further development approval.

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

 

5.      The number of persons employed on the premises is not to exceed one employee at any time.

Reason:     To ensure compliance with this consent

 

6.      The shop front glazing to remain clear and unobstructed.

Reason: To protect the amenity of the area.

 

DIVISION     The result being:-

 

       

Ayes               The Deputy Lord Mayor, Councillor P J Garrard and Councillors P B Barber, A Bide, J Chedid, P Esber, J D Finn, M A Lack, P K Maitra, M D McDermott, L E Wearne and A A Wilson.

 

Noes               Nil

 

 

 

 

 

11.4

SUBJECT          206 Kissing Point Road, Dundas. (Lot 1 DP 223756) (Lachlan Macquarie Ward)

DESCRIPTION  Alterations and addiitons to an existing dwelling. (Location Map - Attachment 1)

REFERENCE    DA/662/2008 - Submitted 12 September 2008

APPLICANT/S   Adcorp Constructions

OWNERS           Mr M D McDermott and Mrs E A McDermott

REPORT OF      Manager Development Services

10377

RESOLVED       (Esber/Chedid)

 

That Council grant consent to Development Application No. 662/2008 subject to standard conditions and the following extraordinary condition:

 

i)          Notwithstanding the detail shown in the approved plans, the structure to be erected over the rear deck is to be a new pergola with polycarbonate sheeting over. Gutters are to be provided to this roofing, which are to be connected to the existing stormwater system.

Reason:          To clarify the extent of the approved works.

 

 

DIVISION     The result being:-

 

Ayes               The Deputy Lord Mayor, Councillor P J Garrard and Councillors P B Barber, A Bide, J Chedid, P Esber, J D Finn, M A Lack, P K Maitra, L E Wearne and A A Wilson.

 

Noes             Nil.                                                                                                                                                                                                                                     

 

Note                                                                                                                                                                                                                                                         Nil                                                                                                                                 Note

Councillor M McDermott declared a pecuniary interest                             interest in relation to to this matter as he part owns the subject property and he temporarily left the meeting during consideration and voting on this issue.

 

 

Reports - Development Applications

 

12.1

SUBJECT          Section 82A Review DA/640/2006 292 Railway Terrace Guildford. Lot 16D DP 404160 (Woodville Ward)

DESCRIPTION  Construction of a 3 storey residential flat building containing 6 units above a basement car park.

REFERENCE    DA/640/2006 - Submitted 22 September 2008

APPLICANT/S   Rudder, Littlemore and Rudder Pty Ltd

OWNERS           J.P Benson Pty Ltd

REPORT OF      Manager Development Services

10378

RESOLVED       (Bide/Barber)

 

(a)     That Council uphold its refusal of Development Application No. 640/2006 and refuse to grant its consent for the construction of a 3 storey residential flat building containing 6 units above a basement car park for the following reasons:

 

1.      The development is inconsistent with objective (a) of the Residential 2(c) zone because the proposal is an over-development of the site and will compromise the amenity of the residential area due to the excessive bulk of the building, lack of adequate landscaped area, projection above natural ground level, lack of adequate car parking, and negative impact on the privacy of the adjoining dwelling to the north of the site.

 

2.      That the proposal does not comply with Clause 40 (Floorspace ratio for development) of Parramatta LEP 2001 and that no SEPP 1 objection has been submitted addressing the non-compliance.

 

3.      That the projection of the basement car park above the natural ground level does not satisfy the requirements of Part 4.1.10 and Part 4.5.1 of Parramatta DCP 2005.

 

4.      That insufficient information has been submitted with the development application in relation to the economic and orderly use of land as a result of development on a site with a frontage that does not comply with the 24 metres minimum required by Part 3.1, and the Design Principles in Part 4.1.11, of Parramatta DCP 2005.

 

5.      That the proposal fails to comply with or address the minimum deep soil and landscaped area requirements of Part 4.1.10 of Parramatta DCP 2005.

 

6.      The proposed development fails to satisfy the minimum 4.5m side setback requirement of Part 3.1 ‘Preliminary Building Envelope’ of Parramatta DCP 2005.

 

7.      The proposed development fails to satisfy the minimum parking and storage space      requirements of Part 4.5.1 ‘Parking and Vehicular Access of Parramatta DCP 2005.

 

8.      The proposed development fails to satisfy the requirements of Part 4.3.2 ‘Visual and Acoustic Privacy’ of Parramatta DCP 2005 due to the likely privacy impact of the elevated communal walkway on the northern side of the development.

 

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

 

 

DIVISION     The result being:-

 

        

Ayes               The Deputy Lord Mayor, Councillor P J Garrard and Councillors P B Barber, A Bide, J Chedid, P Esber, J D Finn, M A Lack, P K Maitra, M D McDermott, L E Wearne and A A Wilson.

 

Noes               Nil

 

 

 

 

 

12.2

SUBJECT          10-12 Russell Street, Granville (Lot 1 in DP 900091, Lot 1 in DP 900091 and Lots 1 & 2 in DP 127379) (Woodville Ward)

DESCRIPTION  Change of use from 2 dwelling houses to 2 boarding houses.

REFERENCE    DA/443/2008 - DA lodged 19 June 2008

APPLICANT/S   Mr R Shrestha

OWNERS           Peter Sleiman Investments Pty Ltd

REPORT OF      Manager Development Services

10379

RESOLVED       (Finn/Chedid)

 

(a)       That Council grant consent to DA/87/2008 for the use of two terrace houses for the purposes of 2 boarding houses containing a total of 9 bedrooms (including 2 bedrooms in the caretaker’s unit) at Nos. 10-12 Russell Street, Granville, subject to standard and the following extraordinary conditions:

 

1.         The boarding houses shall be limited to a maximum occupancy of 10 (exclusive of staff), being a maximum of 1 person per room, except the larger rooms at first floor level and the bedroom of No.12 Russell Street closest to the street where the maximum occupancy is 2.

Reason: To control the intensity of the development.

            

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

Reason: To protect neighbour amenity.

 

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

Reason: To ensure proper management of the premises.

 

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

Reason: To ensure proper management of the premises.

 

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

Reason: Legislative requirement.

 

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

Reason: To ensure proper management of the premises.

 

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

Reason: To ensure that appropriate records are kept.

 

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

Reason: To ensure that appropriate records are kept.

 

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

Reason: To ensure tenant amenity.

 

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

 

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

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

 

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

Reason: Fire safety.

 

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

Reason: To ensure proper management of the premises.

 

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

Reason: Fire safety.

 

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

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

 

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

Reason: To ensure suitable amenity for occupants.

 

17.      All lighting on the site shall be designed to ensure no adverse impact on the amenity of surrounding residential development by light overspill. Lighting shall comply with Australian Standard 4282-1997: Control of the Intrusive Effects of Outdoor Lighting.

Reason: To protect the amenity of surrounding residents.

 

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

 

-      minimisation of anti-social behaviour;

-      site security;

-      noise management;

-      lighting;

-      fire safety;

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

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

 

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

 

·       a large refrigerator;

·       a regular and a microwave oven;

·       dishwashing facilities;

·       waste disposal;

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

·       food storage space;

·       a bench top for food preparation.

 

Reason: To protect the amenity of boarding house                     residents. 

 

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

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

 

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

Reason: To ensure suitable amenity for occupants.

 

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

Reason: To ensure appropriate management of the premises.

 

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

 

·       Wardrobe;

·       Mirror;

·       Table & Chair;

·       Small bar fridge;

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

·       Coffee and tea making facilities;

·       Waste container;

·       An approved latching device on the door;

·       Curtains, blinds or similar privacy device;

 

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

Reason: To provide suitable amenity for occupants.

 

24.      The premises shall comply with fire safety regulations pertinent to a Class 1b building, being a boarding house with less than 13 occupants.

Reason: To comply with the BCA.

 

25.      In relation to each of the two laundries, the following are to be provided:

 

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

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

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

 

Reason: For the amenity of occupants.

 

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

Reason: To ensure adequate waste removal.

 

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

Reason: To maintain the amenity of the area.

 

28.      The premises is not to be used as a brothel.

Reason: To ensure compliance with this consent.

 

29.       Smoke alarms must comply with AS3786 and be hard-wired or powered by a non-removable battery with a minimum life expectancy of 10 years that is connected to the smoke alarm.

                        Reason: To comply with legislative requirements.

 

30.       A fire safety schedule shall be submitted to the Principle Certifying Authority, prior to issue of an occupation certificate, addressing the following criteria:

 

-   automatic fire suppression systems;

-   fire hose reels;

-   fire hydrants;

-   smoke detection and alarm systems;

-   fire doors;

-   fire extinguishers;

-   solid-core doors;

-   smoke exhaust systems;

-   exit signs;

-   fire drenchers;

-   emergency lighting; and

-   exit systems and paths of travel to exits

                       

Reason: To ensure that fire safety issues relevant to a Class 1b building are suitably addressed prior to the use commencing and to comply with legislative requirements of the Environmental Planning & Assessment Act 1979 an Environmental Planning and Assessment Regulation 2000.

 

31.       All fire safety measures shall be undertaken in accordance with the requirements of the Building Code of Australia. Should this involve works affecting the fabric of the building, further approval of Council is required.

                        Reason: To ensure that the premises and occupants is                         adequately protected against the spread of fire.

 

32.       All new fire safety measures identified in the fire safety schedule shall be maintained in working condition at all times.

Reason: Protection of life and to comply with legislative requirements.

 

DIVISION     The result being:-

 

Ayes               The Deputy Lord Mayor, Councillor P J Garrard and Councillors P B Barber, A Bide, J Chedid, P Esber, J D Finn, M A Lack, P K Maitra, M D McDermott, L E Wearne and A A Wilson.

 

Noes               Nil

 

 

 

 

 

12.3

SUBJECT          44-46 Weston Street and 101B Alfred Street, Rosehill. (Lots 1-3 DP 1093536) (Elizabeth Macarthur Ward)

DESCRIPTION  Section 96(1a) modification to an approved 75 place childcare centre including changes to the internal layout and external facade. (Location Map - Attachment 2)

REFERENCE    DA/432/2006/A - Submitted 2 July 2008

APPLICANT/S   JPM Developments

OWNERS           J P & M Developments Pty Limited

REPORT OF      Manager Development Services

10380

RESOLVED       (Chedid/Bide)

 

(a)     That Council modify Development Consent No. 432/2006 in the following manner:

 

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

 

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

Drawing No

Dated

S96-01 Ground Floor Plan for 44 Weston Street, Harris Park – Issue A

2 June 2008

 

 

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

 

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

 

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

 

2.      Condition No. 47 is modified to read as follows:

 

The premises shall provide child care services for a minimum of 25 children aged between 0 and 3 years old and a maximum number of 28 children aged between 0 and 3 years old, and a maximum number of 50 children aged between 3 and 5 years old. The number of children on the premises is not to exceed 75 children at any one time. Any alterations to the above will require further development approval.

Reason:    To ensure the number of children are not exceeded.

 

DIVISION     The result being:-

 

       

Ayes               The Deputy Lord Mayor, Councillor P J Garrard and Councillors P B Barber, A Bide, J Chedid, P Esber, J D Finn, M A Lack, P K Maitra, M D McDermott, L E Wearne and A A Wilson.

 

Noes               Nil

 

 

 

 

12.4

SUBJECT          467-469 Church Street, Parramatta. (Lot 7 & 8 DP 834791) (Arthur Phillip Ward).

DESCRIPTION  Section 96 (AA) modification to a Land & Environment Court approved development comprising of alterations and additions to 2 existing dwellings (including the heritage listed Norfolk House), demolition and construction of a 3 storey residential flat building. Development Application No. 1212/2004/A seeks approval to modify the heritage listed Norfolk House to include minor internal alterations to provide additional bathrooms, reduction of the rear awning from 2 storey height to single storey height and provision of balustrades to rear windows.

REFERENCE    DA/1212/2004/A - Submitted 12 August 2008

APPLICANT/S   Dr N G Malouf

OWNERS           Dr N G Malouf and Dr G M Malouf

REPORT OF      Manager Development Services

10381

RESOLVED       (Chedid/Bide)

 

(a)       That Council modify Development Consent No. 1212/2004 in the following manner:

 

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Drawing No

Dated

Site Plan (Drawing No. 0403.06/S9601) for 467 Church Street, North Parramatta

Revision A

4 August 2008

Ground Floor Plan (Drawing No. 0403.06/S9602) for 467 Church Street, North Parramatta

Revision A

4 August 2008

First Floor Plan (Drawing No. 0403.06/S9603) for 467 Church Street, North Parramatta

Revision A

4 August 2008

Roof Plan (Drawing No. 0403.06/S9604) for 467 Church Street, North Parramatta

Revision A

4 August 2008

East & West Elevation Plan (Drawing No. 0403.06/S605) for 467 Church Street, North Parramatta

Revision A

4 August 2008

North & South Elevation Plan (Drawing No. 0403.06/S9606) for 467 Church Street, North Parramatta

Revision A

4 August 2008

Section Plan (Drawing No. 0403.06/S9607) for 467 Church Street, North Parramatta

Revision A

4 August 2008

 

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

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

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

 

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

 

DIVISION     The result being:-

 

       

Ayes               The Deputy Lord Mayor, Councillor P J Garrard and Councillors A Bide, J Chedid, P Esber, J D Finn, M A Lack, P K Maitra, M D McDermott, L E Wearne and A A Wilson.

 

Noes               Nil

 

 

Note

Councillor P B Barber declared a non pecuniary interest as the applicants are known to him and he temporarily retired from the meeting during consideration and voting on this issue.

 

 

 

12.5

SUBJECT          Section 82A Review DA174/2007 17-21 Woodville Road and 2-4 Milton Street Granville. (Lot 100 DP 1013005) (Elizabeth Macarthur Ward)

DESCRIPTION  Demolition and construction of a 3 storey commercial building containing a motor showroom over 2 levels of basement parking and a 3 storey commerical building containing a mechanical workshop, auto retail store, cafe and two levels of commercial suites over one level of basement parking.

REFERENCE    DA/174/2007 - Submitted 7 October 2008

APPLICANT/S   Loui Nicholas

OWNERS           Loui Nicholas - Winpeg Pty Ltd

REPORT OF      Manager Development Services. Also Service Manager Development Assessment Services Memorandum dated 8 December 2008.

10382

RESOLVED       (Finn/Wearne)

 

That Council uphold its previous refusal of this matter for the following reasons:-

 

1.      Unacceptable noise impacts of having a motor vehicle repair shop in close proximity to residential properties.

 

2.      Unacceptable impact on heritage items in the vicinity.

 

3.      Unacceptable impact of vehicle movements into the street and that no adequate assessment has been made of existing businesses such as Premier Cabs.

 

4.      Visual impact on rear of adjacent property.

 

5.      Unacceptable height of the proposal in the neighbourhood.

 

6.      That the garbage bay is unacceptably located beside the adjacent residence.

 

7.      Generation of noise to 92dBA level is unacceptable.

 

DIVISION     The result being:-

 

       

Ayes               Councillors P B Barber, A Bide, J Chedid, P Esber, J D Finn, M A Lack, P K Maitra, M D McDermott, L E Wearne and A A Wilson.

 

Noes               The Deputy Lord Mayor, Councillor P J Garrard.

 

 

 

 

 

12.6

SUBJECT          110 Harris Street, Harris Park. (Lot 60 DP 735064) (Elizabeth Macarthur Ward)

DESCRIPTION  Fit-out and use of an existing heritage item as a non-licensed restaurant. (Location Map - Attachment 1)

REFERENCE    DA/311/2008 - Submitted: 2 May 2008

APPLICANT/S   Mr P Melchiorsen

OWNERS           Tenaco Pty Limited

REPORT OF      Manager Development Services

10383

RESOLVED       (Finn/Esber)

 

(a)     That Council grant consent to Development Application No. 311/2008 subject to standard conditions as well as the following extraordinary conditions:

 

(i)      The days and hours of operation are restricted to Monday to Thursday, 10:00am to 10:00pm, Friday and Saturday 10.00am to 12 midnight. No trading on Sundays. Any alterations to the above will require further development approval.

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

 

(ii)     No waste is to be disposed into the external waste bins after 9.30pm.

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

 

(iii)    All deliveries to the premises shall take place between the hours of 9:00am and 5:00pm and shall take place within the designated loading and unloading area located at the laneway to the rear of the premises.

Reason:    To protect the amenity of the area.

 

(iv)    All tables, chairs and other materials shall be from the same family kept within the allotment boundaries at all times.

Reason:    To provide a consistent appearance and protect the amenity of the area.

 

(v)     No entertainment or music is permitted within the premises or within the outdoor dining area.

Reason:    To ensure compliance with Council’s Policy.

 

(vi)    The total number of seats shall not exceed 68 seats.  Any increase in proposed seating shall be the subject of a further Development Application to the Council.

Reason:    To ensure the development does not expand beyond that approved.

 

(b)          That objectors be advised of Councils decision.

 

(c)    Further, that a report be provided in 6 months time on the operation of the restaurant.

 

DIVISION     The result being:-

 

       

Ayes               The Deputy Lord Mayor, Councillor P J Garrard and

                        Councillors A Bide, P Esber, J D Finn, P K Maitra, M D McDermott and L E Wearne.

 

Noes               Councillors P B Barber, J Chedid, M Lack and A Wilson.

 

 

 

 

 

12.7

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

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

REFERENCE    DA/255/2008 - lodged 17 April, 2008

APPLICANT/S   Mark Makhoul

OWNERS           Tony & Eleanora Boyagi

REPORT OF      Manager Development Services

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

10384

MOTION   (Wilson/Wearne)

 

That the application be refused for the following reasons:-

1.                  The proposal is a commercial use in a residential area.

2.                  The proposal is out of  character with the surrounds.

3.                  Council is currently preparing a Boarding House policy and this application should be assessed in accordance with that policy.

4.                  The proposal provides insufficient parking.

5.                  The proposal has inadequate access.

6.                  No on-site manager is included with the proposal which is imperative with a development of this size.

7.                  The laundry facilities are inadequate;

8.                  The proposal is not in the public interest.

 

FORESHADOWED

MOTION    (Bide/Esber)

 

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

 

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

Reason: To control the intensity of the development.

 

 

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

Reason: To protect neighbour amenity.

 

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

Reason: To ensure proper management of the premises.

 

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

Reason: To ensure proper management of the premises.

 

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

Reason: Legislative requirement.

 

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

Reason: To ensure proper management of the premises.

 

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

Reason: To ensure that appropriate records are kept.

 

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

Reason: To ensure that appropriate records are kept.

 

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

Reason: To ensure tenant amenity.

 

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

 

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

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

 

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

Reason: Fire safety.

 

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

Reason: To ensure proper management of the premises.

 

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

Reason: Fire safety.

 

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

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

 

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

Reason: Safety reasons.

 

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

Reason: To ensure suitable amenity for occupants.

 

18.  All lighting on the site shall be designed to ensure no adverse impact on the amenity of surrounding residential development by light overspill. Lighting shall comply with Australian Standard 4282-1997: Control of the Intrusive Effects of Outdoor Lighting.

Reason: To protect the amenity of surrounding residents.

 

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

 

-        minimisation of anti-social behaviour;

-        site security;

-        noise management;

-        lighting;

-        fire safety;

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

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

 

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

 

·       a large refrigerator;

·       a regular and a microwave oven;

·       dishwashing facilities;

·       waste disposal;

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

·       food storage space;

·       a bench top for food preparation.

Reason:     To protect the amenity of boarding house residents. 

 

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

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

 

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

Reason: To ensure suitable amenity for occupants.

 

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

 

·       Wardrobe;

·       Mirror;

·       Table & Chair;

·       Small bar fridge;

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

·       Coffee and tea making facilities;

·       Waste container;

·       An approved latching device on the door;

·       Curtains, blinds or similar privacy device;

 

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

Reason: To provide suitable amenity for occupants.

 

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

Reason: To comply with the BCA.

 

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

 

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

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

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

Reason: For the amenity of occupants.

 

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

Reason: To ensure adequate waste removal.

 

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

Reason: To maintain the amenity of the area.

 

28.  That the sliding door adjacent to the western courtyard be deleted and replaced with windows of similar proportions to those depicted on the northern elevation.

Reason: To reduce activity in this area.

 

29.  That the proposed patio (courtyard) on the western side of the boarding house be deleted and replaced with landscaping. The landscaping shall be of a similar type and design as that already depicted along the western boundary of the site.

Reason: To reduce activity in this location.

 

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

 

 

The motion was put and carried (and accordingly the foreshadowed motion was not put to the vote.)

 

DIVISION     The result being:-

 

Ayes               Councillors P B Barber, J Chedid, J D Finn, M A Lack, M D McDermott, L E Wearne and A A Wilson.

 

Noes               Councillors A Bide, P Esber, P J Garrard and P K Maitra.

 

 

 

 

 

12.8

SUBJECT          317 Church Street, Parramatta (Arthur Phillip Ward) (Lot 1 in DP 87514)

DESCRIPTION  Section 96(2) modification to approved alterations and additions of a restaurant. The modifications include changes to doors, windows and the awning.

REFERENCE    DA/342/2006/B - lodged 8 August 2008

APPLICANT/S   Mr P Sande

OWNERS           Durnink Pty Ltd

REPORT OF      Manager Development Services

 

RECOMMENDATION

 

(a)     That Council grant its consent to the following modifications to DA/342/2006:

 

-    window and door modifications; and

-    increasing the clearance of the approved awning to 3 metres.

 

(b)     Further, that Council refuse the following component of the application:

 

-    The increased awning size

 

The following condition is added to the consent:

 

(23)   The awning to the southern elevation of the building shall not be increased in size.

Reason: To protect the heritage integrity of the building and the adjoining heritage item to the south.

 

NOTE:       This matter was adopted under Minute No 10375 – Council Matters To Be Adopted Without Discussion.

 

 

 

 

 

12.9

SUBJECT          6 Boundary Street, Parramatta (Lot 45 in DP 868115) (Arthur Phillip Ward)

DESCRIPTION  Alterations and additions to an existing boarding house.

REFERENCE    DA/547/2008 - lodged 4 August 2008

APPLICANT/S   Mr J Tanna

OWNERS           R, J, J & G Tanna

REPORT OF      Manager Development Services

10385

RESOLVED       (Esber/Chedid)

 

(a)     That Council grant its consent to DA/547/2008 for internal alterations and additions to the boarding house at 6 Boundary Street, Parramatta, subject to standard and the following extraordinary conditions:

 

1.    The new rooms shall each be subject to a maximum occupancy of 1 person only.

Reason: To control the intensity of the development.

 

2.    The split rooms (Rooms 1 and 2 and Rooms 3 and 4) are to be used in association with the boarding house and not for tourist accommodation. In this regard, the premises shall be the occupant’s principle place of residence.

Reason: To ensure that the use of the rooms is consistent with the use of the premises as a boarding house.

 

3.    The works shall not displace any person residing upon the premises. In this regard, works to the bedrooms shall only take place when the affected rooms are vacant or where alternative accommodation is found within the property for residents.

Reason: To ensure that no persons are displaced.

 

DIVISION     The result being:-

 

Ayes               The Deputy Lord Mayor, Councillor P J Garrard and Councillors P B Barber, A Bide, J Chedid, P Esber, J D Finn, M A Lack, P K Maitra, M D McDermott, L E Wearne and A A Wilson.

 

Noes               Nil

 

 

 

 

12.10

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

DESCRIPTION  Further Report - Demoltion 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

10386

RESOLVED       (Chedid/Bide)

 

(a)     That the application be refused for the following reasons:-

 

          1.      The current proposal does not fit into the streetscape of                        surrounding properties in Wyuna Place;

          2.      The bulk and scale of the development is out of character                     with the surrounding area.

          3.      The proposal results in excessive overshadowing;

          4.      The proposal results in excessive traffic problems;

          5.      The entry into and exit from the property is a safety issue as        there is not the ability to enter and exit in a forward                                 direction;

          6.      This is the first dual occupancy in the street, which is a cul de               sac;

          7.      The proposal does not conform to the style, bulk and scale of                surrounding developments.

 

(b)             Further, that Wyuna Place, being a cul de sac, be considered as part of Council’s LEP as a special character area where single dwellings only can be developed.

 

DIVISION     The result being:-

 

Ayes               The Deputy Lord Mayor, Councillor P J Garrard and Councillors P B Barber, A Bide, J Chedid, P Esber, J D Finn, P K Maitra, M D McDermott, L E Wearne and A A Wilson.

 

Noes               Councillor M A Lack.

 

 

 

 

 

 

 

 

12.11

SUBJECT          25 Carson Street, Epping. (Lot 11 DP 31179) (Lachlan Macquarie Ward)

DESCRIPTION  Section 96(2) Modification to an approved multi-unti development containing 3 townhouses. (Location Map - Attachment 1)

REFERENCE    DA/994/2003/B - Submitted: 3 July 2008

APPLICANT/S   Mr P A Sutton

OWNERS           Mr R P Khozoei and Mr F Ostad

REPORT OF      Manager Development Services

10387

RESOLVED       (Wearne/Wilson)

 

That consideration of this matter be deferred to the Council Meeting to be held on 15 December 2008 pending further advice on the electricity easement located at the rear of the site.

 

 

DIVISION     The result being:-

 

Ayes               The Deputy Lord Mayor, Councillor P J Garrard and Councillors P B Barber, A Bide, J Chedid, P Esber, J D Finn, M A Lack, P K Maitra, M D McDermott, L E Wearne and A A Wilson.

 

Noes               Nil

 

 

 

 

12.12

SUBJECT          96 Pennant Hills Road, Oatlands. (Lot 1001 DP 718083) (Elizabeth Macarthur Ward)

DESCRIPTION  Alterations and additions to the Heritage listed War Memorial Building. (Location Map - Attachment 1)

REFERENCE    DA/913/2007 - Submitted: 29 October 2007

APPLICANT/S   Paul Davies Pty Ltd

OWNERS           The Uniting Church Property Trust

REPORT OF      Manager Development Services

10388

RESOLVED       (Bide/Chedid)

 

(a)       That Council grant consent to Development Application No. 913/2007 subject to standard conditions as well as the following extraordinary conditions:

 

(i)      34 off-street parking spaces (including 1 disabled parking space) plus 1 loading bay to be provided, permanently marked on the pavement and used accordingly.  The dimensions for staff and customer parking spaces and aisle width to be in accordance with AS 2890.1-2004 (2.4m wide x 5.4m long clear of columns plus 300mm clearance adjacent walls & 6.2m aisle width minimum).  The disabled parking space dimensions to be 3.8m wide x 5.5m long according to Council’s DCP 2005.  The loading bay dimensions should be in accordance with AS 2890.2-2002 for commercial vehicles.

Reason:     As per legislative requirements

 

(ii)     A combined entry & exit (6.0m wide, as shown on the DA plan, with 300mm clearance both sides between kerbs) to be provided and constructed according to AS 2890.1- 2004 and Council’s specification.

Reason:     As per legislative requirements

 

(iii)    Driveway and ramp gradients shall comply with Clause 2.5.3 and Clause 3.3 of AS2890.1-2004.

Reason:     As per legislative requirements

 

(iv)    Column locations to be in accordance with AS 2890.1-2004.

Reason:     As per legislative requirements

 

(v)     The minimum available headroom clearance is to be signposted at all entrances and clearance is to be a minimum of 2.2m (for cars and light vans including all travel paths to and from parking spaces for people with disabilities) measured to the lowest projection of the roof (fire sprinkler, lighting, sign, and ventilation), according to AS 2890.1-2004.

Reason:     As per legislative requirements

 

(vi)    A convex mirror to be installed within the ramp access (one near the entry driveway & one at the bottom of the ramp access) with its height and location adjusted to allow an exiting driver a full view of the driveway in order to see if another vehicle is coming through.

Reason:     To ensure proper traffic flow and traffic safety

 

(vii)   For footpath construction and/or restoration, if included as part of the final DA Consent Conditions, shall require a Road Occupancy Permit and Road Opening Permit. The applicant shall submit an application for a Road Occupancy Permit through Council’s Traffic & Transport    Services and a Road Opening Permit through Council’s Restoration Engineer, prior to carrying out    the construction/restoration works.

Reason:     As per legislative requirements

 

(viii)  All noise generated by the proposed development is to be attenuated to prevent levels of noise being emitted to adjacent premises which possess tonal, beating and similar characteristics or which exceeds background noise levels by more than 5dB(A).

 

(ix)    The use of the premises not giving rise to:

(a)     transmission of unacceptable vibration to any place of different occupancy,

(b)     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.

 

(x)     The proposed use of the premises and the operation of all plant and equipment shall not give rise to an 'offensive noise' as defined in the Protection of the Environment Operations Act 1997.

Reason:     To protect the amenity of the area.

 

(xi)    The days and hours of operation are restricted to Monday to Friday, 7.30am to 9.30pm, Saturday 9.30am to 5:00pm. No operation on Sundays. Any alterations to the above will require further development approval.

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

 

(xii)   A final Acoustic Report is to be submitted to the Principal Certifying Authority      prior to the Construction Certificate being issued.

 

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

 

 

DIVISION     The result being:-

 

Ayes               The Deputy Lord Mayor, Councillor P J Garrard and Councillors A Bide, J Chedid, P Esber, J D Finn, M A Lack, P K Maitra, M D McDermott, L E Wearne and A A Wilson.

 

Noes               Councillor P B Barber.

 

 

 

 

 

12.13

SUBJECT          McDonalds, 152 Woodville Road, Merrylands. (Lot 1 DP 848247) (Woodville Ward)

DESCRIPTION  Subdivision of existing site to create 3 allotments, Lot 101 will contain an existing McDonalds Restaurant, Lot 102 will be acquired by Parramatta City Council for Open Space and Lot 103 will be dedicated to Parramatta City Council for road purposes. (Location Map - Attachment 2).

REFERENCE    DA/892/2007 - Submitted 19 October 2007

APPLICANT/S   McDonald's Australia Ltd

OWNERS           McDonalds Properties (Aust) Pty Ltd

REPORT OF      Manager Development Services

10389

RESOLVED       (Bide/Chedid)

 

That Council grant consent to Development Application No. 892/2007 subject to standard conditions.

 

 

DIVISION     The result being:-

 

Ayes               The Deputy Lord Mayor, Councillor P J Garrard and Councillors A Bide, J Chedid, P Esber, J D Finn, M A Lack, P K Maitra, M D McDermott, L E Wearne and A A Wilson.

 

Noes               Councillor P B Barber.

 

 

 

 

12.14

SUBJECT          65A Wigram Street, Harris Park. Lot B in DP 348320. (Arthur Phillip Ward)

DESCRIPTION  Alterations and additions to an existing heritage listed  building and use as a non-licensed restaurant. (Location Map - Attachment 1)

REFERENCE    DA/544/2008 - Submitted 1 August 2008

APPLICANT/S   G & A Unit Trust

OWNERS           Mr F P Melhem

REPORT OF      Manager Development Services

 

RECOMMENDATION

 

(a)       That Council grant consent to Development Application No.544/2008 subject to standard conditions as well as the following extraordinary conditions:

 

1.    The signage on the subject site is restricted in the following manners:

 

(a)       The proposed two signs, one located on the front gable (2m x 0.6m) and the other located at the right angle to the front wall adjacent to the corner, not be permitted.

(b)       Only one post/pole sign is permitted within the front garden adjacent to the front gates.

(c)        The sign and pole(s) are to be visually compatible with other approved signs within the Harris Park West Conservation Area.

(d)       The permitted sign under (b) is to have a maximum area of 0.75m2 and is to be placed so that the top of the sign is no higher than 2m above the existing ground level.

(e)       The permitted sign under (b) is not to be illuminated in any form and is not to contain third party advertising.

Reason:          To preserve the heritage significance of the heritage item and the Harris Park West Conservation Area.

 

2.    The following components/elements of the original building are to be retained:

 

(a)       nibs of at least 200mm on all sides of the wall corners of all internal walls proposed to be removed,

(b)       all the existing historic ceilings,

(c)        all the upper portion (overhead) of the walls including at least 300mm from the ceilings.

Reason:          To preserve the heritage significance of the heritage item and the Harris Park West Conservation Area.

 

3.         To minimise the acoustic impacts of the development on adjacent properties, the following measures are to take place:

(a)       No amplified music is to be played at any time when the fold-back doors on the northern side of the restaurant are open.

(b)       No outside dinning in any area of the property is to be permitted. In this regard the proposed seating at the front verandah is to be deleted.

(c)        The windows on the Wigram Street elevation are to remain closed when the restaurant is in operation and are to be fitted with another sheet of 6.38mm laminated glass behind the existing glass. The existing window frames are to be protected.

(d)       Refrigeration compressors must be located in a mechanically ventilated acoustic enclosure with an Rw of 40 within the ceiling cavity in accordance with the Noise Assessment Report, prepared by RSA Acoustics Consultants and numbered Report No.3606B.

(e)       The kitchen exhaust fan be vented above roof level and fitted with a pod silencer.

Reason:          To preserve the amenity of the area.

 

4.         Signs must be placed in clearly visible positions within the premises requesting patrons upon leaving the premises to do so quickly and quietly, having regard to maintaining the amenity of the area. The management staff must ensure that the behaviour of patrons entering and leaving the premises does not detrimentally affect the amenity of the neighbourhood. In this regard, the management must be responsible for the control of noise and litter generated by patrons of the premises and must ensure that patrons leave the vicinity of the premises in an orderly manner to the satisfaction of Council. If so directed by Council, the management/licensee is to employ private security staff to ensure that this condition is complied with.

Reason:         To prevent loss of amenity to the area.

 

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

 

 

NOTE:       This matter was adopted under Minute No 10375 – Council Matters To Be Adopted Without Discussion.

 

 

 

 

12.15

SUBJECT          54 Binalong Road, Toongabbie. (Lot 2 DP 703749) (Caroline Chisholm Ward).

DESCRIPTION  Restoration including alterations and additions to a heritage listed dwelling for use as a 39 place child care centre. Construction of 6 X 3 bedroom townhouses contained within three single storey with loft buildings. Community title subdivision of the site. (Locality Map attachment 2)

REFERENCE    DA/80/2008 - Submitted 8 February 2008

APPLICANT/S   KSP Property Group - Peter Karvon

OWNERS           Mr G Coppolino, Mrs M Altuna and Mrs L Onton

REPORT OF      Manager Development Services 

10390

RESOLVED       (Bide/Chedid)

 

(a)     That Development Application No. 80/2008 be approved subject to standard conditions and the following extraordinary conditions:

 

1.       The proposed 1.5m high acrylic glazed fence to the perimeter of the playground within the child care centre be deleted. A 1.2m high timber picket fence with vertical palings is to be provided in lieu of the 1.5m high acrylic glazed fence.

Reason: The proposed acrylic glazed fencing is not a suitable form of fencing for the heritage item and the fencing is not required for acoustic purposes.

 

2.       The south and west facing windows of the 3-6 year old playroom shall be fixed windows that are unable to be opened. This room shall be mechanically ventilated.

Reason: To preserve the amenity of the adjoining dwelling.

 

3.      An occupation certificate or interim occupation certificate for the multi-unit housing component of the development or any part thereof shall not be issued by the Principal Certifying Authority unless and until Council is satisfied that all works identified in the Conservation Management Plan prepared by Perumal Murphy Alessi dated August 2008 in respect of the heritage item on the site have been completed and Council has stated in writing that it is so satisfied. 

Reason: To ensure that the restoration works to the heritage item are carried out.

 

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

 

DIVISION     The result being:-

 

Ayes               The Deputy Lord Mayor, Councillor P J Garrard and Councillors P B Barber, A Bide, J Chedid, P Esber, J D Finn, M A Lack, P K Maitra, M D McDermott and A A Wilson.

 

Noes               Councillor L E Wearne.

 

 

 

 

 

12.16

SUBJECT          52 Railway Street, Wentworthville (Lot 141 in DP 997970) (Caroline Chisholm Ward)

DESCRIPTION  Restoration and adaptive reuse of a heritage-listed building and construction of a 2 storey building with basement parking for combined use as a 40-place childcare centre.

REFERENCE    DA/648/2008 - DA lodged 9 September, 2008

APPLICANT/S   Sak Emporium Pty Ltd

OWNERS           Messrs J, M, C & M Papas.

REPORT OF      Manager Development Services 

10391

RESOLVED       (Chedid/Finn)

 

(a)     That Council grant consent to Development Application No. 648/2008 subject to standard conditions and the following extraordinary conditions:

 

1.      The childcare centre shall cater for a maximum of 40 children at any one time and comprise of a minimum of 10 places for 0–2 year olds and a maximum of 30 places for 3–5 year olds. The notations on the plans shall be amended to reflect these figures, the plans currently show 48 children to be in care.

Reason: To comply with the requirements of the Department of Community Services, the Childcare Centres DCP and the terms of this consent.

 

2.      The days and hours of operation of the childcare centre are restricted to Monday to Friday from 7:00am to 7:00pm respectively. The childcare centre is not to operate on public holidays or weekends. An additional 30 minutes at the start and at the conclusion of the day may be used for administrative/staff functions. After-hours events and activities associated with the use as a childcare centre shall require the further approval of Council and further acoustic assessment of the likely impacts.

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

 

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

Reason: For security purposes.

 

4.      The proposed on-street parking space shall be deleted from the plans.

Reason: The proposed on-site parking provision is considered sufficient and complies with the Childcare Centres DCP.

 

5.      In relation to the structural integrity of the existing heritage-listed building on the site, a geotechnical report shall be submitted to the Principal Certifying Authority prior to the issuing of a construction certificate demonstrating the following:

 

-        recommendations as to appropriate temporary and permanent site support and retention measures relating to the existing heritage-listed building on the site;

-        predict ground settlements in areas adjacent to excavation resulting from temporary and permanent site support and retention measures and demonstrate that settlement will have no adverse impact on the existing heritage-listed building;

-        that there will be no adverse impact on the existing heritage-listed building on the site as a result of vibration created by the method of construction used for the development. As a minimum, reports must demonstrate compliance with the requirements of AS2187.2-1993 Appendix J;

-        recommend appropriate plant, equipment and construction methods to be employed.

-        an implementation plan for the development. The implementation plan will comprise of the monitoring program, contingency plan and construction methodology in relation to the structural integrity and protection of the existing heritage-listed building on the site.

 

The report shall be prepared by a geotechnical engineer or an engineering geologist listed on the National Professional Engineers Register Level 3 (NPER-3), or a current Member or Fellow of the Australian Institute of Geoscientists and who has a minimum of five years experience as a geotechnical engineer, or engineering geologist, advising on building works & the geotechnical issues in the area.

Reason: To ensure adequate visibility and safety.

 

6.      A 1.8 metres high perimeter fence of timber material, lapped & capped, shall be constructed along the northern, southern and western boundaries.

Reason: To mitigate noise impacts in accordance with the recommendations of the acoustic report.

 

7.      The first floor office space shall only be used in connection with the approved childcare centre.

Reason: To comply with the terms of this consent.

 

          8.      That in the event of a collapse or damage being occasioned           to the heritage structure, the applicant will make good                       completely all repairs retaining, re-using and repairing the                         existing fabric, including the timber awning over the footpath,                     the facebrick exterior, fenestration, and internal finishes to                         the satisfaction of Council’s Heritage Advisor and no                                  occupation certificate will be issued until such works are                            completed.

 

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

 

DIVISION     The result being:-

 

Ayes               The Deputy Lord Mayor, Councillor P J Garrard and Councillors P B Barber, A Bide, J Chedid, P Esber, J D Finn, M A Lack, P K Maitra, M D McDermott, L E Wearne and A A Wilson.

 

Noes               Nil.

 

 

 

 

12.17

SUBJECT          171 Victoria Road Rydalmere (University of Western Sydney). (Lots 100 and 101 DP 816829, Lot 1 DP 836958) (Elizabeth Macarthur Ward).

DESCRIPTION  Alterations and additions to the UWS Library including the provision of additional floor space within the undercroft area of the Library Building. (Location Map- Attachment 2)

REFERENCE    DA/779/2008 - Submitted 17 October 2008

APPLICANT/S   Mr T Gofers

OWNERS           Dept of Sustainable Natural Resources

REPORT OF      Manager Development Services 

 

RECOMMENDATION

 

That Council grant consent to Development Application 779/2008 subject to standard conditions once concurrence from the applicant has been received for the imposed conditions.

 

NOTE:       This matter was adopted under Minute No 10375 – Council Matters To Be Adopted Without Discussion.

 

 

 

 

12.18

SUBJECT          353D Church Street, Parramatta - Prince Alfred Park (Lot 1 DP 724837) (Pk 15) (Arthur Phillip Ward)

DESCRIPTION  New Years Eve event in Prince Alfred Park for three years (2008 to 2010) (Locality Map - Attachment 1)

REFERENCE    DA/684/2008 - 19 September 2008

APPLICANT/S   Parramatta City Council - Civic Events Team

OWNERS           Parramatta City Council

REPORT OF      Manager Development Services 

 

RECOMMENDATION

 

That Development Application No. 684/2008 be approved subject to standard conditions and the following extraordinary conditions:

 

1.         The applicant shall bear the cost of all restoration works to Prince Alfred Park necessary due to damage caused during the event, its setup or is dismantling, including revegetation of damaged areas of landscaping. The applicant shall advise Council, in writing, of any existing damage to Prince Alfred Park before commencement of the event.

Reason:          To ensure that any damage to the park is restored.

 

2.         Access for people with disabilities within Prince Alfred Park is to be maintained throughout the event and care is to be taken in the location and erection of the temporary structures and barricades to ensure current accessible paths are not blocked.

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

 

3.         Temporary toilets are to be provided prior to the commencement of the event. If a permanent accessible toilet does not exist on the site, a temporary accessible toilet is to be provided for use during the event.

Reason:          To ensure an appropriate provision of toilet facilities for the event.

 

4.         No streets are to be closed and the use of on-street parking spaces is not to be restricted during the event.

Reason:          To ensure an appropriate level of access is maintained to the site.

 

5.         Amusement rides for the event are to be limited to those targeted at small children (such as jumping castles and small children’s rides) and no rides targeted at teenagers or adults are to be provided.

Reason:          To ensure an appropriate level of amenity to surrounding properties.

 

Prior to the Event Occurring


 

6.         The event organiser directly notifying relevant bus companies, tourist bus operators and taxi companies operating in the area and all the residences and businesses affected by the proposed road closures for/ the event at least two weeks prior to the event; The applicant undertaking a letter drop to all affected residents and businesses in the proximity to the event, with that letter advising full details of the event; a copy of the correspondence be submitted to Council.

Reason:          To minimise the impact of the event upon the access through the area.

 

7.         The event organiser assessing the risk and addressing the suitability of the entire route as part of the risk assessment, considering the possible risks for all participants that may travel on winding, narrow, uneven gravel roads with steep roadside embankments and sharp bends; This assessment should be carried out by visual inspection of the route/site by the event organiser prior to the event.

Reason:          To ensure the safety of the detour route.

 

During Construction or Works:

 

8.         Any damage to Council assests that impact on public safety, that occurs during the erection/dismantiling of the temporary structures, is to be rectified immediately by the applicant. Care is to be taken in the location of structures to ensure no damage occurs to infrastructure, landscaping of structures within the park.

Reason:         To protect public safety.

 

9.         All works for the erection of temporary structures may only be carried out between the hours of 7.00 am to 7.00 pm on 31 December 2008.  All works for the removal of temporary structures may only be carried out between the hours of 9.00 pm to 11.00 pm on 31 December or between the hours of 8.00am to 6.00pm on 1 January. All temporary structures and equipment must be removed from the park by 6.00pm on 1 January.

Reason:         To protect the amenity of the area.

 

Use of the Site:

 

Hours of Event

 

10.       The event is to occur only between the hours of 6.30pm and 9.30pm on 31 December.

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

 

11.       This consent applies to New Years Eve celebrations in the years 2008 to 2010, inclusive, only.

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

 

12.       A minimum of eight (8) security staff are to be on the site at all times between the hours of 6.30pm and 10.00pm on 31 December 2007. The security staff are to ensure that patrons displaying inappropriate behaviour are required to leave the site to ensure the safety and enjoyment of other patrons. At the end of the event, security staff are to ensure patrons leave the site in an orderly manner and in a timely fashion.

Reason:         To minimise the impact on the amenity of the area and ensure the safety of the event.

 

13.       The operation of any food business activity in association with the event is to be in accordance with the food safety standards adopted under the NSW Food Act. In complying with the above, the event organiser and all food businesses intending to operate as part of this event shall refer to the NSW Food Authority’s publication “Food handling guidelines for temporary events” (Version 1/06) prior to the setting up of any food stall or placement of any vehicle used to prepare or display food for sale. Any departures from this guide are to be directly negotiated with Council’s nominated Environmental Health Officer and a statement of clearance issued by Council prior to the commencement of the event.

 

All food businesses and the event organiser shall undertake prior notification of the event and their business activity to the NSW Food Authority.

Reason:         To ensure a supply of safe and suitable food for the event.

 

14.       The operation of the event not giving rise to environmental emissions of air impurities, liquids or solid matter in contravention of the Protection of the Environment Operations Act 1997. Any emissions from the event must not cause a nuisance from odours, nor be hazardous to human health or the environment.

Reason:         To prevent loss of amenity to the community.

 

15.       Access is to be maintained for businesses, residents and their visitors at all times during the set-up, removal and duration of the event.

Reason:            To ensure adequate access is maintained.

 

16.       In accordance with the submitted TMP and associated TCP, appropriate advisory signs, shall be placed at the event organiser's expense after all the required approvals are obtained from the relevant authorities, and traffic control devices shall be placed during the event along the route under the direction of a traffic controller holding an appropriate certification as required by the RTA.

Reason:         To ensure the safety of traffic flow in the area.

 

17.       All roads and marshalling points are to be kept clean and tidy, with all directional signs to be removed immediately on completion of the activity.

Reason:         To ensure the safety of traffic flow in the area.

 

NOTE:       This matter was adopted under Minute No 10375 – Council Matters To Be Adopted Without Discussion.

 

 

 

 

12.19

SUBJECT          236 Church Street Parramatta (Lot 1 DP 128437) (Arthur Phillip Ward)

DESCRIPTION  Change use of level 1 to restricted premises venue with public entertainment. (Locality Map attachment 3)

REFERENCE    DA/438/2008 - Submitted 27 August 2008

APPLICANT/S   Mondo Express Pty Ltd

OWNERS           Messrs S & C Konstantopoulos and Mrs R Konstantopoulos

REPORT OF      Manager Development Services 

10392

RESOLVED       (Finn/Chedid)

 

That the application be refused for the following reasons:-

1.                  The proposal is unsafe given access is from the rear lane;

2.                  The property security is inadequate and will attract gay bashers;

3.                  The premises is a ‘sex on premises’ facility and should be assessed as such.

4.                  There are several licensed premises within 200 metres  of the site including The Corporate Lounge, Oneworld, Roxy and The Woolpack;

5.                  The proposed use is not acceptable from a social point of view within the Parramatta CBD;

6.                  The proposal is within 100 metres of restaurants and places of public worship;

7.                  Council believes that the premise is not a restricted premises and that where the nature of the business is to operate a business, which by entry fee provides patrons access to nudity and the opportunity of engaging in sex with other patrons, thence it is a “related sex use” premises, similar to a “swingers club”.

 

 

DIVISION     The result being:-

 

Ayes               The Deputy Lord Mayor, Councillor P J Garrard and Councillors P B Barber, A Bide, J Chedid, P Esber, J D Finn, M A Lack, P K Maitra, M D McDermott, L E Wearne and A A Wilson.

 

Noes               Nil

 

 

 

 

12.20

SUBJECT          Oatlands Golf Course (Lot 39 DP 808581) 94 Bettington Road, Oatlands & Vineyard Creek Reserve (Lot 93 in DP 846814) Elizabeth Macarthur Ward)

DESCRIPTION  Excavation of the floor of the dam adjacent to, and part of, Oatlands Golf Course to increase the capacity of the dam from 30 to 53 megalitres; landscaping works and relocation of sewer pipe from the floor of the dam onto Vineyard Creek Reserve.

REFERENCE    DA/953/2007 - Submitted 6 November 2007

APPLICANT/S   Oatlands Golf Club

OWNERS           Oatlands Golf Club, Sydney Water & Parramatta City Council

REPORT OF      Manager Development Services 

 

 

 

 

 

 

 

 

 

 

 

 

 

10393

MOTION   (McDermott/Chedid)

 

That consideration of this matter be deferred until February 2009 and in the meantime, Councillors be given the opportunity to attend an on site meeting on this application.

 

AMENDMENT   (Esber/Bide)

 

That consideration of this matter be deferred to the Council Meeting to be held on 15 December 2008 and an on site meeting be held prior to that Council Meeting.

 

The amendment was put and lost.

The motion was put and carried.

 

 

DIVISION     The result being:-

 

Ayes               The Deputy Lord Mayor, Councillor P J Garrard and Councillors P B Barber, A Bide, J Chedid, J D Finn, M A Lack, M D McDermott, L E Wearne and A A Wilson.

 

Noes               Councillors P Esber and P K Maitra.

 

 

Note

Councillor Finn declared a non pecuniary interest in relation to this matter as an employee of the Department of Water and Energy but did not retire from the meeting during consideration and voting on this matter.

 

 

 

 

12.21

SUBJECT          Upstream weir, Parramatta River, Parramatta (Part Lot 1 and Part Lot 2 in Section 78 BK 1801 N) (Arthur Phillip Ward)

DESCRIPTION  Construction of a vertical slot fishway at the upstream weir.

REFERENCE    DA/560/2008 - Submitted 7 August 2008

APPLICANT/S   Parramatta City Council

OWNERS           Administered by the Department of Lands

REPORT OF      Manager Development Services 

 

RECOMMENDATION

 

(a)     That Council grant consent to Development Application No. 560/2008 subject to standard conditions and the following extraordinary conditions:

 

1.      An application shall be made to the Parramatta Park Trust for permission to use the Parramatta Park for access and temporary use of land for construction purposes. This application will be made in accordance with the Parramatta Park Trust Regulations 2007. No works are to commence until the appropriate approvals are provided to the applicant. The development must be undertaken in accordance with any conditions placed upon it by the Parramatta Park Trust.

Reason: To abide with the Parramatta Park Trust Regulations 2007

 

2.      A plan of management shall be submitted to the satisfaction of Council, detailing the procedures and staffing for the monitoring, maintenance and repair of the weirs. The plan shall include timing and procedures for cleaning of the trash screens and detail funding allocated for such activities.

Reason:  to protect the amenity of the area

 

3.      The applicant shall provide evidence and a commitment that the development will not draw down the water level of the Upstream pond by greater than 100mm.

Reason:  To protect the visual amenity of the area

 

4.      The person acting on the consent shall provide additional information from a suitably qualified ecologist as to the viability of the construction plan for enabling fish migration.  Particular reference is to be given to the downstream water level and the impact of the rock shelf on the migration of fish to the fishway.

Reason: To manage the impacts of development

 

5.      A dredge and reclamation permit is to be obtained for the weir from the Department of Primary Industries.  Permit fees shall be waived as the works are to rehabilitate fish passage at these sites.

Reason: to ensure compliance with other legislation

 

6.      Silt curtains or silt booms are to be used during construction of the proposed works to ensure there is no escape of turbid plumes into the aquatic environment.

Reason: to protect the environment

 

7.      Appropriate measures must be undertaken to avoid impacts to the rock platforms within the Parramatta River during the construction of the fishway.

Reason:  to protect the environment

 

8.      A qualified Archaeologist is to be present during the undertaking of excavation works. In the event that any historical relics are uncovered, excavation or disturbance of the area is to stop immediately and the appropriate authorities notified.

Reason: to protect heritage items

 

9.      The person acting on the consent must ensure that should any Aboriginal objects be uncovered, excavation or disturbance of the area is to stop immediately and the Department of Environment and Climate Change is to be informed in accordance with Section 91 of the NSW National Parks and Wildlife Act 1974.

Reason: to protect items or places of Aboriginal Heritage Significance.

 

10.    The person acting on the consent must ensure that should any historical relics be uncovered, excavation or disturbance of the area is to stop immediately. In accordance with section 146(a) of the NSW Heritage Act 1977 the Applicant must ensure the Heritage Council of NSW is notified within a reasonable time of the discovery or location of these relics. Written notification should be forwarded unless the Applicant believes on reasonable grounds that the Heritage Council of NSW is aware of the location of these relics. Archaeological assessment and approval, or endorsement, may be required prior to works continuing in the affected area(s) based on the nature of the discovery.

Reason: to protect heritage

 

11.    Construction Activities associated with the development, including material to and from the site, shall only be carried out 5 days a week Monday to Friday within the opening hours of the Parramatta Park. No work is permitted to be carried out on weekends or public holidays.
Notwithstanding the above, any building work hour’s condition placed upon the development by the Parramatta Park Trust will take precedent.

Reason: to protect the amenity of the area and to protect habitat of a threatened species

 

12.    Land disturbed during construction shall be reinstated to its original condition.

Reason: to protect the amenity of the area

 

13.    Any riparian vegetation cleared for these works require reinstatement with endemic native vegetation.

Reason: to protect the environment

 

(b)       Further, that the relevant approval bodies be informed of Council’s decision.

 

NOTE:      

1.                 This matter was adopted under Minute No 10375 – Council Matters To Be Adopted Without Discussion.

 

2.                 Councillor Finn had declared an interest in this matter as a member of the Parramatta Park Regional Trust and temporarily retired from the meeting during consideration and voting on Items Adopted without Discussion.

 

 

Notices of Motion

 

13.1

SUBJECT          Events Workshop

REFERENCE    F2004/07639 - D01077169

REPORT OF      Councillor A A Wilson

10394

RESOLVED       (Wilson/Chedid)

 

(a)     That Parramatta City Council conduct a workshop to examine                  Council events such workshop to be held prior to March 2009,            following which a report be submitted to Council.

(b)     Further, that the workshop examine the confines of the current           budget with a view to:-

          1.      Making Christmas a premier event across the LGA;

          2.      Revitalizing the relationship with the STC;

          3.      Determining the cost effectiveness of Council’s events.

 

 

 

ADJOURNMENT OF MEETING

 

In accordance with Council’s decision of 23 October 2000 (Minute No. 5712), the meeting adjourned at 8.45pm for a period of 10 minutes.

 

RESUMPTION OF MEETING

 

The meeting resumed in the Council Chamber at 8.55pm, there being in attendance The Deputy Lord Mayor, Councillor P J Garrard in the Chair and Councillors P B Barber, A Bide, J Chedid, P Esber, J D Finn, M A Lack, P K Maitra, M D McDermott, L E Wearne and A A Wilson.

 

 

SUSPENSION OF STANDING ORDERS

 

10395          RESOLVED     (Chedid/Wilson)

 

That Standing Orders be suspended to enable consideration of an urgent motion regarding the consideration of sex on premises applications.

 

The Deputy Lord Mayor ruled that the matter was one of urgency.

 

 

SUBJECT          Alteration to Council's Plans to Restrict Sex On Premises Applications

REFERENCE    F2004/06492

FROM                 Councillor J Chedid

10396

RESOLVED       (Chedid/Wilson)

 

(a)                      That the Manager Land Use and Transport Planning and Group Manager Outcomes and Development explore options through the LEP and DCP process whereby Council can restrict sex on premises applications being a permissible use.

(b)                Further, that Council write to the State Government advising of the burden placed on local communities  by requiring brothels, sex on premises developments and the like being permitted land uses in environmental planning instruments.

 

FURTHER SUSPENSION OF STANDING ORDERS

 

MOTION                              (McDermott)

 

That Standing Orders be suspended to enable consideration of the rescission motion put forward in relation to the graffiti wall at Sturt Park due to the ongoing drug problems and criminal activity being experienced in the area.

 

10397          The motion was put and lost.

 

The meeting terminated at 9.05pm.

 

 

THIS PAGE AND THE PRECEDING 50 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON MONDAY, 8 DECEMBER 2008 AND CONFIRMED ON MONDAY, 15 DECEMBER 2008.

 

 

 

 

 

Lord Mayor