MINUTES OF THE Meeting of Parramatta City Council HELD IN THE Council Chambers, CIVIC PLACE, PARRAMATTA ON Monday, 9 February 2009 AT 6.45 PM.

 

PRESENT

 

The Lord Mayor, Councillor A Issa, OAM, in the Chair and Councillors P B Barber, A Bide, J Chedid (arrived 6.53 pm), G J Elmore, P Esber, J D Finn, P J Garrard (Deputy Lord Mayor), M A Lack, C X Lim, S D Lloyd, P K Maitra, M D McDermott, L E Wearne (arrived 6.49 pm) and A A Wilson.

 

 

MINUTES

 

 

 

SUBJECT          Minutes of the Regulatory Council Meeting held on 15 December 2008

10448

RESOLVED      (Esber/Barber)

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

 

 

 

APOLOGIES

 

An apology was received and accepted for the late arrival of Councillor J Chedid.

 

 

DECLARATIONS OF INTEREST

 

Councillor P Esber declared an interest in relation to Item 11.4 of Development Applications regarding 15 Jackson Street, Ermington as Councillor Esber’s sister and brother-in-law are the owners of the property.

 

 

MINUTES OF THE LORD MAYOR

 

 

1

SUBJECT          Respects following the passing of Serge Markovtzev on 1 February 2009

REFERENCE    F2006/00646

FROM                 The Lord Mayor, Councillor A Issa OAM

 

 

10449

RESOLVED      (Issa/Wilson)

 

(a)       That Council acknowledge the death of Parramatta City Council employee Serge Markovtzev and pay respect to his memory and considerable contribution to Council as a marketing professional.

(b)       That Council pass on our sympathy to his wife and family.

(c)        That Council arrange for flowers to be sent on behalf of Parramatta City Council to his family and to his funeral.

(d)       That Council advise Councillors and Council staff of the funeral details.

(e)       Further, that Council observes one minute silence in    remembrance of Serge Markovtzev.

 

NOTE:      1         Councillor L E Wearne arrived at the meeting at 6.49 pm during consideration of this matter.

                   2       The Chamber observed one minute’s silence                                       following consideration of this matter.

 

 

 

2

SUBJECT          February Bushfire Tragedies

REFERENCE    F2006/00646

FROM                 The Lord Mayor, Councillor A Issa OAM

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

10450

MOTION             (Issa/Lloyd)

 

(a)              That Council express condolences for the families who have lost loved ones and homes in recent bushfires across Australia.

(b)              That this Council pay tribute to the professionalism and courage of our fire-fighters and emergency services officers.

(c)          That Council make a donation of $5,000 to the 2009 Victorian Bushfire Appeal Fund in partnership with the Australian Government and Red Cross to support communities impacted by the bushfires and this matter be reviewed in 12 months after discussions have been held with local affected councils.

(d)              That an appeal be set up in conjunction with the $5,000 and that local businesses in the Parramatta LGA be requested to support Council in its efforts.

(d)              That Council observe one minute of silence in memory of the lives lost in this continuing tragedy.

(e)         That pending availability of the Parramatta Town Hall on 15 March 2009, the Occassional Performing Sinfonia be permitted to use the town hall at no cost for the purpose of raising funds for the victims of the Victorian bush fires.

(f)           Further, that the CEO, Dr Lang approach the Local Government Associations with a view to the Associations ascertaining what support can be provided by Parramatta City Council to those Victorian Council’s effected by the bushfires.

 

AMENDMENT   (Esber/Maitra)

 

(a)              That Council express condolences for the families who have lost loved ones and homes in recent bushfires across Australia.

(b)              That this Council pay tribute to the professionalism and courage of our fire-fighters and emergency-services officers.

(c)          That Council make a donation of $20,000 to the 2009 Victorian Bushfire Appeal Fund in partnership with the Australian Government and Red Cross to support communities impacted by the bushfires.

(d)              That Council observe one minute of silence in memory of the lives lost in this continuing tragedy.

(e)         That pending availability of the ParramattaTown Hall on 15 March 2009, the Occassional Performing Sinfonia be permitted to use the town hall at no cost for the purpose of raising funds for the victims of the Victorian bush fires.

(f)           Further, that the CEO, Dr Lang approach effected Victorian councils with a view to 1 or 2 staff being sent to Victoria to assist those councils where possible.

 

 

The amendment was put and lost.

 

The motion was put and carried.

 

NOTE:    1          Councillor J Chedid arrived at the meeting at 6.53 pm during consideration of this matter.

 

                 2          Councillor P Esber requested that his name be recorded as having voted against this decision.

 

 

 

 

SUSPENSION  OF  STANDING  ORDERS

 

 

10451        RESOLVED       (Garrard/Wilson)

 

That Standing Orders be suspended to enable consideration of an urgent matter relating to the Parramatta Local Environmental Plan.

 

 

 

SUBJECT          Parramatta Local Environmental Plan

REFERENCE    F2008/04399

FROM                 Councillor Paul Garrard

10452

RESOLVED      (Garrard/Wilson)

(a)       That Parramatta City Council seek to address the finalisation of the Parramatta Local Environment Plan in a most timely manner, and in order to give due consideration to all matters pertaining to the city’s future character:

(b)       That a report is requested from Council’s Property Section listing all of Council’s properties and promoting a strategy which seeks to ensure that community owned land in Council’s ownership is not disadvantaged, and that scope is provided to maximise the community’s future investments.

(c)        That such land will be identified and categorised so as to allow its inclusion in the LEP, after consultation with Council.

(d)       That each Council Ward will form a ‘Working Party’ of its Councillors to review the proposed future character of each Ward, and that where discussion is required about land adjacent to Ward boundaries, that the Councillors of both Wards will have equal input.

(e)       That each Ward ‘Working Party’ will deliver its outcomes to the responsible officer by 23 February 2009.

(f)         That after the plan is finally adopted by Council and sent to the Department of Planning for a Section 65 Certificate to enable public exhibition:

(g)       That Council undertake an informal exhibition of the plan through each Ward over the pursuing four month period.

(h)        That a report is requested outlining the format and process of such an informal exhibition.

(i)         That for the purpose of exhibition a method of presentation be developed by Council which will allow easy recognition and understanding of the LEP document.

(j)         Further, that the CEO convey Council’s intentions to the Department of Planning.

 

 

 

 

 

10453

RESUMPTION OF STANDING ORDERS

 

RESOLVED      (Garrard/Wilson)

 

That  Standing Order be resumed.

 

 

 

 

PUBLIC FORUM

 

1

 

SUBJECT          Opposition to DA/853/2008 regarding the Marist/Catherine McAuley Westmead Education Precinct

REFERENCE    DA/853/2008

FROM                 Jennifer Hickey –President Parents and Friends Association – Catherine McAuley

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

10454

 

“I wish to oppose the DA for the Marist/Catherine McAuley Westmead Education Precinct.

 

My name is Jennifer Hickey and I am the President of the Parents and Friends Associations of Catherine McAuley.

 

I would like to oppose the DA approval on the grounds that the traffic congestion will be extremely increased in this area and due to that parents are concerned for the safety of their children and also the safety of the incoming primary students.

 

This area will be dangerous due to the health infrastructure already in place and the expansion in years to come. It will also affect neighbouring communities in traffic congestion as well as their school enrolments.

 

I represent all parents at Catherine McAuley.”

 

RESPONSE By:  Manager Development Services – Ms Louise Kerr:-

 

“Thank you Ms Hickey for your interest in this matter and raising your concerns regarding Development Application No.853/2008. The issues that you have raised tonight, together with other submissions received from the community will be reviewed and considered in the assessment and determination of the DA.

 

Please be advised that arrangements are being made for a site meeting to be held with the community, Councillors and the applicant at 5.30pm on Thursday 26 February 2009.  The site meeting will provide an opportunity for members of the community to share their views on the proposed development with Councillors and to enable the applicant to present their project to Councillors and the community. An invitation will be sent to yourself and all other interested persons within the next week.”

 

2

SUBJECT          Various Issues Associated with Processing of Development Applications

REFERENCE    F2004/06472

FROM                 Mr Bruce Berry

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

10455

My questions concern Council’s proposals on changes to the processing of development applications which is on tonight’s agenda.

 

1       Delegation of Authority to Council Staff

 

Why should authority to approve development applications be given to Council staff as opposed to elected Councillors especially when:-

 

1.1       The qualifications and accreditation of Council Officers is currently under review by the Building Professionals Board, and

 

1.2       It is still necessary to have a Crime Prevention Analyst operating from the CEO’s office as a result of the findings by ICAC that corruption has occurred on Council Staff?

 

Why is it that the Recommendation before Council states that the CEO should be delegated the authority to approve DAs, with no mention of refusal?  Doesn’t this represent bias towards developers?

 

2       Restrictions placed on objectors

 

2.1       At least 7 objections must be received before the DA is considered by the Councillors and without additional demands being placed on objectors.

 

            How does Council justify this when its Notification Policy states that the residents to be informed of some DAs can be restricted to only those who adjoin the DA site, with no notices being required in the newspapers?  Council gives itself the authority to notify less than 7 residents, but expects 7 objectors to respond before, it would appear, full and open consideration is given to the submission.

 

2.2       Objections from those who live a ‘considerable distance; away may not be considered.

 

            Will Council be denying these people the right to raise concerns on other DAs when the reasons for doing so are not just a genuine concern about what is happening in the wider community, but to highlight such things as continuing neglect on the part of Council Officers, further eroding and ignoring of development controls and failure to provide answers?

 

2.3       Council is concerned that signatories to petitions lack commitment.

 

            Will all signatories now be required to show this commitment?  If so, how?  Will Council be expecting the same commitment to all other petitions submitted to Council, including those in favour of DAs?  Why is Council so concerned about this when there is ample evidence to show that it pays no more attention to a petition than it does to a submission from an individual?  Does Council agree?

3       Unnecessary delays

 

          Why doesn’t Council avoid delays in processing DAs by:-

 

          3.1    Enforcing greater use of pre lodgement programmes.

 

 3.2      Encouraging consultation between the applicant and local residents before application.

 

3.3       Not accepting flawed documents or failing to procure essential documents, as proven.

 

3.4       Tightening up the Section 96 application process, particularly in relation to retrospective approval of major alterations and failure to apply for alterations that obviously require it.

 

3.5       Providing reasons for all decisions and diversions from policy.

 Note

At this time Mr Berry’s time expired for the asking of the remainder of his questions and he was invited by the Lord Mayor to submit a further Public Forum question.

 

RESPONSE By: Manager Development Services – Ms Louise Kerr

 

“As mentioned in the report on tonight’s business paper, it is necessary to delegate to staff the function of determining development applications because of the sheer volume of applications that Council received each year, which is approximately 1,100 per annum. Whether a development application is determined on the floor of Council or under staff delegation, the application must be assessed under the same rules and is subject to the same legal scrutiny.

 

The current review is about good governance and our intention is to review our internal development assessment processes against best practice as recommended by the ICAC, whilst improving the time taken to determine development applications.

 

In relation to acredidation of Council officers, this deals with the authority and qualifications to issue certificates under Part 4a of the Act and not the assessment and determination of development applications.

 

Why is it that the recommendation before Council states that the CEO should be delegated authority to approved DAs, with no mention of refusal? Doesn’t this represent a bias towards developers?

 

One of the recommendations in tonight’s business paper is for Council to reaffirm the existing delegation of the CEO to refuse development applications and complying development certificates.

 

The proposed increase in the number of objections received from 4 to 7 before an application is required to be determined by the elected Council is reflective of a slightly wider neighbourhood interest than the current 3. It is the view of staff that the current trigger of 4 objections catches too many small applications that can adequately be dealt with by staff. 

 

No matter how many objections are received in relation to an application, all of the issues that are relevant to the application are considered by assessment staff in the assessment and determination of the application and documented in the section 79C assessment report and report to Council. In addition, each person who lodges an objection receives acknowledgement of the submission letter and a letter at the end of the assessment process advising them how their submission was considered and addressed.

 

Council is in no way seeking to discourage the lodgment of objections or submissions on development applications however, more effective guidance and advice should be provided to local residents when they are notified of a DA on what are the relevant matters which that can be raised when making a submission on a DA especially when the DA is located a considerable distance from their residence and property. In particular, they will need to establish the nature of the impact upon the amenity or disruption to the enjoyment of the neighbourhood.

 

If there are other matters not specific to the merits of a particular DA which a member of the community wishes to raise, those persons are encouraged to make a complaint in accordance with Council’s adopted Compliments and Complaints Policy. 

 

There are often occasions where petitions are submitted to Council with a large number of signatures either supporting or objecting to a DA. These petitions often state their general objection/support to the DA without specifying reasons for the objection/support or stating the likely impacts of the development which makes it difficult for Council to appropriately consider the petition in the assessment of the application.

 

As previously mentioned more effective guidance and advice should be provided to local residents on what are relevant matters which can be raised when signing a petition, including the establishment of the nature of the impact upon the amenity or disruption to the enjoyment of the neighbourhood.

 

The development assessment process is a complex one and not one single solution can be used to improve determination times and address current problems satisfactorily. The report which will be considered tonight identifies some potential solution as part of a more comprehensive package to improve processing times and customer service. Such matters include the issues identified in your question.

 

In relation to Section 96 applications, the law permits these applications to be made for work already completed (ie retrospective approval) and Parramatta City Council can not change this.  In relation to reasons for decisions and variation to policy, all Council officer reports on development matters deal with these 2 matters as standard practice.

 

It should be noted that paramount in the development assessment process is the imperative to ensure good governance. Good governance of the process should not be compromised in the pursuit of reducing processing times.”

 

 

 

Regulatory Reports

 

7.1

SUBJECT          Processing and Administration of Development Applications

REFERENCE    F2004/06472 - D01092191

REPORT OF      Manager Land Use and Transport Planning

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

10456

 

MOTION             (Finn/Maitra)

(a)       That Council note the following improvements to processes proposed within the Development Services Unit:

            1     Fast tracking of minor DAs

            2     Expediting internal referrals

            3     Improving the “clearing house” process

 4      Performing a “blitz” on determining DAs that have been in the system for over 80 days

 5      Improving responsiveness associated with pre lodgement meetings

 6      Commencing a process of defining a policy position on how to  proceed with incomplete or deficient DAs.

(b)       That the Chief Executive Officer be delegated the functions of Council to:

1          Approve development applications (including section 96 applications) provided:

1.1          There are not more than 3 objections to the development; or

1.2          The development application does not relate to land in which Council holds, or has recently held, a direct pecuniary interest; or

1.3    The development application does not fall within the terms of reference of the Central Parramatta Planning Committee; or

1.4    The development application is not known to have been made, or relate to a property owned by a member of staff or Councillor; or

1.5    The development application does not seek a variation of more than 10% to a standard under the Parramatta City Centre LEP 2007; or

1.6    The development application does not relate to a heritage item;

1.7    The development application does not relate to waterways or environmentally sensitive land;

1.8    The development application does not relate to a brothel, massage parlour, sex services premises, restricted premises or tattoo parlour.

1.9    The application does not seek a review of determination under section 82A. 

(c)       That Council reaffirm the following delegations to the Chief Executive Officer to:

           1      Approve complying development certificates.

2       Exercise the assumed concurrence of the Director-General in relation to objections made pursuant to State Environmental Planning Policy No.1 – Development Standards.

3       Refuse development applications and complying development certificates.

 

Note - Individual households are to represent only one objection to a development application irrespective of the number of individual objections received or signatures provided on behalf of that household for the purpose of determining 1(a)(i) above.

 

(d)       That site meetings be held for the following Development Applications prior to a determination being made:

            1     Where 5 or more objections have been made.

            2     For all other DAs where 2 Councillors request that a site        meeting be held.

(e)       That the current practice of referring proposed meeting dates and times for site meetings to Council for endorsement be replaced by such meetings being organised by staff in the Development Services Unit and notified to Councillors on a monthly basis.

(f)         That Council commence 6 monthly ‘Industry Forums’ commencing in early 2009. The purpose of the ‘Industry Forums’ is to receive feedback from regular customers on the Development Assessment Service and local planning issues including architects, designers and developers. 

(g)       That Council suspend the current practice of referring Development Applications for child care centres to the Local Engineering Advisory Committee and Traffic Committee for comment in cases where on-street car parking is not being relied upon to comply with the car parking controls.

(h)        That amendments being made to the standard notification letter advising stakeholders that individual households are to represent only one objection to a development application irrespective of the number of individual objections received or signatures provided on behalf of that household.  In addition, advice being included indicating that if objections are received from a significant distance to the proposal, the objector should state their interest in objecting.

(i)         That Council staff prepare a policy on how incomplete and deficient DAs should be dealt with by Development Assessment staff as a matter of policy having regard to balancing customer service and efficiency and timeliness of the of the process.

(j)         That a report be presented to Council in 6 months which outlines the progress of the changes proposed in this report and improvements to processing times and identification of any further changes required.

(k)        That monthly reports be prepared for Council identifying number of DAs in the system, median processing times, trends over time and other statistics that will keep Council informed of key statistics in DA processing and administration.

 

AMENDMENT   (Chedid/Lim)

That consideration of this matter be deferred to the next Council Meeting (Regulatory).

 

FORESHADOWED

AMENDMENT   (Esber/Barber)

 

1.                  That Council note the following improvements to processes proposed within the Development Services Unit:

           a)        Fast tracking of minor DAs

           b)        Expediting internal referrals

           c)        Improving the “clearing house” process

          d)        Performing a “blitz” on determining DAs that have been in the        system for over 80 days

           e)       Improving responsiveness associated with pre                                       lodgement meetings

           f)       Commencing a process of defining a policy position on how to  proceed with incomplete or deficient DAs.

 

2.                  That the Chief Executive Officer be delegated the functions of Council to:

 

a)                  Approve development applications (including section 96 applications) provided:

 

(i)                 There are not more than 5 objections to the development; or

(ii)               The development application does not relate to land in which Council holds, or has recently held, a direct pecuniary interest; or

(iii)             The development application does not fall within the terms of reference of the Central Parramatta Planning Committee; or

(iv)              The development application is not known to have been made, or relate to a property owned by a member of staff or Councillor; or

(v)                The development application does not seek a variation of more than 10% to a standard under the Parramatta City Centre LEP 2007; or 

(vi)              The development application does not seek to demolish a heritage item; or

(vii)            The development application does not relate to a brothel, massage parlour, sex services premises, restricted premises, tattoo parlour or place of public worship; or

(viii)          The application does not seek a review of determination under section 82A. 

(ix)              The application is lodged as a “Fast Track DA” (i.e., swimming pools, garages, carports, awnings, decks, pergolas, change of use and similarly small scale DAs) even if 7 or more objections are received.

 

2.                                         That Council reaffirm the following delegations to the Chief Executive Officer to:

 

i)                   Approve complying development certificates.

 

ii)                 Exercise the assumed concurrence of the Director-General in relation to objections made pursuant to State Environmental Planning Policy No.1 – Development Standards.

 

iii)               Refuse development applications and complying development certificates.

 

Note - Individual households are to represent only one objection to a development application irrespective of the number of individual objections received or signatures provided on behalf of that household for the purpose of determining 1(a)(i) above.

 

3.                  That site meetings be held for the following Development Applications prior to a determination being made:

 

i)                              Where 7 or more objections have been made.

ii)                            For all other DAs where 2 Councillors request that a site meeting be held.

 

4.                  That the current practice of referring proposed meeting dates and times for site meetings to Council for endorsement be replaced by such meetings being organised by staff in the Development Services Unit and notified to Councillors on a monthly basis.

 

5.                  Council commence 6 monthly ‘Industry Forums’ commencing in early 2009. The purpose of the ‘Industry Forums’ is to receive feedback from regular customers on the Development Assessment Service and local planning issues including architects, designers and developers. 

 

6.                  Council suspend the current practice of referring Development Applications for child care centres to the Local Engineering Advisory Committee and Traffic Committee for comment in cases where on-street car parking is not being relied upon to comply with the car parking controls.

 

7.                  Amendments being made to the standard notification letter advising stakeholders that individual households are to represent only one objection to a development application irrespective of the number of individual objections received or signatures provided on behalf of that household.  In addition, advice being included indicating that if objections are received from a significant distance to the proposal, the objector should state their interest in objecting.

 

8.                  That Council staff prepare a policy on how incomplete and deficient DAs should be dealt with by Development Assessment staff as a matter of policy having regard to balancing customer service and efficiency and timeliness of the of the process.

 

9.                  That a report be presented to Council in 6 months which outlines the progress of the changes proposed in this report and improvements to processing times and identification of any further changes required.

 

10.             That monthly reports be prepared for Council identifying number of DAs in the system, median processing times, trends over time and other statistics that will keep Council informed of key statistics in DA processing and administration.

 

 

The amendment was put and carried and became the motion.

 

The foreshadowed amendment became the amendment and was put and lost.

 

The motion was put and carried.

 

 

7.2

SUBJECT          Delegation of Authority to the Lord Mayor and Chief Executive Officer During the Christmas/New Year Period

REFERENCE    F2004/07400 - D01119479

REPORT OF      Team Leader Council Support

10457

RESOLVED       (Garrard/Lim)

 

That the minutes of the Delegated Authority Meeting held on 22 January 2009 be noted.

 

 

 

 

 

7.3

SUBJECT          List of Future On-site meetings

REFERENCE    F2004/08629 - D01123655

REPORT OF      Team Leader - Development Assessment. Also Team Leader – Outcomes and Development Email dated 30 January 2009.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

10458

MOTION              (Barber/Chedid)

 

(a)       That the list of proposed onsite meetings appended in Attachment 1 to this report be adopted with the deletion of meetings 5 and 6  regarding 100 George Street, Parramatta and 625 Church Street, North Parramatta respectively.

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

 

AMENDMENT   (Lim/Garrard)

 

(a)       That the list of proposed onsite meetings appended in Attachment 1 to this report be adopted with the deletion of meetings 5, 6 and 8 regarding 100 George Street, Parramatta, 625 Church Street, North Parramatta and 3/2 Horwood Place, Parramatta respectively.

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

 

The amendment was put and lost.

 

The motion was put and carried.

 

DEVELOPMENT APPLICATIONS TO BE ADOPTED WITHOUT DISCUSSION

 

 

10459        RESOLVED       (Barber/Esber)

 

That Domestic Applications Item No.s 10.1 and 10.3 and Development Application Item No.s 11.2, 11.6 and 11.8  be adopted unanimously in accordance with the officer’s recommendation.

 

DIVISION   The result being:-

 

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

 

NOES             Nil

 

Reports - Domestic Applications

 

 

10.1

SUBJECT          23 Budgeree Road, Toongabbie
(Lot 1 DP 528819) (Caroline Chisholm Ward)

DESCRIPTION  Demolition of all existing structures on site

REFERENCE    DA/748/2008 - 10 October 2008

APPLICANT/S   Strategic Asset Management Unit - Parramatta City Council

OWNERS           Parramatta City Council

REPORT OF      Manager Development Services

 

RECOMMENDATION

 

 That Development Application No. 748/2008 be approved for a period of three (3) years from the date of the Notice of Determination, subject to    the conditions of consent in Attachment 1 of this report.

 

NOTE:       This matter was adopted under Minute No 10459 – Council Matters To Be Adopted Without Discussion.

 

 

 

 

 

 

10.2

SUBJECT          202 Church Street, Parramatta (Lot 1 DP 89558) (Arthur Phillip Ward)

DESCRIPTION  Commerical use of the first floor as an internet cafe, internal fitout and associated signage.

REFERENCE    DA/733/2008 - Submitted 3 October 2008

APPLICANT/S   South Global Investment Pty Ltd

OWNERS           Barrizone Pty Ltd

REPORT OF      Manager Development Services

10460

RESOLVED      (Finn/Maitra)

 

(a)      That Development Application 733/2008 for a change of use to an internet café with associated signage be approved for a period of 3 years from the date of the Notice of Determination, subject to the conditions of consent in Attachment 1 of this report.

(b)      Further, that hours of operation be trialled for 12 months and if there are no problems on premises the applicant be invited to apply for an extension to the trading hours consistent with those originally requested.

 

DIVISION   The result being:-

 

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

 

NOES             Nil

 

 

 

 

 

10.3

SUBJECT          26 Oakleigh Avenue, South Granville
(Lot 12 HCP 7) (Woodville Ward)

DESCRIPTION  Demolition of the existing garage and construction of an outbuilding to the rear of the existing dwelling for the purposes of a granny flat and garage with associated carport

REFERENCE    DA/343/2008 - Submitted 16 May 2008

APPLICANT/S   De'Bonnaire Designz

OWNERS           Mr M M Hamze and Mrs Z Deeb

REPORT OF      Manager Development Services

 

RECOMMENDATION

 

That Development Application No. 343/2008 be approved for a period of 3 years from the date of the Notice of Determination subject to conditions of consent in attachment 1 of this report.

 

NOTE:       This matter was adopted under Minute No 10459 – Council Matters To Be Adopted Without Discussion.

 

 

 

Reports - Development Applications

 

11.1

SUBJECT          Section 82A Review - 1-3 Lennox Street (cnr Marden Street), Parramatta (Lots 1 and 2 in DP 501508) (Arthur Phillip Ward)

DESCRIPTION  Demolition of outbuildings, use of existing heritage-listed cottages for commercial purposes and construction of 2 town houses presenting to Marsden Street.

REFERENCE    DA/606/2007 - Submitted 8th August, 2007 (Section 82A Review Submitted 26th November, 2008)

APPLICANT/S   Dr F Soliman

OWNERS           Dr F Soliman & Mrs K Attia-Soliman

REPORT OF      Manager Development Services. Also Senior Development Assessment Officer Memorandum dated 29 January 2009.

10461

RESOLVED       (Garrard/Wilson)

 

That this matter be deferred for further consultation with the applicant.

 

 

DIVISION   The result being:-

 

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

 

NOES             Nil

 

 

 

 

 

11.2

SUBJECT          9 Albert Street, North Parramatta (Lot 1 in DP 817483) Arthur Phillip Ward

DESCRIPTION  Crown development application for the change of use to a temporary group home (transitional) under State Environmental Planning Policy (Infrastructure) 2007.

REFERENCE    DA/832/2008 - submitted 4th November, 2008

APPLICANT/S   Resitech Australia

OWNERS           NSW Department of Education & Training

REPORT OF      Manager Development Services. Also Team Leader – Development Assessment Memorandum dated 9/2/09.

 

RECOMMENDATION

 

That subject to the written approval of the Department of Housing or the Minister and in accordance with Part 116C of the Environmental Planning & Assessment Act 1979, the development application for the change of use to a     temporary group home be approved, for a period of 3 years from the date of the Notice of Determination, subject to the conditions contained in the assessment report (Attachment 1).

 

NOTE:       This matter was adopted under Minute No 10459 – Council Matters To Be Adopted Without Discussion.

 

 

 

 

 

11.3

SUBJECT          49 Patterson Street, Rydalmere (LOT 3 DP 36198) (Elizabeth Macarthur Ward)

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

REFERENCE    DA/399/2008 - 2 June 2008

APPLICANT/S   D P Hong

OWNERS           Mr K M Tang and Ms C M Cheng

REPORT OF      Manager Development Services

 

 

 

 

 

 

 

 

 

 

 

 

10462

 

MOTION             (McDermott/Chedid)

That consideration of this matter be deferred pending the provision of a traffic report .

 

AMENDMENT   (Wearne/Lloyd)

 

(a)       That development application (DA/399/2008) be approved, for a period of three years from the date of the Notice of Determination, subject to conditions of consent in Attachment 1 of this report.

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

 

The amendment was put and carried and on being put as the motion was again carried.

 

DIVISION   The result being:-

 

AYES:          Councillors P B Barber, G Elmore, J D Finn, A Issa, OAM, S Lloyd, P Maitra, L E Wearne and A Wilson.

 

NOES:         Councillors A Bide, J Chedid, P Esber, P J Garrard, M Lack, C X Lim and M McDermott

 

 

 

 

 

 

11.4

SUBJECT          15 Jackson Street, Ermington. (Lot 8 DP 35991) (Elizabeth Macarthur Ward)

DESCRIPTION  Fitout and change of use to Medical Consulting Rooms.

REFERENCE    DA/596/2008 - Submitted 19 August 2008

APPLICANT/S   Design Fusion

OWNERS           Dr James S Harrison Pty Ltd

REPORT OF      Manager Development Services

10463

RESOLVED       (McDermott/Bide)

 

(a)       That Council grant consent to Development Application No. 596/2008 for a change of use to Medical Consulting Rooms for a period of three years from the date of the Notice of Determination, subject to conditions of consent in Attachment 1 of this report.

(b)       That objectors be advised of Council’s decision.

(c)       Further, that a report be provided in 6 months on any traffic issues in the surrounding streets arising as a result of the development.

 

DIVISION   The result being:-

 

AYES              The Lord Mayor, Councillor A Issa OAM and Councillors P B Barber, A Bide, J Chedid, G Elmore,J D Finn, P J Garrard, M A Lack, C X Lim, S Lloyd,  P K Maitra, M D McDermott, L E Wearne and A A Wilson.

 

NOES             Nil

 

 

 

NOTE:       Councillor P Esber declared an interest in this matter as the premises is owned by his sister and brother in law and temporarily left the meeting during consideration and voting on this matter.

 

 

 

 

 

11.5

SUBJECT          7 Bourke Street, North Parramatta
(Lot 13 DP 35855) (Arthur Phillip Ward)

DESCRIPTION  Use of the existing unit as a mechanical workshop. Location Map - Attachment 3

REFERENCE    DA/529/2008 - Submitted 25 July 2008

APPLICANT/S   Rydalmere Cab Services Pty Ltd

OWNERS           Bai Li Holdings Pty Limited

REPORT OF      Manager Development Services 

10464

RESOLVED       (Lim/Lloyd)

 

That consideration of this matter be deferred pending an on site meeting, the arrangement for which to be left in the hands of the Manager Development Services.

 

DIVISION        The result being:-

 

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

 

NOES             Nil

 

 

 

 

 

11.6

SUBJECT          211 Church Street Parramatta
(Lot 101 DP 1052788) (Arthur Philip Ward)

DESCRIPTION  Alterations to an existing restaurant and bar (known as The Corporate Nightclub) comprising the provision of a coffee servery and an outdoor dining area containing 96 seats in front of the building.

REFERENCE    DA/719/2008 - Submitted 2 October 2008

APPLICANT/S   Mr Michael Hadad

OWNERS           Interframe (Aust) Pty Ltd

REPORT OF      Manager Development Services

 

RECOMMENDATION

 

          That Development Application No.719/2008 be approved for a period of three years from the date of the Notice of Determination, subject to the conditions of consent in Attachment 1.

 

NOTE:       This matter was adopted under Minute No 10459 – Council Matters To Be Adopted Without Discussion.

 

 

 

 

 

11.7

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

DESCRIPTION  Alterations and additions to an existing restaurant including the addition of outdoor eating areas, shade structures and signage.

REFERENCE    DA/444/2008 - Submitted 20 June 2008

APPLICANT/S   Bavarian Hospitality Group

OWNERS           Bavarian Hospitality Group

REPORT OF      Manager Development Services

 

 

 

 

 

 

 

 

 

 

 

 

 

 

10465

MOTION              (Bide/Wilson)

 

That development Application No. 444/2008 be approved for a period of 3 years from the date of the Notice of Determination subject to the conditions of consent in attachment 1 of this report.

 

AMENDMENT   (Finn/Esber)

 

That consideration of this matter be deferred pending the receipt of further comments from Council’s Heritage Advisor in relation to the operable roof and whether the roof will comply with smoking laws.

 

The amendment was put and lost.

 

The motion was put and carried.

 

DIVISION

 

AYES          The Lord Mayor, Councillor A Issa, OAM and Councillors P B Barber, A Bide, J Chedid, P J Garrard, C X Lim, S Lloyd, M McDermott & A A Wilson.

 

NOES         Councillors G Elmore, P Esber, J D Finn, M Lack, P Maitra & L E Wearne.

 

 

 

 

 

11.8

SUBJECT          50 O'Connell Street, Parramatta (Lot 1 DP 1103632)

DESCRIPTION  Use of the premises for a legal practitioner's office

REFERENCE    DA/761/2008 - 

APPLICANT/S   Foteades Legal - Submitted 15 October 2008

OWNERS           Parramatta Leagues Club

REPORT OF      Manager Development Services

 

RECOMMENDATION

 

That Council as the consent authority grant development consent to Development Application No. DA/761/2008 for use of the premises as a legal practitioner’s office on land at 50 O’Connell Street (also known as 12 Grose Street), Parramatta for a period of three (3) years from the date on the Notice of Determination subject to standard conditions contained in Attachment 1.

 

 

NOTE:       This matter was adopted under Minute No 10459 – Council Matters To Be Adopted Without Discussion.

 

 

 

 

 

11.9

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. Also Team Leader – Development Assessment Team Memorandum dated 9/2/09.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

10466

MOTION             (Esber)

 

(a)     That Development Application No 953/2007 be    approved subject           to standard, and the following non - standard, conditions:

Department of Water and Energy

Pursuant to Part 2 of the Water Act, the Department of Water & Energy, having reviewed the documentation associated with the development application, proposes to grant approval to DA/953/2007 (as presented).  The general terms of the approval are set out below:

General and Administrative Issues

1.      The location of the dam as shown on a plan retained in the office of the Department of Water and Energy shall not be altered. The installation of any further dams and/or enlargement of an existing dam beyond the current proposal may require further approval and/or an amended license from the Department of Water and Energy.

2.      Subject to any access or flow condition contained in the licence, diversion of all or part of the stored water for irrigation or recreational purposes may be undertaken within annual licence limits.

3.      The applicant shall not allow any tailwater drainage shall discharge into or onto :

-        any Crown Land or adjoining public or crown road;

-        any other persons land;

-        any river, creek or watercourse;

-        any groundwater aquifer;

-        any area of native vegetation as described in the Native Vegetation Conservation Act 1997;

-        any wetland of environmental significance.

4.      Your attention is particularly drawn to the provisions of the above condition regarding disposal of drainage waters.  The discharge of waters into a river or creek other than in accordance with the conditions of a license under the Protection of the Environment Operations Act may render the offender to prosecution and penalty.

5.      The existing profile of the channel and bank of any watercourse or drainage depression must not be disturbed any more than is necessary in order to site and maintain the authorised work.  Any area that is disturbed shall be stabilised and maintained by vegetation cover, stone pitching or any other approved material as directed to the Department of Water and Energy’s satisfaction to prevent the degradation and erosion.

6.      Any spoil from the development must not be stockpiled but either discretely and beneficially redistributed across the property or removed from the property.

7.      Works used for the purpose of conveying, distributing and storing  water taken by means of the authorised work shall not be constructed or installed so as to obstruct the reasonable passage of floodwaters other than water to be impounded or obstructed.

8.      The Pumping and ancillary equipment and pump site  shall be, at all times, properly secure at all times and sealed so as to prevent any leakage of petroleum based products and/or noxious substances from entering any river or lake.  Bunding shall be installed around the pumping site to eliminate the risk of water contamination through spills or leaks of oils, fuels or greases.

9.      The existing profile of the channel and bank of any watercourse or drainage depression must not be disturbed any more than is necessary in order to site and maintain the authorised work.  Any area that is disturbed when carrying out such work shall be stabilised and maintained by native vegetation cover, stone pitching or any other approved material as directed by and to the Department of Water and Energy satisfaction.

10.    Any drainage channels or cross banks associated with the authorised works, or access roads to and from the works, shall have installed and maintained suitable erosion control devices to the Department of Water and Energy satisfaction.  They shall be regularly inspected and maintained by the applicant, including after each run-off event, to minimise siltation reaching any river or lake. 

11.    The works shall be constructed and maintained in such manner as will ensure  its safety and as will preclude the possibility of damage  being occasioned by it, or resulting from it, to any public or private interest.

Conditions Specific to DA/953/2007

12.    A diversion work is to be designed and installed to prevent low (environmental) flows from entering the storage.  The diversion work (minimum 150mm diameter pipe or channel equivalent) is to divert flows around the storage and to release them back into the watercourse immediately below the dam wall.  The design is to ensure that only runoff events that surcharge the capacity of the diversion work can flow into the reservoir for subsequent extraction and use.

13.    All drainage lines shall be maintained with sufficient and suitable vegetation to ensure optimum water quality and riparian habitat.

14.    The level of the dam wall/by-wash crest and the plan area (footprint) of the storage, as well as the annual extraction entitlement, monitoring and reporting requirements and other licence conditions (apart from the existing environmental flow provisions which will be replaced by the above) shall remain unchanged from that already licensed under 10SL055777.

Formal Application Issues

15.    Upon receipt of any development consent from Parramatta Council, DWE will issue a new water licence under Section 10, Part 2 of the Water Act, 1912, commensurate with these General Terms

16.    Such a licence (Part 2 of the Water Act 1912) would fall due for renewal every five years and be subject to administrative fees and annual water use charges as determined from time to time by the Independent Pricing and Regulatory Tribunal (IPART).

Reason for all conditions: To abide by the general terms of the approval.

Sydney Water conditions

17.    A Deed of Agreement with Sydney Water shall be entered into prior to the commencement of works relating to the deviation of the sewer main.

18.    The applicant/proponent must engage the current or another authorised Water Servicing Coordinator (Coordinator) to manage the design and construction of the required works to Sydney Water’s standards and procedures. Before engaging another Coordinator, Sydney Water must first be advised in writing.

19.    Following engagement of a Coordinator, the applicant/proponent shall sign and lodge both copies of the Deed with the nominated Coordinator. After Sydney Water has signed the documents, one copy will be returned to the Coordinator.

20.    If there is a need to enter a neighbouring property to undertake the works, the written permission of the relevant property owner AND tenants must be obtained. Sydney Water’s Permission to Enter form(s) must be used for this. Copies of the forms can be obtained from the Coordinator or from the Sydney Water website. The Coordinator may act on behalf of the applicant/proponent.

21.    All items on the form(s) must be addressed, including payment of compensation and whether there are other ways of designing and constructing that could avoid or reduce their impacts. The applicant/proponent will be responsible for all costs of mediation involved in resolving any disputes.

22.    Work must not start on the existing sewer main or the proposed deviation until Sydney Water advises the Coordinator. This includes the placement of any temporary pipework. Before pipework can commence, the Coordinator shall be engaged to lodge an application that must include appropriate temporary pipework detail as well as the design of the proposed deviation/adjustment.

Sydney Water will then assess both designs and advise the Coordinator when they are approved and of any conditions to be met before pipe placement.

If any works on Sydney Water’s assets is carried out without that advice or final approval, Sydney Water will take action to have work on the site stopped. Sydney water will apply the provisions of Section 45 of the Sydney Water Act 1994.

23.    When the works are being constructed, the applicant/proponent will need to pay project management, survey, design and construction costs directly to the suppliers. Other costs may include Sydney Water charges for:

-        water main shutdown and disinfection;

-        connection of new water mains to Sydney water system(s);

-        design and construction audit fees;

-        contract administration on project finalisation;

-        creation or alteration of easements etc;

-        some customer contract services

The Coordinator can advise of the specifics of these costs.

24.    Because this work involves construction on a ‘live’ Sydney Water sewer main, the applicant/proponent must also:

  -      lodge an unconditional security bond from an acceptable financial institution that will cover Sydney Water’s risk for this work;          and

-        the applicant’s/proponent’s acceptance in writing to the bond conditions that will be provided in another agreement.

After Sydney Water receives a copy of the successful tender for the work, it can calculate the amount of this bond. Sydney Water will then send that other agreement which will outline this amount.

25     The bond and completed agreement with Sydney Water must be lodged prior to the commencement of works. The bond will be released after works have been completed (this includes lodgement of ‘Work As Constructed’ plans and production and/or recreation of documentation and reports and completion of all the excavation and landscaping works needed for the total project).

Extraordinary Council conditions

26.    Environmental safeguards 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

27.    Prior to the release of a construction certificate a Preliminary Acid Sulfate Soil investigation shall be carried out in accordance with the Acid Sulphate Soil Assessment Guidelines as specified in the ‘Acid Sulfate Soil Manual – 1998’ and shall be submitted to and approved by Council. All works must be constructed in accordance with an Acid Sulfate Soil Management Plan

Reason:     To manage the incidence of acid sulfate soils

28.    The implementation of this development shall not adversely affect the amenity of the neighbourhood or interfere unreasonably with the comfort of surrounding properties by reason of the emission or discharge of noise, fumes, vapour, odour, steam, ash, dust, waste water, waste products, oil or other harmful products.

Reason:     To protect the amenity of the area.

29.    Prior to release of a construction certificate, a Construction Environmental Management Plan shall be prepared and submitted to and approved by Council.  The Plan is to include a Construction Noise Management Plan consistent with the NSW Department of Environment and Climate Change Draft NSW Construction Noise Guidelines.  All works must be carried out in accordance with the requirements of the Construction Environmental Management Plan.

Reason:     To protect the amenity of the area.

30.    Construction activities associated with the development, including the delivery of material to and from the site, shall only be carried out 5 days a week, Monday to Friday between the hours of 7.00am to 5.00pm. No work is permitted to be carried out on weekends or Public Holidays.

Reason:     To protect the amenity of the adjacent residential area.

31.    Prior to release of a construction certificate, an Erosion and Sediment Control Plan will be submitted to and approved by Council. 

Reason:     To protect the amenity of the area.

32.    The landscape maintenance of the site shall be undertaken in accordance with the Vegetation Management Plan for the Oatlands Golf Course prepared by BioDesign & Associates Pty Ltd on October 25 2007 and approved by Council.

Reason:     To protect the amenity of area and the integrity of the adjacent bushland.

33.    Design and implementation for drainage flows to the dam and Vineyard Creek should be undertaken in accordance with the Oatlands Golf Course Water Balance Analysis (report No. X06108.01-01) prepared by Brown Consulting in February 2008.

Reason:     To protect the baseflows to Vineyard Creek

34.    Prior to release of a construction certificate, the applicant shall provide Council with a Water Management Plan for the dewatering of the existing Dam during excavation.  Council must approve the method of removal prior to the commencement of dewatering .

Reason:     To adopt sustainable water practices and protect the baseflow to Vineyard Creek.

35.    Prior to the issue of a construction certificate the applicant shall provide Council with a Safety Management Plan for the works.  This Plan should include Construction and Post Construction Safety Management.  The works are to be carried out in accordance with the Safety Management Plan.

Reason:     Safety during and post construction for workers, golf course users and residents.

36.    The applicant is to provide regular audits to Council, providing information on compliance with conditions of this consent and providing an assessment of the condition of the adjacent Vineyard Creek environment.  These assessments are to be undertaken by a suitably qualified independent person, agreed to by Council.  The first audit is to be submitted six months following the completion of construction and every six months following that.  The timing of the subsequent audits may be subject to negotiation with Council. 

Reason:     Monitoring Compliance

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

 

The motion lapsed through the want of a seconder.

 

FURTHER

MOTION    (Chedid/McDermott)

 

(a)       That consideration of this matter be deferred to enable a mediation meeting to be held at Council Chambers on Saturday, 21 February 2009 at 9.30am, with equal representation of both applicants and objectors, interested Councillors and with an invitation being forwarded to a representative of Sydney Water and the Department of Environment and Climate Change.

(b)       Further, that arrangements for the meeting be left in the hands of Council staff.

 

The further motion was put and carried.

 

DIVISION   The result being:-

 

AYES              The Lord Mayor, Councillor A Issa OAM and Councillors P B Barber, A Bide, J Chedid, G Elmore, J D Finn, P J Garrard, M A Lack, C X Lim, S Lloyd,  P K Maitra, M D McDermott, L E Wearne and A A Wilson.

 

NOES             P Esber.

 

 

 

ADJOURNMENT OF MEETING

 

 

In accordance with Council's decision of 23 October 2000 (Minute No 5712) the meeting adjourned at 8.38 pm for a period of 15 minutes.

 

 

RESUMPTION OF MEETING

 

The meeting resumed in the Council Chamber at 8.53 pm, there being in attendance The Lord Mayor, Councillor A Issa, OAM, and Councillors P B Barber, A Bide, J Chedid, G Elmore, P Esber, J D Finn, M Lack, C X Lim, S Lloyd, P Maitra, M McDermott, L E Wearne and A A Wilson.

 

 

Notices of Motion

 

12.1

SUBJECT          Audit Committee Charter

REFERENCE    F2008/02951 - D01117746

REPORT OF      Councillor A A Wilson. Also Manager Service Audit and Review Memorandum dated 9/2/09.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

10467

MOTION             (Wilson/Chedid)

 

(a)      That Council call for nominations for community representatives on a bi-annual basis.

(b)      That the next appointment of community representatives take place in March.

(c)       That the chair of the committee be a Councillor or a community representative.

(d)      That the current representatives be invited to make an application.

(e)      Further, that Committee’s charter be amended accordingly.  

 

AMENDMENT   (Finn/Esber)

 

(a)      That Council call for nominations for community representatives on a bi-annual basis.                                                                                                                      Council call for nominations for Community Representatives on a      bi-annual                                                                                                                                                                                                                            basis.

(b)      Further, that the chair of the committee be a Councillor or a community representative.

 

The amendment was put and lost.

 

The motion was put and carried.

 

NOTE:       Councillor P J Garrard returned to the meeting at 8.54 pm during consideration of this matter.

 

 

 

QUESTION TIME

 

1

SUBJECT          Development Application for 40 Eleanor Street, Rosehill

REFERENCE    DA/686/2008

FROM                 Councillor John Chedid

10468

Councillor Chedid requested an update on the development application submitted for the Indian Temple located at 40 Eleanor Street, Rosehill and sought advice as to whether it was possible to hold on an on site meeting on this application prior to it being placed before Council.

 

The Group Manager Outcomes and Development advised that this was possible.

 

 

 

2

SUBJECT          Australia Day Bus Loop Service

REFERENCE    F2004/07525

FROM                 Councillor S Lloyd

10469

Councillor Lloyd thanked staff for their hard work on the successful Australia Day event.

 

He added, however, concerns had been raised by the community and members of the residents panel in relation to the Loop Bus Service.

 

Apparently the service had been publicised as running from 6am to midnight, with Horwood and Erby Place Car Parks being pick up points. A number of residents had been left waiting at these car parks without The Loop arriving.

 

Councillor Lloyd asked that that this matter be investigated.

 

 

 

3

SUBJECT          Charity Clothing Bin – Guildford Car Park

REFERENCE    F2004/08730

FROM                 Councillor Glenn Elmore

10470

Councillor Elmore advised that the charity bin located in Guildford Car Park was acting as a defacto tip, with rubbish being deposited in its surrounds.

 

Councillor Elmore added that area was quite unsightly and requested that a report being prepared on this issue, perhaps with a view to removing the bin.

 

The Chief Executive Officer advised that this problem was currently being investigated and a response would be provided to Councillor Elmore.

 

 

 

 

4

SUBJECT          Operational Liaison Officer (OLO) for Lachlan Macquarie Ward

REFERENCE    F2004/06920

FROM                 Councillor Andrew Wilson

10471

Councillor Wilson questioned whether an OLO had been appointed for the Lachlan Macquarie Ward and if so, when he would receive an introduction.

 

The Chief Executive Officer advised an OLO had been appointed and he would arrange for contact to be made with Councillor Wilson.

 

 

 

5

SUBJECT          Abandoned Properties in Woodville Road

REFERENCE    F2004/07564

FROM                 Pierre Esber

10472

Councillor Esber referred to the unsightly abandoned properties located along Woodville Road and requested that action be taken to ensure that the nature strip at these properties were mown.

 

 

 

6

SUBJECT          On-Site Meetings

REFERENCE    F2004/06472

FROM                 Councillor Andrew Bide

10473

Councillor Bide sought advice as to what department within Council issued invites to attendees of on site meetings.

 

The Group Manager Outcomes and Development advised that invites were issued by the Development Services Unit.

 

 

 

 

7

SUBJECT          Outdoor Dining

REFERENCE    F2004/07356

FROM                 Councillor Prabir Maitra

10474

Councillor Maitra sought advice as to whether it was possible for certain restaurants to have umbrellas erected similar to those restaurants along Wigram Street, Harris Park.

 

The Group Manager Outcomes and Development advised that this question would be taken on notice and a response provided to Councillor Maitra.

 

 

 

 

8

SUBJECT          Electronic Voting System

REFERENCE    F2008/00400

FROM                 Councillor Chiang Lim

10475

Councillor Lim requested that he be provided with an update on the possible provision of an Electronic Voting System.

 

The Chief Executive Officer advised that a workshop had been arranged for 25 February 2009 to which a number of companies had been invited to provide a demonstration of their systems.

 

 

 

 

9

SUBJECT          Finance Committee

REFERENCE    F2004/05862

FROM                 Councillor Chiang Lim

10476

Councillor Lim advised that Council had previously resolved to form a Finance Committee to investigate methods of raising additional revenue and sought advice when the committee would commence.

 

The Chief Executive Officer advised that a number of workshops had been set down over the coming months to deal with finance issues and this issue could be addressed at these workshops or at a specific workshop.

 

Councillor Lim advised that the Committee would require input by external persons.

 

The Lord Mayor suggested that Councillor Lim draft a proposed structure and submit for consideration.

 

The Chief Executive Officer added that close attention was being given to financial issues, both long and short term, but encouraged Councillors to utilise the workshop process bearing in mind the need for the budget to be finalised in the near future.

 

 

 

 

 

10

SUBJECT          Alcohol Free Zones Underneath M4

REFERENCE    F2004/09185

FROM                 Councillor Julia Finn

10477

Councillor Finn advised that the issue of erection of alcohol free zone signage underneath the M4 near the cycleway had been raised on numerous occasions with no action being taken.

 

Councillor Lim requested that this matter receive urgent attention.

 

 

 

11

SUBJECT          Large Pothole - Vicinity of Sydney Water Canal - A'Beckett Street, Harris Park

REFERENCE    F2008/04592

FROM                 Councillor Julia Finn

10478

Councillor Finn advised that there was a large pothole along the fence adjacent to the Sydney Water Canal near A’Beckett and Alfred Streets and requested that this matter receive immediate attention as its existence was a safety hazard.

 

 

 

 

12

SUBJECT          Local Government Conference

REFERENCE    F2008/02991

FROM                 Councillor Paul Garrard

10479

Councillor Garrard sought advice as to when the delegates to the recent Local Government Conference would be providing a report to Council on their attendance.

 

Councillor Garrard was particularly interested in a resolution passed by the Conference to oppose the location of pokers machines in clubs and questioned how Council’s delegates had voted on this issue.

 

 

 

 

13

SUBJECT          Civic Place - Court Verdict

REFERENCE    F2008/01797

FROM                 Councillor Michael McDermott

10480

Councillor McDermott sought advice when the court verdict for Civic Place could be expected.

 

The Chief Executive Officer advised that taking into account the recent Christmas Period, the earliest expected date was late March or early April.

 

 

 

 

 

14

SUBJECT          Use of TIFF in Development Application Tracking

REFERENCE    F2005/02497

FROM                 Councillor Lorraine Wearne

10481

Councillor Wearne expressed concern over the use of TIFF files, as opposed to PDF files, in association with DA tracking.

 

Councillor Wearne had received many complaints in relation to the inability of residents to access the TIFF files and requested that the return to the use of PDF files be investigated.

 

The Group Manager Outcomes and Development advised that the matter would be investigated.

 

 

The meeting terminated at 9.15 pm.

 

THIS PAGE AND THE PRECEDING 29 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON MONDAY, 9 FEBRUARY 2009 AND CONFIRMED ON MONDAY, 23 FEBRUARY 2009.

 

 

 

Lord Mayor