MINUTES OF THE Meeting of Parramatta City Council HELD IN THE Council Chambers, CIVIC PLACE, PARRAMATTA ON Monday, 9 March 2009 AT 6:45 p.m

 

PRESENT

 

The Lord Mayor, Councillor A Issa, OAM, in the Chair and Councillors P B Barber, A Bide, G J Elmore, P Esber, J D Finn (arrived 6.53 pm), P J Garrard (Deputy Lord Mayor), C X Lim (arrived 6.50 pm), S D Lloyd, P K Maitra (arrived 6.50 pm), M D McDermott and A A Wilson.

 

 

ACKNOWLEDGEMENT TO TRADITIONAL LAND OWNERS

 

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

 

 

MINUTES

 

 

 

SUBJECT          Minutes of the Regulatory Council Meeting held on 23 February 2009

10519

RESOLVED      (Esber/Lloyd)

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 absence of Councillors J Chedid, M Lack and L E Wearne.

 

 

DECLARATIONS OF INTEREST

 

1             Councillor P Esber declared a pecuniary interest in relation to Item 11.4 of Development Applications regarding 13-15 Kleins Road and 30-36 Briens Road Northmead as Councillor Esber is a part owner of the site.

 

2             Councillor P B Barber declared a non-pecuniary interest in relation to Item 11.4 of Development Applications regarding 13-15 Kleins Road and 30-36 Briens Road Northmead as Councillor Esber is well known to Councillor Barber.

 

LORD MAYORAL MINUTE

 

1

SUBJECT          Parramatta Eels NRL Team

REFERENCE    F2004/07125

FROM                 The Lord Mayor, Councillor A Issa OAM

10520

RESOLVED       (Issa/Bide)

 

(a)       That Council thank the Parramatta Eels for their support of the Lady Mayoress Bushfire Relief Concert held on Friday 6 March.

(b)       That Council wish the Parramatta Eels every success in the 2009 Telstra Premiership and a victory in their first game of the season against the Warriors on Saturday March 14.

(c)        That Council raise the Parramatta Eels flag at the Parramatta Town Hall on Saturday March 14.

(d)       Further, that Council display Parramatta Eels banners from the City’s street posts.

 

NOTE:       Councillors C X Lim and P Maitra arrived at the meeting at 6.50 pm during consideration of this matter.

 

 

PUBLIC FORUM

 

1

SUBJECT          Public Forum and the Processing of DAs

REFERENCE    F2004/064722

FROM                 Bruce Berry

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

10521

 

 

QUESTIONS

 

By Mr Bruce Berry:-

 

“1:     Restrictions on the public at Public Forum

 

There have again been efforts at Council to restrict the public from   asking about DAs at Public Forum.

 

(a)       Can council provide any evidence to show that it has improved its administration so that it is now no longer necessary to raise issues at public forum because they have not been addressed through other channels?

 

(b)    If it blocks us at public forum, can Council assure us that it will be able to handle the big increase in formal complaints that will be necessary, taking into account that it is already ignoring complaints, as well as not meeting response deadlines?

 

(c)     Does Council accept that if we are unable to raise matters at public forum, it will be necessary to bring them to the attention of the Ombudsman in the knowledge that he expects resolution of issues without his intervention?

 

(d)    If Council intends to Restrict us to “general policy” matters, can Council name any other area of its administration that is as greatly concerned with policy matters as is assessment and compliance of DAs.

 

2       80 Day Blitz and “Good Governance”

 

At public forum on 9 February 09 I was prevented from asking how Council will justify its approval of so many back-logged DAs. I was later provided with an answer, but it does little more than assure us that ‘good governance’ will be maintained. Council said that the backlogged DAs will be moved out and only “in some instances” they “may” be refused.

 

(a)          How will Council achieve this and still convince the public that good governance has not been compromised?

 

(b)          What other factors, apart from the applicant’s failure to provide information requested by Council and not taking the option to appeal to the Court for deemed refusal, have caused the delays? Isn’t it correct that the applicant is given a deadline for the supply of information. I believe 21 days. How many of the DAs fall into these categories and why weren’t they rejected for failing to supply the information.

 

(c)           Why is there this backlog of 80 outstanding DAs when not so long ago Council said it had sufficient assessment officers to handle 1800 DAs a year, while currently the number is only 1100? Why didn’t the “blitz” occur earlier.

 

3       Proof of Commitment

 

Neighbourhood residents, signatories to petitions and particularly those who Council claims live a “considerable distance” away will be required to justify their interests in the issues. Council actually seems to believe that objectors should be told what they can complain about.

 

(a)       Objectors will need to establish the nature of the impact on the amenity of the neighbourhood. Assuming that the objectors know what this means why should they have to do this when Council officers are presumably qualified to do it?

 

(b)       Where objectors raise matters that are outside Council’s guidelines, it is expected that reasons will be given why these matters cannot be accepted, so what purpose will these restrictions serve? It seems to be an unnecessary complication

 

(c)        Why is it that the Report to be considered tonight makes no mention of any restrictions placed on submissions in favour of DA’s, yet much is said about restrictions on objectors.

 

(d)       Council suggests that if it rejects submissions because it believes that the objectors live a “considerable distance” away and also that merit of the objections have not been established, these objections can be made through Compliments and Complaints Policy.

 

            Why should we have confidence in this procedure when there is evidence to show that council does not follow this policy?

 

            Does Council believe that even though objectors may live a considerable distance from the DA site, they are entitled to draw attention to what they see as continuing abuses in DA assessment and other areas, which should be taken into account in the DA currently being assessed? If not, Why not?

 

            What chance is there that the Complaints Policy procedures will be able to handle the many more complaints in time to have any  positive effects on the assessment of the DA? Won’t this slow things up even more?”

 

RESPONSE By: Ms Sue Weatherley - Group Manager Outcomes and Development

 

“1      Restrictions on the public at Public Forum

 

Public participation in Council meetings is governed by the Public Forum provisions shown in Section 17 of Council's Code of Meeting Practice which was adopted by Council in October 2008.

 

At its meeting of 23 February 2009 Council resolved to refer the matter of Public Participation in Council meetings to a workshop for Council consideration.

 

Any significant change to Council's adopted Code of Meeting Practice would be subject to public exhibition and consideration of submissions in accordance with the Local Government Act 1993.

 

2       80 Day Blitz and “Good Governance”

 

Current DA assessment times are not acceptable.  The Council has given a clear direction that this must be improved.  A key factor to improving assessment times generally is to ensure that very few applications are assessed beyond the statutory time frame of 40 days or 60 days.  Therefore it has been necessary for Council officers to ensure that the older DAs are all reviewed to determine whether they can be resolved.  Some will be refused, some will be approved as is our standard process.  The quality of the assessment will not be compromised.

 

As part of internal review Councillor officers are reviewing all our process against the recommendation of ICAC good governance for DA assessment, and a report on this review will be presented to the Council in due course.

 

3       Proof of Commitment

 

All submissions to DAs made in accordance with the provisions of the Environmental Planning and Assessment Act will be assessed on their merits.”

 

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

 

 

 

 

 

2

SUBJECT          Statement in relation to the Westmead Catholic Educational Precincts

REFERENCE    DA853/2008

FROM                 Mr. Gregory Whitby, Executive Director of Schools, Dioceses of Parramatta

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

10522

STATEMENT:

 

By Mr. Gregory Whitby, Executive Director of Schools, Dioceses of Parramatta:-

 

Catholic education in Parramatta:

 

Catholic schools have a strong tradition of providing quality education in Australia and we are committed to responding to the needs of our families in the western Sydney region.

 

Within Parramatta City, there are:

·        10 primary schools

·        6 secondary schools

·        8,000 students

Bringing employment to 670 (full time equivalent) teachers and staff

 

Demand for Catholic schooling:

·        There is significant demand for Catholic schooling in the area

·        Existing schools are at maximum capacity

·        Sacred Heart Primary, Westmead is unable to expand on its current parish site

·        Demand is expected to increase with expected growth rates in employment and higher residential densities.

 

About the precinct:

The precinct, which is located on an 8.49 hectare site in the heart of Westmead, will include:

·             Catherine McAuley Westmead - girls’ secondary school of 1,000 students.

·             Parramatta Marist High - boys’ secondary school of 1,000 students

·             a new two-stream coeducational primary school.

·             potential for a Catholic Preschool and Out of School Hours (OOSH) service and Catholic Trade Training Centre.

The precinct is based on contemporary educational and design principles including:

·        a commitment to improving learning outcomes for all students.

·        the creation of environments that will foster innovative learning and teaching strategies.

·        prudent stewardship by sharing of facilities and resources, where practicable.

·        the application of the best we know and understand about learning in today’s world.

 

Over $40 million investment:

·        This is the Diocese of Parramatta’s most significant investment in educational infrastructure in western Sydney for the next five years.

·        The precinct has the unqualified support of the Diocese of Parramatta and is committed to catering for primary schooling on the site

·        We have worked with the Marist Brothers who own a part of the land and the Mercy Sisters – both congregational orders founded Catholic education on the site in 1966

·        While the decision was not made at the local school community level, we have worked with our school communities in revising the master plan and learning spaces that will benefit their students

·        Our focus on the provision of contemporary schooling is aligned with the vision of the Australian Government in Building the Education Revolution.

·        The timing of the project will help create local jobs and stimulate the economy, which are critical in the current economic climate.

Traffic Management:

A traffic management assessment was conducted by independent traffic management consultants, Stapleton Planning and Transport (STAP). The traffic management plan has been lodged with the master plan for DA approval.

The Traffic Management Plan:

·        includes significant infrastructure (roads, two storey carpark, kiss and drop zone, dedicated bus set down, etc)

·        provides solutions that seek to rectify the current adverse traffic conditions on Darcy Road highlighted by the school community and confirmed by the consultants.

·        accommodates increased demand for access to the site from the primary school

·        does not impede in any way, the possibility of further changes to accommodate the expansion of areas adjoining the site, if and when they occur

·        has been rigorously tested using various modelling programs

·        will include staggered school hours for primary and secondary to spread peak traffic and collaborative approach to traffic  management by the schools on the site to ensure student and staff safety

 

We recognise the current issues for our school and the broader community and are fully committed to providing effective traffic solutions. Some of the concerns to the development could be because of the failure of the current traffic situation, and fears this won’t be rectified with the development. Our advice is that our proposal will rectify the situation and ensure a workable solution into the future. We respect the concerns of the community in relation to the traffic situation.

 

Call for Support:

 

We ask for the Council’s support in progressing this development application as a matter of priority, given the Australian Government’s emerging agenda and the significant demand for Catholic education in the local area.

 

Response by the Lord Mayor, Councillor A Issa OAM

 

The Lord Mayor advised that the Development Application regarding this matter would most likely be considered at the Council Meeting to be held on 14 April 2009.

 

 

 

 

3

SUBJECT          Statement in relation to the Westmead Catholic Educational Precincts 

REFERENCE    DA/853/2008

FROM                 Ms. Margery Jackman, School Principal Catherine McAuley, Westmead

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

10523

 

STATEMENT:

 

By Ms. Margery Jackman, School Principal Catherine McAuley, Westmead:-

 

Benefits to Catherine McAuley:

The redevelopment of the precinct will benefit the Catherine McAuley school community by:

·             the upgrade and/or replacement of existing facilities and demountables

·             improved functionality and flexibility of facilities to better support contemporary learning practices

·             addressing the shortfalls in existing McAuley learning spaces

o            permanent learning areas increase by more than 70%

o            specialist learning spaces (e.g. Art, TAS) increase by more than 90%

·             providing alternative indoor assembly, sporting and multipurpose spaces

Consultation with school community:

The principal has made every effort to consult the school community about the delivery of quality learning spaces via:

·             consultation with leadership teams and school-based working groups (teachers, OHS, parent reps etc)

·             regular parent communication via meetings and newsletters

The submitted master plan reflects significant changes as a result of school community involvement.

The Catherine McAuley school community supports the development of a modern, up-to-date and flexible learning environment suited to today’s learning needs, and reflective of the particular context and traditions of our school.

Response by the Lord Mayor, Councillor A Issa OAM

 

The Lord Mayor advised that the Development Application regarding this matter would most likely be considered at the Council Meeting to be held on 14 April 2009.

 

 

 

 

4

SUBJECT          Statement in relation to the Westmead Catholic Educational Precincts

REFERENCE    Da/853/2008

FROM                 Brother Patrick Howlett, School Principal, Parramatta Marist High

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

10524

 

 

STATEMENT:

 

By Brother Patrick Howlett, School Principal, Parramatta Marist High:-

 

Benefits to Parramatta Marist

 

The redevelopment of the precinct will benefit the Parramatta Marist school community by:

·             the upgrade and/or replacement of existing facilities

·             improved functionality and flexibility of facilities to better support Parramatta Marist’s learning framework

·             address shortfalls in Marist learning spaces

o            permanent learning areas more conducive to project-based learning

o            specialist learning spaces (e.g. Art, TAS) increase by more than 60%

o            outdoor spaces are consolidated and aggregated and increase by more than 5%

·             increase outdoor passive and active recreational areas by consolidating disparate spaces to improve supervision and usability

·             increase indoor assembly, sporting and multipurpose spaces

Consultation with school community:

Since the announcement of the proposed development on 21 May 2008, Parramatta Marist community has been consulted via:

·             consultation with leadership teams and school-based working groups (teachers, OHS etc) to determine final master plan

·             regular communication via staff meetings and CEO website and newsletters

·             The Catholic Education Office has informed the wider community via their website and local media

The Parramatta Marist school community believes the development will enhance the learning and teaching of its students.

Response by the Lord Mayor, Councillor A Issa OAM

 

The Lord Mayor advised that the Development Application regarding this matter would most likely be considered at the Council Meeting to be held on 14 April 2009.

 

 

 

5

SUBJECT          Approval Authorities relating to development and DAs Not on Exhibition

REFERENCE    F2004/06403

FROM                 Mr Barry Benson

 

Note

The Lord Mayor advised that the 15 minutes allowable for Public Forum had now elapsed and advised that the Public Forum question raised by Mr Benson would be deferred to the next Council Meeting.

 

PETITIONS

 

1

SUBJECT          Speeding Vehicles - Cross Street, Guildford

REFERENCE    F2004/07364 - D01157521

FROM                 M Koot and others

10525

RESOLVED       (Elmore/Garrard)

 

That the petition be received and referred to the appropriate Council Officer and the Parramatta Traffic Committee for report on the issues raised in the petition.

 

 

Regulatory Reports

 

7.1

SUBJECT          Draft LEP for 181 James Ruse Drive, Camellia REFERENCE    F2006/01198 - D01147173

REPORT OF      Project Officer - Land Use and Transport Planning

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

10526

MOTION             (Barber/Finn)

In relation to 181 James Ruse Drive, Camellia

 

(a)     That an amendment to Schedule 1 of the Parramatta draft comprehensive  LEP be made, prior to the public exhibition of the plan, to include in accordance with clause 2.5 of the draft LEP, a reference to the Costco outlet as a restricted retail premises.

(b)     That Council not support the following:

1       Increasing the extent of retail uses permitted in the B5 Business Development zone.

2       Increasing the height and FSR controls to 21 metres and 2.5:1 respectively.

 

AMENDMENT   (Garrard/Esber)

 

In relation to 181 James Ruse Drive, Camellia

 

(a)   That an amendment to Schedule 1 of the Parramatta draft comprehensive  LEP be made, prior to the public exhibition of the plan, to include in accordance with clause 2.5 of the draft LEP, a reference to the Costco outlet as a restricted retail premises.

(b)   That Council not support increasing the height and FSR controls to 21 metres and 2.5:1 respectively.

(c)       Further, that due to the importance of the Camellia peninsula and its interface with Parramatta and its present rundown appearance, Council supports the inclusion of specialty retail into the objectives of the B5 zone.

 

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

 

DIVISION    The result being:

 

AYES          The Lord Mayor, Councillor A Issa, OAM and Councillors A Bide, P Esber, J D Finn, P J Garrard, C X Lim, S D Lloyd, P K Maitra, M D McDermott and A A Wilson.

 

NOES         Councillors P B Barber & G Elmore.

 

 

 

 

7.2

SUBJECT          Processing and Administration of Development Applications

REFERENCE    F2004/06472 - D01137751

REPORT OF      Manager Land Use and Transport Planning. Also Group Manager Outcomes and Development Email dated 9 March 2009 enclosing copy of Group Manager Outcomes and Development Memorandum dated 11 February 2009.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

10527

MOTION              (Esber/Bide)

 

(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 for a period of 12 months to:

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

                              i.    There are not more than 7 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;

                          iii.    deleted; 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.       deleted;

                           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.

(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:

           a)     Where 10 or more objections have been made.

  b)    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)       Further, 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   (Finn/Barber)

 

(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 in cases where the child care centre is located in areas supported by DCPs.

(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. Further, the PCC policy of recording each objector on a petition as a single objection reflect the one objection per household policy.

(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.

 

The amendment was put and lost.

 

The motion was put and carried.

 

 

 

7.3

SUBJECT          List of Future On-site meetings

REFERENCE    F2004/08629 - D01145686

REPORT OF      Team Leader - Development Assessment

10528

RESOLVED       (Barber/Esber)

 

(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.

 

 

 

 

7.4

SUBJECT          Reporting Variations to Standards under SEPP 1

REFERENCE    F2009/00431 - D01146060

REPORT OF      Manager Development Services

10529

RESOLVED       (Garrard/Lim)

 

That the report be received and noted.

 

 

 

DOMESTIC APPLICATIONS TO BE ADOPTED WITHOUT DISCUSSION

 

 

10530        RESOLVED       (Esber/Barber)

 

That Item Nos 10.1, 10.2 and 10.3 of Domestic Applications as listed on the Agenda for the Council Meeting held on 9 March 2009 be adopted in accordance with the Officer’s recommendations.

 

 

 

DIVISION    The result being:-

 

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

 

NOES         None.

 

DEVELOPMENT APPLICATIONS TO BE ADOPTED WITHOUT DISCUSSION

 

 

10531        RESOLVED       (Esber/Barber)

 

That Item Nos 11.1, 11.3, 11.6, 11.7, 11.8, 11.9, 11.10 and 11.11 of Development Applications as listed on the Agenda for the Council Meeting held on 9 March 2009 be adopted in accordance with the Officer’s recommendations.

 

 

 

DIVISION    The result being:-

 

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

 

NOES         None.

 

 

Reports - Domestic Applications

 

10.1

SUBJECT          11 Noller Parade, Parramatta
(Lot 31 DP 521965) (Elizabeth Macarthur Ward)

DESCRIPTION  Demolition of an existing garage, alterations and additions to the existing dwelling including ground and first floor extensions

REFERENCE    DA/172/2008 - Submitted 14 March 2008

APPLICANT/S   The Site Foreman

OWNERS           David Worswick

REPORT OF      Manager Development Services

 

RECOMMENDATION

 

(a)   That Development Application No 172/2008 for the demolition of an existing       garage and ground and first floor alterations and additions to an existing semi-      detached dwelling at 11 Noller Parade, Parramatta, 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.

(b)     That Council support the variation to Clause 290 (2) of SREP No 28 under the provisions of SEPP1.

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

 

 

NOTE: This matter was adopted under Minute No 10530 – Domestic Applications To Be Adopted Without Discussion.

 

 

 

 

 

10.2

SUBJECT          10 New York Street, Granville
(Lot 101, DP 827912) (Woodville Ward)

DESCRIPTION  Construction of a two storey dwelling house

REFERENCE    DA/659/2008 - Submitted 1 October 2008

APPLICANT/S   Firstyle Homes Pty Ltd

OWNERS           Ms M Conlon

REPORT OF      Manager Development Services

 

RECOMMENDATION

 

(a)      That Development Application No 659/2008 for the construction of a two storey dwelling house at 10 New York Street, Granville be approved subject to the conditions of consent in Attachment 1 of this report.

(b)      That Council support the variation to Clause 38 of the PLEP 2001 under the provisions of SEPP 1.

 

NOTE: This matter was adopted under Minute No 10530 – Domestic Applications To Be Adopted Without Discussion.

 

 

 

 

 

10.3

SUBJECT          Shop 1, 25 Smith Street Parramatta
(Lot 1 DP 1098507) (Arthur Phillip Ward)

DESCRIPTION  Section 96 1(a) modification to an approved restaurant. The modifications include changes to the internal layout of the restaurant.

REFERENCE    DA/114/2008/A - Submitted 15 December 2008

APPLICANT/S   Mr R Lee

OWNERS           Smith Street Pty Ltd

REPORT OF      Manager Development Services

 

RECOMMENDATION

 

That  the Section 96 Modification 114/2008/A be approved for changes to the internal layout of the restaurant, including the increase in the kitchen floor area at shop1/25 Smith Street Parramatta, subject to the conditions of consent in Attachment 1 of this report.

 

NOTE: This matter was adopted under Minute No 10530 – Domestic Applications To Be Adopted Without Discussion.

 

 

 

Reports - Development Applications

 

11.1

SUBJECT          197 Church Street, Parramatta (Cor Lot 1 DP 710335) (Arthur Phillip Ward)

DESCRIPTION  Section 96(2) modification to approved internal and external alterations to a heritage listed commercial building including the provision of an additional awning and alterations to the external color scheme.

REFERENCE    DA/35/2008/A - Submitted 27 October 2008

APPLICANT/S   Grant Simmons Architects Pty Ltd

OWNERS           Holdmark Properties Pty Ltd

REPORT OF      Mamager Development Serives

 

RECOMMENDATION

 

(a)     That Council modify Development Consent No. 35/2008 dated 14 July 2008 in the following manner:

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

 

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

 

Document

Dated

 

Proposed Elevations – Marsden Street frontage. Project No. 0710. Drawing No. 09. Issue B

21 October 2008

Ground Floor Plan – Project no. 0710. Drawing No. 06. Issue B

21 October 2008

Level 1 Plan – Project no. 0710. Drawing No. 07. Issue C

21 October 2008

Marsden Street Sections – Project no. 0710. Drawing No. 10. Issue B

21 October 2008

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

 

Condition No. 22 is to be modified to read as follows;

 

No internal works shall be undertaken to the south-eastern portion (portion with the Church Street/Macquarie Street frontage) of the site as marked in red.

 

Reason: To limit the internal works to the north-western portion of the site to maintain the heritage significance of the building.

 

Condition No. 26 is to be deleted.

   

And that the following conditions are to be added to the consent:

 

1a)           The vertical wall sign which appears on Drawing No. 09, Project No. 0710, Issue B is not to be installed as marked in red. A separate application is to be obtained for this sign.

Reason: To ensure consistency with the approved plans.

 

1b)           The colours used for the repainting of the Macquarie Street façade are to be similar to the colour schedule which currently appears on the façade.

                 Reason: To ensure an appropriate colour palette for the heritage item.

 

NOTE: This matter was adopted under Minute No 10531 – Development Applications To Be Adopted Without Discussion.

 

 

 

 

 

11.2

SUBJECT          64 Tintern Avenue, Telopea (Lot 9 DP 560941) (Elizabeth Macarthur Ward)

DESCRIPTION  Demolition and construction of an attached two storey dual occupancy development.

REFERENCE    DA/625/2008 - 1 September 2008

APPLICANT/S   Residential Logistics Pty Ltd

OWNERS           Mrs L J Van Aanholt

REPORT OF      Manager Development Services

10532

RESOLVED       (McDermott/Wilson)

 

(a)       That development application (DA/625/2008) which seeks approval to demolish, and construct an attached two storey dual occupancy development be approved, subject to conditions of consent in Attachment 1 of this report together with an additional condition requiring that the cost of the co joining fence between 62 and 64 Tintern Avenue to be borne by the applicant.

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

 

DIVISION   The result being:

 

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

 

NOES        Councillor P B Barber .

 

 

 

 

11.3

SUBJECT          37 Midson Road, Eastwood (Lot 100 DP 1068077) (Elizabeth Macarthur Ward)

DESCRIPTION  Section 96(1A) Modification to DA/582/2005 for the refurbishment of the Patent Kiln building, demolition of the mill building and construction of part 5 and part 6 storey building. Modifications include internal modification to apartments contained within the Mill Building including the conversion of 2 storey units to single storey units.

REFERENCE    DA/582/2005/D - 18 September 2008

APPLICANT/S   A V Jennings Properties SPV No. 7 Pty Limited

OWNERS           Brickworks Limited

REPORT OF      Manager Development Services

 

RECOMMENDATION

 

(a)       That development application (DA/582/2005/D) be modified pursuant to the provisions of Section 96 of the Environment Planning and Assessment Act 1979, subject to the conditions as outlined in Attachment 1 of this report.

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

 

NOTE: This matter was adopted under Minute No 10531 – Development Applications To Be Adopted Without Discussion.

 

 

 

 

 

11.4

SUBJECT          FURTHER REPORT: 13-15 Kleins Road and 30-36 Briens Road Northmead (Lots 1-5 DP 15342 and Lot B DP 320582) (Arthur Phillip Ward)

DESCRIPTION  Demolition and construction of a 2 storey mixed use development containing a supermarket and 9 residential units over basement parking for 66 vehicles.

REFERENCE    DA/212/2008 - 

APPLICANT/S   Milestone Management Pty Ltd

OWNERS           See Executive Summary for Owners

REPORT OF      Manager Development Services

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

10533

MOTION              (Lim)

 

(a)     That Development Application No. 212/2008 for demolition and the construction of a mixed use development containing 9 residential units and a supermarket be approved, subject to standard and the following extraordinary conditions:

1.      Deliveries to the supermarket may only occur between the hours of 7.00am to 2.30pm, and between the hours of 6.00pm to 10.00pm. From Monday to Friday only one articulated vehicle delivery is permitted during the hours of 7.00am to 8.30am.

Reason: To protect the amenity of the adjoining residential flat building in Howard Avenue and to ensure that deliveries occur at appropriate times.

2.      The trading hours of the supermarket are restricted to 7.00am to 9.00pm daily.

Reason: To protect the amenity of the area.

3.      The fence/wall to the southern side of the patios for units 2-8 is to have a minimum height of 1600mm above the level of the adjacent pedestrian pathway.

Reason: To provide adequate privacy to the patios.

4.      One of the proposed units is to be an adaptable dwelling in accordance with the Australian Standard No. 4299. Revised plans demonstrating compliance with this requirement are to be submitted for the approval by the Principal Certifying Authority prior to the issue of the Construction Certificate.

Reason: To ensure compliance with Part 4.4.3 ‘Housing Diversity and Choice’ of Parramatta DCP 2005.

5.      The garbage compactor shall only be used during the hours of 7.00am to 10.00pm.

Reason: To protect the amenity of the area.

6.      A roundabout is to be constructed at the intersection of Kleins Road and Balmoral Road, and a concrete median island is to be provided in Kleins Road from the proposed roundabout at the intersection of Balmoral Road and Kleins Road to the intersection of Kleins Road and Briens Road. 

A detailed plan for the construction of the roundabout and the concrete median island, including associated signposting and linemarking, is to be submitted to Council for approval at least 4 months prior to occupation of the building.  The approval for the construction of the roundabout is to be obtained prior to the issue of the construction certificate. The construction of the roundabout and concrete median island is to be completed to Council’s satisfaction prior to occupation of the building.

All costs associated with the design and construction of the roundabout and the median are to be borne by the consent holder.

Reason: Traffic Safety.

7.      Seventy-four (74) off-street parking spaces (including 2 disabled parking spaces) are to be provided, permanently marked on the pavement and used accordingly, as per the approved plans. The dimensions for resident’s 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 spaces are to have dimensions of 3.8m wide x 5.5m long in accordance with Parramatta DCP 2005 as indicated on the approved plans.

Reason: Traffic Safety.

8.      The combined entry and exit driveway for the at grade parking area and loading dock access, plus the driveway for basement access is to be provided in accordance with the approved plans. The driveway is to be constructed according to AS 2890.1- 2004 and Council’s specification. Traffic calming devices (speed humps or similar) are to be provided within the carparking area in the basement for safety reasons.

Reason: Traffic Safety.

9.      Driveway and ramp gradients shall comply with Clause 2.5.3 and Clause 3.3 of AS2890.1-2004. Column locations to be in accordance with AS 2890.1-2004. Traffic facilities, such as; wheel stops, bollards, kerbs, signposting, pavement markings, lighting and speed humps, shall comply with AS2890.1-2004. Details of compliance with this condition are to be included on the plans submitted with the application for construction certificate.

Reason: Traffic Safety.

10.    Clear sight lines shall be provided at the property boundary line to ensure adequate visibility between vehicles leaving the carpark and pedestrians along the Kleins Road footpath (in accordance with Figure 3.3 of AS 2890.1-2004).  Any landscaping, fences or walls in this area are to be no greater than 0.6m higher than the boundary level at the driveway.  Details of compliance with this condition are to be included on the plans submitted with the application for construction certificate.

Reason: Traffic Safety.

11.    The minimum available headroom clearance for the basement carpark 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. Details of compliance with this condition are to be included on the plans submitted with the application for construction certificate.

Reason: Traffic Safety.

12.    A convex mirror to be installed within the ramp access for the basement carpark (one near the entry driveway and 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. Details of compliance with this condition are to be included on the plans submitted with the application for construction certificate.

Reason: Traffic Safety.

13.    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: Traffic Safety.

14.    Full time "No Stopping" restrictions are to be implemented along the Briens Road frontage of the development site.  This restriction should be implemented prior to the commencement of any demolition works relating to the proposed development.   Prior to the installation of the parking restrictions, the applicant is to contact the RTA's Traffic Management Services on phone: (02) 8849 2030 for a works instruction. 

Reason: Traffic Safety.

15.    Full time "No Stopping" restrictions to be installed along the site's entire Kleins Road frontage and full time "No Parking" restrictions to be installed along the site's entire Howard Avenue frontage, subject to the approval of the Parramatta Traffic Committee under Delegated Authority, prior to final occupation of the premises.  Details are to be submitted to Council for approval at least 4 months prior to occupation of the building.  The “No Stopping” and “No Parking” restrictions are to be implemented prior to occupation of the building.

Reason: Traffic Safety.

16.    A pedestrian crossing is to be marked on the pavement from the at grade staff parking area to the kerb ramp that provides access to the pedestrian ramps. The at-grade car parking spaces are to be used and signposted for employees only. The linemarking and provision of signage is to occur prior to the issue of the occupation certificate.

Reason: Traffic Safety.

17.    Prior to the issue of a construction certificate a detailed plan showing the surface treatments for the at grade car park shall be submitted to Council for approval. The plan shall include details of the colours and/or textures that will be used to provide an aesthetically appealing surface treatment to the car park.

Reason: To ensure that the development has an acceptable impact on the visual qualities of the streetscape.

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

 

The motion lapsed for want of a seconder.

 

FURTHER

MOTION    (Finn/Maitra)

 

(a)     That Development Application No. 212/2008 for demolition and the construction of a mixed use development containing 9 residential units and a supermarket be approved, subject to standard and the following extraordinary conditions:

1.      Deliveries to the supermarket may only occur between the hours of 7.00am and 8.00am, 10.00am to 2.30pm and  6.30pm to 10.00pm. From Monday to Friday only one articulated vehicle delivery is permitted during the hours of 7.00am to 8.30am.

Reason: To protect the amenity of the adjoining residential flat building in Howard Avenue and to ensure that deliveries occur at appropriate times.

2.      The trading hours of the supermarket are restricted to 7.00am to 9.00pm daily.

Reason: To protect the amenity of the area.

3.      The fence/wall to the southern side of the patios for units 2-8 is to have a minimum height of 1600mm above the level of the adjacent pedestrian pathway.

Reason: To provide adequate privacy to the patios.

4.      One of the proposed units is to be an adaptable dwelling in accordance with the Australian Standard No. 4299. Revised plans demonstrating compliance with this requirement are to be submitted for the approval by the Principal Certifying Authority prior to the issue of the Construction Certificate.

Reason: To ensure compliance with Part 4.4.3 ‘Housing Diversity and Choice’ of Parramatta DCP 2005.

5.      The garbage compactor shall only be used during the hours of 7.00am to 10.00pm.

Reason: To protect the amenity of the area.

6.      A roundabout is to be constructed either at the intersection of Kleins Road and Balmoral Road or at the intersection of Kleins Road and Beamish Road, and an appropriate concrete median island is to be provided in Kleins Road from the intersection of Balmoral Road and Kleins Road to the intersection of Kleins Road and Briens Road.  Further consultation is required with the Parramatta Traffic Committee and the residents and businesses of Kleins Road, Beamish Road and Balmoral Road. A potential “No Right Turn” sign into Balmoral Road is to be installed at the applicant’s cost subject to further consultation with the Parramatta Traffic Committee and the residents and businesses of Kleins Road and Balmoral Road .

A detailed plan for the construction of the roundabout, the concrete median island, including associated signposting and linemarking, and the additional “No Right Turn” sign, is to be submitted to Council for approval at least 4 months prior to occupation of the building.  The approval for the construction of the roundabout is to be obtained prior to the issue of the construction certificate. The construction of the roundabout and concrete median island is to be completed to Council’s satisfaction prior to occupation of the building.

All costs associated with the design and construction of the roundabout and the median are to be borne by the consent holder.

Reason: Traffic Safety.

7.      Seventy-four (74) off-street parking spaces (including 2 disabled parking spaces) are to be provided, permanently marked on the pavement and used accordingly, as per the approved plans. The dimensions for resident’s 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 spaces are to have dimensions of 3.8m wide x 5.5m long in accordance with Parramatta DCP 2005 as indicated on the approved plans.

Reason: Traffic Safety.

8.      The combined entry and exit driveway for the at grade parking area and loading dock access, plus the driveway for basement access is to be provided in accordance with the approved plans. The driveway is to be constructed according to AS 2890.1- 2004 and Council’s specification. Traffic calming devices (speed humps or similar) are to be provided within the carparking area in the basement for safety reasons.

Reason: Traffic Safety.

9.      Driveway and ramp gradients shall comply with Clause 2.5.3 and Clause 3.3 of AS2890.1-2004. Column locations to be in accordance with AS 2890.1-2004. Traffic facilities, such as; wheel stops, bollards, kerbs, signposting, pavement markings, lighting and speed humps, shall comply with AS2890.1-2004. Details of compliance with this condition are to be included on the plans submitted with the application for construction certificate.

Reason: Traffic Safety.

10.    Clear sight lines shall be provided at the property boundary line to ensure adequate visibility between vehicles leaving the carpark and pedestrians along the Kleins Road footpath (in accordance with Figure 3.3 of AS 2890.1-2004).  Any landscaping, fences or walls in this area are to be no greater than 0.6m higher than the boundary level at the driveway.  Details of compliance with this condition are to be included on the plans submitted with the application for construction certificate.

Reason: Traffic Safety.

11.    The minimum available headroom clearance for the basement carpark 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. Details of compliance with this condition are to be included on the plans submitted with the application for construction certificate.

Reason: Traffic Safety.

12.    A convex mirror to be installed within the ramp access for the basement carpark (one near the entry driveway and 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. Details of compliance with this condition are to be included on the plans submitted with the application for construction certificate.

Reason: Traffic Safety.

13.    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: Traffic Safety.

14.    Full time "No Stopping" restrictions are to be implemented along the Briens Road frontage of the development site.  This restriction should be implemented prior to the commencement of any demolition works relating to the proposed development.   Prior to the installation of the parking restrictions, the applicant is to contact the RTA's Traffic Management Services on phone: (02) 8849 2030 for a works instruction. 

Reason: Traffic Safety.

15.    Full time "No Stopping" restrictions to be installed along the site's entire Kleins Road frontage and full time "No Parking" restrictions to be installed along the site's entire Howard Avenue frontage, subject to the approval of the Parramatta Traffic Committee under Delegated Authority, prior to final occupation of the premises.  Details are to be submitted to Council for approval at least 4 months prior to occupation of the building.  The “No Stopping” and “No Parking” restrictions are to be implemented prior to occupation of the building.

Reason: Traffic Safety.

16.    A pedestrian crossing is to be marked on the pavement from the at grade staff parking area to the kerb ramp that provides access to the pedestrian ramps. The at-grade car parking spaces are to be used and signposted for employees only. The linemarking and provision of signage is to occur prior to the issue of the occupation certificate.

Reason: Traffic Safety.

17.    Prior to the issue of a construction certificate a detailed plan showing the surface treatments for the at grade car park shall be submitted to Council for approval. The plan shall include details of the colours and/or textures that will be used to provide an aesthetically appealing surface treatment to the car park.

Reason: To ensure that the development has an acceptable impact on the visual qualities of the streetscape.

18.    The letter from Aldi Stores dated 6 March 2009 is to be recorded on file and be available to the public upon request.

Reason: To help build a positive and cooperative business community that serves the local residents and passing trade.

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

 

AMENDMENT   (Garrard/Lloyd)       

 

(a)     That Development Application No. 212/2008 for demolition and the construction of a mixed use development containing 9 residential units and a supermarket be approved, subject to standard and the following extraordinary conditions:

 

1.      Deliveries to the supermarket may only occur between the hours of 7.00am to 2.30pm, and between the hours of 6.00pm to 10.00pm. From Monday to Friday only one articulated vehicle delivery is permitted during the hours of 7.00am to 8.30am.

Reason: To protect the amenity of the adjoining residential flat building in Howard Avenue and to ensure that deliveries occur at appropriate times.

 

2.      The trading hours of the supermarket are restricted to 7.00am to 9.00pm daily.

Reason: To protect the amenity of the area.

 

3.             The fence/wall to the southern side of the patios for units 2-8 is to have a minimum height of 1600mm above the level of the adjacent pedestrian pathway.

Reason: To provide adequate privacy to the patios.

 

4.      One of the proposed units is to be an adaptable dwelling in accordance with the Australian Standard No. 4299. Revised plans demonstrating compliance with this requirement are to be submitted for the approval by the Principal Certifying Authority prior to the issue of the Construction Certificate.

Reason: To ensure compliance with Part 4.4.3 ‘Housing Diversity and Choice’ of Parramatta DCP 2005.

 

5.      The garbage compactor shall only be used during the hours of 7.00am to 10.00pm.

Reason: To protect the amenity of the area.

 

6.      A roundabout is to be constructed at the intersection of Kleins Road and Balmoral Road, and a concrete median island is to be provided in Kleins Road from the proposed roundabout at the intersection of Balmoral Road and Kleins Road to the intersection of Kleins Road and Briens Road. 

 

A detailed plan for the construction of the roundabout and the concrete median island, including associated signposting and linemarking, is to be submitted to Council for approval at least 4 months prior to occupation of the building.  The approval for the construction of the roundabout is to be obtained prior to the issue of the construction certificate. The construction of the roundabout and concrete median island is to be completed to Council’s satisfaction prior to occupation of the building.

 

All costs associated with the design and construction of the roundabout and the median are to be borne by the consent holder.

Reason: Traffic Safety.

 

7.      Seventy-four (74) off-street parking spaces (including 2 disabled parking spaces) are to be provided, permanently marked on the pavement and used accordingly, as per the approved plans. The dimensions for resident’s 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 spaces are to have dimensions of 3.8m wide x 5.5m long in accordance with Parramatta DCP 2005 as indicated on the approved plans.

Reason: Traffic Safety.

 

8.      The combined entry and exit driveway for the at grade parking area and loading dock access, plus the driveway for basement access is to be provided in accordance with the approved plans. The driveway is to be constructed according to AS 2890.1- 2004 and Council’s specification. Traffic calming devices (speed humps or similar) are to be provided within the carparking area in the basement for safety reasons.

Reason: Traffic Safety.

 

9.      Driveway and ramp gradients shall comply with Clause 2.5.3 and Clause 3.3 of AS2890.1-2004. Column locations to be in accordance with AS 2890.1-2004. Traffic facilities, such as; wheel stops, bollards, kerbs, signposting, pavement markings, lighting and speed humps, shall comply with AS2890.1-2004. Details of compliance with this condition are to be included on the plans submitted with the application for construction certificate.

Reason: Traffic Safety.

 

10.    Clear sight lines shall be provided at the property boundary line to ensure adequate visibility between vehicles leaving the carpark and pedestrians along the Kleins Road footpath (in accordance with Figure 3.3 of AS 2890.1-2004).  Any landscaping, fences or walls in this area are to be no greater than 0.6m higher than the boundary level at the driveway.  Details of compliance with this condition are to be included on the plans submitted with the application for construction certificate.

Reason: Traffic Safety.

 

11.    The minimum available headroom clearance for the basement carpark 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. Details of compliance with this condition are to be included on the plans submitted with the application for construction certificate.

Reason: Traffic Safety.

 

12.    A convex mirror to be installed within the ramp access for the basement carpark (one near the entry driveway and 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. Details of compliance with this condition are to be included on the plans submitted with the application for construction certificate.

Reason: Traffic Safety.

 

13.    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: Traffic Safety.

 

14.    Full time "No Stopping" restrictions are to be implemented along the Briens Road frontage of the development site.  This restriction should be implemented prior to the commencement of any demolition works relating to the proposed development.   Prior to the installation of the parking restrictions, the applicant is to contact the RTA's Traffic Management Services on phone: (02) 8849 2030 for a works instruction. 

Reason: Traffic Safety.

 

15.    Full time "No Stopping" restrictions to be installed along the site's entire Kleins Road frontage and full time "No Parking" restrictions to be installed along the site's entire Howard Avenue frontage, subject to the approval of the Parramatta Traffic Committee under Delegated Authority, prior to final occupation of the premises.  Details are to be submitted to Council for approval at least 4 months prior to occupation of the building.  The “No Stopping” and “No Parking” restrictions are to be implemented prior to occupation of the building.

Reason: Traffic Safety.

 

16.    A pedestrian crossing is to be marked on the pavement from the at grade staff parking area to the kerb ramp that provides access to the pedestrian ramps. The at-grade car parking spaces are to be used and signposted for employees only. The linemarking and provision of signage is to occur prior to the issue of the occupation certificate.

Reason: Traffic Safety.

 

17.    Prior to the issue of a construction certificate a detailed plan showing the surface treatments for the at grade car park shall be submitted to Council for approval. The plan shall include details of the colours and/or textures that will be used to provide an aesthetically appealing surface treatment to the car park.

Reason: To ensure that the development has an acceptable impact on the visual qualities of the streetscape.

 

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

 

The motion was withdrawn.

 

The amendment became the motion and was put and carried.

 

DIVISION   The result being:

 

AYES           The Lord Mayor, Councillor A Issa, OAM and Councillors A Bide, G J Elmore, P J Garrard, S D Lloyd, M D McDermott and A A Wilson.

 

NOES          Councillors J D Finn, C X Lim and P K Maitra.

 

NOTE:       Councillor P Esber declared a pecuniary interest in relation to this matter, as Councillor Esber is a part owner of the site and took no further part in debate or discussion on this matter.

 

                    Councillor P B Barber declared a non pecuniary interest in relation to this matter, as Councillor Esber is well known to Councillor Barber, and took no further part in debate or discussion on this matter.

 

 

 

 

 

11.5

SUBJECT          101 Wigram Street, Harris Park (Lots 2/3 SEC 1 DP 415)

DESCRIPTION  Internal reconfiguration of a. existing childcare centre and an increase in the number of children in care from 19 to 34.

REFERENCE    DA/760/2008 - 15 October 2008

APPLICANT/S   Branvel Developments Pty Ltd

OWNERS           Mr E Alexoulis and Mrs D Alexoulis, Mr C Alexoulis

REPORT OF      Manager Devlopment Serives

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

10534

 

 

 

 

 

 

 

 

 

MOTION              (Bide/Wilson)

 

That the application be refused on the following grounds:-

1.      Lack of off street parking.

2.      Issues associated with SREP 28.

3.      The proposal is not in the public interest.

 

AMENDMENT   (Esber/McDermott)

 

(a)      That Council grant consent to Development Application No. 270/2008 for the internal configuration of a childcare centre and an increase in the number of children in care from 19 to 34, subject to conditions of consent contained in Attachment 1.

(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           The Lord Mayor, Councillor A Issa, OAM and Councillors P B Barber, G J Elmore, P Esber, J D Finn, P J Garrard, C X Lim, P K Maitra and M McDermott.

 

NOES          Councillors A Bide, S D Lloyd and A A Wilson.

 

 

 

 

 

11.6

SUBJECT          25 Smith Street, Parramatta
(Lot 1 DP 1098507)

DESCRIPTION  Fit-out and use of Shop 4 for the purposes of a beauty salon with associated signage.

REFERENCE    DA/869/2008 - 13 November 2008

APPLICANT/S   Laser Clinics Australia

OWNERS           Smith Street Pty Ltd

REPORT OF      Manager Development Services

 

RECOMMENDATION

 

That Council grant consent to Development Application No. 869/2008, for the use of the premises for the purposes of a beauty salon at Shop 4, 25 Smith Street, Parramatta, subject to conditions of consent contained in Attachment 1.

 

NOTE: This matter was adopted under Minute No 10531 – Development Applications To Be Adopted Without Discussion.

 

 

 

 

 

11.7

SUBJECT          21 Albert Street Granville (cor. Prince St) (Lot A DP 322360) (Elizabeth Macarthur Ward)

DESCRIPTION  Demolition, construction of a terrace housing development containing three units with associated subdivision.

REFERENCE    DA/806/2008 - Submitted 27 October 2008

APPLICANT/S   Ridge Designs - George Melhem

OWNERS           Mr Steve Merheb

REPORT OF      Manager Development Serives

 

RECOMMENDATION

 

(a)       That development Application No. 806/2008 for the demolition of the existing dwelling and garage and the construction of a terrace housing development containing 3 units with associated subdivision on land at No. 21 Albert     Street Granville be approved subject to the conditions of consent in attachment 1 of this report.

 

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

 

NOTE: This matter was adopted under Minute No 10531 – Development Applications To Be Adopted Without Discussion.

 

 

 

 

 

11.8

SUBJECT          5 Crown Street, Harris Park (Lot C DP 326493) (Elizabeth Macarthur Ward)

DESCRIPTION  Use of the existing dwelling as a professional office suite (legal practioners office)

REFERENCE    DA/934/2008 - 8 December 2008

APPLICANT/S   Mr J Bassil

OWNERS           Miss G R Fleming

REPORT OF      Manager Development Services

 

RECOMMENDATION

 

(a)       That Council grant consent to Development Application No. DA/934/2008 for the use of the existing dwelling as a legal practitioner’s office on land at 5 Crown Street, Harris Park, for a period of three years from the date of the Notice of Determination, subject to conditions of consent contained in Attachment 1.

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

 

NOTE: This matter was adopted under Minute No 10531 – Development Applications To Be Adopted Without Discussion.

 

 

 

 

 

11.9

SUBJECT          Shop 3/140 Church Street, Parramatta
(Lot 96 SP 78606) (Arthur Phillip Ward)

DESCRIPTION  Fitout and use of the existing premises as a hairdressing salon with associated signage.

REFERENCE    DA/928/2008 - 

APPLICANT/S   Designer Cut & Beauty Centre

OWNERS           Everest Property Holdings Pty Ltd

REPORT OF      Manager Development Services

 

RECOMMENDATION

 

That Development Application 928/2008 be approved for the internal fitout and use as a hairdressing salon with associated signage at Shop 3 /140 Church Street Parramatta subject to the conditions of Consent in Attachment 1 of this report.

 

NOTE: This matter was adopted under Minute No 10531 – Development Applications To Be Adopted Without Discussion.

 

 

 

 

11.10

SUBJECT          9-11 Cowper Street Harris Park (Arthur Phillip Ward) (Lot 61 DP 633712)

DESCRIPTION  Section 96(2) modification to an approved 9 storey mixed use development. The modifications include provision of an additional 6 apartments (total 53), increasing the footprint of the building and provision of 9 additional carparking spaces (total 75).

REFERENCE    DA/801/2005/A - Submitted 22 July 2008

APPLICANT/S   Cowper Apartments Pty Ltd

OWNERS           Cowper Apartments Pty Ltd

REPORT OF      Manager Development Services

 

RECOMMENDATION

 

(a)       That section 96 application No. 801/2005/A for the provision of an additional 6 apartments (total 53), increasing the footprint of the building and provision of 9 additional carparking spaces (total 75), on land at No. 9-11 Cowper Street Harris Park be approved subject to the conditions contained in attachment No. 1.

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

 

NOTE: This matter was adopted under Minute No 10531 – Development Applications To Be Adopted Without Discussion.

 

 

 

 

11.11

SUBJECT          2 Phillip Street Parramatta (Lots 1 and 2 DP 986344) (Arthur Phillip ward)

DESCRIPTION  Provide tables and chairs for 80 people on the existing mezzanine level in the former church building resulting in an increase to the internal seating capacity of the restaurant from 180 to 260.

REFERENCE    DA/746/2008 - Submitted 10 October 2008

APPLICANT/S   Bavarian Hospitality Group

OWNERS           Kyrod Pty Ltd

REPORT OF      Manager Development Services

 

RECOMMENDATION

 

That Development Application No. 746/2008 for the provision of tables and chairs for 80 people in an existing mezzanine level be approved subject to the condition of consent in attachment 1 of this report.

 

NOTE: This matter was adopted under Minute No 10531 – Development Applications To Be Adopted Without Discussion.

 

 

 

SUSPENSION OF STANDING ORDERS

 

 

10535          RESOLVED              (Wilson/Esber)

 

That Standing Orders be suspended to enable urgent motions to be moved in relation to the success of the Lady Mayoress Bushfire Concert and regarding the Quarterly Review.

 

The Chairperson ruled that the matters were of an urgent nature.

 

 

 

SUBJECT          Success of the Lord Mayor's Bushfire Concert

REFERENCE    F2008/00400

FROM                 Councillor A A Wilson

10536

RESOLVED      (Wilson/Esber)

(a)      That congratulations be extended to everybody involved in the organisation of the Lady Mayoress’ Bushfire Concert including the general public and that Council write to all performers, the Lord Mayor and Lady Mayoress, relevant council officers, newspapers and sponsors expressing Council’s appreciation.

(b)       Further, that a cheque in the amount of $40,000 be forwarded to the bushfire appeal utilising proceeds raised by the Concert, and should there be a minor shortfall from funds raised,  Council cover the outstanding amount.

 

 

 

 

 

SUBJECT          Possible Changes to Council's Budget

REFERENCE    F2008/03683

FROM                 Councillor A A Wilson

10537

RESOLVED      (Wilson/Garrard)

That Council receive a report on the possible following changes:-

1      In the quarterly review, the inclusion of graphs of wages’ costs, number of employees and increases on the previous quarter together with historical data regarding numbers and rates of increased expenditure on employees.

 2      The consolidation of the Arts budget, such budget to be listed with advice on increases over last 8 years being shown and;

3      The elimination of the current policy of buying green power with such funds to be moved into the City of Trees Fund and be used  directly for the planting of trees (not administration) with funds not to be released from this program due to this proposed additional input.

 

 

 

RESUMPTION OF STANDING ORDERS

 

10538        RESOLVED       (Esber/Wilson)

 

That Standing Orders be resumed.

 

 

 

QUESTION TIME

 

 

 

1

SUBJECT          Whistleblowers Protection Policy

REFERENCE    F2009/00449

FROM                 Councillor Paul Barber

10539

Councillor Barber sought advice as to when the report requested at the Council Meeting held on 23 February 2009 in relation to an external whistleblower dedicated ‘phone in’ hotline would be provided to Council as per the Council’s resolution.

 

 

 

 

2

SUBJECT          Guildford Mall - Alcohol Free Zone

REFERENCE    F2004/09185

FROM                 Councillor Glenn Elmore

10540

Councillor Elmore advised that he had received complaints from local residents in relation to the consumption of alcohol in the newly created Guildford Mall.

 

Councillor Elmore requested that the Guildford Mall be made an alcohol free zone.

 

 

 

3

SUBJECT          Masonic Temple

REFERENCE    F2008/04592

FROM                 Councillor Prabir Maitra

10541

Councillor Maitra sought advice as to when the Masonic Temple was converted to a church.

 

 

 

 

4

SUBJECT          Funds from State Government for Art Gallery

REFERENCE    F2005/02624

FROM                 Councillor Prabir Maitra

10542

Councillor Maitra sought advice as to whether Council had received the $5 million for the art gallery.

 

The Chief Executive Officer advised that he had been given verbal assurances by the Premiers Department that the monies were secure. He added that he had requested this assurance in writing.

 

 

 

 

5

SUBJECT          Outbreaks of Cryptosporidium

REFERENCE    F2008/04592

FROM                 Councillor Julia Finn

10543

Councillor Finn sought advice on the status of Granville and Parramatta Swimming Pools following the recent cryptosporidium outbreak and asked how many persons had fallen ill.

 

The Group Manager Outcomes and Development advised that it was her understanding that the outbreak did not involve Council’s pools, however, the matter would be checked and a response provided to Councillors.

 

 

 

 

6

SUBJECT          Lane Charges at Council's Swimming Pools

REFERENCE    F2008/04592

FROM                 Councillor Michael McDermott

10544

Councillor McDermott questioned whether swimming clubs were required to pay lane charges after already having paid entrance fees.

 

If this was the case, Councillor McDermott asked that he be provided with advice on the charges including amount and when introduced.

 

 

 

 

7

SUBJECT          Removal of Old Signage

REFERENCE    F2005/02819

FROM                 Councillor Paul Garrard

10545

Councillor Garrard advised that signage existed in Harry Gapes Reserve in Lavinia Street, Granville that had been signed off by Mr K Willis.

 

Councillor Garrard advised that Mr Willis had been a previous Town Clerk and had left Council’s employ in 1974.

 

He asked that the signage be updated but kept for historical purposes.

 

 

 

 

 

8

SUBJECT          Edward Said - Orientalism Symposium

REFERENCE    F2004/09819

FROM                 Councillor Andrew Bide

10546

Councillor Bide requested that the Chief Executive Officer provide a detailed breakdown of the cost of the Artist Studio hosting the Edward Said, Orientalism Symposium on 6 March 2009.

 

 

 

 

9

SUBJECT          Policy for Holding Controversial Meetings/Symposiums

REFERENCE    F2008/04592

FROM                 Councillor Andrew Bide

10547

Councillor Bide requested that the Chief Executive Officer introduce a policy of placing controversial public meetings or symposiums to Council 3 months prior for advance approval.

 

 

 

 

10

SUBJECT          Leash Free Areas

REFERENCE    F2005/00856

FROM                 Councillor Scott Lloyd

10548

Councillor Lloyd advised that Council had resolved on 28 July 2008, in part, to introduce at leash free areas 3 bins for placement of faeces, ordinance signs and plastic bags for collection of dog faeces.

 

Councillor Lloyd asked when the above works would be completed for Barnett Park, Winston Hills.

 

He added that there existed a mine field of dog faeces at this park and requested that it be cleaned up.

 

 

 

 

11

SUBJECT          Rear Access to Properties Backing onto Barnett Park

REFERENCE    F2008/03516

FROM                 Councillor Scott Lloyd

10549

Councillor Lloyd sought advice as to whether residents with properties backing on to Barnett Park would have rear access to their properties as they have had for the past 40 years, such access enabling the removal of trailers, boats and the like.

 

 

 

 

12

SUBJECT          Placement of Street Numbers Outside Properties

REFERENCE    F2008/04592

FROM                 Councillor Pierre Esber

10550

Councillor Esber sought advice as to whether Council had authority over property owners in the local government area to require the placement of street numbers outside their properties.

 

The Group Manager Outcomes and Development advised that Council had no retrospective power but could condition the requirement in future development consents.

 

Councillor Esber suggested that property owners be asked to provide street numbers in a future rate notice.

 

 

 

 

The meeting terminated at 8.27 pm.

 

THIS PAGE AND THE PRECEDING 35 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON MONDAY, 9 MARCH 2009 AND CONFIRMED ON MONDAY, 23 MARCH 2009.

 

 

 

 

 

Lord Mayor