Minutes of Regulatory Council

MINUTES OF THE Meeting of Parramatta City Council HELD IN THE Council Chambers, CIVIC PLACE, PARRAMATTA ON Tuesday, 14 April 2009 AT 6:45 pm

PRESENT

The Lord Mayor, Councillor A Issa, OAM, in the Chair and Councillors P B Barber (retired at 9.41 pm), A Bide, J Chedid, G J Elmore, P Esber (retired at 8.45 pm), 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 and A A Wilson (retired at 9.49 pm).

ACKNOWLEDGEMENT TO TRADITIONAL LAND OWNERS

The Lord Mayor, Councillor A Issa, OAM acknowledged the Burramatugal 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 Council Meeting held on 23 March 2009

10599

RESOLVED (Esber/Elmore)

That the minutes be taken as read and be accepted as a true record of the meeting with the following amendments:-

1 The acknowledgement to the traditional land owners should read “the Burramatugal Clan of The Darug.”

2 Apologies to read:-

“It be noted that The Lord Mayor, Councillor A Issa OAM was absent due to being in “Vietnam” and his absence be accepted.”

3 Item 14.1 of City Leadership & Management (Minute No 10571) to read, in part:-

“(a) That the Lord Mayor (or nominee) and Councillors A Bide, G Elmore and L E Wearne attend the Local Government Managers Australia (LGMA) National Congress and Business Expo ‘Local Government ... Creating our future’ 24 -27 May 2009 Darwin Convention Centre NT.”

4 Item 5 of Question Time (Minute No 10591) to read:-

“Councillor Bide requested that one of the OLOs walk from the Town Hall to Heritage Centre then from Riverside Theatres and back to the Town Hall identifying the loose dangerous and unsightly pavers in the showcase area of our city.”

MINUTE’S SILENCE

The Lord Mayor, Councillor A Issa OAM offered condolences to Councillor Glenn Elmore on the passing away of his mother over Easter, following which the Chamber observed one Minute’s Silence.

DECLARATIONS OF INTEREST

1 Councillor A Bide declared a non pecuniary interest in relation to Item 12.4 of Development Applications regarding the Development Application submitted in relation to 3 Mahony Road, Constitution Hill as Councillor Bide’s mother and sister reside in close proximity to the subject premises and had submitted an objection in relation to this proposal.

PUBLIC FORUM

SUBJECT Improvements to Development Application Process

REFERENCE F2004/06174 – D01180472

FROM Mr Bruce Berry

10600

QUESTIONS

By Mr Bruce Berry-

“1. At public forum on 9 March 2009 I asked questions about the recent proposal at Council to restrict or prevent the public from speaking about development applications at public forum. My questions were not answered. Instead, I was told that public participation comes under Section 17 of the Code of Meeting Practice, that changes to the Code will be on public exhibition and that a workshop would be set up. I was already well aware of all of this.

I understand that one of the reasons put forward for reviewing public forum is that questions are being repeated. If this is the case, I suggest that it is because answers to the questions were not supplied in the first place.

Can Council show me where it answered the following issues I raised on 9 March and if not, could I have the answers now? :-

§ What improvements has Council made in its administration that would remove the need to raise DA issues at public forum?

§ Can Council assure us that it has the capacity to handle the increased number of complaints that will occur, when Complaints procedures are already not being followed?

§ Does Council accept that if the restrictions are applied it will lead to more appeals to the Ombudsman?

§ If Council intends to restrict the public to “general policy” matters, can Council name any area of its administration that is as much concerned with general policy as is assessment and compliance of DAs?

§ If it is true that the backlog of DAs has occurred because developers have not supplied the information after the 21 day deadline, why haven’t these DAs been rejected because of the failure to supply the information? How many DAs fall into this category?

§ Why is there this backlog when not so long ago Council said that it had sufficient officers to process 1800 DAs per year? There are now only 1100.

2. The response to my questions about Council’s intention to require petitioners and objectors who live a considerable distance away from a DA site to justify their interests was that all submissions on DAs will be assessed on their merits. Has Council also committed itself to proving the merit of its decision making on DAs by providing full reasons for deviations from policy and for its rejection of the objectors’ concerns?

3. My main reason for raising questions at public forum is that the issues are not addressed through normal channels. Responses to the following are well overdue:-

9 St Andrews Pl Rydalmere Why is it that the Conflict of Interest and Code of Conduct issues in relation to a Senior Manager were regarded as a ‘confidential staffing matter” when at least three Councillors were recently put under public scrutiny on alleged Code of Conduct breaches?

When will I be provided with the results of the review that was carried out as a result of the decision making of the Senior Manager? It was to be completed by the end of January 09. I was told that I would be advised accordingly.

Because of the limited time available at public forum, it will be necessary for me to raise unanswered matters at three other development sites at later public forum sessions.

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

“Thank you Mr Berry for your statement. I provided responses to the 3 questions that you asked during public forum at the meeting of 9 March 2009. At that time I stated:

1. Public participation in Council Meetings is governed by the Public Forum provisions shown in section 17 of the Councils 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 for public participation in council meetings to a workshop for Council consideration. Any significant change to Council’s Code of Meeting Practice would be subject to public exhibition and consideration of submissions in accordance with the Local Government Act 1993.

2 Current DA assessment times are not acceptable. The Council has given a clear direction that this must be improved. A key factor to improving processing 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 to ensure that the older DAs are 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 an internal review Council officers are reviewing all our processes 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.

All submissions to DAs made in accordance with the provisions of the EP&A Act will be assessed on their merits.

Response by Lord Mayor, Councillor A Issa OAM:-

“Question 3 falls outside the guidelines stipulated for Public Forum questions as it pertains to a personal and confidential matter. For that reason, a response will not be provided on this question.”

SUBJECT Statement Regarding Development Application for 2 Darcy Road, Westmead

REFERENCE DA/853/2008

FROM Charles Glanville

10601

“I am addressing Council this evening as both Architect and Applicant for the Development Application for the upgrade of facilities at Catherine McAuley High, Parramatta Marist High, and the new Catholic Primary School proposed at Westmead, which will be considered by Council this evening. For those of you who do not know me, I have practiced as an Architect in Parramatta since 1983 and have been involved in civic and community affairs including President of the Parramatta Chamber of Commerce as well as Chamber representative on Council’s Main-Street Committee and Advisory Committee which developed the SREP for Parramatta.

During my professional career we have always approached Development within the Parramatta area in close consultation with all of the relevant Planning Officers of Council.

Thus, in this instance, we have worked closely, from commencement, with your Planning Officers to firstly identify all issues relating to this application which would need to be addressed in an application of this nature and secondly to work our way through them step by step, to ensure that the aims and objectives of the planning process benefits all.

This proposal has generated a lot of Community interest. We have not taken the opportunity to enter into any public debate but, as previously stated, have concentrated our efforts on objectively addressing all of the issues which Council Officers referred.

Thus I endorse the recommendation of the Planning Department to Council for approval of this Consent.

It should be noted that the project, if approved, is ready to commence construction. Approval would be a great stimulus to the building industry in Parramatta as well as enabling the three schools to promote teaching and learning in a first-class, 21^st century learning environment.

Thank you”

NOTE: Councillor L E Wearne left the meeting at 7.02 pm during consideration of this matter.

SUBJECT Statement in Favour of Development Application – 2 Darcy Road, Westmead

REFERENCE DA/853/2008

FROM Mr Greg Whitby – Executive Director of Schools, Diocese of Parramatta.

10602

“Greg Whitby is the Executive Director of Schools, Diocese of Parramatta

has over 30 years experience in education as a teacher and administrator. He is responsible for leading and managing a system of 54 primary and 22 secondary Catholic schools in western Sydney serving 29,000 families, 41,000 students and employing over 4,000 staff.

The need for the precinct

The Westmead Catholic Education Precinct is vital to the provision of quality Catholic schooling in the City of Parramatta. Our existing primary school - Sacred Heart Primary – is at maximum capacity with a current enrolment of 220 students and a waiting list of more than 300 students.

The primary is unable to expand on its current site. The proposed primary within the precinct will eventually cater to 420 students and will serve families seeking a Catholic education within the Westmead area.

The precinct will ensure that our two secondary schools, Catherine McAuley Westmead and Parramatta Marist High continue to provide an excellent standard of education to over 2,000 students within the Parramatta region. The schools have a long and proud tradition and are in need of refurbishment and modernisation in order to continue to cater for the changing nature of schooling in the 21^st century.

Responding to the issues

· This is the Diocese of Parramatta’s most significant investment in educational infrastructure in western Sydney for the next five years and represents over $40 million in investment into schooling into the City of Parramatta

· We have consulted widely with independent experts in relation to the project and believe our plans for the precinct and management of the site will provide effective solutions to current traffic issues

· We have responded to community concerns and continue to work through our school leadership to work with our communities to provide the best learning environments for our students

Call for support

· This project is about learning. It is about improving the learning outcomes of our students and providing professionally rewarding working lives for our staff

· The work we do now in building this educational infrastructure will have a lasting impact on the lives of the students who attend the precinct and on the economic and social fabric of the City of Parramatta for many generations to come.

· Timing for this project is critical, as we would like to open the primary school next year in order to meet the increasing demand. We ask for the council’s support in progressing this development application, as a matter of urgency, to meet the needs of the community in Westmead.”

PETITIONS

SUBJECT Request for Upgrading of Bush Track - Denham Place, Dundas

REFERENCE F2004/06084

FROM K and G Moon and others as tabled by Councillor M McDermott.

10603

RESOLVED (McDermott/Barber)

That the petition be received and referred to the appropriate Council officer.

SUBJECT Objection to Development Application - 1 Sorrell Street, Parramatta

REFERENCE DA/807/2008

FROM B Cox and others as tabled by Councillor M McDermott

10604

RESOLVED (McDermott/McDermott)

That the petition be received and referred to the appropriate Council officer.

SUBJECT Request for Line Marking outside St Monica's School

REFERENCE F2008/05118

FROM St Monica’s Catholic Parish and others as tabled by Councillor J Chedid.

10605

RESOLVED (Chedid/Wilson)

(a) That the petition be received and referred to the appropriate officer for report.

(b) Further, that the matter also be referred to the Baulkham Hills Shire Council Traffic Committee.

NOTE: Councillor L E Wearne returned to the meeting at 7.09 pm during consideration of this matter.

SUBJECT Request for Speed Humps - Claremont Street, Merrylands

REFERENCE F2004/07364

FROM H Harmer and others as tabled by Councillor P J Garrard.

10606

RESOLVED (Garrard/McDermott)

(a) That the petition be received and referred to the appropriate officer for report.

(b) That traffic and speed counts be undertaken in Claremont Street, Merrylands.

SUBJECT Objection to Proposed Brothel at 22 Brodie Street, Rydalmere

REFERENCE DA/48/2009

FROM Parishioners of Holy Name of March Church, Rydalmere as tabled by Councillor P J Garrard

10607

RESOLVED (Garrard/Chedid)

(a) That the petition be received and it be noted that this application has now been refused by Council Staff under delegated authority.

(b) That council seek legal advice immediately to take action in relation to the activity and business of this premises which is presently continuing.

SUBJECT Request for Bus Shelter - 276 Excelsior Street, Guildford

REFERENCE F2004/07497

FROM Residents of Guildford community as tabled by Councillor G Elmore.

10608

RESOLVED (Elmore/Esber)

That the petition be received and referred to the appropriate Council officer for report.

Rescission Motions

7.1

SUBJECT Further Report - Draft Parramatta LEP 2008

REFERENCE F2006/01198 - D01174369

REPORT OF N/A – Rescission Motion

10609

MOTION (Finn/Barber)

“That the resolution of the Ordinary Council Meeting held on 23 March, regarding the Further Report – Draft Parramatta LEP, namely:-

(a) That:-

1 The general agreement reached by Councillors at the workshop on 4 February 2008, on the matters identified on the report to Council of 23 February 2008 (Attachment 3), be included by Council as amendments to the draft LEP, with the deletion of the words “consideration of” from item (b) (3), together with the outcomes of the discussions of Ward Councillors working groups as outlined in Attachment 1.

2 That properties adjoining the ‘Winter House’ at 34 Adderton Road, corner Manson Street Dundas be zoned R2 to provide an appropriate curtilidge for that property. This zoning is to apply to the 2 adjoining properties on all boundaries of the Winter House including Adderton Road, Manson Street and Winter Street.

3 that No 21A Tucks Rd Toongabbie be reclassified as operational in Schedule 4 of the draft LEP

4 That a supermarket be a permissible development in conjunction with the B5 zone proposed for No 181 James Ruse Drive, Camellia

(b) That Council adopt the recommendations relating to the draft Parramatta LEP (PLEP) as reported to Council 15 December 2008 and with the amendments outlined in (a), further:

1 That Council endorse draft Parramatta Local Environmental Plan (Attachments 7 & 8) as amended and seek section 65 certification from the Department of Planning to enable the public exhibition of the draft plan.

2 That Council be informed of the outcome of the certification process prior to the commencement of the formal exhibition and any significant changes be the subject of a further report.

3 That any land reservations required for public transport corridors relating to SREP 18 – Public Transport Corridors be included in draft PLEP prior to exhibition if resolved by the relevant State Government authorities.

4 That Council staff continue the process to further develop a voluntary planning agreement (VPA) for the No 2 Morton Street site with the proponent and the draft VPA be reported back to Council for endorsement with the aim of exhibiting the draft VPA concurrently with draft PLEP.

5 That Council agree in principle to the amalgamation of the City Centre LEP with the draft PLEP and that a further report on the process of amalgamation be presented to Council.

6 That, subject to advice to Council of those changes, should minor errors or anomalies be discovered in the draft PLEP maps or documentation, then those be rectified prior to exhibition of the draft LEP without being referred back to Council providing that any such proposed changes be circulated via email to all councillors with the reservation that upon any 3 councillors lodging a request in writing with the CEO by the close of business the following day, the matter must be brought back before the next Council meeting or if deemed urgent, by the CEO, considered by extraordinary meeting in accordance with s242 of the LG (General) Regulation 2005.

(c) That the informal public information process on the draft LEP be carried out generally as outlined in Attachment 2 to this report prior to any formal exhibition of the draft PLEP.

(d) That the informal public information process be undertaken for a 4 week period.

(e) That the draft LEP as adopted be the subject of a further s64 pre submission meeting as required by the Department of Planning (DoP) and Council be advised of the outcome following that meeting as to the subsequent s65 certification process.

(f) Further, that Council invite the owner(s) of land within the industrial precinct at River West Road, Parramatta, to discuss a separate process by which the rezoning of the land to allow a mix of uses including residential, be considered.

be and is hereby rescinded.”

The motion was put and lost.

DIVISION The result being:

AYES Councillors P B Barber, G Elmore, J D Finn, M Lack and P K Maitra.

NOES The Lord Mayor, Councillor A Issa, OAM and Councillors A Bide, J Chedid, P Esber, P J Garrard, C X Lim, S D Lloyd, M D McDermott, L E Wearne and A A Wilson.

Note

Prior to moving the notice of rescission, Councillor Finn gave notice of an intended foreshadowed motion. The foreshadowed motion was unable to be moved as the notice of rescission was subsequently defeated.

Regulatory Reports

8.1

SUBJECT Draft Policy for the Handling of Unclear, Non-conforming, Insufficient and Amended Development Applications.

REFERENCE F2008/01194 - D01169691

REPORT OF Manager Development Services

10610

RESOLVED (Barber/Lim)

(a) That the policy for ‘Handling of unclear, non-conforming, insufficient and amended development applications’ as shown in Attachment 1 be adopted.

(b) Further, that a review of the Policy be carried out six months after the commencement of the Policy and a report be presented back to Council on the review.

8.2

SUBJECT Variations to Standards under SEPP 1

REFERENCE F2009/00431 - D01171136

REPORT OF Manager Development Services

10611

RESOLVED (Bide/Lim)

That the report be received and noted.

8.3

SUBJECT Extension of Time for Validity of Development Consent

REFERENCE F2005/01043 - D01175486

REPORT OF Manager Development Services

10612

RESOLVED (Chedid/Wearne)

(a) That Council recognise the provisions of section 95A of the Environmental Planning and Assessment Act which allows applicants or any other person entitled to act on a development consent, to apply to Council, before the consent period expires, for an extension of 1 year to the development consent.

Note - The request for an extension of time is limited only to applicants or any other person entitled to act upon a consent that was issued by Parramatta City Council after 10 June 2008.

(b) That the CEO be delegated the function of Council to grant approval to requests for a 1 year extension of time as permitted under section 95A of the Environmental Planning and Assessment Act 1979. The delegated authority of Council to extend the development consent is limited to a period of 2 years.

(c) That Council’s policy on granting approval to a 1 year extension to a development consent does not apply if the application proposes a land use that is identified as a prohibited development in the relevant zone under Draft Parramatta Comprehensive LEP or the gazetted version of the LEP.

(d) Further, that all applications that seek a 1 year extension to the consent must be made in accordance with the provisions of section 95A of the Environmental Planning and Assessment Act 1979 and clause 114 of the Environmental Planning and Assessment Regulation 2000.

COUNCIL MATTERS TO BE ADOPTED WITHOUT DISCUSSION

10613 RESOLVED (Barber/Chedid)

That Item Nos 11.1, 11.2, 11.3 and 11.5 of Domestic Applications and Item Nos 12.1, 12.2, 12.3, 12.5 and 12.8 of Development Applications as listed on the Agenda for the Council Meeting held on 14 April 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, J Chedid, G J Elmore, P Esber, J D Finn, P J Garrard, M A Lack, C X Lim, S D Lloyd, P K Maitra, M D McDermott, L E Wearne and A A Wilson.

NOES None.

Reports - Domestic Applications

11.1

SUBJECT Section 82A Review - 1/46 Wellington Road South Granville (Lot 1 SP 75186) (Woodville Ward)

DESCRIPTION Fitout of unit 1 for the warehouse and repair of air-conditioner units.

REFERENCE DA/73/2008 - DA submitted 6 February 2008

APPLICANT/S Samir AlMansuri and Ruwaida Hamid

OWNERS Samir AlMansuri and Ruwaida Hamid

REPORT OF Manager Development Services

RECOMMENDATION

That Council change its determination and approve Development Application 73/2008 for the fitout and use of unit 1 for warehousing and repair of air-conditioner units at 1/46 Wellington Road South Granville, subject to the conditions of consent in Attachment 1 of this report.

NOTE: This matter was adopted under Minute No 10613 – Council Matters To Be Adopted Without Discussion.

11.2

SUBJECT 20 Fallon Street, Rydalmere
(Lot 64 DP 36565) (Elizabeth Macarthur Ward)

DESCRIPTION Alterations and additions to the existing dwelling house including a first floor addition.

REFERENCE DA/883/2008 - Submitted 17 November 2008

APPLICANT/S Ning Yu

OWNERS Mr L Lin & Ms N Yu

REPORT OF Manager Development Services

RECOMMENDATION

(a) That Council support the variation to Clause 39 of the PLEP 2001 under the provisions of SEPP 1.

(b) Further, that Development Application No. 883/2008 for alterations and additions to the existing dwelling house including a first floor addition on land at 20 Fallon Street, Rydalmere, be approved subject to conditions of consent in Attachment 1 of this report.

NOTE: This matter was adopted under Minute No 10613 – Council Matters To Be Adopted Without Discussion.

11.3

SUBJECT 16 Tristram Street, Ermington
(Lot 161 DP 36566) (Elizabeth Macarthur Ward)

DESCRIPTION Construction of a two storey dwelling with basement garage, inground swimming pool, front fence and retaining walls.

REFERENCE DA/769/2008 - 15th October 2008

APPLICANT/S Mrs D Birol

OWNERS Mrs D Birol

REPORT OF Manager Development Services

RECOMMENDATION

(a) That Development Application No 769/2008 for the construction of a two storey dwelling house with basement garage, inground swimming pool, front fence and retaining walls at 16 Tristram Street, Ermington be approved subject to the conditions of consent in Attachment 1 of this report.

(b) That Council support the variation to Clause 39 of the PLEP 2001 under the provisions of SEPP 1.

NOTE: This matter was adopted under Minute No 10613 – Council Matters To Be Adopted Without Discussion.

DEVELOPMENT APPLICATIONS TO BE BROUGHT FORWARD

That due to the attendance of interested persons in the public gallery, Items 12.6 and 12.7 of Development Applications were brought forward by the Chairperson and considered at this point in the meeting.

11.4

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

DESCRIPTION Use of the existing unit as a mechanical workshop.

REFERENCE DA/529/2008 - DA lodged 25 July 2008

APPLICANT/S Rydalmere Cab Services Pty Ltd

OWNERS Bai Li Holdings Pty Limited

REPORT OF Manager Development Services

10614

RESOLVED (Lim/Issa)

(a) That Development Application No. 529/2008 for the use of the existing commercial unit as a mechanical workshop be approved subject to the conditions found in Attachment 1 to this report and the following extraordinary conditions:

* The drop off and/or pick up of towed or delivered vehicles to and from the site shall only take place in accordance with the approved hours of operation.

Reason: To protect the amenity of the area.

* The mechanical vertical door/entrance be replaced with a noiseless version.

Reason: To protect the amenity of the neighbouring residences.

* The alarm system be replaced so that proper electronic records of dates and times of entry and exit, and such records to be available to Council's Development Control Unit upon request.

Reason: To ensure reasonable compliance to the approved hours of operation.

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

DIVISION The result being:

AYES The Lord Mayor, Councillor A Issa, OAM and Councillors P B Barber, A Bide, J Chedid, 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, L E Wearne and A A Wilson.

NOES None.

11.5

SUBJECT 12 Buyuma Street, Carlingford (Lot 24 DP 229570) (Lachlan Macquarie Ward)

DESCRIPTION Proposed alterations and additions to an existing dwelling including a first floor addition, garage and new retaining wall.

REFERENCE DA/900/2008 - Submitted 24 November 2008

APPLICANT/S JKL Design

OWNERS Ms M J Hwang

REPORT OF Manager Development Services

RECOMMENDATION

(a) That Council supports the variation to Clause 39 of the PLEP 2001 under the provisions of SEPP 1.

(b) Further, that Development Application No. 900/2008 for alterations and additions to an existing dwelling including a first floor addition, garage and new retaining wall on land at 12 Buyuma Street Carlingford, be approved subject to conditions of consent in Attachment 1 of this report.

NOTE: This matter was adopted under Minute No 10613 – Council Matters To Be Adopted Without Discussion.

11.6

SUBJECT 57 Chesterfield Road Epping (Lot 1 DP 8452) (Lachlan Macquarie)

DESCRIPTION Section 96 (1A) Modification to an approved 2 storey dwelling. Modifications include design changes to the rear of the approved dwelling, including the extension of a first floor terrace with a 1.7m high privacy screen, the provision of an underground rainwater tank, modified roof form, rear addition to the ground floor family room and first floor void and aluminium windows to the rear and side elevations in lieu of the timber windows.

REFERENCE DA/786/2006/A - Submitted 3 November 2008

APPLICANT/S Mr E Y Yi

OWNERS Mr E Y Yi and Ms G O Yi

REPORT OF Manager Development

10615

RESOLVED (Wearne/Barber)

That Council modify Development Consent No. 786/2006 in the following manner: Deletion of the extension to the balcony across the rear northern elevation, changes to the rear of the approved dwelling including the extension of a first floor terrace with a 1.7m high privacy screen and the provision of an underground rainwater tank at 57 Chesterfield Road Epping and the consent be modified in the following manner:

(a) Amend condition 1 as shown in attachment 1 of this report.

(b) Add 2 conditions as shown in attachment 1 of this report.

DIVISION The result being:

NOES None.

Reports - Development Applications

12.1

SUBJECT 15 Macquarie Street, Parramatta (Hunter Street Carpark) (Lot 2 DP 1123181)

DESCRIPTION Section 96 to approved alterations to a multi-level carpark by modifying Condition No. 8 that required a new automatic pay station to be provided on the ground level of the car park.

REFERENCE DA/292/2007/A - Submitted: 17 December 2008

APPLICANT/S Capital Projects Unit - Parramatta City Council

OWNERS Parramatta City Council

REPORT OF Manager Development Services

RECOMMENDATION

That Council modify Development Consent No. 292/2007 in the following manner:

1. Delete the third dot point of Condition No. 8; and

2. Add the following condition, “No parking spaces on the ground floor level are to be made available for use as public parking spaces with all ground level spaces to be allocated to tenants”.

NOTE: This matter was adopted under Minute No 10613 – Council Matters To Be Adopted Without Discussion.

12.2

SUBJECT 'The Willows' Retirement Village, 226-236 Windsor Road, Winston Hills

DESCRIPTION Additional housing to the senior's village, comprising a 60 bed care facility, 17 hostel units and 74 self-contained dwellings, strata subdivision, site works and tree removal.

REFERENCE DA/703/2008 - lodged 26th September, 2008

APPLICANT/S Aevum Limited

OWNERS Owner's Corporation SP 34043 The Willows Retirement Village Executive Committee

REPORT OF Manager Development Services

RECOMMENDATION

(a) That Council support the variation to Clause 40(4)(a) of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 under the provisions of State Environmental Planning Policy No.1 (Development Standards)

(b) That Council support the variation to Clause 40(4)(c) of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 under the provisions of State Environmental Planning Policy No.1 (Development Standards)

(c) That development application No.703/2008 which seeks consent for the expansion of ‘The Willows’ Retirement Village, comprising additional accommodation and facilities to the senior's village in the form of a 60 bed care facility, 17 hostel units and 74 self-contained dwellings, strata and stratum subdivision, site works and tree removal on land at 226-236 Windsor Road, Winston Hills, 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.

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

NOTE: This matter was adopted under Minute No 10613 – Council Matters To Be Adopted Without Discussion.

12.3

SUBJECT 2A Hassall Street, Parramatta (Commercial Hotel) Pt Lot 23 in DP 746354 (Arthur Phillip Ward)

DESCRIPTION Alterations and additions to the Commercial Hotel

REFERENCE DA/690/2008 - lodged 19 September, 2008

APPLICANT/S Argos Investments Pty Ltd

OWNERS Argos Investments Pty Ltd

REPORT OF Manager Development Services

RECOMMENDATION

(a) That Council, as the consent authority, is of the opinion that the objection under Clause 24 (Exceptions to development standards) to clause 22D of Parramatta City Centre LEP 2007 (Building Separation) is well founded. That Council is also of the opinion that strict compliance with the development standard is unreasonable and unnecessary in the circumstances of this case as the proposal satisfies the objectives of the development standard and will not compromise the amenity of the locality.

(b) Further, that Council, as the consent authority, being satisfied that the objection under Clause 24 of Parramatta City Centre Plan 2007 is well founded and also being of the opinion that the granting of consent to Development Application No. 690/2008, is consistent with the aims of the Policy, grant consent to DA No. 690/2008 for alterations and additions to the two storey pub at 2A Hassall Street, Parramatta subject to the condition of consent in Attachment 1 of this report.

NOTE: This matter was adopted under Minute No 10613 – Council Matters To Be Adopted Without Discussion.

12.4

SUBJECT 3 Mahony Road, Constitution Hill (Lot 123 DP 12452)
(Caroline Chisholm Ward)

DESCRIPTION Section 96 (AA) modification to an approved multi-unit development containing 8 townhouses. Modifications include internal alterations to Units 1- 4 to create an additional bedroom.

REFERENCE DA/2552/2002/A - 19 November 2008

APPLICANT/S Mr B Kopuz and Mr K Kopuz and Mrs S Kopuz

OWNERS Mr R H Poole and Mrs D M Poole

REPORT OF Manager Development Services

10616

RESOLVED (Chedid/Wilson)

(a) That Council as the consent authority modify Development Consent No. DA/2552/2002 issued by the Land and Environment Court by modifying condition number 1 which relates to the inclusion of additional plans, on land at 3 Mahony Street, Constitution Hill, as shown on the approved plans, subject to the following conditions and adding the following condition:

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
Site Plan and Basement Plan for 3 Mahony Road, Constitution Hill. Project No. 10-02/03. Drawing No. 1 of 3. Issue J.	17 October 08
Ground Floor, First Floor and Attic Plan for 3 Mahony Road, Constitution Hill. Project No. 10-02/03. Drawing No. 2 of 3. Issue J.	17 October 08
Elevations for 3 Mahony Road, Constitution Hill. Project No. 10-02/03. Drawing No. 3 of 3. Issue J.	17 October 08
Site Plan and Basement Plan for 3 Mahony Road, Constitution Hill. Project No. 10-02/03. Drawing No. 1 of 3. Issue J.	17 October 08

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

Add the following condition:

1a) The northern boundary fence shall be of lapped and capped timber construction to a height of 1.8 metres

Reason: To provide consistency between the conditions of consent and the approved plans.

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

DIVISION The result being:

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

NOES Councillor C X Lim.

NOTE: Councillor A Bide declared an interest and temporarily retired from the meeting during consideration and voting on this matter, as Councillor Bide’s mother and sister reside in close proximity to the subject premises and have submitted an objection in relation to this proposal.

12.5

SUBJECT 44 Harris Street, Harris Park
Lot 111 DP 706525 (Elizabeth Macarthur Ward)

DESCRIPTION Construction of a three storey residential flat building containing 9 units over basement car parking with strata subdivision.

REFERENCE DA/612/2008 - Submitted: 23 August 2008

APPLICANT/S Thursdair Eight Pty Ltd

OWNERS Mrs N M Gunnell

REPORT OF Manager Development Services

RECOMMENDATION

(a) That Council support the variation to Clause 29Q(2) of the SREP 28 under the provisions of SEPP 1.

(b) Further, that Development Application No. 612/2008 for construction of a three storey residential flat building containing 9 units over basement car parking and strata subdivision on land at 44 Harris Street, Harris Park be approved subject to conditions of consent in Attachment 1 of this report.

NOTE: This matter was adopted under Minute No 10613 – Council Matters To Be Adopted Without Discussion.

12.6

SUBJECT 2 Darcy Road Westmead Lot 1 DP 1095407 (Arthur Phillip Ward)

DESCRIPTION Demolition, alterations and additions to Catherine McAuley and Parramatta Marist High Schools. Construction of a primary school for 420 students and an out of school hours centre for 50 students. Rationalisation and expansion of vehicular and pedestrian access, on site set down areas and car parking facilities including increasing the number of car spaces from 200 to 262.

REFERENCE DA/853/2008 - Submitted 10 November 2008

APPLICANT/S Glanville Architects Pty Ltd

OWNERS Trustees of the Roman Catholic Church - Diocese of Parramatta

REPORT OF Manager Development Services. Also Senior Development Assessment Officer memorandum dated 14 April 2009.

10617

MOTION (Finn/Barber)

That consideration of this matter be deferred to the next Council Meeting (Regulatory) to enable consideration of Senior Development Assessment Officer Memorandum which was received by Councillors on 14 April 2009.

AMENDMENT (Lim/Chedid)

(a) That development Application No. 853/2008 for demolition, alterations and additions to Catherine McAuley and Parramatta Marist High Schools. Construction of a primary school for 420 students and an out of school hours centre for 50 students. Rationalisation and expansion of vehicular and pedestrian access, on site set down areas and car parking facilities including increasing the number of car spaces from 200 to 262 be approved subject to the conditions of consent in Attachment 1 of this report with conditions 2 and 3 being altered to read:-

2.The length of the right turn bay in Darcy Road opposite gate No. 3 shall be extended in length to 90m. A detailed design of the right turn bay shall be submitted to Council for approval prior to issue of any construction certificate and is to be reflected in the Construction and Traffic Management Plan for the development which is to be submitted to Council prior to the commencement of works. The turn bay shall incorporate a pedestrian refuge island. The consent holder shall bear all costs associated with the design and construction of the extended right turn bay.

Construction of the above mentioned traffic improvement road work must be commenced prior to the commencement of the construction of the building containing the primary school (referred to in the approved plans as Building B) and shall be completed to the satisfaction of Council prior to the primary school commencing operations.

Reason: Safe and efficient operation of the road network.

The existing pedestrian refuge island opposite No. 17-19 Darcy Road to the west of the site shall be removed and two continuous west bound lanes be provided between gate No. 3 and Bridge Street. A detailed design of the road shall be submitted to Council for approval prior to issue of any construction certificate and is to be reflected in the Construction and Traffic Management Plan for the development which is to be submitted to Council prior to the commencement or works. The consent holder shall bear all costs associated with the removal of the pedestrian refuge, rectification works and line marking.

Construction of the above mentioned traffic improvement road works must be commenced prior to the commencement of the construction of the building containing the primary school (referred to in the approved plans as Building B) and shall be completed to the satisfaction of Council prior to the primary school commencing operations

Reason: Safe and efficient operation of the road network.

(b) That the following additional conditions of consent be included:

1 That the northbound Gate 3 exit from the school be widened to 2 lanes from the roundabout to immediately south of Darcy Road. That the kerbside lane is to be for buses only to allow them to avoid traffic queues exiting the site and buses shall have priority at the merge point south of Darcy Road.

Reason: To separate where required bus and private vehicle traffic in order to improve the safety of school children.

2 That the Transport Management Plan, referred to Condition 9, include the erection of fence to divide traffic and pedestrian traffic.

Reason: To separate where required bus and private vehicle traffic in order to improve the safety of school children.

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, J Chedid, P J Garrard, C X Lim, S D Lloyd, M D McDermott and A A Wilson.

NOES Councillors P B Barber, G J Elmore, P Esber, J D Finn, M Lack, P K Maitra and L E Wearne.

NOTE:

1. This item was brought forward and considered after Item 11.4 of Domestic Applications.

2. A notice of motion to rescind this decision was tabled prior to the conclusion of the meeting. The notice of motion was subsequently dealt with as a matter of urgency and defeated under Minute No. 10620.

12.7

SUBJECT Further report - Oatlands Golf Course (Lot 39 in DP808581) 94 Bettington Road, Oatlands & Vineyard Creek reserve (Lot 93 in DP846814) 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 into Vineyard Creek Reserve.

REFERENCE DA/953/2007 - lodged 6th November, 2007

APPLICANT/S Oatlands Golf Club

OWNERS Oatlands Golf Club, Sydney Water & Parramatta City Council

REPORT OF Manager Development Services. Also Senior Development Assessment Officer Memorandum dated 14 April 2009.

10618

RESOLVED (McDermott/Chedid)

(a) That development application DA/953/2007) which seeks consent for the 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 a sewer pipe from the floor of the dam into Vineyard Creek Reserve be granted consent, subject to the revised conditions of consent in Attachment 6 of this report with the following alterations to these conditions:-

1) Replace Condition 12 with a new 12 as follows:

12 A diversion work is to be designed and installed to prevent base flows and environmental health flush flows entering the dam. The diversion work shall be an open channel landscaped with rocks with a minimum capacity equivalent to a 500mm pipe. It is to divert these flows past the dam and release them back into the watercourse immediately below the dam wall. The diversion channel is to be constructed within the existing dam footprint, along the Council Reserve (or eastern) side of the dam. The design is to ensure that only runoff events that surcharge the capacity of the diversion work can flow into the dam for subsequent extraction and use.

Reason: To return base flows and environmental health flush flows to Vineyard Creek. To provide flood mitigation and allow Oatlands Golf Club to satisfy its irrigation requirements and eliminate the use of town water for irrigation. An open channel provides a more natural appearance and allows easier inspection and removal of blockages than a pipe.

2. Change Condition 13 as follows:

Delete “All drainage lines” and replace with “The open channel shall be lined with stone pitching and”

Reason: To protect the amenity of the area and the integrity of the open channel and comply with Conditions 5 and 6.

3) Change Condition 32 as follows:

Delete the full stop and add the following: “except that no construction or retaining wall shall be closer than 15 metres to the waterway which flows from Bettington Road.”

Reason: To protect the amenity of the area, retain the natural environment of the waterway and its surroundings and not exceed the present flow levels.

4) Replace Condition 33 with a new 33 as follows:

33 Design and implementation for drainage flows to the dam and Vineyard Creek should allow all water flow from the Bettington Road arm of the creek to flow directly into the storage dam. The Wesley Street arm of the creek should flow directly to the diversion channel.

5) Change Condition 36 as follows:

Delete “six months following the” and replace with “on”.

Replace reason with the following:

Reason: To make good on previous damage to reserve by removal of exotic plants and current weed infestation evident on along the north-eastern perimeter of the golf course (and above current dam). To be replaced with native trees and plants indigenous to the catchment, with on-going six (6) monthly monitoring compliance.

6) Change condition 37 as follows:

Delete “along the entire northern perimeter of the dam” and replace with “wherever a vertical face within the dam exists”.

7) Delete condition 38. Refer conditions 12 and 33.

8) Change condition 40 as follows:

After “existing footprint of the dam” delete the full stop and add “and shall be no closer than five (5) metres from the north-eastern reserve boundary of that footprint.”

Replace reason with the following:

Reason: To protect and preserve the amenity of the bushland and allow for the open channel as defined in condition 12.

9) Add a new condition 41.

41. From the time of approval of the DA no advanced trees shall be removed without permission of Council’s Bushland Manager.

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

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

DIVISION The result being:

NOES None.

NOTE: This item was brought forward and considered after Item 11.4 of Domestic Applications.

12.8

SUBJECT 109 - 113 George Street, Parramatta (Lots 8 - 11, 16 - 20 DP 1182 and Lots 12 - 13 DP 128929) (Arthur Phillip Ward)

DESCRIPTION Construction of a 14 storey commercial office tower comprising 2 basement car parking levels, ground floor cafe, and up to 6 retail tenancies with associated site works and landscaping.

REFERENCE DA/637/2008 - 5 September 2008

APPLICANT/S Eureka 2 Project 10 Pty Ltd

OWNERS Eureka 2 Project 10 Pty Ltd

REPORT OF Manager Development Services

RECOMMENDATION

(a) That development application (DA/637/2008) which seeks approval for the construction of a 14 storey commercial office tower comprising 2 basement car parking levels, ground floor cafe and up to 6 retail tenancies with associated site works and landscaping be approved subject to a deferred commencement as outlined in Attachment 1 of this report.

(b) That Council support the variations to clauses 21(2), 22(3), 22B(6), 22C and 22D of the City Centre Local Environmental Plan 2007.

NOTE: This matter was adopted under Minute No 10613 – Council Matters To Be Adopted Without Discussion.

MATTER OF URGENCY

10619 RESOLVED (Garrard/Chedid)

That the rescission motion submitted in respect of the development application for 2 Darcy Road, Westmead be dealt with as a matter or urgency.

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

12.6

SUBJECT 2 Darcy Road Westmead Lot 1 DP 1095407 (Arthur Phillip Ward)

REFERENCE DA/853/2008 - Submitted 10 November 2008

APPLICANT/S Glanville Architects Pty Ltd

OWNERS Trustees of the Roman Catholic Church - Diocese of Parramatta

REPORT OF Notice of Rescission

10620

MOTION (Finn/Barber)

That the resolution of the Ordinary Council Meeting held on 14 April 2009 in relation to Item 12.6 of Development Applications regarding the development application for 2 Darcy Road, Westmead, in the following terms:-

“(a) That development Application No. 853/2008 for demolition, alterations and additions to Catherine McAuley and Parramatta Marist High Schools. Construction of a primary school for 420 students and an out of school hours centre for 50 students. Rationalisation and expansion of vehicular and pedestrian access, on site set down areas and car parking facilities including increasing the number of car spaces from 200 to 262 be approved subject to the conditions of consent in Attachment 1 of this report with conditions 2 and 3 being altered to read:-

Reason: Safe and efficient operation of the road network.

3 The existing pedestrian refuge island opposite No. 17-19 Darcy Road to the west of the site shall be removed and two continuous west bound lanes be provided between gate No. 3 and Bridge Street. A detailed design of the road shall be submitted to Council for approval prior to issue of any construction certificate and is to be reflected in the Construction and Traffic Management Plan for the development which is to be submitted to Council prior to the commencement or works. The consent holder shall bear all costs associated with the removal of the pedestrian refuge, rectification works and line marking.

Reason: Safe and efficient operation of the road network.

(b) That the following additional conditions of consent be included:

Reason: To separate where required bus and private vehicle traffic in order to improve the safety of school children.

2 That the Transport Management Plan, referred to Condition 9, include the erection of fence to divide traffic and pedestrian traffic.

Reason: To separate where required bus and private vehicle traffic in order to improve the safety of school children.

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

be and is hereby rescinded.”

The motion was put and lost.

DIVISION The result being:

AYES Councillors P B Barber, G J Elmore, P Esber, J D Finn, M Lack, P K Maitra and L E Wearne.

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

SUSPENSION OF STANDING ORDERS

10621 RESOLVED (Chedid/Wilson)

That Standing Orders be suspended to enable consideration of an urgent matter concerning the parking meters in Harris Park.

The Lord Mayor ruled that the matter was of an urgency.

SUBJECT Parking Meters in Harris Park

REFERENCE F2008/03362

FROM Councillor J Chedid

10622

RESOLVED (Chedid/McDermott)

(a) That Council remove selected parking meters from Harris Park.

(b) That the relocated parking meters in Harris Park be replaced by 2 hour parking signs to enable a maximum of 2 hours free parking in these areas.

RESUMPTION OF STANDING ORDERS

10623 RESOLVED (Wearne/Esber)

That Standing Orders be resumed.

ADJOURNMENT OF MEETING

In accordance with Council's decision of 23 October 2000 (Minute No 5712) the meeting adjourned at 8.45 pm for a period of 15 minutes.

Note

Councillor P Esber retired from the meeting during the adjournment.

RESUMPTION OF MEETING

The meeting resumed in the Council Chamber at 9.00 pm, there being in attendance The Lord Mayor, Councillor A Issa, OAM, and Councillors P B Barber, A Bide, J Chedid (returned at 9.03 pm during Closed Session) G Elmore, J D Finn, P J Garrard, M Lack, C X Lim, S Lloyd, M McDermott, P K Maitra, L E Wearne and A A Wilson.

CLOSED SESSION

10624

RESOLVED (Wearne/Esber)

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

1 Tender 34/2008 South Street, Granville Town Centre Upgrade (Stage 2) - Civil, Drainage, Paving, Landscape and Streetscape Works. (D01158354) - This report is confidential in accordance with section 10A (2) (d) of the Local Government act 1993 as the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

2 Refusal of Development Application for a commercial development at 17-21 Woodville Road and 2-4 Milton Street Granville. (D01165789) - This report is confidential in accordance with section 10A (2) (g) of the Local Government act 1993 as the report contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

3 Independent Representatives for Council's Audit Committee. (D01174560) - This report is confidential in accordance with section 10A (2) (a) of the Local Government act 1993 as the report contains personnel matters concerning particular individuals.

4 Legal Matters Monthly Report to Council. (D01174992) - This report is confidential in accordance with section 10A (2) (g) of the Local Government act 1993 as the report contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

RESUMPTION OF MEETING

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

14.1

SUBJECT Tender 34/2008 South Street, Granville Town Centre Upgrade (Stage 2) - Civil, Drainage, Paving, Landscape and Streetscape Works

REFERENCE F2008/05029 - D01158354

REPORT OF Supervisor - Project Management

10625

RESOLVED (Bide/McDermott)

(a) That the tender submitted by Statewide Civil Pty Ltd for the construction of civil, drainage, paving, landscape and streetscape works at South Street, Granville Town Centre for the sum of $896,271.00 (excluding GST) be accepted.

(b) That all unsuccessful tenderers be advised of Council’s decision in this matter.

(d) Further, that the Lord Mayor and Chief Executive Officer be given delegated authority to execute and affix the Common Seal of Council to the necessary documents.

NOTE: 1 Councillor P J Garrard requested his name be recorded as having voted against this decision as he believed that there had been inadequate consultation on this issue.

2 During debate but not voting on this matter, the Deputy Lord Mayor assumed the Chair to enable the Lord Mayor to participate in debate on this matter.

14.2

SUBJECT Refusal of Development Application for a commercial development at 17-21 Woodville Road and 2-4 Milton Street Granville

DESCRIPTION Refusal of DA/174/2007 - Request for authorisation to participate in a s34 conference in respect of an appeal lodged with the Land and Environment Court

REFERENCE F2009/00433 - N/A

APPLICANT/S Mr Loui Nicholas

OWNERS Mr Loui Nicholas

REPORT OF Manager Development Services

10626

RESOLVED (Barber/Lack)

(a) That Council resolve to participate in a non binding Section 34 conference in respect of appeal number 10043 of 2009 lodged in the NSW Land and Environment Court of New South Wales for 17-21 Woodville Road and 2-4 Milton Street, Granville (DA/174/2007).

(b) That Council resolve to authorise appropriate officers of Council’s Development Services Unit to enter into negotiations on behalf of Council with the appellant in the Section 34 conference.

(d) Further, that negotiations on behalf of council be based on the report of the heritage consultant and take into account the principle objector, with any negotiated outcome to be reported to Council.

14.3

SUBJECT Independent Representatives for Council's Audit Committee

REFERENCE F2008/02951 - D01174560

REPORT OF Manager Service Audit and Review

10627

RESOLVED (Wilson/Chedid)

(a) That Council nominate Neil Adams and Mike Barry as community representatives from the listed Expression of Interest to be invited to be members of the Audit Committee.

(b) Further, that Council ask the Committee to nominate a Chairperson to be approved by Council.

14.4

SUBJECT Legal Matters Monthly Report to Council

REFERENCE F2004/07898 - D01174992

REPORT OF Manager Development Services

10628

RESOLVED (Lim/Finn)

(a) That the report be received and noted.

(b) Further, that any Councillor be permitted to attend any conciliation or legal conference as an observer.

NOTE: Councillor J Chedid requested that adequate notification be given to objectors to any conciliation meeting/conference.

QUESTION TIME

SUBJECT Changes to Planning Rules - Private Certifiers

REFERENCE F2004/10272

FROM Councillor L E Wearne

10629

Councillor Wearne referred to recently introduced planning rules requiring Council to sign off on works undertaken by a private certifier and sought further advice on these requirements.

The Group Manager Outcomes and Development advised that Councils could reach the conclusion that an amendment to a construction certificate was of a minor nature and consistent with any development consent issued and sign off on the works.

Councillor Wearne expressed concern that if advice was not forwarded to the private certifiers within 21 days, Council would have been deemed to have signed off on the works.

The Group Manager Outcomes and Development advised that Council could respond quickly but added that a further report would be submitted on this issue to the next Council Meeting.

NOTE: Councillor Barber retired from the meeting at 9.41 pm during consideration of this matter.

SUBJECT Play Equipment for Off Dog Leash Areas

REFERENCE F2005/00856

FROM Councillor S Lloyd

10630

Councillor Lloyd requested a report on the cost of introducing play equipment for dogs, such as tunnels and ramps, in off dog leash areas.

SUBJECT Provision of Seating - Barnetts Park, Winston Hills

REFERENCE F2005/00856

FROM Councillor S Lloyd

10631

Councillor Lloyd sought advice on the possible relocation of seats to Barnetts Park, Winston Hills and if this was not possible, the funding of seats for this park.

SUBJECT Regular Turnover of Vehicles in Small Shopping Centres

REFERENCE F2008/05117

FROM Councillor A A Wilson

10632

Councillor Wilson acknowledged the difficulties faced by rangers but referred to a general feeling in the community that the booking of vehicles was ‘revenue raising’.

Councillor Wilson added that he had been contacted by shopkeepers in smaller shopping centres, such as Epping and Ermington, on the possibility of Council taking action to ensure the regular turn over of vehicles parking in proximity to these centres.

Councillor Wilson asked that officers investigate a standard whereby these smaller shopping centres were visited by rangers at least once a month.

The Group Manager Outcomes and Development advised that this issue could be addressed in the upcoming rangers workshop.

SUBJECT Parking Adjacent to Parramatta Town Hall and Basement of Council Chamber

REFERENCE F2004/06038

FROM Councillor L E Wearne

10633

Councillor Wearne advised that on arriving at tonight’s Council Meeting, there had been some 13 vehicles parked alongside the Parramatta Town Hall and 11 vehicles parked in the basement of the Council Chamber.

Bearing in mind that only 14 councillors drive and 2 vehicles may have been for Council’s caterers, Councillor Wearne sought advice as to the ownership of the other vehicles, as parking was becoming extremely difficult for councillors.

The Chief Executive Officer advised that he had clamped down on this issue recently and would do so again. He added that only a select few of staff had permission to park in these locations.

Councillor Wearne acknowledged that the vehicles may not have been staff but requested that action be taken to ensure parking was available for councillors.

The Chief Executive Officer advised that he would investigate this matter.

SUBJECT Development Application Assessment - Inclusion of History

REFERENCE F2008/04592

FROM Councillor A Bide

10634

Councillor Bide sought advice as to why on occasions staff rejected development applications under delegated authority and subsequently recommended approval when the same application was the subject of an 82A Review or a S69 application.

Councillor Bide requested that future reports prepared on such applications include a history of the decision making process.

The Group Manager Outcomes and Development advised that staff were happy to include any additional information requested by councillors.

NOTE: Councillor Wilson retired from the meeting at 9.49pm during consideration of this matter.

SUBJECT Insurance Coverage for Street Parties

REFERENCE F2005/01345

FROM Councillor C X Lim

10635

Councillor Lim requested the provision of a memorandum to all Councillors updating previous advice given on whether Westpool or other insurance companies available to Council could extend coverage to street/neighbourhood parties, if such parties were approved by Council.

SUBJECT Progress of Tourism Grant

REFERENCE F2006/00666

FROM Councillor C X Lim

10636

Councillor Lim requested that the relevant staff provide councillors with a memorandum updating the progress with the pledged $500,000 grant for tourism by the Federal Government, as made in 2007.

SUBJECT Resignation from Position of Deputy Lord Mayor

REFERENCE F2004/07010

FROM Councillor P G Garrard

10637

Councillor Garrard gave due notice that he would be resigning from his position as Deputy Lord Mayor, effective as of the next Ordinary Council Meeting on 27 April 2009.

Councillor Garrard advised that he had taken such action based on the current failing economic and business environment, so as to better organise his own business arrangements over the next 5 – 6 months in preparedness for his candidacy for the position of the Lord Mayor next September.

Councillor Garrard advised that he had given 14 days notice as specified under the Local Government Act for when a casual vacancy occurs and indicated that he felt he owed it to the Chamber who had elected him, to give such notice.

SUBJECT Policy for Closure of Work Requests

REFERENCE F2005/01797

FROM Councillor M McDermott

10638

Councillor McDermott requested that the relevant staff look at the policy of closing work requests when a service request had been forwarded to a utility provider such as Integral Energy.

Councillor McDermott expressed his concern that he no longer could view such requests once they had been closed and referred to an external provider and expressed the belief that the service requests should not be closed until the problem was fixed.

The Chief Executive Officer advised that once the councillor service request was closed, a work request was opened but added he would check the process of viewing the subsequently opened work request by councillors.

SUBJECT PAMP Status - Railway Street, Parramatta

REFERENCE F2004/07402

FROM Councillor J D Finn

10639

Councillor Finn requested that all ward councillors be provided with the PAMP status and appropriate costs for the provision of a footpath on the eastern side of Railway Street between Pitt and Rosehill Streets, Parramatta and between Rosehill and Boundary Streets, Parramatta.

SUBJECT Installation of Right Hand Turn Lights - Intersection of Pitt and Railway Streets, Parramatta

REFERENCE F2004/07161

FROM Councillor J D Finn

10640

Councillor Finn requested that the installation of right hand turn lights at the traffic lights at the intersection of Pitt and Railway Streets, Parramatta be referred to the Parramatta Traffic Committee for consideration.

SUBJECT Increased Lighting - Westmead Area

REFERENCE F2008/02819

FROM Councillor P Maitra

10641

Councillor Maitra advised that he had been approached by local residents seeking the increased lighting in the area bounded by Bridge Road, Darcy Road and Wentworth Avenue, Westmead and requested that this matter be investigated.

SUBJECT Removal of Illegal Banner - Northmead

REFERENCE F2008/04592

FROM Councillor P Maitra

10642

Councillor Maitra requested the removal of the illegally erected banner at the intersection of Briens Road and Cumberland Highway near Coca Cola.

SUBJECT Use of Water Contained in Plastic Barriers

REFERENCE F2008/00057

FROM Councillor G Elmore

10643

Councillor Elmore advised that the works at Guildford Shopping Centre had now been completed and added that residents were very happy.

Councillor Elmore added, however, that many plastic barriers filled with water had been utilised in the works and he questioned whether the barriers were filled with tap water or recycled water and also asked what happened to the water once emptied from the barriers.

SUBJECT Box Trailer Advertising

REFERENCE F2008/04592

FROM Councillor G Elmore

10644

Councillor Elmore advised that he had previously raised the issue of an advertising box trailer utilising commuter parking at Merrylands Station and advised that whilst the trailer had been moved, it was now parked at Guildford Station.

Councillor Elmore requested the investigation of the erection of signage indicating that the parking was for commuters only or that parking was restricted to 24 hours.

SUBJECT Derelict Housing

REFERENCE F2004/07877

FROM Councillor M Lack

10645

Councillor Lack sought advice as to whether any process existed to ensure that derelict houses were documented and appropriate action taken against the owners of such properties.

The Group Manager Outcomes and Development advised that no ongoing program existed but added that Council would respond to any complaints received or to any properties discovered during the normal course of duties. It was added that any action to be taken was limited by the Local Government Act, Environmental Planning and Assessment Act and certain health regulations.

Councillor Lack responded that he would like to see a formal system put in place to monitor derelict premises to ensure that action was taken against owners and referred in particular to the derelict premises at 87 Fennell Street and the premises near the old Roads and Traffic Authority premises in Macquarie Street, Parramatta.

SUBJECT Operational Liaison Officer (OLO) - Elizabeth Macarthur Ward

REFERENCE F2008/00400

FROM Councillor J Chedid

10646

Councillor Chedid advised that it had been some time since ward councillors had heard from the OLO for the Elizabeth Macarthur Ward.

Councillor Chedid questioned whether the OLO was on leave or whether a replacement had been appointed and added that he would have appreciated a phone call or email on this issue.

SUBJECT Service Requests (2)

REFERENCE F2005/01797

FROM Councillor J Chedid

10647

Councillor Chedid advised that he agreed with the earlier issue raised by Councillor McDermott in relation to Councillor Service Requests.

Councillor Chedid expressed the view that the system had not worked for the past 5 years and would only succeed in the future if officers talked to the end users, being the councillors and the community.

He added that staff needed to revisit the operation of this system as he had actions that had been outstanding for 2 years which had then been closed or gone missing.

RESCISSION MOTIONS

A Notice of Motion to rescind Item 12.6 of Development Applications regarding 2 Darcy Road, Westmead was submitted during the meeting by Councillors J D Finn, P Esber and P K Maitra and was subsequently defeated as a matter of urgency under Minute No. 10620.

The meeting terminated at 10.02 pm.

THIS PAGE AND THE PRECEDING 35 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON TUESDAY, 14 APRIL 2009 AND CONFIRMED ON MONDAY, 11 MAY 2009.

____________________

Lord Mayor