Agenda of Regulatory Council

Regulatory Council 11 May 2009

Item 7.2

CITY LEADERSHIP AND MANAGEMENT

ITEM NUMBER 7.2

SUBJECT 2009/2014 Draft Management Plan, Budget and Fees & Charges

REFERENCE F2008/03695 - D01185884

REPORT OF Manager - Finance

PURPOSE:

To seek Council’s approval to place the 2009/10 to 2013/14 Draft Management Plan and attached 2009/10 Fees and Charges on Public Exhibition.

RECOMMENDATION

(a) That Council note and adopt the matters outlined within this report that form part of the 2009/10 – 2013/14 Draft Management Plan, 2009/10 Budget and 2009/10 Proposed Schedule of Fees and Charges.

(b) That Council approve the placing of the Draft Management Plan 2009/10 – 2013/14, Budget 2009/10 and Proposed Schedule of Fees and Charges 2009/10, as attached to this report, on public exhibition for 28 days subject to the following recommended changes:

i. The daily charge for Child Care Centres be set at $65.00 to preclude the need to reduce the building maintenance budget for the Centres by $68,000.

ii. To offset the loss of net revenue ($60,000) resulting from Council’s decision to remove all parking meters from Harris Park, the all day parking fee in areas of high demand commuter parking close to the CBD, as indicated on the attached map, be increased from $5.50 to $7.00 per day.

iii. The enhancement to the graffiti management service be increased to a total level of $287,250 operating expenditure plus $100,000 capital as outlined in Option 2 of this report and to maintain the budget funding position as outlined in this report, Council determine a reduction of $50,000 in revenue funded operating projects currently included within the projects budget. NB: If (ii) above is not adopted, then this amount would be revised to $110,000.

BACKGROUND

Section 402 of the Local Government Act 1993 requires Council to prepare a Draft Management Plan each year. The Local Government Act and Regulations set out the matters that must be included within the draft Plan.

Over the past 5 months, the development process of the draft Management Plan has included a series of workshops for Councillors to consider Council’s current and forecast financial position, to develop operational and budgetary strategies and to review and determine priorities for future services and projects expenditure.

The Draft Management Plan is now presented to Council for determination. Once determined it will be placed on public exhibition for a period of 28 days from 14 May to 11 June 2009. The exhibition period will be advertised and comments on the draft Plan invited from the community. Copies of the draft Plan will be available at Council’s libraries and the Customer Contact Centre. A copy will also be placed on Council’s website. A public forum is planned for 21 May 2009 to discuss the draft Management Plan with members of the Residents’ Panel and the general community.

Following the exhibition period it is proposed to bring the Plan back to Council on 22 June to consider any submissions from the community, make any appropriate changes and to formally adopt the Management Plan for 2009/10 to 2013/14, the 2009/10 Budget and Schedule of Fees and Charges and to make the rates for 2009/10.

Council must adopt its Management Plan by 30 June 2009.

ISSUES/OPTIONS/CONSEQUENCES

1. Resolutions from Council meeting 27 April 2009

At Council’s meeting on 27 April 2009 it was resolved:

· To reduce the proposed childcare fee by $1.50 per day to $63.50.

· To remove all parking meters from Harris Park

· To increase the all day parking rate for the Macquarie Street Car Park from $10 to $12.

· Implement 15 minute free parking tickets in specific areas of the Parramatta CBD

· To enhance the service in relation to graffiti management by adopting the range of graffiti options presented in the Options Paper tabled at that meeting.

The impacts of these resolutions on the 2009/10 Budget have been analysed and the following actions in relation to them are recommended as being fiscally responsible in both the short and long term.

Child Care fee reduction

The draft Budget has been amended to include the fee reduction with a resulting reduction in revenue of $68,000. To avoid increasing the current deficit on Child Care operations of $385,000 and to maintain a balanced budget for Council overall, a similar reduction in the Child Care Centres’ maintenance budget has been made. This is the only major discretionary component of the Child Care Centres’ budget that can be reduced.

This would represent a reduction of approximately 30% in existing maintenance budgets and would result in delays to all but the most urgent repairs. Naturally, Council would need to ensure that the Childcare Centres do not compromise licensing and accreditation requirements and accommodate any significant, unforeseen incidents or repairs.

The reduction in maintenance is not desirable and it is recommended that Council adopt the daily fee of $65 to allow an appropriate level of maintenance to be retained.

Removal of Harris Park parking meters

Council resolved on 27 April 2009 to remove all parking meters from Harris Park. It is recommended that the resulting reduction in parking meter revenue of net $60,000 be offset by increasing the all day parking fee in areas of high demand commuter parking close to the CBD from $5.50 to $7.00 per day as per the sites highlighted on the attached map.

Macquarie Street Car Park, installation of meters in Early Street and implementing 15 minutes free parking tickets in specific areas of the Parramatta CBD

Council also resolved on 27 April 2009 to expand the availability of 15 minute free parking meter tickets, install meters in Early Street and increase the all day parking fee in the Macquarie Street Car Park. The increased revenue from the car park and additional meters will offset the loss of income by allowing free 15 minutes free parking.

Graffiti Management

Council currently has a graffiti management services budget of $287,217. Adopting the range of options proposed on 27 April 2009 would have a significant budgetary impact, estimated at an additional $487,250 operating expenditure and $100,000 capital expenditure.

The attached memo from the Group Manager City Services outlines in detail the impacts of Council’s resolutions.

It is considered that any of the following three options are viable for graffiti management in a fiscally responsible manner, with regard to Council’s overall budget position.

Option 1

Include the enhancement to Graffiti Management at $177,250 for operating expenditure plus $100,000 capital. This is the current allocation within the attached Management Plan, to deliver a balanced funding position and would not require any further budget adjustments with respect to projects. This allocation, as outlined in the break-up below would deliver the following:

$100,000 capital – Vehicle and soda blaster

$52,250 - the original proposal (remove existing walls, graffiti database, additional graffiti kits & increased support to committees)

$90,000 - Operating costs of the Soda Blaster

$35,000 – Removal and maintenance of existing murals on Council properties

Option 2

As per the recommendation in the attached memo from Group Manager City Services, include the enhancement to Graffiti Management at $287,250 for operating expenditure plus $100,000 capital. This would require the recommendations of this business paper to be adopted. Specifically, reduce a current revenue funded operating project by $50,000 and adopt the recommended the increased all day parking meter fee to generate $60,000.

Option 3

Include the enhancement to Graffiti Management at $487,250 for operating expenditure plus $100,000 capital. This would require the recommendations of this business paper to be adopted, plus an additional $200,000 of operating projects currently included in the budget to be excluded. This would enable an additional $200,000 to be allocated to Graffiti Management.

2. Draft Management Plan

Presentation format

The Draft Management Plan has been prepared in a format based on Council’s seven Program areas. Each Program section includes details of the Program’s purpose, objectives, service activities, project highlights, proposed income and expenditure on services and projects and the Program’s performance measures and targets. The second section of the Draft Plan sets out details of the draft 2009/10 Budget, forward financial estimates for 2010/11 to 2013/14, proposed rates and annual charges for 2009/10 and the proposed income and expenditure from these proposed rates and charges. Other required statutory information is also contained in this second section. The schedule of proposed Fees and Charges and Pricing Policy for 2009/10 is contained under separate cover.

2009/10 Budget and Forward Estimates

Financial Result

The 2009/10 Budget has proposed a small surplus of $90,000 in the net operating result for 2009/10. Revenue from continuing operations will essentially match operating expenditure, including interest on loans and depreciation. Before allowing for capital revenue the operating result is a deficit of ($7,820,000). The funding position is neutral.

The major changes since Council were last advised of the net operating result include, an additional amount for graffiti management $125,000, additional workers compensation $241,000, Parks Tree Maintenance $40,000, an additional allocation to the Fair Value revaluation of assets project $30,000, a small adjustment to rates and various changes to grant funded projects.

Rates and Annual Charges

General rates income has been increased by 3.5% in line with the State Government’s permissible maximum increase. Council has retained the same rating structure as used in 2008/09 and the proposed ordinary and special rates are detailed at pages 111 to 112 of the Draft Management Plan. The increases in individual rates will vary due to the impact of changes in the rating database arising from property uses changing and some properties becoming either rateable or non-rateable. The Domestic Waste Management Charge has been increased by 4%. The Stormwater Management Service Charge has not been increased.

Employee costs

The rate of increase in employee costs is a challenge that Council has to deal with in the current and future budgets. The 2009/10 draft Budget provides for an increase of 4% over 2008/09. This increase is lower than recent trends. In addition the Budget is formulated on the assumption that a number of current vacancies will not be filled and staff will take longer periods of leave than customary to reduce accumulated leave balances.

Interest on investments

The global financial crisis has had a significant impact on interest earned on Council’s investments. The 2009/10 Budget assumes a return of 3.5% on funds. Interest rates continue to be very fluid and future movements are very difficult to predict in the current environment. The financial markets will be closely monitored and income predictions may have to be varied throughout 2009/10 as the economic situation evolves.

Forward estimates 2010 to 2014

The operating result for the forward estimates period shows a deteriorating position primarily due to the following factors:

· impact of increased depreciation

· employee costs increasing at a faster rate than income

· Some Civic Place commitments resulting from the Development Agreement. These commitments are restricted to the three years of the forward estimates, and the costs are planned to be recouped through project cash flows and assets in future years.

Expenditure of revenues from parking meters

Outlined on Page 121 of the Draft Management Plan are the list of projects and services that are budgeted to be funded from Parking meters in the 2009/10 year.

Computer systems replacement reserve

The draft Management Plan provides for the creation of reserve funds to partly fund the replacement of the existing core computer systems which is planned for 2012/2013. These reserve funds will be created by ceasing, in 2009/10, the repayment to the Property Reserve of the funds previously borrowed to finance the Councils Online system. This will direct $2.508 million in total to the computer reserve over four years.

The first stage of the replacement of the Oracle component of Councils on Line will be the HR/Payroll replacement which is planned for in 2009-10 and included in the Management Plan.

New Asset Replacement Reserve

The Draft Management Plan provides for the creation of a new asset replacement reserve to partly fund the replacement of Council’s existing assets, as part of the implementation of the Strategic Asset Management Plan.

Borrowings in 2009/10

During the Council workshops it was proposed to reduce core debt in 2009/10 by borrowing less than core debt principal repayments. The draft Management Plan proposes new borrowings of only $1.324 million thus reducing core debt by $1.8 million.

In 2009/10 $2.614 million is due for repayment for a loan taken out for 2 years in 2008 on a 15 year repayment basis. The Management Plan includes the re-borrowing of this amount over the remaining period of the loan.

Proposed borrowings are therefore:

New loan $1.324 million

Rollover of existing loan $2.614 million

Total $3.938 million

Reserves

Included in the draft Management Plan at pages 105-106 is a schedule showing the proposed transfers to and from reserves included within the 2009/10 Budget.

Projects

The draft Management Plan proposes expenditure of $39.85 million on Projects in 2009/10. A detailed list of the Projects is contained at page 77 to 82 of the Draft Management Plan. The Draft Management Plan shows Projects expenditure to be funded by general revenue funding of $6,718 million (including funds allocated to the asset replacement reserve for specific project expenditure) from the Services Budget and the balance from special rates, loans, reserves, grants and section 94 contributions.

Included with this report are the schedules of Projects considered for inclusion in the 2009/10 Budget. They are in the format as previously reviewed at the workshops and show those projects above the “red line” which have been included in the draft Budget and those which are below the line and not included. There are four schedules:

1. Non- prioritised capital projects

2. Non- prioritised operating projects

3. Prioritised capital projects

4. Prioritised operating projects

Whilst the reports include the original scoring of the projects, the priority order of some projects has been amended to reflect feedback received from Councillors.

CONSULTATION & TIMING

As noted above, the draft Management Plan has been developed over a series of workshops and briefings attended by Councillors and staff. During the exhibition period the community will be given the opportunity to discuss its contents with Councillors and staff and to make submissions for Council’s consideration.

The exhibition period must be for a minimum of 28 days and Council is required under the Local Government Act to adopt by 30 June, its Management Plan for the following year commencing 1 July.

Jenny Fett

Manager Finance

Attachments:

1	Memo - Draft Management Plan - Graffiti Management Options	3 Pages
2	Map	1 Page
3	2009/10-2013/14 Draft Management Plan	TO BE PROVIDED
4	2009/10 Draft Fees & Charges	108 Pages
5	Project Lists	20 Pages

REFERENCE MATERIAL

Regulatory Council 11 May 2009

Item 8.2

REGULATORY

ITEM NUMBER 8.2

SUBJECT Prelodgement Operating Procedures

REFERENCE F2008/01194 - D01190042

REPORT OF Manager Development Services

PURPOSE:

To obtain Council’s endorsement to operating procedures for the provision of

pre-lodgement advice for development applications.

RECOMMENDATION

(a) That the operating procedures for the provision of pre-lodgement advice for development applications as identified in the Pre-lodgement Fact Sheet as shown in Attachment 1 be adopted.

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

BACKGROUND

One of the key corporate priorities in 2009 is to reduce determination times for development applications, with a target being set for 75% of DAs to be determined within 40 days (net). This priority is consistent with the Council resolution of 10 November 2008, which seeks Parramatta Council to be the most efficient metropolitan Council in NSW in processing development applications.

In achieving these targets a series of actions and strategies are required to reform the development assessment process. One such strategy is the enhancement of Council’s development application pre-lodgement advisory service. Enhancements to this area of service delivery are required to ensure that advice provided for development matters is consistent; covers all relevant matters or issues; advice is provided by a planning manager or senior planning/technical expert; and advice is provided in a timely manner.

To deliver these important enhancements, major reforms are proposed within the Development Services Unit to ensure the delivery of excellent and consistent customer service at the front end of the development process. A small team of development advisory staff, led by a team leader, will be recruited within the next 2 months and will be responsible for the provision of:

o Specialist planning, building and development advice to the community including pre-lodgement advice, a lodgement advisory service and the management of the SEPP 65 Design Review Panel to ensure that the advice provided by staff at various stages in the development assessment process is consistent and in accordance with council policy;

o The provision of customer/client education on development, planning and building matters;

o Obtaining customer feedback on the development process and the delivery of council’s development services such as industry forums, surveys pre-determination and post determination; and

o Development and maintenance of relationships and linkages across council with internal and external partners.

As such, the revised operating procedures for pre-lodgement advice as detailed in this report, form one small part of these larger service enhancement reforms.

Pre-lodgement meetings are intended to provide initial advice on specific issues that may be relevant to a proposed development application and any likely major issues relevant to a development proposal that should be addressed by an applicant prior to lodgement of the development application. In essence, pre-lodgement meetings are to ensure that the applicant is on the ‘right track’.

If all relevant and likely issues have been addressed by an applicant prior to the lodgement of a development application Council is able to process the application more efficiently.

It is expected that by Council clearly communicating how pre-lodgement meetings will be managed and what applicants can expect from attending a pre-lodgement meeting that the quality of applications submitted will improve. This will assist in reducing assessment processing times.

It is important to note that pre-lodgement meetings can not replace the in-depth investigation conducted during the formal assessment of a development application including the consideration of public submissions. In short, while the advice is given in good faith, it in no way binds the decision of Council.

It is also worth noting that pre-lodgement meetings are not intended for general planning or development enquiries. For these general enquiries a person should come in and meet with one of the Development Advisory Officers available at the Development Advisory Counter.

A copy of the Pre-lodgement Fact Sheet can be found in Attachment 1 and the Pre-lodgement Meeting Request Form can be found in Attachment 2.

Both the Pre-lodgement Fact Sheet and Pre-lodgement Meeting Request Form will be available for public viewing by applicants and the community on the Parramatta City Council website www.parracity.nsw.gov.au and at the Development Advisory Counter.

Louise Kerr

Manager Development Services

29 April 2009

Attachments:

1View	Prelodgement Fact Sheet	4 Pages
2View	Prelodgement Meeting Request Form	3 Pages

REFERENCE MATERIAL

Regulatory Council 11 May 2009

Item 8.3

REGULATORY

ITEM NUMBER 8.3

SUBJECT Proposed amendment to the Environmental Planning and Assessment Act (Section 109PA)

REFERENCE F2008/01194 - D01190043

REPORT OF Manager Development Services

PURPOSE:

To provide Council with information on a forthcoming amendment to the Environmental Planning and Assessment Act 1979, that will allow certifying authorities to apply for advice from consent authorities prior to issuing construction certificates or final occupation certificate applications. The advice that can be requested is whether the design and construction of any building work to which the certificate relates, is consistent with the relevant development consent.

RECOMMENDATION

(a)That the report be received and noted.

(b)Further that, the Lord Mayor writes to the NSW Minister for Planning seeking the regulations that will support Section 109PA, to allow full cost recovery by consent authorities for the provision of the service to enable appropriate resources to be dedicated to the delivery of the service.

BACKGROUND

The NSW Government is implementing planning reforms to create a more efficient and transparent planning system. This follows the passing of planning reform legislation in mid 2008 (Environmental Planning and Assessment Amendment Bill 2008).

On 10 December 2008, the Environmental Planning and Assessment Amendment Act 2008 (Amendment Act) was gazetted. The Amendment Act amends the Environmental Planning and Assessment Act 1979, other Acts and instruments to improve the NSW planning system.

The provisions of the Amendment Act are being commenced in stages over the next 12 months as the necessary regulations and guidelines are prepared by the NSW Department of Planning. The reforms implemented to date include:

· Release of NSW Housing Code

· Strengthened rules and penalties for accredited certifiers

· Creation of a Planning Assessment Commission

· Review of infrastructure contributions

Schedule 4 of the Amendment Act includes the various amendments that relate to the certification of development under the Part 4A of the Environmental Planning and Assessment Act 1979. It appears that the legislative reforms, as they relate to certification of development are intended to tighten the test for the issue of a construction certificate and to address one of the ongoing areas of dispute between Councils and certifiers, since private certification commenced in 1998, that being the issuing of construction certificates by Private Certifiers, that in the view of Council are not consistent with the development consent that has been issued by Council.

To address these problems a new section is to be incorporated into the Environmental Planning and Assessment Act 1979, known as Section 109PA.

In summary, Section 109PA will allow certifying authorities, prior to issuing a construction certificate or issuing a final occupation certificate, to make an application to a consent authority for advice as to whether the design and construction of any building work to which the certificate relates is consistent with the relevant development consent.

In the event that an application is made to a consent authority for advice on whether the design and construction of a building is consistent with the relevant development consent, the consent authority has 21 days in which to respond to the request for advice. In the event that a consent authority does not deal with the request for information within 21 days, the consent authority is taken to have given advice that the building is consistent with the development consent.

Of particular note is subsection (4) which states that if a consent authority has given advice (or deemed to have provided advice) that the design is consistent with the development consent, the consent authority can not challenge any certificate issued on the basis that the design and construction and not consistent with the development consent.

An extract of Section 109PA can be found in Attachment 1.

Impacts of commencement of Section 109PA for Parramatta City Council

The commencement of Section 109PA has not been programmed by the NSW Department of Planning, nor are there any details on whether the accompanying regulations (that will prescribe the information required to be submitted with such requests for advice; the form in which advice is to be given; and the fees that can be charged for the provision of advice) have been drafted.

In the absence of such detail it is difficult to pre-determine the overall impacts that the legislative amendment will have on operations at Parramatta Council. In principle the legislative changes are a positive step in addressing some long term issues with the private certification process and allows consent authorities to review construction certificates prior to issue for consistency with development consents, rather than having to get involved in compliance action during the construction process or at the completion of a project.

However, what is also clear is that the legislative changes transfer responsibility from Private Certifiers to Local Government for ensuring that plans certified in construction certificates, are consistent with development consents with no additional resources being provided to provide the service. This is contrary to the original intent of introducing Private Certifiers.

As the regulations have not been drafted it is not known what fees Council will be able to charge for the provision of this service. However, it will be important for the regulations to allow full cost recovery by consent authorities for the provision of the service.

The task of reviewing plans to ensure consistency with the development consent is detailed and diligence is required in carrying out this task. If any detail is missed and Council provides advice that the plans are consistent with the development consent, the legislation prohibits Council taking any compliance action later in the construction process for reasons that the development is not consistent with the development consent.

Council will need to allocate sufficient resources to this service so as to enable comprehensive reviews of plans and advice to be carried out within the required 21 day period. The shift in responsibilities from private certifiers to local government places additional demands on development assessment teams at a time when the NSW Government is calling for marked improvements in processing times for development applications across the NSW.

In light of this, it is recommended that Parramatta City Council lobby the NSW Minister for Planning for the regulations that will support Section 109PA to allow full cost recovery by consent authorities for the provision of the service, so that appropriate resources can be dedicated to the delivery of the service and not at the expense of the development assessment role.

Council may also need to consider guidelines under which minor variations can still be deemed to be consistent with the original approval.

Louise Kerr

Manager Development Services

29 April 2009

Attachments:

1View

Extract of Section 109PA.

1 Page

REFERENCE MATERIAL

Regulatory Council 11 May 2009

Item 11.1

DOMESTIC APPLICATION

ITEM NUMBER 11.1

SUBJECT 16 Lanhams Road, Winston Hills
(Lot B DP 393853) (Caroline Chisholm Ward)

DESCRIPTION Demolition of the existing dwelling and the construction of a 3 storey dwelling and inground swimming pool.

REFERENCE DA/816/2008 - 29th October 2008

APPLICANT/S Mr T S Kuitert

OWNERS Mr T S Kuitert and Mrs M G S Kuitert

REPORT OF Manager Development Services

Reason for

referral TO

COUNCIL The proposal seeks a SEPP 1 variation of greater than 10% to Clause 39 ‘Height limits in residential zones’ in Parramatta Local Environmental Plan 2001

EXECUTIVE SUMMARY

The application seeks approval for the demolition of an existing dwelling and the construction of a 3 storey dwelling with an inground swimming pool located upon the subject site.

The application has been referred to Council as the proposal seeks a SEPP 1 variation of greater than 10% to Clause 39 ‘Height limits in residential zones’ in Parramatta Local Environmental Plan 2001. The proposed dwelling results in a dwelling that will be three storeys in height by definition instead of two storeys as required under the development standard. In accordance with a Planning Circular released by the Department of Planning in November 2008 on ’Reporting Variations to Development Standards' variations to development standards greater than 10% should be determined by Council.

Two submissions have been received in respect of this application.

The proposed works are consistent with the objectives of Parramatta Local Environmental Plan 2001 and Parramatta Development Control Plan 2005, and is considered satisfactory in terms of design, bulk and scale. There is sufficient landscaping and open space areas provided as part of the proposal, and the new dwelling and pool are considered to be appropriately sited without impacting on the streetscape or adjoining properties. The non compliance is a technical non compliance due to the definition of a storey under PLEP 2001 which includes any subfloor area greater than 1.2 metres above ground level as a storey. The dwelling has proposed a lower ground level that protrudes 1.3m above the natural ground level of the site along its western elevation and 2.4m along its eastern elevation, and is therefore non compliant.

Accordingly, the application is recommended for approval.

RECOMMENDATION

(a) That Development Application No 816/2008 for the demolition of an existing dwelling and construction of a 3 storey dwelling and inground swimming pool at 16 Lanhams Road, Winston Hills 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.

Maya Sarwary

Senior Development Assessment Officer

Attachments:

1View	Section 79C Report	38 Pages
2View	Plans	4 Pages
3View	Location Map	1 Page

REFERENCE MATERIAL

Regulatory Council 11 May 2009

Item 11.2

DOMESTIC APPLICATION

ITEM NUMBER 11.2

SUBJECT 17-19 Bridge Street, Rydalmere (Lot 48 DP 14244 & Lot 47 DP 14244)

DESCRIPTION Section 96 (1a) modification to an approved health, recreation and social centre for males (restricted premises) by installing a kitchen to facilitate the sale of pre-packaged food to customers.

REFERENCE DA/501/2004/A - Submitted 22 January 2009

APPLICANT/S MC Pty Ltd

OWNERS Camelot Distributors Pty Ltd

REPORT OF Manager Development Services

Reason for

referral to

council: Restricted Premises

executuve summary

The application seeks approval for a Section 96 (1A) modification to an approved health, recreation and social centre for males (restricted premises). The modifications include installing a kitchen to facilitate the sale of pre-packaged food to customers.

The application is being referred to Council for determination due to the existing premises being a restricted premises.

No submissions have been received in respect of this application.

The application was referred to Councils Crime and Corruption Officer who supports the application subject to no alcohol being sold on the premises.

The application is minor and is recommended for approval as the proposal is consistent with the aims and objectives contained within Sydney Regional Environmental Plan No. 28 and will not result in any adverse operational impacts.

RECOMMENDATION

That Council as the consent authority, modify development consent to Development Application No. 501/2004 in the following manner:

(i) Condition No. 1 be modified as follows:

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

Drawing N^o	Dated
04:19:DA01 – Existing site plan	28/8/2004
04:19:DA02 – Existing Level 1 plan	28/8/2004
Ground floor plan	22/01/2009
04:19:DA04 – Existing Level 3 plan	28/8/2004
Plan of Management	Undated

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

Note: Further information on Construction Certificates can be obtained by contacting Customer Service on 9806 5359.

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

(ii) The following new conditions are added to the consent:

22. The design and construction of any food / beverage preparation facilities and waste storage areas associated with this activity shall satisfy the requirements of food safety standards prescribed under the Food Act 2003, as well as Australian Standard AS 4674 – 2004: ‘Design, Construction and Fit-out of Food Premises’. Final design drawings for these areas are to be submitted to the principal certifying authority prior to commencement of work.

Reason: To ensure design of the premises meets relevant public health standards.

23. Adequate ventilation to work areas and other occupied enclosures shall be provided in accordance with the requirements of the Building Code of Australia. Where any system of mechanical ventilation is installed, certification that the system functions in accordance with Australian Standard AS 1668 (Parts 1 & 2) is to be provided to the certifying authority prior to occupation of the premises.

Reason: To comply with the Building Code of Australia and the relevant Australian Standard.

24. Notification of the food business is to be made to the NSW Food Authority before any food handling operations are commenced at the premises.

Reason: To comply with requirements of the Food Act.

25. All putrescible waste shall be removed from the site with sufficient frequency to avoid nuisance from pests and odours.

Reason: To ensure provision of adequate waste disposal arrangements.

(iii) The deletion of Condition No. 13 which currently states:

13. Food shall not be prepared on the premises. Food sales are restricted to pre-packaged goods which do not require cooking, heating or preparation.

Reason: To ensure compliance with the relevant food codes.

Attachments:

1View	Section 79c Report	16 Pages
2View	Locality map	1 Page
3View	Plan	1 Page
4View	Previous Consent Letter for DA/501/2004	5 Pages

Regulatory Council 11 May 2009

Item 11.3

DOMESTIC APPLICATION

ITEM NUMBER 11.3

SUBJECT 30 Dodson Crescent, Winston Hills (Lot 27 DP 230335) (Caroline Chisholm)

DESCRIPTION Relocate the existing above ground swimming pool and decking to be located wholly within the boundaries of the site. The relocation works will also include a new block retaining wall 900mm high located along the western side boundary and southern rear boundary.

REFERENCE DA/878/2008 - Submitted 17 November 2008

APPLICANT/S Creative Works

OWNERS Mr D B Facey and Mrs C E Facey

REPORT OF Manager Development Services

Reason for

referral to

council: SEPP 1 Variation greater than 10%.

executive summary:

The application seeks approval for the relocation of the existing above ground swimming pool, decking, and construction of a new 900mm high retaining wall, to be located wholly within the boundaries of the site. The existing swimming pool and deck is currently located on Council’s bushland and a Service Request was created on 11 October 2004 requiring the owners to remove the structure from Council’s land.

The application has been referred to Council as the proposal seeks a SEPP 1 variation of greater than 10% to Clause 47 ‘Development on land abutting an Environmental Protection Zone’ in Parramatta Local Environmental Plan 2001. The subject site adjoins Zone 7 bushland at the rear.

In accordance with a Planning Circular released by the Department of Planning in November 2008 on ‘Reporting Variations to Development Standards’ variations to development standards greater than 10% should be determined by Council.

Clause 47 of Parramatta LEP 2001 states that no building is to be erected within 6 metres of the boundary of Zone 7. The proposal departs from this standard as the relocation of the above ground swimming pool and decking will be located along the rear boundary of the site.

No submissions have been received in respect of this application.

The application was referred to Council’s Bushland department for assessment as the property adjoins Zone 7 bushland. No issues were raised subject to a condition of consent stating no access or storage is permitted in the Council Reserve.

The proposed works are consistent with the objectives of Parramatta Local Environmental Plan 2001 and Parramatta Development Control Plan 2005. The proposal is not considered to have a detrimental impact upon the Zone 7 bushland at the rear as the relocation of the pool and deck being wholly within the boundaries of the site will improve the existing impact on the bushland as no structures are located within the zone 7.

Accordingly, the application is recommended for approval.

RECOMMENDATION

(a) That, Council supports the variation to Clause 47 of the PLEP 2001 under the provisions of SEPP 1.

(b) Further that, Development Application No. 878/2008 for the relocation of the the existing above ground swimming pool and decking and construction of a new block retaining wall 900mm high on land at 30 Dodson Crescent Winston Hills be approved subject to conditions of consent in Attachment 1 of this report.

Ashleigh Matta

Development Assessment Officer

Attachments:

1View	Section 79c Report	16 Pages
2View	Locality Map	1 Page
3View	Plans and Elevations	1 Page

Regulatory Council 11 May 2009

Item 12.1

DEVELOPMENT APPLICATION

ITEM NUMBER 12.1

SUBJECT 21 Daking Street, North Parramatta (Lot 1 in DP 621423) (Arthur Phillip Ward)

DESCRIPTION Designated Development - change of use of an industrial building to a metal recycling facility with associated signage.

REFERENCE DA/696/2008 - lodged 24th September, 2008

APPLICANT/S Parramatta Scrap Metal

OWNERS D & V Mifsud

REPORT OF Manager Development Services

REASON FOR

REFERRAL TO

COUNCIL The exhibition of the development application has attracted 76 submissions objecting to the proposal.

EXECUTIVE SUMMARY:

Parramatta Scrap Metal (PSM) owns and operates a metal recycling facility at No.12 North Rocks Road, North Parramatta and has recently purchased a property at No.21 Daking Street, North Parramatta for the recovery and recycling of waste (metal recycling).

PSM proposes to utilise an existing premises without the need for alterations and additions, and to operate a small scale metal recycling facility for the recovering of recyclable non-ferrous metal products for reuse in the manufacturing process.

Metals would be transported to the site in private vehicles (usually vans, utilities and the like) by the general public. A small flat-bed truck owned by PSM will also be used to collect material from off-site.

Once on-site, materials will be sorted, weighed and crushed where appropriate and non-metal products stripped away. The facility will be capable of handling up to 15 tonnes of material per day, employing 6 people and with a capital investment value of $2 million. The premises will have operating hours of 7.30am to 4.00pm Mondays to Fridays and 7.30am to Noon on Saturdays. The processing of metals will not involve the use of any chemicals.

The proposal is Designated Development as the activities to be undertaken are identified in Part 1, Schedule 3 of the Environmental Planning & Assessment Regulation 2000, as “32. Waste management facilities or works” and located within 100 metres of Hunts Creek.

The use of the site as a waste management facility or works is a permissible use in the Employment 4 zone and the site is suitable for the relocation of the existing business from its current location in North Rocks Road.

The development application is presented to Council for determination as the exhibition attracted 76 submissions objecting to the proposal, principally raising concerns of noise, traffic, parking and the proximity of the premises to St Monica’s Catholic School (primary school) adjacent to the site, to the west.

The potential impacts of the development have been subject to a thorough assessment by Council and in the Environmental Impact Statement which accompanied the application.

The application seeks to address the impacts raised in objections by limiting the extent of operating hours, introducing acoustic measures to minimise noise and to operate the facility in a similar manner to that of the existing facility in North Rocks Road.

Council Officers have assessed the proposal and are satisfied that any environmental impacts can be mitigated and managed to achieve acceptable levels of environmental performance, and that the facility would provide a range of environmental and economic benefits for the locality, by continuing to recycle metal waste.

Accordingly, it is considered that the proposal is in the public interest and consent to the development application is recommended.

RECOMMENDATION

(a) That development application (DA/696/2008) which seeks consent for the change of use of an industrial building to a metal recycling facility and the installation of business identification signs be approved, subject to the conditions of consent contained in Attachment 2 of this report.

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

Alan Middlemiss

Senior Development Assessment Officer

Attachments:

1View	Director-General's Requirements	5 Pages
2View	Section 79 Assessment Report	29 Pages
3View	Locality Map	1 Page
4View	Plans & Elevations	11 Pages

Regulatory Council 11 May 2009

Item 12.2

DEVELOPMENT APPLICATION

ITEM NUMBER 12.2

SUBJECT 29-33 Darcy Road Westmead (Lot 1 DP 736142, Lot 4 DP 360736 and Lot 19 DP 7409) (Arthur Phillip Ward)

DESCRIPTION Demolition and construction of a 4 storey mixed use development containing a 2400m2 supermarket, 1360m2 of retail space, 75 apartments and 239 car spaces over 2 levels of basement car parking. (Locality Map attachment 3)

REFERENCE DA/829/2007 - Submitted 4 October 2007

APPLICANT/S Developcorp Pty Ltd

OWNERS Trustees of the Marist Brothers

REPORT OF Manager Development Services

REASON FOR REPORT To COunCIL:

Number of submissions

EXECUTIVE SUMMARY:

The application seeks approval for demolition and construction of a 4 storey mixed use development containing a 2400m2 supermarket, 1360m2 of retail space, 75 apartments and 239 car spaces over 2 levels of basement car parking.

The application has been reviewed by the SEPP 65 Design Review Panel and the applicant has addressed the concerns raised by the Panel.

This development application is referred to Council as nineteen submissions have been received.

Parramatta DCP 2005 limits the floor space ratio of Mixed Use development in Westmead to a maximum of 1.5:1. The proposed development has a floor space ratio of 1.62:1. Despite the non compliance with the FSR requirement the development provides appropriate setbacks and distributes mass in a manner that minimises the apparent bulk and scale of the development. The adjoining development at No. 35-37 Darcy Road has an FSR of 1.64:1 and it is considered that the non compliance with the FSR control will not set an undesirable precedent nor have a negative impact on the streetscape.

This is a longstanding application that has undergone amendments to address Council’s planning controls and is now ready for determination.

Despite non compliance with the floor space ratio control of Parramatta DCP 2005 the proposal is consistent with the zone objectives and recommended for approval.

RECOMMENDATION

(a) That development Application No. 829/2007 for demolition and construction of a 4 storey mixed use development containing a 2400m2 supermarket, 1360m2 of retail space, 75 apartments and 239 car spaces over 2 levels of basement car parking 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.

Jonathan Goodwill

Senior Development Assessment Officer

Attachments:

1View	Section 79C Assessment Report	49 Pages
2View	Plans and Elevations	10 Pages
3View	Locality Map	1 Page

REFERENCE MATERIAL

Regulatory Council 11 May 2009

Item 12.4

DEVELOPMENT APPLICATION

ITEM NUMBER 12.4

SUBJECT 51 Rawson Road Guildford
(Lot 2 DP 534826) (Woodville Ward)

DESCRIPTION S82A review of the determination of DA/548/2008. This application sought approval for for the alterations and additions to an existing childcare centre including the construction of a new building for 20 children aged 0-2 years and increasing the overall capacity of the centre from 36 children to 59 children. The application was refused under delegated authority on 28 November 2008.

REFERENCE DA/548/2008 - Submitted 11 February 2009

APPLICANT/S Mr H Kassem and Mrs B Kassem

OWNERS Mr H Kassem and Mrs B Kassem

REPORT OF Manager Development Services

ReaSON FOR Section 82A review

REPORT

PURPOSE:

This Section 82A Review application seeks Council’s reconsideration of the refusal to grant consent for the alterations and additions to an existing childcare centre including the construction of a new building for 20 children aged 0-2 years, increasing the overall capacity of the centre from 36 children to 59 children. The hours of operation will be modified from 7:00am to 6:00pm Monday to Friday to 7:00am to 7:00pm Monday to Friday. The application was refused as the proposal did not comply with several of Council’s planning controls with respect to the Child Cares Centre DCP 2007 and the Parramatta Development Control Plan 2005 (namely insufficient indoor/outdoor play space and locational requirements)

The Section 82A Review application has been accompanied with an operational management plan which indicates in hourly intervals that each child will have access to adequate areas for outdoor/indoor play. In this regard, the management plan will be endorsed as a condition of consent to ensure that the childcare centre operates in accordance with the operational management plan. Furthermore it is considered that the proposal will not adversely affect the residential amenity of the area having regard for acoustic and traffic impacts.

The Section 82A Review application is being referred to Council for determination in accordance with Council’s resolution requiring all such applications to be determined by Council.

One submission has been received in respect of this application.

The application is recommended for approval subject to conditions, as it is consistent with the aims and objectives of the Residential 2A zone applying to the land, and is generally consistent with the aims and objectives contained within the Parramatta Local Environment Plan 2001 and the previous reasons for refusal of the original development application have been resolved.

RECOMMENDATION

(a) That Council change its determination and approve Development Application 548/2008 for the alterations and additions to an existing childcare centre including the construction of a new building for 20 children aged 0-2 years and increasing the overall capacity of the centre from 36 children to 59 children and changing the hours of operation from 7:00am to 6:00pm Monday to Friday to 7:00am to 7:00pm Monday to Friday , subject to the conditions of consent in Attachment 1 of this report.

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

James McBride

Development & Certification Officer

Attachments:

1View	Assessment Report	38 Pages
2View	Location Map	1 Page
3View	Plans and Elevations	6 Pages
4View	Operational Management Plan	1 Page
5	Previous Assessment Report	13 Pages

Regulatory Council 11 May 2009

Item 12.5

DEVELOPMENT APPLICATION

ITEM NUMBER 12.5

SUBJECT 1 Sorrell Street, Parramatta
(Lot 501, DP 589375( (Arthur Phillip Ward)

DESCRIPTION Alterations and additions to an approved 10 storey mixed-use development including the provision of 2 additional storeys (total 12) and the provision of 7 additional residential apartments (total 37) and strata subdivision.

REFERENCE DA/807/2008 - 27 October 2008

APPLICANT/S Waterfornt Developments Pty Ltd

OWNERS Unable to list due to numerous owners. See Attachment 4

REPORT OF Manager Development Services

reason for

referral to

council Fourteen (14) individual submissions and a petition comprising 44 signatures have been received. Furthermore the application seeks variations through the use of Clause 24 of the City Centre LEP, to the building separation (Clause 22D) and carparking (Clause 22C) controls in the City Centre LEP 2007 by more than 10%.

EXECUTIVE SUMMARY:

This application seeks approval for alterations and additions to an approved 10 storey mixed-use development including the provision of 2 additional storeys (total 12) and the provision of 7 additional residential apartments (total 37) and strata subdivision, upon the subject site.

The original development application (JJ/02856/2002) was approved on 18 November 2002. This DA was approved having regard to the height and floor space ratio controls of Sydney Regional Environmental Plan No. 28. These controls limited the height to a maximum of 36m and the floor space ratio (FSR) to a maximum of 3.0:1.

It should be noted that construction works have commenced on site in conjunction with application JJ/02856/2002. As works have commenced both the original consent and this current DA/807/2008 will run concurrently on the site with respect to the approved development.

Parramatta City Centre LEP 2007 was gazetted on 21 December 2007, replacing Sydney Regional Environmental Plan No. 28. This plan allowed for an increase in the FSR of the site to a maximum of 4:1 and maintained the height limit of 36m. The application seeks approval to increase the size of the building having regard to the City Centre LEP floor space ratio control, resulting in a development having a FSR of 3.6:1 and a height of 35.9m.

The application has been reviewed by the SEPP 65 Design Review Panel and the applicant has suitably addressed the concerns raised by the Panel.

The development is consistent with the objectives of the City Centre LEP 2007 and City Centre DCP 2007.

This development application is referred to Council as 14 individual submissions and a petition comprising 44 signatures have been received. Furthermore the application seeks variations through the use of Clause 24 of the City Centre LEP, to the building separation (Clause 22D) and carparking (Clause 22C) controls in the City Centre LEP 2007 by more than 10%.

Despite non compliances with the carparking, building depth, and building separation requirements of the Parramatta City Centre LEP and DCP the proposal is consistent with the zone objectives and recommended for approval.

RECOMMENDATION

(a) That Council support the variations to Clauses 22C (carparking) and 22D (building separation) of the City Centre Local Environmental Plan 2007.

(b) That development application (DA/807/2008) which seeks approval for alterations and additions to an approved 10 storey mixed-use development including the provision of 2 additional storeys (total 12) and the provision of 7 additional residential apartments (total 37) and strata subdivision, be approved subject to a conditional consent as outlined in Attachment 1 of this report.

Attachments:

1View	Section 79C Report	44 Pages
2View	Location Map	1 Page
3View	Plans	3 Pages
4View	Onwers of Site	1 Page

REFERENCE MATERIAL

Maya Sarwary

Senior Development Officer

Regulatory Council 11 May 2009

Item 12.6

DEVELOPMENT APPLICATION

ITEM NUMBER 12.6

SUBJECT 6 - 10 Charles Street, Parramatta
(Lot 1 DP 962151, Lot 3 DP 306066, Lot 4 DP 306066) (Arthur Philip Ward)

DESCRIPTION Alterations and additions to an approved part 12 and part 6 storey mixed use building including the provision of an additional 21 residential units (total 100 units) with asscoiated car parking and strata subdivision of an approved mixed use development.

REFERENCE DA/611/2008 - 15 August 2008

APPLICANT/S Charles Street Apartments and Demian Holdings Pty Ltd

OWNERS Charles Street Apartments and Demian Holdings Pty Ltd

REPORT OF Manager Development Services

REASON FOR

REFERRAL To

Council The application seeks variation through the use of clause 24 of the City Centre LEP, to the building separation (clause 22D) and car parking (clause 22C) controls in the City Centre LEP 2007 by more than 10%.

EXECUTIVE SUMMARY:

This application seeks approval for alterations and additions to an approved part 12 and part 6 storey mixed use development including the provision of an additional 21 residential units (total 100 units), associated car parking and strata subdivision.

The original application (DA/3074/2002) was approved on 12 December 2005. This DA was approved having regard to the floor space ratio controls of Sydney Regional Environmental Plan No. 28. These controls limited the floor space ratio (FSR) to a maximum of 4.2:1.

Parramatta City Centre Local Environmental Plan 2007 was gazetted on 21 December 2007, replacing Sydney Regional Environmental Plan No. 28. This plan allowed for an increase in the FSR of the site to a maximum of 5.14:1. The application seeks approval to increase the size of the building having regard to the City Centre LEP floor space ratio control, resulting in the development having a FSR of 5.14:1.

The application has been reviewed by the SEPP 65 Design Review Panel and the applicant has suitably addressed the concerns raised by the Panel.

The development is consistent with the objectives of the City Centre LEP 2007 and City Centre DCP 2007.

The development application seeks variation through the use of clause 24 of the City Centre LEP, to the building separation (clause 22D) and car parking (clause 22C) controls in the City Centre LEP 2007 by more than 10%.

Despite the non compliances with the car parking and building separation requirements of the Parramatta City Centre LEP and DCP the proposal is consistent with the zones objectives and is now recommended for approval.

RECOMMENDATION

(a) That Council support the variations to Clauses 22C (car parking) and 22D (building separation) of the City Centre Local Environmental Plan 2007.

(b) That development application (DA/611/2008) which seeks approval for alterations and additions to an approved part 12 and part 6 storey mixed use development including the provision of an additional 21 residential units (total 100 units), associated car parking and strata subdivision be approved subject to a conditional consent as outlined in Attachment 1 of this report.

Sara Matthews

Senior Development Assessment Officer

Attachments:

1View	Section 79C Report	31 Pages
2View	Location Map	1 Page
3View	Plans	30 Pages

Sue Coleman – Group Manager City Services			Assistant Minutes Clerk – Joy Bramham
Geoff King – Acting Group Manager Corporate			Minutes Clerk – Grant Davies
Sue Weatherley–Group Manager Outcomes & Development

Clr Paul Barber – Caroline Chisholm Ward			Clr Lorraine Wearne, Deputy Lord Mayor Lachlan Macquarie Ward
Clr Mark Lack – Elizabeth Macarthur Ward			Clr John Chedid – Elizabeth Macarthur Ward
Clr Glenn Elmore – Woodville Ward			Clr Scott Lloyd – Caroline Chisholm Ward
Clr Pierre Esber– Lachlan Macquarie Ward			Clr Andrew Wilson – Lachlan Macquarie Ward
Clr Prabir Maitra – Arthur Phillip Ward			Clr Andrew Bide – Caroline Chisholm Ward
Clr Julia Finn – Arthur Phillip Ward	Clr Michael McDermott - Elizabeth Macarthur Ward	Clr Paul Garrard - Woodville Ward	Clr Chiang Lim – Arthur Phillip Ward

1View	Section 79C Report	28 Pages
2View	Locality Map	1 Page
3View	Plans and Elevations	17 Pages