MINUTES OF THE Meeting of Parramatta City Council HELD IN THE Council Chambers, CIVIC PLACE, PARRAMATTA ON Monday, 11 May 2009 AT 6:45 pm

PRESENT

The Lord Mayor, Councillor A Issa, OAM, in the Chair and Councillors P B Barber, A Bide, J Chedid (retired 8.41 pm), G J Elmore, J D Finn, P J Garrard, M A Lack, C X Lim, S D Lloyd, P K Maitra, M D McDermott, L E Wearne (retired 7.47 pm) and A A Wilson.

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.

CONGRATULATIONS TO ARTS AND CULTURE PROJECT OFFICER

10685        RESOLVED       (Issa/Maitra)

That a congratulatory letter be forwarded to Arts and Culture’s Andrew Overton, recipient of the Brendan Hartnett Award announced at the NSW Local Government Cultural Awards on Friday and he be acknowledged for his fine efforts.

MINUTES

	SUBJECT          Minutes of the Council Meeting held on 27 April 2009
10686	RESOLVED      (Barber/Elmore) That the minutes be taken as read and be accepted as a true record of the meeting.

APOLOGIES

10687        RESOLVED       (Barber/Elmore)

That an apology be received and accepted for the absence of Councillor P Esber.

DECLARATIONS OF INTEREST

There were no declarations of interest at this Regulatory Council Meeting.

PUBLIC FORUM

1

SUBJECT           Pollution on arterial Roads, Western Sydney Alliance          and WSROC REFERENCE    F2004/07097 FROM                 Mr Barry Benson

10688

“Question 1.        What steps has council taken to identify pollution ‘hotspots’ along main arterial roads or roads carrying more than 22,000 vehicles per day? Question 2          Does Council still retain membership of the Western Sydney Regional Organization of Councils? If so, why and what is the return, financial or otherwise to the citizens of the Parramatta Local Government Area? Question 3          Does Council still retain membership of the Western Sydney Alliance? If so, why and what is the return financial or otherwise to the citizens of the Parramatta Local Government Area? Question 4          Who are Parramatta Councils representatives on those organizations?” RESPONSE By The Lord Mayor, Councillor A Issa OAM:- “That due to the research involved in answering these questions, a written response will be provided to Mr Benson within 5 working days.”

PETITIONS

1	SUBJECT          Request for Temporary Closure of Farnell Street, Merrylands at Woodville Road REFERENCE    F2004/07072 FROM                 Residents of Farnell Street, Merrrylands
10689	RESOLVED      (Garrard/Elmore) (a)      That the petition be received and referred to the appropriate Council officer for report on issues associated with Farnell Street as outlined in the petition. (b)      Further, that up to date vehicle and speed recordings be taken for vehicles utilising this street.

Rescission Motions

7.1

SUBJECT          Child Care Centre Fees REFERENCE    F2008/03695 - D01198922 REPORT OF      Councillor L E Wearne

10690 10691

RESOLVED       (Wearne/Lim) That the resolution of the Ordinary Council Meeting held on 27 April 2009, regarding Child Care Centre Fees, namely:- (a)      That Council receive and note the contents of the report and attachment; (b)      That Council consider the range of childcare fee options as presented in the attached Options Paper; (c)       That Council approve an increase in the childcare fees to a minimum of $63.50 per day from 1^st July 2009 in line with inflation at 2.4 %. (d)      That Council consider a staged increase in the childcare fees that will assist their sustainability and work towards a cost neutral result for Council. (e)      Further, that for the period from 1/1/11 after the 0 – 2 changes come into effect, a paper be prepared considering options for limiting subsidies to local residents and low income earners. be and is hereby rescinded. MOTION              (Lim/Wearne) (a)      That the daily charge for the financial year 1 July 2009 to 30 June 2010 be set at $66 per child (resulting in an annual business unit operating loss of $319,007 which Council will subsidise): (b)      That an internal Child Care Committee composed of relevant staff and interested Councillors be formed immediately with recommendations developed for Council's consideration by the end of 2009 on the following: 1    How to increase the weekly attendance rate of children from 3 days to 5 days per week; 2    The feasibility of commercialising one of Council’s Child Care Centres as a profit centre in order to offset the operating losses of the other Centres; 3    Legal options for means testing high income families and also prioritising child care to those in need, as well as local residency, instead of the current first-come-first-serve basis; and 4    Other relevant recommendations relating to service deliveries and other issues developed through the Committee, as well as sought from the Child Care industry. (c)       Further, that the daily charge could be changed during the 2009/2010 financial year subject to the Council's consideration of the recommendations and findings of the Child Care Committee. AMENDMENT   (Barber/Finn) (a)       That the daily charge for the financial year 1 July 2009 to 30 June 2010 be set at $64 per child. (b)       That an internal Child Care Committee composed of relevant staff and interested Councillors be formed immediately with recommendations developed for Council's consideration by the end of 2009 on the following:            1       How to increase the weekly attendance rate of children from 3 days to 5 days per week;            2       The feasibility of commercialising the Westfield Child Care Centres as a profit centre in order to offset the operating losses of the other Centres;            3       Legal options for means testing high income families and also prioritising child care to those in need, as well as local residency, instead of the current first-come-first-serve basis; and            4       Other relevant recommendations relating to service deliveries and other issues developed through the Committee, as well as sought from the Child Care industry. (c)       That the daily charge could be changed during the 2009/2010 financial year subject to the Council's consideration of the recommendations and findings of the Child Care Committee. (d)      Further, that from the period 1 January 2011, after the 0 - 2 year old increase comes into effect, a paper be prepared addressing possible subsidies to local residents and low income earners. PROCEDURAL MOTION              (Bide/Lloyd) That the question be put. The procedural motion was put and carried. The amendment was put and lost. The motion was put and carried. NOTE:    During discussion on this matter, but prior to voting, the Deputy Lord Mayor, Councillor L E Wearne assumed the Chair to enable the Lord Mayor, Councillor A Issa OAM to participate in debate on this issue.

CITY LEADERSHIP AND MANAGEMENT

7.2

SUBJECT          2009/2014 Draft Management Plan, Budget and Fees &                             Charges REFERENCE    F2008/03695 - D01185884 REPORT OF      Manager - Finance

10692

MOTION    (Wearne/Lim) (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 changes: 1. The daily charge for Child Care Centres be set at $66 2. 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. 3.      The enhancement to the graffiti management service be      increased to a total level of $177,250 operating      expenditure plus $100,000 capital as outlined in Option      1 of this report and to maintain the budget funding      position as outlined in this report. 4.      Deletion or alteration of the following items from the    prioritised Capital Projects list of 7^th April 2009: i.     Delete item 6 – New Park at Tucks Road, Toongabbie ii.    Reduce item 8 to $70,000.00 – Purchase of Equipment for Parramatta War Memorial Pool iii    Item 14 for Northmead Neighbourhood Centre Streetscape Upgrade be funded with $27,000 from General Revenue and $50,000 to be from borrowed Section 94 funds iv     Item 15 for Epping Town Centre – Better Neighbourhood Upgrade to be funded from borrowed Section 94 funds v      Item 16 for Westmead Better Neighbourhood Upgrade to be funded from borrowed Section 94 funds vi.    Item 17 for Paving at the Parramatta Town Hall Entrance and Car park be reduced to $78,000 from Section 94 funds vii    Item 18 for Security for Parramatta Pool be reduced to $120,000 viii   Item 22 for Street Lighting Enhancements be moved above the red line and included in the draft budget. 5.      Deletion or alteration of the following items from the      prioritised Operating Projects list of 7^th April 2009:      i.        Delete item 1 for the Climate Change Adaptation                           Strategy ii.    Delete item 7 for the Parramatta Cultural Trust iii    Delete item 8 for the Tourism Development Plan iv    Delete item 9 for the Granville Youth and Community Centre IT upgrade v.    Delete item 10 for Conservation Management Plan for Parramatta Town Hall vi    Delete item 11 for Animating the Cities and Stories Program vii   Delete item 12 for the Tourism Development Officer viii  Delete item 13 for the Community Hubs Feasibility Study 6.      Inclusion of the following items from the prioritised      Operating Projects currently below the red line on the list      of 7^th April 2009: i. Item 14 funded to the sum of $170.000 from general revenue for Additional Footpath, Kerb and Gutter maintenance ii. Item 20 for Graffiti Management to be funded from general revenue iii. Item 21 for the Winter Operation of Parramatta War Memorial Pool be funded to the sum of $250,000 from general revenue and $100,000 from Section 94 funds iv. Item 27 for the Local Government Aboriginal Network Conference be funded to the sum of $30,000 from General revenue v. Item 28 for the Expansion of the Lawn Mowing Service be funded from general revenue vi. Item 29 for the Annual Christmas Lights Competition be funded from general revenue  (d)      That in emphasising the Chamber’s position that managers must be accountable for their budgets, that the CEO report to the October ‘quarterly review’ on the possibility of reducing the B780 City Operational Level 3 Unit Budget by 5% representing a saving of up to $1.45 million. (e)       Further, that the CEO in utilising the services of an    external consultant seek to identify various productivity savings within Council’s Depot and amongst other matters, seek to cover the following issues:- · The Grading System · Chronic Absenteeism · The amount of Sick Leave taken · The flexitime system · Workers Compensation Claims · A review of the ‘call out’ and ‘call back’ system · A review of the practice of flexitime being accumulated and its use in lieu of annual leave · Review of the various ‘gentleman’s agreements’ which exist · Monitor the hours worked by Staff and particularly, senior staff · Any unauthorised/Use of Council resources and equipment. AMENDMENT   (Barber/Elmore) (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 changes: 1. The daily charge for Child Care Centres be set at $64 and efficiencies be created within the building budget. 2. 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. 3.      The enhancement to the graffiti management service be      increased to a total level of $177,250 operating      expenditure plus $100,000 capital as outlined in Option      1 of this report and to maintain the budget funding      position as outlined in this report. 4.        Deletion or alteration of the following items from the                  prioritised Capital Projects list of 7^th April 2009: i.     Delete item 6 – New Park at Tucks Road, Toongabbie ii     Item 7 be reduced to $70,000 iii.   Reduce item 8 to $70,000.00 – Purchase of Equipment for Parramatta War Memorial Pool iv     Item 14 for Northmead Neighbourhood Centre Streetscape Upgrade be funded with $27,000 from General Revenue and $50,000 to be from borrowed Section 94 funds v      Item 15 for Epping Town Centre – Better Neighbourhood Upgrade to be funded from borrowed Section 94 funds vi     Item 16 for Westmead Better Neighbourhood Upgrade to be funded from borrowed Section 94 funds vii.   Item 17 for Paving at the Parramatta Town Hall Entrance and Carpark be reduced to $78,000 from Section 94 funds viii   Item 18 for Security for Parramatta Pool be reduced by 60,000 with extra funds to be utilised to upgrade network connections to Guildford and Constitution Hill library. ix     Item 22 for Street Lighting Enhancements be moved above the red line and included in the draft budget. x      The position of Crime Prevention Officer be funded as Item 24 5.       Deletion or alteration of the following items from the                  prioritised Operating Projects list of 7^th April 2009:      i.        Delete item 1 for the Climate Change Adaptation                           Strategy ii.    Item 7 for the Parramatta Cultural Trust be reduced by 70,000 iii    Delete item 8 for the Tourism Development Plan iv    Delete item 9 for the Granville Youth and Community Centre IT upgrade v.    Delete item 10 for Conservation Management Plan for Parramatta Town Hall vi    Delete item 11 for Animating the Cities and Stories Program vii   Delete item 12 for the Tourism Development Officer viii  Delete item 13 for the Community Hubs Feasibility Study 6.       Inclusion of the following items from the prioritised                     Operating Projects currently below the red line on the list            of 7^th April 2009: i.   Item 14 funded to the sum of $170.000 from general revenue for Additional Footpath, Kerb and Gutter maintenance ii. Item 20 for Graffiti Management to be funded from general revenue iii. Item 21 for the Winter Operation of Parramatta War Memorial Pool be funded to the sum of $250,000 from general revenue and $100,000 from Section 94 funds iv. Item 27 for the Local Government Aboriginal Network Conference be funded to the sum of $74,000 from General Revenue v. Item 28 for the Expansion of the Lawn Mowing Service be funded from general revenue vi. Item 29 for the Annual Christmas Lights Competition be funded from general revenue The amendment was put and lost. The motion was put and carried.

Regulatory Reports

8.1	SUBJECT          Variations to Standards under SEPP 1 REFERENCE    F2009/00431 - D01174974 REPORT OF      Manager Development Services
10693	RESOLVED       (Lim/Wilson) That the report be received and noted.

8.2

SUBJECT          Prelodgement Operating Procedures REFERENCE    F2008/01194 - D01190042 REPORT OF      Manager Development Services

10694

RESOLVED       (Lim/Barber) (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.

8.3	SUBJECT          Proposed amendment to the Environmental Planning                             and Assessment Act (Section 109PA) REFERENCE    F2008/01194 - D01190043 REPORT OF      Manager Development Services
10695	RESOLVED       (Lim/Barber) (a)      That the report be received and noted. (b)      Further, that the Lord Mayor write 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.

COUNCIL MATTERS TO BE ADOPTED WITHOUT DISCUSSION

10696        RESOLVED       (Barber/Maitra)

That Item No 11.3 of Domestic Applications and Item Nos 12.2, 12.4 and 12.6 of Development Applications as listed on the Agenda for the Council Meeting held on 11 May 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, J D Finn, P J Garrard, M A Lack, C X Lim, S D Lloyd, P K Maitra, M D McDermott, and A A Wilson.

NOES          None.

NOTE:        Councillor L E Wearne retired from the meeting at 7.47 pm during consideration of this matter.

Reports - Domestic Applications

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 REPORT 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.

10697

RESOLVED       (Lloyd/Barber) (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 with the deletion of Condition 9 and an additional condition requiring the addition of a privacy screen on the western side edge of the decking. (b)      That Council support the variation to Clause 39 of the PLEP 2001 under the provisions of SEPP 1. (c)       Further, that the objectors be advised of Council’s decision on the matter. DIVISION        The result being:- AYES             The Lord Mayor, Councillor A Issa, OAM and Councillors P B Barber, A Bide, J Chedid, G J Elmore, J D Finn, P J Garrard, M A Lack, C X Lim, S D Lloyd, P K Maitra, M D McDermott and A A Wilson. NOES            None.

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

10698

RESOLVED       (McDermott/Wilson) That consideration of this matter be deferred pending a further report by the Strategic Crime and Corruption Officer on the circumstances surrounding the original development application including whether the matter should be referred to ICAC should any inappropriate behaviour be established. DIVISION        The result being:- AYES             The Lord Mayor, Councillor A Issa, OAM and Councillors P B Barber, A Bide, J Chedid, G J Elmore, J D Finn, P J Garrard, M A Lack, C X Lim, S D Lloyd, P K Maitra, M D McDermott and A A Wilson. NOES            None.

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 REPORT TO COUNCIL     SEPP 1 Variation greater than 10%

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. NOTE:      This matter was adopted under Minute No  10696    – Council Matters To Be Adopted Without Discussion.

Reports - Development Applications

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.

10699

MOTION             (Lim/Bide) (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 together with the following additional condition:- 1         That truck deliveries between 8am and 9am and 2.30 pm and 3.30 pm be excluded when schools are in session. (b)     Further, that objectors be advised of Council’s decision. The motion was withdrawn by Councillor Lim. RESOLVED       (McDermott/Finn) That consideration of this matter be deferred to the next Council Meeting (Regulatory). DIVISION        The result being:- AYES             The Lord Mayor, Councillor A Issa, OAM and Councillors J Chedid, G J Elmore, J D Finn, P J Garrard, M A Lack, C X Lim, S D Lloyd, P K Maitra, M D McDermott and A A Wilson. NOES            Councillors P B Barber and A Bide.

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

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. NOTE:      This matter was adopted under Minute No 10696      Council Matters To Be Adopted Without Discussion.

12.3

SUBJECT          40 Eleanor Street, ROSEHILL  NSW  2142 (Lots 29-31 & Lots 41-43 DP 2249)  (Elizabeth Macarthur) DESCRIPTION  Alterations and additions to the existing place of public worship. REFERENCE    DA/688/2008 - Submitted 19 September 2008 APPLICANT/S   POZ International Pty Ltd OWNERS           Boch. Shri Akshar-Purushotlam Swam. Sanstha P/L REPORT OF      Manager Development Services REASON FOR REPORT TO COUNCIL     Place of public worship.

10700

MOTION              (Finn/Maitra) (a)      That Council grant consent to Development Application No. 688/2008, for alterations and additions to the existing place of public worship on land at 40 Eleanor Street, Rosehill as shown on approved plans, for a period of three years from the date of the Notice of Determination, subject to conditions of consent contained in Attachment 1. (b)      Further, that objectors be advised of Council’s decision. AMENDMENT   (Chedid/Wilson) That consideration of this matter be deferred for 2 weeks to enable consideration of a resolution in relation to traffic/parking issues. 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, A Bide, J Chedid, G J Elmore, P J Garrard, M A Lack, C X Lim, S D Lloyd, M D McDermott and A A Wilson. NOES        Councillors P B Barber, J D Finn & P K Maitra.

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 REPORT FOR COUNCIL  Section 82A review

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 NOTE:      This matter was adopted under Minute No 10696      Council Matters To Be Adopted Without Discussion.

ADJOURNMENT OF MEETING

In accordance with Council's decision of 23 October 2000 (Minute No 5712) the meeting adjourned at 8.41 pm for a period of 10 minutes.

RESUMPTION OF MEETING

The meeting resumed in the Council Chamber at 8.51 pm, there being in attendance The Lord Mayor, Councillor A Issa, OAM, and Councillors G Elmore, J D Finn, P J Garrard, M Lack, P Maitra, C X Lim, S Lloyd, M McDermott and A A Wilson.

Note

Councillor J Chedid did not return to the meeting after the adjournment.

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   Waterfront 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 car parking (Clause 22C) controls in the City Centre LEP 2007 by more than 10%.

10701

RESOLVED       (Garrard/Finn) (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. (c)        Further, that the objectors be advised of Councils decision. DIVISION        The result being:- AYES          The Lord Mayor, Councillor A Issa, OAM, and Councillors G Elmore, J D Finn, P J Garrard, M Lack, C X Lim, S Lloyd, P Maitra, M McDermott and A A Wilson. NOES         None.

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%.

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. (c)       Further, that the objectors be advised of Council’s decision. NOTE:      This matter was adopted under Minute No 10696      Council Matters To Be Adopted Without Discussion.

CLOSED SESSION
10702	RESOLVED       (Garrard/Wilson) 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(2) of the Local Government Act, 1993 as the item listed comes within the following provisions:-

1                Legal Matters Monthly Report to Council. (D01190037) - 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.

NOTE:     Councillor A Bide returned to the meeting at 8.53 pm during consideration of this matter.

                  Councillor P Barber returned to the meeting at 8.54 pm during Closed Session.

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

Closed Session

14.1

SUBJECT          Legal Matters Monthly Report to Council REFERENCE    F2004/07898 - D01190037 REPORT OF      Manager Development Services. Also Manager Development Services Memorandum dated 8 May 2009.

10703

RESOLVED       (Garrard/Lim) (a)       That the report be received and noted. (b)       Further, that in relation to DA/634/2007:- 1.      That Council not oppose DA/634/2007 on town planning grounds (contentions 1, 2, 3, 4) in the event that the Commissioner of the Land and Environment Court is content to accept that the traffic contention does not warrant refusal of the subject application. 2.      That in the event that the Commissioner of the Land and Environment Court is content to accept the traffic contention does not warrant refusal of the subject application, Council enter into consent orders in respect of DA/634/2007 (Land and Environment Court Proceedings No. 10077 of 2009). 3       That all persons having made submissions in respect of the application be notified of Council’s decision and that a copy of the Statement of Evidence prepared by the Court appointed town planning expert be made available to these persons.

QUESTION TIME

1	SUBJECT          Relay For Life REFERENCE    F2009/00840 FROM                 Councillor P B Barber
10704	Councillor Barber sought advice as to whether Council had advertised for Councillors to participate in the Relay for Life. The Lord Mayor indicated that advertisements had been placed in the Advertiser and also sent to Councillors and added that staff on level 12 were participating in the event.

2

SUBJECT          Replacement of Clock - Guildford Shopping Centre REFERENCE    F2004/07627 FROM                 Councillor G Elmore

10705

Councillor Elmore indicated that the upgrading works at Guildford Shopping Centre were progressing nicely and added that the local Reverend had expressed his pleasure at the attractive nature of the works. He then provided background on a clock that had been donated by the Rotary Club in 1967 which had been erected on a telegraph pole in the Shopping Centre. The subject telegraph pole was scheduled for removal. Discussions had been held with the Granville Historical Society and it was noted that the clock did not have a great deal of historical value and was somewhat unreliable Accordingly, Councillor Elmore asked whether investigations could be held on the possible replacement of the clock with an analog version. The Lord Mayor advised that the matter would be referred to the appropriate officer for investigation.

3	SUBJECT          Improved Street Lighting REFERENCE    F2005/02307 FROM                 Councillor P K Maitra
10706	Councillor Maitra asked that efforts be made to improve street lighting in front of premises in Westmead. He added that he would provide details on the street address in the near future. Note Councillor Maitra has subsequently advised that the premises in question is 8 – 10 Lydbrook Street, Westmead.

4	SUBJECT          Widening of Bridge at Bridge Road, Westmead REFERENCE    F2004/07422 FROM                 Councillor P K Maitra
10707	Councillor Maitra advised that there was a pressing need for the bridge at Bridge Road, Westmead on the boundary of Holroyd and Parramatta Councils to be widened as this location had a huge impact on traffic conditions in Westmead. Councillor Maitra sought advice on what the procedure would be to move forward on this issue.

5	SUBJECT          Major Earthworks at Kissing Point Road, Dundas REFERENCE    F2008/04592 FROM                 Councillor M McDermott
10708	Councillor McDermott sought advice as to what was happening in relation to the major earthworks along Kissing Point Road, near Bettington Road heading towards Vineyard Creek Reserve. He advised that the specific area contained a major sewer pipe and residents were keen to understand the purpose of the work.

6

SUBJECT          Reid Report REFERENCE    F2007/01165 FROM                 Councillor P J Garrard

10709

Councillor Garrard referred to the April edition of “Laurie Ferguson’s Reid Report” and requested that Mr Ferguson MP be notified of the names of the Councillors who were on Council’s Infrastructure Project Committee. Councillor Garrard added that Granville had received the entire amount of 2^nd stage Federal Infrastructure Funding with Granville and the Woodville Ward receiving 80% of the total city allocation.

7	SUBJECT          Tackling Graffiti REFERENCE    F2005/01934 FROM                 Councillor C X Lim
10710	Councillor Lim requested that the Hon Tanya Gadiel MP be asked what assistance will she directly provide to the City of Parramatta about tackling graffiti in terms of community service from the Department of Juvenile Justice or state government funding.

8

SUBJECT          Protests in Church Street Mall REFERENCE    F2004/06745 FROM                 Councillor A Wilson

10711

Councillor Wilson congratulated the Lord Mayor on his recent handling of the protest in the Church Street Mall held by some members of the Tamil community and for his moving speech on this issue. Councillor Wilson expressed his sympathies for this community but added that the reports of this event in the local press were biased and conveyed an incorrect impression. He requested that a major effort needed to be undertaken to correct the impression given in the press. The Lord Mayor thanked Councillor Wilson for his kind words and also expressed his sympathies for the Tamil community but added that he felt direction needed to be given to ensure safety of the local community.

9	SUBJECT          Dog Leash Free Areas REFERENCE    F2005/00856 FROM                 Councillor S Lloyd
10712	Councillor Lloyd requested that the appropriate Council officer prepare a report by August 2009, including a break down by location, on the cost of placing water taps and seating in Council’s dog leash free areas

The meeting terminated at 9.05 pm.

THIS PAGE AND THE PRECEDING 19 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON MONDAY, 11 MAY 2009 AND CONFIRMED ON MONDAY, 25 MAY 2009.

                                                                                               Lord Mayor

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