Minutes of Regulatory Council

MINUTES OF THE Meeting of Parramatta City Council HELD IN THE Council Chambers, CIVIC PLACE, PARRAMATTA ON Monday, 13 July 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, G J Elmore, P Esber, P J Garrard, M A Lack, S D Lloyd, P K Maitra, M D McDermott and L E Wearne (Deputy Lord Mayor).

ACKNOWLEDGEMENT TO TRADITIONAL LAND OWNERS

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

MINUTES

SUBJECT Minutes of the Council Meeting held on 22 June 2009

10806

RESOLVED (McDermott/Chedid)

That the minutes of the Council Meeting held on 22 June 2009 be adopted with the following changes:-

1. An alteration to Minute No. 10794 regarding the Community Grants Program, part (a)1 which is now to read:-

“1. The application submitted under Community Capacity Building – Paid Staff $100,000 by Cumberland Women’s Health ranked High – 3.”

2. An addition to Closed Session under a Suspension of Standing Orders requesting that a small memento be forwarded to Granville Kewpies Soccer Club in recognition of their 90^th Birthday for placement in Kewpies’ Clubhouse.

APOLOGIES

10807 RESOLVED (Barber/Lloyd)

That an apology be received and accepted for the absence of Councillors J D Finn, C X Lim and A A Wilson.

DECLARATIONS OF INTEREST

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

MINUTES OF THE LORD MAYOR

SUBJECT Acknowledgement of the Passing of Mrs Finlola Tuite

REFERENCE F2004/08215

FROM The Lord Mayor, Councillor A Issa OAM

10808

RESOLVED (Issa/Esber)

(a) That Council acknowledge the passing of Mrs Finlola Tuite and pay respect to her memory as a much loved member of the Ermington community.

(b) That this Council ensure our condolences are sent to Mrs Finlola Tuite’s husband James, her young daughters Allie and Nikita.

SUBJECT Acknowledgement of the Passing of Mrs Heather Pugh

REFERENCE F2004/08215

FROM The Lord Mayor, Councillor A Issa OAM

10809

RESOLVED (Issa/Esber)

(a) That Council acknowledge the passing of Mrs Heather Pugh and pay respect to her memory and considerable contribution to the Parramatta community.

(b) That this Council ensures our condolences have been sent to Mrs Heather Pugh’s family.

SUBJECT Congratulate the City Operations Unit for Achieving 70 days with a Lost Time Incident

REFERENCE F2004/06745

FROM The Lord Mayor, Councillor A Issa OAM

10810

RESOLVED (Issa/Bide)

(a) That Council recognise that the City Operations Unit has achieved an important milestone in reaching 70 days without a lost time incident.

(b) That Council recognise the efforts of the CEO Dr Robert Lang, Group Manager of City Services Sue Coleman, Civil Operations Manager Tim Dale and staff in achieving this important milestone.

(c) That Council express its support of staff at the City Operations Unit in continuing to reduce lost time incidents.

(d) Further, that Council express its support for all Council staff in reducing lost time incidents.

PETITIONS

SUBJECT Proposed Power Station in Elizabeth Street, Granville

REFERENCE F2007/01580

FROM M Ruggiero and others

10811

RESOLVED (Garrard/Chedid)

(a) That the petition be received and noted.

(b) That Parramatta City Council opposes the construction of the Integral Energy 132 000 volt substation in Elizabeth Street, Granville.

(c) That it is considered that Integral Energy will use the special provisions of the Environmental Planning and Assessment Act 1979 Part 3A – Major Infrastructure and other Projects to circumvent Parramatta Council Development Application Approval Processes with complete disregard to residents' concerns.

(d) That Integral Energy ignored Council and the residents by not carrying out a public consultation process. If Integral Energy had conducted the proper public consultation, Parramatta Council’s Planning Department could have worked with Integral Energy to include Infrastructure Zonings in the LEP amendment in more appropriate locations rather than the location chosen by Integral Energy for the construction of a Zone Substation which would have addressed the safety concerns associated with Electro Magnetic Fields in a residential area abutting Granville TAFE and close to childcare centres.

(e) That Integral Energy be offered the opportunity for Parramatta Council Planning Officers to work together to find an alternative location to achieve a positive planning outcome for all stakeholders.

(f) That in the public interest, Integral Energy should disclose if any attempt was made in the contractual arrangements with the vendors to conceal the purchase of the properties from other residents in the vicinity.

(g) That failing favourable consideration by Integral Energy, the matter be referred to Council for an appropriate DA process.

(h) Further, that Ward Councillors be kept up to date with correspondence received from Integral Energy in relation to this or similar matters.

SUBJECT 18 - 20 Sheahan Avenue and Kirk Avenue, Guildford - Objection to Proposed Development.

REFERENCE RZ/4/2009

FROM Residents of Sheahan and Kirk Avenues, Guildford

10812

RESOLVED (Garrard/Bide)

(a) That Council oppose the proposed development in Sheahan and Kirk Avenues, Guildford and calls upon the Department of Housing to desist from the proposed development for the reasons outlined in (b) below and requests that the Department submit an application and proceed through the normal DA process.

(b) Further, that this Chamber believes:-

1 The development is out of character with the low scale residential environment of the neighbourhood.

2 The development represents an over development of the site.

3 The local road network is already stressed and incapable of further multi-unit Development.

4 There are no footpaths in either Sheahan or Kirk Avenues to allow the senior/disadvantaged to gain access to shops and transport.

5 The development provides insufficient car parking spaces for tenants and guests.

6 Extensive car movements occur during both AM and PM caused by the local school and further development would result in unsafe pedestrian movements.

7 The development is clearly not in the public interest because of the insufficient facilities within the neighbourhood.

SUBJECT Request for Traffic Calming Measures in Dudley Road, Guildford

REFERENCE F2004/07364

FROM M Mlodrianowski and others

10813

RESOLVED (Elmore/Maitra)

That the petition be received and referred to the Parramatta Traffic Committee for report.

Regulatory Reports

7.1

SUBJECT Variations to Standards under SEPP 1

REFERENCE F2009/00431 - D01232685

REPORT OF Manager Development Services

10814

RESOLVED (Esber/Barber)

That the report be received and noted.

7.2

SUBJECT Enforcement Policy and Parking Policy

REFERENCE F2009/01489 - D01240299

REPORT OF Manager Regulatory Services

10815

RESOLVED (Garrard/Bide)

(a) That consideration of this matter be deferred for a month or to the earliest possible meeting.

(b) Further, that a working party consisting of the Lord Mayor, Councillor A Issa, OAM and Councillors M Lack, C X Lim and L E Wearne be formed and the working party be permitted to liaise with appropriate independent legal personnel seeking advice on the future policy.

Culture and Leisure

8.1

SUBJECT 2009/2010 Requests for Fee Subsidy for the use of Public Halls, Community Centres and Meeting Rooms

REFERENCE F2004/07903 - D01241028

REPORT OF Service Manager Recreation Facilities

10816

RESOLVED (Chedid/McDermott)

(a) That the report on requests for fee subsidies for the use of public halls, community centres and meeting rooms by annual hirers for 2009/2010 be received and noted.

(b) That Rydalmere Ermington Senior Citizens be exempted from fees and charges based on information recently provided to the CEO and Manager Recreation Services.

(c) That Council approve the annual fee subsidies to be granted as recommended in the 2009/2010 Fee Subsidy Assessment Sheet.

(d) That the applicants who have been unsuccessful in receiving a full exemption be contacted to negotiate a payment program.

(e) That the invoices be issued to those groups who are required to pay fees for their use of Public Halls, Community Centres and Meeting Rooms.

(f) That a review of the assessment criteria be undertaken in the next 12 months, with a discussion paper prepared for Councillor input prior to the matter being reported formally to Council for decision.

(g) Further, that all senior citizen services in the LGA be exempt and be notified of this decision.

COUNCIL MATTERS TO BE ADOPTED WITHOUT DISCUSSION

10817 RESOLVED (Esber/Barber)

That Item No 11.1 of Domestic Applications as listed on the Agenda for the Council Meeting held on 13 July 2009 be adopted in accordance with the Officer’s recommendations.

DIVISION The result being:-

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

NOES None.

Reports - Domestic Applications

11.1

SUBJECT 21 Angus Avenue, Epping
(Lot 11A DP 21846) (Lachlan Macquarie Ward)

DESCRIPTION Construction of a new dwelling house

REFERENCE DA/269/2009 - Submitted 1 May 2009

APPLICANT/S Kenneth Todd Dewey & Jung Bok Park

OWNERS Kenneth Todd Dewey & Jung Bok Park

REPORT OF Manager Development Services

REASON FOR REFERRAL TO COUNCIL

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.

RECOMMENDATION

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

(b) Further, that Development Application No. 269/2009 for the construction of a new dwelling house on land at 21 Angus Avenue, Epping be approved subject to conditions of consent in Attachment 1 of this report.

Note

This recommendation was adopted under Council Matters adopted without Discussion (Minute No. 10817 refers).

Reports - Development Applications

12.1

SUBJECT 32 Berry Street, Clyde (Lot 1 in DP 799094) (Elizabeth Macarthur Ward)

DESCRIPTION Section 96 Application (DA/1679/2002/C) - modification of the internal layout of the ground floor of an approved brothel.
Section 96 Application (DA/1679/2002/D) - increase in the number of employees.

REFERENCE DA/1679/2002/C - lodged 6th November, 2008 and DA/1679/2002/D lodged 9th March, 2009

APPLICANT/S Stewart Planning Group

OWNERS Mr Mark Palmer

REPORT OF Manager Development Services

REASON FOR REFERRAL TO COUNCIL

Brothel applications.

10818

RESOLVED (McDermott/Chedid)

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 A Bide, J Chedid, P Esber, P J Garrard, M A Lack, S D Lloyd, P K Maitra and M D McDermott.

NOES Councillor P B Barber, G J Elmore and L E Wearne.

12.2

SUBJECT Section 82A Review - 15 Virginia Street, Rosehill.
(Lot 19 Sec 1 DP 1775)

DESCRIPTION Alterations and additions to an existing dwelling including a proposed garage and the construction of a two storey dwelling to create a detached dual occupancy development with Torrens title subdivision.

REFERENCE DA/568/2008 - Submitted 8 August 2008 (Section 82A Review Submitted 13 February 2009)

APPLICANT/S J Frangieh

OWNERS J Frangieh

REPORT OF Manager Development Services. Also Group Manager Outcomes and Development Memorandum dated 10 July 2009.

REASON FOR REFERRAL TO COUNCIL

Section 82A Review.

10819

RESOLVED (Chedid/McDermott)

That the application be approved in accordance with standard conditions to be imposed by the Manager Development.

DIVISION The result being:-

AYES The Lord Mayor, Councillor A Issa, OAM and Councillors A Bide, J Chedid, P J Garrard, S D Lloyd, M D McDermott and L E Wearne.

NOES Councillors P B Barber, G Elmore, P Esber, M A Lack and P K Maitra.

NOTE: A Notice of Motion to rescind this decision was submitted following the conclusion of the meeting.

12.3

SUBJECT 1/110-112 Ballandella Road Pendle Hill (Lot 1 SP 37905) (Arthur Phillip Ward)

DESCRIPTION DA/136/2009 - alterations and additions to existing Brothel
Section 96AA application - (DA/103/2003/A) - deletion of condition 12

REFERENCE DA/136/2009 - Section 96AA - Submitted 19 September 2008 and DA/136/2009 - submitted 17 March 2009

APPLICANT/S Song Li

OWNERS Mr Girolamo Chiddo & Mrs Maria Chiddo

REPORT OF Manager Development Services

REASON FOR REFERRAL TO COUNCIL

Brothel applications.

10820

RESOLVED (McDermott/Chedid)

That the application be deferred to the next Council Meeting (Regulatory).

DIVISION The result being:

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

NOES Councillors P B Barber, G J Elmore, M A Lack and L E Wearne.

12.4

SUBJECT 7 Rossiter Street Granville (Lots 4 & 5 DP 7404) (Woodville Ward)

DESCRIPTION Demolition and construction of a 37 place 2 storey child care centre with a basement carpark.

REFERENCE DA/846/2008 - Submitted 7 November 2008

APPLICANT/S Mr J Nehme and Mrs S Nehme

OWNERS Mr J Nehme and Mrs S Nehme

REPORT OF Manager Development Services

REASON FOR REFERRAL TO COUNCIL

More than 7 submissions have been received.

10821

RESOLVED (Garrard/Esber)

(a) That Development Application No. 846/2008 for demolition and construction of a 37 place child care centre with basement car parking be approved subject to the conditions of consent in Attachment 3 of this report.

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

DIVISION The result being:

AYES The Lord Mayor, Councillor A Issa, OAM, in the Chair and Councillors P B Barber, A Bide, P Esber, P J Garrard, M A Lack, S D Lloyd, P K Maitra, M D McDermott and L E Wearne.

NOES Councillors G J Elmore and J Chedid.

12.5

SUBJECT 135 - 137 Spurway Street Ermington (Lots 102 and 103 DP 36536) (Lachlan Macquarie ward)

DESCRIPTION Demolition, tree removal and construction of a seniors living development containing 6 apartments and 5 villas.

REFERENCE DA/935/2008 - Submitted 9 December 2008

APPLICANT/S Resitech Australia

OWNERS Department of Housing

REPORT OF Manager Development Services

REASON FOR REFERRAL TO COUNCIL

The exhibition of the development application has attracted 12 submissions objecting to the proposal.

10822

RESOLVED (Esber/McDermott)

(a) That development application (DA/696/2008) which seeks consent for demolition, tree removal and construction of a seniors living development containing 6 apartments and 5 villas be approved, subject to the conditions of consent contained in Attachment 2 of this report following concurrence of the conditions from the applicant.

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

DIVISION The result being:

AYES The Lord Mayor, Councillor A Issa, OAM, in the Chair and Councillors P B Barber, A Bide, G J Elmore, P Esber, P J Garrard, M A Lack, S D Lloyd, P K Maitra and M D McDermott.

NOES Councillors J Chedid and L E Wearne.

CLOSED SESSION

13 July 2009

10823

RESOLVED (Esber/Lack)

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 items listed come within the following provisions:-

1 Legal Matters Monthly Report to Council. (D01234576) - 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.

2 Urgent Legal Matter – 80 Dunlop Street, Epping - This report is confidential in accordance with section 10A (2) (g) of the Local Government act 1993 as the report contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

RESUMPTION OF MEETING

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

14.1

SUBJECT Legal Matters Monthly Report to Council

REFERENCE F2004/07898 - D01234576

REPORT OF Manager Development Services

10824

RESOLVED (Esber/Garrard)

That the report be received and noted.

SUBJECT Urgent Legal Matter - 80 Dunlop Street, Epping

REFERENCE F2009/01725

REPORT OF Legal Support Officer Memorandum dated 9 July 2009

10825

RESOLVED (Esber/Wearne)

That the information be received and noted.

QUESTION TIME

SUBJECT Lights on Elizabeth Street Bridge

REFERENCE F2008/02772

FROM Councillor P J Garrard

10826

Councillor Garrard advised that the lights on the prize winning Elizabeth Street Bridge were not currently working and had not worked for some time.

He requested that action be undertaken to remedy this situation.

SUBJECT Cedar Tree in Prince Alfred Park

REFERENCE F2004/10359

FROM Councillor P J Garrard

10827

Councillor Garrard advised that the cedar tree previously located in Prince Alfred Park was missing.

SUBJECT Condition of Footpath Outside Hungry Jacks

REFERENCE F2008/01134

FROM Councillor S Lloyd

10828

Councillor Lloyd advised that a bollard had been removed from outside the Parramatta Store of Hungry Jacks creating an OHS liability.

He requested that the paving at this location receive maintenance attention.

SUBJECT 'Before and After' Shots

REFERENCE F2004/09249

FROM Councillor S Lloyd

10829

Councillor Lloyd questioned whether ‘before and after’ shots were undertaken by staff, especially when major works were undertaken such as in the vicinity of St John Cathedral.

SUBJECT Dumping of Trolleys

REFERENCE F2004/06447

FROM Councillor J Chedid

10830

Councillor Chedid asked whether persons could be fined for dumping shopping trolleys on footpaths.

The Group Manager Outcomes and Development advised that the relevant Act relating to abandoned goods could be used, however, the difficulty lay with catching persons in the act.

Ms Weatherley indicated that the use of ‘trolley tracker’ had been successful but added that discussions would be held with the OLOs with a view to investigating a better method in dealing with dumped trolleys.

SUBJECT Placement of Bollards - Council Carpark Epping

REFERENCE F2004/06036

FROM Councillor L E Wearne

10831

Councillor Wearne advised that next to the Council car park in Epping there is a small reserve. Access to this reserve from the car park had been closed off as a result of an easement issue.

Councillor Wearne added that the bollards had now been removed and trucks were using the access creating a quagmire.

Councillor Wearne requested that metal bollards in concrete be urgently replaced to prevent access to the reserve.

SUBJECT List of Street Lighting Works

REFERENCE F2005/01678

FROM Councillor P Maitra

10832

Councillor Maitra requested that he be provided with a list of all street lighting works approved for the LGA for this financial year together with the proposed starting times for the works.

SUBJECT Tax Invoice - Oatlands Golf Course

REFERENCE DA/953/2007

FROM Councillor P Esber

10833

Councillor Esber requested that he be provided with a copy of the tax invoice for the mediation services carried in conjunction with the Oatlands Golf Course dam mediation issue.

SUBJECT Section 82 Review

REFERENCE DA/568/2008

FROM Councillor P Esber

10834

Councillor Esber advised that Council had for the first time in ten years overturned a staff recommendation in relation to a Section 82 Review and questioned whether this decision needed to be reported in any different fashion.

The Group Manager Outcomes and Development advised that this decision was no different to any other decision where Council chose not to adopt the recommendation of staff.

SUBJECT Australian Property Council Presentation

REFERENCE F2008/04592

FROM Councillor G Elmore

10835

Councillor Elmore advised that 2 weeks ago he had attended the head office of the Australian Property Council where the CEO had made an excellent presentation.

SUBJECT Parking on Kerb - Woodville Road, Guildford

REFERENCE F2004/07462

FROM Councillor G Elmore

10836

Councillor Elmore advised that the Pizza Hut located in Woodville Road, Guildford had recently moved across the road to a site with plenty of parking.

Unfortunately, customers where parking on the kerb which was damaging the nature strip.

Councillor Elmore requested that the appropriate staff investigate this problem and take action as necessary.

SUBJECT Real Estate Signage

REFERENCE F2008/04592

FROM Councillor G Elmore

10837

Councillor Elmore advised that a number of real estate agents were pushing the boundaries by placing their signage on Council’s nature strips.

He requested that the relevant staff be aware of this problem and take the appropriate action.

SUBJECT Matters Raised by Park Committees

REFERENCE F2004/07133

FROM Councillor M Lack

10838

Councillor Lack advised that park committees consisted of members undertaking a voluntary role to ensure the upkeep of Council’s facilities.

He requested that staff ensure that matters raised by these committees received due consideration and response.

Councillor Lack particularly referred to a number of public liability issues raised in respect of Doyle Ground and requested that these matters be addressed.

SUBJECT Commonwealth Infrastructure Funding

REFERENCE F2007/01165

FROM Mark Lack

10839

Councillor Lack requested that Councillors receive further information on the issue of funding available from the Commonwealth Infrastructure program.

The meeting terminated at 8.00 pm.

RESCISSION MOTION

A notice of motion to rescind the decision carried in respect of Item 12. 2 of Development Applications regarding the Section 82A Review for 15 Virginia Street, Rosehill was submitted by Councillors P Barber, P Esber and G Elmore immediately following the closure of the meeting.

THIS PAGE AND THE PRECEDING 14 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON MONDAY, 13 JULY 2009 AND CONFIRMED ON MONDAY, 27 JULY 2009.

Lord Mayor