MINUTES OF THE Meeting of Parramatta City Council HELD IN THE Council Chambers, CIVIC PLACE, PARRAMATTA ON Monday, 10 August 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, J D Finn, P J Garrard, M A Lack (arrived 6.46 pm), C X Lim, S D Lloyd, P K Maitra, M D McDermott, L E Wearne (Deputy Lord Mayor) and A A Wilson (arrived 6.49 pm).

ACKNOWLEDGEMENT TO TRADITIONAL LAND OWNERS

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

MINUTES

	SUBJECT          Minutes of the Council Meeting held on 27 July 2009
10880	RESOLVED      (Garrard/Maitra) That the minutes be taken as read and accepted as a true record of the meeting. NOTE:       Councillor M Lack arrived at the meeting at 6.46 pm during consideration of this matter.

LORD MAYORAL MINUTE

1

SUBJECT          St Monica’s Radio Station - Community Partnership Opportunity REFERENCE    F2009/01815 FROM                 The Lord Mayor, Councillor A Issa OAM

10881

RESOLVED       (Issa/McDermott) (a)       That Council agree to a partnership with St Monica’s Catholic Parish Primary School in their bid for a funding grant to establish a community radio station. (b)       That if their application is successful that Council and suggested community groups avail the opportunity to broadcast community events and information from their school. (c)        Further, that should St Monica’s application not be successful, the School be requested to approach community radio 2CCR FM which broadcasts to Parramatta, The Hills and Holroyd. NOTE:       Councillor A Wilson arrived at the meeting at 6.49 pm during consideration of this matter.

PUBLIC FORUM

1

SUBJECT          Development Application - Old Salesyard Reserve REFERENCE    DA/204/2009 FROM                 Ms Maria Bris

10882

QUESTIONS By Ms Maria Bris (as submitted prior to meeting):- “Question 1         Why were DA procedures and Sydney Water requirements not adhered to by PCC for the erection of the 100,000L Rain Water re-use tank, the construction of which has spent many ratepayers dollars, particularly when the location of the tank would ultimately be of great significance to the future planning and development of the sportsgrounds? It is submitted that the construction of the rainwater tank should have formed part of the current DA application, as the rainwater re-use tank appears to have been purposely built for the proposed amenities building. Question 2          Did the independent planner assessing the proposed DA visit the site prior to writing her report? Her comments that:                     2.1    Views will change from sportsground and distant tree views to distant tree views over the top of the amenities block and sportsground views to the side of the amenities block, reads like a textbook and disregards the values residents place on the peaceful enjoyment of their homes – the reality is that residential properties situated along Corry Circuit will first and foremost, have views of a large concrete block.                     2.2    Relocation Options 2 & 3 as per the hockey patrons survey, will just be moving the problem rather than solving it – is inaccurate and disputed – there are no residential properties located directly opposite these options, as opposed to the current proposed location. Furthermore, the focal point of the sportsgrounds appears to be in the vicinity of fields 2 and 3 as witnessed by councillors and residents at the onsite meeting.                     2.3    There is greater vehicular access and disability access from Corry Circuit is again disputed – there is already an existing footpath along Gladstone Street (disability access) and there is also space/provision for almost double the car parking spaces along Gladstone Street as there is along Corry Circuit. Furthermore, current users of the park, particularly large groups arriving in buses, always park along Gladstone Street rather than Corry Circuit.                     2.4    The position is the most ecologically sustainable given the current position of the rainwater re-use tank – therefore, had this rainwater re-use tank been positioned elsewhere, then for the reasons given (ie ecological sustainability), that other position would have provided the best location for the amenities block. It is not the residents fault that protocols weren’t followed and we were not consulted prior to the construction of the rainwater re-use tank.                     2.5    The current use of the tank is to irrigate the fields – How is this possible? ie how is the rainwater tank harvesting water at the moment? It is disputed that the rainwater tank is currently being used without the Amenities block, from which it will harvest the water. Question 3          What will be done to address public safety issues raised by residents in relation to the current proposed location – it is considered that the independent report talks very much in theory and does not adequately address these in reality.” RESPONSE By Mr Mark Leotta – Acting Manager Development Services “The public forum as submitted makes several statements regarding the merit of the proposal and these comments are taken as read and do not require specific response as they are the author’s opinion. The public forum also poses three questions which are responded to in turn. Question 1                      Why were DA procedures and Sydney Water requirements not adhered to by PCC for the erection of the 100,000L Rain Water re-use tank?, the construction of which has spent many ratepayers dollars, particularly when the location of the tank would ultimately be of great significance to the future planning and development of the sportsgrounds? Comment Clause 29 (2) (a) of Parramatta City Local Environmental Plan 2001 allows Council to carry out works for stormwater drainage on any land without development consent. Rainwater tanks are a component of stormwater management and irrigation infrastructure and can be installed by or on behalf of Council without the need for development consent. Consultation with Sydney Water is only required where impact on Sydney Water infrastructure may potentially occur. Question 2                   Did the independent planner assessing the proposed DA visit the site prior to writing her report?                                        Comment The independent consultant planner who assessed the proposal on behalf of Council advises that the site was visited twice; once upon receipt of the development application and once after submissions had been received in respect of the development proposal. Question 2 - (2.5)         The current use of the tank is to irrigate the fields – How is this possible? Ie how is the rainwater tank harvesting water at the moment?                                       Comment The purpose of the recently installed tank is to irrigate the fields and to provide water for toilet flushing and cleaning. The primary source of water into the tanks will be potable mains water, which will be supplemented with rain water from the roof of the amenities building. If the amenities building is not constructed adjacent to the tank, potable mains water will be the only source of water into the tank. Question 3                   What will be done to address public safety issues raised by residents in relation to the current proposed location?                                       Comment Issues of anti-social and inappropriate behaviour are addressed in the assessment report and were considered at the public meeting. There is no evidence to suggest that the presence of an amenities building at a sports field presents a public safety issue. Buildings such as this are a typical feature of sports fields throughout Parramatta and to date, no associated public safety issues have been identified with them. It is noted that the amenities building will be locked outside the hours of use and will not unduly block sight-lines for casual surveillance purposes of the fields from surrounding streets.”

COUNCIL MATTERS TO BE BROUGHT FORWARD

Due to the presence of interested persons in the gallery, Item 12.1 of Development Applications regarding Old Salesyard Reserve, 80 Gladstone Street, North Parramatta (Lots 852A and 852B DP 368761) (Elizabeth Macarthur Ward) was brought forward and considered at this point in the meeting.

Rescission Motions

7.1

SUBJECT          Section 82A Review - 356 Church Street Parramatta REFERENCE    DA/466/2008 - D01264335 REPORT OF      N/A

10883

MOTION              (Garrard/Bide) “That the resolution of the Ordinary Council Meeting held on 27 July 2009, regarding  Section 82A Review- 356 Church Street, Parramatta , namely:- “That Council as the consent authority uphold its previous decision and refuse to grant consent to DA/466/2008 for the demolition of the heritage listed hall, restoration of the heritage listed St Peter’s Church and use as a restaurant, construction of a 13 storey hotel with basement car parking for 20 vehicles for the following reasons: Aims and Objectives of City Centre LEP 2007 1         The development is contrary to the requirements of Clause 2 – ‘Aims of Plan’ of Parramatta City Centre LEP 2007. The demolition of a heritage listed building and the construction of a building of excessive height is contrary to aim (h) and aim (j). The development is also contrary to the objectives of the B4 Mixed Use zone in that it would not protect and enhance the unique qualities and character of special areas with the Parramatta City Centre. Height & Design 2         The development is contrary to the requirements of Clause 21 – Height of Buildings of Parramatta City Centre LEP 2007. The development will compromise solar access to streets and nearby buildings, the height of the building does not have adequate regard to heritage sites, the development does not provide a high quality urban form for the northern and eastern elevations, the site is not appropriate for taller development, the development negatively impacts on historic views and the future built form and skyline of the Parramatta city centre 3         The development is contrary to the requirements of Clause 22B – Design Excellence of Parramatta City Centre LEP 2007. The development fails to appropriately address heritage issues, streetscape constraints, the principles of ecologically sustainable development, and the scale of the tower is excessive and incompatible with the future urban form of the area. 4         The development is contrary to the requirements of Clause 22D - Building Separation of Parramatta City Centre LEP 2007. The development fails to provide a minimum side and rear setback for that part of the building above 36m in height and a written request for the variation of this development standard was not submitted with the application. 5.      The development is contrary to the requirements of Clause 22E – Ecologically sustainable development of Parramatta City Centre LEP 2007. The development fails to adequately address the following principles of Ecologically sustainable development; (a) greenhouse gas reduction, (f) energy efficiency and energy conservation,  (b) embodied energy in materials and building processes, (c) building design and orientation, (d) passive solar design and day lighting, and (g) water conservation and water reuse. 6          The development is contrary to the requirements of part 2.1 - Building to street alignments and street setbacks of Parramatta City Centre DCP 2007 as the street setback of the development is not consistent with the existing street setback of the church hall. 7          The development is contrary to the requirements of part 2.2 - Street Frontage Heights of Parramatta City Centre DCP 2007 as the scale of the building is excessive in comparison to likely future development, the form of the building is inconsistent with the likely future form of development within the street block and the development would compromise solar access to the street. 8          The development is contrary to the requirements of part 3.8 - Building Exteriors of Parramatta City Centre DCP 2007 in that height of the building and the streetscape presentation of the eastern and northern elevations is unacceptable. Heritage 9         The development is contrary to the requirements of Clause 22G – Special Areas of Parramatta City Centre LEP 2007. The development is not compatible with the character and significance of the Church Street North Special Area and the Prince Alfred Park Special area and would not reinforce the specific attributes and qualities of the built form of the Church Street North Special Area. 10       The development is contrary to the requirements of Clause 35 (heritage conservation) and 35A (historic view corridors) of Parramatta City Centre LEP 2007 as the development seeks approval for the demolition of a heritage item and would have a negative impact on the heritage significance of St Peter’s Church and historic view corridors. 11       The development is contrary to the requirements of part 7.1 - Controls for heritage and Special Uses of Parramatta City Centre DCP 2007 as the scale of the development is excessive and inadequate cartilage has been provided to St Peter’s Church. The development is also contrary to the requirements of part 7.3 - Special Area Controls of Parramatta City Centre DCP 2007 as the scale of the development would have a negative impact on the character of the Church Street North Special Area and the heritage character of Prince Alfred Park. Documentation 12       The development does not satisfy the requirements of Clause 24 – Exceptions to Development Standards as a formal request to vary the Building Separation development standards of the Parramatta City Centre DCP was not submitted with the application. 13       The development is contrary to the requirements of Clause 33B – Acid Sulfate soils of Parramatta City Centre LEP 2007 as the site is located within 150m of class 1 land, incorporates excavation to a depth of at least 5m AHD and neither an acid sulphate soils management plan or preliminary assessment of the proposed works were submitted with the development application. 14       The development is contrary to the requirements of part 5.1 - Energy Efficiency and Conservation and Part 5.2 Integrated Water Cycle Management of Parramatta City Centre DCP 2007 as the development does not incorporate rainwater harvesting and re-use features and information demonstrating energy efficiency equivalent to a 4 star ABGR or NABERS rating was not submitted with the application. Public Interest 15  That granting consent to this proposal would not be in the public interest and would create an undesirable precedent, particularly in relation to it being the demolition of a heritage item worthy of retention and the excessive height of the proposed hotel.” be and is hereby rescinded.”  The motion was put and lost. DIVISION          The result being: AYES                The Lord Mayor, Councillor A Issa OAM and Councillors A Bide, P Esber, P J Garrard, C X Lim, S Lloyd and A A Wilson. NOES               Councillors P B Barber, J Chedid, G Elmore, J D Finn, M Lack, M McDermott, P Maitra and L E Wearne.

Regulatory Reports

8.1	SUBJECT          Variations to Standards under SEPP 1 REFERENCE    F2009/00431 - D01263550 REPORT OF      Manager Development Services
10884	RESOLVED       (Elmore/Wearne That the report be received and noted.

DEVELOPMENT APPLICATIONS TO BE ADOPTED WITHOUT DISCUSSION

10885        RESOLVED       (Esber/Lim)

That Items 11.2, 11.3 and 11.4  of Domestic Applications and Items 12.2, 12.4 and 12.9 of Development Applications for the Council Meeting to be held on 10 August 2009 be adopted unanimously in accordance with the Officer’s recommendation.

DIVISION    The result being:-

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

NOES         None.

Reports - Domestic Applications

11.1

SUBJECT          10 Saxon Place Constitution Hill (Lot 12 DP 229336 D E) Arthur Phillip Ward DESCRIPTION  Alterations and additions to the existing dwelling comprising of a first floor addition with an attached carport REFERENCE    DA/976/2008 - Submitted 24th December 2008 APPLICANT/S   Ms L Tait OWNERS           Ms L Tait REPORT OF      Manager Development Services. Also Development and Certification Officer Memorandum dated 30 July 2009. REASON FOR REFERRAL TO COUNCIL   The application has been referred to Council as the proposal seeks a variation greater than 10% to Clause 39 of the PLEP 2001 – height of dwellings and more than 7 submissions have been received.

10886

RESOLVED       (Finn/Maitra) That the application be refused for the following reasons:- 1       The proposal creates an additional storey under existing codes. 2       The proposal would create a precedent for 3 storey dwellings. 3       Approval of the proposal would be inconsistent with previous           decisions. 4       The proposal would have a significant impact on the views of the           area. DIVISION   The result being:- AYES          The Lord Mayor, Councillor A Issa, OAM and Councillors P B Barber, A Bide, G J Elmore, P Esber, J D Finn, M A Lack, C X Lim, P K Maitra, M D McDermott and L E Wearne. NOES        Councillors J Chedid, P J Garrard, S Lloyd & A A Wilson.

11.2

SUBJECT          332 Pennant Hills Road, Carlingford (Lot 1 DP 128517) (Lachlan Macquarie Ward) DESCRIPTION  Changing of existing illuminated sign content to include a variable LED message. No change to the size or location of the sign. REFERENCE    DA/190/2009 - Submitted  31 March 2009 APPLICANT/S   Carlingford Sports, Bowling and Recreation Club OWNERS           Parramatta City Council REPORT OF      Manager Development Services REASON FOR REFERRAL TO COUNCIL The proposal involves Council owned land.

RECOMMENDATION That Council as the consent authority, grant development consent to Development Application No. DA/190/2009 for change of the content of an existing sign and to allow a variable LED message display at 332 Pennant Hills Road, Carlingford, as shown on the approved plans, subject to conditions. NOTE:      This matter was adopted under Minute No 10885 – Council Matters To Be Adopted Without Discussion.

11.3

SUBJECT          59A Isabella Street, North Parramatta (Lot 22 DP 856857) (Elizabeth Macarthur Ward) DESCRIPTION  Construction of a new single storey dwelling. REFERENCE    DA/165/2009 - Submitted 26 March 2009 APPLICANT/S   Eden Brae Projects OWNERS           Ms D F Nheu 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 38 ‘Minimum allotment sizes’ in Parramatta Local Environmental Plan 2001.

RECOMMENDATION (a) That Council support the variation to Clause 38 of the PLEP 2001 under the provisions of SEPP 1. (b) Further, that Development Application No. 165/2009 for the construction of a single storey dwelling on land at 59A Isabella Street, North Parramatta be approved subject to conditions of consent in Attachment 1 of this report. NOTE:       This matter was adopted under Minute No 10885 – Council Matters To Be Adopted Without Discussion.

11.4

SUBJECT          45-47 Rawson Street and closure of part of Rawson Street, Epping (Lot 101 DP 838314) (Lachlan Macquarie Ward) DESCRIPTION  Temporary use of land for Epping Street Fair to be held on Sunday 30th of August 2009 REFERENCE    DA/343/2009 - 1st June 2009 APPLICANT/S   The Epping Club OWNERS           Parramatta City Council REPORT OF      Manager Development Services REASON FOR REFERRAL TO COUNCIL The proposal involves Council Property.

RECOMMENDATION That Development Application No. 343/2009 be approved subject to the conditions of consent in Attachment 1 of this report. NOTE:       This matter was adopted under Minute No 10885 – Council Matters To Be Adopted Without Discussion.

Reports - Development Applications

12.1

SUBJECT          Old Salesyard Reserve, 80 Gladstone Street, North Parramatta (Lots 852A and 852B DP 368761) (Elizabeth Macarthur Ward) (Location map - Attachment 1) DESCRIPTION  Erection of an amenities building within existing sports field. REFERENCE    DA/204/2009 - Submitted 3 April 2009 APPLICANT/S   Parramatta City Council OWNERS           Parramatta City Council REPORT OF      Manager Development Services. Also Manager City Assets Memorandum dated 30 July 2009.

10887

RESOLVED     (Chedid/McDermott) That the development application be deferred and a new development application be be submitted for Site B. DIVISION           The result being:- AYES                 The Lord Mayor, Councillor A Issa, OAM and Councillors P B Barber, A Bide, J Chedid, G J Elmore, P Esber, J D Finn, P J Garrard, M A Lack, S D Lloyd, C X Lim, P K Maitra, M D McDermott, L E Wearne and A Wilson. NOES                None. Note Due to the presence of interested persons in the public gallery, this matter was brought forward and considered immediately after Public Forum.

12.2

SUBJECT          5A Rowell Street, Granville (Lot B in DP 163550) DESCRIPTION  Section 96 Application (DA/452/2007/A) - modification to the hours of operation of an approved fellowship and training centre. REFERENCE    DA/452/2007/A - Submitted: 3 February 2009 APPLICANT/S   Church of Pentecost OWNERS           Rowell Street Investments Pty Limited REPORT OF      Manager Development Services REASON FOR REFERRAL TO COUNCIL The modification application relates to an approved Place of Public Worship.

RECOMMENDATION (a)      That Council as the consent authority modify Development Consent No. 452/2007 in the following manner:       1.  Amend condition Nos. 1 & 3 2.   Include 8 additional conditions as shown in Attachment 1 of this report. (b)          Further, that the objector be advised of Council’s decision. NOTE:    This matter was adopted under Minute No 10885 – Council Matters To Be Adopted Without Discussion.

12.3

SUBJECT          20 Nobbs Street, South Granville (Lots 32 and 33 DP 1305) (Woodville Ward) DESCRIPTION  Demolition, tree removal and construction of a 28 place child care centre REFERENCE    DA/491/2008 - 10 July 2008 APPLICANT/S   Azhoul Pty Ltd OWNERS           Mr and Mrs Trad REPORT OF      Manager Development Services           REASON FOR REFERRAL TO COUNCIL The exhibition of the development application has attracted 9 written submissions and a petition signed by 33 persons objecting to the proposal.

10888

RESOLVED       (Garrard/Lim) That consideration of this matter be deferred for 2 weeks to enable further consultation by Councillors with residents in the area. DIVISION  The result being:- AYES       The Lord Mayor, Councillor A Issa, OAM and Councillors P B Barber, A Bide, J Chedid, G J Elmore, P Esber, J D Finn, P J Garrard, M A Lack, S D Lloyd, C X Lim, P K Maitra, M D McDermott, L E Wearne and A Wilson. NOES       None.

12.4

SUBJECT          9 Hassall Street, Parramatta (Lot 6 DP 241 and Lot 14 DP 11507) (Arthur Phillip Ward) DESCRIPTION  Alterations and additions to an approved 17 storey mixed use development containing 118 apartments and two commercial tenancies. Additions include the construction of 4 new floor levels (known as 15 to 18) which increase the height of the building to 21 storeys and the number of apartments to 141. Alterations include modifications to the floor plate of levels 1 to 15 and 18 to 20, and the deletion of one level of basement car parking. REFERENCE    DA/848/2008 - 7 November 2008 APPLICANT/S   H S D (Parra) Pty Limited OWNERS           H S D (Parra) Pty Limited REPORT OF      Manager Development Services REASON FOR REFERRAL TO COUNCIL The application has been referred to Council as the proposal seeks a variation of greater than 10% to Clause 22D – Building Separation.

RECOMMENDATION (a)       That Council support the variation to Clause 22D (Building Separation) of the City Centre Local Environmental Plan 2007. (b)       That development application DA/848/2008 which seeks approval for alterations and additions to an approved mixed use development  including the construction of 4 new floor levels an increase in height of the building to 21 storeys and the number of apartments to 141. Alterations to the mixed use development include internal redesign of dwellings located on  levels 1 to 15 and 18 to 20, and the deletion of one level of basement previously approved for storage, be approved subject to a conditions consent as outlined in Attachment 1 of this report. (c)        Further, that the objectors be advised of Councils decision. NOTE:     This matter was adopted under Minute No 10885 – Council Matters To Be Adopted Without Discussion.

12.5

SUBJECT          32 Berry Street, Clyde (Lot 1 in DP 799094) (Elizabeth Macarthur Ward) DESCRIPTION  Section 96(1A) modification to an approved brothel to change the internal layout of the premises. REFERENCE    DA/1679/2002/C - submitted 6 November 2008 APPLICANT/S   Stewart Planning Group OWNERS           Mr Mark Palmer REPORT OF      Manager Development Services REASON FOR REFERRAL TO COUNCIL Brothel application.

10889

RESOLVED       (McDermott/Esber) That the application be refused as Council cannot abide by persons making modifications and then seeking retrospective approval. DIVISION           The result being:- AYES                 The Lord Mayor, Councillor A Issa, OAM and Councillors A Bide, J Chedid, G J Elmore, P Esber, J D Finn, P J Garrard, M A Lack, S D Lloyd, C X Lim, P K Maitra, M D McDermott, L E Wearne and A Wilson. NOES                Councillor P B Barber.

12.6

SUBJECT          32 Berry Street, Clyde (Lot 1 in DP 799094) (Elizabeth Macarthur Ward) DESCRIPTION  Section 96 application to an approved brothel to increase the number of sex workers employed on the premises from 6 to 8. REFERENCE    DA/1679/2002/D - submitted 9 March 2009 APPLICANT/S   Barker Ryan Stewart OWNERS           Dr C E Butt REPORT OF      Manager Development Services. REASON FOR REFERRAL TO COUNCIL Brothel applications.

10890

RESOLVED       (McDermott/Maitra) (a)      That Section 96 Application No. 1679/2002/D for modification to the number of employees be refused for the reason outlined in Attachment 2 of this report. (b)      Further, that the objector to Section 96 Application No. 1679/2002/D be advised of Council’s decision. DIVISION           The result being:- AYES                 The Lord Mayor, Councillor A Issa, OAM and Councillors P B Barber, A Bide, J Chedid, G J Elmore, P Esber, J D Finn, P J Garrard, M A Lack, S D Lloyd, C X Lim, P K Maitra, M D McDermott, L E Wearne and A Wilson. NOES                None.

12.7

SUBJECT          1/110-112 Ballandella Road Pendle Hill (Lot 1 SP 37905) (Arthur Phillip Ward) DESCRIPTION  Alterations and additions to an existing brothel including the provision of a client service room with disabled access on the ground floor level and alterations to the first floor level. REFERENCE    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 application.

10891

RESOLVED       (Barber/Maitra) (a)      That Council approve DA/136/2009 that seeks approval to alterations and additions to the existing brothel by providing a disabled access client room on the ground floor, provided this does not increase the number or rooms for sex services. (b)       Further, that all objectors be advised of this decision. DIVISION           The result being:- AYES                 The Lord Mayor, Councillor A Issa, OAM and Councillors P B Barber, J Chedid, G J Elmore, P Esber, J D Finn, M A Lack, S D Lloyd, P K Maitra, M D McDermott, L E Wearne and A Wilson. NOES                Councillors A Bide, P J Garrard & C X Lim.

12.8

SUBJECT          1/110-112 Ballandella Road Pendle Hill (Lot 1 SP 37905) (Arthur Phillip Ward) DESCRIPTION  Section 96 (AA) modification to an approved brothel. The modification seeks to delete a condition which requires the installation of a stair ascender to provide access to the first floor level. REFERENCE    DA/102/2003/A - submitted 19 September 2008 APPLICANT/S   Song Li OWNERS           Mr Girolamo Chiddo & Mrs Maria Chiddo REPORT OF      Manager Development Services REASON FOR REFERRAL TO Council Brothel application.

10892

RESOLVED       (Lloyd/Lim) That the application be refused on the following grounds:- 1. The judge has previously ruled on this matter. 2. Equality. All persons with a disability should have access to the premises. DIVISION           The result being:- AYES                 The Lord Mayor, Councillor A Issa, OAM and Councillors P B Barber, A Bide, J Chedid, G J Elmore, P Esber, J D Finn, P J Garrard, M A Lack, S D Lloyd, C X Lim, P K Maitra, M D McDermott and A Wilson. NOES                Councillor L E Wearne.

12.9	SUBJECT          353D Church Street Parramatta DESCRIPTION  Use of Prince Alfred Park as a Spring Fair REFERENCE    DA/377/2009 -  17 June 2009 APPLICANT/S   St Patrick's Cathedral OWNERS           Parramatta Council REPORT OF      Manager Development Services REASON FOR REFERRAL TO COUNCIL The proposal involves the use of a Public Reserve that is Council owned land.
	RECOMMENDATION That development application No DA/377/2009 for  the proposed use of Prince Alfred Park as the venue for the St Patrick's Cathedral Spring Fair on Saturday 5 September 2009 be approved subject to the conditions nominated in the Attached Report. NOTE:       This matter was adopted under Minute No 10885 – Council Matters To Be Adopted Without Discussion.

CLOSED SESSION
10893	RESOLVED       (Esber/Lloyd) 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. (D01263274) - 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 Matters - 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 - D01263274 REPORT OF      Manager Development Services
10894	RESOLVED       (Esber/Barber) That the report be received and noted.

14.2

SUBJECT          Urgent Legal Matter - 80 Dunlop Street, Epping REFERENCE    F2009/01725 FROM                 Acting Manager Development Services

10895

RESOLVED       (Wearne/Chedid) (a)         That Council instruct Council’s solicitors to apply to the Court to revoke Order 2 “that the parties engage Neil Kennan as a parties’ single expert’ and that Council          appoint their own independent planner. (b)         Further, that if Council is unable to obtain an independent planner to support the contentions raised in these proceedings, Council endorses Court Order No. 2 “that the parties engage Neil Kennan as a parties’ single expert.”

QUESTION TIME

1	SUBJECT          Use of Council's CCTVs REFERENCE    F2008/00400 FROM                 Councillor C X Lim
10896	Councillor Lim advised that he had previously requested advice on the number of CCTV cameras operated by Parramatta City Council together with the policies associated with their conduct, operation and use. As he had not received the requested information as yet, he requested that this matter be followed up.

2	SUBJECT          354 Church Street, Parramatta REFERENCE    F2005/02270 FROM                 Councillor Pr Maitra
10897	Councillor Maitra sought advice as to whether the construction on the footpath outside the premises at 354 Church Street, Parramatta had received Council approval.

3	SUBJECT          Removal of Banner - Corner of Briens Road and Cumberland Highway, Northmead REFERENCE    F2008/00400 FROM                 Councillor P Maitra
10898	Councillor Maitra advised that he had previously requested the removal of a banner at the intersection of Briens Road and the Cumberland Highway, Northmead relating to the Coca Cola development. As the banner had not been removed to date, he requested that this matter receive urgent attention.

4	SUBJECT          Efficiency of Council's Rangers REFERENCE    F2008/00400 FROM                 Councillor A A Wilson
10899	Councillor Wilson passed on his thanks to Council’s Rangers for their efforts and efficiency in a recent matter.

5

SUBJECT          Removal of Signs REFERENCE    F2008/00400 FROM                 Councillor G Elmore

10900

Councillor Elmore referred to the existence of signs in the Local Government Area that were faded or outdated or referred to monies received for previous projects and requested that the irrelevant signage be removed. Councillor Lloyd agreed and added that signage still existed in the LGA which referred to the “Town Clerk”. Councillor Lloyd further referred to signage that had been included underneath Council’s street signage that pointed to a business in the Blacktown City Council area and questioned the process for the erection of such signage.

6

SUBJECT          Harris Park - Illegal Dumping and Use of Illegal Tobacco REFERENCE    F2004/07525 FROM                 Councillor J Chedid

10901

Councillor Chedid commended the Council’s Rangers on their recent efforts, via education and flyers, to reduce the amount of illegal dumping of furniture and rubbish on the footpaths of Harris Park. Councillor Chedid advised that a new problem was occurring of late, where illegal tobacco was being purchased, chewed and subsequently ejected onto the streets and footpath resulting in red staining. This problem needed to be investigated by the Police in consultation with the Rangers. The Lord Mayor advised that he was aware of this problem especially outside dining areas, and would be talking to the Group Manager City Services with a view to overcoming the problem through the introduction of an appropriate policy and through public education. Councillor Chedid further questioned when the new street sweeper would be received by the Depot as the streets in Harris Park were quite filthy.

7

SUBJECT          Boarding Houses REFERENCE    F2004/07482 FROM                 Councillor L E Wearne

10902

Councillor Wearne referred to a premises claimed by residents to be operating as a boarding house at 4 Eastwood Avenue, Eastwood. Councillor Wearne sought advice on the official definition of a boarding house as more frequently, premises were being purchased and all rooms let out to students but not utilised by the owner, often resulting in the properties not receiving necessary upkeep. The Acting Group Manager Outcomes and Development advised that the official definition of a boarding house under LEP (2001) was as follows:- “boarding house means a building or part of a building let in lodgings or a hostel which provides lodgers with a principal place of residence, but does not include backpackers’ accommodation, a guest house, serviced apartment.” Under the draft LEP, the definition is: “boarding house means a building: (a)  that is wholly or partly let in lodgings, and (b)  that provides lodgers with a principal place of residence for 3 months or more, and (c)  that generally has shared facilities, such as a communal bathroom, kitchen or laundry, and (d)  that has rooms that accommodate one or more lodgers, but does not include backpackers’ accommodation, a serviced apartment, seniors housing or hotel accommodation.” Mr Occhiuzzi added that if a room in any property was let out for a period of more than 3 months, the property was technically a boarding house and could be investigated.

8	SUBJECT          Lord Mayor's Visit to China REFERENCE    F2005/01887 FROM                 The Lord Mayor, Councillor A Issa OAM
10903	The Lord Mayor advised that he would provide a report on his recent visit to China at the next Council Meeting but added that the trip had resulted in much advertising for Parramatta, including front page coverage in all 7 cities visited. The Lord Mayor added that Chinese businessman would be visiting Parramatta in October to investigate business opportunities.

The meeting terminated at 8.24 pm.

THIS PAGE AND THE PRECEDING 19 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON MONDAY, 10 AUGUST 2009 AND CONFIRMED ON MONDAY, 24 AUGUST 2009.

Lord Mayor