Agenda of Regulatory Council - 14 September 2009

COUNCIL CHAMBERS

The Lord Mayor Clr Antoine (Tony) Issa, OAM – Woodville Ward

Dr. Robert Lang, Chief Executive Officer - Parramatta City Council

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

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

Staff

GALLERY

Regulatory Council	14 September 2009

TABLE OF CONTENTS

ITEM SUBJECT PAGE NO

1 CONFIRMATION OF MINUTES - Regulatory Council - 10 August 2009

2 APOLOGIES

3 DECLARATIONS OF INTEREST

4 Minutes of Lord Mayor

5 Public Forum

6 PETITIONS

7 Regulatory Reports

7.1 Variations to Standards under SEPP 1

7.2 Joint Regional Planning Panels

7.3 Controls for sex services and restricted premises

8 City Development

8.1 Amendments to Changes to Council Owned Land in Parramatta Draft LEP

9 City Leadership and Management

9.1 NSW Local Government Aboriginal Network (LGAN) 22nd Annual Conference "Land. Community. Future"

10 DEVELOPMENT APPLICATIONS TO BE ADOPTED WITHOUT DISCUSSION

11 DEVELOPMENT APPLICATIONS TO BE BROUGHT FORWARD

12 Reports - Domestic Applications

12.1 21 Ritchie Street, Rosehill
(Lot 37 DP 5009) (Elizabeth Macarthur Ward)

13 Reports - Development Applications

13.1 Section 82A Review - No. 1 Ferris Street, North Parramatta (Lot 1 DP 800654) (Arthur Phillip Ward)

13.2 104 South Street, Granville
(Lot A DP 315642 & Lot 1 DP 90266) (Elizabeth Macarthur)

13.3 47A and 49 Fennell Street North Parramatta
(Lot A DP 332456)

13.4 22A Hunter Street, Parramatta

13.5 171 and 260 Victoria Road Parramatta
(Lot 1 DP 879918, Lots 100-101 DP 816829, Lot 1 DP 836958 and LIC 201745)

13.6 Lot 613 DP 228561, Lot 12 DP 233268, Lot 7 DP 253959, Winston Hills Lions Park (Pk 197), No. 22 Churchill Drive, Winston Hills

13.7 No. 6 Sorrell Street Parramatta (Lot 1 DP 538927) (Arthur Phillip Ward)

13.8 Lot 17C in DP 752058, Granville Park , 188 Woodville Road, MERRYLANDS NSW 2160 (Ward) (Location map - Attachment 2)

14 DECISIONS FROM CLOSED SESSION

15 Closed Session

15.1 Tender 22/2009 Construction of a Reinforced Concrete Box Culvert Holway Street, Eastwood (Terry's Creek).

This report is confidential in accordance with section 10A (2) (d) of the Local Government act 1993 as the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

15.2 Legal Matters Monthly Report to Council

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.

15.3 Class 5 Land and Environment Court Appeal for the prosecution of the Director of Foxy Tree Services and Property Owner of 27 Maple Crescent, Ermington for the carrying out of development on land without consent being unauthorised tree removal

This report is confidential in accordance with section 10A (2) (e) of the Local Government act 1993 as the report contains information that would, if disclosed, prejudice the maintenance of law.

16 QUESTION TIME

Regulatory Council 14 September 2009

Item 7.1

REGULATORY

ITEM NUMBER 7.1

SUBJECT Variations to Standards under SEPP 1

REFERENCE F2009/00431 - D01289070

REPORT OF Manager Development Services

PURPOSE:

To provide Council with information each month on development applications determined where there has been a variation in standards under State Environmental Planning Policy No.1 or similar provisions under the standard instrument.

RECOMMENDATION

That the report be received and noted.

REPORT

In accordance with the reporting requirements prescribed in Planning Circular

PS 08-014 issued by the NSW Department of Planning, two (2) development applications have been determined where there has been a variation in standards under SEPP 1 or similar provisions under the Standard Instrument, during the period 31 July 2009 to 31 August 2009. All of these applications were approved at the Regulatory Council Meeting of 10 August 2009, as shown in Attachment 1.

Louise Kerr

Manager Development Services

Attachments:

1View

Development Application Variations under SEPP 1 - August 2009

1 Page

REFERENCE MATERIAL

Regulatory Council 14 September 2009

Item 7.2

REGULATORY

ITEM NUMBER 7.2

SUBJECT Joint Regional Planning Panels

REFERENCE F2005/01801 - D01292501

REPORT OF Manager Development Services

PURPOSE:

To provide Council with further information on the commencement of Joint Regional Planning Panels (JRPPs) and to reconsider the appointment of two (2) nominees to represent Parramatta City Council on the Sydney West Region Joint Regional Planning Panel.

RECOMMENDATION

That Council nominate two (2) Councillors to represent Parramatta City Council on the Sydney West Region Joint Regional Planning Panel for a two (2) year period.

BACKGROUND

A report on the establishment of Joint Regional Planning Panels was considered at the 9 June 2009 Regulatory Council Meeting. A copy of the report can be found at Attachment 1.

The following was resolved at the 9 June 2009 meeting:

(a) That the Council formally submit The Lord Mayor, Councillor A Issa and Councillor C X Lim as the nominees to represent Parramatta City Council on the Sydney West Region Joint Regional Planning Panel for the period 1 July 2009 to 30 September 2010.

(b) That Councillor A Bide be recognised as the alternate nominee to represent Parramatta City Council on the Sydney West Region Joint Regional Planning Panel for the period 1 July 2009 to 30 September 2010.

(c) Further, that the Lord Mayor write to the Minister for Planning and her Director-General expressing Council's concern over its minority representation and technical selection process, and request an equal number of members on this Panel and refer to them Parramatta’s Central Parramatta Planning Committee (CPPC) as an existing and positive example of how Parramatta City Council assess major development.”

Prior to the close of the Council meeting a notice of a rescission motion was made. The rescission motion was subsequently considered at the 22 June 2009 Council meeting.

At the meeting of 22 June 2009, the Council decision of 9 June 2009 was rescinded and the following decision was made:

(a) That Council advise the Minister for Planning that it will not nominate members of the JRPP until such time as guidelines and codes of conduct are made available to Council and issues relating to conflicts of interest have been resolved.

(b) That Council seeks an extension of time for nominations to and the commencement of the JRPP in accordance with 1.

(c) That the CEO immediately writes to the Minister for Planning advising that Parramatta City Council has a Central Parramatta Planning Committee and requests that that committee be given the same statutory powers as the City of Sydney which powers release the JRPP from assessing regionally significant Development Applications within our LGA and in fact all Development Applications which would otherwise be dealt with by the JRPP.

(d) That Council immediately write to all local State members seeking their support for statutory powers for the Central Parramatta Planning Committee and requesting that they convey that support to the Minister of Planning.

(e) That should the State Government endorse the use of the CPPC, its powers be expanded to assess all DA’s that would otherwise be considered by a JRPP.

(f) Further, that Council’s decision be referred to the Local Government and Shires Association seeking full support of this matter.

Following the decision of Council letters were sent to the Minister of Planning advising of the Council resolution as well as all local State Members of Parliament. A copy of these letters can be found at Attachments2 and 3.

RESPONSE FROM MINISTER FOR PLANNING

A response from the Minister for Planning to the resolution of 22 June 2009 has been received. In a letter dated 2 August 2009 the Minister advises that final versions of the Code of Conduct and Guidelines for JRPPs are now available on the JRPP website. The Minister noted Council’s proposal that the Central Parramatta Planning Committee be given the same statutory power as the City of Sydney’s Central Sydney Planning Committee and be empowered to consider regional developments, however her advice was that at the present time she believed that all regional development for Councils within the Sydney West JRPP area should be determined by that regional panel.

The Minister has advised that Council’s suggestion may be further considered as part of the proposed review process for JRPPs based on the experience of the first 12 months’ operation of JRPPs. A copy of the Minister’s letter and the Code of Conduct and Guidelines for JRPPS can be found at Attachments 4 and 5.

Council Nominations

As stated in the previous report to Council on this matter councils have been requested to nominate two (2) persons to become members of the relevant JRPP together with an alternate member who may replace the council nominee if they are unavailable for any reason.

In addition to the technical expertise required for JRPP members, additional selection criteria for nominees have been identified by the Department of Planning that include:

· Senior level experience in dealing with multiple stakeholders

· High level communication skills

· Capability to drive high profile outcomes in a credible and authoritative manner

· High level analytical skills; and

· Knowledge of the assessment of complex development and planning matters.

The guidelines produced by the Department of Planning indicate that Council nominees could include representatives of the community, councillors or council staff. It continues to be the view that it would not be appropriate for a member of staff (especially staff within the Development Services Unit) to be nominated as a member of the JRPP for the reason that they are directly or indirectly responsible for the assessment and recommendations put forward to the JRPP for determination.

The recommendation of the previous report to Council of 9 June 2009 was for Council to nominate elected councillors as members for the JRPP. The recommendation was made as at the time of writing the report there was limited time available to commence an Expression of Interest process that sought nominations from the community prior to the 5 June 2009 deadline set by the Department of Planning.

Parramatta City Council on 30 July 2009 received its first regional development application (DA/485/2009) for the redevelopment of the council owned property located at 94A Spurway Street. The application will be determined by the Sydney West JRPP within the next few months and it would be prudent for Parramatta City Council to have two (2) nominees on the JRPP when this application is finally determined.

Accordingly, it is recommended that council nominate two (2) members of the elected Council (who meet the selection criteria) to the JRPP for a two year period.

If however Council would like to seek Expressions of Interest from community members, it is recommended that council nominate two elected Councillors to the JRPP for a shorter period, whilst the EOI process is being carried out.

Louise Kerr

Manager Development Services

31 August 2009

Attachments:

1View	Attachment 1 - Previous report to Council	5 Pages
2View	Attachment 2 - Letter to Minister for Planning	1 Page
3View	Attachment 3 - Letters to Local State MPs	6 Pages
4View	Attachment 4 - Response from Minister for Planning	1 Page
5View	Attachment 5 - Joint Regional Planning Panels Code of Conduct	32 Pages

REFERENCE MATERIAL

Regulatory Council 14 September 2009

Item 7.3

REGULATORY

ITEM NUMBER 7.3

SUBJECT Controls for sex services and restricted premises

REFERENCE F2009/01146 - D01265272

REPORT OF Project Officer

PURPOSE:

This report was deferred from the 27 July 2009 Ordinary Council Meeting.

To seek a resolution from Council giving effect to the proposed provisions for sex services and restricted premises by preparing a draft DCP for such premises.

RECOMMENDATION

(a) That Council resolve to prepare and place on public exhibition for 28 days a draft development control plan (DCP) for sex services and restricted premises, outlined in Attachment 1.

(b) That this draft DCP replace Council’s current ‘Regulation of Brothels’ DCP and supplement the Parramatta City Centre DCP provisions for sex services premises; such that the draft DCP applies to all land in the Parramatta LGA.

INTRODUCTION

1. This matter was reported to Council on 27 July 2009 and deferred by Council to seek legal and independent planning review of the draft DCP provisions. Staff are in the process of seeking these reviews, although the advice is unlikely to be reported back to Council until the end of October. Council could consider adopting the draft DCP controls whilst concurrently continuing with the process of obtaining the legal and planning advice, so as to have an adopted set of draft controls as a policy guide for the assessment of current brothels applications.

2. Council should be aware that the existing brothels DCP does not apply in all parts of the Local Government Area and has been the subject of some contention in recent Court hearings. It is therefore critical that this matter be addressed quickly to provide staff guidance on the assessment of relevant applications.

BACKGROUND

3. As part of the work in preparing the comprehensive draft Parramatta DCP, provisions have been prepared (Attachment 1) regulating sex services and restricted premises. These were discussed at a Councillor workshop on 29 June 2009.

4. At the workshop it was suggested that the draft sex services and restricted premises provisions should be considered for implementation as Council policy prior to the adoption of the comprehensive draft Parramatta DCP, which cannot be finalised until the draft Parramatta LEP is more certain.

5. The draft provisions are consistent with the locational restrictions of Parramatta LEP 2001, SREP 28, draft Parramatta Local Environmental Plan, the existing Parramatta City Council Regulation of Brothels DCP and the Parramatta City Centre LEP & DCP provisions for sex services premises. The provisions have also taken into consideration the City of Sydney Brothels DCP, the guidelines prepared by the Sex Services Premises Planning Advisory Panel and have been prepared in consultation with Council staff including land use planning, development assessment, compliance and the crime and corruption strategic analyst.

6. The draft DCP provisions address information to be submitted with development applications, plans of management to control the operation of premises and also planning controls covering location, design of premises, parking, hours of operation, scale of operations, advertising signs, health and safety and security.

7. At the workshop, there were some additional matters that Councillors wanted staff to further consider. These matters and the manner in which they have been addressed in Attachment 1 is indicated below:

i. Is there sufficient reference to public interest principles? The DCP objectives and the controls, together with the LEP provisions incorporate public interest principles both intrinsically and also specifically in a number of the stated objectives in sections 5.6 and 5.6.4. The provisions limit sex services and restricted premises to locations where they minimise offence to the community and many of the design controls are intended to limit the ‘presence’ and public awareness of these premises.

ii. Specify a maximum number of sex services workers. The Design Standard for ‘Scale of Operation’ has been amended to include a limit of 8 sex workers.

iii. Include a reference to the measurement by radial distances of separation requirements. This reference has been added to the ‘Location’ controls.

iv. Ensure that operations meet best practice health standards. The Objective 01 in ‘Health and Building Matters’ has been amended accordingly.

v. Obtain the opinions of NSW Police in assessing proposals and incorporate the inter-agency approach of control to minimise crime. The note at the end of 5.6.2 has been amended to reflect these requests.

ISSUES

8. In order to give effect to the proposed DCP provisions for sex services and restricted premises ahead of the comprehensive Parramatta DCP it is considered that these provisions should be incorporated in a separate DCP. It is recommended that Council prepare draft DCP based on Attachment 1 and place it on public exhibition for a minimum of 28 days, following which submissions will be considered and reported to Council for adoption of the DCP. The DCP will have final effect once a notice is published in the local newspapers.

9. This action will have a number of benefits:

i. Council’s adoption of the draft provisions for sex services and restricted premises will provide an updated policy position in considering development applications for such activities.

ii. Community consultation will occur before Council's position on the controls and guidelines for sex services and restricted premises is finalised.

iii. Once adopted as a DCP the provisions will have legal effect in the assessment of development applications for sex services and restricted premises.

10. The draft DCP will provide supplementary controls to those in the City Centre DCP and be applied to all land in the Parramatta LGA.

Paul Kennedy Sue Stewart

Project Officer Land Use Planning Senior Project Officer Land Use Planning

Attachments:

1View

Daft Development Control Plan for Sex Services and Restricted Premises

10 Pages

REFERENCE MATERIAL

None.

Regulatory Council 14 September 2009

Item 8.1

CITY DEVELOPMENT

ITEM NUMBER 8.1

SUBJECT Amendments to Changes to Council Owned Land in Parramatta Draft LEP

REFERENCE F2008/02904 - D01292340

REPORT OF Property Development Advisor

PURPOSE:

This report amends some inaccuracies within the Attachment “A” of the “Changes to Council Owned Land” Report submitted to Council on 24^th August, 2009

RECOMMENDATION

(a) That the zoning for the land known as 12 Brodie Street, Rydalmere, more formally known as Lots 158-162 in Deposited Plan 14244, within the Parramatta Draft LEP be B4 with an FSR of 2.0:1 and a maximum Height of 18m

(b) Further, that the land at 1B-1F Memorial Drive, Granville, more formally known as Lot 7 in Deposited Plan 262830, Lots 1 and 2 in Deposited Plan 998929, Lot 1 in Deposited Plan 976508, Lots A and B in Deposited Plan 82118, Lots 459 and 460 in Deposited Plan752036, Lots 1 and 2 in Deposited Plan 1111394, Lot 1 in Deposited Plan 555046, Lot 7 in Deposited Plan 566004 and Lot 3 in Deposited Plan 503702 within the Parramatta Draft LEP have a FSR of 6.0:1 and maximum Height of 52m

BACKGROUND

1. The Report adopted at Council on 24th August, 2009 had some incorrect references under Attachment “A” relating to the property at 12 Brodie Street, Rydalmere and the Memorial Drive car park and bus interchange at Granville.

2. This report follows the discussions and conclusions of the Councillor Workshop of 3 August, 2009. The recommendations for Memorial Drive, Granville are contained within Clause 9 of the Report to Council of 24^th August which specify the FSR of 6.0:1 and the Height of 52m, which were incorrectly transferred to Attachment “A” as FSR 2.0:1 and Height of 20m.

ISSUES/OPTIONS/CONSEQUENCES

3. Inaction will mean that the Council owned properties the subject of this Report will be given the incorrect controls, Zoning, FSR and/or Height.

4. Adopting the resolutions within this report will correct the inaccuracies and enable the correct controls to prevail.

CONSULTATION & TIMING

5. Consultation was conducted with the Group Manager of City Development, Team Leader – Council Support.

FINANCIAL IMPLICATION FOR COUNCIL

6. The subject properties will have substantially reduced capacity to develop and as such substantially reduced capital values.

Graeme Bleus

Property Development Advisor

Attachments:

There are no attachments for this report.

REFERENCE MATERIAL

Regulatory Council 14 September 2009

Item 9.1

CITY LEADERSHIP AND MANAGEMENT

ITEM NUMBER 9.1

SUBJECT NSW Local Government Aboriginal Network (LGAN) 22nd Annual Conference "Land. Community. Future"

REFERENCE F2009/01469 - D01285199

REPORT OF Service Manager - Council Support

PURPOSE:

The matter is placed before Council to seek nomination of up to 3 Councillors i.e. Lord Mayor (or nominee) plus up to 2 other Councillors to attend the NSW Local Government Aboriginal Network (LGAN) 22^nd Annual Conference “Land. Community. Future” being held at the Ettalong Beach Club, Ettalong Beach, 7 – 9 October 2009.

RECOMMENDATION

(a) That Council nominate up to 3 Councillors i.e. Lord Mayor (or nominee) plus up to 2 other Councillors to attend the NSW Local Government Aboriginal Network (LGAN) 22^nd Annual Conference “Land. Community. Future” being held at the Ettalong Beach Club, Ettalong Beach, 7 – 9 October 2009.

(b) Further, that delegate registration, accommodation, travel and out of pocket expenses be paid from account number 10.1260.712.644405 in accordance with Council Policy on Civic Office Expenses and Facilities for a Category ‘B’ conference.

BACKGROUND

1. The NSW Local Government Aboriginal Network (LGAN) has been operating since 1988 to provide an information exchange and forum for discussion on local government issues relating to Aboriginal communities, businesses and the wider community. The Network is made up of Aboriginal Liaison Officers working in Local Government and Aboriginal people who have been elected as Councillors. It provides support and information for network members.

2. The aim of the conference is to provide a forum for enhancing the profile of Aboriginal communities, their skills and culture. The conference also provides an opportunity for Local Government professionals and elected representatives to discuss current issues affecting Aboriginal communities including health, education and employment strategies, enterprise and cultural development.

3. The conference is a key event in the Local Government calendar, providing an essential forum for Aboriginal and non-Aboriginal councillors and staff across NSW. The conference benefits from community and non- government participants as well. The conference is an important way of raising awareness and developing networks and strategies to address the complex range of issues facing the Aboriginal communities today.

4. The theme for the 2009 Conference “Land. Community. Future” will provide a forum for local government employees, elected officials and representatives from industry and the community to explore programs and services applicable to Aboriginal communities, covering a broad range of topics.

5. A copy of the provisional program and event outline are appended as Attachment 1.

ISSUES/OPTIONS/CONSEQUENCES

6. It is estimated that registration, accommodation, travel and out of pocket expenses will amount to $2,160.00 per delegate, totalling $6,480.00 for three (3) delegates.

CONSULTATION & TIMING

7. This conference is being put up at this meeting due to the late notification of conference details and to allow adequate time to book registration and accommodation.

Graeme Riddell

Service Manager – Council Support

Attachments:

1View

NSW Local Government Aboriginal Network 22nd Annual Conference LGAN

4 Pages

REFERENCE MATERIAL

Regulatory Council 14 September 2009

Item 12.1

DOMESTIC APPLICATION

ITEM NUMBER 12.1

SUBJECT 21 Ritchie Street, Rosehill
(Lot 37 DP 5009) (Elizabeth Macarthur Ward)

DESCRIPTION Demolition of all existing structures, tree removal and construction of a 2 storey dwelling.

REFERENCE DA/966/2008 - Submitted 22 December 2008

APPLICANT/S Mr & Mrs Loreto

OWNERS Mr & Mrs Loreto

REPORT OF Manager Development Services

REASON FOR REFERRAL TO COUNCIL

The application has been referred to Council as more than 7 submissions have been received.

EXECUTIVE SUMMARY

The application seeks approval for the demolition of all existing structures, tree removal and construction of a 2 storey dwelling. Whilst the dwelling is two storeys, the first floor has been significantly redesigned from the original plans submitted in order to address the numerical controls that limit the height of buildings applicable to the site under the provisions of SREP 28 and particularly those that relate to the Football Estate Special Area.

The Football Estate Special Area has particular controls that limit the overall height of development within this section of Ritchie Street, being 4m to the ceiling of the topmost floor (the eaves) plus an attic. The underlying objectives for the height control is to maintain significant identified views and reinforce the character and scale of residential development.

The application was referred to Council’s Heritage Officer who raises no objection with the proposed development.

The dwelling was redesigned, integrating the first floor within the roof space of the dwelling to create an attic to minimise the dominance of the two storey element. This redesign resulted in the proposed dwelling complying with the height limitations and suitably addressing the objectives of SREP 28. The revised plans were renotified in accordance with Council’s Notification Development Control Plan.

In response to both notifications (the original and the amended plans) the application attracted 4 individual submissions and a petition with 7 signatures.

In summary, the matters raised by the residents related to the overall height of the development, overshadowing, loss of privacy, and concern with an existing shared driveway arrangement. These concerns are further discussed in Attachment 1.

Due to the number of submissions an on-site meeting was held on 1/8/2009 with Councillors, staff and concerned residents, to inspect the site and allow residents the opportunity to discuss matters relating to the proposed development.

This is a long standing application due to the significant redesign required for the proposed dwelling and is now ready for determination.

The site is zoned Residential 2(a) (Harris Park Precinct). The proposed dwelling is consistent with the aims and objectives of Sydney Regional Environmental Plan No.28 - Parramatta and Harris Park Precinct Development Control Plan, and the proposed dwelling will not have an unacceptable impact on the amenity of adjoining properties and respects the character and significance of the locality. Accordingly, the application is recommended for approval.

RECOMMENDATION

(a) That, Development Application No. 966/2008 for the demolition of all existing structures, tree removal and construction of a 2 storey dwelling, be approved subject to the conditions of consent in Attachment 1 to this report.

(b) Further that, the objectors, including the head petitioner, be advised of Council’s decision on this matter.

Nicholas Clarke

Development Assessment Officer

Attachments:

1View	S79c Assessment Report	23 Pages
2View	Locality Map	1 Page
3View	Plans and elevations	4 Pages
4	Confidential plans	2 Pages

REFERENCE MATERIAL

Regulatory Council	14 September 2009

Development Applications

14 September 2009

13.1 Section 82A Review - No. 1 Ferris Street, North Parramatta (Lot 1 DP 800654) (Arthur Phillip Ward)

13.2 104 South Street, Granville
(Lot A DP 315642 & Lot 1 DP 90266) (Elizabeth Macarthur)

13.3 47A and 49 Fennell Street North Parramatta
(Lot A DP 332456)

13.4 22A Hunter Street, Parramatta

13.5 171 and 260 Victoria Road Parramatta
(Lot 1 DP 879918, Lots 100-101 DP 816829, Lot 1 DP 836958 and LIC 201745)

13.6 Lot 613 DP 228561, Lot 12 DP 233268, Lot 7 DP 253959, Winston Hills Lions Park (Pk 197), No. 22 Churchill Drive, Winston Hills

13.7 No. 6 Sorrell Street Parramatta (Lot 1 DP 538927) (Arthur Phillip Ward)

13.8 Lot 17C in DP 752058, Granville Park , 188 Woodville Road, MERRYLANDS NSW 2160 (Ward) (Location map - Attachment 2)

Regulatory Council 14 September 2009

Item 13.1

DEVELOPMENT APPLICATION

ITEM NUMBER 13.1

SUBJECT Section 82A Review - No. 1 Ferris Street, North Parramatta (Lot 1 DP 800654) (Arthur Phillip Ward)

DESCRIPTION Construction of a 2 storey building containing ground floor carparking and a first floor warehouse with associated offices. Approval is also being sought for the occupation of the premises for the warehousing and distribution of motor vehicle spare parts, as well as ancillary retail sales to the public.

REFERENCE DA/329/2008 - submitted 6 May 2009

APPLICANT/S Burbot Properties Pty Ltd

OWNERS Burbot Properties Pty Ltd

REPORT OF Manager Development Services

REASON FOR REFERRAL TO COUNCIL

The application is referred to Council as it is a Section 82A Review.

EXECUTIVE SUMMARY

1. This Section 82A Review application seeks Council’s reconsideration of its refusal to grant consent for the construction of a two storey building comprising a car park at the ground level and a warehouse, offices and ancillary retail spaces at the first floor level. The original Development Application (DA/329/2008) was refused on 2^nd January, 2009 for the following reasons:

· The proposal exceeded the maximum floor space ratio of 1:1;

· Inappropriate streetscape presentation due to the insufficient street setback of the first floor level ; and

· That the proposal was not in the public interest.

2. Amended plans were submitted with the Section 82A Review application. The amendments to the plans included an increase in the street setback of the first floor level, a reduction in the floor area of the building and the addition of a wheelchair hoist to provide disabled access to the first floor level.

3. No submissions have been received in response to this application.

4. For the reasons outlined in this report and Attachment 1, it is recommended that Council change its previous decision and grant consent to the Section 82A Review application.

RECOMMENDATION

That Council change its determination and approve Development Application 329/2008 for the construction of a two storey building comprising a car park at the ground level and a warehouse, offices and ancillary retail spaces at the first floor level at No. 1 Ferris Street North Parramatta, subject to the conditions of consent in Attachment 1 of this report.

Jonathan Goodwill

Senior Development Assessment Officer

Attachments:

1View	Section 79C Assessment Report	33 Pages
2View	Locality Map	1 Page
3View	Plans and Elevations	4 Pages

Regulatory Council 14 September 2009

Item 13.2

DEVELOPMENT APPLICATION

ITEM NUMBER 13.2

SUBJECT 104 South Street, Granville
(Lot A DP 315642 & Lot 1 DP 90266) (Elizabeth Macarthur)

DESCRIPTION Replacing the roof of the existing church hall with sheetmetal (colorbond).

REFERENCE DA/401/2009 - Submitted 26 June 2009

APPLICANT/S Trustees Baptist Church

OWNERS Trustees Baptist Church

REPORT OF Manager Development Services

REASON FOR REFERRAL TO COUNCIL

Place of Public Worship.

EXECUTIVE SUMMARY

1. The application seeks approval to replace the existing corrugated iron roof of the church hall with ‘cottage green’ coloured sheetmetal (colorbond).

2. The proposal was referred to Council’s Heritage advisor who has no objection to the proposal. The site is a listed heritage item, comprising a notable church created in the Federation period (c.1911). The proposal is to replace the existing deteriorated corrugated iron roof on the c.1950s church hall, adjoining the church building, which is of lesser cultural value.

3. No objections have been received in respect to this application.

4. The proposed development is permissible in the Centre Business 3(a) zone and will not have an unreasonable impact on the amenity of the area or the historic value of the site, and is therefore recommended for approval.

RECOMMENDATION

That Development Application No. 401/2009 which seeks consent to the replacement of the roof of the existing church hall with sheetmetal be approved subject to the conditions of consent in Attachment 3 of this report.

Sophia Chin

Development Assessment Officer

Attachments:

1View	Plan	1 Page
2View	Locality Map	1 Page
3View	S79C Assessment Report	13 Pages

Regulatory Council 14 September 2009

Item 13.3

DEVELOPMENT APPLICATION

ITEM NUMBER 13.3

SUBJECT 47A and 49 Fennell Street North Parramatta
(Lot A DP 332456)

DESCRIPTION Demolition, tree removal and construction of a three storey residential flat building containing 7 x 2 bedroom units with strata subdivision.

REFERENCE DA/58/2009 - 9 February 2009

APPLICANT/S Tilrox Pty Ltd

OWNERS Mr C McFadden and Metropolitan Lands Office

REPORT OF Manager Development Services

REASON FOR REFERRAL TO COUNCIL

Five written submissions and a petition with 9 signatures have been received.

EXECUTIVE SUMMARY

The application seeks approval for demolition, tree removal and construction of a three storey residential flat building containing 7 x 2 bedroom units with strata subdivision.

The proposed residential flat building is consistent with the objectives of Parramatta LEP 2001, Parramatta DCP 2005 and Sydney Regional Environmental Plan No. 28 – Parramatta with the exception to frontage requirements and side setbacks. The proposal will not unreasonably affect the amenity of the surrounding area, subject to conditions of consent.

The site is located within a residential area with numerous residential flat buildings in the immediate locality. The design of the development takes into consideration the existing residential character and is considered to be compatible. In addition the residential flat building will not generate undue privacy, noise or traffic impacts on adjoining properties.

Five individual objection letters and a petition with 9 signatures have been received in respect to this application.

The application has undergone several amendments as a result of discussions with Council staff. The final plans demonstrate that the residential flat building will be of a high standard of design. This is a long standing application that is now ready for determination.

The proposed development is permissible in the Residential 2C zone and will not have an unreasonable impact on the amenity of the area, and is therefore recommended for approval.

RECOMMENDATION

(a) That development application (DA/58/2009) which seeks consent for demolition, tree removal and construction of a three storey residential flat building containing 7 x 2 bedroom units with strata subdivision be approved, subject to the conditions of consent contained in Attachment 1 of this report.

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

Sara Matthews

Senior Development Assessment Officer

Attachments:

1View	Delegated Report	43 Pages
2View	Locality Plan	1 Page
3View	Plans and Elevations	7 Pages
4View	Comments from Department of Water and Energy	3 Pages
5	Confidential plans	3 Pages

Regulatory Council 14 September 2009

Item 13.4

DEVELOPMENT APPLICATION

ITEM NUMBER 13.4

SUBJECT 22A Hunter Street, Parramatta

DESCRIPTION Intensification of existing brothel - increasing the number of sex workers from 2 to 8, provision of a security guard, increased hours of operation and use of the entire ground and first floor levels of the building.

REFERENCE DA/229/2009 - lodged 17th April, 2009

APPLICANT/S S L Sansiro

OWNERS Memspan Pty Ltd & Ors

REPORT OF Manager Development Services

REASON FOR REFERRAL TO COUNCIL

The application relates to a sex services premises.

EXECUTIVE SUMMARY

This application relates to an approved sex services premises that is operating at 22A Hunter Street, Parramatta. The sex services premises was approved on 15 August, 2007 via Development Consent No. 109/2007. The existing consent has operation hours of 10.00am to 10.00pm 7 days per week; a maximum of 2 sex workers; and 4 work rooms.

The current application (DA/229/2009) seeks to increase the hours of operation to 10.30am to 5.00am the following morning seven days per week and to increase the number of sex workers on the premises from 2 to 8; and provide an additional 4 work rooms (total 8 work rooms). The application also seeks to employ a security guard to be at the premises between 8.00pm and 5.00am.

It is noted that the DA seeks to use both floors of the building as a sex services premises, whereas the existing consent only allows the use of the first floor and part of the ground floor.

An inspection of the property has revealed that the building works proposed as part of this application have already been carried out without the consent of Council.

The application has been assessed by Council’s Strategic Crime & Corruption Officer. The following conclusions have been made in relation to the application:

“The proposed development is likely to create and generate crime within the immediate area; an area that has been relatively crime free within the past 12 months.

There is an increased risk of workers and shoppers within the area, particularly from Westfield, becoming victims of crime.

There is no material submitted by the applicant that addresses or identifies any of these issues. This indicates a lack of understanding of the impact of the proposed development on crime and social issues.”

The application was also referred to the NSW Police for comment. A written response was not provided but Senior Constable Garth Neal of the Parramatta LAC has verbally advised that the NSW Police does not support the application.

One submission from a member of the public was received objecting to the DA.

There are significant public interest issues that warrant refusal of the application, together with the fact that the building works proposed in this application have already been completed.

Accordingly DA/229/2009 is recommended for refusal, for the reasons outlined below.

RECOMMENDATION

(a) That Development Application No DA/229/2009 for the intensification of the use of the premises as a sex services premises at No. 22A Hunter Street, Parramatta be refused for the following reasons:

(1) That there is a proliferation of full service sex services premises located within the Parramatta CBD area and that such proliferation and the intensification of this use is not in the public interest.

(2) That the proposed development is likely to create and generate crime within the immediate area; an area that has been relatively crime free within the past 12 months.

(3) That there is an increased risk of workers and shoppers in the area becoming victims of crime.

(4) That there is no material submitted by the applicant that addresses or identifies the issues of crime and safety satisfactorily.

(5) That the proposal fails to promote an active street address and does not satisfy the requirements of Part 3.2 – ‘Active Street frontages and Address’ of Parramatta City Centre DCP 2007.

(6) The proposal fails to satisfy the requirements of Part 3.4 – ‘Safety and Security’ of Parramatta City Centre DCP 2007.

(7) That the proposal includes the expansion of the sex services premises into the ground floor level of the building which fails to satisfy the requirements of Part 7.4 ‘Controls for Special Uses’ of Parramatta City Centre DCP 2007.

(8) That, having regard to the above reasons, the proposal fails to satisfactorily address the requirements of subclause 29B(2) of Parramatta City Centre LEP 2007.

(9) The building works proposed in this application have been completed without development consent being obtained.

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

Alan Middlemiss

Senior Development Assessment Officer

Attachments:

1View	Section 79C Report	14 Pages
2View	Locality Map	1 Page
3View	Strategic Crime & Corruption Officer's comments	3 Pages
4View	Plans & Elevations	1 Page

Regulatory Council 14 September 2009

Item 13.5

DEVELOPMENT APPLICATION

ITEM NUMBER 13.5

SUBJECT 171 and 260 Victoria Road Parramatta
(Lot 1 DP 879918, Lots 100-101 DP 816829, Lot 1 DP 836958 and LIC 201745)

DESCRIPTION Masterplan to guide the future development of the Rydalmere campus of the University of Western Sydney

REFERENCE RZ/1/2007 - 10 September 2007

APPLICANT/S University of Western Sydney

OWNERS University of Western Sydney

REPORT OF Manager Development Services

REASON FOR REFERRAL TO COUNCIL

The application is for a Masterplan.

EXECUTIVE SUMMARY

The application seeks approval for a new Masterplan to guide the future development of the Rydalmere campus of the University of Western Sydney. A Masterplan was approved by Council to guide development within the Southern portion of the campus in 2004. The masterplan assessed under this application incorporates the Northern Campus of the university and refines the future development within the Southern Campus.

The site is a key historic site dating back to 1818 when the site was utilised as a Female Orphan School with subsequent use as the Rydalmere Psychiatric Hospital. The university has occupied the site since 1998.

The Masterplan for the University guides the future development for the campus to increase the student population to 10,980 students through provision of student accommodation, additional teaching facilities, student facilities, upgrading of existing buildings, car parking and pedestrian access linking the south and north campuses.

The Masterplan encourages new development along Victoria Road and James Ruse Drive to a height of 3 and 4 storeys on the South campus and establishes 3 storey buildings around the north quadrangle on the north campus.

The Masterplan acknowledges the historical buildings on the site, with heritage buildings being retained and refurbished. Any new development in close proximity to heritage buildings will be developed having regard to the site’s heritage significance.

It is noted that this application does not seek approval for any building works on the site. Approval of the Masterplan will give direction to the University for future development. Any works proposed on the site will be subject to future development applications.

One written submission has been received in respect to the Masterplan.

The Masterplan has undergone several amendments as a result of discussions with Council staff. The Masterplan is now ready for determination.

RECOMMENDATION

(a) That the Masterplan proposed in RZ/1/2007 that will guide the future development of the Rydalmere Campus for the University of Western Sydney be endorsed, subject to conditions contained in Attachment 1 of this report.

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

Sara Matthews

Senior Development Assessment Officer

Attachments:

1View	Assessment Report	32 Pages
2View	Locality Plan	2 Pages
3View	Proposed Masterplan	89 Pages

Regulatory Council 14 September 2009

Item 13.6

DEVELOPMENT APPLICATION

ITEM NUMBER 13.6

SUBJECT Lot 613 DP 228561, Lot 12 DP 233268, Lot 7 DP 253959, Winston Hills Lions Park (Pk 197), No. 22 Churchill Drive, Winston Hills

DESCRIPTION Temporary Use of Winston Hills Lions Park for 'Lions Oktoberfest Fair' to be held on Sunday 11 October 2009.

REFERENCE DA/416/2009 - Submitted 1 July 2009

APPLICANT/S The Lions Club of Winston Hills

OWNERS Parramatta City Council

REPORT OF Manager Development Services

REASON FOR REFERRAL

Relates to Council owned land.

EXECUTIVE SUMMARY

The subject application seeks approval for the temporary use of Winston Hills Park for an Oktoberfest Fair.

The proposed date for the fete is Sunday 11 October 2009. The fete will commence at 9am and close at 4pm. Approximately 2,000 – 2,500 visitors are expected over the course of the day.

There will be approximately 20 – 30 stalls selling toys, clothes, jewellery and crafts. Amusement rides are also proposed including a giant slide, horse rides and a merry-go-round. Various food stalls will also be available selling ice cream, doughnuts, egg and bacon sandwiches, sausage sandwiches and coffee. Alcohol will also be available to visitors within the ‘beer tent’ to be erected in accordance with NSW Police’s direction. Most of the activities will be located on the southern portion of the park along existing pathways to maximise accessibility to stalls, rides and toilets.

The application has been considered by the relevant internal departments and NSW Police. No issues have been raised subject to conditions being incorporated into the consent.

No submissions were received in response to the public exhibition of the proposal.

The proposal is permissible with development consent pursuant to the requirements of the Parramatta Local Environmental Plan 2001, and is consistent with the objectives of the Parks Plan of Management and relevant development standards prescribed by State Environmental Planning Policy (Temporary Structures and Places of Public Entertainment) 2007.

The proposal is considered to be acceptable and of public benefit, will not have a significant adverse impact on neighbouring properties, and as such is recommended for approval.

It is noted that the application has been assessed by an independent planning consultant due to Council owning the land in which the fete will be held.

RECOMMENDATION

That Development Application No. 416/2009 be approved for the temporary use of Winston Hills Lions Park for an Oktoberfest Fair to be held on Sunday 11 October 2009 subject to the conditions of consent in Attachment 1 of this report.

Daniel McNamara

Consultant Town Planner

Daniel McNamara: Planning Services

Attachments:

1View	Section 79C Assessment Report	20 Pages
2View	Locality Map	1 Page
3View	Site Plan	1 Page

REFERENCE MATERIAL

Regulatory Council 14 September 2009

Item 13.7

DEVELOPMENT APPLICATION

ITEM NUMBER 13.7

SUBJECT No. 6 Sorrell Street Parramatta (Lot 1 DP 538927) (Arthur Phillip Ward)

DESCRIPTION Demolition, tree removal, and construction of an 8 storey mixed use development containing 24 apartments and 2 commercial tenancies over 4 levels of basement car parking, with strata subdivision.

REFERENCE DA/198/2009 - Submitted 2 April 2009

APPLICANT/S Better Buildings Pty Ltd

OWNERS Better Buildings Pty Ltd, Mr S Puscarcuk, Mr J Palos

REPORT OF Manager Development Services

Reason for referral to council:

The exhibition of the development application has attracted 8 written submissions and a petition signed by 16 persons objecting to the proposal.

executive summary:

1. This application seeks approval for demolition, tree removal, and construction of an 8 storey mixed use development containing 24 apartments and 2 commercial tenancies over 4 levels of basement car parking, with strata subdivision.

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

3. Eight written submissions and a petition with 16 signatures have been received in relation to the application. None of the issues that have been raised in the submission would warrant refusal of the application.

4. The development substantially complies with the requirements of the Parramatta City Centre LEP, Parramatta City Centre DCP and the Residential Flat Design Code. The proposal is consistent with the zone objectives and is now recommended for approval.

RECOMMENDATION

(a) That development application (DA/198/2009) which seeks approval for demolition, tree removal, and construction of an 8 storey mixed use development containing 24 apartments and 2 commercial tenancies over 4 levels of basement car parking with strata subdivision be approved subject to a conditional consent as outlined in Attachment 1 of this report.

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

Jonathan Goodwill

Senior Development Assessment Officer

Attachments:

1View	Section 79C Assessment Report	47 Pages
2View	Locality Map	1 Page
3View	Plans and Elevations	9 Pages
4	Confidential plans	5 Pages

Regulatory Council 14 September 2009

Item 13.8

DEVELOPMENT APPLICATION

ITEM NUMBER 13.8

SUBJECT Lot 17C in DP 752058, Granville Park , 188 Woodville Road, MERRYLANDS NSW 2160 (Ward) (Location map - Attachment 2)

DESCRIPTION Occupation of part of Granville Park for the use of a circus between 27 September and 18 October 2009, inclusive

REFERENCE DA/473/2009 - 24 July 2009

APPLICANT/S Circus Royale

OWNERS Department of Lands

REPORT OF Manager Development Services

REASON FOR REFERRAL TO COUNCIL

The subject site is land which is under the care, control and management of Council.

EXECUTIVE SUMMARY

Approval is sought to use Granville Park by Circus Royal from 27 September 2009 to 18 October 2009, inclusive. The use will involve the erection of a circus “big top” tent having a height of 10m to its peak and a diameter of 34m near the Woodville Road frontage, towards the Merrylands Road end of the park. The circus is to operate between the hours of 10am and 10pm Monday to Saturday and between 10am and 6pm on Sundays. The circus employs 30 staff and caters for a maximum of 720 visitors. As the circus will be held on Council land, the assessment has been carried out by an independent planning consultant.

No submissions to the application has been received.

The site is zoned part 6(a) Public Open Space and part 9(a) Open Space (Proposed) under Parramatta Local Environmental Plan 2001 (LEP 2001). The proposal is a temporary use, made permissible pursuant to clause 50 of LEP 2001. The proposal is consistent with the objectives of the Parramatta Local Environmental Plan 2001 and Development Control Plan 2005 and is consistent with the requirements of State Environmental Planning Policy (Temporary Structures and Places of Public Entertainment).

Conditions of consent have been recommended to minimise noise, traffic and parking impacts upon the amenity of the area and to ensure the safety of patrons and park users.

Accordingly, the application is recommended for approval.

RECOMMENDATION

That Development Application No. DA/473/2009 which seeks consent for the use of part of Granville Park for a circus between 27 September and 18 October 2009 on land at 188 Woodville Road, Merrylands, be approved subject to the conditions of consent contained in attachment 1 of this report.

Kerry Gordon

Independent Planning Consultant

Attachments:

1View	s79c Report	21 Pages
2View	Locality map	1 Page
3View	Plans	3 Pages
4View	Photographs of the site	1 Page

REFERENCE MATERIAL