MINUTES OF THE Meeting of Parramatta City Council HELD IN THE Council Chambers, CIVIC PLACE, PARRAMATTA ON Monday, 14 September 2009 AT 6:48 pm

PRESENT

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

ACKNOWLEDGEMENT TO TRADITIONAL LAND OWNERS

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

MINUTES

SUBJECT                    Minutes of the Ordinary Council Meeting held on 24 August 2009

10957                  RESOLVED       (Chedid/Lloyd)

That the minutes be taken as read and be accepted as a true record of the meeting.

APOLOGIES

10958                 RESOLVED       (Bide/Chedid)

That an apology be received and accepted for the absence of Councillors P Esber and C X Lim and it be noted that Councillors M McDermott and L E Wearne were absent as they were in attendance at the Parks and Leisure Australia Conference and leave of absence be granted.

DECLARATIONS OF INTEREST

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

LORD MAYORAL MINUTES

1

SUBJECT          Congratulating the Parramatta Eels on Reaching the National Rugby League 2009 Season Finals FROM                 The Lord Mayor, Councillor A Issa OAM

10959

RESOLVED       (Issa/Wilson) (a)      That the Lord Mayor send a letter to the Parramatta Eels on behalf of Council to congratulate them on reaching the National Rugby League 2009 Season finals and convey Council’s best wishes for the rest of the season. (b)      That Council erect Parramatta Eels banners in the city to demonstrate support of the team. (c)       That the Lord Mayor send a letter to Jarryd Hayne to congratulate him on being awarded the 2009 Dally M Player of the Year Medal. (d)      That Council contact the Parramatta Eels team management with regard to an appropriate civic reception. (e)      Further, that in the event that the Parramatta Eels win the competition, Council give a reception to the team.

2	SUBJECT          Classification of 38 Marion Street, Parramatta REFERENCE    F2006/00887 FROM                 The Lord Mayor Councillor A Issa, OAM
10960	RESOLVED       (Issa/Chedid) That Lot 9 in Deposited Plan 906071, being 38 Marion Street, Parramatta, be   classified as Operational land pursuant to Sections 31 and 34 of the Local Government Act 1993. NOTE:       Councillor J D Finn requested that her name be recorded as having voted against this decision.

PUBLIC FORUM

1

SUBJECT          Council Accountability and various issues REFERENCE    F2004/06174 FROM                 Mr Bruce Berry

10961

QUESTIONS By Mr Bruce Berry:- “My comments and questions relate to the accountability of Council. IPART is currently carrying out an inquiry into the Revenue Framework for Local Government. It includes a section on Accountability. I will be sending in a submission to the inquiry, but I would first like to ask Council to explain why I should not regard the following matters as failures of Council to be accountable. I have not included all my areas of concern because of time constraints at public forum. Other will be found in my recent unanswered letters:- 1. I have still to received the results of the “detailed investigation” into issues I raised in a letter to council, dated 8 July 2009. This was the letter which Council mistook as a public forum submission. It clearly wasn’t. I was told at Council meeting of 13 July 09 that I would receive a response to the letter within 14 days. This was then changed to 21 August 09 because apparently nobody at council at the time who could adequately answer my questions. Eg:- 1.1    Why Council approved massive breaches in the Landscape Plan for 95 Kissing Point Road, Dundas. It was claimed that the following breaches, as well as others, were ‘generally consistent’ with the plan: 1.2    Deletion of 50 three metre lily pillies, 4 eight metre water gums and also tree ferns, all replaced by native grass. 1.3    Paving over of turfed court yards, eliminating soft soil areas and about 80 plants. 1.4    Addition of 8 new courtyards. 1.5    What evidence is there that deletion of 14 windows was considered at Construction Certificate stage, according to Council, when documents show that this was not the case? What stage has the ‘detailed investigation’ reached and when will I be given the results? 2         I was also told that an investigation was carried out into issues I have raised about Council’s decision making in the DA for 9 St Andrews Pl Rydalmere and its handling of the Court proceedings. I waited 10 weeks for the results of the investigation and had to raise the matter at public forum. The decision reached by Council was that Council’s assessment of the DA and its involvement in the Court proceedings was appropriate in all respects. In reaching this decision, Council made no reference to any of the issues that I had raised, including the fact that the Court, in saying that Council’s contentions were limited, supported us in our claim that Council did very little to promote the community’s interests in the Court hearing. This was the main claim we had made against council. 3         When I asked at public forum, after the 10 week period, as to when I would receive the results of the 9 St Andrews investigation, my question was declared out of order on confidentiality grounds. I have been told that I would be given the results. Council now regards this as a closed matter without explaining how the release of the date could be regarded as a confidential matter. 4         My question on why alleged code of conduct breaches by staff members are treated with confidentiality, while those of Councillors are not, was also declared out of order. The unfairness of the ruling is shown by the fact that the situation was later explained to me in non confidential terms. Council has declared this as another closed item without explaining or acknowledging the inconsistencies in its decisions. 5         Council has suggested that I limit my letters to single issues so that it can address them more effectively. I tried this approach with the DA for 25 Calder Rd Rydalmere. My letter is dated 13 July 09. I have not received a response to it. The letter was to be answered within the same timeframe as my major letter of 8 July 2009.” Note at this time, the 5 minutes permitted for Public Forum per question elapsed. The remainder of questions were taken on notice and were in the following terms:- “ I asked why:- 6          Major alterations were allowed to the Sothern or Streetscape elevation as well as the Ground floor plan, without notification to the public or indication on the plans that they are revisions of the original plans. We were not informed until the site meeting. 7          Why the DA should not be rejected in the name of ‘good governance’ when the proposed changes are so extensive that they could not be introduced through conditions of consent, also considering that there are 22 different areas of objection to this DA. 8          Council appears to be offended by my requests for substantiation of its claims. It has suggested that I discuss matters with Council officers, but I have found in the past that it is essential that I obtain responses from Council in writing. I am very happy to substantiate any of my own claims to Council. 9          Council claims that its responses to me have always been appropriate, despite evidence to the contrary. I can show that I was never supplied with the number of DAs backlogged because of failure to supply information, or why there is a backlog when council has sufficient officers, that I have not raised specific issues on ‘numerous occasions’ at public forum, that Council has confused one DA with another, that it has issued approvals without first obtaining essential documents, thereby potentially endangering the public, that it still accepts documents that are incomplete, and I have many examples of inappropriate responses because of the ignoring of key issues. Does Council believe that limitations in the Revenue Framework have resulted in these accusations that it has not been accountable and also that it has had to suggest that complaints limit themselves to single issues, even if it were feasible? If so, why is it that Parramatta is the only Council in this part of Sydney that did not send in a preliminary submission to IPART? Altogether 43 Council in NSW did. I suggest that it is not because of lack of finance or other resources that Council leaves itself open to criticism. I believe it is because of sheer neglect of its public responsibilities.” RESPONSE: By Ms Sue Weatherley - Group Manager Outcomes and Development “Thank you Mr Berry for your public statement and for informing Council of your intention to make a submission to the IPART Inquiry on the ‘Revenue Framework for Local Government’.  Whilst Parramatta Council did not submit an individual submission to the IPART inquiry, Council did provide comment to WSROC, and the comments were incorporated into WSROC’s submission that was made on behalf of a number of councils in the Western Sydney region. The public statements that you have made regarding your dissatisfaction with the responses that have been provided to you in the past on various matters are noted. I wish to advise that the ‘investigation’ into the various DA issues you have previously raised in relation to Calder Road and Kissing Point Road is being finalised and a letter will be sent to you by the end of this week.        In relation to the matters investigated in relation to 9 St Andrews Street, they have been investigated and the outcomes of this investigation and the confidentiality requirements of the Local Government Act, Council’s Code of Meeting Practice and the Code of Conduct were advised to you in letters dated 14 April 2009 and 6 May 2009 respectively.”

2

SUBJECT          UWS Campus at Rydalmere REFERENCE    RZ/1/2007 FROM                 University of Western Sydney

10962

STATEMENT: By UWS: “UWS wish to request speak at the Public Forum Session to request that the application be approved subject to certain amendments to the draft conditions of consent: A        Deletion of draft condition eleven (seeking provision of some 3850 car parking spaces, more than tripling existing spaces). In particular we would like to make points of the following nature: B       There is no solid basis to this figure. Draft condition five suggests submission of a workplace travel plan to encourage public transport use. This campus is the best serviced UWS campus for public transport. To apply the parking condition would be a contradiction to draft condition five suggesting actively increasing public transport use. Draft condition nine requires implementation of the Department of Planning’s recommendations. The Department notes that it would be inconsistent with government policy to apply the proposed parking requirement based solely on demand. Thus, to apply condition eleven, to significantly increase parking would be a contradiction to draft condition nine suggesting actively increasing public transport use. The masterplan report provides some diagrams considering where parking could be located and the quantities, such as on page 77, showing a concept for 1300 car spaces in the long-term. In comparing that parking diagram to the staging plan on page 73 it is obvious that to meet the parking demands suggested in draft condition eleven would require using much of the remaining building footprints for parking. There would be little merit in having a masterplan for the growth of teaching and student numbers if we were required to use the building footprints for a massive increase in car parking. This is untenable. C         We also wish to seek the following amendments to the draft conditions:             It is requested that draft conditions relating to heritage (three and four) should reference the ‘southern campus’;             We suggest it would be more practical if draft condition five (which reads that we “shall submit a Workplace Travel Plan… with all future Development Application’s”) was amended to read “shall submit a Workplace Travel Plan… and maintain the currency of that document”;             We request that draft condition six requiring lodgement of a landscape plan specifically dealing with the Victoria Road setback be amended by deletion of “with all future DA’s”; and             In draft condition sixteen we suggest that the reference to 10,980 students should be to ‘equivalent full time’ students.”

PETITIONS

1	SUBJECT          Traffic and Parking Issues - Anderson and Rippon Avenues, Dundas REFERENCE    F2004/06898 FROM                 Residents of Anderson and Rippon Avenues, Dundas
10963	RESOLVED      (Lack/Chedid) (a)      That the petition be received and Council follow up the previous survey carried out in Anderson and Rippon Avenues, Dundas and communicate the results of that survey back to residents and the head petitioner. (b)      Further, that the Parramatta Traffic Committee consider the implementation of speed calming devices in the relevant streets.

Regulatory Reports

7.1	SUBJECT          Variations to Standards under SEPP 1 REFERENCE    F2009/00431 - D01289070 REPORT OF      Manager Development Services
10964	RESOLVED       (Maitra/Finn) That the report be received and noted.

7.2

SUBJECT          Joint Regional Planning Panels REFERENCE    F2005/01801 - D01292501 REPORT OF      Manager Development Services

10965

MOTION              (Garrard/Lloyd) (a)      That Councillors A Issa, OAM and C X Lim be appointed as Council’s representatives on the Sydney West Region Joint Regional Planning Panel for a two (2) year period. (b)      Further, that Councillor A Bide be appointed as an alternate. AMENDMENT   (Barber/Maitra) (a)      That Councillors J D Finn and P J Garrard be appointed as Council’s representatives on the Sydney West Region Joint Regional Planning Panel. (b)      Further, that representation be for a period of 2 months. NOTE:      Councillor P J Garrard did not accept the nomination. The amendment was put and lost. The motion was put and carried.

7.3

SUBJECT          Controls for sex services and restricted premises REFERENCE    F2009/01146 - D01265272 REPORT OF      Project Officer

10966

RESOLVED       (Garrard/Bide) (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. (c)       Further, that the draft DCP be applied as Council policy until the DCP is finalised. DIVISION     The result being: AYES          The Lord Mayor, Councillor A Issa, OAM, in the Chair and Councillors P B Barber, A Bide, J Chedid, G J Elmore, J D Finn, P J Garrard, M A Lack, S D Lloyd, P K Maitra, and A A Wilson. NOES          None.

City Development

8.1

SUBJECT          Amendments to Changes to Council Owned Land in Parramatta Draft LEP REFERENCE    F2008/02904 - D01292340 REPORT OF    Property Development Advisor. Also Property Development Advisor Memorandum dated 3 September 2009.

10967

RESOLVED       (Garrard/Maitra) (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 and be included within Part 2 of Schedule 4 of the Parramatta Draft LEP. DIVISION     The result being: AYES          The Lord Mayor, Councillor A Issa, OAM, in the Chair and Councillors P B Barber, A Bide, J Chedid, G J Elmore, J D Finn, P J Garrard, M A Lack, S D Lloyd, P K Maitra, and A A Wilson. NOES          None.

City Leadership and Management

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

10968

RESOLVED       (Chedid/Garrard) (a)       That the Lord Mayor (or nominee) and Councillors P B Barber and S Lloyd 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.

COUNCIL MATTERS TO BE ADOPTED WITHOUT DISCUSSION

10969 RESOLVED    (Barber/Chedid)

That Items 13.1, 13.2, 13.4, 13.6 and 13.8 of Development Applications for the Council Meeting to be held on 14 September 2009 be adopted unanimously in accordance with the Officer’s Recommendation.

DIVISION     The result being:

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

NOES       None.

Reports - Domestic Applications

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 is referred to Council as more than 7                             submissions have been received.

10970

RESOLVED       (Chedid/Lloyd) (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. DIVISION     The result being: AYES        The Lord Mayor, Councillor A Issa, OAM, in the Chair and Councillors P B Barber, A Bide, J Chedid, G J Elmore, J D Finn, P J Garrard, M A Lack, S D Lloyd, P K Maitra and A A Wilson. NOES       None.

Reports - Development Applications

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.

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. NOTE:    This matter was adopted under Minute No 10969 – Council Matters To Be Adopted Without Discussion.

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.

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. NOTE:    This matter was adopted under Minute No 10969 – Council Matters To Be Adopted Without Discussion.

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.

10971

MOTION              (Finn/Maitra) That consideration of this matter be deferred for 2 weeks pending the provision of additional information pertaining to the on site meeting. AMENDMENT (Chedid/Lloyd) (a)     That development application (DA/58/2009) which seeks consent for demolition, tree removal and construction of a three story 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. The amendment was put and carried and on being put as the motion was again carried. DIVISION     The result being: AYES                    The Lord Mayor, Councillor A Issa, OAM, in the Chair and Councillors J Chedid, P J Garrard, M A Lack, S D Lloyd and A A Wilson. NOES                   P B Barber, A Bide, G J Elmore, J D Finn and P K Maitra.

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.

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. NOTE:    This matter was adopted under Minute No 10969 – Council Matters To Be Adopted Without Discussion.

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. Also Service Manager                             Development Assessment Services Memorandum dated                             14 September 2009. REASON FOR REFERRAL TO COUNCIL                             The application is for a Masterplan.

10972

MOTION              (Barber/Chedid) That consideration of this matter be deferred for 2 weeks. AMENDMENT   (Bide/Wilson) (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 The amendment was put and lost. The motion was put and carried. DIVISION     The result being: AYES          The Lord Mayor, Councillor A Issa, OAM, in the Chair and Councillors P B Barber, J Chedid, G J Elmore, J D Finn, P J Garrard, M A Lack and P K Maitra. NOES         Councillors A Bide, S D Lloyd and A A Wilson.

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 TO COUNCIL                             Relates to Council owned land.

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. NOTE:    This matter was adopted under Minute No 10969 – Council Matters To Be Adopted Without Discussion.

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.

10973

RESOLVED       (Finn/Bide) (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 with the first paragraph of condition 84 being altered to read:-   “84  Construction activities associated with the development, including the delivery of material to and from the site shall only be carried out 6 days a week , Monday to Friday between the hours of 7.00am to 8.00pm  and Saturday between the hours of 8.00am to midday. No work is permitted to be carried out on Sundays or Public Holidays.” (b)      Further that, the 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, J D Finn, P J Garrard, S D Lloyd, P K Maitra, and A A Wilson. NOES   Councillors J Chedid and M Lack.

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.

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. NOTE:    This matter was adopted under Minute No 10969 – Council Matters To Be Adopted Without Discussion.

CLOSED SESSION
10974	RESOLVED       (Wilson/Chedid) That 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        Tender 22/2009 Construction of a Reinforced Concrete Box Culvert Holway Street, Eastwood (Terry's Creek). (D01281787) - 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.

2        Legal Matters Monthly Report to Council. (D01286707) - 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.

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. (D01286709) - 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.

4        Council Structure. The discussions on this issue were confidential in accordance with Section 10 (A)2 (a) of the Local Government Act 1993 as the discussions related to personnel matters.

RESUMPTION OF MEETING
10975	RESOLVED       (Lloyd/Wilson) That the decisions of Closed Session be noted as follows:-

15.1

SUBJECT          Tender 22/2009 Construction of a Reinforced Concrete Box Culvert Holway Street, Eastwood (Terry's Creek). REFERENCE    F2009/01775 - D01281787 REPORT OF      Supervisor - Project Management

10976

RESOLVED       (Bide/Maitra) (a)       That the tender submitted by Mid-West Excavations Pty Ltd for the construction of a reinforced concrete box culvert over Terry’s Creek, Holway Street, Eastwood for the total sum of $255,520 (excluding GST) be accepted. (b)       That all unsuccessful tenderers be advised of Council’s decision in this matter. (c)        Further, that the Lord Mayor and Chief Executive Officer be given delegated authority to execute and affix the Common Seal of Council to the necessary documents.

15.2

SUBJECT          Legal Matters Monthly Report to Council REFERENCE    F2004/07898 - D01286707 REPORT OF      Manager Development Services. Also Legal Services                             Memorandum dated 11 September 2009.

10977

RESOLVED       (Chedid/Lack) (a)     That the report be received and noted. (b)   That Council agree to the following re-drafted conditions in relation to 21 Daking Street, Parramatta being included in Council’s Statement of Facts and Contentions in Reply for Land and Environment Court Proceedings 10522 of         2009 : (a) Condition 10 be amended to read: Heavy motor vehicles (within the meaning of that term as defined in the Road Transport (Safety and Traffic Management) Act 1999) associated with the development shall not park on local roads in the vicinity of the site at any time. Reason: To prevent heavy vehicles from parking in the vicinity of the site. (b) Condition 11.1 be amended to read: The proponent shall notify Parramatta City Council of: (a) Any exceedance of the DECC criteria referred to in Table 1 and Table 2 of the report entitled “Final Draft Air Quality Assessment Parramatta Scrap Metal” dated 27 August 2009, prepared by Holmes Air Sciences and submitted with the application; (b) Any exceedance of the criteria referred to in sections 4.1 and 4.2 on page 1- of the report entitled “Parramatta Scrap Metal, Daking Street Operational Noise Assessment” dated August 2008, prepared by Wilkinson Murray Pty Ltd and submitted with the application; (c) Any incident with actual or potentially significant off-site impacts on the bio-physical environment, as soon as practicable after the occurrence of the incident. The proponent shall provide written details of the exceedance/incident to Parramatta City Council (and any relevant agency) within 7 days of the date on which the incident occurred. Reason:        To maintain environmental and safety principles (c) Council no longer press Condition 11.2 of Development Consent No.696/2008 in the proceedings and that it be deleted;  (d) That either Chris Hallam or Craig McLaren be put forward by Council as the parties’ single Traffic expert. (e) Condition 13 be amended to read: (a) 13.1    There are to be no deliveries or pickups by trucks larger than the   current Isuzu 950 table top truck (approximately 8m long, weight is          7.9 tonne according to information provided by PSM) during school       days Reason: To minimise associated trick noise during school hours. (b)   13.2  Despite condition 13.1, the person having the benefit of this       consent may on not more than six occasions in any one week,           remove the filled 12 tonne bins and replace any such bins with one   empty bin.  For that purpose, a heavy rigid vehicle not more than      12.5 metres in length may be used. Reason:   To minimise associated truck noise                                                             during school     hours. (f) That Council’s solicitors approach the Applicant’s legal representatives and request the applicant’s noise consultant to carry out further assessment of the noise impacts associates with trucks larger than the flat top truck (excluding the heavy rigid vehicle that transports the bins) (g) Should Council decide to engage its own noise consultant, Council’s solicitors be instructed to brief Mr Renzo Tonin to provide advice to Council in relation to condition 13. (c)     Further, that Council adopt Legal Services Support Officer           Memorandum dated 11 September 2009 regarding 356 Church           Street, Parramatta as follows:- (a) To participate in a non binding s.34 conference in respect of appeal number 10452 of 2009 lodged in the NSW Land and Environment Court of New South Wales for 356 Church Street, Parramatta (DA/466/2008). (b) To authorise appropriate officers of Council’s Development Services Unit to participate at the section 34 conference on behalf of Council. (c) To instruct Council’s solicitors to brief Counsel to appear on behalf of Council in these proceedings.      (d)    To instruct Council’s solicitors to seek the leave of the court for     Council to rely upon its internal town planning officer. (e)    To instruct Council’s solicitors to approach the following experts prior to the directions hearing on 23 September 2009 to seek advice as to whether they can support Council’s position in respect of Urban Design issues: a. Gabrielle Morrish b. Alf Lester c. Rodney Jensen (f)   To instruct Council’s solicitors to approach the following experts prior to the directions hearing on 23 September 2009 to seek advice as to whether they can support Council’s position in respect of Heritage issues: a.  David Logan b.  Jennifer Hill c.  Rodney Jensen d. Graham Brooks (g)  To instruct council’s solicitors at the directions hearing of the matter on 23 September 2009 to seek the leave of the Court for the appointment of an: a.  Independent Heritage experts referred to in      recommendation (f) b.Independent Urban Design expert referred to in recommendation (e) (h) To instruct Council’s solicitors at the directions hearing of the matter, should the Court not grant Council leave to rely upon independent experts that Council agree to the appointment of single parties’ expert in Heritage and Urban Design. NOTE:       Councillor A A Wilson requested that it be noted the difficulties Councillors faced in making a consistent decision on this matter when conflicting advice pertaining to the breach of height had been provided.

15.3

SUBJECT          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 REFERENCE    F2009/01129 - D01286709 REPORT OF      Legal Support Officer. Also Legal Services Support Officer Memorandum dated 11 September 2009.

10978

RESOLVED       (Bide/Wilson) (a)       That Council instruct Storey and Gough to instruct a barrister to provide preliminary advice on the merits of the case and likely success of conviction, encompassing the ramifications of the court not allowing the initial conversation into evidence together with the strength of any other evidence that might be available. (b) That if the advice is positive that Storey and Gough then provide a detailed estimate of the likely cost in stages of commencing such a prosecution with the likelihood of recovering costs together with the cost of the preliminary advice provided by the Barrister. (c)       Further, that the matter be re-listed for consideration at the next Council Meeting.

4

SUBJECT          Council Structure REFERENCE    F2005/02722 FROM                 Councillor P J Garrard

10979

RESOLVED       (Garrard/Bide) (a)      That, in part, in order to address the Chambers’ responsibilities under the LGA The Chamber seeks a report from the CEO based upon the document tabled at the meeting tonight (copy appended as attachment 1) which highlights a proposed organisational structure. (b)      That expressions of interest are sought from Councillors to form a working party to be referred to as “The Reform Committee” and that nominations be provided to the Lord Mayor by close of business Friday 18 September 2009. This Committee will reflect the cross factional make up of the Chamber (2 Labor, 2 Liberal and 1 Independent).  (c)      Further, that the purpose of the Committee is to work with the CEO and the various areas of the organisation in order to achieve a positive outcome within the council workplace.

QUESTION TIME

1	SUBJECT          Removal of Dead Cat REFERENCE    F2004/07277 FROM                 Councillor Julia Finn
10980	Councillor Finn advised that there had been a dead cat in the reserve on the northern side of A’Beckett Street, Granville for some weeks and requested its removal.

2	SUBJECT          Timetable for Works in South Street, Granville REFERENCE    F2009/01632 FROM                 Councillor Paul Garrard
10981	Councillor Garrard requested that the Manager City Assets and Environment provide him with a timetable for the works to be carried out in South Street, Granville.

3

SUBJECT          Cancellation of Parking Infringement REFERENCE    F2004/07057 FROM                 Councillor Andrew Bide

10982

Councillor Bide advised that he had received correspondence from the Toongabbie Legal Centre regarding a particular parking infringement. He noted that the parking infringement had now been waived. Councillor Bide sought advice on the management issues associated with the issuing of such tickets and how such actions reflected on the Council. He added that management must ensure quality control or Councillor Bide would call them to account to the public. Councillor Bide requested that a report be provided by the issuing officer as to why the infringement was issued when the signs were not clearly erected. The report should include whether the officer reported that the signs were down and if not, why not. He further requested advice on what action had been taken to provide training to remedy this situation, bearing in mind that when 2 signs are not standing, you cannot commit an offence between them.

4	SUBJECT          Helicopter Noise in Westmead REFERENCE    F2005/00313 FROM                 Councillor Prabir Maitra
10983	Councillor Maitra referred to complaints received from residents in Westmead relating to helicopter noise. Whilst the importance of such flights was noted, he questioned whether it was possible for representations to be made to the relevant Authority to have the flights detoured slightly to reduce noise level for residents.

5	SUBJECT          Possible Waiving of Parking Infringement REFERENCE    F2004/07057 FROM                 Prabir Maitra
10984	Councillor Maitra questioned whether it was possible for personal circumstances to be taken into consideration when considering the waiving of a parking infringement. The Chief Executive Officer requested that the relevant details be provided and he would have the matter investigated.

6	SUBJECT          Flooding in Epping REFERENCE    F2004/06876 FROM                 Councillor Andrew Wilson
10985	Councillor Wilson requested an update on flooding in Epping and on the remediation works taking place

7	SUBJECT          Thanks to Rangers REFERENCE    F2008/00400 FROM                 Councillor Andrew Wilson
10986	Councillor Wilson expressed his thanks and congratulations to rangers for their dedication and diplomacy in recent dealings with restaurateurs in Church Street.

8	SUBJECT          Future Library Services REFERENCE    F2004/08210 FROM                 Councillor Glenn Elmore
10987	Councillor Elmore requested a report on what library services would be provided in the next 10 to 20 years. He requested that the report address whether Council was already considering the changes that may be required. The Chief Executive Officer responded that this issue was part of Council’s Service Review.

9	SUBJECT          Toongabbie Legal Centre REFERENCE    F2004/07057 FROM                 Councillor Scott Lloyd
10988	Councillor Lloyd sought advice as to whether Councillor Bide acted pro bono for the Toongabbie Legal Centre. Councillor Bide responded that he had been invited to undertake an induction process for the Centre which would enable him to carry out pro bono works, however, he had not provided any advice to the Centre as yet.

10	SUBJECT          Proliferation of Cats REFERENCE    F2004/07556 FROM                 Councillor Scott Lloyd
10989	Councillor Lloyd sought advice as to whether there was any action that could be taken in relation to the growing number of feral cats in and around the Parramatta Town Hall and Council Chamber.

11	SUBJECT          15 Minute Free Parking in City Centre REFERENCE    F2006/00137 FROM                 Councillor John Chedid
10990	Councillor Chedid advised that Council had previously made a decision in relation to the availability of 15 minutes of free parking in the City. He advised that signage was required to the effect that even though 15 minutes of free parking was available, a ticket must be obtained from the parking meters and displayed on the dashboard of vehicles.

The meeting terminated at 9.16 pm.

THIS PAGE AND THE PRECEDING 21 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON MONDAY, 14 SEPTEMBER 2009 AND CONFIRMED ON MONDAY, 28 SEPTEMBER 2009.

Lord Mayor