NOTICE OF Council MEETING
Supplementary Agenda
The Meeting of Parramatta City Council will be held in the Council Chamber, Fourth Floor, 2 Civic Place, Parramatta on Monday, 19 October 2009 at 6:45pm.
Dr. Robert Lang
Chief Executive Officer
Parramatta – the leading city at the heart of Sydney
30 Darcy Street Parramatta NSW 2150
PO Box 32 Parramatta
Phone 02 9806 5050 Fax 02 9806 5917 DX 8279 Parramatta
ABN 49 907 174 773 www.parracity.nsw.gov.au
“Think Before You Print”
COUNCIL CHAMBERS
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The Lord Mayor Clr Paul Garrard - Woodville Ward |
Dr. Robert Lang, Chief Executive Officer - Parramatta City Council |
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Sue Coleman – Group Manager City Services |
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Assistant Minutes Clerk – Joy Bramham |
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Minutes Clerk – Grant Davies |
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Sue Weatherley–Group Manager Outcomes & Development |
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Clr Paul Barber – Caroline Chisholm Ward |
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Clr Lorraine Wearne, Lachlan Macquarie Ward |
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Clr Mark Lack – Elizabeth Macarthur Ward |
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Clr John Chedid – Elizabeth Macarthur Ward |
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Clr Glenn Elmore – Woodville Ward |
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Clr Scott Lloyd – Caroline Chisholm Ward |
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Clr Pierre Esber– Lachlan Macquarie Ward |
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Clr Andrew Wilson – Lachlan Macquarie Ward |
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Clr Prabir Maitra – Arthur Phillip Ward |
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Clr Andrew Bide – Caroline Chisholm Ward |
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Clr Julia Finn – Arthur Phillip Ward |
Clr Michael McDermott - Elizabeth Macarthur Ward |
Clr Antoine (Tony) Issa, OAM – Woodville Ward |
Clr Chiang Lim, Deputy Lord Mayor – Arthur Phillip Ward |
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Staff |
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Staff |
GALLERY
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Ordinary Council |
19 October 2009 |
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TABLE OF CONTENTS
ITEM SUBJECT PAGE NO
Note: As Councillors will be aware, the agenda for the Council Meeting to be held on 19 October 2009 had been issued prior to the meeting held on 12 October 2009
Arising from the Council Meeting held on 12 October 2009, the following matters are required to be considered on 19 October 2009. Please include in the previously distributed agenda.
7 Rescission Motions
7.1 7 Cowper Street, Granville
7.2 Policies and Accountability Systems with Council
8a Reports - Development Applications
8.1 Section 82A Review - 165 Clyde Street (corner of Mona Street) South Granville (Lot 1 in DP 1055972) (Woodville Ward)
15 Closed Session
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) (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.
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Ordinary Council |
19 October 2009 |
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Rescission Motions
19 October 2009
7.1 7 Cowper Street, Granville
7.2 Policies and Accountability Systems with Council
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Item 7.1 |
RESCISSION MOTION
ITEM NUMBER 7.1
SUBJECT 7 Cowper Street, Granville
REFERENCE DA/615/2008 - D01328349
REPORT OF Administration Officer
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To be Moved by Councillor L E Wearne and Seconded by Councillors A Bide and J Chedid
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“That the resolution of the Regulatory Council Meeting held on 12 October 2009, regarding 7 Cowper Street Granville, namely:-
“(a) That the application be refused for the following reasons:- 1 The proposal is not in the public interest. 2 The 25% increase in FSR is not supported. 3 The premises has contravened the previous development consent by way of the operation of 4 rooms instead of the approved 3 rooms. 4 The introduction of a safe room gives Council pause with regard to the possible increase in criminal activity and in relation to the safety of employees in this brothel. (b) That an urgent working party be formed consisting of interested Councilors to look at the LEP to ensure that the will of the Council is implemented. (c) Further, that the Hills Shire Council be contacted to ascertain the nature of that Council’s policy in relation to brothels.”
be and is hereby rescinded.”
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1View |
Previous Council Report |
109 Pages |
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Item 7.2 |
RESCISSION MOTION
ITEM NUMBER 7.2
SUBJECT Policies and Accountability Systems with Council
REFERENCE F2005/02435 - D01328370
REPORT OF Administration Officer
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To be Moved by Councillor S D Lloyd and seconded by A A Wilson, and A Bide
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“That the resolution of the Regulatory Council Meeting held on 12 October 2009, regarding Policies and Accountability Systems with Council , namely:-
“(a) That the CEO provide a detailed report on the policies and accountability systems implemented since early 2008, and how they apply to the Local Government Association and Department of Local Government. (b) That the CEO provide a report of the list of policies recommended by the Department of Local Government and the Local Government Association over the last two (2) years, including how many policies have been implemented by Parramatta City Council and which ones are on hold. (c) Further, that a report including comparisons of the Parramatta Council policies demonstrating accountability, transparency and probity to a similar sized Council and the City of Sydney Council such report to include advice on how Council presently measures its policies, their success or failures and how they reflect on today’s overall environment, workplace environment and community together with what, if any recommendations CEO advocates to ensure Council meet current trends for the Parramatta environment in relation to policy and accountability.”
be and is hereby rescinded.”
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1View |
Previous Notice of Motion |
1 Page |
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Ordinary Council |
19 October 2009 |
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Development Applications
19ctober 2009
8.1 Section 82A Review - 165 Clyde Street (corner of Mona Street) South Granville (Lot 1 in DP 1055972) (Woodville Ward)
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Item 8.1 |
DEVELOPMENT APPLICATION
ITEM NUMBER 8.1
SUBJECT Section 82A Review - 165 Clyde Street (corner of Mona Street) South Granville (Lot 1 in DP 1055972) (Woodville Ward)
DESCRIPTION Construction of a 3 storey mixed use development containing ground floor retail and 14 residential units above, over basement level carparking accessed off Clyde Street.
REFERENCE DA/230/2008 - lodged 8th April, 2008; Section 82A lodged 29th June, 2009
APPLICANT/S Aleksandar Design Group Pty Ltd
OWNERS Joey Constructions Pty Ltd
REPORT OF Manager Development Services
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REASON FOR REFERRAL TO COUNCIL
The application is referred to Council as it is an application made under Section 82A of the Environmental Planning & Assessment Act, 1979.
EXECUTIVE SUMMARY
1. This Section 82A Review application seeks Council’s reconsideration of its refusal to grant consent for the construction of a 3 storey mixed use development comprising basement carparking, retail tenancies at ground floor level and 14 residential units above. The original development application (DA/230/2008) was refused by Council under delegated authority on 28th May, 2009 for the following reasons:
· The development fails to satisfy the requirements of clause 40(1a) of Parramatta LEP 2001 and the SEPP 1 objection submitted in support of the variation of the development standard is not well founded.
· The development fails to satisfy objectives (a) and (c) and the Neighbourhood Business 3(b) zone in that the development will compromise the amenity of No. 169 Mona Street South Granville and does not acknowledge the scale of existing buildings.
· The application fails to satisfy the requirements of clause 7(2) of SEPP 55 as a preliminary investigation report or verification that the previous remediation works were carried out to an acceptable standard were not submitted with the application.
· The pedestrian access arrangements and communal open space fail to satisfy the SEPP 65 principles of ‘Amenity’ and ‘Safety and security’.
· The application fails to satisfy the requirements of part 4.4.3 ‘Housing Diversity and Choice’ of Parramatta DCP 2005 and the justification provided to support the variation to the housing mix requirements is inadequate.
· Having regards to the non compliance with the development standard for floor space ratio it is considered that the proposal does not achieve an acceptable interface between adjoining land use zones and has an unacceptable impact on solar access to No. 169 Mona Street. The development fails to satisfy the requirements of part 4.2.1 ‘Streetscape’ of Parramatta DCP 2005 and part 4.3.4 ‘Solar access and cross ventilation’ of Parramatta DCP 2005.
· The application fails to satisfy the requirements of the Environmental Planning and Assessment Regulation 2000 in that an amended BASIX certificate did not accompany the amended plans.
2. Amended plans were submitted with the Section 82A Review application. The amendments to the plans include reducing the footprint of the building so as to comply with the maximum FSR requirement prescribed by the LEP, as well as pedestrian access and communal open space reconfiguration.
3. 18 objections have been received in response to the notification of this Section 82A Review application.
4. For the reasons outlined in this report and Attachment 1, it is recommended that Council change its previous decision and grant a deferred commencement consent to the Section 82A Review application, subject to the contamination report being reviewed by an Accredited Site Auditor.
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(a) That Council change its determination and grant deferred commencement consent to Development Application 230/2008 for the construction of a 3 storey mixed use development comprising basement carparking, retail tenancies at ground floor level and 14 residential units above at No. 165 Clyde Street, South Granville, subject to the recommended conditions of consent in Attachment 1 of this report and the following extraordinary condition:
This approval is a ‘Deferred Commencement’ consent under the provisions of Section 80(3) of the Environmental Planning & Assessment Act 1979, as amended. The consent shall not operate until the applicant satisfies Parramatta City Council as to the following matters contained in Part A, with such matters being satisfied within 12 months of the date of this consent.
Part A
1. Pursuant to the provisions of S. 80(3) of the Environmental Planning and Assessment Act, 1979 the development application be granted a Deferred Commencement Consent subject to the completion of the following:
Submission to Council of suitable documentary evidence that indicates the contamination report has been reviewed by an Accredited Site Auditor to confirm if the remediation standard is still appropriate for today’s standards. This documentary evidence shall be in the form of a copy of the Accredited Site Auditor’s report.
Upon compliance with the above requirements, a full Consent will be issued subject to the following conditions contained in Part B (see Attachment 1):
(b) Further, that the objectors be advised of Council’s decision.
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Alan Middlemiss
Senior Development Assessment Officer
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1View |
Section 82A Assessment Report |
48 Pages |
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2View |
Section 82A Original Plans & Elevations as amended prior to refusal |
12 Pages |
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3View |
Plans & Elevations |
9 Pages |
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4View |
Locality Map |
1 Page |
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5View |
Previous Section 79C Report |
31 Pages |
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6View |
Previous Notice of Determination (Refusal) |
3 Pages |
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