Agenda of Regulatory Council

NOTICE OF Regulatory Council MEETING

The Meeting of Parramatta City Council will be held in the Council Chamber, Fourth Floor, 2 Civic Place, Parramatta on Monday, 12 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

The Lord Mayor Clr Paul Garrard - 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, 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 Antoine (Tony) Issa, OAM – Woodville Ward	Clr Chiang Lim, Deputy Lord Mayor – Arthur Phillip Ward

Staff

GALLERY

TABLE OF CONTENTS

ITEM SUBJECT PAGE NO

1 CONFIRMATION OF MINUTES – Ordinary Council - 28 September 2009, Special Council meeting – 30 September 2009

2 APOLOGIES

3 DECLARATIONS OF INTEREST

4 Minutes of Lord Mayor

5 Public Forum

6 PETITIONS

7 Rescission Motions

7.1 Flag Raising Civic Event and Cultural Exhibition for the People’s Republic of China

NOTE: There is also a Rescission Motion on Council’s Advisory Committees that has been listed in Closed Session as Item 16.2

8 Regulatory Reports

8.1 Variations to Standards under SEPP 1

8.2 363 Wentworth Avenue, Pendle Hill
(Lot 1 DP 539762) (Arthur Phillip Ward)

9 DEVELOPMENT APPLICATIONS TO BE ADOPTED WITHOUT DISCUSSION

10 DEVELOPMENT APPLICATIONS TO BE BROUGHT FORWARD

11 Reports - Domestic Applications

11.1 10 Barangaroo Road, Toongabbie
(Lot 2 DP 1115163) (Caroline Chisholm Ward)

11.2 115 Blaxcell Street, Granville
(Lot 69 DP 236139) (Woodville Ward)

11.3 6 Aberdeen Road, Winston Hills
(Lot 501 DP 236732) (Caroline Chisholm Ward)

11.4 Part of the Parramatta River foreshore parks and part of Church Street - (for full legal description see Attachment 4) (Arthur Phillip Ward)

12 Reports - Development Applications

12.1 7 Cowper Street, Granville (Lot 12 in DP 12259) (Elizabeth Macarthur Ward)

12.2 16 Allambie Avenue, Northmead (Lot 35 DP 31032) (Caroline Chisholm Ward)

12.3 65-75 Macquarie Street, Parramatta (Lot E-I & Pt M DP 15108)(Arthur Phillip Ward)

12.4 Section 82A Review - 165 Clyde Street (corner of Mona Street) South Granville (Lot 1 in DP 1055972) (Woodville Ward)

13 Notices of Motion

13.1 Policies and Accountability Systems with Council

14 QUESTION TIME

15 DECISIONS FROM CLOSED SESSION

16 Closed Session

16.1 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.

16.2 Recission Motion on Council Advisory Committees

This report is confidential in accordance with section 10A (2) (a) of the Local Government act 1993 as the report contains personnel matters concerning particular individuals.

16.3 Urgent Legal Matters

Nil as yet.

RESCISSION MOTION

ITEM NUMBER 7.1

SUBJECT Flag Raising Civic Event and Cultural Exhibition for the People’s Republic of China

REFERENCE F2004/06854 - D01319263

REPORT OF N/A

To be Moved by Councillor J Chedid and seconded by Councillors S D Lloyd and P Garrard:-

RECOMMENDATION

“That the resolution of the Regulatory Council Meeting held on 28 September 2009, regarding Flag Raising Civic Event and Cultural Exhibition for the People’s Republic of China, namely:-

“(a) That Council host a cultural exhibition at Parramatta Town Hall.

(b) Further, that Council provide the use of Town Hall for a Chinese cultural exhibition and that additional costs of the exhibition be met by the Consulate of the People’s Republic of China.”

be and is hereby rescinded.”

Attachments:

1View

Previous Lord Mayoral Minute

2 Pages

REGULATORY

ITEM NUMBER 8.1

SUBJECT Variations to Standards under SEPP 1

REFERENCE F2009/00431 - D01318649

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, one (1) development application has been determined where there has been a variation in standards under SEPP 1 or similar provisions under the Standard Instrument, during the period 1 September 2009 to 30 September 2009. The one development application was approved at the Regulatory Council Meeting of 14 September 2009, as shown in Attachment 1.

Louise Kerr

Manager Development Services

Attachments:

1View

Development Application Variations under SEPP 1 - September 2009

1 Page

REFERENCE MATERIAL

REGULATORY

ITEM NUMBER 8.2

SUBJECT 363 Wentworth Avenue, Pendle Hill
(Lot 1 DP 539762) (Arthur Phillip Ward)

DESCRIPTION Section 82A application to review Councils refusal of a Section 96(2) modification to extend operating hours. The approved hours of operation are 6.30am to 5pm Monday to Friday and 8am to 12pm Saturday. The proposed hours of operation are 6am to 10pm Monday to Friday and 6am to 6pm Saturday, with no trading on Sundays.

REFERENCE DA/332/1999/A - Submitted 10 July 2009

APPLICANT/S RLA Polymers Pty Ltd

OWNERS R K Ghalloub 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.

This report was deferred from the Council meeting on 28 September 2009.

EXECUTIVE SUMMARY

This Section 82A Review application seeks Council’s reconsideration of its refusal to grant consent for the section 96 modification to extend operating hours of the industrial premises. The original Development Application (DA/332/1999/A) was refused under delegation on 27 May 2009 for the following reasons:

1. It is of the opinion of the Consent Authority that the proposal fails to satisfy provisions of Part 2 Schedule 3 of the Environmental Planning & Assessment Regulations 2000 for the following reasons:

· the operators have not complied with existing conditions of consent as evidenced by the receipt of amenity complaints from neighbours;

· the operator has not obtained required licences for the operation/use from the Department of Energy and Conservation as previously requested;

· the site adjoins low scale residential zoned land;

· the site is located adjacent to a natural watercourse;

· likely amenity and environmental impacts arising from extended trading hours and increased production capacity.

Thus the application is designated development and is not substantially the same development as that approved under DA/332/1999.

2. The application has not been lodged as designated development and an EIS has not been submitted in respect of the proposal as required by the Environmental Planning and Assessment Regulation 2000. The anticipated production capacity as a result of the increase in operating hours will exceed production capacity thresholds for chemical storage facilities referenced in Schedule 3 of the Regulation.

3. The proposal is not in the public interest.

The Section 82A Review application has reduced the proposed hours of operation from 24 hours to between 6am to 10pm Monday to Friday and 6am to 6pm Saturday, with no trading on Sundays. Additional information has also been submitted, including details of the production capacity, a copy of the DECC licence and an Environmental Management Plan.

Six (6) submissions have been received in response to this application. The main issues raised relate to the potential noise created by the extended hours of operation. The noise issue has been resolved via acoustic works being carried out to the machinery on site, and all works during the extended hours being restricted to within the building.

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.

Note:

A review was carried out to confirm the correct ward that the property falls under. Council’s Pathway system indicates that the subject property falls within the Arthur Phillip Ward.

RECOMMENDATION

(a) That Council change its determination and approve Development Application 332/1999/A for the modification of hours of operation, subject to the conditions of consent in Attachment 1 of this report.

(b) Further, that those persons who lodged submissions be advised of Council’s determination.

Kate Lafferty

Senior Development Assessment Officer

Attachments:

1View	Section 79C assessment report	16 Pages
2View	Previous assessment report	12 Pages
3View	Locality map	1 Page
4View	Approximate Flood Affectation Plan	1 Page

REFERENCE MATERIAL

DOMESTIC APPLICATION

ITEM NUMBER 11.1

SUBJECT 10 Barangaroo Road, Toongabbie
(Lot 2 DP 1115163) (Caroline Chisholm Ward)

DESCRIPTION Construction of a single storey dwelling and tree removal.

REFERENCE DA/83/2009 - Submitted 17 February 2009

APPLICANT/S Mr G J Hagin

OWNERS Mr G J Hagin

REPORT OF Manager Development Services

REASON FOR REFERRAL TO COUNCIL

The proposal seeks a SEPP 1 variation of greater than 10% to Clause 38 ‘Minimum allotment sizes’ in Parramatta Local Environmental Plan 2001.

EXECUTIVE SUMMARY

The application seeks approval for the construction of a single storey dwelling and tree removal upon a vacant battleaxe allotment.

The application has been referred to Council as the proposal seeks a SEPP 1 variation of greater than 10% to Clause 38 ‘Minimum allotment sizes’ in Parramatta Local Environmental Plan 2001. The proposed dwelling is to be built on a battle axe allotment of 532.5m² being less than the required 670m²required for battleaxe allotments. The allotment of land was approved as a subdivided Torrens titled lot on 8 January 2001.

In accordance with a Planning Circular released by the Department of Planning in November 2008 on ’Reporting Variations to Development Standards' variations to development standards greater than 10% should be determined by Council.

No submissions have been received in respect of this application.

The proposed works are consistent with the objectives of Parramatta Local Environmental Plan 2001 and Parramatta Development Control Plan 2005, and is considered satisfactory in terms of design, bulk and scale. There is sufficient landscaping and open space areas provided as part of the proposal, and the new dwelling is considered to be appropriately sited without impacting on the streetscape or adjoining properties.

Accordingly, the application is recommended for approval.

RECOMMENDATION

(a) That Development Application No 83/2009 for the construction of a single storey dwelling and tree removal at 10 Barangaroo Road, Toongabbie be approved subject to the conditions of consent in Attachment 1 of this report.

(b) Further that Council support the variation to Clause 38 of the PLEP 2001 under the provisions of SEPP 1.

Maya Sarwary

Senior Development Assessment Officer

Attachments:

1View	Section 79C Report	25 Pages
2View	Plans	7 Pages
3View	Location Map	1 Page
4	Confidential plan	1 Page

REFERENCE MATERIAL

DOMESTIC APPLICATION

ITEM NUMBER 11.2

SUBJECT 115 Blaxcell Street, Granville
(Lot 69 DP 236139) (Woodville Ward)

DESCRIPTION Conversion of the existing first floor of the church hall to a caretaker's residence

REFERENCE DA/361/2009 - 10 June 2009

APPLICANT/S Mr D Luzaic

OWNERS Australasian Conference Association

REPORT OF Manager Development Services

REASON FOR REFERRAL TO COUNCIL

The proposal involves alterations to a Place of Public Worship.

EXECUTIVE SUMMARY

It is proposed to convert the existing first floor of the church hall building to a caretaker’s residence, comprising of a lounge room, bedroom, bathroom and tea room. The caretaker’s unit is proposed for security purposes so as to prevent vandalism of the church, and will have an area of 79.40m².

The current church hall building on site is part two storeys in height and comprises of a hall, stage, kitchen, entry area, book room, storeroom, and toilets on the ground floor, and a music/board room and a classroom on the first floor.

No objections have been received in respect to this application.

The proposed development is permissible in the Residential 2(b) zone and will not have an unreasonable impact on the amenity of the area or the subject site and is therefore recommended for approval.

RECOMMENDATION

(a) That Development Application No. 361/2009 which seeks consent to convert the existing first floor of a church hall building to a caretaker’s residence be approved subject to the conditions of consent in Attachment 1 of this report.

Maya Sarwary

Senior Development Assessment Officer

Attachments:

1View	Section 79C report	10 Pages
2View	Plans	3 Pages
3View	Location Map	1 Page

REFERENCE MATERIAL

DOMESTIC APPLICATION

ITEM NUMBER 11.3

SUBJECT 6 Aberdeen Road, Winston Hills
(Lot 501 DP 236732) (Caroline Chisholm Ward)

DESCRIPTION Alterations and additions to an existing dwelling comprising of a first floor addition.

REFERENCE DA/468/2009 - 23 July 2009

APPLICANT/S R & J Building Contractors

OWNERS Mr C D Fileman and Ms C J Lovell

REPORT OF Manager Development Services

REASON FOR REFERRAL TO COUNCIL

The application has been referred to Council as the application seeks a variation of greater than 10% to the height control of Clause 39 of Local Environmental Plan 2001 and the application is accompanied by an objection under SEPP 1.

EXECUTIVE SUMMARY

The application seeks approval for alterations and additions to an existing dwelling including a first floor addition located upon the subject site.

The application has been referred to Council as the proposal seeks to vary the height control of Clause 39 by greater than 10%. The proposed additions result in a dwelling that will be three storeys in height by definition instead of two storeys as required under the development standard. In accordance with a Planning Circular released by the Department of Planning in November 2008 on ’Reporting Variations to Development Standards' variations to development standards greater than 10% should be determined by Council.

No submissions have been received in respect of this application.

The proposed works are consistent with the objectives of Parramatta Local Environmental Plan 2001 and Parramatta Development Control Plan 2005, and are considered satisfactory in terms of design, bulk and scale. There is sufficient landscaping and open space areas provided as part of the proposal, and the new addition is considered to be appropriately sited without impacting on the streetscape or adjoining properties. The non compliance is a technical non compliance due to the definition of a storey under PLEP 2001 which includes any subfloor area greater than 1.2 metres above ground level as a storey. The non-compliance is a direct result of the higher than usual pier foundation area that exists under the existing dwelling due to the significantly sloping nature of the subject site.

Accordingly, the application is recommended for approval.

RECOMMENDATION

(a) That Development Application No 468/2009 for alterations and additions to an existing dwelling including a first floor addition at 6 Aberdeen Road, Winston Hills be approved subject to the conditions of consent in Attachment 1 of this report.

(b) Further that Council support the variation to Clause 39 of the PLEP 2001 under the provisions of SEPP 1.

Maya Sarwary

Senior Development Assessment Officer

Attachments:

1View	Section 79C Report	27 Pages
2View	Plans	4 Pages
3View	Location Map	1 Page

REFERENCE MATERIAL

DOMESTIC APPLICATION

ITEM NUMBER 11.4

SUBJECT Part of the Parramatta River foreshore parks (between O’Connell Street and the Parramatta Ferry Terminal) and part of Church Street (between Market and Phillip Streets) –(for full legal description see Attachment 4) (Arthur Phillip Ward)

DESCRIPTION Use of the banks of Parramatta River and surrounding areas for an outdoor event known as "Riverbeats", to be held between 26 October and 14 November 2009 and during late October/ November for the following 2 years.

REFERENCE DA/545/2009 - 17 August 2009

APPLICANT/S Parramatta City Council

OWNERS Parramatta City Council

REPORT OF Manager Development Services

REASON FOR REFERRAL TO COUNCIL

The application is referred to Council as the land subject of the proposal is owned by Council.

EXECUTIVE SUMMARY

Approval is sought for use of the north and south banks of Parramatta River and adjacent areas from O’Connell Street to the Parramatta Ferry Terminal and Church Street between Market and Phillip Streets for an outdoor community event known as “Riverbeats”. The event is to be held between 26 October and 14 November 2009 and during late October/ November for the following 2 years (2010 and 2011).

The application has been assessed by an independent planning consultant as Council is both the owner of the land and the applicant of the Development Application.

No submissions to the application have been received.

The site is part zoned part 6(a) Public Open Space under Parramatta Local Environmental Plan 2001 (LEP 2001) and part zoned RE1 Public Recreation Open Space and part B4 Mixed Use under Parramatta City Centre Local Environmental Plan 2007.

The proposal is a temporary use, made permissible pursuant to clause 50 of LEP 2001 in the PLEP 2001 area and is permissible land use with consent in both zones in the Parramatta City Centre Local Environmental Plan 2007 area. The proposal is consistent with the objectives of the Parramatta Local Environmental Plan 2001, Parramatta City Centre Local Environmental Plan 2007, Parramatta City Centre Development Control Plan 2007 and Parramatta 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 during this community event.

Accordingly, the application is recommended for approval.

RECOMMENDATION

That Council as the consent authority, grant development consent to Development Application No. DA/545/2009 for the use of part of the Parramatta River foreshore parks (between O’Connell Street and the Parramatta Ferry Terminal) and part of Church Street (between Market and Phillip Streets) for a community event known as the Riverbeats Festival between 26 and 30 October 2009 and over a 3 week period during late October/ November for the following 2 years (2010 and 2011), as shown on the approved plans, subject to conditions.

Kerry Gordon

Independent Planning Consultant

Attachments:

1View	Section 79C Report	22 Pages
2View	Plans	3 Pages
3View	Locality Map	1 Page
4View	Full legal description of subject site	1 Page

REFERENCE MATERIAL

DEVELOPMENT APPLICATION

ITEM NUMBER 12.1

SUBJECT 7 Cowper Street, Granville (Lot 12 in DP 12259) (Elizabeth Macarthur Ward)

DESCRIPTION Alterations and intensification of a brothel, including 1 additional client work room to comprise a total of 4 client work rooms and a rear addition to contain a kitchen, office/safe room, toilet and waiting room. No increase to the number of sex workers is proposed. No change to the approved hours of operation are proposed, which are 10.00am to 3.00am (the following morning) Mondays to Fridays and 10.00am to 4.00am (the following morning) Saturdays, Sundays and Public Holidays.

REFERENCE DA/615/2008 - lodged 27th August, 2008

APPLICANT/S Lyle Marshall & Associates Pty Ltd

OWNERS J L Yo Lucky Way Pty Ltd

REPORT OF Manager Development Services

REASON FOR REFERRAL TO COUNCIL

The development application relates to a brothel.

EXECUTIVE SUMMARY

This application relates to a brothel that is operating at 7 Cowper Street, Granville. The brothel was approved at a Council meeting on 7^th July, 2003 via Development Consent No. 2685/2002 with hours of operation being restricted to 10.00am to 3.00am (the following morning) Mondays to Fridays and 10.00am to 4.00am (the following morning) on Saturdays, Sundays and public holidays. The number of sex workers as previously approved is 5 and the number of client service rooms is 3. Council’s Regulatory team is aware that the existing brothel has been operating with 4 client service rooms in contravention of the terms of development consent No. DA/2685/2002.

This current application (DA/615/2008) seeks to modify the internal layout of the brothel and increase the building’s footprint by approximately 25% (20.33m²). The extent of works relate to demolishing the enclosed verandah at the rear of the single storey building and constructing a new kitchen, office, waiting room and disabled toilet. The office and kitchen will have a separate entry which will also allow this area to be used a safe room. The works also increase the number of client rooms of the brothel from 3 to 4, including 1 room with disabled access. However, this does not alter the approved number of employees (5 sex workers) present at any time. Four carparking spaces are located at the rear of the premises.

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

“There is one concern in relation to the proposed development. I recommend that particular attention is made to the proposed ‘safe room’ facility and that this application is not used as a means of fortifying the premises. Fortified premises obstruct and hinder Council and other law enforcement officers in the execution of their duty.

Otherwise, on the basis that there is no increase in either trading hours or the number of sex workers authorised to work within the premises, there is no objection to the proposal.”

The application was also referred to the NSW Police for comment. No response has been provided from the Police on this matter. No public submissions have been received objecting to the development application.

This is a long standing development application and is now ready determination.

The proposal has been assessed against the criteria prescribed by Parramatta LEP 2001, Parramatta DCP 2005 and Council’s recently adopted Brothels Policy, where it is concluded that there are no planning issues that would warrant refusal of the application. Accordingly DA/615/2008 is recommended for consent, subject to conditions.

RECOMMENDATION

That Development Application No. DA/615/2008 for alterations and intensification of a brothel, including 1 additional client work room to comprise a total of 4 client work rooms and a rear addition to contain a kitchen, office/safe room, toilet and waiting room at No. 7 Cowper Street, Granville be granted consent, subject to the conditions outlined in Attachment 1.

Alan Middlemiss

Senior Development Assessment Officer

Attachments:

1View	Section 79C Report	24 Pages
2View	Locality Map	1 Page
3View	Plans & Elevations	14 Pages
4View	Strategic Crime & Corruption Officer comments	1 Page
5View	Revised Plan of Management	56 Pages
6View	CRM Hisory	11 Pages

DEVELOPMENT APPLICATION

ITEM NUMBER 12.2

SUBJECT 16 Allambie Avenue, Northmead (Lot 35 DP 31032) (Caroline Chisholm Ward)

DESCRIPTION Construction of a retaining wall along the rear and side boundaries with a maximum height of 1.6m.

REFERENCE DA/518/2009 - 6 August 2009

APPLICANT/S Autal Farkas and Deborah Young

OWNERS Autal Farkas and Deborah Young

REPORT OF Manager Development Services

REASON FOR REFERRAL TO COUNCIL

The application has been referred to Council as the proposal seeks a SEPP 1 variation of greater than 10% to Clause 47 – ‘Development on land abutting an environmental protection zone’ (Zone 7) in Parramatta Local Environmental Plan 2001.

EXECUTIVE SUMMARY

The application seeks approval for the construction of retaining walls along the rear and northern side boundaries with a maximum height of 1.8m

The subject site adjoins Zone 7 bushland at the rear. Clause 47 – ‘Development on land abutting an environmental protection zone’ of Parramatta LEP 2001 prescribes that no building is to be erected within 6 metres of the boundary of Zone 7. The proposed retaining walls will be built on the boundary of the subject site and do not provide a 6m setback. The proposed retaining walls are required to retain the soil around the approved swimming pool and to level the ground.

A SEPP 1 Objection has been submitted with the application and can be supported as the proposed development is consistent with the objectives of the development standard regarding the protection and conservation of bushland, biodiversity and remnant habitat. It is considered that compliance with the development standard is unnecessary as the development encroaching the stipulated 6 metre setback will have no adverse impact on the environmental significance and protection of the adjoining Zone 7 Bushland.

The proposed works are consistent with the objectives of Parramatta Local Environmental Plan 2001 and Parramatta Development Control Plan 2005 as there will be no unacceptable impact on any flora or fauna or remnant habitat.

No submissions have been received in respect of this application.

Accordingly, the application is recommended for approval subject to conditions.

RECOMMENDATION

(a) That Development Application 518/2009 for the construction of retaining walls to along the rear and side boundaries with a maximum height of 1.8m be approved subject to the conditions of consent in Attachment 1 of this report.

(b) That Council support the variation to Clause 47 of the PLEP 2001 under the provisions of SEPP 1.

Ashleigh Matta

Development Assessment Officer

Attachments:

1View	Section 79C Report	17 Pages
2View	Locality Map	1 Page
3View	Plans	2 Pages

REFERENCE MATERIAL

DEVELOPMENT APPLICATION

ITEM NUMBER 12.3

SUBJECT 65-75 Macquarie Street, Parramatta (Lot E-I & Pt M DP 15108)(Arthur Phillip Ward)

DESCRIPTION Use of the ground floor for a herbal health clinic including acupuncture, remedial massage and herbal consultations with associated signage.

REFERENCE DA/501/2009 - 31 July 2009

APPLICANT/S J Z Health Solutions

OWNERS Mr J S Horsfield and Mr K A Stanberg and R W Irvine and Mr A H Woodland and Mr A A Hyam

REPORT OF Manager Development Services

REASON FOR REFERRAL TO COUNCIL

The proposal seeks approval to use an existing premises for the purposes of a herbal health clinic including acupuncture and remedial massage.

EXECUTIVE SUMMARY

The application seeks approval for the fit out and use of the ground floor for a herbal health clinic including acupuncture, remedial massage and herbal consultations with associated signage. The hours of operation are 9:00am to 6:00pm, 7 days a week.

No objections from the public have been received in relation to this application.

The proposal is defined as business premises under Parramatta City Centre LEP 2007 and is permissible in the B4 Mixed Use Zone. The development is consistent with the aims and objectives of the B4 Mixed Use zone applying to the land, and is also consistent with the aims and objectives contained within Council’s City Centre DCP.

The applicant has provided documentary evidence of the workers qualifications relating to herbal therapies and remedial massage. There is no evidence before Council that indicates that the purpose for which consent is sought is for a use other than described in the submitted Statement of Environmental Effects (SEE). It is also noted that the SEE states that there will be no sex on premises activities.

Council’s Crime and Corruption Officer while not raising an objection has advised that if Council is mindful to approve the application, he recommends that strict consent conditions are imposed in order to ensure compliance and prevent the development morphing into a business that provides sex services. The NSW Police verbally raised no objection to the proposal

Notwithstanding this, it is appropriate for Council to place conditions on the consent that specifically prohibit the use of the premises for sexual services.

Accordingly, the application is recommended for approval subject to conditions.

RECOMMENDATION

That Development Application 501/2009 for the use of the ground floor for a herbal health clinic including acupuncture, remedial massage and herbal consultations with associated signage be approved subject to the conditions of consent in Attachment 1.

Ashleigh Matta

Development Assessment Officer

Attachments:

1View	Section 79C Report	18 Pages
2View	Locality Map	1 Page
3View	Elevation plan, site plan, ground floor plan and signage plan	2 Pages
4View	Strategic Analyst comments	2 Pages

REFERENCE MATERIAL

DEVELOPMENT APPLICATION

ITEM NUMBER 12.4

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

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 28^th 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.

RECOMMENDATION

(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.

Alan Middlemiss

Senior Development Assessment Officer

Attachments:

1View	Section 82A Assessment Report	48 Pages
2View	Section 82A Original Plans & Elevations as amended prior to refusal	12 Pages
3View	Plans & Elevations	9 Pages
4View	Locality Map	1 Page
5View	Previous Section 79C Report	31 Pages
6View	Previous Notice of Determination (Refusal)	3 Pages

NOTICE OF MOTION

ITEM NUMBER 13.1

SUBJECT Policies and Accountability Systems with Council

REFERENCE F2005/02435 - D01312392

REPORT OF Councillor J Chedid

To be Moved by Councillor J Chedid

(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.

BACKGROUND

We have an obligation as the elected body in reviewing our policies and ensuring that our policies are up to date and that the proper accountability systems are in place. This is to ensure provision of best practice and services, and to ensure that Parramatta City Council is not exposed to poor or outdated practices.

Attachments:

There are no attachments for this report.