Minutes of Regulatory Council

MINUTES OF THE Meeting of Parramatta City Council HELD IN THE Council Chambers, CIVIC PLACE, PARRAMATTA ON Monday, 12 October 2009 AT 6:55pm

PRESENT

The Lord Mayor, Councillor P J Garrard, in the Chair and Councillors P B Barber, A Bide, J Chedid, P Esber, J D Finn, A Issa, OAM, M A Lack, C X Lim (Deputy Lord Mayor), S D Lloyd, P K Maitra, M D McDermott, L E Wearne and A A Wilson.

ACKNOWLEDGEMENT TO TRADITIONAL LAND OWNERS

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

MINUTES

SUBJECT Minutes of the Council Meeting held on 28 September 2009

11035

RESOLVED (Issa/Lim)

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

SUBJECT Minutes of the Special Council Meeting held on 30 September 2009

11036

RESOLVED (Esber/Lim)

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

APOLOGIES

11037 RESOLVED (Esber/Wilson)

That an apology be received and accepted for the absence of Councillor G Elmore and leave of absence be granted.

DECLARATIONS OF INTEREST

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

LORD MAYORAL MINUTE

SUBJECT The introduction of a Parramatta City Goodwill Ambassadors Programme

REFERENCE F2006/00973

FROM The Lord Mayor, Councillor P J Garrard

11038

RESOLVED (Garrard/Wilson)

(a) That Council introduce a Parramatta City Goodwill Ambassadors Programme.

(b) That nominated Parramatta City Goodwill Ambassadors be invited to serve as a point of contact between Parramatta City Council and the wider community.

(c) That the Parramatta City Goodwill Ambassadors Programme be used to promote the City of Parramatta and the city’s particular culture.

(d) That the Parramatta City Goodwill Ambassadors Programme be used to generate economic growth by attracting leaders in a range of fields, to partner with Parramatta City Council in showcasing our city.

(e) That the Parramatta City Goodwill Ambassadors Programme focus on knowledge, research and innovation as integral parts of our marketing strategy to attract investment and further support tourism growth.

(f) That the first person to be invited to become a Parramatta City Goodwill Ambassador be Mr Nathan Brake; a young, local student and entertainer who is presently a finalist on Australian Idol.

(g) Further, that a report, at the Lord Mayor's discretion, be provided on the criteria and methodology for the appointment of ambassadors.

PRESENTATION

Mr Nathan Brake attended the meeting after Item 12.1 and received a presentation from the Lord Mayor in relation to this issue.

Mr Brake suitably responded to the presentation.

SUBJECT The introduction of an “eParra Strategy” which will seek to have Parramatta established as a “wireless City” utilising Wi-Fi Technology (Wireless Fidelity Technology)

REFERENCE F2008/02761

FROM The Lord Mayor, Councillor P J Garrard

11039

RESOLVED (Garrard/Maitra)

(a) That Council investigate the introduction of an “eParra Strategy” which will seek to have Parramatta established as a ‘Wireless City’, utilising Wi-Fi Technology (Wireless Fidelity Technology).

(b) That the CEO in reporting to Council upon the feasibility of such a project, comment upon the return on investment that Council can realise from technology deployment, and that in developing the report, particular attention as to how a future network and its applications may boost the city’s revenues, improve efficiency, cut communication costs and maximise public safety.

(c) That detailed investigation proceeds as to how such a strategy can work in the best interests of the wider Parramatta area with Council seeking to indentify appropriate partnerships with interested providers.

(d) That in the investigation of any future proposal, comment be sought upon the establishment of a pilot project to trial a number of services for residents and businesses to assess whether it is feasible technically and financially.

(e) Further, that Council seek comment from the business community regarding such a strategy and that the CEO included these comments in his report to Council.

NOTE: Councillor A Wilson requested that his name be recorded as having voted against this decision.

SUBJECT Thank Council Staff for Supporting the Parramatta Eels following their semi-final victory over the Canterbury – Bankstown Bulldogs and the post- Grand Final celebrations

REFERENCE F2008/00400

FROM The Lord Mayor, Councillor P J Garrard

11040

RESOLVED (Garrard/Wilson)

That Council thank and acknowledge Council staff for supporting the Parramatta Eels following their victory over the Canterbury-Bankstown Bulldogs and the post Grand Final celebrations, in particular; City Services, Executive Support, Major Events, Communications and Marketing, the Depot, the Economic Development unit and Council Security staff.

PETITIONS

SUBJECT Support for R4 Zoning for Block Bounded by Blaxcell, John & Louis Streets and The Avenue, Granville

REFERENCE F2006/01198

FROM Y B Melhem and others

11041

RESOLVED (Issa/Lloyd)

That the petition be received and referred to Land Use and Transport Planning to investigate and for possible inclusion in the next draft exhibition.

Rescission Motions

7.1

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

REFERENCE F2004/06854 - D01319263

FROM Councillors J Chedid, S D Lloyd and P Garrard.

NOTE: The Notice of Motion submitted to rescind this matter was withdrawn by Councillor J Chedid with the agreement of Councillors S Lloyd and P J Garrard.

Regulatory Reports

8.1

SUBJECT Variations to Standards under SEPP 1

REFERENCE F2009/00431 - D01318649

REPORT OF Manager Development Services

11042

RESOLVED (Issa/Bide)

That the report be received and noted.

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

11043

RESOLVED (Bide/Issa)

(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.

DIVISION The result being:

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

NOES None.

DEVELOPMENT APPLICATIONS TO BE ADOPTED WITHOUT DISCUSSION

11044 RESOLVED (Esber/Lim)

That Items 11.1, 11.2, 11.3 and 11.4 of Domestic Applications for the Council Meeting to be held on 12 October 2009 be adopted unanimously in accordance with the Officer’s recommendation.

DIVISION The result being:

NOES None.

11045 RESOLVED (Esber/Lim)

That Items 12.2 and 12.3 of Development Applications for the Council Meeting to be held on 12 October 2009 be adopted unanimously in accordance with the Officer’s recommendation.

DIVISION The result being:

NOES None.

Reports - Domestic Applications

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

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.

NOTE: This matter was adopted under Minute No 11044 - Council Matters To Be Adopted Without Discussion.

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

RECOMMENDATION

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.

NOTE: This matter was adopted under Minute No 11044 - Council Matters To Be Adopted Without Discussion.

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

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.

NOTE: This matter was adopted under Minute No 11044 - Council Matters To Be Adopted Without Discussion.

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

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.

NOTE: This matter was adopted under Minute No 11044 - Council Matters To Be Adopted Without Discussion.

Reports - Development Applications

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

11046

MOTION (McDermott/Wilson)

(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 Councillors 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.

AMENDMENT (Wearne/Bide)

(a) 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.

(b) Further, that the Hills Shire Council be contacted to ascertain the nature of that Council’s policy in relation to brothels.

The amendment was put and lost.

The motion was put and carried.

DIVISION The result being:

AYES The Lord Mayor, Councillor P J Garrard and Councillors J Chedid, P Esber, A Issa, OAM, C X Lim, S D Lloyd, M D McDermott and A A Wilson.

NOES Councillors P B Barber, A Bide, J D Finn, M Lack and P K Maitra and L E Wearne.

Note

A notice of motion to rescind this decision was submitted prior to the conclusion of the meeting.

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

RECOMMENDATION

(a) That Development Application 518/2009 for the construction of retaining walls 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) Further, that Council support the variation to Clause 47 of the PLEP 2001 under the provisions of SEPP 1.

NOTE: This matter was adopted under Minute No 11045 - Council Matters To Be Adopted Without Discussion.

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

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.

NOTE: This matter was adopted under Minute No 11045 - Council Matters To Be Adopted Without Discussion.

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

11047

RESOLVED (Esber/Wearne)

That consideration of this matter be deferred for one week.

DIVISION The result being:

AYES The Lord Mayor, Councillor P J Garrard, J Chedid, P Esber, J D Finn, C X Lim, S D Lloyd, M D McDermott, P K Maitra, L E Wearne and A A Wilson.

NOES Councillors P B Barber, A Bide, A Issa, OAM and M Lack.

Notices of Motion

13.1

SUBJECT Policies and Accountability Systems with Council

REFERENCE F2005/02435 - D01312392

FROM Councillor J Chedid

11048

RESOLVED (Issa/Bide)

(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.

NOTE:

1. During consideration of this matter (at 8.19pm) the Lord Mayor, Councillor P J Garrard left the meeting and the Deputy Lord Mayor, Councillor C X Lim assumed the Chair.

2. A notice of motion to rescind this decision was submitted prior to the conclusion of the meeting.

closed session

11049

RESOLVED (Barber/Lack)

Members of the press and public be excluded from the meeting of the Closed Session and access to the correspondence and reports relating to the items considered during the course of the Closed Session be withheld. This action is taken in accordance with Section 10A(2) of the Local Government Act, 1993 as the items listed come within the following provisions:-

1 Legal Matters Monthly Report to Council. (D01318653) - This report is confidential in accordance with section 10A (2) (g) of the Local Government act 1993 as the report contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

2 Council Advisory Committees . (D01319267) - 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.

NOTE: The Lord Mayor, Councillor P J Garrard returned to the meeting at 8.26 pm during consideration of Item 1 of Closed Session.

RESUMPTION OF MEETING

That the decisions of Closed Session be noted as follows:-

16.1

SUBJECT Legal Matters Monthly Report to Council

REFERENCE F2004/07898 - D01318653

REPORT OF Manager Development Services

11050

RESOLVED (Issa/Wearne)

That the report be received and noted.

16.2

SUBJECT Council Advisory Committees

REFERENCE F2007/00688 - D01319267

FROM Councillors A Bide, S D Lloyd and L E Wearne.

11051

MOTION (Bide/Lloyd)

That the resolution of the Regulatory Council Meeting held on 28 September 2009, regarding Council Advisory Committees, namely:-

“(a) That Council accept all applicants that met the selection criteria for membership of its Access, Aboriginal and Torres Strait Islander, Cycleways, Heritage and Community Advisory Committees and all committee members be required to abide by the Code of Conduct.

(b) That Council replace the Arts Advisory Committee with quarterly Arts Consultation Forums.

be and is hereby rescinded.

The motion was put and lost on the Lord Mayor’s casting vote.

RESCISSION MOTIONS

The Lord Mayor advised that the following rescission motions had been tabled during the meeting:-

1. A notice of motion to rescind Item 12.1 regarding the development application submitted in respect of 7 Cowper Street, Granville by Councillors Wearne, Bide and Finn.

2. A notice of motion to rescind Item 1 of Notices of Motion regarding policies and accountability systems within Council by Councillors Lloyd, Wilson and Bide.

The meeting terminated at 8.53 pm.

THIS PAGE AND THE PRECEDING 11 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON MONDAY, 12 OCTOBER 2009 AND CONFIRMED ON MONDAY, 19 OCTOBER 2009.

Lord Mayor