Minutes of Regulatory Council

MINUTES OF THE Meeting of Parramatta City Council HELD IN THE Council Chambers, CIVIC PLACE, PARRAMATTA ON Monday, 9 November 2009 AT 6:45 pm

PRESENT

The Lord Mayor, Councillor P J Garrard, in the Chair and Councillors P B Barber, A Bide, J Chedid, G J Elmore, P Esber, 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.

WELCOME TO NEW GROUP MANAGER CORPORATE SERVICES

The Lord Mayor welcomed Council’s new Group Manager Corporate Services, Greg Smith, to the Chamber.

MINUTES

SUBJECT Minutes of the Ordinary Council Meeting held on 19 October 2009

11084

RESOLVED (Barber/Esber)

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

APOLOGIES

11085 RESOLVED (Esber/Maitra)

That an apology be received and accepted for the absence of Councillor J D Finn.

DECLARATIONS OF INTEREST

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

LORD MAYOR MINUTES

SUBJECT Property Development and Investment Strategy

REFERENCE F2008/00400

FROM The Lord Mayor Councillor P J Garrard

11086

RESOLVED (Garrard/Lim)

(a) That a Property Development and Investment Strategy be prepared for Council, which reviews Council’s existing property portfolio, identifies strategic sites, evaluates the redevelopment opportunities and makes recommendations which contribute towards maximising Council’s long term financial sustainability.

(b) Further, that this issue be listed as an item on the agenda for the Councillor Strategic Workshop to be held prior to the end of the year.

SUBJECT Development of a Major Multi-faceted Festival of South Asian Culture for Parramatta

REFERENCE F2008/00400

FROM The Lord Mayor Councillor P J Garrard

11087

resolved (Garrard/Maitra)

(a) That Council approach Events NSW regarding the feasibility of a major multi-faceted festival of South Asian culture that could be hosted in Parramatta, with the strategic objectives of driving business and tourism.

(b) That Council seek to have Events NSW include the following elements in any future scoping:

1 Cultural elements – theatre, visual arts, music, crafts and fashion;

2 Film;

3 Sport;

4 Popular elements – markets, parades, concerts, food.

1 Economic Impact – a trigger for visitation to Parramatta;

2 Strategic Marketing – wide recognition for Parramatta;

3 Community Engagement – participation and identity.

Public Forum

SUBJECT Support for DA/258/2008 for 86 Tintern Avenue, Telopea

REFERENCE DA/258/2008 - D01349541

FROM Ms Flossie Rutter

11088

STATEMENT

BY Ms Flossie Rutter (as tabled prior to meeting):-

“My Points to Council in regard to the development of 86 Tintern Ave, Telopea are as follows:-

1. Section 82A, our legal advice is that the application is substantially the same and the LEC will accept this.

2. Streetscape, Plans to conform to all requirements of the LEP.

3.DCP.

i) The Site does not comply at all points with the 24-metre width. As a corner site this requirement is not absolute and the application does conform to the LEC planning principals for width.

ii) Site consolidation: The adjacent sites can be developed in consolidation with sites fronting Tintern or under SEPP for affordable housing.

iii) The streetscape:- All vegetation to be retained and enhanced.

iv) Balconies can be removed if required.

v) There is no privacy intrusion into the adjacent house. The only unprotected window is a kitchen window which is screened by trees and fencing. Alternative exempt and complying houses would have no privacy screening requirements at all.

vi) There is level access for disabled access from Tintern Ave. Townhouse one can be an adaptable residence (also known as a universal house).

i) All Robert St trees are retained;

ii) Is not validated;

iii)Expert advice is contrary to concerns;

iv)Expert advice is contrary to concerns;

v) Expert advice is contrary to concerns.

5. Greater public interest.

i) Houses are high quality housing.

ii) In a metro in fill area with good transport.

iii) Good social and physical amenities such as schools and parks.

iv)Houses are six and seven star energy rating, with many additional environmental attributes.

v) Contained in plans are social and environmental features such as disabled access, universal house considerations, indoor-outdoor north facing living areas, water tanks and recycling, and bike storage in garage. We have had meetings with the sustainability officers, which included the discussion of including a large common area vegetable garden and we would welcome further discussion.

We would rather not waste everybody’s time or money in a court when a better solution may be found by further discussion.”

SUBJECT ATSI Advisory Committee Terms of Reference

REFERENCE F2005/01941

FROM Mr John Robertson

11089

QUESTIONS

BY Mr John Robertson (as tabled prior to meeting):-

“The Aboriginal and Torres Strait Islander (ATSI) Advisory Committee of Council has for many years had as part of its structure an Executive Committee. This has been included in numerous reviews of the Terms of Reference covering several years. However this structural component has not been included in the proposed Terms of Reference for the new Committee as endorsed by Council and is considered to have been an administrative oversight.

The draft terms of reference were not tabled at any ATSI Committee meeting prior to being referred to Council for endorsement. If they had have been, this oversight would have been identified and the current unusual action would not be necessary.

The proposed changes to the “Terms of Reference-ATSI Advisory Committee June 09” support and reinforce any general policy of Council. They compliment and strengthen the Core Terms by a specific change to the individual terms of reference. The proposal is that an additional Clause numbered 7 be added to the ATSI terms.

There is nothing within the proposed terms that has not already been included in previous terms or are agreed procedures.

The additional Clause simply allows matters of a culturally sensitive nature to be dealt with in a culturally appropriate way ie. by elected Aboriginal and Torres Strait members only.

I understand that this is a most unusual request; however the reason for bringing this matter to the Public Forum is that the first meeting of the new Committee is scheduled for Tuesday 24 November and it is hoped that the new Executive Committee would be elected that night. If this is not the case, assuming there will be no Committee meeting in December; any recommendations from the new Committee including this change could not be dealt with by Council until February.

Would Council therefore consider an amendment to the “Terms of Reference-ATSI Advisory Committee June 09” by the addition of the attached Clause 7?

7. Chairperson/Deputy Chairperson and Executive Committee

In addition to Core Terms of Reference Clause 6, the Aboriginal and Torres Strait Islander Advisory Committee has adopted additional structural and procedural components in an attempt to ensure that the business of the Advisory Committee is managed in a culturally sensitive way.

The Executive Committee mechanism allows for issues identified as culturally sensitive to be discussed and resolved according to cultural practice i.e. with only Aboriginal and Torres Strait Islander people present at the time of discussion.

7.1 The Advisory Committee will vote annually to determine its Chairperson, Deputy Chairperson and Executive Committee.

7.2 The Executive Committee will consist of seven (7) Aboriginal or Torres Strait Islander members elected from the Committee. The Chairperson and Deputy Chairperson will be elected from the members of the Executive.

7.3 The Chairperson will chair the entire meeting to ensure consistency.

7.4 If the Chairperson and Deputy Chairperson are absent from the meeting the Committee will nominate a Chairperson for the meeting.

7.5 Duties of the Chairperson or Deputy are to:

1 Chair meetings according to Council’s Code of Conduct, the Terms of Reference and Guidelines and meeting agenda

2 Liaise with the Council Officer Convening the Committee to determine the Agenda for each meeting

3 Facilitate the discussion of items on the agenda in a timely manner

4 Facilitate the moving of recommendations and voting by Committee members

5 Ensure all committee members have the opportunity to participate

7.6 The role of the Executive Committee is to discuss sensitive issues relating to local Aboriginal and Torres Strait Islanders when the Advisory Committee feels that it is inappropriate for a particular matter to be discussed and voted on by the Committee as a whole.

7.7 If at least five (5) members of the Advisory Committee believe a matter should be dealt with by the Executive, it will be referred to the Executive for decision.

7.8 When the Executive are to discuss a sensitive issue during the course of a normal meeting, non-executive members will be required to leave the room.

7.9 All decisions of the Executive arising from Sub-clauses 7.7 and 7.8 will be relayed to the Advisory Committee or the individual/s concerned as appropriate.

7.10 Where the behaviour of any committee member is of concern, the matter will be referred to the Executive in the first instance. If the matter cannot be satisfactorily resolved by the Executive, or if they consider it is sufficiently serious, the matter will be referred to the Chief Executive Officer of Council for appropriate action.”

RESPONSE

BY:- The Lord Mayor, Councillor P J Garrard:-

“Discussions were held with the local Land Council and Department of Local Government prior to the report being submitted to Council.

I wish to ensure that anything that is placed in Council’s policies are ticked off at the appropriate levels. Accordingly, I would rather address this issue after considering the necessary protocols.”

PETITIONS

SUBJECT Lackey Street , Merrylands - Request for Speed Control Measures

REFERENCE F2004/06609

FROM Mr Paul Sassine and others

11090

RESOLVED (Issa/Lim)

That the petition be received and referred to the appropriate officer for report including costing for the installation of a speed hump.

Regulatory Reports

7.1

SUBJECT Planning proposal for 'housekeeping' amendments to Parramatta City Centre Local Environmental Plan (LEP) 2007

REFERENCE F2009/01146 - D01337854

REPORT OF Project Officer

11091

MOTION (Bide/Chedid)

(a) That Council support, in principle, the submission from the Urban Task Force Australia.

(b) That the planning proposal as per attachment 1, be adopted by Council, with the exception of Item 2 regarding car parking, and forwarded to the Department of Planning for finalisation and making of the plan amendments.

(c) Further, that a report be submitted identifying issues of ambiguity and as raised by the Urban Task Force in relation to car parking.

AMENDMENT (Barber/Elmore)

(a) That Council reject the submission from the Urban Task Force Australia as it as at odds with Council’s Transport Study.

(b) Further, that the planning proposal as per attachment 1 be adopted by Council and forwarded to the Department of Planning for finalisation and making of the plan amendments.

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 A Bide, J Chedid, A Issa, OAM, C X Lim, S D Lloyd, M D McDermott, L E Wearne and A A Wilson.

NOES Councillors P B Barber, G J Elmore, P Esber, M Lack and P K Maitra.

7.2

SUBJECT Variations to Standards under SEPP 1

REFERENCE F2009/00431 - D01343536

REPORT OF Manager Development Services

11092

RESOLVED (Barber/Lack)

That the report be received and noted.

7.3

SUBJECT Director General's Requirements for Concept Plan and Part 3A Application for Telopea Urban Renewal Project

REFERENCE F2007/02152 - D01340331

REPORT OF Manager Land Use and Transport Planning

11093

RESOLVED (Esber/Bide)

(a) That Council endorse the preliminary submission made by Council staff as included in Attachment 10 subject to the inclusion in the submission that that there is no loss of the total area of green open space.

(b) That a report be prepared for Council’s consideration when the Concept plan and/or Part 3A application(s) is referred to Council for comment.

(c) That the Department of Planning be requested to conduct comprehensive consultation with residents of not only the affected area, but surrounding land. This should be meaningful consultation and include such processes as local meetings to ensure that local residents understand the plans proposed and are able to provide informed feedback. Housing NSW tenants should also be individually notified by the Department of Planning and it should not rely on HNSW to consult with its tenants.

(d) Further that the Minister be requested to focus upon the method of delivery of the public open space and community benefits envisaged by the plan.

Roads Paths Access and Flood Mitigation

8.1

SUBJECT Parramatta Traffic Committee meeting minutes held on 8 October 2009

REFERENCE F2008/05091 - D01336867

REPORT OF Manager Traffic and Transport

11094

RESOLVED (Esber/Wearne)

That the minutes of the Parramatta Traffic Committee meeting held on 8 October 2009 be adopted.

8.2

SUBJECT Traffic Engineering Advisory Group minutes held on 8 October 2009.

REFERENCE F2008/05098 - D01336878

REPORT OF Manager Traffic and Transport

11095

RESOLVED (Esber/Wearne)

That the minutes of the Traffic Engineering Advisory Group held on 8 October 2009 be adopted.

DEVELOPMENT APPLICATIONS TO BE ADOPTED WITHOUT DISCUSSION

11096 RESOLVED (Barber/Esber)

That Items 11.1, 11.2 and 11.3 Domestic Applications and Items 12.2, 12.7 and 12.8 for the Council Meeting to be held on 9 November 2009 be adopted unanimously in accordance with the Officer’s Recommendation.

DIVISION The result being:

AYES The Lord Mayor, Councillor P J Garrard and Councillors P B Barber, A Bide, J Chedid, G J Elmore, P Esber, 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.

Reports - Domestic Applications

11.1

SUBJECT Part of Market Street road reserve and Lot 1 DP 724837, Prince Alfred Park (Pk 15) 353D Church Street, PARRAMATTA, NSW 2150 (Arthur Phillip Ward)

DESCRIPTION Use of Prince Alfred Park and closure of Market Street for New Years Eve and Burramatta Fun Day events to be held on 31 December 2009, 2010 and 2011 and the first Sunday in July 2010, 2011 and 2012.

REFERENCE DA/597/2009 - 1 September 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/597/2009 for a community New Years Eve event to be held on 31 December in 2009, 2010 and 2011 and a community Burramatta Fun Day event to be held on the first Sunday in July in 2010, 2011 and 2012 on part of Market Street and land at 353D Church Street, Parramatta, as shown on the approved plans, subject to the recommended conditions in Attachment 1.

NOTE: This matter was adopted under Minute No 11096- Council Matters To Be Adopted Without Discussion.

11.2

SUBJECT 10A Owen Street, Wentworthville
(Lot 1 DP 854863) (Arthur Phillip Ward)

DESCRIPTION Demolition, tree removal and construction of a 2 storey dwelling house (Location Map - Attachment 3)

REFERENCE DA/552/2009 - Submitted 18 August 2009

APPLICANT/S Mr M Makhoul

OWNERS Mr H Hazzouri & Mrs L Hazzouri

REPORT OF Manager Development Services

RECOMMENDATION

(a) That Council support the variation to Clause 38(1)(b) of Parramatta Local Environmental Plan 2001 under the provisions of SEPP 1.

(b) That Development Application No 552/2009 for demolition, tree removal and the construction of a 2 storey dwelling house at 10A Owen Street, Wentworthville be approved subject to the conditions of consent in Attachment 1 of this report.

(c) Further, that the person who objected to the development application be advised of the determination of the application.

NOTE: This matter was adopted under Minute No 11096 - Council Matters To Be Adopted Without Discussion.

11.3

SUBJECT 292 Church Street, Parramatta
(Lot 100 DP 803945) (Arthur Phillip Ward)

DESCRIPTION To regulate the use of a portion of level 1 of the premises as a pole dancing fitness training centre. (Location Map - Attachment 2)

REFERENCE DA/209/2009 - Submitted 6 April 2009

APPLICANT/S Miss Suzie Q Pty Ltd

OWNERS Mr R J Scarf & Mr M J Scarf

REPORT OF Manager Development Services

RECOMMENDATION

That Development Application 209/2009 to regulate the use of a portion of level 1 of 292 Church Street, Parramatta as a pole dancing fitness training centre be approved subject to the conditions of consent in Attachment 1.

NOTE: This matter was adopted under Minute No 11096 - Council Matters To Be Adopted Without Discussion.

Reports - Development Applications

12.1

SUBJECT Section 82A Review - 86 Tintern Avenue and 23B Robert Street Telopea (Lots 2 & 3 DP 1070878) (Elizabeth Macarthur Ward)

DESCRIPTION Demolition, tree removal and construction of a multi-unit housing development containing 6 townhouses over basement carparking with strata subdivision.

REFERENCE DA/258/2008 - Submitted 7 September 2009

APPLICANT/S Longhill Projects Pty Ltd

OWNERS Ms Anne McCusker

REPORT OF Manager Development Services

11097

RESOLVED (McDermott/Maitra)

(a) That Council as the consent authority uphold its previous decision and refuse to grant development consent to Development Application No. 258/2008 for the demolition, tree removal and construction of a multi-unit housing development containing 6 townhouses over basement carparking with strata subdivision, for the following reasons:

1. The application fails to satisfy the requirements of Section 82A of the Environmental Planning and Assessment Act as the amendments to the development result in a proposal that is not substantially the same as the proposal that was originally determined.

2. The development is inconsistent with the objectives (a), (b) and (c) of the Residential 2(b) zone under Parramatta Local Environmental Plan 2001. In particular:

(1)The proposed development will have detrimental impact on the streetscape and amenity of the residential area in the vicinity. The proposed buildings are set back only 3-5m from Robert Street and the presentation of the development is inconsistent and incompatible with the existing and desired future character of the area. The setback and separation between buildings is inconsistent with the spatial qualities of development in the locality and provides insufficient space for the planting of canopy trees consistent with the landscape setting of the area.

(2)The subject site is not suitable for multi-unit housing due to the allotment frontage failing to comply with the minimum requirement of 24m. The proposed setback from the northern boundary fails to achieve the 4.5m requirement specified by the DCP and the development would have an unacceptable visual and privacy impact on No. 84 Tintern Avenue.

3. The development is inconsistent with Parramatta Development Control Plan 2005, in particular:

(1) Section 3.1 “Preliminary Building Envelope”, as the site has a frontage of 16.5m to Tintern Avenue which is significantly less than the required minimum of 24m. The development also fails to satisfy the 4.5m side setback control which applies to developments which predominantly address side boundaries. The insufficient site frontage has resulted in an inadequate setback of 3-5m to Robert Street and 3.6m to the northern boundary shared with No. 84 Tintern Avenue.

(2) Section 4.1.11 “Site Consolidation and Development on Isolated Sites” as the development will result in creation of isolated sites that could not be developed in compliance with Parramatta DCP 2005. The requirements that documentary evidence be provided to demonstrate that a genuine and reasonable attempt has been made to purchase the isolated site(s) based on a fair market value and that the isolated site(s) could be developed in an orderly and economic manner by detailing an envelope with height, setback, resultant site coverage and relationship between the proposed development and isolated site(s) have not been satisfied.

(3) Section 4.2.1 “Streetscape”, as the development fails to provide an adequate building setback to Robert Street so as to be consistent with prevailing setbacks of adjacent buildings along Robert Street which are greater than 17m for the No. 23 Robert Street and 14m for No. 21 and No. 19 Robert Street.

(4) Section 4.2.4 “Building Facades and Articulation” as the proposed balconies facing Robert Street project more than 800mm into the front setback area. The balconies add unnecessary additional bulk to the development.

(5) Section 4.3.2 “Visual and Acoustic Privacy”, as the development will result in an unacceptable privacy impact on No. 84 Tintern Avenue. The first floor windows of the proposed units allow for a direct overlooking into No. 84 Tintern Avenue and the 1m shrubs proposed for the side boundary will not provide adequate privacy screening.

(6) Section 4.4.3 “Housing Diversity and Choice”, as the development does not provide dedicated disabled access from the visitor car parking spaces to the dwellings within the development.

4. The proposed landscaping and tree retention plan is considered inappropriate for the following reasons:

(1) The development fails to provide adequate deep soil zones on the Robert Street frontage for the planting of canopy trees consistent with the landscape character of the area.

(2) Tree/shrubs have been marked for retention despite proposed stormwater pipes and retaining walls impacting on the trees/shrubs.

(3) On site planting of canopy trees is unrealistic and unsustainable, for example the proposal includes the planting of 20m tall trees within planter boxes with a soil depth of only 500mm.

(4) The scale of screen planting to the northern boundary is unacceptable and will not provide an adequate visual buffer to the adjoining property.

(5) The application has not addressed the impact of the development on two trees located within No. 84 Tintern Avenue.

5. The proposal is not in the public interest.

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

DIVISION The result being:

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

NOES Councillor A Bide, and A Issa, OAM.

12.2

SUBJECT 57 High Street Parramatta (Lot 434 DP 786912) (Arthur Phillip Ward)

DESCRIPTION Alterations and additions to an approved 4 storey mixed use development, including an increase in the number of apartments from 22 to 28, revised floor layouts, decreased building height, increased building footprint and additional car parking.

REFERENCE DA/246/2009 - Submitted 22 April 2009

APPLICANT/S Geomech Developments Pty Ltd

OWNERS Geomech Developments Pty Ltd

REPORT OF Manager Development Services

RECOMMENDATION

(a) That Council support the variations to Clause 22C (Car Parking) and Clause 22D (Building Separation) of the Parramatta City Centre Local Environmental Plan 2007.

(b) That development application DA/246/2009 which seeks approval for alterations and additions to an approved 4 storey mixed use building, including an increase in the number of apartments from 22 to 28, revised floor layouts, decreased building height, increased building footprint and additional car parking, be approved subject to the conditions consent as outlined in Attachment 1 of this report.

NOTE: This matter was adopted under Minute No 11096 - Council Matters To Be Adopted Without Discussion.

12.3

SUBJECT 83 Wentworth Avenue, Wentworthville NSW 2145 (Lot 2 DP 329885) (Arthur Phillip Ward)

DESCRIPTION Demolition, alterations and additions and use of the premises as a Place of Public Worship. Approval is also sought for the construction of a carpark at the rear of the site and associated signage.

REFERENCE DA/442/2009 - Submitted 10 July 2009

APPLICANT/S Sydney Kalibari Inc

OWNERS Mr P Hatzis

REPORT OF Manager Development Services

11098

MOTION (Bide/Wearne)

That Council grant consent to Development Application No. 422/2009 for the demolition, alterations and additions and use of the existing warehouse building as a Place of Public Worship and construction of a carpark at the rear of the site and associated signage on land at 83 Wentworth Avenue, Wentworthville as shown on approved plans, for a period of three years from the date of the Notice of Determination, subject to conditions of consent contained in Attachment 1 subject to the applicant redesigning the additional 6 car parking spaces off street effectively creating 14 off street parking spaces.

AMENDMENT (Maitra/Elmore)

The amendment was put and carried and on being put as the motion was lost.

Note

As the Chamber had not reached a definitive decision on this issue, the Lord Mayor advised that the application would be relisted for consideration on the Council Meeting to be held on 23 November 2009.

12.4

SUBJECT 2 Darcy Road Westmead (Lot 1 DP 1095407) (Arthur Phillip Ward)

DESCRIPTION Section 96(1A) application to modify Development Consent No. 853/2008. The modification includes amendment to condition 30 which requires a financial contribution under Section 94A of Environmental Planning and Assessment Act.

REFERENCE DA/853/2008/A - Submitted 10 September 2009

APPLICANT/S Catholic Education Office

OWNERS Trustees of Roman Catholic Church Diocese of Parramatta

REPORT OF Manager Development Services

11099

MOTION (Barber/Esber)

That the application to modify condition No. 30 of Development Consent No. 853/2008 be refused for the following reasons:

1. The proposed modification to condition No. 30 is contrary to the requirements of Council’s section 94A contributions plan as the development does not fall under a category of development that is exempt from the section 94A levy.

2. The proposed modification would set an undesirable precedent for all future development within the Parramatta Local Government Area that is subject to section 94A levies.

3. The proposed modification would undermine the integrity of Council’s section 94A contributions plan.

4. The proposed modification is not in the public interest.

AMENDMENT (Lim/Chedid)

(a) That consideration of this matter be deferred and advice be sought on how Council could allow this application and this type of applicant to stage the payment of their section 94A contributions over the completion of the building works on the basis that the proposal is for a new school.

(b) Further, that in the report requested in (b) above, advice be provided on the forgone section 94 contributions that Council would have received from the development of state schools under the Federal Government’s economic stimulus package.

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

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

DIVISION The result being:

AYES The Lord Mayor, Councillor P J Garrard and Councillors P B Barber, G J Elmore, P Esber, M Lack, P K Maitra and L E Wearne.

NOES Councillors A Bide, J Chedid, A Issa, OAM, C X Lim, S D Lloyd, M D McDermott and A A Wilson

Note

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

12.5

SUBJECT 12 Union Street Parramatta (Lot 21 DP 1182) (Arthur Phillip Ward)

DESCRIPTION Alterations to an approved two storey commercial building including changes to the external facade, addition of a first floor balcony and provision of 250m2 of office space to the ground floor.

REFERENCE DA/587/2009 - Submitted 28 August 2009

APPLICANT/S Australian Consultant Architects Pty Ltd

OWNERS C Chiha and J B Chiha and Bitar Investments Pty Limited, and 12 Union Street Pty Limited

REPORT OF Manager Development Services

11100

RESOLVED (Issa/Lim)

(a) That Council support the variation to Clause 22C (Car Parking) of the Parramatta City Centre Local Environmental Plan 2007.

(b That Council as the consent authority grant development consent to Development Application No. 587/2009 for the alterations to an approved two storey commercial building including changes to the external facade, addition of a first floor balcony and provision of 250m2 of office space to the ground floor on land at No. 12 Union Street Parramatta for a period of three (3) years from the date on the Notice of Determination subject to the conditions of consent outlined in attachment No. 1 of this report.

DIVISION The result being:

AYES The Lord Mayor, Councillor P J Garrard and Councillors P B Barber, A Bide, G J Elmore, P Esber, A Issa, OAM, M Lack, C X Lim, S D Lloyd, P K Maitra and M D McDermott.

NOES Councillors J Chedid, L E Wearne and A A Wilson.

NOTE: Due to the presence of interested public gallery members, this matter was brought forward and considered prior to Item 12.4.

ADJOURNMENT OF MEETING

In accordance with Council's decision of 23 October 2000 (Minute No 5712) the meeting adjourned at 8.35 pm for a period of 12 minutes.

RESUMPTION OF MEETING

The meeting resumed in the Council Chamber at 8.47 pm, there being in attendance The Lord Mayor, Councillor P J Garrard and Councillors P B Barber, A Bide, G Elmore, P Esber, A Issa, OAM, M Lack, C X Lim, S Lloyd, P Maitra, M McDermott, L E Wearne and A A Wilson.

12.6

SUBJECT 182 Windsor Road, Winston Hills (LOT 2 DP 540754) (Caroline Chisholm Ward)

DESCRIPTION Section 96(2) modification to an approved 80 place childcare centre. It is proposed to modify condition No.62 to delete the requirement to provide a sliplane.

REFERENCE DA/1384/2004/A - 26 June 2009

APPLICANT/S Mr D C Wilson

OWNERS Mrs M R Wilson and MR D C Wilson

REPORT OF Manager Development Services

11101

RESOLVED (Esber/Maitra)

That Council as the consent authority, modify Development Consent No. 1384/2004 in the following manner:

‘The design requirements of the central concrete median island and driveway shall be in accordance with the RTA Road Design Guide and other Australian Codes of Practice. The certified copies of the design plans shall be submitted to the RTA for consideration and approval prior to the release of the construction certificate by Council and commencement of road works. The developer shall be responsible for all public utility adjustment/relocation works, necessitated by the above work and as required by the various public utility authorities and/or their agents. The RTA fees for administration, plan checking, civil works inspections and project management shall be paid by the developer prior to the release of the approved road design plans. In addition to the above, the applicant may be required to enter in to a “Works Authorisation Deed' with the RTA.

Reason: To comply with RTA requirements.’

DIVISION The result being:

AYES The Lord Mayor, Councillor P J Garrard and Councillors G J Elmore, P Esber, A Issa, OAM, M Lack, C X Lim, S D Lloyd, P K Maitra and M D McDermott.

NOES Councillors P B Barber, A Bide, L E Wearne and A A Wilson.

12.7

SUBJECT Boronia Park (Park 7) 37A Bridge Street, EPPING NSW 2121 (Lot 7013 DP 1123441, Lot 2 DP 866176, Lot 44 DP 6385, Lot 7 DP 6229, Lot B DP 160976) (Lachlan Macquarie Ward) (Location map - Attachment 2)

DESCRIPTION Use of Boronia Park on Sunday 13 December 2009 for a "Carols in the Park" event to be run as a community event by the combined churches of Epping and Carlingford and the Epping Rotary Club

REFERENCE DA/657/2009 - Submitted 24 September 2009

APPLICANT/S Combined Churches Community Carols

OWNERS Department of Lands

REPORT OF Manager Development Services

RECOMMENDATION

(a) That Council as the consent authority, grant development consent to Development Application No. DA/657/2009 for the use of part of Boronia Park for a “Carols in the Park” community event on 13 December 2009 on land at 37A Bridge Street, Epping, as shown on the approved plans, subject to the recommended conditions contained in Attachment 1.

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

NOTE: This matter was adopted under Minute No 11096- Council Matters To Be Adopted Without Discussion.

12.8

SUBJECT 41 Onslow Street, Granville NSW 2142 (Lot 3 DP 128510) (Elizabeth Macarthur Ward)

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

REFERENCE DA/555/2009 - Submitted 19 August 2009

APPLICANT/S Oakworth Developments

OWNERS Mrs N N Pomery

REPORT OF Manager Development Services

RECOMMENDATION

(a) That Development Application No. 555/2009 for the demolition, tree removal and construction of a 2 storey dwelling at 41 Onslow Street, Granville 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 11096- Council Matters To Be Adopted Without Discussion.

12.9

SUBJECT 45 George Street Clyde (Lot 19 DP 612994) (Elizabeth Macarthur Ward)

DESCRIPTION Occupation of existing premises as a brothel and associated outcall/escort services. The proposed hours of operation being 24 hours/7days a week and a maximum of 16 sex workers.

REFERENCE DA/484/2009 - Submitted 27 July 2009

APPLICANT/S John Boers Consulting

OWNERS Smartspace Consultants Pty Ltd

REPORT OF Manager Development Services

11102

RESOLVED (Issa/McDermott)

(a) That Council as the consent authority refuse development consent to Development Application No. 484/2009 for a brothel incorporating alterations and additions on land at 45 George Street Clyde for the following reasons:

1. The application fails to comply with clause 6 of SEPP 1 (Development Standards) as the SEPP 1 objection does not state that compliance with the development standard within clause 24 ‘Brothels’ of Parramatta LEP 2001 is unnecessary or unreasonable.

2. The application fails to satisfy objective (a) of the Employment 4 zone as it fails to provide an adequate number of suitably designed car spaces to cater for the likely demand for car parking in daytime periods.

3. The application fails to satisfy the requirements of part 4.1.4 ‘Water Management’ of Parramatta DCP 2005 as water conservation and re-use measures have not been incorporated into the design of the premises.

4. The design of the car park, the hours of operation and the proposed security measures fail to satisfy the requirements of part 4.4.2 ‘Safety and Security’ of Parramatta DCP 2005.

5. The application fails to satisfy the requirement of Part 4.3.5 ‘Waste Management’ as a waste management plan was not submitted with the application.

6. The application fails to satisfy the requirements of part 4.5.1 ‘Parking and Vehicular Access’ of Parramatta DCP 2005. The number of car spaces provided is inadequate and the design of the car park is unsafe and fails to achieve compliance with AS2890.1.

7. The application fails to comply with the requirements of Council’s Policy for Sex Services and Restricted Premises. The number of employees exceeds the maximum permitted, the hours of operation do not comply with the requirement that premises be closed between 2.00am and 7.00am, the proposed security measures are insufficient having regards to the proposed 24 hour operation, the number of suitably designed car spaces is insufficient and a car space has been placed directly in front of the pedestrian entrance to the premises which would comprise the safety of pedestrians.

8. The application is not in the public interest as it will contribute to creating a ‘red-light precinct’ and is likely to create and generate crime within the immediate area with an increased risk to the workers within the area becoming potential victims of crime.

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

DIVISION The result being:

AYES The Lord Mayor, Councillor P J Garrard and Councillors P B Barber, A Bide, G J Elmore, P Esber, 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.

12.10

SUBJECT 16 Muriel Avenue, Rydalmere (Lot 299 in DP 14244) (Elizabeth Macarthur Ward)

DESCRIPTION Change of use of a two storey industrial/ warehouse building to a brothel containing 16 client work rooms, 16 sex workers and operating 24 hours per day, 7 days per week.

REFERENCE DA/483/2009 - lodged 29th July, 2009

APPLICANT/S John Boers Consulting Pty Ltd

OWNERS Convert It Data Services

REPORT OF Manager Development Services

11103

RESOLVED (Issa/Wilson )

(a) That Development Application No. DA/483/2009 for the change of use of a two storey building at 16 Muriel Avenue, Rydalmere to a brothel be refused for the following reasons:

1. That the degree of information submitted with the development application is deficient in a number of areas, in particular:

· security of the premises;

· carparking;

· signage;

· external lighting, and

· compliance with, and an assessment against, the relevant criteria prescribed by Parramatta Council’s Regulation of Brothels Development Control Plan;

2. That the development application fails to adequately address Clause 79 of Sydney Regional Environmental Plan (Parramatta ) No.28 in relation to:

· Whether the operation of the brothel will be likely to cause a disturbance in the neighbourhood

3. That no parking and traffic study has been submitted with the development application and there is insufficient detail to be able to formulate a thorough assessment of the proposal.

4. The application fails to comply with the requirements of Council’s Policy for Sex Services and Restricted Premises. In this regard, the number of employees (18, inclusive of sex workers and support staff) exceeds the maximum permitted (10), the hours of operation do not comply with the requirement that premises be closed between 2.00am and 7.00am and the proposed security measures are insufficient having regard to the proposed 24 hour operation.

5. The proposed development is likely to create and generate crime within the immediate area.

6. The proposed development will in all likelihood substantially increase competition amongst the existing brothels within the area and further lead to extended soliciting by sex workers from these premises.

7. The proposed development will consolidate Rydalmere as a ‘red-light’ district.

8. There is an increased risk of workers within the area, particularly from Rheem Australia, becoming victims of crime.

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

10. There is a complete absence of any accredited risk assessment of this proposed development in accordance with Standard AS/NZS 4360.

11. That the proposed brothel is located within close proximity to the dwelling house at No. 10 Muriel Avenue, Rydalmere and that such proximity is unacceptable.

12. For the reasons raised by the objector.

13. That granting consent to the development application would not be in the public interest.

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

DIVISION The result being:

AYES The Lord Mayor, Councillor P J Garrard and Councillors P B Barber, A Bide, G J Elmore, P Esber, 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.

Notices of Motion

13.1	SUBJECT Naming of the new Pathway between Denham Place and Kissing Point Rd REFERENCE F2006/00231 - D01336481 REPORT OF Councillor M D McDermott
11104	MOTION (Bide/McDermott) (a) That Council name the recently upgraded pathway between Denham Place and Kissing Point Road, “Molly’s Way”, in historical recognition of Mrs Molly Denhan. (b) Further that Council provide wooden signage similar to the adjacent Vineyard Creek signage, on the Denham Place end of the reformed track and that staff liaise with local residents to determine the preferred placement of that signage. AMENDMENT (Barber/Elmore) That Council consult with the community prior to naming the pathway between Denham Place and Kissing Point Road as “Molly’s Way” in recognition of Molly Denhan. The amendment was put and lost. The motion was put and carried. NOTE: Councillor J Chedid returned to the meeting at 8.49 pm during consideration of this matter.
closed session
11105		RESOLVED (Esber/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. (D01338911) - 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 Tender 21/2009 - Parramatta Town Hall - Instillation of Air Conditioning to the Charles Byrne and First Floor Meeting Rooms and Associated Works. . (D01340343) - 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.

3 Urgent Legal Matters – 21 Daking Street, Parramatta - 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.

4 Urgent Legal Matter – 45 George Street, Clyde - 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.

5 Urgent Legal Matter – 32 Berry Street, Rydalmere - 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.

6 Urgent Legal Matter – 16 Muriel Street, Rydalmere - 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.

7 Urgent Legal Matter – 86 Tintern Avenue, Telopea - 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.

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 - D01338911

REPORT OF Manager Development Services

11106

RESOLVED (Lim/Esber)

That the report be received and noted.

16.2

SUBJECT Tender 21/2009 - Parramatta Town Hall - Installation of Air Conditioning to the Charles Byrne and First Floor Meeting Rooms and Associated Works.

REFERENCE F2009/01838 - D01340343

REPORT OF Supervisor Project Management. Also Memorandum dated 29 October 2009 from Manager City Assets and Environment

NOTE: The Rescission Motion was withdrawn by Councillor Esber with the agreement of his seconder, Councillor P K Maitra.

16.3

SUBJECT Urgent Legal Matters regarding 21 Daking Street, Parramatta

REFERENCE F2009/01946

FROM Legal Services Support Officer

11107

RESOLVED (Barber/Esber)

That Council endorse the acceptance of Draft Consent Orders for Land and Environment Court Proceedings 10522 of 2009

16.4

SUBJECT Urgent Legal Matters regarding 45 George Street, Clyde

REFERENCE F2009/02570

FROM Legal Services Support Officer

11108

RESOLVED (Barber/Esber)

That Council instruct Council’s solicitors to submit to the Court that the matter be set down for hearing at the callover of the matter on 12 November 2009

16.5

SUBJECT Urgent Legal Matters regarding 32 Berry Street, Clyde

REFERENCE F20096/02551

FROM Legal Services Support Officer

11109

RESOLVED (Barber/Esber)

That Council instruct Council’s solicitors to submit to the Court that the matter be set down for hearing at the callover of the matter on 11 November 2009

16.6

SUBJECT Urgent Legal Matters regarding 16 Muriel Street, Rydalmere

REFERENCE F2009/02569

FROM Legal Services Support Officer

11110

RESOLVED (Barber/Esber)

That Council instruct Council’s solicitors to submit to the Court that the matter be set down for hearing at the callover of the matter on 13 November 2009

16.7

SUBJECT Urgent Legal Matters regarding 86 Tintern Avenue, Telopea

REFERENCE F2009/02687

FROM Legal Services Support Officer

11111

RESOLVED (Barber/Esber)

That the report be received and noted

QUESTION TIME

SUBJECT Level of Support for Bush Care Groups

REFERENCE F2004/06082

FROM Councillor Mark Lack

11112

Councillor Lack requested a report on the level of support, including finance and other resourcing (including staff support), made available to bush care groups to enable those groups to perform their duties.

SUBJECT Benchmarking for Staff Turnover

REFERENCE F2009/02266

FROM Councillor Glenn Elmore

11113

Councillor Elmore requested a report which benchmarks the level of turnover for Parramatta City Council compared with other organisations of similar size.

Should Council’s level of turnover be in excess of the benchmarked figure, Councillor Elmore requested that the Chief Executive Officer devise strategies to address the issue.

SUBJECT Approval of Applications with Variations

REFERENCE F2008/04592

FROM Councillor Prabir Maitra

11114

Councillor Maitra sought advice on the amount of applications approved for dwelling houses by Council that had a variation of more than 30% to the site area and frontage.

SUBJECT Appreciation to Staff

REFERENCE F2004/07303

FROM Tony Issa OAM

11115

Councillor Issa expressed his appreciation to staff for their quick response times, especially in relation to issues in the Granville area.

SUBJECT Development Application - 17 Bridge Street, Rydalmere

REFERENCE DA/501/2004

FROM Councillor Chiang Lim

11116

Councillor Lim advised that a development application for 17 Bridge Street, Rydalmere had previously been deferred by Council and asked when the matter would again be referred to Council.

The Group Manager Outcomes and Development advised that comments on the application were being awaited from the Strategic Crime and Corruption Officer and added that the matter would be followed up.

SUBJECT Loy Krathong Festival

REFERENCE F2009/00276

FROM Councillor Andrew Wilson

11117

Councillor Wilson expressed his appreciation to staff for the holding of the successful Loy Krathong Festival.

SUBJECT Dog Waste Disposal Bags

REFERENCE F2005/00856

FROM Councillor Scott Lloyd

11118

Councillor Lloyd requested that appropriate action be taken to ensure that the disposal bags for dog waste which are located in Council’s reserves are regularly refilled.

SUBJECT Missing 'One Way' Signage - Horwood Place, Parramatta

REFERENCE F2004/07756

FROM Councillor Scott Lloyd

11119

Councillor Lloyd advised that a “One Way” sign was missing at the corner of George Street and Horwood Place when exiting Horwood Place and requested that the signage be replaced as a matter of urgency.

SUBJECT Garbage Bins in CBD

REFERENCE F2008/03631

FROM Councillor John Chedid

11120

Councillor Chedid advised that there seemed to be a lack of garbage bins in the CBD, especially around Macquarie Street, and requested that a report be provided on this issue.

SUBJECT LEP Sign Off

REFERENCE F2006/01198

FROM Councillor Lorraine Wearne

11121

Councillor Wearne requested an update on the LEP together with the issues raised by the Department of Planning which were preventing the LEP sign off.

The Group Manager Outcomes and Development advised that a report would be provided to Council on 23 November 2009.

SUBJECT Welcome to Community Crime Prevention Officer

REFERENCE F2008/04592

FROM The Lord Mayor, Councillor Paul Garrard

11122

The Lord Mayor welcomed Mr Robert Williams, the new Community Crime Prevention Officer, to Council.

RESCISSION MOTIONS

The Lord Mayor advised that a notice of motion to rescind Council’s decision in respect of item 12.4 regarding 2 Darcy Street, Westmead had been submitted by Councillors Lim, Issa and Chedid prior to the conclusion of the meeting.

The Lord Mayor ruled that the matter was not one of urgency and would be listed on the next appropriate Council Meeting for consideration.

The meeting terminated at 9.00 pm

THIS PAGE AND THE PRECEDING 26 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON MONDAY, 9 NOVEMBER 2009 AND CONFIRMED ON MONDAY, 23 NOVEMBER 2009.

Lord Mayor