Agenda of Ordinary Council - 14 December 2009

NOTICE OF Council MEETING

The Meeting of Parramatta City Council will be held in the Council Chamber, Fourth Floor, 2 Civic Place, Parramatta on Monday, 14 December 2009 at 6:45pm.

The items listed hereunder are additional items to be considered on 14 December 2009.

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
Gregory Smith – 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

Ordinary Council	14 December 2009

TABLE OF CONTENTS

ITEM SUBJECT PAGE NO

7a Rescission Motions

7a.1 Community Emission Reductions under Carbon Pollution Reduction Scheme (CPRS)

Note: A Memorandum from Environmental Management Systems Coordinator will be provided under separate cover in relation to the matter.

8 Regulatory Reports

8.7 19 Brodie Street Rydalmere (Lot 180 DP 14244) (Elizabeth Macarthur Ward) (as listed on previously issued agenda).

8.8 49 Keeler Street, Carlingford
(Lot 14 DP 8181) (Lachlan Macquarie Ward)

Note:

Deferred from Council Meeting held on 7 December 2009 pending further information.

Manager of Development Services memorandum pertaining to this issue will be circulated under separate cover.

8.9 25 Calder Road, Rydalmere NSW 2116 (Lot 1 DP 21397) (Elizabeth Macarthur Ward)

Note:

......... Deferred from Council Meeting held on 7 December 2009 pending further information.

Manager of Development Services memorandum pertaining to this issue will be circulated under separate cover.

13 City Leadership and Management

13.8 Community Consultation on Possible Special Rates Variation…………………19

15 Closed Session

15.5 Report Required under section 339 of the Local Government Act 1993 in respect of contractual conditions of senior staff

Note: Distributed under separate cover.

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.

Ordinary Council 14 December 2009

Item 7a.1

RESCISSION MOTION

ITEM NUMBER 7a.1

SUBJECT Community Emission Reductions under Carbon Pollution Reduction Scheme (CPRS)

REFERENCE F2008/00542 - D01406132

REPORT OF Administration Officer

To be Moved by Councillor L E Wearne and seconded by Councillors A Bide and C X Lim

RECOMMENDATION

“That the resolution of the Ordinary Council Meeting held on 23 November 2009, regarding Community Emission Reductions under Carbon Polution Reduction Scheme (CPRS), namely:-

“(a) That Parramatta City Council write to the Prime Minister, the Minister for Climate Change, the Leaders of the Liberal Party, National Party and Australian Greens, Senator Steve Fielding and Senator Nick Xenaphon expressing Council’s concern that the proposed CPRS will not recognise voluntary action to reduce emissions by the community, councils and businesses outside the CPRS.

(b) Further, that the letter call on all parties to amend the CPRS legislation to ensure that voluntary actions that result in the abatement of greenhouse gases are considered as additional to mandatory emissions reduction targets and that CPRS permits are retired for every tonne of abatement from voluntary action.”

be and is hereby rescinded.”

Attachments:

1View

Previous Council Report

3 Pages

Ordinary Council	14 December 2009

Regulatory

14 December 2009

8.7 19 Brodie Street Rydalmere (Lot 180 DP 14244) (Elizabeth Macarthur Ward)

8.8 49 Keeler Street, Carlingford
(Lot 14 DP 8181) (Lachlan Macquarie Ward)

Note: 1. Council at its meeting held on 7 December 2009, in considering this matter resolved to defer this report pending further advice.

2. Manager of Development Services memorandum petaining to this issue will be circulated under separate cover.

8.9 25 Calder Road, Rydalmere NSW 2116 (Lot 1 DP 21397) (Elizabeth Macarthur Ward)

Note: 1. Council at its meeting held on 7 December 2009, in considering this matter resolved to defer this report until questions raised in Public Forum have been answered.

2. Manager of Development Services memorandum petaining to this issue will be circulated under separate cover.

Ordinary Council 14 December 2009

Item 8.7

REGULATORY

ITEM NUMBER 8.7

SUBJECT 19 Brodie Street Rydalmere (Lot 180 DP 14244) (Elizabeth Macarthur Ward)

DESCRIPTION Increase the number of client service rooms and sex workers in an approved brothel from 2 to 3.

REFERENCE DA/512/2009 - Submitted 5 August 2009

APPLICANT/S Mr Xing Xing Wei

OWNERS Mr X X Wei & Ms C M Xu

REPORT OF Manager Development Services

REASON FOR REFERRAL TO COUNCIL

The application relates to a brothel.

EXECUTIVE SUMMARY

This application relates to a brothel at 19 Brodie Street Rydalmere that was approved by the Land and Environment Court. The application seeks approval to increase the number of client service rooms in the brothel from 2 to 3 and the number of sex workers from 2 to 3. Conversion of an existing waiting room into two waiting rooms is also proposed.

Three submissions were received objecting to the application.

On 4 November 2009 a class 1 appeal was lodged with the Land and Environment Court against Council’s deemed refusal of the application.

Council’s Strategic Crime and Corruption Officer has reviewed the application and recommended against approval of the application for the following reasons:

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

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

· 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.

In accordance with the directive issued by the CEO the application has been forwarded to an independent town planning consultant for review. The town planning consultant has provided the following advice:

I am of the opinion that the application is appropriate for approval and that the report should be altered to include the above specified changes. The increase in size of this brothel will not lead to a proliferation of brothels in the area or any significant detrimental impacts upon the area. Indeed, if the existing brothels expand in size, it is less likely that new brothels will occur in the area due to the competition.

The additional conditions that were recommended by the town planning consultant have been included in the attached Section 79C Assessment report.

The application achieves substantive compliance with Council’s planning controls including the requirements of Sydney Regional Environmental Plan No. 28 and the Policy for Sex Services and Restricted Premises. Accordingly DA/512/2009 is recommended for approval subject to the conditions in attachment 1.

RECOMMENDATION

(a) That Council as the consent authority grant a deferred commencement development consent to Development Application No. 512/2009 for internal alterations and the expansion of an existing brothel from 2 client service rooms and 2 sex workers to 3 client service rooms and 3 sex workers on land at 19 Brodie Street Rydalmere subject to the conditions of consent contained within attachment 1.

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

Jonathan Goodwill

Senior Development Assessment Officer

Attachments:

1View	Section 79C Assessment Report	34 Pages
2View	Locality Map	1 Page
3View	Plans and Elevations	5 Pages
4View	Comments from Strategic Crime and Corruption Officer	5 Pages
5View	Review by Kerry Gordon Town Planning Services	4 Pages

Ordinary Council 14 December 2009

Item 8.8

REGULATORY

ITEM NUMBER 8.8

SUBJECT 49 Keeler Street, Carlingford
(Lot 14 DP 8181) (Lachlan Macquarie Ward)

DESCRIPTION Demolition of existing structures, tree removal and construction of a 2 storey dwelling and front fence.

REFERENCE DA/428/2009 - 6 July 2009

APPLICANT/S Lifestyle Designer Homes Pty Ltd

OWNERS Mr J N Chen and Mrs W H Chen

REPORT OF Manager Development Services

REASON FOR REFERRAL TO COUNCIL

The application has been referred to Council as the application seeks a variation greater than 10% to the height control of Clause 39 of Local Environmental Plan 2001.

Council at its meeting held on 7 December 2009, in considering this matter resolved to defer this report pending further advice

EXECUTIVE SUMMARY

The application seeks approval for demolition of the exisitng structures, tree removal and the construction of a 2 storey dwelling and front fence.

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 dwelling will be three storeys in height which is greater than the 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.

One submission has been received.

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 dwelling is appropriately sited without impacting on the streetscape or adjoining properties. The non compliance with the height standard is a technical non compliance due to the definition of storey under PLEP 2001 which includes subfloor area greater than 1.2 metres above ground level. The non-compliance is a direct result of the higher than usual foundation area under the dwelling due to the sloping nature of the subject site.

Accordingly, the application is recommended for approval.

RECOMMENDATION

(a) That Development Application No 428/2009 for demolition of the exisitng structures, tree removal and the construction of a 2 storey dwelling and front fence at 49 Keeler Street, Carlingford be approved subject to the conditions of consent in Attachment 1 of this report.

(b) 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	31 Pages
2View	Location Map	1 Page
3View	Plans	5 Pages
4View	Confidential plans	3 Pages

REFERENCE MATERIAL

Ordinary Council 14 December 2009

Item 8.9

REGULATORY

ITEM NUMBER 8.9

SUBJECT 25 Calder Road, Rydalmere NSW 2116 (Lot 1 DP 21397) (Elizabeth Macarthur Ward)

DESCRIPTION Demolition, tree removal and construction of a 2 storey dual occupancy development.

REFERENCE DA/105/2009 - Submitted 4 March 2009

APPLICANT/S Mr M Ahumada

OWNERS Mr J H Cho

REPORT OF Manager Development Services

REASON FOR REFERRAL TO COUNCIL

The matter is referred to Council due to the number of submission received.

Council at its meeting held on 7 December 2009, in considering this matter resolved to defer this report until questions raised in Public Forum have been answered

EXECUTIVE SUMMARY

Development Application DA/105/2009 seeks approval for the demolition, tree removal and construction of a 2 storey dual occupancy development.

Twenty-two submissions have been received in response to this development application raising issues regarding building height, floor space ratio, side setbacks, privacy and overlooking, asbestos removal, obstruction of views, tree removal, garage width, incomplete documents, bulk and scale, streetscape and character of the area, insufficient carparking, front fence, overshadowing, unamended plans, identification of plans, and amended landscape plan.

Subject to conditions of consent, the proposal is considered to be acceptable as it is consistent with the aims and objectives of Parramatta Local Environmental Plan 2001 and Parramatta Development Control Plan 2005. Accordingly, the application is recommended for approval.

RECOMMENDATION

(a) That Council as the consent authority grant development consent to Development Application No. 105/2009 for the for the demolition, tree removal and construction of a 2 storey dual occupancy development on land at No. 25 Calder Road, Rydalmere 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.

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

Sophia Chin

Development Assessment Officer

Attachments:

1View	Section 79C Assessment Report	48 Pages
2View	Locality Map	1 Page
3View	Plans and Elevations	8 Pages
4View	Confidential Plans	4 Pages

Ordinary Council 14 December 2009

Item 13.8

CITY LEADERSHIP AND MANAGEMENT

ITEM NUMBER 13.8

SUBJECT Community Consultation on Possible Special Rates Variation

REFERENCE F2009/02419 - D01407629

REPORT OF Manager - Finance

PURPOSE:

To seek endorsement to enable Council to undertake preliminary work on assessing community views on the continuation of Special Rates which are expiring and any potential application for a general variation. To also advise council that the Department of Local Government requires advice on any intention to apply for a special variation to rates by late January. However, this intention is non-binding and Council can later decide to not apply if it so chooses.

RECOMMENDATION

(a) That Council endorse preliminary work on assessing community views on the continuation of expiring Special Rates and other rating options.

(b) That Council note that the Department of Local Government is likely to require early notification of an intention to apply for a Special Variation.

BACKGROUND

1. In 2000/01 the Minister for Local Government approved a special rates variation to fund economic development and infrastructure works. That approval expires at the end of this financial year and Council must re-apply if it wishes to continue this special variation. In 2009/10 this variation provided funds for the following purposes:

a. CBD Infrastructure $1.7M

b. Suburban Infrastructure $0.1M

c. Economic development $0.6M

2. This revenue is currently raised by special rates levied predominantly on business ratepayers with the funds expended on works and services that will benefit those ratepayers. The program of works being funded by these special rates is ongoing with much still to be done; therefore an application for the continuation of the special rate variation is recommended.

3. Council has developed a Resource Strategy (Long Term Financial Plan), in accordance with the new Integrated Planning legislation that incorporates a number of “Gap closing strategies” to address long term financial sustainability. Included are both expenditure and revenue strategies and Council has recently made some decisions which will result in significant on-going expenditure savings. A rating strategy is also part of this plan, which includes the continuation of expiring special rates and an additional general increase.

4. Despite the initiatives in the 2009/10 Budget that reduced recurrent expenditures by around $7m, the current forecasts still show that there is a gap between expenditure and revenue unless additional initiatives are taken.

5. See below Attachment 1 ( Closing the Gap)

6. Council is required to consult widely with the community and ratepayers before seeking a variation to rates. Such consultation will be an important input into the program of works to be funded. This needs to commence early in the new year.

ISSUES/OPTIONS/CONSEQUENCES

7. Council has been advised by the Department of Local Government that procedures for applying for special variations to rates income are being reviewed in line with the requirements of the new Integrated Planning legislation. These requirements and a desire by the Department to resolve applications for special variations as soon as possible, have resulted in a proposed deadline of 29 January for Councils to submit an intention to apply for a special rates variation, with Council able to make the final decision whether to submit an application or not by 30 April 2010.

“ The Gap”

CONSULTATION & TIMING

8. During October and November Councillors took part in three strategic planning sessions at which the need to address the Council’s long term financial sustainability was considered.

9. Consultation with the community will commence early in 2010 and will conclude with the 4 Year Delivery Program (Management Plan) exhibition period.

FINANCIAL IMPLICATION FOR COUNCIL

The financial implications are discussed above.

Jenny Fett

Finance Manager

Attachments:

1View

CLOSING THE GAP

1 Page

REFERENCE MATERIAL