MINUTES OF THE Meeting of Parramatta City Council HELD IN THE Council Chambers, CIVIC PLACE, PARRAMATTA ON Monday, 7 December 2009 AT 6:50 pm

PRESENT

The Lord Mayor, Councillor P J Garrard, in the Chair and Councillors A Bide, J Chedid, G J Elmore, 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 Ordinary Council Meeting held on 23                             November 2009
11154	RESOLVED       (Issa/Chedid) That the minutes be taken as read and be accepted as a true record of the meeting.

APOLOGIES

  11155      RESOLVED       (Finn/Esber)

That an apology be received and accepted for the absence of Councillor P B Barber.

DECLARATIONS OF INTEREST

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

PUBLIC FORUM

1

SUBJECT          Issues concerning Development Application lodged for                             25 Calder Road, Rydalmere REFERENCE    DA/105/2009 FROM                 Mr Bruce Berry

11156

“My questions arise from the assessment report for the DA at 25 Calder Road which is to be considered at tonight's meeting. They are also relevant to the processing of development applications in general. 1      How does Council justify its claims in the Assessment Report summary that there are only two issues and no variations? There are 22 issues, as verified by Council, not including those from the recent exhibition of amended plans. Why is there a distinction between an issue and a variation when most issues are about variations from policy? Side Setbacks 2       Why does the report mention that the required side setbacks for           dwellings are 900mm when we are talking about dual occupancies           which require 1.5m? 3       How can substantial setbacks in the neighbouring properties make           this a 'minor variation'? A 20% variation is not minor. 4       Would Council agree that the substantial setbacks next door greatly expose the excessive bulkiness of the building and the out     of character nature of it?  If not why not? Privacy and Overlooking           Amended plans were necessary. Council notified the residents and           exhibited some plans, but they were the original, unamended ones. 5       Does Council have a reasonable explanation for this and for the           fact that we were given no knowledge of the amended plans until           they appeared in the agenda papers for tonight? Incomplete Documents         The report agrees that Council accepted incomplete documents. It says "some" information was missing. The full list is :- no property details, no applicant details, no owner details except name, no digital requirements, no asbestos removal details, no gross floor area, omitted details from Statement of Environmental Effects, Council officer declaration  not filled in. Despite this, it was "considered" that the documents were satisfactory. 6       Why then, did Council contact the applicant to supply the missing           information and why weren't the complainants notified of the           completed documents, if received? 7       If it was not important to receive completed documents, why did           Council, in April 2009, introduce a policy to reject DA's that have           incomplete application forms and to refuse those where requested           information has not been provided? 8       How many DA's have been rejected or refused under this policy           since it was introduced in April. Floor Space Ratio, Bulk The applicant claimed that his FSR is 0.42:1, but he had excluded the floor area of the garages. The LEP says that only basement garages can be excluded. We complained to Council in March 09 about the inaccuracy of the FSR. But Council still seemed to be unaware of the problems until after our site meeting on 27 June 09 when "a further issue was identified with the plans, that being floor space ratio". Council expected the applicant to submit amended plans to address this issue. As of 15 September 09 the plans had not been submitted. 9       What was the FSR issue, were the amended plans submitted, and,           if so, why aren't they included with this assessment report?           The public are unable to accurately check floor space ratios           because floor plans are not made available to them. A site plan           must be used. It has no dimensions on it. This site plan shows that           the FSR could be more than 0.6:1, which is the maximum allowed.           Council says that the FSR is 0.49:1. 10     Taking into account that these discrepancies in FSR may not have           been revealed unless the public has indicated it, what is Council's           estimate of the percentage of DA's approved over the last 2 months with no variation from the applicant's FSR? 11     Why haven't I received a response to my request on how I can           obtain access to this policy? Views and Vistas           The report lists the types of views that are to be preserved. It includes urban skyline and natural corridors. 12     Can Council explain to the 6 affected property owners why their           views are being obstructed on these grounds? Identification of Plans           Most of the plans in the Notice of Determination have been revised.           No revision numbers or dates are shown on them. 13     Does Council agree that it is essential to clearly identify all plans to           avoid confusion, if not misuse, eg, the using of unapproved plans   by an ex-Council officer to justify tree removals? If not, why not? The report says that Council keeps electronic records of dates       when plans are received. How does this provide proper        safeguards? Would private certifiers and the public have access to         the record and how convenient would this be? 14     Council Management has suggested to me that applicants can           submit different sets of plans (all apparently unidentified) and can           later decide which ones are to be assessed. I find this amazing and           I again ask for an explanation. Building Height, Streetscape, Character of Neighbourhood Even though the height will be reduced, the building will still be more than 2 metres above both neighbouring buildings. It will be the most dominating building in Calder Road, apart from the units at the western end, and these are not in the 2(a) zone. No consideration has been given to lowering by excavation, as in the case of the townhouses next door. 15     Building height is best determined with a Section AA plan. Why           does Council allow these plans to be taken at higher ground levels           instead of at the lowest point from which the height is to be           measured? Overshadowing           I point out some errors in the report:- The windows affected in the           townhouse next door are not the south eastern; they are south           western. It is not the front yard that is affected, but the whole side setback.           Also:- The Eastern Elevation Plan is titled as the Western and vice           versa. 16     Would Council agree that this is another example of           maladministration and poor decision making?” RESPONSE By Ms Louise Kerr - Manager Development Services:- “Thank you Mr Berry for your statements and questions relating to this matter.  Due to the number of questions you have asked it is not possible for detailed responses to be provided during public forum.  Staff will prepare a written response to your questions.  This letter will be prepared by 16 December 2009.’’

1

SUBJECT          Dog off – Leash Area at Cowells Lane Reserve REFERENCE    F2005/00856 FROM                 Ms Kellie Roche

11157

“The entirety of Cowell’s Lane Reserve has been used by Parramatta City Council residents as an off-leash dog park for the last 40 years. Legislation was changed a few years ago to make just the Basin an off leash area. It was agreed not long thereafter between residents and council through the park committee that the whole park could again be used as an off leash park. Recently, around 1^st November 209 new signs were erected with satellite pictures of the park pinpointing that the only off leash area of the park is in the Basin. Problems: · Flooded for around 6 months of the year · Grass reaches thigh height as unable to be mowed due to   flooding · Ground rutted making it unsafe to walk · Sewer overflow making it unsafe to walk · Escalation of dog fights due to restricted area with the hundreds of dogs that come to this park · Not enclosed · No access for elderly/disabled due to sharp incline/swamp · Council has a responsibility to provide recreational facilities in             accordance with the needs of the council area residents and out of 135 parks in the Parramatta City Council only five (5) are off leash parks. Solution: · Whole park pass through legislation as off leash park · Fence BBQ area as playground area.” RESPONSE By Mr Tom O’Hanlon - Manager City Assets and Environment:- “In 1998 Council resolved to establish a dog off leash area at Cowells Lane Reserve. The Council report at that time stated ‘Cowells Lane Reserve has a basin which is situated in the southern area of the reserve. This area is suitable (as an off leash facility) due to the basin walls giving a natural enclosed effect’.  Over the years, it has become common practice to treat the whole of the reserve as an off leash area.  It appears that the signage installed in 1998 contributed to this confusion as it didn’t clearly show the designated area. More recently, new signs were installed which clearly show the designated area and this has led to some concern among dog owners (and other park users) who think Council has reduced the size of the off leash area. There appears to be a high level of acceptance of the use of the entire reserve as an off leash area, but to increase the designated area would require a new Council resolution. Council officers understand that a petition calling for this will be tabled immediately after this Public Forum. When the petition is tabled, Council will have the opportunity to consider and potentially resolve to expand the Dog Off Leash Area.”

PETITIONS

1	SUBJECT          Dog Off Leash Area - Cowells Lane Reserve REFERENCE    F2005/00856 FROM                 Ms K Roche and others
11158	RESOLVED      (Wilson/Esber) (a)      That the petition be received and noted. (b)      Further, that the designated dog off leash area at Cowells Lane Reserve be expanded to include the entire reserve, with the exception of the playground and BBQ areas, which will be fenced off to exclude entry of dogs. The cost of the fencing is to be funded from Lachlan Macquarie Urgent Ward Works Funds’.

2	SUBJECT          South Church Street, Parramatta - Parking Issues REFERENCE    F2004/07341 FROM                 L Su and others
11159	RESOLVED      (Finn/Maitra) That the petition be received and referred to the appropriate officer for consideration of each of the options as outlined in the petition and for subsequent report to Council. NOTE:     Councillors P Esber and A Wilson left the meeting at 7.10pm during consideration of this matter.

Regulatory Reports

7.1	SUBJECT          Variations to Standards under SEPP 1 REFERENCE    F2009/00431 - D01364175 REPORT OF      Manager Development Services
11160	RESOLVED       (Issa/Wearne) That the report be received and noted.

City Development

8.1

SUBJECT          Draft Parramatta Local Environmental Plan - Section 65 Certification REFERENCE    F2006/01198 - D01353024 REPORT OF      Senior Project Officer

11161

RESOLVED       (Wilson/Wearne) (a)      That Council note the Department of Planning’s conditions associated with the certification of the draft LEP as clarified by letter dated 11 November 2009 and amend the draft LEP accordingly. (b)      That as required by the Department of Planning, Council adopt an E3 Environmental Management zone for the former Moxham Quarry site at 166 Windsor Road Northmead for the public exhibition of the draft LEP. (c)       That following amendment of the draft LEP it be placed on public exhibition for a period of 6 weeks, excluding the December/ January holiday period and the exhibition proceed in the manner outlined in this report. (d)      That the Council owned land rezonings and reclassifications endorsed for inclusion in the draft LEP proceed as a separate planning proposal to amend the LEP as required by the Department of Planning. (e)      That Parramatta City Council express its dissatisfaction with the State Government for not listing the conservation area in Epping for consideration in the LEP. Parramatta City Council has clearly stated that these areas deserve proper listing in the LEP. Council would remind the State Government that these areas have been widely advertised to the local community for a number of years. Further the areas have been assessed by experts and are of significant cultural and historical importance to Parramatta and to Sydney. In addition, an appropriate notification be placed on Council’s website advising that this action was the State Government’s choice rather than Council’s. (f)        That Council remove any ambiguity of the planning controls on 181 James Ruse Drive to have the range of retailing allowed on the site to include ‘shops’ and to allow more than one supermarket, as permissible uses in the zone. (g)      That Council express its dissatisfaction with its proposed planning controls for the Louis Street block in Granville not being included. (h)       Further, that a report be prepared by Council officers exploring the ramifications of the E3 Open Space Zone particularly in relation to bushland areas. DIVISION   The result being: AYES           The Lord Mayor, Councillor P J Garrard and Councillors A Bide, J Chedid, G J Elmore, P Esber, J D Finn, M Lack, C X Lim, S D Lloyd, P K Maitra, M D McDermott, L E Wearne and A A Wilson. NOES          Councillor A Issa, OAM. NOTE:       Councillors P Esber and A Wilson returned to the  meeting during consideration of this matter at 7.12 pm.

City Leadership and Management

9.1

SUBJECT          50th Anniversary Floodplain Management Authorities                             Conference - Gosford - 23 - 26 February 2010 REFERENCE    F2004/06958 - D01361124 REPORT OF      Service Manager - Council Support

11162

RESOLVED       (Lim/Issa) (a)       That the Lord Mayor and  Councillors J Chedid and M Lack attend the 50^th Anniversary Floodplain Management Authorities Conference in Gosford from 23 - 26 February 2010. (b)       Further, that delegate registration, accommodation, travel and out-of-pocket expenses be deducted from account number 10.1260.712.644405 ‘Councillor Conferences’ which will be paid out of the $60,000 budget for the 2009/2010 financial year.

DEVELOPMENT APPLICATIONS TO BE ADOPTED WITHOUT DISCUSSION

11163        RESOLVED       (Esber/Lim)

That Items 12.2 and 12.4 of Domestic Applications and Items 13.4 and 13.7 of Development Applications as listed on the Council Meeting held on 7 December 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 A Bide, J Chedid, G J Elmore, 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.

COUNCIL MATTERS TO BE BROUGHT FORWARD

Due to the presence of interested persons in the gallery, Item 12.3 of Domestic Applications regarding 1 Horwood Place, Parramatta and Item 13.9 of Development Applications regarding 37 Midson Road, Eastwood were brought forward and considered at this point in the meeting.

Reports - Domestic Applications

12.1

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.

11164

MOTION              (Finn/Wilson) That consideration of this matter be deferred to the Council Meeting to be held on 14 December 2009 pending advice on:- 1.      Details on the amount of cut and fill in the previous plans; 2.      Is there access to the subfloor on the side where the extra height    is; 3.      Options for addressing the height exceedance and for   ensuring a 2 storey building at a lesser expense than constructing     a 350mm slab. AMENDMENT   (Issa) (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. (c)       Further, that the objector be advised of Council’s decision on the matter. The amendment lapsed through want of a seconder. That motion was put and carried. DIVISION   The result being: AYES           The Lord Mayor, Councillor P J Garrard and Councillors A Bide, J Chedid, G J Elmore, P Esber, J D Finn, M Lack, C X Lim, S D Lloyd, P K Maitra, M D McDermott, L E Wearne and A A Wilson. NOES        Councillor A Issa, OAM.

12.2

SUBJECT          1 Marist Place , Parramatta                             (Lot 1 DP 1034092) (Arthur Phillip Ward)  DESCRIPTION  Internal alterations to an existing place of public worship                             comprising refurbishment of the chapel including                             demolition of concrete stairs and suspended slab floor,                             internal render and painting, new lighting and a new                             ceiling. REFERENCE    DA/690/2009 - Submitted 8 October 2009 APPLICANT/S   Trustees Roman Catholic Church OWNERS           Trustees Roman Catholic Church REPORT OF      Manager Development Services REASON FOR REFERRAL TO COUNCIL                             The proposal involves works to a Place of Public                             Worship.

RECOMMENDATION (a)     That Development Application No. 690/2009 which seeks consent           for internal alterations to an existing place of public worship be           approved subject to the conditions of consent in Attachment 1 of           this report. (b)     Further, that objectors be advised of Council’s decision. NOTE:      This matter was adopted under Minute No 11163 -                              Council Matters To Be Adopted Without Discussion.

12.3

SUBJECT          1 Horwood Place, Parramatta NSW  2150                               (Lot 1 DP 628605) (Arthur Phillip Ward) DESCRIPTION  To fit out and use Shop 6  as a traditional Thai massage                             centre. Location Map - Attachment 3 REFERENCE    DA/601/2009 - Submitted 2 September 2009 APPLICANT/S   Arun Vishal Singh OWNERS           Mr L Wehbe REPORT OF      Manager Development Services REASON FOR REPORT TO COUNCIL                             The application is being referred to Council for                             determination as the application seeks approval for a                             massage centre.

11165

RESOLVED       (Finn/Lim) That Development Application 601/2009 to fitout and use Shop 6 as a traditional Thai massage centre on land at 1 Horwood Place, Parramatta be approved subject to the conditions of consent in Attachment 1 of this report. DIVISION   The result being: AYES           The Lord Mayor, Councillor P J Garrard and Councillors A Bide, J Chedid, G J Elmore, P Esber, J D Finn, A Issa, OAM, M Lack, C X Lim, S D Lloyd, P K Maitra, L E Wearne and A A Wilson. NOES        Councillor M D McDermott. Note Due to the presence of interested persons in the gallery, this matter was brought forward and considered during ‘Development Applications to be Brought Forward’.

12.4

SUBJECT          23 Lachlan Drive, Winston Hills                             (Lot 80 DP 270075) (Caroline Chisholm Ward) DESCRIPTION  Construction of two storey dwelling.                             Location Map - Attachment 4 REFERENCE    DA/708/2009 - Submitted 15 October 2009 APPLICANT/S   Home Team Constructions Pty Ltd OWNERS           Mr & Mrs Sridhar 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’ and Clause                             40 ‘Floor space ratios for development’ in Parramatta                             Local Environmental Plan 2001.

RECOMMENDATION (a)              That Council support the variation to Clause 38 and                                   Clause 40 of the PLEP 2001 under the provisions of SEPP 1. (b)              Further, that Development Application No. 708/2009 for the                     construction of a two storey dwelling on land at 23 Lachlan               Drive, Winston Hills be approved subject to conditions of                           consent in Attachment 1 of this report. NOTE:      This matter was adopted under Minute No 11163 -                              Council Matters To Be Adopted Without Discussion.

Reports - Development Applications

13.1

SUBJECT          Further Report: 17 - 19 Bridge Street Rydalmere (Lot 48                             DP 14244 & Lot 47 DP 14244) DESCRIPTION  Section 96 (1a) modification to an approved health,                             recreation and social centre for males (restricted                             premises) by installing a kitchen to facilitate the sale of                             pre packaged food to customers. REFERENCE    DA/501/2004/A - Submitted 22 January 2009 APPLICANT/S   MC Pty Ltd OWNERS           Camelot Distributors Pty Ltd REPORT OF      Manager Development Services REASON FOR REFERRAL TO COUNCIL                             The application has been referred to Council for                             determination as the use is a restricted premise.

11166

RESOLVED       (Lim/Finn) That Council as the consent authority, refuse  to grant consent to DA/501/2004/A for modification to an approved health, recreation and social centre for males (restricted premises) by installing a kitchen to facilitate the sale of pre packages food to customers based on the following reason grounds: 1.           The health, recreation and social centre for males no longer resembles the approved use and floor layout under DA/501/2004, which has been identified in an inspection by Council Development Control Team on 29 February 2008. Therefore any further expansion to the use, given the applicants lack of commitment to Development Consent DA/501/2004, would create uncertainty to the use and intensification. DIVISION   The result being: AYES           The Lord Mayor, Councillor P J Garrard and Councillors J Chedid, G J Elmore, P Esber, J D Finn, A Issa, OAM, M Lack, C X Lim, S D Lloyd, P K Maitra, M D McDermott and L E Wearne. NOES          Councillors A Bide and A Wilson.

13.2

SUBJECT          562-564 Victoria Road, Ermington (Lots 72-78/80 DP 15173)                             (Elizabeth Macarthur Ward)

DESCRIPTION  Section 96 (2) modification to an approved service station.                             Modifications include enclosure of the garbage area, creation of                             a new storage area and limiting the operating hours of the                             Stanley Lane crossover between midnight and 7:00am, 7 days                             a week.

REFERENCE    DA/1006/2007/A - Submitted 26 August 2009

APPLICANT/S   Caltex Petroleum (Aust) Pty Ltd

OWNERS           Caltex Oil (Australia) Pty Ltd

REPORT OF      Manager Development Services

REASON FOR REFERRAL TO COUNCIL

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

11167

RESOLVED       (Esber/Wilson)

(a)     That Council as the consent authority modify Development Consent No.           1006/2007 under the provisions of Section 96(2) of the Environmental           Planning and Assessment Act in the following manner:

1.                           Modify condition No. 1 as follows:

1.      The development is to be carried out in accordance with the following           plans and documentation listed below and endorsed with Council’s stamp,           except where amended by other conditions of this consent:

Drawing N^0	Dated
Site Plan for 560-562 Victoria Road, Ermington Revision H	16 March 2009
Floor Plan for 560-562 Victoria Road, Ermington Revision E	28 October 2008
West and South Elevation Plan for 560-562 Victoria Road, Ermington Revision D	9 March 2009
East and North Elevation Plan for 560-562 Victoria Road, Ermington Revision D	9 March 2009

Reason:     To ensure the work is carried out in accordance with the approved plans.

2.                     Add the following condition No. 111:

“111.The vehicular access and egress points at the northern side of the site fronting Stanley Lane may only be used between the hours of 7am and midnight on a daily basis. Boom gate(s) shall be provided across the driveway crossings to ensure vehicular access/egress may not be provided between midnight and 7am the following day, except in case of an emergency.”

(b)     Further that the head petitioner be advised of Council’s decision.

DIVISION   The result being:

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

13.3

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                             submissions received.

11168

RESOLVED       (McDermott/Chedid) That consideration of this matter be deferred until a response is provided to the questions raised in the Public Forum questions as raised by Mr Berry, such response to be provided specifically in order of the questions raised. DIVISION   The result being: AYES           The Lord Mayor, Councillor P J Garrard and Councillors A Bide, J Chedid, G J Elmore, 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.

13.4

SUBJECT          1/21 George Street, Parramatta                             (Lot 1 SP 16099) (Arthur Philip Ward) DESCRIPTION  Extension of existing chinese medical centre to occupy                             whole of Unit 1 and to include 2 consultation rooms and                             2 acupuncture rooms with hours of operation being                             9.00am to 6.00pm Monday to Saturday. REFERENCE    DA/577/2009 - 25 August 2009 APPLICANT/S   On Hong Ling Chinese Medical Centre OWNERS           Y L Pty Limited REPORT OF      Manager Development Services REASON FOR REFERRAL TO COUNCIL                             The application has been referred to Council as the                             proposal involves a Chinese Medical Clinic.

RECOMMENDATION That Development Application 577/2009 for the extension to the existing Chinese Medical Centre be approved subject to the conditions of consent in Attachment 1 of this report. NOTE:      This matter was adopted under Minute No 11163 -                              Council Matters To Be Adopted Without Discussion.

13.5

SUBJECT          Section 82A Review of Determination - No.s 6A and 8                             Lansdowne Street Parramatta (lot A DP 330620, Lot 1                             DP 10387) (Elizabeth Macarthur Ward)  DESCRIPTION  Demolition of two dwellings and associated structures                             within the South Parramatta Heritage Conservation Area REFERENCE    DA/513/2008 - 24 September 2009 APPLICANT/S   Mr T Maroun and Mr G Maroun OWNERS           Mr D Farrugia REPORT OF      Manager Development Services REASON FOR REPORT TO COUNCIL                             The application is referred to Council as it is a Section                             82A Review of Determination.

11169

RESOLVED       (McDermott/Maitra) (a)     That consideration of this matter be deferred pending a report on the occurrence of the following over the past 10 years:-           1.      Unauthorised demolition of heritage items or homes and                           structures within any Heritage Conservation Areas within the                    Parramatta LGA;           2.      Suspicious fires or suspected arson of heritage items or                           homes and structures within any Heritage Conservation                             Areas within the Parramatta LGA; (b)     Further, that the report mentioned in (a) above should list the           owners and the applicants and identify any patterns that may           require further investigation and also indicate whether any Fire           Brigade reports or insurance assessments are available together           with any other advice received from relevant authorities. DIVISION   The result being: AYES           Councillors A Bide, J Chedid, G J Elmore, 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          The Lord Mayor, Councillor P J Garrard.

13.6

SUBJECT          Shop 20, Greenway Arcade, 222 Church Street                             Parramatta (Lot 1 DP 702291) (Arthur Phillip Ward) DESCRIPTION  Alterations and change of use to a traditional Thai                             massage centre, with hours of operation being 10.00am                             to 9.00pm 7 days a week. REFERENCE    DA/649/2009 - Submitted 22 September 2009 APPLICANT/S   Design Effect Pty Ltd OWNERS           G & J Drivas Pty Ltd and Telado Pty Ltd REPORT OF      Manager Development Services REASON FOR REFERRAL TO COUNCIL                             The application is being referred to Council for                             determination as the application seeks approval for a                             massage centre.

11170

RESOLVED       (Finn/Lim) That development application No. 649-2009 for alterations and change of use of shop 20 to a Thai massage centre on land at 222 Church Street Parramatta be approved subject to the conditions of consent contained within attachment 1. DIVISION   The result being: AYES           The Lord Mayor, Councillor P J Garrard and Councillors A Bide, G J Elmore, J D Finn, M Lack, C X Lim, S D Lloyd, P K Maitra, L E Wearne and A A Wilson. NOES        Councillors J Chedid, P Esber, A Issa OAM and M                                     McDermott.

13.7

SUBJECT          Church Street South between Fitzwilliam and Campbell                             Street and Aird Street, PARRAMATTA, NSW 2150                             (Arthur Phillip Ward) (Location Map - Attachment 2) (For                             full legal description see attachment 4) DESCRIPTION  Use part of Church Street (between Fitzwilliam Street                             and Campbell Street) and Aird Street for a Council                             Lunar New Year celebration to be held on one Fridays in                             February over the next 3 years (2010-2012), with the                             first event to occur on 19 February 2010. REFERENCE    DA/599/2009 - 1 September 2009 APPLICANT/S   Parramatta City Council OWNERS           Parramatta City Council REPORT OF      Manager Development Services REASON FOR REFERRAL TO COUNCIL                             Council owned land.

RECOMMENDATION That Council as the consent authority, grant development consent to Development Application No. DA/599/2009 for a community Lunar New Years event to be held on one Friday night in February in 2010-2012 on part of Church Street (between Fitzwilliam Street and Campbell Street) and Aird Street, Parramatta as shown on the approved plans, subject to the recommended conditions contained in attachment 1. NOTE:     This matter was adopted under Minute No 11163 -                              Council Matters To Be Adopted Without Discussion.

13.8

SUBJECT          91 Blaxcell Street, Granville                             (Lot 1 DP 128854) (Woodville Ward) DESCRIPTION  Demolition of a fire damaged heritage listed dwelling                             and construction of a 2 storey attached dual occupancy                             development with Torrens title sibdivision. Approval is                             also sought for a front fence.  REFERENCE    DA/532/2009 - 11 August 2009 APPLICANT/S   B Habib OWNERS           B Habib REPORT OF      Manager Development Services  REASON FOR REFERRAL TO COUNCIL                             The application has been referred to Council as the                             proposal involves the demolition of a heritage item.

11171

MOTION              (Elmore/Esber) That the application be refused due to the overshadowing that will result for the premises at 93 Blaxcell Street, Granville. AMENDMENT (Issa/Bide) (a)       That Development Application No. 532/2009 for the demolition of             a fire damaged heritage and construction of a 2 storey attached             dual occupancy development with Torrens title sibdivision and a             front fence at 91 Blaxcell Street, Granville be approved subject to             the conditions of consent in Attachment 1 of this report. (b) Further, that the objectors be advised of Council’s decision. The amendment was put and lost. The motion put and carried. DIVISION   The result being: AYES           Councillors G J Elmore, P Esber, J D Finn, M Lack, P K Maitra, M D McDermott, L E Wearne and A A Wilson. NOES        The Lord Mayor, Councillor P J Garrard and Councillors A                Bide, J Chedid, A Issa, OAM, C X Lim and S D Lloyd. ,

13.9

SUBJECT          37 Midson Road, Eastwood (Lot 22 DP 286194)                             (Lachlan Macquarie Ward) DESCRIPTION  Construction of 12 semi - detached dwellings (6 pairs) on Lot 4 REFERENCE    DA/675/2009 - 30 September 2009 APPLICANT/S   AVJBOS Eastwood Developments Proprietary Limited OWNERS           AVJBOS Eastwood Developments Proprietary Limited REPORT OF      Manager Development Services. Also email dated 7                             December 2009 from Proust and Gardner. REASON FOR REFERRAL TO COUNCIL                             The application seeks variations to Clause 38(1)(b) –                             allotment size and frontage, Clause 39(1) – Height and                             Clause 40(1) – Floor Space Ratio controls contained                             within Parramatta Local Environmental Plan 2001 with   the variations being greater than 10%. A SEPP 1       Objection has been lodged with the application and is         considered acceptable.

11172

RESOLVED       (Wearne/Maitra) (a)     That Council support the variations to Clauses 38(1)(b)          –           allotment size and frontage, Clause 39 (1) – Height        and Clause           40(1) – Floor Space Ratio contained in Parramatta Local           Environmental Plan 2001. (b)     Further, that development application (DA675/2009) which seeks           approval for the construction of 12 semi-detached dwellings (6           pairs) on neighbouring Lot 4 be approved as outlined in Attachment           1 of the report subject to the following amendments:           1.      Deletion of the deferred commencement condition.           2.      Addition of the following condition of consent:-                    “The subdivision plan as referred to in DA/500/2009 is                     registered at the NSW Department of Lands prior to the                             issuing of the occupation certificate.”                                                                                                                                  2.                                                                                                                             DIVISION   The result being: AYES           The Lord Mayor, Councillor P J Garrard and Councillors A Bide, J Chedid, G J Elmore, 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. Note Due to the presence of interested persons in the gallery, this matter was brought forward and considered during ‘Development Applications to be Brought Forward’.

ADJOURNMENT OF MEETING

In accordance with Council's decision of 23 October 2000 (Minute No 5712) the meeting adjourned at 8.48  pm for a period of 12 minutes.

RESUMPTION OF MEETING

The meeting resumed in the Council Chamber at 9.02 pm, there being in attendance The Lord Mayor, Councillor P J Garrard and Councillors A Bide, J Chedid, G Elmore, P Esber, J D Finn, A Issa, OAM, M Lack, C X Lim, S Lloyd, P Maitra, M McDermott, L E Wearne and A A Wilson.

SUSPENSION OF STANDING ORDERS

11173        RESOLVED       (Chedid/McDermott)

That Standing Orders be suspended to enable consideration of urgent motions pertaining to Illegal Dumping, Naming of Amenities Building in Boronia Park, the Rejuvenation of Rydalmere, Demolition of Heritage Items and Congratulations to the Lord Mayor on the Lord Mayoral Christmas Party.

The Lord Mayor ruled that all matters were urgent.

1

SUBJECT          Review of Policy pertaining to Illegal Dumping REFERENCE    F2004/07525 FROM                 Councillor J Chedid

11174

RESOLVED       (Chedid/McDermott) (a)     That Council review its current policy pertaining to Illegal Dumping           and adopt new measures such as:           1.      Inclusion of a Hotline to notify Council of illegal acts.           2.      Having in place a DOB in a DUMPER program with a reward                    of $1,000   for advice leading to the conviction of a person or                    persons guilty of littering or dumping.           3.      A covert operation and camera system for hotspots.           4.      Doubling relevant fines.           5.      A Council run Community Pride Day in the middle of the                            year involving community groups, local residents and                       local schools with active engagement from local schools,                           police and Council’s community safety officers.           6.      Council arrange a workshop to discuss this issue, however,             prior to holding the workshop, Council officers research other                    City’s policies in this area. (b)     That Council write to Principals and Property Managers of Real           Estate agents in Parramatta to seek their cooperation in ensuring           that tenants are fully responsible for any unwanted furniture and           rubbish generated by their tenancy and arising from the termination           of tenancies. (c)     That Council prepare a submission to the present Review of           Tenancy Laws being conducted nationally by the Commonwealth           Government with the view to strengthening the obligation of    tenants in relation to removal of their rubbish and disused furniture     arising from their tenancy as outlined in the body of this resolution. (d)     Further, that Council examine the methodology for recovering           costs associated with dumped rubbish especially from State           Government Departments,  where appropriate.

2	SUBJECT          Naming of Amenities Building at Boronia Park, Epping as "Ian Kendall Sheds" REFERENCE    F2004/07802 FROM                 Councillor L E Wearne
11175	RESOLVED       (Wearne/Wilson) (a)     That Council agree to the naming of the amenities building near    the football field in Boronia Park, Epping as “Ian Kendall Sheds”. (b)     Further, that this decision be conveyed to Epping Eastwood           Football Club and discussions be held regarding a suitable name           plaque to be funded from Lachlan Macquarie Urgent Works Funds.

3

SUBJECT          Rydalmere Rejuvenation Project REFERENCE    F2006/01198 FROM                 Councillor M McDermott

11176

RESOLVED       (McDermott/Chedid) (a)     That the CEO undertake the necessary and required work to           identify the economic future of the Rydalmere Industrial Estate to           enable it’s transformation into a technology & knowledge centre for           hi-tech, emerging technologies and knowledge based businesses           leveraging off  closer relationships with the University of Western           Sydney. (b)     That this work should include all required strategic & Planning           studies to achieve the councillor expressed outcomes. The intent of           this work is to consider a range of options for the redefinition of the           role and purpose of the precinct given its strategic location. This           work should cover but not be limited to:           1       The timing and scope of the study including the nature of the           work required (such as infrastructure capacity).           2       The benefits of partnerships with business, the University and                    government,           3       The nature of the engagement program required to produce a                    new vision for this area of our City; 4       The possible economic benefits such a transformation would           create for Rydalmere and the City of Parramatta 5       This work is to include potential strategies to facilitate a           transition process required resulting from potential future           changes to the land use pattern. 6       This work should include a “mixed use development” type           approach in order to combine residential with any new type of           industry. (c)     Further, that this work be made the highest priority in the           development area.

4

SUBJECT          Demolition of Heritage Items by Neglect REFERENCE    F2004/06233 FROM                 Councillor A Bide

11177

RESOLVED       (Bide/Wilson) (a)     That a policy be drafted so that in each instance where a heritage           building is subject to an application for demolition as a result of a           fire, that a condition be included in any future Development           Application requiring a copy of the report to the coroner, any police           report in relation to the fire investigation and any insurance report   to be provided to Council for assessment. (b)     Further, that once the policy is drafted, it be examined by           Council’s Legal Advisor and reported back to Council via a Council           workshop.

5	SUBJECT          Lord Mayor's Christmas Party REFERENCE    F2004/07125 FROM                 Councillor P Maitra
11178	RESOLVED       (Maitra/Wilson) That the Lord Mayor and the Council Support Team be congratulated for organising the wonderful Lord Mayoral Christmas Party and the Lord Mayor be particularly thanked for his gesture to the previous Lord Mayor and such action become a tradition in future years.

RESUMPTION OF STANDING ORDERS

11179        RESOLVED       (Esber/Bide)

That Standing Orders be resumed.

CLOSED SESSION
11180	RESOLVED       (Wearne/Esber) 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(s) of the Local Government Act, 1993 as the items listed come within the following provisions:-

1.       Legal Matters Monthly Report to Council. (D01364209) - This report is confidential in accordance with section 10A (2) (g) of the Local Government At 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.       Urgent Legal Matter – 22 Brodie Street, Rydalmere. This report is confidential in accordance with section 10A (2) (g) of the Local Government At 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
11181	RESOLVED       (Wearne/Chedid) That the decisions of Closed Session be noted as follows:-

16.1	SUBJECT          Legal Matters Monthly Report to Council REFERENCE    F2004/07898 - D01364209 REPORT OF      Manager Development Services
11182	RESOLVED       (Esber/Elmore) That the report be received and noted.

16.2	SUBJECT          Urgent Legal Matter - 22 Brodie Street, Rydalmere REFERENCE    F2009/00931 FROM                 General Counsel
11183	RESOLVED       (Esber/Elmore) That the report be received and noted.

QUESTION TIME

1	SUBJECT          Shopping Trolleys in Winston Hills REFERENCE    F2008/00400 FROM                 Councillor S Lloyd
11184	Councillor Lloyd referred to the proliferation of shopping trolleys in the streets of Winston Hills since the introduction of the parking boom gates at Winston Hills Shopping Centre. He asked that Council staff take the necessary action to prevent this occurrence including the issue of fines if appropriate.

2	SUBJECT          Meeting with Group Manager Outcomes and Development REFERENCE    F2008/00400 FROM                 Councillor A Wilson
11185	Councillor Wilson thanked the Group Manager Outcomes and Development for their recent meeting where he had been assured that no similar cases to the 22 Brodie Street incident or the incorrect listing of properties would occur in the future.

3	SUBJECT          52 Wentworth Street, Parramatta REFERENCE    F2004/06287 FROM                 Councillor A Bide
11186	Councillor Bide requested that the appropriate officer investigate the premises at 52 Wentworth Street, Parramatta as the southern wall of the premises had been replaced with new bricks rather than using original bricks.

4	SUBJECT          Cenotaph in Parramatta REFERENCE    F2004/10359 FROM                 Councillor C X Lim
11187	Councillor Lim requested that a memorandum be supplied to all Councillors advising whether a written request had been received from the Parramatta RSL in relation to improvements to the Cenotaph in Church Street, as apparently there have been a number of safety issues raised.

5	SUBJECT          Farmers Markets Stalls REFERENCE    F2006/01352 FROM                 Councillor M McDermott
11188	Councillor McDermott requested that all Councillors be provided with an email or memorandum detailing the criteria for use of the farmers market stalls. Recently, there appeared to be many stalls selling racks of clothing combined with a proliferation of unsightly signs and this appeared to be a departure from the original purpose of the markets.

6

SUBJECT          Heritage Dwellings Damaged by Fire REFERENCE    F2004/06233 FROM                 Councillor P Maitra

11189

Councillor Maitra requested the provision of a list of all heritage and non heritage properties in the LGA which had been damaged by fire in the past year. The Group Manager Outcomes and Development advised that it may be difficult to obtain all the required information as all fires in the area were not necessarily reported to Council. The Lord Mayor added that it was likely only information on heritage dwellings damaged by fire would be provided to Council. Councillor Maitra advised that any information possessed by Council on this issue would suffice.

7	SUBJECT          Rubbish Dumping in the LGA REFERENCE    F2004/07525 FROM                 Councillor G Elmore
11190	Councillor Elmore advised that there appeared to be a great deal of litter in the streets of the LGA and requested that Council write to WSROC and the Minister for Local Government seeking a campaign to reduce the amount of littering and illegal dumping of furniture.

8	SUBJECT          Air Conditioning in Council Chamber REFERENCE    F2004/07263 FROM                 Councillor G Elmore
11191	Councillor Elmore requested that action be taken to fix the air conditioning in the Council Chamber prior to the next Council Meeting.

9	SUBJECT          Overgrown Condition of Cemetery off Marsden Road, Dundas REFERENCE    F2004/07877 FROM                 Councillor L E Wearne
11192	Councillor Wearne referred to the overgrown condition of the cemetery off Marsden Road, Dundas in the vicinity of the Dalmar Children’s Home. Councillor Wearne requested that action be taken to have the site cleared whether by the owner or by Council undertaking the works and back charging the owner of the premises.

The meeting terminated at 10.14 pm.

THIS PAGE AND THE PRECEDING 23 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON MONDAY, 7 DECEMBER 2009 AND CONFIRMED ON MONDAY, 14 DECEMBER 2009.

Lord Mayor