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
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
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SUBJECT Minutes of the Ordinary Council Meeting held on 23 November 2009 |
11154 |
That the minutes be taken as read and be accepted as a true record of the meeting.
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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
PETITIONS
Regulatory Reports
7.1 |
SUBJECT Variations to Standards under SEPP 1 REFERENCE F2009/00431 - D01364175 REPORT OF Manager Development Services |
11160 |
That the report be received and noted.
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City Development
City Leadership and Management
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
Reports - Development Applications
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 |
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.
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13.4 |
SUBJECT 1/21 George Street, Parramatta 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. |
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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.
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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 |
(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.
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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 |
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.
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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. |
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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.
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13.8 |
SUBJECT 91 Blaxcell Street, Granville 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 |
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. ,
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13.9 |
SUBJECT 37 Midson Road, Eastwood (Lot 22 DP 286194) 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 |
(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’.
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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 |
(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.
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2 |
SUBJECT Naming of Amenities Building at Boronia Park, Epping as "Ian Kendall Sheds" REFERENCE F2004/07802 FROM Councillor L E Wearne |
11175 |
(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.
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3 |
SUBJECT Rydalmere Rejuvenation Project REFERENCE F2006/01198 FROM Councillor M McDermott |
11176 |
(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.
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4 |
SUBJECT Demolition of Heritage Items by Neglect REFERENCE F2004/06233 FROM Councillor A Bide |
11177 |
(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.
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5 |
SUBJECT Lord Mayor's Christmas Party REFERENCE F2004/07125 FROM Councillor P Maitra |
11178 |
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.
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RESUMPTION OF STANDING ORDERS
11179 RESOLVED (Esber/Bide)
That Standing Orders be resumed.
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11180 |
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.
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11181 |
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 |
That the report be received and noted.
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16.2 |
SUBJECT Urgent Legal Matter - 22 Brodie Street, Rydalmere REFERENCE F2009/00931 FROM General Counsel |
11183 |
That the report be received and noted.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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