Agenda of Council (Development)

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

Council (Development)	8 February 2010

TABLE OF CONTENTS

ITEM SUBJECT PAGE NO

1 CONFIRMATION OF MINUTES - Council Meeting - 14 December 2009

2 APOLOGIES

3 DECLARATIONS OF INTEREST

4 Minutes of Lord Mayor

5 Public Forum

6 PETITIONS

7 Economy and Development

7.1 Delegated Authority Meetings held over Christmas and New Year Period

7.2 Variations to Standards under SEPP 1

7.3 Draft Parramatta Development Control Plan for Places of Public Worship

8 Governance and Corporate

8.1 Green Cities 2010 - People Places Performance, Melbourne Convention Centre, 21 - 24 February 2010

8.2 Australian Local Government Women's Association (ALGWA) Conference - 57th Annual Conference "Women Making A Splash" - from 4 - 6 March 2010 in Moree

9 DEVELOPMENT APPLICATIONS TO BE ADOPTED WITHOUT DISCUSSION

10 DEVELOPMENT APPLICATIONS TO BE BROUGHT FORWARD

11 Reports - Domestic Applications

11.1 Shop 1, 9 Gibbons Street, Oatlands
(Lot 1 DP 633434)

12 Reports - Major Applications

12.1 Section 82A Review of Determination - No.s 6A and 8 Lansdowne Street Parramatta (lot A DP 330620, Lot 1 DP 10387) (Elizabeth Macarthur Ward)

12.2 85 South Street, Granville (Lot 11 DP 740982)

12.3 32 Berry Street, Granville (Lot 1 in DP 799094) (Elizabeth Macarthur Ward)

12.4 Old Salesyard Reserve, 80 Gladstone Street, North Parramatta (Lots 852A and 852B, in DP 368761)

13 Notices of Motion

13.1 Graffiti Removal

14 QUESTION TIME

15 Closed Session

15.1 Proposed Grant of Easement for Drainage over Part of Subiaco Ponds Reserve Moffatts Drive Dundas Valley

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.

15.2 Legal Matters Monthly Report to Council

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.

15.3 Tender Relating to the Provision of External Legal Services

15.4 Legal Matter - Class 1 Proceedings - 19 Brodie Street, Rydalmere
Development Application DA / 512 / 2009 (Minor Application)
Development Application DA / 513 / 2009 (Major Application)

16 DECISIONS FROM CLOSED SESSION

Council (Development) 8 February 2010

Item 7.1

ECONOMY AND DEVELOPMENT

ITEM NUMBER 7.1

SUBJECT Delegated Authority Meetings held over Christmas and New Year Period

REFERENCE F2008/00400 - D01435248

REPORT OF Service Manager - Council Support

PURPOSE:

This report provides the minutes of the Delegated Authority Meetings held on 8 and 22 January 2010 between the Lord Mayor, Deputy Lord Mayor and Chief Executive Officer.

RECOMMENDATION

That the minutes of the Delegated Authority Meetings held on 8 and 22 January 2010 be noted.

BACKGROUND

1. Council at its meeting held on 14 December 2009 gave consideration to a report regarding the delegation of authority to the Lord Mayor and Chief Executive Officer over the Christmas/New Year period and resolved:-

That the Lord Mayor, Councillor P J Garrard, Deputy Lord Mayor, Councillor C X Lim and the Chief Executive Officer or their nominees be delegated joint authority under Section 377 of the Local Government Act, 1993, for the period Tuesday, 15 December 2009, until Friday, 5 February 2010, to deal with important or urgent business of the Council including the determination of development applications subject to:-

1 Notice of the business to be determined under delegation being provided to all Councillors at least three (3) days prior to the Delegated Authority Meeting.

2 Prior to any item being considered at the Delegated Authority Meeting, any Councillor be permitted to refer such item to full Council for consideration.

3 The Minutes for all of the business dealt with under delegation over this period being submitted to the Council Meeting on 8 February 2010.

ISSUES/OPTIONS/CONSEQUENCES

2. Delegated Authority Meetings were held on 8 and 22 January 2010 and copies of all reports were distributed to all Councillors prior to the meetings. No items were referred by Councillors to the full Council for consideration.

3. A copy of the minutes taken at each of these meetings is appended to this report as Attachment 1 and Attachment 2 respectively.

4. Decisions taken by the Lord Mayor, Deputy Lord Mayor and Chief Executive Officer under delegated authority cannot be revoked by Council and reporting of the decisions is part of a process which provides transparency and accountability.

Graeme Riddell

Service Manager – Council Report

Attachments:

1View	Minutes from Delegated Authority Meeting 8 January 2010	2 Pages
2View	Minutes from Delegated Authority Meeting 22 January 2010	2 Pages

REFERENCE MATERIAL

Council (Development) 8 February 2010

Item 7.2

ECONOMY AND DEVELOPMENT

ITEM NUMBER 7.2

SUBJECT Variations to Standards under SEPP 1

REFERENCE F2009/00431 - D01438987

REPORT OF Manager Development Services

PURPOSE:

To provide Council with information each month on development applications determined where there has been a variation in standards under State Environmental Planning Policy No.1 or similar provisions under the standard instrument.

RECOMMENDATION

That the report be received and noted.

REPORT

In accordance with the reporting requirements prescribed in Planning Circular

PS 08-014 issued by the NSW Department of Planning, five (5) development applications have been determined where there has been a variation in standards under SEPP 1 or similar provisions under the Standard Instrument, during the period 1 December 2009 to 22 January 2010. All Three (3) development applications were approved at Council Meetings during December 2009, one was approved by the Lord Mayor, CEO and Deputy Lord Mayor in January 2010 and one under delegated Authority as shown in Attachment 1.

Louise Kerr

Manager Development Services

Attachments:

1View

Development Application Variations under SEPP 1 - December 2009 and January 2010

2 Pages

REFERENCE MATERIAL

Council (Development) 8 February 2010

Item 7.3

ECONOMY AND DEVELOPMENT

ITEM NUMBER 7.3

SUBJECT Draft Parramatta Development Control Plan for Places of Public Worship

REFERENCE F2009/02709 - D01437318

REPORT OF Project Officer-Land Use.Land Use & Transport Planning

PURPOSE:

To present to Council the results of public exhibition of the Draft Parramatta Development Control Plan for Places of Public Worship and to seek Council’s adoption of the draft DCP.

RECOMMENDATION

(a) That Council adopt the draft Parramatta Development Control Plan for Places of Public Worship as included with this report as Attachment 2 to be applied whilst the draft comprehensive Parramatta DCP is being finalised.

(b) That the DCP be implemented without a savings provision, i.e. it be applied to all relevant development applications outstanding at the time the DCP takes effect.

(c) That the controls within the DCP be incorporated into the draft comprehensive Parramatta Development Control Plan prior to public exhibition, including the changes required to reflect the proposed prohibition of places of public worship in the R2 Low Density Residential zone within draft Parramatta LEP.

(d) Further, that Council’s community consultation during exhibition of the draft Parramatta LEP and draft Parramatta DCP include letters of notification to the places of public worship and non-government schools that may be affected by the Places of Public Worship provisions within the draft Plans.

BACKGROUND

1. At its Meeting on 19 October 2009, Council resolved to publicly exhibit a draft Development Control Plan for Places of Public Worship (PPW).

2. Council’s resolution included an additional control that requires any proposal for a place of public worship to have a maximum capacity of 250 people and to predominantly serve the local community.

3. This additional control builds further upon the existing clause 42 within Parramatta Local Environmental Plan 2001 which limits the capacity of PPW to 250 seats within residential zones only, without the reference to a requirement to serve only the local community.

CONSULTATION

4. The draft DCP was publicly exhibited from 11 November to 11 December 2009. A notice was placed in the local newspapers and a letter of notification was sent to fifty-six (56) Places of Public Worship within the local government area. Five (5) submissions were received, all from representatives of local church groups. The issues raised by the submissions are described in detail in the table included as Attachment 3. The submissions all object to the draft DCP and share similar concerns.

5. The submissions are further summarised in the detailed report at Attachment 1 and a response is provided to each issue raised. The main concerns are as follows:

a. The maximum size limit of 250 people is seen as overly restrictive;

b. It is unreasonable to apply the same floor space ratio to a church as applies to residential dwellings;

c. The requirements for the submission of an acoustic report, traffic impact statement and operational plan of management are seen as onerous and beyond the means of church groups;

d. The DCP should not apply to industrial, retail and commercial zones;

e. The DCP should not apply to PPW within schools;

f. PPW should not be required to provide car parking.

ISSUES

6. The draft Parramatta Development Control Plan for Places of Public Worship provides Council with a means of ensuring that PPW are appropriate within their setting and will not have unreasonable impacts on neighbourhood amenity, particularly within residential areas. It is considered that the issue of impacts on residential areas are of primary concern and changes are recommended to focus on this aspect without limiting the opportunities for religious worship within the community.

7. It is recommended that Design Principle P.4 be amended to reflect Clause 42 within the Parramatta LEP 2001 which applies the maximum seating capacity limit of 250 to residential zones only and contains no reference to a requirement to serve only the local community.

8. The draft DCP includes a clause (1.6) which is referred to as a “Savings Provision”. The role of a savings provision is to “save” applications lodged before a certain date from the effects of a new instrument. However, the intent of the clause is to apply the DCP to all development applications (including those lodged but yet to be determined) as soon as the DCP comes into effect as required by Council’s decision on 19 October 2009. As such, this clause is recommended to be renamed “Application of this Development Control Plan”.

9. On 23 March 2009, Council resolved to prohibit PPW within the R2 Low Density Residential zone within the draft Parramatta LEP. This change in policy direction has been ratified by the NSW Department of Planning through their certification of the draft Parramatta LEP for public exhibition purposes.

10. The draft Parramatta LEP is supported by its companion document, the draft comprehensive Parramatta DCP. The draft comprehensive DCP was adopted by Council at its meeting on 14 December 2009 with an additional resolution that it be updated prior to exhibition to incorporate the same controls as the stand-alone DCP for Places of Public Worship. However, the controls in the stand-alone DCP for Places of Public Worship could not be carried over verbatim and would require some modification to reflect the controls within the draft Parramatta LEP. Most notably, it is recommended that Design Principle P.4 setting the maximum seating limit of 250 in residential zones be excluded from the draft comprehensive DCP due to the proposed prohibition of PPW in the R2 Low Density residential zone. This would have the effect of removing the maximum seating capacity limit from the medium and high density zones which are considered to be more appropriate zones for larger PPW due to their more accessible locations and higher density character.

TIMING

11. Once adopted by Council, the Draft DCP for Places of Public Worship would take effect upon the publishing of a notice in the local newspapers. The DCP would then be applicable to all development applications for places of public worship, regardless of whether they were lodged before the date of the DCP taking effect.

12. Once the comprehensive Parramatta DCP takes effect, the stand-alone DCP for Places of Public Worship will cease to operate as a separate DCP and will be incorporated into the comprehensive DCP. This is in order to comply with legislation prescribing that upon the gazettal of Council’s new comprehensive LEP in the standard template format, only one DCP can apply to any parcel of land.

Felicity Roberts Sue Stewart

Project Officer Land Use Planning Senior Project Officer

Land Use Planning

Attachments:

1View	Detailed Submission	7 Pages
2View	Draft DCP for Places of Public Worship	5 Pages
3View	Summary of Submissions Received	3 Pages

REFERENCE MATERIAL

Council (Development) 8 February 2010

Item 8.1

GOVERNANCE AND CORPORATE

ITEM NUMBER 8.1

SUBJECT Green Cities 2010 - People Places Performance, Melbourne Convention Centre, 21 - 24 February 2010

REFERENCE F2004/06958 - D01438071

REPORT OF Service Manager - Council Support

PURPOSE:

This report is placed before Council to seek the appointment of one (1) Councillor to attend the Green Cities 2010 – People Places Performance Conference to be held in Melbourne from 21 – 24 February 2010.

RECOMMENDATION

(a) That Council nominate one (1) Councillor to attend the Green Cities 2010 – People Place Performance Conference to be held in Melbourne from 21 – 24 February 2010.

(b) Further, that Council nominate an alternate delegate to attend the Conference in the event that the delegate is unable to attend.

BACKGROUND

1. Grosvenor is an association that has a vested interest in the future shape of the urban landscape and aim to help create attractive and vibrant cities in which people will want to live and work.

2. Green Cities is the largest and most influential green building conference in the Asia Pacific region. They aim to explore new ideas in sustainable building, forge connections and launch new products and technologies.

3. Melbourne will host the 2010 conference People Places and Performance.

4. The Green Cities conference will explore how Green buildings provide greater comfort, productivity and health benefits to people, how the green building industry is looking at developing sustainable communities and places, and why Green buildings consume less resources, are cheaper to operate and provide a higher return on investment.

5. Delegate registration, accommodation, flights and out-of-pocket expenses total the approximate amount of $4555.00 per delegate.

6. This is a Category C Conference as outlined in Annexure 1 of the conference categories from the Civic Office Expenses and Facilities Policy. Category C of this policy permits the attendance of one (1) councillor. All reasonable expenses will be paid.

ISSUES/OPTIONS/CONSEQUENCES

7. A copy of the conference program is appended as Attachment 1.

CONSULTATION & TIMING

8. This report has been put up to this meeting to allow ample time to organise and pay for the conference.

Graeme Riddell

Service Manager – Council Support

Attachments:

1View

Green Cities 2010 Program

4 Pages

REFERENCE MATERIAL

Council (Development) 8 February 2010

Item 8.2

GOVERNANCE AND CORPORATE

ITEM NUMBER 8.2

SUBJECT Australian Local Government Women's Association (ALGWA) Conference - 57th Annual Conference "Women Making A Splash" - from 4 - 6 March 2010 in Moree

REFERENCE F2010/00128 - D01438318

REPORT OF Service Manager - Council Support

PURPOSE:

This report is placed before Council to seek the appointment of three (3) to five (5) Councillors to attend the Australian Local Government Women’s Association (ALGWA), Conference 57^th Annual Conference “Women Making A Splash” – from 4 – 6 March 2010 in Moree.

RECOMMENDATION

That Council nominate three (3) to five (5) Councillors ie the Lord Mayor (or nominee) plus any other nominated Councillors to attend the Australian Local Government Women’s Association (ALGWA), Conference 57^th Annual Conference “Women Making A Splash” – from 4– 6 March 2010 in Moree.

BACKGROUND

1. The conference organising committee has developed an exciting program of recognised experts in areas concerning women and women’s issues within Local Government.

2. This year’s theme “Women Making a Splash in Local Government” will celebrate the Year of Women in Local Government 2010. We will be looking at issues challenging Women in 2010.

3. Delegate registration, accommodation, flights and out-of-pocket expenses total the approximate amount of $1900.00.

4. This is a Category A Conference as outlined in Annexure 1 of the conference categories from the Civic Office Expenses and Facilities Policy. Category A of this policy permits the attendance of three (3) to five (5) Councillors i.e. the Lord Mayor (or nominee) plus any other nominated Councillors to attend.

ISSUES/OPTIONS/CONSEQUENCES

5. A copy of the conference program and conference guest speakers is appended as Attachment 1.

Graeme Riddell

Service Manager – Council Support

Attachments:

1View

2010 ALGWA Conference Brochure Moree

12 Pages

REFERENCE MATERIAL

Council (Development) 8 February 2010

Item 11.1

DOMESTIC APPLICATION

ITEM NUMBER 11.1

SUBJECT Shop 1, 9 Gibbons Street, Oatlands
(Lot 1 DP 633434)

DESCRIPTION Fitout and use of existing premises as a cafe.

REFERENCE DA/692/2009 - Submitted 8th October 2009

APPLICANT/S Mr G Eltalechi

OWNERS Mr P K Mak and Mr S K Mak

REPORT OF Manager Development Services

REASON FOR REFERRAL TO COUNCIL

The matter is referred to Council as more than seven (7) submissions were received.

EXECUTIVE SUMMARY

Development Application DA/692/2009 seeks approval for the fitout and use of the existing premise as a cafe with a seating capacity of 25. No outdoor dining is proposed. The proposed hours of operation are 7am to 9:30pm, 7 days a week. Onsite parking is provided with sixteen (16) communal parking spaces shared amongst the 5 shop owners, staff and patrons, no additional onsite parking is proposed. Note: Under the Parramatta LEP 2001 the proposed use is defined as a “restaurant”.

The application is supported by Council’s Traffic and Transport Services based on availability of on-street parking spaces in areas surrounding the proposed development.

The application was also referred to Councils Health Officer for comment who raised several key issues regarding upgrading of existing toilet amenities, disabled access/disabled toilet availability, hours of operation and ventilation of garbage and grease trap area. Conditions have been recommended to ensure compliance with the relevant Australian standards and to prevent loss of amenity to the area.

Eleven (11) submissions have been received raising issues regarding operating hours, increased traffic, serving of alcohol, anti-social behaviour and littering, seating location and capacity, parking facilities, zoning, cooking odour, light spillage, odour from garbage bins located in the rear communal storage spaces, lease arrangements of rear storage spaces and outward opening direction of café’s rear access door. These issues have been considered in the assessment of the proposal and found not to warrant refusal of the application.

Due to the number of submissions an on-site meeting was held on 9^th December 2009 with Councillors, staff and concerned residents.

The site is zoned 3(b) Neighbourhood business and the proposed café is consistent with the aims and objectives of Parramatta LEP 2001 and Parramatta DCP 2005. The proposed restaurant will not have an unacceptable impact on the amenity of the area and will maintain the character of Gibbons Street by providing a local service for local residents, while not generating adverse noise, odour, traffic or social impacts. Accordingly, the application is recommended for approval, subject to conditions.

RECOMMENDATION

(a) That Council as the consent authority grant development consent to Development Application No. 692/2009 for the fitout and use of the existing premises as a café at Shop 1/5, 9 Gibbons Street, Oatlands 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.

Attachments:

1View	Section 79c Report	25 Pages
2View	Locality Map	1 Page
3View	Plans	9 Pages

REFERENCE MATERIAL

Council (Development) 8 February 2010

Item 12.1

MAJOR APPLICATION

ITEM NUMBER 12.1

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 REFERRAL TO COUNCIL

The application is referred to Council as it is a Section 82A Review of Determination.

EXECUTIVE SUMMARY

Council at its meeting of 7 December 2009 deferred consideration of the following Development Application pending a further report on the occurrence of the following over the past 10 years:

(a) Unauthorised demolition of heritage items or homes and structures within any Heritage Conservation Area within the Parramatta LGA.

(b) Suspicious fires or suspected arson of heritage items or homes and structures within any Heritage Conservation Areas within the Parramatta LGA.

The resolution also called for the report to list the owners and the applicants and identify any patterns that may require further investigation and also indicate whether any Fire Brigade reports on insurance assessments are available together with any other advice received from relevant authorities.

Work has begun on preparing this report and written requests have been made to NSW Police (Parramatta, Ermington and Eastwood Local Area Commands) to collating information to assist in the preparation of the report. NSW Police are still obtaining the requested information. Once all of the required information has been received a report will be presented to Council.

It is noted that following deferral of the Development Application the applicant lodged a Class 1 appeal to the NSW Land and Environment Court on 17 December 2009. As the Section 82A Review remains undetermined the matter is now reported back to Council for final determination. Determination of the application will assist in Council preparing for the Class 1 appeal.

The application seeks approval to the demolition of the dwellings located at 6 & 8 Lansdowne Street. Both dwellings have been substantially damaged by fire with the dwelling at No. 6 Lansdowne only comprising a chimney and a few vertical stud walls.The application has been accompanied by a Structural Adequacy Report that recommends demolition of the buildings for public safety reasons. The buildings are not listed heritage items but are located within a heritage conservation area. Accordingly, on the basis that there are public safety issues associated with the fire damaged buildings and the fact that any further redevelopment of the site will require development consent, it is recommended that Council approve the request to demolish the fire damaged buildings.

RECOMMENDATION

That Council changes its determination and approve Development Application 513/2008 for the demolition of two dwellings and associated structures within the South Parramatta Heritage Conservation Area at No’s 6A and 8 Lansdowne Street Parramatta, subject to the conditions of consent in Attachment 1 of this report.

Sara Matthews

Senior Development Assessment Officer

Attachments:

1View

Previous Council report

17 Pages

Regulatory Council 8 February 2010

Item 12.2

DEVELOPMENT APPLICATION

ITEM NUMBER 12.2

SUBJECT 85 South Street, Granville (Lot 11 DP 740982)

DESCRIPTION Alterations and additions to the ground and first floor of an existing Place of Public Worship.

REFERENCE DA/774/2009 - 16 November 2009

APPLICANT/S Granville Kingdom Hall of Jehovah's Witnesses

OWNERS Jehovah's Witnesses Congregations

REPORT OF Manager Development Services

REASON FOR REFERRAL TO COUNCIL

The application relates to a Place of Public Worship.

EXECUTIVE SUMMARY

The application seeks approval for alterations and additions to the existing Kingdom Hall. The additions/alterations include a mother and babies change room, disabled toilet, improved wheel chair access to the main foyer, all weather and secure access from the ground floor to upper level and the conversion of a kitchenette into a discussion room.

The application does not seek to increase the number of parishioners at the premises or alter the existing operational hours. The existing hours of operation are between the hours of 8.00am to 9.15pm, Tuesday, Wednesday, Thursday, Saturday and Sunday depending on the activity.

The proposal was referred to Council’s Heritage Adviser as the site is located in the vicinity of heritage items. No objections to the proposal have been raised subject to conditions of consent.

No submissions from the public were received.

The proposed alterations and additions are minor and will not increase the operational capacity of the existing facility nor adversely impact the amenity of the surrounding area.

Overall, the alterations and additions will not substantially alter the existing development. The proposal is consistent with the objectives of Parramatta Local Environmental Plan 2001, Parramatta Development Control Plan 2005, Draft Place of Public Worship DCP and the objectives of the Business 3(a) Zone. Accordingly, DA/774/2009 is recommended for approval.

RECOMMENDATION

That Council as the consent authority grant development consent to Development Application No. 774/2009 for the alterations and additions to the ground and first floor of an existing Place of Worship at 85 South Street, Granville subject to the conditions of consent outlined in attachment No. 1 of this report.

Denise Fernandez

Development Assessment Officer

Attachments:

1View	Section 79C Report	17 Pages
2View	Locality Plan	1 Page
3View	Plans and Elevations	6 Pages
4View	Operational Management Plan	8 Pages

REFERENCE MATERIAL

Regulatory Council 8 February 2010

Item 12.3

MAJOR APPLICATION

ITEM NUMBER 12.3

SUBJECT 32 Berry Street, Granville (Lot 1 in DP 799094) (Elizabeth Macarthur Ward)

DESCRIPTION A building certificate application has been lodged to regulate unauthorised internal works to an approved brothel.

REFERENCE BC/102/2009 - lodged 10th November, 2009

APPLICANT/S Ms H Chen

OWNERS Mr W Palmer

REPORT OF Manager Development Services

REASON FOR REFERRAL TO COUNCIL

The application relates to a brothel.

EXECUTIVE SUMMARY

A building certificate application has been received by Council that relates to the existing brothel located at 32 Berry Street. The brothel was approved by Council subject to conditions on 11^th December, 2002 via Development Consent No. 1679/2002.

The works subject of this application have been completed and the applicant is seeking retrospective approval to the completed works by way of a building certificate. The extent of works relate to a new corridor extending from the hallway to the staff waiting room resulting in reduced area for Rooms 4 and 5, a new walk-in robe in part of the former hallway and a new alcove area preventing client access to the staff recreation room. The use of a first floor area as a plant room is also proposed. The works do not increase the number of client rooms of the brothel. It is also noted that a Penalty Infringement Notice for the unauthorised works was issued on 18 September 2008 by Council officers.

The application considered in this report has been previously assessed by Council’s Strategic Crime & Corruption Officer, in so far as the application was originally a Section 96 application refused by Council at its Regulatory Meeting of 10^th August, 2009. The following comments were made in relation to the Section 96 application:

‘I have reviewed all the material submitted by the Applicant in support of the subject D.A. which seeks to carry out Section 96 modifications, by way of internal renovations. These modifications are in concert with DA /1679/2002/D which seeks intensification of the subject brothel with an increase in the authorised number of sex workers by two sex workers. There is no concern or objection to the internal modifications proposed. All issues of concern have been addressed in the review contained within DA/1679/2002/D.’

The Section 96 was refused by Council for the following reason:

1. “That the application be refused as Council cannot abide by persons making modifications and then seeking retrospective approval.”

The Section 96 application is currently subject to an appeal before the Land and Environment Court.

The previous Section 96 application was also referred to the NSW Police for comment. No response had been provided from NSW Police on this matter. The building certificate was not referred to the Police as the works are the same as those associated with the Section 96, to which the Police did not raise an objection to the proposal. No public submissions have been received objecting to the building certificate. There are no planning issues that would warrant refusal of the application.

All the works relate to the internal layout of the brothel only and do not increase the intensity of the brothel.

Other than that the works have been carried out without the prior approval of Council, the application achieves compliance with Council’s planning controls including the requirements of Parramatta LEP 2001, Parramatta DCP 2005 and the Policy for Sex Services and Restricted Premises, as well as the aims and objectives of those instruments and policies.

Accordingly BC/102/2009 is recommended for approval.

RECOMMENDATION

Pursuant to Section 149 of the Environmental Planning and Assessment Act, that Council issue Building Certificate No. 102/2009 for the following works:

(a) A new corridor that has been built between disabled Bathroom 3 and Workroom 4.

(b) A corridor between Workrooms 4 and 5 on the ground floor.

(d) A new walk in robe in part of the former hallway.

(e) A new alcove area preventing client access to the staff recreation room.

subject to the following certification being provided:

1. Certificate from the builder certifying the timber stud wall has been installed as per AS1684 – Residential timber framed construction.

2. The stairs in the plant room to comply with AS1657 – 1992 – Fixed platforms, walkways, stairways and ladders – design, construction and installation.

Attachments:

1View	Assessment Report	12 Pages
2View	Locality Map	1 Page
3View	Plans & Elevations	8 Pages

Council (Development) 8 February 2010

Item 12.4

MAJOR APPLICATION

ITEM NUMBER 12.4

SUBJECT Old Salesyard Reserve, 80 Gladstone Street, North Parramatta (Lots 852A and 852B, in DP 368761)

DESCRIPTION Construction of an amenities building for the existing sports fields.

REFERENCE DA/796/2009 - 16 November 2009

APPLICANT/S Project Management Team of Parramatta City Council

OWNERS Parramatta City Council

REPORT OF Manager Development Services

REASON FOR REFERRAL TO COUNCIL

The subject land is owned by Council and the applicant is the Project Management Team of Parramatta City Council. The application has been assessed by an independent planning consultant.

EXECUTIVE SUMMARY

Approval is sought for the construction of an amenities block at the Gladstone Street frontage of the site, near the south-east corner, 36m from the boundary with residential properties fronting Gladstone Street. The amenities block is to have a setback from Gladstone Street of 14.7m, is of rectangular shape and is to have dimensions of 6.5m x 26.7m. The building is to contain a kiosk and kiosk store, a breezeway, male, female and accessible toilets, a home and visitor change room, with showers, an equipment storeroom and a plant room. The proposal also incorporates a 2.2m wide verandah to the north of the building overlooking the playing fields, with an accessible ramp to connect with an existing concrete path to Gladstone Street.

The building is to be constructed with a floor level of RL16.5, being 500mm above the 1:100 year flood level for the site. The proposed building is to have a height varying between 2.9m and 4.2m above the existing ground level.

Four submissions to the application had been received, two from the same address and one from a user of the park. Concerns raised included the attraction of undesirable persons to the site, parking and traffic impacts and the need for the building.

The site is zoned 6(a) Public Open Space under Parramatta Local Environmental Plan 2001, and the amenities building, which is defined as a recreation facility, is permissible with consent. The proposal is consistent with the objectives and controls of Parramatta Local Environmental Plan 2001 and Parramatta Development Control Plan 2005.

Conditions of consent have been recommended to ensure damage to landscaping is remediated, to provide for an accessible parking space, to ensure the design of fencing is appropriate and to ensure the building is secured when not in use to protect the amenity of the area and to ensure the safety of patrons and park users.

Accordingly, the application is recommended for approval.

RECOMMENDATION

(a) That, Council as the consent authority, grant consent to Development Application No. DA/796/2009 for the erection of an amenities and kiosk building at Old Sales yard Reserve, No. 80 Gladstone Street North, subject to the recommended conditions in Attachment 1.

(b) Further that the objectors be advised of Council’s decision on this matter.

Kerry Gordon

Consultant Town Planner

Kerry Gordon Planning Services Pty Ltd

Attachments:

1View	S79C	15 Pages
2View	Location Map	1 Page
3View	Plans	3 Pages

REFERENCE MATERIAL