MINUTES OF THE Meeting of Parramatta City Council HELD IN THE Council Chambers, CIVIC PLACE, PARRAMATTA ON Monday, 8 March 2010 AT 6:48pm

PRESENT

The Lord Mayor, Councillor, P J Garrard in the Chair and Councillors P B Barber (arrived 6.51 pm and retired 10.14 pm), A Bide, J Chedid, G J Elmore (arrived 6.50 pm), J D Finn (arrived 6.52 pm), A Issa, OAM, M A Lack, C X Lim (Deputy Lord Mayor), S D Lloyd, P K Maitra, M D McDermott, L E Wearne (arrived 6.51 pm) and A A Wilson (arrived 6.59 pm).

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 Meeting of Council held on 22 February 2010

11316        RESOLVED       (Lim/Chedid)     

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

APOLOGIES

An apology was received and accepted for the absence for Councillor P Esber.

DECLARATIONS OF INTEREST

1      Councillor  M McDermott declared an interest in relation to Item 10.1  of Domestic Applications regarding 13 Bray Street, Dundas as his premises had been constructed by the applicant for this development.

PUBLIC FORUM

1

SUBJECT          Various Issues including 25 Calder Road, Rydalmere REFERENCE    DA/105/2009 FROM                 Mr B Berry

11317

“The questions I am asking are only some of those that remain unanswered despite several letters to Council and claims made to me that answers have been comprehensive. Overdue Report – When will I be receiving the report on the investigation into 95 Kissing Pt Rd Dundas? Documents supplied to me show that claims made by Council officers are incorrect. There are also the massive breaches of the Landscape Plan. I was to receive the response within 28 days from 30/11/09. Delegated Authority Meetings. According to recent SEPP 1 variations, a DA for 10 Rickard Street, Carlingford was approved at a delegated authority meeting on 14 January 2010. This meeting does not appear in the minutes for delegated authority meetings which, by regulation, had to be presented at the Council Meeting, 8 February 10. Why did this happen and shouldn’t the approval be declared invalid. 25 Calder Road, Rydalmere. (a) Contradictory comments. One of the Managers said that the ‘vast majority’ of properties in the region have side setbacks of 900mm. On checking this out, another Manager has said that she is satisfied there are buildings in the area closer than 1m from the boundary. I see this as a contradiction and also claim that none of the properties in the three streets have both setbacks reduced to the extent of 25 Calder Rd. I ask for clarification and proof. (b) Floor Space Ratio. We pointed out to Council that there is a discrepancy of 66 sq m in the applicant’s floor area calculation and Council’s calculation. I therefore asked for an estimate of the percentage of DA’s approved over the last two months where Council has accepted the applicant’s FSR calculation. Is there still no answer? Is the FSR always checked, or only when the public complains? (c) Unclear, Incomplete, etc, DA application form. Council now has a policy on unsatisfactory application documents. I asked how many DA’s have been rejected under the policy since it was introduced last April and received no answer apart from the total number of DA’s refused for any reason. What is the answer and which DA’s were they. (d) Building Height. I have questioned Council’s figure of 8.841 m, particularly on the street elevation which is the most important. I claim that the height is as much as 9.941m ranging down to 9.491 m. I asked why no consideration has been given to lowering by excavation, which is what occurred with both adjoining properties. I also pointed out some inconsistencies between the shadow diagrams of 25 Calder Road and both adjoining properties. What assurances are there that these, and all the other matters, will be taken into account by a council appointed town planner? (e) Premature Assessment Report. Who is responsible for compiling, recommending the DA for approval and presenting the report to Council before the public were able to put in submissions. (f) Comparison with Complying Development. The assessment report says there will be no additional impact of the reduced side setbacks than there would be with a Complying Development. I pointed out that Complying Developments apply only to single story dwellings and interior alterations to double storeys. The only response I received was:- “complying development does not refer to complying development as per the Exempt and Complying Development code, but rather to development that would comply with all the numeric standards of the Development Control Plan for dual occupancies”. I don’t know what this means and would like a better explanation, including a reference to a single storey complying development, as compared to a double storey dual occupancy. Definition of an Issue. Management told me that the definition of an issue, as listed in the assessment report summary, is that an issue identifies a numerical non compliance. I therefore asked why is it that 18 issues which I took from DA assessment report summaries over the past 2-3 months have no numerical aspects. I received no answer. Could I please have one now? Accountability Systems. Some time ago, one of the Councillors asked about Council’s accountability systems and called for a report. What stage has the report reached and will it be publically available? Staff turnover. Another Councillor asked about staff turnover, as compared to other Councils. Has a report been made on this? Will it be made available? Compliments and Complaints Policy. a. When I asked why this policy was not exhibited for public comment as with other policies, plans and codes, I was told that the changes were minor and that there is no legislative requirement to do so. I gave several reasons why the changes were not minor and also claimed that there would be other policies that are not bound by legislative requirements, but Council still chose to exhibit them. E.g. the Outdoor Dinning Policy which was exhibited for 2 months. What other policies, plans, and codes has council not exhibited, and why? b. I ask again what procedures are in place to ‘capture’ complaints and why they do not seem to be working.” The Lord Mayor indicated that a response would be provided to Mr Berry’s questions. Note Councillors G Elmore (6.50 pm), P Barber (6.51 pm), L E Wearne (6.51 pm) and J D Finn (6.52 pm) arrived at the meeting during consideration of this matter.

Economy and Development

7.1

SUBJECT          Section 82A Review - 17/38-42 Wynyard Street, Guildford ( Lot 17 SP 78153) (Woodville Ward) DESCRIPTION  Section 82A review for alterations and additions to a townhouse. REFERENCE    DA/375/2009 - 16 June 2009 APPLICANT/S   Attic & Roof Conversions OWNERS           Mr P C H Locke and Mrs J Locke REPORT OF      Manager Development Services REASON FOR REFERRAL TO COUNCIL                             The application is referred to Council as it is an application under Section 82A of the Environmental Planning and Assessment Act, 1979.

11318

RESOLVED       (Elmore/Chedid) That consideration of this matter be deferred for 2 weeks. DIVISION AYES         The Lord Mayor, Councillor P J Garrard and Councillors P B           Barber, A Bide, J Chedid, G Elmore, A Issa OAM, M Lack, C                   X Lim, S Lloyd, M McDermott, P Maitra and A Wilson. NOES       Councillors J D Finn and L E Wearne.

7.2

SUBJECT          DCP for Sex Services and Restricted Premises REFERENCE    F2009/01146 - D01462419 REPORT OF      Senior Project Officer

11319

RESOLVED       (McDermott/Chedid) a)        That Council amend the DCP for Sex Services Premises and Restricted Premises, by: i)     Including under the heading of “Where does this Development Control Apply”, the following words: “This Plan applies to all land within the Parramatta Local Government Area (LGA)”, and; ii)     Including a reference to the Parramatta Regional Environmental Plan under “1.3 Relationship to Other Plans and Policies”, as detailed in Attachment 1. iii)     Amending Part 2 of the Sex Services and Restricted Premises DCP so that:- Where development consent is sought for premises for medical or therapeutic massage, additional information, as outlined will be required to demonstrate that measures are proposed to ensure compliance with this act. This information will include: ·    ABN number; ·   Details of a current public liability insurance       policy. ·   Evidence that the operator of the business       has completed HLT 50307-Diploma of       Remedial Massage or an equivalent       qualification. ·   Evidence that staff providing massage       therapy have completed HLT 40307-      Certificate IV in Massage or an equivalent       qualification. ·    Evidence that the operator of the business is       accredited with at least one recognised health       fund as a registered health provider. ·   Evidence that the operator of the business is       currently certified in HLTFA301B - Apply First       Aid. (Workplace Level 2 - formerly known as       Senior First Aid Certificate)                              iv)     That Section 5 S.1 and S.3 of the document                                                 dealing with location controls be amended to                                               achieve the following: “Within a radius 200 metres of other sex service                                premises, restricted premises and/or licensed                                             premises being a  hotel, public bar nightclub,                                               restaurant, or the like.” (b)  That consent for businesses conducting massage related services will also be limited to 2 years at which time a new development application will need to be lodged. (c)    That the draft amendment be publicly exhibited for 28 days in   accordance with the relevant legal requirements. (d)   That if no submissions are received, the appropriate steps be taken to finalise the DCP as soon as possible after the close of the exhibition. (e)   Further that the Group Manager Outcomes and Development prepare an appropriate control that prevents the location of any sex services premises within the CBD and report back to Council. This report include a copy of the controls for Ryde Council’s CBD that addresses this issue. DIVISION AYES         The Lord Mayor, Councillor P J Garrard and Councillors A                        Bide, J Chedid, J D Finn, A Issa OAM, M Lack, C X Lim, S              Lloyd, M McDermott, P Maitra and A    Wilson. NOES       Councillors P B Barber, G Elmore and L E Wearne. Note Councillor A Wilson arrived at the meeting at 6.59 pm during consideration of this matter.

7.3	SUBJECT          Variations to Standards under SEPP 1 REFERENCE    F2009/00431 - D01463140 REPORT OF      Manager Development Services
11320	RESOLVED       (Lim/Issa) That the report be received and noted.

7.4

SUBJECT          12 Buckleys Road Winston Hills REFERENCE    DA/1823/2000/C - D01463419 REPORT OF      Property Program Manager

11321

RESOLVED       (Lim/Issa) (a)       That Council resolve to create an easement for drainage over the Council public reserve (Lot 2 DP 543364) in favour of the property at 12 Buckleys Road Winston Hills (Lot 1B DP 378829) on terms as stated in the report. (b)       Further, that the Lord Mayor and Chief Executive Officer be authorised to execute under seal the linen plan, Section 88B instrument, transfer granting easement and deed of agreement if required for creation of the easement.

7.5

SUBJECT          Morton Street Voluntary Planning Agreement REFERENCE    F2005/01017 - D01464243 REPORT OF      Manager Land Use and Transport Planning

11322

MOTION              (Chedid/McDermott) That the previously adopted draft voluntary planning agreement for 2 Morton Street, Parramatta be amended to require the applicant to construct a pedestrian and cycleway bridge prior to the commencement of this development. The Lord Mayor ruled that the motion was out of order. MOTION              (Issa)  (a)              That the previously adopted draft Voluntary Planning Agreement for the development of 2 Morton Street be amended to replace the cash contribution towards a pedestrian bridge to a contribution towards the foreshore multi purpose path and associated works.   (b)               Further, that the matter be reported back to Council following public exhibition with the draft LEP for the site. The motion lapsed through the want of a seconder. MOTION              (Chedid/Wilson) That Council go back and renegotiate the draft Voluntary Planning Agreement for the development on 2 Morton Street, Parramatta to require the applicant to construct a pedestrian and cycleway bridge. The motion was put and carried unanimously.

DEVELOPMENT APPLICATIONS TO BE ADOPTED WITHOUT DISCUSSION

11323        RESOLVED       (Barber/Lim)

That Item 10.4 of Domestic Applications and Items 11.3, 11.4, 11.5, 11.6 and 11.8 of Major Applications for the Council Meeting to be held on 8 March 2010 be adopted unanimously in accordance with the Officer’s Recommendation.

DIVISION    The result being:

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

Reports - Domestic Applications

10.1

SUBJECT          13 Bray Street, Dundas (Lot 83 DP 36705) (Lachlan Macquarie Ward) DESCRIPTION  Alterations and additions to the existing dwelling including a first floor addition. REFERENCE    DA/19/2010 - 14 January 2010 APPLICANT/S   Adcorp Constructions OWNERS           Mr W Piper and Ms M J Finn REPORT OF      Manager Development Services REASON FOR REFERRAL TO COUNCIL                             The application has been referred to Council as the application seeks a variation of greater than 10% to the height control of Clause 39 of Local Environmental Plan 2001 and the application is accompanied by an objection under SEPP 1.

11324

RESOLVED       (Wilson/Lim) (a)   That Council support the variation to Clause 39 of the PLEP 2001 under the provisions of SEPP 1. (b)     Further, that Development Application No 19/2010 for alterations                    and additions to an existing dwelling including a first floor addition               at 13 Bray Street Dundas 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 P B           Barber, A Bide, J Chedid, G J Elmore, 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        None. Note Councillor M McDermott declared an interest as the applicant constructed his premises and temporarily retired from the meeting during consideration and voting on this issue.

10.2

SUBJECT          67 Macquarie Street, Parramatta (Lot E-I & Pt M DP 15108) (Arthur Phillip Ward) DESCRIPTION  Change of use for Thai Massage and fit out of premises. REFERENCE    DA/814/2009 - 20 November 2009 APPLICANT/S   V Eammano OWNERS           Mr J S Horsfield and Mr K A Stanberg and R W Irvine and Mr A H Woodland and Mr A A Hyam REPORT OF      Manager Development Services REASON FOR REFERRAL TO COUNCIL                             The application is referred to Council for determination as the application seeks approval for a massage centre.

11325

MOTION              (Finn/Elmore) (a)     That Development Application 814/2009 for the change of use for           Thai Massage with associated signage be approved subject to the           conditions of consent in Attachment 1. (b)     Further, that the Manager Economic Development report to           Council on how to promote our city more effectively to deter the           proliferation of such businesses throughout the city. AMENDMENT    (McDermott/Chedid) That consideration of this matter be deferred pending a report on the impact the proliferation of these businesses are having on the amenity of Parramatta. The amendment was put and lost. The motion was put and carried. DIVISION   The result being: AYES         Councillors P B Barber, 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        The Lord Mayor, Councillor P J Garrard and Councillors J                         Chedid, A Issa OAM and M McDermott.

10.3

SUBJECT          65 Centenary Avenue Northmead (Lot 38 DP 270267) (Caroline Chisholm) DESCRIPTION  Construction of a two storey dwelling and tree removal. REFERENCE    DA/890/2009 -  21 December 2009 APPLICANT/S   Ms C L Powell OWNERS           Ms C L Powell REPORT OF      Manager Development Services REASON FOR REFERRAL TO COUNCIL                             The proposal seeks a SEPP 1 variation (greater than 10%) to clause 38 ‘Minimum allotment sizes’ in Parramatta Local Environmental Plan 2001.

11326

MOTION              (Finn/Barber) (a)       That Development Application No. 890/2009 for the construction of a two storey dwelling at 65 Centenary Avenue Northmead be approved subject to the conditions of consent in Attachment 1 of this report and an additional condition requiring that all trees are to be of an endemic native species. (b) Further, that Council support the variation to Clause 38 of the PLEP 2001 under the provisions of SEPP 1. AMENDMENT   (Bide/Lim) (a)       That Development Application No. 890/2009 for the construction of a two storey dwelling at 65 Centenary Avenue Northmead be approved subject to the conditions of consent in Attachment 1 of this report. (b)      Further, that Council support the variation to Clause 38 of the PLEP 2001 under the provisions of SEPP 1. The amendment was put and carried and on being put as the motion was again carried. DIVISION   The result being: AYES          The Lord Mayor, Councillor P J Garrard and Councillors A Bide, J Chedid, A Issa, OAM, C X Lim, S D Lloyd, M D McDermott and A A Wilson. NOES           Councillors P B Barber, G J Elmore, J D Finn, M Lack, P K Maitra and L E Wearne.

10.4

SUBJECT          10 Calla Grove, Pendle Hill (Lot 18 DP 27669) (Arthur Phillip Ward) DESCRIPTION  Tree removal and the construction  of a two storey residential dwelling. Location Map - Attachment 3 REFERENCE    DA/773/2009 - Submitted 10 November 2009 APPLICANT/S   Clarendon Homes NSW Pty Ltd OWNERS           Mr G Mohan & Mrs S Janakiraman 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.

RECOMMENDATION (a)            That Council support the variation to Clause 39 of the PLEP 2001 under the provisions of SEPP 1. (b)            Further that Development Application No 773/2009 for tree removal and the construction of a two storey residential dwelling at 10 Calla Grove, Pendle Hill be approved subject to the conditions of consent in Attachment 1 of this report. NOTE:       This matter was adopted under Minute No 11323 - Council Matters To Be Adopted Without Discussion.

Reports - Major Applications

11.1

SUBJECT          4/48 George Street, Parramatta (Lot 4 SP 159) (Arthur Phillip Ward) DESCRIPTION  Section 96(1a) modification to an approved remedial massage, sports muscle injuries and bruises centre including increasing trading hours. The proposed trading hours are 10.00am to 6.30pm Monday to Wednesday, 10.00am to 8.00pm on Thursdays and 10.00am to 6.00pm on Saturdays and Sundays. REFERENCE    DA/336/2007/A - Submitted 15 January 2010 APPLICANT/S   Ms X P Shi OWNERS           Ms X P Shi REPORT OF      Manager Development Services REASON FOR REFERRAL TO COUNCIL                             The application has been referred to Council as the proposal involves remedial massage.

11327

MOTION              (Issa/Lim) That Council as the consent authority modify Development Consent No. 336/2007 under the provisions of Section 96(1A) of the Environmental Planning and Assessment Act in the following manner: Delete Condition No. 7 and reinstate the following condition: 7.    The hours of operations being restricted to 10.00am to 6.30pm Monday to Wednesday, 10.00am to 8.00pm on Thursdays and 10.00am to 6.00pm on Saturdays and Sundays. Any alterations to the above will require further development approval.        Reason:     To minimise the impact on the amenity of the area. AMENDMENT  (McDermott/Chedid) That consideration of this matter be deferred pending a further report on the economic impact and effect of the proliferation of such proposals throughout the City together with advice on how Council can mitigate such developments. The amendment was put and lost. The motion was put and carried. DIVISION   The result being: AYES           The Lord Mayor, Councillor P J Garrard and Councillors P B Barber, A Bide, G J Elmore, J D Finn, A Issa, OAM, M Lack, C X Lim, S D Lloyd, P K Maitra and L E Wearne. NOES           Councillors J Chedid, M McDermott and A Wilson.

ADJOURNMENT OF MEETING

In accordance with Council's decision of 23 October 2000 (Minute No 5712) the meeting adjourned at 8.36  pm for a period of 13 minutes.

RESUMPTION OF MEETING

The meeting resumed in the Council Chamber at 8.49 pm, there being in attendance The Lord Mayor, Councillor P J Garrard and Councillors P B Barber, A Bide, J Chedid, G Elmore, J D Finn, A Issa, OAM, M Lack, C X Lim, S Lloyd, P Maitra, M McDermott, L E Wearne and A A Wilson.

11.2

SUBJECT          28A Phillip Street, Parramatta (Lot 1 DP 105032  Pt Lots 13/14) (Arthur Phillip Ward) DESCRIPTION  To carry out alterations to the premises and use as a Thai massage centre. Location Map - Attachment 3 REFERENCE    DA/853/2009 - Submitted 4 December 2009 APPLICANT/S   P Dockput Lucey OWNERS           Mr C E Underwood REPORT OF      Manager Development Services. Also Senior Development Assessment Officer Memorandum dated 3 March 2010. REASON FOR REFERRAL TO COUNCIL                             The application is being referred to Council for determination as the application seeks approval for a massage centre.

11328

MOTION              (Chedid/McDermott) That consideration of this matter be deferred pending further information from Council’s Community and Crime Prevention Officer. AMENDMENT   (Lim/Bide) That Development Application 853/2009 to carry out alterations to the premises and use as a Thai massage centre on land at 28A Phillip Street , Parramatta be approved subject to the conditions of consent in Attachment 1 of this report. The amendment was put and carried on the Lord Mayor’s Casting Vote and on being put as the motion was again carried on the Lord Mayor’s Casting Vote. DIVISION   The result being: AYES         The Lord Mayor, Councillor P J Garrard and Councillors P B           Barber, A Bide, G J Elmore, M Lack, C X Lim and L E                      Wearne. NOES        Councillors J Chedid, J D Finn, A Issa OAM, S D                               Lloyd, P K Maitra,  M McDermott and A A Wilson.

11.3

SUBJECT          68 Hassall Street, Parramatta (Lot 14 and Lot B DP 1249) (Arthur Philip Ward) DESCRIPTION  Demolition, tree removal and construction of 10 x 2 storey townhouses over basement car parking with strata subdivision REFERENCE    DA/655/2009 - 24 September 2009 APPLICANT/S   J.M.G Makdissi Construction Pty Ltd OWNERS           J.M.G Makdissi Construction Pty Ltd REPORT OF      Manager Development Services REASON FOR REFERRAL TO COUNCIL                             The application seeks a variation to Clause 29S – Roof Design as contained within Sydney Regional Environmental Plan No. 28 – Parramatta with the variation being greater than 10%.

RECOMMENDATION (a)       That Council support the variation to Clause 29S - Roof Design             contained in Sydney Regional Environmental Plan No. 28 –             Parramatta under the provisions of SEPP 1. (b)       Further, that development application (DA/655/2009) which seeks approval for demolition of existing structures, tree removal and construction of 10 x 2 storey townhouses over basement car parking with strata subdivision be approved subject to a conditional consent as outlined in Attachment 1 of this report. NOTE:       This matter was adopted under Minute No 11323 - Council Matters To Be Adopted Without Discussion.

11.4

SUBJECT          Unit 1/132 Marsden Street, Parramatta (Lot 1 in SP30889) (Arthur Phillip Ward) DESCRIPTION  Change of use to a childcare centre and a place of public worship. REFERENCE    DA/688/2009 - lodged 8th October, 2009 APPLICANT/S   TKS Architects OWNERS           Strategic Property Holdings No. 7 Pty Ltd REPORT OF      Manager Development Services REASON FOR REFERRAL TO COUNCIL                             The development application is referred to Council for determination as the proposal includes a place of public worship.

RECOMMENDATION (a)     That Council as the consent authority grant development consent to Development Application No. 688/2009 for the change of use of Unit 1 of the ground floor of the commercial building at 132 Marsden Street, Parramatta for a period of three years from the date on the Notice of Determination subject to the conditions of consent outlined in Attachment No. 1 of this report.  (b)      Further, that the objector be advised of Council’s decision. NOTE:       This matter was adopted under Minute No 11323 - Council Matters To Be Adopted Without Discussion.

11.5

SUBJECT          73 Carlingford Road, Epping (Lot 2 DP 6837) (Lachlan Macquarie Ward) DESCRIPTION  Torrens title subdivision into 2 lots. REFERENCE    DA/804/2009 - 17 November 2009 APPLICANT/S   Land Partners Limited OWNERS           Mrs S Trujillo and Mr O Trujillo - Ramirez and Mr N P Castelblanco Rojas REPORT OF      Manager Development Services REASON FOR REFERRAL TO COUNCIL                             The application has been referred to Council as the proposal involves a 20.7% variation to Clause 38(1) of the Parramatta Local Environmental Plan 2001 – Minimum allotment size for development on battleaxe sites.

RECOMMENDATION (a)       That Council support the variation to Clause 38(1)(a) - Minimum allotment size for development on battleaxe sites contained in Parramatta Local Environmental Plan 2001 under the provisions of SEPP 1. (b)       Further, that development application (DA/804/2009) which seeks approval for the Torrens title of the subject site in to 2 lots be approved subject to a conditional consent as outlined in Attachment 2 of this report. NOTE:       This matter was adopted under Minute No 11323 - Council Matters To Be Adopted Without Discussion.

11.6

SUBJECT          Section 82A Review - 2C Factory Street Granville (Lot 2 DP1012953) (Woodville Ward) DESCRIPTION  Use of the property as a temporary carpark (2 years) for employees and visitors to the Downer EDI Rail complex at 2B Factory Street. REFERENCE    DA/518/2008 - Submitted 17 December 2009 APPLICANT/S   Downer EDI Rail Pty Ltd OWNERS           Mr A Lim REPORT OF      Manager Development Services REASON FOR REFERRAL TO COUNCIL                             The application is referred to Council as it is an application under Section 82A of the Environmental Planning and Assessment Act, 1979.

RECOMMENDATION (a)     That Council as the consent authority change its previous           determination and grant development consent to development           Application No. DA/518/2008 for the use of 2C Factory Street,           Granville for the purposes of a temporary carpark (2 years) for           employees and visitors to the Downer EDI Rail Complex, subject   to the conditions of consent contained in Attachment 1. (b)     Further, that the objectors be advised of Council’s decision. NOTE:       This matter was adopted under Minute No 11323 - Council Matters To Be Adopted Without Discussion.

11.7

SUBJECT          25 Calder Road, Rydalmere (Lot 1 in DP 21397) DESCRIPTION  Further Report - Demolition of structures, tree removal, construction of two storey dual occupancy and Torrens title subdivision into two lots. REFERENCE    DA/105/2009 - 4 March 2009 APPLICANT/S   Mr M Ahumada OWNERS           Mr J H Cho REPORT OF      Manager Development Services REASON FOR REFERRAL TO COUNCIL                             Number of submissions.

11329

MOTION              (McDermott/Chedid) That consideration of this matter be deferred for one month pending the provision of comprehensive answers to the questions raised in relation to this issue. AMENDMENT   (Issa/Bide) (a)         That Council as the consent authority, grant development consent to Development Application No. DA/105/2009 for demolition, tree removal and construction of a two storey dual occupancy development on land at 25 Calder Road, Rydalmere as shown on the approved plans, for a period of three (3) years from the date on the Notice of Determination, subject to the recommended conditions. (b)       Further, that objectors be advised of Council’s decision. The amendment was put and carried and on being put as motion was again carried. DIVISION   The result being: AYES          The Lord Mayor, Councillor P J Garrard and Councillors P B Barber, A Bide, G J Elmore, A Issa, OAM, M Lack, C X Lim, S D Lloyd, P K Maitra, L E Wearne and A A Wilson. NOES          Councillors J Chedid, J D Finn and M McDermott. Note This item was brought forward and considered prior to Item 11.1 due to the presence of interested persons in the public gallery.

11.8

SUBJECT          579 Church Street, Parramatta (Lot 1 DP 128124) DESCRIPTION  Change of use and fitout of the premises for bulky goods retailing (piano showroom) with associated signage. REFERENCE    DA/857/2009 - 08 December 2009 APPLICANT/S   Mike George Planning Pty Ltd OWNERS           Carpeteria (NSW) Pty Ltd REPORT OF      Manager Development Services REASON FOR REFERRAL TO COUNCIL                             The application has been referred to Council as the proposal involves a 64.6% variation to Clause 45(1) of the Parramatta Local Environmental Plan 2001 – Minimum floor space area for bulky goods retailing.

RECOMMENDATION (a)     That Council support the variation to Clause 45(1) - Minimum floor space area for bulky goods retailing contained in Parramatta Local Environmental Plan 2001 under the provisions of SEPP 1. (b)      Further, that development application (DA/857/2009) change of use and fit out of the premises for bulky goods (piano showroom) be approved subject to a conditional consent as outlined in Attachment 2 of this report. NOTE:       This matter was adopted under Minute No 11323 - Council Matters To Be Adopted Without Discussion.

SUSPENSION OF STANDING ORDERS

11330       RESOLVED        (Lim/Chedid)

That standing orders be suspended to enable consideration of an urgent  matter pertaining to the holding of a Civic Reception for the new Bishop of Parramatta, the most Rev. Anthony Fisher OP.

The Lord Mayor ruled that the matter was one of urgency.

1

SUBJECT          Civic Reception for the new Bishop of Parramatta, the Most Rev. Anthony Fisher OP. REFERENCE    F2004/07125 FROM                 Councillor C X Lim

11331

RESOLVED      (Lim/Chedid) (a)       That Council host a civic reception for the new Bishop of Parramatta, the Most Rev. Anthony Fisher OP, who was installed as Parramatta's newest and third Bishop on 4 March 2010. (b)       That this civic reception also recognise the recently retired Bishop of Parramatta the Most Rev. Kevin Manning DD, for his 12 years of exemplary pastoral service to Parramatta. (c) Further, that this civic reception be left in the hands of the Lord Mayor's Office.

2

SUBJECT          Use of Old Granville Police Station for Community Purposes REFERENCE    F2009/00791 FROM                 Councillor A Issa OAM

11332

MOTION             (Issa/Elmore) That Council,  through the Office of the Lord Mayor, write to the Premier, Minister for Planning and the local State MP seeking support for Council to obtain the old police station in Granville for use as a community centre, free of charge, with such property not to go to auction. The motion was put and carried on the Lord Mayor’s Casting Vote. Note Councillors P B Barber, J Chedid, S Lloyd, L E Wearne and A Wilson requested that their names be recorded as having voted against this decision. Further Note The Deputy Lord Mayor, Councillor C X Lim, assumed the Chair during consideration of this matter, but not during voting, to enable the Lord Mayor, Councillor P J Garrard to participate in debate.

3	SUBJECT          Female Employee Numbers REFERENCE    F2009/01127 FROM                 Councillor P Maitra
11333	RESOLVED      (Maitra/Lack) That Council submit a report on the number of female staff employed at all levels within Council and outline what steps are being taking to minimise any disparity that may exist.

RESUMPTION OF STANDING ORDERS

11334        RESOLVED       (Barber/Elmore)

That Standing Orders be resumed.

Notices of Motion

12.1

SUBJECT          Telopea Department of Housing REFERENCE    F2007/02152 - D01461018 FROM                 Councillor J Chedid

11335

MOTION              (Chedid/Wilson)  That the following motion be considered as part of any submission made by Council in respect of this matter:-  “(a)   That Council make representations to the Minister of Public Housing on behalf of the local community of Telopea and Dundas outlining the issues of concern regarding the Department of Housing plan in Telopea. (b)     That the Department of Housing be requested to apply the following conditions when dealing with this DA;  The provision of additional infrastructure, extra social services, recreational open space along with the essential amenities such as medical centres, adequate public transport and police services in the local area. (c)     That local affected residents be updated on the progress of the plan and a relocation plan be put in place in that transition period.  (d)     That the Department ensure the proposed mixed development accommodates young families moving in the area along with senior citizens.  (e)     Further that, it be noted that:- 1.    There is currently insufficient housing supply for young families in the area.  2.    Council is fortunate to have Telopea public school in the local area which provides a great service to the local community and which is suitable for young families. 3.    Parramatta Council has contributed over $150,000 over the last 3 years on Sturt Park for open spaces to make it an attractive place for young families.” AMENDMENT   (Barber/Maitra) That consideration of this matter be deferred to the Council Meeting to be held on 22 March 2010 pending the report to be received from staff on this issue. The amendment was put and lost. The motion was put and carried.

12.2

SUBJECT          Parramatta Council's Support for the Army, Naval and Air Force Reserves REFERENCE    F2009/01920 - D01462405 FROM                 Councillor A A Wilson

11336

RESOLVED       (Wilson/Chedid) That Parramatta City Council prepare a report that will support part time employment in the Reserves. Matters to be included:- (1)   The Reserves being invited to place recruiting material on Council property. (2)     In conjunction with the Army, Naval and Air Force Reserves, an           open day be conducted each year. (3)     A full costing for implementation of any action proposed in the           report.

12.3

SUBJECT          Naming of a Road in Dhaka, Bangladesh in Honour of Australian National - Late A W S Ouderland REFERENCE    F2006/00231 - D01464733 FROM                 Councillor P K Maitra

11337

RESOLVED       (Maitra/Wilson) (a)      That Council receives the report on the naming of a Road in Dhaka, Bangladesh after an Australian, the Late AWS Ouderland who fought the liberation war in Bangladesh. (b)      Further, that Council formally thanks the Mayor of Dhaka City Corporation by issuing a letter of thanks by the Lord Mayor. The letter to be copied to the High Commissioner of Australia in Bangladesh, Bangladesh High Commissioner in Australia and the Australian Minister of Foreign Affairs.     Note Councillor P B Barber retired from the meeting at 10.14 pm during consideration of this matter.

CLOSED SESSION
11338	RESOLVED       (Wilson/Lim) Members of the press and public be excluded from the meeting of the Closed Session and access to the correspondence and reports relating to the items considered during the course of the Closed Session be withheld. This action is taken in accordance with Section 10A(2) of the Local Government Act, 1993 as the items listed come within the following provisions:-

1       Tender 43/2009 Parramatta-Blacktown Cycleway, Toongabbie - Stage 2A - Station Road, Toongabbie - Construction of a Concrete Cycleway, Pedestrian Refuge and Associated Civil and Landscape Works.. (D01447697) - 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.

2       Legal Matters Monthly Report to Council. (D01463107) - 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.

3       Extension of Existing Contract (Tender No. 11/2006) Management of Multi Level Car Parking Stations (MLC's) at Wentworth Street, Erby Place, Hunter Street and Horwood Place, Parramatta.. (D01463945) - 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.

4       Legal Matter - Class 1 Proceedings - 16 Muriel Avenue, Rydalmere - This report is confidential in accordance with section 10A (2) (g) of the Local Government act 1993 as the report contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

RESUMPTION OF MEETING
	That the decisions of Closed Session be noted as follows:-

13.1

SUBJECT          Tender 43/2009 Parramatta-Blacktown Cycleway, Toongabbie - Stage 2A - Station Road, Toongabbie - Construction of a Concrete Cycleway, Pedestrian Refuge and Associated Civil and Landscape Works. REFERENCE    F2009/02954 - D01447697 REPORT OF      Supervisor - Project Management

11339

RESOLVED       (Lim/Issa) (a)       That the tender submitted by KK Civil Engineering Pty Ltd for the construction of a concrete cycleway, pedestrian refuge and associated civil and landscape works at Station Road, Toongabbie for the sum of $203,849.00 (excluding GST) be accepted. (b)       That all unsuccessful tenderers be advised of Council’s decision in this matter. (c)        Further, that the Lord Mayor and Chief Executive Officer be given delegated authority to execute and affix the Common Seal of Council to the necessary documents.

13.2	SUBJECT          Legal Matters Monthly Report to Council REFERENCE    F2004/07898 - D01463107 REPORT OF      Manager Development Services
11340	RESOLVED       (Lim/Issa) That the report be received and noted.

13.3

SUBJECT          Extension of Existing Contract (Tender No. 11/2006) Management of Multi Level Car Parking Stations (MLC's) at Wentworth Street, Erby Place, Hunter Street and Horwood Place, Parramatta. REFERENCE    F2006/00709 - D01463945 REPORT OF      Service Manager Capital Projects. Also Group Manager City Services Memorandum dated 4 March 2010.

11341

RESOLVED       (Lim/Issa) (a)     That the Secure Parking Contract to S and K Car Park           Management Pty Ltd (Secure Parking) be extended for a further           one year period from 1 May 2010 to 30 April 2011. (b)     Further, that the Lord Mayor and Chief Executive Officer be given           delegated authority to execute and affix the Common Seal of           Council to the necessary documents.

13.4

SUBJECT          Legal Matter - Class 1 Proceedings - 16 Muriel Avenue, Rydalmere REFERENCE    F2009/02570 FROM                 General Counsel

11343

RESOLVED      (Wearne/Bide) That having regard to the low success prospects (and risk of a costs order being made if requested by the applicant), Council endorse steps be taken to settle the Class 1 proceedings for the Application on the following basis:- 1.      Negotiations begin with the applicant with a view to the parties           entering into consent orders that adopt conditions of consent in the           form attached to General Counsel Memorandum dated 5 March           2010 which have been filed with the Court subject to such  minor           amendments considered reasonably necessary by Group Manager           Outcomes and Development and General Counsel. 2.      Any other settlement terms considered reasonably necessary that do not authorise any intensification of the use of the premises     beyond what is sought in the applications.

The meeting terminated at 10.22 pm.

THIS PAGE AND THE PRECEDING 21 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON MONDAY, 8 MARCH 2010 AND CONFIRMED ON MONDAY,  22 MARCH 2010.

Lord Mayor