MINUTES OF THE Meeting of Parramatta City Council HELD IN THE Council Chambers, CIVIC PLACE, PARRAMATTA ON Monday, 12 April 2010 AT 6:48 pm

PRESENT

The Deputy Lord Mayor, Councillor C X Lim in the Chair and Councillors P B Barber (arrived 6.51 pm and retired 8.00 pm), A Bide, G J Elmore, P Esber, J D Finn, A Issa, OAM, M A Lack, S D Lloyd (arrived 6.50 pm), P K Maitra, M D McDermott, L E Wearne (arrived 6.51 pm) and A A Wilson.

ACKNOWLEDGEMENT TO TRADITIONAL LAND OWNERS

The Deputy Lord Mayor, Councillor C X Lim 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 March 2010

11371        RESOLVED       (Esber/Bide)

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

APOLOGIES

11372        RESOLVED       (Esber/Issa)

An apology was received and accepted for the absence of the Lord Mayor, Councillor P J Garrard and Councillor J Chedid.

NOTE:        The Chamber requested that a Get Well Card be sent to the Lord Mayor.

DECLARATIONS OF INTEREST

There were no declarations of interest at this Council (Development) Meeting.

NOTE:     Councillor S D Lloyd arrived at the meeting at 6.50 pm during consideration of this matter.

LORD MAYORAL MINUTES

1

SUBJECT          Film Premier of 'Missing Water' at Riverside Theatres REFERENCE    F2006/00973 FROM                 The Lord Mayor, Councillor P J Garrard

11373

RESOLVED      (Lim/Wilson) (a)      That Council write to Khoa Do to congratulate him on his outstanding achievements and wish him well on the premier of his latest film ‘Missing Water’. (b)      That Council publicly congratulate Khoa Do by media release on his outstanding achievements and thank him for his contribution to the local community. (c)       That Council contribute $1500 towards the film premier of ‘Missing Water’ at the Riverside Theatres. (d)      Further, that Councillors be invited to attend the premier of ‘Missing Water’ on 29 April 2010. NOTE: Councillors P B Barber and L E Wearne arrived at the meeting at 6.51 pm during consideration of this matter.

PETITIONS

1	SUBJECT          Objection to proposed Reduction in Development in Draft LEP REFERENCE    F2020/00265 FROM                 J and J Rahme and others
11374	RESOLVED      (Issa/Bide) That the petition be received and referred to the appropriate officer for consideration in the assessment of this issue.

2	SUBJECT          Proposed Rezoning of Pemberton Street, Parramatta REFERENCE    F2010/00265 – D01508461 FROM                 Residents of Pemberton Street, Parramatta
11375	RESOLVED       (Lack/Elmore) That the petition be received and referred to the appropriate officer for consideration in conjunction with the LEP process. NOTE:       It was noted that Councillor G Elmore also tabled an identical petition.

Economy and Development

7.1	SUBJECT          Functions Delegated to the Chief Executive Officer related to the Determination of Development Applications REFERENCE    F2004/06472 - D01493291 REPORT OF      Group Manager Outcomes and Development
11376	RESOLVED       (Bide/Wearne) That consideration of this matter be deferred to the Council Meeting to be held on 27 April 2010.

7.2	SUBJECT          Variations to Standards under SEPP 1 REFERENCE    F2009/00431 - D01494152 REPORT OF      Manager Development Services
11377	RESOLVED       (Elmore/Issa) That the report be received and noted.

7.3

SUBJECT          2 Morton Street Parramatta REFERENCE    F2005/01017 - D01496508 REPORT OF      Senior Project Officer

11378

MOTION              (Bide/Lack) (a) “That Council adopt a revised draft Voluntary Planning Agreement (VPA) of which the key elements are as follows: (i)        That the cash contribution by the proponent for a pedestrian bridge be increased from $1,500,000 to $1,750,000 as offered, such increase being funded by the removal of some of the works- in-kind from the foreshore improvements referred to in paragraph 3 of this report and in addition; (ii)       That Council’s contribution to the pedestrian bridge be limited to a maximum of $1,250,000, assuming the final cost of the pedestrian bridge is $3,000,000.  (b)      That Council exhibit the draft VPA along with the Planning Proposal and stand alone draft DCP for the land, should the proponent agree to Council’s adopted position above. (c)       Further, that the proponent be advised of Council’s decision. AMENDMENT   (Finn/Maitra) (a)   “That Council adopt a revised draft Voluntary Planning Agreement (VPA) of which the key elements are as follows: (i)        That the cash contribution by the proponent for a pedestrian bridge be increased from $1,500,000 to $3,000,000, such increase being funded by the redirection of works- in-kind from the foreshore improvements as referred to in paragraph 3 of this report.” (b)      That Council exhibit the draft VPA along with the Planning Proposal and stand alone draft DCP for the land, should the proponent agree to Council’s adopted position above. (c)       Further, that the proponent be advised of Council’s decision. FORESHADOWED AMENDMENT   (Issa/Esber) That Council officers give further consideration to this matter with a view to the floor space ratio being increased to  enable the proponent to fully construct the pedestrian bridge. The amendment was put and  lost. The foreshadowed amendment became the amendment and was put and carried and on being put as the motion was again carried. DIVISION    The result being: AYES          The Deputy Lord Mayor, Councillor C X Lim and Councillors A Issa, OAM, S D Lloyd, M D McDermott, P K Maitra, L E Wearne and A A Wilson. NOES         Councillors P B Barber, A Bide, G J Elmore, P Esber, J D Finn and M Lack. Note A notice of motion to rescind this decision was submitted on 15 April 2010.

7.4	SUBJECT          Further Report - Telopea Urban Renewal Project, Telopea - Part 3A Project REFERENCE    NCA/1/2010 - D01496050 REPORT OF      Senior Development Assessment Officer
11379	RESOLVED       (Esber/McDermott) That the submission as proposed in Senior Development Assessment Officer Memorandum dated 9 April 2010 be adopted as the final submission.

SUSPENSION OF STANDING ORDERS

11380        RESOLVED       (Esber/Wilson)

That Standing Orders be suspended to enable consideration of an urgent motion seeking an advertising campaign in relation to the LEP.

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

1

SUBJECT          Advertising of the LEP REFERENCE    F2008/02904 FROM                 Councillor P Esber

11381

RESOLVED       (Esber/Wilson) (a)      That Council undertake an advertising campaign involving the placement of advertisements in the local press, ensuring that all wards are covered, in the forthcoming 2 weeks to ensure as much public response to the LEP is received as possible. (b)      Further, that the advertisements referred to in (a) above contain an extension of the LEP exhibition period of 2 weeks. NOTE:       Councillor P B Barber retired from the meeting at 8.00 pm during consideration of this matter.

11382       RESOLVED        (Finn/Maitra)

That Standing Orders continue to be suspended to enable the consideration of an urgent motion pertaining to the recent fire at the Salvation Army Store.

2	SUBJECT          Recent Fire at Salvation Army Store REFERENCE    F2004/06745 FROM                 Councillor J D Finn
11383	RESOLVED       (Finn/Maitra) That Council donate $5000 to the Salvation Army, which matches the recent State Government donation, following the recent fire at the Salvation Store in North Parramatta with the CEO to allocate an appropriate account.

RESUMPTION OF STANDING ORDERS

11384        RESOLVED       (Bide/Issa)

That Standing Orders be resumed.

Community and Neighbourhood

8.1	SUBJECT          Graffiti Action Day REFERENCE    F2009/02521 - D01499440 REPORT OF      Community Crime Prevention Officer
11385	RESOLVED       (McDermott/Bide) That Council receive and note this report.

DEVELOPMENT APPLICATIONS TO BE ADOPTED WITHOUT DISCUSSION

11386        RESOLVED       (Esber/Bide)

That Items 11.1, 11.2, 11.3, 11.4 and 11.5 of Domestic Applications for the Council Meeting to be held on 12 April 2010 be adopted unanimously in accordance with the Officer’s Recommendation subject to an additional condition for Item 11.5 requiring that only domesticated animals be used in the circus.

DIVISION    The result being:

AYES           Councillors A Bide, 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:        Councillor A Bide requested that a copy of the Circus Policy be forwarded to all Councillors.

Reports - Domestic Applications

11.1

SUBJECT          15 Yimbala Street, Rydalmere (Lot 5 DP 215699) (Elizabeth Macarthur Ward) DESCRIPTION  Alterations and additions to a dwelling house including construction of ground and first floor additions. REFERENCE    DA/53/2010 - Submitted 2 February 2010 APPLICANT/S   Mr G M Bayeh and Mrs D Bayeh OWNERS           Mr G M Bayeh and Mrs D Bayeh 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.

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 53/2010 for alterations and additions to a dwelling house including ground and first floor additions at 15 Yimbala St reet, Rydalmere be approved subject to the conditions of consent in Attachment 1 of this report. NOTE:        This matter was adopted under Minute No 11386 – Council Matters To Be Adopted Without Discussion.

11.2

SUBJECT          59A Isabella Street, North Parramatta LOT 22 DP 856857 (Elizabeth Macarthur Ward) DESCRIPTION  Demolition and construction of a single storey dwelling. REFERENCE    DA/758/2009 - Submitted 2nd November 2009 APPLICANT/S   Eden Brae Projects OWNERS           Mr D F Nheu & Ms Y Nheu REPORT OF      Manager Development Services REASON FOR REFERRAL TO COUNCIL                             The proposal seeks a SEPP 1 Variation of greater than 10% to Clause 38 ‘Minimum allotment sizes’ in Parramatta Local Environmental Plan 2001.

RECOMMENDATION (a)       That Council support the variation to Clause 38 of the PLEP 2001 under the provisions of SEPP 1. (b)       Further, that Development Application No: 758/2009 for demolition, tree removal and construction of single storey dwelling at 59A Isabella Street, North Parramatta be approved subject to the conditions of consent in Attachment 1. NOTE:        This matter was adopted under Minute No 11386 – Council Matters To Be Adopted Without Discussion.

11.3

SUBJECT          59 Ross Street, North Parramatta (Lot 1 DP 965118) (Arthur Phillip Ward) DESCRIPTION  Demolition of garage and erection of a granny flat and attached carport REFERENCE    DA/740/2009 - 26 October 2009 APPLICANT/S   Byron Stanley Joseph Fernando OWNERS           Byron Stanley Joseph Fernando and Saara Hannele Fernando REPORT OF      Manager Development Services REASON FOR REPORT TO COUNCIL                             An owner of the subject site is a Council employee. The application has been assessed by an independent planning consultant.

RECOMMENDATION (a)      That Council as the consent authority, grant development consent to Development Application No. DA/740/2009 for the demolition of a garage and       erection of a granny flat at 59 Ross Street, North Parramatta, as shown on   the approved plans, subject to the recommended conditions. (b)     Further, that the objector be advised of Council’s decision on the matter. NOTE:        This matter was adopted under Minute No 11386 – Council Matters To Be Adopted Without Discussion.

11.4

SUBJECT          Lot 67 DP 270075 25 Mangalore Drive, Winston Hills (Caroline Chisholm) DESCRIPTION  Construction of a two storey dwelling. REFERENCE    DA/902/2009 - 22 December 2009 APPLICANT/S   CSB PTY LTD OWNERS           Ms J Hanna and Ms Y N Nath 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’ and Clause 40 ‘Floor Space Ratios for Development’ in Parramatta Local Environmental Plan 2001.

RECOMMENDATION (a)      That Council support the variation to Clause 38 and Clause 40 of the PLEP 2001 under the provisions of SEPP 1. (b)      Further, that Development Application No. 902/2009 for the construction of a two storey dwelling on land at 25 Mangalore Drive, Winston Hills be approved subject to conditions of consent in Attachment 1 of this report. NOTE:        This matter was adopted under Minute No 11386 – Council Matters To Be Adopted Without Discussion.

11.5

SUBJECT          Lots 231-234, 242-245, 249-253 in DP 752058, Granville Park (Pk 24), 188 Woodville Road & 2 Montrose Avenue, Merrylands (Woodville Ward) (Location Map - Attachment 2) DESCRIPTION  Temporary use for a circus REFERENCE    DA/81/2010 - 12 February 2010 APPLICANT/S   Webers Pty Ltd OWNERS           Department of Lands in Parramatta City Council's care, control and management REPORT OF      Manager Development Services REASON FOR REFERRAL TO COUNCIL                             The subject site is under Council’s care, control and management. An independent planning consultant has been engaged to carry out the assessment of the application.

RECOMMENDATION That Council as the consent authority, grant development consent to Development Application No. DA/81/2010 for the temporary use of Granville Park for a circus at 188 Woodville Road and 2 Montrose Avenue, Merrylands, as shown on the approved plans, subject to the conditions contained within attachment 1 of this report. NOTE:        This matter was adopted under Minute No 11386 – Council Matters To Be Adopted Without Discussion (subject to the additional condition identified in Minute No. 11386 relating to the use of domesticated animals only) .

11.6

SUBJECT          11 Lowe Street, Merrylands (Lot X DP 402254) (Woodville Ward) DESCRIPTION  Change of use to a medical centre (Psychology & counselling practice) with associated signage. REFERENCE    DA/846/2009 - 2 December 2009 APPLICANT/S   Ms C Hirst OWNERS           CPM Developments Pty Ltd REPORT OF      Manager Development Services REASON FOR REFERRAL TO COUNCIL                             The development application is referred to Council for determination as one petition with 12 signatures objecting to the proposal was received.

11387

RESOLVED       (Issa/Bide) (a)       That Council as the consent authority grant development consent to Development Application No. DA/846/2009 for use of the existing premises as a medical centre (Psychology and counselling practice) with associated signage at 11 Lowe Street, Merrylands for a period of three (3) years from the date on the Notice of Determination subject to conditions of consent outlined in Attachment No.1 of this report. (b)       Further, that objector’s be advised of Council’s decision. DIVISION    The result being: AYES          Councillors A Bide, G J Elmore, P Esber, J D Finn, A Issa, OAM, M A Lack, C X Lim, S D Lloyd, P K Maitra, M D McDermott, L E Wearne and A A Wilson. NOES        None.

ITEMS TO BE BROUGHT FORWARD

Due to the number of interested persons in the gallery, Item Nos 12.1, 12.3 and 12.5 of Major Applications were brought forward and considered at this point in the meeting.

Reports - Major Applications

12.1

SUBJECT          36 Charles Street, Parramatta (Port Bar) (Lot 1 in DP869828) (Arthur Phillip Ward) DESCRIPTION  Section 96(1A) application to an approved viewing platform, outdoor eating cafeteria and amenities. Consent is sought to delete Condition 18 (relating to public access to the toilets) of the consent issued on 13th September, 1995. REFERENCE    DA/559/1995/B - Submitted 4 February 2010 APPLICANT/S   Micorp Property OWNERS           T.N.T Issa Investment Group Pty Ltd REPORT OF      Manager Development Services REASON FOR REFERRAL TO COUNCIL                             The proposal is referred to Council as the proposed deletion of Condition 18 relates to an issue where there was some degree of public interest when it was initially imposed.

11388

MOTION              (Bide/Wearne) (a)      That Condition 18 of Development Consent No. 559/1995 be deleted. (b)      Further, that Sydney Ferries be advised in writing of Council’s decision. The motion was put and lost. DIVISION    The result being: AYES          Councillors A Bide, A Issa, OAM, L E Wearne and A A Wilson. NOES         Councillors G J Elmore, P Esber, J D Finn, M A Lack, C X Lim, S D Lloyd, P K Maitra and M D McDermott. FURTHER MOTION    (Wilson/Finn) (a)      That the application to delete the condition be refused on the grounds of public interest as the condition was imposed on the owner when the property was purchased and the signage relating to the toilets be reinstated. (b)      That Council request the State Government to provide toilet facilities on their own land for the ferry. (c)       Further, that the applicant be provided with the State Government’s response when received. AMENDMENT   (Maitra) That the application be refused. The amendment lapsed due to the want of a seconder. The further motion was put and carried. DIVISION       The result being: AYES             Councillors G J Elmore, P Esber, J D Finn, C X Lim, S D Lloyd, M D McDermott and A A Wilson. NOES            Councillors A Bide, A Issa, OAM, M A Lack, P K Maitra and L E Wearne. NOTE:        This matter was considered immediately after the adjournment of the meeting (Items 12.1, 12.3 and 12.5 having been brought forward). FURTHER NOTE:       A Notice of Motion to rescind this decision was submitted on 15 April 2010.

12.2

SUBJECT          Section 82A Review of Determination - 91 Blaxcell Street, Granville (Lot 1 DP 128854) (Woodville Ward) DESCRIPTION  Demolition of a fire damaged heritage listed dwelling and construction of a 2 storey attached dual occupancy development with Torrens title subdivision. REFERENCE    DA/532/2009 - S82A Application APPLICANT/S   B Habib OWNERS           B Habib 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 of DA/523/2009.

11389

RESOLVED       (Issa/Elmore) (a)       That Council change its previous determination and approve Development Application 532/2009 for the demolition of a fire damaged heritage listed dwelling and construction of a 2 storey attached dual occupancy development with Torrens title subdivision at 91 Blaxcell Street, Granville subject to the conditions of consent in Attachment 1 of this report. (b)       That Council issue an order to demolish the fire damaged dwelling. (c)       Further, that the objectors be advised of Council’s decision. DIVISION       The result being:- AYES             Councillors A Bide, G J Elmore, P Esber, J D Finn, A Issa, OAM, M A Lack, C X Lim, S D Lloyd, P K Maitra and  L E Wearne. NOES            Councillor M D McDermott. NOTE:         1            Councillor A A Wilson left the meeting at 8.14 pm during consideration of this matter.                      2            Councillor L E Wearne left the meeting at 8.22 pm following consideration of this matter.

12.3

SUBJECT          2/34 Waratah Street Melrose Park (Lot 2 SP 33610) (Lachlan Macquarie ward) DESCRIPTION  Occupation and fitout for the purposes of a mortuary. REFERENCE    DA/909/2009 - Submitted 23 December 2009 APPLICANT/S   Zaly Pty Ltd (TJ Andrews Funeral Services) OWNERS           Mr G Moses REPORT OF      Manager Development Services REASON FOR REFERRAL TO COUNCIL                              Number of submissions.

11390

RESOLVED       (Esber/McDermott) That consideration of this matter be deferred to the next Council Meeting (development) pending the provision of photos of the premises. DIVISION       The result being:- AYES             Councillors G J Elmore, P Esber, J D Finn, C X Lim, S D Lloyd, M D McDermott , P K Maitra and A A Wilson. NOES            Councillors A Bide, A Issa, OAM and M A Lack. NOTE:                    Councillor A A Wilson returned to the meeting at 8.23 pm during consideration of this matter.

12.4

SUBJECT          8 Brodie Street Rydalmere (Lot 164 DP 14244) (Elizabeth Macarthur Ward) DESCRIPTION  Change of use and fitout for the purposes of a brothel with 6 client service rooms and 6 sex workers. REFERENCE    DA/680/2009 - Submitted 2 October 2009 APPLICANT/S   JND Architectural Services OWNERS           Balzan Group Pty Ltd & NA Merchant Pty Ltd REPORT OF      Manager Development Services REASON FOR REFERRAL TO COUNCIL                             The application relates to a brothel.

11391

RESOLVED       (Wearne/Issa) (a)      That Council as the consent authority refuse Development Application No. 680/2009 which seeks approval for a brothel at 8 Brodie Street Rydalmere for the following reasons: 1.      The development is inconsistent with the objectives of the Trade and Industry Support zone as the development fails to comply with the requirement that proposed brothels be situated at least 100m away from existing brothels. Allowing the clustering of sex industry premises or facilitating the potential for the future clustering of sex industry premises within the Trade and Industry Support zone would not be consistent with the zone objectives.      2.      The development fails to satisfy the requirements of Clause 79 – ‘Brothels’ of Sydney Regional Environmental Plan No. 28 as the brothel will have a negative economic impact on the adjoining mechanical workshop. 3.      The development is contrary to the desired future character of the area as set out by the requirements of Clause 40U – ‘The Rydalmere Station and Environs Special Area’ of Sydney Regional Environmental Plan No. 28. 4.      The development fails to comply with the requirements of Council’s DCP for Sex Services and Restricted Premises as the site is located less than 100m from the approved brothel at No. 22 Brodie Street. 5.      The development is contrary to the public interest and would set a negative precedent as if fails to satisfy the requirements of Council’s DCP for Sex Services and Restricted Premises. 6.      The development is contrary to the requirements of Part 6.2 ‘Sex Services provisions’ of the Draft Parramatta Local Environmental Plan 2010 as the site of the brothel is within 20m of a recreation area. (b)       Further, that the objectors be advised of Council’s decision. DIVISION          The result being:- AYES                Councillors A Bide, G J Elmore, P Esber, J D Finn, A Issa, OAM, M A Lack, C X Lim, S D Lloyd, P K Maitra, M D McDermott, L E Wearne and A A Wilson. NOES               None. NOTE:       This matter was considered after the adjournment of the meeting (Items 12.1, 12.3 and 12.5 having been brought forward).

12.5

SUBJECT          281 Guildford Road, Guildford (Lots B & C DP 103330) (Woodville Ward) DESCRIPTION  Change of use and fitout for the purposes of a Tattoo and Body Piercing Studio. REFERENCE    DA/880/2009 - Submitted 17 December 2009 APPLICANT/S   Mr R Elkrinna OWNERS           Mrs A Malamas REPORT OF      Manager Development Services REASON FOR REFERRAL TO COUNCIL                             The application is for a Tattoo and Body Piercing Studio.

11392

MOTION              (Elmore/McDermott) That the application be refused as the proposal is not appropriate in a neighbourhood strip. AMENDMENT   (Bide/Wearne) (a)  That Council as the consent authority grant development consent to Development Application No. 880 for, ‘Change of use and fitout for the purposes of a Tattoo and Body Piercing Studio’ on land at 281 Guildford Road, Guildford with a lapsing period of three (3) years from the date on the Notice of Determination subject to the conditions contained within Attachment 1 subject to condition 25 being altered to read:- “(25) The hours of operation are restricted to 9 am to 7 pm daily. Reason:   To protect the amenity of the area.” (b)     Further, that the objectors be advised of Council’s decision. FORESHADOWED AMENDMENT   (Finn/Esber) (a)      That Council as the consent authority grant development consent to Development Application No. 880 for, ‘Change of use and fitout for the purposes of a Tattoo and Body Piercing Studio’ on land at 281 Guildford Road, Guildford with a lapsing period of three (3) years from the date on the Notice of Determination subject to the conditions contained within Attachment 1 subject to the addition of an additional condition requiring the installation of autoclaving equipment and an alteration to condition 25 to now read:- “(25) The hours of operation are restricted to 9am to 7pm daily. Reason:   To protect the amenity of the area.” (b)     Further, that the objectors be advised of Council’s decision. The amendment was put and carried and became the motion. The foreshadowed amendment became the amendment and was put and lost on the Chairman’s Casting Vote. The motion (which was originally the amendment) was put and carried on the Chairman’s Casting Vote. DIVISION          The result being:- AYES                Councillors A Bide, A Issa, OAM, M A Lack, S D Lloyd, C                           X Lim and L E Wearne. NOES               Councillors G J Elmore, P Esber, J D Finn, P K Maitra, M D McDermott and A A Wilson. NOTE:             Councillor L E Wearne returned to the meeting at 8.29 pm during consideration of this matter.

ADJOURNMENT OF MEETING

In accordance with Council's decision of 23 October 2000 (Minute No 5712) the meeting adjourned at 8.49  pm for a period of 13 minutes.

RESUMPTION OF MEETING

The meeting resumed in the Council Chamber at 9.04 pm, there being in attendance The Deputy Lord Mayor, Councillor C X Lim and Councillors A Bide, G Elmore, P Esber, J D Finn, A Issa, OAM, M A Lack, S D Lloyd, M D McDermott, P K Maitra, L E Wearne and A A Wilson.

NOTE:           Item Nos 1 and 4 of Major Applications were considered immediately after the resumption of the meeting.

Notices of Motion

13.1

SUBJECT          Smoking Ban REFERENCE    F2004/09820 - D01493449 REPORT OF      Councillor M D McDermott

MOTION              (McDermott) (a)      That Parramatta City Council take the necessary actions to implement a smoking ban in all outdoor dining areas, Children’s play grounds, Sports fields, pools and sporting facilities, within the Parramatta LGA from 1^st of November 2010. (b)       Further, that Council staff prepare a report outlining:- 1          An appropriate strategy for the implementation of this policy and ban by 1^st of November 2010; 2          The cost implications of the implementation of this policy; 3          The community health benefits of the implementation of such a ban; 4          How Parramatta can adhere to the recommendations of the Australian Heart Foundation and the Australian Cancer Council to implement a best practice policy and ban; 5          A strategy to ban smoking around all council buildings and facilities; 6          Any other relevant factors to achieve a best practice and effective smoking ban by 1^st November 2010. The motion lapsed through the want of a seconder.

13.2

SUBJECT          US Flag Raising Ceremony REFERENCE    F2004/06854 - D01498323 REPORT OF      Councillor A A Wilson

11393

MOTION              (Wilson/Bide) (a)      That a report be prepared that investigates, in association with the United States Consulate in Sydney, the conducting of a United States flag raising ceremony on an appropriate day to strengthen the relationship between Australia and the United States. (b)      That this ceremony be in the same manner as the Parramatta City Council ceremony for the Vietnamese National Day. (c)       Further, that as part of the report requested in (a) above, advice be included on all flag raising ceremonies held by Council including the origin of each ceremony, cost of holding such ceremony and approximate number of attendees at each ceremony. The motion was put and carried on the Chairman’s Casting Vote.

CLOSED SESSION 12 April 2010
11394	RESOLVED       (Wilson/Bide) 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 7/2010 Parramatta-Blacktown Cycleway - Goliath Avenue, Winston Hills - Shared Cycleway - Construction of a Concrete Cycleway and Associated Civil and Landscape Works.. (D01484580) - 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       Tender 8/2010 Granville Park Detention Basin - Construction of Retaining Walls, Outlet Structure, Mounds and Associated Works.. (D01489199) - 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.

3       Legal Matters Monthly Report to Council. (D01496361) - 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.

NOTE:        Councillor L E Wearne left the meeting at 10.11 pm during consideration of this matter and returned at 10.23 pm during Closed Session.

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

Closed Session

14.1

SUBJECT          Tender 7/2010 Parramatta-Blacktown Cycleway - Goliath Avenue, Winston Hills - Shared Cycleway - Construction of a Concrete Cycleway and Associated Civil and Landscape Works. REFERENCE    F2010/00358 - D01484580 REPORT OF      Supervisor - Project Management

11395

RESOLVED       (Esber/Bide) (a)       That the tender submitted by The Glascott Group Pty Ltd for the construction of a shared concrete cycleway and associated civil and landscape works along Goliath Avenue, Winston Hills for the sum of $155,755.95 (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.

14.2

SUBJECT          Tender 8/2010 Granville Park Detention Basin - Construction of Retaining Walls, Outlet Structure, Mounds and Associated Works. REFERENCE    F2010/00360 - D01489199 REPORT OF      Supervisor - Project Management

11396

RESOLVED       (Esber/Bide) (a)       That the tender submitted by Athassel Excavations Pty Ltd for the construction of retaining walls, outlet structure, mounds and associated works at Granville Park for the sum of $212,743.50 (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.

14.3	SUBJECT          Legal Matters Monthly Report to Council REFERENCE    F2004/07898 - D01496361 REPORT OF      Manager Development Services
11397	RESOLVED       (Esber/Bide) That the report be received and noted.

QUESTION TIME

1	SUBJECT          Our Lady of Lebanon Inaugural Gala Fundraising Dinner being held at the Waterview Convention Centre, Sydney Olympic Park REFERENCE    F2006/00973 FROM                 Councillor P Esber
11398	Councillor Esber referred to the subject function to be held this Friday night and suggested that any vacant seats for the event be offered to Council staff.

2

SUBJECT          On-Site Meeting - 171-187 Parramatta Road, 58-60 Victoria Street, Granville REFERENCE    DA/76/2010 FROM                 Councillor G Elmore

11399

Councillor Elmore referred to the subject on site meeting to be held on Saturday 17 April 2010 and noted that the development application for the site was to be considered by the Joint Regional Planning Panel. He questioned what input Councillors and staff could have at the on site meeting if Council was not the consent authority. The Group Manager Outcomes and Development advised that Council had previously resolved to hold on site meeting for such applications. In addition, Council staff were still part of the assessment process. The Group Manager Outcomes and Development added that Councillors could lodge a notice of motion to alter the relevant policy for on site meetings if it desired.

3

SUBJECT          Voting En Masse on Development Applications REFERENCE    F2008/04890 FROM                 Councillor G Elmore

11400

Councillor Elmore referred to the Council’s practice of adopting Development Applications en masse subject to the notification of those items wished to be discussed by midday on the day of the meeting. Councillor Elmore noted that Councillors must not indicate which way they intended to vote prior to the meeting and questioned the legality of Council’s process. The Deputy Lord Mayor advised that Council had received a legal advice on this issue and indicated that a copy would be provided to all Councillors.

4

SUBJECT          Recovery of Costs Associated with Development Applications Determined by the Joint Regional Planning Panel (JRPP) REFERENCE    F2008/04890 FROM                 Councillor A Bide

11401

Councillor Bide sought advice as to whether Council had any cost recovery arrangement with the JRPP. The Group Manager Outcomes and Development advised that Council received the development application fees for applications falling within the Parramatta LGA. Councillor Bide further questioned whether persons making submissions in relation to applications to be considered by the JRPP should make such submissions via the Department of Planning. The Group Manager Outcomes and Development advised that the only submissions that should not be made to Council related to Part 3A developments as in such instances, Council’s policies and plans did not apply.

5	SUBJECT          Parramasala Business Cards and Website REFERENCE    F2004/09864 FROM                 Councillor S Lloyd
11402	Councillor Lloyd sought advice as to who paid for the business cards issued by Parramasala and for the Parramasala website.

6	SUBJECT          Flourescent Lighting - Brothels at 1 Nirvana Street and Ballandella Road, Pendle Hill REFERENCE    F2004/06790 FROM                 Councillor S Lloyd
11403	Councillor Lloyd sought advice on the controls relating to the placement of fluorescent lights outside brothels and requested that staff investigate the lights in existence outside the subject premises.

7

SUBJECT          17-19 Fitzgerald Road, Ermington - Building Site REFERENCE    DA/836/2007/A FROM                 Councillor L E Wearne

11404

Councillor Wearne referred to the subject building site and noted the dangerous situation that existed due to the many truck movements at this location. In addition, the road condition was in a poor condition and was suffering erosion. Councillor Wearne understood that the owners had been directed to take remedial action however, this had not occurred to a satisfactory level. Councillor Wearne requested that staff investigate why the roadway had not been fixed and whether it was possible to utilise any bond received to undertake the works.

The meeting terminated at 10.31 pm.

RESCISSION MOTION

Notices of Motion to rescind Item 7.3 regarding 2 Morton Street, Parramatta and Item 12.1 regarding 36 Charles Street, Parramatta were submitted on 15 April 2010 by Councillors Bide, Lack and Finn.

THIS PAGE AND THE PRECEDING 20 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON MONDAY, 12 APRIL 2010 AND CONFIRMED ON TUESDAY, 27 APRIL 2010.

Lord Mayor