Minutes of Council (Development)

MINUTES OF THE Meeting of Parramatta City Council HELD IN THE Council Chambers, CIVIC PLACE, PARRAMATTA ON Tuesday, 15 June 2010 AT 6:48 pm

PRESENT

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

ACKNOWLEDGEMENT TO TRADITIONAL LAND OWNERS

The Lord Mayor, Councillor P J Garrard acknowledged the Burramatugal Clan of The Darug, the traditional land owners of Parramatta and paid respect to the elders both past and present.

MINUTES

SUBJECT Minutes of the Ordinary Meeting of Council held on 24 May 2010

11514

RESOLVED (Barber/Lloyd)

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

SUBJECT Minutes of the Special Meeting of Council held on 2 June 2010

11515

RESOLVED (Esber/Lloyd)

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

APOLOGIES

11516 RESOLVED (Wilson/Lloyd)

It was noted that Councillors J Chedid, A Issa OAM and L E Wearne were in attendance at the National General Assembly being held in Canberra.

DECLARATIONS OF INTEREST

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

MINUTES OF THE LORD MAYOR

SUBJECT Granville Shopping Centre

REFERENCE F2008/00400

FROM The Lord Mayor, Councillor P J Garrard

11517

MOTION (Garrard/Bide)

(a) That the CEO report to Council regarding the development of a MainStreet Programme and a dedicated co-ordinator to assist in addressing the economic circumstances of the Granville Centre and a funding mechanism for such a programme.

(b) That because the carriage way of South Street is now too narrow for buses and fire engines to use, that Council seek to have the bus routes in the Granville Centre altered so as to eliminate the north/south movements down South Street.

(c) That the Council’s traffic section and construction departments review the completed works in Granville with a view to assessing the existing car parking options within the Centre and to make improvements to the existing intersections which presently are causing concern.

(d) That a risk treatment strategy be developed to address:-

1 Slip, trip and fall hazards;

2 Lighting issues;

3 Sighting of pedestrian crossings;

4 Work site barrier/fencing;

5 Alfresco Dining areas.

(e) Further, that the funding for this proposal be from the sale of the land for the Granville Police Station.

AMENDMENT (Wilson/Esber)

(a) That no further action be taken in relation to the Lord Mayoral Minute.

(b) That the Chief Executive Officer provide a report on the refurbishment of the Epping, Ermington and Toongabbie Town Centres together with an action plan for the implementation of this work before June 2012.

(c) Further, that a further report on the Telopea and Granville Town Centres be prepared once the Centres mentioned in (b) above have been refurbished.

The amendment was put and carried and on being put as the motion was again carried.

NOTE: In accordance with a procedural motion moved by Councillor Esber, seconded by Councillor Maitra, this issue was considered immediately after Public Forum.

PUBLIC FORUM

SUBJECT Functions delegated to the CEO related to the determination of Development Applications

REFERENCE F2004/06472

FROM Mr Bruce Berry

11518

“Lord Mayor, my comments and questions refer to the delegation of authority to staff issue to be considered at tonight’s meeting.

1. Unresolved matters from my public forum submission of 10 May 2010

These have been fully explained in my letter of 17 May 2010 to the CEO with copies to you and other Councillors. The main issue is that the delegation of authority matter should not be considered until the report on accountability processes is presented to Council. It is now over 8 months since it was resolved that the report be presented. My letter reveals several areas where there is a need for greater accountability and I strongly dispute that they have been resolved. Time constraints at public forum prevent me from pursuing the matters on this occasion, particularly when I have the following additional matters.

2. What are the explanations for the following variations between the report to be considered tonight and the Department of Planning’s Local Government Performance Monitoring 2008 – 09 Report?

(a) Determination by Councillors (March 09)

Council report states that 30% of DAs had 7 submissions or more. These would therefore have been considered by Councillors. But the report also says that only 9% went to the Councillors. As well, the Planning Department’s figure for Parramatta is 11.9%.

(b) Determinations by Staff (2008-09)

Council report – 893.

Planning Dept figure for Parramatta – 995.

Council report – 110 days.

Planning Dept – 132 days.

3. Some comparisons between Parramatta and other Code 3 Councils for Comment

(a) Gross Determination Times

Parramatta – 132 days.

Other Councils – 78 days.

The Council report quotes figures for the State average, Code 3 average and City of Sydney average for the period 2009 -10. Where were these figures obtained? It seems that, instead, they are the figures for 2008 -09 and have been taken from Table 3.21 of the Planning Dept’s Report. Even so, Parramatta is well above all of these averages.

I believe the figures for 2009-10 would not yet be available and even if they were, it is extremely unlikely that the would be the same as for 2008-09. I would like this matter clarified because it may cast doubts on other statistics in the Council report.

(b) DAs with referral

Parramatta – 11%

Other Councils – 3%

Parramatta has more referrals than any other Code 3 Council.

Parramatta – 58% of DAs

Other Councils – 42%

(d) Allocation of Staff to DA Assessment

Parramatta has had a 64.2% increase on the 2007-089 figures, the greatest increase of all Code 3 Councils.

The next biggest increase is 18% (Warringah). 11 of the other 14 Code 3 Councils have reduced staff allocation by an average of 18.5%.

Despite the 64% increase in EFT (equivalent full time), Parramatta ranks as the slowest Council in NSW in determination times by staff to DA ratio.

More Councils have decreased delegation than there are those that have increased it.

4. Notification Letters

Apparently 40,000 notification letters about DAs have been sent out since March 2009. This seems to be a phenomenal waste. How many of these letters were repeat notifications, brought about by administrative error, which is what occurred in at least two DAs in my immediate area? Many of these letters could have been avoided with tighter lodgement procedure, including Section 96 application.

5. Submissions/Objections

The report keeps referring to the number of submissions as a factor in determining whether or not a DA is delegated to staff. It is my understanding that it is the number of objections that is to be considered. Could I have this clarified? Who would assess a DA when there are 7 or more submissions in favour of it?

I am not opposed to long assessment times, unless they result from negligence or oversight at the expense of ‘good governance’. It is worse when requested information or explanation is not provided to me on occasions when I am attempting to find out if good governance is really occurring. I am not confident in the extension of delegated authority under these circumstances.”

RESPONSE

By Sue Weatherley - Group Manager, Outcomes and Development

“Thank you for your comprehensive submission in relation to the report on functions delegated to Chief Executive Officer relating to development applications.

I will deal with the issues raised in your submission in the order that you have raised them.

Determinations by Council

You claimed that the report states that 30% of DAs have 7 submissions or more. Paragraph 11 on page 72 states that “only 30 DAs have 7 or more submissions”, not 30%. 30 DAs in the total of 1,333 DAs is approximately 2.2%, not 30%.

You claimed that the report states that in 2008-2009, 893 DAs were determined by staff (under delegation) and the Department of Planning Performance Monitoring Report suggested that 995 DAs were determined by staff. This is not correct.

The report to Council on page 73 in the table below paragraph 15 states that, in 2008-09, Council staff determined 995 DAs which is not as you claim that the report says 893.

Year	Form of determination	No. of DAs Determined	Gross assessment time (days)
			Mean	Median
2007/2008	Council	165	181	150
	Staff	971	108	66

2008/2009	Council	127	213	176
	Staff	995	110	94

2009/2010	Council	69	131	112
	Staff	847	80	63

I should also point out that the Department of Planning Performance Monitoring report generally reports on Section 96 applications and development applications separately. However, in the report to Council these figures are reported together, not separately. The report makes this very clear.

You claimed that there is a discrepancy in the figure in the report to Council on the gross determination time. I have checked the report and can not find any discrepancy.

In the Council report, the mean assessment time for DAs determined by staff in 2008-09 is given as 110 days. This is correct. The figure reported to by the Department of Planning Performance Report of 132 days is for all DAs, where they are determined by the Council or by staff under delegation.

The Department of Planning Performance Monitoring Report reports only the percentage of DAs determined by staff and does not provide separate figures to demonstrate the differences in assessment times for the different types of assessment. Throughout the report to Council, I do make the comment that the figures quoted relate to all applications - Section 96 applications and development applications.

Comparisons between Parramatta and other Code 3 Councils

You asked us to comment on some interesting statistical differences between the state averages and Group 3 averages in the Department of Planning Performance Monitoring Report. These are the figures that have been reported to Council.

You have claimed that in the report I have provided State average, Group 3 average and City of Sydney averages for 2009-10. I have checked the report and can confirm that this is not correct. The table on page 70 below paragraph 6 clearly states that this data is for 2008-09, which I extracted from the Department of Planning Performance Report. This is most recent Department of Planning data.

	DA Times (gross) - 2009/2010 By Quarter
						2008/2009
	1st Q	2nd Q	3rd Q	4th Q	YTD	state average	Group 3 ave	City of Sydney
Mean	103	85	82	51	82	74	78	68

Median	80	72	72	37	64		51	45

% within 40 days	14	28	37	73	33

Outstanding	280	185	211	218	218

O/S over 80 days	194	125	60	42	42

We are aware that Parramatta Council has more referrals of applications to external bodies (such as the RTA) than other local governments. The reason for this is partly due to the unique nature of Parramatta which has high levels of referrals for waterways and heritage. Council also voluntarily refers a number of applications to the NSW Police Service. These referrals are currently under review to ensure all are necessary and also to improve the turn around time for referrals.

In 2008/09 11% of DAs were referred to external bodies for either comment or concurrence, this is by no means the highest in the States. We have set the benchmark of the City of Sydney which has an external referral rate of 2%. However, many Councils in the State have referral percentages much higher than Parramatta. Warringah Council has 89% of its applications referred to external agencies and in metropolitan Sydney, Councils such as Manly Council (20%), Liverpool Council (25%), Lane Cove Council (30%) and Hornsby Shire Council (29%) have much higher rates of referrals.

In the period of 2008-09, Parramatta Council had a higher rate of DAs where “the clock was stopped” to seek further information than the group 3 average. Again, this has been a focus area for improvement, also requires Council taking a harder line with applicants and refusing to accept incomplete applications prior to lodgement. Council has introduced an improved pre-lodgement process and a lodgement interview process to improve the quality of the applications being lodged.

One of our lead indicators, which we report on monthly to the Council, is the number of requests for further information after lodgement. This number has reduced substantially over the last 12 months since introduction of the Development Advisory Team which reviews development applications at lodgement. Our Dashboard indicates that, for the year 2008-09, 55% of applications were subject to “stop the clock” provisions while we sought further information from the initial review by clearing house. For this financial year, the figure is down to 46% and improving. Our target is to reduce this to 10% which would make PCC clearly one of the better performing Councils in the State.

To improve overall gross assessment times, not only does the time required for further information need to be reduced, but also the time it takes for applicants to provide the required information. In 2008-09, the average time for applicants to provide the required information was 100 days. Council introduced and adopted a policy which requires applicants to provide this information far more quickly and staff work with applicants to set time frames for submission of this information. This is also contributing to improving assessment times.

In terms of the DAs determined by staff, I believe you have misunderstood the data provided in the Department of Planning Performance Monitoring report. This report considers the efficiency of Council staff. It looks at the number of DAs determined by equivalent full time member of staff. In 2007-08 (that is the previous financial year), on average, an assessment officer was able to assess 45.3 DAs. In 2008-09, we substantially improved the efficiency of individual assessment officers as they were able to assess 74.4 DAs per member of staff.

Sydney Council, who we have used as the benchmark, only achieved an average DA per EFT of 48 for that period. The Group 3 average for this period was 60.5 DAs for equivalent full time staff member. This made Parramatta City Council one of the most efficient Councils, based on the ratio of DAs determined to staff in the State, and was actually an improvement on past years, not as suggested by you a decline in performance. The Performance Monitoring report indicated that it was a 64.2% improvement on the previous year.

You have claimed that EFT has increased by 64.2%. This is not correct. You have not read this table correctly, and I would again refer you to the relevant sections of the Department of Planning’s report for clarification on that information.

Issue regarding notification letters

The report to the Council advises that over 40,000 notification letters were sent by the Council. You asked how many of these letters were repeat notifications brought about by administrative error.

My answer of this would be, without spending many hours of staff time going through every application assessed to determine the repeat notifications, this would be impossible to give a precise accurate answer. However, I am in confident to say it is a very low number. As previously reported to Council, even a very minor application such as a new car port generates a minimum of 10 notification letters. Many applications generate 40 or 50 notification letters and others, such as larger scale applications, can sometimes generate several hundreds letters.

Submissions

Concern was raised that the report keeps referring to number of submissions. I have consistently used the term “submission” in the report for the following reasons:

The first is that the Environmental Planning and Assessment Act uses the term submission.

The second, is that, there is no accurate way to determine which submissions are supporting or objecting to a development without manually reviewing all submissions received.

Thirdly, we receive very few submissions in support of applications. The vast majority of submissions are those which object to the development.”

Note

1. Councillor C X Lim arrived at the meeting at 6.50 pm during consideration of this matter.

2. This matter was considered prior to Lord Mayoral Minutes.

Rescission Motions

7.1

SUBJECT Draft Parramatta Development Control Plan for Place of Public Worship

REFERENCE F2009/02709 - D01549301

REPORT OF Councillor J D Finn

11519

MOTION (Finn/Maitra)

That the resolution of the Ordinary Council Meeting held on 24 May 2010 in relation to Item 9.6 of Economy and Development Draft Parramatta Development Control Plan for Place of Public Worship as follows:-

(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, ie. it be applied to all relevant development applications outstanding at the time the DCP takes effect.

(c) That the controls within this DCP be incorporated into the draft comprehensive Parramatta Development Control Plan prior to finalisation, including any changes required to reflect the proposed prohibition of places of public worship in the R2 Low Density Residential zone within draft Parramatta LEP 2010.

(d) Further, that Council produce another report reviewing the car parking requirements of 1 on site car parking space for every 3 people projected to be attending the place of public worship.

be and is hereby rescinded.

The motion was put and lost.

7.2

SUBJECT Parramasala Festival

REFERENCE F2008/00400 - D01559184

REPORT OF Councillor A A Wilson

11520

11521

RESOLVED (Wilson/Maitra)

That the resolution of the Special Council Meeting held on 2 June 2010 in relation to Item 4.1 of Economy and Development Parramasala Festival as follows:-

(a) That Council receive and note the information contained within this report.

(b) That Council endorses the approach to governance and company formation outlined in this report.

(c) That Council delegate to the Chief Executive Officer authority to negotiate and enter into (on behalf of the Council) a binding sponsorship in terms of the MOU between Events NSW and the Council.

(d) Further, that the Councillor P K Maitra be appointed as an observer to attend Board meetings.

be and is hereby rescinded.

MOTION (Wilson)

(a) That Council receive and note the information contained within this report.

(b) That the Chief Executive Officer report back to Council on the form and structure outlined in the report, including all financial arrangements, for possible adoption in a further report. This report to also include the value of all in kind support to be provided to the Parramasala festival as well.

(c) That Parramatta City Council form a sub committee with a view to monitoring the $200,000 already voted for Parramasala for this year. That this committee consist of the Lord Mayor, Councillor P J Garrard and Councillors J Chedid and P K Maitra.

(d) Further, that all future grants to Parramasala go through the same process as every other grant on a year by year basis. That this be re-examined should the Minister reconsider her position on the formation of a corporation.

The motion lapsed through want of a seconder.

FURTHER

MOTION (Bide/McDermott)

(a) That Council receive and note the information contained within this report.

(b) That Council endorses the approach to governance and company formation outlined in this report.

(c) That Council delegate to the Chief Executive Officer authority to negotiate and enter into (on behalf of the Council) a binding sponsorship in terms of the MOU between Events NSW and the Council.

(d) Further, that the Councillors J Chedid and P K Maitra be appointed as observers to attend Board meetings.

The further motion was put and carried.

Economy and Development

8.1

SUBJECT Variations to Standards under SEPP 1

REFERENCE F2009/00431 - D01546396

REPORT OF Manager Development Services

11522

RESOLVED (Lim/Elmore)

That the report be received and noted.

8.2

SUBJECT Illegal Dumping Strategy

REFERENCE F2004/06456 - D01547983

REPORT OF Manager. Regulatory Services

11523

RESOLVED (Lim/Wilson)

(a) That consideration of this matter be deferred pending the provision of further information regarding the Regional Dumping Squad and especially in relation to Council’s return for its investment including such information as the minimum number of covert operations, callouts and marketing campaigns that will occur on a yearly basis.

(b) Further, that Council’s General Counsel also provide a brief to Councillors on the permissibility of staff and residents acting in a capacity to report littering.

8.3

SUBJECT Function Delegated to the Chief Executive Officer related to the Determination of Development Applications

REFERENCE F2004/06472 - D01548032

REPORT OF Group Manager Outcomes and Development

11524

MOTION (Finn/Maitra)

That Council reaffirm the decision of 9 March 2009 regarding the functions delegated to the Chief Executive Officer that relate to the determination of development applications, with the following changes, being:-

(a) That Council delegate to the CEO determination of development applications (including section 96 applications) provided:

i There are not more than 4 objections to the development; or

ii The development application does not relate to land in which Council holds, or has recently held, a direct pecuniary interest; or

iii The development application is not known to have been made, or relate to a property owned by a member of staff or Councillor; or

iv The development application does not relate to a heritage item; or

v The development application does not relate to a brothel, massage parlour, sex service premises, restricted premises, tattoo parlour or place of public worship; or

vi The application does not seek a review of determination under section 82A review; or

vii The application is lodged as a ‘Fast Track DA’ (i.e. swimming pool, garages, awnings, decks, pergolas, change of use and similarly small scale DAs) even if 7 or more objections are received.

With the following exceptions:

i section 96(1a), section 96(2) and section 96(AA) applications where the original development application was determined by the elected Council; and

ii where an application located on a heritage item, three (3) Councillors may request in writing that an application be ‘called’ to Council for determination. This written request is to be made no later than 1 week after the conclusion of the public notification/exhibition period.

(b) That staff present all Section 96 Applications to Council for resolution whereby their associated original development applications were not approved by council but by an external authority.

(c) That staff provide a mechanism so that any 2 or more councillors can call up any development application under consideration for a council resolution within 2 months, with the corresponding reports listing the development applications recommendations for approval or refusal including associated conditions of consent.

(d) That staff produce a monthly report to councillors listing in summary all development applications which have any of the following characteristics:-

· Still under consideration for 6 months or longer;

· More than $750,000 in value;

· Having attracted any objections;

· Have an impact or are in a heritage or conservation zone.

(e) Further, that delegations be reviewed in 6 months.

AMENDMENT (Bide/Lim)

That the information be received and noted.

The amendment was put and carried and on being put as the motion was again carried.

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 14 minutes.

RESUMPTION OF MEETING

The meeting resumed in the Council Chamber at 8.50 pm, there being in attendance The Lord Mayor, Councillor P J Garrard and Councillors P B Barber, A Bide, G J Elmore, P Esber, J D Finn, M A Lack, C X Lim, S D Lloyd, M D McDermott, P K Maitra and A A Wilson.

8.4

SUBJECT Draft Asbestos Policy

REFERENCE F2004/08188 - D01552948

REPORT OF Manager Regulatory Services

11525

RESOLVED (Esber/Bide)

(a) That Council adopt the draft Asbestos Policy for public exhibition for not less than 28 days;

(b) That any submissions received from the community in regard to the draft Asbestos Policy be reported back to Council for consideration.

(c) That advice be provided to Councillors on where and how asbestos is disposed of legally and in accordance with dumping codes.

(d) Further, that a comment be sought from the relevant dumping stations in relation to the dumping of asbestos at their premises.

8.5

SUBJECT Draft Development Control Enforcement Policy

REFERENCE F2009/01489 - D01553031

REPORT OF Manager Regulatory Services

11526

RESOLVED (Lim/Elmore)

(a) That Council adopt the Draft Development Control Enforcement Policy or public exhibition for a period of not less than 28 days.

(b) Further, that any submissions received from the community in regard to the Draft Development Control Enforcement Policy be reported back to Council for consideration.

8.6

SUBJECT Draft Enforcement Policy Outdoor Dining Areas

REFERENCE F2009/01489 - D01553079

REPORT OF Manager Regulatory Services

11527

RESOLVED (Lim/Finn)

(a) That Council adopt the draft Enforcement Policy Outdoor Dining Areas for public exhibition for not less than 28 days.

(b) Further, that any submissions received from the community in regard to the draft Enforcement Policy Outdoor Dining be reported back to Council for consideration.

8.7

SUBJECT Draft Companion Animal Management Plan

REFERENCE F2004/08080 - D01553234

REPORT OF Manager Regulatory Services

11528

RESOLVED (Finn/Lim)

(a) That Council approve for the draft Companion Animal Management Plan to be placed on public exhibition for not less than 28 days.

(b) Further, that any submissions received from the community in regard to the draft Companion Animal Management Plan be reported back to Council for consideration.

Governance and Corporate

9.1

SUBJECT Remuneration Tribunal Determination in Relation to Fees for Councillor Remuneration

REFERENCE F2004/06514 - D01535382

REPORT OF Manager - Council Support

11529

RESOLVED (Esber/Lim)

That Council confirm that the Lord Mayoral and Councillors’ remuneration for the period 1 July 2010 to 30 June 2011 be set at the maximum level being $69,780 and $23,950 respectively.

9.2

SUBJECT Loan Borrowing

REFERENCE F2008/01481 - D01556386

REPORT OF Manager Finance

11530

RESOLVED (Esber/Lim)

(a) That Council borrow an amount of $2,724,000 in accordance with the adopted Management Plan 2009/10 – 2012/13 and March Quarterly Review of the Management Plan 2009/10 – 2012/13.

(b) That the Lord Mayor and CEO be given delegated authority to determine and accept the most financially advantageous loan offer received following the obtaining of appropriate quotations from lending institutions.

(c) That the Lord Mayor and CEO be given delegated authority to complete all necessary loan documents and that the Common Seal be applied if required to those documents.

(d) Further, that Councillors be advised of the terms of the loan once the loan funds have been drawn down.

9.3

SUBJECT 2010/14 Delivery Program, 2010/11 Operational Plan, making of 2010/11 Rates and Annual Charges and 2010/11 Schedule of Fees and Charges

REFERENCE F2009/02419 - D01555815

REPORT OF Manager Finance

11531

MOTION (Lim/Bide)

(a) That subject to the Minister for Local Government approving Council’s application for a special variation to general income, Council adopt the 2010/14 Delivery Program and 2010/11 Operational Plan (Attachment 1) which includes the 2010/11 Schedule of Fees and Charges (Attachment 2) and note the $1.7 million amendment to the 2010/11 Budget relating to the early receipt of the first instalment of the Financial Assistance Grant and the other amendments to the exhibited documents as detailed in this report.

(b) That subject to the Minister for Local Government approving Council’s application for a special variation to general income, Council approve the income, expenditure and reserves transfers shown in the 2010/11 Operational Plan for the year commencing 1 July 2010 and vote the necessary funds.

(c) That subject to the Minister for Local Government approving Council’s application for a special variation to general income, Council make the Rates and Charges for the 2010/11 rating year using Land Values with a valuation base date of 1 July 2007 as detailed in Attachment 3.

(d) That Council in accordance with Section 566 of the Local Government Act, 1993 set the interest rate in 2010/11 for overdue rates and charges at the maximum rate as determined by the Minister for Local Government.

(e) Further, that Council provide in 2010/11 a $100 Voluntary Rate Rebate for eligible pensioners in accordance with Section 582 of the Local Government Act, 1993, and Council’s Voluntary Pensioner Rate Rebate Policy, in addition to the mandatory eligible pensioner rebate under Section 575 of the Local Government Act, 1993.

AMENDMENT (Barber/Finn)

Monday and Friday - $68 per day.

Tuesday, Wednesday and Thursday - $70 per day.

The amendment was put and carried and on being put as the motion was again carried.

DEVELOPMENT APPLICATIONS TO BE ADOPTED WITHOUT DISCUSSION

11532 RESOLVED (Esber/Lack)

That Item Nos 12.1, 12.2, 12.3, 12.4, 12.5 and 12.6 of Domestic Applications as listed on the Agenda for the Council Meeting held on 15 June 2010 be adopted in accordance with the Officer’s recommendations.

DIVISION The result being:

AYES The Lord Mayor, Councillor P J Garrard and Councillors P B Barber, A Bide, G J Elmore, P Esber, J D Finn, M A Lack, C X Lim, S D Lloyd, P K Maitra, M D McDermott and A A Wilson.

NOES None

11533 RESOLVED (Esber/Lack)

That Item Nos 13.1, 13.2, 13.3, 13.4, 13.5 and 13.6 of Major Applications as listed on the Agenda for the Council Meeting held on 15 June 2010 be adopted in accordance with the Officer’s recommendations.

DIVISION The result being:

AYES The Lord Mayor, Councillor P J Garrard and Councillors P B Barber, A Bide, G J Elmore, P Esber, J D Finn, M A Lack, C X Lim, S D Lloyd, P K Maitra, M D McDermott and A A Wilson.

NOES None

Reports - Domestic Applications

12.1

SUBJECT 14 Talbot Road, Guildford (Lot A in DP 332730) (Woodville Ward)

DESCRIPTION Alterations and additions to a detached garage.

REFERENCE DA/304/2010 - 19 April 2010

APPLICANT/S Mr I Dib

OWNERS Mr I Dib and Mrs M Dib

REPORT OF Manager Development Services

RECOMMENDATION

That Council as the consent authority grant development consent to Development Application No. 304/2010 for alterations and additions to a detached garage on land at 14 Talbot Road, Guildford subject to conditions contained within Attachment 1.

NOTE: This matter was adopted under Minute No 11532 – Council Matters To Be Adopted Without Discussion.

12.2

SUBJECT The Junction, 2 Windsor Road, Northmead
(Lot 401 DP 1008274) (Arthur Phillip Ward)

DESCRIPTION Construction of a new internal wall to reduce the retail floor area to create a new storeroom and carry out fit out works of an existing retail store.

REFERENCE DA/328/2010 - Submitted 29 April 2010

APPLICANT/S Beckton Commercial Projects

OWNERS Hafco Holdings Pty Limited

REPORT OF Manager Development Services

RECOMMENDATION

That Council as the consent authority grant development consent to Development Application No. 328/2010 for the construction of an internal wall to reduce retail floor area to create a new storeroom and fit out works on land at The Junction, 2 Windsor Road, Northmead subject to conditions contained within Attachment 1.

NOTE: This matter was adopted under Minute No 11532 – Council Matters To Be Adopted Without Discussion.

12.3

SUBJECT 476 Church Street, Parramatta (COR LOT 3 DP 741890)

DESCRIPTION Fit out and use of part of the ground floor as a take away pizza shop with associated office and store room.

REFERENCE DA/302/2010 - Lodged 16 April 2010

APPLICANT/S Eagle Boys Pizza

OWNERS Khoury Corporations

REPORT OF Manager Development Services

RECOMMENDATION

That Council as the consent authority grant development consent to Development Application No. 302/2010 for the occupation of part of the ground floor as a take away pizza shop with associated office and store room on land at 476 Church Street, Parramatta subject to the conditions contained within Attachment 1.

NOTE: This matter was adopted under Minute No 11532 – Council Matters To Be Adopted Without Discussion.

12.4

SUBJECT 1 Barrack Lane, Parramatta
(Lot 101 DP 1110883) (Arthur Phillip)

DESCRIPTION Occupation of the ground and first floor of the premises for the purpose of a coaching college for 40 students.

REFERENCE DA/285/2010 - 13 April 2010

APPLICANT/S Just Property and Planning

OWNERS Mr D W Kim

REPORT OF Manager Development Services

RECOMMENDATION

(a) That Development Application 285/2010 to occupy the ground and first floors of the premises as a coaching college at 1 Barrack Lane, Parramatta be approved subject to the conditions of consent in Attachment 1 of this report.

(b) Further, that the applicant be advised that a Building Certificate Application is to be lodged in respect of the internal fitout of the premises and for the existing signage on the building.

NOTE: This matter was adopted under Minute No 11532 – Council Matters To Be Adopted Without Discussion.

12.5

SUBJECT 110 George Street, Parramatta (Lot 101 DP 789839)

DESCRIPTION Construction of an access ramp to the George Street frontage of the site.

REFERENCE DA/290/2010 - Lodged 15 April 2010

APPLICANT/S Pyramid Pacific

OWNERS Trust Company Ltd and Clarence Property Corporation Ltd

REPORT OF Manager Development Services

RECOMMENDATION

That Council as the consent authority grant development consent to Development Application No. 290/2010 for construction of an access ramp to the George Street frontage of the site on land at 110 George Street, Parramatta subject to conditions contained within Attachment 1.

NOTE: This matter was adopted under Minute No 11532 – Council Matters To Be Adopted Without Discussion.

12.6

SUBJECT 19-21 Wentworth Street, Parramatta
(Lot 5 DP 531926 & Lot 7 DP 555797)

DESCRIPTION Construction and operation of a café to the side of a heritage listed building.

REFERENCE DA/212/2010 - Submitted 19 March 2010

APPLICANT/S Better Buildings Pty Ltd, C/O - Design Cubicle

OWNERS Better Buildings Pty Ltd

REPORT OF Manager Development Services

RECOMMENDATION

That Council as the consent authority grant development consent to Development Application No. 212/2010 for the construction and operation of a café to the side of a heritage listed building on land at 19-21 Wentworth Street, Parramatta subject to conditions contained within Attachment 1.

NOTE: This matter was adopted under Minute No 11532 – Council Matters To Be Adopted Without Discussion.

Reports - Major Applications

13.1

SUBJECT 6 Russell Street, Granville (Lot B DP 377475) (Elizabeth Macarthur Ward)

DESCRIPTION S96(1a) modification to an approved Chinese Traditional Medicine Therapy Centre. Modification includes approval to operate on Sundays from 10am to 7.30pm (the current approved hours on Sunday are 10am to 3.30pm).

REFERENCE DA/352/2008/A - Submitted 5 March 2010

APPLICANT/S Mr K Liu

OWNERS Preda & Associates Pty Limited

REPORT OF Manager Development Services

RECOMMENDATION

(a) That Council as the consent authority modify Development Consent No. 352/2008 under the provisions of Section 96(1a) of the Environmental Planning and Assessment Act in the following manner:

A. To amend Condition 9 as follows:

“9. The hours of operation being restricted to 10am to 7.30pm Mondays to Wednesdays, Fridays and Saturdays, 10am to 9pm Thursdays and 10am to 7.30pm Sundays. Any alterations to the above will require further development approval.

Reason: To minimise the impact on the amenity of the area.”

(b) Further, that the objector be advised of Council’s decision.

NOTE: This matter was adopted under Minute No 11533 – Council Matters To Be Adopted Without Discussion.

13.2

SUBJECT 171 Victoria Road, Parramatta
(Lot 100-101 DP 816829, Lot 1 DP 836958 and LIC 201745) (Elizabeth Macarthur Ward)

DESCRIPTION Alterations and additions within the University of Western Sydney Campus including the adaptation of and additions to a heritage listed Boiler House.

REFERENCE DA/83/2010 - 15 February 2010

APPLICANT/S University of Western Sydney

OWNERS Department of Sustainable Resources

REPORT OF Manager Development Services

RECOMMENDATION

That Council as the consent authority grant development consent to Development Application No. 83/2010 for alterations and additions to the university of Western Sydney Campus which include the adaptation of and additions to the heritage listed Boiler House for use as a café’ on land at 171 Victoria Road, Parramatta subject to obtaining concurrence from the University of Western Sydney for the conditions contained within Attachment 1.

NOTE: This matter was adopted under Minute No 11533 – Council Matters To Be Adopted Without Discussion.

13.3

SUBJECT 14 Felton Street, Telopea
(Lot 1 DP 222727) (Elizabeth Macarthur Ward)

DESCRIPTION Demolition, construction of a two-storey dual occupancy development with Torrens title subdivision.

REFERENCE DA/67/2010 - 8 February 2010

APPLICANT/S T Naidoo

OWNERS T Naidoo

REPORT OF Manager Development Services

RECOMMENDATION

(a) That Council grant Deferred Commencement approval to Development Application No. 67/2010 for demolition, tree removal and construction of an attached 2 storey dual occupancy development subject to standard conditions as contained in Attachment 1.

(b) Further, that objectors be advised of Councils decision.

NOTE: This matter was adopted under Minute No 11533 – Council Matters To Be Adopted Without Discussion.

13.4

SUBJECT 21 Buller Street, North Parramatta (Lots 1-2 DP 127036)(Arthur Phillip Ward)

DESCRIPTION Demolition of the existing dwelling, tree removal, consolidation and resubdivision to create three allotments. Approval is also sought to construct a 2 storey dwelling on the allotment facing Buller Street and 2 x 2 storey dwellings on the allotments facing Abbey lane.

REFERENCE DA/101/2010 - 18 February 2010

APPLICANT/S Mr J Hkeik

OWNERS Ms S E Hkeik and Heke Pty Limited.

REPORT OF Manager Development Services

RECOMMENDATION

(a) That Council support the variations to Clause 38 and 40 of Parramatta Local Environmental Plan 2001 under the provisions of SEPP 1.

(b) Further, that Council as the consent authority grant development consent to Development Application No.DA/101/2010 for the demolition of the existing dwelling, tree removal, consolidation and resubdivision to create three allotments. Construction of a two storey dwelling on the allotment facing Buller Street and a two storey dwelling on each allotment facing Abbey Lane at 21 Buller Street, NORTH PARRAMATTA be determined by granting a 5 year total consent subject to ‘deferred commencement’ under Section 80(3) of the Environmental Planning and Assessment Act, 1979. Upon strict compliance with all conditions appearing in Schedule A and with the issue of confirmation to that effect in writing from Council, the “deferred commencement” consent shall revert to a development consent inclusive of all conditions contained within Attachment 1.

NOTE: This matter was adopted under Minute No 11533 – Council Matters To Be Adopted Without Discussion.

13.5

SUBJECT Belmore Park/Richie Benaud Oval (Pk 34), 1A Pennant Hills Road NORTH PARRAMATTA (Arthur Phillip Ward)

DESCRIPTION Tree removal and construction of 2 storage sheds adjacent to the Club House along the Castle Street frontage of the park.

REFERENCE DA/272/2010 - 12 April 2010

APPLICANT/S Mr J Purks

OWNERS J P Enterprises (NSW) Pty Ltd

REPORT OF Manager Development Services

RECOMMENDATION

(a) That Council as the consent authority grant development consent to Development Application No. 272/2010 for tree removal and construction of 2 storage sheds adjacent to the Club House along the Castle Street frontage of Belmore Park/Richie Benaud Oval (Park 34) at 1A Pennant Hills Road, NORTH PARRAMATTA, with a lapsing period of three (3) years from the date on the Notice of Determination subject to the conditions contained within Attachment 1.

(b) Further, that the objector be advised of Council’s decision.

NOTE: This matter was adopted under Minute No 11533 – Council Matters To Be Adopted Without Discussion.

13.6

SUBJECT 332-334 Pennant Hills Road (cnr Evans Road), Carlingford
(Lot 1 DP 128517 subj to DE and Lot M DP 36700, PT Lot A)

DESCRIPTION Section 96(2) modification of development consent to approved alterations and additions to the Bowling Club to extend the operating hours of floodlights to bowling green No. 3 from 8.30pm to 11.00pm

REFERENCE DA/513/2006/A - 11 August 2009

APPLICANT/S Carlingford Bowling Sports and Recreation Club Ltd

OWNERS Parramatta City Council

REPORT OF Manager Development Services

RECOMMENDATION

(a) That Council modify development application DA/513/2006 in the following manner:

Modify Condition No. 1 as follows:

1. The development is to be carried out in compliance with the following plans and documentation listed below and endorsed with Council’s stamp:

Drawing N⁰	Dated
DA-01-03 Issue E	March 2006

Documents	Dated
Acoustic Report	April 2010
Obtrusive Lighting Assessment	March 2009

Reason: To ensure the event is carried out in accordance with the approved plans and documents.

Modify Condition No. 27 as follows:

27. Use of the lighting at Bowling Green No. 3 is to be restricted to between the hour of 6.00pm and 9.00pm.

Reason: To ensure that outdoor lighting down not cause nuisance to the surrounding area.

(b) That no objection be raised to allowing the applicant to illuminate Bowling Green No. 3 to 11.00pm for a 5 day period within the next 12 months to facilitate further acoustic testing. Council shall be advised in writing of the proposed testing 72 hours before it commences.

NOTE: This matter was adopted under Minute No 11533 – Council Matters To Be Adopted Without Discussion.

13.7

SUBJECT 23 & 25 Crossland Street, MERRYLANDS, NSW 2160, Lots 501 & 502 in DP 1025510 (Woodville Ward) (Location map - Attachment 2 )

DESCRIPTION Demolition of structures, boundary adjustment and alterations to a childcare centre to increase capacity from 53 to 65 children

REFERENCE DA/904/2009 - 23 December 2009

APPLICANT/S Mrs N Yammine

OWNERS Mr S Eskander and Mrs K S Eskander

REPORT OF Manager Development Services

11534

RESOLVED (Elmore/Lack)

That the application be refused for the following reasons:-

1. The application is inconsistent with the Child Care DCP in that more than 40 children are proposed.

2. The narrowness of Crossland Street will result in traffic impacts.

3. The use of the site as a child care centre is contrary to the provisions of the proposed R2 zone in Draft LEP 2010.

4. The scale and size of the development is not appropriate for a residential area.

5. The proposal is not in keeping with the amenity of the area.

DIVISION The result being:

AYES The Lord Mayor, Councillor P J Garrard and Councillors P B Barber, G J Elmore, P Esber, J D Finn, M A Lack, C X Lim, S D Lloyd, P K Maitra, M D McDermott and A A Wilson.

NOES Councillor A Bide.

Notices of Motion

14.1

SUBJECT Workshop to understand the facts on a smoking ban in al-fresco dining within Parramatta

REFERENCE F2004/09820 - D01544590

REPORT OF Councillor M D McDermott

11534

MOTION (McDermott/Finn)

(a) That Council hold a workshop as soon as possible, to look at the facts and data related to the impact of a ban on smoking in al-fresco dining areas in Parramatta.

(b) That Stafford Sanders of ASH be requested to speak at this workshop and explain the facts and data on smoking and it’s health implications and the impact that such a ban has had on other areas where one has been implemented.

(c) That Andy Mark of the Heart Foundation (co-ordinator of the Smoke Free Outdoor Areas Working Party of NGOs) be requested to speak also at this workshop and outline the arguments from a health research perspective.

(d) That Gunjan Tripothi of the Cancer Council of Australia be invited to speak at the workshop.

(e) That a representative of the Parramatta Chamber of Commerce be requested to attend on behalf of restaurants and to provide relevant data pertaining to restaurants.

(f) Further, that the workshop explore the legal aspects from Council’s perspective as a landowner if and when Council may impose such a condition on its leases.

AMENDMENT (Esber/Wilson)

(a) That Council hold a workshop as soon as possible, to look at the facts and data related to the impact of a ban on smoking in al-fresco dining areas in Parramatta.

(b) Further, that the workshop explore the legal aspects from Council’s perspective as a landowner if and when Council may impose such a condition on its leases.

The amendment was put and carried and on being put as the motion was again carried.

14.2

SUBJECT Future Plan for the use of the Economic Development Levy

REFERENCE F2004/08064 - D01548344

REPORT OF Councillor J Chedid

11535

RESOLVED (Esber/Lack)

That consideration of this matter be deferred to the Council Meeting to be held on 28 June 2010.

14.3

SUBJECT Revitalising our River Foreshores

REFERENCE F2006/01282 - D01548349

REPORT OF Councillor J Chedid

11536

RESOLVED (Esber/Lack)

That consideration of this matter be deferred to the Council Meeting to be held on 28 June 2010.

14.4

SUBJECT Macquarie Day

REFERENCE F2009/02906 - D01554381

REPORT OF Councillor A A Wilson

11537

MOTION (Wilson/Lim)

(a) That a report be provided on the creation of a "family fun day" in 2011 to support the celebration of Governor Macquarie's 200th anniversary.

(b) That this be different to the arts festival of Parramac and not clash with it by having an Arts component.

(c) That Parramatta City Council look to provide $100,000 for a celebration in honour of Lachlan Macquarie governor of NSW from 1810 to 1821.

(d) That the appropriate officer look to liaise with the current committee supporting "Macquarie Day".

(e) That Council funds are to be expended on costume actors, to a maximum of $75,000 and advertising. No Council funds are to be used for counter factual trials or battles. Although a demonstration of weapons and tactics of the times or demonstrating the legal processes of the times may be funded.

(f) That the Parramatta historical society be consulted on all arrangements.

(g) That Council form a committee of staff and 3 Councillors to liaise with the Macquarie Day festival organisers.

(h) That Council to provide logistic support in the provision of stalls, kiosks etc.

(i) Further, that a committee of 5 Councillors be formed to oversee the Riverbeats festival.

AMENDMENT (Finn/Esber)

That a report be provided on the creation of a "family fun day" in 2011.

The amendment was put and carried and on being put as the motion was again carried.

CLOSED SESSION

15 June 2010

11538

RESOLVED (Esber/Lack)

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 Legal Matters Monthly Report to Council. (D01547058) - 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.

2 Expressions of Interest for Independent Members of the Conduct Committee. (D01551192) - 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 Parramatta Arts Fellowship 2010. (D01554844) - This report is confidential in accordance with section 10A (2) (a) of the Local Government Act 1993 as the report contains personnel matters concerning particular individuals.

4 MPS (Disabled) Program. (D01555517) - This report is confidential in accordance with section 10A (2) (f) of the Local Government Act 1993 as the report contains matters affecting the security of the Council, Councillors, Council staff or Council property.

RESUMPTION OF MEETING

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

15.1

SUBJECT Legal Matters Monthly Report to Council

REFERENCE F2004/07898 - D01547058

REPORT OF Manager Development Services

11539

RESOLVED (Lim/Esber)

That the report be received and noted.

15.2

SUBJECT Expressions of Interest for Independent Members of the Conduct Committee

REFERENCE F2010/00323 - D01551192

REPORT OF Policy Review Officer; General Counsel

11540

RESOLVED (Bide/Esber)

(a) That proposals for Independent Members of Council’s Conduct Review Committee be accepted from Barbara Armitage, Malcolm James Brammer and John Raymond Boland for a term of 3 years, subject to the completion of satisfactory reference checks.

(b) Further, that the Chief Executive Officer be authorised to sign on behalf of Council a services agreement with each individual in the form contained in the Tender specification, subject to any minor amendments the Chief Executive Officer considers reasonably necessary.

15.3

SUBJECT Parramatta Arts Fellowship 2010

REFERENCE F2009/02342 - D01554844

REPORT OF Coordinator - Parramatta Artists Studio

11541

RESOLVED (Finn/Elmore)

That Council award the 2010 Parramatta Arts Fellowship to artist Chrissie Ianssen.

15.4

SUBJECT MPS (Disabled) Program

REFERENCE F2004/06909 - D01555517

REPORT OF Manager. Regulatory Services

11542

RESOLVED (Esber/Lim)

That Council approve for the Community Safety Unit to run a two month Mobility Parking Scheme program as outlined in this report.

The meeting terminated at 10.25 pm.

THIS PAGE AND THE PRECEDING 27 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON TUESDAY, 15 JUNE 2010 AND CONFIRMED ON MONDAY, 28 JUNE 2010.

Lord Mayor