MINUTES OF THE Meeting of Parramatta City Council HELD IN THE Council Chambers, CIVIC PLACE, PARRAMATTA ON Monday, 9 August 2010 AT 6:51 pm

PRESENT

The Lord Mayor, Councillor, P J Garrard in the Chair and Councillors P B Barber (arrived 7.27 pm), A Bide, J Chedid, G J Elmore, J D Finn, A Issa, OAM, M A Lack, C X Lim (Deputy Lord Mayor), S D Lloyd, P K Maitra (arrived 6.54 pm), M D McDermott and L E Wearne.

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 Council Meeting held on 26 July 2010
11651	RESOLVED      (Chedid/Elmore) That the minutes be taken as read and be accepted as a true record of the meeting.

APOLOGIES

11652        RESOLVED       (Wearne/Chedid)

That an apology be received and accepted for the absence of Councillors P Esber and A A Wilson and it be noted that Councillor P B Barber will be arriving late at the meeting.

DECLARATIONS OF INTEREST

Councillor A Bide declared a conflict of interest in relation to Item 13.2 of Major Applications regarding 3 Mahony Street, Wentworthville as his sister is an objector to the application.

PUBLIC FORUM

1

SUBJECT          235 Church Street Parramatta REFERENCE    DA/390/2010 FROM                 Sanjeev K Loura

11653

“My Questions to Council are as follows:- Q1      Unclear and contradictory statements from Council authorities over the status of the building, if this is a heritage item or not! Q 2     Please clarify if the signage is not visually interesting. . . or it is not permissible under the sections and bylaws ? Q 3     As a tenet Loura Business College is renting whole floor and ie 1100 Sq Mts. with a rent of app. $ 30,000.00 per month. What are the means of business identification available! Q 4     The area adjoining buildings and businesses have much bigger and prominent signs than what is expected in this application, any particular reason for being bias ? Q 5     During the meeting with council officials including Ashleigh Matta, it was established the 18 mts. signage is too big and 4 mts signage would meet the specifications so the revised plan was submitted as per the guidelines. Q 6     How did the application take such a long time in processing?” RESPONSE By Mr Mark Leotta – Service Manager Development Assessment Services “Q1     The site is listed as a heritage item under Parramatta City Centre Local Environmental Plan 2007 as the rear corner of the site contains a 12 foot high sandstone block wall that was part of the Mortimer Lewis Courthouse that was constructed in the late 1830's. The existing Commonwealth Bank building that this tenancy is within, is not of heritage significance. Q2      The signage including the facade signs are permissible with the consent of Council. The two mid floor facade signs that are not recommended for approval are located in the middle of the building. This signage would encourage visual clutter within the CBD. Q3       The provision of an under awning sign for business identification purposes to inform the public within which building Loura Business College is located is considered appropriate. Q4      Each application for signage is considered on merits. Facade signage that is not located at ground level or on the top of a building within the Parramatta CBD is limited. Approval of this mid building facade signage would detract from the visual amenity of the area. Q5      The 4m2 facade signs are considered to be inappropriately located. If the tenancy occupied the majority of the building, signs on the uppermost parapet of the building of this size could be appropriate. Q6      The application was lodged on 17 May 2010 and notified between 25 May and 8 June 2010. Following this Council staff completed a detailed assessment of the proposal with the applicant being advised on 13 July 2010 that the facade signage could not be supported. Following this advice a report on the application has been completed for the next available meeting which is tonight's  Regulatory Council meeting.” NOTE:       Councillor P K Maitra arrived at the meeting at 6.54 pm during consideration of this matter.

PETITIONS

1	SUBJECT          Objection to Request by Oatlands Golf Club to Rezone Land REFERENCE    F2010/01684 FROM                 Local Residents
11654	RESOLVED      (Chedid/Lloyd) That the petition be received and referred to the appropriate Council officer for inclusion as a submission to the Draft LEP and subsequent consideration in the proposed report dealing with the Draft LEP.

Rescission Motions

7.1

SUBJECT          Parramatta City Centre Parking Standards REFERENCE    F2009/01706 - D01610828 FROM                 Councillors J Chedid, S D Lloyd and A Wilson.

11655

MOTION             (Chedid/Lloyd) That the resolution of the Council Meeting held on 26 July  2010, regarding, Parramatta City Centre Parking Standards namely:- “(a)     That Council reinforce its policy position, adopted 17 December 2007, of specifying that the number of car spaces required per m2 of FSR (parking rates standards) is the maximum allowable to remove uncertainty in the interpretation of the City Centre Local Environmental Plan. (b)      That a Planning Proposal be prepared to re-initiate an amendment to the Parramatta City Centre LEP 2007, proposing the parking rates as maximums and this be forwarded to the Department of Planning for “Gateway Determination” under Section 56 of the Environmental Planning & Assessment Act. (c)       Further, that the Urban Task Force be notified of Council’s decision.” be and is hereby rescinded. The motion was put and lost. DIVISION       The result being: AYES             Councillors A Bide, J Chedid, A Issa OAM, C X Lim, S D Lloyd and L E Wearne. NOES             The Lord Mayor, Councillor P J Garrard and Councillors P B Barber, G J Elmore, J D Finn, M A Lack,  P K Maitra and M D McDermott. NOTE:                During discussion on this matter (but prior to voting), the Deputy Lord Mayor, Councillor C X Lim assumed the Chair to enable the Lord Mayor, Councillor P J Garrard to participate in debate on this issue. FURTHER NOTE:                Councillor P B Barber arrived at the meeting at 7.27 pm during consideration of this matter.

Economy and Development

8.1	SUBJECT          Variations to Standards under SEPP 1 REFERENCE    F2009/00431 - D01607756 REPORT OF      Acting Manager Development Services Unit
11656	RESOLVED      (Elmore/Wearne) That the report be received and noted.

Governance and Corporate

9.1	SUBJECT          Lord Mayoral Election Date - 2010 REFERENCE    F2004/08629 - D01604171 REPORT OF      Manager - Council Support
11657	RESOLVED      (Chedid/Wearne) That the date of the Lord Mayoral Election be altered from Monday 27 September 2010 to Wednesday, 29 September 2010, with the Ordinary Council Meeting remaining on 27 September 2010.

DEVELOPMENT APPLICATIONS TO BE BROUGHT FORWARD

Due to interested persons being present in the public gallery, Items 12.4, 12.5, 12.7, 13.2, 13.4, 13.5 and 13.8. were brought forward and considered at this point in the meeting.

Reports - Domestic Applications

12.1

SUBJECT          27 Chiswick Road, South Granville (Lot 49 DP35007) (Woodville Road) DESCRIPTION  Construction of a single storey dwelling and detached garage. REFERENCE    DA/351/2010 - 7 May 2010 APPLICANT/S   Lotus Pty Ltd OWNERS           Mr F Shmait REPORT OF      Manager Development Services REASON FOR REFERRAL TO COUNCIL                             The application is being referred to Council for determination as the proposal involves works to a listed heritage item.

11658

RESOLVED      (Elmore/Lack) That Development Application 351/2010 to construct a single storey dwelling and a detached garage on land at Lot 49, 27 Chiswick Road, South Granville 2142 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 A Lack,  C X Lim, S D Lloyd, P K Maitra, M D McDermott and L E Wearne. NOES             None.

12.2

SUBJECT          55 Boronia Avenue, Epping (Lot 6 DP 8514) (Lachlan Macquarie Ward) DESCRIPTION  Construction of a shade sail within the play area of a child care centre. REFERENCE    DA/466/2010 - Submitted 18 June 2010 APPLICANT/S   Inner Living Pty Ltd OWNERS           Mr R Nagendra & Mrs K D Nagendra REPORT OF      Manager Development Services and memorandum from Senior Development Assessment Officer dated 9 August 2010. REASON FOR REFERRAL TO COUNCIL                             The application is being referred to Council for determination as the application involves works to an existing child care centre.

11659

RESOLVED      (Wearne/Lack) (a)     That Development Application 466/2010 for the construction of a shade sail within the play area of a child care centre on land at 55 Boronia Avenue, Epping be approved subject to the conditions of consent in Attachment 1 of this report and subject to the shade sail being constructed on 3 steel poles, be 2.2 metres high with the pole on the eastern side being 1.5 metres from the boundary of the adjoining property. (b)     Further, that the person who lodged a submission be advised of the determination of the application. 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 A Lack,  C X Lim, S D Lloyd, P K Maitra, M D McDermott and L E Wearne. NOES             None.

12.3

SUBJECT          82 Redbank Road, Northmead (Lot 611 DP 1049756) (Arthur Phillip Ward) DESCRIPTION  Construction of a 2 storey dwelling. REFERENCE    DA/221/2010 -  Submitted 23 March 2010 APPLICANT/S   A Jha & M Rajaratnam OWNERS           A Jha REPORT OF      Manager Development Services REASON FOR REFERRAL TO COUNCIL                             The application has been referred to Council as the proposal seeks a SEPP 1 Variation of greater than 10% to ‘Clause 38 Minimum allotment sizes’ in Parramatta Local Environmental Plan 2001.

11660

RESOLVED      (Finn/Chedid) (a)      That Council support the variation to Clause 38 of PLEP 2001 under the provision of SEPP1. (b)      Further, that Council grant approval to Development Application No. 221/2010 for the construction of a two storey dwelling subject to standard conditions as contained in Attachment 1. 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 A Lack,  C X Lim, S D Lloyd, P K Maitra, M D McDermott and L E Wearne. NOES             None.

12.4

SUBJECT          110 Harris Street, Harris Park (Lot 60, DP 735064) (Elizabeth Macarthur Ward) DESCRIPTION  Alterations and additions to an existing non-licensed restaurant, including increasing the hours of operation to include trading on Sundays and construction of additions to the rear of the premises. REFERENCE    DA/266/2010 - 8 April 2010 APPLICANT/S   Mr P Melchiorsen OWNERS           Tenaco Pty Limited REPORT OF      Manager Development Services REASON FOR REFERRAL TO COUNCIL                             The application is being referred to Council for determination as a petition comprising 23 signatories has been received and the site is a listed heritage item.

11661

RESOLVED      (Chedid/Lack) (a)      That the application be approved in accordance with the conditions of consent in Attachment 1 of this report subject to the alteration of the appropriate conditions to ensure that no increased trading hours on Sundays and no increase in patrons is granted. (b)      Further, that  the head petitioner be advised of Council’s decision on the matter. 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 A Lack,  C X Lim, S D Lloyd, P K Maitra, M D McDermott and L E Wearne. NOES             None.

12.5

SUBJECT          235 Church Street, Parramatta (Lots 1 & 2 DP 205570) (Arthur Phillip Ward) DESCRIPTION  Placement of an under awning sign on a heritage listed property associated with an approved business college. REFERENCE    DA/390/2010 - Submitted 17 May 2010 APPLICANT/S   Loura Business College OWNERS           Boti Investments Pty Ltd REPORT OF      Manager Development Services REASON FOR REFERRAL TO COUNCIL                             The application is being referred to Council for determination as the proposal involves work to a listed heritage item.

11662

RESOLVED      (Wearne/Finn) That Development Application 390/2010 for the placement of an under awning sign on a heritage listed property associated with an approved business college on level three at 235 Church Street, Parramatta 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 A Lack,  C X Lim, S D Lloyd, P K Maitra, M D McDermott and L E Wearne. NOES             None.

12.6

SUBJECT          59 Harris Street, Harris Park (Lot A DP 105869) (Elizabeth Macarthur Ward) DESCRIPTION  Change of use associated with a heritage listed item for use as a community facility for disability services. REFERENCE    DA/432/2010 - Submitted 8 June 2010 APPLICANT/S   Flintwood Disability Services Inc OWNERS           Mr & Mrs Nakhle REPORT OF      Manager Development Services REASON FOR REFERRAL TO COUNCIL                             The application is being referred to Council for determination as the proposal involves work to a listed heritage item.

11663

RESOLVED      (Chedid/Lack) That Development Application 432/2010 for a change of use associated with a listed heritage item to operate a community facility for disability services on land at 59 Harris Street, Harris Park, be approved as a deferred commencement consent 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 A Lack,  C X Lim, S D Lloyd, P K Maitra, M D McDermott and L E Wearne. NOES             None.

12.7

SUBJECT          16 Highland Avenue, Toongabbie Lot 42 DP 29128 (Caroline Chisholm Ward) DESCRIPTION  Section 96 (2) modification to an approved multi unit development containing 7 townhouses.  Modifications include removal of a bedroom to all units, reduction in the height of the buildings, reduction in basement, reduction in carparking, relocation of a laundry window and the provision of a roller door and intercom system on the southern elevation of the development. REFERENCE    DA/1185/2004/B - 17 May 2010 APPLICANT/S   Trendset Group Pty Ltd OWNERS           Mr M M Kanat REPORT OF      Manager Development Services REASON FOR REFERRAL TO COUNCIL                             The application is referred to Council as the original application for the construction of a townhouse development with basement parking was approved by Council.

11664

RESOLVED      (Wearne/Finn) (a)       That Council approve to modify development consent to Development Application No. 1185/2004/B for the demolition of the existing dwelling, tree removal and the construction of 7 multi unit dwellings over basement car parking by removal of a bedroom to all units, reduction in the height of the buildings, reduction in basement, reduction in carparking, relocation of a laundry window and the provision of a roller door and intercom system on the southern elevation of the development. (b)       Further, that the objector be advised of Council’s decision on the matter. DIVISION       The result being: AYES             The Lord Mayor, Councillor P J Garrard and Councillors J Chedid, G J Elmore, J D Finn, A Issa, OAM, M A Lack, C X Lim, P K Maitra, M D McDermott and L E Wearne. NOES             Councillors P B Barber, A Bide and S D Lloyd.

12.8

SUBJECT          49 Keeler Street, Carlingford (Lot 14 DP 8181) (Lachlan Macquarie Ward) DESCRIPTION  Section 96 modification to an approval for demolition, tree removal and construction of a 2 storey dwelling house and front fence. The modifications include deleting Conditions 11 and 12 from the original consent and internal changes to the dwelling. REFERENCE    DA/428/2009/A - 18 June 2010 APPLICANT/S   Lifestyle Designer Homes OWNERS           Mr J N Chen and Mrs W H Chen REPORT OF      Manager Development Services REASON FOR REFERRAL TO COUNCIL                             The application is referred to Council as the original application for demolition, tree removal and construction of a 2 storey dwelling house and front fence was determined by Council on 14 December 2009.

11665

RESOLVED      (Wearne/Chedid) That Council as the consent authority, modify development consent to Development Application No. 428/2009/A for the construction of a 2 storey dwelling house and front fence by altering the internal configuration of the ensuite and WIR to bedroom 6, enlarging the ensuite to the guest room, and adding a toilet to the laundry of the development on land at 49 Keeler Street, Carlingford. 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 A Lack,  C X Lim, S D Lloyd, P K Maitra, M D McDermott and L E Wearne. NOES             None.

12.9

SUBJECT          1 Lachlan Drive Winston Hills (Lot 99 DP 270075) (Caroline Chisholm)  DESCRIPTION  Section 96 (2) Modification to an approved dwelling for a front addition for a study and bedroom. REFERENCE    DA/403/2010 - 24 May 2010 APPLICANT/S   Mr E Sorkhi OWNERS           Mr E Sorkhi REPORT OF      Manager Development Services REASON FOR REFERRAL TO COUNCIL                             The application is referred to Council as the original application for the subdivision and housing development for 59 dwellings was determined by the Land and Environment Court on 24 August 1998.

11666

RESOLVED      (Bide/Chedid) That Council as the consent authority, modify development consent to Development Application No. 604/1997 for the construction of a 2 storey dwelling house by modifying the dwelling including a front addition and minor changes to the roof design on land at 1 Lachlan Drive Winston Hills. DIVISION       The result being: AYES             The Lord Mayor, Councillor P J Garrard and Councillors J Chedid, G J Elmore, J D Finn, A Issa, OAM, M A Lack,  C X Lim, S D Lloyd, P K Maitra, M D McDermott and L E Wearne. NOES             Councillors P B Barber and A Bide.

Reports - Major Applications

13.1

SUBJECT          168 Pennant Street, North Parramatta (LOT 1 DP 743777) (Elizabeth Macarthur Ward). DESCRIPTION  Tree removal, restoration of an existing heritage cottage, use of the cottage for commercial purposes, subdivision of the allotment to create an additional allotment and the construction of an attached two storey dual occupancy development at the rear of the site with Torrens title subdivision. REFERENCE    DA/786/2009 - Submitted 12 November 2009 APPLICANT/S   Mr J Younes OWNERS           Mr J Younes REPORT OF      Manager Development Services REASON FOR REFERRAL TO COUNCIL                             The proposal involves building works associated with a heritage item.

11667

RESOLVED      (Chedid/Lim) That Council grant consent to Development Application No. 786/2009 for tree removal, restoration of an existing heritage cottage, use of the cottage for commercial purposes, subdivision of the allotment to create an additional allotment and the construction of an attached two storey dual occupancy development at the rear of the site with Torrens title subdivision on land at 168 Pennant Street, North Parramatta as shown on approved plans, for a period of 5 years from the date of the Notice of Determination, subject to conditions of consent contained in Attachment 1. 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 A Lack,  C X Lim, S D Lloyd, P K Maitra, M D McDermott and L E Wearne. NOES             None.

13.2

SUBJECT          3 Mahony Street, Wentworthville (Lot 123 DP 12452) (Arthur Philip Ward) DESCRIPTION  Section 96(AA) modification to an approved multi unit development containing 8 townhouses. REFERENCE    DA/2552/2002/B - 24 February 2010 APPLICANT/S   Cam Consulting OWNERS           Mr H Poole and Mrs D M Poole REPORT OF      Manager Development Services REASON FOR REFERRAL TO COUNCIL                             The application is referred to Council as the original application was approved by the Land and Environment Court. The application also seeks retrospective approval.

11668

RESOLVED      (Finn/Barber) That the application be deferred pending a report on the legal implications of Council retrospectively approving a non complying application and on Council’s options should it wish to refuse the application together with advice from the Chief Executive Officer on other matters associated with the development application. DIVISION       The result being: AYES             The Lord Mayor, Councillor P J Garrard and Councillors P B Barber, J Chedid, G J Elmore, J D Finn, M A Lack, C X Lim, S D Lloyd, P K Maitra, M D McDermott and L E Wearne. NOES             Councillor A Issa, OAM. NOTE:       Councillor A Bide declared a conflict of interest in this matter as his sister is an objector to the application and temporarily retired from the meeting during consideration and voting on this issue.

13.3

SUBJECT          60 Wigram Street, Harris Park Lot 13 DP 1024791) (Elizabeth Macarthur Ward) DESCRIPTION  To use Unit 4 as a beauty salon including the provision of massage in 2 rooms with associated signage. REFERENCE    DA/447/2010 - Submitted 11 June 2010 APPLICANT/S   Designcorp Australia OWNERS           L & D Properties Pty Limited REPORT OF      Manager Development Services REASON FOR REFERRAL TO COUNCIL                             The application is being referred to Council for determination as the application seeks approval for a beauty salon with 2 massage rooms.

11669

RESOLVED      (Bide/Chedid) That Development Application 447/2010 to use Unit 4 as a beauty salon including the provision of massage in 2 rooms with associated signage on land at 60 Wigram Street, Harris Park 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 A Lack,  C X Lim, S D Lloyd, P K Maitra, M D McDermott and L E Wearne. NOES             None. .

13.4

SUBJECT          4-6 Hammers Road Northmead (Lots 8-9 DP 7339) (Arthur Phillip Ward) DESCRIPTION  Consolidation of two allotments, re-subdivision into 3 lots, tree removal and construction of seniors housing development to accommodate 11 villas on proposed lot B. REFERENCE    DA/714/2009 - Submitted 19 October 2009 APPLICANT/S   JS Architects Pty Ltd OWNERS           Mr G Chong, Ms K Emerson, Ms J Lee, Mr C Baissari REPORT OF      Manager Development Services REASON FOR REFERRAL TO COUNCIL                             The application has been referred to Council as the proposal has received more than 5 objections.

11670

RESOLVED      (Lim/Lloyd) That consideration of this matter be deferred pending a conciliation meeting to be held between staff, the applicant and 5 representatives of the objectors. 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 A Lack,  C X Lim, S D Lloyd, P K Maitra, M D McDermott and L E Wearne. NOES             None.

13.5

SUBJECT          40 Eleanor Street, Rosehill (Lots 29-31 & Lots 41-43 DP 2249) (Elizabeth Macarthur Ward)

DESCRIPTION  Section 96 (1a) modification to approved alterations and additions to a place of public worship.

REFERENCE    DA/688/2008/B - Submitted 3 June 2010

APPLICANT/S   POZ International Pty Ltd

OWNERS           Boch. Shri Akshar-Purushotlam Swam. Boch. Shri Akshar-Purushotlam Swam. Sanstha P/L

REPORT OF      Manager Development Services

REASON FOR REFERRAL TO COUNCIL

                            The application has been referred to Council as the proposal involves a Place of Public Worship and the parent Development Application was determined by Council.

11671

11672

RESOLVED      (Chedid/Lloyd)

That this matter be deferred until after the 8.30 pm adjournment of the meeting.

RESOLVED       (Chedid/Lloyd)

That Council as the consent authority modify Development Consent No. 688/2008 under the provisions of Section 96(1A) of the Environmental Planning and Assessment Act in the following manner:

1.               Modify Condition No. 1 to include the following plans:

Drawing N^0	Dated
01A Existing and Proposed Site Plan for 40 Eleanor Street, Rosehill	31 May 2010
03A Proposed Ground Floor Plan for 40 Eleanor Street, Rosehill	31 May 2010
05A Proposed Ground Floor Plan for 40 Eleanor Street, Rosehill	31 May 2010
7A Proposed Roof Plan for 40 Eleanor Street, Rosehill	31 May 2010
08A Proposed and Existing North Elevation Plan for 40 Eleanor Street, Rosehill	31 May 2010
09A Proposed and Existing South Elevation Plan for 40 Eleanor Street, Rosehill	31 May 2010
010A Proposed and Existing East Elevation Plan for 40 Eleanor Street, Rosehill	31 May 2010
11A Proposed and Existing West Elevation Plan for 40 Eleanor Street, Rosehill	31 May 2010
13A Proposed Section A and Section B Plan for 40 Eleanor Street, Rosehill	31 May 2010
13.1 Proposed Section C and Section D Plan for 40 Eleanor Street, Rosehill	31 May 2010
15A Landscape Plan for 40 Eleanor Street, Rosehill	31 May 2010

Reason:          To ensure the work is carried out in accordance with the approved plans.

     2.           The ceiling of the dome is to be constructed in perspex or                         glass.

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 A Lack,  C X Lim, S D Lloyd, P K Maitra, M D McDermott and L E Wearne.

NOES             None.

NOTE:    Councillor A Issa, OAM returned to the meeting at 8.46 pm during consideration of this matter (this being the last development application considered following the adjournment).

13.6

SUBJECT          465-483A Wentworth Avenue, Toongabbie
(Lot 1 DP 801715, Lot 141 DP 718761, Lot 13B DP 311951 and Lot 3 DP 621907, Lot 13A DP 311951 and Lot 2 DP 621907) (Caroline Chisholm Ward)

DESCRIPTION  Section 96(1A) modification to an approved 3 storey mixed use development containing 7 commercial tenancies and 30 residential apartments.

REFERENCE    DA/135/2007/D - 18 June 2010

APPLICANT/S   Bhata Investments

OWNERS           Dr P J Baird

REPORT OF      Manager Development Services

REASON FOR REFERRAL TO COUNCIL

                            The application is referred to Council as the original application DA/137/2007 was determined at the Regulatory Council Meeting of 10 March 2008.

11673

RESOLVED      (Barber/Chedid)

That Council as the consent authority modify Development Consent No. 137/2007 under the provisions of Section 96(1A) of the Environmental Planning and Assessment Act in the following manner:

1.      The development is to be carried out in accordance with the following plans and documentation listed below and endorsed with Council’s stamp, except where amended by other conditions of this consent:

Document(s)	Dated
Site Plan. Job no. 332629. Revision B.	26/5/2010
Elevations and Sections. Job no. 332629. Revision B.	26/5/2010
Floor Plan. Job no. 332629. Revision B.	26/5/2010

Reason:  To ensure the work is carried out in accordance    with the approved plans.

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 A Lack,  C X Lim, S D Lloyd, P K Maitra, M D McDermott and L E Wearne.

NOES             None.

13.7

SUBJECT          Former Eastwood Brickworks (Lot 7 DP 270605) (Lachlan Macquarie Ward) DESCRIPTION  Construction of 14 dwellings on lots 11-24 in an approved subdivision of Lot 7 DP 270605 REFERENCE    DA/425/2010 - Submitted 2 June 2010 APPLICANT/S   AVJBOS Eastwood Developments Pty Ltd OWNERS           AVJBOS Eastwood Developments Pty Ltd REPORT OF      Manager Development Services REASON FOR REFERRAL TO COUNCIL The application has been referred to Council as the application seeks variations of  greater than 10% to the allotment size/frontage control of clause 38(1)(b), the height control of clause 39(1)(a) and the floor space ratio control of clause 40(1) contained within Parramatta Local Environmental Plan 2001 and the application is accompanied by an objection under SEPP 1.

11674

RESOLVED      (Chedid/Wearne) (a)   That Council support the variations to Clause 38(1)(b) – allotment size/ frontage, Clause 39(1)(b) height, and Clause 40(1) – floor space ratio of Parramatta Local Environmental Plan 2001 under the provisions of SEPP 1. (b)   That development application (DA/425/2010) which seeks approval for the construction of 14 dwellings on lots 11-24 in an approved subdivision of Lot 7 DP270605 be approved subject to a conditional consent as outlined in Attachment 1. 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 A Lack,  C X Lim, S D Lloyd, P K Maitra, M D McDermott and L E Wearne. NOES             None.

13.8

SUBJECT          29-33 Darcy Road Westmead (Lot 10 DP 1150428) (Arthur Phillip Ward) DESCRIPTION  Section 96(1A) modification to an approved four storey mixed used development containing a supermarket, 1360m2 of retail floor space and 75 apartments. The modification include the provision of 6 additional apartments (total 81), changes to the internal layout, relocation of flood storage area, and changes to the plant rooms. REFERENCE    DA/829/2007/C - Submitted 10 February 2010 APPLICANT/S   Daniel McNamara Planning Solutions OWNERS           Coles Group Property Developments Limited REPORT OF      Manager Development Services REASON FOR REFERRAL TO COUNCIL                             The application has been referred to Council for determination because the parent Development Application was determined by Council.

11675

RESOLVED      (Lim/Maitra) (a)       That Council as the consent authority, modify development consent to Development Application No. DA/829/2007 for Section 96(1A) modification to an approved four storey mixed use development containing a supermarket, 1360m2 of retail floor space and 75 apartments. The modifications include the provision of 6 additional apartments (total 81), changes to the internal layout, relocation of flood storage area, and changes to the plant rooms’, as shown on        the plans submitted with the modification of determination, for a period of 5 years from the date on the original Notice of Determination subject to the modifications to the consent outlined in Attachment 1. (b)       Further, that objectors be advised of Council’s decision. 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 A Lack,  C X Lim, S D Lloyd, P K Maitra, M D McDermott and L E Wearne. NOES             None.

13.9

SUBJECT          3 Campbell Street, Parramatta (LOT 2 DP 208827) (Arthur Phillip Ward) DESCRIPTION  Section 96(2) modification to an approved nine storey mixed use development including increasing the area of the basement and ground floor carparking areas to provide 5 additional spaces (total 46), changes to the internal layout, and changes to the external facade. REFERENCE    DA/955/2005/A - 21 May 2009 APPLICANT/S   Mrs L Saade OWNERS           Mrs L Saade REPORT OF      Manager Development Services REASON FOR REFERRAL TO COUNCIL                             The application has been referred to Council as the original development application to which it relates was determined at a Council Meeting.

11676

RESOLVED      (Lim/Chedid) (a)     That Council as the consent authority grant development consent to Section 96 Modification Application DA/955A/2005 which relates to modification to an approved nine storey mixed use development including increase in the number of units from 46 to 54, increasing the area of the basement and ground floor car parking areas to provide additional spaces, changes to the internal layout of units and changes to the external façade. (b)     Further, that the objector be advised of Council’s decision. DIVISION       The result being: AYES             The Lord Mayor, Councillor P J Garrard and Councillors A Bide, J Chedid, G J Elmore, J D Finn, A Issa, OAM, M A Lack, C X Lim, S D Lloyd, P K Maitra, M D McDermott and L E Wearne. NOES            Councillor P B Barber.

ADJOURNMENT OF MEETING

In accordance with Council's decision of 23 October 2000 (Minute No 5712) the meeting adjourned at 8.25 pm for a period of 10 minutes.

RESUMPTION OF MEETING

The meeting resumed in the Council Chamber at 8.45 pm, there being in attendance The Lord Mayor, Councillor P J Garrard and Councillors P B Barber, A Bide, J Chedid, G J Elmore, J D Finn, M Lack, C X Lim, S D Lloyd, M D McDermott, P K Maitra and L E Wearne.

Note

Councillor A Issa returned at 8.46pm during Item 13.5 which had been deferred until after the adjournment.

CLOSED SESSION
11677	RESOLVED      (Elmore/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. (D01607776) - 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       Non – Compliance with Development Consent DA/1200/2005 – 55 Cross Street, Guildford -  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
	The decisions of Closed Session be noted as follows:-

14.1	SUBJECT          Legal Matters Monthly Report to Council REFERENCE    F2004/07898 - D01607776 REPORT OF      Acting Manager Development Services Unit
11678	RESOLVED      (Lim/Maitra) That the report be received and noted.

14.2

SUBJECT          Non Compliance with Development Consent DA/1200/2005 - 55 Cross Street, Guildford REFERENCE    F2010/01235 FROM                 Legal Services Support Officer

11679

RESOLVED      (Issa OAM/Elmore) (a)      That Council instruct Maddocks to commence Class 4 proceedings in the Land and Environment Court against the owners of the property, Suheir Zreik to cause compliance with all relevant laws and requirements. (b)      Further, that Council instruct Maddocks to commence Class 5 prosecution proceedings in the Land and Environment Court against the owner of the property, Suheir Zreik and the builder/building companies involved in the construction, if the CEO and General Counsel consider that further evidence has been collated that result in good prospects for success. NOTE:       Councillor J Chedid requested his name be recorded as having voted against this decision.

QUESTION TIME

1

SUBJECT          Bill Posting in Parramatta and Guildford REFERENCE    F2008/04592 FROM                 Councillor G Elmore

11680

Councillor Elmore noted the proliferation of bill posting on telegraph poles around Guildford and Parramatta advertising the Roxy and asked whether Council could issue fines in relation to this practice. Councillor Wearne agreed and referred to the number of bills posted along Victoria Road from Ermington to Parramatta. The Lord Mayor advised that the bills were regularly removed as part of Council’s general maintenance routine but added that he had noticed numbers were increasing of late. The Group Manager Outcomes and Development advised that the Act permitted Council to only fine the person responsible for physically posting the bills, which made prosecution difficult.

2	SUBJECT          Bridge Road, Westmead - Installation of Chicanes REFERENCE    F2008/04592 FROM                 Councillor P Maitra
11681	Councillor Maitra requested that the Traffic Engineer investigate the installation of chicanes in Bridge Road, Westmead in the vicinity of Darcy Road and the Dyldam Development.

3	SUBJECT          Traffic Calming in Factory Street, North Parramatta REFERENCE    F2008/04592 FROM                 Councillor J D Finn
11682	Councillor Finn noted that traffic was being redirected in North Parramatta which had resulted in an increase in traffic in Factory Street, North Parramatta. Councillor Finn requested that the Traffic Engineer investigate the installation of traffic calming measures in Factory Street to minimise traffic and limit disturbance to local residents.

4

SUBJECT          Medical Centre in Benaud Place, Telopea REFERENCE    F2008/04592 FROM                 Councillor M McDermott

11683

Councillor McDermott sought advice as to whether a development application had been lodged for the placement of a medical centre in Benaud Place Shopping Centre, Telopea. The Group Manager Outcomes and Development advised that a development application could not be located as yet but added that the matter would be further investigated. Councillor McDermott requested that all Councillors be advised of the results of the investigation as local residents had a number of concerns.

5	SUBJECT          Harris Street , Harris Park - Trimming of Vegetation REFERENCE    F2008/04592 FROM                 Councillor A Issa OAM
11684	Councillor Issa advised that in Harris Street, Harris Park in the vicinity of Alice Street, there is vegetation that requires trimming as it is obscuring the vision of motorists. Councillor Issa requested that the appropriate action be taken to alleviate this problem.

6

SUBJECT          Church Street Road Widening REFERENCE    F2008/04592 FROM                 Councillor C X Lim

11685

Councillor Lim noted the recent announcement of the road widening of Church Street by Roads Minister David Borger and understood that this announcement did not confirm the actual construction plans. As such, he asked that the Lord  Mayor seek substantive confirmation that the proposed road widening: (a)      Is to occur along Church Street from Pennant Hills Road to By Street; (b)      Is respectful and does not negatively impact on the unmarked graves outside of St Patrick's Cemetery; (c)       Will need the cooperation of Council in the long overdue fence for St Patrick's Cemetery.

7

SUBJECT          Federal Infrastructure Funding REFERENCE    F2008/04592 FROM                 Councillor C X Lim

11686

Councillor Lim asked whether the Lord Mayor could send, before the upcoming Federal Election on 21 August 2010,  letters seeking clarification of what constitutional, legal and/or logistical obstacles exist that would prevent groups of larger local governments like Parramatta, Ryde, Hornsby and The Hills to apply directly to the Federal Government for Federal Infrastructure funding. Councillor Lim noted that such applications could be either in partnership or separate from the NSW State Government and should be directed to: (a)     Prime Minister Julia Gillard; (b)     Infrastructure and Local Government Minister Anthony Albanese; (c)     Opposition Leader Tony Abbott; (d)     Shadow Infrastructure Minister Barnaby Joyce; (e)     Shadow Local Government Minister Warren Truss. The Lord Mayor advised that it was not appropriate for him to be forwarding such letters unless directed to do so by the Council and whilst he agreed in principle with the content, the issue should form part of a future notice of motion to Council.

8	SUBJECT          Replacement Tree - Prince Alfred Park REFERENCE    F2008/04592 FROM                 Councillor A Bide
11687	Councillor Bide requested that a replacement Lebanese Cedar tree be planted in Prince Alfred Park. The Lord Mayor agreed and requested that the replacement tree be sufficiently mature to prevent its easy removal.

9	SUBJECT          Closure of Church Street, Parramatta REFERENCE    F2008/04592 FROM                 Councillor A Bide
11688	Councillor Bide sought advice as to whether Councillor Esber had obtained the necessary permits to allow the closure of Church Street as part of the dining article reported in the Daily Telegraph of 28 July 2010.

10

SUBJECT          Dog Excrement in Centenary Avenue, Northmead REFERENCE    F2008/04592 FROM                 Councillor S Lloyd

11689

Councillor Lloyd referred to the excessive amount of dog excrement on the footpaths in Centenary Avenue, Northmead and questioned whether appropriate signs could be erected together with increased ranger patrols of the area. The Group Manager Outcomes and Development advised that a letter box drop could be carried out and ranger patrols could be arranged. The Lord Mayor noted, however, that Council could not erect signage on a private estate.

11	SUBJECT          Prevention of Graffiti REFERENCE    F2008/04592 FROM                 Councillor J Chedid
11690	Councillor Chedid noted that 2 bus shelters had been ‘tagged’ in Elizabeth Street and requested a report addressing whether the Graffiti Task Force was still meeting and also on the involvement of the Crime Prevention Officer in reducing the amount of graffiti. The Group Manager Outcomes and Development advised that an appropriate report would be prepared.

12	SUBJECT          Inappropriate Advertising - 11 Francis Street, Epping REFERENCE    F2008/04592 FROM                 Councillor L E Wearne
11691	Councillor Wearne noted that the timber fence surrounding 11 Francis Street, Epping at the corner of Midson Road, was covered in advertising and requested that appropriate action be taken to remove the advertising.

13	SUBJECT          Overhanging Trees - Virginia and Arthur Streets, Rosehill REFERENCE    F2008/04592 FROM                 The Lord Mayor, Councillor P J Garrard
11692	The Lord Mayor advised that trees were overhanging Virginia and Arthur Streets, Rosehill and requested that action be taken to address this problem.

The meeting terminated at 9.00 pm.

THIS PAGE AND THE PRECEDING 24 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON MONDAY, 9 AUGUST 2010 AND CONFIRMED ON MONDAY, 23 AUGUST 2010.

Lord Mayor