Agenda of Council - 27 September 2010

Council 27 September 2010

TABLE OF CONTENTS

ITEM SUBJECT PAGE NO

1 CONFIRMATION OF MINUTES - (Development) - 13 September 2010

2 APOLOGIES

3 DECLARATIONS OF INTEREST

4 Minutes of Lord Mayor

5 Public Forum

6 PETITIONS

7 COUNCIL MATTERS TO BE ADOPTED WITHOUT DISCUSSION

8 Economy and Development

8.1 Section 96 Modification - Parramatta Stadium (11-13 O'Connell Street, Parramatta) (Lots 951-965 in DP 42643) (Arthur Phillip Ward)

8.2 Minutes of the Heritage Advisory Committee

8.3 3 Ada Street, Harris Park (Lot B FP 382156) (Elizabeth Macarthur Ward)

8.4 5 Sutherland Street, North Parramatta

8.5 59 Victoria Road Parramatta (Lot 2 DP 37358) (Arthur Phillip Ward)

8.6 61 Victoria Road, Parramatta (Lot 3 in DP 37358) (Arthur Phillip Ward)

8.7 134 - 136 Woodville Road, Merrylands
(Lot 1 DP 194675, Lot 26 DP 979273) (Woodville Ward)

8.8 Business Promotion and Sponsorship Requests

9 Environment and Infrastructure

9.1 Baludarri Wetland Plan of Management

9.2 Covert MPS (Disabled) Program

9.3 Asbestos Enforcement Policy

9.4 Enforcement Policy Outdoor Dining Areas

9.5 Companion Animal Management Plan

9.6 Expression of Interest, Parking Adjudication Review Panel

10 Community and Neighbourhood

10.1 Access Advisory Committee Minutes 17 August 2010

10.2 Community Advisory Committee Minutes 18 August 2010

10.3 Aboriginal and Torres Strait Advisory Committee Meeting 24 August 2010

10.4 Fees and Charges for the Advertising of External Recreation Services in Parramatta City Council's School Holiday Guide

10.5 61 Mobbs Lane, Epping (former Channel 7 site)
Lot 1 DP 129023, Lot 2 DP 129023, Lot 1 DP 570891, Lot 2 DP 732070 (Lachlan Macquarie Ward)

11 Governance and Corporate

11.1 RMIA Risk Management 7th Annual Conference "Better, Faster, Smarter" in Sydney from 21 - 24 November 2010

11.2 Proposed Re-alignment of Local Government Boundary along Old Windsor Road Seven Hills

11.3 Investments Report for July 2010

11.4 Overhanging Structures upon Council`s Roadway - 2 - 6 Howard Avenue Northmead

12 Notices of Motion

12.1 Proposal to rename a small part of Grose Street, North Parramatta to Eels Place, North Parramatta

12.2 Proposal to rename a small part of Amos Street, Parramatta to Kfarsghab Place, Parramatta

12.3 Proposal to consider a Memorandum of Understanding with Better Place Australia

13 Closed Session

13.1 Tender WSROC – WR01-08/09 – Provision of Pavement Marking Services – Schedule of Rates Tender.

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.

13.2 Proposed Variations to Existing Waste Processing and Disposal Contract.

This report is confidential in accordance with section 10A (2) (c) of the Local Government act 1993 as the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

13.3 Tender 15/2010 Epping Lane, Epping, Shared Traffic Zone - Civil, Drainage, Paving, Landscape and Streetscape Works.

13.4 To Review the reasons for the deferral of DA129/2010 by the Joint Regional Planning Panel at its meeting of 9 September 2010 and to make recommendations accordingly.

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.

14 DECISIONS FROM CLOSED SESSION

15 QUESTION TIME

Council 27 September 2010 Item 8.1

ECONOMY AND DEVELOPMENT

ITEM NUMBER 8.1

SUBJECT Section 96 Modification - Parramatta Stadium (11-13 O'Connell Street, Parramatta) (Lots 951-965 in DP 42643) (Arthur Phillip Ward)

DESCRIPTION Section 96(2) modification to an approved development application for the use of Parramatta Stadium and its surrounds for non-sporting events, including increasing the number and hours of events and extending the period for which non-sporting events can be held until 2016.

REFERENCE DA/659/2007/A - submitted 30 July 2010

APPLICANT/S Parramatta Stadium Trust

OWNERS The State of NSW - Crown Land held in Trust and Control by the Parramatta Stadium Trust

REPORT OF Manager Development Services

DATE OF REPORT 2 September 2010

REASON FOR REFERRAL TO COUNCIL

The application is referred to Council for determination due to the original development application having been determined by Council and is referred to this meeting due to the proponent seeking to carry out a cultural festival (Navarati) in early October 2010.

EXECUTIVE SUMMARY

This application seeks to modify Development Consent No. 659/2007 under the provisions of Section 96(2) of the Environmental Planning and Assessment Act, 1979.

The original development application involved the use of Parramatta Stadium and its surrounds for additional activities including music festivals and concerts, cultural festivals, children’s carnivals and an annual motorcross (motorbike) event.

Council, at its meeting of 8 September 2008, resolved to grant its consent to DA/659/2007, subject to the deletion of any reference to the motorcross event.

The applicant, in accordance with the former Section 116D (now section 89) of the Environmental Planning & Assessment Act, 1979, referred the matter to the Minister for Planning for determination, not being satisfied with the refusal of the motorcross event.

A mediation meeting between representatives of Parramatta City Council and Parramatta Stadium Trust was chaired by senior officers of the Department of Planning on 18 September 2008. No agreement was reached between the applicant and Council on this occasion.

On 25 September 2008, the Minister for Planning directed Council to approve the development application with the inclusion of the motorcross event within 15 days of that date. The Notice of Determination was ultimately issued on 7 October 2008.

Since that time, the following events have taken place at Parramatta Stadium (in addition to World Cup and NRL Rugby League, Soccer and junior sporting events):

Date	Activity	Attendance
8 November 2008	Super X – Australian Supercross Championships	>10,000
11 October 2009	Deepavali Fair	>12,000
17 October 2009	Spring Break	1,700
14 November 2009	Super X Motocross	>10,000

These events appear to have been carried out without major incident or complaints having been received by Parramatta City Council.

Approval is now being sought to modify Condition No. 14 to extend the duration of the consent from three years to five years (to conclude on 7 October 2016), then to be subject to a further application to Council to continue the additional uses.

In addition, Condition No. 15 of Development Consent No. 659/2009 is sought to be amended in the manner shown in ‘strikethrough’ below, thereby increasing the potential number of hours of some events, increase the number of Motocross events from one to three, increase the number of cultural events from one to 12, increase the number of children’s carnivals from one to three.

15. In addition to the existing sporting activities approved for Parramatta Stadium, this consent is limited to the following activities, frequencies and times:

Activity	Frequency	Times
Music festivals & concerts	Maximum three events per year	Music festivals: 10.00am to ~~8.00pm~~ 11.30pm, weekends. No music festivals to take place during the Easter or Christmas public holidays or the day preceding. Concerts: Noon ~~7.00pm~~ to ~~10.00pm~~ 11.30pm, Fridays and Saturdays only (or Sundays ~~adjacent to a Monday Public Holiday~~ (except Easter Sunday). No concerts to take place during the Easter or Christmas public holidays or the day preceding.
Cultural festival	~~One~~ 12 per year	Weekends only, between the hours of 10.00am and ~~8.00pm~~ Midnight, excluding Good Friday and Christmas Day.
Children’s carnivals	~~One~~ Three per year	10.00am to 6.00pm.
Motocross events	Maximum of ~~one~~ three events per year	~~Saturday night only to conclude no later than 9.30pm and not during the Easter or Christmas Public Holidays. Practice sessions to be held on the day of the event only.~~ Friday to Saturday (except Good Friday, Easter Sunday and Christmas public holidays), between the hours of Noon and 10.00pm).

The applicant requests that events which include motorbikes, BMX bikes, monster trucks and the like also to be included within the category of ‘Motocross events’.

The applicant is also seeking Council’s approval to revise and update the conditions relating to management plans so that noise data relating to events and the Noise Management Plan are all available on the Parramatta Stadium’s website, as well as Crowd Management, Pedestrian and Traffic Management, Waste Management information and that liaising with the Local Area Command of the NSW Police is done more efficiently.

The applicant is also seeking to reduce the neighbourhood notification period for the lead-up of events from 60 days to 30 days. This shorter period is still considered to be sufficient time to notify surrounding property owners and occupiers of upcoming events. These details are outlined further in Attachment 1.

In accordance with Council’s Notification DCP, owners and occupiers of surrounding properties were given notice of the application for a 14 day period between 11 and 25 August 2010, five submissions were received.

The safeguards previously imposed in the Notice of determination having regard to the more sensitive land uses surrounding the site will be maintained and not compromised as a result of this proposal. These safeguards include restrictions on the hours and days of operation, monitoring and planning of events and crowd, noise, waste, pedestrian and traffic management. The provision of management plans for events will also be simplified by ensuring that such plans are provided on the Parramatta Stadium Trust’s website. The proposed modifications also recommend minor changes to the wording of a number of conditions that will in no way alter the integrity of the consent.

Given the public benefit of the additional activities, the manner in which previous activities have occurred and the Minister for Planning’s previous comment that, “the impacts of the proposal can be readily managed by conditions and are reasonable”, the proposal is considered satisfactory and is recommended for approval in the manner outlined in Attachment 1.

RECOMMENDATION

(a) That, subject to the concurrence of the Minister for Planning and in accordance with Sections 89 and 89B of the Environmental Planning & Assessment Act, 1979, Council as the consent authority modify Development Consent No. 659/2007 under the provisions of Section 96(2) of the Environmental Planning and Assessment Act in the following manner:

Condition 2 is deleted and replaced with the following condition:

2. All non-sporting events shall be managed in accordance with the Noise Management Plan prepared by Pollution Control Consultancy and Design, dated October 2008 (published on the Parramatta Stadium Trust’s website). Additionally, Noise Management Plan readings shall be taken and published on the Parramatta Stadium Trust’s website for each Motocross event where motorised vehicles are involved, and any non-sporting event with amplified music.

Reason: Having regard to the Protection of the Environment (Noise Control) Regulation 2008 and Protection of the Environment Operations Act 1997.

Condition 3 is deleted.

Condition 7 is deleted and replaced with the following condition:

7. In respect of each non-sporting event to be held on the subject site, a crowd dispersal management plan for each of the four categories of events shall be prepared by a suitably qualified event organiser/coordinator/promoter and adhered to at all times.

Reason: To ensure that adequate crowd dispersal measures are employed.

Condition 8 is deleted and replaced with the following condition:

8. A Pedestrian and Traffic Management Plan for any non-sporting event must be submitted to and approved by Council and include:

(a) Proposed ingress and egress of vehicles to and from the site;

(b) Proposed protection of pedestrians adjacent to the site at various stages of events;

The Pedestrian and Traffic Management Plan shall be implemented during all events and published on the Parramatta Stadium Trust’s website.

Reason: To maintain pedestrian and vehicular safety.

Condition 9 is deleted and replaced with the following condition:

9. The applicant and/or organiser shall confer with the NSW Police (Parramatta Local Area Command) regarding the proposed measures to minimise the possibility of any anti-social and criminal behaviour during events and undertaking any additional measures that might be recommended to enhance such security measures. This information to be included in the crowd dispersal management plan referred to in Condition 6 above. Parramatta Stadium Trust shall advise the local area command and Council’s nominated officer at least 14 days prior to a non-sporting event of the expected attendance, date of event, any preliminary practice sessions or rehearsals, expected duration and information which may assist the Police. This shall include a telephone number of a person authorised by the Parramatta Stadium Trust and of the organiser, to discuss any event management issues during events.

Reason: To ensure that a satisfactory level of security is put in place to minimise the extent of any anti-social behaviour in the locality.

Condition 12 is deleted and replaced with the following condition:

12. Licensed security is to be provided at events at a ratio to be determined after consultation with the NSW Police (Local Area Command).

Reason: For crowd control.

Condition 14 is deleted and replaced with the following condition:

14. This consent is valid for a period of eight years from date of determination (the date of determination being 7 October, 2008). Following this time, if the applicant wishes to continue with the additional uses of the site, an application pursuant to Section 96(2) of the Environmental Planning & Assessment Act, 1979 shall be lodged, at least 3 months prior to the expiration of the eight years period (i.e 7 July 2016), requesting amendment to this condition.

Reason: In order for Council to assess the on-going impacts of the additional uses.

Condition 15 is deleted and replaced with the following condition:

15. In addition to the existing sporting activities approved for Parramatta Stadium, this consent is limited to the following activities, frequencies and times:

Activity	Frequency	Times
Music festivals & concerts	Maximum three events per year	Music festivals: 10.00am to 11.30pm, weekends. No music festivals to take place during the Easter or Christmas public holidays or the day preceding. Concerts: Noon to 11.30pm, Fridays and Saturdays only (or Sundays (except Easter Sunday). No concerts to take place during the Easter or Christmas public holidays or the day preceding.
Cultural festival	Maximum of 12 events per year	Weekends only, between the hours of 10.00am and Midnight, excluding Good Friday and Christmas Day.
Children’s carnivals	Maximum of three events per year	10.00am to 6.00pm.
Motocross events	Maximum of three events per year	Friday to Saturday (except Good Friday, Easter Sunday and Christmas public holidays), between the hours of Noon and 10.00pm).

Condition 17 is deleted and replaced with the following condition:

17. A letterbox drop to all residents within a 1km radius of the site advising of the events covered by this consent is to be undertaken by the applicant or event organiser at least 30 days prior to all future non-sporting events, including future motorcross events. An outline of the hours of the events and direct contact details of the event coordinator responsible is to be provided to these residents. A copy of the required written notification is also to be forwarded to Council’s Development Services Unit at least 30 days prior to all future non-sporting events, including Motocross.

Reason: To keep local residents and Council informed of events covered by this consent.

Condition 18 is deleted and replaced with the following condition:

18. All non-sporting events shall be managed in accordance with the Waste Management Plan published on the Parramatta Stadium Trust’s website.

Reason: To ensure that suitable waste disposal occurs.

The Lapsing Date on the Notice of Determination dated 7^th October, 2008 be unchanged.

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

Alan Middlemiss

Senior Development Assessment Officer

Development Assessment Services

Attachments:

1 View View	Section 96(2) report	26 Pages
2 View View	Previous report and attachments (including locality map)	58 Pages
3 View View	Minister's Determination	6 Pages
4 View View	Council Minutes of 8th September, 2008	8 Pages
5 View View	Notice of Determination to DA/659/2007	12 Pages
6 View View	Approved Noise Management Report	12 Pages
7 View View	Approved Event Management Plan	18 Pages
8 View View	Approved Traffic Management Plan	20 Pages
9 View View	Compliance with Conditions submission for Motorcross event of 8th November, 2008	95 Pages
10 View View	Noise Management Plan incorporating Motocross events	16 Pages

Council 27 September 2010 Item 8.2

ECONOMY AND DEVELOPMENT

ITEM NUMBER 8.2

SUBJECT Minutes of the Heritage Advisory Committee

REFERENCE F2005/01945 - D01661617

REPORT OF Project Officer

PURPOSE:

To inform Council of the key discussion points of the meeting of the Heritage Advisory Committee on 18 August 2010.

RECOMMENDATION

(a) That the minutes of the Heritage Advisory Committee meeting of 18 August 2010 be received and noted.

(b) Further, that the Parramatta Stories Project Officer be requested to report back to the Committee at its meeting in October on measures to provide appropriate recognition of the Benaud Family to the history of Parramatta.

BACKGROUND

1. Council’s Heritage Advisory Committee meets every two months and comprises 11 members.

2. Council’s Heritage Advisory Committee met on 18 August 2010. This report provides a summary of the key discussion points of that meeting for Council’s information and consideration.

3. The main issues considered at the meeting are outlined below.

(a) The Committee noted (item 52/10) that Council had accepted the application of Maureen McManus for appointment to the Committee as a representative of the Granville Historical Society. However, the Committee was advised that Ms McManus was unable to attend due to health reasons and accordingly, the Granville Historical Society had been invited to nominate a further representative.

(b) The Committee (item 54/10) considered a further batch of items of State significance in Council’s environmental planning instruments, but not on the State Heritage Register, and concluded that the following could be added to the Register: 46 Bertha Street, Granville; 15 Bradman Street, Granville; 27, 29, 33 -- 47 Chiswick Road, South Granville; Delwood Shopping Centre, South Granville; 30 Elizabeth Street, Parramatta and 225 Marsden Rd, Carlingford (Dalmar Children's Home). The comments of the Committee will be considered further as part of Council’s comprehensive heritage review.

(c) The Committee after being briefed on proposals for the demolition of 5 Sutherland Road, North Parramatta (item 55/10) resolved that the importance of the Benaud Family to the history of Parramatta be acknowledged and Council be requested to provide appropriate recognition as part of the Parramatta Stories Project. The Committee further resolved that local historical societies represented on the Committee who have collected information on important Parramatta persons, could consider sharing this with the Parramatta Stories Project. As a means of reinforcing Council action to recognise the importance of the Benaud Family, it is recommended that the Parramatta Stories Project Officer be requested to report back to the Committee at its meeting in October on measures to provide appropriate recognition of this important family.

(d) The Committee was advised (item 58/10) that Council has received representations from the Heritage Branch of the NSW Department of Planning seeking that a portion of the Parramatta River Sand sheet, possibly the Council reserves adjoining Harris Street, Parramatta, be included on the State Heritage Register. The Heritage Branch is also seeking a Council resolution in support of this action. The sand sheet (levy) is situated along the Parramatta River in the vicinity of the Parramatta City Centre and is known to contain highly significant evidence of Aboriginal occupation (dating back approximately 30,000 years). The Committee resolved that it supports the inclusion of a portion of the sand sheet on the State Heritage Register. A conclusive case for listing has not yet been substantiated and therefore it is not appropriate at this stage to seek Council endorsement of the proposed listing. It is proposed that this matter be reported back to Council in November, when investigations for the listing should be complete, as part of the Heritage Advisory Committee minutes. Council can then decide whether to support the listing.

(e) The Committee recommended (item 56/10) that the following applications for funds from Council's Local Heritage Fund be granted: $2000 for 144 Good Street, Harris Park; $2000 for 180 Windsor Road, Northmead; $900 for 73 Eleanor Street, Rosehill and $2000 for 16 Rosehill Street, Parramatta. However, the Committee recommended that no grant be made for 14 Rosehill Street, Parramatta as the installation of kitchen granite bench tops was not considered to be in accordance with the criteria of the Local Heritage Fund.

4. There are no requests for additional expenditure arising from this meeting.

Paul Kennedy Sue Stewart

Project Officer Senior Project Officer

Land Use Planning Land Use Planning

Attachments:

1 View

Heritage Advisory Committee Minutes for 18 August 2010

9 Pages

REFERENCE MATERIAL

Council 27 September 2010 Item 8.3

ECONOMY AND DEVELOPMENT

ITEM NUMBER 8.3

SUBJECT 3 Ada Street, Harris Park (Lot B FP 382156) (Elizabeth Macarthur Ward)

DESCRIPTION Demolition of an existing heritage listed dwelling.

REFERENCE DA/289/2010 - 14 April 2010

APPLICANT/S Australian Consultant Architects Pty Ltd

OWNERS Mr W Nikoloudis

REPORT OF Manager Development Services

Date of Report 14 September 2010

REASON FOR REFERRAL TO COUNCIL

The application has been referred to Council as the proposal seeks approval for demolition of a heritage item.

EXECUTIVE SUMMARY

The subject application seeks approval for demolition of the single storey heritage listed cottage. The cottage is of an example of an intact timber house built in the 1880’s and is listed as an item of local significance under Schedule 6 of Sydney Regional Environmental Plan No. 28 - Parramatta.

Concept plans for an attached two storey dual occupancy have been submitted for the proposed re-development of the site. This would require the submission of a further development application.

Applications for the demolition of heritage items are generally accompanied by reports from a Structural Engineer and a Quantity Surveyor. These reports are used by a consent authority to determine the structural condition of the building, the extent of works required to repair the building, and the cost of such works. The subject application was accompanied by a report from a Structural Engineer and from a Quantity Surveyor.

The findings of the submitted Quantity Surveyor’s and Structural Engineer’s report indicate that it would be economically unfeasible (with a restoration cost of approximately $300,000) to repair the cottage to a reasonable state. In this regard, Council’s Heritage Advisor is in support of the proposal.

The site adjoins several heritage listed items including number 1 and 5 Ada Street, and 48 Station Street East. The site is located within the Harris Park West Conservation Area.

One submission objecting to the demolition of the heritage item was received in response to the notification of the application.

Accordingly, the application is recommended for approval subject to the conditions contained in Attachment 1.

RECOMMENDATION

(a) That Council as the consent authority grant development consent by way of ‘deferred commencement’ to Development Application No. DA/289/2010 for the demolition of the existing heritage listed dwelling at 3 Ada Street, HARRIS PARK subject to the conditions contained within Attachment 1.

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

(c) Further, that as part of the next review of Council’s Heritage item that the heritage listing for No.3 Ada Street be removed.

Lina Dababneh

Development Assessment Officer

Attachments:

1 View	Section 79C Assessment Report	24 Pages
2 View	Locality Map	1 Page
3 View	Plans	2 Pages
4 View	Heritage Inventory Sheet	1 Page
5 View	Structural Engineer's Report	11 Pages
6 View	Quantity Surveyor's Report	9 Pages
7 View	Concept Plans for redevelopment of the site	5 Pages

Council 27 September 2010 Item 8.4

ECONOMY AND DEVELOPMENT

ITEM NUMBER 8.4

SUBJECT 5 Sutherland Street, North Parramatta

REFERENCE DA/533/2010 - D01662211

REPORT OF Acting Manager Land Use and Transport Planning

PURPOSE:

To provide Council with information submitted by Mr Michael Younes (owner of No. 5 Sutherland Road, North Parramatta) following the Minister of Planning’s advice that he will not make an Interim Heritage Order or a 136 Order under the Heritage Act 1977 for the property at 5 Sutherland Road, North Parramatta.

RECOMMENDATION

(a) That Council acknowledge the offer that has been made by Mr Michael Younes dated 31 August 2010 to construct a sandstone wall along the southern boundary of 5 Sutherland Road (Gilbert Street frontage) from the foundation material of the existing dwelling at 5 Sutherland Road, North Parramatta and that an opportunity will be made for Council to place a plaque to commemorate the ‘Benaud’ family on the sandstone wall.

(b) Further, that the owner be invited to submit detailed architectural plans of the sandstone wall and amend Development Application No.533/2010 so that the plans of the sandstone wall and plaque can be considered as part of the assessment of Development Application No.533/2010.

BACKGROUND

Development Application No. 533/2010 was submitted to Council on 6 July 2010 and seeks approval to demolition, tree removal and construction of a detached dual occupancy with torrens title subdivision at 5 Sutherland Road, North Parramatta.

On 24 August 2010 a Complying Development Certificate was issued by an accredited certifier (Peter J Boyce & Associates) authorising the demolition of the dwelling at No.5 Sutherland Road, North Parramatta.

At the time of writing this report the dwelling has not been demolished.

The day prior to the Complying Development Certificate being issued Council resolved in part the following:

‘That Council urgently write to the Minister for Planning and request the Minister to prepare an Interim Heritage Order on the property at 5 Sutherland Road, North Parramatta as it has local cultural significance.”

The NSW Department of Planning in a letter to the Lord Mayor dated 27 August 2010 advised that the Minister of Planning, following consideration of advice by the Heritage Council, has decided not to make an Interim Heritage Order or a 136 order under the Heritage Act 1977 over the item identified above.

REPORT

Following the decision of the Minister of Planning, Mr Michael Younes (the owner of the site) wrote to Council on 31 August 2010 and has offered to construct a sandstone wall along the southern boundary of 5 Sutherland Road (Gilbert Street) frontage from the foundation material of the existing dwelling at no cost to Council.

Mr Younes has also advised that there will be an opportunity for Council to place a plaque to commemorate the ‘Benaud’ family on the sandstone wall, with the cost associated with the plaque to be paid by Council. Mr Younes has also advised that an easement would be created in Council’s favour over the sandstone wall.

The offer that has been made by the owner of the property appears to have been made in good faith however, no detailed plans or elevations of the proposed sandstone wall have been submitted to Council for assessment nor have the terms of any proposed easement been submitted to Council for consideration.

As a result it is recommended that the owner be invited to submit detailed architectural plans of the sandstone wall and amend Development Application No.533/2010 so that the plans of the sandstone wall and plaque can be considered as part of the assessment of Development Application No.533/2010 by Council’s planning staff and heritage advisor.

Louise Kerr

Manager Land Use and Transport Planning

14 September 2010

Attachments:

1 View	Letter of offer from Michael Younes dated 31 August 2010	1 Page
2 View	Letter from NSW Department of Planning dated 27 August 2010	1 Page

REFERENCE MATERIAL

Council 27 September 2010 Item 8.5

ECONOMY AND DEVELOPMENT

ITEM NUMBER 8.5

SUBJECT 59 Victoria Road Parramatta (Lot 2 DP 37358) (Arthur Phillip Ward)

DESCRIPTION Demolish existing structures, tree removal and the construction of a two storey boarding house with 14 boarding rooms and a maximum occupancy of 16 boarders.

REFERENCE DA/21/2010 - Submitted 15 January 2010

APPLICANT/S Mr Nigel White

OWNERS Mrs M Hend

REPORT OF Manager Development Services

REASON FOR REFERRAL TO COUNCIL

This DA is referred to Council for determination due to the number of submissions received and that it involves development for the purposes of a boarding house.

This report was deferred from the Council Meeting on 13 September 2010 with view to further discussions being held with the applicant in relation to more appropriate on site management for the premises.

EXECUTIVE SUMMARY

DA/21/2010 is a development application seeking to demolish the existing structures on the site and construct a two storey boarding house to contain 14 boarding rooms and one communal living room to cater for a maximum of 16 boarders. The plan of management/plans lodged with the application indicate that the kitchen of each boarding room will be fitted with a sink, bar fridge, bench space, washing machine and dryer. The boarding rooms will also be supplied with a bed, table and chairs. Each bedroom will be provided with a phone line and it is at the tenant’s discretion whether or not they connect to the service. The plan of management identifies the hours of use of the common recreation area, indicating the room is not to be used after 10pm Sunday to Thursday or midnight on Fridays and Saturdays. There is no provision for an on-site manager to reside within the boarding house.

In accordance with Council’s Notification DCP, owners of surrounding properties were given notice of the application for a period of 21 days between 27 January and 17 February 2010. In response, ten submissions were received objecting to the proposal, including one petition from six properties. As a result of the level of concern expressed in the submissions, an onsite meeting was held with the persons who made submissions, the applicant, the assessment officer and Councillors on 1 May 2010. Eleven residents from the neighbourhood attended the onsite meeting. Amended plans were renotified between 7 and 28 July 2010 and one submission was received. Issues that were raised at the onsite inspection and in submissions addressed the suitability of the site for a boarding house given the residential zone, proximity to a girls school, playground, the distance from the CBD, the cumulative impacts given a similar boarding house is proposed on the adjoining site, the lack of parking, the impact upon property values, the appearance of the development, noise, the type of tenants, the facilities for tenants, loss of privacy, loss of trees and heritage impact.

State Environmental Planning Policy (Affordable Rental Housing) 2007 (ARHSEPP) was introduced to ensure that affordable rental housing projects were treated equitably across the state and subject to ARHSEPP a boarding house is permissible with consent on the subject site. It is noted that at clause 8, ARHSEPP indicates that where there is an inconsistency between it and any other environmental planning instrument, ARHSEPP prevails to the extent of the inconsistency. As such ARHSEPP does not override provisions of the LEP that are not inconsistent with ARHSEPP. Clause 29 sets standards that if met cannot be used to refuse consent to an application for a boarding house and the proposal satisfies these standards other than the standard related to FSR. ARHSEPP requires that consent cannot be refused on the basis of density if the development does not exceed the maximum FSR applying to the site. The LEP specifies a maximum FSR of 0.6:1 and the proposal seeks a FSR of 0.75:1. Notwithstanding the FSR proposed is higher, the density of the proposal is considered appropriate given the context of the site in an area that contains a number of residential flat buildings. Clause 30 contains standards for boarding houses and the proposal is consistent with those standards.

The site is zoned Residential 2(b) under Parramatta Local Environmental Plan 2001 and within that zone a boarding house is permissible with consent. The proposal is consistent with the provisions of Parramatta Local Environmental Plan 2001 and Parramatta Development Control Plan 2005.

The subject site is proposed to be zoned R3 Medium Density Residential under Draft LEP 2010. The proposed use is defined as a boarding house and will be permissible land use on the site if the proposed zoning proceeds. The proposal is generally consistent with the relevant objectives of the zone.

Accordingly, the application is recommended for approval.

RECOMMENDATION

(a) That Council, as the consent authority, grant consent to Development Application No. DA/21/2010 for demolition of the existing structures and construction of a boarding house containing 14 boarding rooms at 59 Victoria Road, Parramatta as shown on the approved plans, subject to the conditions in Attachment 1.

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

Kerry Gordon

Consultant Town Planner

Kerry Gordon Planning Services Pty Ltd

Attachments:

1 View	Section 79C Assessment Report	57 Pages
2 View	Locality Map	1 Page
3 View	Plans & Elevations	1 Page
4	Confidential plans	2 Pages

Council 27 September 2010 Item 8.6

ECONOMY AND DEVELOPMENT

ITEM NUMBER 8.6

SUBJECT 61 Victoria Road, Parramatta (Lot 3 in DP 37358) (Arthur Phillip Ward)

DESCRIPTION Demolition of structures and construction of a two storey boarding house with 16 boarding rooms.

REFERENCE DA/22/2010 - lodged 15th January, 2010

APPLICANT/S Mr N White

OWNERS 61 Victoria Road Pty Ltd

REPORT OF Manager Development Services

REASON FOR REFERRAL TO COUNCIL

This DA is referred to Council for determination due to the number of submissions received (nine) and that it involves development for the purposes of a boarding house.

EXECUTIVE SUMMARY

DA/22/2010 is a development application seeking to demolish the existing structures on the site and construct a two storey boarding house to contain 16 boarding rooms and one communal living room to cater for a maximum of 18 boarders. The plan of management/plans lodged with the application indicate that the kitchen of each boarding room will be fitted with a sink, bar fridge, bench space, washing machine and dryer. The boarding rooms will also be supplied with a bed, table and chairs. Each bedroom will be provided with a phone line and it is at the tenant’s discretion whether or not they connect to the service. The plan of management identifies the hours of use of the common recreation area, indicating the room is not to be used after 10pm Sunday to Thursday or midnight on Fridays and Saturdays.

In accordance with Council’s Notification DCP, owners of surrounding properties were given notice of the application for a period of 21 days between 27 January and 17 February 2010. In response, nine submissions were received objecting to the proposal, including one petition from 6 properties. As a result of the level of concern expressed in the submissions, an onsite meeting was held with the persons who made submissions, the applicant, the assessment officer and Councillors on 1 May 2010. Eleven residents from the neighbourhood attended the onsite meeting. Issues that were raised at the onsite inspection and in submissions addressed the suitability of the site for a boarding house given the residential zone, the proximity to a girl’s school and playground and the distance from the CBD, the cumulative impacts given a similar boarding house is proposed on the adjoining site, the lack of parking, the impact upon property values, the appearance of the development, noise, the type of tenants, the facilities for tenants, loss of privacy, loss of trees and heritage impact.

State Environmental Planning Policy (Affordable Rental Housing) 2009 (ARH SEPP) was introduced to ensure that affordable rental housing projects were treated equitably across the state and subject to ARH SEPP a boarding house is permissible with consent on the subject site. It is noted that at clause 8, ARH SEPP indicates that where there is an inconsistency between it and any other environmental planning instrument, ARH SEPP prevails to the extent of the inconsistency. As such ARH SEPP does not override provisions of the LEP that are not inconsistent with ARH SEPP. Clause 29 sets standards that if met cannot be used to refuse consent to an application for a boarding house and the proposal satisfies these standards other than the standard related to FSR. ARH SEPP requires that consent cannot be refused on the basis of density if the development does not exceed the maximum FSR applying to the site (0.6:1) and the proposal seeks a FSR of 0.75:1. Notwithstanding the FSR proposed is higher, the density of the proposal is considered appropriate given the context of the site in an area that contains a number of residential flat buildings. Clause 30 contains standards for boarding houses and the proposal is consistent with those standards.

Accordingly, the application is recommended for approval.

It should be noted that a similar boarding house development is proposed for 59 Victoria Road, Parramatta (DA/21/2010)

RECOMMENDATION

(a) That Council as the consent authority, grant consent to Development Application No. DA/22/2010 for demolition of the existing structures and construction of a boarding house containing 16 boarding rooms at 61 Victoria Road, Parramatta as shown on the approved plans, subject to the conditions in Attachment 1.

(b) That the objectors be advised of Council’s decision.

Alan Middlemiss

Development Assessment Officer

Attachments:

1 View	Section 79C Assessment Report	58 Pages
2 View	Locality Map	1 Page
3 View	Plans & Elevations	1 Page
4	Confidential plans	2 Pages

Council 27 September 2010 Item 8.7

ECONOMY AND DEVELOPMENT

ITEM NUMBER 8.7

SUBJECT 134 - 136 Woodville Road, Merrylands
(Lot 1 DP 194675, Lot 26 DP 979273) (Woodville Ward)

DESCRIPTION Section 96 (2) to an approved part 3 and part 4 storey Mixed Use Development containing 3 commercial tenancies and 21 residential apartments including correctly identifying the site boundaries and area of the development site. This results in the area of the development site being reduced by 83.6m2.

REFERENCE DA/355/2004/A - 15 February 2010

APPLICANT/S Mr L B Nouh

OWNERS Mr L B Nouh

REPORT OF Manager Development Services

REASON FOR REFERRAL TO COUNCIL

The application is referred to Council as there was a petition with 5 signatures and three individual submissions. It is noted that two signatures from the petition are from the one household and that the members of this household also submitted an objection.

This report was deferred from the Council Meeting on 13 September 2010 pending an on site meeting to be held on 25^th September 2010 at 10am.

EXECUTIVE SUMMARY

The subject application seeks to modify Development Consent No. 355/2004 under the provisions of Section 96(2) of the Environmental Planning and Assessment Act 1979. (No work has commenced on site.)

Approval is sought to modify the application by the new owners which includes correctly identifying the allotment boundaries and site area. The corrections result in the area of the development site being reduced by 83.6m2 from 1703.9m2 to 1620.4m2. In addition, the application also seeks to modify the development in the following way:

Basement (Lower Level)

· The western (rear) wall is realigned so that it is flush and not angular as previously approved.

· A wall has been added between storeroom 3 and the western set of fire escape stairs.

Basement (Upper Level)

· The western (rear) wall is realigned so that it is flush and not angular as previously approved.

· Bike rack is relocated closer to the southern portion of the basement from its original location to the west of the basement.

· Bin storage room is relocated to the northern portion of the basement from its original location in the eastern portion of the site.

· Store Room 1 and 2 is to increase in size from 4m2 and 6m2 to and 9m2 12m2 respectively.

· The provision of fire escape stairs to adjoin to the south of Store Room 1.

Ground Floor

· The fire escape stairs are to adjoin Unit 1 to the south.

· Unit 1: Bedroom 1 is to be relocated so that it adjoins the living/dining area closer to the rear of the site.

· Unit 2: The western (rear) wall is realigned so that it is flush and not angular as previously approved. The floor plan of Unit 2 is to be reconfigured to group the three bedrooms closer to the south of the development. Also, the length of Bedroom 1 is to be reduced from 4.29 metres to 3.8 metres.

· Unit 3 and Unit 4: The width of the living area of both Unit 3 and 4 is increased from 4.18 metres to 6.60 metres.

· Commercial 3: The width of Commercial Area 3 is reduced from 10.2 metres to 8.935 metres.

First Floor

· Unit 5: Bedroom 1 is relocated so that it adjoins the living/dining area closer to the rear of the site.

· Unit 6: The western (rear) wall is realigned so that it is flush and not angular as previously approved. The floor plan of Unit 6 is reconfigured to group the three bedrooms closer to the south of the development. Also, the width of Bedroom 2 is reduced from 4.6 metres x 3.29 metres to 3.29 metres x 3.8 metres. The width of Bedroom 3 is increased from 2.64 metres to 3.1 metres.

· Unit 7 and Unit 8: Bedroom 1 and 2 of both Unit 7 and 8 have increased in width from 2.64 metres to 3.1 metres.

· Unit 9: The size of the balcony of Unit 9 is to be reduced from 33m2 to 24m2.

· Unit 10: The floor plan of Unit 10 is reconfigured which results in the relocation of the kitchen so that it adjoins the laundry to the south.

· Unit 11: The floor plan of Unit 11 is reconfigured to improve intern amenity.

Second Floor

· Unit 12: Bedroom 1 is relocated so that it adjoins the living/dining area closer to the rear of the site.

· Unit 13: The western (rear) wall is realigned so that it is flush and not angular as previously approved. The floor plan of Unit 13 is reconfigured to group the three bedrooms closer to the south of the development. Also, the dimension of Bedroom 1 is reduced from 2.69 metres x 4.29 metres to 3.8 metres x 3.6 metres. The width of Bedroom 2 is reduced from 4.69 metres to 3.8 metres. The width of Bedroom 3 is increased from 2.64 metres to 3.1 metres.

· Unit 14 and Unit 15: Bedroom 1 and 2 of both Unit 14 and 15 have increased the width from 2.64 metres to 3.1 metres.

· Unit 17: The floor plan of Unit 10 is reconfigured which results in the relocation of the kitchen so that it adjoins the laundry to the south.

· Unit 18: The floor plan of Unit 18 is reconfigured to improve internal amenity.

Western Elevation

· Due to the relocation of Bedroom 1 for Unit 21, the western elevation is amended to reflect these changes

· The number of windows on the ground floor is increased from 4 to 5 windows. The modifications also seek to reduce the size of the living room windows for Units 1, 5 and 12.

Northern Elevation

· The sizes of the bathroom and ensuite windows of Units 1, 5 and 12 have been reduced.

· Due to the increase in the width of the bedrooms for Units 3, 4, 7, 8, 14 and 15, the windows are repositioned closer to Woodville Road.

During the notification period, one petition with 5 signatures and 3 individual submissions were received. Issues raised in the submissions include, queries as to the reasons for the omission of these modifications from the original application, queries into the status of the portion of land the applicant claims to be dedicated for road widening, air quality on Woodville Road, concerns to the reasons why Council did not identify the correct boundaries and site area of the development site during the original assessment of the application, impacts of demolition works, objections to tree removal, objections to increasing the housing density within the area, inconsistent development on Woodville Road, insufficient parking and increased local traffic, the provision of overlooking opportunities from the development to adjoining properties and objections to the BBQ area and cabana along the western boundary.

The application was referred to Council’s Landscape Officer and Development Engineer. Upon review of the modifications, both Council’s Landscape Officer and Development Engineer did not raise any objections.

The proposed modifications will not result in any unacceptable impacts to the amenity of the area. The development as modified by the subject application is substantially the same development as that approved. It is noted that the development was originally assessed and compliant with PDCP 2001 and modifications to site boundaries has resulted in several non-compliances with Council’s PDCP 2005 controls. In particular, the rear setback, deep soil and FSR for Woodville Road. However the development does not propose modifications to the approved floor area or height.

Accordingly, approval of the request to modify condition No. 1 is recommended.

RECOMMENDATION

(a) That Council as the consent authority modify Development Consent No. 355/2004 under the provisions of Section 96(2) of the Environmental Planning and Assessment Act in the following manner:

Replace Condition No. 1 with the following revised condition:

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
Elevations Sht 1. Drawing No. B – 7/34/2009.	June 2010
Section and Streetscape. Drawing No. 9 / 34 / 2009. Issue A	June 2009
Elevations Sht 2. Drawing No. 8 / 34 / 2009.	June 2009
Third Floor Plan. Drawing No. 6 / 34 / 2009.	June 2009
Ground Floor Plan. Drawing No. B 3 / 34 / 2009	May 2010
Basement Upper Level. Drawing No. A 2 / 34 / 2009.	May 2010
Basement Lower Level. Drawing No. A 1 /34 / 2009.	May 2010.
Second Floor Plan. Drawing No. B / 5 / 34 / 2009.	June 2010
First Floor Plan. Drawing No. B / 4 / 34 / 2009.	June 2010
Roof Plan. Drawing No. 11 / 34 / 2009.	June 2009
Landscape Plan. Drawing No. 10 / 34 / 2009.	October 2009
Engineering Plans 3 Pages – Annotated. Drawing No’s. SW 001-003.	14 October 2009 – as annotated.
Waste Management Plan singe by Lichaa Nouh	Undated
NatHERS Certificate – Assessment No. HMB399/PAT/229 prepared by Frances Turrisi	22/03/2004
Schedule of External Finishes – Job No. 3373 prepared by Zhinar Design Partnership	Undated
Noise Assessment Report prepared by RSA Acoustics, Report No:1106	Undated

Note: In the event of any inconsistency between the architectural plan(s) and the landscape plan(s) and or storm water disposal plan(s) the architectural plan(s) shall prevail to the extent of the inconsistency.

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

Replace Condition No. 12 with the following revised condition:

12. No construction works shall start on the stormwater system until the detailed final storm water plans have been approved by the Principal Certifying Authority. Prior to the approval of storm water drainage plans, the person issuing the Construction Certificate shall ensure that:

a. The final stormwater plans are consistent with, and address and incorporate all the notes/issues marked on the approved Stormwater Plans i.e. the stormwater plans titled “Ground Floor Level Drainage” and “General Notes and Specifications”, Drawing #’s SW003/03 & SW002/03, Job # DR/Jack, Revision “A”, dated 14/10/2009, prepared by MLE Designs Pty Ltd (Sheet # 3 & 2 of 4) together with the annotations marked thereon, and approved with the Development Consent.

Note: The approved Stormwater Plans are for DA approval only and shall not be used for construction purposes as the construction plan (drawing). Separate Rectified Stormwater Plan addressing all issues and incorporating all notes and comments marked on the plans shall be submitted for Construction Certificate Approval.

b. The proposed On-Site Detention (OSD) System has been designed and certified by a suitably qualified Hydraulic Engineer, in accordance with the Upper Parramatta River Catchment Trust “On-Site Detention Handbook” and Council’s Drainage Code E4 and stormwater Drainage Guidelines.

c. The design achieves, a Site Storage Requirement of 470 m³/ha and a Permissible Site Discharge of 80 L/s/ha (as per 3^rd edition of UPRCT’s handbook) with the basin volume as shown on the approved stormwater plan.

d. Detailed Stormwater plans with cross sectional details of OSD storage areas; pits etc, OSD Detailed Design Submission (Form B9) and OSD Detailed Calculation Summary Sheets are submitted and are acceptable.

e. The OSD underground tank is designed by a qualified practicing professional/structural engineer and certifying its structural soundness and stability.

Reason: To minimise the quantity of storm water run-off from the site, surcharge from the existing drainage system and to manage downstream flooding.

Replace Condition No. 13 with the following revised condition:

13. In order to make satisfactory arrangements for the operation of the stormwater pump-out system, the system shall be designed and constructed to ensure the following are provided:

(a) A holding tank capable of storing the run-off from a 100 year ARI - 2 hour duration storm event allowing for pump failure, i.e. the tank shall have capacity as shown on the approved stormwater plan.

(b) Two pump system (on alternate basis) capable of emptying the holding tank at a rate equal to the lower of:

i. The permissible site discharge (PSD) rate; or

ii. The rate of inflow for the one hour, 5 year ARI storm event.

(c) An alarm system comprising of basement pump-out failure warning sign together with a flashing strobe light and siren installed at a clearly visible location facing the front street at the entrance to the basement in case of pump failure.

(d) A 100 mm freeboard to all parking spaces.

(e) Submission of full hydraulic details and pump manufacturers specifications.

(f) Pump out system to be connected to a stilling pit and gravity line before discharge to the street gutter.

Plans and design calculations along with certification from the designer indicating that the design complies with the above requirements are to be submitted to the satisfaction of the Principal Certifying Authority prior to issue of the Construction Certificate.

Reason: To ensure satisfactory storm water disposal.

Replace Condition No. 29 with the following revised condition:

29. Prior to the issue of the Construction Certificate, the parking dimensions, internal circulation, aisle widths, kerb splay corners, head‑room clearance heights, ramp widths and grades of the car parking areas are to be in conformity with the current relevant Australian Standard AS2890.1 (2004) & AS2890.2 (2002), except where amended by other conditions of this consent. Certification or details of compliance are to be submitted with the Construction Certificate plans.

Reason: To ensure car parking complies with Australian Standards.

Replace Condition No. 66 with the following revised condition:

66. Prior to the issue of the Construction Certificate, five (5) convex traffic mirrors shall be installed on the wall, two (2) numbers at the Lower basement car-park, one (1) at the 90degree bend/ turning point of the ramp from lower basement to upper basement, one (1) in front of the car space #12 at the upper basement as shown on the approved basement car park plan, and one (1) at the left-hand side wall at the exit point to improve traffic visibility, vehicle manoeuvring and access to and from the basement car park.

Reason: To improve the traffic visibility and manoeuvring to access the car spaces.

Replace Condition No. 70 with the following revised condition:

70. The landscaping shall be completed in accordance with the consent and approved plans, prior to occupation or use of the premises and shall be maintained at all times. NOTE: All tree planting shall be located a minimum of two (2) metres to any boundary, existing or proposed drainage lines and shall have a minimum container size of 45 litres.

Reason: To ensure landscaping is completed in accordance with the approved plans and maintained.

The addition of the following conditions to the development consent:

1a. All trees supplied above a 25 L container size for the site must be grown and planted in accordance with Clarke, R 1996 Purchasing Landscape Trees: A guide to assessing tree quality. Natspec Guide No.2. Certification that trees have been grown to Natspec guidelines is to be provided upon request of Council’s Tree Management Officer. NOTE: All tree planting shall be located a minimum of two (2) metres to any boundary, existing or proposed drainage lines and shall have a minimum container size of 45 litres.

Reason: To minimise plant failure rate and ensure quality of stock utilised

1b. Stormwater system shall be constructed as per the approved Stormwater plan addressing the issues and incorporating all the notes and comments annotated on the plan and approved with this development consent. The approved stormwater plan consist of the following drawings together with the comments, notes and rectification requirements as annotated on the drawings:

i. “Ground Floor Level Drainage”, Drawing # SW003/03, Job # DR/Jack, Revision “A”, dated 14/10/2009, prepared by MLE Designs Pty Ltd (Sheet # 3 of 4).

ii. “General Notes and Specifications”, Drawing # SW002/03, Job # DR/Jack, Revision “A”, dated 14/10/2009, prepared by MLE Designs Pty Ltd (Sheet # 2 of 4).

iii. “Lower Basement Level Drainage”, Drawing # SW001/03, Job # DR/Jack, Revision “A”, dated 14/10/2009, prepared by MLE Designs Pty Ltd (Sheet # 1 of 4).

Reason: To ensure satisfactory storm water disposal.

1c. The basement carpark shall be constructed in accordance with the Approved Basement Car-park Plans. The approved basement car-park plan consist of the following drawings together with the comments, notes and rectification requirements as annotated there on and approved with the Development Consent:

i. “Basement Lower Level Plan”, Drawing # ‘A’ 1/34/2009, Revisions “A”, dated May 2010, Prepared by Jack Elia Architectural Design Services (1 sheet).

ii. “Basement Upper Level Plan”, Drawing # ‘A’ 2/34/2009, Revisions “A”, dated May 2010, Prepared by Jack Elia Architectural Design Services (1 sheet).

iii. Basement ramp long section: “Elevation Sht 1”, Drawing # ‘B’ 7/34/2009, Revisions “B”, dated June 2010, Prepared by Jack Elia Architectural Design Services (1 sheet).

Note: Rectified Basement Car-park Plan addressing all issues and incorporating all notes and comments marked on the plans shall be submitted for Construction Certificate Approval.

Reason: To ensure safe satisfactory parking provisions are made.

1d. Prior to the issue of the Construction Certificate, the designated disabled car spaces shall have a minimum dimension of 3.8m wide and 5.4m long. Alternatively the width can be 2.4m wide with a dedicated 2.4m wide x 5.4m long shared zone adjacent to the disabled car space and comply with the provision made under AS 2890.6-2009.

Reason: To improve access to the car parking space.

1e. The installation of any security roller shutter for the basement car parking area shall not restrict access to any designated visitor car parking space. In the event that the approved visitor car parking spaces are located behind any proposed security roller shutter, an intercom system is required to be installed to enable visitor access into the basement car parking area. This requirement is to be reflected on the Construction Certificate plans and any supporting documentation for the endorsement of the Principal Certifying Authority, prior to the release of the Construction Certificate.

Reason: To ensure appropriate visitor access to the site.

1f. Works-As-Executed stormwater plans shall be submitted to the Principal Certifying Authority prior to the issue of the Occupation Certificate, certifying that the stormwater drainage system has been constructed and completed in accordance with the approved stormwater plans. The person issuing the Occupation Certificate shall ensure that:

· Stormwater system including On-Site Detention systems have been built according to and comply with the requirements including the OSD storage volume as shown on the approved stormwater plan.

· The Work-As-Executed plans are prepared on the copies of the approved drainage plans issued with the Construction Certificate and variations are marked in red ink.

· The Work-As-Executed plans have been prepared by a registered surveyor certifying the accuracy of dimensions, levels, storage volumes, etc.

· As built On-Site Detention (OSD) storage volume calculated in tabular form (in incremental depth verses segmental area and volume table) and certified by the registered surveyor.

· OSD Works-As-Executed survey certification form and dimensions form (refer to UPRCT Handbook - Form B10 and Form Attachment B).

· Certificate of Hydraulic Compliance from a qualified drainage / hydraulic engineer (refer to UPRCT Handbook – Form B11 Certificate). The person issuing Hydraulic certificate shall ensure that all the works have been completed and comply with the approved plans.

· Approved verses installed Drainage Design (OSD) Calculation Sheet certified by a qualified practicing Hydraulic Engineer.

· Structural Engineer’s Certificate for the OSD tank structure, basement pump‑out tank structure, OSD basin (retaining) wall etc.

· The original Work-As-Executed plans and all documents mentioned above have been submitted to Council’s Development Services Unit.

Reason: To ensure works comply with approved plans.

(b) Further, that the head petitioner and objectors be advised of Council’s decision.

Denise Fernandez

Development Assessment Officer

Attachments:

1	Location Map	1 Page
2 View	Section 79C Report	26 Pages
3 View	Plans	6 Pages
4 View	Previous Consent and Survey Plan	23 Pages
5 View	Original S79C Assessment Report	21 Pages
6 View View	Confidential Plans	5 Pages

Council 27 September 2010 Item 8.8

ECONOMY AND DEVELOPMENT

ITEM NUMBER 8.8

SUBJECT Business Promotion and Sponsorship Requests

REFERENCE F2004/08120 - D01664046

REPORT OF Manager Economic Development

PURPOSE:

To recommend to Council an open and transparent process for dealing with business related networking, promotional, and sponsorship requests.

RECOMMENDATION

(a) That an amount of $50,000 per annum be made available from the Economic Development Special Levy to support businesses and organisations who wish to partner with Council through promotional, networking and sponsorship opportunities to promote Parramatta.

(b) That a public expression of interest process be initiated to manage the allocation of these funds.

(c) Further, that Council nominate two Councillors to sit on a panel convened to assess expressions of interest and decide on funding for the 2010 / 11 financial year.

BACKGROUND

1. Parramatta Council regularly receives requests for financial support from external businesses and agencies. These requests often come in the form of advertising in business publications, sponsorship of business awards, membership of networking organisations, and other similar activities.

2. To date, Council has taken a reactive approach to this and evaluated each request on its individual merit, or historical precedent. This often results in the same requests each year with the inherent risk that Council may not be receiving maximum value for money and Parramatta. Requests are not explicitly benchmarked against performance criteria, nor are these requests prioritised against each other and a defined set of benefit criteria.

3. On average the total amount of money expended to support such requests has been in the region of $50,000 per annum. Historically this includes such activities as the Suncorp Western Sydney Awards, sponsorship of the Asia Business Connection, Parramatta Business Access Magazine, and Greater Western Pages Lifestyle Magazine.

ISSUES/OPTIONS/CONSQUENCES

4. There is a need to take a more proactive approach where Council drives the process and, through a public call for expressions of interest, allocates a sum of money to applicants through a transparent and accountable assessment process.

5. The assessment is proposed to be undertaken by a panel, chaired by an audit and procurement representative, and should comprise two staff members, two Councillors, and an ‘independent’ to be invited from the NSW State Department of Industry and Investment. The panel recommendations will be reported to Council.

6. It is recommended that the evaluation should be conducted against the following criteria:

- Financial health of the requesting business or agency

- Track record and evidence of being able to deliver on proposed activity

- The ability to leverage any other funds and resources

- Proven circulation or exposure to an audience that will have a positive impact on the economy of Parramatta

- The ability to assist Council in at least one of the following strategic areas: Marketing the City to Business, Supporting Employment Growth, and Fostering Innovation.

- A defined project or strategy with clear measurables.

- A commitment by the supported organisation to report back to Council at the end of the year against the measurable criteria, including any circulation figures or projected attendance.

CONSULTATION & TIMING

7. The public call for Expressions of Interest will involve advertising in the local press, Council’s website, and via direct mail to locally focussed business agencies.

FINANCIAL IMPLICATIONS

8. In addition to the $50,000 from the Economic Development Special Rate, there will be a small fee associated with advertising in the local press.

Mike Thomas

Manager Economic Development

Attachments:

There are no attachments for this report.

REFERENCE MATERIAL

Council 27 September 2010 Item 9.1

ENVIRONMENT AND INFRASTRUCTURE

ITEM NUMBER 9.1

SUBJECT Baludarri Wetland Plan of Management

REFERENCE F2009/01267 - D01580096

REPORT OF Catchment Officer.Natural Resources

PURPOSE:

Council considered the draft Plan of Management for Baludarri Wetland on 22 March 2010 and endorsed the Plan being placed on public exhibition. This report outlines the response to the exhibition period and recommends that the Plan now be adopted.

RECOMMENDATION

(a) That Council adopt the draft Baludarri Wetland Plan of Management.

(b) That copies of the adopted Baludarri Wetland Plan of Management be issued to Baludarri Bushcare Group, Parramatta Central Library and placed on Council’s website.

public exhibition of this draft Plan of Management be advised of Council’s decision and thanked for their interest.

BACKGROUND

1. Council was successful in obtaining a $20,000 grant from the Sydney Metropolitan Catchment Management Authority to prepare a Plan of Management for Baludarri Wetland. This grant recognises the significance of the freshwater and estuarine wetland communities in the reserve which are identified as endangered ecological communities under the NSW Threatened Species Act 1995.

2. Council engaged specialist consultants to prepare the draft Baludarri Wetland Plan of Management (BWPOM) in accordance with the requirements of the Local Government Act 1993 and related community land legislation (refer Attachment 1). The primary aim of the BWPOM is ‘to provide best management practices and strategies to assist Council in better managing the reserve’s assets, to increase biodiversity values and assist in the management of threatened and significant species and vegetation communities on site.’

3. A report outlining the draft plan was considered at the 22 March 2010 Council meeting. At this meeting Council endorsed the draft plan to be placed on public exhibition inviting public comment.

ISSUES/OPTIONS/CONSEQUENCES

4. Baludarri wetland was previously covered by the generic Natural Areas Plan of Management adopted on 23 October 2006. The adoption of a specific Plan of Management for Baludarri Wetland reflects the significance of the endangered ecological communities located in the reserve.

5. The draft plan has been prepared in accordance with the requirements of the Local Government Act 1993 and related community land legislation. It is consistent with Parramatta Twenty25 and other Council strategic documents including the Biodiversity Plan, Natural Areas Plan of Management and Parramatta River Foreshore Plan.

6. The plan identifies the significant values and issues impacting upon the wetland. It outlines key recommendations for future management through a prioritised action plan that will ensure the conservation and enhancement of this unique ecological community.

CONSULTATION & TIMING

7. Community consultation has been an important component in the preparation of this draft plan. Council has promoted an open, transparent approach to community consultation, providing opportunities for all stakeholders and members of the community to contribute comments and submissions or to discuss specific issues.

8. In October 2009, two consultation workshops were conducted with key stakeholders and community representatives from the local volunteer bushcare group that regularly undertake restoration works in the reserve. These workshops involved identification of the key values and issues affecting the reserve and discussion of future priority actions.

9. The draft plan was placed on public exhibition in accordance with the Local Government Act 1993 from 14 April 2010 until 26 May 2010. An advertisement was placed in the Parramatta Advertiser and Parramatta Sun inviting public comment. During the public exhibition period the draft plan was available for viewing at Council’s Administration Building Customer Service Centre, Council libraries and was also available for download from Council’s website. Relevant government agencies were also contacted and invited to comment.

10. The public exhibition of the draft plan closed on 26 May 2010, and submissions were received from NSW Maritime and Sydney Metropolitan Catchment Management Authority (SMCMA) (refer Attachment 2).

11. The written submissions have been examined and an assessment made of the issues raised. The issues raised generally related to document formatting as well as a need to provide a more in depth coverage of the issues provided by the SMCMA in the Project Brief. NSW Maritime requested it be noted that zone 13 is their land.

12. A number of minor changes have been made to the draft Plan of Management in response to the feedback received.

13. A letter has been forwarded thanking the organisations for their submissions and advising them they will be informed of the outcome once this report has been considered and determined by Council.

FINANCIAL IMPLICATION FOR COUNCIL

14. Actions arising from the Baludarri Wetland Plan of Management will be funded through existing Council programs supported by Special Rates for Open Space, City Centre, Suburban Infrastructure (Environment, Roads and Neighbourhoods), the Stormwater Management Service Charge (Stormwater Levy), and relevant Section 94A Development Contributions Plan. There will also be an opportunity for Council’s to apply for grant funding towards implementing components of the plan through several Federal and State government departments.

Carrie Jeffers

Catchment Management Officer

Attachments:

1	Draft Baludarri Wetland Plan of Management	232 Pages
2 View	SMCMA Submission	3 Pages
3 View	NSW Maritime Submission	1 Page
4 View	Maritime Ownership Map Refered to in Attachment 3	1 Page

REFERENCE MATERIAL

Council 27 September 2010 Item 9.2

ENVIRONMENT AND INFRASTRUCTURE

ITEM NUMBER 9.2

SUBJECT Covert MPS (Disabled) Program

REFERENCE F2004/06909 - D01654589

REPORT OF Manager Regulatory Services

PURPOSE:

To present to Council the findings of the covert Mobility Parking Scheme (MPS) monitoring program as adopted by Council on the 15^th June 2010.

RECOMMENDATION

That Council receive and acknowledge the findings of the two month covert MPS monitoring program.

BACKGROUND

The Community Safety Unit (CSU) is responsible to fulfil the current statutory obligations pertaining to vehicle parking related offences. In order to achieve this function several parking related programs are continuously run throughout each year.

One such program is the MPS program which is designed to detect drivers using the disabled permit to gain a benefit by obtaining free parking.

Information gathered by Parking Patrol Officers indicated that vehicles displaying MPS permits throughout the CBD are in some areas utilising 50% or more of available parking.

Previous programs revealed that a number of vehicles were being left unattended on the street whilst Community Safety Officers (CSO) were present in full uniform. On a number of occasions staff reported that they witnessed people approach vehicles displaying an MPS permit and upon sighting the officers they turned around and departed the area.

To assist the Community Safety Unit in monitoring parking under the Road Transport (Safety Management) Regulation 1999, Council approved a two (2) month covert operation to be run targeting the misuse of MPS permits.

Over this two month period CSO’s conducted numerous covert operations to specifically target the misuse of MPS permits to obtain free unlimited parking. The first program commenced on the 30^th June 2010 and the last was conducted on the 25^th August 2010. These programs were undertaken in the following locations throughout the Parramatta CBD;

1. Hunter Street

2. Macquarie Street

3. George Street

4. Philip Street

5. Charles Street

6. Horwood Place

7. Union Lane

8. Argus Lane

9. David Frater car park

10. Horwood car park

11. Little Street

Throughout the program CSOs checked in excess of 300 vehicles displaying MPS permits. As a result of these checks 64 motorists were found to be using the MPS permit of another person to gain the benefit of free unlimited parking within the city centre. This offence incurs the issue of an ‘on the spot’ penalty notice ($516.00). The MPS permit is returned to the motorist in accordance with the provisions of the Parking Enforcement Policy.

During the program staff were in regular contact with the RTA to confirm ownership details of permits and to check the validity of the permit. One permit check identified that the owner was deceased and the motorist surrendered the permit to the CSO. A report has been submitted to the RTA regarding the results of the program and the surrendered permit was also returned to the RTA as requested.

ISSUES/OPTIONS/CONSEQUENCES

1. Under the current MPS conditions, the holder of a valid disabled permit is exempt from parking meter fees. Further to this the permit holder may park for an unlimited length of time in an area where the erected parking control signs provide a time limit of or greater then 1 hour. In areas where the time is limited to ½ hour parking the permit holder may park for up to 2 hours.

2. Council staff have undertaken a covert program to target illegal MPS use. CSU staff did identify themselves and produced their council authority when speaking to vehicle drivers displaying a current MPS.

3. That authorised CSU staff use this program to educate and enforce the regulations related to the MPS by advising vehicle drivers displaying a current MPS that under the provisions of the Road Transport (Safety Management) Regulation 1999 that Council CSU staff are permitted to request to check the MPS permit to verify it is being used lawfully.

4. CSU staff provided all users of MPS permits the opportunity to verify the MPS holder where they were not the identified person on the permit. This included offering the opportunity to accompany the motorist to nearby locations to verify the MPS holder was present in the area.

5. Where CSU staff were satisfied that an offence had been committed the officer recorded the driver’s details, the details on the permit and advised the driver they may receive a penalty notice in the mail.

6. In accordance with the Parking Enforcement Policy CSU staff returned the MPS permit to the driver. There was one exception to this direction which related to an MPS permit being used in which the person to whom it had been issued was deceased.

7. All detected offences were recorded in the current register and a report was forwarded to the RTA upon completion of each program on a daily basis.

8. Council may receive complaints from vehicle drivers in relation to CSU staff not being in uniform or representations from vehicle drivers seeking leniency in relation to on the spot penalty notices. All representations will be considered in accordance with the Parking Enforcement Policy.

FINANCIAL IMPLICATION FOR COUNCIL

There are no financial implications associated with the running of the covert operation for MPS program as all operations were conducted within the unit’s operational budget.

Laurie Whitehead

Manager, Regulatory Services

Attachments:

There are no attachments for this report.

REFERENCE MATERIAL

Council 27 September 2010 Item 9.3

ENVIRONMENT AND INFRASTRUCTURE

ITEM NUMBER 9.3

SUBJECT Asbestos Enforcement Policy

REFERENCE F2004/08188 - D01656267

REPORT OF Manager Regulatory Services

PURPOSE:

To present to Council for consideration and adoption of the Asbestos Enforcement Policy.

RECOMMENDATION

That the draft Asbestos Enforcement Policy as amended be adopted.

BACKGROUND

1. Council, resolved at its meeting of 29 June 2010 to place the draft Asbestos Policy on public exhibition for 4 weeks until 28^th July 2010:-

(a) That Council adopt the 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.

CONSULTATION

2. The draft Asbestos Policy was placed on public exhibition for a period of 28 days. The draft policy was referred to Council’s General Counsel for review and the comments of Council’s General Counsel are included in the Asbestos Policy.

3. The draft Asbestos Policy was placed on public exhibition for a period of 28 days. During this period no representations were received.

Asbestos Legislation & Waste Facilities

4. The Asbestos Policy addresses the process of how Council regulates the transport and disposal of asbestos by builders and contractors engaged in the asbestos removal industry. The policy does not cover removal and disposal of asbestos by Council.

5. This policy is to assist in the regulating and enforcement of development consents, illegal dumping of asbestos and asbestos waste related complaints by providing the legal and administrative framework.

6. Legislation covering the disposal of asbestos waste is captured in the Protection of the Environment Operations (Waste) Regulation 2005.

7. This Regulation specifies requirements relating to asbestos waste. These requirements form the basis of the Department of Environment and Climate Change (DECCW) guidelines for the management of asbestos waste which must be followed by persons engaged in the disposal of asbestos waste.

8. The legal requirements for the disposal of asbestos waste are attached to this report.

Amendment to Policy on Waste Facilities that accept Asbestos Waste

9. During the public exhibition of the draft asbestos policy, a review of asbestos disposal locations was undertaken and two (2) additional waste disposal facilities are to be included and one (1) nominated waste disposal facility in the draft policy is to be deleted as the facility no longer accepts asbestos waste, these changes have been made to the attached amended policy.

Comments from Waste Management Facilities

10. Council consulted with the following waste management organisations to ascertain their position on the acceptance of asbestos waste.

WSN Environmental Solutions

WSN Environmental Solutions is a State-owned corporation responsible for providing waste recycling and disposal services to the greater Sydney area.

· require customers to follow the NSW Department of Environment and Climate Change (DECCW) Guidelines for the Disposal of Asbestos and;

· contact the waste facility on the day before to book in the asbestos waste

· accept commercial and residential asbestos waste

· accept all forms of asbestos waste

· charge a flat rate of $145 for asbestos waste up to 300kg, a pro rata rate up to 1 tonne and a flat rate of $380 per tonne thereafter

· advise that asbestos waste is buried insitu as landfill

· advise that significant capacity remains to accept asbestos waste

· advise that asbestos waste management is core business

SITA Environmental Solutions

SITA Environmental Solutions (SITA) is a commercial recycling, resource recovery and waste management company. SITA accept asbestos waste under the following terms and conditions:

· accept asbestos waste from commercial contactors only

· require customers to follow DECCW guidelines

· advise that one (1) tonne is the minimum charge

· advise that the cost is a flat rate of $297 / tonne

· accept asbestos waste only at their Kemps Creek waste disposal facility

Veolia Environmental Services

Veolia Environmental Services is a commercial recycling, resource recovery and waste management company. Veolia accept asbestos waste under the following terms and conditions:

· accept commercial and residential asbestos waste

· require that customers follow DECCW guidelines

· advise that the cost is a flat rate of $297 tonne

· advise that one (1) tonne is the minimum charge

· advise that asbestos waste over 1 tonne is charged on a pro rata basis

· accept asbestos waste only at their Horsley Park waste disposal facility.

FINANCIAL IMPLICATION FOR COUNCIL

11. There are no changes to the current process or procedures of Council and therefore no financial implications with the adoption of the policy.

Laurie Whitehead

Manager, Regulatory Services

Attachments:

1 View	Special requirements relating to asbestos waste	1 Page
2 View	Draft Asbestos Enforcement Policy	10 Pages

REFERENCE MATERIAL

Council 27 September 2010 Item 9.4

ENVIRONMENT AND INFRASTRUCTURE

ITEM NUMBER 9.4

SUBJECT Enforcement Policy Outdoor Dining Areas

REFERENCE F2009/01489 - D01656454

REPORT OF Manager Regulatory Services

PURPOSE:

To present to Council for consideration and adoption of the Enforcement Policy Outdoor Dinning Areas.

RECOMMENDATION

That the Enforcement Policy Outdoor Dining Areas as amended be adopted.

BACKGROUND

1. A draft Enforcement Policy for Outdoor Dining Areas was prepared and reported to Council on the 26^th June 2010. At this meeting Council resolved to place the draft Enforcement Policy Outdoor Dining Areas on public exhibition for 4 weeks until the 28^th July 2010.

PUBLIC CONSULTATION

2. The draft Enforcement Policy Outdoor Dinning Areas was placed on public exhibition for four weeks. During this time no submissions were received from the public.

AMENDMENTS TO THE POLICY

3. During drafting and reporting of the policy the legislation pertaining to prohibition of dogs in dinning areas was amended. Section (14A) of the Companion Animals Act 1998 No 87 has been included into the Draft Enforcement Policy Outdoor Dining Areas.

Section 14A

Dogs not prohibited in outdoor dining areas in certain circumstances

(1)     The relevant legal restrictions do not prohibit a dog (other than a dangerous or restricted dog) from being in an outdoor dining area if:
(a)  the dog is under the effective control of some competent person and is restrained by means of an adequate chain, cord or leash that is attached to the dog, and
(b)  the person does not feed the dog or permit the dog to be fed, and
(c)  the dog is kept on the ground.

(2)    However, if the outdoor dining area is within a public place declared by a local authority to be an off-leash area:
(a)  it is not necessary for the dog to be restrained by means of a chain, cord or leash, and
(b)  the dog can be fed while the dog is on the ground, but not using any apparatus provided for the consumption of food by humans, and
(c)  the dog can sit on a person’s lap, but must not be allowed to sit on any table or chairs or make contact with other apparatus provided for the consumption of food by humans.

(3) This section does not confer any entitlement on a person accompanied by a dog to use any table and chairs or other apparatus provided in an outdoor dining area by a food business (within the meaning of the Food Act 2003) without the permission of the operator of the food business.

(4)     The relevant legal restrictions are:
(a)  section 14 (1) (b), and
(b)  the Food Act 2003 and the Food Standards Code (within the meaning of that Act).

(5)     An outdoor dining area is an area that:
(a)  is used for the consumption of food by humans, and
(b)  is not enclosed, and
(c)  can be entered by the public without passing through an enclosed area in which dogs are prohibited by this Act or the other relevant legal restrictions, but does not include any part of an area that is used for the preparation of food.

(6)     An area is enclosed if, except for doorways and passageways, the area is substantially or completely enclosed, whether permanently or temporarily, by:
(a)  a ceiling or roof, and
(b)  walls or windows (or both).

The draft Policy was referred to General Counsel for review and amendments are included in the attached draft policy.

FINANCIAL IMPLICATION FOR COUNCIL

4. There is no financial implication to Council.

Laurie Whitehead

Manager, Regulatory Services

Attachments:

1 View

Draft Enforcement Policy Outdoor Dining

4 Pages

REFERENCE MATERIAL

Council 27 September 2010 Item 9.6

ENVIRONMENT AND INFRASTRUCTURE

ITEM NUMBER 9.6

SUBJECT Expression of Interest, Parking Adjudication Review Panel

REFERENCE F2009/01489 - D01659656

REPORT OF Manager Regulatory Services

PURPOSE:

To present to Council for consideration and adoption the findings of the Expression of Interest, for the Parking Adjudication Review panel.

RECOMMENDATION

(a) That the selected candidates be accepted for appointment to the Parking Adjudication Review Panel for 12 months.

(b) That the candidates be advised of Council’s decision.

BACKGROUND

1. At a meeting held on the 14^th July 2010, Council resolved to commence a Parking Review Panel with members from the public and an Expression of Interest was carried out for the voluntary honorarium positions for a12 month period.

2. Pending the appointment of members of the public, a review of representations has been undertaken by senior staff.

CONSULTATION & TIMING

3. A formal Expression of Interest was prepared and the positions were advertised with five (5) applications being received. The applications were reviewed by a panel in accordance with Council procedures for Expressions of Interest, the panels results are attached. It is recommended that the following persons be appointed to the panel:

- Vanessa Kret

- Ken Newman

- Douglas Dick

- Craig hall

- Franz Boensch

ISSUES

3. The process for conducting the reviews is to be in accordance with the parking Enforcement Policy with members to meet weekly. The guidelines for the behaviours and matters for considerations for the panel will include;

Code of Conduct

Conflict of interests

“Caution Guidelines” issued by Attorney General,

“Review Guidelines” issued by Attorney General.

All selected Panel members will be provided training in the relevant policies, guidelines and procedure.

It is recommended that selected panel members be convened weekly on rotation and availability bases,

All decisions of the panel shall be recorded and reported to Council in accordance with the Parking Enforcement Policy regarding the number of reviews undertaken and overall statistical results. A written response will be provided to all representations clearly explaining Councils decision in regards to the outcome of the review.

FINANCIAL IMPLICATION FOR COUNCIL

4. The successful candidates will be Honorariums and eligible for a token payment to attend each (required) meeting. The proposed fee is to cover associated costs to attend the meetings for travel, parking etc. It is proposed that the token fee be set at $50.00 per person per meeting ($100 per meeting) this would be a total cost of $5,200 per year.

Laurie Whitehead

Manager, Regulatory Services

Attachments:

1 View	MEMO - Assessors EOI results	2 Pages
2 View	Caution Guidelines under the Fines Act 1996	8 Pages
3 View	Internal Review Guidelines under the Fines Act 1996	13 Pages

REFERENCE MATERIAL

Council 27 September 2010 Item 10.1

COMMUNITY AND NEIGHBOURHOOD

ITEM NUMBER 10.1

SUBJECT Access Advisory Committee Minutes 17 August 2010

REFERENCE F2005/01944 - D01642350

REPORT OF Community Capacity Building Officer.Community Capacity Building

PURPOSE:

The Access Advisory Committee met on 17 August 2010. This report provides a précis of the key discussion points of that meeting for Council’s consideration.

RECOMMENDATION

(a) That the minutes of the Access Advisory Committee meeting on 17 August 2010 (Attachment 1) are received and noted.

(b) Further, that Council note there is no request for additional expenditure in this report.

BACKGROUND

1. Parramatta City Council’s Access Advisory Committee continues to meet bi-monthly in accordance with the Council Resolution of 28 September 2009.

MAIN DISCUSSION POINTS

The main issues discussed at the meeting are outlined below:

2. Kati Westlake, Senior Project Officer – Urban Design, provided an update on the Review of Public Domain Details for Disability Access that forms part of the Urban Design Team’s general review of standards for public domain areas. It is intended that the design documentation introduction regarding access and public space will be finalised by the end of the year. Kati Westlake together with the Council Officer Tanya Owen will distribute copies of the draft introduction document at the earliest possible date to allow consideration and, if possible, discussion at a sub-committee meeting.

3. The Committee was provided with an update on the investigation into the Evac Chairs. The Council Officer informed the Committee that the Occupational Health and Safety Service Unit and the Civic Development Team had both received this information for consideration in current and future Council buildings. The Committee requested that this information also be distributed to Committee members.

4. The Committee was provided with an update on Council’s response to concerns raised by the Committee and the recommendations in the report submitted by Vision Australia regarding an intersection of Crown and Harris Streets in Harris Park. The report recommended a change to the pedestrian crossing at that intersection. The Council Officer informed the Committee that, prior to going to the Traffic Committee for consideration, a traffic count must be conducted at the intersection to determine if it meets the criteria for consideration of a more controlled pedestrian crossing. The Council Officer had been informed by the Traffic and Transport unit that a count was planned for the current week, and the Council Officer will report back on this at the next meeting of the Committee. The Committee requested that copies of the Vision Australia report be distributed to Committee members.

5. The Committee discussed the issues experienced by residents of Oatlands regarding a change in bus route and difficulties with crossing Pennant Hills Road. Residents are now required to cross Pennant Hills Road, on the South side of Bellevue Street, in order to use the bus stop. However, no controlled pedestrian crossing exists to facilitate safe crossing of this busy road. Further, the footpaths of Bellevue Street near this intersection together with poor lighting in the area were identified as creating a significant trip hazard. Councillor Bide informed the Committee that he submitted a service request to address this and the Committee supported this request as a matter of urgency. The Committee made the recommendation to Council that a pedestrian crossing at Pennant Hills Road near Bellevue Street be constructed on the South side of the intersection, to provide a safe crossing for local residents needing to use the bus stop on Pennant Hills Road. The Committee were informed that a traffic count would need to take place first, to determine if the area meets the RTA criteria for a controlled crossing before being considered by Council and the relevant committees.

Council Officer’s Note: Given Council process for changing or constructing pedestrian crossings, the Council Officer has forwarded the recommendation for the construction of a pedestrian crossing to the Traffic and Transport unit, so that a traffic count can be conducted and then a recommendation submitted to Council and the relevant committees if warranted.

6. The Committee were provided with an update on activities related to the International Day for People with Disabilities. A committee including local disability support services is planning a lunch for local employers in November to provide information about employing people with disabilities, in an attempt to change employer attitudes. All local disability support services will be invited to be involved. Speakers will include people with disabilities and employers of people with disabilities.

FINANCIAL IMPLICATION FOR COUNCIL

7. There are no financial implications to Council.

Tanya Owen

Community Capacity Building Officer

Attachments:

1 View

Access Advisory Committee Meeting Minutes 17 August 2010

5 Pages

REFERENCE MATERIAL

Council 27 September 2010 Item 10.3

COMMUNITY AND NEIGHBOURHOOD

ITEM NUMBER 10.3

SUBJECT Aboriginal and Torres Strait Advisory Committee Meeting 24 August 2010

REFERENCE F2005/01941 - D01645164

REPORT OF Community Capacity Building Officer

PURPOSE:

The Aboriginal and Torres Strait Islander Advisory Committee met on 24 August 2010. This report provides a précis of the key discussion points of that meeting for Council’s consideration.

RECOMMENDATION

(a) That the minutes of the Aboriginal and Torres Strait Islander Advisory Committee of 24 August 2010 be received and noted.

(b) Further, that Council note that there is no request for additional expenditure in this report.

BACKGROUND

1. Council’s Aboriginal and Torres Strait Islander Advisory Committee meets monthly and comprises 16 members.

2. Council’s Aboriginal and Torres Strait Islander Advisory Committee met on 24 August 2010. This report provides a summary of the key discussion points of that meeting for Council’s consideration.

MAIN DISCUSSION POINTS

3. NSW Local Government Aboriginal Network Conference Planning

(a) Council Officer Maggie Kyle reported on the planning for NSW LGAN Conference 2010. The following information was provided to members: Sponsorship packs have been distributed to identified organisations and businesses; the Conference program is in a final draft stage; LGAN 2010 Award Nomination forms have been distributed and invitations to the Civic Reception would be sent out later this week.

(b) Members were advised that the one area of concern to Conference organisers was securing entertainment for the Conference Dinner as bands suggested by the Committee were considerably more expensive than the budget could accommodate. Members were advised that 85 registrations were required to ensure the Conference was delivered on budget. Committee members agreed to identify other bands that were affordable and forward information to Council Officer Maggie Kyle.

(c) Committee members were advised that their recommendation to invite the Attorney General, Shadow Attorney General and a Member of the Greens party to address the issue of Aboriginal Incarceration rates had not been accepted by the LGAN Executive.

4. Lake Parramatta Plan of Management

Mr Adam Hunter of Environmental Partnership, addressed the Committee, presented a ‘Basis for Management’ for the Management of Crown Lands and aerial photographs of Lake Parramatta. Mr. Hunter spoke to the following:

(a) Environmental Partnership has been engaged by Council to undertake a review of the current Plan of Management for Lake Parramatta.

(b) The consultation process with the broader community to date was explained. The Plan of Management is to set a broad vision for the site. Once funds become available, a design process would then be considered and at this time further consultation would be held with the Committee.

(c) A number of comments were then provided regarding Lake Parramatta including: any reception facility constructed needed to be sympathetic to the environment; road area and car parks are inefficient and could be re-located and tightened up; a walking track loop could be incorporated; there may be a possibility to install a rainwater harvesting system; any planting would utilise indigenous species; consideration needed to be given to whether the Sorry Day Garden and Bush Tucker Garden were in the best locations possible.

(d) Funding to upgrade/ improve Lake Parramatta was still being investigated. The Land is Crown Land and therefore any lease arrangements would have to be approved by the Minister.

(e) It is anticipated that the Plan of Management will be placed on exhibition within the next month for a 4 week period as required by the Crown Lands Act. A draft copy of the Plan will be distributed to Committee members when it is available.

(f) Committee members made a number of comments and suggestions regarding Lake Parramatta including: any facility should be used for training purposes or for studying Aboriginal Culture and Heritage; a cultural walk should be considered; the caves on the site require protection; protection should be installed from trail bikes; care should be taken to screen any development on the point; an archaeological dig of the site should be considered and the site should remain untouched.

5. Burramattagal Brochure

The Committee were advised that the Burramattagal Lands Brochure has been printed and that Council Officer Michelle Desailley would attend the next Committee meeting to speak.

6. General Business and Information Share

(a) The Committee were advised of the current positions now available within Council and were informed that Council now notifies the Aboriginal Employment Strategy, an Indigenous managed not for profit recruitment company, of available positions within Council.

(b) Members were advised that Council’s Human Resources Unit had progressed Council’s Cultural Awareness strategy: three possible providers had been shortlisted and members were asked to comment on whether they were culturally appropriate. The Committee was also invited to suggest any other organisation that should be approached to invite a proposal regarding the training.

(c) It was requested that Committee members be included in the cultural awareness training and that another provider be approached to submit a proposal.

FINANCIAL IMPLICATION FOR COUNCIL

7. There are no financial implications to Council

Maggie Kyle

Community Capacity Building Officer

Attachments:

1 View

Minutes Aboriginal and Torres Strait Islander Meeting 24 August 2010

5 Pages

Council 27 September 2010 Item 10.4

COMMUNITY AND NEIGHBOURHOOD

ITEM NUMBER 10.4

SUBJECT Fees and Charges for the Advertising of External Recreation Services in Parramatta City Council's School Holiday Guide

REFERENCE F2010/02223 - D01654038

REPORT OF Recreation Development Officer.Recreation Services

PURPOSE:

To seek Council’s approval to apply a fee for external recreation service providers to advertise within the Parramatta City Council School Holiday Guide and for the proposed fee to be placed on public exhibition.

RECOMMENDATION

(a) That Council approve the proposal to charge a fee for advertising by external recreation service providers within Council’s School Holiday Guide

(b) That Council approve the proposed fee for 2010/11 of $150.00 per advertisement per edition of the guide to be placed on public exhibition for a period of 28 days

BACKGROUND

1. The Parramatta City Council School Holiday Guide (guide) has been developed by Council and distributed to the community for more than 10 years. The guide incorporates children’s, youth and family activities during school holiday periods which are promoted and coordinated by the Recreation Programs and Services team (City Culture, Tourism and Recreation) and Libraries (Community, Libraries and Social Services).

2. The guide engages children, youth and families in a variety of recreational activities throughout the school holidays including sports clinics, art / craft workshops, education programs and family adventures. The activities promoted in the guide provide the opportunity for new experiences, development of skills and social interaction with diverse communities. Many activities provide an entry point for participation in longer term programs including those provided by local sporting clubs.

3. A recent survey conducted by the Recreation Programs and Services team, of families who have previously enrolled in Councils school holiday programs found strong support for Council to investigate, develop or promote school holiday programs coordinated by external providers within/outside the Parramatta LGA.

4. Over the past couple of years, approximately 6,000 copies of the guide were printed and distributed through schools and Council outlets for each quarterly program. This distribution was increased significantly for the October program, with an additional 8,000 brochures printed and distributed to public and private, primary and high schools. This increased distribution is an attractive benefit to potential advertisers and supports Council’s outcome of maximising the promotion of opportunities for participation in activities.

5. Introducing advertising of non-Council youth activities in the guide could increase its usefulness for families and provide an opportunity to fund a significant increase in the printing and distribution of the guide.

ISSUES/OPTIONS/CONSEQUENCES

6. Consultation was undertaken with The Hills Shire Council and Blacktown City Council in early 2010 regarding the promotion of activities conducted by external recreation service providers within each Council’s holiday activity guides. The Hills Shire Council and Blacktown City Council’s guidelines, fees and forms were reviewed as a benchmark for the development of Parramatta City Council’s Guidelines for Advertising within the School Holiday Guide, Advertising Request Form and the proposed fee.

a. The Hills Shire Council charge $220 (including GST) for an advertisement on the front page and $200 for internal pages per advertisement per guide (approx 9cm x 6cm)

b. Blacktown City Council charge $110 (including GST) per advertisement per guide (no size specified)

7. The proposed advertising space for Parramatta’s guide is approximately 7-9cm x 6cm. This is proportional to the current layout of the guide.

8. The proposed fee for advertising in Parramatta’s guide is $150.00 per advertisement per guide.

9. In August 2010, a free trial for advertising within the guide was offered to external recreation service providers for the September / October guide (Attachment 1). A range of strategies were adopted to promote this opportunity. These included:

a. Developing a database of external recreation services within and surrounding the Parramatta Local Government Area

b. Bulk emailing potential advertisers informing them of the proposed new service, including the appropriate form and guidelines. This included support from The Hills Shire Council who forwarded on information to the database of advertisers within their guide

c. Offering the first edition free to advertisers to build relationships and interest in advertising within Parramatta City Council’s guide

10. A positive response to the free trial promotion was received with a total of 34 advertisers submitting an Advertisement Request Form (Attachment 2) for the September / October guide.

11. There is potential for the relationships that will be developed with advertisers will provide partnership opportunities for future programs.

CONSULTATION & TIMING

12. Council is required to publicly exhibit new fees and it is recommended that Council proceed to place the proposal to introduce a fee for Advertising within the School Holiday Guide on public exhibition for a period of 28 days.

13. A report will be submitted to Council following the public exhibition to enable consideration of any submissions received prior to Council determining the matter.

FINANCIAL IMPLICATION FOR COUNCIL

14. The proposed fee is mid-way between the fees charged by The Hills Shire Council and Blacktown City Council. It is anticipated that the proposed fees will generate annual revenue of approximately $10,000.

15. The additional production costs for including external advertising is negligible and can be accommodated with existing resources.

16. The printing and distribution costs for the guide for October 2010 (trialing the publication of activities of external recreation service providers) increased by $2,300 however, this was a result of the increased print run and distribution.

17. The potential revenue will offset the costs of increased marketing and provide an opportunity to increase program delivery, with the outcome of increasing participation in school holiday activities.

Simone Barrett

Recreation Development Officer

Attachments:

1 View	September/October School Holiday Guide	2 Pages
2 View	Advertising Request Form and Guidelines for Advertising within the School Holiday Guide	3 Pages

REFERENCE MATERIAL

Council 27 September 2010 Item 10.5

COMMUNITY AND NEIGHBOURHOOD

ITEM NUMBER 10.5

SUBJECT 61 Mobbs Lane, Epping (former Channel 7 site)
Lot 1 DP 129023, Lot 2 DP 129023, Lot 1 DP 570891, Lot 2 DP 732070 (Lachlan Macquarie Ward)

DESCRIPTION Application for the modification to the approved concept plan and amendment to the State Significant Site listing

REFERENCE NCA/16/2010 - Submitted 2 September 2010

APPLICANT/S Meriton Apartments Pty Limited

OWNERS Karimbla Properties (No 9) Pty Ltd

REPORT OF Manager Development Services

REASON FOR REFERRAL TO COUNCIL

To seek Council endorsement of a submission to the Director General of the Department of Planning on the modification to the approved Concept Plan and amendments to the State Significant listing of the residential redevelopment of the former Channel 7 site.

The modification to the approved Concept Plan and amendments to the State Significant listing is made under Schedule 3 of State Environmental Planning Policy (Major Development) 2005. Under Part 3A of the Environmental Planning and Assessment Act 1979, the proposal is declared as a Major Project and the Minister for Planning is the Consent Authority for the above project.

RECOMMENDATION

That Council endorse the submission made by Council staff provided under separate cover.

BACKGROUND

1. On 22 August 2006, the Minister approved a Concept Plan for residential development, landscaped open space and associated facilities, which permits the following development on the site:

• a maximum of 650 dwellings

• a maximum of 80,000m2 maximum gross floor area (GFA) equivalent to a maximum floor space ratio (FSR) of 0.89: 1

• a maximum of 96,000m2 total envelope area

• a maximum of 73 dwellings per hectare on land

• a maximum height number of 6 storeys

• the provision of a minimum of 5% one (1) bedroom dwellings

• the provision of a maximum of 15% three (3) bedroom + study dwellings

• landscaped public open space (no less than 3.1 hectares) and private open space

• associated services and infrastructure

• land use distribution, building heights, densities, dwelling mixes and types

• strata and Torrens title subdivision.

THE PROPOSAL

2. On 2 September 2010, the Department of Planning notified Council that Meriton Apartments Pty Ltd have submitted a request in accordance with Section 75W of the Environmental Planning and Assessment Act, 1979 to modify the approved Concept Plan and amend the State Significant Site listing under Schedule 3 of State Environmental Planning Policy (Major Development) 2005 to the Department of Planning.

3. The proposed modifications involve increasing the number of dwellings from 650 to 800, within the maximum building heights and gross floor area of the approved Concept Plan (noting however there are requested changes to the definition of gross floor area).

4. The changes that are proposed as per the documentation submitted consist of the following:

· Alterations to apartment layouts and unit mix

· Provision for a neighbourhood shop of up to 150m² GFA to be co-located with the child care centre

· An additional 1600m² of common open space to be created on the western side of the site

· Deletion of reference in the approved Concept Plan to a density of 73 dwellings per hectare

· Changing the definition of Gross Floor Area in the approved Concept Plan to the standard instrument definition for Local Environmental Plans

· Increased development contributions in accordance with the Parramatta City Council Section 94A Contributions Plan.

5. The Department of Planning is exhibiting the modification between 1 September 2010 and 1 October 2010.

6. A review of the proposed modification is currently being undertaken by staff and further comments will be provided under separate cover prior to the Council meeting.

Kate Lafferty

Senior Development Assessment Officer

Attachments:

1 View	Environmental Assessment - Modification to Concept Plan	98 Pages
2 View	PCC Original Submission to Concept Plan	13 Pages

REFERENCE MATERIAL

Council 27 September 2010 Item 11.2

GOVERNANCE AND CORPORATE

ITEM NUMBER 11.2

SUBJECT Proposed Re-alignment of Local Government Boundary along Old Windsor Road Seven Hills

REFERENCE F2004/08135 - D01606046

REPORT OF Property Program Manager

PURPOSE:

The purpose of this report is to advise Council of the response received from the Hills Shire Council following Council’s resolution of 24 May 2010 on the matter.

RECOMMENDATION

(a) That Council support the request from Blacktown City Council to re-align the local government boundary along Old Windsor Road so that it adheres more closely to the centre line of the Road as outlined in this report.

(b) Further that Blacktown City Council and The Hills Council be informed of Council’s decision.

BACKGROUND

1. Council considered a report on a request by Blacktown Council to support a proposal by Blacktown and The Hills Councils to approach the Local Government Boundaries Commission seeking an adjustment to the local government boundaries along Old Windsor Road.

2. As a result of the report Council resolved that:

(a) That, subject to paragraph (b) below, Council support, in principle, the request from Blacktown City and Hills Shire Councils to re-align the local government boundary along Old Windsor Road so that it adheres more closely to the centre line of the Road as outlined in this report.

(b) That discussions be arranged with Hills Shire Council with a view to seeking its agreement to transfer to the Parramatta LGA that part of the Hills Shire LGA south of the M2 between Gibbon Road and Windsor Road.

3. A copy of the subject report can be seen at Attachment 1.

4. In accordance with paragraph (c) of the resolution both Councils were informed of the decision. The Hills Shire Council has advised that it will not support Council’s proposal.

ISSUES/OPTIONS/CONSEQUENCES

5. The purpose of the request from Blacktown Council was to seek Parramatta Council’s support a request to approach the Local Government Boundaries Commission seeking an adjustment to the local government boundaries along Old Windsor Road which is the current boundary line between the Hills Council to the north and Parramatta Council to the south. The proposed boundary adjustment arose following road improvement works and sought a new alignment to the centre line of Old Windsor Road in lieu of the current boundary which varies from side to side in places.

6. Council’s decision in relation to the report was to take the opportunity to seek an additional amendment to the boundary by way of a more logical boundary north/south boundary using the M4 as the dividing line and thus sought the Hills` agreement to transfer to the Parramatta LGA that part of the Hills Shire LGA south of the M2 between Gibbon Road and Windsor Road.

7. The Hills Council by way of letter dated 6 July 2010 refers to approaches from Parramatta made in “1996 and 1997” seeking a similar boundary adjustment and states that the Hills “Council was not prepared to enter into discussions on the matter in 1996 and 1997 and nothing has changed.”

8. Based on the subject reply it is considered that, as the proposed amendment to the boundary does not affect Council`s boundary with The Hills Council, Council should support the initial proposal and approach the Local Government Boundaries Commission seeking an adjustment to the local government boundaries along Old Windsor Road, Seven Hills. The recommendation has been framed accordingly.

9. A more detailed plan of the realignment will be available in the Council meeting.

CONSULTATION & TIMING

10. Initially Council’s Service Manager - Traffic and Transport, GIS Unit and Financial Operations Unit were consulted and offered no objection.

FINANCIAL IMPLICATION FOR COUNCIL

11. As there are no implications for rating there will be no gain or loss of rate income to Council. There maybe minor costs incurred, such as gazettal notification, in formalising the changes to the boundary.

Paul Burne

Property Program Manager

Attachments:

1 View

Attachment 1 - Report to OM 24 May 2010

4 Pages

REFERENCE MATERIAL

Council 27 September 2010 Item 11.3

GOVERNANCE AND CORPORATE

ITEM NUMBER 11.3

SUBJECT Investments Report for July 2010

REFERENCE F2009/00971 - D01639420

REPORT OF Manager Finance

PURPOSE:

To inform Council of the investment portfolio performance for the month of July 2010.

RECOMMENDATION

That Council receives and notes the investments report for July 2010.

BACKGROUND

1. In accordance with clause 212 of the Local Government (General) Regulation 2005, a report setting out details of all money invested must be presented to Council on a monthly basis.

2. The report must include a certificate as to whether or not the investments have been made in accordance with the Act, the Regulations and the investment policy of Council.

ISSUES/OPTIONS/CONSEQUENCES

3. The closing balance of Council’s investment portfolio as at the 31st July 2010 was $68.2M (Previous Month $76.7M).The weighted average Funds held throughout the period was approximately $73.7M.

4. Councils overall investment holdings decreased by approximately $8.5M compared to the previous period. This decrease in holdings is due to weekly accounts payable & payroll outflows versus low rate receipts which are not due until 31^st August 2010.

5. Council holds a diversified range of investment products which include:

· Managed Funds

· Term Deposits (Including Investment – Loan offsets)

· Floating Rate Notes

· Cash at call

· Equity Linked & Principal Protected Notes

· Senior Debt Bonds

Council engages CPG Research and Advisory for assistance in all investment matters relating to advice, risk and portfolio weighting.

6. Council’s Manager Finance also issued a memorandum dated 1 September 2010 via the Councillors Information Folder which outlined Council’s procedures for the investment of funds and appropriate performance benchmarks.

7. The weighted average interest rate on Council’s investments for the month of July 2010 versus the Bank Bill Index is as follows:

Monthly Annualised

Total Portfolio 0.55% 6.58%

Funds Managers 0.87% 10.40%

Bank Bill Index 0.42% 5.08%

NB: Annualised rates are calculated on a compounding basis assuming that the interest returns are added to the initial investment amount and reinvested

8. Council’s overall portfolio outperformed the bank bill index by 1.50%. Managed Funds recorded a return of 10.40% which exceeded bank bill index by 5.32%. This outstanding return can mostly be attributed to the CFS Global Income Fund which had a return of 15.48%.

9. Term deposits make up 40.30% of total holdings and range from 5.20% to 7.40%. Terms to maturity fall between 30 days & 3 years.

10. The following details are provided on the attachments for information:

Graph – Comparison of average funds invested with loans balance

Graph – Average interest rate comparison to Bank Bill Index

Graphs – Investments and loans interest compared to budget

Summary of investment portfolio

11. The Certificate of Investments for July 2010 is provided below:

Certificate of Investments

I hereby certify that the investments for the month of July 2010 have been made in accordance with the Act, the Regulations and Council’s Investment Policy.

12. There is no standard report attachment - detailed submission - attached to this report.

Alistair Cochrane

Manager Finance

Attachments:

1 View	Investments & Loans - Performance	1 Page
2 View	Summary of Investments Portfolio	2 Pages

REFERENCE MATERIAL

Council 27 September 2010 Item 11.4

GOVERNANCE AND CORPORATE

ITEM NUMBER 11.4

SUBJECT Overhanging Structures upon Council`s Roadway - 2 - 6 Howard Avenue Northmead

REFERENCE DA/133/2004 - D01654663

REPORT OF Property Program Manager

PURPOSE:

The purpose of this report is to address overhanging structures upon Council’s road reserve by a new development. The overhand over Council’s footpath is above ground and is at its widest .08m and its narrowest .01m over a 28.5m length – the total overhand is less than 1.3m².

RECOMMENDATION

(a) That Council agree to allow a structure to overhang Council’s adjoining road reserve on the basis that the adjoining land owner grant to Council a positive covenant under the Conveyancing Act over, lot 100 DP 1156042 in Howard Avenue Northmead which obligate/s the owner and its successors to properly maintain and keep in good condition (and renew or replace, where necessary) the overhanging structure described in this report.

(b) Further, that the Lord Mayor and Chief Executive Officer be authorised to execute under seal, any necessary plans or instruments that are necessary to formally record the grant of the positive covenant and its registration.

BACKGROUND

1. By letter dated 2 August 2010 the developer of a mixed use development at 2-6 Howard Avenue Northmead formally informed Council of an overhanging structure upon Council’s road reserve. The developer advised that:

“A check survey report to our builder was prepared by Lockley Land Title Solutions in February 2010, identifying the Ground Floor slab had been constructed with one corner of the building encroaching onto Howard Avenue. From our conversation with our builder, it would appear that there was a change in site foreman on the site and the message to the new foreman did not get passed on and subsequently the walls followed the slab edge.

As the building nears its final stages, it is totally impractical to remove this encroachment. We have pending sales of the units in the complex in the order of $15m and our surveyor is telling me that we won't be able to have our Strata Certificate issued unless Council has identified there is an encroachment and that "Council does not object to the encroachment of the building beyond the alignment of Howard Avenue".

We write this letter to you in all sincerity and hope that you consider this matter at your earliest convenience.”

2. A location plan and a site plan can be seen at Attachments 1 and 2 respectively. Attachment 3 is a more detailed plan showing the extent of the overhanging structure while Attachments 4-7 are photograph of the built structure which also indicates the overhanging of the structure.

ISSUES/OPTIONS/CONSEQUENCES

3. The matter was referred to Council’s Corporate Counsel who advised that an overhanging structure can be addressed by way of a positive covenant.

4. A similar situation arose some years ago where a development in the Parramatta CBD encroached upon Council’s road reserve. This development had frontage to both Charles and George Streets. The sandstone finish cladding was marginally thicker than anticipated and so encroached to a minor degree over Council’s footpath. In those locations all buildings are built to the property boundary so it was not a major issue. A consent to occupy was agreed to by Council on a number of conditions including suitable compensation and the approval was limited to the life of the building. The compensation was in the sum of $40,000 plus GST for both frontages. In addition Council agreed to accept a positive covenant under the Conveyancing Act over its road reserve which obligated the owner and its successors to properly maintain and keep in good condition (and renew or replace, where necessary) the road encroachments.

5. In determining suitable compensation regard was had as to on what basis compensation should be sought. A valuation exercise would not be appropriate due to the small area (approximately 1.3 sqm) involved. On the other hand the compensation needs to be at a level sufficient discourage future occurrences.

6. As the Manager Strategic Asset Management puts it, careless or manipulative developers will take any light handed approach from Council as tacit “approval” to do this (encroach) in the future knowing that the consequences may well be less than the benefit.

7. Several bases for the determination of suitable compensation were considered. These were:

§ The footpath occupancy fee included in Council’s fees and charges for 7 x 24 x 365 by say 99 years (in excess of $900,000)

§ The road occupancy fee included in Council’s fees and charges for 7 x 24 x 365 by say 99 years (about $150,000)

§ Site acquisition cost with a 7% yield for 99 years (about $20,000)

§ Comparative land value with the Meriton site ($8500)

§ A figure based on a combination of the above bases.

8. A figure of $25,000 plus costs including the cost of Council staff time required to rectify this matter has been negotiated with the developer/owner. The amount is based on the compensation in the George Street consent mentioned above but having some regard to comparative land values. The land value of the above-mentioned encroachment is far higher than the current site (see “Attachment 3” – offer of compensation).

9. Accordingly it is recommended as follows:

§ Payment to the Council of a fee amounting to twenty five thousand dollars ($25,000) (plus GST) and Council’s out of pocket expenses in resolving this issue, including a fee for Council Officer’s time.

§ the land owner give a positive covenant affecting the land that obliges the land owner to maintain the overhanging structures and includes the following key terms.

§ the land owner indemnifying Council in respect of any liability for damages, loss, injury or death caused by the act, negligence or default by the owner’s servants, agents and contractors arising from or in connection with the rights granted under the consent except where such damage and loss, injury or death is caused by the act, negligence or default of Council or of its servants, agents or contractors;

§ the land owner releasing the Council from any liability for damages, loss, injury or death arising from or in connection with the rights granted under the consent except where such liability, damage, loss, injury or death is caused by the act, negligence or default of the Council or of its servants, agents or contractors;

§ the land owner effecting and keeping current during the duration of the consent a public risk policy in the owner’s name noting Council as an interested party for an amount in respect of any single accident or event of not less than twenty million dollars ($20,000,000.00). Council may from time to time require the amount of such policy to be increased by such amount as may be reasonable having regard to the effect of inflation. The supply of a certificate of currency for the subject policy when so requested by Council

§ the duration of the positive covenant be limited to period in which the overhanging structure physically remain.

§ payment by the land owner of Council’s reasonable legal and other costs associated with this consent (plus GST)

§ plus other such conditions that Council’s General Counsel considers reasonable and necessary to implement the recommendation.

CONSULTATION & TIMING

10. Consultation has occurred with Council’s Corporate Counsel, Acting Manager Development Services and Senior Traffic Engineer.

FINANCIAL IMPLICATION FOR COUNCIL

11. If adopted the outcome will provide additional revenue for Council and costs will be met by the developer.

Paul Burne

Property Program Manager

Attachments:

1 View	Location Plan	1 Page
2 View	Site Plan	1 Page
3 View	Detailed Plan showing extent of structure	1 Page
4 View	Photo Attachment 1	1 Page
5 View	Photo Attachment 2	1 Page
6 View	Phot Attachment 3	1 Page

REFERENCE MATERIAL

Sue Coleman – Group Manager City Services			Assistant Minutes Clerk – Joy Bramham
Gregory Smith – Group Manager Corporate			Minutes Clerk – Grant Davies
Sue Weatherley–Group Manager Outcomes & Development

Clr Paul Barber – Caroline Chisholm Ward			Clr Lorraine Wearne, Lachlan Macquarie Ward
Clr Mark Lack – Elizabeth Macarthur Ward			Clr John Chedid – Elizabeth Macarthur Ward
Clr Glenn Elmore – Woodville Ward			Clr Scott Lloyd – Caroline Chisholm Ward
Clr Pierre Esber– Lachlan Macquarie Ward			Clr Andrew Wilson – Lachlan Macquarie Ward
Clr Prabir Maitra – Arthur Phillip Ward			Clr Andrew Bide – Caroline Chisholm Ward
Clr Julia Finn – Arthur Phillip Ward	Clr Michael McDermott - Elizabeth Macarthur Ward	Clr Antoine (Tony) Issa, OAM – Woodville Ward	Clr Chiang Lim, Deputy Lord Mayor – Arthur Phillip Ward