MINUTES OF THE Meeting of Parramatta City Council HELD IN THE Council Chambers, CIVIC PLACE, PARRAMATTA ON Monday, 27 September 2010 AT 6:49 pm
The Lord Mayor, Councillor, P J Garrard in the Chair and Councillors P B Barber, A Bide (retired 9.22 pm), J Chedid, G J Elmore, P Esber (retired 9.24 pm), J D Finn, A Issa, OAM (retired 8.59 pm), M A Lack, C X Lim (Deputy Lord Mayor), S D Lloyd, P K Maitra, L E Wearne and A A Wilson.
ACKNOWLEDGEMENT TO TRADITIONAL LAND OWNERS
The Lord Mayor, Councillor P J Garrard acknowledged the Burramatugal Clan of The Darug, the traditional land owners of Parramatta and paid respect to the elders both past and present.
MINUTES
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SUBJECT Minutes of the Council (Development) Meeting held on 13 September 2010 |
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RESOLVED (Chedid/Lloyd) |
11769 |
That the minutes be taken as read and be accepted as a true record of the Meeting. |
APOLOGIES
11770 RESOLVED (Lloyd/Lim)
That an apology be received and accepted for the absence of Councillor M D McDermott.
DECLARATIONS OF INTEREST
1 Councillor L E Wearne declared an interest in relation to Item 8.4 of Economy and Development regarding the former family home of Mr Richie Benaud - 5 Sutherland Road, North Parramatta as Councillor Wearne was the solicitor involved in the property’s conveyancing.
Councillor L E Wearne also declared an interest in relation to Item 13.4 of Closed Session regarding a review of the reasons for deferral of DA/129/2010 as Councillor Wearne is a member of the Joint Regional Planning Panel.
2 Councillor P B Barber declared an interest in relation to Item 8.4 of Economy and Development regarding the former family home of Mr Richie Benaud - 5 Sutherland Road, North Parramatta as Councillor Barber was a previous part owner of the subject property.
3 Councillor C X Lim declared an interest in relation to Item 8.8 of Economy and Development - Business Promotion and Sponsorship Requests as Councillor Lim is a member of the Board of the Business Connection.
4 Councillor J Chedid declared an interest in relation to Item 13.4 of Closed Session regarding a review of the reasons for deferral of DA129/2010 as Councillor Chedid is a member of the Joint Regional Planning Panel.
LORD MAYORAL MINUTES
PETITIONS
COUNCIL MATTERS TO BE ADOPTED WITHOUT DISCUSSION
MOTION (Issa OAM/Esber)
(a) That Items 8.2 of Economy and Development, 9.2 and 9.4 of Environment and Infrastructure, Items 10.1, 10.2, 10.3 and 10.4 of Community and Neighbourhood and Item 11.4 of Governance and Corporate be adopted without discussion in accordance with the staff recommendations.
(b) Further, that Item 9.6 of Economy and Development be considered in Closed Session.
AMENDMENT (Chedid/Lloyd)
That all items on the agenda be dealt with individually.
11778 The amendment was put and carried and on being put as the motion was again carried.
Economy and Development
8.2 |
SUBJECT Minutes of the Heritage Advisory Committee REFERENCE F2005/01945 - D01661617 REPORT OF Project Officer |
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RESOLVED (Esber/Chedid) |
11780 |
(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.
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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 REASON FOR REFERRAL TO COUNCIL The application has been referred to Council as the proposal seeks approval for demolition of a heritage item. |
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RESOLVED (Esber/Wilson) |
11781 |
That consideration of this matter be deferred to the next meeting of the Council Meeting (Development) pending an on site meeting to be held on Wednesday, 6 October 2010 at 5.30pm.
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DIVISION The result being:
AYES The Lord Mayor, Councillor P J Garrard and Councillors P B Barber, J Chedid, G J Elmore, P Esber, J D Finn, A Issa, OAM, M A Lack, C X Lim, S D Lloyd, P K Maitra, L E Wearne and A A Wilson.
NOES Councillor A Bide.
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8.4 |
SUBJECT 5 Sutherland Road, North Parramatta REFERENCE DA/533/2010 - D01662211 REPORT OF Acting Manager Land Use and Transport Planning |
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MOTION (Issa OAM/Lim) That consideration of this matter be deferred and dealt with in conjunction with the relevant development application.
AMENDMENT (Wilson/Esber) |
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(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) 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. (c) Further, that the applicant be made aware that the Council is in no way bound by the decision referred to in (a) and (b) above.
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11782
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The amendment was put and carried and on being put as the motion was again carried.
DIVISION The result being:
AYES The Lord Mayor, Councillor P J Garrard and Councillors A Bide, G J Elmore, P Esber, J D Finn, M A Lack, P K Maitra and A A Wilson.
NOES Councillors J Chedid, A Issa, OAM, C X Lim and S D Lloyd.
NOTE: Councillors P B Barber (as a former owner of the site) and L E Wearne (as a solicitor involved in the conveyancing of the property) declared an interest in this matter and temporarily retired from the meeting during consideration and voting on this issue.
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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. Also A/Service Manager Development Services Memorandum dated 21 September 2010. 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. |
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MOTION (Lack/Bide) (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 and the amendment of condition 87 to read:-
“87 Plan of Management The plan of management for the site that forms part of this consent is to be amended as follows:- 1. Alter the contactable hours of the manager in accordance with the conditions of this consent; 2. Alter the hours of use of the recreation room in accordance with the conditions of this consent; 3. Correct the reference to the maximum number of lodgers to 16 in accordance with the approved plans; 4. The managing agent for the boarding house is to be contactable between 8am and 6pm Monday to Friday; 5. An after hours contact number for the managing agent shall be placed on a sign attached to the external foyer wall facing Victoria Road indicating a phone number for after business hour enquiries; 6. A caretaker service that includes placement/return of garbage/recycling bins, cleaning of communal areas and maintenance of landscape areas shall occur not less than twice a week. 7. Contact details of the operator shall be provided to Council. Shall the operator change, Council is to be provided of the new operators details within 7 days. The plan of management is not be altered without the written approval of Council. Reason: To ensure compliance with the conditions of consent.”
(b) Further, that the objectors be advised of Council’s decision.
AMENDMENT (Maitra/Wearne) |
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(a) The application be refused for the following reasons:- 1. Council is still awaiting the Ministerial review relating to the Affordable Rental Housing SEPP. 2. Council does not want to set a precedent on the matter. 3. The application does not comply with the relevant FSR. 4. The proposed development has an unsatisfactory relationship with the heritage property at 63 Victoria Road, Parramatta. 5. The proposed property provides inadequate solar access for residents. (b) Further, that the applicant be invited to resubmit an application that complies with Council’s Boarding House Code.
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11783 |
The amendment was put and carried and on being put as the motion was again carried.
DIVISION The result being:
AYES The Lord Mayor, Councillor P J Garrard and Councillors J Chedid, P Esber, J D Finn, A Issa, OAM, C X Lim, S D Lloyd, P K Maitra, L E Wearne and A A Wilson.
NOES Councillors P B Barber, A Bide, G J Elmore and M A Lack.
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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. Also A/Service Manager Development Services Memorandum dated 21 September 2010.
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. |
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MOTION (Wearne/Lim) |
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(a) That the application be refused for the following reasons:- 1. Council is still awaiting the Ministerial review relating to the Affordable Rental Housing SEPP. 2 Council does not want to set a precedent on the matter. 3 The application does not comply with the relevant FSR. 4 The proposed development has an unsatisfactory relationship with the heritage property at 63 Victoria Road, Parramatta. 5 The proposed property provides inadequate solar access for residents. (b) Further, that the applicant be invited to resubmit an application that complies with Council’s Boarding House Code. |
11784 |
AMENDMENT (Bide/Lack) (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 and amendment of condition 79 to read:-
“79 Plan of Management The plan of management for the site that forms part of this consent is to be amended as follows:- 1. Alter the contactable hours of the manager in accordance with the conditions of this consent; 2. Alter the hours of use of the recreation room in accordance with the conditions of this consent; 3. Correct the reference to the maximum number of lodgers to 16 in accordance with the approved plans; 4. The managing agent for the boarding house is to be contactable between 8am and 6pm Monday to Friday; 5. An after hours contact number for the managing agent shall be placed on a sign attached to the external foyer wall facing Victoria Road indicating a phone number for after business hour enquiries; 6. A caretaker service that includes placement/return of garbage/recycling bins, cleaning of communal areas and maintenance of landscape areas shall occur not less than twice a week. 7. Contact details of the operator shall be provided to Council. Shall the operator change, Council is to be provided of the new operators details within 7 days. The plan of management is not be altered without the written approval of Council. Reason: To ensure compliance with the conditions of consent.” (b) Further, that the objectors be advised of Council’s decision.
The amendment was put and lost.
The motion was put and carried.
DIVISION The result being:
AYES The Lord Mayor, Councillor P J Garrard and Councillors, J Chedid, J D Finn, A Issa, OAM, C X Lim, S D Lloyd, P K Maitra, L E Wearne and A A Wilson.
NOES Councillors P B Barber, A Bide, G J Elmore, M A Lack
NOTE: Councillor P Esber left the meeting at 8.00 pm during consideration of this matter.
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8.7 |
SUBJECT 134
- 136 Woodville Road, Merrylands 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. Also Acting Team Leader Development Services Memorandum dated 27 September 2010. REASON FOR REFERRAL TO COUNCIL The application is referred to Council as there was a petition with 5 signatures and 3 individual submissions. It is noted that 2 signatures from the petition are from the one household and that the members of this household also submitted an objection. |
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RESOLVED (Issa OAM/Maitra) |
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11785 |
(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:
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 3rd 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 objectors be advised of Council’s decision.
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DIVISION The result being:
AYES The Lord Mayor, Councillor P J Garrard and Councillors A Bide, J Chedid, P Esber, J D Finn, A Issa, OAM, C X Lim, S D Lloyd, P K Maitra, L E Wearne and A A Wilson.
NOES Councillors P B Barber, G J Elmore and M A Lack.
NOTE: Councillor P Esber returned to the meeting at 8.02 pm during consideration of this matter.
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8.8 |
SUBJECT Business Promotion and Sponsorship Requests REFERENCE F2004/08120 - D01664046 REPORT OF Manager Economic Development |
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RESOLVED (Bide/Issa OAM) |
11786 |
That consideration of this matter be deferred and a workshop be held to discuss fully the use of the economic levy.
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Note Councillor C X Lim, as a member of the Board of Business Connection, temporarily retired from the meeting during consideration and voting on this issue.
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Environment and Infrastructure
9.1 |
SUBJECT Baludarri Wetland Plan of Management REFERENCE F2009/01267 - D01580096 REPORT OF Catchment Officer Natural Resources |
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MOTION (Bide/Lim) |
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That consideration of this matter be deferred for one month to enable a detailed briefing to be provided by staff in 2 weeks time addressing possible costs and any environmental ramifications.
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11787 |
AMENDMENT (Barber/Elmore) (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. (c) That the respondents who provided submissions in response to the public exhibition of this draft Plan of Management be advised of Council’s decision and thanked for their interest. (d) Further, that Council officers and volunteers involved in the Plan of Management be congratulated on their fine efforts.
The amendment was put and lost.
The motion was put and carried.
NOTE: Councillor P B Barber requested that his name be recorded as having voted against this decision. |
9.2 |
SUBJECT Covert MPS (Disabled) Program REFERENCE F2004/06909 - D01654589 REPORT OF Manager Regulatory Services |
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RESOLVED (Chedid/Finn) |
11788 |
That Council receive and acknowledge the findings of the two month covert MPS monitoring program.
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9.3 |
SUBJECT Asbestos Enforcement Policy REFERENCE F2004/08188 - D01656267 REPORT OF Manager Regulatory Services |
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RESOLVED (Esber/Issa OAM) |
11789 |
That the draft Asbestos Enforcement Policy as amended be adopted.
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9.4 |
SUBJECT Enforcement Policy Outdoor Dining Areas REFERENCE F2009/01489 - D01656454 REPORT OF Manager Regulatory Services |
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MOTION (Bide/Lloyd) That consideration of this matter be deferred pending a public meeting with restaurateurs.
AMENDMENT (Finn/Elmore) |
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That the Enforcement Policy Outdoor Dining Areas as amended be adopted.
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11790 |
The amendment was put and carried on the Lord Mayor’s Casting Vote and on being put as the motion was again carried on the Lord Mayor’s Casting Vote.
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9.5 |
SUBJECT Companion Animal Management Plan REFERENCE F2004/08080 - D01656568 REPORT OF Manager Regulatory Services |
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RESOLVED (Finn/Esber) |
11791 |
That the Companion Animal Management Plan as exhibited and amended be adopted. |
9.6 |
SUBJECT Expression of Interest, Parking Adjudication Review Panel REFERENCE F2009/01489 - D01659656 REPORT OF Manager Regulatory Services |
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RESOLVED (Esber/Bide) |
11792 |
That this matter be deferred for consideration in Closed Session (see item 13.5).
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Community and Neighbourhood
10.1 |
SUBJECT Access Advisory Committee Minutes 17 August 2010 REFERENCE F2005/01944 - D01642350
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RESOLVED (Esber/Elmore) |
11793 |
(a) That the minutes of the Access Advisory Committee meeting on 17 August 2010 (Attachment 1) be received and noted. (b) Further, that Council note there is no request for additional expenditure in this report.
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10.2 |
SUBJECT Community Advisory Committee Minutes 18 August 2010 REFERENCE F2004/07575 - D01643574
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RESOLVED (Esber/Lloyd) |
11794 |
(a) That the minutes of the Community Advisory Committee meeting on 18 August 2010 (Attachment 1) be received and noted. (b) Further, that Council note there is no request for additional expenditure in this report.
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10.3 |
SUBJECT Aboriginal and Torres Strait Advisory Committee Meeting 24 August 2010 REFERENCE F2005/01941 - D01645164 REPORT OF Community Capacity Building Officer |
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RESOLVED (Esber/Lloyd) |
11795 |
(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.
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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 |
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RESOLVED (Esber/Lloyd) |
11796 |
(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. (c) Further, that a further report be submitted to Council once the exhibition period has expired.
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10.5 |
SUBJECT 61
Mobbs Lane, Epping (former Channel 7 site) 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. Also Senior Development Assessment Officer Development Assessment Services Memorandum dated 24 September 2010. 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 Developments) 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. |
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RESOLVED (Wearne/Wilson) |
11797 |
That Council endorse the submission made by Council Staff in Senior Development Assessment Officer – Development Assessment Services Memorandum dated 24 September 2010 subject to the submission further addressing:- 1. Issues arising from traffic emanating from 150 proposed apartments on the site. 2. The need for the construction of, as a matter of urgency, traffic lights at the corner of Mobbs Lane and Marsden Road. 3. The lack of compliance with parking requirements.
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Governance and Corporate
11.1 |
SUBJECT RMIA Risk Management 7th Annual Conference "Better, Faster, Smarter" in Sydney from 21 - 24 November 2010 REFERENCE F2010/00136 - D01632069 REPORT OF Manager - Council Support |
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RESOLVED (Esber/Elmore) |
11798 |
(a) That in line with Council Policy for a Category ‘C’ Conference, the. Lord Mayor or nominee and Councillors J D Finn, A A Wilson and any other interested Councillors attend the RMIA Risk Management 7th Annual Conference “Better, Faster, Smarter” in Sydney from 21 – 24 November 2010. (b) Further, that delegate registration, accommodation, travel and out-of-pocket expenses be paid from account number 10.1260.712.644405.00000.00000 in accordance with Council Policy on Civic Office Expenses and Facilities for a ‘Category C’ conference.
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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 |
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RESOLVED (Issa OAM/Esber) |
11799 |
(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.
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11.3 |
SUBJECT Investments Report for July 2010 REFERENCE F2009/00971 - D01639420 REPORT OF Manager Finance |
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RESOLVED (Esber/Elmore) |
11800 |
That Council receive and note the Investments Report for July 2010.
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11.4 |
SUBJECT Overhanging Structures upon Council`s Roadway - 2 - 6 Howard Avenue Northmead REFERENCE DA/133/2004 - D01654663 REPORT OF Property Program Manager |
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RESOLVED (Bide/Esber) |
11801 |
(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) 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. (c) Further, that Council write to the appropriate bodies ie the Professionals Board for the private certifier and the Department of Fair Trading for the builder reporting the matter with a view to a response being provided to the Chamber in due course.
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NOTE: Councillor P B Barber left the meeting at 8.40 pm during consideration of this matter.
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ADJOURNMENT OF MEETING
In accordance with Council's decision of 23 October 2000 (Minute No 5712) the meeting adjourned at 8.42 pm for a period of 13 minutes.
RESUMPTION OF MEETING
The meeting resumed in the Council Chamber at 8.55 pm, there being in attendance The Lord Mayor, Councillor P J Garrard and Councillors P B Barber, A Bide, J Chedid, G J Elmore, P Esber, J D Finn, C X Lim, S D Lloyd, P K Maitra, L E Wearne and A A Wilson.
SUSPENSION OF STANDING ORDERS
11802 RESOLVED (Wearne/Wilson)
That Standing Orders be suspended to enable an urgent motion to be considered in relation to the sponsorship of the National Australian Local Government Women’s Association Conference.
The Lord Mayor ruled that the matter was one of urgency.
1 |
SUBJECT National Australian Local Government Women's Association Conference REFERENCE F2008/00400 FROM Councillor L E Wearne |
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(a) That Council allocate $2000 from the appropriate account and purchase a gold level sponsorship for the National Australian Local Government Women’s Association Conference and the organisers of the Conference be immediately advised of Council’s decision. (b) Further, that a report be prepared seeking nomination of Councillors to attend the subject conference.
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Note Councillors A Issa OAM and J Chedid returned to the meeting at 8.57 pm during consideration of this matter.
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2 |
REFERENCE F2004/07125 FROM Councillor A Wilson |
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That Council purchase a silver sponsorship for the Camp Lionheart Dinner to be held on 15 October 2010 at Oatlands House and arrangements for the purchase be left in the hands of the Lord Mayor.
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RESUMPTION OF STANDING ORDERS
11805 RESOLVED (Wearne/Wilson)
That Standing Orders be resumed.
Notices of Motion
12.1 |
SUBJECT Proposal to rename a small part of Grose Street, North Parramatta to Eels Place, North Parramatta REFERENCE F2006/00231 - D01665355 REPORT OF Councillor C X Lim |
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RESOLVED (Chedid/Maitra) |
11806 |
(a) That Council produce a report recommending the merits of renaming a part of Grose Street, North Parramatta, west of O’Connell Street, to Eels Place, North Parramatta. (b) That Council, as part of the report, consider the written support received from the board of the Parramatta Leagues Club via their Chief Executive Officer. (c) That Council may consider conducting suitable additional public consultation with respect to this proposal in order to ensure proper consideration of this renaming proposal. (d) Further, that Council’s report outline a formal submission to the Geographic Names Board for this renaming of this part of Grose Street, North Parramatta, to Eels Place, Parramatta, upon the final approval of Council.
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Note During the meeting, Councillor Lim tabled correspondence dated 3 September 2010 from Parramatta Leagues Club in support of the proposal.
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12.2 |
SUBJECT Proposal to rename a small part of Amos Street, Parramatta to Kfarsghab Place, Parramatta REFERENCE F2006/00231 - D01665359 REPORT OF Councillor C X Lim |
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RESOLVED (Lim/Esber) |
11807 |
(a) That Council produce a report recommending the merits of renaming a part of Amos Street, Parramatta, east of Good Street, to Kfarsghab Place, Parramatta, to reciprocate the existence of “Parramatta Road” in Kfarsghab, Lebanon. (b) That Council, as part of the report, consider the written support and petitions received from the community of and associated to that part of Amos Street, Parramatta. (c) That Council conducts an appropriate public consultation with respect to this proposal in order to ensure proper consideration of this renaming proposal. (d) That Council write to Holroyd City Council to ask for their support and concurrence to this proposal. (e) Further, that Council’s report outline a formal submission to the Geographic Names Board for this renaming of this part of Amos Street, Parramatta, to Kfarsghab Place, Parramatta, upon the final approval of Council.
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Note Item 4 of Petitions relates to this matter (Minute No. 11777 refers). |
12.3 |
SUBJECT Proposal to consider a Memorandum of Understanding with Better Place Australia REFERENCE F2008/00558 - D01665370 REPORT OF Councillor C X Lim |
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RESOLVED (Lim/Esber) |
11808 |
(a) That Council invite Better Place Australia for a presentation to Councillors and Council staff to: (i) understand how Parramatta can be the first city in Sydney or NSW to begin electric vehicle infrastructure; (ii) receive technical and business presentations from Better Place Australia about their underpinning technologies of electric vehicle infrastructure and business opportunities from such infrastructure (iii) collaborate with Better Place Australia in order to mutually benefit from the intellectual development of potential future planning regulations as well as influencing national and state policies and regulations (iv) identify the financial benefits of implementing electric vehicle infrastructure so that power could be sold back to the grid; and; (v) assess the direct benefits of Council’s and our City’s use of electric vehicles without sacrificing performance, utility or operational costs. (b) That the presentation include information about greenhouse impact of electric cars as compared to hybrids and highly efficient petrol and diesel vehicles. (c) That Council suggest to Better Place Australia the possibility of holding a similar presentation for WSROC representatives. (d) Further, that for reasons of commercial neutrality, Council be not exclusively bound to Better Place Australia, but also be open to other electric vehicle infrastructure providers.
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NOTE: Councillor A Issa, OAM left the meeting at 8.59 pm during consideration of this matter and did not return to the meeting.
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11809 |
Members of the press and public be excluded from the meeting of the Closed Session and access to the correspondence and reports relating to the items considered during the course of the Closed Session be withheld. This action is taken in accordance with Section 10A(2) of the Local Government Act, 1993 as the items listed come within the following provisions:- |
1 Tender WSROC – WR01-08/09 – Provision of Pavement Marking Services – Schedule of Rates Tender. (D01610501) - This report is confidential in accordance with section 10A (2) (d) of the Local Government Act 1993 as the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.
2 Proposed Variations to Existing Waste Processing and Disposal Contract. (D01648514) - 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.
3 Tender 15/2010 Epping Lane, Epping, Shared Traffic Zone - Civil, Drainage, Paving, Landscape and Streetscape Works. (D01651677) - This report is confidential in accordance with section 10A (2) (d) of the Local Government Act 1993 as the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.
4 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. (D01661826) - 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.
5 Expression of Interest, Parking Adjudication Review Panel - This report is confidential in accordance with section 10A (2) (a) of the Local Government Act 1993 as the report contains information concerning particular individuals.
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That the decisions of Closed Session be noted as follows:- |
13.1 |
SUBJECT Tender WSROC – WR01-08/09 – Provision of Pavement Marking Services – Schedule of Rates Tender. REFERENCE F2009/01322 - D01610501 REPORT OF Manager City Operations |
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RESOLVED (Esber/Maitra) |
11810 |
(a) That the Schedule of Rates negotiated by WSROC on behalf of its Member Councils for provision of pavement marking services be accepted subject to satisfactory quality of work and performance from the following contractors:- § Gumbay Holding Pty Ltd trading as Avante Line Marking – first preferred. § Combined Traffic Management – second preferred. § Menai Linemarking Services – third preferred. (b) Further, that the Lord Mayor and CEO be given delegated authority to execute and affix the Common Seal of Council to the necessary documents.
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13.2 |
SUBJECT Proposed Variations to Existing Waste Processing and Disposal Contract. REFERENCE F2008/02639 - D01648514 REPORT OF Manager City Assets and Environment |
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RESOLVED (Esber/Elmore) |
11811 |
(a) That Council grants WSN an Extension of Time under Clause 16.21 of the Contract for a period of twenty four months for each of the milestones. (b) That Council review the timeframe for Contract milestones again once WSN secures a site for the new AWT facility. (c) That Council continues landfill disposal at Eastern Creek in accordance with the Contract and at the current Contract rates. (d) That Council continues to authorise the Chief Executive Officer to determine as required in each year of the Contract period the proportion of mixed solid waste to be processed through an alternate AWT facility. (e) Further, that WSN be advised of Council’s resolution.
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13.3 |
SUBJECT Tender 15/2010 Epping Lane, Epping, Shared Traffic Zone - Civil, Drainage, Paving, Landscape and Streetscape Works. REFERENCE F2010/00590 - D01651677 REPORT OF Project Manager. Also Manager City Assets and Environment Memorandum dated 27 September 2010. |
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RESOLVED (Wilson/Lloyd) |
11812 |
(a) That the Tender submitted by Sam the Paving Man for the implementation of a Shared Traffic Zone, including civil, drainage, paving, landscaping and streetscape works at Epping Lane, Epping, for the sum of $292,230.70 (excluding GST) be accepted. (b) That all unsuccessful Tenderers be advised of Council’s decision in this matter. (c) That Council accept an allocation of $110,000 (GST inclusive) from the Transportation Interchange Development Corporation (TIDC) to assist in funding the works. (d) That the Lord Mayor and Chief Executive Officer be given delegated authority to execute and affix the Common Seal of Council to the necessary documents. (e) Further, that prior to any final payment being made, an inspection be carried of the works undertaken in the presence of Councillors and the results of the inspection be reported back to Council.
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13.4 |
SUBJECT 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. REFERENCE F2008/02897 - D01661826 REPORT OF Property Development Advisor |
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RESOLVED (Wearne/Bide) |
11813 |
(a) That Council resolve to have the application for development of 20 townhouses at 23 Elizabeth Street, Granville, submitted to the JRPP on 9 September 2010 which was deferred to a future meeting, be re-submitted to the meeting of 14 October, 2010 or such other meeting date within a reasonable time of that date. (b) Further, that if the application is refused or further deferred when re-submitted that Council officers be authorised to lodge an appeal with the Land and Environment Court and that Council officers shall also be authorised to appoint the external consultants and legal team as is necessary to support the appeal.
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NOTE: Councillors J Chedid and J D Finn, as members of the Joint Regional Planning Panel, declared an interest and temporarily retired from the meeting during consideration and voting on this issue.
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5 |
SUBJECT Expression of Interest, Parking Adjudication Review Panel REFERENCE F2009/01489 - D01659656 REPORT OF Manager Regulatory Services |
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(a) That it be noted this matter was deferred for consideration from Open Council (Minute No 11792 refers). (b) That the selected candidates be accepted for appointment to the Parking Adjudication Review Panel for 12 months. (c) That the candidates be advised of Council’s decision. (d) That the panel be convened in accordance with the Parking Enforcement Policy as soon as possible. (e) That an Expression of Interest be readvertised with a view to the candidates’ pool being increased to 10 persons. (f) Further, that a report be provided to Council fully addressing the applications submitted by each applicant to show consistency and transparency in the appointment process. |
QUESTION TIME
1 |
SUBJECT Laneway at Rear of Parramatta City Council Administration Offices REFERENCE F2008/04592 FROM Councillor Glenn Elmore |
11815 |
Councillor Elmore advised that he had recently attempted to exit the laneway at the rear of the Darcy Street Administrative Offices and found the laneway had been closed. He suggested that appropriate signage be erected at the commencement of the laneway to prevent users accessing the laneway and being forced to undertake a U Turn.
The Chief Executive Officer advised that the laneway was not meant to be closed but added that the matter would be investigated.
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2 |
SUBJECT Attendance at Board Meetings REFERENCE F2008/04592 FROM Councillor Pierre Esber |
11816 |
Councillor Esber requested that all Councillors be provided with an attendance list for all Councillor Board members over the past 2 years.
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3 |
SUBJECT Provision of Gym at Parramatta Pool REFERENCE F2008/04592 FROM Councillor Prabir Maitra |
11817 |
Councillor Maitra requested that Council investigate the possible provision of a gym at Parramatta Swimming Pool.
The Lord Mayor advised that an appropriate report would be prepared.
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4 |
SUBJECT Illegal Shipping Container - Eleanor Street, Rosehill REFERENCE F2008/04592 FROM Councillor Julia Finn |
11818 |
Councillor Finn sought advice as to whether a shipping container could be ‘parked’ on the street in an area which did not have time limited parking.
The Lord Mayor advised that the practice was not legal.
Councillor Finn requested that Council staff investigate the placement of a shipping container in Eleanor Street, Rosehill between Arthur and Alfred Streets.
NOTE: Councillor A Bide retired from the meeting at 9.22 pm during consideration of this matter.
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5 |
SUBJECT Parking Adjudication Review Panel REFERENCE F2008/04592 FROM Councillor Chiang Lim |
11819 |
Councillor Lim noted that the Interim Parking Adjudication Review Panel had previously consisted of staff but Council had now resolved to appoint selected candidates from the general public to the formal Panel.
Councillor Lim enquired as to whether there would be an opportunity for persons who had previously appealed unsuccessfully to the Interim Panel to again appeal to the recently appointed citizens on the Panel.
The Group Manager Outcomes and Development advised that the Interim Panel had undertaken the same consideration process as would the formal panel.
The Group Manager further advised that if any new information was available that was not previously considered by the Interim Panel, only then could the matter be revisited.
NOTE: Councillor P Esber retired from the meeting at 9.24 pm during consideration of this matter.
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6 |
SUBJECT Excessive Noise Emanating from Vehicles REFERENCE F2008/04592 FROM Councillor Chiang Lim |
11820 |
Councillor Lim noted the success of the Community Safety Officers and requested that a memorandum be provided to Councillors advising the number of vehicles that had been successfully prosecuted for excessive noise, especially in Church Street, Parramatta.
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7 |
SUBJECT Capacity of Bus/Rail Interchange REFERENCE F2008/04592 FROM Councillor Andrew Wilson |
11821 |
Councillor Wilson noted a recent press release by the Transport Workers Union which had indicated that the Bus/Rail Interchange had now reached full capacity.
Councillor Wilson requested that an update be provided to Councillors on congestion and traffic movements around Parramatta Station.
The Group Manager Outcomes and Development advised that a briefing note on this issue would be provided to Councillors within the week.
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8 |
REFERENCE F2008/04592 FROM Councillor Scott Lloyd |
11822 |
Councillor Lloyd advised that he had recently been approached by a constituent who had apparently been informed by a staff member that the car park in Civic Place had been closed off as the site had been sold to Multiplex to erect high rise units.
Councillor Lloyd requested that staff ensure that misleading information was not being provided to the community.
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9 |
SUBJECT "Red Top" Bin Replacement REFERENCE F2008/04592 FROM Councillor Scott Lloyd |
11823 |
Councillor Lloyd requested that he be updated on the proposed plan for the replacement of bins with new ‘red top’ bins.
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10 |
REFERENCE F2008/04592 FROM Councillor Lorraine Wearne |
11824 |
Councillor Wearne sought advice as to when DA Tracking would once again be functional on Council’s website.
The Group Manager Outcomes and Development noted that the system had recently been brought in house but was not aware of any current problems.
Ms Weatherley added that the matter would be investigated.
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The meeting terminated at 9.28 pm.
THIS PAGE AND THE PRECEDING 33 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON MONDAY, 27 SEPTEMBER 2010 AND CONFIRMED ON MONDAY, 11 OCTOBER 2010.
Lord Mayor