MINUTES OF THE Meeting of Parramatta City Council HELD IN THE Council Chambers, CIVIC PLACE, PARRAMATTA ON Monday, 13 September 2010 AT 6:48 pm
The Deputy Lord Mayor, Councillor C X Lim in the Chair and Councillors P B Barber (arrived 6.50 pm), A Bide, J Chedid, G J Elmore, P Esber, A Issa, OAM, M A Lack, S D Lloyd, P K Maitra and A A Wilson.
MINUTES
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SUBJECT Minutes of the Council Meeting held on 23 August 2010 |
11733 |
That the minutes be taken as read and be accepted as a true record of the Meeting. |
APOLOGIES
11734 RESOLVED (Esber/Elmore)
That an apology be received and accepted for the absence of The Lord Mayor, Councillor P J Garrard and Councillor M McDermott who are attending a trade mission to China’s global cities; Shanghai and Beijing, as well as the City of Yiwu - the world’s largest commodity trading centre, from 6 September to 14 September 2010 and for Councillors J D Finn and L E Wearne who are attending the Parks and Leisure Conference being held in Glenelg from 12 – 15 September 2010.
DECLARATIONS OF INTEREST
There were no declarations of interest at this Council (Development) Meeting.
PETITIONS
SUSPENSION OF STANDING ORDERS
11736 RESOLVED (Esber/Wilson)
That Standing Orders be suspended to enable consideration of an urgent motion regarding the development of the Channel 7 site as submissions on this issue are required by 1 October 2010.
RESUMPTION OF STANDING ORDERS
11738 RESOLVED (Bide/Elmore)
That Standing Orders be resumed.
PETITIONS (Cont'd)
3 |
SUBJECT Support for Outdoor Dining Area - Shop 1/5 - 9 Gibbons Street Oatlands REFERENCE cc/159/2010 FROM L Smith and others |
11740 |
That the petition be received and noted. |
Governance and Corporate
DEVELOPMENT APPLICATIONS TO BE BROUGHT FORWARD
Due to the presence of interested persons in the public gallery, Items 10.2, 10.4. 11.5, 11.6, 11.7 ,11.8, 11.10, 11.11 and 11.12 were brought forward and considered at this point in the meeting.
Reports - Domestic Applications
10.1 |
SUBJECT Suite 34/74 Rawson Street, Epping (Lot 34 SP 76736) (Lachlan Macquarie Ward) DESCRIPTION Change of use and internal fitout as a beauty salon. REFERENCE DA/528/2010 - 5 July 2010 APPLICANT/S Herbal Hair and Beauty OWNERS Mr J Di and Mrs L Di Bella REPORT OF Manager Development Services REASON FOR REFERRAL TO COUNCIL The application is being referred to Council for determination as an objection letter has been received endorsed with 6 signatures. The beauty salon as part of its nominated treatments offers massage. |
11743 |
That Development Application 528/2010 for the change of use and internal fit out for a beauty salon including the provision of massage on land at 34/74 Rawson Street, Epping be approved subject to the conditions of consent in Attachment 1 of this report.
DIVISION The result being:
AYES The Deputy Lord Mayor, Councillor C X Lim and Councillors P B Barber, A Bide, J Chedid, G J Elmore, P Esber, A Issa, OAM, M A Lack, S D Lloyd, P K Maitra and A A Wilson.
NOES None.
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Reports - Major Applications
11.10 |
SUBJECT 4-6 Hammers Road Northmead (Lots 8-9 DP 7339) (Arthur Phillip Ward) DESCRIPTION Consolidation of two allotments, re-subdivision into 3 lots, tree removal and construction of seniors housing development to accommodate 11 villas on proposed lot B. REFERENCE DA/714/2009 - Submitted 19 October 2009 APPLICANT/S JS Architects Pty Ltd OWNERS Mr G Chong, Ms K Emerson, Ms J Lee, Mr C Baissari REPORT OF Manager Development Services. Also Acting Team Leader Development Assessment Memorandum dated 2 September 2010. REASON FOR REFERRAL TO COUNCIL The application has been referred to Council as the proposal has received more than 5 objections. This report was deferred from the Council Meeting held on 9 August 2010 pending the holding of a conciliation meeting.
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11756 |
(a) That Council not support the variation under the provisions of SEPP 1 to Clause 40 (4)(c) of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 which states that a building located in the rear 25% area of the site must not exceed 1 storey in height. (b) That by way of a deferred commencement, Council through the Group Manager Outcomes be provided with amended plans showing the rear units (ie 11 and 5) are single storey only. (c) That the car space designated for ambulance/visitor use be deleted, so that the existing tree is preserved. That appropriate amendments to effect this be provided as part of the amended plans. (d) That Council notes condition No. 31 of the recommendation requiring all garages have a minimum width of 3.2m in accordance with the requirement for disabled car spaces contained within the Australian Standard for car parking that was in force at the time the Seniors Living SEPP was gazetted. (e) That Council as the consent authority grant development consent to Development Application No. 714/2009 for consolidation of two existing allotments, re-subdivision into 3 lots, tree removal and proposed seniors housing development to accommodate 11 villas on proposed lot B (rear lot) with a lapsing period of five (5) years from the date on the Notice of Determination subject to the conditions contained within Schedule 1. (f) Further, that the objectors be advised of Council’s decision.
AMENDMENT (Issa OAM/Esber) (a) That Council support the variation to Clause 40(4)(c) of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004, which states that a building located in the rear 25% area of the site must not exceed 1 storey in height, under the provisions of SEPP 1. (b) That Council as the consent authority grant development consent to Development Application No. 714/2009 for consolidation of two existing allotments, re-subdivision into 3 lots, tree removal and proposed seniors housing development to accommodate 11 villas on proposed lot B (rear lot) with a lapsing period of five (5) years from the date on the Notice of Determination subject to the conditions contained within Attachment 1. (c) That the car space designated for ambulance/visitor use be deleted, so that the existing tree is preserved. That appropriate amendments to effect this be provided as part of the amended plans. (d) Further, that the objectors be advised of Council’s decision.
PROCEDURAL MOTION (Barber)
The question be put.
The procedural motion was put and carried.
The amendment was put and lost.
The motion was put and carried.
DIVISION The result being:
AYES The Deputy Lord Mayor, Councillor C X Lim and Councillors P B Barber, A Bide, M A Lack, P K Maitra and A A Wilson.
NOES Councillors J Chedid, P Esber, G J Elmore, A Issa, OAM and S D Lloyd.
NOTE: This matter was considered in conjunction with Item 1 of Petitions – Minute No 11735 refers.
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11.11 |
SUBJECT Parramatta City Library, 143 Macquarie Street Parramatta (Lot 1 in DP 791300) (Arthur Phillip Ward) DESCRIPTION Operation of a mobile coffee cart outside the Parramatta City Library. REFERENCE DA/521/2010 - Submitted 30 June 2010 APPLICANT/S Mars Hill Cafe OWNERS Parramatta City Council REPORT OF Manager Development Services REASON FOR REFERRAL TO COUNCIL The application relates to land that is owned by Parramatta City Council. |
11757 |
That Council as the consent authority, grant development consent to Development Application No. DA/521/2010 for the operation of a coffee cart in front of Parramatta City Library at 143 Macquarie Street, Parramatta, in accordance with the conditions of consent in Attachment 1.
DIVISION The result being:
AYES The Deputy Lord Mayor, Councillor C X Lim and Councillors P B Barber, A Bide, J Chedid, G J Elmore, P Esber, A Issa, OAM, M A Lack, S D Lloyd, P K Maitra and A A Wilson.
NOES None.
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11.12 |
SUBJECT 73-73A Wigram Street Harris Park (Lots 19 & 20 DP 415) (Elizabeth Macarthur Ward) DESCRIPTION Partial demolition and alterations and additions to heritage building at 73 Wigram Street. Demolition of 73A Wigram Street which is not a heritage item and construction of a new building and use for restaurant with seating capacity for 100 people. REFERENCE DA/614/2009 - Submitted 8 September 2009 APPLICANT/S SB Design OWNERS Mr & Mrs Sharma REPORT OF Manager Development Services REASON FOR REFERRAL TO COUNCIL The application has been referred to Council for determination because 73 Wigram Street is a heritage item. |
11758 |
That Council as the consent authority grant development consent to Development Application No. DA/614/2009 for the part demolition and alterations and additions to the heritage building at 73 Wigram Street, demolition of 73A Wigram Street, construction of a new building and use for restaurant with seating capacity of 100 at 73 & 73A Wigram Street, Harris Park.
DIVISION The result being:
AYES The Deputy Lord Mayor, Councillor C X Lim and Councillors P B Barber, A Bide, J Chedid, G J Elmore, P Esber, A Issa, OAM, M A Lack, S D Lloyd, P K Maitra and A A Wilson.
NOES None.
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11.13 |
SUBJECT Winston Hills Lion Park, 22 Churchill Drive, Winston Hills (Lot 613 DP228561, Lot 12 DP 233268, Lot 7 DP 253959) (Caroline Chisholm Ward) DESCRIPTION Temporary use for a community fair known as 'Octoberfest' for one Sunday in the middle of October each year for 5 years commencing in 2010 and ceasing in 2014. REFERENCE DA/584/2010 - Submitted 22 July 2010 APPLICANT/S The Lions Club of Winston Hills Inc. OWNERS Parramatta City Council REPORT OF Manager Development Services REASON FOR REFERRAL TO COUNCIL The application relates to land owned by Parramatta City Council. |
11759 |
That Council as the consent authority, grant development consent to Development Application No. DA/584/2010 for the use of Winston Hills Lions Park at No. 22 Churchill Drive, Winston Hills for a community fair “Octoberfest” for the next five years, as shown on the approved plans, subject to the conditions in Attachment 1.
DIVISION The result being:
AYES The Deputy Lord Mayor, Councillor C X Lim and Councillors P B Barber, A Bide, J Chedid, G J Elmore, P Esber, A Issa, OAM, M A Lack, S D Lloyd, P K Maitra and A A Wilson.
NOES None.
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Notices of Motion
12.1 |
SUBJECT Late Motions for LGSA Conference in Albury REFERENCE F2010/00134 - D01651404 REPORT OF Councillor J Chedid |
11760 |
That the following motions be submitted to the 2010 LGSA conference in Albury as late motions: -
1. Illegal Dumping Strategy
That the Division of Local Government support Parramatta City Council in the implementation of an illegal dumping strategy as a base for a uniform approach that could be used throughout NSW and in particular the Greater Sydney Metropolitan Area.
The merits of the strategy introduced by Parramatta City Council were the adoption of the strategy which included the mapping of all hot spot areas with a targeted inspection program. Clear processes for dealing with illegally dumped waste including identification contact properties owners and removal of orphan waste within strict time frames. The strategy supports an overall approach and commitment from all areas of Council to target illegal dumping and reduce the burden on Council for the removal of orphan waste and reducing the associated costs incurred by targeting the problem in a proactive program.
2. Parking Enforcement Policy
That the Division of Local Government support Parramatta City Council in the implementation our Parking Enforcement Policy as a model for NSW Councils.
The merits of the Policy include clear objectives for the management of parking within the city to reflect the community needs and expectations. Clear guidelines that provide consistency for Council. The changing the perception of Council officers and to become ambassadors of the City (not just parking officers). A review of the title and presentation of officers with a uniform and title change to Community safety officers. Providing options for penalty reviews that include the SDRO or Council's independent review panel. Reducing associated legal costs to Court challenges due to errors and or mitigating circumstances. Assists in staff training by having clear guidelines promoting consistency with management of parking related matters.
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11761 |
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 item listed comes within the following provisions:- |
1 Civic Place Redevelopment: Approval to Acquire Properties. (D01654263) - 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.
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13.1 |
SUBJECT Civic Place Redevelopment: Approval to Acquire Properties REFERENCE F2004/06404 - D01654263 REPORT OF Development Director Civic Place |
11762 |
(a) That Council acquire all interests (including the leasehold interests and other interests) in the land comprising the following properties (collectively "the Darcy Street Private Properties"): · 160 Church Street, being lot 1 in DP 514282; · 12 Darcy Street, being lot A in DP 417015; · 14 Darcy Street, being lot B in DP 417015; · 28 Darcy Street, being lot 1 in DP 128539. (b) That Council negotiate with each registered proprietor of the Darcy Street Private Properties to endeavour to reach agreement on the acquisition of those properties and in the event that for any of those properties no such agreement is reached within a reasonable period: · the acquisition of the property be carried out by compulsory process in accordance with Part 1 of Chapter 8 of the Local Government Act 1993 and the Land Acquisition (Just Terms Compensation) Act 1991; · Council seek approval from the Minister for Local Government in accordance with s187 of the Local Government Act 1993 to give all necessary Proposed Acquisition Notices in accordance with the Land Acquisition (Just Terms Compensation) Act 1991; · Council take each other step as is necessary to obtain the Minister's approval including making applications and providing a written explanation of the purpose of acquisition of land referred to in clause 5 of Schedule 3 of the Land Acquisition (Just Terms Compensation) Act; · Following receipt of the Minister's approval Council serve each PAN and take each other action necessary to carry out the acquisition; and · Council give effect to the acquisitions by publication of acquisition notices in the Government Gazette and such other publication as may be required by law.
(c) That Council acquire the following land by compulsory process: · Darcy Street being Lot 1 in DP 1086906 but excluding land acquired by the Transport Infrastructure Development Corporation in Lot 1 in DP 1116940 (Darcy Street) for the following purposes: · to close Darcy Street and resolve any uncertainty as to title arising by reason of the existence of a number of slivers of old system title within Darcy Street. · in respect of the eastern end of Darcy Street, to enable the redevelopment of that land to include Station Square; · to enable Darcy Street to be incorporated into the Civic Place redevelopment including the development of underground publicly available car parking under Darcy Street and the above ground pedestrian links and arcades proposed within the redevelopment in the area of land now comprising Darcy Street and the Darcy Street private properties; · That part of Church Street being Lot 1 in DP 1104477 (Church Street) for the following purposes: · To allow entry ramps to its subsurface stratum to be constructed; · To enable a substratum area to be owned and used for the purposes of car parking and retail; and · For the surface stratum to be refurbished and returned to Council. (d) That in respect of the acquisition of Darcy street and Church Street: · Council take each other step as is necessary to obtain the Minister's approval including to provide a written explanation of the purpose of acquisition of land referred to in clause 5 of Schedule 3 of the Land Acquisition (Just Terms Compensation) Act; · Council give effect to the acquisitions by publication of acquisition notices in the Government Gazette and such other publication as may be required by law. (e) That Council by the compulsory acquisition: · of Darcy Street, close Darcy Street. · of Church Street , close Church Street. (f) That Council seeks such further approvals from the Minister, the Governor or any public authority as may be necessary, and takes all actions as may be necessary, to give notices and otherwise carry out the acquisitions by means of compulsory acquisition. (g) That Council authorise the Chief Executive Officer to complete and execute all documentation necessary to finalise and bring into force Council’s acquisition of the properties and if necessary to fix the Council seal to the application to the Minister, the Governor or any public authority for the compulsory acquisition. (h) That if agreement on acquisition is reached with the owner of a Darcy Street Private Property, the Council acquire that land. Any terms of an agreement to acquire prior to compulsory acquisition, will be subject to a further resolution of Council. (i) Further, that upon acquisition, each of the Darcy Street Private Properties, and those parts of Darcy Street and Church Street as are acquired be classified as operational land.
NOTE: The Deputy Lord Mayor, Councillor C X Lim and Councillor M A Lack requested that their names be recorded as having voted against this decision.
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QUESTION TIME
1 |
SUBJECT Overhanging Trees - Whitehaven Avenue, Northmead REFERENCE F2008/04592 FROM Councillor Scott Lloyd |
11763 |
Councillor Lloyd advised that trees had fallen in Whitehaven Avenue, Northmead and were now intruding on to the roadway.
He requested that urgent attention be given to this matter.
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2 |
SUBJECT Development Application - 5 Sutherland Road, North Parramatta REFERENCE F2008/04592 FROM Councillor Tony Issa OAM |
11764 |
Councillor Issa sought advice at to when the development application submitted in respect of 5 Sutherland Road, North Parramatta would be determined.
The Group Manager Outcomes and Development advised that certain issues pertaining to stormwater still required resolution and added that the issue would be reported to the next Council Meeting to be held on 27 September 2010.
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3 |
SUBJECT Bridge Road, Westmead - Installation of Chicanes REFERENCE F2008/04592 FROM Councillor Prabir Maitra |
11765 |
Councillor Maitra again requested, as raised at a previous meeting, that the Traffic Engineer investigate the installation of chicanes in Bridge Road, Westmead in the vicinity of Darcy Road and the Dyldam Development.
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4 |
SUBJECT Appointment of Internal Auditor REFERENCE F2008/04592 FROM Councillor Glenn Elmore |
11766 |
Councillor Elmore sought advice as to whether Council had now appointed an Internal Auditor.
The Chief Executive Officer advised that a recruitment process had been undertaken but it had been determined that there was no suitable candidate.
In the meantime, Council was utilising the services of a contractor known as IAB Services. |
5 |
SUBJECT Notification of Development Application Signage REFERENCE F2008/04592 FROM Councillor Glenn Elmore |
11767 |
Councillor Elmore noted that certain developments had Notification of Development Application signage erected on site but appeared to have already commenced works without determination of the relevant application.
The Group Manager Outcomes and Development advised that often a development application had been approved but the signage had not been removed.
The Group Manager Outcomes and Development added that she was unaware of any recent examples of works being undertaken prior to approval and noted that, in any event, a construction certificate would be required in the first instance.
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6 |
REFERENCE F2008/04592 FROM Councillor Prabir Maitra |
11768 |
Councillor Maitra noted the many vacant shops in Connection Arcade and referred to representations received from an interested tenant who had been unable to contact the responsible Council officer.
Councillor Maitra advised that he had also tried to make contact with the appropriate staff on behalf of the tenant and was also unsuccessful.
The Chief Executive Officer requested that he be provided with the relevant details to enable the matter to be pursued.
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The meeting terminated at 9.09 pm.
THIS PAGE AND THE PRECEDING 29 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON MONDAY, 13 SEPTEMBER 2010 AND CONFIRMED ON MONDAY, 27 SEPTEMBER 2010.
Lord Mayor