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

 

PRESENT

 

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

 

 

 

SUBJECT          Minutes of the Council Meeting held on 23 August 2010

11733

RESOLVED      (Lack/Bide)

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

 

 

 

1

SUBJECT          Support for Development Application - 4 - 6 Hammers Road, Northmead

REFERENCE    DA/714/2009

FROM                 M Black and others

11735

RESOLVED      (Lloyd/Wilson)

That the petition be received and considered in conjunction with Item 11.10 of Reports – Major Applications (Minute No 11756 refers).

 

NOTE:       Councillor P B Barber arrived at 6.50pm during consideration of this matter.

 

 

 

 

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.

 

 

 

1

SUBJECT          Development - 61 Mobbs Lane Epping - Former Channel 7 Site

REFERENCE    NCA/16/2010

FROM                 Councillor P Esber

11737

RESOLVED      (Esber/Wilson)

(a)     That Parramatta City Council oppose increased density proposed by state government at 61 Mobbs Lane Epping - Channel 7 Site on the following grounds:-

1                 It is out of character with the area.

2                 The increased traffic demands from the development will      exceed the capacity of the local road network.

3                 It represents an overdevelopment of the site

(b)    That Parramatta City Council write to Hornsby and Ryde Councils and encourage those Councils to make a separate submission in relation to this issue.

(c)     That Council acknowledge the recent statements made by Greg Smith MP, Member for Epping.

(d)     Further, that a detailed report on the matter be brought to Council for consideration 2 weeks time where Council will be able to debate the matter in more detail, noting that Council remains strongly opposed to the redevelopment of the former channel 7 site and considers that:-

1       The proposed increase of 150 dwellings is totally unacceptable.

2       The increase in the number of dwellings is an overdevelopment of the site and will result in adverse traffic impacts.

3       That due to the sites somewhat isolated location the additional 150 dwellings will lead to the majority of journeys being undertaken by private vehicles.

4       The proposed increase in 1 and 2 bedroom units does not allow an appropriate mix of dwellings in the development and is not consistent with Council's DCP controls.

 

 

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.

 

 

 

 

RESUMPTION OF STANDING ORDERS

 

 

11738        RESOLVED       (Bide/Elmore)

 

That Standing Orders be resumed.

 

 

 

 

PETITIONS (Cont'd)

 

 

 

2

SUBJECT          Objection to Proposed Rezoning of 2 Morton Street, Parramatta

REFERENCE    F2005/01017

FROM                 P Mannow and others

11739

RESOLVED      (Lack/Chedid)

That the petition be received and considered in conjunction with the voluntary planning agreement for 2 Morton Street, North Parramatta.

 

 

 

 

 

3

SUBJECT          Support for Outdoor Dining Area - Shop 1/5 - 9 Gibbons Street Oatlands

REFERENCE    cc/159/2010

FROM                 L Smith and others

11740

RESOLVED      (Lack/Chedid)

That the petition be received and noted.

 

 

 

 

Governance and Corporate

 

7.1

SUBJECT          13th International Riversymposium 11-14 October 2010
Burswood Entertainment Complex, Perth, Western Australia

REFERENCE    F2010/00132 - D01632213

REPORT OF      Manager - Council Support

11741

RESOLVED      (Esber/Lloyd)

(a)       That in line with Council Policy for a Category B Conference, the Lord Mayor of the Day or nominee and Councillors P B Barber, P Esber and A Issa, OAM attend the 13th International Riversymposium at Burswood Entertainment Complex, Perth from 11 – 14 October 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 ‘B’ conference.

 

 

 

 

7.2

SUBJECT          11th International Cities Town Centres (ICTC) & Communities Society Conference 12 - 15 October 2010, Coffs Harbour

REFERENCE    F2010/00135 - D01632432

REPORT OF      Manager - Council Support

11742

RESOLVED      (Esber/Issa OAM)

(a)       That in line with Council Policy for a Category C Conference, The Lord Mayor of the Day or nominee, Councillor G Elmore and any other interested Councillors attend the 11th International Cities Town Centres (ICTC) & Communities Society Conference at Opal Cove Convention Centre, Coffs Harbour from 12 – 15 October 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.

 

 

 

 

 

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

RESOLVED      (Esber/Issa OAM)

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.

 

 

 

 

10.2

SUBJECT          1C Illarangi Street, Carlingford
(Lot 101 DP 1091554) (Lachlan Macquarie)

DESCRIPTION  Tree removal and the construction of a part three storey and part two storey residential dwelling with inground swimming pool and spa. Location Map - Attachment 3

REFERENCE    DA/333/2010 - Submitted 4 May 2010

APPLICANT/S   Mr J Tannous

OWNERS           Elias & Elias Pty Ltd

REASON FOR REFERRAL TO COUNCIL

                            The  application has been referred to Council as the                             proposal seeks a variation (greater than 10% to the                             height control of Clause 39 of       Local Environmental                             Plan 2001.

11744

RESOLVED       (Esber/Issa OAM)

(a)      That Council support the variation to Clause 39 of the PLEP 2001 under the provisions of SEPP 1.

(b)      Further, that Council as the consent authority grant development consent to Development Application No. DA/333/2010 for tree removal and construction of a three storey dwelling with inground swimming pool and spa on land at 1C Illarangi Street, Carlingford 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 and P K Maitra.

 

NOES            Councillor A A Wilson.

 

 

 

 

10.3

SUBJECT          278 Clyde Street, South Granville
(Lot 2 DP 877380) (Woodville Ward)

DESCRIPTION  Construction of a single storey dwelling, tree removal and granny flat with attached garage.

REFERENCE    DA/443/2010 - 10 June 2010

APPLICANT/S   Mr J Tannous

OWNERS           Mr M Naboulsi and F Naboulsi

REPORT OF      Manager Development Services

REASON FOR REFERRAL TO COUNCIL

                            The application is being referred to Council for determination as the proposal involves works to a listed heritage item.

 

11745

RESOLVED      (Esber/Issa OAM)

That Development Application 443/2010 to construct a single storey dwelling, undertake tree removal, and construct a granny flat with attached garage on land at 278 Clyde Street, South Granville 2142 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.

 

 

 

 

 

10.4

SUBJECT          5 Galloway Street, North Parramatta (Lot 14 DP 1074720)

DESCRIPTION  Conversion of a dual occupancy to a dwelling house. Approval is also sought for alterations and additions to a heritage listed building including the construction of a double garage at the rear of the site.

REFERENCE    DA/552/2010 - 13 July 2010

APPLICANT/S   Mr M Khoury

OWNERS           Mr M Khoury and Ms T Bou-Antoun

REPORT OF      Manager Development Services

REASON FOR REFERRAL TO COUNCIL

                            The application is being referred to Council for determination as the subject site is listed as a Heritage Item of Local Significance under Parramatta LEP 1996 (Heritage and Conservation) and the proposal seeks a SEPP 1 variation (greater than 10%) to Clause 40 “Floor space ratios for development” in Parramatta Local Environmental Plan 2001.

11746

RESOLVED      (Esber/Issa OAM)

That Council as the consent authority grant development consent to Development Application No. 552/2010 for the conversion of a dual occupancy to a dwelling house, together with alterations and additions to a heritage listed building including the construction of a double garage at the rear of the site known as 5 Galloway Street.

 

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.

 

 

 

 

Reports - Major Applications

 

 

11.1

SUBJECT          36, 36A & 38 Charles Street, Parramatta (the Port Bar) (Lots 1 and 2 in DP 869820 and Lot 1 in DP 869816) (Arthur Phillip Ward)

DESCRIPTION  Alterations and additions to the existing restaurant and bar (the Port Bar) - installation of a small boutique brewery of 60sqm.

REFERENCE    DA/362/2010 - lodged 22nd May, 2008

APPLICANT/S   TNT Issa Investments

OWNERS           TNT Issa Investments and Parramatta City Council

REPORT OF      Manager Development Services

REASON FOR REFERRAL TO COUNCIL

                            This DA is presented to Council for determination as a part of the land over which the proposal will be built is Council land (Lot 2 in DP 869816).

11747

RESOLVED      (Bide/Esber)

That Council as the consent authority grant development consent to Development Application No. 362/2008 for alterations and additions to the existing restaurant/pub through the installation of a boutique brewery with a maximum output of 500 litres per week, on land at 36, 36A and 38 Charles Street, Parramatta, subject to the conditions contained within 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.

 

 

 

 

 

11.2

SUBJECT          15 Hammers Road Northmead (Lot B DP 348917) (Caroline Chisholm Ward)  

DESCRIPTION  Section 96(1a) modification to an approved child care centre for 64 children. The modification includes the removal of two trees in the rear setback of the property.

REFERENCE    DA/744/2006/A - 6 July 2010

APPLICANT/S   Zinnath Corporation Pty Limited

OWNERS           Zinnath Corporation Pty Limited

REPORT OF      Manager Development Services

REASON FOR REFERRAL TO COUNCIL

                            The application is referred to Council as the original application DA/744/2006 was determined by Council on 8 October 2007 and the application involves modification to a child care centre.

11748

RESOLVED      (Elmore/Issa OAM)

 

(a)      That Council as the consent authority modify Development Consent No. 744/2006 under the provisions of Section 96(1A) of the Environmental Planning and Assessment Act as outlined in Attachment 1.

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

 

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.

 

 

 

 

 

11.3

SUBJECT          165 Clyde Street, Granville (Lot 1 in DP 1055972) (Woodville Ward)

DESCRIPTION  Section 96(1a) modification to an approved 3 storey mixed use development containing ground floor retail space and 14 residential units above and basement level carparking.

REFERENCE    DA/230/2008/B - lodged 8th July, 2010

APPLICANT/S   Joey Constructions Pty Ltd

OWNERS           Joey Constructions Pty Ltd

REPORT OF      Manager Development Services

REASON FOR REFERRAL TO COUNCIL

                            This application is referred to Council as the development application to which the modification relates was determined by Council.

11749

RESOLVED      (Issa OAM/Maitra)

 

That Council as the consent authority and in accordance with Section 96(1a) of the Environmental Planning & Assessment Act, 1979, grant its approval to modify Development Application No. DA/230/2008 for an approved 3 storey mixed use development containing ground floor retail and 14 residential units above, over basement level carparking by rotating the locations of the bedrooms and lounge rooms in Units 5, 6, 12 and 13 and relocating the entry doors of Units 7 and 14 as shown on the plans submitted, on land at 165 Clyde Street, Granville.

 

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.

 

 

 

 

 

11.4

SUBJECT          16 Grand Avenue Camellia (Lot A DP 109063) (Ward)

DESCRIPTION  Section 96(2) application to modify a development consent for a recycling yard for used building materials. The modification is to allow the premises to receive and store green waste.

REFERENCE    DA/144/1997/A - Submitted 31 May 2010

APPLICANT/S   KLF Holdings Pty Ltd

OWNERS           Trebor Enterprises Pty Ltd

REPORT OF      Manager Development Services

REASON FOR REFERRAL TO COUNCIL

                            The application is referred to Council for determination because the parent DA was determined by Council.

11750

RESOLVED      (Lack/Issa)

That Council as the consent authority, modify development consent to Development Application No. 144/1997, ‘To use the premises as a recycling yard for used building materials’ on land at 16 Grand Avenue Camellia by making the following amendments to the development consent:

Replace the existing description of the approved development with the following revised description:

“To use the premises as a recycling yard for used building materials and incidental green waste’.

The addition of the following conditions:

24.      The applicant must comply with section 129 of the Protection of the Environment Operations Act 1997 that states "a licensee must not cause or permit the emission of any offensive odour from the Premises to which the licence applies”.

25       All green waste received at the premises must be stored in a sealed bin and must not be processed at the premises.

26       The applicant must comply with section 120 of the Protection of the Environment Operations Act 1997.

27       Section 120 of the Protection of the Environment Operations Act 1997 prohibits the pollution of waters. Appropriate measures must be taken to prevent stormwater run off from the stored green waste.

28       The quantity of green waste received and stored at the premises must not exceed 5 tonnes per annum.

29       The green waste bin must not be stored within the area of the site zoned Environmental Protection under the provisions of Sydney Regional Environmental Plan No. 28.

           Reason: To minimise risk to the environment.

 

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.

 

 

 

 

 

11.5

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.

11751

RESOLVED      (Lack/Maitra)

That consideration of this matter be deferred with view to further discussions being held with the applicant in relation to more appropriate on site management for the premises.

 

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.

 

 

 

 

 

11.6

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 (9) and that it involves development for the purpose of a boarding house.

                           

11752

RESOLVED      (Lack/Wilson)

(a)      That consideration of this matter be deferred with view to further discussions being held with the applicant in relation to more appropriate on site management for the premises.

(b)      Further, that the Acting Lord Mayor or Lord Mayor forward a letter to the Hon. Tony Kelly, Minister for Planning addressing the issue of boarding houses as a matter of urgency.

 

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.

 

 

 

 

 

11.7

SUBJECT          Site A 121-129 Railway Parade, Granville (Lot 11 DP 1018867) (Woodville Ward)

DESCRIPTION  Demolition of structures, tree removal and construction of a three storey mixed use development containing 25 dwelling units and three shops over basement level carparking for 29 cars.

REFERENCE    DA/723/2009 - Submitted 22 October 2009

APPLICANT/S   Australian Consultant Architects

OWNERS           Mr O. Cingiloglu

REPORT OF      Manager Development Services

REASON FOR REFERRAL TO COUNCIL

                            This DA is referred to Council for determination as there is a concurrent development application (DA/724/2009) for the re-development of the adjoining site to the east for the purposes of a 307 seat place of public worship (with five dwelling units above) and having regard to the cumulative impact of these two proposed developments in relation to traffic generation and parking provision.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

11753

MOTION             (Elmore/Lack)

That consideration of this matter be deferred to the Council Meeting in  one month pending an on site meeting, such meeting to be held within one week, between the applicant and residents to enable issues of concern to be addressed.

 

AMENDMENT   (Issa OAM/Bide)

(a)      That Council, as the consent authority, grant deferred commencement consent  to Development Application 723/2009 for the demolition of structures, tree removal and the construction of a three storey mixed use building containing 25 dwelling units, three shops and basement level carparking for 29 cars at 121 -129 Railway Parade, Granville, subject to the conditions contained in Attachment 1.

(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             Councillors P B Barber, J Chedid, G J Elmore, P Esber,  Lack, S D Lloyd, P K Maitra and A A Wilson.

 

NOES             The Deputy Lord Mayor, Councillor C X Lim and Councillors A Bide & A Issa, OAM.

 

 

 

 

 

11.8

SUBJECT          Site B 121-129 Railway Parade, Granville (Lot 11 DP 1018867) (Woodville Ward)

DESCRIPTION  Demolition of buildings, tree removal and the construction of a mixed use development comprising a 307 seat place of public worship (including a parent's room containing 34 seats) and community centre with five residential units within a part three/part four storey building and two levels of carparking accommodating 44 cars.

REFERENCE    DA/724/2009 - 22 October 2009

APPLICANT/S   Australian Consultant Architects

OWNERS           Mr O Cingiloglu

REPORT OF      Manager Development Services

REASON FOR REFERRAL TO COUNCIL

                            This application is brought to Council for determination as it includes a proposed place of public worship.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

11754

 

MOTION             (Issa OAM/Esber)

(a)       That Council, as the consent authority, grant a deferred commencement development consent to Development Application No. 724/2009 for the demolition of buildings and structures, tree removal and the construction of a mixed use development comprising a 307 seat place of public worship (including a parent’s room containing 34 seats) and community centre with five residential units within a part three/part four storey building and two levels of carparking accommodating 44 cars in the manner outlined in Attachment 1.

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

 

AMENDMENT   (Elmore/Maitra)

That consideration of this matter be deferred to the Council Meeting in  one month pending an on site meeting, such meeting to be held within one week, between the applicant and residents to enable issues of concern to be addressed.

 

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 A Bide, J Chedid, P Esber, A Issa, OAM, S D Lloyd and A A Wilson.

 

NOES             Councillors P B Barber, G J Elmore, M A Lack and P K Maitra.

 

 

 

 

 

11.9

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. Also correspondence from A Geracitano.

 

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.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

11755

MOTION             (Barber/Esber)

That consideration of this matter be deferred to the Council Meeting to be held on 27 September 2010 pending an on site meeting to be held on 25 September 2010 at 10am.

 

AMENDMENT   (Issa OAM/Lloyd)

(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 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 head petitioner and objectors be advised of Council’s decision.

 

The amendment was put and lost.

 

The motion was put carried.

 

DIVISION       The result being:

 

AYES             Councillors P B Barber, A Bide, J Chedid, G J Elmore, P Esber, M A Lack, P K Maitra and A A Wilson.

 

NOES             The Deputy Lord Mayor, Councillor C X Lim and Councillors A Issa, OAM and S D Lloyd.

 

 

 

 

 

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.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

11756

MOTION             (Bide/Maitra)

(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.

 

 

 

 

 

 

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

RESOLVED      (Esber/Elmore)

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.

 

 

 

 

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

RESOLVED      (Chedid/Esber)

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.

 

 

 

 

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

RESOLVED      (Bide/Elmore)

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.

 

 

Notices of Motion

 

12.1

SUBJECT          Late Motions for LGSA Conference in Albury

REFERENCE    F2010/00134 - D01651404

REPORT OF      Councillor J Chedid

11760

RESOLVED  (Chedid/Esber)

 

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.

 

 

 

 

 

CLOSED SESSION

 

 

11761

RESOLVED      (Esber/Lloyd)

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.

 

 

RESUMPTION OF MEETING

 

 

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

 

 

 

13.1

SUBJECT          Civic Place Redevelopment: Approval to Acquire Properties

REFERENCE    F2004/06404 - D01654263

REPORT OF      Development Director Civic Place

11762

RESOLVED      (Chedid/Elmore)

(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.

 

 

 

 

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.

 

 

 

 

 

 

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.

 

 

 

 

 

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.

 

 

 

 

 

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.

 

 

 

 

 

6

SUBJECT          Connection Arcade

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.

 

 

 

 

 

 

 

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