Minutes of Council (Development)

MINUTES OF THE Meeting of Parramatta City Council HELD IN THE Council Chambers, CIVIC PLACE, PARRAMATTA ON Monday, 11 October 2010 AT 6:48 pm

PRESENT

The Lord Mayor, Councillor J Chedid in the Chair and Councillors P B Barber (retired 9.27 pm), A Bide, G J Elmore, P Esber, J D Finn, P J Garrard, M A Lack (retired 9.27 pm), C X Lim, S D Lloyd, M D McDermott (Deputy Lord Mayor) and A A Wilson.

ACKNOWLEDGEMENT TO TRADITIONAL LAND OWNERS

The Lord Mayor, Councillor J Chedid acknowledged the Burramatugal Clan of The Darug, the traditional land owners of Parramatta and paid respect to the elders both past and present.

SUBJECT Minutes of the Council Meeting held on 27 September 2010

RESOLVED (Garrard/Lloyd)

11837

That the minutes be taken as read and be accepted as a true record of the Meeting subject to it being noted that Councillor J D Finn declared the interest in relation to Item 13.4 rather than Councillor L E Wearne.

SUBJECT Minutes of the Special Council Meeting held on 29 September 2010

RESOLVED (Esber/Elmore)

11838

That the minutes be taken as read and be accepted as a true record of the Meeting.

SUBJECT Minutes of the Special Council Meeting held on 5 October 2010

RESOLVED (Esber/Elmore)

11839

That the minutes be taken as read and be accepted as a true record of the Meeting subject to it being noted that Councillor P Esber’s declaration of interest in relation to Item 7.1 should refer to his properties as listed on his Section 449(1) and (3) disclosure.

APOLOGIES

11840 RESOLVED (Esber/Lloyd)

That an apology be received and accepted for the absence of Councillor L E Wearne and it be noted that Councillors A Issa OAM and P K Maitra were in attendance at the 13^th International Riversymposium being held in Perth from 11 to 14 October 2010 and leave of absence be granted.

DECLARATIONS OF INTEREST

1 The Deputy Lord Mayor, Councillor M D McDermott declared a non pecuniary interest in relation to Item 12.1 of Notices of Motion regarding Naming of Alan Hayes Pavilion at Dundas Park as Councillor McDermott is a member of the Dundas United Sports and Recreation Club.

2 Councillor J D Finn declared a pecuniary interest in relation to Item 11.7 of Major Applications regarding 94 Alfred Street Rosehill, as Councillor Finn resides opposite the subject premises and had been notified in relation to the development.

3 Councillor P B Barber declared a non pecuniary interest in relation to Item 11.1 of Major Applications regarding 481 Woodville Road Guildford, as the applicant/owner is known to Councillor Barber and has attended events at which Councillor Barber had been present.

MINUTES OF THE LORD MAYOR

SUBJECT Four Nations Rugby League

REFERENCE F2004/09860

FROM The Lord Mayor, Councillor John Chedid

RESOLVED (Chedid/Lloyd)

11841

(a) That Council support the National Rugby League in hosting and promoting the Four Nations Rugby League Tournament match in Parramatta.

(b) That Council promote the Four Nations Rugby League match between Australia and Papua New Guinea in the Parramatta Local media.

(c) Further, that Council host a civic reception for the Four Nations Rugby League Tournament teams playing in Parramatta.

PETITIONS

SUBJECT Opposition to DA/527/2010 - Corner of O'Connell and Albert Streets, Parramatta.

REFERENCE DA/527/2010

FROM J Subratha and others

RESOLVED (Lim/Bide)

11842

(a) That the petition be received and considered in conjunction with the assessment of the application.

(b) Further, that Council Officers advise all Councillors by memorandum on 12 October 2010 the background and advice given to the applicant in relation to the prevailing zoning that can be borrowed for the purposes of this development application.

SUSPENSION OF STANDING ORDERS

11843 RESOLVED (Lack/Elmore)

That Standing Orders be suspended to enable consideration to be given to an urgent motion regarding Council’s decision regarding the erection of signage for unsupported developments and an unintended consequence of that decision on individuals.

The Chairperson ruled that the matter was one of urgency.

1	SUBJECT Removal of Unsupported Development Signage REFERENCE F2004/06472 FROM Councillor M Lack
	MOTION (Lack/Esber) (a) That the Parramatta City Council unsupported development signage be removed from outside of the relevant properties once construction is complete and occupation is about to occur, subject to the concurrence of the Lord Mayor. (b) Further, that a report be submitted in 4 weeks outlining the effected properties where such signage has been erected and where occupation will soon occur. AMENDMENT (Lloyd/Bide)
	(a) That a report be submitted in 4 weeks outlining the effected properties where unsupported development signage has been erected and where occupation will soon occur. (b) Further, that this Council write to all Councils in NSW offering the artwork and wording of the signage at no cost to all those councils should they choose to adopt similar signage for their local government area.
11844	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. DIVISION The result being:- AYES: The Lord Mayor Councillor J Chedid and Councillors A Bide, P J Garrard, C X Lim, S D Lloyd and M McDermott NOES: Councillors P B Barber, G J Elmore, P Esber, J D Finn, M Lack and A A Wilson

RESUMPTION OF STANDING ORDERS

11845 RESOLVED (Elmore/Lack)

That Standing Orders be resumed.

Economy and Development

7.1

SUBJECT Variations to Standards under SEPP 1

REFERENCE F2009/00431 - D01671136

REPORT OF Acting Manager Development Services Unit

RESOLVED (Esber/Elmore)

11846

That the report be received and noted.

Reports - Domestic Applications

10.1	SUBJECT 3 Marguerette Street, Ermington (Lot 97 DP 16170) (Lachlan Macquarie Ward) DESCRIPTION Alterations and additions to an existing dwelling including a first floor addition. REFERENCE DA/621/2010 - 3 August 2010 APPLICANT/S Wal Robbins Additions Pty Ltd OWNERS MR T G Khong and Mrs T U N Khong REPORT OF Manager Development Services REASON FOR REFERRAL TO COUNCIL The application has been referred to Council as the application seeks a variation of greater than 10% to the height control of Clause 39 of Local Environmental Plan 2001 and the application is accompanied by an objection under SEPP 1.
	RESOLVED (Esber/Bide)
11847	(a) That Council support the variation to Clause 39 of the PLEP 2001 under the provisions of SEPP 1. (b) Further, that Development Application No 621/2010 for alterations and additions to an existing dwelling at 3 Marguerette Street, Ermington be approved subject to the conditions of consent in Attachment 1 of this report.
	DIVISION The result being: AYES The Lord Mayor, Councillor J Chedid and Councillors A Bide, G J Elmore, P Esber, J D Finn, P J Garrard, M A Lack, C X Lim, S D Lloyd, M D McDermott and A A Wilson. NOES Councillor P B Barber.

10.2	SUBJECT 1/5-9 Gibbons Street, Oatlands DESCRIPTION Construction of a deck within the road reserve for the use as an outdoor dining area associated with an approved restaurant at shop 1/5-9 Gibbons Street, Oatlands. REFERENCE DA/544/2010 - Submitted 9 July 2010 APPLICANT/S R Eltakchi OWNERS Parramatta City Council REPORT OF Manager Development Services REASON FOR REFERRAL TO COUNCIL The matter is referred to Council as more than 5 submissions were received.
	RESOLVED (Esber/Bide)
11848	(a) That Council as the consent authority grant development consent to Development Application No. 544/2010 for the construction of a deck within the road reserve for the use as an outdoor dining area associated with an approved restaurant at shop1/5-9 Gibbons Street, Oatlands subject to the conditions of consent outlined in attachment No. 1 of this report. (b) Further, that the objectors be advised of Council’s decision.
	DIVISION The result being: AYES The Lord Mayor, Councillor J Chedid and Councillors P B Barber, A Bide, G J Elmore, P Esber, J D Finn, P J Garrard, M A Lack, C X Lim, S D Lloyd, M D McDermott and A A Wilson. NOES None.

10.3	SUBJECT 23 Calder Road, Rydalmere (Lot A DP 357009) (Elizabeth Macarthur Ward) DESCRIPTION Section 96 (2) modification to an approval for a 2 storey attached dual occupancy and Torrens title subdivision. REFERENCE DA/766/2005/A - Submitted 1 July 2010 APPLICANT/S P Chiu OWNERS Mr T Chiu & Ms C Cheung REPORT OF Manager Development Services REASON FOR REFERRAL TO COUNCIL The application is referred to Council as the original application for demolition, tree removal and construction of a 2 storey attached dual occupancy and Torrens Title subdivision was approved by Council on 10 April 2007.
	RESOLVED (Esber/Bide)
11849	(a) That Council as the consent authority, modify development consent to Development Application No. 766/2005/A for the construction of a 2 storey attached dual occupancy and Torrens title subdivision by increasing the RL of the ground floor by a maximum 500mm, increasing the front setback and relocation of the rainwater tanks on land at 23 Calder Road, Rydalmere. (b) Further, that the head petitioner be advised of Council’s decision.
	DIVISION The result being: AYES The Lord Mayor, Councillor J Chedid and Councillors P B Barber, A Bide, G J Elmore, P Esber, J D Finn, P J Garrard, M A Lack, C X Lim, S D Lloyd, M D McDermott and A A Wilson. NOES None.

10.4	SUBJECT 3 Mangalore Drive, Winston Hills (Lot 78 DP270075) (Caroline Chisholm Ward) DESCRIPTION Construction of a 3 storey dwelling on a vacant allotment of land. REFERENCE DA/589/2010 - 26 July 2010 APPLICANT/S Bana Consulting Engineers OWNERS Mr K Avin REPORT OF Manager Development Services REASON FOR REFERRAL TO COUNCIL The application has been referred to Council as the application seeks a variation of greater than 10% to the minimum allotment size and minimum site frontage controls outlined in Clause 38, the maximum height control of Clause 39 and the maximum floor space ratio control of Clause 40 of Local Environmental Plan 2001. The application is accompanied by objections under SEPP 1.
	RESOLVED (Lloyd/Bide)
11850	(a) That Council support the variation to Clause 38, Clause 39 and Clause 40 of the PLEP 2001 under the provisions of SEPP 1. (b) Further, that Development Application No 589/2010 to construct a 3 storey dwelling at 3 Mangalore Drive, Winston Hills be approved subject to the conditions of consent in Attachment 1 of this report. .
	DIVISION The result being: AYES The Lord Mayor, Councillor J Chedid and Councillors A Bide, G J Elmore, P Esber, J D Finn, P J Garrard, M A Lack, C X Lim, S D Lloyd, M D McDermott and A A Wilson. NOES Councillor P B Barber

Reports - Major Applications

11.1	SUBJECT 481 Woodville Road Guildford DESCRIPTION Demolition, tree removal and construction of 5 townhouses over basement car parking. REFERENCE DA/145/2010 - 3 March 2010 APPLICANT/S Mr E Kaltoum OWNERS Mr E Kaltoum and Mrs M Kaltoum REPORT OF Manager Development Services REASON FOR REFERRAL TO COUNCIL The application is being referred to Council for determination as the proposal has received more than 5 objections.
	RESOLVED (Esber/Bide)
11851	(a) That Council as the consent authority grant development consent to Development Application No. 145/2010 for demolition, tree removal and construction of 5 townhouses over basement car parking with deferred commencement consent subject to the conditions contained within Attachment 1. (b) Further, that the objectors be advised of Council’s decision.
	DIVISION The result being: AYES The Lord Mayor, Councillor J Chedid and Councillors A Bide, G J Elmore, P Esber, J D Finn, P J Garrard, M A Lack, C X Lim, S D Lloyd, M D McDermott and A A Wilson. NOES None.
	NOTE: Councillor P B Barber had previously declared a non pecuniary interest in this matter as the owner is known to Councillor Barber and has attended events at which Councillor Barber was in attendance. Councillor Barber temporarily left the meeting during consideration and voting on this matter.

11.2

SUBJECT 21 Greenleaf Street, CONSTITUTION HILL NSW 2145 (LOT 1 DP 216006) (Caroline Chisholm Ward)

DESCRIPTION Section 96AA modification of a Land and Environment Court consent for a 40 place child care centre. The modifications include changing the age mix to allow children aged 0-2 years to attend the centre and changes to the internal layout of the premises.

REFERENCE DA/1126/2006/C - Submitted 2 July 2010

APPLICANT/S Nabil S Moussad

OWNERS Mr C P Nikhil and Mr R P Sririty

REPORT OF Manager Development Services

REASON FOR REFERRAL TO COUNCIL

The application has been referred to Council as the parent Development Application was determined by the Land and Environment Court.

RESOLVED (Lim/Lloyd)

11852

(a) That Council as the consent authority modify Development Consent No. 1126/2006/C under the provisions of Section 96(AA) of the Environmental Planning and Assessment Act in the following manner:

A. REPLACE Condition No. 1 WITH THE following CONDITION:

Drawing No	Rev	Description	Author	Dated
PL-1	1	Site Plan	Nabil S. Moussad Design & Construction	15 July 2010
PL-2	1	Ground Floor Plan	Nabil S. Moussad Design & Construction	15 July 2010
99978-DA-03	A	Roof Plan	Advanced Architecture & Construction Pty Ltd	August 2007
99978-DA-04	A	Elevations/Section	Advanced Architecture & Construction Pty Ltd	August 2007
99978-DA-05	A	Elevations/Section	Advanced Architecture & Construction Pty Ltd	August 2007
7012 DA1	C	Landscape Plan	Vision Dynamic Pty Ltd	13 November 2007
07MB2716/DA01 Sheet 1 of 2		Site and Roof Drainage Plan	United Consulting Engineers Pty Ltd	February 2007
07MB2716/DA02 Sheet 2 of 2		Soil and Water Management Plan	United Consulting Engineers Pty Ltd	February 2007

Document(s)	Author	Dated
Statement of Environmental Effects	Planning Direction Pty Ltd	February 2007
Traffic and Parking Statement	Traffic Solutions Pty Ltd	23 February 2007
Environmental Noise Impact Report	Nabil Moussad/Nikhil Paul	9 August 2010
External finishes		undated
Waste management plan		undated
Plan of Management (Revised)		14 July 2010

No construction works (including excavation) shall be undertaken prior to the release of the Construction Certificate.

Note: Further information on Construction Certificates can be obtained by contacting Customer Service on 9806 5602.

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

B. REPLACE CONDITION NO. 29 WITH THE FOLLOWING CONDITION:

29. The child care centre shall operate in accordance with the plan of management, a copy of which is attached to these conditions and marked “Plan of Management (Revised) dated 14 July 2009.

C. ADD THE FOLLOWING CONDITIONS:

1. Prior to the issue of a construction certificate, the site plan is to be amended to include a 3m high fence (2.1m timber + 0.9m polycarbonate) along the central portion of the southern boundary to provide a buffer between the childcare centre building and the adjoining dwelling at 19 Greenleaf Street as per LEC approved Site Plan 9978-DA-01, Revision B, Author: Advanced Architecture & Construction Pty Ltd, Dated: November 2007.

Reason: To minimise the acoustic impacts at No. 19 Greenleaf Street.

2. The disabled toilet is to comply with the design criteria in AS1428.1 (2001) - Design for Access and Mobility - General Requirements for Access - New Building Work. This requirement shall be reflected on the Construction Certificate plans.

Reason: To ensure equity of access and appropriate facilities are available for people with disabilities in accordance with Federal legislation.

3. The cot room window to remain closed whilst children are inside the room.

Reason: To ensure that the environmental amenity is maintained.

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

DIVISION The result being:

AYES The Lord Mayor, Councillor J Chedid and Councillors P B Barber, A Bide, G J Elmore, P Esber, J D Finn, P J Garrard, M A Lack, C X Lim, S D Lloyd, M D McDermott and A A Wilson.

NOES None.

11.3	SUBJECT Midson Road Eastwood (former Eastwood Brickworks) (Lot 5 DP 270605) DESCRIPTION Section 96(2) Modification to DA/582/2005 that approved the refurbishment of the Patent Kiln building for residential use, demolition of the Mill building and construction of part 5 and part 6 storey residential flat building. Modifications include the reconfiguration of apartments within the Mill building, changes to the roof line and external finishes and the internal reconfiguration of the Kiln Building including conversion of apartments to a single level. REFERENCE DA/582/2005/E - 11 June 2010 APPLICANT/S Hassell OWNERS AV Jennings REPORT OF Manager Development Services REASON FOR REFERRAL TO COUNCIL The application is being referred to Council as the original application was determined by Council on 14 November 2005 and the buildings are heritage items.
	RESOLVED (Wilson/Finn)
11853	That the application be refused due to the impact on the heritage items.
	DIVISION The result being: AYES The Lord Mayor, Councillor J Chedid and Councillors P B Barber, A Bide, G J Elmore, P Esber, J D Finn, P J Garrard, M A Lack, C X Lim, S D Lloyd, M D McDermott and A A Wilson. NOES None.

11.4

SUBJECT 28A Phillip Street, PARRAMATTA NSW 2150
(Lot 1 DP 105032 Pt Lots 13/14) (Arthur Phillip Ward)

DESCRIPTION Section 96(1A) application to modify a development consent for the fitout and use of the premises as a Thai massage centre.

REFERENCE DA/853/2009/A - Submitted 24 August 2010

APPLICANT/S Rachen Muangkaew

OWNERS Mr C E Underwood

REPORT OF Manager Development Services

REASON FOR REFERRAL TO COUNCIL

The application is being referred to Council for determination as the application seeks modification to a massage centre.

MOTION (McDermott/Esber)

That the Section 96(1A) application be refused as the proposal adds no value to the city.

AMENDMENT (Bide/Lack)

That Development Application 853/2009/A to modify a development consent for the fitout and use of the premises as a Thai massage centre, including modifying the floor plan by moving the massage rooms to the western side of the tenancy and adding a laundry on land at 28A Phillip Street, Parramatta be approved subject to the conditions of consent in Attachment 1 of this report.

11854

The amendment was put and carried and on being put as the motion was again carried.

DIVISION The result being:

AYES Councillors P B Barber, A Bide, G J Elmore, J D Finn, M A Lack, C X Lim and A Wilson.

NOES The Lord Mayor, Councillor J Chedid and Councillors P Esber, P J Garrard, S D Lloyd and M D McDermott.

COUNCIL MATTERS TO BE BROUGHT FORWARD

Due to the presence of interested persons in the gallery, Item No 11.8 of Major Applications regarding Site A 121-129 Railway Parade, Granville (Lot 11 DP 1018867) (Woodville Ward) and Item 11.9 of Major Applications regarding 3 Ada Street, Harris Park (Lot B FP 382156) (Elizabeth Macarthur Ward) were brought forward and considered at this point in the meeting (Esber/Lloyd).

11.5	SUBJECT 104 Oakes Road Old Toongabbie NSW 2146 DESCRIPTION Construction of a 3 storey office building within the Baxter health care complex. REFERENCE DA/255/2010 - 1 April 2010 APPLICANT/S Baxter Healthcare Pty Ltd OWNERS Baxter Healthcare Pty Ltd REPORT OF Manager Development Services REASON FOR REFERRAL TO COUNCIL The application is referred to Council as it is an application for a major development and has attracted public interest.
	RESOLVED (Esber/Lim)
11855	(a) That Council waive the requirements for a Master Plan to be prepared for the site in accordance with Clause 30 of Parramatta Local Environmental Plan 2001. (b) That application No. 255/2010 for the construction of a 3 storey office building within the Baxter health care complex, landscaping works, provision of an additional 139 at grade carparking spaces and land consolidation be approved subject to the conditions contained in Attachment 1 of this report. (c) Further, that the objectors be advised of Council’s decision.
	DIVISION The result being: AYES The Lord Mayor, Councillor J Chedid and Councillors A Bide, G J Elmore, P Esber, P J Garrard, C X Lim and M D McDermott. NOES Councillors P B Barber, J D Finn, M A Lack, S D Lloyd and A A Wilson.

11.6	SUBJECT 5 Terry Road, Eastwood (LOT 3 DP 16716) (Lachlan Macquarie Ward) DESCRIPTION Section 96(1A) modification to an approved two storey attached dual occupancy development, including partial deletion of condition no. 72 which requires 600mm of lattice screening surmounted on top of the 1.8m high timber fence along the eastern boundary. REFERENCE DA/895/2004/B - submitted 18 August 2010 APPLICANT/S Mr J P Singh & Mrs D Kaur OWNERS Mr J P Singh & Mrs D Kaur 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.
	RESOLVED (Bide/Garrard)
11856	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 condition No.72 of the development consent for Development Application No. DA/895/2004 deleting the requirement to provide 600mm of lattice screening along the eastern boundary fence.
	DIVISION The result being: AYES The Lord Mayor, Councillor J Chedid and Councillors P B Barber, A Bide, G J Elmore, P Esber, J D Finn, P J Garrard, M A Lack, C X Lim, S D Lloyd and M D McDermott. NOES Councillor A A Wilson.

11.7

SUBJECT 94 Alfred Street Rosehill NSW 2142 (Lot B DP 392539)

DESCRIPTION Conversion of existing two storey fibro clad dwelling into an 8 bedroom boarding house for up to 12 lodgers

REFERENCE DA/393/2010 - 19 May 2010

APPLICANT/S Mr Shekmar Prasad Maharaj

OWNERS Mr SP Maharaj, Mrs LN Maharaj, KN Sharma

REPORT OF Manager Development Services. Also Group Manager Outcomes and Development Memorandum dated 30 September 2010.

REASON FOR REFERRAL TO COUNCIL

The application has been referred to Council as it seeks approval for the conversion of a dwelling to a Boarding House.

MOTION (Bide/Esber)

(a) That Council as the consent authority grant development consent to Development Application No. 393/2010 for Conversion of existing two storey fibro clad dwelling into an 8 bedroom boarding house for up to 10 lodgers. Determination subject to the conditions contained within Attachment 1

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

The motion was put and lost.

FURTHER

MOTION (Chedid/Lloyd)

(a) That the application be refused on the following grounds:-

1. There is a need to protect the local neighbourhood from such developments;

2. There is a lack of infrastructure in the area;

3. The proposal is inappropriate in a residential street;

4. There is a lack of public transport in the area;

5. The application does not comply with the Affordable Housing SEPP.

(b) That Council take the appropriate legal action against the owners for the unauthorised use of the premises.

11857

The further motion was put and carried.

DIVISION The result being:

AYES The Lord Mayor, Councillor J Chedid and Councillors P B Barber, A Bide, G J Elmore, P Esber, P J Garrard, M A Lack, C X Lim, S D Lloyd, M D McDermott and A A Wilson.

NOES None.

NOTE: 1 The Deputy Lord Mayor, Councillor M D McDermott assumed the Chair to enable the Lord Mayor, Councillor J Chedid to move a motion and participate in debate on this issue.

2 Councillor J D Finn had previously declared a pecuniary interest in relation to this matter, as Councillor Finn resides across the road from the subject development and temporarily left the meeting during consideration and voting on this matter.

3 The Lord Mayor returned to the Chair prior to voting on this issue.

11.8	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. Also Senior Development Assessment Memorandum dated 11 October 2010. 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 redevelopment of the adjoining site to the east for the purposes of a 307 seat place of public worship (with 5 dwelling units above) and having regard to the cumulative impact of these 2 proposed developments in relation to traffic generation and parking provision.
	RESOLVED (Esber/Lloyd)
11858	(a) That Council accepts the provision of 13 additional carparking spaces, provided that the ground floor of the premises (if approved) is used solely for commercial purposes, unless further development consent is obtained. (b) That Council, pursuant to Section 377 of the Local Government Act 1993, delegate to the Chief Executive Officer, the authority to determine Development Application Ref. DA/723/2009 for the 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 at No.s 121 – 129 Railway Parade, Granville upon receipt of additional stormwater plans and subsequent assessment and concurrence by Railcorp and Council’s Development Engineer and Traffic and Transport Engineer. (c) Further, that the objectors be advised of Council’s decision.
	DIVISION The result being: AYES The Lord Mayor, Councillor J Chedid and Councillors P B Barber, A Bide, G J Elmore, P Esber, J D Finn, P J Garrard, M A Lack, C X Lim, S D Lloyd, M D McDermott and A A Wilson. NOES. None.

11.9

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. Also Development Assessment Officer Memorandum dated 8 October 2010.

REASON FOR REFERRAL TO COUNCIL

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

MOTION (Esber/Bide)

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

‘A monetary contribution of $14 500 shall be paid to Council prior to the demolition of the dwelling. ’

Reason: To ensure that the development addresses the objectives of the Affordable Rental Housing SEPP (2009).

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

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

The motion was put and lost.

FURTHER

MOTION (McDermott/Finn)

That the application be refused on the following grounds:-

1 The premises is a heritage listed property which Council considers needs to be preserved.

2 A development application has not been lodged for the future use of the site.

3 Further, this Council does not reward demolition by neglect.

11859

The further motion was put and carried.

DIVISION The result being:

AYES The Lord Mayor, Councillor J Chedid and Councillors P B Barber, G J Elmore, J D Finn, P J Garrard, M A Lack, C X Lim, S D Lloyd, M D McDermott and A A Wilson.

NOES. Councillors A Bide and P Esber.

Notices of Motion

12.1	SUBJECT Naming of Alan Hayes Pavilion at Dundas Park REFERENCE F2004/10315 - D01676473 REPORT OF Councillor M D McDermott
	RESOLVED (Esber/Lloyd)
11860	(a) That the sporting pavilion building at Curtis Oval within Dundas Park Dundas be named the Alan Hayes Pavilion. (b) That the Alan Hayes Pavilion be signposted accordingly with the new name following consultation with the Dundas United Sports and Recreation Club. The cost of the signage to be funded from Parks Improvement Project 13535. (c) That consultation be held with the Hayes family, Dundas United Sports and Recreation Club, and interested councillors to determine a suitable date for a small function to be held at Curtis Oval to recognise the formal naming of the pavilion building as a tribute to the late Alan Hayes. (d) Further, that the Hayes family and Dundas United Sports and Recreation Club be advised of Council’s decision.
	NOTE: The Deputy Lord Mayor, Councillor M D McDermott had previously declared a non pecuniary interest in relation to this matter as Councillor McDermott is a member of the Dundas United Sports and Recreation Club. Councillor McDermott remained in the Chamber but took no further part in debate or discussion on this matter.

CLOSED SESSION

11861

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(s) of the Local Government Act, 1993 as the item listed comes within the following provisions:-

1 Legal Matters Monthly Report to Council. (D01674477) - This report is confidential in accordance with section 10A (2) (g) of the Local Government act 1993 as the report contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

RESUMPTION OF MEETING

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

13.1

SUBJECT Legal Matters Monthly Report to Council

REFERENCE F2004/07898 - D01674477

REPORT OF Acting Manager Development Services Unit

RESOLVED (Garrard/Lim)

11862

That the report be received and noted.

QUESTION TIME

SUBJECT IT Upgrade

REFERENCE F2008/04592

FROM Councillor Glenn Elmore

11863

Councillor Elmore requested that Councillors be updated via the Councillors Information Booklet on the present status of the IT upgrade.

SUBJECT Lord Mayoral Christmas Party

REFERENCE F2008/04592

FROM Councillor Pierre Esber

11864

Councillor Esber asked that Councillors be advised when and where the Lord Mayoral Christmas party will be held this year.

The Lord Mayor advised that he would provide a memorandum to all Councillors in the near future.

SUBJECT Kerb and Gutter in Kleins Road, Northmead

REFERENCE F2008/04592

FROM Councillor Julia Finn

11865

Councillor Finn advised that a complaint had been received from a constituent concerning the condition of the kerb and gutter recently installed along Kleins Road, Northmead, north of Briens Road. Apparently the works contain no expansion joints and have already begun to crack.

The Group Manager Outcomes and Development advised that similar concerns had been raised with Council staff and apparently the constituent’s issues have now been resolved.

Ms Weatherley added, however, that arrangements would be made for the Group Manager City Services to provide Councillors with an update on this issue.

SUBJECT Bus Transit Lane in North Parramatta

REFERENCE F2008/04592

FROM Councillor Chiang Lim

11866

Councillor Lim referred to recent changes in Church Street, North Parramatta, north of Pennant Hills Road, to accommodate the bus transit lane and requested that an update be provided to Councillors on how traffic will interact between Church, Factory and O’Connell Streets.

SUBJECT Memorials in Parramatta

REFERENCE F2008/04592

FROM Councillor Chiang Lim

11867

Councillor Lim noted the number of memorials, particularly military memorials, located across the Parramatta Local Government Area and requested that a calendar be provided to Councillors indicating when the anniversaries for each memorial are celebrated.

Councillor Lim expressed concern that certain memorials were not being celebrated and further, that some of the memorials, particularly in South Granville, were being neglected.

SUBJECT Excellent Response to Service Requests

REFERENCE F2008/04592

FROM Councillor Andrew Bide

11868

Councillor Bide commended the Council staff on the quality and speed of responses given to issues raised via service requests.

SUBJECT Cyclist Safety - Intersection of Oakes Road and Barnetts Road, Winston Hills

REFERENCE F2008/04592

FROM Councillor Scott Lloyd

11869

Councillor Lloyd advised that the road crossing on Barnetts Road, Winston Hills near Oakes Road creates a safety concern for cyclists due to the restricted sight distance available.

Councillor Lloyd requested that this matter be investigated.

SUBJECT Access Publication

REFERENCE F2008/04592

FROM Councillor Paul Garrard

11870

Councillor Garrard sought confirmation that the Access Publication would not be produced for the November quarter as Council had withdrawn finance.

The Group Manager Outcomes and Development advised that Council, in giving consideration to the Economic Development Rate, had resolved to hold a workshop and any spending had been deferred pending the holding of the subject workshop.

Councillor Garrard advised that the editorial for the publication needed to be produced in the very near future and added that Council had previously made commitments relating to this publication. He added that he did not consider that the Council’s decision to hold a workshop meant that ‘business as usual’ would not proceed.

The Chief Executive Office advised that Council would proceed with business pending the result the outcome of the workshop.

The Group Manager Outcomes and Development added that Council would honour any commitments given in respect of this matter.

The Lord Mayor noted that previously spending from the Economic Development Rate had been carried out under delegated authority and he was pleased that the elected body were now being given the opportunity to determine where monies would best be spent to promote the City.

NOTE: Councillors P B Barber and M Lack retired from the meeting during consideration of this matter at 9.27 pm.

The meeting terminated at 9.28 pm.

THIS PAGE AND THE PRECEDING 20 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON MONDAY, 11 OCTOBER 2010 AND CONFIRMED ON MONDAY, 18 OCTOBER 2010.

Lord Mayor