MINUTES OF THE Meeting of Parramatta City Council HELD IN THE Council Chambers, CIVIC PLACE, PARRAMATTA ON Monday, 8 November 2010 AT 6:48 pm

 

PRESENT

 

The Deputy Lord Mayor, Councillor M D McDermott in the Chair and Councillors P B Barber (retired 10.51pm), A Bide, G J Elmore, P Esber, J D Finn, P J Garrard, A Issa, OAM, M A Lack, C X Lim, S D Lloyd (arrived 6.49pm), P K Maitra and L E Wearne (arrived 6.49pm).

 

 

ACKNOWLEDGEMENT TO TRADITIONAL LAND OWNERS

 

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

 

 

MINUTES

 

 

SUBJECT          Minutes from the Council Meeting held on 18 October 2010

 

RESOLVED      (Esber/Maitra)

11898

 

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

 

Note

Councillors S D Lloyd and L E Wearne arrived at the meeting at 6.49pm during consideration of this matter.

 

 

 

APOLOGIES

 

RESOLVED (Barber/Garrard)

 

11899       That  apologies be received and accepted for the absence of The Lord Mayor, Councillor J Chedid and Councillor A Wilson.

 

Note

The Deputy Lord Mayor expressed the Chambers’ best wishes to the Lord Mayor and Family for a speedy recovery from his recent operation.  

 

DECLARATIONS OF INTEREST

 

1             Councillor P B Barber declared a interest in relation to Item            14.2 of  Notices of Motion regarding Fundraising for Richie Benaud's childhood home as Councillor Barber was a previous part owner of the subject property.

 

2             Councillor L E Wearne declared an interest in relation to Item 14.2           of  Notices of Motion regarding Fundraising for Richie Benaud's childhood home as Councillor Wearne was the solicitor involved in the property’s conveyancing

 

 

Public Forum

 

1

SUBJECT          Restrictions on Submissions

REFERENCE    F2004/06174 - D01725267

FROM                 Mr B Berry

 

“Lord Mayor, I want to be sure that I will receive a satisfactory response to this submission by pointing out that I am conforming to the restrictions that have been imposed on me. I hope that the response will be full and open, covering all questions and statements and that it will produce the “improved outcomes” which the CEO confidently says will be the result to the restrictions (Advertiser, 3 November):- 

 

  • I have limited myself to a single issue (the restrictions).
  • I have not already used up the two contacts per month that I am allowed.
  • I have not exceeded the prescribed 3 pages.
  • My typing is not less than 10 point font. It is in 12 point, as usual.
  • I have listed and numbered the items to be addressed at the beginning of my submission even thought this is wasteful of the limited space allowed to me, as well as being inconvenient to me and, I believe, to Council.

 

  1. Monopolising and abusing public forum
  2. Repetitive questions, week in, week out
  3. A burden on staff efficiency
  4. What am I am costing Council
  5. No restrictions around me…,just a “structure”
  6. Retrospective restrictions
  7. Extended restrictions?
  8. Number and length of my letters
  9. Opportunity to co-operate
  10. Involvement of the Ombudsman

 

  1. I have been accused, in public, of monopolising and abusing public forum. My records show that I have spoken at public forum only 4 times this year, each time on different topics.

I am not aware of anyone being unable to use public forum because of me.

 

  1. If Council has evidence that I have repeatedly asked the same questions week in, week out, please provide it and also show where the questions were answered in the first place, or that they have been convincingly answered.

 

  1. If I have been a burden on staff efficiency, why is it that Council also claims that at the same time there has been a 64.2% improvement in staff efficiency?

 

Council’s current policy on the handling of enquiries is to respond within a fortnight. The Ombudsman has previously told me that I should allow up to 6 weeks for a response. Council’s resources are not under stress because of me or anyone else when it can maintain the fortnight policy. If it is under stress, it should change the policy instead of hampering me in my efforts to help it.

 

  1. If it is true that I have cost Council $40000, why not also consider the assistance I have provided by revealing wastage of resources through administrative error and such things as the need to employ a costly independent planning consultant and a solicitor because of questionable decision making, each of whom found that there was a case to be answered? Am I being blamed for these costs? What value does Council place on my submissions on a number of amended policies and codes, as well as new ones?

 

  1. In “one reply fits all” responses to my supporters, management says that there are no restrictions on me as far as submissions on development applications are concerned. However, this period of no restriction is only for the short period when the documents are on exhibition, usually a fortnight. Beyond there is, a “structure” has been built around me. Council cannot legally restrict me during the exhibition period.

 

  1. Council’s letter dated 25 August 10 reprimands me for not conforming to the restrictions in my letter of 23 August. I had personally lodged this letter with Council before I had received any notice of the restrictions. Only the first 3 pages of my letter were read.

 

  1. Even though there is a “structure” around me, I am assured that “legitimate concerns” and “serious issues” will be addressed, if reported. We are expected to be confident in Council’s interpretation of what is legitimate and serious while we watch all other matters being swept aside. It is very difficult to maintain this confidence when very senior management has expressed dissatisfaction with my requests for proof that claims made by its officers are correct.

It is made worse when the legal officer for Council ignores large parts of my letters on the grounds that I am only expressing my opinions. My “opinions” were facts or very firmly supported by fact.

 

  1. Despite the claimed demands on resources, staff have been able to count up all the letters I have written over the years and how long they are. It has been averaged out at 5.3 pages per letter and this was the figure given to the Advertiser (27 October). Yet, within a week the figure had risen to “more than six pages each” (CEO letter, Advertiser 3 November), but I had not written a letter during that time. 

 

Another figure given to the Advertiser is that so far this year I have sent “33 letters or one a week”. 33 letters over 43 weeks is not one per week. 

How many of these letters were submissions on DAs or other exhibited documents? How many of them were requests under the Local Government Act? I have no reason to believe any of these figures.

 

Most of my letters would be unnecessary if straight answers were given in the first place.

 

  1. Apart from a suggestion that I limit my letters to single issues, I was never given the opportunity to cooperate before the restrictions were inflicted on me.

 

  1. It is my understanding that Council did not discuss public forum with the Ombudsman, but the restrictions on me were extended to public forum. Why is this, especially when the Code of Meeting Practice, also, makes no mention of imposing these types of restrictions at public forum? 

 

The Ombudsman has made it clear to me that he offered only general advice to Council and that the decision to impose restrictions us at the discretion of Council, so why did Council go to the Ombudsman in the first place? I believe it has embarrassed itself. 

 

I notice that one of the key functions of the Ombudsman is to help agencies to act reasonably. I have about 420 signatures on a petition from local residents who believe that Council has been unreasonable.

 

Copies of the Ombudsman’s letter to me were distributed to the Councillors before I had received it. What is the explanation for this?”

 

 

RESPONSE from Legal Counsel, Maurice Doria

 

11900

“Thank you got your Public Forum this evening.

 

A more fulsome response to your public forum is under preparation and will be issued shortly.

 

In the meantime some of the comments made in your Public Forum merit an interim response.

 

·                    Monopolisation of Public Forum – You refer to accusations that you are monopolising and abusing public forum.  Council considers Public Forum as an important tool for having an open, public dialogue with stakeholders.  Council has made no such accusations against you.  Council recognises the right of every member of the public to make representations at Public Forum.  The preservation of your entitlement to make submissions at public forum is an example of how Council has expressly ensured that this valuable tool is preserved.

 

·                    Volume of communications – Council’s record reveal that for the period from 1 January 2005 until 29 July 2010 some 215 ‘communications’ have been received. These ‘communications’ span a wide range of topics and methods of communications including public forum and submissions to publicly exhibited items.   The deliberations about the ‘communication structure’ have been conducted on a holistic basis rather than focussing on ‘averages’ which you have identified in your public forum.  This volume of communications from a single source does not reflect Council’s experience with other constituents.

 

·                    Ombudsman – Council staff discussed the potential for a ‘communication structure’ with the Ombudsman in accordance with normal practice.  In fact, providing guidance on these topics is a key function of the Ombudsman.  To do otherwise would have been inconsistent with normal practice and opened up an opportunity for criticism.  It is for these reasons that Council staff sought guidance from the Ombudsman.  The Ombudsman provided Council staff with a copy of its letter dated 17 September 2010 to you.  As indicated above, Council considers communications with the public to be very serious and a topic worthy or sharing with the councillors.  Council cannot comment on the speed with which you receive communication from the Ombudsman.  

 

As stated earlier, a more fulsome communication will follow.”

 

 

 

PETITIONS

 

1

SUBJECT          Footpath safety in Garrard Street, Granville

REFERENCE    CMR2010/00054

FROM                 Residents of Garrard Street, Granville

 

RESOLVED      (Elmore/Lack)

11901

 

That the petition be received and noted and referred to the appropriate council officer for consideration as part of the PAMP list.

 

 

 

2

SUBJECT          Objection to DA/527/2010 - 106 Units at Cnr Albert and O'Connell Streets, North Parramatta

REFERENCE    DA/527/2010

FROM                 Mrs B Slattery and others

 

RESOLVED      (Lim/Lloyd)

11902

 

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

 

(b)       Further, that Council consider the erection of unsupported Development Signs for this development.

 

 

 

Rescission Motions

 

7.1

SUBJECT          Parramasala

REFERENCE    F2009/02982 - D01703248

REPORT OF      N/A

 

RESOLVED      (Barber/Lack)

11903

 

 

 “That the resolution of the Ordinary Council Meeting held on 18 October 2010, regarding, Parramasala namely:-

 

(a)       That Council notes the draft Constitution for Parramasala Ltd and the minor amendments proposed relating to appointment to Council Directors.

(b)       That Council agrees to become a Member of Parramasala Ltd.

(c)        That Council appoints three Directors of Parramasala Ltd being the Lord Mayor for the time, Councillor A Bide and the Chief Executive Officer for the time.

(d)       Further, that Council endorse the nomination of Councillors P J Garrard and P K Maitra as alternate Directors of Parramasala Ltd for both the Lord Mayor and Councillor Bide.

 

be and is hereby rescinded.” 

 

 

RESOLVED      (Barber/Lack)

11904

 

 

(a)   That Council notes the draft Constitution for Parramasala Ltd and the minor amendments proposed relating to appointment to Council Directors.

(b)   That Council agrees to become a Member of Parramasala Ltd.

(c)    That Council appoint three Directors of Parramasala Ltd being the Lord Mayor for the time, Councillor P K Maitra and the Chief Executive Officer for the time.

(d)   Further, that Council endorse the nomination of Councillor A Bide as an alternate Director of Parramasala Ltd for both the Lord Mayor and Councillor P K Maitra.

 

 

 

NOTE:       A rescission motion was lodged on this matter before the closure of the meeting.

 

Economy and Development

 

8.1

SUBJECT          Section 94A, Development Contribution - 40 Alice Street, Harris Park

REFERENCE    DA/884/2008/C - D01703747

REPORT OF      Group Manager Outcomes and Development

 

MOTION             (Esber/Issa OAM)

 

 

 

 

That Council defer for 12 months the Section 94A contribution as requested from the Maronite Catholic Parish of Our Lady of Lebanon, Harris Park and subject to a successful 12 month trial of the booking system, the fee would be waived.

 

 

FORESHADOWED MOTION      (Wearne/Lack)

That the Council not waive the Section 94A contribution as requested by the Maronite Catholic Parish of Our Lady of Lebanon, Harris Park.

 

 

 

 

11905

The foreshadowed motion was declared out of order as it was a direct negative to the initial motion.

 

The motion was put and carried.

 

 

NOTE:       A rescission motion was lodged on this matter before the closure of the meeting.

 

 

 

8.2

SUBJECT          Variations to Standards under SEPP 1

REFERENCE    F2009/00431 - D01704123

REPORT OF      Acting Manager Development Services Unit

 

RESOLVED      (Esber/Lim)

11906

 

That the report be received and noted.

 

 

 

 

8.3

SUBJECT          Unsupported Development

REFERENCE    F2004/06029 - D01706515

REPORT OF      Acting Manager Land Use and Transport Planning

 

MOTION             (Garrard/Lim)

 

 

That Council receive and note the report.

 

 

AMENDMENT   (Lack/Barber)

 

 

That the Unsupported Development Signs be removed from outside the completed properties upon occupation as per the list on page 2 of the report.

 

 

 

11907

The amendment was put and lost.

 

The motion was put and carried.

 

 

Environment and Infrastructure

 

9.1

SUBJECT          East Coast Fast Rail

REFERENCE    F2005/02301 - D01702366

REPORT OF      Senior Project Officer - Transport Planning. Also Memorandum from Senior Project Officer dated 8 November 2010 and Detailed Report from Senior Project Officer dated 4 November 2010

 

RESOLVED      (Esber/Elmore)

11908

 

(a)     That Council prepare a submission, based on this Council report, to the Federal Government seeking that Parramatta be considered as part of an East Coast High Speed Rail network.

 

(b)     That Council seek support from the NSW State Government, local State and Federal MPs, WSROC, Parramatta Chamber of Commerce, North Ryde/Macquarie Park Chamber of Commerce, local Councils (Penrith, Blacktown, The Hills and Ryde), Sydney Olympic Park Authority and Norwest Business Park.

 

(c)     Further, that Council be kept up to date with developments as appropriate.

 

 

ADJOURNMENT OF MEETING

 

 

In accordance with Council's decision of 23 October 2000 (Minute No 5712) the meeting adjourned at 8.41 pm for a period of 13 minutes.

 

 

RESUMPTION OF MEETING

 

 

The meeting resumed in the Council Chamber at 8.54 pm, there being in attendance The Deputy Lord Mayor, Councillor M McDermott and Councillors P B Barber, A Bide, G J Elmore, P Esber, J D Finn, P J Garrard, A Issa, OAM, M A Lack, C X Lim, S D Lloyd, P K Maitra and L E Wearne.

 

 

 

DEVELOPMENT APPLICATIONS TO BE BROUGHT FORWARD

 

Due to interested persons being present in the public gallery, Items 13.2 and 13.4 of Major Developments were brought forward and considered at this point in the meeting.

 

 

Reports - Domestic Applications

 

12.1

SUBJECT          16 Talbot Road, Guildford
(Lot B DP 332730) (Woodville Ward)

DESCRIPTION  Alterations and additions to to the rear of an existing heritage listed dwelling.

REFERENCE    DA/693/2010 - Submitted 30 August 2010

APPLICANT/S   Mr R L Margo

OWNERS           Mr R L Margo

REPORT OF      Manager Development Services

DATE OF            13 October 2010

REPORT                     

REASON FOR REFERRAL TO COUNCIL

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

 

 

RESOLVED      (Bide/Issa OAM)

11909

 

(a)     That Council as the consent authority grant development consent to Development Application No. DA/693/2010 for the alterations and additions to the rear of an existing heritage listed dwelling at 16 Talbot Road, Guildford for a period of five (5) years from the date on the Notice of Determination subject to conditions.

 

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

 

 

DIVISION       The result being:-

 

AYES:            The Deputy Lord Mayor Councillor M D McDermott and Councillors P B Barber, A Bide, G J Elmore, P Esber, J D Finn, P J Garrard, A Issa OAM, M A Lack, C X Lim, S D Lloyd, P K Maitra and L E Wearne

 

NOES:           Nil

 

 

 

 

12.2

SUBJECT          45 Good Street, Granville (Lot A DP 367628)

DESCRIPTION  Use of the vacant premises as a grocery store.

REFERENCE    DA/706/2010 - 3 September 2010

APPLICANT/S   B Piracha

OWNERS           Mr T B Thong

REPORT OF      Manager Development Services

DATE OF           8 October 2010

REPORT 

REASON FOR REFERRAL TO COUNCIL

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

 

 

RESOLVED      (Bide/Issa OAM)

11910

 

That Council as the consent authority grant development consent to Development Application No. 706/2010 for the use of the ground floor of the premises as a grocery store on land at 45 Good Street Granville subject to the following conditions:

 

 

DIVISION       The result being:-

 

AYES:            The Deputy Lord Mayor Councillor M D McDermott and Councillors P B Barber, A Bide, G J Elmore, P Esber, J D Finn, P J Garrard, A Issa OAM, M A Lack, C X Lim, S D Lloyd, P K Maitra and L E Wearne

 

NOES:           Nil

 

 

 

 

12.3

SUBJECT          32 Alfred Street, Granville
(COR Lot 2 Sec 5 DP 1250) (Elizabeth Macarthur Ward)

DESCRIPTION  Section 96(1A) application to modify a development consent for a terrace housing development over a basement carpark. The modifications include altering the design of the fencing, amending the external finishes, relocation of an OSD basin, addition of ventilation grills for the basement, and the addition of a second set of fire exit stairs from the basement

REFERENCE    DA/1204/2002/B - 25 August 2010

APPLICANT/S   DesignCorp Australia

OWNERS           Mr L G Raffoul and Mrs H E Raffoul

REPORT OF      Manager Development Services

DATE OF            22 October 2010

REPORT  

REASON FOR REFERRAL TO COUNCIL

The application is referred to Council as the original application for the demolition of the existing dwelling and the construction of terrace development over basement carparking was approved by Council on 16 December 2002.

 

 

RESOLVED      (Finn/Esber)

11911

 

That Council as the consent authority, modify development consent to Development Application No. 1204/2002 for the construction of a terrace development over basement carparking by amending the external finishes, relocation of an OSD basin, addition of ventilation grills for the basement, the addition of a second set of fire exit stairs from the basement at 32 Alfred Street Granville and no approval is granted to the proposed changes in fencing.

 

 

DIVISION       The result being:-

 

AYES:            The Deputy Lord Mayor Councillor M D McDermott and Councillors P B Barber, A Bide, G J Elmore, P Esber, J D Finn, P J Garrard, A Issa OAM, M A Lack, C X Lim, S D Lloyd, P K Maitra and L E Wearne

 

NOES:           Nil

 

 

Reports - Major Applications

 

13.1

SUBJECT          357 Kissing Point Road, Ermington (COR LOTS 4/5 DP 216536 SPL COR) (Lachlan Macquarie Ward)

DESCRIPTION  Tree removal, alterations to the existing dwelling and the construction of an additional 2 storey dwelling on the site to create a detached dual occupancy development with Torrens Title subdivision.

REFERENCE    DA/241/2010 - Submitted 30 March 2010

APPLICANT/S   Mr T Lawandi

OWNERS           Mr T Lawandi and Ms N Tawfik

REPORT OF      Manager Development Services

DATE OF           14 October 2010

REPORT  

REASON FOR REFERRAL TO COUNCIL

The application has been referred to Council as 7 submissions were received.

 

 

RESOLVED      (Garrard/Lim)

11912

 

(a)       That Council as the consent authority grant development consent to Development Application No. 241/2010 for tree removal, alterations to the existing dwelling and the construction of an additional 2 storey dwelling on the site to create a detached dual occupancy development with Torrens Title subdivision on land at 357 Kissing Point Road, Ermington subject to the conditions contained within Attachment 1 with the following amendment to condition 10:-

“The existing retaining walls located along the Edna Street frontage and along the western boundary are to be reconstructed to either brick or concrete so as to ensure their structural adequacy. Certification that the new retaining walls are structurally adequate is to be prepared by a qualified structural engineer and submitted to the satisfaction of the Principle Certifying Authority prior to the issue of an Occupation Certificate.”

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

 

 

DIVISION       The result being:-

 

AYES:            The Deputy Lord Mayor Councillor M D McDermott and Councillors P B Barber, A Bide, G J Elmore, P Esber, J D Finn, P J Garrard, A Issa OAM, M A Lack, C X Lim, S D Lloyd, P K Maitra and L E Wearne

 

NOES:           Nil

 

 

 

 

13.2

SUBJECT          51A-53 High Street, Harris Park

DESCRIPTION  Demolition of two single storey dwelling houses and the construction of a four storey mixed use building containing 23 dwelling units, ground floor commercial space and basement parking for 24 cars and Strata Subdivision

REFERENCE    DA/596/2010 - lodged 28th July, 2010

APPLICANT/S   Northcore Pty Ltd

OWNERS           Mr Z Li

REPORT OF      Manager Development Services

date of            14 October 2010

report 

REASON FOR REFERRAL TO COUNCIL

This application is brought to Council for determination due to the Clause 24 variation in excess of 10% sought in respect of the carparking rate prescribed by Clause 22C of Parramatta City Centre LEP 2007.

 

 

RESOLVED      (Bide/Elmore)

11913

 

(a)      That Council as the consent authority grant development consent to         Development Application No. 596/2010 for demolition and the construction of a        4 storey mixed use development containing 23 dwellings, ground floor        commercial space over basement carparking with Strata Subdivision at 51A-53       High Street, Parramatta for a period of five years from the date on the Notice of         Determination subject to the following conditions contained within Attachment      1. 

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

 

 

DIVISION       The result being:-

 

AYES:            The Deputy Lord Mayor Councillor M D McDermott and Councillors P B Barber, A Bide, G J Elmore, P Esber, J D Finn, P J Garrard, A Issa OAM, M A Lack, C X Lim, S D Lloyd, P K Maitra and L E Wearne

 

NOES:           Nil

 

 

 

 

13.3

SUBJECT          46 Marion Street, Harris Park (Lot 24 Section 1 in DP 395) (Elizabeth Macarthur Ward)

DESCRIPTION  Alterations and additions and occupation of a heritage item as an 84 seat restaurant with trading hours of 7.00am to 10.30pm Monday to Thursday and 7.00am to midnight Friday to Sunday.

REFERENCE    DA/587/2010 - submitted 23 July, 2010

APPLICANT/S   Con Michaels

OWNERS           Penelope Tarros

REPORT OF      Manager Development Services

DATE OF            7 October 2010

REPORT 

REASON FOR REFERRAL TO COUNCIL

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

 

 

RESOLVED      (Finn/Esber)

11914

 

(a)       That Council as the consent authority grant development consent to Development Application No. 587/2010 for alterations and additions and the change of use of the building to a restaurant at 46 Marion Street, Harris Park for a period of five years from the date on the Notice of Determination subject to the following conditions contained in Attachment 1 together with the following conditions:-

1.  The tessellated tiled veranda be retained;

2.  The French doors and shutters be retained and that there be no additional security screening;

3. The screen for front yard be constructed as a temporary structure that can be easily removed from the heritage building.

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

 

 

DIVISION       The result being:-

 

AYES:            The Deputy Lord Mayor Councillor M D McDermott and Councillors P B Barber, A Bide, G J Elmore, P Esber, J D Finn, P J Garrard, A Issa OAM, M A Lack, C X Lim, S D Lloyd, P K Maitra and L E Wearne

 

NOES:           Nil

 

 

 

 

13.4

SUBJECT          42A Crimea Street, South Parramatta (Lot 10 in DP 939722) (Arthur Phillip Ward)

DESCRIPTION  Demolition of garage and construction of a two storey boarding house containing 12 boarding rooms accommodating a maximum of 15 lodgers and on-site manager's accommodation.

REFERENCE    DA/250/2010 - lodged 1st April, 2010

APPLICANT/S   N White

OWNERS           R & A Afshar

REPORT OF      Manager Development Services

DATE OF            7 October 2010

REPORT 

REASON FOR REFERRAL TO COUNCIL

The application is brought to Council for determination due to the proposal involving a boarding house and due to the number of objections received.

 

 

RESOLVED      (Barber/Finn)

11915

 

(a)       That Council as the consent authority refuse to grant development consent to Development Application No. 250/2010 for the construction of a two storey boarding house, with a maximum occupancy of 15 residents, on land at 42A Crimea Street, South Parramatta, for the following reasons:-

1.         The proposal does not comply with heritage controls for single storey scale, side driveway access to a garage in backyard, front fence width in Parramatta Heritage Development Control Plan 2001.

2.         The proposal does not satisfy objectives (a), (c), (d) and (f) in Clause 2 of Parramatta Local Environmental Plan 1996 (Heritage & Conservation).

3.         The proposal does not satisfy objectives (b) and (c) of Development in the 2B Residential Zone in Clause 16 of Parramatta Local Environmental Plan 2001; and

4.         The proposal does not comply with Clause 29(2(b) – Landscaped Area, State Environmental Planning Policy (Affordable Rental Housing) 2009.

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

 

 

DIVISION       The result being:-

 

AYES:            The Deputy Lord Mayor Councillor M D McDermott and Councillors P B Barber, A Bide, G J Elmore, P Esber, J D Finn, P J Garrard, A Issa OAM, M A Lack, C X Lim, S D Lloyd, P K Maitra and L E Wearne

 

NOES:           Nil

 

 

 

 

13.5

SUBJECT          74-76 Rawson Street Epping (Lots 101-103 DP1095663) (Lachlan Macquarie Ward)

DESCRIPTION  Use of 73 car spaces within basement level 1 of the Genesis building as a car parking station.

REFERENCE    DA/614/2010 - Submitted 2 August 2010

APPLICANT/S   Mr Victor Nudler

OWNERS           Crown International Consortium Pty Ltd and the owners of SP76706

REPORT OF      Manager Development Services

DATE OF            20 October 2010

REPORT

REASON FOR REFERRAL TO COUNCIL

The application has been referred to Council because it is the first development application for paid commercial parking in the Epping Commercial Centre.

 

 

RESOLVED      (Elmore/Esber)

11916

 

(a)       That Council grant a deferred commencement development consent to Development Application No. DA/614/2010 for the use of 73 car parking spaces within basement level 1 of the Genesis building (74-76 Rawson Street Epping) as a car parking station in accordance with the conditions of consent outlined in Attachment 1.

 

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

 

 

DIVISION       The result being:-

 

AYES:            The Deputy Lord Mayor Councillor M D McDermott and Councillors P B Barber, A Bide, G J Elmore, P Esber, J D Finn, P J Garrard, A Issa OAM, M A Lack, C X Lim, S D Lloyd, P K Maitra and L E Wearne

 

NOES:           Nil

 

 

 

 

13.6

SUBJECT          2-6 Howard Avenue & 8-22 Briens Road, Northmead (Lot 24 DP 15342, Lot 25 DP 15342, Lot 26 DP 15342, Lot 81 DP 522031, Lot 37 DP 238172, Lot 36 DP 238172, Lot 35 DP 238172, Lot 34 DP 238172, Lot 33 DP 238172, CP SP 80762)   (Arthur Phillip Ward)

DESCRIPTION  Development Application to alter vehicular access arrangements to three separate developments

REFERENCE    DA/197/2010 - submitted 16th March, 2010

APPLICANT/S   Greg Ritchie & Partners Pty Ltd

OWNERS           Northmead Projects Pty Ltd; H & N Holdings; Platinum Properties NSW SP 80762

REPORT OF      Manager Development Services

DATE OF            14 October 2010

REPORT

REASON FOR REFERRAL TO COUNCIL

The proposal relates to three separate, but adjacent, development sites and increases traffic flow in Howard Avenue as a result of eliminating direct access on and off Briens Road.

 

 

RESOLVED      (Esber/Maitra)

11917

 

(a)      That Council as the consent authority grant development consent to Development Application No. 197/2010 for the consolidation of the carparking levels at 2-6 Howard Avenue and 8-22 Briens Road, Northmead for a period of five years from the date on the Notice of Determination subject to the conditions contained in Attachment 1.

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

 

 

DIVISION       The result being:-

 

AYES:            The Deputy Lord Mayor Councillor M D McDermott and Councillors P B Barber, A Bide, G J Elmore, P Esber, J D Finn, A Issa OAM, M A Lack, C X Lim, S D Lloyd, P K Maitra and L E Wearne

 

NOES:           Nil

 

 

NOTE:       Councillor P J Garrard left the meeting at 9.05 pm during consideration of this matter.

 

 

 

 

13.7

SUBJECT          124-130 Kissing Point Road, Dundas
Lots 1 & 2 DP 455476, Lot 3 DP 656064 & Lot 1 DP 705877 (Elizabeth Macarthur Ward)

DESCRIPTION  Construction of 2 x 2 storey buildings containing a total of 18 residential units over basement carparking under SEPP (Affordable Rental Housing) 2009.

REFERENCE    DA/460/2010 - Submitted 15 June 2010

APPLICANT/S   Gus Fares Architects Pty Ltd

OWNERS           Medco Petroleum Pty Limited

REPORT OF      Manager Development Services. Also Memorandum form Senior Development Assessment Officer dated 5 November 2010

DATE OF           26 October 2010

REPORT  

REASON FOR REFERRAL TO COUNCIL

The application has been referred to Council as the application is the 1st infill affordable housing development to be considered by Council under SEPP (Affordable Rental Housing) 2009.

 

 

MOTION              (Issa OAM/Bide)

 

 

That Council as the consent authority grant development consent to Development Application No. 460/2010 for the construction of 2 x 2 storey buildings containing a total of 18 residential units over basement car parking under SEPP (Affordable Rental Housing) 2009 on land at 124-130 Kissing Point Road, Dundas subject to the conditions contained within Attachment 1. 

 

 

AMENDMENT   (Wearne/Esber)

 

 

That the matter be deferred to the next Council (Development) Meeting on 6 December 2010 for staff to provide a further report with possible grounds for refusal. 

 

11918

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

 

 

DIVISION       The result being:-

 

AYES:            The Deputy Lord Mayor, Councillor M D McDermott and Councillors G J Elmore, P Esber, J D Finn, C X Lim, P K Maitra and L E Wearne

 

NOES:           Councillors P B Barber, A Bide, P J Garrard, A Issa OAM, M A Lack and S D Lloyd

 

 

 

NOTE:     1.        The Chamber elected Councillor S D Lloyd to assume the Chair to enable the Deputy Lord Mayor, Councillor M D McDermott to participate in debate of this issue.

 

2.         Councillor P J Garrard returned to the meeting at 9.08 pm during consideration of this matter.

 

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

 

 

Notices of Motion

 

14.1

SUBJECT          Advertising

REFERENCE    F2004/08909 - D01692995

REPORT OF      Councillor A Bide

 

MOTION              (Bide/Lim)

 


(a)     That the CEO prepare a report returnable within one month on:-

1.             How Parramatta City Council advertising is structured;

2.             How the advertising is allocated to local newspapers;

3.             How information delivery is targeted;

4.             What triggers cause a major broadsheet newspaper to be used;

5.             Provide Council with suggestions and alternatives to gain best value for the ratepayers of Parramatta LGA;

6.             What policy, if any exists to access communities such as the vision impaired and those where English is not the first language;

7.             What opportunities and arrangements are there to advertise electronically using the internet and community newsletters where cost savings may be achieved;

8.             Produce to Council for inspection all contracts or summaries thereof in existence at the present time for the provision of advertising or like services;

(b)      That Council resolve to honour all existing contracts for advertising and short term arrangements but enter into no new contracts until the report has reached the Council for consideration and an opportunity to review this area of expenditure has been completed.

(c)       Further, that the report be submitted to Open Council but any contractual information be brought back to the Chamber in Closed Session.

 

 

AMENDMENT   (Finn/Esber)

 

 

That no further action be taken on this matter.

 

11919

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

 

 

NOTE:       A rescission motion was lodged on this matter before the closure of the meeting.

 

 

 

14.2

SUBJECT          Fundraising for Richie Benaud's childhood home

REFERENCE    DA/533/2010 - D01702180

REPORT OF      Councillor C X Lim

 

MOTION             (Lim)

 

 

(a)   That Council initiate a committee of interested Councillors, Council staff, community and corporate representatives and to investigate viable fundraising strategies and options for the purposes of purchasing the former childhood home of Richie Benaud on 5 Sutherland Street, North Parramatta, in order for it to become an appropriate cricket museum, by way of an independent trust entity.

 

(b)   That this committee invite involvement and seek practical assistance and financial support from the Federal Government, NSW State Government, Cricket Australia, Channel 9, ESPN, the Parramatta District Cricket Club, the National Heritage Trust, and any other organisations, individuals or corporate supporters from across Australia as well as from other cricket loving countries.

 

(c)   That this independent committee provide a report to Council with its proposals and recommendations, including the possibility of a national and international lottery, grants, direct and on-line donations strategies, memberships, sponsorships, endowments, and fundraising events.

 

(d)   Further, that this initiative not incur any financial cost to Council.

 

 

The motion lapsed due to want of a seconder.

 

 

NOTE:      1.       Councillors P B Barber (as a former owner of the site) and L E Wearne (as a solicitor involved in the conveyancing of the property) declared an interest in this matter and temporarily retired from the meeting during consideration and voting on this issue.

2.      Councillor P J Garrard left the meeting at 10.03 pm during consideration of this matter.

 

 

 

14.3

SUBJECT          Long Term Financing

REFERENCE    F2009/00971 - D01705232

REPORT OF      Councillor A A Wilson

11920

RESOLVED      (Bide/Lloyd)

 

That consideration of this matter be deferred until the next Council Meeting.

 

 

 

  SUSPENSION OF STANDING ORDERS

 

11921        RESOLVED       (Finn/Barber)

 

That Standing Orders be suspended to enable an urgent motion to be considered in relation to the shortfall in funding for the Loy Krathong Festival.

 

The Deputy Lord Mayor ruled that the matter was one of urgency.

 

1

SUBJECT          Shortfall in Loy Krathong Funding

REFERENCE    F2009/01173

FROM                 Councillor J D Finn

 

RESOLVED      (Finn/Barber)

11922

 

(a)    That Council fund the $7,000 shortfall for Loy Krathong 2010.

(b)    That Council the hold a flag raising ceremony to commemorate Thai National Day – the King of Thailand’s birthday for 2010.

(c)     Further, that an appropriate account be identified and the variation be incorporated in to the next the Quarterly Review.

 

 

NOTE:        1.              Councillor P J Garrard returned to the meeting at 10.12 pm during consideration of this matter.

 

 2.              Councillor A Bide requested his name be recorded as having voted against this decision.

 

 

RESUMPTION OF STANDING ORDERS

 

 

11923        RESOLVED       (Esber/Wearne)

 

 

That Standing Orders be resumed.

 

 

 

CLOSED SESSION

 

11924

RESOLVED      (Issa OAM/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 items listed come within the following provisions:-

 

1       Report on Relocation of Operations Centre. (D01702681) - This report is confidential in accordance with section 10A (2) (d) of the Local Government Act 1993 as the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

2       Draft Voluntary Planning Agreement 9 Hassall Street, Parramatta. (D01703516) - 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.

3       Legal Matters Monthly Report to Council. (D01704128) - 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.

4       Union Matters. This advice is confidential in accordance with section 10A (2) (a) of the Local Government Act 1993 as the advice contains personnel matters.

NOTE:                 Councillor P B Barber retired from the meeting at 10.51pm during Closed Session.

 

 

RESUMPTION OF MEETING

 

 

 

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

 

 

Closed Session

 

15.1

SUBJECT          Report on Relocation of Operations Centre

REFERENCE    F2008/02904 - D01702681

REPORT OF      Property Development Advisor

 

RESOLVED      (Esber/Issa OAM)

11925

 

(a)        That Council approve the submission of an Expression of Interest in a joint submission for a price up to the figure recommended in the memo to Councillors together with 50% of the cost of the access corridor up to the cap recommended in the memo.

(b)       That if the bid is unsuccessful and the opportunity arises for Council to meet its objectives with the successful bidder then Council officers are authorised to negotiate on the same terms with the successful bidder.

(c)        That if successful Council approve the delegation of authority to the Chief Executive Officer to authorise and sign all relevant documents relating to this acquisition.

(d)       Further, that this approval extends to land acquisition only and a further report will be presented to a future meeting of Council to outline and seek approval for any further proposal for improvements or disposal of existing sites referred to in the report.

 

 

 

 

15.2

SUBJECT          Draft Voluntary Planning Agreement 9 Hassall Street, Parramatta

REFERENCE    DA/848/2008/A - D01703516

REPORT OF      Acting Manager Land Use and Transport Planning

 

RESOLVED      (Garrard/Issa OAM)

11926

 

(a)      That Council proceed with negotiations for a Voluntary Planning Agreement (VPA) in relation to a proposed mixed use development at 9 Hassall Street, Parramatta.

(b)       That delegated authority be given to the CEO of Council to negotiate the VPA on behalf of Council and report back with a recommendation for approval or otherwise of the VPA.

(c)        That the draft VPA be publicly exhibited at an appropriate stage prior to being reported back to Council.

(d)       Further, that the assessment by Council staff of the development application and the proposed VPA negotiation   be kept separate and independent processes. 

 

 

 

 

15.3

SUBJECT          Legal Matters Monthly Report to Council

REFERENCE    F2004/07898 - D01704128

REPORT OF      Acting Manager Development Services Unit

 

RESOLVED      (Esber/Lack)

11927

 

That the report be received and noted.

 

 

 

 

15.4

SUBJECT          Update on Unions

REFERENCE    F2008/04592

FROM                 The Chief Executive Officer

 

 

NOTE:      The comments made during Closed Session were noted.

 

 

 

RESCISSION MOTIONS

 

 

The Deputy Lord Mayor, Councillor M D McDermott advised that Notice of Motions to rescind the following items had been received before the close of the meeting. They were ruled not urgent and will be listed at the next Council Meeting:-

 

1       Item 7.1 of Rescission Motions regarding Parramasala (Minute No 11904 refers) signed by Councillors P J Garrard, S D Lloyd and A Issa, OAM.

 

2       Item 8.1 of Economy and Development regarding Section 94A, Development Contribution - 40 Alice Street, Harris Park (Minute No 11905 refers) signed by Councillors P J Garrard, L E Wearne and M A Lack.

 

3       Item 14.1 of Notices of Motion regarding Advertising (Minute No 11919 refers) signed by Councillors A Bide, C X Lim and S D Lloyd.

 

The meeting terminated at 11.06 pm.

 

THIS PAGE AND THE PRECEDING 21 PAGES ARE THE MINUTES OF THE COUNCIL (DEVELOPMENT) MEETING HELD ON MONDAY, 8 NOVEMBER 2010 AND CONFIRMED ON MONDAY, 22 NOVEMBER 2010.

 

 

 

 

 

Lord Mayor