Agenda of Council - 13 December 2010

COUNCIL CHAMBERS

The Lord Mayor Clr John Chedid – Elizabeth Macarthur Ward

Dr. Robert Lang, Chief Executive Officer - Parramatta City Council

Sue Coleman – Group Manager City Services			Assistant Minutes Clerk – Joy Bramham
Greg Smith – Group Manager Corporate			Minutes Clerk – Grant Davies
Sue Weatherley–Group Manager Outcomes & Development

Clr Paul Barber – Caroline Chisholm Ward			Clr Lorraine Wearne - Lachlan Macquarie Ward
Clr Mark Lack – Elizabeth Macarthur Ward			Clr Paul Garrard - Woodville Ward
Clr Glenn Elmore – Woodville Ward			Clr Scott Lloyd – Caroline Chisholm Ward
Clr Pierre Esber– Lachlan Macquarie Ward			Clr Andrew Wilson – Lachlan Macquarie Ward
Clr Prabir Maitra – Arthur Phillip Ward			Clr Andrew Bide – Caroline Chisholm Ward
Clr Julia Finn – Arthur Phillip Ward	Clr Michael McDermott, Deputy Lord Mayor - Elizabeth Macarthur Ward	Clr Antoine (Tony) Issa, OAM – Woodville Ward	Clr Chiang Lim– Arthur Phillip Ward

Staff

GALLERY

Council 13 December 2010

TABLE OF CONTENTS

ITEM SUBJECT PAGE NO

1 CONFIRMATION OF MINUTES Council (Development) - 6 December 2010

2 APOLOGIES

3 DECLARATIONS OF INTEREST

4 Minutes of Lord Mayor

5 Public Forum

6 PETITIONS

7 COUNCIL MATTERS TO BE ADOPTED WITHOUT DISCUSSION

Note: Council resolved at the meeting on 22 November 2010 to undertake a trial period of 24 months where each item would be dealt with individually. This agenda item will be removed from agendas commencing in the New Year.

8 Economy and Development

8.1 53 Phillip Street Parramatta

8.2 10 Lackey Street, South Granville
Lot 21 DP 192747 (Woodville Ward)

8.3 163-165 George Street, Parramatta
(Lot 1 DP 78716, Lot 1 DP 113513 & Lot 1 DP 650704, Lot 3 DP 10735)

8.4 3 Mahony Road, Wentworthville
(Lot 123 DP 12452) (Arthur Philip Ward)

8.5 10-12 Bowden Street, North Parramatta (Lot 33 in DP 7727) (Elizabeth Macarthur)

8.6 Prince Alfred Park, 353D Church Street, Parramatta NSW 2150 (Lot 1 DP 724837) (Arthur Phillip Ward)

8.7 21 Greens Avenue, Oatlands
(Lot 3 DP 31581) (Elizabeth Macarthur Ward)
(following registration of approved subdivision site wil be known as 19A Greens Avenue, Oatlands)

8.8 Planning Proposal and Voluntary Planning Agreement 2-12 River Road West, Parramatta

8.9 Draft Parramatta LEP 2010 - Consideration of submissions to re-exhibition.

8.10 Trial of Metereye Smart Parking products

9 Environment and Infrastructure

9.1 Trial Closure of Church Street for 3 Saturday nights in December 2010 between Phillip Street and Market Street

Note This matter was considered at the Council Meeting held on 22 November 2010 where it was resolved That consideration of this matter be deferred pending a meeting with the Local Area Commander and officials from the Roads and Traffic Authority. Further advice will follow via memorandum in relation to the proposed meeting.

9.2 Parramatta Cycleway Advisory Committee

9.3 Parramatta Traffic Committee Minutes held on 24 November 2010

9.4 Traffic Engineering Advisory Group minutes held on 24 November 2010

9.5 Upper Parramatta River Catchment Trust - Funding to Maintain Flood Mitigation Assets and Services.

10 Community and Neighbourhood

10.1 IT Community Capacity Building Project

Note This matter was deferred and further information will be forwarded via memorandum prior to the meeting.

10.2 Access Advisory Committee New Member Recommendations

11 Governance and Corporate

11.1 Request to Purchase Portion of Adjoining Road Reserve in Megan St Telopea

11.2 2011 Floodplain Management Conference - 22 - 25 February 2011 - Tamworth

11.3 Schedule of Council Meetings for 2011

11.4 Delegation of Authority to the Lord Mayor and Chief Executive Officer During the Christmas/New Year Period

11.5 Investments Report for October 2010

11.6 Renaming a small part of Grose Street, North Parramatta to Eels Place, North Parramatta

12 Notices of Motion

12.1 Healthy Communites

12.2 Energy and Water Efficiency Measures for Apartment Blocks

13 Closed Session

13.1 Lake Parramatta Reserve Kiosk Operation

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.

13.2 Report Required under section 339 of the Local Government Act 1993 in respect of contractual conditions of senior staff

This report is confidential in accordance with section 10A (2) (a) of the Local Government act 1993 as the report contains personnel matters concerning particular individuals.

13.3 Tender 26/2010 Parramatta Valley Cycleway – Stage 24 – Thackeray Street Bridge to Rydalmere Wharf - Construction of a Concrete Cycleway and Associated Civil and Landscape Works.

13.4 Tender No 24/2010 Supply and Delivery of Ready Mixed Concrete

13.5 Report on DA approval for the land at 23 Elizabeth Street Granville and the process for disposal of this asset

Note: This report will be forwared under separte cover

13.6 Tender 31/2010 - Parramatta River Estuary Study and Plan

14 DECISIONS FROM CLOSED SESSION

15 QUESTION TIME

Council 13 December 2010 Item 8.1

ECONOMY AND DEVELOPMENT

ITEM NUMBER 8.1

SUBJECT 53 Phillip Street Parramatta

REFERENCE F2010/01731 - D01693161

REPORT OF Property Program Manager

PURPOSE:

The report recommends Council to consider closing the pedestrian laneway at 53 Phillip Street Parramatta for sale to the adjoining property owner taking advantage of the opportunity that Council can maximise the value of the laneway land by negotiating a sale to this adjoining property owner who is the only party who can realise the development potential of the laneway land, along with open space improvements to Council land (Lot 49).

RECOMMENDATION

(a) That Council resolve to close permanently the pedestrian laneway at 53 Phillip Street Parramatta (Lot 2 DP 601592) and an application be made to the Department of Lands for road closure.

(b) That Council resolve to classify the land for the subject pedestrian laneway to operational upon formal road closure.

(c) That Council agree in principle selling the subject pedestrian laneway to the owner of 51 Phillip Street Parramatta subject to further report to the Council for approval on sale terms and price when sale negotiation is finalised.

(d) Further, that the Lord Mayor and Chief Executive Officer be authorised to execute under seal the linen plan, Section 88B instrument, transfer granting easement and deed of agreement if required for road closure.

BACKGROUND

(1) The Council has been approached for over a year by the owner of 51 Phillip Street Parramatta (the applicant) to negotiate sale of part or whole of the adjoining Council land at 49 and 53 Phillip Street Parramatta for combined redevelopment of the applicant’s property for a hotel.

(2) Currently the Council land at 49 Phillip Street is used for open space and the Council land at 53 Phillip Street is a pedestrian laneway. Both these land parcels are zoned “B3” Commercial Core on Council’s City Centre Local Environmental Plan and have a floor space ratio of 6:1 when consolidated with the applicant’s property.

(3) A concept hotel redevelopment proposal was submitted for consultation with the Council. After consultation with Council internal stakeholders, the following recommendation has been put forward among others for negotiation with the applicant:

49 Phillip Street – This is the only public open space available in Parramatta CBD and sale of this land parcel is not recommended. However the applicant may upgrade at his costs this open space in line with Council’s urban design strategy to complement the hotel development. Use of voluntary planning agreement has been suggested for the applicant to upgrade the open space and possibly use part of it for outdoor dining for the hotel.

53 Phillip Street – Council officers have no objection to closing this pedestrian laneway for sale to the applicant.

(4) The applicant has agreed in principle to purchase the laneway subject to terms of sale and price to be negotiated.

(5) For reference, a location plan showing the properties is attached. Also attached are drawings submitted by the applicant on the concept hotel development.

ISSUES/OPTIONS/CONSEQUENCES

(6) The subject pedestrian laneway was part of a larger parcel known as Lot 2 DP 200769 resumed by the Council in 1978 for road purpose. At the time of resumption, this larger land parcel was a private legal right of way providing access for adjoining properties known as 49 & 51 Phillip Street nowadays.

(7) In 1979, Lot 2 DP 200769 was subdivided to create the current laneway parcel (Lot 2 DP 601592).

(8) Accordingly a formal permanent road closure under Roads Act 1993 is required to remove the public road status of this land parcel. It is also necessary for the Council to classify this land parcel upon formal road closure to operational under the Local Government Act 1993 to facilitate sale.

(9) Services including Council storm water drain and Telstra phone lines are found within the pedestrian laneway. In addition, the pedestrian laneway provides access to the fire hydrant booster valve (the door of which opens onto the pedestrian laneway) of 55 Phillip Street. All these need to be protected by creation of easement prior to sale. Pedestrian use of this laneway will also be maintained by creation of an easement.

(10) Obviously such easements when created would preclude building development on the land for the laneway and have serious limit on sale value if sold for development on its own.

(11) Accordingly it is recommended that Council should consider selling the subject pedestrian laneway to the applicant for combined redevelopment to achieve the maximum sale value, as the applicant can take full advantage of floor space ratio available for the consolidated site to increase the floor space of building development on 51 Phillip Street.

(12) The other adjoining property at 55 Phillip Street is a strata titled property in separate ownership with no possibility for combined redevelopment with the subject laneway.

(13) On the basis of sale to the applicant, the value of the subject pedestrian laneway is considered to be in the vicinity of $650,000. A final sale price will be determined when the laneway is legally closed and the Council is in a position to sell.

(14) While the Council’s open space at 49 Phillip Street is not for sale, the applicant is prepared to negotiate an upgrade at his costs and to Council’s urban design requirements the Council open space to complement his hotel development. Use of voluntary planning agreement may be adopted to negotiate terms including additional floor space for the proposed hotel development.

CONSULTATION & TIMING

(15) The Council’s Development Services Unit, Urban Design Unit, Transport and Safety Unit and Catchment Management Unit have been consulted in the course of negotiation with the applicant.

SUMMARY

(16) In summary, the applicant has proposed to consolidate the Council land at 49 and 53 Phillip Street with his property at 51 Phillip Street for hotel redevelopment. The following major considerations on the proposal have been identified after meetings and discussions between the applicant and Council officers:

49 Phillip Street

(17) Sale of this Council land is not recommended, as this is the only open space land parcel available in the Parramatta CBD. This Council land parcel has the potential to establish a formal identity at Phillip Street for the Erby Place car park site when the time comes for its redevelopment. It also provides additional floor space for the Erby Place car park site when amalgamated for redevelopment. In this connection, the current rear access at Erby Place for 55 and 69 Phillip Street needs to be replaced by access from Horwood Place.

(18) This has been acknowledged by the applicant who now intends to negotiate with the Council to upgrade at his costs this open space to complement the hotel development including leasing part of the open space land if possible for outdoor dining use. Use of voluntary planning agreement has been suggested.

(19) Negotiation will be further progressed when applicant is able to make a decision to purchase the Council laneway to proceed with hotel development.

51 Phillip Street

(20) The concept hotel development proposal has been considered by Council officers and found to be deficient in areas of planning control and urban design principles. The applicant is going to review the hotel design taking into consideration the comments of the Council officers.

(21) The applicant has asked for and been provided an indicative sale price for the Council laneway at 53 Phillip Street to review the feasibility of the hotel project. Obviously sale of the Council laneway will not proceed if the hotel project turns out to be not financially feasible.

53 Phillip Street

(22) This laneway provides a pedestrian link between Phillip Street and the Erby Place car park. Easements will be created on the title of the land prior to sale to maintain access for the adjoining 55 Phillip Street to its fire hydrant inlet at the laneway, to protect Council’s existing storm water drain and to maintain current pedestrian access.

(23) The Council officers have no objection to closing this laneway for sale to the applicant who is the only party able to utilise the floor space due to the laneway land for additional floor space building development at 51 Phillip Street.

(24) The applicant has agreed in principle to purchase this laneway subject to terms of sale and price to be determined. As closing the laneway under the Roads Act takes at least a year to complete, it is highly recommended that Council while having negotiation with the applicant on sale terms and price should take parallel action to proceed with road closing. There will not be any adverse affectation on use of the laneway if sale fails to proceed following formal road closing.

FINANCIAL IMPLICATION FOR COUNCIL

(25) Council may receive revenue in the vicinity of $650,000 (subject to final valuation) in the disposal of the pedestrian laneway.

(26) Council may also receive an upgrade at applicant’s costs to Council’s open space at 49 Phillip Street. Details of the upgrade works are yet to be determined and negotiated.

Kwok Leung

Property Program Manager

Attachments:

1 View	Location Plan	1 Page
2 View	Concept hotel development	2 Pages

REFERENCE MATERIAL

Council 13 December 2010 Item 8.2

ECONOMY AND DEVELOPMENT

ITEM NUMBER 8.2

SUBJECT 10 Lackey Street, South Granville
Lot 21 DP 192747 (Woodville Ward)

DESCRIPTION To regulate the use of an unauthorised as built granny flat and the reduction in size of bedroom 1 of the granny flat by 8m2 to satisfy the maximum floor area permitted for granny flats as defined in PLEP 2001.

REFERENCE DA/793/2010 - 5th October 2010

APPLICANT/S Mr L Saffar

OWNERS Mr L Saffar

REPORT OF Manager Development Services

DATE OF REPORT 26 November 2010

REASON FOR REFERRAL TO COUNCIL

The application has been referred to Council, as the application seeks a variation greater than 10% to the maximum floor space ratio control required by Clause 22 (3)(a) of SEPP (Affordable Rental Housing) 2009. The application is accompanied by an objection under SEPP 1.

EXECUTIVE SUMMARY

The application seeks approval for the use of an unauthorised as-built granny flat constructed to the south of the allotment together with the reduction in size of bedroom one of the granny flat by 8m² to satisfy the maximum floor area permitted for granny flats as defined in PLEP 2001.

A Penalty Infringement Notice (PIN) was issued by Council on 11 January 2010 for the unauthorised construction of a granny flat at the rear of the subject premises.

The application has been referred to Council, as the proposal seeks to vary the floor space ratio development standard outlined in Clause 22(3) (a) of SEPP (Affordable Rental Housing) 2009, Floor Space Ratio (dwelling and granny flat combined) by more than 10%.

In accordance with a Planning Circular released by the Department of Planning in November 2008 on “Reporting Variations to Development Standards’ - variations to development standards greater than 10% should be determined by Council.

The principal dwelling house and as-built granny flat have a total floor space ratio of 0.59:1 which is greater than the 0.5:1 permitted by Clause 40 of the Parramatta Local Environmental Plan 2001 (for dwelling houses) to which Clause 22(3) (a) of SEPP (Affordable Rental Housing) 2009 makes reference to.

Clause 22(3)(a) of SEPP (Affordable Rental Housing) 2009 states as follows:-

“22 Development may be carried out with consent

(3) A consent authority must not consent to development to which this Division applies unless:

(a) the total floor area of the principal dwelling and the secondary dwelling is no more than the maximum floor area allowed for a dwelling house on the land under another environmental planning instrument, and…”

The proposed works are consistent with the objectives of the SEPP (Affordable Rental Housing) 2009, Parramatta Local Environmental Plan 2001 and Parramatta Development Control Plan 2005, and are considered satisfactory with respect to design, height, amenity, overshadowing, bulk and scale. There is sufficient landscaping and open space areas provided as part of the proposal. The granny flat is appropriately sited without unduly impacting on the streetscape or adjoining properties

No submissions have been received in respect of this application.

Accordingly, the application is recommended for approval.

RECOMMENDATION

(a) That Council support the variation to Clause 22(3) (a) Floor Space Ratio (dwelling and granny flat combined) of the SEPP (Affordable Rental Housing) 2009 under the provisions of SEPP 1.

(b) Further that Development Application No 793/2010 seeking consent for use of the unauthorised as built granny flat and reduction in size of bedroom one of the granny flat by 8m² to satisfy the maximum floor area permitted for granny flats as defined in PLEP 2001 at 10 Lackey Street, South Granville be approved subject to the conditions of consent in Attachment 1 of this report.

Maya Sarwary

Development Assessment Officer

Attachments:

1 View	Section 79C Report	32 Pages
2	Location Map	1 Page
3 View	Plans	2 Pages
4 View	Confidential Plan	1 Page

REFERENCE MATERIAL

Council 13 December 2010 Item 8.3

ECONOMY AND DEVELOPMENT

ITEM NUMBER 8.3

SUBJECT 163-165 George Street, Parramatta
(Lot 1 DP 78716, Lot 1 DP 113513 & Lot 1 DP 650704, Lot 3 DP 10735)

DESCRIPTION Section 96(2) modification to approved alterations and additions to a club. Modifications includes the amendment of condition 36 to enable permanent trading hours of 9am to midnight Sunday to Wednesday, 9am to 1:00am Thursday, 9am to 3:00am Friday and Saturday and an amendment to condtion 37 relating to the requirement for monthly noise monitoring to change to a 6 monthly requirement

REFERENCE DA/325/2006/A - Submitted 18 June 2010

APPLICANT/S Paynter Dixon Constructions (NSW) Pty Ltd

OWNERS Blacktown Workers Club

REPORT OF Manager Development Services

DATE OF REPORT 8^th November 2010

REASON FOR REFERRAL TO COUNCIL

The matter is referred to Council as more than five (5) submissions were received.

EXECUTIVE SUMMARY

Section 96(2) modification to approved alterations and additions to a club. Modifications include extending the existing trading hours and allowing for live bands and music. It also proposed to decrease the noise monitoring period from monthly to every six months. Condition 36 under the existing consent reads as follows:

36. Live bands and music from the Club be prohibited

Reason: To protect the amenity, of the adjoining residential properties

(i) The hours of operation being restricted to between the hours of:

10.00am to 11.00pm Mondays to Thursdays,

10.00am to Midnight Fridays and Saturdays,

10.00am to 10.00pm Sundays

(ii) For a period of not more than twelve (12) months from the date of this development consent, the hours of operation being restricted to between the hours of:

10.00am to 11.00pm Mondays to Wednesdays

10.00am to 3.00am Thursdays, Fridays and Saturdays

10.00am to 10.00pm Sundays

(iii) A continuation of the extended hours will require Council's approval under the Environmental Planning and Assessment Act by way of a Section 96 application. In this regard, the Section 96 application is to be accompanied with an independent acoustic report prepared by a suitably qualified person, outlining compliance with the approved acoustic report "Noise Impact Assessment 2005467.4/0818NR2/TT, dated August 2006 and Plan of Management dated October 2006. The independent report must address the issues contained in Condition No. 37 of this consent.

Reason: To ensure the hours of operation are satisfactory.

It is proposed to amend condition 36 to read as follows:

36. The hours of operation are as follows:

Sunday to Wednesday: 9.00am to 12 midnight

Thursday: 9.00am - 1.00am

Friday- Sunday: 9.00am- 3.00am

Reason: To protect the amenity of the adjoining residential properties.

Condition 37 is also proposed to be modified, by deleting the requirement for noise monitoring on a monthly basis and increased to every 6 months. Conditions under the existing consent read as follows:

37. An independent acoustic consultant is to carry out monitoring of the Club in accordance with the "Noise Impact Assessment 2005467.4/0818A/R2m, dated August 2006 and Plan of Management dated October 2006, during peak usage periods on a regular basis (at least once a month). Report results are to be made available to Council officers at any time upon written request.

Reason: To maintain the impact of the extended hours of operation.

Seven (7) submissions and one petition with 35 signatures objecting to the proposal have been received and an on site meeting was held 19^th October 2010. The issues raised in written submissions and the onsite meeting include: operating hours, increased traffic, anti-social behaviour and littering, parking, light spillage, noise, crime, safety and security. These issues have been considered in the assessment of the proposal and found not to warrant refusal of the application. However, it is recommended that a two year trial period be imposed in respect of the proposed extension of trading hours and noise monitoring period.

In respect of the trading hours it is recommended that a reviewable condition be imposed pursuant to Section 80A (10B) of the Environmental Planning & Assessment Act 1979. This will allow Council to review the extended hours at the end of a two year trial period and decide whether the extended trading hours are acceptable in terms of amenity impacts. By requiring acoustic monitoring every three months for two years and a restriction on live and/or amplified music to a two (2) year period also, Council will be able to make an informed decision on amenity impacts arising from extended hours. It is noted that under legislation, reviewable conditions can only relate to trading hours and patron numbers for certain development types such as clubs.

In respect of the proposed 6 month noise monitoring, a 3 month noise monitoring regime is considered more appropriate to monitor potential noise impacts on residents of the extended hours, live bands and amplified music. It also recommended that monitoring every three months be undertaken for a two year trial period.

Further, it is recommended that the use of live bands and amplified music be allowed for a two year trial period. The continuation of live and/or amplified music beyond two years would require the further consent of Council.

An acoustic report has been submitted and reviewed by Council’s Health Officer who supports the proposal subject to noise level restrictions and adherence to the recommendations of the acoustic report. Council has received no complaints in respect of noise generation associated with the existing trading hours.

Council’s Community Crime & Prevention Officer raised no objection to the proposal subject to the enforcement of the Plan of Management which aims to mitigate any potential risks associated with the operation of the club.

No response has been received from the NSW Police and on this basis it is concluded that no particular concern is raised by the Police in respect of this application.

Subject to the imposition of conditions as described above, the proposal is consistent with the aims and objectives of the private open space zone upon which the club building is located and can be recommended for approval.

RECOMMENDATION

(a) That Council as the consent authority modify Development Consent No. 325/2006/A in the following manner:

1). Amend condition No. 36 as follows:

Reviewable Condition

36. (i) The hours of operation are as follows:

10.00am to 11.00pm Mondays to Thursdays,

10.00am to Midnight Fridays and Saturdays,

10.00am to 10.00pm Sundays

(ii) For a period of not more than two (2) years from the date

of this development consent, the hours of operation being

restricted to:

Monday to Wednesday: 9.00am to 12 midnight

Thursday: 9.00am – Friday 1.00am

Friday 9am to Saturday 3am

Saturday 9am to Sunday 3am

Sunday 9am to Sunday 10pm

Condition 36 (ii) will be subject to a review by Council at the conclusion of the two year trial period which commences from the date of this development consent. Pursuant to legislation Council will give a minimum 14 days written notice to the holder of the consent that a review is to be carried out. The Council may also notify any other person that may be affected and will take into account any submissions received during the 14 days after the notice is given. The purpose of which, is to determine whether the extended trading hours have detrimentally impacted upon the amenity of the area.

36B Live bands and/or amplified music are permitted within the hours of operation specified in condition 36(ii) above for a period of not more than two (2) years from the date of this development consent.

Upon completion of the two year period, live and/or amplified music is not permitted unless further consent is obtained from Council by way of a Section 96 Application or new Development Application.

2). Condition 37 is to be modified as follows:

37. An independent acoustic consultant is to carry out monitoring of the

Club in accordance with the "Noise Impact Assessment 2010410/0506A/R1/TT, dated 6 May 2010 and the revised Plan of Management (original report dated 2006) to reflect the proposed trading hours, during peak usage periods on a regular basis (at least once every three months). Report results are to be submitted to Council every three months.

Reason: To maintain the impact of the extended hours of Operation.

37a. A noise complaints register is to be kept and forwarded onto Council with the Acoustic Report every three months.

Reason: To measure the impacts of the proposed extended trading hours.

3). Condition 41 is to be inserted as follows:

41. The recommendations of Acoustic Logistics Consultancy Report No. 2010410/0506A/R1/T, dated 6 May 2010 are to be implemented as stated below:

Allowable sound pressure levels within the Club are as follows:

· Function Room 1 - 85dB(A)L1o (this level also applies to function room 4 if rooms 1 and 4 combined into one large room).

· Function Room 2 - 90dB(A)L1o

· Function Rooms 3 and 4 - 98dB(A)L1O

· Main Bar - 95dB(A)L1o.

o Live acoustic music does not require any management control as noise levels exceeding 85dB(A)L1O will not be achieved. Drums are not to be used in function rooms 1 and 2.

o Function rooms 1 and 2 are not to be used for live music after midnight.

o For amplified music - A noise limiter shall be installed in one power outlet in each of the function rooms. Any music amplification system shall be plugged into the noise limiter system. Noise limiter to limit levels to those set out above.

o External doors (leading to the car park) of function room 1 must remain closed at all times when live/amplified music is played in this room. Patrons must Exit via internal corridors within the Club building.

o Doors leading from the function rooms to corridors shall remain closed if amplified music is played.

Reason: To ensure compliance with the requirements of the Protection of the Environment Operations Act 1997.

4). Condition 42, 43 and 44 be added as follows:

42. The LA10 noise level emitted from the premises shall not exceed the background noise level in any Octave Band Frequency (31.5 Hz – 8k Hz inclusive) by more than 5 dB between 7am and midnight at the boundary of 7 Purchase Street, 167 George Street and 44 Hassall Street.

Notwithstanding compliance with the above, the noise from the premises shall not be audible within any habitable room in any of the residential premises mentioned, between the hours of midnight and 7am.

Reason: To ensure compliance with the requirements of the Protection of the Environment Operations Act 1997.

43. A revised Plan of a Management is to be submitted to the satisfaction of Council prior to the activation of the two year trial period for extended trading hours and use of live bands and amplified music. The plan of management is to incorporate the proposed extended operating hours and any recommendations outlined in the "Noise Impact Assessment 2010410/0506A/R1/TT, dated 6 May 2010”.

Reason: To maintain amenity for adjoining properties.

44. The existing signage illumination and internal lighting emitted from the operation of the club and carpark lighting shall not be illuminated beyond approved trading hours, with the exception of security lighting.

Reason: To maintain amenity for adjoining properties.

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

Michael Tully

Development & Certification Officer

Attachments:

1 View	Section 79C Report	21 Pages
2 View	Locality map	1 Page
3 View	Acoustic Report	11 Pages
4 View	On-site meeting (19th October) summary notes	6 Pages

Council 13 December 2010 Item 8.4

ECONOMY AND DEVELOPMENT

ITEM NUMBER 8.4

SUBJECT 3 Mahony Road, Wentworthville
(Lot 123 DP 12452) (Arthur Philip Ward)

DESCRIPTION Section 96(AA) modification application to an approved multi-unit development containing 8 townhouses. The modifications seek retrospective approval for increasing floor levels within Unit 2, altering the location and height of the rear fire stairs, changes to boundary fencing, amendments to the driveway, amendments to the garbage room, alterations to the roof, provision of additional windows, changes to the external facade and changes to onsite landscaping.

REFERENCE DA/2552/2002/C - 19 October 2010

APPLICANT/S Cam Consulting

OWNERS K Kopuz, S Kopuz and B Kopuz

REPORT OF Manager Development Services

Date of report 8 November 2010

REASON FOR REFERRAL TO COUNCIL

The application is referred to Council as the original application was approved by the Land and Environment Court.

EXECUTIVE SUMMARY

The application seeks to modify Development Consent No. 2552/2002 under the provisions of Section 96(AA) of the Environmental Planning and Assessment Act.

Approval is sought to modify the application which includes the following:

1. The internal steps within unit 2 has been removed

2. The rear fire escape has been relocated between 200mm to 500mm closer to the southern boundary.

3. Five additional steps were provided to the rear fire stairs and the pedestrian pathway was realigned.

4. The construction of a concrete fire stair lid (cover) to the rear fire escape.

5. The north-western timber fenced has been replaced with a 1.5 metre high green colorbond fence.

6. A portion of the front fence was relocated 500mm within the property.

7. The driveway grade has been adjusted and a pedestrian path has also been provided located beside the driveway.

8. The front and rear fire stair walls from basement have been extended in height.

9. Amended roof details which include a change from a hip end roof form for Unit 4 to a gable end roof.

10. Dormer window/roof has been added above the bathrooms of Unit 5 and 6 on the first floor level and the headroom heights have been raised to comply with BCA standards.

11. The party wall parapets that extended beyond roof ridges have been deleted.

12. The material finishes have been modified from cement render to face brick.

13. The landscaping has been amended to remove the raised planters from the front of Unit 3, 4 and 5.

14. The basement floor level has been lowered from FFL 28.71 to FFL 28.425.

15. A window and door schedule has been provided.

16. Amended roof detail plan has been submitted to clarify inconsistencies.

A site visit has confirmed that modifications 6 and 7 have not been undertaken. However, modifications 1 to 5 and 8 to 16 have been completed and therefore retrospective approval is sought. Modification 2 (relocation of the rear fire escape stairs) that has already been undertaken was included in the Construction Certificate issued by Council’s Certification Team. While a degree of variation can be addressed through a construction certificate to allow for the reasonable tolerances of actual construction, the change sought to the rear fire escape stairs is best considered through a Section 96 assessment.

Development Consent No. 2552/2002 granted consent for the construction of a multi-unit development containing 8 townhouses. A subsequent modification DA/2552/2002/A approved internal modifications to Unit 1 to 4.

It is noted that Section 96 Modification DA/2552/2002/B was withdrawn by the applicant following deferral at Council’s Regulatory meeting of 9 August 2010. The determination of DA/2552/2002/B was deferred for the following reason:

“That the application be deferred pending a report on the legal implications of Council retrospectively approving a non complying application and on Council’s options should it wish to refuse the application together with advice from the Chief Executive Officer on other matters associated with the development application”.

Legal advice was sought in regards to the above. Accordingly, the following advice was provided.

The council resolution of 9 August 2010 asks for some legal comments about implications if council approves the ’non complying application’. Having regard to the above comments, I consider those implications are as follows:

· There is nothing that prevents Council from making a decision.

· Approval of the section 96 application will permit use of the items constructed which are beyond the scope of the current construction certificate (namely, the item relating to the relocation of the fire stairs).

· Approval of the section 96 application does not prevent a prosecution for unauthorised works.

· Refusal of the section 96 application will entitle the applicant to commence class 1 proceedings in the L & E Court if it thinks fit. On the information presently available, I do not think that the Council would be in a strong position to successfully defend those proceedings.

· Council could amend the recommendations but that would still constitute an approval.

· The applicant is also entitled to commence class 1 proceedings if it wishes to challenge any particular consent condition (regardless of whether it has been changed by the council). It is not possible to comment on legal implications and risk in respect of any changes council makes to the recommended consent conditions unless those changes are available for review. Suffice to say that any changes which result in consent conditions that are not for proper planning purposes will be very unlikely to withstand legal challenge.

One submission was received raising concerns over the landscaping plan which proposed a planting scheme that involved a White Cedar tree which produces toxic fruits.

The proposed modifications will not result in any unacceptable impacts to the amenity of the area as an appropriate level of privacy for adjoining sites is maintained and the design, bulk and scale of the development remains predominantly commensurate with the development as previously approved. The development as modified by the subject application is substantially the same development as that approved. The proposed modification of the original development consent does not raise any additional issues in respect of compliance with Council’s policies.

Accordingly, the application is recommended for approval.

RECOMMENDATION

(a) That Council as the consent authority modify Development Consent No. 2552/2002 under the provisions of Section 96(AA) of the Environmental Planning and Assessment Act in the following manner:

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:

Drawing N⁰	Dated
Fire Staircase Sections and Elevations. Drawing No. C9083 – A9. Revision B.	18 October 2010
Roof Layout. Drawing No. C9083 – A5. Revision H.	18 October 2010
Elevations. Drawing No. C9083 – A6. Revision H.	18 October 2010
Window Schedule. Drawing No. C9083 – A7. Revision G.	18 October 2010
Site Plan. Drawing No. C9083 – A1. Revision G.	18 October 2010
Landscaping Plan. Drawing No. C9083 – A8. Revision C.	18 October 2010
Basement Plan. Drawing No. C9083 – A2. Revision I.	18 October 2010
Ground Floor Plan. Drawing No. C9083 – A3. Revision I.	18 October 2010
Firs Floor Plan. Drawing No. C9083 – A3. Revision H.	18 October 2010

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

2. Add the following conditions to the development consent:

1a.) The two Melis Azedarch (White Cedar) trees proposed along the rear boundary are to be replaced with one Lagerstroemia indica and one Magnolia soulngiana.

1b.) The planting schedule which includes the species and quantities for the proposed development as stipulated on the Landscaping Plan approved under DA/2552/2002 (Landscape Plan 10-02/03 Issue E. Prepared by SAOKI) is to be complied with.

Reason: To ensure compliance with DA/2552/2002.

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

Denise Fernandez

Development Assessment Officer

Attachments:

1 View	Section 79C Report	17 Pages
2 View	Location Plan	1 Page
3 View	Amended Plans	7 Pages
4 View	Original Consent	14 Pages
5 View	Section 96 DA/2552/2002/A report	9 Pages
6 View	Section 96 DA/2552/2002/B report	15 Pages
7	Confidential plans	2 Pages

Council 13 December 2010 Item 8.5

ECONOMY AND DEVELOPMENT

ITEM NUMBER 8.5

SUBJECT 10-12 Bowden Street, North Parramatta (Lot 33 in DP 7727) (Elizabeth Macarthur)

DESCRIPTION Section 96(2) modification application to modify a development consent granted for the construction of 9 townhouses over basement parking. The application seeks approval to amend the development consent in accordance with the as-built finished floor levels. The ground floor levels have been built up to 970mm higher than the approved floor levels.

REFERENCE DA/2862/2002/B - 31 August 2010

APPLICANT/S Xing Yue International Trading (Aus) Pty Ltd

OWNERS Xing Yue International Trading (Aus) Pty Ltd

REPORT OF Manager Development Services

DATE OF REPORT 18 November 2010

REASON FOR REFERRAL TO COUNCIL

The application is referred to Council as the original application was approved at a Regulatory Council meeting on 19 May 2003.

EXECUTIVE SUMMARY

The application seeks approval to modify Development Consent No.2862/2002 which granted consent to demolition, removal of 11 trees and the erection of seven x 3 bedroom and two x 2 bedroom town houses over basement car parking.

Approval is sought for the retrospective modifications which include an increase in the basement floor levels which has resulted in an increase of up to 970mm higher than the approved ground floor levels to the front row of units and to a maximum of 700mm higher than the approved floor levels to the rear row of units. As a result, the ridge height of the front row of units has increased by 970mm and the rear row of units by 750mm.

Approval is also sought for modifications to mitigate the impact of excessive bulk and scale as a result of the unauthorised works detailed above. The proposed works include additional landscaping in the form of planter boxes between each set of stairs, which provide access to the front row of units, and reconfiguration of the staircase providing access to the ground floor of each unit within the front row to provide for a landing which faces the street. Additionally, a condition is recommended requiring 600mm of lattice screening to be surmounted on top of the eastern side boundary fence to reduce the potential for overlooking into the courtyard of adjoining properties located immediately to the east of the site.

Approval is also sought for the deletion of Condition No. 59 requiring the basement level carpark to have a minimum floor to ceiling height of 2.5 metres. The as built works have resulted in a minimum floor to ceiling height of 2.0 metres for a portion of the basement carpark. As this does not comply with the deemed to satisfy requirements of the Building Code of Australia and Australian Standard AS 2890.1, a condition is recommended requiring the floor to ceiling height of the basement carpark to comply with the performance requirements of the Building Code of Australia and the relevant Australian Standard.

Council issued a Stop Work Order on 30 September 2009, as a site inspection revealed that construction of the development commenced prior to obtaining a Construction Certificate. Concerns were raised by Council’s Construction Team with regard to the structural integrity of the development. The Stop Work order was lifted once the structural integrity of the development was rectified.

Construction of the townhouses is nearly complete.

Three submissions have been received in response to the notification of this application, raising issues with respect to unacceptable overlooking and excessive bulk and scale.

It is considered that the proposed changes to the front façade of the development to mitigate the impact of the unauthorised works and recommended conditions will appropriately address the issues raised by objectors with respect to bulk and scale and overlooking. Accordingly, the application is recommended for approval, subject to conditions.

RECOMMENDATION

(a) That Council as the consent authority, modify development consent to Development Application No. DA/2862/2002 in the following manner:

The following additional conditions are imposed.

1. The provision of 600mm lattice screening shall be surmounted on top of

the entire length of the eastern boundary fence prior to the issue of the Occupation Certificate.

Reason: To minimise the impact of overlooking.

2. All landscape works shall be maintained for a minimum period of two (2) years after the final completion, in accordance with the approved plans and conditions.

Reason: To ensure restoration of environmental amenity.

Condition No. 59 is to be modified in the following manner:

The floor to ceiling height of the basement car parking area is required to satisfy the performance requirements of the Building Code of Australia and Australian Standard AS 2890.1.

Reason: To comply with the height requirements of the BCA and AS 2890.1.

(b) Further, that as the development works have occurred without prior

development consent being obtained, that the matter be referred to Council’s Development Control Section for investigation and possible issue of a penalty

infringement notice.

Lina Dababneh

Development Assessment Officer

Attachments:

1 View	Section 79c Report	16 Pages
2 View	Locality Map	1 Page
3 View	Original Section 79c Report	6 Pages
4 View	Plans & Elevations	4 Pages
5	Confidential plans	4 Pages

Council 13 December 2010 Item 8.6

ECONOMY AND DEVELOPMENT

ITEM NUMBER 8.6

SUBJECT Prince Alfred Park, 353D Church Street, Parramatta NSW 2150 (Lot 1 DP 724837) (Arthur Phillip Ward)

DESCRIPTION Use of Prince Alfred Park between 23 and 26 July 2011 as an information and education facility for the International Society of Arboriculture International Conference

REFERENCE DA/848/2010 - Submitted 25 October 2010

APPLICANT/S International Society of Arboriculture

OWNERS Parramatta City Council

REPORT OF Manager Development Services

DATE OF REPORT – 30 November 2010

REASON FOR REFERRAL TO COUNCIL

The application has been referred to Council for determination because it relates to land that is owned by Council.

EXECUTIVE SUMMARY

Approval is sought to use Prince Alfred Park as an information and education facility for the International Society of Arboriculture (ISA) International Conference between 23 and 26 July 2011. The ISA Annual International Conference and International Tree Climbing Championships is to be held in July and will include a number of events over a 5 day period at several locations, including The Riverside Theatre, the Sebel Parramatta, Parramatta Park and Prince Alfred Park. The following events are to be held in Prince Alfred Park will occur between 8am and 5pm and will attract a maximum attendance of 750 persons at any one time during the event:

· 22 July – setup and exhibitors move in, move in of display vehicles and heavy equipment

· 23 July – Setup of tree climbing championship, exhibitors move in and tree academy workshops and

· 24 July – Tree academy workshops, trade show and international tree climbing championship

· 25 July – Trade show and climber’s corner

· 26 July – Climber’s corner and trade show

· 27 July – Exhibitors move out and park clean up

· 28 July – Move out of display vehicles and heavy equipment

A food and beverages area serviced by the Sebel Parramatta with 100 tables and 200 chairs will be set up in the Church Street quadrant of the Park to cater to delegates at the conference as well as the climber’s corner.

Sixty-six marquees for use by the trade show exhibitors will be set up in the remaining quadrants. Some of the exhibitors will include vehicles and heavy equipment as part of their displays.

The International Tree Climbing Championships Masters’ Challenge will be held in Prince Alfred Park. Equipment will be installed in each event tree (ropes and bells) prior to the event, with no equipment to be installed with a fastening device that would damage the tree. Competitors will enter the tree using a system of ropes to cause minimal impact upon the tree and no climbing spikes are to be used to gain entry to the tree.

No submissions were received in response to the notification of the application.

The site is zoned RE1 Public Recreation under Parramatta City Centre LEP 2007. Whilst the use of the site as a recreation area (i.e. a public park) is a permissible use, it is not considered that the use of the park for a conference for a specific organisation is ancillary to a recreation area. Whilst public events and celebrations would be ancillary, the nature of the use is not public and as such it is not considered to be an ancillary, and therefore permissible, use. However, pursuant to clause 15A of the LEP a temporary use of land for up to a 12 day period in any 12 months may be granted consent in any zone subject to satisfaction of set of criteria (addressed in the Section 79C report). As such the use being for a temporary use for 7 days (including setup and dismantling), is permissible with the consent of Council.

The proposal is consistent with the objectives and controls of State Environmental Planning Policy (Temporary Structures and Places of Public Entertainment) 2007, Parramatta City Centre Local Environmental Plan 2007 and Parramatta City Centre Development Control Plan.

Conditions of consent have been recommended to ensure damage to landscaping is remediated, to ensure there is minimal potential for damage to trees and that any trees damages are treated, to provide for an accessible toilet and to ensure removal of the structures at the end of the event.

Accordingly, the application is recommended for approval.

RECOMMENDATION

That Council as the consent authority grant development consent to Development Application No. 848/2010 for the use of Prince Alfred Park as an information and education facility for the International Society of Arboriculture International Conference between 23 and 26 July 2011, at 353D Church Street, Parramatta subject to the recommended conditions in Attachment 1.

Kerry Gordon

Consultant Town Planner

Attachments:

1 View	Section 79C Assessment Report	22 Pages
2 View	Locality Map	1 Page
3 View	Site Plan	1 Page

Council 13 December 2010 Item 8.7

ECONOMY AND DEVELOPMENT

ITEM NUMBER 8.7

SUBJECT 21 Greens Avenue, Oatlands
(Lot 3 DP 31581) (Elizabeth Macarthur Ward)
(following registration of approved subdivision site wil be known as 19A Greens Avenue, Oatlands)

DESCRIPTION Demolition, tree removal and the construction of a 3 storey dwelling over basement carparking and inground swimming pool on proposed Lot 2.

REFERENCE DA/534/2010 - 7 July 2010

APPLICANT/S In Vision Design

OWNERS Mr L Wahbe and Mrs M Wahbe and Mr P C Wahbe and R Wahbe

REPORT OF Manager Development Services

DATE OF REPORT 26 November 2010

REASON FOR REFERRAL TO COUNCIL

The application has been referred to Council as it seeks a variation of greater than 10% to the height control within Clause 39 of Local Environmental Plan 2001 and the application is accompanied by an objection under SEPP 1.

EXECUTIVE SUMMARY

The application seeks approval for demolition, tree removal and construction of a three storey dwelling house over basement carparking and inground swimming pool on proposed Lot 2.

Although the proposed dwelling has a ground and first floor for habitable purposes the proposed dwelling will comprise of three storeys as defined by the Parramatta Local Environmental Plan 2001 which exceeds the two storey height limit permitted under the development standard. The non compliance is a technical non compliance due to the definition of a storey under PLEP 2001. The definition includes any subfloor area greater than 1.2 metres above ground level as a storey. The basement area of the dwelling protrudes above the natural ground level by a maximum of 1.8m on the western elevation of the dwelling. The non-compliance is a result of the slope of the allotment.

In accordance with a Planning Circular released by the Department of Planning in November 2008 on ’Reporting Variations to Development Standards' variations to development standards greater than 10% should be determined by Council.

No submissions have been received in respect of this application.

The proposed development is consistent with the objectives contained in the Parramatta Local Environmental Plan 2001 and Parramatta Development Control Plan 2005. The dwelling is considered satisfactory with respect to design, bulk and scale. There is sufficient landscaping and open space provided by the proposal. The new dwelling is considered to be appropriately sited without unduly impacting on the streetscape or adjoining properties in terms of privacy or shading.

Accordingly, the application is recommended for approval subject to a deferred commencement consent pending receipt of proof of registration of the subdivision of the allotment into 2 lots as approved by DA/288/2008.

Conditions requiring a reducing the floor to ceiling height of the first floor and reduction in the floor area of the basement are also proposed to reduce the bulk and scale of the development and minimise disturbance of the land.

RECOMMENDATION

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

(b) Further that the applicant pay an additional $786 development assessment fee to reflect the amended estimated cost of construction.

(c) Further, that Council pursuant to the provisions of S. 80(3) of the Environmental Planning and Assessment Act, 1979 grant a Deferred Commencement Consent to Development Application No. DA/534/2010 for the demolition, tree removal and the construction of a 2 storey dwelling over basement and inground swimming pool on proposed Lot 1 at 21 Greens Avenue, OATLANDS NSW 2117 subject to the completion of the following:

Schedule 1

(a) Submission to Council of suitable documentary evidence within 12 months of the date of determination that demonstrates that the subdivision of the existing allotment of land at 21 Greens Avenue, Oatlands has been registered at the Land and Property Management Authority.

Upon compliance with the above requirement, a full Consent will be issued for a period of five (5) years from the date on the Notice of Determination has been approved subject to the conditions within Attachment 1 of this report.:

Maya Sarwary

Development Assessment Officer

Attachments:

1 View	Section 79C Report	49 Pages
2 View	Location Plan	1 Page
3 View	Site Plan	1 Page
4 View	Approved Subdivision Plan	1 Page
5	Confidential Plans	3 Pages

REFERENCE MATERIAL

Council 13 December 2010 Item 8.8

ECONOMY AND DEVELOPMENT

ITEM NUMBER 8.8

SUBJECT Planning Proposal and Voluntary Planning Agreement 2-12 River Road West, Parramatta

REFERENCE RZ/6/2010 - D01747645

REPORT OF Project Officer, Land Use &Transport Planning

PURPOSE:

The purpose of this report is to recommend Council’s in principle support of a planning proposal to rezone land at 2-12 River Road West, Parramatta from industrial to mixed use and to recommend the referral of the planning proposal to the Department of Planning for an initial consideration under the gateway process.

Council’s endorsement is also sought to proceed with formal negotiations to prepare a Voluntary Planning Agreement (VPA) between Council and the applicant in relation to the planning proposal, in accordance with Council’s VPA Policy

RECOMMENDATION

(a) That the planning proposal for the rezoning of land at 2-12 River Road West, Parramatta for mixed use purposes and public reserve be supported in principle to facilitate an initial gateway assessment by the Department of Planning.

(b) That the proponents provide additional information in relation to existing and post development flood modeling prior to finalisation of the proposal.

(c) That subject to initial consideration of the gateway proposal by the Department of Planning and consultation with relevant public authorities, that a further report be put to Council to advise of the outcomes of the additional flooding information and further consideration of height and floor space ratio controls for the site.

(d) That Council proceed with negotiations for a Voluntary Planning Agreement (VPA) in relation to a planning proposal at Nos. 2 – 12 River Road West, Parramatta as outlined in Attachment 6.

(e) That delegated authority be given to the CEO of Council to negotiate the VPA on behalf of Council and report back on the negotiations in regards to the VPA.

(f) That the proponents prepare for Council’s consideration draft Development Control Plan (DCP) provisions for 2-12 River Road West, Parramatta. The draft DCP provisions to be exhibited concurrently with the planning proposal and the draft VPA.

(g) That as a separate matter Council considers undertaking a strategic investigation of the long term planning direction of the area in the vicinity of this planning proposal, potentially including the suburbs of Camellia, Rosehill and Harris Park.

BACKGROUND

1. Nos. 2-12 River Road West, Parramatta are located within a small light industrial precinct generally bound by Parramatta River, James Ruse Drive and Tramway Avenue. The site adjoins the Parramatta River and is currently used for general light industrial purposes and car parking, with many of the buildings reaching the end of their economic life.

2. During consideration of Draft Parramatta Local Environmental Plan (LEP) 2010 at its meeting of 23 March 2009 Council resolved: ‘Further, that Council invite the owner(s) of land within the industrial precinct at River Road West, Parramatta to discuss a separate process by which the rezoning of land to allow a mix of uses including residential, be considered.

3. In September 2010, Council received a planning proposal from the owners of 2 -12 River Road West, Parramatta to rezone the land from IN1 General Industrial to B4 Mixed Use, enabling a mix of retail; commercial and residential development up to 14 storeys in height. The planning proposal is being assessed separately to the draft Parramatta LEP 2010 and if successful the rezoning would be included as an amendment to this plan.

4. The planning proposal has been assessed by consultants (Don Fox Planning) on behalf of Council due to the focus of staff resources on prioritising the draft Parramatta LEP and DCP.

ISSUES

5. In order to assess the planning proposal and to determine if the site is suitable to permit a mix of residential, retail and commercial land uses, a number of matters have been investigated including loss of employment land, flooding, heritage, height of buildings, urban design, contamination, traffic, acid sulfate soils, impact on the river, foreshore treatment/open space connection and geotechnical issues. These are discussed in more detail in Attachment 1.

Loss of Employment Land

6. As the site is currently used for industrial purposes, it is critical to ensure that the proposed rezoning will not result in a detrimental loss of employment land for the locality, or the LGA as a whole. Specifically the proposal must satisfy the Ministerial Direction 117(2) 1.1 whose objectives are to encourage employment growth in suitable locations; protect employment land in business and industrial zones; and support the viability of identified strategic centres. Where inconsistent with these objectives, the planning proposal must provide justification in the form of a study that addresses the objectives of the direction.

7. An Economic Assessment accompanied the planning proposal and concluded that given the location and constraints of the site (particularly size and configuration) the site is not well suited to industrial redevelopment. Further, that future redevelopment of the site for mixed use purposes (including retail and commercial uses) could potentially provide for a number of full time and part time employment positions across the site. Don Fox Planning and Council’s Economic Development Team have reviewed the proposal and recognise that while the planning proposal would result in the loss of industrial land that this can be justified in the circumstances of the case and will not be detrimental to the employment opportunities within Parramatta.

Flooding

8. The site lies adjacent to the confluence of Parramatta River and Claycliff Creek and is subject to flood inundation in the 1 in 20 year flood event, the 1 in 100 year flood event and the probable maximum flood event, with inundation of up to 4 metres across the site in extreme events.

9. Engineering Consultants (Bewsher Consulting) were engaged by Council to assess the planning proposal with respect to flooding, and have raised concern that the planning proposal would see the introduction of dwelling units into a flood prone site which under the current zoning excludes any habitation. Furthermore given the range of flood events which would impact on the site it is considered that it should be provisionally treated as a High Flood Risk location.

10. Bewsher Consulting have recommended that additional information be provided by the proponent to address the site’s flood issues including “existing” and “post-development” flood modeling of the 20 year, 100 year and PMF events. At the time the report from Don Fox was prepared, issues relating to flooding had not been resolved. However, a further meeting was held with the proponent’s engineers and Council officers and at the end of the meeting, it was agreed that only existing and post development conditions flood modeling as outlined in the Meeting Notes (Attachment 8) was required.

Height and Floor Space Ratio(FSR)

11. The planning proposal indicatively seeks building heights of up to 14 storeys, with an FSR of 2.95:1. The context for the rezoning and subsequent redevelopment of 2-12 River Road West includes No. 2 Morton Street, Parramatta which is also the subject of a planning proposal seeking the rezoning of an industrial site for mixed use development with a maximum building height of 40 metres (12 storeys) and an FSR of approximately 1.2:1or 1.3:1(yet to be finally determined), substantially less than sought by this planning proposal.

12. A significant issue associated with future building heights on the site is the potential impact of future development on the historic view corridors to and from Elizabeth Farm that traverse the site across a number of points. The proposal attempts to retain these view corridors and assessment of the impact on these view corridors still needs to be undertaken in consultation the NSW Heritage Branch and other public authorities.

13. Broader consideration of the bulk and scale of the proposal from an urban design perspective is yet to be undertaken to inform recommended maximum height and floor space ratio controls for the site to be endorsed by Council.

14. It is noted that additional flooding information may also inform the location of future building bulk and footprint, which could also impact upon view corridors and the FSR across the site.

DEVELOPMENT CONTROL PLAN

15. In conjunction with any rezoning of the land, development controls will be prepared for the site for inclusion in draft Parramatta Development Control Plan 2010. Controls for the site would ensure that key components of the design, layout and variable building heights are set out, and these controls would need to be complied with at the development application stage. Such controls would also seek to ensure that the site is developed in an integrated manner rather than individual lots being developed separately.

VOLUNTARY PLANNING AGREEMENT (VPA)

16. A voluntary planning agreement offer has been made by the land owners for 2-12 River Road West, Parramatta in conjunction with the planning proposal. The indicative offer includes the dedication of foreshore land approximately 15 metres in width; provision of public facilities including shared path within the dedicated foreshore area and; a monetary contribution of $750,000 towards a pedestrian and cycling bridge over Parramatta River (linking the northern and southern sides of the River Foreshore).

17. Council’s endorsement is sought to commence formal negotiations of the VPA, including the assessment of suitability of the works to be provided and land to be dedicated, the public benefit value of these works, whether the VPA will be in lieu of development contributions, the timing of works and payment of monetary contribution, the standard and extent of proposed works, maintenance obligations of the proposed works and potential for additional contributions or works to be sought.

PUBLIC CONSULTATION

18. Council has written to the land owners within the River Road West Industrial Precinct advising them that the planning proposal for 2-12 River Road West had been received by Council and seeking any comments or feedback from these land owners in respect of their long term intention for the site.

19. At the time of writing this report only one formal response had been received from the owner of No. 139 Tramway Avenue, Parramatta indicating that the current (and draft Parramatta LEP) planning control controls for the site do not warrant viable redevelopment of the land for industrial purposes. However, should the land be rezoned for mixed use development with development up to 12 storeys in height that redevelopment of 39 Tramway Avenue would be investigated.

20. Consultation with public authorities and formal public exhibition of the planning proposal will occur subject to the gateway determination being issued by the Department of Planning.

21. Any draft Development Control Plan and Voluntary Planning Agreement associated with the planning proposal would be exhibited concurrently with the planning proposal and reported back to Council at a later date.

CONCLUSION

22. The planning proposal seeks that land at 2 -12 River Road West, Parramatta be zoned for mixed use development (B4 Mixed Use) to enable buildings up to 14 storeys in height with an floor space ratio of 2.95:1. Part of the site’s foreshore would be dedicated to Council for public purposes and zoned RE1 Public Recreation.

23. The industrial uses on the land are reaching, or have reached the end of their economic life. It is agreed in principle that the site is well located in proximity of the Parramatta CBD to sustain a mix of uses to rejuvenate the locality and provide an active riverfront precinct. The loss of employment land can be justified.

24. More detailed technical studies and investigations are required to justify different aspects of the planning proposal including flooding, height and floor space ratio. An initial gateway determination by the Department of Planning can confirm the studies and investigations required and the process for continuing the assessment of the proposal, including whether it will need to be resubmitted to the gateway following completion of the studies and investigations.

25. Council’s in principle support of the initial proposal is recommended to enable the matter to be forwarded to the Department of Planning for gateway determination.

Diane Galea Sue Stewart

Project Officer Land Use Senior Project Officer – Land Use

Attachments:

1 View	Detailed Report - Assessment of planning proposal prepared by Don Fox Planning Consultants	20 Pages
2 View	Urban Design Analysis prepared by Hamptons Property Services (17/11/10)	26 Pages
3 View	Urban Design Plans prepared by PTI Architecture (19/11/10)	22 Pages
4 View	Survey Plan prepared by H Ramsey Surveyors (18/11/10)	1 Page
5 View	Assessment of 117(2) Directions	33 Pages
6 View	Detailed Report - Voluntary Planning Agreement	3 Pages
7 View	Voluntary Planning Agreement Indicative Written Offer (22/11/10)	1 Page
8 View	Meeting Notes	2 Pages

REFERENCE MATERIAL

Council 13 December 2010 Item 8.9

ECONOMY AND DEVELOPMENT

ITEM NUMBER 8.9

SUBJECT Draft Parramatta LEP 2010 - Consideration of submissions to re-exhibition.

REFERENCE F2010/02537 - D01747788

REPORT OF Project Officer - Land Use and Transport Planning

PURPOSE:

To present to Council the results of the re- exhibition of amendments to the Draft Parramatta Local Environmental Plan (LEP) 2010 and to seek Council’s adoption of amendments.

RECOMMENDATION

(a) That Council consider this report, its attachments and all submissions in accordance with section 68 of the Environmental Planning & Assessment Act, 1979.

(b) That Council note the options presented in Attachment 1.

(c) That Council adopt the exhibited amendments identified in Attachment 2 with the exception of item No. 12 (block bounded by Clyde, Factory, William Streets and rear lane) and that for item No 4 (116 Wigram Street Harris Park), clarify its intention for the height control for this site (28m or 23m) and forward the adopted amendments to the Department of Planning with supporting information required under Section 68 of the Environmental Planning & Assessment Act, 1979.

(d) That Council consider any additional submissions received and presented as an addendum to this report in relation to the items exhibited following Council’s resolution of 18 October 2010.

(e) That Council adopt the exhibited amendments relating to the prohibition of Places of Public Worship in the R2 Low Density Residential zone, the application of the SP1 Special Activities zone to the sites identified in Attachment 4 and the prohibition of sex services premises and restricted premises in all lands to which the draft LEP applies.

(f) Further, that all persons who made submissions be advised of the outcome.

BACKGROUND

1. The public exhibition of the draft Parramatta Local Environmental Plan (LEP) 2010 & draft Development Control Plan (DCP) 2010 was held from 1 March 2010 to 23 April 2010 and was subsequently extended for an additional 2 weeks with the submission period closing on 7 May 2010.

2. On 5 October 2010, Council considered a report on the outcome of the public exhibition of the draft LEP and resolved to adopt the draft Parramatta LEP including a number of amendments. The amendments that were the subject of re-exhibition are identified in Attachment 2.

3. On 18 October 2010, Council further considered the draft LEP and resolved;

“(a) That Council remove Places of Public Worship from R2 zones because the NSW Planning Template does not allow any maximum limit on the size on the Places of Public Worship, and further, that all existing Places of Worship be placed in SP1 Special Activities.

(b) That all sex related services be prohibited land use for the Parramatta LEP.

(c) That all sex related services be proposed as a prohibited land use for the Parramatta City Centre LEP revision.

(d) Further, that the NSW State Government and Local MPs be asked to support this Parramatta City Council LEP submission.”

4. Following these resolutions, proposed amendments to the draft LEP were publicly exhibited by letter to affected property owners, advertisements in local newspapers and information placed on Council’s web site and at Council’s libraries. The period for submissions to those amendments arising from Council’s meeting of 5 October 2010 closed on 19 November 2010. A total of twenty-eight (28) submissions were received.

5. The period for submissions to those amendments arising from Council’s decision on 18 October 2010 closes on 1 December 2010. At the time of completion of this report, the submission period had not yet concluded. Any submissions received will be attached and forwarded under separate.

6. The draft LEP, minus those amendments which were re-exhibited has been forwarded to the DoP to enable the DoP to commence its final assessment of the plan.

ISSUES

7. Twenty-eight (28) submissions were received during the re-exhibition period. These are included in Attachment 6, to be forwarded to Council under separate cover. The majority of submissions related to individual amendments. A summary of submissions received and issues raised in relation to each amendment is contained in Attachment 1. A response is made to each of the concerns/issues raised in the submissions and where relevant options presented for Council’s consideration.

8. The SP1 (Special Activities) zone has been applied to existing places of public worship that were initially proposed to be zoned R2 (Low Density Residential). Location maps of these sites are contained at Attachment 4. The Land Use Table for the SP1 (Special Activities) zone is contained at Attachment 5. Other existing places of worship that are located outside of the R2 (Low Density Residential) zone have retained their proposed zones under the draft LEP, as Places of Public Worship are permitted in these zones.

9. Subject to Council adopting the final recommended changes to the draft LEP included in this report, the proposed amendments to the plan will be forwarded to the DoP, together with any information required under Section 68 of the EP&A Act to enable the DoP to finalise its consideration of the plan. The DoP has already commenced its consideration of the elements of the plan previously adopted by Council and not subject to re-exhibition.

TIMING

10. Once the DoP has received these final elements of the draft LEP, it will be considered by the DoP and the further amendments may be made when the plan is made by the Minister for Planning. The timing of this process is difficult to determine. However, it is anticipated that the plan is likely to be made in the first half of 2011.

Neal McCarry Sue Stewart

Project Officer Senior Project Officer

- Land Use Planning - Land Use Planning

Attachments:

1 View	Detailed Report	19 Pages
2 View	Table of exhibited amendments	4 Pages
3 View	Location Maps of sites the subject of amendments and re-exhibition	7 Pages
4 View	Maps of sites proposed to be zoned SP1 – Special Activities – Place of Public Worship	7 Pages
5 View	Land Use table for the SP1 (Special Activities) zone	2 Pages

REFERENCE MATERIAL

None.

Council 13 December 2010 Item 8.10

ECONOMY AND DEVELOPMENT

ITEM NUMBER 8.10

SUBJECT Trial of Metereye Smart Parking products

REFERENCE F2010/03025 - D01748590

REPORT OF Manager Regulatory Services

PURPOSE:

To obtain Council approval to trial Metereye smart parking technology.

RECOMMENDATION

(a) That, Council approve for the Regulatory Services Unit to trial for four (4) weeks Metereye Smart parking technology.

(b) Further, that a workshop be held on the Metereye product and the data obtained during this trial be reported back to Council on the benefits to Council.

BACKGROUND

1. Parking is becoming an ever increasing problem across all major cities as they grow and the demand for available car parking increases. Parramatta City Council is seeking opportunities to progress its parking strategies towards a user friendly service that provides the latest in technology in line with Councils e-PARRA strategy.

2. As a result of Councils e-PARRA strategy, several meetings have been held with suppliers of current smart parking technology. These discussions have provided the opportunity to not only review products that are currently available but to also discuss what products could be developed in the near future to see the City of Parramatta become the benchmark for all others to look to in regards to vehicle management and parking.

ISSUES

3. The company Metereye has presented a product which on face value looks very promising. This product is an infrared (wireless) device that is easily fitted on top of the road surface or inserted flat (level) into the road surface (both options are the same cost).

4. This technology can be used in conjunction with a number of technologies to provide information to both the Council and the public. The monitors can be used to indicate available carparking, usage rates and overstays. The product is currently being used by a number of Councils and Wilson carparking.

5. It is proposed to trial a small number of units in one side of the parking bays at the Parramatta Library Carpark in Civic Place. The proposal will assist motorists in using the 15 minute free parking area without the need to obtain a ticket as currently exists.

6. This product can be used as a vehicle management and monitoring including traffic counts and monitoring of parking areas to determine usage rates, motorists trends and activities. This product can assist Council in managing, evaluating and designing parking to meet the changing needs of the City.

7. The manufacturer guarantees the durability of their product and stand fast to there assurance that it cannot be damaged even test undertaken by them show that it cannot be damaged by a hammer or projectile.

8. Once installed each device provides real time data in regards to peak time usage and vehicle turn over. Metereye advise that this type of technology can be used for time parking, Council carparks and parking stations. Metereye can also be adapted to connect to parking metres and provide relevant data were required.

9. The use of this technology in other Cities has resulted in a reduction of parking breaches, greater compliance with parking times and increased vehicle turnover with more available parking for the community.

10. The future opportunities for this type or similar product are the ability to provide an interface with Council services and the general public. This service can be extended to providing advice on available parking, payment options and reminders for expired parking times to enhance and provide better parking services and opportunities for the public.

FINANCIAL IMPLICATION FOR COUNCIL

11. Metereye have provided a quote to trial this product (15-17 devices and associated hardware) in parking bays at Civic Place Parramatta for a 4 week period at a total cost of $6,000, which will be funded from Regulatory existing budget.

Laurie Whitehead

Manager Regulatory Services

Attachments:

1 View

Portable Parking Analysis Solution - Metereye proposal

6 Pages

REFERENCE MATERIAL

Council 13 December 2010 Item 9.1

ENVIRONMENT AND INFRASTRUCTURE

ITEM NUMBER 9.1

SUBJECT Trial Closure of Church Street for 3 Saturday nights in December 2010 between Phillip Street and Market Street

REFERENCE F2008/05099 - D01748269

REPORT OF Service Manager Traffic and Transport

PURPOSE:

This matter was considered at the Council Meeting held on 22 November 2010 where it was resolved: -

“That consideration of this matter be deferred to the Council Meeting to be held on 13 December 2010 pending a meeting with the Local Area Commander and officials from the Roads and Traffic Authority with arrangements for the meeting to be left in the hands of the Lord Mayor.”

Further advice will follow via memorandum in relation to the proposed meeting.

To respond to Council’s Resolution of 26 July 2010 regarding a proposed closure of Church Street on Friday and Saturday nights between Phillip Street and Market Street, Parramatta

RECOMMENDATION

(a) That Council note that it can not proceed with the trial part-time closure unless it also has the approval of the RTA.

(b) That due to the RTA’s and Police opposition Council not proceed with the trial part-time closure of Church Street at this point in time.

(c) That Council work with Parramatta Police to facilitate measure to reduce anti-social driving behaviour in the CBD such as Vehicle Defect Operations.

(d) Further, that Council implement a traffic survey to obtain information on the number of motorists undertaking anti-social behaviour in Church Street and report back on the results of these surveys.

BACKGROUND

Council at its meeting held on 26 July 2010 resolved:

(a) That a report be brought forward on closing Church Street between Market and Phillip Streets on Friday and Saturday nights with the aim of having this implemented on a trial basis by December 2010 under an interim arrangement. The report is to include details of consultation undertaken, regulatory approvals that will have been obtained and the cost of closures.

(b) Further, that following implementation of the interim closure a further report should be provided that includes proposals to lease parts of the road closure area to restaurants as a means of funding the closures.

The background information that accompanied the Notice of Motion stated that the popularity of the Church street ‘dining precinct’ had attracted some anti-social driving behaviour along Church Street and that a night time closure of the road would improve the amenity for visitors and potentially increase seating capacity for restaurants.

PUBLIC CONSULTATION

Following the Council resolution of 26 July 2010 Council advertised the trial closure for a period of 28 days (from 11 August 2010 to 8 September 2010) in the Parramatta advertiser and Councils website.

Letters were also sent to emergency service providers (NSW Police, Fire Brigade and Ambulance Service), transport service providers (Sydney Buses, Wesbus and the Taxi Council), Parramatta Chamber of Commerce and businesses and residents within 200m of the affected of the affected area.

Transport NSW, on behalf of Hillsbus, Veolia and Sydney Buses raised objections to the proposal. They indicated that the proposed road closure would re-route bus services and inconvenience bus patrons as they would be required to walk to bus stops located in Wilde Avenue or Church Street north of Victoria Road. Transport NSW also indicated that any financial impact resulting from the re-routing of current bus services is to be funded by Council.

The NSW Fire Brigade advised that that a corridor is to be maintained for emergency vehicle access. According to NSW Fire Brigade guide sheet, an unobstructed corridor 4m wide (preferably 5m) is required for operating fire brigade appliances.

NSW Police Force initially objected to the proposal pending submission of a comprehensive report addressing issues like management of traffic disruptions, access to public transport, emergency access, pedestrian flow/anti congregation plan, responsible service of alcohol, outdoor seating arrangements and road closure. The NSW Police have more recently met with officers of Council and the RTA and have provided further comments discussed later in this report.

REPORT

On 18 October 2010 Council considered a report from the Parramatta Traffic Committee regarding a proposed trial part-time closure of Church Street, between Philip Street and Market Street, for 3 Saturday nights in December 2010. This report mainly dealt with the traffic aspects of the closure including the consultation that had been undertaken. It also included issues regarding cost, outdoor dining, safety and security. The proposal included security staff to help address concerns regarding crime. The report recommended that the trial could proceed on traffic grounds and that it would not be feasible to include outdoor dining in the trial. A memo was also provided to Councillors on the night at the Council meeting advising of the latest information from Police in regards to provision of Vehicle Defect Operations in the Parramatta CBD and crime and security aspects of the proposed closure. The memo indicated that a further report would be provided to Council regarding the trial closure.

The cost of the road closure is approximately $3,000 per night. This includes: delivery, pick up and hire of barricades and signs ($600), 3 traffic control staff for an 8 hour shift ($1,400); 2 security staff for a 6 hour shift ($600); cleaning, including sweeper machine ($400).

The constraints in regards to extended outdoor dining include: an area 4m wide is required for fire and emergency vehicles, existing fences and hedges form a barrier; cars may be parked in the area unless a Special Event Clearway is created at much greater expense; the kerb may be a trip hazard for waiters; the distance from the kitchen to the dining area may become excessive for waiters.

Due to the concerns with the proposal by the NSW Police and the RTA, Council staff met with senior Parramatta Police, including the Commander of the Parramatta Local Area Command, Robert Redfern, and a representative of the Roads and Traffic Authority on 27 October 2010 regarding the proposed closure of Church Street. The Police raise in written correspondence the following concerns regarding the proposal:

(a) International research suggests that the closure of malls and the loss of passive surveillance and monitoring via motor vehicle traffic tend to increase the incidence of crime such as assault, robbery and anti-social behaviour. Crime Prevention by Environmental Design Principles suggests that a shared zone with motor vehicles and pedestrians is less likely to encourage offences of this kind. That was the very basis some years ago for the reopening of the Church Street Mall between George and Phillip Streets. This may be overcome by other environmental design solutions and with high pedestrian traffic flows, however, these are not addressed or contemplated in the current proposal.

(b) If the issue which is trying to be addressed is anti-social behaviour by individuals utilising motor vehicles there is a capacity to address this problem through joint operations including operations with the RTA in the CBD area.

(c) There appears to have been inadequate methodology applied to first identifying the actual problem which exists, (for example anti-social driving), if any, the scope of that problem and the identification of the best possible solution.

(d) While in principal not opposed to any trial, if the trial is to run it should be evidence based. That would require, at a minimum, an appropriate survey completion process to assess any actual problem and the size and scope of the problem; the identification of appropriate comparison data to assess the impact, if any, of the intervention, and a suitable sample size to ensure that the data is reliable. It is accepted that all of this would come at considerable cost. However, if any trial is to be of value these are minimum requirements.

The RTA has also advised that it supports the position of the NSW Police on this matter. It should be noted that Council can not close the road without the concurrence of the RTA.

If Council remains concerned about anti-social driving behaviour in the CBD and more specifically the Church Street dining precent it is recommended that Council can arrange for a traffic survey to obtain information regarding the number of motorists undertaking anti-social behaviour in the restaurant precinct of Church Street as detailed in the Police submission.

Council’s Community Crime Prevention Officer (CCPO) has advised that closing Church Street would not affect other activities associated with the motorists that undertake anti-social driving behaviour in Church Street. These other behaviours include assaults and dangerous driving in other locations. Accordingly, targeting the offenders over a larger area throughout the CBD using programs like Vehicle Defect Operations is supported. The CCPO has also advised that closing Church Street would create a quiet area north of Riverbank Shopping Centre that may become a crime hotspot. It is recommended that Council continue to work with the Police and RTA on carrying out vehicle defect operations in the city centre.

If the level of activity near Lennox Bridge was increased it would improve the level of surveillance in the street and may increase the probability that Police approve the closure in future. In the short term Council could investigate low key entertainment options on the east side of Church Street near Brandsmart (330 Church Street). The entertainment could be in the form of buskers or entertainment paid by Council or the Restaurateurs. Subject to the outcome of the investigation the entertainment could be provided in December 2010.

A part 3a Development Application has also been lodged for a mixed use development at 330 Church street. The development provides an opportunity to provide improved links between the River and Church Street. It also gives an opportunity to provide space that could be used to increase activity in the area and space for entertainment.

Richard Searle

Service Manager Traffic and Transport

Attachments:

There are no attachments for this report.

REFERENCE MATERIAL

Council 13 December 2010 Item 9.2

ENVIRONMENT AND INFRASTRUCTURE

ITEM NUMBER 9.2

SUBJECT Parramatta Cycleway Advisory Committee

REFERENCE F2004/07952 - D01748640

REPORT OF Project Officer

PURPOSE:

To inform Council of the Minutes of the last Parramatta Cycleway Advisory Committee meeting held on the 23 November 2010.

RECOMMENDATION

That Council receives and notes the minutes of the Parramatta Cycleway Advisory Committee of 23 November 2010.

BACKGROUND

1. Parramatta City Council’s Cycleway Committee meets every second month. The Committee currently comprises thirteen members representing various cycling interests.

2. The Committee met on the 23 November 2010. See Attachment 1 for a copy of the minutes.

MAIN DISCUSSION POINTS

3. The Committee Members were given a briefing on the status of the cycle projects being delivered under the 20010/11 capital works program. This includes the 4 federally funded projects.

4. The Committee discussed the success free cycle skill courses which have been held in Parramatta Park. The last of the initial RTA training courses will be on Sunday 28 November 2010. All 2010 training courses have been sold out. The RTA has also given Parramatta City Council additional vouchers for 4 dates in 2011.

5. The www.mybikeroute.info site was discussed. It maps where riders actually ride (informal and formal routes), what improvements are needed, and any hazards. Once complete GTA will send out assessors to survey what can be improved. The information will hopefully be used to create a similar website to 131500 The website only allows for small pieces sections of route to be entered at a time and is not particularly user friendly.

Myfanwy Lawrence

Project Officer, Transport Planning

Attachments:

1 View

Minutes of the Parramatta Cycleways Committee 23 November 2010

4 Pages

REFERENCE MATERIAL

Council 13 December 2010 Item 9.5

ENVIRONMENT AND INFRASTRUCTURE

ITEM NUMBER 9.5

SUBJECT Upper Parramatta River Catchment Trust - Funding to Maintain Flood Mitigation Assets and Services.

REFERENCE F2004/06090 - D01748823

REPORT OF Manager City Assets and Environment

PURPOSE:

The Parramatta River Catchment Trust (UPRCT) is now closed yet still in the process of being abolished a part of the merger with the Sydney Metropolitan Catchment Management Authority (SMCMA).

This report aims to identify the preferred option/s for annual funding of the ongoing maintenance of the flood mitigation assets and services provided by the UPRCT across the four Councils local government areas within the Catchment.

RECOMMENDATION

(a) That Council receives and notes the content of this report.

(b) Further, that the Lord Mayor and Chief Executive Officer be given delegated authority to negotiate an agreed position with the other three Councils within the Catchment to present to the Minister of Water and the Minister for Climate Change and the Environment.

BACKGROUND

1. The Upper Parramatta River Catchment Trust (UPRCT) was established in 1989 to coordinate flood mitigation activities on a catchment-wide basis across the four Council areas of Parramatta, Holroyd, Blacktown and The Hills. The flood mitigation activities were funded by a River Management Service Charge on approximately 90,000 properties in the catchment. Approximately one third of these properties are within the Parramatta LGA. This service charge was collected by Sydney Water on the UPRCT’s behalf. For a residential property the service charge was $20 in 1989, and rose with CPI to $32 in 2006.

2. Since its establishment, the UPRCT has been an effective organisation that has worked cooperatively with the four Councils to reduce many of the major flooding problems throughout the catchment. Collectively the four Councils have invested more than $40M in flood mitigation assets and services, including regional flood retarding basins that provide protection to residents and businesses in downstream local government areas.

3. The largest constructed work is the Loyalty Road Basin which cost $9.2M. This regional facility is located in The Hills Shire Council area with the primary purpose of protecting the Parramatta CBD. Legal advice received is that Loyalty Road Basin is owned by the NSW Government. This structure is critical to providing community safety to the Parramatta CBD in major flood events.

4. The UPRCT has estimated that approximately $440,000 per year is needed to maintain these flood mitigation assets and services. Over a quarter of this amount of $118,000 per year is required to fund the maintenance of the Loyalty Road flood retarding basin to meet statutory obligations under the Dam Safety Act.

5. In 2005, the NSW Government decided that the UPRCT would merge with the Sydney Metropolitan Catchment Management Authority (SMCMA) and in December 2006, the UPRCT service charge stopped and the UPRCT office was closed.

6. However, the UPRCT could not be abolished until sustainable funding to cover the ongoing liabilities is determined. In September 2008, just before the terms of Trustees ended, the UPRCT resolved to seek the Minister’s approval to appoint a two person Board to oversight the merger and abolition of the UPRCT.

7. Many meetings have taken place with participants including Ministers MacDonald, Rees, Tebbut and Costa, the Mayors of the four Councils, the UPRCT Chair, senior UPRCT and Council staff and officers of the Department of Natural Resources and Department of Environment, Climate Change & Water (DECCW) and more recently, the NSW Office of Water. To date there has been no final decision made from these meetings but a number of funding options have been proposed.

ISSUES/OPTIONS/CONSEQUENCES

8. The table below shows the components of the $440,000 required annually to maintain the UPRCT’s assets and services.

UPRCT Annual Maintenance Requirements	Estimated Cost ($)
Onsite Stormwater Detention Policy support, advice	57,000
Onsite Stormwater Detention inspections	91,000
Flood models, GIS maintenance	67,000
Loyalty Road flood basin wall	61,000
Loyalty Road basin bushland	57,000
Asset maintenance co-ordination and asset database	7,000
Data collection	34,000
Flood advice on developments	7,000
Support for Flood Plan and DCP’s including Flood Safe Community flood awareness	19,000
Computers, travel	15,000
Contingency	25,000
TOTAL	440,000

9. Legal advice indicates that the responsibility for the UPRCT’s assets and liabilities would be the responsibility of the SMCMA after the merger, but the SMCMA has no funding allocation from the NSW Treasury to cover these costs.

10. The UPRCT has reduced activities to a minimum in order to reduce the call on these funds which has meant that there has been some short term reduction in the services offered. At the current rate of expenditure, the remaining UPRCT funds can only cover services until February 2011.

11. Also, as an alternate source of funding, under the Cabinet Minute creating the Stormwater Management Service Charge (Stormwater Levy), it was intended that the four Councils be obliged to confer with the SMCMA when preparing works programs. However, the final legislation only required that the Councils refer to the regional Catchment Action Plan. It is understood that all four Councils have their Stormwater Levy in place with a prioritised list of works for the next five years.

12. The five options which have been under consideration to fund the on-going maintenance of the UPRCT’s assets and services are:

Option 1 The State Government provides these funds directly to the SMCMA.

Option 2 SMCMA raise a small service charge ($7 per property per year) on properties in the Upper Parramatta River Catchment under provisions in the Catchment Management Act, or Water Management Act 2000.

Option 3 Increase the current Stormwater Levy (currently capped at $25 per residential property per year) for those properties in the Upper Parramatta River Catchment by Regulation through the Department of Local Government (DLG).

Option 4 The four Councils fund it from their existing Stormwater Levy’s.

Option 5 A combination of one or more of the above.

13. At its meeting on 18 November 2010, the SMCMA Board agreed to accept Option 2 subject to the agreement of both the Minister for Water (responsible for the UPRCT) and the Minister for Climate Change and the Environment (responsible for the SMCMA). The State Government is currently pursuing this option. This will include confirming whether there are any legal impediments to the SMCMA being a Water Supply Authority.

14. At the time of writing this report, the Mayor and senior staff of Holroyd City Council were to meet with Minister Costa (Minister for Water) on Wednesday 1 December 2010, to progress a unified way forward.

15. Councillors will be advised of the outcome of these discussions, separate to this report, prior to our Council meeting on the 13 December 2010.

16. Subject to the outcome of the meeting with Minister Costa, Council has the option to either support Option 2 being an additional service charge of $7 per residential property per year via the SMCMA or pursue another alternative.

17. Option 5 suggests a combination of the funding options. All four Councils agree that the State Government as owner of the Loyalty Road Basin should continue to maintain it as a minimum, requiring $118,000 per year. The remaining balance of funding required $322,000 per year could then be distributed amongst the four Councils resulting in a contribution of approximately $80,000 to $100,000 per year for Parramatta Council. This, however, will require all four Councils to agree on this option.

CONSULTATION & TIMING

18. The UPRCT / SMCMA has consulted with the four Councils on the above option/s.

19. This report has been prepared in consultation with Council’s City Assets & Environment and Environmental Outcomes teams and discussion with the Lord Mayor.

FINANCIAL IMPLICATION FOR COUNCIL

20. Parramatta City Council currently generates $1,259,000 per year from its Stormwater Management Service Charge (Stormwater Levy) with Council resolving to spend these funds on a combination on stormwater / drainage maintenance, asset data capture and monitoring. The potential contribution of up to $100,000 per year towards the cost of maintaining the UPRCT’s assets and services could be funded through this program, although it would require a reprioritising of the existing program of works. Alternatively, if a new River Service Charge was agreed to and approved by the NSW State Government, then SMCMA would meet these costs through a small charge on all residents of the Upper Parramatta River Catchment.

Jim Stefan

Manager City Assets and Environment

Attachments:

There are no attachments for this report.

REFERENCE MATERIAL

Council 13 December 2010 Item 10.1

COMMUNITY AND NEIGHBOURHOOD

ITEM NUMBER 10.1

SUBJECT IT Community Capacity Building Project

REFERENCE F2010/02185 - D01744726

REPORT OF Grants Project Officer

PURPOSE:

To seek Council’s endorsement of the IT Community Capacity Building project recommendations.

RECOMMENDATION

(a) That Council adopts the recommended allocation of personal computers (PCs) to local not-for-profit organisations as outlined in Attachment 1.

BACKGROUND

1. I.T. infrastructure has been identified as a limitation amongst small to medium non-for-profit organisations and each year Parramatta City Council’s Community Grants program receives a number of grant applications requesting funding to purchase computers.

2. On the 23 August 2010, Council approved a proposal to proactively enhance local service delivery and facilitate the community sector’s engagement with the ParraConnect Initiative by running a one-off project to supply 30 re-furbished PCs from WorkVentures to local not-for-profit organisations, under the WorkVentures’ Connect IT program (Attachment 2).

3. Connect IT offers quality refurbished PCs at affordable prices to people on Centrelink benefits or who are low income earners, schools and not-for-profit organisations. Corporations like The Westpac Group and government departments donate superseded PCs, which are refurbished and loaded with Microsoft Windows XP Professional and Microsoft Office 2007.

4. The IT Community Capacity Building Project was promoted in the following ways:

(i) Parramatta Sun and Parramatta Advertiser on Wednesday 22 October

(ii) The current version of the Community Capacity Building Newsletter, the CCB Update

(iii) Bulk emails to approximately 164 community representatives, community groups and not-for-profit organisations

5. The application period opened on Friday 15 October 2010 and closed 4pm Thursday 28 October 2010.

6. 25 applications were received requesting 108 PCs.

7. An eligibility meeting was held on Monday 1 November 2010 attended by staff from Council’s Community Capacity Building Team to check the applications against the criteria as outlined in the application form (Attachment 3) which included:

(i) The organisation is located in or primarily seeks to benefit residents of the Parramatta Local Government Area

(ii) Applicant is a Not-For-Profit organisation

(iii) The PC/s must be available in a location that is accessible to the whole organisation

(iv) Applicant must have or be able to obtain appropriate insurance to cover the PC/s e.g. Public Liability Insurance

(v) The organisation must be open to the general community without discrimination in accordance with the Anti-Discrimination Act

(vi) Annual turnover of the organisation will be considered

8. An assessment panel was held with Arsenio Alegre, CEO of WorkVentures and Sue Coleman, Group Manager City Services (Parramatta City Council CEO’s delegate) on Tuesday 2 November 2010 (Lord Mayor was unable to attend). The assessment panel gave priority to applications that were requesting PCs to build the organisation’s capacity and enhance service delivery and where organisations will use PCs immediately for client access and programs.

9. On Monday 22 November 2010, a report recommending the allocation of PCs to local not-for-profit organisations was presented for Council consideration. The matter was deferred to the next Council Meeting to allow Councillor input to be received on allocation of resources to bodies outside the LGA. It was resolved that the Lord Mayor and Councillors Lim, McDermott and Maitra form a team to review the proposed allocations. A meeting with the nominated Councillors will be held in early December.

ISSUES/OPTIONS/CONSEQUENCES

10. A review of the assessment outcomes indicated that the recommended PC allocations are evenly split between the primary purpose being to support the capacity of the organisations and building on or expanding existing services offered to clients and community. Recommendations for the allocation of PCs are outlined in Attachment 1.

CONSULTATION & TIMING

11. A meeting will be scheduled for early December to enable the Lord Mayor and Councillors Lim, McDermott and Maitra to consider the proposed allocations. This report has been prepared ahead of that meeting in order to form part of the business paper for Council’s December meeting.

12. Once Council determines the allocation of PCs, all Councillors will be forwarded an invite to attend a presentation ceremony in February 2011 to present successful applicants with a software and installation package.

13. The PCs will be distributed in February 2011.

FINANCIAL IMPLICATION FOR COUNCIL

14. The total cost of purchasing the 30 PCs is $13,350 including GST and delivery. At the Council Meeting on 23 August 2010 Council resolved to approve this expenditure from the Community Capacity Building Team’s operational budget.

15. No additional funding is required to implement the recommendations of this report.

Rebekah Richards

Grants Project Officer

Attachments:

1 View	Attachment 1 - IT CCB Project Recommendations	4 Pages
2 View	Attachment 2 - Local Non Profit IT Capacity Building Project	4 Pages
3 View	Attachment 3 - IT CCB Project Application Form	4 Pages

REFERENCE MATERIAL

Council 13 December 2010 Item 10.2

COMMUNITY AND NEIGHBOURHOOD

ITEM NUMBER 10.2

SUBJECT Access Advisory Committee New Member Recommendations

REFERENCE F2005/01944 - D01739855

REPORT OF Community Capacity Building Officer.Community Capacity Building

PURPOSE:

Council has received two Expressions of Interest (EOI) for membership of the Access Advisory Committee. This report provides recommendations on the EOIs for Council’s consideration.

RECOMMENDATION

(a) That Hamish Murray be accepted as a member of Council’s Access Advisory Committee.

(b) That Joe Dimech be accepted as a member of Council’s Access Advisory Committee.

BACKGROUND

1. Parramatta City Council’s Access Advisory Committee continues to meet bi-monthly in accordance with the Council Resolution of 28 September 2009. The Terms of Reference for the Committee requires that members of the public interested in joining the Committee complete the Expression of Interest Form – ACCESS COMMITTEE and should meet the Selection Criteria established in the Terms of Reference. The Terms of Reference also requires that EOIs are assessed against the Selection Criteria by an inter-departmental panel of three Council Officers.

2. Selection Criteria for membership under the current Terms of Reference for the Access Committee is as follows (Section 3):

“Applicants must meet at least one of the following criteria:

3.1 People with a disability who live, work or study in Parramatta LGA

3.2 People employed by a disability service provider in the Parramatta LGA

3.3 People with a demonstrated qualification/ competency/ knowledge of legislative requirements such as the Disability Discrimination Act 1992

NB: The Selection Panel will take into account the need for representation from people with different disabilities on the Access Advisory Committee”

3. There is currently no limit to the number of members of Council’s Advisory Committees.

4. The current Committee members are as follows:

John Moxon, Northmead

Deborah Manuel, North Parramatta

James Grainda, Granville

Leonie Clarke, Oatlands

Duy Quang Nguyen, Yagoona

Barbara Jones, Oatlands

Peter Simpson, Wentworthville.

MAIN DISCUSSION POINTS

5. Hamish Murray of Glenhaven and Joe Dimech of Parramatta both attended Council’s 19 October 2010 Access Advisory Committee meeting as guests. Following this meeting, both submitted EOIs for being members of the Committee as required by the Terms of Reference for the Access Committee.

6. An inter-departmental panel was established by Council Officer Tanya Owen to review the submitted EOIs per the Terms of Reference. Council Officers Donna Mosford – Social Outcomes and Moana Keepa – Recreation Services were asked to join the panel due to their experience with access related issues and the EOI process. The Council Officers separately reviewed the EOIs, graded the responses against the Selection Criteria, and made recommendations. The final recommendations are the combined result of those made by the three Council Officers, and were unanimous.

7. The inter-departmental panel agreed in recommending Hamish Murray to be a member of the Access Advisory Committee. Mr Murray meets the selection criteria in that he works in the Parramatta LGA for a disability service, and also has personal experience with disability access issues.

8. The inter-departmental panel agreed in recommending Joe Dimech to be a member of the Access Advisory Committee. Mr Dimech meets the selection criteria in that he is a local resident of the Parramatta LGA and has personal experience with disability access issues.

FINANCIAL IMPLICATION FOR COUNCIL

6. There are no financial implications for Council

Name Tanya Owen

Title Community Capacity Building Officer

Attachments:

REFERENCE MATERIAL

Council 13 December 2010 Item 11.1

GOVERNANCE AND CORPORATE

ITEM NUMBER 11.1

SUBJECT Request to Purchase Portion of Adjoining Road Reserve in Megan St Telopea

REFERENCE F2004/07158 - D01728412

REPORT OF Property Program Manager

PuRPOSE:

The purpose of this report is to recommend that Council approve an application being made to the NSW Land and Property Management Authority for the closure of part of a public road in Telopea with a view to selling it to an adjoining owner. The subject part of the road is no longer required due to the strata development which faces Pennant Hills Road (No`s 230-234) and has access off Megan Place.

RECOMMENDATION

(a) That Council approve in principle the proposed closure of the subject part of Megan Street Telopea.

(b) That an application be made to the NSW Land and Property Management Authority to close that part of Megan Place Telopea as indicated generally at Attachment 1.

(c) That the Lord Mayor and Chief Executive Officer be authorised to execute all required documents under seal including the linen plan, the Section 88B instrument if required and deed of agreement for road closure.

(d) Further, that a further report be submitted to Council to determine the compensation to be sought for the sale of the subject portion of the road.

BACKGROUND

1. By way of letter dated October the owner of 6 Megan Street enquired about the possibility of acquiring part of the road reserve adjoining his property at 6 Megan Street Telopea.

2. The location of the subject road can be seen at Attachment 1 while a sketch plan of the possible road closure can be seen at Attachment 2.

3. The road pattern for Megan Place (previously Anne Street) provided for a cul-de-sac type bubble at the 90 degree bend as shown in the attachments. The approval of the strata development facing 230-234 Pennant Hills Road resulted in buildings be erected over the head of the proposed cul-de-sac and permitted access to Megan Place through the south west corner of the development site between house numbers 6 and 12. This rendered the balance of the bubble surplus to Council requirements.

4. Consequently the subject part of the road reserve, estimated to be about 175 sqm, but subject to survey, is surplus to Council`s requirements.

5. The owner of house number 6 states that he has maintained the road reserve adjacent to his property for some time and is now interested in purchasing it.

ISSUES/OPTIONS/CONSEQUENCES

6. The subject land is part of a public road. Accordingly for any sale to take place it would be necessary for the relevant part of the road to be closed, a new title issued, a sale to take place and for the two lots to be consolidated.

7. It is good practice for these types of transactions to be formally embodied in an agreement (drawn by Council`s solicitor) which incorporates amongst other things:

§ a recognition that there is a road closure process required whereby the NSW Land and Property Management Authority (LPMA) (formerly known s the Department of Lands) is the determining authority

§ subject to the above-mentioned application being successful, a new title for the part of the road to be closed would be created

§ agreement on the sale price for the closed road (based on valuation)

§ a requirement that the purchaser meet any servicing authority costs (eg Sydney Water, Telstra etc, if any (unknown at this time)

§ in addition that the purchaser also meet the various costs payable in respect of the road closure application, plan creation and registration, valuation, legal and lot consolidation (unknown at this time)

§ the portion of road to be closed would be limited generally to the area in front of the owner`s property.

8. Accordingly a formal permanent road closure under Roads Act 1993 is required to remove the public road status of this land parcel. It would be necessary also, upon formal road closure, for Council to classify this land parcel to operational under the Local Government Act 1993 to facilitate the sale.

9. Council’s approval in principle for the matter to proceed is now sought in order to begin the process.

10. The recommendation will be framed accordingly

CONSULTATION & TIMING

11. Consultation has taken place with Traffic and Transport and the Land Use Units who have no objections to the closure.

FINANCIAL IMPLICATION FOR COUNCIL

12. All costs in achieving the closure will be met by the applicant and Council will receive compensation for the closure should the application be approved and the matter brought to a conclusion.

Paul Burne

Property Program Manager

Attachments:

1 View	Attachment 1 - general location plan	1 Page
2 View	Attachment 2 - sketch plan	1 Page

REFERENCE MATERIAL

Council 13 December 2010 Item 11.2

GOVERNANCE AND CORPORATE

ITEM NUMBER 11.2

SUBJECT 2011 Floodplain Management Conference - 22 - 25 February 2011 - Tamworth

REFERENCE F2010/00127 - D01730458

REPORT OF Acting Manager Executive Support

PURPOSE:

This report is being placed before Council to seek the appointment of one (1) Councillor i.e. Lord Mayor or nominee, to attend the 2011 Floodplain Management Conference in Tamworth from 22 – 25 February 2011.

RECOMMENDATION

(a) That in line with Council Policy for a Category ‘C’ Conference, one (1) Councillor i.e. Lord Mayor or nominee, should be nominated to attend the 2011 Floodplain Management Conference in Tamworth from 22 – 25 February 2011.

(b) Further, that delegate registration be paid from account number 10.1260.712.644405.00000.0000.

BACKGROUND

1. Tamworth is a beautiful, vibrant and prosperous regional city approximately 500 kilometres north of Sydney and 600 kilometres south of Brisbane, which covers nearly 10,000 square kilometres and is home to around 50,000 people in the region. Tamworth is the ‘Capital City’ of the New England North West region of NSW, servicing around 182,000 people. Tamworth is the hub of a regional council area surrounded by the localities of Barraba, Manilla, Bendemeer and Nundle and makes up an area about three times the size of Sydney basin or about the same as Lake Eyre. The Tamworth region is one of the most progressive and exciting places in inland Australia combining country living with city style, history, sport and culture. The retail industry is one of the largest employers for the area and the range of products and services available compares favourable with cities

2. The conference will not just be about emerging issues in floodplains management, but will be a balanced discussion of practical, on-ground floodplain management and the policies and programs that impact on floodplain management across New South Wales, Australia and the globe.

CONSULTATION & TIMING

3. Please note that the report is being tabled at this meeting to ensure all bookings are able to be made prior to the Christmas break, thereby ensuring adequate choice of accommodation, concurrent sessions etc.

FINANCIAL IMPLICATION FOR COUNCIL

4. The cost for attendance at this conference including registration, accommodation, travel and out-of-pocket expenses will be approximately $3000 per delegate.

M’Leigh Dickie

A/Service Manager – Councillor Support

Attachments:

There are no attachments for this report.

Council 13 December 2010 Item 11.3

GOVERNANCE AND CORPORATE

ITEM NUMBER 11.3

SUBJECT Schedule of Council Meetings for 2011

REFERENCE F2004/08629 - D01732784

REPORT OF Team Leader Council Support

PURPOSE:

This report is placed before Council to seek adoption of the Council Meeting dates for 2011.

RECOMMENDATION

That the following Council Meeting dates for 2010 be adopted:-

Monday, 14 February 2011

Monday, 28 February 2011

Monday, 14 March 2011

Monday, 28 March 2011

Monday, 12 April 2011

Tuesday, 26 April 2011 (Note: Monday 25 April 2011 is Anzac Day and Easter Monday Public Holiday)

Monday, 9 May 2011

Monday, 23 May 2011

Tuesday, 14 June 2011 (Note: Monday 13 June 2011 is Queen’s Birthday Holiday)

Monday, 27 June 2011

Monday, 11 July 2011

Monday, 25 July 2011

Monday, 8 August 2011

Monday, 22 August 2011

Monday, 12 September 2011

Monday, 26 September 2011

Wednesday, 28 September 2011 – Special Council Meeting – Election of Lord Mayor

Monday, 10 October 2011

Monday, 24 October 2011 (Note: LGA Conference being held from 23 – 26 October)

Monday, 14 November 2011

Monday, 28 November 2011

Monday, 5 December 2011

Monday, 12 December 2011

BACKGROUND

1. In accordance with Council’s adopted meeting cycle, the Council meets on the 2^nd and 4^th Monday of each month. The first meeting of the month is dedicated to Development Applications whilst the 2^nd meeting deals with all other pillars.

2. Council has historically moved into recess over Christmas/New Year for a period between the last meeting in December and the first meeting in February the following year.

ISSUES/OPTIONS/CONSEQUENCES

3. A Mayor elected by the Councillors holds office for 1 year with the current Lord Mayor having been elected on 29 September 2010. The Lord Mayor has been consulted and he wishes to hold the next Lord Mayoral election on Wednesday, 28 September 2011.

4. Council should also note that the next Local Government Association Conference will be held in Shoalhaven from 23 to 26 October 2011. As Council may nominate up to 5 Councillors to attend this conference and as the Conference conflicts with the 4^th Monday of the month, Council may wish to alter the date of the meeting proposed for 24 October 2011.

5. Due to the proximity of Christmas, meetings have also been proposed for 5 and 12 December 2011. Council may wish to alter these meeting dates to 12 December and 19 December 2011.

CONCLUSION

6. That Council adopt the proposed dates for Council Meetings to be held in 2011.

Grant Davies

Team Leader – Council Support

Attachments:

There are no attachments for this report.

REFERENCE MATERIAL

Council 13 December 2010 Item 11.4

GOVERNANCE AND CORPORATE

ITEM NUMBER 11.4

SUBJECT Delegation of Authority to the Lord Mayor and Chief Executive Officer During the Christmas/New Year Period

REFERENCE F2004/07400 - D01739900

REPORT OF Team Leader Council Support

PURPOSE

To give joint delegation of authority to the Lord Mayor and Chief Executive Officer to enable important and urgent matters, including development applications, to be dealt with during the Christmas/New Year Recess period.

Recommendation

That the Lord Mayor, Councillor J Chedid and the Chief Executive Officer be delegated joint authority under Section 377 of the Local Government Act, 1993, for the period Tuesday, 14 December 2010, until Friday, 11 February 2011, to deal with important or urgent business of the Council including the determination of development applications subject to:-

1 Notice of the business to be determined under delegation being provided to all Councillors at least three (3) days prior to the Delegated Authority Meeting.

2 Prior to any item being considered at the Delegated Authority Meeting, any Councillor be permitted to refer such item to full Council for consideration.

3 The Minutes for all of the business dealt with under delegation over this period being submitted to the Council Meeting on 14 February 2011.

BACKGROUND

1. To maintain and continue a smooth operation within Council, it is proposed that the Lord Mayor and Chief Executive Officer be authorised to deal with important matters of business of Council for the period from 14 December 2010 to 11 February 2011, being the period between the last meeting of Council in 2010 and the first meeting in 2011.

2. A similar delegation has been given in previous years with the proviso that Councillors be given the opportunity to refer any item listed at a Delegated Authority Meeting to full Council for consideration.

3. Items of business for consideration at Delegated Authority Meetings by the Lord Mayor and Chief Executive Officer will be prepared and minutes of decisions will be provided for Councillors' information at the Council Meeting to be held on 14 February 2011.

CONSULTATION & TIMING

4. The delegation is exercised jointly and approval of both the Lord Mayor and the Chief Executive Officer is required for the delegation to be effected.

5. Decisions taken by the Lord Mayor and Chief Executive Officer under delegated authority cannot be revoked by Council and reporting of the decisions is part of a process which provides transparency and accountability.

Grant Davies

Team Leader – Council Support

Attachments:

There are no attachments for this report.

REFERENCE MATERIAL

Council 13 December 2010 Item 11.5

GOVERNANCE AND CORPORATE

ITEM NUMBER 11.5

SUBJECT Investments Report for October 2010

REFERENCE F2009/00971 - D01745143

REPORT OF Manager Finance

PURPOSE:

To inform Council of the investment portfolio performance for the month of October 2010.

RECOMMENDATION

That Council receives and notes the investments report for October 2010.

BACKGROUND

1. In accordance with clause 212 of the Local Government (General) Regulation 2005, a report setting out details of all money invested must be presented to Council on a monthly basis.

2. The report must include a certificate as to whether or not the investments have been made in accordance with the Act, the Regulations and the investment policy of Council.

ISSUES/OPTIONS/CONSEQUENCES

3. The closing balance of Council’s investment portfolio as at the 31st October 2010 was $73.2M (Previous Month $77.9M).The weighted average Funds held throughout the period was approximately $77.1M.

4. Councils overall investment holdings decreased by approximately $4.7M due to regular payroll and accounts payable outflows. The next rates instalment is not due until 30^th November 2010.

5. Council holds a diversified range of investment products which include:

· Managed Funds

· Term Deposits (Including Investment – Loan offsets)

· Floating Rate Notes

· Cash at call

· Senior Debt Bonds

Council engages CPG Research and Advisory for assistance in all investment matters relating to advice, risk and portfolio weighting.

6. The weighted average interest rate on Council’s investments for the month of October 2010 versus the UBSA Bank Bill Index is as follows:

Monthly Annualised

Total Portfolio 0.57% 6.79%

Funds Managers 0.72% 8.65%

UBSA Bank Bill Index 0.42% 5.06%

Councils Financial Year to Date return is 6.67% versus the UBSA bank bill index of 4.35%

NB: Annualised rates are calculated on a compounding basis assuming that the interest returns are added to the initial investment amount and reinvested

7. Council’s overall portfolio continued to outperform the UBSA Bank Bill Index by approximately 1.73%. The favourable return can be attributed to the managed fund portfolio which had an overall performance of 8.65%. Both CFS Global and T Corp reported annualised monthly returns ranging from 13% to 16%.

8. Term deposits make up 47.16% of total holdings and range from 5.79% to 7.40%. Terms to maturity fall between 30 days & 3 years.

9. The following details are provided on the attachments for information:

Graph – Comparison of average funds invested with loans balance

Graph – Average interest rate comparison to Bank Bill Index

Graphs – Investments and loans interest compared to budget

Summary of investment portfolio

10. The Certificate of Investments for October 2010 is provided below:

Certificate of Investments

I hereby certify that the investments for the month of October 2010 have been made in accordance with the Act, the Regulations and Council’s Investment Policy.

11. There is no standard report attachment - detailed submission - attached to this report.

Alistair Cochrane

Manager Finance

Attachments:

1 View	Investments & Loans - Performance	1 Page
2 View	Summary of Investments Portfolio	2 Pages

REFERENCE MATERIAL

Council 13 December 2010 Item 11.6

GOVERNANCE AND CORPORATE

ITEM NUMBER 11.6

SUBJECT Renaming a small part of Grose Street, North Parramatta to Eels Place, North Parramatta

REFERENCE F2006/00231 - D01748904

REPORT OF Property Officer.GIS/LIS

PREVIOUS ITEMS 12.1 - Proposal to rename a small part of Grose Street, North Parramatta to Eels Place, North Parramatta - Council - 27 September 2010

PURPOSE:

To present to Council the results of a recent community consultation about the proposed renaming of Grose Street, North Parramatta, west of O’Connell Street, to Eels Place, North Parramatta

RECOMMENDATION

That the proposal be approved and moved forward according to Council’s “Street Naming Procedure”, section 1.5.6(b) “Determination to Proceed – Advertise Proposal”. Following is the list of actions to be carried out once it is approved by the Council.

(a) Council to serve notice to Information Sourcing at Land and Property Management Authority NSW,allowing one month for a submission period.

(b) Council to serve notice to the following persons or bodies, allowing one month for a submission period (ensure that the notice states that written submissions on the proposed name may be made to the Council):

· Australia Post

· the Registrar-General (covered by notification to Land and Property Management Authority NSW)

· the Surveyor-General (covered by notification to Land and Property Management Authority NSW)

· the Chief Executive of the Ambulance Service of NSW

· New South Wales Fire Brigades

· the NSW Rural Fire Service

· the NSW Police Force

· the NSW State Emergency Service

· the New South Wales Volunteer Rescue Association Incorporated

· in the case of a classified road – the RTA

The proposed name also needs to be advertised locally. Wherever practical, this should not be undertaken prior to receiving correspondence from the Land and Property Management Authority NSW that there are no objections to the proposed name.

(d) Council to advertise proposed name on Councils website.

(e) Council to notify any affected residents and/or property owners of proposed name.

BACKGROUND

1. History as presented on the at the Council meeting on Monday 27^th September 2010 : -

The Parramatta Leagues Club’s Official address is 13-15 O’Connell Street, North Parramatta. Yet the main entrance of the home of the Parramatta Eels is via Grose Street.

It is proposed that the small part of Grose Street, West of O’Connell Street, be renamed Eels Place. Currently, this part of Grose Street is only use by the Parramatta Leagues Club, the Parramatta Stadium and the Northcott Disability Services. It is of note that the Northcott Disability Services official address is 1 Fennell Street, North Parramatta.

Appended as Attachment 1 is map highlighting the proposed section to be renamed.

ISSUES/OPTIONS/CONSEQUENCES

2. No foreseeable issues with the street renaming. The only other affected business is Northcott Disability Services, which only backs onto Grose Street; it does not use Grose Street as its Official address.

CONSULTATION & TIMING

3. Northcott Disability Services advised on 25^th October and given 4 weeks notice to make a response. No response received.

4. Written support has been received from the board of the Parramatta Leagues Club via their Chief Executive Officer.

FINANCIAL IMPLICATION FOR COUNCIL

5. Government Gazette and Local Newspaper advertising costs.

6. Street sign replacement/amendment costs

Melanie Letford

Property Officer

Attachments:

1 View	Grose Street Map	1 Page
2 View	Map highlighting the proposed section to be renamed	1 Page

REFERENCE MATERIAL

1 View	Parramatta Traffic Committee meeting minutes held 30 September 2010	7 Pages
2 View	Responses from residents	8 Pages