Agenda of Delegated Authority Council Meeting

Delegated Authority Council Meeting 13 January 2011 Item 1.1

MINUTE OF LORD MAYOR

ITEM NUMBER 1.1

SUBJECT Queensland Flood Relief Assistance

REFERENCE F2008/04592 - D01826726

REPORT OF The Lord Mayor

PURPOSE:

To contribute towards the national Queensland flood relief effort through a donation to the Rockhampton Regional Council and local fundraising activities.

Recommendation:

(a) That Council make a donation to the Rockhampton Regional Council to assist with the provision of essential flood relief activities.

(b) Further, that Council consider initiating and supporting local fundraising in partnership with registered charities to assist those impacted by the Queensland floods.

BACKGROUND

1. The Queensland Premier, Anna Bligh, recently estimated the cost of the damage from the Queensland floods at five billion dollars ($5b). This includes significant damage to public infrastructure as well as private property and commercial activities including crop and stock losses.

2. Tragically, there have also been nine confirmed deaths from drowning during this flood with victims ranging in age from 15 to 81 years.

3. The impact on families throughout the enormous flood affected region cannot be underestimated and it is recognized that the recovery will take persistent and united efforts.

4. One of the areas hardest hit by the floods is the city of Rockhampton. The Fitzroy River peaked at more than 9m on Wednesday 5 January 2011 with some families fleeing to the Council’s evacuation centre and many more waiting for the waters to recede so that they can begin the clean up and assess the damage to their homes and businesses.

5. In addition to dealing with the immediate impact of the flood damage, the Rockhampton Regional Council Mayor, Cr Brad Carter, has called for a new flood-proof road and rail corridor to be built through the city to ensure that essential supplies can get through to northern Queensland at all times.

6. It is proposed that Parramatta City Council focuses its contribution by providing a donation to assist the Rockhampton Regional Council with its flood relief activities.

7. In addition to a donation, it is proposed that local community members are also encouraged to join the Council in supporting the impacted Queensland community.

8. Further fundraising activities will be considered, including a sausage sizzle, with all donations received going towards the victims of the Queensland floods.

Councillor John Chedid

LORD MAYOR

PARRAMATTA

Attachments:

There are no attachments for this report.

REFERENCE MATERIAL

Delegated Authority Council Meeting 13 January 2011 Item 2.1

REPORTS

ITEM NUMBER 2.1

SUBJECT Alcohol Free and Prohibited Zones - Around Church Street Mall

REFERENCE F2004/09185 - D01821139

REPORT OF Manager Regulatory Services

PURPOSE:

The purpose of this report is to consider upgrade of signage within The Church Street Mall area to assist in the enforcement of antisocial behaviour.

RECOMMENDATION

(a) That legal advice be sought from General Counsel regarding the land known as195A on the corner of Church and Macquarie Street, 195 Church Street and the area around the St John’s Cathedral for declarations under Chapter 16, Part 2 section 632A or part 4 of the LGA.

(b) That Council write to the NSW Police under section 632A (8) requesting approval to declare the public land surrounding the Town Hall between Church Street and Civic place, 176A and 188A Church street declared as Alcohol Prohibited Areas.

Upon approval from the NSW Police, signs be erected in accordance with section 632A(7) of the Local Government Act and the NSW Police be advised in writing when the signs have been erected.

(c) Further, that the NSW police be requested to work with Council, including regular joint operations with the Community Safety Officers, to address the issues of anti social behaviour in the area of the Church Street Mall.

BACKGROUND

1. A review has been undertaken of the legislation and signage in regard to Alcohol-Free Zones and Alcohol Prohibited Areas within the area known as The Mall including Darcy Street and Church Street.

2. Alcohol free Zones and Prohibited areas are controlled under the Local Government Act. Alcohol -Free Zones are controlled through Chapter 16, Part 4 of the LG Act and specifically deal with roads and road related areas including footpaths and public parking areas. Prohibited areas are controlled through Chapter 16, Part 2, section 632A of the Act relating to public areas that include public lands such as parks reserves and the like.

3. The Mall area including Darcy Street currently has an existing enforceable Alcohol Free Zones under Chapter 16 Part 4 of the LGA (Attachment 1) that includes;

(a) Zone 1 Parramatta

(b) Parramatta Mall, between Darcy Street and George Street.

(d) Station Street, Parramatta, between Darcy Street and Parkes Street.

(e) Hassall Street, Parramatta between Station Street and Charles Street.

ALCOHOL PROHIBITED AREAS

4. Chapter 16, Part 2, Section 632A (4) of the Act enables Councils to declare any public place or part of a place to be an Alcohol Prohibited Area. Adequate signs must also be erected by Council that the consumption of alcohol is prohibited in that public place under section 632A (7).

THE MALL AREA

5. The area known as the Church Street Mall consists of a number of parcel of lands as identified below and Attachment 2. It is proposed to declare following parcels of land as Alcohol Prohibited Areas with appropriate signage to support the existing Alcohol-Free Zones:

· The land surrounding the Town Hall and Council building between the library and Church street known as Civic place and 176A Church Street;

· The two parcels of land identified as 188A located on the eastern intersection of Church Street and Macquarie Street, however this land can also be considered as road related areas due to the footpath area extension of the road in the creation of the mall. The land was previously used for road related uses as indicated in the aerial maps going back to 1943 and as such could still be considered as Alcohol-Free Zones with the existing signage.

6. The land identified as 195A is owned by the Department of Lands and can be considered public land and an extension of the road footpath area similar to 188A Church street further legal advice will be required from General Counsel regarding this matter or if the land can be declared a prohibited area under section 632A.

7. The land identified as 195 Church Street, St Johns Church is owned by the Trust for the Anglican Diocese of Sydney and is not public land for the terms of section 632A of the Act. Further legal advice would be obtained from General Counsel regarding the potential to have this land declared either alcohol free (as a road related area) or alcohol prohibited (as public land as the Council maintains this land).

OFFENCES AND PENALTIES

8. There have been recent amendments to the Local Government Act (6 December 2010), which have changed the way Alcohol Free or Alcohol Prohibited Areas are enforced.

9. Consistent with Alcohol-Free Zones, on the spot monetary penalties no longer apply in relation to the consumption of alcohol in an Alcohol Prohibited Area. Instead, confiscation and ‘tip out’ powers apply to Alcohol Prohibited Areas and Alcohol Free Zones (as currently exist).

10. It is noted that in circumstances where a person does not cooperate with a request to hand over alcohol in an Alcohol Prohibited Area or Alcohol-Free Zone, they can be charged with obstruction under the Local Government Act 1993, which carries a maximum penalty of $2,200. This requires prosecution in Court.

11. Due to the difficulties in Council regulatory staff enforcing these requirements, both from an OH&S requirement and potential conflict with people disregarding directions it is recommend that Council work with the police to enforce these requirements of the legislation.

WHO MAY CONFISCATE AND TIP OUT ALCOHOL IN AN ALCOHOL PROHIBITED AREA

12. Consistent with the Alcohol-Free Zone provisions, Police and authorised enforcement officers have the power to tip out or otherwise confiscate alcohol being consumed in an Alcohol Prohibited Area.

PROCESS FOR DECLARATION OF ALCOHOL PROHIBITED AREAS

13. The process to declare a public place under section 632A of the LGA Act requires Council to write to the NSW Police for approval to declare the area as an alcohol prohibited area. Once approval has been granted, Council can then erect signs under section 632A(7).

OTHER ACTIONS

14. Council has previously offered the NSW Police a shop front in the Mall in one of the shops in Connection Arcade. It may be opportune to make this offer again.

15. Some of the anti-social activity extends from the Mall into Darcy Street and consideration should be given to improving Darcy Street signage up to the Sydney Water Building as this is an existing Alcohol Free Zone.

FINANCIAL IMPLICATION FOR COUNCIL

16. There are minor financial implications associated with the new signage for the proposed areas. There are approximately 10 new signs that would be required for this area. The land is owned by Council and the asset owner would be responsible for the associated cost. The existing Alcohol free zone signs can be relocated with the existing Darcy Street Alcohol-Free Zone area.

Laurie Whitehead

Manager Regulatory Services

Attachments:

1 View	Existing Alcohol-Free Zones	1 Page
2 View	Site Map	1 Page
3 View	Regulation	2 Pages

Delegated Authority Council Meeting 13 January 2011 Item 3.1

DOMESTIC APPLICATION

ITEM NUMBER 3.1

SUBJECT 55A Constitution Road, CONSTITUTION HILL
(Lot 1 DP 1150878) (Arthur Phillip Ward)

DESCRIPTION Subdivision of an existing battleaxe allotment to create 2 Torrens Title lots.

REFERENCE DA/812/2010 - Submitted 15 October 2010

APPLICANT/S A Hakim

OWNERS G Hakim

REPORT OF Manager Development Services

DATE OF REPORT 29 DECEMBER 2010

REASON FOR REFERRAL TO COUNCIL

The application has been referred to Council due to the nature of the application (variation from policy).

EXECUTIVE SUMMARY

The application seeks approval for the subdivision of an existing battleaxe allotment (known as 55A Constitution Road) to create 2 Torrens Title lots, being Lot 551 and Lot 552.

Proposed Lot 551 is to be rectangular in shape and is to comprise an area of 1021m² inclusive of the battle- axe handle and 759m² when the battle axe handle is excluded.

Proposed Lot 552 is generally triangular and is to comprise an area of 670m². This lot does not technically comprise a battle-axe handle but is accessed via a right-of-carriageway over Lot 551 accessed from Constitution Road.

A concrete access driveway is proposed to service both new lots. This driveway will have a width of 3.62m. No trees are to be removed as part of the development,

The proposal does not include the construction of buildings on the two proposed allotments although indicative building platforms have been submitted with the application. No excavation or retaining works for building platforms are proposed under this application, apart from those associated with the driveway construction.

Whilst the subdivision of land is permitted with consent in PLEP2001, DCP2005 strongly discourages multiple subdivision of battleaxe allotments and accordingly this application seeks to vary this policy standard. The approval of the proposed subdivision is supported in this case as the subdivision represents an orderly and economic redevelopment of a large parcel of land in metropolitan Sydney.

The proposed lots meet the subdivision standards of Parramatta LEP2001. The additional allotment is not likely to result in any adverse traffic impacts and safety issues associated with the driveway can be resolved through the provision of a passing bay and mirrors in the driveway. It is also considered that the resultant pattern of development will be consistent with that of adjoining properties.

It is noted that the previous owner of the parent allotment and current owner of No.55 Constitution Rd sought prelodgement advice on 6 February 2004 regarding a 3 lot subdivision. The advice provided was that the planning controls that applied at the time (DCP2001) did not allow multiple subdivision of battleaxe allotments but that any application lodged for this type of subdivision would need to be supported by justification for the departure from the standard. The owner did not pursue a 3 lot subdivision but rather lodged a DA in March 2004 for a 2 lot subdivision which was subsequently approved on 7 June 2004.

Five (5) submissions have been received in respect of this application. The issues raised in the submissions have been addressed through conditions and a site meeting was held with staff and the owner of 55 Constitution Rd who is also an objector to the Development Application.

The proposed development is consistent with the objectives contained in the Parramatta Local Environmental Plan 2001 and Parramatta Development Control Plan 2005.

Accordingly, the application is recommended for approval.

RECOMMENDATION

(a) That Development Application No 812/2010 for the subdivision of an existing battleaxe allotment to create 2 Torrens Title lots at 55A Constitution Road, Constitution Hill be approved subject to the conditions of consent in Attachment 1 of this report

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

Maya Sarwary

Senior Development Assessment Officer

Development Assessment Team

Attachments:

1 View	S79C Assessment Report	27 Pages
2 View	Plans	1 Page
3 View	Locality Map	1 Page

REFERENCE MATERIAL

Delegated Authority Council Meeting 13 January 2011 Item 4.1

MAJOR APPLICATION

ITEM NUMBER 4.1

SUBJECT 272-274 Woodville Road, Guildford (Lot 1 in DP 58682) and Lots D, X and Y in DP 381721) (Woodville Ward)

DESCRIPTION Demolition, construction of a two storey commercial premises, shops, recreation facility (gymnasium) and medical centre development with at-grade and basement carparking for 93 cars and two loading docks.

REFERENCE DA/72/2010 - submitted 9th February, 2010

APPLICANT/S D & R Architects

OWNERS Jandarra Pty Ltd

REPORT OF Manager Development Services

DATE OF REPORT

10^thdecember, 2010

REASON FOR REFERRAL TO COUNCIL

The proposal is referred to Council for determination due to the number of submissions received.

EXECUTIVE SUMMARY

The proposal involves the demolition of existing fast food outlets (KFC and Pizza Hut buildings) and structures on the site and the construction of a two storey building with indicative uses of commercial (offices), retail (including grocery), recreation facility (gymnasium) and medical centre with 93 carparking spaces. It is noted that these uses are indicative only and would require further development consent should the application be approved.

Eight submissions were received. The objections relate primarily to issues relating to general traffic and parking, as well as the economic impacts of this development on existing commercial and retail premises in Guildford. The issues are addressed in the Section 79C Assessment Report (Attachment 1) and are not considered sufficiently adverse to warrant refusal of the application.

The conclusions contained within Attachment 1 are that:

· Economic competition between individual trade competitors is not an environmental or planning consideration. Such competition is resolved by market forces, subject to the Trade Practices Act and it is not part of the assessment process under the Environmental Planning & Assessment Act 1979 to determine economic viability of competing retail premises; and

· Traffic generated by the development can be accommodated by the surrounding road network and would not have unreasonable impacts on existing traffic volumes or congestion.

· Neither the Roads & Traffic Authority of NSW nor Council’s Traffic Engineer raise any concerns in relation to the proposal and its impacts on traffic either on its own or the cumulative impacts having regard to other development in the locality.

· The acoustic and air quality impacts of Woodville Road on the development are not sufficient to warrant refusal of the proposal, particularly as this development does not contain a residential component.

The other issues raised in the submissions are addressed in Attachment 1.

The proposal is a long standing application as a number of issues relating to the driveways and access onto and from Woodvile Road required resolution. These issues have been satisfactorily addressed to the satisfaction of the Roads and Traffic Authority of NSW and Council’s Traffic and Transport Engineer who have both provided their conditions of consent.

The proposal has been considered by Council’s Urban Designer and the proposal is considered to be of appropriate design quality, with Council’s Urban Designer concluding:

‘The proposal is considered acceptable given that (previous issues raised) are relatively minor urban design issues.’

The proposal complies with the prescribed requirements of Parramatta Local Environmental Plan 2001 and its DCP. In particular, the proposal satisfies the key development controls of FSR, height and carparking.

The proposal is consistent with the objectives of the LEP and there will be no likely unacceptable impacts on adjoining properties.

Accordingly, approval of the application is recommended.

RECOMMENDATION

(a) That Council as the consent authority grant development consent to Development Application No. 72/2010 for the demolition of existing buildings and structures on the site and the construction of a two storey commercial premises, shops, recreation facility (gymnasium) and medical centre development with at-grade and basement carparking for 93 cars and two loading docks at 272-272 Woodville Road, Guildford, subject to the conditions contained within Attachment 1.

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

Alan Middlemiss

Senior Development Assessment Officer

Attachments:

1 View	Section 79 Assessment Report	55 Pages
2 View	Locality Map	1 Page
3 View	Plans & Elevations	7 Pages

Delegated Authority Council Meeting 13 January 2011 Item 4.2

MAJOR APPLICATION

ITEM NUMBER 4.2

SUBJECT 5 Sutherland Road, North Parramatta
(Lot 1 DP 119493) (Arthur Phillip Ward)

DESCRIPTION The construction of a detached dual occupancy with Torrens title subdivision.

REFERENCE DA/533/2010 - Submitted 6 July 2010

APPLICANT/S M Younes

OWNERS Mr Michael Younes and Mrs Antoinette Younes

REPORT OF Manager Development Services

DATE OF REPORT

REASON FOR REFERRAL TO COUNCIL:

The application has been referred to Council for determination due the high public interest in the site and the nature of the deferred commencement

Executive Referral:

Approval is sought for the construction of a detached 2 storey dual occupancy development with Torrens title subdivision. In addition to the dual occupancy, an existing Council stormwater pipe is to be relocated to the middle of the property and construction of a sandstone wall on the Gilbert Street frontage from the foundation material of the original dwelling house.

It is noted that the original proposal included demolition of the home once occupied by Australian Cricketer Richie Benaud and tree removal. These elements are no longer included in the proposal as they have been approved under a Complying Development Certificate issued by a Private Certifier and a Tree Application.

A recommended condition of consent requires a plaque to commemorate the ‘Benaud’ family to be placed on the sandstone wall at the Gilbert Street frontage.

The proposed development is defined as a “dual occupancy” under the Parramatta Local Environmental Plan 2001. The proposal satisfies the definition of “dual occupancy” and is permissible under the 2A Residential zoning applying to the land.

The land is subject to flooding. A Flood Study Report and plan detail were submitted to Council addressing flooding issues. The original Flood Study Report and plan detail has since been amended as a result of comments from Council’s Catchment Management Team and Development Engineers. Architectural plans for the development however, are yet to be amended to reflect the latest Flood Study. This issue has been dealt with by way of a deferred commencement condition in the 79C Report attached.

The application was notified in accordance with Council’s Notification DCP and three submissions were received. The concerns raised have been addressed in the attached 79C Report.

Accordingly the application is recommended for approval (deferred commencement), subject to conditions.

RECOMMENDATION

(a) That the Development Application No. 533/2010, for the construction of a detached, 2 storey dual occupancy development with Torrens title subdivision on land at 5 Sutherland Road, North Parramatta be determined by granting a consent for a period of 5 years subject to ‘deferred commencement’ under Section 80(3) of the Environmental Planning and Assessment Act, 1979. Upon strict compliance with all conditions appearing in Schedule A and with the issue of confirmation to that effect in writing from Council, the “deferred commencement” consent shall revert to a development consent inclusive of all conditions appearing in Schedule B, pursuant to Section 80(1) of the Act.

(b) Objector to be notified of Council’s decision.

David Little

Development Assessment Officer

Attachments:

1 View	Section 79C Report	59 Pages
2 View	Locality map	1 Page
3 View	Plans	9 Pages
4	Confidential floor plans	3 Pages

REFERENCE MATERIAL

Delegated Authority Council Meeting 13 January 2011 Item 4.3

MAJOR APPLICATION

ITEM NUMBER 4.3

SUBJECT 5 Romani Street NORTH PARRAMATTA (Lot 1 DP 16340) (Arthur Phillip Ward)

DESCRIPTION Demolition and construction od a three (3) storey dwelling.

REFERENCE DA/884/2010 - Submitted 3 November 2010

APPLICANT/S Mr S Georgiou

OWNERS Ms P Alabournos

REPORT OF Manager Development Services

DATE OF REPORT 29 December 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 and construction of a three storey dwelling house.

Although the proposed dwelling has a ground and first floor for habitable purposes the proposed dwelling will comprise of three storeys as defined by Parramatta Local Environmental Plan 2001 which exceeds the two storey height limit permitted under the development standard of Clause 39. The non compliance is a technical non compliance due to the definition of a storey under PLEP 2001. The definition includes any area greater than 1.2 metres above ground level as a storey. The garage area of the dwelling protrudes above the natural ground level by a maximum of 1.9m on the north-eastern elevation of the dwelling. The non-compliance is a direct result of the slope of the allotment. The application also seeks a small variation to the Floor space ratio control of Clause 40 of PLEP 2001 (less than a 10% variation) and is deemed to be appropriate.

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.

One submission has 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 has a satisfactory design, bulk and scale. There is sufficient landscaping and open space provided by the proposal. The new dwelling is appropriately sited without unduly impacting on the streetscape or amenity of adjoining properties in terms of privacy or shading.

Accordingly, the application is recommended for approval subject to conditions.

RECOMMENDATION

(a) That Council support the variations to Clause 39 and Clause 40 of the PLEP 2001 under the provisions of SEPP 1.

(b) Further that Council as the consent authority grant development consent to Development Application No. DA/884/2010 for the for demolition of the existing dwelling and the construction of a 3 storey dwelling at 5 Romani Street, NORTH PARRAMATTA NSW 2151 for a period of five (5) years from the date on the Notice of Determination has been approved subject to the conditions contained in the annexed draft determination letter.

Maya Sarwary

Senior Development Assessment Officer

Development Assessment Team

Attachments:

1 View	S79C Assessment Report	46 Pages
2 View	Locality Map	1 Page
3 View	Plans	5 Pages
4	Confidential Plans	3 Pages

REFERENCE MATERIAL

Delegated Authority Council Meeting 13 January 2011 Item 4.4

MAJOR APPLICATION

ITEM NUMBER 4.4

SUBJECT 37 Roseberry Road, GUILDFORD
Lot 17 SEC 1 DP 4047

DESCRIPTION Demolition, tree removal and construction of a multi-unit housing development containing 5 dwellings under the provisions of SEPP (Affordable Rental Housing) 2009

REFERENCE DA/674/2010 -

APPLICANT/S Mr P Sarkis

OWNERS Mr P Sarkis

REPORT OF Manager Development Services

DATE OF REPORT 4 January 2011

REASON FOR REFERRAL TO COUNCIL

The application has been referred to Council due to the number of submissions received.

EXECUTIVE SUMMARY

Development Application No. 674/2010 seeks approval for the demolition, tree removal and construction of a multi-unit housing development containing 5 dwellings under the provisions of SEPP (Affordable Rental Housing) 2009

The development is being constructed under the provisions of the SEPP (Affordable Rental Housing) 2009 and 50% of the dwellings (being 3 of the proposed dwellings) will be designated for affordable housing to be managed by a "Registered Community Provider" for 10 years as required under the SEPP.

The subject site is zoned Residential 2(b) under the provisions of LEP2001. Multi unit housing is a permissible land use under the zoning provisions of LEP2001. Notwithstanding this, the proposed use is considered as “infill affordable housing” under the SEPP (Affordable Rental Housing) 2009 and is a permissible development under this SEPP, which is the prevailing legislative document.

The proposed FSR of 0.6:1 and 2 storey height of the proposed development complies with the maximum FSR and height provisions within the current 2(b) zoning and proposed R3 zoning of the subject site. The development also complies with the maximum FSR and height provisions of the SEPP.

The proposal does not comply with the solar access provisions of SEPP (Affordable Rental Housing) 2009. The departure is minor only and does not warrant the refusal of the application. The applicant has submitted a SEPP 1 Objection to vary this control. This SEPP 1 Objection is considered to warrant Council’s support.

Six objections were received in respect of this application. The issues raised within those submissions relate to potential overlooking, overshadowing, impacts on the character of the area, asbestos removal, loss of green space, impact upon traffic, stormwater and drainage. The issues raised in the submissions do not warrant refusal of the application. The issues have been discussed in detail within the Section 79C assessment report contained at Attachment 1.

Subject to conditions of consent, the proposal is considered to be acceptable as it generally complies with the provisions of SEPP (Affordable Rental Housing) 2009 and is consistent with the aims and objectives of Parramatta Local Environmental Plan 2001 and Parramatta Draft Local Environmental Plan 2010. Accordingly, the application is recommended for approval.

RECOMMENDATION

(a) That Council support the variation to the solar access provisions of Clause 14(1)(e) of SEPP (Affordable Rental Housing) 2009 under the provisions of SEPP 1.

(b) Further that Council as the consent authority grant development consent to Development Application No. 674/2010 for the demolition, tree removal and construction of a multi-unit housing development containing 5 dwellings under the provisions of SEPP (Affordable Rental Housing) 2009 on land at 37 Rosebery Road, Guildford subject to the conditions contained within Attachment 1.

Katherine Lafferty

Development Assessment Officer

Attachments:

1 View	Section 79C Assessment report	57 Pages
2 View	Locality Map	1 Page
3 View	Plans	13 Pages
4	Confidential Plans	5 Pages

REFERENCE MATERIAL