MINUTES OF THE Meeting of Parramatta City Council HELD IN THE Council Chamber Building, CIVIC PLACE, PARRAMATTA ON Monday, 14 February 2011 AT 6:46 pm

PRESENT

The Lord Mayor, Councillor J Chedid in the Chair and Councillors P B Barber (arrived 6.47 pm and retired 9.50 pm), A Bide, G J Elmore, P Esber, J D Finn (retired 9.52 pm), P J Garrard, A Issa, OAM, M A Lack (retired 10.30 pm), C X Lim, S D Lloyd, P K Maitra, M D McDermott (Deputy Lord Mayor), L E Wearne and A A Wilson.

ACKNOWLEDGEMENT TO TRADITIONAL LAND OWNERS

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

FOUNDATION ACKNOWLEDGEMENT

The Lord Mayor also acknowledged the colonial heritage of Parramatta and recognised the contribution of the early settlers in laying the foundations of this great and historic city.

MINUTES

1	SUBJECT          Minutes of the Council  Meeting held on 13 December 2010
12081	RESOLVED      (Esber/Issa OAM)
	That the minutes be taken as read and be accepted as a true record of the Meeting.

2	SUBJECT          Minutes of the Special Council  Meeting held on 20 December 2010
12082	RESOLVED      (Esber/Issa OAM)
	That the minutes be taken as read and be accepted as a true record of the Meeting.

DECLARATIONS OF INTEREST

1             Councillor A Bide declared a non pecuniary interest in relation to Item 10.1 of Major Applications regarding 3 Mahony Road, Constitution Hill as Councillor Bide’s mother resides in proximity to the subject premises.

2             Councillor P B Barber declared a non pecuniary interest in relation to Item 10.5 regarding the development application for 5 Sutherland Road, North Parramatta as Councillor Barber was a previous part owner of the subject property.

3             Councillor L E Wearne declared a non pecuniary interest in relation to Item 10.5 regarding the development application for 5 Sutherland Road, North Parramatta as Councillor Wearne was previously the solicitor involved in the property’s conveyancing.

4             Councillor J D Finn declared a non pecuniary interest in relation to Item 11.1 of Closed Session regarding the Legal Matters Monthly report to Council as Councillor Finn:-

(i)        Lives in proximity to 94 Alfred Street, Rosehill;

(ii)      Previously worked for a firm that prepared the acoustic report for 44 Oakes Road, Winston Hills.   

Note

Councillor P B Barber arrived at the meeting at 6.47 pm during consideration of this matter.

LORD MAYORAL MINUTES

1	SUBJECT          Presentation of Key to City REFERENCE   F2011/00349 FROM                 The Lord Mayor, Councillor J Chedid
12083	RESOLVED      (Esber/Elmore) That Lord Mayoral Minute No 1 be considered in Closed Session (Item 11.4 refers).

PUBLIC FORUM

1

SUBJECT          55a Constitution Road, Constitution Hill REFERENCE   DA/812/2010 FROM                 Mrs A Hakim

12084

“Good Evening Lord Mayor and Councillors and Staff: I would like to start by thanking you for giving me the opportunity to address my matter in the public forum. My name is Afife Hakim, I am the owner of 55A Constitution Rd, Constitution Hill, and the applicant for DA/812/2010 which seeks the approval of the subdivision of this battle axe allotment of an area of 1691 m^2 into 2 lots, lot 55.1 (area1021m2) and lot 55.2 (area 670m^2) with a proposed concrete access driveway to service both lots. I read the reports about this application that were prepared by the development staff including development, structural, landscape and roads and traffic engineers, in their conclusions they all supported this subdivision with the imposition of a few conditions. It is clear from the executive summary that this proposed subdivision complies with Parramatta Local Environmental Plan 2001, and Development Control Plan 2005, and has been recommended for approval. Despite those facts, this application determination was deferred to the council meeting tonight, I believe because of the 5 submissions received by the development team and Councillors from my neighbours. One of the neighbours, whom we bought the land and the right of carriageway from, was very persistent with his objections, his concerns were about drive way safety even though our neighbour uses a separate driveway to enter his property and parks his car under the carport next to his front door, he also complained that the subdivision should not go ahead when he was well aware of our intentions to have two dwellings on that land before he sold the land to us. When my husband and I bought this land back in December 2009 from our neighbour, the condition of sale on the contract was that we had to apply for subdivision and registration of this land and be responsible for all costs incurred including his legal fees and that our neighbour had to do everything in his power to help us to achieve the subdivision. With his consent, I applied for the subdivision (DA/855/2009) and at the time we were asked by council to clearly show on the plans our intentions to have two dwellings on that big land. The notification plans and letters went out to all neighbours and no one complained then including our neighbour because he would void the contract of sale if he did. The application was approved in February 2010 and the sale went ahead. Despite our neighbour’s efforts to stop us, I would like to note that his issues have been resolved by the roads and traffic engineer and town planner. If I had known back then my neighbours objections I would not have bought the land in the first place.  Briefly, I have put all my hard earned savings into this land to build my family home on one lot and in the future another home for my children to live next to me in lot 2. I finish to say that I have every faith in the Council members tonight to determine my application and I hope for fair and just votes from all Councillors to protect my rights as a land owner. Thank you very much for listening.”

2

SUBJECT          Development Application - 74 Tintern Avenue, Telopea REFERENCE   DA/8/2010 FROM                 Sue Johnston

12085

“At its Development Committee Meeting dated 6^th December 2010, Council unanimously resolved to carry out a site inspection at 74 Tintern Avenue, Telopea (DA8/2010) and that the matter be further considered at its Council Meeting. I would like to thank the particular Councillors and some of the residents within Tintern Avenue in attending that site inspection. The views of the residents were heard and, as outlined within the Planning Officers s.82A report, were addressed. During the site inspection, the attendees witnessed increased traffic movements along Tintern Avenue, in particular the vehicles reversing from the row of parking spaces adjacent the shops opposite No. 74 Tintern Avenue. A point of concern was seen when one vehicle overtook another vehicle going in the same direction at the pedestrian refuge crossing. Moving within the site, the attendees were shown the front and rear building setbacks as defined by the current ‘building footprint’ and were surprised with the generous front setbacks as opposed to other developments within the street. As outlined within the various reports submitted justifying the proposal, the building sits comfortably within the site without significant impacts created. The proposed building does not encroach on the easement and the proposal does not rely on connecting to the existing drainage line. Whilst a drainage concept plan has been submitted showing that the sites stormwater can be suitably managed, the provision of 2 separate OSD’s can be facilitated. These matters can be dealt with “prior to the issue of the construction certificate”, as conditions imposed within the consent. The current minor non-compliance at the rear does not significantly compromise the amenity of the adjoining properties. Utilizing the existing driveway access point, the proposal has mitigated potential traffic concerns, as seen during the site inspection. QUESTIONS 1         Is the Parramatta DCP 2005 a statutory instrument, or does it provide guidelines when designing merit based proposals? 2         Does the proposal require 2 parking spaces per dwelling? 3         Does the Parramatta DCP 2005 prohibit double garages per dwelling? 4         Does Council encourage vehicular traffic to enter and leave in a forward direction? 5         Are dual occupancies permissible within the zoning of the area? 6         As viewed from the street, which properties within Tintern Avenue will be compromised by the proposed garages? 7         Was there a reduced number of objections to the s.82A Application proposal? 8         During the review of an application under Section 82A, can the Council at its Meeting, change the determination and approve developments with conditions? (s.82A - EP&A Act 1979). 9         If the Council decides to change a determination, can conditions be imposed requiring a specific matter, to the development, to be carried out? (s.80A – EP&A Act 1979) RESPONSE By Mark Leotta - Service Manager - Development Assessment Services:- “1        Clause 1.5 of PDCP 2005 outlines the purpose of Parramatta DCP 2005 as follows: ‘The purpose of the Parramatta DCP 2005 is to supplement Parramatta Local Environmental Plan (LEP) 2001 and provide more detailed provisions to guide development. Under section 79C of the Environmental Planning and Assessment Act 1979 Council is required to take into consideration the relevant provisions of this DCP when determining an application for development. However, compliance with the provisions of this DCP does not guarantee that development consent will be granted.’ 2         One of the performance objectives relating to ‘parking and vehicular access’ in DCP 2005 (clause 4.5.1) is to ensure that adequate off-street parking is provided to serve the needs of the development. In this regard, the DCP recommends 1 space to be provided for dwellings with a floor area less than 125m2;  and 2 spaces for dwellings with a floor area more than 125m2.  3          The second objective relating to ‘parking and vehicular access’ in DCP 2005 (clause 4.5.1) is to ensure that the location and design of driveways, parking spaces and other areas used for the movement of vehicles are efficient, safe, convenient and are integrated into the design of the development to minimise their visual impact. In this regard, the DCP recommends that garages should be a maximum of 6.3m wide or 50% of the width of the street elevation of the building, whichever is lesser.  A double garage may, or may not comply with these requirements depending upon the design of the development in question. 4 The DCP does not contain a recommendation that all vehicular traffic must enter and leave in a forward direction. 5         Dual occupancy developments are permitted with development consent in the Residential 2(b) zone. 6         The report listed on tonight’s business paper outlines the planning officer’s professional opinion on the streetscape impacts of the proposed garaging. 7         Submissions from six (6) properties were received objecting to the current section 82A review application. Nine (9) submissions were received objecting to the original development application. 8         Section 82(A)(4A) of the Environmental Planning and Assessment Act, 1979 states that ‘As a consequence of its review, the council may confirm or change the determination’. 9         The circumstances in which conditions can be imposed on a development consent are prescribed in section 80A(1) of the Environmental Planning & Assessment Act..”

3

SUBJECT          Old Kings School FROM                 Mr A Giordano

12086

“Could the Council advise us of its position in relation to retaining the Old Kings School site in public hands, owned by the state government and confirm the view that it should be developed as an arts, cultural and community precinct for the benefit of the Greater Western Sydney community, as the only state-owned arts infrastructure in the whole of Western Sydney. “ RESPONSE By the Lord Mayor, Councillor J Chedid:- “The future of the Old Kings School site has certainly prompted plenty of debate and last week’s public rally highlighted the community’s growing frustration towards a State Government which is yet to provide any real answers. It is a frustration I can understand and also share, as Council has been having discussions with the State Government for numerous years, without a breakthrough. The position of Council has, and remains, for the site to remain in public ownership and for the State Government to assist in funding its restoration as part of plans aimed at enhancing Western Sydney’s creative industries. Council has always valued the heritage and potential of the site and believes that it in the future it could form one part of an arts, entertainment and cultural precinct along the river foreshore, providing creative space and facilities for artists, performing arts companies and teachers. However, given the lack of transparency from the State Government about its plans for the site, Council has also undertaken talks with other key stakeholders, such as the Catholic Church, so that we can clarify our position. Pleasingly, these talks have been very positive and I’m confident that should the need occur, both Council and the Catholic Church could work in partnership to develop plans which best serve the needs of the community.”

SUSPENSION OF STANDING ORDERS

12087          RESOLVED    (Wearne/Esber)

That Standing Orders be suspended to enable consideration of an urgent motion pertaining to the Council’s position in relation to the Old Kings School.

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

1

SUBJECT          Old Kings School - Retention in Public Hands REFERENCE   F2006/01037 FROM                 Councillor Lorraine Wearne

12088

RESOLVED      (Wearne/Maitra) (a)      That  Parramatta City Council approach the current State Government with a view to obtaining a commitment that the State Government will retain the Old Kings School site in public hands in any one of the following or alternative methods:- 1       State Government retention of the site having given care and control on day to day management of the site to Parramatta City Council. 2       The State Government  transferring ownership of the site to PCC at no cost. 3       The State Government retain ownership of the site and establish a trust of the care, control and management of the site. (b)      Further, that  the State Government to provide sufficient funding to allow restoration and renovation of the site as an Arts facility/Gallery for mixed art, cultural and community uses. If Parramatta City Council is either the manager or owner of the site such funding to include the sum of $5 million dollars previously committed and recommitted in the last week by the Premier to Parramatta City Council.

RESUMPTION OF STANDING ORDERS

12089        RESOLVED      (Wearne/Esber)

That Standing Orders be resumed.

PETITIONS

6.1	SUBJECT          Excelsior Street and Cleone Street, Guildford - Dangerous Intersection REFERENCE   F2009/03109 - D01861734 FROM                 Residents of Cleone Street , Guildford
12090	RESOLVED      (Issa OAM/Elmore) (a)      That the petition be received and referred to the appropriate officer for report. (b)      Further, that urgent action be taken if necessary. NOTE:       Councillor A Bide left the meeting at 7.36 pm during consideration of this matter.

6.2	SUBJECT          Campbell Hill Road, Guildford - Dangerous Traffic Conditions REFERENCE   F2009/03109 - D01861730 FROM                 O Hamide and others
12091	RESOLVED      (Issa OAM/Elmore) (a)      That the petition be received and referred to the appropriate officer for report. (b)      Further, that urgent action be taken if necessary.

6.3	SUBJECT          Request for Speed Humps in Robertson Street, Guildford between Rawson Street and Guildford Road. REFERENCE   F2004/06346 - D01861716 FROM                 Mr F Tenian and others
12092	RESOLVED      (Issa OAM/Elmore) (a)      That the petition be received and referred to the appropriate officer for report. (b)      Further, that urgent action be taken if necessary.

6.4	SUBJECT          Rydalmere - Noise and Dust Pollution from Camellia REFERENCE   CRM2010/00073 - D01861749 FROM                 Mr P Staunton and others
12093	RESOLVED      (McDermott/Maitra) That the petition be received and referred to the appropriate officer for report to appropriate Ward Councillors on action that can be taken.

6.5	SUBJECT          Objection to Development Application - 247 Kissing Point Road, Dundas REFERENCE   DA/945/2010 - D01861754 FROM                 Ms A O’Connor and others
12094	RESOLVED      (McDermott/Issa OAM) That the petition be received and referred to the planning staff for consideration in association with the relevant development application. NOTE:       Councillor A Bide returned to the meeting at 7.38 pm during consideration of this matter.

6.6	SUBJECT          Shop 1 - 3, 85 Marion Street Harris Park - Noise Complaints REFERENCE   P2005/04227 - D01861739 FROM                 Corporate Body for 54 Harris Street, Harris Park
12095	RESOLVED      (Garrard/Issa OAM) That the petition be received and referred to the appropriate officer for report.

Economy and Development

7.1	SUBJECT          Delegated Authority Meeting held over Christmas and New Year Period REFERENCE   F2004/07400 - D01835935 REPORT OF     Team Leader Council Support
12096	RESOLVED      (Esber/Elmore) That the minutes of the Delegated Authority Meeting held on 13 January 2011 be noted.

7.2

SUBJECT          116-124 Church Street Parramatta REFERENCE   DA/565/2004/B - D01842462 REPORT OF     Manager - Strategic Assets Management. Also Manager Strategic Assets Management Memorandum dated 14 February 2011.

12097

MOTION             (Elmore/Wilson) That consideration of this matter be deferred to the next meeting of Council, subject to an acceptable offer being received, and in the meantime arrangements be made for the 2 valuers to meet and reach an agreement. AMENDMENT  (Issa OAM/Garrard) That delegated authority be given to the CEO to formally carry out all legal documentation required in relation to this matter. The amendment was put and lost. The motion was put and carried.

7.3

SUBJECT          Update on Transport Construction Authority negotiation with respect to 40 Cowper Street, Granville REFERENCE   F2008/03904 - D01846971 REPORT OF     Property Development Advisor

12098

MOTION             (Barber/Elmore) That this matter be deferred and considered in conjunction with a further report outlining the options pursued by the Transport Construction Authority to date at 40 Cowper Street, Granville and 3 other sites in Granville, for the purpose of a commuter car park. AMENDMENT  (Bide/Wilson) That the Council note that the Transport Construction Authority has withdrawn its interest in the site at 40-48 Cowper Street, Granville for the purposes of a commuter car park. The amendment was put and carried and on being put as the motion was again carried. NOTE:     Councillor P B Barber requested that his name be recorded as having voted against this decision.

ADJOURNMENT OF MEETING

In accordance with Council's decision of 23 October 2000 (Minute No 5712) the meeting adjourned at 8.37 pm for a period of 14 minutes.

RESUMPTION OF MEETING

The meeting resumed in the Council Chamber at 8.51 pm, there being in attendance The Lord Mayor, Councillor J Chedid and and Councillors P B Barber, A Bide, G J Elmore, P Esber, J D Finn, P J Garrard, A Issa, OAM, M A Lack, C X Lim, S D Lloyd, M D McDermott, P K Maitra, L E Wearne and A A Wilson.

7.4	SUBJECT          Variations to Standards under SEPP 1 REFERENCE   F2009/00431 - D01847635 REPORT OF     Manager Development Services
12099	RESOLVED      (Esber/Bide) That the report be received and noted.

Reports - Domestic Applications

9.1

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 REASON FOR REFERRAL TO COUNCIL                             The application has been referred to Council due to the nature of the application (variation from policy). This report was also referred from the Delegated Authority Meeting held on 13 January 2011.

12100

RESOLVED      (Issa OAM/Esber) (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. DIVISION      The result being: AYES             The Lord Mayor, Councillor J Chedid and Councillors P B Barber, A Bide, G J Elmore, P Esber, J D Finn, P J Garrard, A Issa, OAM, M A Lack, C X Lim, S D Lloyd, P K Maitra, M D McDermott, L E Wearne and A A Wilson. NOES            None.

9.2

SUBJECT          10 Lachlan Drive Winston Hills Lot 101 DP 270075 DESCRIPTION Construction of a 2 storey split level dwelling house. REFERENCE   DA/892/2010 - Lodged 5 November 2010 APPLICANT/S  AV Jennings Contract Homes OWNERS          Mr R Singh and Mrs S K Singh REPORT OF     Manager Development Services REASON FOR REFERRAL TO COUNCIL                             The application has been referred to Council as the application seeks a variation of greater than 10% to the minimum allotment size control outlined in Clause 38 and the maximum floor space ratio control of Clause 40 of Local Environmental Plan 2001. The application is accompanied by a SEPP 1 Objection.

12101

RESOLVED      (Esber/Elmore) (a)       That Council support the variation to Clause 38 and Clause 40 of the PLEP 2001 under the provisions of SEPP 1. (b)       Further, that Development Application No 892/2010 for construction of a 2 storey split level dwelling house at 10 Lachlan Drive, Winston Hills be approved subject to the conditions of consent in Attachment 1 of this report. DIVISION      The result being: AYES             The Lord Mayor, Councillor J Chedid and Councillors P B Barber, A Bide, G J Elmore, P Esber, J D Finn, P J Garrard, A Issa, OAM, M A Lack, C X Lim, S D Lloyd, P K Maitra, M D McDermott, L E Wearne and A A Wilson. NOES            None.

9.3

SUBJECT          MBC House, 188 Church Street, Parramatta (Lot 23 DP 651527)(Arthur Phillip Ward) DESCRIPTION Internal fitout and change of use of Shop 1 to a tea room, with outdoor dining. REFERENCE   DA/918/2010 - 15 November 2010 APPLICANT/S  T Liu OWNERS          G & J Drivas Pty Limited REPORT OF     Manager Development Services REASON FOR REFERRAL TO COUNCIL                             The application is being referred to Council for determination as the proposal involves work to a listed heritage item.

12102

RESOLVED      (Esber/Bide) That Council as the consent authority grant development consent to Development Application No. DA/918/2010 for the internal fitout and change of use of Shop 1 to a tea room, with outdoor dining at 188 Church Street, Parramatta for a period of five (5) years from the date on the Notice of Determination subject to conditions. DIVISION      The result being: AYES             The Lord Mayor, Councillor J Chedid and Councillors P B Barber, A Bide, G J Elmore, P Esber, J D Finn, P J Garrard, A Issa, OAM, M A Lack, C X Lim, S D Lloyd, P K Maitra, M D McDermott, L E Wearne and A A Wilson. NOES            None.

Reports - Major Applications

10.1

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.  Also Manager Development Services dated 14 February 2011.

REASON FOR REFERRAL TO COUNCIL

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

This report was also referred from the Council Meeting held on 13 December 2010.

12103

RESOLVED      (Esber/Lim)

(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 N^0	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.

DIVISION      The result being:

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

NOES            None.

NOTE            Councillor A Bide declared an interest as his mother resides in proximity to the subject premises and temporarily retired from the meeting during consideration of this matter.

10.2

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 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 2010.                             This matter was also referred from the Delegated Authority Meeting held on 13 January 2011.

12104

RESOLVED      (Barber/Elmore) (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)      That as the development works have occurred without prior development consent being obtained, the matter be referred to Council’s Development Control Section for investigation and issue of an infringement notice if proven that illegal works have been undertaken. (c)       Further, that the objector’s be notified of Council’s decision. DIVISION      The result being: AYES             The Lord Mayor, Councillor J Chedid and Councillors P B Barber, A Bide, G J Elmore, P Esber, J D Finn, P J Garrard, A Issa, OAM, M A Lack, C X Lim, S D Lloyd, P K Maitra, M D McDermott, L E Wearne and A A Wilson. NOES             None.

10.3

SUBJECT          Former Eastwood Brickworks (Lot 6 DP 270605) (Lachlan Macquarie Ward) DESCRIPTION Construction of seven detached dwellings on Birchgrove Crescent (proposed lots 2 to 8 in an approved subdivision of Lot 6 DP 270605). REFERENCE   DA/701/2010 - 1 September 2010 APPLICANT/S  AVJBOS Eastwood Developments Pty Ltd OWNERS          AVJBOS Eastwood Developments Pty Ltd REPORT OF     Manager Development Services REASON FOR REFERRAL TO COUNCIL                             The application has been referred to Council as the application seeks variations of greater than 10% to the allotment size/frontage control of clause 38(1)(b), the height control of clause 39(1)(a) and the floor space ratio control of clause 40(1) contained within Parramatta Local Environmental Plan 2001 and the application is accompanied by an objection under SEPP 1.

12105

RESOLVED      (Esber/Issa OAM) (a)       That Council supports the variations to Clauses 38(1), 39(1)(a) and 40(1) of Parramatta LEP 2001 under the provisions of SEPP 1. (b)       That Council as the consent authority grant development consent to Development Application No. DA/701/2010 for the construction of seven dwellings on Birchgrove Crescent (proposed lots 2 to 8 in an approved subdivision of Lot 6 DP 270605) subject to the conditions in Attachment 1. (c)       Further, that the objector be advised of Council’s decision. DIVISION      The result being: AYES             The Lord Mayor, Councillor J Chedid and Councillors P B Barber, A Bide, G J Elmore, P Esber, J D Finn, P J Garrard, A Issa, OAM, M A Lack, C X Lim, S D Lloyd, P K Maitra, M D McDermott and L E Wearne. NOES            Councillor A A Wilson. NOTE:       Councillor A A Wilson requested his name be recorded as having voted against this decision.

10.4

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 REASON FOR REFERRAL TO COUNCIL                             The proposal is referred to council for determination due to the number of submissions received. This matter was also deferred from the Delegated Authority Meeting held on 13 January 2011.

12106

RESOLVED      (Barber/Esber) (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. DIVISION      The result being: AYES             The Lord Mayor, Councillor J Chedid and Councillors P B Barber, A Bide, G J Elmore, P Esber, J D Finn, P J Garrard, A Issa, OAM, M A Lack, C X Lim, S D Lloyd, P K Maitra, M D McDermott, L E Wearne and A A Wilson. NOES            None.

10.5

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. Also Manager Development Services Memorandum dated 11 February 2011.

12107

MOTION             (Bide/Esber) (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, with the deletion of the portion of Schedule B, condition 1 and condition 80, relating to the commemorative wall,  pursuant to Section 80(1) of the Act. (b)      Further, that the objector be notified of Council’s decision. AMENDMENT  (Finn/Elmore) (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)     Further, that the objector be notified of Council’s decision. The amendment was put and carried and on being put as the motion was again carried. DIVISION      The result being: AYES             The Lord Mayor, Councillor J Chedid and Councillors G J Elmore, J D Finn, P J Garrard, P K Maitra, M D McDermott and A A Wilson. NOES             Councillors A Bide, P Esber, A Issa, OAM, M A Lack, S D Lloyd and C X Lim. NOTE 1                     Councillor P B Barber declared a non pecuniary interest in relation to this item as Councillor Barber was a previous part owner of the subject property.                        Councillor Barber temporarily retired from the meeting during consideration of this matter. 2                     Councillor L E Wearne declared a non pecuniary interest in relation to this item as Councillor Wearne was previously the solicitor involved in the property’s conveyancing.                        Councillor Wearne temporarily retired from the meeting during consideration of this matter.

10.6

SUBJECT          5 Romani Street NORTH PARRAMATTA (Lot 1 DP 16340) (Arthur Phillip Ward) DESCRIPTION Demolition and construction of 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 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 the Local Environmental Plan 2001 and the application is accompanied by an objection under SEPP 1.                             This matter was referred from the Delegated Authority Meeting on 13 January 2011.

12108

RESOLVED      (Esber/Lim) (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 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. DIVISION      The result being: AYES             The Lord Mayor, Councillor J Chedid and Councillors P B Barber, A Bide, G J Elmore, P Esber, J D Finn, P J Garrard, A Issa, OAM, M A Lack, C X Lim, S D Lloyd, P K Maitra, M D McDermott, L E Wearne and A A Wilson. NOES            None.

10.7

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 REASON FOR REFERRAL TO COUNCIL                             The application has been referred to council due to the number of submissions received.                             This matter was deferred from the Delegated Authority Meeting held on 13 January 2011.

12109

RESOLVED      (Esber/Bide) (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)       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.  (c)        Further, that the persons who lodged a submission be advised of Council’s determination of the application. DIVISION      The result being: AYES             The Lord Mayor, Councillor J Chedid and Councillors P B Barber, A Bide, P Esber, P J Garrard, A Issa, OAM, M A Lack, S D Lloyd, P K Maitra, M D McDermott, L E Wearne and A A Wilson. NOES            Councillors G J Elmore, J D Finn and C X Lim.

10.8

SUBJECT          36/46 Wellington Road, SOUTH GRANVILLE  NSW  2142   (Lot 36 SP 75186) (Woodville Road) DESCRIPTION Section 82A review to seek approval for alterations and additions to Unit 36 comprising the enclosure of a portion of the existing terrace. REFERENCE   DA/511/2010 - Submitted 2 November 2010 APPLICANT/S  Wadi Kannoubine Charitable Association Inc OWNERS          Wadi Kannoubine Charitable Association Inc REPORT OF     Manager Development Services REASON FOR REFERRAL TO COUNCIL                             The application is referred to Council as it is an application under Section 82A of the Environmental Planning and Assessment Act, 1979.

12110

RESOLVED      (Garrard/Issa OAM) (a)     That Council change its previous determination of DA/511/2010 and approve Development Application DA/511/2010 for alterations and additions to Unit 36 comprising the enclosure of a portion of the existing terrace on land at 46 Wellington Road, South Granville subject to the conditions of consent contained in Attachment 1 of this report. (b)     Further, that the person who lodged a submission be advised of Council’s determination of the application. DIVISION      The result being: AYES             The Lord Mayor, Councillor J Chedid and Councillors A Bide, G J Elmore, P Esber, J D Finn, P J Garrard, A Issa, OAM, M A Lack, C X Lim, S D Lloyd, P K Maitra, M D McDermott, L E Wearne and A A Wilson. NOES            Councillor P B Barber.

10.9

SUBJECT          104 Oakes Road, Toongabbie (Lot 1 DP 559006 and Lot 1 DP 620256) DESCRIPTION Section 96(1a) modification to the construction of a 3 storey office building with associated carparking within the Baxter health care complex including retrospective approval for the removal of additional trees. REFERENCE   DA/255/2010/A -  17 November 2010 APPLICANT/S  Moanco Hickey Group OWNERS          Baxter Healthcare Pty Ltd REPORT OF     Manager Development Services. Also Service Manager Development Assessment Services Memorandum dated 14 February 2011. REASON FOR REFERRAL TO COUNCIL                             The original development application was approved at the Regulatory Council on 11 October 2010.

12111

RESOLVED      (Esber/Lim) (a)       That Council as the consent authority modify development consent No. DA/255/2010 in the following manner: 1          Modifying condition 10 to state: 10.    Trees to be retained are identified in the submitted Tree Report by Treescan Urban Forest Management dated July 2010. Tree No’s 3-5, 7-15, 32-33, 36-38 and 53-57 are required to be retained and protected during the demolition and construction period. Reason: To protect significant trees which contribute to the landscape character of the area.       2         Modify condition 11 to state: 11     Trees to be removed as identified in the submitted Tree Report by Treescan Urban Forest Management dated July 2010. Tree No’s 6, 16-30, 31, 34 and 39-52 are approved to be removed as well as the additional 65 trees identified on the survey plan prepared by Stutchbury Jacques Pty Ltd –Land Surveying consultants, reference No.6511/07 dated 10/11/10. Reason:      To allow appropriate development of the site.                    3       Condition 78A be added: 78A. Prior to the Issue of an occupation certificate replacement tree (screen) planting shall be undertaken along the southern boundary of the site in front of the carpark to replace the trees approved for removal. The trees shall be planted at two (2) metre intervals along the length of the boundary.  Suitable species include (or a mixture of) the following:        Elaeocarpus reticulatus (Blueberry Ash)                 Hymenosporum flavum (Native Frangipani)                 Melaleuca bracteata (River Tea Tree)                 Callistemon citrinus (Scarlet Bottlebrush) NOTE:       Minimum container size of 25 litres Reason:      To ensure the restoration of the environmental amenity of the area.          4.      All other conditions of consent are to remain. (b)      That as the development works have occurred without prior development consent being obtained, the matter be referred to Technical Specialists Team Leader for investigation and possible issue of a penalty infringement notice. (c)        Further, that the objector be advised of Council’s decision DIVISION      The result being: AYES             The Lord Mayor, Councillor J Chedid and Councillors P B Barber, A Bide, P Esber, J D Finn, P J Garrard, A Issa, OAM, M A Lack, C X Lim, S D Lloyd, P K Maitra, M D McDermott, L E Wearne and A A Wilson. NOES            Councillor G J Elmore.

10.10

SUBJECT          13 Dobson Crescent, DUNDAS VALLEY  NSW  2117 (Lachlan Macquarie Ward) (LOT 31 DP 233076) DESCRIPTION Section 96(1a) modification to an approved multi-unit development containing 3 townhouses. Modification includes deletion of condition 32 and seeking retrospective approval for installation of frosted glazing to all first floor eastern windows. REFERENCE   DA/1207/2004/B - 26 November 2010 APPLICANT/S  Mr F Ferris and Mr P Ibrahim OWNERS          Mr T Ferris, Mr F Ferris, Mr A Ferris and Ms L Ferris REPORT OF     Manager Development Services REASON FOR REFERRAL TO COUNCIL                             The Section 96 application has been referred to Council for determination as the original development application was referred to Council for determination.

12112

MOTION             (Bide/Issa) (a)       That Council as the consent authority, modify development consent to Development Application No. DA/1207/2004/B for Section 96(1a) modification to an approved multi-unit development containing 3 townhouses including deletion of Condition 32 and retrospective approval for installation of frosted glazing to all first floor eastern windows on land at 13 Dobson Crescent, Dundas Valley  NSW  2152 as shown on the plans submitted with the modification of determination, for a period of five (5) years from the date on the original Notice of Determination subject to the modifications included in the attached Assessment Report. (b)       That the original objectors be notified of Council’s decision. (c) Further, that the matter relating to breaches to the development consent be referred to the Regulatory Services Unit for investigation. AMENDMENT  (Wearne/Wilson) (a)      That Council not endorse the proposed modification to condition 32 for the following reasons:-                     1.     The proposal will reduce the amenity of neighbouring          properties;            2.     The provision of obscure glass rather than louvres will         increase the future potential for overlooking of neighbouring         properties. (b)      That the original objectors be notified of Council’s decision. (c)       Further, that the matter relating to breaches to the development consent be referred to the Regulatory Services Unit for investigation. The amendment was put and carried and on being put as the motion was again carried. DIVISION      The result being: AYES             Councillors P B Barber, G J Elmore, P Esber, J D Finn, M A Lack, S D Lloyd, P K Maitra, M D McDermott, L E Wearne and A A Wilson. NOES            The Lord Mayor, Councillor J Chedid and Councillors A Bide, P J Garrard, A Issa, OAM and C X Lim.

10.11

SUBJECT          53 Lower Mount Street, Wentworthville
(Lot 5 DP 253185) (Arthur Philip Ward)

DESCRIPTION S96(1A) modification to an approved multi-unit development seeking retrospective approval for changes to the external facade and internal layout.   

REFERENCE   DA/2202/2003/A - 23 November 2010

APPLICANT/S  T Younan

OWNERS          Tonee Pty Ltd

REPORT OF     Manager Development Services. Also Senior Development Assessment Officer Memorandum dated 10 February 2011.

REASON FOR REFERRAL TO COUNCIL

                            The application is referred to Council as the original application was approved at the Regulatory Council Meeting held on 8 August 2005.

12113

RESOLVED      (Bide/Issa OAM)

(a)       That Council as the consent authority modify Development Consent No. 2202/2003 under the provisions of Section 96(1A) of the Environmental Planning and Assessment Act in the following manner:

1. Modify Condition No. 1 as follows:

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 N^0	Dated
First Floor Plan. Drawing No. A 03 / 01 / 2010.	6 October 2010
Elevations – Section AA. Drawing No. 04 / 01 /2010. Amendment A.	30 November 2010 – As amended

(b)     Further, that the application be referred to Regulatory Compliance for investigation and possible issue of a Penalty Infringement Notice given that the works were carried out without prior development approval being obtained.

DIVISION      The result being:

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

NOES            Councillor P J Garrard.

10.12

SUBJECT          126 Merrylands Road,  Merrylands Cor Lot 1 & Lot 2 & 3 DP 9814 DESCRIPTION Section 96(1A) modification to an approved 3 storey mixed use development. The modification includes deletion of condition 62 requiring trees to be planted on the nature strip. REFERENCE   DA/961/2004/B - Lodged 8 November 2010 APPLICANT/S  Sidney Lam & Associates OWNERS          Merrylands Property Development Pty Ltd REPORT OF     Manager Development Services REASON FOR REFERRAL TO COUNCIL                             The application is referred to Council as the original application for demolition and construction of a 3 storey mixed use development comprising ground floor retail shops, 2 levels of residential units, basement car parking and strata subdivision was approved by Council on 14 August 2006.

12114

RESOLVED      (Bide/Issa OAM) (a)       That Council as the consent authority, modify Development Consent No. 961/2004/B by deleting condition no. 62. (b)       Further, that the objectors be advised of Council’s decision. DIVISION      The result being: AYES             The Lord Mayor, Councillor J Chedid and Councillors P B Barber, A Bide, G J Elmore, P Esber, J D Finn, P J Garrard, A Issa, OAM, M A Lack, C X Lim, S D Lloyd, P K Maitra, M D McDermott, L E Wearne and A A Wilson. NOES            None.

10.13

SUBJECT          13 Barney Street, North Parramatta (Arthur Phillip ward) Lot 7 Sec 72 DP 758788 DESCRIPTION Occupation of unit 3 as a place of public worship REFERENCE   DA/868/2010 - Submitted 28 October 2010 APPLICANT/S  The Potters House Christian Church Parramatta Inc OWNERS          Griffin Developments Aust Pty Limited REPORT OF     Manager Development Services REASON FOR REFERRAL TO COUNCIL                             The application has been referred to Council as it is a place of public worship.

12115

RESOLVED      (Lim/Finn) (a)       That Council as the consent authority grant a deferred commencement development consent to Development Application No. 868/2010 for the occupation of Unit 3 as a place of public worship on land at 13 Barney Street, North Parramatta subject to the conditions contained within Attachment 1.  (b)       That the person who lodged a submission be advised of Council’s determination of the application. (c)        Further, that the unauthorised works within the premises be referred to Council’s Compliance Team for further investigation and action. DIVISION      The result being: AYES             The Lord Mayor, Councillor J Chedid and Councillors P B Barber, A Bide, G J Elmore, P Esber, J D Finn, P J Garrard, A Issa, OAM, M A Lack, C X Lim, S D Lloyd, P K Maitra, M D McDermott, L E Wearne and A A Wilson. NOES            None.

10.14

SUBJECT          162 Kissing Point Road, Dundas (Lot 1 in DP 709657) (Elizabeth Macarthur Ward) DESCRIPTION Demolition, tree removal and construction of a multi-unit housing development containing 7 townhouses over basement carparking with strata subdivision. REFERENCE   DA/824/2010 - 19 October 2010 APPLICANT/S  Ridge Design OWNERS          Mrs Genelle Smith REPORT OF     Manager Development Services REASON FOR REFERRAL TO COUNCIL                             This development application has been referred to Council due to the number of objections received.

12116

RESOLVED      (Bide/Wilson) (a)       That Council as the consent authority grant development consent to Development Application No. 824/2010 for demolition, tree removal and construction of a multi-unit housing development containing 7 townhouses over basement carparking with strata subdivision on land at 162 Kissing Point Road, Dundas subject to the conditions contained within Attachment 1.  (b)       Further, that the persons who lodged an individual submission and the head petitioner be advised of Council’s determination of the application. DIVISION      The result being: AYES             The Lord Mayor, Councillor J Chedid and Councillors P B Barber, A Bide, G J Elmore, P Esber, J D Finn, P J Garrard, A Issa, OAM, M A Lack, C X Lim, S D Lloyd, P K Maitra, M D McDermott, L E Wearne and A A Wilson. NOES            None.

10.15

SUBJECT          Former Channel 7 Studios, 61 Mobbs Lane, EPPING  NSW  2121   (Lot 1 DP 129023, Lot 2 DP 129023, Lot 1 DP 570891, Lot 2 DP 732070) (Lachlan Macquarie Ward) DESCRIPTION Project application for the construction of Buildings 7 and 8 containing a total of 130 dwellings. REFERENCE   NCA/1/2011 - Submitted 17 January 2011 APPLICANT/S  Meriton Apartments OWNERS          Karimbla Properties (No 9) Pty Ltd REPORT OF     Manager Development Services REASON FOR REFERRAL TO COUNCIL To seek Council endorsement of a submission to the Director General of the Department of Planning on the project application for the construction of Buildings 7 and 8 containing a total of 130 dwellings. The application is made under Schedule 3 of State Environmental Planning Policy (Major Development) 2005. Under Part 3A of the Environmental Planning and Assessment Act 1979, the proposal is declared as a Major Project and the Minister for Planning is the Consent Authority for the above project.

12117

RESOLVED      (Bide/Issa OAM) That Council endorse the submission to the Director General of the Department of Planning (contained at Attachment 1) regarding their assessment of the project application at 61 Mobbs Lane, Epping. DIVISION      The result being: AYES             The Lord Mayor, Councillor J Chedid and Councillors P B Barber, A Bide, G J Elmore, J D Finn, A Issa, OAM, M A Lack, S D Lloyd, P K Maitra, M D McDermott and L E Wearne. NOES          Councillors P Esber, P J Garrard, C X Lim  and A A Wilson.

10.16

SUBJECT          74 Tintern Avenue, Telopea (Lot 9 DP 13876) (Elizabeth Macarthur Ward) DESCRIPTION Section 82A review to seek approval for demolition, tree removal and construction of a 2 storey attached dual occupancy development with Torrens title subdivision REFERENCE   DA/8/2010 - Submitted 23 September 2010 APPLICANT/S  Phillip & Sue Johnston OWNERS          Phillip & Sue Johnston REPORT OF     Manager Development Services REASON FOR REFERRAL TO COUNCIL The application is referred to Council as it is an application under Section 82A of the Environmental Planning and Assessment Act, 1979. The issue was considered at the Council Meeting held on 6 December 2010 where it was deferred pending the holding of an on site meeting. The on site meeting has been scheduled for 8 February 2011 at 5.30pm.

12118

MOTION             (McDermott/Esber) (a)      That Development Application DA/8/2010 for the demolition, tree removal and the construction of a 2 storey attached dual occupancy development on land at 74 Tintern Avenue, Telopea be approved subject to standard conditions of consent. (b)      Further, that the persons who lodged submissions be advised of Council’s determination of the application. AMENDMENT  (Wilson/Lim) (a)       That Council uphold its determination and refuse Development Application DA/8/2010 for the demolition, tree removal and the construction of a 2 storey attached dual occupancy development on land at 74 Tintern Avenue, Telopea for the reasons contained in Attachment 1 of this report. (b)       Further, that the persons who lodged submissions be advised of Council’s determination of the application. The amendment was put and lost. The motion was put and carried. DIVISION      The result being: AYES             The Lord Mayor, Councillor J Chedid and Councillors A Bide, G J Elmore, P Esber, J D Finn, P J Garrard, A Issa, OAM, M A Lack, S D Lloyd, M D McDermott and L E Wearne. NOES            Councillors C X Lim, P K Maitra and A A Wilson. NOTE:        Councillor P B Barber retired from the meeting at 9.50 pm during consideration of this  matter.                      Councillor J D Finn retired from the meeting at 9.52 pm following consideration of this matter.

CLOSED SESSION
12119	RESOLVED      (Elmore/Wearne) Members of the press and public be excluded from the meeting of the Closed Session and access to the correspondence and reports relating to the items considered during the course of the Closed Session be withheld. This action is taken in accordance with Section 10A(2) of the Local Government Act, 1993 as the items listed come within the following provisions:-

1       Legal Matters Monthly Report to Council. (D01847737) - This report is confidential in accordance with section 10A (2) (g) of the Local Government Act 1993 as the report contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

2       Land Acquisition and Ideas Competition . (D01849763) - This report is confidential in accordance with section 10A (2) (d) of the Local Government Act 1993 as the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

3       Parramatta Loop Bus Service - 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.

4.      Presentation of Key to City - This Lord Mayoral Minute is confidential in accordance with section 10A (2) (a) of the Local Government Act 1993 as the Minute contains personnel matters concerning particular individuals.

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

11.1

SUBJECT          Legal Matters Monthly Report to Council REFERENCE   F2004/07898 - D01847737 REPORT OF     Manager Development Services

12120

RESOLVED      (Lim/Maitra) That the report be received and noted. NOTE:       Councillor J D Finn previously declared a non pecuniary interest in relation to this item as Councillor Finn:- (i)     Lives in proximity to 94 Alfred Street, Rosehill; (ii)     Previously worked for a firm that prepared the acoustic report for 44 Oakes Road, Winston Hills.           Councillor Finn had retired from the meeting, however, prior to this matter being considered.

11.2

SUBJECT          Land Acquisition and Ideas Competition REFERENCE   F2010/02066 - D01849763 REPORT OF     Development Manager. Property Development

12121

RESOLVED      (Lim/McDermott) (a)       That Council ·           Approve entering into option arrangements to acquire an option to purchase the identified property on the commercial terms set out in the report. ·           Authorise the Chief Executive Officer to cause option documents to be prepared reflecting the commercial terms set out in the report and otherwise containing terms the Chief Executive Officer consider acceptable and to conduct negotiations in respect of the terms of any such sale documents if necessary ·           Authorise the affixation of the common seal to the option documents. (b)       That the Council approve the Property Development Group to conduct an Ideas Competition as summarised in this report for council to incorporate a commercially viable and marketable proposal that includes the possibility of new retail, commercial, residential, arts and culture, multi functional, entertainment and recreational facilities together with public amenity and transport options and conveniences. (c)       Further, that after the Ideas Competition is concluded, the Property Development Group submit a report to Council on the redevelopment of the site.

11.3

SUBJECT          Parramatta Loop Bus Service REFERENCE   F2004/08730 FROM                 Chief Executive Officer

12122

RESOLVED      (Esber/Maitra) (a)       That Council note the ongoing representations being made seeking financial support for the operation of the Loop service. (b)       That Council authorises the CEO to negotiate funding agreements for the Loop service which maintain the quality of the existing service, as outlined in this report and including an expanded Loop service. (c)       Further, that Council considers potential enhancements to the Loop service including additional destinations and hours of operation in preparation of the 2011-12 Operating Plan and Budget. NOTE:    Councillor M A Lack retired from the meeting at 10.30 pm when this matter was considered in Closed Session.

11.4	SUBJECT          Presentation of Key to the City REFERENCE   F2011/00349 FROM                 The Lord Mayor, Councillor J Chedid
12123	RESOLVED      (Esber/Maitra) (a)       That Council determine that the Key to the City of Parramatta be presented to the person identified in paragraph 6 of the report.  (b)       Further, that presentation of the Key to the City be undertaken as advised in paragraph 7 of the report.

NOTE:     Just prior to the closure of the meeting, Councillor P J Garrard tabled the following Question Without Notice:-

QUESTION WITHOUT NOTICE

1	SUBJECT          Parking at Delwood Shopping Centre REFERENCE   F2004/07072 FROM                 Councillor P J Garrard
12124	Councillor Garrard requested that up to three (3) options for increased carparking at Delwood Shopping Centre be prepared for Council’s consideration.

The meeting terminated at 10.42 pm.

THIS PAGE AND THE PRECEDING 32 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON MONDAY, 14 FEBRUARY 2011 AND CONFIRMED ON MONDAY, 28 FEBRUARY 2011.

Lord Mayor