MINUTES OF THE Meeting of Parramatta City Council HELD IN THE Council Chamber, CIVIC PLACE, PARRAMATTA ON Monday, 14 March 2011 AT 6.48pm

 

PRESENT

 

The Lord Mayor, Councillor J Chedid in the Chair and Councillors P B Barber (retired 8.24pm), A Bide, G J Elmore, P Esber (retired 7.37 pm), J D Finn (retired 8.16pm), P J Garrard, A Issa, OAM (retired 8.27pm), M A Lack, 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

 

 

 

SUBJECT          Minutes of the Council  Meeting held on 28 February 2011

 

RESOLVED      (Garrard/Issa OAM)

12177

 

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

 

 

Note

During discussion on this matter, Councillor Garrard requested an update on Minute No. 12174 where he had sought a review on whether former Councillors had returned IT equipment following the last Council election.

 

The Chief Executive Officer advised that an investigation had been undertaken where outstanding material had been identified and subsequently resolved. The CEO added that a memorandum would be provided to Councillors outlining the full results of the investigation.

 

Councillor Garrard noted that the results of such an investigation would be available on the public record and requested that the CEO advise which former Councillor had outstanding IT equipment.

 

The CEO commented that former Councillor Borger had outstanding equipment but the issue had now been resolved.

 

Councillor Garrard requested that the CEO’s advice be recorded in Council’s minutes.

 

 

 

APOLOGIES

 

         

 

RESOLVED      (Esber/Lloyd)

12178

 

 

That in accordance with Section 234(1) of the Local Government Act, Council grant leave of absence to Councillor A Bide for the Council Meeting to be held on 11 April 2011.

 

 

 

 

 

DECLARATIONS OF INTEREST

 

 

Councillor J D Finn declared an interest in relation to Item 13.1 of Closed Session regarding the Legal Matters monthly report to Council as the report refers to action taken in respect of 94 Alfred Street, Rosehill which is in close proximity to Councillor Finn’s premises. 

 

 

MINUTE’S SILENCE

 

The Chamber observed one minute’s silence in remembrance of the victims of the recent earthquake and tsunami in Japan.

 

 

 

MINUTES OF THE LORD MAYOR

 

1

SUBJECT          Disaster Mitigation and Recovery Plans

REFERENCE   F2011/00421

FROM                 The Lord Mayor, Councillor John Chedid

 

RESOLVED      (Chedid/Issa OAM)

 

12179

 (a)     That staff report to Council on the status of our disaster mitigation and recovery plans for the Parramatta Local Government Area.

(b)      That Council meet with key stakeholders the Police Force, Fire Brigade, Ambulance Service, State Emergency Service and local hospitals to ensure these plans address all potential disaster events.

(c)       Further, that Council promote awareness of the adopted disaster mitigation and recovery plans with the Parramatta Local Government Area.

 

 

 

 

PUBLIC FORUM

 

1

SUBJECT          Development Application - 32 Mobbs Lane, Carlingford

REFERENCE   DA/690/2010

FROM                 Clive Copelin

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

12180

“Application does not comply to regulations on four different items yet application is allowed to proceed especially when the 2 storey height limitation is exceeded.

 

Discussion on height limitation does not take into account natural contours and shape of adjoining properties. My property is several metres (estimate of 5 metres) below the level of the above property at 32 Mobbs Lane. This height difference accentuates the height of a proposed 3 storey building and makes it a prominent future from my backyard.

 

Shadow diagrams only assess the solar reduction on a specific day ie. 21 June . The total solar hours ‘lost’ are not discussed. Therefore, the impact of solar hours lost is far greater than an assessment on one day of the year. The shadow diagrams also lack detail in regard to adjoining

property structures.”

 

RESPONSE

 

BY Mr Mark Leotta – Service Manager Development Assessment Services:-

 

“The public forum makes three statements regarding the assessment of this Development Application which are responded to in turn.

 

1.        The application does not comply with regulations on four different items yet the application is allowed to proceed especially when the 2 storey height limitation is exceeded.

 

The application complies with the requirements of Parramatta Local Environmental Plan 2001 (LEP) and Parramatta Development Control Plan 2005 (DCP) with the exception of the height controls. The application complies with all other design requirements of the LEP and DCP. 

 

The proposed building will partially comprise of 3 storeys as defined by Parramatta Local Environmental Plan 2001, which exceeds the 2 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 LEP 2001. The definition includes any area greater than 1.2 metres above ground level as a storey.

 

In this regard the proposal for the new building will create a partial third storey element given that part the subfloor area protrudes between 1.2m to 1.3m above natural ground level on a portion of the development, being part of the eastern elevation. The subfloor exceeds the height restriction by up to 10cm for a length of 0.8m on the eastern elevation. The impact of this non compliance in terms of bulk and scale, privacy and shadowing has been assessed as acceptable.

 

2.        Discussion on height limitation does not take into account natural contours and shape of adjoining properties. My property is several metres (estimate of 5 metres) below the level of the above property at 32 Mobbs Lane. This height difference accentuates the height of a proposed 3 storey building and makes it a prominent future from my backyard.

 

It is acknowledged that the objector’s property in Marook Street is located lower than the properties on the southern side of Mobbs Lane. The proposed dual occupancy will be viewed from the backyards of adjoining premises. The rear setback complies with Council’s requirements and the retention of an existing tree at the rear in addition to further landscaping will assist in reducing the visual impact of the development.

 

3.        Shadow diagrams only assess the solar reduction on a specific day ie. 21 June . The total solar hours ‘lost’ are not discussed. Therefore, the impact of solar hours lost is far greater than an assessment on one day of the year. The shadow diagrams also lack detail in regard to adjoining property structures.

 

Solar access is assessed based upon the shadows cast on 21 June. The reason for this is that the 21 June is the shortest day of the year when the sun is located at its lowest in the sky. The shadows cast on this day therefore represents the worst case scenario for overshadowing.

 

As discussed within the report, the proposed development will result in some overshadowing of part of the private open space areas of the adjoining properties at 7 and 8 Marook Street between 1pm and 3pm. The impact upon these properties is minimal as solar access would be available to the majority of the private open space areas and the level of solar access received would not be substantially different to the existing situation given the extent of shadows cast from the existing vegetation on site.”

 

 

PETITIONS

 

 

 

1

SUBJECT          Request for Speed Humps - Farnell Street, Merrylands between Excelsior and Abbott Streets

REFERENCE   F2010/03210

FROM                 J Ayoub and others

 

RESOLVED      (Garrard/Issa OAM)

12181

 

That the petition be received and referred to the appropriate Council Officer for report to the Parramatta Traffic Committee.

 

 

 

Rescission Motions

 

7.1

SUBJECT          Smoking Ban in Outdoor Dining Areas

REFERENCE   F2004/10350 - D01874318

REPORT OF     Councillors M D McDermott, P Esber and J D Finn.

 

MOTION             (McDermott/Finn)

That the resolution of the Council Meeting held on 22 November 2010, regarding Objection to Banning Smoking in Outdoor Dining Areas namely:-

(a)      That the petition received from business owners and restaurant proprietors be received and noted.

(b)      That the petition received from patrons be received and noted.

(c)       That a policy be taken to allow smoking in outdoor dining areas.

(d)      That broad consultation be carried out over the next 12 months to ascertain whether there is any and, if so, what level of support existing in the business and general community for a ban of smoking in alfresco dining areas owned or controlled by Parramatta City Council such consultation to include:-

1      Face to face interviews and surveys carried out with restaurant proprietors;

2      Face to face interviews and surveys carried out with diners at both lunch times and dinner times in a large sample of restaurants;

3      Surveys conducted in Parramatta Park at the Residents Panel stand on Australia Day and/or any other appropriate time and place;

4      Surveys and interviews to be carried out across a broad age, social, ethnicity and other demographic sample.

(e)     Further, that the costs of such consultation be taken from the City Centre Economic Development Levy and/or rentals and licence fees received from footpath leases and licences and/or any other appropriate budget.”

 

be and is hereby rescinded.

 

12182

 

The motion was put and lost.

 

 

DIVISION      The result being:

 

AYES             Councillors P B Barber, P Esber, G J Elmore, J D Finn, M A Lack, P K Maitra and M D McDermott.

 

NOES            The Lord Mayor, Councillor J Chedid and Councillors A Bide, P J Garrard, A Issa, OAM, C X Lim, S D Lloyd, L E Wearne and A A Wilson.

 

 

 

7.2

SUBJECT          Planning Proposal to Amend the City Centre LEP - Parking Standards

REFERENCE   F2009/01706 - D01876044

REPORT OF     Councillor G J Elmore

 

RESOLVED      (Elmore/McDermott)

 

12183

 

 

 

 

 

 

 

 

 

 

 

 

That the resolution of the Council Meeting held on 28 February 2011, regarding, Planning Proposal to Amend the City Centre LEP - Parking Standards namely:-

“That the Council having considered the submission adopt the planning proposal (Attachment 1) subject to the word “maximum”, where it appears, being altered to read “minimum” and forward to the Department of Planning for finalisation and making of the plan amendment.”

be and is hereby rescinded.

 

 

PROCEDURAL

MOTION             (Esber)

 

The question be put.

 

The procedural motion was put and carried.

 

 

DIVISION      The result being:

 

AYES             Councillors P B Barber, P Esber, G J Elmore, J D Finn, P J Garrard, M A Lack, P K Maitra and M D McDermott.

 

NOES            The Lord Mayor, Councillor J Chedid and Councillors A Bide, A Issa, OAM, C X Lim, S D Lloyd, L E Wearne and A A Wilson.

 

 

RESOLVED      (Elmore/McDermott)

 

12184

 

That Council adhere to its previous policy in respect of this matter.

 

 

Economy and Development

 

8.1

SUBJECT          Variations to Standards under SEPP 1

REFERENCE   F2009/00431 - D01874300

REPORT OF     Manager Development Services

 

RESOLVED      (Lim/Finn)

 

12185


That the report be received and noted.

 

 

NOTE:       1       Councillor P Esber retired from the meeting at 7.37 pm during consideration of this matter.

 

2       Councillors L E Wearne and A A Wilson requested that their names be recorded as having voted against this decision.

 

 

Reports - Domestic Applications

 

 

10.1

SUBJECT          1 Garland Avenue, Epping
LOT 1, DP 862533

DESCRIPTION Demolition, tree removal and construction of a two storey dwelling house

REFERENCE   DA/795/2010 - Submitted 6 October 2010

APPLICANT/S  Mr S K T  You & Mrs G Y You

OWNERS          Mr S K T  You & Mrs G Y You

REPORT OF     Manager Development Services

REASON FOR REFERRAL TO COUNCIL

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

 

RESOLVED      (Lim/Bide)

 

12186

 

 (a)     That Council support the variation to Clause 38 of Parramatta Local Environmental Plan 2001 under the provision of SEPP 1.

(b)      That the Council, as the consent authority, being satisfied that the objection    under SEPP No. 1 is well founded, grant development consent to Development      Application No. DA/795/2010 for the demolition, tree removal and construction of a 2 storey dwelling house at 1 Garland Avenue, EPPING  NSW  2121 for a period of five (5) years from the date on the Notice of Determination subject to the conditions of consent contained in attachment 1.

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

 

 

DIVISION      The result being:

 

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

 

NOES            Councillors L E Wearne and A A Wilson.

 

 

 

 

10.2

SUBJECT          3 Trumper Street, Ermington
(Lot B DP 380688)

DESCRIPTION Alterations and additions to a single storey dwelling house, including a first floor addition.

REFERENCE   DA/973/2010 - Submitted 29 November

APPLICANT/S  Cape Cod Australia Pty Ltd

OWNERS          Mrs R Davis and Mr C K Cambell-Davis

REPORT OF     Manager Development Services

REASON FOR REFERRAL TO COUNCIL

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

 

RESOLVED      (Lim/Bide)

 

12187

 

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

(b)      Further, that Development Application No 973/2010 for alterations and additions to a single storey dwelling house including the addition of a first floor at 3 Trumper Street, Ermington be approved subject to the conditions of consent in Attachment 1 of this report.

 

 

DIVISION      The result being:

 

AYES             The Lord Mayor, Councillor J Chedid and Councillors P B Barber, A Bide, G J Elmore, 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          7 Smythe Street MERRYLANDS NSW (Lot 1 DP777243) (Woodville Ward)

DESCRIPTION Demolition, tree removal and construction of a two storey dwelling house.

REFERENCE   DA/943/2010 - Lodged 22 November 2010

APPLICANT/S  Eden Brae Projects

OWNERS          Mr I T Lay

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 of Local Environmental Plan 2001. The application is accompanied by a SEPP 1 Objection.

 

RESOLVED      (Bide/Lim)

 

12188

 

(a)       That Council support the variation to Clause 38 of the PLEP 2001 under the provisions of SEPP 1.

(b)       That Development Application No 943/2010 for demolition, tree removal and construction of a two storey dwelling house at 7 Smythe Street, Merrylands be approved subject to the conditions of consent in Attachment 1 of this report.

(c)        Further, that the objectors 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, 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.

 

 

 

 

10.4

SUBJECT          12 Atkins Road, Ermington
(Lot 297 DP 16170) (Lachlan Macquarie Ward)

DESCRIPTION Alterations and additions to a dwelling house, including an upper floor extension to create a 3 storey dwelling.

REFERENCE   DA/907/2010 - 11 November 2010

APPLICANT/S  Modum Pty Limited

OWNERS          Mr & Mrs Pelders

REPORT OF     Manager Development Services

REASON FOR REFERRAL TO COUNCIL

                            The application has been referred to Council as the                             application seeks a variation of greater than 10% to the                             height control within Clause 39(1) of Local                             Environmental Plan 2001 and the application is

                            accompanied by an objection under SEPP 1.

 

RESOLVED      (Bide/Lim)

 

12189

 

(a)       That Council support the variation to Clause 39(1) 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/907/2010 for the alterations and additions to a dwelling house at 12 Atkins Road, ERMINGTON  NSW  2115 for a period of five (5) years from the date on the Notice of Determination subject to the conditions of consent in Attachment 1 of this report.

 

 

DIVISION      The result being:

 

AYES             The Lord Mayor, Councillor J Chedid and Councillors A Bide, 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            Councillors P B Barber, G J Elmore and A A Wilson.

 

 

Reports - Major Applications

 

 

11.1

SUBJECT          221 Guildford Road & 66 Marian Street, GUILDFORD
Lot D & E DP 356632 (Woodville Ward)

DESCRIPTION Demolition, tree removal and construction of a 2 storey residential flat building containing 12 units over basement car parking under the Affordable Housing SEPP.

REFERENCE   DA/641/2010 - 9 August 2010

APPLICANT/S  R Issac

OWNERS          W Isaac, R Bernadette and R Isaac

REPORT OF     Manager Development Services

REASON FOR REFERRAL TO COUNCIL

                            This application is brought to Council for determination due to the number of submissions received.

 

MOTION             (Issa OAM/Garrard)

(a)     That Council as the consent authority grant development consent to Development Application No. 641/2010 for demolition, tree removal and construction of a 2 storey residential flat building containing 12 units over basement car parking at 221 Guildford Road and 66 Marian Street, Guildford, for a period of five years from the date on the Notice of Determination subject to the conditions contained within Attachment 1. 

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

 

The motion was put and lost.

 

 

DIVISION      The result being:

 

AYES             Councillors P J Garrard, A Issa, OAM and M A Lack.

 

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

 

 

RESOLVED      (Wearne/Wilson)

 

12190

 

 

 

That consideration of this matter be deferred for a further report on possible grounds of refusal of the application.

 

 

DIVISION      The result being:

 

AYES             Councillors P B Barber, J D Finn, P J Garrard, A 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, G J Elmore, A Issa, OAM, and C X Lim.

 

 

 

 

11.2

SUBJECT          Fennell Street Carpark, 431 Church Street, Parramatta
(Lot 1 DP 998949) (Arthur Phillip Ward)

DESCRIPTION Section 96(1A) modification to an approved installation of a mobile food van.

REFERENCE   DA/523/2008/A - 13 December 2010

APPLICANT/S  Design Cubicle

OWNERS          Parramatta City Council

REPORT OF     Manager Development Services

REASON FOR REFERRAL TO COUNCIL

                            The previous development application was determined at the Regulatory Council Meeting on 9 June 2009 and the application relates to land that the Council owns.

 

RESOLVED      (Finn/Bide)

 

12191

 

(a)        That Council as the consent authority modify Development Consent No. 523/2008 for erection and use of a Harry’s Café de Wheels diner at 431 Church Street, Parramatta by the replacement of conditions 1, 33 and 39 with the attached conditions.

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

(c)       Further, that Council’s Development Control Team investigate whether the operators of the Harry’s Café de Wheels diner are operating within the          approved hours of use.

 

 

DIVISION      The result being:

 

AYES             The Lord Mayor, Councillor J Chedid and Councillors P B Barber, A Bide, G J Elmore, 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.

 

 

 

 

11.3

SUBJECT          32 Mobbs Lane, Carlingford (LOT 1 DP 39354)(Lachlan Macquarie Ward)
  

DESCRIPTION Demolition, tree removal and construction of a 3 storey attached dual occupancy with Torrens title subdivision

REFERENCE   DA/690/2010 - 27 August 2010

APPLICANT/S  Applicant - Champion Homes Sales Pty Ltd

OWNERS          Mr D B Mogale, N Mogale, V Halyal & C Halyal

REPORT OF     Manager Development Services

REASON FOR REFERRAL TO COUNCIL

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

 

MOTION             (Wearne/Wilson)

That consideration of this matter be deferred pending an on site meeting and in the meantime the applicant be requested to erect a height pole indicating the ridge height.

 

 

AMENDMENT   (Bide/Lim)

 

 

 

 

 

 

 

 

(a)      That Council support the variation to Clause 39 of Parramatta Local Environmental Plan 2001 under the provisions of SEPP 1.

(b)      Further, that Council, as the consent authority grant development consent to Development Application DA/690/2010 for demolition, tree removal and construction of a 3 storey dual occupancy with Torrens title subdivision on land at 32 Mobbs Lane, Carlingford by the granting of a deferred development consent under Section 80(3) of the Environmental Planning and Assessment Act, 1979 subject to the conditions contained in Attachment 1.

 

12192

 

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

 

 

DIVISION      The result being:

 

AYES             Councillors P B Barber, A Bide, G J Elmore, P J Garrard, A Issa, OAM, M A Lack, C X Lim and S D Lloyd.

 

NOES            The Lord Mayor, Councillor J Chedid and Councillors J D Finn, P K Maitra, M D McDermott, L E Wearne and A A Wilson.

 

 

NOTE: A Notice of Motion to rescind this decision was submitted prior to the conclusion of the meeting and subsequently considered as a Matter of Urgency under Minute No.s 12198,  12199 and 12200.

 

 

 

 

11.4

SUBJECT          25 Talbot Road, Guildford NSW 2161

DESCRIPTION Section 96 (AA) modification to a court approved 28 place child care centre on the ground floor and office units on the first floor.

REFERENCE   DA/1270/2004/D - 2 November 2010

APPLICANT/S  Mr S Nour

OWNERS          Mr S Nour and Mrs T Nour

REPORT OF     Manager Development Services

REASON FOR REFERRAL TO COUNCIL

                            The Section 96 application has been referred to Council as the original development application was approved by the Land and Environment Court.

 

 

RESOLVED      (Bide/Lim)

 

12193

 

 

(a)       That Council as the consent authority, modify development consent No. DA/1270/2004/D under Section 96 (AA) in the following manner:

 

·    Increase the ceiling height of the first floor office from 2.7m to 3m, increasing the most recently approved RL height of the parapet from 35.715 to 36.015;

·    Alterations to the floor layout of the ground floor childcare centre;

·    Internal alterations to first floor to facilitate “commercial use”;

·    Alterations to windows on all elevations;

·    Replacement of a wheelchair platform with a ramp at the front of the premises;

·    External door on the northern elevation to facilitate the servicing of air conditioning units.

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

 

 

DIVISION      The result being:

 

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

 

NOES            Councillors G J Elmore and P K Maitra.

 

 

Notices of Motion

 

12.1

SUBJECT          Budget Review for Pool Entries

REFERENCE   F2004/05927 - D01878398

REPORT OF     Councillor P K Maitra

 

RESOLVED      (Maitra/Lloyd)

 

 

12194

 

That a report be issued to Councillors for consideration in conjunction with the Delivery Plan and Budget for 2011/12 examining the introduction of a free family pass for residents once a year and free pool entry for seniors on one weekday each week.

 

 

CLOSED SESSION

 

12195

RESOLVED      (Wilson/Elmore)

 

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

 

1       Legal Matters Monthly Report to Council. (D01874301) - 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       Class 1 Proceedings – 94 Alfred Street, Rosehill - 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.

 

Note

Councillor J D Finn retired from the meeting at 8.16pm during Closed Session.

 

 

RESUMPTION OF MEETING

 

 

 

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

 

 

 

13.1

SUBJECT          Legal Matters Monthly Report to Council

REFERENCE   F2004/07898 - D01874301

REPORT OF     Manager Development Services

 

RESOLVED      (Lim/Issa OAM)

 

12196

 

That the report be received and noted.

 

 

NOTE        Councillor Finn declared an interest in this matter and                      retired from the meeting at 8.16pm during Closed                      Session as the report refers to action taken in respect of                  94 Alfred Street, Rosehill which is in close proximity to           Councillor Finn’s premises.

 

 

 

13.2

SUBJECT          Class 1 Proceedings - 94 Alfred Street, Rosehill

REFERENCE   F2009/03136

FROM                 General Counsel      

 

RESOLVED      (Bide/Lack)

 

12197

 

That having regard to the low success prospects (and risk of a costs order being made if requested by the applicant), Council endorse steps be taken to settle the Class 1 proceedings for the Application on the following basis:-

 

1         Negotiations begin with the applicant with a view to the parties entering into consent orders that adopt conditions of consent in the form attached to General Counsel Memorandum dated 7 March 2011 which have been filed with the Court subject to such minor amendments considered reasonably necessary by Sue Weatherley - Group Manager Outcomes and Development and Maurice Doria – General Counsel.

 

2         Any other settlement terms considered reasonably necessary that do not authorise any intensification of the use of the premises beyond what is sought in the amended application.

 

 

 

DIVISION      The result being:

 

AYES             The Lord Mayor, Councillor J Chedid and Councillors P B Barber, A Bide, G J Elmore, P Esber, P J Garrard, 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 P B Barber retired from the meeting at 8.24pm immediately following Closed Session.

 

RESCISSION MOTIONS

 

 

The Lord Mayor, Councillor J Chedid advised that a Notice of Motion signed by Councillors M McDermott, L E Wearne and A A Wilson to rescind the following item had been received prior to the termination of the meeting:-

 

1       Item 11.3 of Major Applications regarding 32 Mobbs Lane, Carlingford (Lot 1 DP 39354) Lachlan Macquarie Ward)  (Minute No 12192      refers).

 

 

MATTER OF URGENCY

 

12198        RESOLVED      (Wearne/Wilson)

 

That the notice of rescission submitted in respect of Item 11.3 of Major Applications be considered as a matter of urgency.

 

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

 

 

 

SUBJECT          32 Mobbs Lane, Carlingford (LOT 1 DP 39354)(Lachlan Macquarie Ward)
  

DESCRIPTION Demolition, tree removal and construction of a 3 storey attached dual occupancy with Torrens title subdivision

REFERENCE   DA/690/2010 - 27 August 2010

APPLICANT/S  Applicant - Champion Homes Sales Pty Ltd

OWNERS          Mr D B Mogale, N Mogale, V Halyal & C Halyal

REPORT OF     Manager Development Services

REASON FOR REFERRAL TO COUNCIL

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

 

RESOLVED      (Wearne/Wilson)

 

12199

 

That the resolution of the Ordinary Council Meeting held on 14 March 2011 in relation to Item 11.3 of Major Applications regarding 32 Mobbs Lane, Carlingford as follows:-

 

(a)      That Council support the variation to Clause 39 of Parramatta Local Environmental Plan 2001 under the provisions of SEPP 1.

(b)      Further, that Council, as the consent authority grant development consent to Development Application DA/690/2010 for demolition, tree removal and construction of a 3 storey dual occupancy with Torrens title subdivision on land at 32 Mobbs Lane, Carlingford by the granting of a deferred development consent under Section 80(3) of the Environmental Planning and Assessment Act, 1979 subject to the conditions contained in Attachment 1.

 

be and is hereby rescinded.

 

 

 

RESOLVED      (Wearne/Wilson)

 

12200

 

That consideration of this matter be deferred pending an on site meeting and in the meantime the applicant be requested to erect a height pole indicating the ridge height.

 

 

 

DIVISION      The result being:

 

AYES             The Lord Mayor, Councillor J Chedid and Councillors A Bide, P J Garrard. M A Lack, S D Lloyd, P K Maitra, M D McDermott, L E Wearne and A A Wilson.

 

NOES            Councillors G J Elmore, A Issa, OAM and C X Lim.

 

 

QUESTION TIME

 

 

1

SUBJECT          Lifting of Restrictions Relating to Contact with Council - Petition

REFERENCE   F2004/06174

FROM                 Councillor Michael McDermott

12201

Councillor McDermott referred to the petition tabled late last year supporting the lifting of restrictions placed on a Dundas resident in relation to that resident’s contact with Council.

 

Councillor McDermott advised that no response had been received to date by the head petitioner and requested that this matter be investigated.

 

 

 

 

2

SUBJECT          Display of Street Numbers by Businesses

REFERENCE   F2008/04592

FROM                 Councillor Tony Issa OAM

12202

Councillor Issa questioned whether there was a requirement in the Local Government Act for local business owners to display street numbers on their premises. He commented that the lack of display of numbers made it difficult for both customers and emergency services alike.

 

The Lord Mayor advised that a response would be provided by Council staff but noted that Council had been approached by a company recently to provide this service and accordingly, the issue was currently under investigation.

 

 

 

 

 

3

SUBJECT          Landscaping of Reserve in Mimosa Street, Granville

REFERENCE   F2004/07520

FROM                 Councillor Paul Garrard

12203

Councillor Garrard referred to an on site meeting held with the Chief Executive Officer to view the unsatisfactory landscaping works undertaken at the reserve at the end of Mimosa Street, Granville.

 

Councillor Garrard requested that a further on site meeting be held with Council officers to assess the circumstances that currently exist at the reserve including its unkempt nature.

 

NOTE:       Councillor A Issa OAM retired from the meeting at 8.27 pm during consideration of this matter.

 

 

 

 

4

SUBJECT          Graffiti Removal

REFERENCE   CRM2010/00058

FROM                 Councillor Scott Lloyd

12204

Councillor Lloyd noted the blitz on graffiti that had occurred on Saturday 26 February 2011 in the Toongabbie area and sought advice on how often the removal of graffiti was carried out by Council staff on Saturdays.

 

 

 

 

5

SUBJECT          Parramatta's Dining Guide

REFERENCE   F2011/00134

FROM                 Councillor Scott Lloyd

12205

Councillor Lloyd sought advice on who decided which restaurants and cafes were included in the Parramatta Dining Guide as certain restaurateurs had expressed disappointment at missing out.

 

The Lord Mayor advised that the matter would be investigated and a response provided to Councillor Lloyd.

 

The Group Manager Outcomes and Development, Ms Sue Weatherley, added that no recommendations were contained in the guide and added that any establishment could make application for inclusion.

 

 

 

 

6

SUBJECT          Tree Audit

REFERENCE   F2005/02189

FROM                 Councillor Lorraine Wearne

12206

Councillor Wearne advised that Council had undertaken a tree audit, however despite repeated requests, the results of the audit had never been presented to Council.

 

Councillor Wearne requested that an update on this issue be provided.

 

 

 

 

 

7

SUBJECT          Organisational Chart

REFERENCE   F2008/04592

FROM                 Councillor Lorraine Wearne

12207

Councillor Wearne requested that an organisational chart down to level 4, including staff names and positions, be provided to all Councillors.

 

 

 

8

SUBJECT          Civic Place Development

REFERENCE   F2008/01582

FROM                 Councillor Prabir Maitra

12208

Councillor Maitra requested that an update be provided to all Councillors on the present position with the Civic Place Development.

 

 

 

 

 

9

SUBJECT          Widening of Gasworks Bridge and Bridge in Bridge Road, Westmead

REFERENCE   F2008/04592

FROM                 Councillor Prabir Maitra

12209

Councillor Maitra sought advice on action that could be taken by Council to widen the bridge in Bridge Road, Westmead.

 

The Lord Mayor requested that similar advice be provided in relation to the possible widening of the Gasworks Bridge.

 

 

 

 

10

SUBJECT          Councillor Pocket Guide

REFERENCE   F2008/04592

FROM                 Councillor Mark Lack

12210

Councillor Lack sought advice on when Councillors would receive an updated version of the Councillor Pocket Guide.

 

 

 

 

 

11

SUBJECT          Information on Seniors Week

REFERENCE   F2004/07825

FROM                 Councillor Glenn Elmore

12211

Councillor Elmore noted that the guide distributed by Council in relation to Seniors Week contained excellent information together with advice on numerous free activities.

 

Councillor Elmore sought advice on how the guide was advertised and distributed and questioned whether it could be circulated with the rate notices.

 

 

 

 

12

SUBJECT          Parramatta Cup

REFERENCE   F2008/04592

FROM                 Councillor Lorraine Wearne

12212

Councillor Wearne sought advice on the date of the running of the Parramatta Cup at Rosehill Gardens.

 

 

 

 

 

13

SUBJECT          Broken Clock - Corner of Victoria Road and Church Street, Parramatta

REFERENCE   F2004/10359

FROM                 Councillor Chiang Lim

12213

Councillor Lim advised that the clock located at the corner of Victoria Road and Church Street, Parramatta had been broken for an extended period of time and requested that urgent action be taken to fix this problem.

 

 

 

 

14

SUBJECT          Parra Connect and Eparra Strategy

REFERENCE   F2010/02277

FROM                 Councillor Chiang Lim

12214

Councillor Lim requested that an internal memorandum be provided to all Councillors outlining the budget allocated to Parra Connect and the Eparra Strategy together with advice on expenditure on these projects from 2009/10 to date.

 

 

The meeting terminated at 8.37 pm.

 

THIS PAGE AND THE PRECEDING 19 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON MONDAY, 14 MARCH 2011 AND CONFIRMED ON MONDAY, 28 MARCH 2011.

 

 

 

 

 

Lord Mayor