MINUTES OF THE Meeting of Parramatta City Council HELD IN THE Council Chamber, CIVIC PLACE, PARRAMATTA ON Monday, 11 April 2011 AT 6.45pm

PRESENT

The Lord Mayor, Councillor J Chedid in the Chair and Councillors P B Barber (arrived 6.47pm and retired 9.37pm), G J Elmore, P Esber, P J Garrard, A Issa, OAM (arrived 6.46pm), 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.

NOTE:     Councillor A Issa arrived at the meeting at 6.46 pm during consideration of this matter.

MINUTES

	SUBJECT          Minutes of the Council  Meeting held on 28 March 2011
	RESOLVED      (Esber/Lim)
12250	That the minutes be taken as read and be accepted as a true record of the Meeting.

APOLOGIES

	RESOLVED      (Esber/Lloyd)
12251	That an apology be received and accepted for the absence of Councillor J D Finn and it be noted in accordance with Section 234(1) of the Local Government Act, leave of absence had previously been granted to Councillor A Bide.

DECLARATIONS OF INTEREST

There were no declarations of interest at this Council (Development) Meeting.

MINUTES OF THE LORD MAYOR

1	SUBJECT          State Environmental Planning Policy (Affordable Rental Housing) 2009 REFERENCE   F2007/02152 FROM                 John Chedid
	RESOLVED      (Chedid/Wilson)
12252	(a)      That Council call on the New South Wales Government to repeal the State Environmental Planning Policy (Affordable Rental Housing) 2009. (b)      Further that Councils should be fully consulted on any transitional provisions associated with existing undetermined applications.
	NOTE:       Councillor P B Barber arrived at the meeting at 6.47 pm during consideration of this matter.

2	SUBJECT          Part 3A Development Approvals for Joint Regional Planning Panels REFERENCE   F2007/02152 FROM                 The Lord Mayor, Councillor John Chedid
	MOTION    (Chedid/Wilson)
	(a) That Council call on the new state government to repeal Part 3A and disband all Joint Regional Planning Panels. (b) That the Minister for Planning reinstate the Parramatta Central Planning Committee. (c) That the Lord Mayor contact the Minister for Planning and the Premier to seek an urgent meeting to discuss transitional arrangements to allow for the smooth transfer of the assessment of Part 3A applicants from the State Government to Local Councils. (d) Further, that WSROC and the Executive of the Local Government Association of NSW be advised of this decision.
	AMENDMENT   (Esber) (a)      That Council call on the new state government to repeal Part 3A and disband all Joint Regional Planning Panels. (b)      Further, that the Lord Mayor contact the Minister for Planning and the Premier to seek an urgent meeting to discuss transitional arrangements to allow for the smooth transfer of the assessment of Part 3A applicants from the State Government to Local Councils.
	The amendment was withdrawn by Councillor Esber.
12253	The motion was put and carried.

PUBLIC FORUM

1

SUBJECT          Objection to Development Application - 221 Guildford Road and 66 Marian Street, Guildford REFERENCE   DA/641/2010 FROM                 Mr Tim O’Donnell

"I would like to make objections in relation to DA/641/2010. In particular, I would like to advise:- 1. The existing traffic congestion is not mentioned. Marian Street is a narrow street with cars generally parked on both sides so that traffic is reduced to one way only. This is a busy intersection in the afternoon peak as traffic uses Marian St to avoid Woodville Rd. The proposed development will increase the number of cars parked in Marian St adjacent to the intersection with Guildford Road. This will increase the hazard for pedestrians especially the elderly who have to cross the road to get to the shopping centre. Most accidents at this intersection are not reported to the police due to the minor nature. 2. This area has experienced localised flooding. The proposed development will increase the burden on the storm water system and affect the adjoining residents. 3. The application refers to 50% affordable housing. However, 1 bedroom of 30sqm is being compared to 3 bedroom units of 120 to 150sqm. Eleven (11) bedrooms out of 27 bedroom is not 50%. The affordable housing is getting the less desirable units. This is the sort of discrimination should not be tolerated.  4. The proposal is an overdevelopment of the site. Other units approved the vicinity have been for 6 units, not 12. 5. A family car will have to reverse into or out of the site into restricted traffic in Marian Street due to the size of the garage. 6. The area is the gateway to Guildford Shopping Centre. The soaring flat roofs of the proposed development are not found in the area most buildings have gable roofs. This will amplify the size of the building. 7.  It does not comply with the recommended streetscape previously produced by Parramatta Council.”

SUSPENSION OF STANDING ORDERS

12254 RESOLVED      (Lim/Wilson)

That Standing Orders be suspended to enable consideration of an urgent motion pertaining to support for Parramatta’s Medical Research Institutes.

The Lord Mayor ruled the matter was one of urgency.

1	SUBJECT          Support for the City of Parramatta's Medical Research Institutes in Anticipation of May 2011 Federal Budget Outcome REFERENCE   F2009/01199 FROM                 Councillor C X Lim
	RESOLVE         D       (Lim/Lloyd)
12255	(a)     That Parramatta City Council write to:           1       Ms Julie Owen MP, the Federal Member for Parramatta;           2       The Hon Julia Gillard MP, the Prime Minister of Australia;           3       The Hon Wayne Swan MP, the Federal Treasurer;           4       Ms Marisa Payne, Senator;           5       Mr Alex Hawke, Member of Mitchell;           6       Mr John Alexander, OAM, Member for Bennelong. demonstrating the City of Parramatta's unequivocal support for the Children's Medical Research Institute (CMRI), Kid’s Research Institute (KRI) and the Westmead Millennium Research Institute (WMRI), their contributions to medical research, and their scientific and support staff. (b)      That Council objects to any cuts in funding to the CMRI, KRI and WMRI and urges the Federal Government to increase funding and support to the National Health and Research Council (NHMRC) in its May 2011 budget. (c)       That Council collaborates with the CMRI, KRI and WMRI, in particular Professor Roger Reddel and Professor Tony Cunningham AO, in order to produce and submit Council's advocacy in the strongest possible terms, including the list of successes to date achieved by CMRI, KRI and WMRI, as well as the negative and consequential effects such federal funding cuts to the NHMRC will bear on the future well-being of Australians. (d)      Further, that Council organise a delegation to meet with Ms Owens, Senator Payne and other appropriate Federal Parliamentarians to seek their support for the CMRI, KRI, WMRI and the NHMRC's medical research.

RESUMPTION OF STANDING ORDERS

12256 RESOLVED      (Wearne/Lloyd)

That Standing Orders be resumed.

PETITIONS

1	SUBJECT          Objection to DA/27/2011 - Erection of Mobile Phone Tower at Corner of Macarthur and Fernell Street, North Parramatta REFERENCE   DA/27/2011 FROM                 P Russo and Others
	RESOLVED      (Lack/Maitra)
12257	That the petition be received and referred to the appropriate assessment officer for consideration in conjunction with the appropriate development application prior to a formal report being submitted to Council.

2	SUBJECT          Request for Speed Humps in Kennedy Street, Guildford REFERENCE   F2009/03109 FROM                 J Kanj and others
	RESOLVED      (Issa OAM/Esber)
12258	(a)      That the petition be received and referred to the appropriate officer for report. (b)      Further, that the Ward Councillors be advised of the amount of monies currently available in the Urgent Works Fund.

3	SUBJECT          Objection to Possible Rezoning of Cowells Lane Tennis Courts REFERENCE   F2009/02710 FROM                 J Miles and Others
	RESOLVED      (Wearne/Wilson)
12259	That the petition be received and considered in conjunction with the rezoning hearings held in relation to this issue.
	NOTE:     Councillor A A Wilson requested that his support for this decision be recorded and that he be provided with a copy of the petition.

Rescission Motions

7.1	SUBJECT          Electric Vehicles REFERENCE   F2010/02630 - D01904814 REPORT OF     Senior Project Officer – Transport Planning
	RESOLVED      (Wearne/Lloyd)
12260	That the resolution of the Council Meeting held on 28 March 2011, regarding, Electric Vehicles namely:- “(a)    That a report be prepared on incentives to encourage Parramatta based organisations and individuals to acquire electric vehicles. (b)     Further, that Council undertakes an Expression of Interest process to procure electric vehicle recharge units and possibly electric vehicles for a trial period, once the above is established.” be and is hereby rescinded
	RESOLVED      (Wearne/Lim)
12261	That a report be prepared on incentives to encourage Parramatta based organisations or individuals to acquire electric vehicles and such report investigate possible expression of interest processes to procure electrical recharge units and possibly electric vehicles for a trial period.

Economy and Development

8.1	SUBJECT          Appointment of Observer to Civic Place Management Committee REFERENCE   F2004/06405 - D01896273 REPORT OF     General Counsel
	RESOLVED      (Wilson/Wearne)
12262	That Councillor P J Garrard be appointed as a replacement observer to the Civic Place Management Committee.

8.2	SUBJECT          Variations to Standards under SEPP 1 REFERENCE   F2009/00431 - D01897420 REPORT OF     Manager Development Services
	RESOLVED      (Esber/Elmore)
12263	That the report be received and noted.

Governance and Corporate

9.1	SUBJECT          Draft Amended Delivery Program 2010 -14. Draft Operational Plan 2011-12. Draft Fees and Charges 2011/12. Updated Long Term Financial Plan REFERENCE   F2010/01685 - D01904885 REPORT OF     Manager Finance. Also Group Manager Corporate Services Memorandum dated 7 April 2011.
	RESOLVED      (Esber/Lim)
12264	(a)       That Council adopts the – 1     Draft amended Delivery Program 2010-2014 2     Draft Operational Plan 2011/12 3     Draft Fees and Charges 2011/12 4     Updated Long Term Financial Plan (b)       That Council approve the placing of the draft amended Delivery Program 2010/11 to 2013/14 and draft Operational Plan 2011/12 on public exhibition for a period of 28 days from 21^st of April to 22^nd May. (c)        Further, that Council note the change in rate for shell as a result of their change in rating category application.

Reports - Domestic Applications

11.1	SUBJECT          7 Kay Street, Carlingford (LOT 5 DP 217146) (Lachlan Macquarie) DESCRIPTION Alterations and additions to an existing 2 storey dwelling to create a third storey. REFERENCE   DA/12/2011 - 13 January 2011 APPLICANT/S  Design & Building Group OWNERS          Mr Y X Chen & Mrs Q Lin 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(1) of Local Environmental Plan 2001 and the application is accompanied by an objection under SEPP 1.
	RESOLVED      (Garrard/Esber)
12265	(a)      That Council support the variation to Clause 39(1) of the PLEP 2001 under the provisions of SEPP 1. (b)      That Council as the consent authority grant development consent to Development Application No. DA/12/2011 for the alterations and additions to an existing 2 storey dwelling to create a third storey at 7 Kay Street, CARLINGFORD 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. (c)       Further, that the submitter be advised of Council’s determination.
	DIVISION      The result being: AYES             The Lord Mayor, Councillor J Chedid and Councillors P B Barber, G J Elmore, P Esber, P J Garrard, A Issa, OAM, M A Lack, S D Lloyd, P K Maitra, M D McDermott and L E Wearne NOES            Councillors C X Lim and A A Wilson.

Reports - Major Applications

12.1	SUBJECT          12 William Street, North Parramatta (Lot 3 DP 372347) (Arthur Phillip Ward) DESCRIPTION Section 82A Review to seek approval for retention of the existing dwelling, tree removal and construction of a two storey dwelling to create a dual occupancy development with Torrens Title subdivision. REFERENCE   DA/375/2010 - 23 December 2010 APPLICANT/S  Mr V M Sciglitano OWNERS          Mr V M Sciglitano 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.
	RESOLVED      (Esber/Lim)
12266	That Council uphold its determination and refuse Development Application DA/375/2010 for tree removal and the construction of a 2 storey attached dual occupancy development on land at 12 William Street, North Parramatta for the reasons contained in Attachment 1 of this report.
	DIVISION      The result being: AYES             The Lord Mayor, Councillor J Chedid and Councillors P B Barber, 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, L E Wearne and A A Wilson. NOES            None.

12.2	SUBJECT          3-5 McArdle Street, Ermington (Lot 3 & Lot 4 DP 36752)(Lachlan Macquarie Ward) DESCRIPTION Demolition, tree removal and construction of a multi-unit development comprising 6 dwellings over a basement carpark REFERENCE   DA/829/2010 - Submitted 20 October 2010 APPLICANT/S  Australian Consultant Architects OWNERS          Mr Z J Chen REPORT OF     Manager Development Services REASON FOR REFERRAL TO COUNCIL                             The application has been referred to Council as ‘multi dwelling housing’ is a prohibited land use under the proposed Residential R2 zoning of the Draft Local Environmental Plan 2010.
	RESOLVED      (Esber/Wilson)
12267	(a)      That consideration of this matter be deferred pending an on site meeting between interested Councillors and the public with arrangements being left in the hands of the Lord Mayor. (b)      Further, that Council seek legal advice from an external legal firm well versed in planning law on whether similar applications should be assessed under draft Parramatta LEP 2010 and not LEP 2001.
	DIVISION      The result being: AYES             The Lord Mayor, Councillor J Chedid and Councillors P B Barber, 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, L E Wearne and A A Wilson. NOES            None.

12.3

SUBJECT          25 Campbell Street, Parramatta (Lot 2) (DP345390)

DESCRIPTION Section 96(1a) modification to an approved 9 storey residential flat building containing 29 apartments. Modifications include the provision of one additional apartment (total 30), changes to internal layout, changes to planter boxed and changes to roofing material.

REFERENCE   DA/652/2004/C - Lodged 8 December 2010

APPLICANT/S  Open Space Pty Ltd

OWNERS          Open Space Pty Ltd

REPORT OF     Manager Development Services

REASON FOR REFERRAL TO COUNCIL

                            The application is referred to Council as the original application for demolition, tree removal and construction of a 9 storey residential building containing 29 units with 3 levels of basement car parking was approved by Council on 12 December 2005.

RESOLVED      (Esber/Lim)

12268

(a)     That Council as the consent authority modify development consent No. 652/2004 in the following manner:

          1.      The following conditions be modified 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
Site plan S96 -002 Prepared by Mike Macaulay Associates Architects	26/11/2010
Basement level 1 S96 -005 Prepared by Mike Macaulay Associates Architects	26/11/2010
Basement level 2 S96 -004 Prepared by Mike Macaulay Associates Architects	26/11/2010
Basement level 3 S96 -003 Prepared by Mike Macaulay Associates Architects	26/11/2010
Ground floor S96 -006 Prepared by Mike Macaulay Associates Architects	26/11/2010
Level 1 S96 -007 Prepared by Mike Macaulay Associates Architects	26/11/2010
Level 2 S96 -008 Prepared by Mike Macaulay Associates Architects	26/11/2010
Level 3 S96 -009 Prepared by Mike Macaulay Associates Architects	26/11/2010
Level 4 S96 -010 Prepared by Mike Macaulay Associates Architects	26/11/2010
Level 5 S96 -011 Prepared by Mike Macaulay Associates Architects	26/11/2010
Level 6 S96 -012 Prepared by Mike Macaulay Associates Architects	26/11/2010
Level 7 S96 -013 Prepared by Mike Macaulay Associates Architects	26/11/2010
Level 8 S96 -014 Prepared by Mike Macaulay Associates Architects	26/11/2010
Roof plan S96 -015 Prepared by Mike Macaulay Associates Architects	26/11/2010
North & south elevation S96 -018 Prepared by Mike Macaulay Associates Architects	26/11/2010
East elevation S96 -017 Prepared by Mike Macaulay Associates Architects	26/11/2010
West elevation S96 -018 Prepared by Mike Macaulay Associates Architects	26/11/2010
Section A-A S96 -019 Prepared by Mike Macaulay Associates Architects	26/11/2010
Section b-b & section C-C S96 -020 Prepared by Mike Macaulay Associates Architects	26/11/2010

Document(s)	Dated
BCA Compliance Report	28 October 2005
Acoustical Assessment Report	31 October 2005
Traffic and Parking Report	October 2005
Wind Assessment Report and Energy Efficiency Report	20 September 2005
Waste Management Plan	6 October 2005

Note:               In the event of any inconsistency between the architectural plan(s) and the landscape plan(s) and/or stormwater disposal plan(s) (if applicable), the architectural plan(s) shall prevail to the extent of the inconsistency.

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

27.    The payment of the following monetary contributions in accordance with Council's Comprehensive Section 94 Contributions Plan:

Traffic and Transport                                                                                                                              $40,795.97

Open Space and Public Space and Recreation   

                                                                                                                                                                            $107,210.25

Community and Cultural                                                              $12,741.43

Other                                                                                                                                                        $169.45

Plan Management and Administration                                        $16,628.26

This result is a total contribution of $177,545.36 to be paid to Council prior to the issue of the Construction Certificate. The Section 94 Contribution fees are subject to CPI.  The applicable indexation will be applied to the base contribution described above at the time of payment.

Reason:            To comply with the adopted Section 94 Plan.

Note: A figure of $171,296.83 was paid to Council on 18 August 2010.

          2.      The following additional conditions be imposed:

102.       The development shall make provision for a total of 37 car parking spaces, 6 of which are to be allocated as visitor parking. This requirement shall be reflected on the Construction Certificate plans. The approved car parking spaces shall be maintained to the satisfaction of Council, at all times.

Reason:      To ensure adequate car parking facilities are provided.

          103.  The air conditioner/s must not:

(a)    Emit noise that is audible within a habitable room in any other residential property (regardless of whether any door or window to that room is open):

(i)      before 8.00am and after 10.00pm on any Saturday, Sunday or public holiday; or

(ii)     before 7.00am and after 10.00pm on any other day.

(b)       Emit a sound pressure level when measured at the boundary of any other residential property, at a time other than those specified in (i) and

(ii)     above, which exceeds the background (LA90, 15 minute) by more than 5dB(A). The source noise level must be measured as a LAeq 15 minute.

Reason:   To prevent loss of amenity to the area.

(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, 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.

12.4	SUBJECT          19/423 Church Street, Parramatta (Lot 19 SP 17206) DESCRIPTION Use of the existing premises as a remedial Thai massage centre. REFERENCE   DA/917/2010 - Lodged 15 November 2010 APPLICANT/S  Lihua Chen OWNERS          Mr L Du and Mrs C L Ly REPORT OF     Manager Development Services REASON FOR REFERRAL TO COUNCIL                             The application is being referred to Council as the proposed use involves massage services and the site is listed as a heritage item of State Significance under Parramatta City Centre LEP 2007.
	RESOLVED      (Lim/Issa, OAM)
12269	That Council as the consent authority refuse development consent to Development Application No. 917/2010 for use of existing premises as a remedial thai massage centre on land at 19/423 Church Street Parramatta for the following reasons:          The applicant has failed to provide evidence that the qualification of the operator of the business is equivalent to HLT 50307-Diploma of Remedial Massage, which is required by Parramatta Development Control Plan for Sex Services and Restricted Premises.          The applicant has failed to provide evidence that staff providing massage therapy have completed HLT 40307-Certificate IV in Massage or an equivalent qualification, which is required by Parramatta Development Control Plan For Sex Services and Restricted Premises.          The applicant has failed to provide evidence that the operator of the business is accredited with at least one recognised health fund as a registered health provider, which is required by Parramatta Development Control Plan for Sex Services and Restricted Premises.          The proposal is not in the public interest.
	DIVISION      The result being: AYES             The Lord Mayor, Councillor J Chedid and Councillors P B Barber, 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, L E Wearne and A A Wilson. NOES            None.

12.5	SUBJECT          320 Railway Terrace, Guildford Lot 1 DP 177259 (Woodville Ward) DESCRIPTION Demolition and construction of a 5 storey building containing a local shop and 11 units under the Affordable Rental Housing SEPP (2009). REFERENCE   DA/833/2010 - 20 October 2010 APPLICANT/S  TJI & CO P/L OWNERS          TJI & CO P/L REPORT OF     Manager Development Services REASON FOR REFERRAL TO COUNCIL                             This application is referred to Council for determination as a variation of more than 10% is sought to Clause 39(1)(b) – Maximum Height (Residential Flat Building) of Parramatta Local Environmental Plan 2001.
	MOTION             (Elmore/Maitra) (a)     That consideration of this matter be deferred. (b)      Further, that advice be provided by the General Counsel on possible grounds for the refusal of the application.
	AMENDMENT   (Issa OAM/Esber)
	(a)      That consideration of this matter be deferred pending an on site meeting. (b)      Further, that advice be provided by the General Counsel on possible grounds for the refusal of the application at this on site meeting.
12270	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 P B Barber, 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, L E Wearne and A A Wilson. NOES            None.

12.6	SUBJECT          8 Willoughby Street, Epping Lot 1 DP 13928 DESCRIPTION Demolition, tree removal and construction of a detached dual occupancy development with Torrens title subdivision. REFERENCE   DA/599/2010 - 28 July 2010 APPLICANT/S  Residential Logistics Pty Ltd OWNERS          Mr A R Cale and Mrs K S Cale REPORT OF     Manager Development Services. Also correspondence from Bartier Perry dated 7 April 2011. REASON FOR REFERRAL TO COUNCIL                             The application is being referred to Council for determination due to the number of submissions received.
	MOTION             (Wearne/Wilson)
	That consideration of this matter be deferred pending additional information to be provided by the CEO.
	AMENDMENT   (Issa OAM/Lim) (a)       That Council as the consent authority grant development consent to Development Application No. 599/2010 for demolition, tree removal and construction of a detached 2 storey dual occupancy development with Torrens title at 8 Willoughby Street, Epping, 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 amendment was put and lost.
12271	The motion was put and carried.
	DIVISION      The result being: AYES             The Lord Mayor, Councillor J Chedid and Councillors P B Barber, G J Elmore, P Esber, M D McDermott, L E Wearne and A A Wilson. NOES            Councillors P J Garrard, A Issa, OAM, M A Lack, C X Lim, S D Lloyd and P K Maitra.

12.7

SUBJECT          65-75 Macquarie Street Parramatta (Lot E-I &Pt M DP 15108) (Arthur Phillip Ward)

DESCRIPTION Section 96(2) modification to an approved herbal health clinic including increasing the number of massage tables from 1 to 4 and increasing the hours of operation to 9:30am - 7:00pm 7 days.

REFERENCE   DA/501/2009/A - Lodged 25 January 2011

APPLICANT/S  J Z Health Solutions

OWNERS          Mr J S Horsfield and Mr K A Stanberg and R W Irvine and MR A H Woodland and Mr A A Hyam

REPORT OF     Manager Development Services

REASON FOR REFERRAL TO COUNCIL

                            The application is being referred to Council as the proposed use involves therapeutic massage services and the original application was determined at Council on 12 October 2009.

RESOLVED      (Lim/Wearne)

12272

That Council as the consent authority, modify development consent to Development Application No. 501/2009 under Section 96(2) in the following manner:

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
Site plan, elevation and ground floor plan and signage plan	22 January 2011

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

Amend condition no. 10 as follows:

10.      The days and hours of operation are restricted to 9:30am to 7:00pm, 7 days a week.  Any alterations to the above will require further development approval.

Reason:  To minimise the impact on the amenity of the area.

DIVISION      The result being:

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

NOES            Councillor M D McDermott.

12.8	SUBJECT          3 Edison Parade, WINSTON HILLS  NSW  2153 (Caroline Chisholm Ward) DESCRIPTION Lots 30 & 32, DP 238991, Lots 19-20, DP 236718, Lot 1, DP 554740, Lots 16-17, DP 237946, Lot 1, DP 236633, Lot 56, DP 236691, Lot 28, DP 238733, Lot 47, DP 228852, Lot 12, DP 237323 and Lot 19, DP 238225, Third Settlement Reserve (Pk 199) Use of Third Settlement Park annually for an Australia Day Breakfast and citizenship ceremony on 26 January. REFERENCE   DA/4/2011 - 10 January 2011 APPLICANT/S  Rotary Club of Winston Hills OWNERS          Parramatta City Council REPORT OF     Manager Development Services REASON FOR REFERRAL TO COUNCIL                             The development application has been referred to Council as Parramatta City Council is the owner of the property. The application has been assessed by an independent consultant planner.
	RESOLVED      (Lloyd/Barber)
12273	That Council as the consent authority grant development consent to Development Application No. 4/2011 for the use of Third Settlement Park for an Australia Day Breakfast and citizenship ceremony on 26 January for a period of 5 years, at No. 3 Edison Parade, Winston Hills, subject to the recommended conditions in Attachment 1 with the deletion of conditions 8 and 20.
	DIVISION      The result being: AYES             The Lord Mayor, Councillor J Chedid and Councillors P B Barber, 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, L E Wearne and A A Wilson. NOES            None.

12.9	SUBJECT          297 - 299 Woodville Road (Cnr Constance Street) Guildford (Lot 7 and 8 in DP 128795) (Woodville Ward) DESCRIPTION Tree removal and construction of a 3 storey mixed use development containing 3 ground floor retail tenancies and 12 apartments with at grade and basement carparking accessed from Constance Street REFERENCE   DA/826/2010 - Lodged 19 October 2010 APPLICANT/S  Designcorp Pty Ltd OWNERS          Mr M Mustafa REPORT OF     Manager Development Services REASON FOR REFERRAL TO COUNCIL                             The proposal is referred to Council for determination as under the Draft Local Environmental Plan 2010 the residential component of the development would be prohibited.
	RESOLVED      (Garrard/Elmore)
12274	That consideration of the application be deferred pending legal advice from an external legal firm well versed in planning law on whether similar applications should be assessed under draft Parramatta LEP 2010 and not LEP 2001.
	DIVISION      The result being: AYES             The Lord Mayor, Councillor J Chedid and Councillors P B Barber, G J Elmore, P Esber, P J Garrard, M A Lack, C X Lim, S D Lloyd, P K Maitra, M D McDermott, L E Wearne and A A Wilson. NOES            Councillor A Issa, OAM.

12.10	SUBJECT          Further Report - 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  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                             Matter previously deferred by Council for on site meeting.
	RESOLVED      (Wearne/ Wilson)
12275	(a)      That Council support the variation to Clause 39 of Parramatta Local Environmental Plan 2001 under the provisions of SEPP 1. (b)      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 commencement consent under Section 80(3) of the Environmental Planning and Assessment Act, 1979 subject to the conditions contained in Attachment 1 and the following extraordinary conditions: 1. The roof pitch of the uppermost ridge is to be reduced to 21 degrees, in accordance with details to be submitted to the satisfaction of the Principal Certifying Authority before the issue of a Construction Certificate. Reason:      To minimise the impact of visual bulk from the rear of the site. 2. That the sill height of rear windows be 1.5 m in the upper storey. (c)       Further, that the person who lodged a submission to the application 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, 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, L E Wearne and A A Wilson. NOES            None.

12.11	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. Also Confidential General Counsel Memorandum dated 4 April 2011. REASON FOR REFERRAL TO COUNCIL                             Due to the number of submissions received and matter also deferred from Council Meeting held on 11 March 2011 pending a report framing grounds for refusal of the application.
	RESOLVED      (Esber/Elmore)
12276	That Confidential General Counsel Memorandum dated 4 April 2011 be discussed in Closed Session with the matter to be addressed following resumption of Open Council.

CLOSED SESSION
12277	RESOLVED      (Esber/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:-

12.11           Development Application - 221 Guildford Road & 66 Marian Street, GUILDFORD Lot D & E DP 356632 (Woodville Ward) – General Counsel’s Memorandum dated 4 April 2011.

This memorandum is considered in Closed Session in accordance with section 10A (2) (g) of the Local Government Act 1993 as the memorandum contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

NOTE:        Confidential General Counsel Memorandum dated 4 April 2011 listed for discussion only.

13.1             Legal Matters Monthly Report to Council. (D01897426) - 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.

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

13.1	SUBJECT          Legal Matters Monthly Report to Council REFERENCE   F2004/07898 - D01897426 REPORT OF     Manager Development Services
	RESOLVED      (Lim/Issa OAM)
12278	That the report be received and noted.

MAJOR APPLICATONS – FURTHER CONSIDERATION OF ITEM 12.11

12.11	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. Also Confidential General Counsel Memorandum dated 4 April 2011. REASON FOR REFERRAL TO COUNCIL                             Due to the number of submissions received and matter also deferred from Council Meeting held on 11 March 2011 pending a report framing grounds for refusal of the application.
	MOTION             (Esber/Issa OAM)
	(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.
	AMENDMENT (Barber/Maitra) That the application be refused on the following grounds:- 1. The proposal is an overdevelopment of the site; 2. The proposal provides inadequate solar access to all units; 3. The proposal provides inadequate storage arrangements; 4. Unsafe egress is available from the car park; 5. Inadequate communal space is provided; 6. The proposal provides inadequate building separation; 7. The proposal is not in the public’s interest.
	The amendment was put and lost.
12279	The motion was put and carried.
	Division  The result being:- AYES             The Lord Mayor, Councillor J Chedid and Councillors P Esber, P J Garrard, A Issa, OAM, M A Lack, S D Lloyd, M D McDermott, and A A Wilson. NOES           Councillors P B Barber, G J Elmore, C X Lim, P K Maitra and L E Wearne.

QUESTION TIME

1	SUBJECT          Development Application - Talbot and Guildford Roads, Guildford REFERENCE   F FROM                 Councillor Glenn Elmore
12280	Councillor Elmore referred to a Development Application submitted for Talbot and Guildford Roads, Guildford which had recently been approved by staff and questioned why the application had not been submitted to Council, bearing in mind the application did not comply with the relevant zoning. Ms Weatherley advised that whilst the application may not have complied fully with FSR and height controls, the application did comply with the relevant zoning. The Chief Executive Officer added that the matter would be investigated and a full response provided to Councillor Elmore. Councillor Issa noted that the Talbot Road application was actually issued with a deferred commencement consent. Ms Weatherley noted that certain items, though permitted to be considered by staff under delegated authority, were referred to Council for consideration as it was not considered appropriate for an officer to make certain decisions. The CEO advised that a workshop would be held in the near future to reconsider staff delegations as certain items were being submitted to Council which perhaps did not need to be and visa versa.
	NOTE:           Councillor P B Barber retired and Councillor A A Wilson left the meeting at 9.38 pm during consideration of this matter.

2	SUBJECT          Save Our Suburbs Campaign REFERENCE   F2004/06472 FROM                 Councillor Glenn Elmore
12281	Councillor Elmore noted that Council had previously resolved to offer Save Our Suburb Signage no longer in use to other Councils. Councillor Elmore asked whether any Councils had accepted this offer.
	NOTE:           Councillor A A Wilson returned to the meeting at 9.40 pm during consideration of this matter.

3	SUBJECT          Queensland Presentation REFERENCE   F2008/04592 FROM                 Councillor Pierre Esber
12282	Councillor Esber asked whether the Lord Mayor had recently made a presentation in Queensland relating to flood relief and if so, sought advice on who attended the presentation and the cost involved.

4	SUBJECT          Outstanding Speed Hump Requests REFERENCE   F2009/03109 FROM                 Councillor Tony Issa OAM
12283	Councillor Issa asked that he be provided with a list of all currently outstanding requests for speed humps in the Woodville Ward.

5	SUBJECT          Pendle Hill Creek - Overgrown Vegetation REFERENCE   F2006/00018 FROM                 Councillor Scott Lloyd
12284	Councillor Lloyd requested that he be contacted by the Waterways Manager in relation to concerns with overgrown vegetation in Pendle Hill Creek and possible flooding that may result.

6

SUBJECT          Ideas Competition REFERENCE   F2010/02066 FROM                 Councillor Chiang Lim

12285

Councillor Lim referred to the recent resolution by Council to conduct an Ideas Competition and asked if any persons had been appointed to the adjudication panel as yet. He also noted that the Ideas Competition is not easily accessible on Council’s Website. The Chief Executive Officer advised that no invites had been sent to any panellists as yet and added the Lord Mayor and himself was currently considering possible names.

The meeting terminated at 9.45 pm.

THIS PAGE AND THE PRECEDING 23 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON MONDAY, 11 APRIL 2011 AND CONFIRMED ON WEDNESDAY, 27 APRIL 2011.

Lord Mayor