MINUTES OF THE Meeting of Parramatta City Council HELD IN THE Council Chamber, CIVIC PLACE, PARRAMATTA ON Monday, 9 May 2011 AT 6.52pm

PRESENT

The Lord Mayor, Councillor J Chedid in the Chair and Councillors P Barber (retired 8.53pm), A Bide (retired 9.22pm), G J Elmore, P Esber, J D Finn, P J Garrard, A Issa, OAM MP (retired 9.28pm), C X Lim, S D Lloyd, P K Maitra, M D McDermott (Deputy Lord Mayor), L E Wearne and A A Wilson (retired 9.26pm).

MINUTES

	SUBJECT          Minutes of the Council  Meeting held on 27 April 2011
	RESOLVED      (Esber/Lim/)
12322	That the minutes be taken as read and be accepted as a true record of the Meeting.

APOLOGIES

	RESOLVED      (Esber/Elmore)
12323	That an apology be received and accepted for the absence of Councillor M A Lack.

DECLARATIONS OF INTEREST

Councillor J D Finn advised that her employment as a Registrar for Community Housing involved contact with HousingNSW and declared an interest in relation to Item 1 of Petitions regarding Affordable Housing proposals in the Telopea area and the Suspension of Standing Orders dealing with the development of a policy regarding affordable housing (Minute No.s 12324 and 12326 refer).

PETITIONS

1	SUBJECT          Objection to HousingNSW Affordable Housing Developments in the Telopea area. REFERENCE   DA/116/2011 FROM                 Local Residents
	RESOLVED      (Wearne/Wilson)
12324	That the petition be received and considered as an objection to the development application submitted in relation to 1 to 5 Chestnut Avenue and 6  - 8 Burke Street, Telopea and any other relevant applications in the Telopea area.
	NOTE:       Councillor J D Finn declared an interest as her employment as a Registrar for Community Housing involved contact with HousingNSW and temporarily retired from the meeting during consideration and voting on this issue.

SUSPENSION OF STANDING ORDERS

12325          RESOLVED              (McDermott/Wearne)

That Standing Orders be suspended to enable consideration of an urgent motion pertaining to a policy regarding affordable housing development applications under the SEPP for Affordable and Rental Housing

The Lord Mayor ruled the matter was one of urgency.

1	SUBJECT          Development of a Policy Regarding Affordable Housing Development Applications under the SEPP for Affordable and Rental Housing REFERENCE   F2008/01658 FROM                 Councillor Michael McDermott
	RESOLVED      (McDermott/Wilson)
12326	(a)      That as a matter of a policy, Council require all current and future affordable housing development applications under the SEPP for affordable rental housing to have a social impact statement provided. This is to include those development applications presently in the system. (b)      That a report be provided to Council on the development of a policy outlining a process whereby such a social impact statement can be developed and included within the assessment process of future and current affordable housing development applications. This is to include those development applications presently in the system. (c)       That a letter outlining this process and requirement be sent to all existing applicants who have affordable housing applications currently submitted. (d)      That the Council write to the Premier and Minister for Local Government and Minister for Planning requesting a change to the relevant SEPP to require the provision of a social impact statement in the submission of such development applications. (e)      Further, that Council’s Local Members of Parliament be requested to make representations on Council’s behalf in relation to this issue. NOTE:       Councillor J D Finn declared an interest as her employment as a Registrar for Community Housing involved contact with HousingNSW and remained  absent from the meeting during consideration and voting on this issue.

FURTHER SUSPENSION OF STANDING ORDERS

12327        RESOLVED                (Lim/Esber)

That Standing Orders continue to be suspended to enable advice of the recent resignation of Mr Rodney Sutcliffe, Service Manager Ranger & Parking Services to be provided to the Chamber.

1	SUBJECT          Resignation of Mr Rodney Sutcliffe, Service Manager Ranger & Parking Services. REFERENCE   Personnel File FROM                 Councillor Chiang Lim
	NOTE
12328	Councillor C X Lim advised, with sadness, that Mr Rodney Sutcliffe, Service Manager Ranger and Parking Services had recently retired from Council’s employ following his recent appointment to a position at Canterbury Council and wished Mr Sutcliffe all the best for his future position.

2	SUBJECT          Resignation of Mr Justin Mulder, Former Advisor to the Lord Mayor REFERENCE   Personnel File FROM                 Councillor Tony Issa OAM MP
	NOTE
12329	Councillor A Issa OAM thanked Mr Justin Mulder for his services in his former role as Advisor to the Lord Mayor following his recent resignation from his employment at Parramatta City Council.

3	SUBJECT          Passing of Mrs Lisa Langford REFERENCE   F2004/06694 FROM                 Dundas Shamrocks JRLFC
	NOTE
12330	Councillor P Esber sadly advised of the passing of Mrs Lisa Langford who had passed away in March this year and paid  homage to the family of Mrs Langford. Councillor Esber tabled information of a fund raiser to be held by the Dundas Shamrocks JRLFC and requested that the Office of the Lord Mayor give consideration to providing assistance, where possible, to the fundraiser including the issue of an invitation to attend to Councillors.

RESUMPTION OF STANDING ORDERS

12331        RESOLVED      (Garrard/Wearne)

That Standing Orders be resumed.

PETITIONS  (Cont’d)

2	SUBJECT          Request for Zebra Crossing with Speed Reduction Devices - Clyde Street, South Granville REFERENCE   F2009/03109 – D01950909 FROM                 Local Residents
	RESOLVED      (Garrard/Issa, OAM)
12332	(a)      That the petition be received and referred to the Service - Manager Traffic and Transport for report, such report to be submitted to the Parramatta Traffic Committee along with the advice that the Council supports the community’s concerns. (b)      That the Parramatta Traffic Committee also be requested to give consideration to the implementation of a 40kmh zone in the vicinity of the school in Clyde Street, Granville. (c)       Further, that Council seek a report from the Parramatta Traffic Committee on how safety can be improved within the surrounds of the 2 schools in east Granville (Clyde, The Trongate and Blaxcell Streets).

ECONOMY AND DEVELOPMENT

7.1	SUBJECT          Variations to Standards under SEPP 1 REFERENCE   F2009/00431 - D01927830 REPORT OF     Manager Development Services
	RESOLVED      (Bide/Esber)
12333	That the report be received and noted.

Reports - Domestic Applications

9.1	SUBJECT          17 Coffey Street Ermington (Lot 145) (DP 36566) DESCRIPTION Demolition, tree removal and construction of a two storey dwelling with in ground swimming pool/spa and front fence. REFERENCE   DA/914/2010 - Lodged 15 November 2010 APPLICANT/S  ES Engineering & Drafting OWNERS          Mr E Sleiman and Mr E Sleiman and Ms V Pavic REPORT OF     Manager Development Services REASON FOR REFERRAL TO COUNCIL The application is referred to Council due to the number                             of objections received.
	RESOLVED      (Bide/Issa OAM)
12334	(a)       That Council as the consent authority grant development consent to Development Application No. DA/914/2010 for demolition, tree removal and construction of a  two storey dwelling with  in-ground swimming pool/ spa and front fence at 17 Coffey Street, ERMINGTON  NSW  2115 for a period of five (5) years from the date on the Notice of Determination and subject to the conditions set out in Attachment 1. (b)       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 MP, C X Lim, S D Lloyd, P K Maitra, M D McDermott and L E Wearne. NOES            Councillors P Esber and A A Wilson.

9.2	SUBJECT          26 Telopea Street, Telopea (Lot 31 DP 28475) (Lachlan Macquarie Ward) DESCRIPTION Section 82A Review of Determination of DA/215/2010 seeking approval for demolition, tree removal, and construction of a 2 storey attached dual occupancy development with Torrens Title subdivision. REFERENCE   DA/215/2010 - 24 January 2011 APPLICANT/S  R M Design and Consulting OWNERS          Mr D Acimovic REPORT OF     Manager Development Services. Also Senior Development and Certification Officer Memorandum dated 5 May 2011. 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.
	RESOLVED      (Wilson/Issa OAM)
12335	(a)       That Council as the consent authority change its previous determination and grant development consent to development Application No. DA/215/2010 for demolition, tree removal and construction of a two storey attached dual occupancy with Torrens Title subdivision subject to the conditions of consent contained in Attachment 1. (b)       Further, that the objectors be advised of Council’s decision on the matter
	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, C X Lim, S D Lloyd, P K Maitra, M D McDermott, L E Wearne and A A Wilson. NOES            Nil NOTE:       Councillor A Issa, OAM MP left the meeting at 8.13 pm during consideration of this matter.

9.3	SUBJECT          28 Iron Street, North Parramatta Lot 6 DP 999856 DESCRIPTION Alterations and additions to a single storey dwelling house including a new detached shed to the rear of the property. REFERENCE   DA/1010/2010 - Submitted 15 December 2010 APPLICANT/S  Baini Deisgn OWNERS          Mr S Sadek REPORT OF     Manager Development Services REASON FOR REFERRAL TO COUNCIL                             The application is referred to Council for determination as the proposal involves work to a listed heritage item.
	RESOLVED      (Barber/Maitra)
12336	That Council as the consent authority grant development consent to Development Application No. 1010/2010 for the alterations and additions to a     a heritage listed dwelling on land at 28 Iron Street, North Parramatta subject to conditions contained within Attachment 1.
	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, C X Lim, S D Lloyd, P K Maitra, M D McDermott, L E Wearne and A A Wilson. NOES            None.

9.4

SUBJECT          168 Pennant Street, North Parramatta
(Lot 1 DP 743777) (Elizabeth Macarthur Ward)

DESCRIPTION Section 96(2) application to modify Development Consent Numbered DA/786/2009 (tree removal, restoration of an existing heritage cottage, use of the cottage for commercial purposes, subdivision of the allotment to create an additional allotment and the construction of an attached dual occupancy development at the rear of the site with Torrens title subdivision).

REFERENCE   DA/786/2009/A - 24 February 2011

APPLICANT/S  Mr J Younes

OWNERS          Mr J Younes

REPORT OF     Manager Development Services

REASON FOR REFERRAL TO COUNCIL

                            The Section 96(2) application is referred to Council as the original application was determined by Council as the site is heritage listed.

RESOLVED      (Bide/Lim)

12337

(a)      That Council modify development consent No DA/786/2009 in the following manner:

           Modify Condition 1 to read as follows:-

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 No	Dated
Site/Floor Plan, Elevations and Section for existing Heritage Building S96-01 Issue B Project No 09-031 Sheet 01 of 02	February 2011
Site/Floor Plan, Elevations and Section for proposed dual occupancy development  S96-01 Issue B Project No 09-031 Sheet 02 of 02	February 2011
DA-04 Proposed Subdivision Plan for 168 Pennant Street, North Parramatta Issue E	15 June 2010
Proposed Front Fence Plan for 168 Pennant Street, North Parramatta	18 January 2010
Hydraulic and Sediment Control Plan for 168 Pennant Street, North Parramatta	12 June 2010
Landscape Plan for 168 Pennant Street, North Parramatta	15 June 2010
Document(s)	Dated
Conservation Management Plan prepared by Archnex Designs for 168 Pennant Street, North Parramatta	October 2009
Trade Breakup for 168 Pennant Street, North Parramatta	19 January 2010
Schedule of Finishes (2 Pages) for 168  Pennant Street, North Parramatta	Undated
Basix Certificate (Certificate No. 309836M_03) for 168 Pennant Street, North Parramatta	1 April 2011
Waste Management Plan for 168 Pennant Street, North Parramatta	November 2009

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

(c)       Further, that the matter be referred to the Regulatory Compliance team to investigate whether a Penalty Infringement Notice (PIN) should be issued for the works carried out without consent.

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, C X Lim, S D Lloyd, P K Maitra, M D McDermott, L E Wearne and A A Wilson.

NOES            None.

9.5	SUBJECT          21 Mangalore Drive, Winston Hills (Lot 69 DP 270075) (Caroline Chisholm Drive) DESCRIPTION Construction of a two storey dwelling. REFERENCE   DA/16/2011 -  18 January 2011 APPLICANT/S  B.A.C Designs Pty Ltd OWNERS          M Conlon and B Samarzia REPORT OF     Manager Development Services REASON FOR REFERRAL TO COUNCIL                             The proposal seeks a SEPP 1 variation greater than 10% to Clause 38 “Minimum allotment sizes in Parramatta Local Environmental Plan 2001.
	RESOLVED      (Bide/Wilson)
12338	(a)      That Council support the variation to Clause 38 and Clause 40 of the PLEP 2001 under the provisions of SEPP 1. (b)       That Development Application No. 16/2011 for the construction of a two storey dwelling on land at 21 Mangalore Drive, Winston Hills be approved subject to conditions of consent in Attachment 1 of this report. (c)       Further, that the objector be advised of Council’s decision on the matter.
	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, C X Lim, S D Lloyd, P K Maitra, M D McDermott, L E Wearne and A A Wilson. NOES            Councillor P B Barber.

9.6

SUBJECT          46 Marion Street, Harris Park
Lot 24 DP 395

DESCRIPTION Section 96(1A) modification to approved alterations and additions to a heritage building. The modifications include changes to the internal layout, modification of condition 4 that requires tiles to be retained, deletion of condition 5 that requires the retention of french doors/shutters and modification of condition 18 to allow plant to be placed on the roof at the rear of the site.

REFERENCE   DA/587/2010/A - Submitted 25 February 2011

APPLICANT/S  Mr C Michaels

OWNERS          Mrs P Tarros

REPORT OF     Manager Development Services

REASON FOR REFERRAL TO COUNCIL

                            The original Development Application was determined by Council and the proposed Section 96 (1)(a) application involves works to a heritage item.

RESOLVED      (Bide/Finn)

12339

That Council as the consent authority, modify development consent No. DA/587/2010 under Section 96 (1A) in the following manner

Modify condition 1 to read 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
Plans numbered 1, 2 and 3 drawn by Adriaan Minnard Heritage Architect, Amendment A	09/02/2011

Document(s)	Dated
Acoustic Report prepared by ABC Advanced Engineering	26^th September, 2010
Heritage Impact Statement prepared by Adriaan Minnard	June 2010

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.

Modify condition 4 to read as follows:

4.        The tessellated tiles to the front verandah shall be reinstated to match the fenestration and colours of the existing building. Details are to be submitted to the Principle Certifying Authority, prior to the release of the Construction Certificate.

           Reason: To maintain heritage integrity.

Modify condition 5 to read as follows:

5.     Cedar doors and shutters shall be installed to match the existing French doors and shutters. Detailed drawings and finishes of the proposed cedar doors and shutters are to be provided to the satisfaction of Council’s Heritage Advisor    prior to the issue of the Construction Certificate.  No additional security screening shall be provided.

          Reason: To maintain heritage integrity.

Modify condition 18 to read as follows:

18.   The installation and construction of all plant and equipment (including but not limited to air conditioning equipment) is to be limited to the flat roof located to   the rear of the building and/or within the building itself. No plant or equipment is to be attached or protrude from the walls of the building or from the hipped roof of the heritage item. Detailed elevations and sections outlining the exact dimensions and specifications of the plant and equipment to be placed on the flat roof is to be submitted to the satisfaction of the Principle Certifying Authority prior to the issue of the Construction Certificate.

         Reason: To minimize the impact on surrounding properties, improve visual appearance and amenity for the locality.

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, 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          29 - 33 Darcy Road, Westmead
(Lot 10 DP 1150428) (Arthur Phillip Ward)

DESCRIPTION Section 96(2) application to modify Development Consent No. 829/2007 (4 storey mixed use development containing a supermarket, 1360m2 of other retail space and 81 residential apartments). Modifications include reconfiguration of floor plans to accommodate NSW Fire Brigade requirements including floor level changes, exhaust rises, fenestration and roof design.

REFERENCE   DA/829/2007/D - Submitted 17 December 2010

APPLICANT/S  DMPS

OWNERS          Coles Group Property Developments Ltd

REPORT OF     Manager Development Services

REASON FOR REFERRAL TO COUNCIL

                            The original development application was approved at the Regulatory Council meeting on 13 May 2009.

RESOLVED      (Bide/Lim)

12340

(a)       That Council as the consent authority modify Development Consent No. 829/2007 under the provisions of Section 96(2) of the Environmental Planning and Assessment Act in the following manner:

          1.      Modify condition No. 1 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
Landscape Concept Plan. Drawing No. 7109DA (2 pages). Revision L.	1 December 2010
Site / Ground Floor Plan. Job no. 4140-DA01. Issue L.	December 2010
Basement 1 Floor Plan. Job no. 4140-DA02. Issue L.	December 2010
Basement 2 Floor Plan. Job no. 4140-DA03. Issue L.	December 2010
First Floor Plan. Job no. 4140-DA04. Issue L.	December 2010
Second Floor Plan. Job no. 4140-DA05. Issue L.	December 2010
Third Floor Plan. Job no. 4140-DA06. Issue L.	December 2010
Roof Floor Plan. Job no. 4140-DA07. Issue L.	December 2010
East and West Elevation. Job no. 4140-DA08. Issue L.	December 2010
North and South Elevations and Sections. Job no. 4140-DA09. Issue L.	December 2010

            2.    Addition of the following conditions:

1a        All trees planted within the site must have an adequate root volume to physically and biologically support the tree. No tree within the site is to be staked or supported at the time of planting.

            Reason:         To ensure the trees are planted within the site area able to reach their required potential.

1b        All trees planted as part of the approved landscape plan are to have a minimum 45 litre container size. All shrubs planted as part of the approved landscape plan are to have a minimum 200mm container size.

1c        The Certifying Authority shall arrange for a qualified Landscape Architect/Designer to inspect the completed landscape works to certify adherence to the DA conditions and Construction Certificate drawings. All landscape works are to be fully completed prior to the issue of an Occupation Certificate.

            Reason:         To ensure restoration of environmental amenity.

3.         All other conditions of consent for DA/829/2007 and associated Section 96 modifications are to remain.

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, C X Lim, S D Lloyd, P K Maitra, M D McDermott, L E Wearne and A A Wilson.

NOES            None.

10.2	SUBJECT          37 Midson Road, Eastwood (Lot 22 DP 286194) (Lachlan Macquarie Ward) DESCRIPTION Consolidation of Lots 8, 9, 10 DP 270605 and resubdivision into 4 lots numbered 13, 14, 15 and 16 with the conversion of Lot 16 to a community lot in DP 270605. REFERENCE   DA/52/2011 - Lodged 9 February 2011 APPLICANT/S  AVJBOS Eastwood Developments Proprietary Limited OWNERS          AVJBOS Eastwood Developments Proprietary Limited REPORT OF     Manager Development Services REASON FOR REFERRAL TO COUNCIL                             The application is referred to Council due to the departure from the Eastwood Brickworks Master Plan.
	RESOLVED      (Bide/Lim)
12341	That Council as the consent authority grant development consent to Development Application No. 52/2011 for the consolidation of lots 8, 9 and 10 DP 270605 and re-subdivision into 4 lots numbered 13, 14, 15 and 16 with the conversion of Lot 16 to a Community Lot in DP 270605 at 37 Midson Road Eastwood for a period of five (5) years from the date on the Notice of Determination subject to the conditions in attachment 1.
	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, C X Lim, S D Lloyd, P K Maitra, M D McDermott and L E Wearne. NOES            Councillor A A Wilson.

10.3	SUBJECT          37 Midson Road, Eastwood (Lot 22 DP 286194) DESCRIPTION Subdivision of Lots 13, 14 and 15 to create 75 residential lots. REFERENCE   DA/53/2011 - Lodged 9 February 2011 APPLICANT/S  AVJBOS Eastwood Developments Proprietary Limited OWNERS          AVJBOS Eastwood Developments Proprietary Limited REPORT OF     Manager Development Services REASON FOR REFERRAL TO COUNCIL                             The application is referred to Council as the application seeks a SEPP 1 variation of greater than 10% to Clause 38 “Minimum allotment sizes for residential development” in Parramatta Local Environmental Plan 2001 and due to the departure from the Eastwood Brickworks Master Plan.
	RESOLVED      (Bide/Lim)
12342	(a)       That Council support the variation to Clause 38 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. 53/2011 for subdivision of proposed Lots 13, 14 and 15 to create 75 residential lots and associated road and earthworks at 37 Midson Road Eastwood for a period of five (5) years from the date on the Notice of Determination subject to the conditions within attachment 1.
	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, C X Lim, S D Lloyd, P K Maitra, M D McDermott and L E Wearne. NOES            Councillor A A Wilson.

10.4	SUBJECT          Lots 17C, 231-234, 242-245, 249-253 in DP 752058, Granville Park (Pk 24), 188 Woodville Road & 2 Montrose Avenue, MERRYLANDS, NSW 2160 DESCRIPTION Use of Granville Park on 22 May 2011 for an Oztag tournament and carnival. REFERENCE   DA/115/2011 - 7 March 2011 APPLICANT/S  Diversity Enterprises Australia (trading as Oztag Community Cup) OWNERS          Department of Lands in Parramatta City Council’s care, control and management REPORT OF     Manager Development Services. Also Team Leader Development Assessment Team Memorandum dated 9 May 2011. REASON FOR REFERRAL TO COUNCIL                             Land under Council’s care, control and management.
	RESOLVED      (Finn/Bide)
12343	(a)      That Council as the consent authority, grant development consent to Development Application No. DA/115/2011 for the use of Granville Park for a Oztag tournament with ancillary carnival, stalls, animal farm and fireworks display on 17 July 2011 (or on an alternative day on a weekend in 2011 when the park is available for hire) at 188 Woodville Road and 2 Montrose Avenue, (being Granville Park) Merrylands, as shown on the approved plans, subject to the recommended conditions. (b)      That the surrounding landowners/occupiers who were notified of the application be advised of the new date for the event. (b)      Further, that Council write to the organisers noting the electronic advertising of the event that has occurred to date and requesting that formal approval be sought and obtained prior to advertising the event in future. NOTE:       Councillor A Issa, OAM MP returned to the meeting at 8.17 pm during consideration of this matter.
	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 MP, C X Lim, S D Lloyd, P K Maitra, M D McDermott, L E Wearne and A A Wilson. NOES            None.

10.5	SUBJECT          11-12 St Andrews Street, Dundas (Lot 4 DP 222650 and Lot 3 DP 222650) DESCRIPTION Section 96(2) application to modify Consent No 595/2005 (RFB). The following amendments are sought, removal of an additional tree, relocation of the bin compound, changes to the internal layout, changes to the external facade and changes to the finished floor level of the common open space area. REFERENCE   DA/595/2005/A - 23 December 2010 APPLICANT/S  Dundas Holding Pty Ltd OWNERS          Mr G Allan and Mrs I C Allan REPORT OF     Manager Development Services REASON FOR REFERRAL TO COUNCIL                             The application is referred to Council as the original application was approved at the Regulatory Council Meeting of 12 December 2005.
	RESOLVED      (Esber/Bide)
12344	That Council as the consent authority modify Development Consent No. 595/2005 under the provisions of Section 96(2) of the Environmental Planning and Assessment Act subject to the conditions contained in Attachment 1.
	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 MP, C X Lim, S D Lloyd, P K Maitra, M D McDermott, L E Wearne and A A Wilson. NOES            None.

10.6	SUBJECT          19-21 Cook Street, Telopea Lots 646 and 647 DP 36743 (Lachlan Macquarie Ward) DESCRIPTION Demolition, tree removal and construction of a multi-unit housing development comprising of 6 dwellings over a basement carpark containing 14 car spaces and strata subdivision. REFERENCE   DA/794/2010 - 5 October 2010 APPLICANT/S  Betel Pty Ltd OWNERS          Betel Pty Ltd REPORT OF     Manager Development Services. Also late correspondence from Mr Brian Pickering dated 6 May 2011. REASON FOR REFERRAL TO COUNCIL                             This application is brought to council for determination due to the number of submissions received and the future down zoning of the site to R2 Residential Zone under the Draft LEP 2010.
	RESOLVED      (McDermott/Wearne)
12345	(a)     That Council as the consent authority REFUSE Development Application No. 794/2010 for demolition, tree removal and construction of a multi-unit housing development comprising of 6 dwellings over a basement carpark containing 14 car spaces with strata subdivision on land at 19-21 Cook Street,  TELOPEA  NSW  2117 for the reasons given in the attached Section 79c Report. (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 MP, S D Lloyd, P K Maitra, M D McDermott, L E Wearne and A A Wilson. NOES            Councillor C X Lim.

10.7	SUBJECT          104 Oakes Road and 287 Old Windsor Road, Toongabbie (Lot 1 DP 559006 and Lot 1 DP 620256) DESCRIPTION Section 96(1A) application to modify Development Consent No. 255/2010 (Construction of a 3 storey office building with associated carparking within the Baxter Health Care Complex). It is proposed to modify condition 78A regarding planting along the southern portion of the site. REFERENCE   DA/255/2010/B - 14 March 2011 APPLICANT/S  Monaco Hickey Pty Ltd OWNERS          Baxter Healthcare Pty Ltd REPORT OF     Manager Development Services REASON FOR REFERRAL TO COUNCIL                             The original development application was approved at the Development Council meeting of 11 October 2011.
	RESOLVED      (Esber/Elmore)
12346	That Council as the consent authority modify development consent No. DA/255/2010 in the following manner: 1.         Modify condition 78A to state: Prior to the Issue of an occupation certificate tree planting shall be undertaken in accordance with the plan marked up by Xeriscapes and labelled Soft Works plan that is stamped and returned with this consent. A further 19 trees shall be planted within the site prior to the issue of the occupation certificate.  Suitable species for this additional planting 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.
	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 MP, C X Lim, S D Lloyd, P K Maitra, M D McDermott, L E Wearne and A A Wilson. NOES            None.

10.8	SUBJECT          167 Carlingford Road, Epping Lot 7 Sec 1 DP 1026 (Lachlan Macquarie Ward) DESCRIPTION Section 96 (2) application to modify Development Application No. 1123/2005 (multi-unit development containing five townhouses). The changes include the provision of additional bedrooms, increasing the depth of each building, increasing the height, changes to the external facade, provision of additional windows, changes to the internal layout and provision of two additional parking spaces (total 12) within the basement carpark. REFERENCE   DA/1123/2005/A - 10 November 2010 APPLICANT/S  New Austructures Pty Ltd OWNERS          Mr A P Read and Ms A J Koolhaas 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 determined by Council.
	RESOLVED      (Bide/Lim)
12347	(a)       That Council as the consent authority, modify development consent No. DA/1123/2005in the manner outlined in attachment 1. (b)       Further, that the original objectors be notified of Council’s decision.
	DIVISION      The result being: AYES             The Lord Mayor, Councillor J Chedid and Councillors A Bide, G J Elmore, J D Finn, P J Garrard, A Issa, OAM, C X Lim, S D Lloyd, P K Maitra and M D McDermott. NOES            Councillors P B Barber, P Esber, L E Wearne and A A Wilson.

10.9	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. Also confidential Memorandum from General Counsel dated 5 May 2011. Also Senior Development Assessment Officer Memorandum dated 9 May 2011. 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.                             The application was also deferred from the Council Meeting held on 11 April 2011 for further information.
	RESOLVED      (Esber/Bide)
12348	(a)       That Council as the consent authority grant development consent to Development Application No. 829/2010 for the demolition, tree removal and construction of a multi-unit development comprising 6 dwellings over a basement carpark on land at 3-5 McArdle Street, Ermington subject to the conditions contained within Attachment 1.  (b)       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, G J Elmore, P Esber, J D Finn, P J Garrard, A Issa, OAM MP, C X Lim, S D Lloyd, P K Maitra, M D McDermott, L E Wearne and A A Wilson. NOES            None.

10.10	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. Also confidential Memorandum from General Counsel dated 5 May 2011. 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.                             The application was also deferred from the Council Meeting held on 11 April 2011 for further information.
	RESOLVED      (Bide/Issa OAM)
12349	(a)       That Council as the consent authority grant development consent to Development Application No. 826/2010 for tree removal and construction of a three storey mixed use development at 297 Woodville Road, Guildford, subject to the conditions contained in 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, P Esber, J D Finn, A Issa, OAM MP, C X Lim, S D Lloyd, P K Maitra, M D McDermott and A A Wilson. NOES            Councillors G J Elmore, P J Garrard and L E Wearne.

10.11	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. Also confidential Memorandum provided by General Counsel dated 2 May 2011. Also Team Leader Development Assessment Memorandum dated 9 May 2011. 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.                             The application was also deferred from the Council Meeting held on 11 April 2011 to enable the provision of further information.
	RESOLVED      (Esber/Issa OAM)
12350	(a)       That Council as the consent authority grant development consent to Development Application No. 833/2010 for demolition and construction of a 5 storey building containing a local shop and 11 units under the Affordable Rental Housing SEPP at 320 Railway Terrace, 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 objector be advised of Council’s decision.
	DIVISION      The result being: AYES             The Lord Mayor, Councillor J Chedid and Councillors A Bide, P Esber, J D Finn, P J Garrard, A Issa, OAM MP, S D Lloyd, P K Maitra and A A Wilson. NOES            Councillors P B Barber, G J Elmore, C X Lim, M D McDermott and L E Wearne.

10.12	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 confidential Memorandum from General Counsel dated 2 May 2011. Also Development Assessment Officer Memorandum dated 6 May 2011. REASON FOR REFERRAL TO COUNCIL                             The application is being referred to Council for determination due to the number of submissions received.                             The application was also deferred from the Council Meeting held on 11 April 2011 to enable the provision of further information.
	MOTION              (Bide/Issa OAM)
	(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.
	AMENDMENT   (Wearne/Esber) (a)       That the application be refused on the following grounds:-             1.    Inadequate separation of dwellings A and B;             2.    Inadequate private open space on each dwelling;             3.    Inadequate deep soil landscaped area on each dwelling;             4.    Inadequate location of living areas for dwelling B;             5.    The proposal is excessive in bulk and scale;             6.    The setback does not match existing set backs in the area;  7.     The proposal has unacceptable impacts on the privacy and enjoyment of adjoining properties;             8.    The proposal is not in the public’s interest. (b)       Further, that the objector be advised of Council’s decision. The amendment was put and lost.
12351	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 J Garrard, A Issa, OAM, C X Lim, P K Maitra and S D Lloyd. NOES            Councillors P B Barber, P Esber, J D Finn, M D McDermott, L E Wearne and A A Wilson.

ADJOURNMENT OF MEETING

In accordance with Council's decision of 23 October 2000 (Minute No 5712) the meeting adjourned at 8.53 pm for a period of 18 minutes.

RESUMPTION OF MEETING

The meeting resumed in the Council Chamber at 9.11 pm, there being in attendance The Lord Mayor, Councillor J Chedid and Councillors A Bide, J Chedid, G J Elmore, P Esber, J D Finn, P J Garrard, A Issa, OAM MP, C X Lim, S D Lloyd, M D McDermott, P K Maitra, L E Wearne and A A Wilson.

                Note

Councillor Barber did not return to the meeting after the adjournment.

CLOSED SESSION
	RESOLVED      (Esber/Elmore)
12352	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. (D01927840) - 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       RESCISSION MOTION - Proposed Memorial to the Late George Khattar. (D01938912) - This report is confidential in accordance with section 10A (2) (a) of the Local Government Act 1993 as the report contains personnel matters concerning particular individuals.

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

10.1	SUBJECT          Legal Matters Monthly Report to Council REFERENCE   F2004/07898 - D01927840 REPORT OF     Manager Development Services
	RESOLVED      (Wearne/Esber)
12353	That the report be received and noted.

11.2	SUBJECT          RESCISSION MOTION - Proposed Memorial to the Late George Khattar REFERENCE   F2004/08796 - D01938912 REPORT OF     N/A
	NOTE
12354	The rescission motion lodged on this issue was withdrawn by Councillor Esber prior to consideration.

QUESTION TIME

1

SUBJECT          Recent Changes to Regulations relating to Parking for Persons with a Disability REFERENCE   F2009/01489 FROM                 Councillor Paul Garrard

12355

Councillor Garrard noted that the Roads and Traffic Authority had recently altered the laws in relation to the usage of Disabled Parking Authorities. Councillor Garrard advised that many users of the "old stickers" were being booked and commented that not enough awareness exercises were carried out by Council to advertise this change. Councillor Garrard tabled 4 infringement notices received by a constituent who was not aware of the new regulations and requested that the Parking Infringement Review Panel reconsider the issue of each of these fines. The Chief Executive Officer advised that the tabled information would be provided to the Group Manager Outcomes and Development to raise with the Panel. Note Councillor A Bide retired from the meeting at 9.22pm during consideration of this matter.

2	SUBJECT          Recycling of Council Papers REFERENCE   F2008/00551 FROM                 Councillor Julia Finn
12356	Councillor Finn asked whether Councillors’ used business papers left in bins or on Chamber desks were recycled. The Lord Mayor advised that papers left on desks were recycled and added that he would seek a response on what happened to refuse left in bins.

3

SUBJECT          Operating Times of Businesses in the CBD REFERENCE   F2008/04592 FROM                 Councillor Chiang Lim

12357

Councillor Lim sought advice from staff on the level of enforcement available in relation to the opening and closing times of businesses in the CBD and asked whether any research or internal discussion had been undertaken on the benefits of increased opening hours. The Chief Executive Officer advised that he had experienced a similar request when at the Foreshore Authority and added to his knowledge, there was no way to compel a business to open or close at a particular time. The Group Manager Outcomes and Development noted that hours of operation as defined in a development consent were based on the applicant’s request together with an assessment that ensured the requested hours were consistent with the land use and did not have an adverse impact on other uses in the area. The Chief Executive Officer added that a joint co-operative arrangement to increase operating hours could be undertaken by businesses but this would be completely voluntary. In addition, it was noted that Rundle Mall in Adelaide had undertaken a process to encourage business owners to open later and on more days with the incentive that such businesses would receive free marketing. Note Councillors A Wilson (9.26pm) and A Issa OAM MP (9.28pm) retired from the meeting during consideration of this matter.

4	SUBJECT          Road Maintenance in Carolyn Chisholm Ward REFERENCE   F2008/04592 FROM                 Councillor Scott Lloyd
12358	Councillor Lloyd  requested that he be provided with a list of all road maintenance and road works that would be undertaken in the Carolyn Chisholm Ward in the next year.

5	SUBJECT          Graffiti Complaints REFERENCE   F2008/04673 FROM                 Councillor Scott Lloyd
12359	Councillor Lloyd sought advice on cleansing works carried out in Winston Hills lately as residents were expressing concern over the increasing amount of graffiti in the area.

6

SUBJECT          Placement of Furniture on Council Footpaths REFERENCE   F2008/04592 FROM                 The Lord Mayor, Councillor John Chedid

12360

The Lord Mayor, Councillor J Chedid advised that he had received an increasing number of complaints from local residents in relation to the placement of rubbish and furniture on the footpaths in Isabella Street and Grose Street, North Parramatta. The Lord Mayor asked whether persons participating in Council’s waste clean ups were advised to place their rubbish out only the day before the collection date. The Group Manager Outcomes and Development advised that participants were asked to place rubbish out for collection for a limited period in advance, though this period was not one day. The Lord Mayor requested that this requirement be reviewed and residents be reminded to only place their rubbish out for collection a couple of days before the collection date.

The meeting terminated at 9.34 pm.

LATE RESCISSION MOTION

A Notice of Motion to rescind Item 11.3 of Closed Session at the Council Meeting held on 27 April 2011 regarding the proposed memorial to the Late George Khattar was tabled immediately following the conclusion of this meeting by Councillors Esber, Maitra and Finn.

6THIS PAGE AND THE PRECEDING 24 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON MONDAY, 9 MAY 2011 AND CONFIRMED ON MONDAY, 23 MAY 2011.

Lord Mayor