MINUTES OF THE Meeting of Parramatta City Council HELD IN THE Council Chamber, CIVIC PLACE, PARRAMATTA ON Tuesday, 14 June 2011 AT 6.46 pm

PRESENT

The Lord Mayor, Councillor J Chedid in the Chair and Councillors P B Barber, A Bide, G J Elmore, P Esber, P J Garrard, A Issa, OAM MP, 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.

WELCOME

The Lord Mayor, Councillor J Chedid acknowledged and welcomed to the Chamber representatives from the Local Government Division of the Government of Bangladesh.

MINUTES

	SUBJECT          Minutes of the Council  Meeting held on 23 May 2011
	RESOLVED      (Garrard/Lim)
12393	That the minutes be taken as read and be accepted as a true record of the Meeting.

APOLOGIES

	RESOLVED      (Esber/Barber)
12394	That an apology be received and accepted for the absence of Councillor J D Finn.

DECLARATIONS OF INTEREST

1            Councillor P B Barber declared a non pecuniary interest in relation to Item 10.6 of Major Applications regarding 5 Sutherland Road, North Parramatta as Councillor Barber was a previous part owner of the property.

2            Councillor L E Wearne declared a non pecuniary interest in relation to Items 10.6 and 10.7 of Major Developments regarding 5 Sutherland Road, North Parramatta and 32-34 Fitzgerald Road, Ermington as Councillor Wearne had previously acted on behalf of the owner and applicant of the subject premises.

LORD MAYORAL MINUTES

1	SUBJECT          Property Negotiation REFERENCE   F2011/01305 FROM                 The Lord Mayor, Councillor J Chedid
	Note A Lord Mayoral Minute had been tabled in relation to the subject issue and was considered in Closed Session (Item 13.3 refers).

PUBLIC FORUM

1

SUBJECT          Development Application - 29 Rhodes Avenue, Guildford REFERENCE   DA/65/2011 FROM                 Shirley Crowe

12395

“On behalf of AFFORD I would like to thank Council for their support through this process.  We are very happy with the report and look forward to opening a new Day Program site at Guildford. A number of Councillors were present on site when we met with some of our neighbours but for those who were not present I would like to advise the following: · There is a demand for this service in the Parramatta LGA which is why the Department of Ageing, Disability and Home Care put it out to Tender. · Twelve (12) of our clients currently accessing our Canley Vale site live in the Parramatta LGA and would be able to transfer to a  site close to their home · The service would operate Monday to Friday 8am to 4pm.  Clients would access from 9am to 3pm. · The majority of clients would be out during the day accessing community activities. · No clients would be sleeping over or attending on weekends. · AFFORD operates eleven (11) other Day Program services throughout greater western Sydney and at no time has there been objections to the services that we provide or the clients that attend. We look forward to building strong relationships with the people who live and work in the Parramatta LGA.”

Rescission Motions

7.1	SUBJECT          DA Assessment Governance Framework REFERENCE   F2008/00998 - D01972698 REPORT OF     N/A
12396	RESOLVED      (Esber/Maitra)
	That consideration of this notice of rescission be deferred to the next meeting of the Council.

7.2	SUBJECT          Smoking Ban REFERENCE   F2004/10350 - D01983401 REPORT OF     N/A
	MOTION             (McDermott/Esber) 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 license fees received from footpath leases and licenses and/or any other appropriate budget.” be and is hereby rescinded.
12397	The motion was put and lost.

Reports - Domestic Applications

9.1	SUBJECT          11 Francis Street, Epping Corner Lot 30 & DP 6485 (Lachlan Macquarie Ward) DESCRIPTION To amend Condition 11A of the consent for the carpark and driveway surface from stamped redbrick pattern concrete to grey (plain) concrete. REFERENCE   DA/407/2008/B - Submitted on 7 April 2001 APPLICANT/S  Mr J S Doodha and Mrs K J Doodha OWNERS          Mr J S Doodha and Mrs K J Doodha REPORT OF     Manager Development Services REASON FOR REFERRAL TO COUNCIL                             This application is reported to Council as it seeks to modify a development consent issued by the Land and Environment Court under Section 96(AA) of the Environmental Planning and Assessment Act 1979.
	RESOLVED      (Esber/Wearne)
12398	That Council as the consent authority, modify development consent 407/2008 under Section 96(AA) of the EP&A Act, 1979 in the following manner: 1.      Modify condition 11A as follows:           11A  The carpark surface is to be grey (plain) concrete.
	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 MP, M A Lack, C X Lim, S D Lloyd, P K Maitra, M D McDermott, L E Wearne and A A Wilson. NOES            None.

9.2	SUBJECT          29 Rhodes Avenue, Guildford (Lot 4 DP 577663) (Woodville Ward) DESCRIPTION Change of use of an existing dwelling to a community facility - day program for up to 22 people with disabilities. REFERENCE   DA/65/2011 - 15 February 2011 APPLICANT/S  Urban City Consulting Pty Ltd OWNERS          Australian Foundation for Disability REPORT OF     Manager Development Services REASON FOR REFERRAL TO COUNCIL                             The application is referred to Council for determination as 16 submissions have been received in response to notification of the development.
	RESOLVED      (Issa OAM/Lim)
12399	(a)      That Council as the consent authority grant development consent to Development Application No. 65/2011 for the change of use of an existing dwelling to a community facility - day program for up to 22 people with disabilities at 29 Rhodes Avenue, Guildford subject to conditions as outlined in Attachment 1 of this report. (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, P J Garrard, A Issa, OAM MP, M A Lack, C X Lim, S D Lloyd, P K Maitra, M D McDermott, L E Wearne and A A Wilson. NOES            None.

9.3	SUBJECT          71 Adam Street, Guildford Lot 2 DP 35058 DESCRIPTION Demolition of a heritage listed, single storey detached dwelling and associated structures REFERENCE   DA/194/2011 - Lodged 5th April 2011 APPLICANT/S  Department of Housing OWNERS          Department of Housing REPORT OF     Manager Development Services REASON FOR REFERRAL TO COUNCIL                             The application is being referred to Council for determination as the proposal involves the demolition of a heritage listed item.
	RESOLVED      (Bide/Lim)
12400	(a)      That Council upon receiving approval from the applicant (as required by S89(1)(b) of EP&A Act 1979) grant development consent to Development Application         No. 194/2011 for  the demolition of the dwelling house and associated      structures on land at 71 Adam Street, Guildford subject to conditions contained within Attachment 1. (b) Further, that the decision of Council be communicated to Council’s Land Use Planning Team for the removal of the heritage item from the heritage LEP.
	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 MP, M A Lack, C X Lim, S D Lloyd, P K Maitra, M D McDermott, L E Wearne and A A Wilson. NOES            None.

Reports - Major Applications

10.1	SUBJECT          235 -237 Woodville Road, Merrylands Lot 1 & Lot 2 DP 132251 DESCRIPTION Construction of a 3 storey commercial building containing a vehicle showroom on the ground floor level with associated at grade vehicle display and offices on the 2nd and 3rd level. REFERENCE   DA/1047/2010 - Lodged 29th December 2010 APPLICANT/S  Mr & Mrs El-Ayoubi OWNERS          A El-Ayoubi REPORT OF     Manager Development Services REASON FOR REPORT TO COUNCIL                             The proposal is referred to Council as “vehicle showroom” and “commercial offices” are prohibited land uses under the proposed R2 Low Density Residential zoning of Draft LEP 2010.
	RESOLVED      (Bide/Lim)
12401	That Council as the consent authority grant development consent to Development Application No. 1047/2010 for the construction of a 3 storey commercial building containing a vehicle showroom on the ground floor with associated at grade vehicle display and offices on the 2nd and 3rd level at   235-  237 Woodville Rd, Merrylands, subject to conditions as outlined in Attachment 1 of this report.
	DIVISION      The result being: AYES             The Lord Mayor, Councillor J Chedid and Councillors P B Barber, A Bide, G J Elmore, P Esber, P J Garrard, A Issa, OAM MP, M A Lack, C X Lim, S D Lloyd, P K Maitra, M D McDermott, L E Wearne and A A Wilson. NOES            None.

10.2	SUBJECT          358 Woodville Road, Guildford (Lot 6 DP 6425) (Woodville Ward) DESCRIPTION Section 82A review of Council's determination (refusal) of DA/352/2010 that sought consent for demolition and construction of a 2 storey car repair station over basement carparking. REFERENCE   DA/352/2010 - 13/12/2010 APPLICANT/S  Macquarie Lawyers OWNERS          F.I.N.S. Investments Pty Ltd REPORT OF     Manager Development Services REASON FOR REFERRAL TO COUNCIL                             The application is referred to Council as it is an application under Section 82A of the Environmental Planning and assessment Act, 1979.
	RESOLVED      (Bide/Issa OAM)
12402	(a)      That Council under S82A (4A) of the Environmental Planning and Assessment Act, 1979 change its previous determination and grant deferred commencement consent to DA/352/2010 for the demolition and construction of a 2 storey car repair station over a basement carpark on land at 358 Woodville Road, Guildford as shown in Attachment 1 of this report. (b)     Further, that the objector be advised of Council’s decision.
	DIVISION      The result being: AYES             The Lord Mayor, Councillor J Chedid and Councillors P B Barber, A Bide, G J Elmore, P Esber, P J Garrard, A Issa, OAM MP, 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          29-33 Darcy Road, WESTMEAD NSW 2145
Lot 1 DP 736142, Lot A DP 360736 and Lot 19 DP 7407.

DESCRIPTION Section 96(1a) modification to an approved 4 storey mixed use development containing a supermarket, retail shops and 81 x residential apartments over basement carparking. Amendments include additions to and conversion of 3 x 1 bedroom apartments to 3 bedroom apartments and the provision of an additional 2 carparking spaces.

REFERENCE   DA/829/2007/E - 23 February 2011

APPLICANT/S  DMPS

OWNERS          Trustees of The Marist Brothers

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)

12403

That Council as the consent authority modify Development Consent No. 829/2007 under the provisions of Section 96(1A) 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 M.	3 February 2011
Site / Ground Floor Plan. Job no. 4140-DA01. Issue M.	December 2010
Basement 1 Floor Plan. Job no. 4140-DA02. Issue M.	December 2010
Basement 2 Floor Plan. Job no. 4140-DA03. Issue M.	December 2010
First Floor Plan. Job no. 4140-DA04. Issue M.	December 2010
Second Floor Plan. Job no. 4140-DA05. Issue M.	December 2010
Third Floor Plan. Job no. 4140-DA06. Issue M.	December 2010
Roof Floor Plan. Job no. 4140-DA07. Issue M.	December 2010
East and West Elevation. Job no. 4140-DA08. Issue M.	December 2010
North and South Elevations and Sections. Job no. 4140-DA09. Issue M.	December 2010

Documentation	Dated
BASIX Certificate No. 152390M_04	8 February 2011

2.         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, P J Garrard, A Issa, OAM MP, 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          32 Berry Street, Clyde (Lot 1 DP 799094)

DESCRIPTION Section 96 (1a) application to modify Development Consent No. 1679/2002 for a brothel. The modifications include internal alterations to create a front entry door and airlock.

REFERENCE   DA/1679/2002/E - Lodged 15 April 2011

APPLICANT/S  Mark Palmer

OWNERS          Mark Palmer

REPORT OF     Manager Development Services

REASON FOR REPORT TO COUNCIL

                            The application is being referred to Council as it seeks approval to modify a Development Consent relating to a brothel.

RESOLVED      (Bide/Lack)

12404

That Council as the consent authority, modify development consent to Development Application No. 1679/2002 under Section 96(1a) in the following manner:

1.Modify condition no. 1 as follows:-

No	Issue	Title	Author	Date
5832-09-05	B	As built ground floor plan	Lyle Marshall and Associates Pty Ltd	26/10/2009
5832-09-06	B	As built ground floor reflected ceiling plan	Lyle Marshall and Associates Pty Ltd	26/10/2009
5832-09-07	D	As built first floor plan	Lyle Marshall and Associates Pty Ltd	19/11/2009
5832-09-08	B	As built first floor RCP plan	Lyle Marshall and Associates Pty Ltd	26/10/2009
5832-09-09	D	As built section A-A and elevation	Lyle Marshall and Associates Pty Ltd	19/11/2009
5832-09-10	F	Proposed ground floor plan	Lyle Marshall and Associates Pty Ltd	7/3/2011
5832-09-11	D	Proposed section A-A and elevation	Lyle Marshall and Associates Pty Ltd	3/11/2009

Document	Dated
Amended Statement of Environmental Effects prepared by Lawrence Winnacott & Associates Pty Limited	January 2010

DIVISION      The result being:

AYES             Councillors P B Barber, A Bide, G J Elmore, P Esber, P J Garrard, A Issa, OAM MP, M A Lack, S D Lloyd, P K Maitra, L E Wearne and A A Wilson.

NOES            The Lord Mayor, Councillor J Chedid and Councillors C X Lim and M D McDermott.

10.5	SUBJECT          Level 1, 267 Church Street Parramatta (Lots 1-2 DP 400078) DESCRIPTION Section 96(1a) application to modify Development Consent No. DA/663/2007 (Acupuncture and Chinese massage therapy). The modification includes changing the hours of operation to 9:00am - 9:00pm 7 days. (The current hours of operation are 9:00am - 7:00pm 7 days) REFERENCE   DA/663/2007/A - Lodged 18 April 2011 APPLICANT/S  T Yuan OWNERS          Huge Vision Pty Ltd REPORT OF     Manager Development Services REASON FOR REFERRAL TO COUNCIL                             The application is being referred to Council as it seeks approval to modify a Development Consent relating to massage therapy.
	RESOLVED      (Wearne/Maitra)
12405	That Council as the consent authority, refuse development consent to modify Development Application No. 663/2007 for the following reasons: 1.         The premises has a history of breaching the original development consent and the extended trading hours may result in the premises being used for services other than that approved in the original consent. 2.         The proposal is not in the public interest.
	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 MP, M A Lack, C X Lim, S D Lloyd, P K Maitra, M D McDermott, L E Wearne and A A Wilson. NOES            None.

10.6	SUBJECT          5 Sutherland Road North Parramatta Lot 1 DP 119493 (Arthur Phillip Ward) DESCRIPTION Section 96(1a) application to modify Development Consent No. DA/533/2010 (dual occupancy). The modifications include: 1. The deletion of the deferred commencement condition that requires single garages to be provided, changes to the building facade, reduced balcony areas and reducing the area of ground floor terraces; 2. Changing the timing of the creation of the drainage easement; 3. Changes to the timing and the amount of the Section 94A contribution; 4.Compensation for the creation of the drainage easement; and 5. Deletion of Condition No. 32. REFERENCE   DA/533/2010/A - 4 April 2011 APPLICANT/S  Mr M Younes OWNERS          Mr M Younes and Mrs A Younes 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      (Esber/Elmore)
12406	(a)       That Council as the consent authority modify development consent No. DA/533/2010 in 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, P Esber, P J Garrard, A Issa, OAM MP, M A Lack, S D Lloyd, P K Maitra, M D McDermott  and A A Wilson. NOES            Councillor C X Lim.
	NOTE:       Councillors P B Barber and L E Wearne declared an interest as Councillor Barber was a previous part owner and Councillor Wearne had acted on behalf of the previous owner and applicant and temporarily retired from the meeting during consideration and voting on this issue.

10.7	SUBJECT          32-34 Fitzgerald Road, Ermington Lot 16 DP 19056 and Lot 15 DP 19056 DESCRIPTION Demolition, tree removal and construction of a multi unit dwelling development containing 8 x 3 bedroom townhouses including strata subdivision. REFERENCE   DA/1030/2010 - 22 December 2010 APPLICANT/S  R Anjoul OWNERS          Mr A A McSweeney and Mrs D F McSweeney and M J McSweeney REPORT OF     Manager Development Services REASON FOR REFERRAL TO COUNCIL                             This application is referred to Council for determination as a multi-unit development is proposed on a site to be rezoned R2 Low Density Residential under the Draft PLEP and due to the number of submissions received.
	RESOLVED      (Lack/Maitra)
12407	(a)       That Council as the consent authority grant development consent by way of a deferred commencement to Development Application No. 1030/2010 for demolition, tree removal and construction of a multi-unit dwelling development containing 8 x 3 bedroom townhouses including strata subdivision at 32-34 Fitzgerald Road, Ermington, subject to the conditions contained within Attachment 1. (b)       Further, that the objectors be advised of Council’s decision.
	DIVISION      The result being: AYES             The Lord Mayor, Councillor J Chedid and Councillors P B Barber, A Bide, G J Elmore, P Esber, P J Garrard, A Issa, OAM MP, M A Lack, S D Lloyd and P K Maitra. NOES            Councillors C X Lim, M D McDermott and A A Wilson.
	NOTE:       Councillor L E Wearne had previously declared an interest as Councillor Wearne had previously acted on behalf of the previous owner and applicant and remained out of the Chamber during consideration and voting on this issue.

10.8	SUBJECT          147 Parramatta Road, Granville (Lot 1 DP 619597 & Lot 1 DP 507293)(Elizabeth Macarthur Ward) DESCRIPTION Demolition of existing building and construction of a 5 storey mixed use development comprising 2 commercial tenancies and 3 residential units on the ground floor and 28 residential units over 4 levels above, with basement carparking for 49 vehicles REFERENCE   DA/627/2010 - Submitted 4 August 2010 APPLICANT/S  Dewcape Pty Ltd OWNERS          Mr S Musallam & Mr A Ishak REPORT OF     Manager Development Services. Also correspondence from HWL Ebsworth dated 10 June 2011. REASON FOR REFERRAL TO COUNCIL                             The application has been referred to Council as “residential accommodation” is a prohibited land use under the proposed Residential R2 zoning of the Draft Local Environmental Plan 2010.
	MOTION             (Bide/Lack) (a)      That Council as the consent authority refuse development consent to Development Application No. 627/2010 for demolition and construction of a five storey mixed use development at 147-149 Parramatta Road, Granville the following reasons: 1.         The proposed development is inconsistent with the objectives of the proposed Business Enterprise zoning of the site under Draft LEP 2010. 2.         The residential component of the proposed mixed use development is prohibited under the proposed Business Enterprise zoning of the site under Draft LEP 2010. 3.         The proposed development is inconsistent with the development context in which it is proposed to be located. 4.         The proposed development would result in adverse environmental impacts on neighbouring properties including overlooking and visual bulk and scale. 5.         The proposed development is not consistent with Section (a) of the aims and objectives of the Mixed Use zone under Parramatta Local Environmental Plan 2001. 6.         The proposed development is not in the public interest. (b) Further that the persons who lodged a submission be advised of Council’s determination of the application. The motion was withdrawn by Councillor Bide.
	FURTHER MOTION             (Issa, OAM/Wilson)
	That consideration of this matter be deferred to enable Councillors and staff appropriate time to give consideration to the correspondence received from HWL Ebsworth dated 10 June 2011 and for staff to hold further discussions with the applicant in relation whether it is possible not only to incorporate residential development in the proposal but also incorporate development consistent with the enterprise zoning on the lower levels.
12408	The further motion was put and carried.
	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 MP, M A Lack, C X Lim, S D Lloyd, P K Maitra, M D McDermott, L E Wearne and A A Wilson. NOES            None.
	Note A notice of motion to rescind this decision was submitted following the termination of the meeting.

10.9	SUBJECT          25 Lewis Street, EPPING (cnr of Ryde Street) LOT 1 DP 13695 (Lachlan Macquarie Ward) DESCRIPTION Demolition, construction of a 2 storey attached dual occupancy, satellite dish, front fence and Torrens title subdivision of the development into 2 allotments. REFERENCE   DA/857/2010 - 26-Oct-2010 APPLICANT/S  Ms F Li OWNERS          Mr D Gao and Ms F Li 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.
	RESOLVED      (Lim/Bide)
12409	(a)       That Council as the consent authority grant development consent to Development Application No. 857/2010 for demolition, construction of a 2 storey attached dual occupancy, satellite dish, front fence and Torrens title subdivision of development into 2 allotments on land at 25 Lewis Street, Epping 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, P J Garrard, A Issa, OAM MP, M A Lack, C X Lim, S D Lloyd, P K Maitra, M D McDermott, L E Wearne and A A Wilson. NOES            None.

10.10	SUBJECT          142-146 Woodville Road Merrylands (Lot 50 DP 792662 & Lots 2 and 3 DP 129111) DESCRIPTION Section 96(1a) application to modify Development Consent DA/1796/2002 (as modified)  for an approved mixed use development. The modification consists of a change of use of two ground floor commercial tenancies to residential with home offices REFERENCE   DA/1796/2002/B - Lodged 5 April 2011 APPLICANT/S  Loui Nicholas Investments Pty Ltd OWNERS          Loui Nicholas Investments Pty Ltd REPORT OF     Manager Development Services REASON FOR REFERRAL TO COUNCIL                             The parent DA (1796/2002) was determined at a Council Meeting held on 17 May 2004.
	RESOLVED      (Bide/Esber)
12410	(a)       That Council as the consent authority, modify development consent No. DA/1796/2002 as modified in the following manner: 1     Condition No. 1a. be amended as follows: -           Basement 1 Job No. 4305 DA-S96 B:02 issue B December 2008 -           Basement 2 Job No. 4305 DA-S96 A:01 issue A December 2008 -           Roof Plan Job No. 4305 DA-S96 A:07 issue B September 2008 -           East and North Elevations Job No. 4305 DA-S96 A:08 issue A September 2008 -           West and South Elevations Job No. 4305 DA-S96 A:09 issue A September 2008 -           Sections Job No. 4305 DA-S96 A:10 issue A September 2008 -           Cover Sheet Job No. 4305 DA-S96 A:00 issue A September 2008 -           Ground Floor and Site Plan Job No. 4305 DA-S96 B:03 Issue B March 2011 -           First Floor Plan Job No. 4305 DA-S96 A:04 Issue A September 2008 -           Second Floor Plan Job No. 4305 DA-S96 A:05 Issue A September 2008 -           Third Floor Plan Job No. 4305 DA-S96 A:06 Issue A September 2008 -           Stormwater layout and on site detention layout Drawing No. 4305 – C1 Issue A1. 2.    Condition 1b be amended as follows: -           The proposed use of the ground floor tenancies shall be as shown on Ground Floor and Site Plan Job No. 4305 S96-B:03 Issue B March 2011 (that is tenancies 1 and 2 - home offices and tenancies 3 and 4 - commercial). (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, P J Garrard, A Issa, OAM MP, M A Lack, C X Lim, S D Lloyd, P K Maitra, M D McDermott, L E Wearne and A A Wilson. NOES            None.

Notices of Motion

11.1	SUBJECT          Moving report from Closed Session REFERENCE   F2004/08796 - D01983393 FROM                 Councillor M D McDermott
	RESOLVED      (McDermott/Wilson)
12411	That the rescission motion listed for consideration in Closed Session be moved and debated in Open Council.

ITEM 13.2 BROUGHT INTO OPEN COUNCIL

11.2	SUBJECT          Proposed Memorial to the Late George Khattar REFERENCE   F2004/08796 - D01938912 REPORT OF     N/A
	RESOLVED      (Esber/Elmore)
12412	That in relation to this item, no further action be taken in relation to the rescission motion.

Economy and Development

12.1	SUBJECT          Variations to Standards under SEPP 1 REFERENCE   F2009/00431 - D01958683 REPORT OF     Manager Development Services
	RESOLVED      (Bide/Elmore)
12413	That the report be received and noted.

12.2	SUBJECT          Social Impact Assessment for DAs made under SEPP (Affordable Rental Housing) 2009 REFERENCE   F2004/06029 - D01964747 REPORT OF     Manager Development Services
	RESOLVED      (Garrard/Bide)
12414	(a)      That the Social Impact Guidelines as shown in Attachment 1 be adopted for all applications that seek approval to ‘infill housing’ and ‘boarding houses’ under State Environmental Planning Policy (Affordable Rental Housing) 2009. (b)      Further, that a deputation be arranged to the Minister for Planning and Minister for Housing to discuss this issue.

ACKNOWLEDGEMENT

The Lord Mayor, Councillor J Chedid acknowledged the presence of Mr Eddie Boulous and expressed his pleasure to see him back in the public gallery after a recent illness.

CLOSED SESSION
	RESOLVED      (Wearne/Esber)
12415	Members of the press and public be excluded from the meeting of the Closed Session and access to the correspondence and reports relating to the items considered during the course of the Closed Session be withheld. This action is taken in accordance with Section 10A(2) of the Local Government Act, 1993 as the items listed come within the following provisions:-

1 Legal Matters Monthly Report to Council. (D01958687) - 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.      Property Negotiation – This report is confidential in accordance with section 10A (2) (d) of the Local Government Act 1993 as the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

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 - D01958687 REPORT OF     Manager Development Services
	RESOLVED      (Lim/Elmore)
12416	That the report be received and noted.

13.2	SUBJECT          Proposed Memorial to the Late George Khattar REFERENCE   F2004/08796 - D01972688 REPORT OF     Councillor P Esber
	NOTE:       1       A notice of motion relating to this matter was considered in Open Council (Minute No 12411 refers). 2       Council subsequently resolved to take no further action on the Rescission Motion (Minute No 12412 refers).

13.3	SUBJECT          Property Negotiation REFERENCE   F2011/01305 FROM                 The Lord Mayor, Councillor John Chedid
	RESOLVED      (Chedid/Garrard)
12417	(a)      That Council acquire the property identified in the report by way of private treaty for a price no greater than that stated in the report. (b)      That the Chief Executive Officer is authorised to negotiate the terms of the land sale contract and any other legal documents relevant to the acquisition of the property identified in the report. (c)       That the common seal of Council may be affixed to the land sale contract for the purchase of the property identified in the report. (d)      Further, that the property identified in the report be classified 'operational land' if purchased by Council.

QUESTION TIME

1

SUBJECT          Ward Restructure REFERENCE   F2005/02508 FROM                 Councillor Paul Garrard

12418

Councillor Garrard sought advice on the present position with respect to the proposed restructure of Council’s ward boundaries. The Lord Mayor advised that his office had met with the consultant undertaking these works last week and a workshop would be held for all Councillors in the near future. Councillor Garrard noted that time was short as it was his understanding that any changes needed to be exhibited and adopted prior to September this year.

2

SUBJECT          46 Constitution Road, Wentworthville REFERENCE   F2008/04592 FROM                 Councillor Andrew Bide

12419

Councillor Bide sought an update on Service Request 21348 in relation to asbestos removal from the subject premises and seeking advice as to whether such removal was covered by a development application. Councillor Bide questioned why it had taken over one week for Council to act on the complaint when the constituent had made contact as the asbestos was being removed from the building. The Group Manager Outcomes and Development advised that a clean up issue would be sent on Wednesday 15 June 2011 and added that an update on other issues associated with this site would be provided to all Councillors.

3	SUBJECT          Speed Humps in Granville REFERENCE   F2008/03598 FROM                 Councillor Tony Issa OAM MP
12420	Councillor Issa sought an update on each of the speed humps that had been requested in the Granville area recently. The Group Manager Outcomes and Development advised that Council was awaiting blackspot funding but added that an update would be provided to Councillor Issa.

4	SUBJECT          Safety Stickers on Council Vehicles REFERENCE   F2008/04592 FROM                 Councillor Michael McDermott
12421	Councillor McDermott sought an update on the re-implementation of the safety stickers on Council work vehicles. Councillor McDermott noted that many of the stickers had previously been implemented in a manner which precluded the reading of the signage. The CEO advised that a report would be provided to Councillors on this issue in the near future.

5	SUBJECT          Future of Local government National Summit 2011 REFERENCE   F2011/01604 FROM                 Councillor Pierre Esber
12422	Councillor Esber noted that only 2 Councillors had registered interest in attending the subject conference to be held in Melbourne and encouraged others to attend. The Chief Executive Officer noted that the Group Manager Outcomes and Development would also be attending the Conference.

The meeting terminated at 8.37 pm.

RESCISSION MOTION

A notice of motion to rescind Item 10.8 relating to the Development Application for 147 Parramatta Road, Granville was tabled following the termination of the meeting by Councillor A Issa OAM MP, The Lord Mayor, Councillor J Chedid and Councillor P J Garrard..

THIS PAGE AND THE PRECEDING 20 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON TUESDAY, 14 JUNE 2011 AND CONFIRMED ON MONDAY, 27 JUNE 2011.

Lord Mayor