Minutes of Council - 22 August 2011

MINUTES OF THE Meeting of Parramatta City Council HELD IN THE Council Chamber, CIVIC PLACE, PARRAMATTA ON Monday, 22 August 2011 AT 6.45 pm

PRESENT

The Lord Mayor, Councillor J Chedid in the Chair and Councillors P B Barber (retired 9.17pm), A Bide, G J Elmore, P Esber, J D Finn, P J Garrard, A Issa, OAM, MP (retired 9.57pm), M A Lack, S D Lloyd, P K Maitra, M D McDermott (Deputy Lord Mayor), L E Wearne and A A Wilson (retired 10.10pm).

ACKNOWLEDGEMENT TO TRADITIONAL LAND OWNERS

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

WELCOME TO PUBLIC AND MEDIA

The Lord Mayor acknowledged the presence of members of the public and media representatives and welcomed them to the Chamber.

FOUNDATION ACKNOWLEDGEMENT

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

MINUTES

SUBJECT Minutes of the Council Meeting held on 8 August 2011

RESOLVED (Esber/Wilson)

12567

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

APOLOGIES

RESOLVED (Garrard/Bide)

12568

That an apology be received and accepted for Councillor C X Lim and leave of absence be granted.

DECLARATIONS OF INTEREST

1 Councillor M D McDermott declared a non pecuniary interest in relation to Items 8.2 and 8.4 of Economy and Development regarding the Development Applications for 247 Kissing Point Road, Dundas and 98 Kissing Point Road, Dundas as Councillor McDermott lives in proximity to the developments.

Councillor McDermott intended to remain in the Chamber during consideration of these matters.

2 Councillor A Issa, OAM, MP declared a non pecuniary interest in relation to Item 8.7 of Economy and Development regarding 36-38 Darcy Road, Wentworthville as Councillor Issa may be related to the applicant.

LORD MAYORAL MINUTES

SUBJECT Re-establishment of the Sport and Recreation Advisory Committee

REFERENCE F2007/00688

FROM The Lord Mayor, Councillor J Chedid

RESOLVED (Chedid/Wilson)

12569

RESOLVED (Chedid/Wilson)

(a) That consideration be given to the re-establishment of the Sport & Recreation Advisory Committee.

(b) That various models for a Committee be investigated.

SUBJECT Organisational Structure – Appointment of Quality Control Management Position

REFERENCE F2009/01244

FROM The Lord Mayor, Councillor J Chedid

RESOLVED (Chedid/Bide)

15670

That the role of Quality Control Management be positioned so as to report directly to the CEO and that a recruitment program be initiated through the usual channels by the CEO, and that the role be filled within 3 months from the date of this Lord Mayoral Minute.

3	SUBJECT Financial Support for local Sportsman, Mitchell Fox REFERENCE F2004/06903 FROM The Lord Mayor, Councillor J Chedid
	MOTION (Chedid/Bide)
	That Council allow the Lord Mayor discretion to assist Michell Fox with his expenses up to an amount of $1,000.
	AMENDMENT (Esber/Finn)
	(a) That Council congratulate Mitchell Fox on his inclusion in the Australian representative Fencing team. (b) Further, that Council provide a donation of up to $2,000 to Mitchell Fox to assist with his expenses associated with the 2011 national and international competition programme.
	The amendment was put and carried.
12571	The amendment became the motion and was put and carried.

SUBJECT NSW Local Government Aboriginal Network Conference

REFERENCE F2010/03189

FROM The Lord Mayor, Councillor John Chedid

RESOLVED (Chedid/Esber)

12572

That Councillor P B Barber be nominated to attend the 24^th NSW Local Government Aboriginal Network Conference being held in Dubbo, New South Wales from 13 to 15 September 2011 and other interested Councillors advise the Office of the Lord Mayor by the end of the week of their desire to attend.

PUBLIC FORUM

SUBJECT Support for Development Application - 98 Kissing Point Road, Dundas

REFERENCE DA/369/2011

FROM Mr G Gilliver

“Condition 5 states “ The existing concrete in the rear north east corner of the site (adjacent to the garage) is to be removed and replaced with a minimum 7m x 7m (49 sq mtr) landscaped area.

Reason: to reduce the amount of hard surface area on the site.”

We wish to amend to the following “Remove this condition from the DA”.

Reason: stated below

We kindly request your support in relation to the above amendment.

The DA is for a modest renovation to the rear of a heritage listed home at 98 Kissing Point Road, Dundas 2117.

This is a family home that my wife and I have occupied over the last 30 years. It has also been the home to our 4 children.

The council recommendation is stated as “Approval with conditions”.

We understand that in theory we narrowly do not meet the latest ratio requirements for hard surface area versus soft landscape area however, our reasons for not wanting to remove the concrete are as follows:

1. The hard surface area has been there for at least 25 years and has provided safe storage and turning area for 6 cars (one for each family member). We have been able to provide our own off street parking which has enabled us to re-enter Kissing Point Road, which is a 6 lane main arterial road, in a safe manner by being able to drive out forward rather than reverse.

2. The property was used for family day care for 22 years and one of the council requirements at the time was to provide off street parking for at least 7 families to enable the safe drop-off and collection of children. Room was required to allow multiple parking of cars with doors open for the manoeuvring of bags/prams/car seats etc in and out of vehicles. We were also registered with Meadowbank TAFE to provide practical on-site training for students doing the “Nanny course” and were again able to provide additional off-street parking for students on the day.

3. The concrete area is currently used to store two trailers, provide a safe flat surface for the clothes line and provide a solid base for a 10,000L water tank and pump system that we have invested in to maintain the 400 sq mtr of gardens that we have on the property (see attached photos).

4. Although the proportions of soft landscaping versus hard surface don’t quite comply, we have done our part for the neighbourhood and environment. We have invested tens of thousands of dollars in plants and landscaping. The above ground tank, underground collection tank, pumps, controllers, solenoids, irrigation pipe etc has cost in excess of ten thousand dollars. This was all installed to maintain our investment in the extensive range and quantity of plants that we have taken pride in over many years.

5. Our commitment to a greener environment is obvious by the reference to the aerial photos below. Our property is bounded by the yellow line. The large trees on the left and right sides of the property in fact are on our side of the boundary and were planted by us many years ago. It can be clearly seen that by comparison we have contributed far more in terms of landscaping, trees, plants and shrubs and take a much greater responsibility than any of the neighbouring developments. As an aside we have also provided the neighbouring properties with shade and greenery that they would otherwise not have if we hadn’t planted and maintained these trees for many years.

6. We have been rate payers in the one property for over 30 years and although heritage listed have never received nor asked for any compensation, rebates, incentive, discounts etc despite the council and the community having had the benefit of our heritage listing. We have spent tens of thousands of dollars on plants and landscaping to beautify and promote the property, with no assistance (see attached photos).

7. It also needs to be mentioned that we have entered the Parramatta Council garden competition (Category – “A Cottage Garden with Heritage House”) on 3 occasions and were awarded prizes on each occasion. We were again invited to participate in the competition this year but unfortunately due to the pending renovations are unable to do so however, do intend entering next year and are confident of winning 1^st or 2^nd prize. Part of the overall property renovations will include more plants, shrubs and landscaping.

8. In addition to the above, the proposed extension of the rear room is to be built over a dirt area currently unoccupied by grass or plants because they will not grow in this part of the yard. The Carport is an open area with a roof extending over the existing hard surface driveway. Taking into account the demolition of the current deck and addition of the new family room, we are only claiming a net amount of 9.5 sq mtr of soft landscape area (as per site plan drawing analysis A002 Issue B dated July 2010), yet are being asked to remove 49sq mtrs of concrete.

9. We believe the removal of this concrete is unnecessary, a waste of resources and energy, extremely expensive and difficult for us. It will involve great expense and the use of heavy machinery to undertake this futile exercise. The removal of 49 sq mtrs from a property area of 1303 sq mtr represents only 3.7% of the total area.

We are requesting a logical common sense approach and some support and assistance from council in relation to our request. We also reiterate that we have provided ongoing benefits to the community and environment via the heritage listing over many years and have never taken advantage of any benefits that may be available or asked for any assistance.

We trust that you will give this your valuable consideration and vote in our favour on Monday night the 22^nd of August 2011.”

RESPONSE

By Ms Louise Kerr, Manager Development Assessment:-

12573

“Thank you for our public forum statement. I will provide some further information to help explain why the officer assessing the application has recommended condition No. 5 be imposed on any development consent issued.

Condition 5 requires the concrete in the rear north east corner of the site located adjacent to the garage to be removed and for at least 49m2 of additional landscaping to be provided (dimensions of 7m x 7m). The reduction in hard paved areas and resultant increase in landscaped area is recommended as the site is deficient in its provision of soft landscaping and does not satisfy the landscaping controls in Parramatta DCP 2005. Parramatta DCP requires 30% of a site to be a deep soil zone (of which 50% is to be located at the rear of the site) and 40% landscaped.

The site currently provides a deep soil zone of 17% (21% which is located in the rear yard) and a landscaped area of 23%.

Although the site contains garden areas, the dimensions of these areas are below what can be included in the deep soil zone and landscaping calculations as prescribed in the DCP. (The minimum dimensions for a deep soil zone area are 4m x 4m and for a landscaped area 2m x 2m.)

The site is large (being 1,303m²) and contains a two storey dwelling, pool with deck and entertaining area and a rear double garage. The site is no longer used as a family day care centre or for TAFE training and a turning area is located in the front setback to allow vehicles to enter and exit from Kissing Point Road, so it is considered reasonable to require additional landscaped area at the rear of the site to cater for the recreational needs of the residential occupants of the site and to bring the development into closer conformity with the DCP controls.

Council’s Development Engineer also requires an absorption trench to be provided on the site so that runoff from the alterations and additions which cannot be drained to the street can be catered for. The rear north east corner of the site is the only suitable area for this trench to be located.”

SUBJECT Objection to Development Application - 98 Kissing Point Road, Dundas

REFERENCE DA/369/2011

FROM Mark Ting

12574

“1. Invasion of Privacy. As the proposed first floor balcony is directly opposite to my property, my family and I would no longer have any privacy.

2. High chance of sight interference.

3. Not enough distance between two adjacent residential properties. The distance is only 75.815cm, less than 90cm.

4. Noise.”

SUBJECT Objection to Development Application for 98 Kissing Point Road, Dundas

REFERENCE DA/369/2011

FROM Andrew Barsi

12575

“It’s been over a year since I purchased the townhouse next to 98 Kissing Point Road and in that time I have had numerous noise issues coming from that property. It is mainly in the warmer months and on complaint to the owner, he has assured me that its when he is not at home and his teenage children are in charge.

Even with me spending money on air-conditioning and noise reducing curtains, the music and loud talking is a nightmare.

The owner to his credit is building a large sound reducing fence between me and his pool/large BBQ area but the noise from power tools and loud talking from the spa area will still be a major problem.

Then to my surprise the owner wishes to build a large elevated deck not far from our bedroom window.

My objections are threefold. The proposed building is to close to the boundary fence. The deck will overlook our backyard and provide us with no privacy. But the most important, the noise from the deck will interrupt us our quiet enjoyment of our property.

I have lived all over the world in houses and apartments and never have I been shown such a total lack of respect.

If the application to build goes ahead, I believe it will only add to the already existing problem of obtrusive noise and will bring the situation to a loggerhead.”

SUBJECT Support for Development Application - 78 - 81 John Street, Merrylands

REFERENCE DA/327/2011

FROM Mr Murray Holmes – Architect for GM Architects

12576

As submitted via written documentation:-

“I wish to say that our scheme is worthy of approval and wish the application to be deferred:-

1. The building will fit the local character with its many 2 storey buildings using similar site coverage. Most noticeable is the housing on our existing building and the house to the west with its outbuildings.

2. Fits into the streetscape with 2 storeys on either side.

3. Half of the proposal is an affordable rental housing which is in desperate need of. The other half is much needed housing close to transport and the TAFE.

4. Social impact statement confirm compatibility.

5. We believe the application meets the codes as at lodgement.”

SUBJECT Support for Development Application - 79 - 81 John Street, Merrylands

REFERENCE DA/327/2011

FROM George Khouri – GM Architects

12577

As submitted via written Public Forum:-

“I support my architect’s address with further comment on the history of land ownership at this address and make particular reference to the SEPP changes which may apply. I and the owners find this unfair and it will cause financial hardship to hardworking people trying to secure their future.”

SUBJECT Objection to Development Application - 45 - 51 Spurway Street, Ermington

REFERENCE DA/144/2011

FROM Adam Bryant

12578

” My name is Adam Bryant & I’m a resident of Maling Avenue & have been asked to speak on the behalf of the “Ermington Action Group” that was formed by concerned Ermington residents in response to the proposed Development at 45-51 Spurway St.

Firstly, I’d like to thank the Lord Mayor, Deputy Lord Mayor, Councillors, Council staff & residents for taking the time to listen to the concerns of Ermington residents at tonight’s meeting.

In summary, we support the concept of affordable housing, however we believe all developments should be assessed against proper planning principles; these are well established to protect interests of existing and future residents. In stark contrast, this particular development is simply in the wrong place, and in our view wholly inappropriate and non-compliant for a large number of reasons.

Before Council makes its decision, we request that the following points be taken into consideration:-

Points for consideration:-

· Lord Mayor, 37 Ermington residents have formally submitted objections to Parramatta City Council (P.C.C .) objecting to the development. A petition objecting to the proposed development with 250 signatures was also submitted to Council .

· The Minister for Planning and Infrastructure, Brad Hazzard, MP issued the SEPP (Affordable Rental Housing) Amendment 2011 on May 20, 2011. Amendments to the AHSEPP clearly state that for existing applications there will now be a requirement that developers build in accordance with the existing character and landscape of neighbourhoods.

· The new Clause 16A Character of Local Area states: “A consent authority must not consent to development to which this Division applies unless it has taken into consideration whether the design of the development is compatible with the character of the local area”.

· Lord Mayor, the proposed development is emphatically not compatible with either the existing or the desired future character of the area and must be refused on these grounds. 8.5 metre tall residential flat buildings will ruin the current low rise street appeal of Ermington & will create a precedent for future multi-storey unit development in the area!!! Property values will fall as a direct consequence.

· The subject site is zoned Residential 2(a) under the Parramatta LEP 2001 which is the equivalent of Low-density Residential. The Statement of Environmental Effects prepared on behalf of the Developer itself acknowledges this fact and states “ In this case the proposal seeks approval for the construction of a residential flat style of building upon the site and noting that residential flat buildings are not ordinarily permissible upon the land”.

· The proposed development does not comply with applicable Parramatta local government planning guidelines, such as the Parramatta LEP 2001 and the Parramatta Development Control Plan 2005. The full details of our objections are contained in the detailed submissions.

· Lord Mayor, in December 2010, the Department of Planning in its Affordable Rental Housing SEPP Review states that: “the assessment and determination of infill proposals MUST also take into account relevant provisions of local environmental plans ….and …. development control plans……to consider local design and environmental factors.”.

· Lord Mayor, The parents of Rydalmere East Public School were not formally notified of the proposed development that will directly impact the safety of school students walking to and from school & using the “Kiss & Ride” drop-off zone;

· Increased congestion/traffic flow during construction will result in danger to schoolchildren accessing Rydalmere East Public School via the Spurway St. zebra crossing. The visibility of driver’s will be obstructed by excavation trucks, construction vehicles and builders cars. As you can see this an extremely dangerous intersection already that is situated on the crest of a hill and has already been the site of a number of near misses

· Construction vehicles will be parked in the area from 6.30am to 5pm, Monday to Saturday for a period of 18 -24 months;

· Insufficient parking in the proposed development will result in a large number of extra residents and visitors cars parking in neighbouring streets, which are already overcrowded, particularly during school hours;

· There will be a considerable loss of privacy and noise concerns should this development proceed as planned. Second storey balconies will considerably overlook neighbouring properties, including the school playground.

· The 2 rear balconies on the current plans are each 53m² in area. The Council stated in it’s preliminary assessment letter dated March 22, 2011 that “The first floor terraces accessed via units 10 in buildings A and B are considered excessive with respect to visual and acoustic privacy. As a result these terraces are to be reduced in depth and width to a maximum of 10m²with minimum dimensions of 2m”. The developer has completely ignored this request in the amended application and has not changed the total balcony area at all.

· Lord Mayor, the Statement of Environmental Effects does not address the issue of noise whatsoever. With a construction program lasting anywhere up to 2 years and workers arriving on site from 6:30 am to commence work at 7am and working throughout the day for up to 6 days a week, and with works involving major excavation using large machinery, there is bound to be a substantial noise impact on nearby neighbours, including retirees and shift workers. There may also be potential for vibration impacts including structural damage to properties.

· There are significant effects of shadows on neighbouring properties.

· The Developer did not complete the Social Impact Assessment requested by Council within the required timeframes.

Lord Mayor, on behalf of residents the Ermington Action Group formally request that Parramatta City Council agree to the recommendation of the Urban Planning department and reject Development Application DA/144/2011.

I’d like to personally thank the Lord Mayor, Deputy Lord Mayor, Councillors, Council staff & residents for taking the time to listen to the grievances of the community in relation to this inappropriate development application. I look forward to Council rejecting this application outright, so Ermington residents can go back to enjoying their lives rather than being subjected to such unnecessary stress and pressure, all for the sake of a quick buck.”

Economy and Development

8.1	SUBJECT Common Property 37 Midson Road and 8 Birchgrove Crescent Eastwood, (Former Eastwood Brickpit) Eastwood (Lot 5 DP 270605 and CP 1 DP 270605) (Lachlan Macquarie Ward) DESCRIPTION Construction of a park including works to three heritage listed kilns REFERENCE DA/618/2010 - 3 August 2010 APPLICANT/S AVJBOS Eastwood Developments OWNERS AVJBOS Eastwood Developments REPORT OF Manager Development Services. Also Development Assessment Officer Memorandum dated 22 August 2011. REASON FOR REFERRAL TO COUNCIL The application involves work to heritage items.
	RESOLVED (Esber/Bide)
12579	(a) That Council as the consent authority grant development consent to Development Application No. 618/2010 for the adaptive reuse of 3 existing kilns and associated landscaping works at Lot 5 DP 270605 Midson Road Eastwood for a period of five (5) years from the date on the Notice of Determination subject to the conditions contained in 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 P B Barber, A Bide, G J Elmore, P Esber, J D Finn, P J Garrard, A Issa, OAM, MP, M A Lack, P K Maitra, M D McDermott and L E Wearne. NOES Councillors S D Lloyd and A A Wilson.

8.2	SUBJECT 247 Kissing Point Road Dundas Lot 1 DP 128425 (Elizabeth Macarthur Ward) DESCRIPTION Demolition, tree removal and the construction of 4 townhouses with strata subdivision. REFERENCE DA/243/2011 - 12 May 2011 APPLICANT/S Revelop Projects OWNERS Betel Pty Ltd REPORT OF Manager Development Services REASON FOR REFERRAL TO COUNCIL This application is referred 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/Bide)
12580	(a) That Council as the consent authority refuse Development Application No. 243/2011 for demolition, tree removal and construction of four (4) townhouses, onsite car parking and strata subdivision of the completed development on land at 247 Kissing Point Road, Dundas NSW 2117 for the following reasons: 1 The proposed multi-unit development comprising four (4) townhouses within an R2 zone under the provisions of Draft Parramatta Local Environmental Plan 2010, which is deemed to be imminent and certain, is prohibited. 2. The proposed development is contrary to the public interest as it is inconsistent with future planning controls and the likely future character of the area, which is to be sustained for the purposes of low density residential development prescribed by the draft LEP 2010. 3. The proposed rear (western) elevated deck and living room of townhouse 4 is considered to exacerbate visual and acoustic privacy to the adjoining property at No. 245 Kissing Point Road. 4. The proposal is not in the public interest. (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, M A Lack, S D Lloyd, P K Maitra, M D McDermott, L E Wearne and A A Wilson. NOES None.
	NOTE: Councillor M D McDermott declared a non pecuniary interest in relation to this matter as he lives in proximity to the development. Councillor McDermott did not retire from the meeting during consideration and voting on this matter.

8.3	SUBJECT 18/181 Church Street, Parramatta (Lot 18 SP 16446, Lot 2 DP 526588 (Lots 1-26 & 28-43 SP 16446 & Lots 44-45 SP 19673) (Arthur Phillip Ward) DESCRIPTION Section 96(1a) application to modify Development Consent No. DA/1024/2005 (a natural therapy business and residence). The modification seeks to change the hours of operation to allow the business to cease operations at 7pm (currently 5pm) and increase the number of employees from two to three. REFERENCE DA/1024/2005/A - Lodged 11 July 2011 APPLICANT/S W M Wen OWNERS W M Wen 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.
	RESOLVED (Maitra/Bide)
12581	(a) That Council as the consent authority, modify development consent to Development Application No. 1024/2005 in the following manner: 1. Modify Condition no. 4 in the following manner: 4. The days and hours of operation are restricted to 9:00am to 7:00pm, Monday to Saturday. Any alterations to the above will require further development approval. Reason: To minimise the impact on the amenity of the area. 2. All other conditions of consent under DA/1024/2005 are to remain. (b) Further, that the objectors be advised of Council’s decision
	DIVISION The result being: AYES Councillors P B Barber, A Bide, G J Elmore, P Esber, J D Finn, P J Garrard, A Issa, OAM, MP, M A Lack P K Maitra and L E Wearne. NOES The Lord Mayor, Councillor J Chedid and Councillors S D Lloyd, M D McDermott and A A Wilson.

8.4	SUBJECT 98 Kissing Point Road, Dundas (Lot 5 DP 38734) (Elizabeth Macarthur Ward) DESCRIPTION Alterations and additions to a heritage listed two storey dwelling house. REFERENCE DA/369/2011 - Submitted 2 June 2011 APPLICANT/S Casey & Mannell Design Pty Ltd OWNERS Mr G W Gilliver and Mrs H J M Gilliver REPORT OF Manager Development Services. Also correspondence from W Liang and J Man. Further email from W and J Man dated 19 August 2011. REASON FOR REFERRAL TO COUNCIL The application is being referred to Council for determination as the subject site is listed as a heritage Item of Local Significance under Parramatta LEP 1996 (Heritage and Conservation).
	MOTION (McDermott/Lack)
	(a) That Council as the consent authority grant development consent to Development Application No. DA/369/2011 for the alterations and additions to a heritage listed two storey dwelling house at 98 Kissing Point Road, Dundas subject to conditions in the attached s79C report with the deletion of condition 5. (b) Further, that the submitter be advised of Council’s decision.
	AMENDMENT (Bide/Wilson) (a) That Council as the consent authority grant development consent to Development Application No. DA/369/2011 for the alterations and additions to a heritage listed two storey dwelling house at 98 Kissing Point Road, Dundas subject to conditions in the attached s79C report. (b) Further, that the submitter be advised of Council’s decision
	The amendment was put and lost.
12582	The motion was put and carried
	DIVISION The result being: AYES The Lord Mayor, Councillor J Chedid and Councillors G J Elmore, P Esber, J D Finn, P J Garrard, A Issa, OAM, MP, M A Lack, S D Lloyd, P K Maitra, M D McDermott and L E Wearne. NOES Councillors P B Barber, A Bide and A A Wilson.
	NOTE: Councillor M D McDermott declared a non pecuniary interest in relation to this matter as he lives in proximity to the development. Councillor McDermott did not retire from the meeting during consideration and voting on this matter.

8.5	SUBJECT 2 Mayfield Street, Wentworthville (Lot 131DP 128864) (Arthur Phillip Ward) DESCRIPTION Demolition, tree removal and construction of 5 townhouses under the Affordable Rental Housing SEPP 2009 REFERENCE DA/312/2011 APPLICANT/S Mr Elias Assaf OWNERS Mr Elias Assaf REPORT OF Manager Development Services. Also Senior Development Assessment Officer Memorandum dated 22 August 2011. REASON FOR REFERRAL TO COUNCIL This application is referred to Council for determination due to the number of submissions received.
	RESOLVED (Finn/Elmore)
12583	(a) That Council as the consent authority refuse Development Application No. 312/2011 for demolition, tree removal and construction of 5 townhouses on land at 2 Mayfield Street, Wentworthville for the following reasons: 1. The proposed development does not satisfy the provisions of Clause 16A – Character of Local Area of SEPP (Affordable Rental Housing) 2009. 2. The proposal is prohibited by Clause 10(2) of State Environmental Planning Policy (Affordable Rental Housing) Amendment 2011 as the application proposes infill housing in a zone that prohibits multi unit dwellings/residential flat buildings. 3. The proposed development is contrary to the aims and objectives of the Parramatta Local Environmental Plan 2001 and Draft Parramatta Local Environmental Plan 2010 as the proposed townhouses are prohibited development under the current and future zoning of the land. 4. The proposed building will have an unacceptable impact on the streetscape, in terms of bulk, scale, wall length and ground level treatments which provide for floodwater to pass underneath the building. 5. The proposed building will have unacceptable amenity for future residents in terms of inadequate private open space, unsecured car parking and inadequate storage area. 6. The proposed building will have unacceptable privacy impacts upon adjoining residents. 7. The proposed building does not comply with the requirement for disabled access into the dwellings in accordance with Parramatta Development Control Plan 2005. 8. The development application has provided inadequate information provided to allow for a proper assessment of how stormwater from the site will be disposed. 9. The development application has provided inadequate information to determine whether on site detention (OSD) is required. 10. The development application has not clearly identified that the proposed flood storage will be effective for the full range of events up to the 100 year event. 11. The proposed development is not in the public interest. (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, M A Lack, S D Lloyd, P K Maitra, M D McDermott, L E Wearne and A A Wilson. NOES None.

8.6	SUBJECT 14 Fremont Avenue, Ermington (Lachlan Macquarie Ward) (Lot 41 DP 315838) DESCRIPTION Demolition of existing dwelling and construction of 5 x 3 bedroom and 1 x 4 bedroom dwellings under the Affordable Rental Housing SEPP. REFERENCE DA/241/2011 - 21 April 2011 APPLICANT/S Yaseen Vu and Associates OWNERS G Ajaka and E Ajaka REPORT OF Manager Development Services REASON FOR REFERRAL TO COUNCIL The application is referred to Council due to the number of submissions received and the proposal relates to a development under the Affordable Rental Housing SEPP.
	RESOLVED (Esber/Wearne)
12584	(a) That Council as the consent authority refuse Development Application No. 241/2011 for demolition, construction of 5 x 3 bedroom and 1 x 4 bedroom dwellings under the Affordable Rental Housing SEPP on land at 14 Fremont Avenue, Ermington for the following reasons: 1. The proposed development does not comply with the provisions of Clause 91A – Integrated Development of the EP&A Act 1979 as the Department of Water has not considered the development application. 2. The proposal fails to satisfy the provisions of State Environmental Planning Policy (Affordable Rental Housing) Amendments 2011 as it does not satisfy the local character provision as the assessment demonstrates that the proposed development will not be compatible with the existing and/or the desired future character of the locality. The proposal also does not comply with the floor space ratio provision of the SEPP. 3. The proposal is prohibited by Clause 10(2) of State Environmental Planning Policy (Affordable Rental Housing) Amendment 2011 as the application proposes infill housing in a zone that prohibits multi unit dwellings/residential flat buildings. 4. The proposal fails to satisfy the provisions of State Environmental Planning Policy (Affordable Rental Housing) 2009 as it does not satisfy the provisions of the Seniors Living Policy including responding to context, site planning and design, impact on streetscape and impact on neighbours. The proposal also does not comply with the FSR provisions of the original SEPP. 5. The proposed development is contrary to the aims and objectives of Parramatta Local Environmental Plan 2001 and Draft Parramatta Local Environmental Plan 2010 and the proposed multi-unit development is a prohibited development under the current and future zoning of the site and is out of character with the area. 6. The proposed development is inconsistent with the requirements of Parramatta DCP 2005. The development does not comply with the design standards for setbacks (rear, front and side), height, stormwater and flood management, deep soil and landscaping, building form and massing, building façade and articulation, visual and acoustic privacy, building separation, waste management, internal amenity, housing diversity, parking and solar access. 7. Insufficient information has been submitted to carry out an assessment of the likely impacts of the multi-unit development on the amenity of the locality. In particular, no Social Impact Assessment has been submitted. 8. The proposal exceeds the maximum allowable FSR and no SEPP 1 objection has been submitted 9. The proposal is not in the public interest. (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, M A Lack, S D Lloyd, P K Maitra, M D McDermott, L E Wearne and A A Wilson. NOES None.

8.7	SUBJECT 36-38 Darcy Road, Wentworthville NSW 2145 (Lot 2 DP 38534 & Lot 1A DP160787)(Arthur Phillip Ward) DESCRIPTION Demolition of 2 dwelling houses, removal of trees, construction of 3 x 2 storey residential flat buildings containing a total of 18 dwellings over basement carparking for 22 cars under the provisions of SEPP (Affordable Rental Housing) 2009 and strata subdivision. REFERENCE DA/888/2010 - Submitted 5 November 2010 APPLICANT/S Abboud Investments No 2 Pty Ltd OWNERS Abboud Investments No 2 Pty Ltd REPORT OF Manager Development Services. Also Acting Service Manager Development Assessment Memorandum dated 22 August 2011. REASON FOR REFERRAL TO COUNCIL This application is referred to Council for determination as the proposal is for affordable rental housing and due to the number of submissions received.
	RESOLVED (Esber/Maitra)
12585	(a) That Development Application No. 888/2010 for the demolition of 2 dwellings, removal of trees and the construction of 3 x 2 storey residential flat buildings containing a total of 18 dwellings over basement carparking for 22 cars under the provisions of SEPP (Affordable Rental Housing) 2009 on land at 36-38 Darcy Road, Wentworthville be refused for the following reasons: 1. The proposal is prohibited by Clause 10(2) of State Environmental Planning Policy (Affordable Rental Housing) Amendment 2011 as the application proposes infill housing in a zone that prohibits residential flat buildings. 2. The proposal fails to satisfy the provisions of State Environmental Planning Policy (Affordable Rental Housing) 2009 as it does not satisfy the provisions of the Seniors Living Policy including responding to context, site planning and design, impact on streetscape and impact on neighbours. 3. The proposal fails to satisfy the provisions of State Environmental Planning Policy (Affordable Rental Housing) Amendments 2011 as it does not satisfy the local character provision as the assessment demonstrates that the proposed development will not be compatible with the existing and/or the desired future character of the locality. 4. The proposed development is contrary to the aims and objectives of Parramatta Local Environmental Plan 2001 and Draft Parramatta Local Environmental Plan 2010 and the proposed residential flat building is a prohibited development under the current and future zoning of the site and is out of character with the area. 5. The proposed development is inconsistent with the requirements of Parramatta DCP 2005. The development does not comply with the design standards for streetscape, building form and massing, building façade and articulation, building separation and acoustic privacy. 6. The proposal is not in the public interest. (b) Further, that the objectors and head petitioner be advised of Council’s determination of the application.
	DIVISION The result being: AYES The Lord Mayor, Councillor J Chedid and Councillors P B Barber, A Bide, G J Elmore, P Esber, J D Finn, P J Garrard, M A Lack, S D Lloyd, P K Maitra, M D McDermott, L E Wearne and A A Wilson. NOES None.
	NOTE Councillor A Issa, OAM, MP had previously declared a non pecuniary interest in relation to this item as he may be related to the applicant and temporarily left the Chamber during consideration and voting on this matter.

8.8	SUBJECT 79 - 81 John Street, Merrylands (Lot A DP 420807) (Woodville Ward) DESCRIPTION Tree removal and construction of 7 townhouses over basement carparking under the Affordable Rental Housing SEPP 2009 REFERENCE DA/327/2011 - Submitted 18 May 2011 APPLICANT/S GM Architects OWNERS W.L.D.M. Holdings 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 and the future down zoning of the site to R2 Residential Zone under the Draft LEP 2010.
	MOTION (Garrard/Wearne)
	(a) That Council as the consent authority refuse Development Application No. 327/2011 for tree removal and construction of seven (7) townhouses with basement parking on land at Nos. 79-81 John Street, Merrylands for the reasons given in the attached Section 79c Report:- 1. The proposed development does not comply with the provisions of Clause 16A – Character of Local Area of SEPP (Affordable Rental Housing) SEPP (amended). 2. The proposal is prohibited by Clause 10(2) of State Environmental Planning Policy (Affordable Rental Housing) Amendment 2011 as the application proposes infill housing in a zone that prohibits multi unit dwellings/residential flat buildings. 3. The proposed development does not satisfy with the provisions of the SEPP (Seniors Living) in regards to neighbourhood amenity and streetscape and visual and acoustic privacy. 4. The proposed development is contrary to the aims and objectives of the PLEP 2001 and Draft LEP 2010 as the proposed townhouse complex is a prohibited development under the current and future zoning of the site. 5. The proposed development is inconsistent with the requirements of Parramatta DCP 2005. The development building form and massing, building façade and articulation, private open space, visual and acoustic privacy and solar access. 6. The proposal is not in the public interest. (b) Further, that the objectors be advised of Council’s decision.
	AMENDMENT (Issa, OAM, MP) That the application be deferred to a future Council Meeting.
	The amendment lapsed through the want of a seconder.
12586	The 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, J D Finn, P J Garrard, M A Lack, S D Lloyd, P K Maitra, M D McDermott, L E Wearne and A A Wilson. NOES Councillor A Issa, OAM, MP.

8.9	SUBJECT 1 Lexington Avenue, EASTWOOD NSW 2122 LOT A DP 326881(Lachlan Macquarie Ward) DESCRIPTION Demolition, tree removal and construction of 4 x 2 storey townhouses under the Affordable Rental Housing SEPP 2009. REFERENCE DA/332/2011 - 19 May 2011 APPLICANT/S Grander Properties Pty Ltd OWNERS Mr L V Page and Mrs J E Page REPORT OF Manager Development Services. Also Development Assessment Officer Memorandum dated 22 August 2011. REASON FOR REFERRAL TO COUNCIL The application is referred to Council due to the number of submissions received and the proposal is an infill housing development under the Affordable Rental housing SEPP 2009.
	RESOLVED (Wearne/Esber)
12587	(a) That Council as the consent authority refuse Development Application No. 332/2011 for demolition, tree removal and construction of 4 x 2 storey townhouses under the Affordable Rental Housing SEPP 2009 on land at 1 Lexington Avenue, Eastwood NSW 2122 for the following reasons: 1. The proposal is prohibited by Clause 10(2) of State Environmental Planning Policy (Affordable Rental Housing) Amendment 2011 as the application proposes infill housing in a zone that prohibits multi unit dwellings/residential flat buildings. 2. The proposal fails to satisfy the provisions of State Environmental Planning Policy (Affordable Rental Housing) Amendments 2011 as it does not satisfy the local character provision as the assessment demonstrates that the proposed development will not be compatible with the existing and/or the desired future character of the locality 3. The proposal fails to satisfy the provisions of State Environmental Planning Policy (Affordable Rental Housing) 2009 as it does not satisfy the provisions of the Seniors Living Policy including responding to context, site planning and design, impact on streetscape and impact on neighbours. 4. The proposed development is contrary to the aims and objectives of Parramatta Local Environmental Plan 2001 and Draft Parramatta Local Environmental Plan 2010 and the proposed multi-unit housing development is a prohibited development under the current and future zoning of the site and is out of character with the area. 5. The proposed development is inconsistent with the requirements of Parramatta DCP 2005. The development does not comply with the design standards for site frontage, rear setback, side setback, water management, streetscape, building form and massing, private open space, communal open space, visual and acoustic privacy, building separation, cross ventilation, waste management, social amenity. 6. The development is inconsistent with the requirements of part 4.1.4 ‘Water Management’ of Parramatta DCP 2005 as the proposal does not provide adequate stormwater drainage. 7. The proposed development will result in an impact on two trees, which are located within an adjoining site and owners consent has not been provided to enable consideration of their removal in absence of amendments to stormwater design. 8. The proposal is not in the public interest. (b) Further, that the objectors and head petitioner 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, M A Lack, S D Lloyd, P K Maitra, M D McDermott, L E Wearne and A A Wilson. NOES None.

8.10	SUBJECT 45-51 Spurway Street, Ermington (Lots 65, 66, 67 and 68 DP 16170) (Lachlan Macquarie Ward) DESCRIPTION Demolition, tree removal and construction of 2 x 2 storey residential flat buildings containing a total of 20 units over basement car parking under the Affordable Rental Housing SEPP (ARHSEPP). REFERENCE DA/144/2011 - 18 March 2011 APPLICANT/S Impact Project Management Pty Ltd OWNERS Mr M El Bayeh REPORT OF Manager Development Services REASON FOR REFERRAL TO COUNCIL This application is referred to Council for determination as the proposal is for affordable rental housing and due to the number of submissions received.
	RESOLVED (Esber/Elmore)
12588	(a) That Council as the consent authority refuse Development Application No. 144/2011 for demolition, tree removal and construction of a 2 x 2 storey residential flat building comprising of a total of 20 dwellings over basement car parking under the Affordable Rental Housing SEPP on land at 45-51 Spurway Street Ermington for the following reasons: 1. The proposal is prohibited by Clause 10(2) of StateEnvironmental Planning Policy (Affordable Rental Housing) Amendment 2011 as the application proposes infill housing in a zone that prohibits residential flat buildings 2. The proposed development does not comply with the provisions of Clause 16A – Character of Local Area of State Environment Planning Policy SEPP (Affordable Rental Housing) (amended) as the development will not be consistent or complimentary to the established and/or the desired future character of the locality. 3 The proposal fails to satisfy the provisions of State Environmental Planning Policy (Affordable Rental Housing)2009 with respect to the design principles of the Seniors Living Policy including neighbourhood character, bulk and scale distribution on the site, streetscape and visual and acoustic privacy. 4. The proposed development is contrary to the aims and objectives of the Parramatta Local Environmental Plan 2001 and Draft Local Environmental Plan 2010. 5 The proposed development is inconsistent with the requirements of Parramatta DCP 2005. The development does not comply with the design standards for streetscape, building form and massing, building façade and articulation, visual and acoustic privacy, building separation and solar access. 6 Insufficient information has been provided to Council to enable proper consideration of the application. In particular, the following information was not provided to Council:  Social Impact Assessment  Elevation shadow diagrams demonstrating extent of shadowing on the side elevations of adjoining dwellings. 7 The proposal is not in the public interest. (b) Further, that the objectors and head petitioner 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, M A Lack, S D Lloyd, P K Maitra, M D McDermott, L E Wearne and A A Wilson. NOES None.

Environment and Infrastructure

9.1

SUBJECT Parramatta Traffic Committee Minutes of Meeting held on 4 August 2011

REFERENCE F2010/03205 - D02052658

REPORT OF Service Manager Traffic and Transport

RESOLVED (Elmore/Esber)

12589

That the recommendations of the Parramatta Traffic Committee meeting held on 4 August 2011 be adopted.

9.2	SUBJECT Traffic Engineering Advisory Group Minutes of meeting held on 4 August 2011 REFERENCE F2010/03204 - D02052664 REPORT OF Service Manager Traffic and Transport
	RESOLVED (Garrard/Issa, OAM, MP)
12590	(a) That the recommendations of the Traffic Engineering Advisory Group meeting held on 4 August 2011 be adopted with the exception of Item 1108B5 Clyde Street, South Granville – Raised Pedestrian Crossing. (b) That in regard to Item 1108B5, another traffic count be carried out in Clyde Street, South Granville and Councillor P J Garrard be notified one week in advance of when the count is to take place. Following the traffic count, the matter be referred back to the Traffic Engineering Advisory Group for further consideration. (c) That a future workshop be held addressing the warrants required for the installation of a pedestrian crossing and Ms Swallows from the Roads and Traffic Authority be requested to present to the workshop on this issue. (d) That the Lord Mayor write to the Minister for Roads and Member for Granville in relation to the overall structure of the Roads and Traffic Authority in relation to its requirements for the provision of a pedestrian crossing. (e) Further, that the head petitioner in relation to Item 1108B5 be advised of Council’s decision.
	NOTE: 1 Councillor P Esber left the meeting at 8.16 pm and returned at 8.19 pm during consideration of this matter. 2 Councillor A Issa, OAM , MP left the meeting at 8.26 pm during consideration of this matter.

ADJOURNMENT OF MEETING

In accordance with Council's decision of 23 October 2000 (Minute No 5712) the meeting adjourned at 8.30 pm for a period of 17 minutes.

RESUMPTION OF MEETING

The meeting resumed in the Council Chamber at 8.47 pm, there being in attendance 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, M A Lack, S D Lloyd, M D McDermott, P K Maitra, L E Wearne and A A Wilson.

Community and Neighbourhood

10.1	SUBJECT 2012 PCC Community Grants Program REFERENCE F2011/01895 - D02012167 REPORT OF Grants Officer
	MOTION (Bide/Lloyd)
	(a) That the following categories as detailed in Paragraph 19 of Grants Officer Report be altered as follows:- 1. Community Capacity Building Grants – 100% Voluntary Organisations with funding pool per annum to be increased from $75,000 to $100,000. 2. Community Capacity Building Grants – Social Enterprise with funding pool per annum being increased from $75,000 to $80,000. 3. Arts Professional Projects Fund with funding pool per annum being reduced from $100,000 to $60,000. 4. Small Grants Fund with funding pool being increased per annum from $10,000 to $20,000 with the funding cap being increased to $1,000. (b) That the 2011 Parramatta City Council Community Grants open on Monday 19 September 2011 and close at 4pm on Friday 2 December 2011 and run to the timetable outlined in the report. (c) That the allocation of funds within the Social Enterprise category of the Community Grants program be amended to attract established and growing social enterprises to locate in Parramatta LGA. (d) That a Social Enterprise External Advisory Panel be established to advise the Councillor Assessment Panel on the quality and feasibility of social enterprise applications. (e) Further, that all Councillors be invited to receive briefings on applications and participate in the Councillor Assessment Panel prior to Council considering the Panel’s recommendations.
	AMENDMENT (Finn/McDermott)
	(a) That the 2011 Parramatta City Council Community Grants open on Monday 19 September 2011 and close at 4pm on Friday 2 December 2011 and run to the timetable outlined in the report. (b) That the allocation of funds within the Social Enterprise category of the Community Grants program be amended to attract established and growing social enterprises to locate in Parramatta LGA. (c) That a Social Enterprise External Advisory Panel be established to advise the Councillor Assessment Panel on the quality and feasibility of social enterprise applications. (d) Further, that all Councillors be invited to receive briefings on applications and participate in the Councillor Assessment Panel prior to Council considering the Panel’s recommendations.
	The amendment was put and lost.
12591	The motion was put and carried.
	DIVISION The result being: AYES The Lord Mayor, Councillor J Chedid and Councillors, A Bide, P J Garrard, A Issa, OAM, MP, M A Lack, S D Lloyd, P K Maitra, L E Wearne and A A Wilson. NOES Councillors P B Barber, G J Elmore, P Esber, J D Finn and M D McDermott.

10.2

SUBJECT Draft George Kendall Riverside Park Masterplan

REFERENCE F2010/02287 - D01941134

REPORT OF Open Space & Natural Resources Planner

RESOLVED (Esber/Maitra)

12592

(a) That the draft George Kendall Riverside Park Masterplan be placed on exhibition for 42 days in the Parramatta City (Central) Library, Ermington Library, Council’s Customer Service Centre and website.

(b) Further, that a report be submitted to Council upon completion of the public exhibition period for consideration and assessment of the public submissions received.

10.3	SUBJECT Community Bus Management and Support REFERENCE F2011/00184 - D02010430 REPORT OF Community Capacity Building Officer – Community Capacity Building
	MOTION (Barber/Esber)
	(a) That the report on the Community Bus management program be received and noted. (b) Further, that a review of the Community Bus management program be completed based on detailed usage data to be obtained from managing organisations and a proposal for future arrangements be presented for Council’s consideration.
	AMENDMENT (Wearne/Lloyd)
	(a) That the report on the Community Bus management program be received and noted. (b) Further, that a review of the Community Bus management program be completed based on detailed usage data to be obtained from managing organisations.
12593	The amendment was put and carried and on being put as the motion was again carried.
	NOTE: Councillor P B Barber retired from the meeting at 9.17 pm during consideration of this matter.

10.4

SUBJECT Aboriginal and Torres Strait Islander Advisory Committee Meeting 26 July 2011

REFERENCE F2005/01941 - D02049734

REPORT OF Community Capacity Building Officer

RESOLVED (McDermott/Elmore)

12594

(a) That the minutes of the Aboriginal and Torres Strait Islander Advisory Committee of 26 July 2011 be received and noted.

(b) Further, that Council note that there is no request for additional expenditure.

Governance and Corporate

11.1

SUBJECT Amendments to Council's Whistleblower Protection Policy

REFERENCE F2011/01104 - D01943378

REPORT OF Policy Review Officer

RESOLVED (Garrard/Esber)

12595

That the amended Public Interest Disclosures Policy found at Attachment 1 be adopted by Council, becoming effective immediately.

11.2

SUBJECT 12th International Cities Town Centres & Communities (ICTC) Society 2011 Conference - Hobart, Tasmania - 25-28 October 2011

REFERENCE F2010/03191 - D02026859

REPORT OF Executive Support Manager

RESOLVED (Bide/Esber)

12596

That interested Councillors advise the Office of the Lord Mayor of their interest in attending this conference within 10 days.

11.3

SUBJECT 2011 National Local Roads and Transport Congress - Mount Gambier, South Australia - 16-18 November 2011

REFERENCE F2008/02722 - D02027310

REPORT OF Executive Support Manager

RESOLVED (Bide/Esber)

12597

That interested Councillors advise the Office of the Lord Mayor of their interest in attending this conference within 10 days.

11.4

SUBJECT Parks and Leisure National Conference 2011 - 18 - 21 September 2011 - Fremantle, Western Australia

REFERENCE F2010/03187 - D02035729

REPORT OF Executive Support Manager

RESOLVED (Bide/Esber)

12598

That interested Councillors advise the Office of the Lord Mayor of their interest in attending this conference within 10 days.

11.5	SUBJECT Maximum interest rate on overdue Rates and Charges REFERENCE F2010/01685 - D02029095 REPORT OF Manager Finance
	MOTION (Esber/Elmore)
	That Council adopt the interest rate of 9% pa on all overdue Rates & Charges.
	AMENDMENT (Bide/Wilson)
	(a) That Council adopt the maximum interest rate of 11% pa on all overdue Rates & Charges, as determined by the Minister for Local Government, for the financial year 2011/12. (b) Further, that a report be brought back to Council on hardship provisions for those unable to pay their rates.
12599	The amendment was put and carried and on being put as the motion was again carried.
	NOTE: 1 Councillor M A Lack left the meeting at 9.54 pm and returned at 9.56 pm during consideration of this matter. 2 Councillor A Issa, OAM, MP retired from the meeting at 9.57 pm during consideration of this matter.

11.6

SUBJECT Investments Report for June 2011

REFERENCE F2009/00971 - D02040632

REPORT OF Manager Finance

RESOLVED (Elmore/Esber)

12600

That Council receives and notes the investments report for June 2011.

11.7

SUBJECT Delivery Program and Operational Plan – Quarterly Review June 2011

REFERENCE F2010/02574 - D02050921

REPORT OF Manager Finance

RESOLVED (Garrard/Esber)

12601

(a) That Council adopt the Chief Executive Officer’s June 2011 Quarterly Review of the 2010/14 Delivery Program and 2010/11 Operational Plan. (Attachment 1).

(b) Further, that Council adopt the Responsible Accounting Officer’s report on the financial position of the Council and the revised estimates of income and expenditure as detailed in Attachment 1

11.8

SUBJECT Proposed Easements for Underground Cable Purpose Through Part of Ponds/Subiaco Reserve Between Hillman Avenue and Christina Street Rydalmere

REFERENCE F2004/08829 - D02054197

REPORT OF Property Program Manager

RESOLVED (Esber/Garrard)

12602

(a) That Council affirms the resolution made on 24 August 2009 referred to in the report relating to the grant of an easement within part of Ponds/Subiaco Reserve Rydalmere.

(b) That Council delegates to the Chief Executive Officer authority to negotiate the terms and conditions of the easement documents required to formally record the terms of the easement grant made pursuant to the resolution made on 24 August 2009 referred to in the report relating to the grant of an easement within part of Ponds/Subiaco Reserve Rydalmere.

(c) Further, that Council authorises the affixation of the common seal to the easement documents (comprising a transfer granting easement and supporting documents) required to formally record the terms of the easement grant made pursuant to the resolution made on 24 August 2009 referred to in the report relating to the grant of an easement within part of Ponds/Subiaco Reserve Rydalmere.

11.9

SUBJECT Report of the ParraConnect Advisory Committee

REFERENCE F2011/00898 - D02056321

REPORT OF Manager Information Communication Technology

RESOLVED (Esber/Garrard)

12603

That the minutes of the ParraConnect Advisory Committee meetings of 20^th June 2011 and 18th July 2011 be received and noted.

CLOSED SESSION

12604

RESOLVED (Esber/Wilson)

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 item listed comes within the following provisions:-

1 Tender No. 04/2011 Establishment of a panel of contractors to undertake environmental restoration works. (D01996925) - 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:-

12.1

SUBJECT Tender No. 04/2011 Establishment of a panel of contractors to undertake environmental restoration works

REFERENCE F2011/00024 - D01996925

REPORT OF Supervisor Open Space Management

RESOLVED (Esber/Garrard)

12605

(a) That the following Companies tender submissions be accepted and the Companies be placed on the appropriate panels for the provision of Environmental Restoration Works as follows:

Bushland Regeneration Panel

1. Toolijooa

2. Hills Bushcare

3. Greening Australia NSW

4. Bush-it Pty Ltd

5. Ecohort

6. Southern Habitat Pty Ltd

7. Blue Tongue Eco-Systems

Walking Track Construction Panel

1. Toolijooa

2. Hills Bushcare

3. AW Landscaping

4. Southern Habitat Pty Ltd

Waterways Rehabilitation Panel

1. Toolijooa

2. AW Landscaping

3. Australian Environmental Services Pty Ltd

4. Southern Habitat NSW Pty Ltd

(b) That all unsuccessful tenderers be advised of Council’s decision in this matter.

(c) Further, that the Lord Mayor and Chief Executive Officer be given delegated authority to execute and affix the Common Seal of Council to the necessary documents.

QUESTION TIME

SUBJECT On Site Meetings and Public Forum

REFERENCE F2004/06174

FROM Councillor Glenn Elmore

12606

Councillor Elmore noted that a number of on site meetings were held on Saturday 20 August 2011 in relation to various development applications listed for consideration at the Council Meeting held tonight.

Unfortunately, any member of the public wishing to utilise Public Forum as a result of the on site meetings were required to have submitted their statements/questions by the Friday prior to the on site meeting.

Councillor Elmore requested that this matter be investigated with a view to an opportunity being given to those persons attending on site meetings to also utilise Public Forum.

SUBJECT Affordable Housing - Development Application - 79-81 John Street, Merrylands

REFERENCE DA/327/2011

FROM Councillor Glenn Elmore

12607

Councillor Elmore noted that the development application lodged in respect of 79 – 81 John Street, Merrylands had one submission lodged together with a petition with 8 signatories.

Councillor Elmore considered that, in view of the level of interest, an on site meeting should have been held and questioned whether this was an oversight.

The Lord Mayor noted that a policy had been adopted by Council on this matter but added that the policy will be revisited.

SUBJECT Purchase of Chamber Chair

REFERENCE F2008/04592

FROM Councillor Pierre Esber

12608

Councillor Esber sought advice on the current position in relation to his purchase of a former Council Chamber chair.

The Lord Mayor advised that he would seek a report from the Manager Council Support.

SUBJECT Condition of Parcel of Land - Corner of Mayfield Street and Briens Road, Wentworthville

REFERENCE CRM2010/00082

FROM Councillor Prabir Maitra

12609

Councillor Maitra advised that he had recently attended an on site meeting at 2 Mayfield Street, Wentworthville.

Residents at this meeting had raised concern over the poor condition of a parcel of land located at the corner of Mayfield Street and Briens Road, Wentworthville and had requested that consideration be given to beautifying this block of land.

SUBJECT Bridge Road, Westmead and Gasworks Bridge, Parramatta

REFERENCE F2008/04592

FROM Councillor Prabir Maitra

12610

Councillor Maitra advised that Bridge Road, Westmead needed to be widened (as raised previously) and requested that discussions be held with Holroyd Council in relation to this issue.

The Lord Mayor, Councillor Chedid added that an investigation should also be held in relation to the Gasworks Bridge.

NOTE: Councillor A Wilson retired from the meeting at 10.10 pm during consideration of this matter.

SUBJECT Healthy Communities

REFERENCE F2004/10350

FROM Councillor Julia Finn

12611

Councillor Finn sought advice on the present position with regard to Council’s application under the Healthy Communities Grant Program as raised previously.

Councillor Finn advised that round 3 closed shortly and noted that Council’s application for round 2 had been late and also that a previously requested workshop did not occur.

Group Manager Outcomes and Development noted that all Councillors were contacted individually in relation to the Grant, rather than a workshop being held, due to time constraints. In addition, the submission time for applications had been extended which meant that Council’s application had been submitted within the appropriate timeframes.

The Lord Mayor commented that the entire process of grants application needed to be reviewed and requested that a report be submitted providing advice on where Council had been successful and unsuccessful when applying for recent federal grants.

SUBJECT Large Explosion in Telopea Area

REFERENCE F2008/04592

FROM Councillor Michael McDermott

12612

Councillor McDermott noted that a large explosion had been heard in the Telopea area on Friday, 12 August 2011 at 6.49pm and requested that the Community Crime Prevention Officer provide a report to Council on this incident.

SUBJECT Steering Committee - CCTV Cameras

REFERENCE F2006/01346

FROM Councillor Andrew Bide

12613

Councillor Bide requested that a Steering Committee for the deployment and use of CCTV cameras be considered.

Councillor Bide further requested that an appropriate workshop be held on this issue, following which protocols be developed and submitted to Council via report.

The Lord Mayor noted the Safer Cities and Illegal Dumping Policy had been particularly successful.

SUBJECT Shade Structure - Binalong Park

REFERENCE F2008/04592

FROM Councillor Scott Lloyd

12614

Councillor Lloyd noted that he had previously requested advice on when the shade structure at the Children’s Playground at Binalong Park would be replaced.

As yet, Councillor Lloyd had not received a response and requested that this matter be followed up.

SUBJECT Financial Implications of Carbon Tax

REFERENCE F2008/03198

FROM Councillor Scott Lloyd

12615

Councillor Lloyd sought advice on the financial implications of the carbon tax on Council especially in regard to electricity costs and waste disposal.

Councillor Lloyd requested that a report be provided to the Chamber on this issue.

SUBJECT Relocation of Council's IT Department

REFERENCE F2008/04592

FROM Councillor Paul Garrard

12616

Councillor Garrard asked why the IT Department had moved from Darcy Street to the Connection Arcade.

Group Manager Corporate Services responded that the relocation had occurred for operational reasons as previously the IT Department had been split between locations. The initial feedback on the move had been positive.

Mr Smith added that this relocation also permitted the HR Department to be placed together on one level of Darcy Street.

Further, the relocation had also acted as a trial for when Council is required to move to its new facilities.

The Lord Mayor added that Council had also been unable to obtain a tenant for the Connection Arcade.

SUBJECT 80 Dunlop Street, Epping

REFERENCE P2005/01419

FROM Councillor Lorraine Wearne

12617

Councillor Wearne sought advice on the present position in relation to unauthorised works at 80 Dunlop Street, Epping, especially in relation to sewerage works and the failure to remove retaining walls.

Group Manager Outcomes and Development noted that the applicant had lodged a Section 96 application to address further amendments to the building design.

Ms Weatherley added that Council is currently working with the private certifier to ensure that all building works comply and regular inspections are being carried out.

Unfortunately, Council does not approve sewerage works but officers will carry out an inspection to ensure that the private certifier is across this issue.

It should also be noted that Orders have been reissued to ensure that the Private Certifier is aware of existing problems and updates in this respect are being provided to Council via the fortnightly legal matters report.

Ms Weatherly added that a copy of all recent notices issued for this property will be provided to Councillor Wearne, including the Order pertaining to the retaining wall.

SUBJECT Consultation with Park Committees

REFERENCE F2004/07802

FROM Councillor Lorraine Wearne

12618

Councillor Wearne sought advice on what process is in place with respect to consultation with park committees.

In particular, Councillor Wearne referred to a proposal to carry out works to the Cenotaph in Boronia Park , Epping, however, noted that the relevant park committee had not been consulted.

Further, it appeared that the proposed works at Boronia Park do not comply with the relevant master plan for the park.

The meeting terminated at 10.30 pm.

THIS PAGE AND THE PRECEDING 36 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON MONDAY, 22 AUGUST 2011 AND CONFIRMED ON MONDAY, 12 SEPTEMBER 2011.

Lord Mayor