MINUTES OF THE Meeting
of Parramatta City Council HELD IN THE Council
Chamber, CIVIC PLACE, PARRAMATTA ON Monday,
8 August 2011 AT 6.47 pm
PRESENT
The
Lord Mayor, Councillor J Chedid in the Chair and Councillors P B Barber
(retired 8.39pm), A Bide, G J Elmore, P Esber, J D Finn, P J Garrard, C X Lim,
S D Lloyd, P K Maitra, , L E Wearne and A A Wilson (retired 8.30pm).
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
1
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SUBJECT Minutes
of the Council Meeting held on 25 July 2011
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RESOLVED (Esber/Elmore)
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12539
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That the
minutes be taken as read and be accepted as a true record of the Meeting.
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APOLOGIES
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RESOLVED (Esber/Barber)
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12540
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That an apology be
received and accepted for the absence of Councillors A
Issa, OAM MP, M A Lack and M D McDermott (Deputy Lord Mayor).
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NOTE: The Chamber noted the recent passing of a relative of
Councillor Issa and requested that the Office of the Lord Mayor send flowers
and condolences to Councillor Issa’s family.
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DECLARATIONS OF
INTEREST
There were no declarations of
interest at this Council (Development) Meeting.
MINUTES
OF THE LORD MAYOR
1
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SUBJECT Delegation
to Lebanon, India and Bangladesh
FROM The Lord Mayor,
Councillor John Chedid
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RESOLVED (Chedid/Maitra)
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12541
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(a) That Council receive and
note the report.
(b) That Council’s appreciation be expressed to Council
Officers, Helen Hughes and Mark Lewis, for their efforts in the organisation
of the delegation.
(c) Further, that those Community Members involved in
arranging meetings associated with the delegation be thanked for their
assistance.
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NOTE: 1 Councillor P J Garrard left the meeting at
6.49 pm and returned at 6.50pm during consideration of this matter.
2 Councillor P Esber left the meeting
at 6.59 pm and returned at 7.00 pm during this matter.
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PETITIONS
1
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SUBJECT Opposition
to Development - Place of Public
Worship - 65 and 68 McArthur Street, Guildford
REFERENCE DA/394/2011
FROM Local Residents
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RESOLVED (Garrard/Bide)
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12542
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That the petition be
received and the matters raised in the petition be considered in conjunction
with the appropriate development application.
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PUBLIC FORUM
1
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SUBJECT Development
Application - 81 Buller Street, North Parramatta
REFERENCE DA/314/2011
FROM Kuna Sivasamy
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“Proposed development 4
times townhouses at 81 Buller Street, North Parramatta (DA/314/2011) had been
recommended for refusal at the oncoming council meeting scheduled for 8
August 2011.
Question 1 Can’t Council consider granting deferred commencement
instead of refusal?”
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12543
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Response by Mr Mark Leotta,
Service Manager Development Assessment:-
“The design of this proposal is
not the primary reason for it being recommended for refusal. The design
issues may potentially be resolved through further discussions and design
amendments, although it is noted that fairly significant changes would be
required in respect of stormwater design. On this basis, a deferred
commencement condition is not recommended”
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2
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SUBJECT Development
Application - 368 Victoria Road, Rydalmere
REFERENCE DA/223/2011
FROM Mr Danny Sarkis
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12544
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Note
Public Forum 2 was withdrawn by Mr Sarkis.
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Reports - Domestic Applications
8.1
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SUBJECT 37 Kent Street, EPPING NSW 2121
(Lot 14 DP 6610) (Lachlan Macquarie Ward)
DESCRIPTION Tree removal, alterations
and additions to the existing dwelling, including a rear addition, carport
and timber decking to northern side of the dwelling.
REFERENCE DA/258/2011
- 28 April 2011
APPLICANT/S SWA Group
OWNERS S Y Wei and K H Wei
REPORT OF Manager
Development Services. Also Team Leader Development Assessment Team Memorandum
dated 8 August 2011.
REASON FOR
REFERRAL TO COUNCIL
The
matter is referred to Council due to the number of objections received.
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RESOLVED (Wearne/Wilson)
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12545
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(a) That Council,
as the consent authority, refuse development consent to development
application No. DA/258/2011 for the following reasons:-
1.
The application is inconsistent with an application for a single
dwelling and appears to create a boarding house which is an illegal use
without consent.
2.
That the proposal is an unsatisfactory design and outcome in relation
to the surrounding properties in the conservation zone.
3.
That the proposal has insufficient parking and onsite parking should
be provided by way of separate free standing garage at the rear of the
property with a substantial set back from the side boundary.
4.
That the proposal has an excessive amount of hard surface area which
is inconsistent with Council’s soft soil zones policy.
5.
The proposal creates unacceptable privacy and drainage impacts on the
next door dwelling at 39 Kent Street, Epping.
6. That the building does not comply with the consistent side setback
of the original dwelling.
7. That
application is not in the public’s interest.
(b)
Further, that the objectors be advised of Council’s decision.
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DIVISION The result being:
AYES The Lord Mayor, Councillor J Chedid and Councillors
P B Barber, A Bide, G J Elmore, P Esber, J D Finn,
P J Garrard, C X Lim, S D Lloyd, P K Maitra, L E Wearne and A A Wilson.
NOES None
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Reports - Major Applications
9.1
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SUBJECT 18 Ferndell Street, South Granville (Lot 36 DP 14788)
(Woodville Ward)
DESCRIPTION Section 96(AA) application
to modify Development Consent No. DA/485/2006 (brothel and swingers club).
The modifications include:
1. Deletion of conditions 35-37 that currently prohibit alcohol consumption
on the site;
2. Approval to allow patrons to bring their own alcohol to the premises;
3. Modification of condition 43 to allow an additional 3 sex workers (total
5) on the premises; and
4. Provision of 2 additional carparking spaces.
REFERENCE DA/485/2006/A
- Lodged 1 April 2011
APPLICANT/S Mr P Pedersen
OWNERS Mr P Pedersen and Mrs P
Pedersen
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 a brothel.
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RESOLVED (Esber/Lim)
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12546
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(a) That
Council as the consent authority, refuse development consent to Development
Application No. 485/2006/A for the following reasons:
1. The Plan of Management is inadequate by failing to
demonstrate the safe and secure operation of the business and the responsible
service of alcohol.
2. Alcohol consumption within the premises would contradict
the controls, aims and objectives of the Parramatta Development Control Plan
for Sex Services and Restricted Premises.
3. Alcohol consumption within the premises would affect the
safety and security of sex workers and patrons.
4. The proposed development would adversely impact the
amenity of the area.
5. The proposal is not in the public interest.
(b) Further,
that objectors be advised of Council’s decision.
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DIVISION The result being:
AYES The Lord Mayor, Councillor J Chedid and Councillors
P B Barber, A Bide, G J Elmore, P Esber, J D Finn,
P J Garrard, C X Lim, S D Lloyd, P K Maitra, L E Wearne and A A Wilson.
NOES None.
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9.2
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SUBJECT 81 Buller Street, North Parramatta (Lot B DP 311543) (Elizabeth Macarthur Ward)
DESCRIPTION Demolition of existing
dwelling and construction of multi-unit housing development comprising 4
townhouses with attics over basement carparking.
REFERENCE DA/314/2011
- 16 May 2011
APPLICANT/S D & C Consortium Pty
Limited
OWNERS K Tharumalingam & J
Kanapathipillai
REPORT OF Manager
Development Services. Also correspondence dated 4 August 2011 from K
Tharumalingam & J Kanapathipillai
REASON FOR
REFERRAL TO COUNCIL
The
application is brought to Council for determination due to the future down
zoning of the site to R2 Residential Zone under the Draft LEP 2010.
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MOTION (Maitra/Finn)
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That
consideration of this matter be deferred for 2 weeks.
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AMENDMENT (Wearne/Bide)
(a) That
Council as the consent authority refuse Development Application No. 314/2011
for demolition and construction of a multi-unit housing development
comprising 4 townhouses over basement parking at 81 Buller Street, North Parramatta for the following reasons:
1. The proposed
development is prohibited under the provisions of Draft Parramatta Local
Environmental Plan 2010, which is deemed to be imminent and certain.
2. The proposed
development is contrary to the public interest as it is inconsistent with the
current planning controls and the likely future character of the area.
3. The proposed
development is inconsistent with the aims and objectives of the Residential
2B zoning under Parramatta Local Environmental Plan 2001 having regard to the
streetscape presentation to Belmore and Buller Street.
4. The proposed
development is inconsistent with the requirements of Parramatta Development
Control Plan 2005. The development does not comply with the height, roof
design, disabled access, safety and security provisions contained within the
DCP.
5. The proposed
development would have a detrimental impact on two significant street trees
that make a positive contribution towards the streetscape of Buller Street .
6. The proposed
development does not comply with the stormwater drainage requirements of
Parramatta Development Control Plan 2005.
7. The proposal
is not in the public interest.
(b) Further,
that the objector be advised of Council’s decision.
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The amendment was put and lost.
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12547
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The motion was put and carried.
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DIVISION The result being:
AYES The Lord Mayor, Councillor J Chedid and Councillors
P B Barber, J D Finn, P J Garrard, C X Lim, P K
Maitra and A A Wilson.
NOES Councillors A Bide, G J
Elmore, P Esber, S D Lloyd and L E Wearne.
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9.3
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SUBJECT 32 George Street, Clyde
(Lot 1 DP 199892) (Elizabeth Macarthur Ward)
DESCRIPTION To use the premises as a
place of public worship.
REFERENCE DA/221/2011
- Submitted 13 April 2011
APPLICANT/S Holy Joy Bible Baptist Church
OWNERS Beachside Hotel Pty
Limited
REPORT OF Manager
Development Services. Also Development Assessment Officer Memorandum dated 4
August 2011.
REASON FOR REFERRAL TO COUNCIL
The application
has been referred to Council as it is a place of public worship.
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RESOLVED (Finn/Elmore)
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12548
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That Council as the consent
authority, grant development consent to Development Application No.
DA/221/2011 to use the premises as a place of public worship on land at 32 George Street, Clyde subject to the conditions contained within Attachment 1.
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DIVISION The result being:
AYES The Lord Mayor, Councillor J Chedid and Councillors
P B Barber, A Bide, G J Elmore, P Esber, J D Finn,
P J Garrard, C X Lim, S D Lloyd, P K Maitra, L E Wearne and A A Wilson.
NOES None.
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9.4
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SUBJECT 91-93 Isabella Street, North Parramatta
(Elizabeth Macarthur Ward) (Lots 10 & 11 DP 7727)
DESCRIPTION Demolition, tree removal
and construction of a 2 storey residential flat building comprising of 12
units over basement carparking under the provisions of SEPP (Affordable
Rental Housing) 2009.
REFERENCE DA/1024/2010
- 21 December 2010
APPLICANT/S C Konstandinidis
OWNERS A Konstandinidis
REPORT OF Manager
Development Services. Also Service Manager Development Assessment Services
Memorandum dated 5 August 2011. Also correspondence received from A
Konstandinidis on 8 August 2011.
REASON FOR
REFERRAL TO COUNCIL
The
application is referred to Council due to the number of submissions received.
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RESOLVED (Wearne/Bide)
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12549
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(a) That Council as the
consent authority refuse Development Application No. 1024/2010 for
demolition, tree removal and construction of a 2 storey residential flat
building comprising of 12 dwellings over basement car parking on land at 91-93 Isabella Street, North Parramatta 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)
SEPP (amended).
2 The proposed development does not satisfy the provisions
of the SEPP (Seniors Living) in regards to neighbourhood amenity and
streetscape and visual and acoustic privacy.
3 The proposed development is contrary to the aims and
objectives of the PLEP 2001 and Draft LEP 2010 as the proposed RFB is a
prohibited development under the current and future zoning of the site.
4 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.
5 The proposal is not in the public interest.
(b) Further, that the objectors and head petitioner be advised of Council’s
decision.
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DIVISION The result being:
AYES The Lord Mayor, Councillor J Chedid and Councillors
P B Barber, A Bide, G J Elmore, P Esber, J D Finn,
P J Garrard, C X Lim, S D Lloyd, P K Maitra, L E Wearne and A A Wilson.
NOES None.
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9.5
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SUBJECT 368 Victoria Road (cnr Myrtle Street), RYDALMERE
(Lot 1 DP 85031) (Elizabeth Macarthur Ward)
DESCRIPTION Demolition and construction
of 6 multi-unit dwellings under the Affordable Rental Housing SEPP.
REFERENCE DA/223/2011
- Lodged 14 April 2011
APPLICANT/S Ridge Designs
OWNERS Mrs D T Wing
REPORT OF Manager
Development Services Also Service Manager Development Assessment Services
Memorandum dated 5 August 2011.
REASON FOR
REFERRAL TO COUNCIL
The
application is referred to Council as the application proposes multi unit
housing under the Affordable Rental Housing SEPP.
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RESOLVED (Garrard/Esber)
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12550
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That
Council defer the application and request that the applicant and Council
staff seek to positively address the merits of the application given that Council
is of the view that the application is not out of character with the
streetscape of Victoria Road.
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DIVISION The result being:
AYES The Lord Mayor, Councillor J Chedid and Councillors
A Bide, P Esber, J D Finn, P J Garrard, S D Lloyd,
P K Maitra and L E Wearne.
NOES Councillors P B Barber, G
J Elmore, C X Lim and A A Wilson.
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Notices of Motion
10.1
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SUBJECT Planning
Proposal for Council Land - 21A Tucks Road Toongabbie
REFERENCE F2009/02710
- D02040920
REPORT OF Councillor
A Bide
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RESOLVED (Bide/Lloyd)
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12551
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That in regards to the Planning
Proposal for Council land considered by the Council on 23 May 2011, the
proposed zoning for 21A Tucks Road remain R2 and if the property were ever to
be disposed, the proceeds be quarantined in the Property Acquisition Fund for
the purpose of purchasing land or constructing a community building in the
Caroline Chisholm Ward.
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NOTE: Councillor P Esber left the meeting at 8.12pm during
consideration of this matter.
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Economy and Development
11.1
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SUBJECT Variations
to Standards under SEPP 1
REFERENCE F2009/00431
- D02043607
REPORT OF Manager
Development Services
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RESOLVED (Elmore/Garrard)
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12552
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That the
report be received and noted.
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SUSPENSION OF STANDING ORDERS
12553 RESOLVED (Wearne/
Wilson)
That Standing Orders be suspended to enable consideration to be
given to the following urgent matters:-
1 Affordable housing
SEPP
2 Epping Town Centre Plan
The Chairperson ruled
that the matters were urgent.
1
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SUBJECT Affordable
Housing SEPP
REFERENCE F2004/06029
FROM Councillor Lorraine Wearne
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RESOLVED (Wearne/Garrard)
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12554
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That
in order to define the term ‘character’
as highlighted by the State Government, Parramatta City Council apply the
provisions and controls of the Amended Affordable Rental Housing SEPP as made
on 20 May 2011 in the assessment and determination of all ‘infill’ and
‘boarding house’ development applications that were lodged prior to the
amendments coming into force ie 20 May 2011 where developments do not comply
with the proposed LEP 2011.
Note
Councillor P Esber returned to the meeting at 8.21pm
during consideration of this matter.
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2
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SUBJECT Development
of the Epping Town Centre
REFERENCE F2008/00404
FROM Councillor Lorraine Wearne
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RESOLVED (Wearne/Wilson)
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12555
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(a)
That the report be received and noted.
(b) That Council reaffirm it
commitment to the increased development potential of the Epping Town Centre
as contained in its adopted draft Parramatta LEP.
(c) That Council reaffirm its
commitment to seek the extension of the Heritage Conservation Areas and
additional heritage items in Epping in accordance with draft proposals which
have already undergone public consultation.
(d) That Council write to the
Premier, Minister for Planning and Infrastructure, Minister for Roads,
Minister for Transport and Chair of Infrastructure NSW, expressing its
concerns and seeking a commitment from the State Government to undertake
upgrades to the road network around Epping Town Centre and to alleviating the
longer term traffic problems relating to through traffic, before any further
increases in the density of development in the Epping Town Centre are
proposed.
(e) Further, that Council
agree to a further meeting of the Epping Town Centre Steering Committee.
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RESUMPTION OF STANDING ORDERS
12556 RESOLVED (Garrard/Lloyd)
That
Standing Orders be resumed.
CLOSED SESSION
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RESOLVED (Wearne/Wilson)
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12557
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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:-
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1 Legal Matters
Monthly Report to Council. (D02043611) - This report is confidential in
accordance with section 10A (2) (g) of the Local Government act 1993 as the
report contains advice concerning litigation, or advice that would otherwise be
privileged from production in legal proceedings on the ground of legal
professional privilege.
Note
Councillor A Wilson (8.30pm)
and Councillor P B Barber (8.39pm) retired from the meeting during Closed
Session.
RESUMPTION OF MEETING
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That the decisions
of Closed Session be noted as follows:-
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12.1
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SUBJECT Legal
Matters Monthly Report to Council
REFERENCE F2004/07898
- D02043611
REPORT OF Manager
Development Services
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RESOLVED (Lim/Wilson)
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12558
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That the
report be received and noted.
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QUESTION TIME
1
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SUBJECT First
Granville Boys Scout Centenary
REFERENCE F2011/02274
FROM Councillor Glenn
Elmore
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12559
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Councillor Elmore noted that
Ward Councillors would likely have received an invitation to attend the
centenary celebration for the First Granville Boys Scouts.
Councillor Elmore asked that
the Lord Mayor provide a suitable token to celebrate the event.
The Lord Mayor responded that an appropriate token would
be provided together with a response to the invitation.
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2
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SUBJECT State
of Artwork Along Grand Avenue, Camellia
REFERENCE F2005/01752
FROM Councillor Chiang
Lim
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12560
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Councillor
Lim requested that he be provided with an update on the state of the artwork
along Grand Avenue, Camellia, from the perspective of its repair.
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3
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SUBJECT Proposed
LEP 2010/2011
REFERENCE F2010/02543
FROM Councillor Chiang
Lim
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12561
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Councillor Lim requested that
an update be provided on the recent series of communiqué with the current NSW
Planning Minister, Parliamentary Counsel and the Department of Planning as to
what impediments exist or remain that prevent the gazettal of the proposed
LEP 2010/2011 which was originally anticipated by 30 June 2011.
The Lord Mayor advised that
contact had been made with the Minister and Department of Planning and it was
likely that Council would have to make further approaches.
The Chief Executive Officer
advised that he had held a recent meeting with the Department and it appeared
that there were no impediments to the gazettal, rather it was matter of
process within the Minister’s office.
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4
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SUBJECT Appreciation
to Staff
REFERENCE F2004/06745
FROM Councillor Andrew
Bide
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12562
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Councillor Bide expressed his
thanks to Council staff for their promptness in answering to his satisfaction
a number of recently lodged service requests.
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5
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SUBJECT Sun
Shade at Binalong Park
REFERENCE F2004/07844
FROM Councillor Scott
Lloyd
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12563
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Councillor Lloyd asked when the sun shade at Binalong Park
Children’s Playground would be re-installed.
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5
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SUBJECT Progress
of Police Investigations
REFERENCE F2008/04592
FROM Councillor Paul
Garrard
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12564
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Councillor
Garrard sought advice on what progress had been made in relation to the
Police investigation into the issue of leaks from the Office of the Lord
Mayor.
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6
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SUBJECT Site
Visit - 36-38 Victoria Road, Epping
REFERENCE P2006/05959
FROM Councillor Lorraine Wearne
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12565
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Councillor Wearne requested
that a site visit be arranged between interested Councillors, appropriate
Council staff and the Regency Apartments Executive Committee to discuss the
condition of the verge outside the apartments in Victoria Street as raised in
the letter from Regency Apartments dated 2 August 2011 (tabled at meeting).
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7
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SUBJECT Operational
Liaison Officer for Lachlan Macquarie Ward
REFERENCE F2006/00969
FROM Councillor Lorraine Wearne
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12566
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Councillor Wearne requested
advice on the current Operational Liaison Officer for the Lachlan Macquarie
Ward.
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The meeting terminated at 8.49 pm.
THIS
PAGE AND THE PRECEDING 13 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING
HELD ON MONDAY, 8 AUGUST 2011 AND CONFIRMED ON MONDAY, 22 AUGUST 2011.
Lord Mayor