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	SUBJECT          Minutes of the Council  Meeting held on 25 July 2011
	RESOLVED      (Esber/Elmore)
12539	That the minutes be taken as read and be accepted as a true record of the Meeting.

APOLOGIES

	RESOLVED      (Esber/Barber)
12540	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).
	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.

DECLARATIONS OF INTEREST

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

MINUTES OF THE LORD MAYOR

1	SUBJECT          Delegation to Lebanon, India and Bangladesh FROM                 The Lord Mayor, Councillor John Chedid
	RESOLVED      (Chedid/Maitra)
12541	(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.
	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.

PETITIONS

1	SUBJECT          Opposition to Development - Place of Public Worship - 65 and 68 McArthur Street, Guildford REFERENCE   DA/394/2011 FROM                 Local Residents
	RESOLVED      (Garrard/Bide)
12542	That the petition be received and the matters raised in the petition be considered in conjunction with the appropriate development application.

PUBLIC FORUM

1	SUBJECT          Development Application - 81 Buller Street, North Parramatta REFERENCE   DA/314/2011 FROM                 Kuna Sivasamy
	“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?”
12543	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”

2	SUBJECT          Development Application - 368 Victoria Road, Rydalmere REFERENCE   DA/223/2011 FROM                 Mr Danny Sarkis
12544	Note Public Forum 2 was withdrawn by Mr Sarkis.

Reports - Domestic Applications

8.1	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.
	RESOLVED      (Wearne/Wilson)
12545	(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.
	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

Reports - Major Applications

9.1	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.
	RESOLVED      (Esber/Lim)
12546	(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.
	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.

9.2	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.
	MOTION              (Maitra/Finn)
	That consideration of this matter be deferred for 2 weeks.
	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.
	The amendment was put and lost.
12547	The motion was put and carried.
	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.

9.3	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.
	RESOLVED      (Finn/Elmore)
12548	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.
	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.

9.4	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.
	RESOLVED      (Wearne/Bide)
12549	(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.
	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.

9.5	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.
	RESOLVED      (Garrard/Esber)
12550	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.
	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.

Notices of Motion

10.1	SUBJECT          Planning Proposal for Council Land - 21A Tucks Road Toongabbie REFERENCE   F2009/02710 - D02040920 REPORT OF     Councillor A Bide
	RESOLVED      (Bide/Lloyd)
12551	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.
	NOTE:       Councillor P Esber left the meeting at 8.12pm during consideration of this matter.

Economy and Development

11.1	SUBJECT          Variations to Standards under SEPP 1 REFERENCE   F2009/00431 - D02043607 REPORT OF     Manager Development Services
	RESOLVED      (Elmore/Garrard)
12552	That the report be received and noted.

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	SUBJECT          Affordable Housing SEPP REFERENCE   F2004/06029 FROM                 Councillor Lorraine Wearne
	RESOLVED      (Wearne/Garrard)
12554	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.

2	SUBJECT          Development of the Epping Town Centre REFERENCE   F2008/00404 FROM                 Councillor Lorraine Wearne
	RESOLVED      (Wearne/Wilson)
12555	(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.

RESUMPTION OF STANDING ORDERS

12556        RESOLVED      (Garrard/Lloyd)

That Standing Orders be resumed.

CLOSED SESSION
	RESOLVED      (Wearne/Wilson)
12557	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       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
	That the decisions of Closed Session be noted as follows:-

12.1	SUBJECT          Legal Matters Monthly Report to Council REFERENCE   F2004/07898 - D02043611 REPORT OF     Manager Development Services
	RESOLVED      (Lim/Wilson)
12558	That the report be received and noted.

QUESTION TIME

1	SUBJECT          First Granville Boys Scout Centenary REFERENCE   F2011/02274 FROM                 Councillor Glenn Elmore
12559	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.

2	SUBJECT          State of Artwork Along Grand Avenue, Camellia REFERENCE   F2005/01752 FROM                 Councillor Chiang Lim
12560	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.

3

SUBJECT          Proposed LEP 2010/2011 REFERENCE   F2010/02543 FROM                 Councillor Chiang Lim

12561

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.

4	SUBJECT          Appreciation to Staff REFERENCE   F2004/06745 FROM                 Councillor Andrew Bide
12562	Councillor Bide expressed his thanks to Council staff for their promptness in answering to his satisfaction a number of recently lodged service requests.

5	SUBJECT          Sun Shade at Binalong Park REFERENCE   F2004/07844 FROM                 Councillor Scott Lloyd
12563	Councillor Lloyd asked when the sun shade at Binalong Park Children’s Playground would be re-installed.

5	SUBJECT          Progress of Police Investigations REFERENCE   F2008/04592 FROM                 Councillor Paul Garrard
12564	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.

6	SUBJECT          Site Visit - 36-38 Victoria Road, Epping REFERENCE   P2006/05959 FROM                 Councillor Lorraine Wearne
12565	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).

7	SUBJECT          Operational Liaison Officer for Lachlan Macquarie Ward REFERENCE   F2006/00969 FROM                 Councillor Lorraine Wearne
12566	Councillor Wearne requested advice on the current Operational Liaison Officer for the Lachlan Macquarie Ward.

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