Minutes of Council - 26 September 2011

MINUTES OF THE Meeting of Parramatta City Council HELD IN THE Council Chamber, CIVIC PLACE, PARRAMATTA ON Monday, 26 September 2011 AT 6.46pm

PRESENT

The Lord Mayor, Councillor J Chedid in the Chair and Councillors P B Barber (retired 11.06 pm), A Bide, G J Elmore, P Esber, J D Finn, P J Garrard (arrived 6.50 pm), A Issa, OAM MP, M A Lack, C X Lim, S D Lloyd, P K Maitra, M D McDermott (Deputy Lord Mayor), L E Wearne and A A Wilson (retired 10.31 pm).

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.

ACKNOWLEDGEMENT AND WELCOME TO THE CHAMBER

The Lord Mayor acknowledged and welcomed Dr Geoff Lee, MP, Chamber of Commerce representatives, members of the public and media 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 12 September 2011

RESOLVED (Barber/Maitra)

12655

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

DECLARATIONS OF INTEREST

1 Councillor A Issa, OAM MP declared a pecuniary interest in relation to Item 9.4 of Economy and Development regarding 35 Lansdowne Street, Merrylands as Councillor Issa is involved with the company which owns the property (Minute No. 12663 refers).

2 Councillor A Bide declared a pecuniary interest in relation to Item 9.7 of Economy and Development regarding 27 Hart Drive Constitution Hill as his mother and sister reside in this street (Minute No. 12666 refers).

3 Councillor J D Finn declared an interest in relation to Item 9.8 of Economy and Development regarding 58 O'Connell Street Parramatta as Councillor Finn’s employer would be a recipient of the proposed contribution (Minute No. 12668 refers).

MINUTES OF THE LORD MAYOR

1	SUBJECT Parramatta City Band's Centenary REFERENCE F2004/08773 FROM The Lord Mayor, Councillor John Chedid
	RESOLVED (Chedid/Wilson)
12656	That Council congratulates the current and former members of Parramatta City Band on the occasion of the Band’s centenary and for the Band’s contributions to the community throughout that period.
	NOTE: 1 The Lord Mayor made a suitable presentation to a representative of Parramatta City Band during consideration of the Lord Mayoral Minute. 2 Councillor P J Garrard arrived at the meeting at 6.50 pm during consideration of this matter.

PUBLIC FORUM

SUBJECT 4 Barangaroo Road Toongabbie

REFERENCE DA/997/2010

FROM Shahadat Chowdhury

Question 1

“One of the conditions of the approval includes a Flood Warning Alarm System. The condition states “a maintenance schedule to test the float switches and alarms every 3 months shall be included in the management plan”. The development will not be a large commercial building run by committed professionals. This small residential property will be managed by a few volunteers with limited skill, time and high turn over. So it is naïve to rely on ongoing compliance to this stringent condition over the life of the building (30 years?). Flood inundation of the basement will be very quick, deep (over 2m) and likely to cause fatality. In presence of this information, will the council be liable for allowing this risky development to proceed with unreasonable expectation that the high tech warning system will always be functional for next 30 years?

12657

RESPONSE

By Ms Louise Kerr – Manager Development Services:-

“1 Proposed condition No. 55 requires the applicant to prepare a ‘Flood Evacuation & Management Plan’ prior to the issue of a Construction Certificate. The Flood Evacuation Plan must be prepared by a suitably qualified engineering professional and must include a Flood Warning Alarm System for the basement carpark which must be tested every 3 months. It is the responsibility of the owner of the property, or body corporate (in the event the property is strata subdivided in the future) to ensure that the required 3 monthly testing and maintenance of the Flood Warning Alarm System is carried out.

In the event that the terms of the conditions of consent are not satisfied Council would enforce the non-compliance with the consent. This could include the issuing of Penalty Infringement Notices or prosecution.”

SUBJECT 27 Hart Street Constitution Hill

REFERENCE DA78/2011

FROM Warwick Stimson

“Good evening Mayor, Councillors, Staff .

I refer to development application 78/2011 at 27 Hart Drive, Constitution Hill. I am a town planning consultant and have been engaged by the proponent to independently advise on the merits of the proposal and to assist in the commencement of proceedings in the New South Wales Land and Environment Court.

In reviewing the proposal, I note the following aspects.

- The design being considered by Council for determination has been arrived at in collaboration with Council officers over a lengthy period of time.

- The proposal is a permissible form of development.

- The proposal complies with the provisions of the Affordable Rental Housing SEPP, including the recently introduced ‘character test’.

- The proposal is visually compatible with the local context in terms of its bulk and scale.

- The proposed development is not contrary to the objectives of the current zone and is not inconsistent with the provisions of the LEP in so far as they apply.

- The proposal is generally consistent with the applicable provisions of the DCP.

- Without doubt there is a positive public interest that arises as a result of supporting the application through the provision of much needed affordable housing in the Parramatta area.

Most importantly it is noted that the application has been thoroughly considered by Council’s officers and is recommended for approval.

In the event the matter is refused by Council, we have instructions to assist in the preparation of an immediate appeal to the New South Wales Land and Environment Court.

In our opinion, and based on the matters listed above and the detail provided in the Council officer’s report, the merits of the development application and the proposed development are strong. We believe that there would be positive chances of success were the appeal lodged.

However we trust that in light of the above and the points I have discussed this evening and the report before you tonight, the matter will be considered in line with the recommendations in the report.

We have detailed this position in a formal letter to Council’s General Manager and also formally tender that letter to Councillors this evening.

Thank you for your time.”

Rescission Motions

8.1	SUBJECT Proposed listing of Lake Parramatta Dam Wall and St Patrick’s Roman Catholic Cemetery on NSW State Heritage Register REFERENCE F2011/00862 - D02100638 REPORT OF N/A
	RESOLVED (Finn/Elmore)
12658	That the resolution of the Council Meeting held on 12 September 2011, regarding Proposed listing of Lake Parramatta Dam Wall and St Patrick’s Roman Catholic Cemetery on NSW State Heritage Register namely:- “That Parramatta City Council support the Heritage Council’s proposal to list St Patrick’s Roman Catholic Cemetery on the NSW State Heritage Register.” be and is hereby rescinded.
	RESOLVED (Finn/McDermott)
12659	That Parramatta City Council support the Heritage Council’s proposal to list Lake Parramatta Dam Wall and St Patrick’s Roman Catholic Cemetery on the NSW State Heritage Register.

Economy and Development

9.1	SUBJECT 27A, 31, 33 & 35 Louis Street, Granville (Woodville Ward) DESCRIPTION Construction of a 2-storey affordable housing development consisting of 44 dwellings over a basement carpark REFERENCE DA/111/2011 - 4 March 2011 APPLICANT/S Designcorp Australia Pty Limited OWNERS Finiqs Pty Limited & Pingola Pty Ltd REPORT OF Manager Development Services REASON FOR REFERRAL TO COUNCIL This application has been brought to Council for determination due to the number of submissions received and the nature of the development (affordable rental housing under the Affordable Rental Housing SEPP).
	MOTION (Barber/Wilson)
	(a) That Development Application No. 111/2011 for demolition, tree removal and construction of affordable housing development containing 44 dwellings on land at 27A, 31, 33 and 35 Louis Street, Granville be refused for the following reasons: 1. The proposed development is prohibited under the SEPP (Affordable Rental Housing) 2009, as the proposal is for Residential Flat Buildings in a Residential 2(a) zone under the LEP 2001 which prohibits residential flat buildings. 2. The proposed development fails to satisfy the character test provisions under the SEPP (Affordable Rental Housing) 2009, as the proposal results in a physical impact on surrounding properties and is not in harmony with the current single dwelling built form character of the street. 3. The proposed development fails to satisfy the design requirements under clause 15 of the SEPP (Affordable Rental Housing) 2009. 4. The proposed development is contrary to the aims and objectives of the Residential 2(a) zone, as the proposal is for residential flat buildings which are prohibited within the zone. 5. The proposed development is contrary to the aims and objectives of the R3 Medium Density Zone, as the proposal is for residential flat buildings which are prohibited within the proposed R3 Medium Density zone of the Draft LEP 2010. 6. The proposed development fails to provide sufficient solar access to living rooms and private open spaces for a minimum of 3 hours between 9am and 3pm in mid-winter to 70 percent of the proposed dwellings. 7. The proposed building separation of the development fails to comply with the Parramatta DCP 2005. The current building separation between habitable rooms of the units is 5-7m instead of the required 12 metres between habitable rooms. 8. The building provides insufficient setbacks, amenity, privacy and poor building design resulting in unacceptably poor amenity impacts for future inhabitants. The designed layout of the development is primarily a function of the non compliance with design requirements in the Parramatta DCP 2005. 9. The proposed development fails to address the provision of the Parramatta Local Floodplain Risk Management Policy, in particular, in relation to evacuation and flood awareness issues. 10. The stormwater modelling submitted with the development application fails to clearly identify that the proposed flood storage will be effective for the full range of flood events up to the 1% Average Recurrence Interval event. 11. The development application has failed to provide adequate information that would enable a proper assessment of the impacts of the development, particularly an assessment of how the roof and surface stormwater from the site will be disposed. 12. The proposed development is not in the public interest. (b) Further, that the objectors and head petitioner be advised of Council’s decision.
	AMENDMENT (Issa/Chedid) That the development application be approved subject to the following conditions:- 1. That the proponent submits to Council a copy of the signed contract between the proponent and the Community Housing Provider who will be managing the affordable housing dwellings, prior to the issue of a certification certificate for the development. 2. That 22 affordable housing dwellings (as required under the ARH SEPP 2009) be identified and numbered on the plan. 3. That the affordable dwellings be registered on the Strata Plan. 4. That Council staff liaise with the appointed CHO to ensure that the affordable housing allocation process is compatible with existing community need. 5. That Council is notified on the day that the occupancy certification is issued (this in turn will be considered as the day that the affordable housing 10 year dedication period commences). The amendment was put and lost.
12660	The motion was put and carried.
	DIVISION The result being: AYES Councillors P B Barber, A Bide, G J Elmore, J D Finn, P J Garrard, M A Lack, C X Lim, S D Lloyd, P K Maitra, M D McDermott, L E Wearne and A A Wilson. NOES The Lord Mayor, Councillor J Chedid and Councillors P Esber and A Issa, OAM MP.

9.2	SUBJECT 216 Windsor Road, Winston Hills (Lot 1 DP 194658) (Caroline Chisholm Ward) DESCRIPTION Demolition, tree removal and construction of 7 townhouses and 4 residential apartments over basement carparking under the Affordable Rental Housing SEPP 2009. REFERENCE DA/326/2011 - 18 May 2011 APPLICANT/S GM Architects OWNERS Fieraco International Pty Limited REPORT OF Manager Development Services. Also Team Leader\| Development Advisory Team Memorandum dated 26 September 2011. REASON FOR REFERRAL TO COUNCIL This application is brought to Council for determination due to the number of submissions received and that the application is made under the Affordable Rental Housing SEPP.
	RESOLVED (Barber/Lloyd)
12661	(a) That Development Application No. 326/2011 for tree removal and construction of a multi unit housing complex comprising of 7 x 3 bedroom townhouses and 4 x 2 bedroom units on land at No. 216 Windsor Road, Winston Hills be refused for the following reasons: 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 proposed development does not satisfy the provisions of 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 2011 as the proposed townhouse complex 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, private open space, visual and acoustic privacy 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 determination of the application.
	DIVISION The result being: AYES The Lord Mayor, Councillor J Chedid and Councillors P B Barber, A Bide, G J Elmore, P Esber, J D Finn, P J Garrard, A Issa, OAM MP, M A Lack, C X Lim, S D Lloyd, P K Maitra, M D McDermott, L E Wearne and A A Wilson. NOES None.

9.3	SUBJECT 116 Midson Road, Epping (Lot 9 DP 6837) (Lachlan Macquarie Ward) DESCRIPTION Demolition, tree removal and construction of 5 x 2 storey attached townhouses under the Affordable Rental Housing SEPP. REFERENCE DA/136/2011 - 16 March 2011 APPLICANT/S Glendinning Minto and Associates Pty Ltd OWNERS Ms Y X Huang and S M Lei 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 then umber of submissions received.
	RESOLVED (Lim/Wearne)
12662	(a) That Council as the consent authority refuse Development Application No. 136/2011 for demolition, tree removal and construction of a 5 x 2 storey attached townhouses under the Affordable Rental Housing SEPP on land at 116 Midson Road, Epping 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 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, 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 deep soil, landscaping, side setback, rear setback, carparking, building form and massing, and, visual and acoustic privacy requirements of Parramatta DCP 2005. 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. 7. 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, C X Lim, S D Lloyd, P K Maitra, M D McDermott, L E Wearne and A A Wilson. NOES None.

9.4

SUBJECT 35 Lansdowne Street, Merrylands (Lot 1 HCP 136) (Woodville Ward)

DESCRIPTION Section 96(1A) application to modify Development Consent No. 1940/2003

REFERENCE DA/1940/2003/C - 2 August 2011

APPLICANT/S F Monzer

OWNERS Issa Holdings Pty Ltd

REPORT OF Manager Development Services

MOTION (Bide/Lim)

(a) That Council as the consent authority modify development consent No 1940/2003 in the following manner:-

Amending the development consent, Schedule 2 –General Matters, Condition 1, to read as follows;

1. The development is to be carried out in compliance with the following plans and documentation listed below and endorsed with Council’s stamp, except where amended by other conditions of this consent:

Drawing N^o	Dated
Site Plan by Hans Waldmann & Associates	October 2003
Floor Plans (Basement & Ground Floor) by Hans Waldmann & Associates, Amendment A	15 June 2003
Elevations and sections Amended Plan Nos. 2133 CC-05-E to 2133 CC-08-E inclusive by Inside Out Design group Pty Ltd	24 March 2006
Landscape Plan by Precinct Landscapes	3 August 2004
Landscape Works Plan	10 November 2004
Stormwater Concept Plan by MM Farah, Sheets 1 & 2	27 May 2003

Document(s)	Dated
Statement of Environmental Effects by Jacob Yammine
Schedule of Finishes by Hans Waldmann & Associates	Undated
Waste Management Plans by Hans Waldmann & Associates
Arborist Report by MacKay Tree Management	9 July 2004

(b) Further, that as the works have been carried out without prior planning approval, that the matter be referred to Council’s Development Control Team for investigation including the possible issue of a Penalty Infringement Notice.

AMENDMENT (Barber/Esber)

(a) That Council as the consent authority modify development consent No 1940/2003 in the following manner:-

Amending the development consent, Schedule 2 –General Matters, Condition 1, to read as follows;

Drawing N^o	Dated
Site Plan by Hans Waldmann & Associates	October 2003
Floor Plans (Basement & Ground Floor) by Hans Waldmann & Associates, Amendment A	15 June 2003
Elevations and sections Amended Plan Nos. 2133 CC-05-E to 2133 CC-08-E inclusive by Inside Out Design group Pty Ltd	24 March 2006
Landscape Plan by Precinct Landscapes	3 August 2004
Landscape Works Plan	10 November 2004
Stormwater Concept Plan by MM Farah, Sheets 1 & 2	27 May 2003

Document(s)	Dated
Statement of Environmental Effects by Jacob Yammine
Schedule of Finishes by Hans Waldmann & Associates	Undated
Waste Management Plans by Hans Waldmann & Associates
Arborist Report by MacKay Tree Management	9 July 2004

The amendment was put and lost.

12663

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

NOES None.

NOTE: Councillor A Issa OAM MP declared an interest as he is involved with the company that owns the subject site and temporarily retired from the meeting during consideration and voting on this matter.

9.5	SUBJECT 4 Barangaroo Road, TOONGABBIE NSW 2146 Lot 22 DP 571264 (Caroline Chisholm Ward) DESCRIPTION Demolition and construction of a 2 storey residential flat building under the Affordable Rental Housing SEPP containing 12 apartments over basement carparking with access from Barangaroo Road. REFERENCE DA/997/2010 - 10 December 2010 APPLICANT/S Design Developments NSW Pty Limited OWNERS Design Developments NSW Pty Limited 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 submission received.
	MOTION (Lloyd/Wearne)
	That the application be refused on the following grounds:- 1. The possible contamination of the soil. 2. Flooding issues associated with underground car parking. 3. The proposal does not fit in with the local amenity. 4. The proposal is contrary to the aims and objectives of the future R2 zone as a residential flat building is prohibited in the low density zone. 5. The proposal is a significant overdevelopment of the site at an FSR of 0.65 to 1. 6. The proposal is not in the public’s interest.
	AMENDMENT (Esber/Issa, OAM MP)
	(a) That Council as the consent authority grant deferred development consent to Development Application No. 997/2010 for the demolition and construction of a 2 storey residential flat building under the Affordable Rental Housing SEPP containing 12 apartments over basement carparking with access from Barangaroo Road at 4 Barangaroo Road, Toongabbie subject to the conditions contained within Attachment 1. (b) Further, that Council advise the objectors and head petitioner of Council’s decision.
12664	The amendment was put and carried and on being put as the motion was again 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 and P K Maitra. NOES Councillors P B Barber, A Bide, C X Lim, S D Lloyd, M D McDermott, L E Wearne and A A Wilson.

9.6	SUBJECT Further Report - 46 Hassall Street, Parramatta (Lot 11 Sec 3 DP 192710) (Elizabeth Macarthur Ward) DESCRIPTION Construction of a Boarding House REFERENCE DA/870/2010 - 29 October 2010 APPLICANT/S Nigel White OWNERS B & K Patel REPORT OF Manager Development Services REASON FOR REFERRAL TO COUNCIL This application is referred to Council as it proposes a Boarding House and due to the number of submissions received.
	RESOLVED (Bide/McDermott)
12665	That the application be refused on the following grounds:- 1. Insufficient parking provided for a boarding house development. 2. The submitted management plan is inadequate. 3. The proposal does not comply with Harris Park DCP 2002 for the design of new development. 4. The proposal is not in the public interest.
	DIVISION The result being: AYES The Lord Mayor, Councillor J Chedid and Councillors P B Barber, A Bide, G J Elmore, P Esber, J D Finn, P J Garrard, A Issa, OAM MP, M A Lack, C X Lim, S D Lloyd, P K Maitra, M D McDermott, L E Wearne and A A Wilson. NOES None.

9.7	SUBJECT 27 Hart Drive Constitution Hill (LOT 6 DP 12452) (Arthur Phillip Ward) DESCRIPTION Demolition, tree removal and construction of a 2 storey residential flat building containing six units under the provisions of SEPP affordable Rental Housing SEPP 2009) with Strata Subdivision. REFERENCE DA/78/2011 - Lodged 21 February 2011 APPLICANT/S Mr Hilendra Jagdale OWNERS Mr Hilendra Jagdale and Mrs Jyoti Jagdale REPORT OF Manager Development Services. Also Team Leader\| Development Advisory Team Memorandum dated 26 September 2011. REASON FOR REFERRAL TO COUNCIL The application is referred to Council as the proposal relates to a development made under the Affordable Rental Housing SEPP. The report was also deferred from the Council Meeting held on 12 September 2011.
	RESOLVED (Lim/Lloyd)
12666	(a) That Development Application No. DA/78/2011 for demolition, tree removal and construction of a 2 storey residential flat building containing six units under the provisions of Affordable Rental Housing SEPP 2009 with Strata Subdivision be refused for the following reasons: 1 The proposed development is prohibited under the Clause 10(1) of SEPP (Affordable Rental Housing) 2009, as the proposal is for Residential Flat Buildings in a Residential 2(a) zone under the current LEP 2001 which prohibits residential flat buildings. 2 The proposed development is contrary to the aims and objectives of the current Residential 2(a) zone, as the proposal is for residential flat buildings which are prohibited within the zone. 3 The proposed development is contrary to the aims and objectives of the future R2 Low Density Residential Zone, as the proposal is for residential flat buildings which are prohibited within the proposed R2 Low Density Residential Zone of the Draft LEP 2011. 4 The proposed development does not adequately address its impact on pre-existing traffic conditions and the pre-existing high use of on-street car parking, the future residents' ingress and egress between the property and Mahony Road, and also between Hart Drive and Mahony Road, Wentworthville. 5 The proposed development of six units with a proposed FSR of 0.54:1 has not sufficiently detailed the level of social and humanity amenity in order to support the future number of residents (potentially between 6 and 16 people). 6 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, G J Elmore, P Esber, J D Finn, P J Garrard, C X Lim, S D Lloyd, P K Maitra, M D McDermott, L E Wearne and A A Wilson. NOES Councillors A Issa, OAM, MP and M A Lack.
	NOTE: 1 Councillor P Esber left the meeting at 8.14 pm and returned at 8.22 pm during consideration of this matter. 2 Councillor A Bide declared a pecuniary interest as his mother and sister reside in the street and temporarily retired from the meeting during consideration and voting on this matter.

ADJOURNMENT OF MEETING

In accordance with Council's decision of 23 October 2000 (Minute No 5712) the meeting adjourned at 8.31 pm for a period of 22 minutes.

RESUMPTION OF MEETING

The meeting resumed in the Council Chamber at 8.53 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, C X Lim, S D Lloyd, M D McDermott, P K Maitra, L E Wearne and A A Wilson.

LIMITATION ON NUMBER OF SPEAKERS

12667 RESOLVED (Esber/Lack)

That 2 speakers for and 2 speakers against be accepted for each item remaining on the agenda with the exception of Notices of Motion.

9.8	SUBJECT 58 O'Connell Street Parramatta Lot 1 DP 900803( Arthur Phillip Ward) DESCRIPTION Strata subdivision of an existing residential flat building containing 10 units. REFERENCE DA/174/2011 - APPLICANT/S Classy Business Pty Ltd OWNERS Classy Business Pty Ltd REPORT OF Manager Development Services. Confidential Memorandum dated 26 September 2011 circulated under separate cover to all Councillors. REASON FOR REFERRAL TO COUNCIL The proposal is being referred to Council as a policy position is required due to a condition of consent recommending the applicant to make a contribution of $95,760 for the loss of a affordable housing arising from the Strata subdivision of the Residential Flat Building in accordance with Clause 50 Affordable Rental Housing SPP. This is the first application where this provision is relevant. The report was also deferred from the Council Meeting held on 12 September 2011 framing possible grounds of refusal for the application.
	MOTION (Elmore/Issa)
	That the Council as the consent authority approve Development application no. 174/2011 for the Strata subdivision of an existing Residential Flat Building containing 10 units, including the contribution of $96,750 under Affordable Rental Housing SEPP as per the Section 79 C report attached.
	AMENDMENT (Bide/Wilson)
	(a) That the application be refused as the strata subdivision of the existing residential flat building will result in loss of affordable housing in the Parramatta Local Government Area and this is not in the public interest. (b) Further, that staff explore the opportunities for rezoning the immediate area.
	FORESHADOWED AMENDMENT (Esber/Lim)
	That consideration of the matter be deferred pending further discussions with the applicant.
	The amendment was put and lost.
12668	The foreshadowed amendment became the amendment and was put and carried and on being put as the motion was again carried.
	NOTE: 1. Councillor J D Finn declared an interest as her employer would be the recipient of the proposed contribution and temporarily retired from the meeting during consideration and voting on this matter.
	2. The Lord Mayor acknowledged Councillor Vasee Rajadurai from Holroyd City Council who was present in the Chamber.

9.9

SUBJECT 330 Church Street, PARRAMATTA NSW 2150
(Lot 101 DP 1031459 and Lots 2 & 3 DP 788637)
(Arthur Phillip Ward)

DESCRIPTION Part 3A of Environmental Planning and Assessment Act 1979 - Mixed Use Residential, Retail & Commercial

REFERENCE NCA/23/2010 - 4 November 2011

APPLICANT/S Meriton Apartments Pty Ltd

OWNERS Parramatta Site Developments Pty Limited

REPORT OF Manager Development Services. Also Development Assessment Officer Memorandum dated 26 September 2011.

REASON FOR REFERRAL TO COUNCIL

To seek Council’s endorsement of a submission to the Director General of the Department of Planning on the project application for demolition and construction of a mixed use residential, retail and commercial development with basement car parking. The new building complex will involve a podium level, 2 tower buildings and 4 basement levels of car parking.

The application is made under Schedule 3 of State Environmental Planning Policy (Major Development) 2005. Under Part 3 A of the Environmental Planning an Assessment Act 1979, the proposal is declare as a Major Project and the Minister for Planning is the Consent Authority for the above project.

RESOLVED (Esber/Lim)

12669

That Council endorse the submission made by Council staff provided under separate cover subject to the submission also drawing attention to the heritage issues relative to the site.

9.10

SUBJECT Amendment to Notifications DCP

REFERENCE F2004/06278 - D02092679

REPORT OF Manager Development Services

RESOLVED (Wearne/Lack)

12670

(a) That Council endorse the proposed amendment to the Parramatta Notification DCP as identified in Attachment 1.

(b) That Council endorse the proposed amendment to appendix 5 (Notification Procedures) of draft Parramatta DCP 20011 (in particular part 5.5.11).

(c) Further, that the Christmas Notification Period be for a period of 3 weeks commencing at the start of the NSW Public School Holidays and concluding no earlier than 5 January.

9.11

SUBJECT Railway Terrace Merrylands

REFERENCE F2010/02741 - D02047227

REPORT OF Manager - Strategic Assets and Property Management

RESOLVED (Lim/Elmore)

12671

(a) That Council resolve to close permanently part of Railway Terrace Merrylands as shown on the plan at Attachment 2 (subject to survey) and apply to the Land and Property Management Authority for formal road closure.

(b) That Council resolve to classify the subject land to operational upon formal road closure.

(c) Further, that the Lord Mayor and Chief Executive Officer be authorised to execute under seal the linen plan, Section 88B instrument, transfer granting easement and deed of agreement if required for road closure and sale negotiation.

9.12	SUBJECT Major Events Spring and Summer Program 2011/2012 REFERENCE F2004/09860 - D02097741 REPORT OF Service Manager. Major Events
	MOTION (Lim/Bide)
	(a) That two additional strategic objectives for Major Events be adopted by Council: i Support and enhance tourism initiatives: to attract first time visitors, to influence the visitor experience (Enhance Visitation) ii Promote Parramatta as a positive and vibrant city of events: a great place to live, work and play (Change Reputation). (b) That requests for support by Council from external event providers be assessed as outlined in this report and applying the categories of Sponsorship, Capacity Building, Donations and Strategic Outcomes and Partnerships. (c) That the Major Events Spring and Summer program for 2011/12 be delivered with modifications to the program including the Christmas Concert, Christmas Lights competition and New Years Eve celebration and Australia Day event as outlined in this report. (d) Further, that that, as part of Council’s quarterly review and reporting process, Councillors be provided with a report on events held in the preceding three months, including an evaluation of the performance of each event against agreed measures and a list of proposed activities for the proceeding three months.
	AMENDMENT (Maitra/Esber)
	(a) That two additional strategic objectives for Major Events be adopted by Council: i Support and enhance tourism initiatives: to attract first time visitors, to influence the visitor experience (Enhance Visitation) ii Promote Parramatta as a positive and vibrant city of events: a great place to live, work and play (Change Reputation). (b) That requests for support by Council from external event providers be assessed as outlined in this report and applying the categories of Sponsorship, Capacity Building, Donations and Strategic Outcomes and Partnerships. (c) That the Major Events Spring and Summer program for 2011/12 be delivered with modifications to the program including the Christmas Concert, Christmas Lights competition and New Years Eve celebration and Australia Day event as outlined in this report and subject to part (e) and (f) below. (d) That as part of Council’s quarterly review and reporting process, Councillors be provided with a report on events held in the preceding three months, including an evaluation of the performance of each event against agreed measures and a list of proposed activities for the proceeding three months. (e) That Council retain the New Year Festival at the river foreshore location subject to a grant being received from the State Government or the receipt of sponsorship money. Otherwise, Council not proceed with the Winterlights Festival and retain the New Years Festival in its original form at Prince Alfred Park. (f) That Council retain the Lunar New Year Festival as it is not a big budget festival and celebrates diversity. (g) Further, that necessary funding be provided for the iconic Australia Day event.
	The amendment was put and lost.
12672	The motion was put and carried.
	NOTE: During discussion on this matter but not during voting, the Deputy Lord Mayor, Councillor M McDermott assumed the Chair to enable the Lord Mayor, Councillor J Chedid, to participate in debate on this issue.

9.13	SUBJECT Sydney Festival 2012 REFERENCE F2011/02296 - D02094152 REPORT OF Manager City Culture, Tourism and Recreation
	RESOLVED (Wilson/Issa OAM)
12673	(a) That Council receive and note the information contained within this report; (b) That Council endorse the draft Memorandum of Understanding between Sydney Festival and the Council for the purpose of delivering an enhanced Sydney Festival engagement for Parramatta; (c) That Council give in-principle commitment to the direct cash investment by Council in the Festival as detailed in the body of this report. (d) That Council delegates to the Chief Executive Officer authority to negotiate and enter into (on behalf of the Council) a binding sponsorship in terms of the MOU between Sydney Festival and the Council. (e) That Council formally thank those staff involved in this issue. (f) Further, that Council also write to the State Government expressing appreciation for the initial funding.
	NOTE: Councillor M D McDermott left the meeting at 9.45 pm and returned at 9.46 pm during consideration of this matter.

9.14

SUBJECT Heritage Advisory Committee for August 2011

REFERENCE F2005/01945 - D02097600

REPORT OF Project Officer - Land Use Planning

RESOLVED (Esber/Wearne)

12674

That the minutes of the Heritage Advisory Committee meeting of 17 August 2011 be received and noted.

9.15

SUBJECT Supporting the Parramatta Chamber of Commerce Centenary (100% Parramatta)

REFERENCE F2006/00306 - D02097745

REPORT OF Business and Development Manager. Economic Development

RESOLVED (Wearne/Maitra)

12675

That Council approve a $20,000 contribution to support the proposal from the Parramatta Chamber of Commerce attached.

9.16

SUBJECT Big Ideas for Parramatta and the Region

REFERENCE F2011/01154 - D02097803

REPORT OF Manager. City Strategy Unit

RESOLVED (Esber/Wilson)

12676

(a) That the report be received and noted.

(b) That the ideas continue to be developed and discussed with key stakeholders to seek potential partners and funding opportunities for individual projects that underpin the concepts.

9.17

SUBJECT Riverside Advisory Board

REFERENCE F2007/00388 - D02097650

REPORT OF Director Riverside Theatre

RESOLVED (Issa OAM/Bide)

12677

(a) That Council adopt the revised Terms of Reference for the Riverside Theatres Advisory Board.

(b) That the current terms of the community (general) members of the fourth Riverside Theatres Advisory Board be extended to 31 December, 2011.

(d) Further, that Council receives and notes the timetable for the recruitment and appointment of the fifth Riverside Advisory Board.

Environment and Infrastructure

10.1

SUBJECT Parramatta Stadium Draft Master Plan

REFERENCE F2011/00061 - D02091641

REPORT OF Manager City Culture, Tourism and Recreation

RESOLVED (Esber/Bide)

12678

(a) That Council give its in-principle support to the Draft Master Plan for Parramatta Stadium that has been developed by the Parramatta Stadium Trust;

(b) That Council encourages the Parramatta Stadium Trust and State Government to consider a broader range of complementary activities at the Stadium;

(c) That the in-principle support be offered with the recognition of the Trust’s commitment to formally consult with Council on all issues that relate to Council’s interest in the development and potential impacts on Council assets, services and strategies as the Pgrlan is further developed; and

(d) Further, that Council’s in-principle support be communicated to the Parramatta Stadium Trust.

10.2

SUBJECT North West Rail Link Submission

REFERENCE F2006/00716 - D02094725

REPORT OF Senior Project Officer - Transport Planning

RESOLVED (Wilson/Bide)

12679

(a) That Council adopts the submission (Attachment 1) to State Government on the North West Rail Link Project Overview.

(b) That Council continues to lobby for the Parramatta Epping Rail Link to support the growth of the city.

(c) Further, that officers continue to update Council on the development of railway projects impacting on Parramatta as required.

10.3	SUBJECT Parramatta City Centre Car Parking Strategy REFERENCE F2011/02758 - D02095600 REPORT OF Senior Project Officer - Transport Planning
	RESOLVED (Esber/Elmore)
12680	(a) That Council adopts the Parramatta City Centre Car Parking Strategy (Attachment 1) as a reference document. (b) Further, that Council allocates $100,000 (Development Contributions Plan) funding in 2011/12 to begin implementing the recommendations of the Strategy (Attachment 2).
	NOTE: 1 Councillor P Esber left the meeting at 10.02 pm and returned at 10.04 pm during consideration of this matter. 2 Councillor P B Barber left the meeting at 10.13 pm during consideration of this matter. 3 Councillor A A Wilson requested his name be recorded as having voted against this resolution.

10.4	SUBJECT Parramatta Cycleway Advisory Committee REFERENCE F2004/07952 - D02096183 REPORT OF Project Officer
	RESOLVED (Finn/Elmore)
12681	That Council receive and note the minutes of the Parramatta Cycleway Advisory Committee meetings held on 7 June and 2 August 2011.
	NOTE: Councillor P B Barber returned to the meeting at 10.18 pm during consideration of this matter.

10.5

SUBJECT East Coast High Speed Rail Study

REFERENCE F2005/02301 - D02098289

REPORT OF Senior Project Officer - Transport Planning

RESOLVED (Bide/Issa OAM MP)

12682

(a) That Council adopts the submission (Attachment 1) to Federal Government on Phase 1 of the High Speed Rail Study supporting a station at Parramatta with a fast east-west rail service (Western FastRail/Metro) to connect the Sydney metropolitan region.

(b) Further, that Council officers continue to keep Councillors informed of Federal Government’s High Speed Rail Study.

Community and Neighbourhood

11.1

SUBJECT Path between 7-9 and 9-11Manson Street Telopea

REFERENCE F2006/00231 - D02080925

REPORT OF Manager - Strategic Assets and Property Management

RESOLVED (Esber/Issa OAM)

12683

That consideration to name the path adjoining 7-9 Manson Street Telopea is to be deferred until details of the redevelopment of the Housing NSW site at 14 Sturt Street Telopea where the path leads to become available to determine the need for the path.

11.2	SUBJECT Naming of an Unnamed Basketball Court REFERENCE F2005/00989 - D02083148 REPORT OF Service Manager Recreation Facilities and Programs
	RESOLVED (Lack/McDermott)
12684	(a) That the unnamed basketball court at the Granville Youth and Community Recreation Centre be named the “Thomas Ater” Basketball Court; and (b) Further, that the installation of the signposting and interpretive signage be in accordance with Council’s Memorials and Commemorative Works Policy and a small reception be held to mark the occasion with Councillors being invited to attend.
	NOTE: Councillor L E Wearne left the meeting at 10.27 pm during consideration of this matter.

11.3

SUBJECT Access Advisory Committee Minutes 16 August 2011

REFERENCE F2005/01944 - D02085318

REPORT OF Community Capacity Building Officer. Community Capacity Building

RESOLVED (Bide/Esber)

12685

That the minutes of the Access Advisory Committee meeting on 16 August 2011 (Attachment 1) be received and noted.

Governance and Corporate

12.1

SUBJECT Local Government Elections - Possibility of Conducting Future Elections In-House

REFERENCE F2004/08772 - D02009266

REPORT OF Group Manager- Corporate

RESOLVED (Bide/Elmore)

12686

That Council advise the NSW Electoral Commission by 30 November 2011 that it wishes the Commission to conduct the 2012 Local Government Election subject to negotiating a satisfactory agreement.

12.2

SUBJECT 2011 Australian Public Sector Anti-Corruption Conference (APSACC) - Perth, WA - 15-17 November 2011

REFERENCE F2009/01251 - D02043471

REPORT OF Executive Support Manager

RESOLVED (Esber/Elmore)

12687

That Councillors A Bide, J Chedid and M D McDermott and other interested Councillors (such Councillors to advise the Office of the Lord Mayor of their desire to attend within 7 days) attend the 2011 Australian Public Sector Anti-Corruption Conference being held in Perth, Western Australia from 15-17 November 2011.

12.3

SUBJECT Investments Report for July 2011

REFERENCE F2009/00971 - D02080757

REPORT OF Manager Finance

RESOLVED (Esber/Wilson)

12688

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

12.4

SUBJECT Audit Committee Minutes

REFERENCE F2008/02951 - D02096712

REPORT OF Service Auditor

RESOLVED (Wilson/Esber)

12689

(a) That the minutes of the Audit Committee meeting held on 12 May 2011 (Attachment 1) be adopted.

(b) That the minutes of the Audit Committee meeting held on 25 August 2011 (Attachment 2) be adopted.

Notices of Motion

13.1	SUBJECT Naming of unnamed lane as George Khattar Lane REFERENCE F2004/08796 - D02097217 REPORT OF Councillor P Esber. Also Group Manager City Services Memorandum dated 26 September 2011.
	RESOLVED (Esber/Lack)
12690	That the unnamed Lane 12 off Phillip Street, Parramatta be named George Khattar Lane.
	NOTE: 1 Councillor A A Wilson retired from the meeting at 10.31 pm during consideration of this matter. 2 Councillor L E Wearne returned to the meeting at 10.39 pm during consideration of this matter.

13.2

SUBJECT Free Access to Aquatic Centres

REFERENCE F2004/05927 - D02097229

REPORT OF Councillor P K Maitra

12691

RESOLVED (Maitra/Esber)

That the following motion be deferred for consideration in one month’s time:-

“(a) That a report to Council be prepared regarding the issue of passes for free access to Council’s aquatic centres by families and seniors.

(b) That the report explore different potential options, costings and the process for implementation.

(c) Further, that the report contain information regarding similar schemes offered by other neighboring Councils. “

CLOSED SESSION

RESOLVED (Esber/Lack)

12692

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

1 Tender 12/2011 Construction of a New Amenities Building at Horlyck Reserve, Byrnes Street, South Granville. (D02033525) - 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.

2 Tender 10/2011 - Tender for the Provision of Events Security Services. (D02089093) - 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.

3 Extension of Existing Garbage Collection Contract. (D02097631) - 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.

4. Support for Lord Mayor’s Staff – This issue was confidential n accordance with section 10A (2) (a) of the Local Government Act 1993 as it related to personnel matters.

Note

Councillor P B Barber retired from the meeting at 11.06 pm during Item 14.2 of Closed Session.

RESUMPTION OF MEETING

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

14.1

SUBJECT Tender 12/2011 Construction of a New Amenities Building at Horlyck Reserve, Byrnes Street, South Granville.

REFERENCE F2011/01134 - D02033525

REPORT OF Supervisor - Project Management

RESOLVED (Esber/Issa OAM)

12693

(a) That the tender submitted by Axis Constructions Pty Ltd for the construction of a new amenities building at Horlyck Reserve, Byrnes Street, South Granville for the sum of $120,840 (excluding GST) be accepted.

(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.

14.2

SUBJECT Tender 10/2011 - Tender for the Provision of Events Security Services

REFERENCE F2011/00994 - D02089093

REPORT OF Service Manager Trades, Building and Fleet

RESOLVED (Esber/Lack)

12694

(a) That the tender submitted by Australian Concert and Events Security (ACES) for provision of Events Security at the proposed rates be accepted.

(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.

14.3

SUBJECT Extension of Existing Garbage Collection Contract.

REFERENCE F2009/02443 - D02097631

REPORT OF Service Manager. Sustainability and Waste

RESOLVED (Bide/McDermott)

12695

(a) That Council delegate authority to the CEO to negotiate with the current contractor for a 6 month extension of the existing garbage collection contract with any increase being pegged to the amount discussed at this meeting.

(b) 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.

(d) Further, that in the event the negotiations mentioned in (a) above do not receive a satisfactory result, Council proceed immediately to call for tenders for the provision of both domestic and commercial resource recovery services including:-

1. Waste collection and kerbside cleanup.

2. Recyclables collection and processing.

3. Organics collection and processing.

14.4

SUBJECT Support for Office of Lord Mayor

REFERENCE F2008/00682

FROM Councillor Paul Garrard

RESOLVED (Garrard/Bide)

12696

(a) That in regards to the unauthorised leak of documents from the Lord Mayor’s Office in March 2011, that the Chamber acknowledges the recent advice by the CEO that an internal investigation was found to be inconclusive.

(b) That this Chamber also supports the CEO’s comments that all staff on level 12 and within the organisation have the Chambers’ full trust and support.

(c) Further, that in relation to the comments published within the 9 March Parramatta Advertiser “That the Lord Mayor’s Office leaks like a sieve” and the result of the subsequent inquiry, that the CEO take action to publish a supportive statement in favour of the Lord Mayor’s Office staff and the others within the organisation to be placed on Council’s web page and within the next available edition of the Parramatta Advertiser.

The meeting terminated at 11.14 pm.

THIS PAGE AND THE PRECEDING 28 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON MONDAY, 26 SEPTEMBER 2011 AND CONFIRMED ON MONDAY, 10 OCTOBER 2011.

Lord Mayor