MINUTES OF THE Meeting of Parramatta City Council HELD IN THE Council Chamber, CIVIC PLACE, PARRAMATTA ON Monday, 28 November 2011 AT 6.48 pm

PRESENT

The Lord Mayor, Councillor L E Wearne in the Chair and Councillors P B Barber (retired 9.31pm), A Bide, J Chedid, G J Elmore, P Esber, J D Finn (arrived 6.51 pm), P J Garrard, A Issa, OAM MP (arrived 7.14 pm), M A Lack (arrived 6.54 pm) S D Lloyd, P K Maitra, M D McDermott and A A Wilson (Deputy Lord Mayor – arrived 6.49 pm).

ACKNOWLEDGEMENT TO TRADITIONAL LAND OWNERS

The Lord Mayor, Councillor L E Wearne 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 and welcomed members of the public and media representatives 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 and further welcomed recent migrants to the City.

MINUTES

	SUBJECT          Minutes of the Council Meeting held on 14 November 2011
	RESOLVED       (Chedid/Elmore)
12795	That the minutes be taken as read and be accepted as a true record of the Meeting.

APOLOGIES

	RESOLVED      (Esber/Elmore)
12796	That an apology be received and accepted for the absence of Councillor C X Lim and it be noted that Councillors J D Finn, A Issa, OAM, MP and M A Lack would be arriving late at the meeting.
	NOTE:       Councillor A A Wilson arrived at 6.49 pm during consideration of this matter.

DECLARATIONS OF INTEREST

There were no declarations of interest at this Council Meeting.

PUBLIC FORUM

1	SUBJECT          Development Application - 289 Clyde Street, South Granville REFERENCE    DA/423/2011 FROM                 Omar Jamal
	QUESTIONS By Mr Omar Jamal:- “My questions would are concerning item 8.2 on the meeting Agenda (DA 423/2011). Question 1          Why shouldn't this application be approved subject to conditions? Question 2          Why the applicant wasn't asked to submit amended plans?  Question 3          As the majority of dwellings in the area are owned by the Department of Housing, what does the Council envisage the character of the area would be? Question 4          Does this DA comply with the Infill Affordable Housing SEPP 2009 or does it not? The bottom line is while there is a chronic shortage in the private rental market for houses, Council is still occupied with technicalities that are of no relevance to the future planning or the future projections for certain areas of the Parramatta Municipality.”
12797	RESPONSE By Ms Louise Kerr – Manager Development Services:- “Question 1:         The development application has been recommended for refusal. The recommendation has been made following an assessment of the application by a town planning officer.  The development application has been assessed against the relevant provisions of the Affordable Rental Housing SEPP and it is the professional opinion of the town planning officer that the proposed development does not comply with a number of the development controls of the AHSEPP, with particular reference being made to clauses 15 and 16 (design requirements and character of local area)  A detailed discussion of the issues related to the development application and the recommended reasons for refusal are identified in the section 79C assessment report which is listed on the business paper. The development application has been recommended for refusal. The recommendation has been made following an assessment of the application by a town planning officer.  The development application has been assessed against the relevant provisions of the Affordable Rental Housing SEPP and it is the professional opinion of the town planning officer that the proposed development does not comply with a number of the development controls of the AHSEPP, with particular reference being made to clauses 15 and 16 (design requirements and character of local area)  A detailed discussion of the issues related to the development application and the recommended reasons for refusal are identified in the section 79C assessment report which is listed on the business paper. Question 2:            Within 6 days of lodgement of the development application the applicant was requested to submit additional information. The additional information was submitted to Council on 18 July 2011 and has been considered in the assessment of the application. A number of the issues that have been given determinative weighting in the assessment of the application (ie character of local area) could not be resolved by the submission of amended plans.  For this reason a request for amended plans was not made. Question 3:            The character of an area is not determined by who owns the land. Parramatta City Council has made a policy decision to zone the subject site R2 Low Density Residential in Parramatta LEP 2011.  One of the objectives of the R2 Low Density zone is: · To provide for the housing needs of the community within a low density residential environment. · A low density residential environment is thus the character which is envisaged by Parramatta City Council for the site and the immediate locality. Question 4:          The report which has been prepared for this application concludes that the development application does not comply with a number of the development controls of the AHSEPP, with particular reference being made to clauses 15 and 16 (design requirements and character of local area).”
	NOTE:       Councillor J D Finn arrived at 6.51 pm during consideration of this matter.

2	SUBJECT          City Centre Planning Controls REFERENCE    F2011/00879 FROM                 Adam Byrnes
	QUESTIONS By Mr Adam Byrnes:- “Question 1.        It is noted that the Council report seeks feedback from 'key members' of the development industry.  This is a specific recommendation. As a matter of clarity, and to ensure full engagement in the process, I ask that Council undertake feedback and consultation with all land owners within the City Centre, before a draft is developed? Question 2          The protection of land for commercial functions has underpinned planning policy in the CBD. This has led to the “Commercial Core” excluding any mixed commercial and residential development.  Could Council include in its current review of the planning controls for the City Centre an analysis of opportunities for a mix of residential, commercial and retail development in the City Core?  Could this review be included in the consultation with land owners and the development industry?  The planning framework has failed to deliver significant investment in the commercial core of the CBD.  The floor space capacities of the “Commercial Core” are significant.  The opportunities for redevelopment numerous.  The Commercial Core is not challenged when it comes to commercial floor space opportunities.  The real challenge facing Parramatta is actual investment.  Could the review of the City Centre Planning Controls include a thorough analysis of the introduction of mixed residential and commercial development into the Commercial Core. This is the reality of most of the great cities of the world.”
12798	RESPONSE By Ms Louise Kerr – Manager Development Services:- “Question 1:        All land owners within the City Centre will be consulted when the draft plan is developed. However, it is desirable to gauge the response from the development industry on the recommended planning principles contained in the report as major property developers and industry groups have a focus on delivering commercial development. Question 2:         Given its strategic importance as Sydney’s next CBD, it is imperative for the long term success of the City of Parramatta, that the planning controls ensure that there is sufficient land available for the provision of commercial floor space.  This commercial floor space will, in turn, deliver employment opportunities which will strengthen Parramatta’s key role as an employment destination and regional city as identified in the NSW Metropolitan Plan. The area of land currently zoned ‘B3 - Commercial Core’ is relatively small, in area, in the context of the City and it is not intended to examine any dilution of this zone in the form of residential development as this will compromise the ability of the city to deliver on its identified employment targets and overall vision.”
	NOTE:       Councillor M A Lack arrived at 6.54 pm during consideration of this matter.

3	SUBJECT          Comprehensive Heritage Review - 45 Chiswick Road, South Granville REFERENCE    F2008/03734 FROM                 Bill Abbas (as read by Council Staff on behalf of Mr Abbas).
	STATEMENT From Mr Bill Abbas:- – “The house is old and rundown with leaning piers and fractures of the gyp rock. – The house is very poorly designed, situated in the middle of the block and cannot be extended to the side or upwards. – The Housing Commission have built houses in the area making it difficult for the area's revitalisation. – Heritage restrictions were not made clear to the owner at the time of purchase. – The main entrance door is situated on the side of the house and is not protected from the rain. It would be very difficult to reposition the door. – The house has been built on a slope and water run-off drains under the house pooling underneath the main bedroom. It would be very expensive to undertake the necessary repairs. – The house is of little heritage value. – The house is wrapped in Hardies asbestos which would be expensive to remove. – The owner does not wish to spend hundreds of thousands on a house that will always look old and unattractive and give problems because of age. – The feelings of the owner should be taken into account in any decision relating to the heritage listing of the house. The owner has been battling for three years to have the heritage listing removed and is under stress with three children and expecting a fourth.”
12799	RESPONSE By Ms Jennifer Concato – Acting Manager Land Use Planning:- “Thank you for your public forum statement. The response to this statement is included in the report to Council tonight and dealt with fully in Attachment 2, item 6 and in the detailed assessment by Council’s heritage consultant in Attachment 7, item 6. 45 Chiswick Road, South Granville is part of a group item of 27, 29, 33 – 47 Chiswick Road and this group of cottages has significance as it is part of the first group development constructed by the newly formed Housing Commission in 1944. Heritage listings are noted on Council’s Section 149 Planning Certificates which form the basis of any contract for sale in NSW. The heritage guidelines in the Parramatta Development Control Plan 2011 provides opportunities for alterations and additions to heritage properties and the owner is invited to discuss possible design solutions for this property with Council's Heritage Advisor.  Heritage conservation is not about conserving the past, but about retaining the cultural significance of items whilst managing change. Therefore, material alterations to heritage listed buildings may be appropriate in the context of ongoing use. The comprehensive heritage review has identified that the context of 45 Chiswick Road is very strong. The property is included in the Blaxcell Estate Conservation Area, together with nearby house groups, all relating to the same historical theme of public housing. The integrity level of this and adjacent houses in the streetscape presents highly when viewed externally and it is considered that maintenance and structural issues can be resolved. The comprehensive heritage review concludes that on balance, the argument to retain listing prevails over reasons for removal from the schedule of listed items.”

RESCISSION MOTION

1	SUBJECT          Free Access to Aquatic Centres REFERENCE    F2004/05927 FROM                 Councillor Prabir Maitra
12800	RESOLVED       (Maitra/Lack)
	That the resolution of the Council Meeting held on 7 November 2011 in relation to item 13.1 of Notice of Motion regarding Free access to aquatic centres as follows:- “That a report be issued to Councillors for consideration in conjunction with the Delivery Plan and Budget for 2012/13 examining the introduction of a free family pass for residents once a year and free pool entry for seniors on one weekday each week.” be and is hereby rescinded.
	MOTION              (Maitra/Esber)
	(a)      That Council consider the introduction of a free single visit family pass for residents each year and dedicates one day each week for free entry for seniors who are eligible for Senior's Card under NSW Government's scheme and disability card holders and their carers  to Council's aquatic centres. (b)      That Council places the proposed fee changes on public exhibition and receive a further report ASAP. (c)       That Council receive an assessment report on these fee changes following a trial period of one year. (d)      Further, that operational matters to be decided by the CEO or his nominee.
	PROCEDURAL MOTION              (Esber) The question be put.
	The procedural motion was put and lost on the Lord Mayor’s casting vote and debate continued.
12801	The motion was put and carried.
	NOTE:       1       Councillor A Bide requested that his name be recorded as having voted against this decision.                     2       Councillors J Chedid (7.24 pm) and P Esber (7.24 pm) left the meeting during consideration of this matter and both returned at 7.28 pm during this matter.                     3       Councillor M D McDermott left the meeting at 7.30 pm and returned at 7.31 pm during this matter. 4       Councillor A Issa OAM MP arrived at the meeting at 7.14 pm during consideration of this matter.

Economy and Development

8.1	SUBJECT          15 Short Street, Wentworthville (Lot 15 DP 1036394) DESCRIPTION  Demolition, tree removal and construction of a residential flat building containing 12 units over basement carparking under the Affordable Rental Housing SEPP 2009. REFERENCE    DA/321/2011 - 17 May 2011 APPLICANT/S   Mr G M Blazevic OWNERS           Mr G M Blazevic and Mrs J A Blazevic REPORT OF      Manager Development Services REASON FOR REFERRAL TO COUNCIL                             This application is referred to Council for determination due to the nature of the development (affordable rental housing under the Affordable Rental Housing SEPP).
	RESOLVED      (Esber/Finn)
12802	(a) That Development Application No. 321/2011 for demolition, tree removal and construction of a residential flat building containing 12 units over basement carparking under the provisions of SEPP (Affordable Rental Housing) 2009 on land at 15 Short Street, Wentworthville be refused for the following reasons: 1.                The proposal fails to comply with the maximum FSR provisions of State Environmental Planning Policy (Affordable Rental Housing) 2009 for residential flat buildings at 1.05:1 under Clause 13(2)(ii) as it proposes an FSR of 1.09:1 as defined under the Standard Instrument and a SEPP 1 Objection to vary the development standard has not been submitted. 2.                The proposal fails to satisfy the provisions of State Environmental Planning Policy (Affordable Rental Housing) 2009 as it does not satisfy the provisions of State Environmental Planning Policy 65 and the Residential Flat Design Code including aesthetics, scale, built form, landscaping, amenity and safety and security. 3.                The proposal fails to satisfy the provisions of State Environmental Planning Policy (Affordable Rental Housing) Amendments 2011 as it does not satisfy the local character provisions due to the design of the proposed development, particularly in relation to the development density and the merits of the design of the development. 4.                The proposed development is contrary to the aims and objectives of Parramatta Local Environmental Plan 2001 and Parramatta Local Environmental Plan 2011 and the proposed residential flat building does not achieve the objectives of the 2C Residential and R4 High Density Residential zoning due to the bulk and scale of the development and that it is out of character with the area. 5.                The proposed development is inconsistent with the requirements of Parramatta DCP 2005. The development does not comply with the design standards for minimum frontage, side setback, flood mitigation, stormwater disposal, deep soil, landscaping, streetscape, driveway location, building façade and articulation, visual and acoustic privacy, overshadowing, building separation, building depth, housing diversity, safety and security.  6.                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 L E Wearne and Councillors P B Barber, A Bide, J Chedid, G J Elmore, P Esber, J D Finn, P J Garrard, A Issa, OAM MP, M A Lack, S D Lloyd, P K Maitra, M D McDermott and A A Wilson. NOES             None.

8.2	SUBJECT          289 Clyde Street, South Granville (Lot A DP 389750) DESCRIPTION  Demolition, tree removal and construction of 3 x 2 storey townhouses under the Affordable  Rental Housing SEPP. REFERENCE    DA/423/2011 - 22 June 2011 APPLICANT/S   B Esbhi OWNERS           Mr S A M Al Obaid REPORT OF      Manager Development Services. Also correspondence from O Jamal received on 25 November 2011. REASON FOR REFERRAL TO COUNCIL                             This application is referred to Council for determination due to the nature of the development (affordable rental housing under the Affordable Rental housing SEPP).
	RESOLVED      (Garrard/Elmore)
12803	(a)     That Development Application No. 423/2011 for demolition, tree removal and construction of 3 x 2 storey townhouses under the Affordable Rental Housing SEPP on land at 289 Clyde Street, South Granville be refused for the following reasons: 1          The proposal fails to satisfy the provisions of State Environmental Planning Policy (Affordable Rental Housing) 2009 as it does not satisfy the provisions of the Seniors Living Guidelines, including responding to context, site planning and design impact on streetscape and impact on neighbours. 2          The proposal fails to satisfy the provisions of the amended State Environmental Planning Policy (Affordable Rental Housing) 2009 as it does not satisfy the requirement to be compatible with the character of the local area as the assessment demonstrates that the proposed development will not be compatible with the existing and desired future character of the surrounding location. 3          The proposed development is contrary to the aims and objectives of Parramatta Local Environmental Plan 2011 whereby multi dwelling housing is prohibited development and inconsistent with the objectives of the R2 Low Density Residential zone. 4          The proposed development is inconsistent with the requirements of Parramatta DCP 2005. The development does not comply with the design standards for site frontage, height, street setback, side setback, streetscape, fences, visual privacy, acoustic privacy, building separation, safety and security, internal amenity and car parking.  5          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 L E Wearne and Councillors P B Barber, A Bide, G J Elmore, P Esber, J D Finn, P J Garrard, M A Lack, S D Lloyd, P K Maitra, M D McDermott and A A Wilson. NOES             Councillors J Chedid and A Issa, OAM MP.

8.3	SUBJECT          37 Midson Road (Former Eastwood Brickworks) Eastwood (Lot 10 DP 270605) (Lachlan Macquarie) DESCRIPTION  Stage 3.3.2 - construction of a 2 storey free standing dwelling and 8 x 2 storey dwellings (dual occupancy in design) on proposed lots 16-24. The application is seeking to vary Clause 38 (minimum allotment sizes) and Clause 40 (floor space ratios for development) of Council's Local Environmental Plan 2001 under the provisions of State Environmental Planning Policy No. 1. REFERENCE    DA/634/2011 - Lodged 15 September 2011 APPLICANT/S   AVJBOS Eastwood Developments Pty Ltd OWNERS           AVJBOS Eastwood Developments Pty Ltd REPORT OF      Manager Development Services REASON FOR REFERRAL TO COUNCIL                             The application has been referred to Council as the application seeks variations of greater than 10% to the allotment size/frontage control of clause 38(1)(b) and the floor space ratio control of clause 40(1) contained within Parramatta Local Environmental Plan 2001 and the application is accompanied by an objection under SEPP 1.
	RESOLVED      (Esber/Elmore)
12804	(a) That Council support the variation to Clause 38 and Clause 40 of the PLEP 2001 under the provisions of SEPP 1. (b)      Further, that Council as the consent authority grant development consent to Development Application No. DA/634/2011 for construction of a 2 storey free standing dwelling and 8 x 2 storey dwellings (dual occupancy in design) on proposed lots 16-24 at 39A Midson Road (former Eastwood Brickworks) EASTWOOD for a period of five (5) years from the date on the Notice of Determination subject to the conditions contained in Attachment 1.
	DIVISION       The result being: AYES             The Lord Mayor, Councillor L E Wearne and Councillors P B Barber, A Bide, J Chedid, G J Elmore, P Esber, J D Finn, P J Garrard, A Issa, OAM MP, M A Lack, P K Maitra and M D McDermott. NOES             Councillors S D Lloyd and A A Wilson.

8.4	SUBJECT          37 Park Road, Rydalmere (LOT 5 DP 16517)(Elizabeth Macarthur Ward) DESCRIPTION  Demolition, tree removal and construction of a 2 storey townhouse development containing 5 dwellings over a basement carpark. The application is proposed under State Environmental Planning Policy (Affordable Rental Housing) 2009. REFERENCE    DA/73/2011 - Submitted 17 February 2011 APPLICANT/S   Gus Fares Architects Pty Ltd OWNERS           Mr E G Nader & Mrs J Nader & Mr T T Nader & Mrs G Nader REPORT OF      Manager Development Services REASON FOR REFERRAL TO COUNCIL                             This application is referred to Council for determination as the proposal is for infill housing under the SEPP (Affordable Rental Housing) 2009.
	RESOLVED      (Wilson/Finn)
12805	(a)     That Development Application No. DA/73/2011 for the demolition, tree removal and construction of a  2 storey townhouse development containing 5 dwellings over a basement carpark under State Environmental Planning Policy (Affordable Rental Housing) 2009 on land at 37 Park Road, Rydalmere be approved via a deferred commencement consent as outlined in Attachment 1. (b)      Further, that the objectors be advised of Council’s determination of the application.
	DIVISION       The result being: AYES             The Lord Mayor, Councillor L E Wearne and Councillors, P B Barber, J Chedid, G J Elmore, P Esber, J D Finn, P J Garrard, A Issa, OAM MP, M A Lack, P K Maitra and A A Wilson. NOES             Councillors A Bide, S D Lloyd  and M D McDermott.

8.5

SUBJECT          84 Kleins Road, Northmead (Lot 1 DP 513222) (Caroline Chisholm Ward)

DESCRIPTION  Section 96(1a) application to modify Development Consent No. DA/1203/2005 (works to the Parramatta Baptist Church). Modifications include changes to the internal layout of the building and increasing the floor space by 96m2.

REFERENCE    DA/1203/2005/A - Lodged 1 September 2011

APPLICANT/S   Parramatta Baptist Church

OWNERS           Parramatta Baptist Church

REPORT OF      Manager Development Services

REASON FOR REFERRAL TO COUNCIL

                            The application is referred to Council as the application proposes works to a place of public worship.

RESOLVED      (Esber/Finn)

12806

(a)     That Council as the consent authority, modify development consent No. 1203/2005 in the following manner:

1. Modify condition no. 1 in the following manner:

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
DA02F – site development plan	15/07/10
DA03F – lower ground floor plan	04/06/10
DA04F – ground floor plan	04/06/10
DA05F – roof and mezzanine floor plan	04/06/10
DA06F – north and south elevations	04/06/10
DA07F – east and west elevations	04/06/10
DA08F – Sections AA & BB	04/06/10
DA09B – materials & finishes (north and south elevations)	10/11/05
DA10B – materials & finishes (east and west elevations)	10/11/05
DA12B- waste management site plan	10/11/05
L01D – landscape plan	8/06/06
C03 – Proposed Site Layout Key Plan and OSD Sizing	12/09/05
C04 – Drainage Plan Part 1	12/09/05
C05 – Drainage Plan Part 2	12/09/05
C06 – Drainage Plan Part 3	12/09/05
C07 – Details	12/09/05
C08 – Sediment and Erosion Plan	12/09/05

Document(s)	Dated
Acoustic report No. 3429-2 prepared by Day Design Pty Ltd	30/06/11
Waste management plan	10/11/05
Landscape Specification prepared by PSB Architecture	22/11/05

No construction works (including excavation) shall be undertaken prior to the release to the Construction Certificate.

Note:       Further information on Construction Certificates can be obtained by contacting Customer Service on 9806 5359.

Reason:  To ensure the work is carried out in accordance with the approved plans.

2. The following additional conditions shall be included:

49A.    The measures required by the acoustic report No. 3429-2 prepared by Day Design Pty Ltd submitted with the development application (and Construction Certificate if applicable) shall be implemented prior to issue of any Occupation Certificate.

Reason:          To minimise the impact of noise.

53.       Noise and vibration from the use and operation of any plant and equipment and/or building services associated with the premises shall not give rise to "offensive noise' as defined by the Protection of the Environment Operations Act 1997.

    Reason:     To reduce noise levels.

(b)     Further, that objectors be advised of Council’s decision.

DIVISION       The result being:

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

NOES             None.

8.6	SUBJECT          20 Fennell Street, PARRAMATTA  NSW  2150 Lot 1 DP 1277 (Arthur Phillip Ward) DESCRIPTION  Proposed two storey addition to the rear of an existing heritage listed cottage. Approval is also sought to use the premises for commercial purposes. REFERENCE    DA/505/2011 - 22 July 2011 APPLICANT/S   Kanebridge Group Pty Ltd OWNERS           Marcyves Pty Limited REPORT OF      Manager Development Services REASON FOR REPORT TO COUNCIL                             This application is referred to Council for determination as the proposal is for alterations and additions to a heritage item of Local Significance.
	RESOLVED      (Esber/Maitra)
12807	That Council as the consent authority, grant development consent to Development Application No. 505/2011 for the proposed two storey addition to the rear of an existing heritage listed cottage and use of the premises for commercial purposes at 20 Fennell Street, Parramatta  NSW  2150  subject to the conditions contained within Attachment 1.
	DIVISION       The result being: AYES             The Lord Mayor, Councillor L E Wearne and Councillors P B Barber, A Bide, G J Elmore, P Esber, P J Garrard, A Issa, OAM MP, M A Lack, S D Lloyd, P K Maitra, M D McDermott and A A Wilson. NOES             Councillors J Chedid and J D Finn.

8.7	SUBJECT          21 Wentworth Street, Parramatta Lot 5 DP 531926 & Lot 7 DP 555797 DESCRIPTION  Fitout of existing cafe and increase in seating numbers REFERENCE    DA/628/2011 - Submitted 14th September 2011 APPLICANT/S   A Sayan OWNERS           Better Buildings Pty Ltd REPORT OF      Manager Development Services REASON FOR REPORT TO COUNCIL                             The application is being referred to Council for determination as the site is listed as a heritage item.
	RESOLVED      (Bide/Finn)
12808	(a)     That Council as the consent authority grant development consent to Development Application No. 628/2011 for the fit out of the existing café between the heritage listed building and the adjoining commercial building for the preparation of food and the provision of indoor dining on land at 21 Wentworth Street, Parramatta subject to conditions contained within Attachment 1. (b)      Further, that the objector/s be advised of Councils decision.
	DIVISION       The result being: AYES             The Lord Mayor, Councillor L E Wearne and Councillors P B Barber, A Bide, J Chedid, G J Elmore, P Esber, J D Finn, P J Garrard, A Issa, OAM MP, M A Lack, S D Lloyd, P K Maitra, M D McDermott and A A Wilson. NOES             None.

8.8	SUBJECT          75 Sorrell Street & 8 Isabella Street, North Parramatta Lot 1 DP 430258 &  Lot 3 DP 430258 DESCRIPTION  Section 96(2) Application. The proposal seeks to modify DA/728/2005 to increase the number of children within the existing child care centre from 56 to 59. REFERENCE    DA/728/2005/B - Submitted 25 August 2011 APPLICANT/S   Clearrun Project Management OWNERS           Mr J J Cranney & Mrs C E Cranney & Joseph Martin Pty Ltd REPORT OF      Manager Development Services REASON FOR REFERRAL TO COUNCIL                             The section 96(2) application seeks to modify DA/728/2005 where Council granted consent for the consolidation of 2 existing child care centres for 56 children including internal alterations to 8 Isabella Street and adjoining to 75 Sorrell Street and 1 sign approved by Council.
	RESOLVED      (Garrard/Issa OAM MP)
12809	That Council as the consent authority, modify development consent DA/728/2005 for the consolidation of 2 existing child care centres for 56 children to include modifications comprising the increase in the number of children to 59 on land at 75 Sorrell Street & 8 Isabella Street,  North Parramatta, on the original Notice of Determination subject to the conditions in Attachment 1.
	DIVISION       The result being: AYES             The Lord Mayor, Councillor L E Wearne and Councillors P B Barber, A Bide, J Chedid, G J Elmore, P Esber, J D Finn, P J Garrard, A Issa, OAM MP, M A Lack, S D Lloyd, P K Maitra, M D McDermott and A A Wilson. NOES             None.

8.9	SUBJECT          City Centre Planning Controls REFERENCE    F2011/00879 - D02167328 REPORT OF      Project Officer - Land Use Planning. Also correspondence dated 25 November 2011 from Sterling House 88 Pty Ltd.
	MOTION              (Wilson/Bide)
	That consideration of this  matter be deferred pending a further report with block massing of the CBD.
	AMENDMENT   (Issa, OAM, MP/Maitra)
	(a)     That Council endorse the principles for amendment of the current City Centre LEP provisions as detailed in attachment No 1. (b)     That Council endorse the principles for amendment of the current City Centre DCP provisions as detailed in attachment No.1. (c)     That these amendments be incorporated into a draft amalgamated LEP and DCP. (d)     That Council note the progression of the amalgamation process of the City Centre planning controls (LEP & DCP) with the comprehensive LEP & DCP. (e)     Further, that Council invite feedback from key members of the development industry and land owners before further formal consideration of the recommended amendments.
12810	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 L E Wearne and Councillors P B Barber, J Chedid, G J Elmore, P Esber, P J Garrard, A Issa, OAM MP, M A Lack, S D Lloyd and P K Maitra. NOES             Councillors A Bide, J D Finn, M D McDermott and A A Wilson.

8.10	SUBJECT          Heritage Advisory Committee for October 2011 REFERENCE    F2005/01945 - D02167465 REPORT OF      Project Officer- Land Use Planning
	RESOLVED      (Chedid/McDermott)
12811	That the minutes of the Heritage Advisory Committee meeting of 19 October 2011 be received and noted.

8.11	SUBJECT          Riverforeshore Activation - proposed new foreshore play space REFERENCE    F2010/02284 - D02167857 REPORT OF      Senior Project Officer
	RESOLVED      (Chedid/Barber)
12812	(a)   That Council commences a tender process to construct a proposed new foreshore play space. (b)   That the results of the tender process be reported to Council early in 2012. (c)    Further, that funding for construction be sourced through a combination of the city centre special rate and Section 94A.

8.12	SUBJECT          Comprehensive Heritage Review REFERENCE    F2008/03734 - D02168227 REPORT OF      Project Officer- Land Use Planning
	MOTION              (Bide/Chedid)
	(a)    That Council agree to the proposed alterations for adding and removing heritage listed items described in Attachments 1 and 2 subject  to the removal of the Parramatta Wetlands from the list of items to be removed and the removal of 45 Chiswick Road, South Granville from the heritage list. (b)     That Council agree to the proposed alterations for removing heritage listed items, which have previously been approved for demolition, as described in Attachment 3. (c)     That Council agree to the proposed alterations for correcting anomalies of heritage listed items as described in Attachments 4 and that the CEO be authorised to make any necessary corrections to the property descriptions of heritage items, without further reporting to Council. (d)     That Council make a recommendation to the Heritage Council of NSW for the addition of items of State significance described in Attachment 5 to the State Heritage Register. (e)     That the proposed alterations in (a), (b) and (c) together with the proposed heritage changes in Epping, including extension of the Conservation Area, as described in Attachment 1, be incorporated in a planning proposal to amend Parramatta Local Environmental Plan 2011 and Parramatta City Centre Local Environmental Plan 2007 and be referred to the Department of Planning and Infrastructure for gateway determination. (f)      Further, that the writers of the report, Mr Paul Kennedy, Ms Jennifer Concato and Mr Zoran Popovic be congratulated on the quality and comprehensive nature of the report.
	AMENDMENT   (Finn/Wearne)
	(a)     That Council agree to the proposed alterations for adding and removing heritage listed items described in Attachments 1 and 2 subject  to the removal of the Parramatta Wetlands and St Andrews Church Hall from the list of items to be removed.  (b)    That Council agree to the proposed alterations for removing heritage listed items, which have previously been approved for demolition, as described in Attachment 3. (c)     That Council agree to the proposed alterations for correcting anomalies of heritage listed items as described in Attachments 4 and that the CEO be authorised to make any necessary corrections to the property descriptions of heritage items, without further reporting to Council. (d)     That Council make a recommendation to the Heritage Council of NSW for the addition of items of State significance described in Attachment 5 to the State Heritage Register. (e)     That the proposed alterations in (a), (b) and (c) together with the proposed heritage changes in Epping, including extension of the Conservation Area, as described in Attachment 1, be incorporated in a planning proposal to amend Parramatta Local Environmental Plan 2011 and Parramatta City Centre Local Environmental Plan 2007 and be referred to the Department of Planning and Infrastructure for gateway determination. (f)      Further, that the writers of the report, Mr Paul Kennedy, Ms Jennifer Concato and Mr Zoran Popovic be congratulated on the quality and comprehensive nature of the report.
	The amendment was put and lost.
12813	The motion was put and carried.

ADJOURNMENT OF MEETING

In accordance with Council's decision of 23 October 2000 (Minute No 5712) the meeting adjourned at 8.33 pm for a period of 14 minutes.

RESUMPTION OF MEETING

The meeting resumed in the Council Chamber at 8.47 pm, there being in attendance The Lord Mayor, Councillor L E Wearne and Councillors P B Barber, A Bide, J Chedid  G J Elmore, J D Finn, P J Garrard, M A Lack, S D Lloyd, M D McDermott, P K Maitra and A A Wilson.

8.13	SUBJECT          Westmead Precinct Planning Framework REFERENCE    F2004/07805 - D02168291 REPORT OF      Project Officer- Land Use Planning
	RESOLVED      (Bide/Maitra)
12814	(a)     That the concept proposals outlined in this report be used as a basis for preparing a planning strategy for guiding the future development of the Westmead Precinct. (b)     That in preparing the planning strategy, consultation take place with key stakeholders and residents in the Westmead Precinct. (c)     That draft amendments be prepared, consistent with the planning strategy, to the Parramatta Local Environmental Plan (LEP) 2011, the Parramatta Development Control Plan (DCP) 2011 and the Section 94A Development Contributions Plan, as required. (d)     Further, that after preparation, the planning strategy and draft amendments be referred back to Council for its consideration.

Community and Neighbourhood

9.1	SUBJECT          Transfer of 356 Old Windsor Road in Seven Hills as Public Reserve REFERENCE    F2011/03024 - D02147707 REPORT OF      Open Space & Natural Resources Planner
	RESOLVED      (Barber/Elmore)
12815	(a)     That Council resolve to accept the transfer of 356 Old Windsor Road,       Seven Hills (Lot 2 DP 1068260) in fee simple from Viewbrook Investments Pty Ltd for use as a public reserve at no cost to Council except associated legal costs. (b)      Further, that the Lord Mayor and Chief Executive Officer be authorised to complete all relevant documentation including sale contract and deed of agreement under the seal of Council.

9.2	SUBJECT          Aboriginal and Torres Strait Islander Advisory Committee Meeting 25 October 2011 and application for membership REFERENCE    F2005/01941 - D02121282 REPORT OF      Community Capacity Building Officer
	RESOLVED      (Bide/Barber)
12816	(a)      That the minutes of the Aboriginal and Torres Strait Islander Advisory Committee of 25 October 2011 be received and noted. (b)       That Council accept the membership application of Gilson Saunders to join Council’s Aboriginal and Torres Strait Islander Advisory Committee received on 6 September 2011. (c)       Further, that Council note that there is no request for additional expenditure.

9.3	SUBJECT          Access Advisory Committee Minutes 18 October 2011 REFERENCE    F2005/01944 - D02157103 REPORT OF    Community Capacity Building Officer                                                                                                                                                                                                                                                                   Community
	RESOLVED      (Bide/McDermott)
12817	(a)      That the minutes of the Access Advisory Committee meeting on 18 October 2011 (Attachment 1) be received and noted. (b)      Further, that the Access Advisory Committee’s advice regarding information on standards and best practice for making technology accessible to people with a disability be provided to the ParraConnect Committee.
	NOTE:       Councillor P Esber returned to the meeting at 8.49 pm during consideration of this matter.

9.4	SUBJECT          Homelessness Policy and Implementation Plan REFERENCE    F2004/09516 - D02160444 REPORT OF      Manager - Social Outcomes
	RESOLVED      (Finn/Lack)
12818	That Council adopts the Homelessness Policy November 2011 and associated Implementation Plan, which has been developed in extensive consultation with local and regional stakeholders subject to the policy acknowledging and noting Council owned properties used by homelessness services such as Western Housing for Youth.
	NOTE:        Councillor A Issa, OAM, MP returned at 8.50 pm, left at 8.51 pm and returned again at 8.54 pm during consideration of this matter.

9.5	SUBJECT          Affordable Housing Task Force and Affordable Rental Housing SEPP 2009 REFERENCE    F2004/06029 - D02161834 REPORT OF      Manager - Social Outcomes
	RESOLVED      (Lack/Barber)
12819	That Council request the State Government amend the ARHSEPP (as outlined in the key issues below), so that affordable housing outcomes are suitable and appropriate to the local context and local need.
	NOTE:       Councillor A Bide left the meeting at 9.07 pm and returned at 9.09 pm during consideration of this matter.

Governance and Corporate

10.1	SUBJECT          To present the 2010/11 Financial Report and Auditors Report to the public. REFERENCE    F2009/01832 - D02125662 REPORT OF      Manager Finance
	RESOLVED      (Barber/Lack)
12820	That the 2010/11 Financial Report and the Auditors Report be received and presented to the public.

10.2	SUBJECT          Delivery Program and Operational Plan – Quarterly Review September 2011 REFERENCE    F2011/01566 - D02136012 REPORT OF      Manager Finance
	RESOLVED      (Chedid/Elmore)
12821	(a)      That Council adopt the Chief Executive Officer’s September 2011 Quarterly Review of the 2010/14 Delivery Program and 2011/12 Operational Plan. (Attachment 1). (b)      That Council adopt the Responsible Accounting Officer’s report on the financial position of the Council and the revised estimates of income and expenditure as detailed in Attachment 1 (c)       Further, that Council adopts the following as the parameters for budget variance explanations in the Quarterly Budget Review Statement - “Where Services budget variations are greater than +/- 10% of the current budget or greater than +/- $100,000 of the current budget, these are required to be explained”.

10.3	SUBJECT          Investments Report for September 2011 REFERENCE    F2009/00971 - D02140279 REPORT OF      Manager Finance
	RESOLVED      (Issa OAM/Barber)
12822	That Council receives and notes the investments report for September 2011.

10.4	SUBJECT          Minor Amendments to Council's Public Interest Disclosures Policy REFERENCE    F2011/01104 - D02113921 REPORT OF      Policy Review Officer
	RESOLVED      (Bide/Maitra)
12823	That Council approve the proposed amendments to Council’s Public Interest Disclosures Policy.

10.5	SUBJECT          Disclosure of Interests Register as at 30 September 2011 REFERENCE    F2004/07102 - D02165802 REPORT OF      General Counsel
	RESOLVED      (Bide/Maitra)
12824	(a)      That Council receive and note the Disclosure of Pecuniary Interest returns which have been tabled in accordance with the requirements of the Local Government Act, 1993. (b)       Further, that Council notes the Disclosure of Pecuniary Interest returns tabled will be included in the Disclosure of Pecuniary Interest returns register.

10.6	SUBJECT          Melita Stadium - Proposed Sublease from Parramatta Melita Eagles Sports Club Ltd to Granville Districts Soccer Football Club REFERENCE    F2004/06845 - D02166484 REPORT OF      Manager - Strategic Assets and Property Management
	MOTION              (Elmore/Bide)
	(a)       That Council grant an in-principle approval for Parramatta Melita Eagles Sports Club Ltd to sublease Melita Stadium to Granville Districts Soccer Football Club, contingent upon provision of the appropriate undertakings and documentation. (b)        That the Maltese heritage of the Parramatta Melita Eagles Sport Club at Melita Stadium be preserved in the new sublease, that the Melita Eagles retain their naming rights and further that the History Wall within the premises be maintained. (c)        Further, that the Chief Executive Officer be authorised to execute the sublease on behalf of Council under delegated authority.
	AMENDMENT (Issa/Wilson)
	That Council hold a workshop between Parramatta Melita Eagles Sport Club, Office of the Lord Mayor and the Granville District Soccer Football Association to  discuss this issue.
	The amendment was put and lost.
12825	The motion was put and carried.
	NOTE:        1      Councillor P B Barber retired from the meeting at 9.31 pm during consideration of this matter.                      2      Councillor P Esber left the meeting at 9.35 pm and returned at 9.38 pm during consideration of this matter.

10.7	SUBJECT          Sale of 64 Phillip Street, Parramatta REFERENCE    F2010/02642 - D02162189 REPORT OF      Manager - Strategic Assets and Property Management
	RESOLVED      (Bide/Elmore)
12826	(a)       That Council resolve to sell 64 Phillip Street, Parramatta (Lot 3 DP 591970) to the adjoining owner on the terms and conditions contained within this report. (b)       That Council resolve to purchase the re-subdivided Lot 3 on the terms and conditions contained within this report. (c)        That Council resolve to classify the re-subdivided Lot 3 as Operational land in accordance with clause 31 of the Local Government Act, 1993, as amended. (d)       Further, that the Lord Mayor and the CEO be authorised to execute under seal all documents relating to the sale and purchase.

10.8	SUBJECT          ParraConnect Advisory Committee Minutes REFERENCE    F2011/00898 - D02166990 REPORT OF      Manager Information Communication Technology
	RESOLVED      (Bide/Maitra)
12827	That the minutes of the ParraConnect Advisory Committee meeting of 15th August 2011, 20th September 2011 and 17th October 2011 be received and noted.

10.9	SUBJECT          Continuation of the ParraConnect Advisory Committee REFERENCE    F2008/02761 - D02144533 REPORT OF      Group Manager- Corporate
	RESOLVED      (Bide/Maitra)
12828	That the current established ParraConnect Advisory Committee continue for an additional 12 months and continue to operate under section 355 of the Local Government Act.

10.10	SUBJECT          Social Media for the Public Sector - 21 - 22 March 2012 - Melbourne REFERENCE    F2006/00544 - D02166999 REPORT OF      Executive Support Manager
	RESOLVED      (Bide/Esber)
12829	That any Councillors interested in attending the Social Media for the Public Sector Conference in Melbourne from the 21 – 22 March 2012, advise the Office of the Lord Mayor.

10.11	SUBJECT          52nd Floodplain Management Association Conference - 21-24 February 2012 - Batemans Bay , NSW REFERENCE    F2010/03183 - D02127012 REPORT OF      Executive Support Manager
	RESOLVED      (Lack/Issa OAM)
12830	That any Councillors interested in attending the 52^nd Floodplain Management Association Conference being held in Bateman’s Bay, NSW from 21-24 February 2012 advise the Office of the Lord Mayor

Notices of Motion

11.1	SUBJECT          Staff Organisational Structure REFERENCE    F2004/06182 - D02166821 REPORT OF      Councillor P J Garrard
	RESOLVED      (Garrard/Esber)
12831	That the following Notice of Motion be deferred to the first Ordinary Council Meeting in 2012:- “(a)      That the Chamber wishes to advise the CEO that with any organisational restructures, that it is a matter of courtesy and good governance to consult with the Chamber before any action is put into place. (b)       Further, that in relation to the future staffing of the Lord Mayor’s Office, that the CEO report to the Chamber as to how the capacity of the Lord Mayor’s Office can be increased utilising the model adopted by the Lord Mayoral Office of Sydney, whereby future staffing establishments in Parramatta will be set at a figure which remains constant as a percentage of that which exists within Sydney City Council.”

11.2	SUBJECT          Audit of Recruitment Practices REFERENCE    F2011/01033 - D02170779 REPORT OF      Councillor M D McDermott
	MOTION             (McDermott/Lack)
	(a)      That the audit practice of a tier 1 accounting firm be recommended by the Audit Committee to the Chief Executive Officer and Lord Mayor for the appointment of an appropriate accounting firm to conduct a detailed review and report to Council (at a Council Meeting) on the processes followed in relation to the recruitment of all Permanent & Contract staff within the Lord Mayoral office (as employees under routine employment arrangements and/or contractors under hire arrangements) during the term of this Council. (b)      Further, that in order to determine if said recruitment processes accord with best practice, the audit should:- 1       Examine and report on the composition of all selection panels for any such recruitment; 2       Examine the adequacy of the governance related aspects of the process and the extent to which they have been observed; 3       Examine compliance with existing PCC policies relating to recruitment; 4       Canvass all Councillors and relevant management representatives with respect to any concerns or suggestions that they may have with respect  to these processes; 5       Make any relevant recommendations regarding possible changes to the recruitment processes having regard to best practice.
	AMENDMENT (Bide/Chedid)
	That this matter be received and noted and no further action be taken.
	FORESHADOWED AMENDMENT   (Bide) That a comprehensive report be prepared as to what action was taken and findings of the police and internal investigations in relation to the removal of documents from the Office of the Lord Mayor. NOTE:       The Foreshadowed Amendment was ruled not sustainable by the Lord Mayor.
12832	The amendment was put and carried and on being put as the motion was again carried.
	NOTE:       Councillor P Esber left the meeting at 9.53 pm and returned at 10.00 pm during consideration of this matter.

CLOSED SESSION
	RESOLVED      (Esber/Lack)
12833	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       Referral of Inspection report by the NSW Fire & Rescue (FRNSW). (D02165776) - This report is confidential in accordance with section 10A (2) (e) of the Local Government Act 1993 as the report contains information that would, if disclosed, prejudice the maintenance of law.

2       Parramatta Design Excellence Advisory Panel. (D02167887) - This report is confidential in accordance with section 10A (2) (a) of the Local Government Act 1993 as the report contains personnel matters concerning particular individuals.

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

12.1	SUBJECT          Referral of Inspection report by the NSW Fire & Rescue (FRNSW) REFERENCE    F2004/07367 - D02165776 REPORT OF      Manager Regulatory Services
	RESOLVED      (Garrard/Issa OAM MP)
12834	(a)          That Council notes the referred letter from the Fire and Rescue NSW (FRNSW) dated 25 August 2011, pursuant to Section 121ZD of the Environmental Planning and Assessment Act 1979 and the action taken by Council with the issuing of a letter to the owner of 372 Pennant Hills Road, Carlingford, advising of the fire safety concerns and to act on the instructions within this letter within 28 days under the EP&A Act. (b)          That Council notes the referred letter from the FRNSW dated 20 October 2011, pursuant to Section 121ZD of the Environmental Planning and Assessment Act 1979 and the action taken by FRNSW in which under the powers exercised to them, FRNSW have issued the Emergency Order No. 6, in relation to 69 George Street, Parramatta, to ensure fire safety complies, to enable persons to safely evacuate. (c)          That Council pursues compliance with the letter in respect to recommendation (a) and seeks a follow up response from FRNSW in regard to recommendation (B) relating to compliance with the FRNSW Emergency Order, within the nominated time frames to achieve compliance. (d)          Further that, FRNSW have been advised of the action taken in regard to recommendation (a) of this report.

12.2	SUBJECT          Parramatta Design Excellence Advisory Panel REFERENCE    F2011/00990 - D02167887 REPORT OF      Manager Development Services
	RESOLVED      (Esber/Finn)
12835	That Council appoint Respondent No’s 1, 5, 9, 11, 13, 15, 16, 17, 22, 23, 24 and 25 as the members of the Parramatta Design Excellence Advisory Panel         for a term of 12 months, with the option of renewing for a further 12 months beyond that subject to satisfactory performance and operation of the panel.

QUESTION TIME

1	SUBJECT          Removal of Unsupported Development Signage REFERENCE    F2010/02459 FROM                 Councillor Mark Lack
12836	Councillor Lack questioned when staff would remove all unsupported development signage. The Lord Mayor advised that a memorandum providing information on this issue was sent to Councillors in the past 2 weeks.

The meeting terminated at 10.24 pm.

THIS PAGE AND THE PRECEDING 27 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON MONDAY, 28 NOVEMBER 2011 AND CONFIRMED ON MONDAY, 5 DECEMBER 2011.

Lord Mayor