MINUTES OF THE Meeting of Parramatta City Council HELD IN THE Council Chamber, CIVIC PLACE, PARRAMATTA ON Monday, 14 November 2011 AT 6.48 pm

PRESENT

The Lord Mayor, Councillor L E Wearne in the Chair and Councillors P B Barber (retired 8.45 pm), Councillor J Chedid (arrived 6.50 pm), G J Elmore, J D Finn, P J Garrard, A Issa, OAM MP, M A Lack, C X Lim, S D Lloyd, P K Maitra and A A Wilson (Deputy Lord Mayor).

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

1	SUBJECT          Minutes of the Council Meeting held on 7 November 2011
	RESOLVED      (Garrard/Wilson)
12776	That the minutes be taken as read and be accepted as a true record of the Meeting.

APOLOGIES

	RESOLVED      (Lack/Elmore)
12777	That an apology be received and accepted for the absence of Councillor P Esber and it be noted that Councillors A Bide and M D McDermott had previously been granted leave of absence to attend the Australian Public Sector Anti Corruption Conference being held in Perth from 15 to 17 November 2011 (Minute No. 12702 refers).

DECLARATIONS OF INTEREST

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

MINUTES OF THE LORD MAYOR

NOTE:     There is one Lord Mayoral Minute and it will be dealt with in Closed Session as Item 11.3.

PUBLIC FORUM

1

SUBJECT          Support for Development Application - 399 Victoria Road, Rydalmere REFERENCE   DA/121/2011 FROM                 Mr Anthony El-Hazouri

12778

STATEMENT By Mr Anthony El-Hazouri:- “Good Evening Madam Lord Mayor, Deputy Lord Mayor, Councillors, staff and residents. My name is Anthony El-Hazouri and I am the director of the applicant company, Revelop Projects. I am here to discuss the application before you tonight for the proposed boarding house at 399 Victoria Rd Rydalmere. As those of you who were present at the onsite meeting last Saturday would know, we had the opportunity to have very frank and detailed discussions with both councillors and residents about concerns surrounding this application. As an outcome of said discussions, the following amendments were made to the application and proposed conditions of consent: · All first floor windows were made opaque with angled louvers that allow passive solar access but obstruct views both into and out of the first floor windows · The waste disposal has been changed to replace individual bins with a commercial waste collection to negate the need for bins to be placed on the kerb Given the main issue discussed on site was the overlooking from the proposed building into the neighbouring properties, please see, as distributed to Councillors, detail of the proposed window treatment. This clearly shows occupants cannot look out onto neighbouring properties however rooms still enjoy natural sunlight and cross ventilation/airflow. There was also some discussion on site as to the proposed management of the centre, The proposed conditions of consent impose a 12 month trial period whereby an off-site caretaker will be used in conjunction with numerous monitoring measures such as 24/7 CCTV surveillance, quick response times, various contact numbers being available for resident complaints/issues to be reported and the like. This method of management was deemed most appropriate as an on-site caretaker was in this instance, given the small nature of the site, uneconomical and contrary to the aims of the policy and in practical terms not absolute. Residents would only have a single point of contact to report issues. Periods where the caretaker was on holidays, on sick leave or simply not at the residence would render the development unsupervised and without any means of contact. In the proposed method of management, the building is under constant surveillance meaning any incidents will be recorded and appropriate action can be taken. Further, off site property management staff, who are experienced with management of residential accommodation will be on call 24/7. Whilst there will be a single point of contact, in the event such contact is unavailable, three other after hours contacts are also available to residents, whose details are signposted at the premises and details of such will be made available to all surrounding residents via correspondence prior to the premises being occupied. This trial period will allow us to demonstrate to council that this method of management is effective. In the event it is determined that this method is not effective, the consent provides for an onsite manager to be implemented at the expiry of the trial period. Councillors, this application comes to you with a recommendation for approval and I urge you to endorse such recommendation. I would like to thank you in advance for your due consideration of this application. Thank You”

2	SUBJECT          Objection to Development Application - 399 Victoria Road, Rydalmere. REFERENCE   DA/121/2011 FROM                 Diane Cole
12779	STATEMENT By Ms Diane Cole:- “Lord Mayor, Residents of Rydalmere, particularly those with children attending Rydalmere Public School, are opposed to the development of a boarding house at 399 Victoria Road Rydalmere. With some concerns over off-site management, Council’s Officers have recommended approving this development with conditions, as it complies with the Affordable Rental Housing  SEPP, but  these conditions in no way alleviate our concerns over the long-term future of such a development. We feel that providing only 2 car and 2 motorcycle parking spaces and no visitor parking for 19 people, on a main road at pedestrian lights, may comply with the A.R.H. SEPP but will cause parking and traffic problems in our neighbourhood. Despite some re-design and Council Officers’ conclusions that tenants will not be using their bedrooms during school hours, it still remains a concern that some windows look out over the school grounds, ostensibly to provide “passive surveillance” of the rear outside area of the development. For security, the Developer proposes that outside and common areas will be covered by CCTV cameras. But while these cameras will operate 24 hours a day, they cannot be monitored 24 hours a day, and will only be consulted if a problem occurs. Our community would be much more reassured by an on-site manager. There is no research or documentation available of existing New Generation Boarding Houses and whether their tenants fit the Developer’s expectations of future tenants, and no definition or conditions as to How or To Whom these residences are to be Affordable. Rydalmere Public School is celebrating its 120th year, and our view is long-term – we must be concerned that any conditions imposed by any Government or Council have a finite time span and may not be enforceable in 10 or 20 years time. We ask that the Council refuse consent for this development. Thank you.” .
	NOTE:       Councillor J Chedid arrived at the meeting at 6.50 pm during consideration of this matter.

3	SUBJECT          Development Application - 399 Victoria Road, Rydalmere REFERENCE   DA/121/2011 FROM                 Tricia Pinto
	QUESTION By Tricia Pinto:- “As owners of 401 Victoria Road, Rydalmere the location of the bins on the east elevation side are right next to our daily living amenities, outdoor entertaining area and children's play area. The developer has agreed to the relocation of the bins to the west elevation side could Council please ensure that this is done. Thank You.”
12780	RESPONSE By Ms Louise Kerr – Manager Development Services:- “In the event that the Council approve the development a condition could be imposed that requires the relocation of the garbage bays to the western side of the property as agreed to by the developer. Amended plans would then be required to be prepared showing the relocated garbage area prior to the release of the construction certificate.”

Reports - Domestic Applications

8.1	SUBJECT          315 Church Street, Parramatta (Lot 1 DP 739012) (Arthur Phillip Ward) DESCRIPTION Internal and external alterations and additions to an existing restaurant and signage. REFERENCE   DA/534/2011 - Submitted 3 August 2011 APPLICANT/S  Mr F Nohra OWNERS          Appwam pty ltd REPORT OF     Manager Development Services REASON FOR REFERRAL TO COUNCIL                             The application has been referred to Council as the proposal involves works to a heritage item.
	RESOLVED      (Finn/Maitra)
12781	That Council grant development consent to Development Application No DA/534/2011 for internal and external alterations and additions to an existing restaurant and signage on land at 315 Church Street, Parramatta subject to conditions contained within Attachment 1.
	DIVISION      The result being: AYES             The Lord Mayor, Councillor L E Wearne and Councillors P B Barber, J Chedid, G J Elmore, J D Finn, P J Garrard, A Issa, OAM MP, M A Lack, C X Lim, S D Lloyd, P K Maitra and A A Wilson. NOES            None.

Reports - Major Applications

9.1	SUBJECT          163 Carlingford Road, EPPING  NSW  2121 LOT 9 SEC 1 DP1026 (Lachlan Macquarie Ward) DESCRIPTION Demolition, tree removal and construction of a townhouse development comprising 2 buildings containing a total of 5 units over basement carparking. REFERENCE   DA/345/2011 - 24 May 2011 APPLICANT/S  JS Architects Pty Ltd OWNERS          Mr G J Goode and Mrs M V Goode REPORT OF     Manager Development Services REASON FOR REFERRAL TO COUNCIL                             This application is referred to Council for determination due to the down zoning of the site to R2 Residential under Parramatta LEP 2011.
	RESOLVED      (Lim/Barber)
12782	(a)     That Council as the consent authority, grant development consent to Development Application No. 345/2011 for demolition, tree removal and construction of a townhouse development comprising 2 buildings containing a total of 5 units over basement carparking on land at 163 Carlingford Road, EPPING  NSW  2121 subject to the conditions contained within Attachment 1.  (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, J Chedid, G J Elmore,  J D Finn, P J Garrard, A Issa, OAM MP, M A Lack, C X Lim, S D Lloyd and P K Maitra. NOES            Councillor A A Wilson.

9.2	SUBJECT          399 Victoria Road, Rydalmere (Lots 1-3 DP 128376) (Elizabeth Macarthur Ward) DESCRIPTION Construction of a boarding house. REFERENCE   DA/121/2011 - Submitted 10th March 2011 APPLICANT/S  Revelop Projects P/L OWNERS          Revelop Projects P/L REPORT OF     Manager Development Services. Also Team Leader Development and Certification Memorandum dated 14 November 2011. REASON FOR REFERRAL TO COUNCIL                             The application is referred to Council as it proposes a Boarding House and due to the number of submissions received.
	MOTION             (Wilson/Finn)
	(a)      That Council as the consent authority grant development consent to Development Application No. 121/2011 for the construction of a boarding house containing 10 suites on land at 399 Victoria Road subject to the conditions contained within Attachment 1 and the following additional conditions:- 1          All first floor windows to be made opaque with angled louvers that allow passive solar access but obstruct views both into and out of the first floor windows. 2          The relocation of the garbage bays to the western side of the property. Amended plans required to be prepared showing the relocated garbage area prior to the release of the construction certificate. 3          An on site manager be present on the premises from day one. 4          That each unit be separately leased to each separate occupant.  (b)     Further, that the persons who lodged an individual submission be advised of Council’s determination of the application.
	FORESHADOWED MOTION             (Chedid/Lim) That the application be refused for the following reasons:- 1.        The proposal is inconsistent with the existing low density residential character of the area. 2.        The proposal will have adverse impacts on the character of the area. 3.        The proposal will have adverse impacts on traffic in the locality. 4.        The proposal will have unacceptable social impacts on the locality.
12783	The motion was put and carried.
	DIVISION      The result being: AYES             The Lord Mayor, Councillor L E Wearne and Councillors P B Barber, G J Elmore, J D Finn, A Issa, OAM MP, M A Lack, P K Maitra and A A Wilson. NOES            Councillors J Chedid, P J Garrard, C X Lim and S D Lloyd.

9.3	SUBJECT          37 Midson Road (Former Eastwood Brickpit) Eastwood. (CP 1 DP 270605) (Lachlan Macquarie Ward) DESCRIPTION Construction of 9 dwellings REFERENCE   DA/524/2011 - 29 July 2010 APPLICANT/S  AVJBOS Eastwood Developments Proprietary Limited OWNERS          AVJBOS Eastwood Developments Proprietary Limited REPORT OF     Manager Development Services REASON FOR REFERRAL TO COUNCIL                             The application is brought to Council for determination due to variations of greater than 10% to Clause 38 and Clause 40 under LEP 2011.
	RESOLVED      (Elmore/Lim)
12784	(a)      That pursuant to Section 80(1) of the Environmental Planning and Assessment Act, 1979 the application be approved subject to conditions. (b)      That Council support the variation to Clause 38 and Clause 40 of the PLEP 2001 under the provisions of SEPP 1. (c)       Further, that Council as the consent authority grant development consent to Development Application No. DA/524/2011 for the Stage 3 Part 3.1 construction of 9 dwellings fronting Carrington Parade on proposed lots 25-28, Cavan Drive on lots 29-31 and Avondale Way on lots 32-33 at No. 37 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 outlined in the report.
	DIVISION      The result being: AYES             The Lord Mayor, Councillor L E Wearne and Councillors P B Barber, J Chedid, G J Elmore, J D Finn, P J Garrard, A Issa, OAM MP, M A Lack, C X Lim, S D Lloyd and P K Maitra. NOES            Councillor A A Wilson.

9.4

SUBJECT          153 Pennant Parade, EPPING (Lot B DP 381653)

DESCRIPTION Section 96(2) application to modify Development Consent No. DA/231/2006 (staged dual occupancy development). The modifications include:
1. Provision of an additional bedroom to each dwelling (total 4);
2. Changes to the building footprint;
3. Changes to the external facade including the provision of additional windows; and
4. Changes to external finishes.

REFERENCE   DA/231/2006/A - Lodged 7 September 2011

APPLICANT/S  Beaini Projects Pty Ltd

OWNERS          Mrs J S Ward-Carrington

REPORT OF     Manager Development Services

REASON FOR REFERRAL TO COUNCIL

                            The application is referred to Council as the original application was determined at Council on 11 September 2006.

RESOLVED      (Garrard/Issa OAM MP)

12785

That Council as the consent authority, modify development No. 231/2006 in the following manner:

Amend condition No. 1 in the following manner:

Stage 2

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, streetscape, subdivision plan Drawing #1 of 3 Issue A Prepared by idraft	2/07/2011
Floor plans, elevation and section Drawing #2 of 3 Issue A Prepared by idraft	2/08/2011
Site analysis, shadow diagram, sediment control and waste management plan. Drawing #3 of 3 Issue A Prepared by idraft	2/08/2011
Subdivision 2 Plan prepared by Jim Watt-Smith Architecture and Planning Job No. 06-01 Sheet A010 Issue A	28 February 2006
Landscape Plan prepared by Monaco Designs Job No. 1575 Sheet 1 of 1	23 March 2006
Hydraulic details Job No. 12942 Sheet hydraulics – 1	9 March 2006
Hydraulic details Job No. 12942 Sheet hydraulics – 2	9 March 2006

Document(s)	Dated
Statement of environmental effects	12 march 2006
Statement of environmental effects S96	26 august 2011
Colour Schedule	24 August 2011
Waste Management Plan	10 March 2006
Basix Certificate No. 392575M	23 August 2011

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

Note:               Further information on Construction Certificates can be obtained by contacting Customer Service on 9806 5602.

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

DIVISION      The result being:

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

NOES            None.

9.5	SUBJECT          171 Victoria Road, Parramatta (Lot 100 DP816829, Lot 101 DP 816629) (Elizabeth Macarthur Ward) DESCRIPTION Upgrade of UWS Parramatta campus including demolition of existing outdoor cafe, landscape works including tree removal and upgrading of pedestrian zones, internal road, realignment and upgrading of internal drop off and bus zones, feature lighting and directional signage throughout new pedestrian areas. The proposal is a nominated Integrated Development under the Heritage Act 1977. REFERENCE   DA/224/2011 - 14 April 2011 APPLICANT/S  University of Western Sydney OWNERS          Department of Sustainable Natural Resources REPORT OF     Manager Development Services. Also Development Assessment Officer Memorandum dated 14 November 2011. REASON FOR REFERRAL TO COUNCIL                             The site (the former Rydalmere Hospital and Female Orphan School) is listed in Part 2, Schedule 6 of Sydney Regional Environmental Plan No. 28 (Parramatta) as an item of heritage significance.
	RESOLVED      (Issa OAM/Maitra)
12786	That Council as the consent authority grant development consent to Development Application No. 224/2011 for the upgrade of UWS Parramatta campus including demolition of existing outdoor cafe, landscape works including tree removal and upgrading of pedestrian zones, internal road realignment and upgrading of internal drop off and bus zones, feature lighting and directional signage throughout new pedestrian areas subject to obtaining concurrence from the University of Western Sydney for the conditions contained within Attachment 1 as required under Section 89 of the EP & A Act 1979 subject to the following amendments as outlined in Development Assessment Officer Memorandum dated 14 November 2011:- · Condition 11 is to be amended to read: 11. A monetary contribution comprising $818.65 is payable to Parramatta City Council pursuant to Section 94A of the Environmental Planning and Assessment Act, 1979 and the Parramatta Section 94A Development Contributions Plan. Payment must be by cash, EFTPOS, bank cheque or credit card only. The contribution is to be paid to Council prior to the commencement of works. At the time of payment, the contribution levy will be indexed quarterly in accordance with movements in the Consumer Price Index (All Groups Index) for Sydney issued by the Australian Statistician. Parramatta City Centre Civic Improvement Plan (Amendment No. 1) can be viewed on Council’s website at: http://www.parracity.nsw.gov.au/build/forms_and_planning_controls/developer_contributions Reason for amendment: As the application relates to an education service, Council may only collect development contributions for ‘drainage’ and ‘traffic works’ (where traffic works are near the entrance to the site). However as Council’s contribution plan does not include works associated with traffic improvements to the UWS entrance, no levy can be imposed. In respect to the drainage works, Council may only collect contributions for ‘Drainage Improvement’, ‘Catchment Management’ and ‘Flood Prone Property acquisition’. However, neither 'Catchment Management' or 'Flood Prone Property acquisition' works proposed by the plan are in the vicinity of the UWS site. Accordingly, it is considered equitable that Council only seek contributions for the 'drainage improvement' component of the works plan. The total value of drainage improvement component of the works programme is $785,000 over a total works programme value of $20,042,000, equating to 3.917%. Accordingly, it would be reasonable for Council to seek a contribution equal to 3.917% of the $20,900 would have otherwise been levied (being $818.65). · Condition 12 is to be amended to read: 12. Detailed final storm water plans shall ensure that: a. The final construction drainage plans indicate the existing OSD tank 2, which is to be demolished. Any stormwater connections associated with the existing detention tank are appropriately isolated from the existing tank and connected into an alternative OSD system. b. Any discharge from the existing OSD tank (after demolishing the OSD tank) will not be permitted directly into the trunk drainage system without OSD control measures. In this regard, a new OSD system shall be designed to compensate for the loss of the OSD volume. Any stormwater connection associated with the existing OSD tank 2( to be demolished) shall be appropriately connected to this new OSD system and details shall be submitted to the Principal Certifying Authority for approval. c.                     The proposed alternative On-Site Detention (OSD) System has been designed by a suitably qualified Hydraulic Engineer, in accordance with the Upper Parramatta River Catchment Trust “On-Site Detention Handbook” and Council’s Drainage Code E4 and stormwater Drainage Guidelines. d.         The design achieves: · a Site Storage Requirement of 285 m3/ha and a Permissible Site Discharge of 160 L/s/ha (as per 3^rd edition of UPRCT’s handbook) Or · When using the Extended/Flood detention method (4^th edition of UPRTC’s handbook), the Site Reference Discharge (Lower Storage), SRDL of 40 l/s/ha, Site Storage Requirement (Lower Storage) SSRL of 262 m3/ha and Site Reference Discharge (Upper Storage), SRDU of 150 l/s/ha, Site Storage Requirement (Total) SSRT of 415 m3/ha as per the submitted OSD calculation.             Detailed drainage plans with cross sectional details of OSD storage areas; pits etc, OSD Detailed Design Submission and OSD Detailed Calculation Summary Sheet are submitted and are acceptable. Reason:     To minimise the quantity of storm water run-off from the site, surcharge from the existing drainage system and to manage downstream flooding. Reason for amendment: The entitlement of parties other than the University to utilise the capacity of the existing drainage infrastructure situated on the University campus is currently undetermined. Until resolved, any wording which suggests an entitlement that is yet to be confirmed is to be removed from the condition. · The following condition is to be included and to immediately follow Condition 12. Condition 12(a) is to read: In the event that OSD Tank 2 is to be retained, Condition 12 does not need to be complied with. Reason for inclusion: The existing OSD arrangement adequately meets the drainage requirements of the development and the University wishes to retain the option of retaining the infrastructure in its current location. · Condition 13 is to be DELETED. Reason for deletion: As Council cannot provide data in relation to the 1 in 20 year flood event, it would be inequitable to expect the applicant to adhere to this condition. A Subsequent condition (Condition 35 – as amended) relating to the preparation of detailed designs of the internal road drainage that capture and safely convey the 1 in 20 year ARI peak storm will be submitted to Council for review which should also cover the requirements under this condition. · Condition 23 is to be DELETED. Reason for deletion: The roundabout was also designed with a ‘roll over’ surface to accommodate through traffic of larger vehicles such as service, delivery and emergency vehicles. Accordingly, Condition 23 is not necessary given that the design of the roundabout allows for appropriate manoeuvrability of most vehicle types. · Condition 29 is to be amended to read: 29.      The existing historic sandstone blocks in kerb along The Avenue should be retained in situ wherever possible, and where they need to be removed they should be carefully removed and stored on-site at the Parramatta South Campus. Reason for amendment: The campus has the capacity to provide the necessary storage space to ensure the careful storage of the historic sandstone blocks. In this regard, on-site storage at the UWS campus is considered acceptable. · Condition 30 is to be amended to read: 30.      The applicant shall be satisfied that the position of the proposed road will not result in a reduction in flood storage in the oval detention basin. Reason for amendment: The applicant maintains that the existing campus drainage infrastructure is adequate and that the above condition requires the applicant to maintain an appropriate level of flood storage within the oval detention basin. · Condition 31 is to be amended to read: 30. A hydrological catchment analysis will need to be undertaken to determine the total flows within the overland flow area for the 1 in 20 and 1 in 100 year ARI peak design storm events. The catchment analysis is to be limited to the extent of the approved works. This hydrological modelling can be undertaken using the DRAINS program. A hard copy of the results and an electronic copy of the DRAINS model is to be submitted to Council for review. Reason for amendment: As the application relates to modifications within a particular portion of the campus, it would be unnecessary to provide an analysis of total flows within the overland flow area. Instead, the applicant is required to provide a catchment analysis which is limited to the extent of the works subject to this development application. · Condition 32 is to be amended to read: 31. A post hydraulic analysis using a tool such as HEC-RAS is to be undertaken to determine the extent and depth of the overland flow path along the proposed development area. A hard copy of the results and an electronic copy of the model are to be submitted to Council for review. Reason for amendment:  It is considered that a pre-hydraulic analysis of the extent and depth of the overland flow path is unnecessary and that a post-hydraulic assessment would be allow an improved understanding of the impacts on the overland flow path as it relates to the works that is subject of this application. It is also noted that the applicant wishes to consider modelling options which should provide the same results and information as provided by HEC-RAS. · Condition 35 is to be amended to read: 35.      A detailed design of the internal road drainage (which can assume that the trunk stormwater main has been adequately design) together with associated drainage calculations and longitudinal drawings of the proposed road drainage system needs to be prepared and submitted to Council for review. The road drainage system will need to be designed to capture and safely convey the 1 in 20 year ARI peak design storm. This should be provided and approved prior to the commencement of construction. Reason for amendment: As Council cannot provide data in relation to the 1 in 20 year flood event, it would be inequitable to expect the applicant to adhere to this condition.
	DIVISION      The result being: AYES             The Lord Mayor, Councillor L E Wearne and Councillors P B Barber, J Chedid, G J Elmore, J D Finn, P J Garrard, A Issa, OAM MP, M A Lack, C X Lim, S D Lloyd, P K Maitra and A A Wilson. NOES            None.

9.6	SUBJECT          1 Nirvana Street, Pendle Hill (Lot 6 DP 16541) (Arthur Phillip Ward) DESCRIPTION Section 96(AA) application to modify a Land and Environment Court approval for the use of the premises as a brothel. The modification seeks approval to delete Condition 2 which requires the use to cease on 9 December 2011 (being two years from the commencement of the use.) REFERENCE   DA/5/2008/B - 11 August 2011 APPLICANT/S  U Huang OWNERS          Mr Giuseppe Murdocca REPORT OF     Manager Development Services REASON FOR REFERRAL TO COUNCIL                             The section 96(A)(A) modification relates to a brothel.
	RESOLVED      (Finn/Elmore)
12787	(a)      That Council as the consent authority, refuse to modify development consent No. 5/2008 by the removal of Condition 2 which refers to a trial period for a brothel for the following reasons: 1.            The operation of the brothel has failed to comply with the Court imposed conditions of consent for DA/5/2008.  2.            The continued operation of the brothel would have detrimental social impact on surrounding properties. 3.            The modification for the continued operation of the brothel is not in the public interest. (b)     That the objectors be advised of Council’s decision. (c)       Further, that this development application and report be referred to the NSW Minister For Planning as additional evidence that the Disorderly Persons Act 1995 and Restricted Premises Act 1943 and local councils are ineffective instruments in  regulating brothels especially when it does not take into consideration the owner and/or operators’ background and competence.
	NOTE:       Councillor A Issa, OAM, MP left the meeting at 7.38 pm and returned at 7.39 pm during consideration of this matter.
	DIVISION      The result being: AYES             The Lord Mayor, Councillor L E Wearne and Councillors P B Barber, J Chedid, G J Elmore,  J D Finn, P J Garrard, A Issa, OAM MP, M A Lack, C X Lim, S D Lloyd, P K Maitra and A A Wilson. NOES            None.

9.7	SUBJECT          40-46 Alice Street, Harris Park (Lot 212 DP 1117339) (Elizabeth Macarthur Ward) DESCRIPTION Section 96 (1A) to a 3 storey community facility containing 4 retail shops and Parish centre over a basement carpark. Consent is sought for the deletion of condition 32A and the refund of the section 94A contributions. REFERENCE   DA/884/2008/D - Submitted 26 May 2011 APPLICANT/S  Trustees Of Roman Catholic Church OWNERS          Trustees Of Roman Catholic Church REPORT OF     Manager Development Services REASON FOR REFERRAL TO COUNCIL                             The application has been referred to Council as the proposed waiving of development contributions has policy implications.
	MOTION             (Lack/Elmore)
	That Council, as the consent authority, refuse the request to delete Condition No. 32A of Development Consent No. 884/2008 for the following reasons: 1.        The modification application cannot be legitimately used to remove a consent condition requiring the payment of a development contribution where the consent has already been activated. 2.        The proposed modification to Condition 32A is contrary to the requirements of Council's Section 94A contributions plan as the development does not fall under a category of development that is exempt from the Section 94A levy. 3.        The proposed modification would set an undesirable precedent for all future development within the Parramatta Local Government Area that is subject to Section 94 levies. 4.        The proposed modification would undermine the integrity of Council's Section 94A contributions plan. 5.        The proposed modification is not in the public interest.
	FORESHADOWED MOTION             (Issa,OAM/Chedid) That the request be granted.
12788	The motion was put and carried.
	DIVISION      The result being: AYES             The Lord Mayor, Councillor L E Wearne and Councillors P B Barber, G J Elmore, J D Finn, P J Garrard, M A Lack, P K Maitra and A A Wilson. NOES            Councillors, J Chedid, A Issa, OAM, MP, C X Lim and S D Lloyd.

Economy and Development

10.1	SUBJECT          Variations to Standards under SEPP 1 REFERENCE   F2009/00431 - D02138472 REPORT OF     Manager Development Services
	RESOLVED      (Chedid/Lim)
12789	That the report be received and noted.

10.2	SUBJECT          Report on options for future economic development of Parramatta and Western Sydney. REFERENCE   F2011/02463 - D02143298 REPORT OF     Business and Development Manager. Economic Development
	RESOLVED      (Chedid/Wilson)
12790	(a)       That Council endorse the Ernst & Young report to be used as a basis for advocacy meetings with Infrastructure NSW, Infrastructure Australia and other government departments. (b)       That a report be provided to Council on the make up of the task force. (c)        That in view, of the recommendation of the Ernst and Young report, and the O’Farrell government’s commitment to move public servants to western Sydney, PCC develop a report on an implementation and advocacy plan to attract State Government Departments. This report to examine:- 1.  A systematic approach to lobby the NSW Government. 2. The scope for amending density of the Civic Place precinct and City Centre with a view to accommodating a potential expansion of the height and floor space ratio in line with state government’s needs. 3. Prepare a program regarding specific State Government departments to lobby. 4. Examine the scope for the involvement of the Chairman of the Economic Development Forum. 5. Examine the potential for advertising or the employment of professional lobbyists. 6. The formation of a separate sub committee to guide this process and the composition of the sub committee. (d)      Further, that the Minister for Western Sydney and all Western Sydney State and Federal MPs be requested to lobby the government on behalf of Council with respect to this matter.
	NOTE:       Councillor M A Lack left the meeting at 8.13 pm and returned at 8.14 pm during consideration of this matter.

CLOSED SESSION
	RESOLVED      (Lack/Elmore)
12791	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       Legal Matters Monthly Report to Council. (D02138480) - This report is confidential in accordance with section 10A (2) (g) of the Local Government Act 1993 as the report contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

2       Parramatta Design Excellence Advisory Panel. (D02092797) - 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.

3       Compulsory Acquisition – Argyle and Wentworth Streets, Parramatta - This report is confidential in accordance with section 10A (2) (c) of the Local Government Act 1993 as the report contains advice that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business.

NOTE:                 Councillor P B Barber retired from the meeting at 8.45 pm during Item 11.3 of Closed Session.

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

11.1	SUBJECT          Legal Matters Monthly Report to Council REFERENCE   F2004/07898 - D02138480 REPORT OF     Manager Development Services
	RESOLVED      (Barber/Issa OAM)
12792	That the report be received and noted.

11.2	SUBJECT          Parramatta Design Excellence Advisory Panel REFERENCE   F2011/00990 - D02092797 REPORT OF     Manager Development Services
	RESOLVED      (Chedid/Lloyd)
12793	That consideration of this matter be deferred for 2 weeks.

11.3	SUBJECT          Compulsory Acquisition - Argyle and Wentworth Streets, Parramatta REFERENCE   F2004/07782 FROM                 The Lord Mayor, Councillor Lorraine Wearne
	RESOLVED      (Wearne/Maitra)
12794	(a)      That Council authorises the Chief Executive Officer to progress negotiations with the Transport Construction Authority in order to reach a settlement of the claim for the compulsory acquisition of a Council-owned property. (b)      Further, that Council authorises the Chief Executive Officer to sign all deeds and any other supplementary documents to formally record the resolution of the claims referred to in this minute and within the financial parameters outlined in this minute.

The meeting terminated at 8.50 pm.

THIS PAGE AND THE PRECEDING 18 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON MONDAY, 14 NOVEMBER 2011 AND CONFIRMED ON MONDAY, 28 NOVEMBER 2011.

Lord Mayor