MINUTES OF THE Meeting of Parramatta City Council HELD IN THE Council Chamber, CIVIC PLACE, PARRAMATTA ON Monday, 12 December 2011 AT 6.46 pm
The Lord Mayor, Councillor L E Wearne in the Chair and Councillors P B Barber (arrived 6.50 pm, retired 9.46 pm), 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 (arrived 6.47 pm), M D McDermott and A A Wilson (Deputy Lord Mayor).
MINUTES
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SUBJECT Minutes of the Council Meeting held on 5 December 2011 |
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RESOLVED (Chedid/Wilson)
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That the minutes be taken as read and be accepted as a true record of the Meeting. |
APOLOGIES
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RESOLVED (Lloyd/Esber)
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That an apology be received and accepted for the absence of Councillor C X Lim.
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DECLARATIONS OF INTEREST
Councillor A A Wilson declared a non pecuniary interest in relation to Item 8.14 of Economy and Development regarding 63 Victoria Road, Parramatta (Minute No. 12881) as Councillor Wilson has known the applicant for a number of years. Councillor Wilson did not intend to retire from the Chamber during consideration of this matter.
NOTE: Councillor P K Maitra arrived at the meeting at 6.47 pm during consideration of this matter.
MINUTES OF THE LORD MAYOR
PUBLIC FORUM
Economy and Development
8.1 |
SUBJECT 306 Church Street, Parramatta DESCRIPTION Alterations & additions to a heritage listed building including fitout and use of the first floor as a restaurant, works to the roof top to accommodate the restaurant seating, a roofed bar area and fitout of part of the ground floor as a cafe with associated signage. REFERENCE DA/566/2011 - Submitted 16 August 2011 APPLICANT/S Dyldam Developments Pty Ltd OWNERS C16 Pty Limited REPORT OF Manager Development Services REASON FOR REFERRAL TO COUNCIL The application is being referred to Council for determination as the proposal involves structural works to a heritage item. |
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RESOLVED (Esber/Barber)
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That Council as the consent authority grant development consent to Development Application No. 566/2011 for the alterations and additions to a heritage listed building including fitout and use of the first floor as a restaurant, creation of a roof top terrace and bar area including an access stair, deck and vergola, and works to the ground floor to facilitate access to the first floor on land at 306 Church Street, Parramatta subject to conditions contained within Attachment 1.
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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.
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8.7 |
SUBJECT 255 Victoria Road, Rydalmere (Lots 37 & 38 DP 14244) (Elizabeth Macarthur Ward) DESCRIPTION Occupation of level 1 of an approved building footprint as a food court containing 3 food/drink tenancies and a seating area. REFERENCE DA/376/2011 - Lodged 7 June 2011 APPLICANT/S Mr Franz Boensch OWNERS Mr Franz Boensch REPORT OF Manager Development Services. Also Creative Planning Solutions letter dated 9 December 2011. REASON FOR REFERRAL TO COUNCIL A previous report on this application was considered at the 12 September 2011 Council Meeting. Council resolved at its meeting to defer the matter and provide the applicant 30 days to lodge the requested information. Additional information was submitted to Council on 25 September 2011. |
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RESOLVED (Bide/Esber)
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That Development Application 376/2011 for occupation of level 2 of an approved development as a food court containing 2 food and drink tenancies and an internal seating area on land at 255 Victoria Road, Rydalmere (Lots 37 & 38 DP 14244) be refused for the following reasons: 1 The proposed development will have unacceptable impacts on the surrounding area as it fails to provide on site car parking to meet the requirements of the development. 2 The proposed development is considered to be an overdevelopment of the site. 3 The application has failed to provide sufficient information to enable a proper assessment of the proposal, in particular how the development will manage the storage and disposal of solid and liquid wastes. 4 The application has failed to provide sufficient information to enable a proper assessment to be made against the requirements of Council’s Local Floodplain Risk Management Policy, particularly evacuation and flood awareness issues. 5 The development that this application seeks approval for warrants the submission of a new development application for the entire building. 6 The proposed development is not in the public interest.
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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, M A Lack, S D Lloyd, P K Maitra, M D McDermott and A A Wilson.
NOES Councillor A Issa, OAM, MP.
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8.13 |
SUBJECT Variations to Standards under SEPP 1 REFERENCE F2009/00431 - D02177111 REPORT OF Manager Development Services |
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RESOLVED (Barber/Elmore)
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That the report be received and noted.
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8.14 |
SUBJECT 63 Victoria Road, Parramatta DESCRIPTION Demolition, tree removal, retention of the existing heritage listed building and construction of a 2 storey infill affordable housing development under SEPP (Affordable Rental Housing) 2009 over basement car parking with strata subdivision into 15 lots. REFERENCE DA/40/2011 - 1 February 2011 APPLICANT/S Benjamin Barrak OWNERS Barrak Corporation Pty Ltd REPORT OF Manager Development Services. Also Senior Development Assessment Officer Memorandum dated 9 December 2011. 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. |
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RESOLVED (Esber/Chedid)
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That the application be approved subject to the conditions contained within Schedule 2 of the recommendation section of Attachment 1 with the following modifications to the conditions:
Condition 1 to be modified as follows:
1. The development is to be carried out in accordance with the following plans endorsed with Council’s Stamp as well as the documentation listed below, except where amended by other conditions of this consent:
Note 2: In the event of any inconsistency between the architectural plan(s) and the landscape plan(s) and/or stormwater disposal plan(s) (if applicable), the architectural plan(s) shall prevail to the extent of the inconsistency. Reason: To ensure the work is carried out in accordance with the approved plans.
Condition 6 to be amended to read as follows:
6. Trees to be removed are:
Reason: To confirm the trees to be removed.
Replacement of Condition 7 with the following (original recommended in error):
7. All roof water and surface water is to be connected to an approved drainage system complying with Council’s specifications and policy requirements. In this regard, the applicant shall comply with the following:
Prior to the issue of Construction Certificate, an amended drainage plan shall be prepared by a practicing qualified drainage engineer, showing the connection of the site stormwater discharge pipe into the existing stormwater system in Victoria Road, with section detail and longitudinal section for the existing and proposed pipeline and pits in the street with relative surface/invert levels and grades.
This amended drainage plan shall be submitted to the satisfaction and approval of Council’s Civil Infrastructure Unit prior to the issue of a Construction Certificate; in relation to the stormwater drainage pipe and associated works in the street.
The stormwater design is to consider the following matters:
· The stormwater system within the site shall comply in general with the stormwater concept plans Issue C prepared by TAAB Consulting P/L dated 8/09/2011. · The drainage engineer shall ensure that there shall not be a conflict between the approved architectural plans and the concept drainage plans in particular to the final surface levels above the on-site detention tank. · The site stormwater discharge pipe shall not connect against the flow in the exiting stormwater system. · The design is to demonstrate on plan the detail of the grated pit type in the road.
Note: Any civil construction works in the road requires the Road and Traffic Authority (RTA) approval prior to any excavation or construction. Reason: To ensure satisfactory stormwater disposal.
Re-number the following Condition 7 to Condition 7(a) to correct an error in numbering:
7(a). If no retaining walls are marked on the approved plans no approval is granted as part of this approval for the construction of any retaining wall that is greater than 600 mm in height or within 900 mm of any property boundary. Reason: To minimise impact on adjoining properties.
Conditions 84(a) and 84(b) being added to read as follows:
84(a). The trees identified on the endorsed plans as being retained shall be protected prior to and throughout the demolition/construction process in accordance with the Tree Management Plan contained within the arborist report prepared by Horticultural Management Services dated 7 December, 2011 and the relevant conditions of this consent. Reason: To ensure the protection of the tree(s) to be retained on the site.
84(b). All excavation within 3m from the trees located within the Bill Thompson Reserve is to be supervised by an AQF Level 3 arborist, who is to undertake remedial work, if necessary. Reason: To provided adequate protection of trees
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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.
Note Councillor A Wilson had previously declared a non pecuniary interest in this matter as he has known the applicant for a number of years.
Councillor Wilson did not retire from the meeting during consideration of this matter.
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Environment and Infrastructure
Community and Neighbourhood
ADJOURNMENT OF MEETING
In accordance with Council's decision of 23 October 2000 (Minute No 5712) the meeting adjourned at 9.04 pm for a period of 14 minutes.
RESUMPTION OF MEETING
The meeting resumed in the Council Chamber at 9.18 pm, there being in attendance 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, M A Lack, S D Lloyd, M D McDermott, P K Maitra and A A Wilson.
Governance and Corporate
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Members of the press and public be excluded from the meeting of the Closed Session and access to the correspondence and reports relating to the items considered during the course of the Closed Session be withheld. This action is taken in accordance with Section 10A(2) of the Local Government Act, 1993 as the items listed come within the following provisions:- |
1 Tender No. 16/2011 - Supply, Implementation and Support of a Library Management System. (D02155457) - This report is confidential in accordance with section 10A (2) (c) of the Local Government Act 1993 as the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.
2 Tender 20/2011 16 Buckleys Road, Winston Hills – Stormwater Drainage Works. (D02170522) - 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 Tender 22/2011 Loftus Street Bend, Merrylands – Pavement Adjustment, Landscaping and Traffic Management Improvements. (D02171313) - 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 Tender 24/2011 Epping Town Centre Upgrade – Stage 1 – Corner of Beecroft Road, Bridge and High Streets Epping - Footpath Pavement Upgrade. (D02174830) - 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.
5 Riverside Advisory Board. (D02183147) - 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.
6 Tender for the Provision of Local Advertising Services (Tender No. 26/2011). (D02177474) - 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.
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That the decisions of Closed Session be noted as follows:- |
FURTHER ITEM
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SUBJECT Merry Christmas and Happy New Year REFERENCE F2008/04592 FROM Councillor Paul Garrard |
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That all staff be wished a Merry Christmas and a safe and Happy New Year.
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The meeting terminated at 10.36pm.
RESCISSION MOTION
The Lord Mayor, Councillor L E Wearne advised that a Notice of Motion, signed by Councillors J D Finn, P K Maitra and P Esber, to rescind the following item had been received immediately following the termination of the meeting:-
1 Item 11.2 of Governance and Corporate regarding Adoption of Changes to Council's Ward Boundaries for Exhibition (Minute No 12894 refers).
THIS PAGE AND THE PRECEDING 35 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON MONDAY, 12 DECEMBER 2011 AND CONFIRMED ON MONDAY, 13 FEBRUARY 2012.
Lord Mayor