MINUTES OF THE Meeting of Parramatta City Council HELD IN THE Council Chamber, CIVIC PLACE, PARRAMATTA ON Monday, 5 December 2011 AT 6.45 pm

PRESENT

The Lord Mayor, Councillor L E Wearne in the Chair and Councillors P B Barber (arrived 6.47 pm – retired at 8.44 pm), A Bide, J Chedid, G J Elmore, P Esber, J D Finn, P J Garrard, M A Lack, C X Lim, S D Lloyd, P K Maitra, M D McDermott and A A Wilson (Deputy Lord Mayor – retired 9.35 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

1	SUBJECT          Minutes of the Council Meeting held on 28 November 2011
	RESOLVED      (Barber/Lim)
12837	That the minutes be taken as read and be accepted as a true record of the Meeting.

APOLOGIES

	RESOLVED      (Chedid/Esber)
12838	That an apology be received and accepted for the absence of Councillor A Issa, OAM, MP.

DECLARATIONS OF INTEREST

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

MINUTES OF THE LORD MAYOR

1	SUBJECT          Update on Big Ideas for Parramatta and the Region REFERENCE    F2011/03613 FROM                 The Lord Mayor, Councillor Lorraine Wearne
	RESOLVED      (Wearne/Esber)
12839	(a)      That Council endorses an amendment to one of the ideas included in the Big Ideas for Parramatta proposal, adding to a heavy rail solution a light rail solution as part of a Western Sydney Light Rail Network, and including the investigation for alternative routes. (b)      Further, that a copy of the Lord Mayoral Minute be forwarded to the Federal Member for Parramatta and federal funding be sought.
	NOTE:       Councillor P B Barber arrived at the meeting at 6.47 pm during consideration of this matter.

Public Forum

6.1	SUBJECT          River Road, Heritage, Height and RL14 REFERENCE    RZ/6/2010 - D02170065 FROM                 Mr Peter Kampfner
12840	As submitted in writing:- “Dear Councillors, This issue is not about preserving heritage items. We all want to see heritage items preserved. It is about whether the River Road project can be developed without impacting on heritage items. That raises three questions: Heritage, Height and Public Benefit. Heritage: 1         Preservation of the “Valley Feel”. “How Green is my Valley” is long gone. Once cows grazed here and people fished by the jetty. The valley is now predominantly built up urban area of houses, factories and flats. In addition the Morton St project has now seen the advent of high rise development in the valley directly opposite River Road. 2         Preservation of “Lines of Sight”. What happens if nothing can be seen? (a)    Elizabeth Farm is surrounded by a “curtilage” (curtain) of high trees. The same trees that preserve the ambience inside Elizabeth Farm also prevent ANY view of Elizabeth Farm from outside. Lines of sight are not a major issue as we can incorporate view corridors in the design where applicable. (b)    There is a very real concern that tall buildings will visually intrude on Elizabeth Farm. As River Road is at a lower RL and 3/4 of a kilometre away it will not be visible from inside Elizabeth Farm. A montage and cross section clearly shows that is the case. 3       Preservation of a “Buffer Zone”. What exactly is being protected? Elizabeth Farm was the first farm grant in NSW. Heritage has therefore designated this area as an Area of National Significance. The original grant went from the current cottage towards Granville. It never went to the river. Elizabeth Farm is now only 5,300 m². The buffer zone is 955,000 m². We are suggesting this to be reduced by 18,000 m².  Why is Height critical? 1         A previously discussed the project needs a strong insitu population to ensure the success of the retail component as a 7 day trader. 2         For items outlined in the economical report, namely the cost of land dedication, contributing to the bridge, building the foreshore park, paying for traffic lights, and building an underground riverside car park requiring “tanking” construction, it is not economically feasible in low rise. Net Public Benefit: 1         Opening up the riverfront link between the CBD and the University of Western Sydney. 2         Developing an exciting and vibrant riverfront environment. 3         Improving the quality of life for the people of Parramatta. Summation: In the end this project will not impact on any heritage items. We don’t overshadow Elizabeth Farm, the project cannot be seen from it, and we will put in place view corridors where applicable. Surely heritage is for the people. It needs to be seen, understood and appreciated. We all want to save heritage items, but do you want to save ridge lines, sights you can’t see, valleys long gone and land grants fully built on. River Quay will open up the Riverlink for the people of Parramatta and be appreciated by countless thousands now and in the future.”
	NOTE:       Councillor C X Lim left the meeting at 7.12 pm and returned at 7.20 pm during consideration of this matter.

2	SUBJECT          Key to Making Parramatta No. 1 REFERENCE    F2011/03474 FROM                 Jennifer Holt - Alexander
	“The Vision is a beautiful partnership that brings unity and prosperity for Parramatta.  Where our fore bearers, children, me and you would be the role models to create a culturally diverse and intricate model that reflects who we are…..  My name is Jennifer Holt-Alexander. Business owner &, CEO of NMN Indigenous Corporation  and I am here today to share with ‘A Vision’ that will be the key to making Parramatta No#1 and the Flagship Cultural Institution of Sydney, Australia. The opportunity for Parramatta is to create ‘The first of it’s kind’ Arts & Cultural Precinct at Rangihou Parramatta and hold a Bicentennial Celebration - Opening Day 22^nd August 2014. This date is significant as it is the date that three Maori Chiefs came to Rangihou Parramatta in 1814 by invitation by the Rev. Samuel Marsden. Whilst here, the Three Maori Chiefs made a unifying pact and partnership with the colonists and importantly with the Aboriginals of NSW. The development of this project requires three parcels of land; Rangihou Reserve, Baludurri Wetlands and the Parramatta City Council Depot. For you, imagine this…..coming up the Parramatta river on a ferry and being greeted in the Maori and Aboriginal traditional way as never experienced before in Australia. We the people will then take you on a spiritual journey where you will see story tellers, traditional carved structures, live and active cultural performances venturing into a spiritual retreat of Master Carvers and the cultural Arts. You will also eat and experience our traditional foods. Stories from both cultures will be heard and come together at the Maori Meeting house – the prestigious Marae, the first of its kind ever to be built outside of New Zealand. To have this structure here is an incredible honor for Parramatta. To bring us all together in a unique divine partnership of cultures that’s never been seen before. The Cultural Centre will be a symbol of this partnership. This is a very special time in history for you… You will be the role models for cultural diversity that will reflect and brand who we are. ‘Beautiful Parramatta’. How will we together achieve this? 1. This can only be done with Parramatta City Council, Maori and Aboriginal People 2. The three blocks of land 3. Utilisation of all existing structures 4. The training centre for the art schools, Artistic spaces, activities, workshops and employment programs. 5. A prestigious carved Marae, meeting house, the first of its kind in Australia. This spiritual structure of such uniqueness will be a major tourist attraction with more than 2.5 million visitors per year. 6. The cultural centre will be the flagship gallery, exhibition, museum & Art institution. 7. An Indoor and Outdoor Theatre to embrace Colonial History from the 1800’s enhancing Parramatta’s story and historical buildings The benefits for Parramatta vastly exceed any expectations for employment, small business & attracting new residents to the area. International & National Student Exchange programs will also be available and accommodated onsite at the Rangihou Accommodation facilities to be created. I have engaged “The Stafford Group” to project manage this vision. They will work closely with all involved through strategic alliances with various government agencies, the design and roll out the project over the next 3 years. The Strafford Group are world renowned specialists in economic & cultural development, tourism, planning with a point of difference. I have engaged Regency Lawyers Parramatta to facilitate in all legal matters and framework. Also, I have engaged cultural advisors, Maori & Aboriginal Chiefs, master carvers, specialist story tellers to come to Rangihou to make this vision happen. The overall cost for this project is estimated at 25 million which also includes the Bicentennial Celebration Opening Day on the 22^nd August 2014. How will we raise the money? The Stafford Group will work extremely close with Parramatta Council, the NSW State Government and Treasury for avenues of grants, funding & assistance. The Aboriginal Lands Council can also offer Funding & Assistance through various programs. There has been considerable interest and warm commitments from Private Investors for capital raising if necessary. This plan for Beautiful Parramatta ticks all of the boxes for Sustainability, a succession plan and reoccurring revenue through tourism for the future.”
12841	RESPONSE By Mr George Mannix – Project Manager Major Event & Sponsorship:- “1         The proposal is ambitious and there is no doubt that the applicant has invested significant time and effort into preparing the submission. The meeting of Samuel Marsden and the Maori chiefs on the 22^nd August 1814 is an important date in the history of both Australia and New Zealand. 2          Council cannot support a proposal to build tourism infrastructure on public land without, a feasibility study which is a crucial tool in evaluating a project of this magnitude. 3          The establishment of tourism infrastructure at Rangihou Reserve is not considered in Council’s long term planning. 4          The Council depot site cannot be considered in deliberations for any project at or adjacent to Rangihou Reserve. Council has passed a resolution for the site to be sold in order to fund the development of the new operations centre. 5          The estimated cost of the project is $25 million dollars and it appears that no other organisation (State Government, Federal Government, New Zealand Government, or other agencies) has committed funding for the project, nor have any other funding sources been identified for either the capital or operating costs to support the project.  Council encourages the applicant to consult with other community leaders and organisations representing the Maori and New Zealand community to work collaboratively on an event celebrating this important date in Parramatta’s history.”

3

SUBJECT          Development Application - 22 Cowells Lane, Ermington REFERENCE    DA/242/2011 FROM                 Keith Cadogan

12842

STATEMENT By Mr Keith Cadogan:- “The purpose of this submission is to request your support in objecting to the subject development. The main reasons for requesting your support are firstly that the current government has given planning powers back to the local community by abolishing Part 3A Planning Legislation and so legislating that these developments can no longer be approved and secondly, that as reported on page 11 of the Parramatta Advertiser dated August 24, 2011, Parramatta City Council refused seven of these applications, including 14 Fremont Avenue, Ermington, which is in the same neighbourhood and situated some 600 metres from the subject site. A complete list of my objections was conveyed in writing to Parramatta City Council staff and to every Councillor. As stated by Clr Pierre Esber in the newspaper article, the current government has legislated that these developments can no longer be approved. Again as stated in the newspaper article, most Councillors said they had to protect their community, whilst Clr Michael McDermott is quoted as saying that “if we let them build, the people I represent – families – they lose. What we’re seeing is a degradation of building and the city and suburbs of Parramatta.” I must point out that this matter has been under consideration by Council for at least 9 months and last Wednesday I received a letter from Council giving me only 3 days notice of an onsite meeting and only 2 days to make this submission. During this very short timeframe my speed reading of Council’s planning assessment report reveals that the flats would be incongruous because they do not conform with the existing housing in the area, the building would be closer to the alignment than any other dwelling in the street, public transport is inadequate, under any other code 16 car parking spaces would be required instead of 11, it would not be approved under current laws and that Council can refuse it with impunity.”

4	SUBJECT          Development Application - 18 Elder Road, Dundas REFERENCE    DA/454/2010/A FROM                 Mr Bruce Berry
	QUESTIONS By Mr Bruce Berry:- “Lord Mayor, I am speaking on behalf of 8 petitioners who raised concerns about the proposed stormwater easement for 18 Elder Rd Dundas, to be considered at tonight's meeting. The recommendation is for another 6 months to be granted, to complete arrangements for the easement. It has not been clearly explained why there has been a delay of 12 months. Question 1          Why, specifically, has there been this delay? The applicant has been required to provide engineering details, levels, locations, layout, but these do not include details of the 5 big trees and also shrubs whose roots will be badly affected by excavation for the stormwater pipe. Question 2          Will Council allow damage to the trees, or even their removal? The report tells us that dwelling A is connected to an existing stormwater drain. Question 3          Why is there no evidence of this in the stormwater plan?  Question 4          If there is such a drain, why can't the drainage for dwelling B be directed into it, ruling out the necessity to establish the easement on the adjoining property, with resulting tree damage or removal?  Question 5          Why aren't stormwater problems addressed before DAs are approved? Question 6          Can Council give any other examples of 18 months being allowed for providing details of what appears to be a very straightforward stormwater problem, quite apart from the 24 months referred to in the report? When we have asked similar questions, previously, we have been told that Council does not keep such records. Question 7          Doesn't all this delay conflict with Council's efforts to speed up DA assessment and also result in more deemed refusals?”
12843	RESPONSE By Ms Louise Kerr – Manager Development Services:- “Question 1         The deferred commencement consent condition requires the creation of an easement over an adjoining parcel of land. The investigations and work associated with determining who owns the land; whether there is a pipe within the easement and the resultant negotiations and drafting of legal documents are time consuming and can often be lengthy.  The request that the applicant has made to extend the time required to satisfy the condition is not unreasonable. Question 2          Should the creation of the proposed easement be located within close proximity to existing trees within 33 Calder Road, the plans and documents associated with the easement will be referred to Council’s Landscape Officer for review. Should any trees be proposed to be removed to facilitate the pipework an application to remove the trees would be required to be submitted to Council for assessment and determination. Question 3          Dwelling A (existing dwelling) is likely to drain to an existing absorption trench located within the backyard. This is shown on the stormwater plans. Question 4          As the proposal relates to a dual occupancy an On-Site Detention System is required to be provided as per the requirements of the Upper Parramatta Catchment Management Trust Policy. Water from the OSD system is required to be discharged to Council’s drainage system. Question 5          Stormwater concept plans are endorsed by Council in DA determinations. Section 80(3) of the Environmental Planning & Assessment Act enables a consent authority to issue a development consent subject to a condition that the consent is not to operate until the applicant satisfies the consent authority, as to any matter specified in the condition.  This is known as a deferred commencement consent. In this case Parramatta City Council issued a deferred commencement consent that requires the creation of an easement to drain water over an adjoining lot. As mentioned earlier the creation of a drainage easement can be a lengthy process involving third parties. For this reason Council granted deferred commencement consent to DA/454/2010 as allowed by the EP& A Act.  Question 6           The request to extend a deferred commencement period is not uncommon in instances were complex issues exist. The most recent example involves a decision of the Land & Environment Court made last week where a 9 month extension was given to a deferred commencement period for the project at 44 Oakes Road. Other examples include 19 Lexington Avenue and 259 Marsden Road. Question 7           The date on which Council granted approval to DA/4545/2010 as a deferred commencement consent was the date in which the DA is taken to have been determined. The extension of the period in which to satisfy the deferred commencement condition does not alter the date of determination. “

Reports - Major Applications

8.1	SUBJECT          41- 43 Cross Street , Guildford (Lot 102 DP 592648 and Lot 101 DP 5926480) Woodville Ward DESCRIPTION  Consolidation of lots, demolition, tree removal and construction of a three storey residential flat building containing 14 units over basement carparking under the Affordable Rental Housing SEPP 2009. REFERENCE    DA/444/2011 -  APPLICANT/S   Mr. K Lin OWNERS           Mr. K Lin REPORT OF      Manager Development Services. Also email dated 2 December 2011 from Mr Dennis Kourtis. Also Senior Development Assessment Memorandum dated 5 December 2011. REASON FOR REFERRAL TO COUNCIL                             The proposal is for a residential flat building consisting of 14 units under Affordable Rental Housing SEPP 2009.
	RESOLVED      (Esber/Maitra)
12844	(a)      That pursuant to Section 80(1) of the Environmental Planning and Assessment Act, 1979 Council as the consent authority approve Development Application No. DA/444/2011 for the consolidation, demolition, tree removal and construction of a three storey residential flat building containing 14 units over basement carparking under the Affordable Rental Housing SEPP 2009 at 41 to 43 Cross Street Guildford for a period of five (5) years from the date on the Notice of Determination subject to the conditions of consent attached to the Section 79 C Report attached. (b)      Further, that persons who made a submission 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, M A Lack, S D Lloyd, P K Maitra, M D McDermott and A A Wilson. NOES             Councillors C X Lim.

8.2	SUBJECT          368 Victoria Road (cnr Myrtle Street), Rydalmere (Lot 1 DP 85031) (Elizabeth Macarthur Ward) DESCRIPTION  Demolition and Construction of 6 multi unit dwellings under the Affordable Rental Housing SEPP. REFERENCE    DA/223/2011 - Lodged 14 April 2011 APPLICANT/S   Ridge Designs OWNERS           Mrs D T Wing REPORT OF      Manager Development Services REASON FOR REFERRAL TO COUNCIL                             A previous report on this application was considered at the Council Meeting as the application proposes multi unit housing under the Affordable Rental Housing SEPP.
	RESOLVED      (Lack/Chedid)
12845	(a)     That Council as the consent authority grant deferred development consent to Development Application No. 223/2011 for the demolition and construction of 6 multi-unit dwellings within a 2 storey building over basement car parking for 6 vehicles under the Affordable Rental Housing SEPP subject to the conditions contained within Attachment 1. (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, J D Finn, P J Garrard, M A Lack, S D Lloyd and P K Maitra. NOES             Councillors P Esber, C X Lim, M D McDermott and A A Wilson.

8.3	SUBJECT          22 Cowells Lane, Ermington (Lot 1 DP 770022)(Lachlan Macquarie Ward) DESCRIPTION  Demolition, tree removal and construction of a 2 storey residential flat building containing 10 dwellings with basement carparking under State Environmental Planning Policy (Affordable Rental Housing) 2009 REFERENCE    DA/242/2011 - Submitted 21 April 2011 APPLICANT/S   Revelop Projects Pty Ltd OWNERS           Chanda Developments Pty Limited REPORT OF      Manager Development Services. Also Team Leader – Development Assessment Team Memorandum dated 5 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.
	RESOLVED      (Wilson/Lloyd)
12846	That the application be refused for the following reasons:- 1       The proposal is not in the character of the area. 2         The proposal will have an adverse impact on the amenity of the area. 3         The area is zoned R2 and the FSR is in excess of the LEP 2011. 4         The front and side setbacks do not comply. 5         The impact of overlooking neighbouring properties due to the configuration of the rooms. 6         The proposed development does not meet the objectives of the 2(a) and R2 residential zones as described in the Parramatta Local Environmental Plan 2001 and 2011. 7         The proposed development is more than 400m walking distance from an appropriate bus stop as required by the SEPP.
	DIVISION       The result being: AYES             The Lord Mayor, Councillor L E Wearne and Councillors A Bide, J Chedid, P Esber, J D Finn, P J Garrard,  C X Lim, S D Lloyd, P K Maitra, M D McDermott and A A Wilson. NOES             Councillors P B Barber, G J Elmore and M A Lack.
	NOTE:       1          Councillors J D Finn and M D McDermott left the meeting at 7.47 pm during consideration of this matter.                     2          Councillors M D McDermott (7.48 pm) and J D Finn (7.49 pm) returned to the meeting during consideration of this matter.

8.4	SUBJECT          26 Mayfield Street, Wentworthville (Lot 1 DP502944) (Arthur Phillip Ward) DESCRIPTION  Retention of a dwelling that was to be demolished via Development Consent No. 82/2003 and use as a secondary dwelling including part demolition and alterations to the structure. REFERENCE    DA/457/2011 - 6 July 2011 APPLICANT/S   Mr S Romanous OWNERS           Mr and Mrs Romanous REPORT OF      Manager Development Services. Also email dated 30 November 2011 from W and J Fisk. REASON FOR REFERRAL TO COUNCIL                             The application is being referred to Council for determination as more than 7 submissions have been received in response to the neighbour notification of the proposal.
	RESOLVED      (Lim/Chedid)
12847	(a)      That Council as the consent authority grant development consent to Development Application No. DA/457/2011 for the retention of a dwelling that was to be demolished via Development Consent No. 82/2003 and use as a secondary dwelling including part demolition and alterations to the structure at 26 Mayfield Street, Wentworthville 2145 for a period of five (5) years from the date on the Notice of Determination subject to the conditions in Attachment 1. (b)      Further, that the persons who lodged a submission 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, A Bide, J Chedid, G J Elmore, P Esber, J D Finn, P J Garrard, M A Lack, C X Lim, P K Maitra, M D McDermott and A A Wilson. NOES             None.
	NOTE:       Councillor S D Lloyd left the meeting at 7.57 pm during consideration of this matter.

8.5	SUBJECT          18 Elder Road Dundas (LOT 1 DP51698) (Elizabeth Macarthur Ward) DESCRIPTION  Section 96(1A) modifications to alterations, tree removal and the construction of a 2 storey dwelling to create an attached dual occupancy development with Torrens title subdivision. The modification includes extension of time to complete the deferred commencement conditions in Schedule 1. REFERENCE    DA/454/2010/A - Lodged 26 October 2011 APPLICANT/S   Hill bridge Designers & Engineers OWNERS           Mr T L Gann REPORT OF      Manager Development Services REASON FOR REFERRAL TO COUNCIL                             The application is referred to Council as a petition with eight signatures has been received.
	RESOLVED      (Lack/Elmore)
12848	(a)    That Council as the consent authority modify Deferred Commencement Consent No. DA/454/2010 in the following manner: Modify Schedule 1 in the following way: Pursuant to the provisions of S. 80(3) of the Environmental Planning and Assessment Act, 1979 the development application be granted a Deferred Commencement Consent subject to the completion of the following: (a)  Submission to Council of suitable documentary evidence that indicates the creation of an easement to drain water 1.0m metres wide over the downstream property (Lot 5 DP 21397) in benefit if Lot 1 DP 516981; has been registered with the NSW Department of Lands. In this regard, a title certificate of Lot 1 DP 516981 shall be submitted as a proof of the written permission for the site to drain by gravity to Council’s stormwater system.        It is noted that the deposit plan DP21397 of Lot 5 (No. 33 Calder Road), does not show that a drainage easement was created; it was a proposed to be created. (b)  Provide engineering plan with details showing surface and invert levels, the location and layout of the connection of the stormwater pipe across the footpath reserve on Calder Street to Council’s satisfaction and requirements. Evidence of the above matters must be produced to Council by 10 June 2012 otherwise consent will not operate. (b)     Further, that the head petitioner 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, M A Lack, C X Lim, S D Lloyd and P K Maitra. NOES             Councillors M D McDermott and A A Wilson.
	NOTE:       Councillor S D Lloyd returned to the meeting at 8.00 pm during consideration of this matter.

8.6	SUBJECT          Prince Alfred Park, David Frater Reserve, Rotary Park, Church Street and Market Street, Parramatta (Lot 1 DP 724837, Lot DP 788637, Lot 1, DP 1884477, Lot 3, DP 1132683) (Arthur Phillip Ward) DESCRIPTION  Use of Prince Alfred Park, the Old Kings School, Parramatta River Foreshore (David Frater Reserve) between Church Street and Smith Street, Church Street between Victoria Road and Phillip Street and Market Street for Sydney Festival events between 13 and 22 January 2012 REFERENCE    DA/703/2011 - Submitted 11 October 2011 APPLICANT/S   Sydney Festival OWNERS           Parramatta Council REPORT OF      Manager Development Services REASON FOR REFERRAL TO COUNCIL                             The application relates to land in which Council owns an independent planning consultant has assessed the application.
	RESOLVED      (Bide/Lim)
12849	(a)       That Council as the consent authority grant delegation to the Chief Executive Officer to determine the application for approval subject to the attached conditions upon the applicant demonstrating the NSW Heritage Office has granted consent to the proposed works associated with the Old Kings School or an appropriate exemption has been granted under Section 57(2) of the Heritage Act. (b)       That should the NSW Heritage Office require additional conditions to be imposed, that delegation is granted to impose the required conditions. (c)        Further, that the development consent when issued will be for Development Application No. DA/703/2011 relating to the community event known as the ‘Sydney Festival” to be held between 13 and 22 January 2012 at Prince Alfred Park, the Old Kings School, Parramatta River Foreshore (David Frater Reserve) between Church Street and Smith Street, Church Street between Victoria Road and Phillip Street and Market Street, Parramatta subject to the recommended conditions.
	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, C X Lim, S D Lloyd, P K Maitra, M D McDermott and A A Wilson. NOES             None.

Economy and Development

9.1	SUBJECT          2-12 River Road West, Parramatta REFERENCE    RZ/6/2010 - D02166334 REPORT OF      Project Officer, Land Use Planning
	MOTION             (Bide/Lim)
	(a)      That Council endorse Option 2 to guide the future direction for the assessment of the Planning Proposal at 2-12 River Road West, Parramatta as follows:- Option 2 That Council endorse the continued assessment of the Planning Proposal to rezone the land to enable mixed use development with a maximum height exceeding RL 17 and that further information be provided by the proponents detailing the likely future building heights and envelopes for the site. (b)      Further, that in developing the planning proposal and working with the applicant, preeminent in thinking be heritage impacts on Elizabeth Farm, keeping as much of the river foreshore publicly accessible as possible and protecting ecological communities that may exist in the area.
	AMENDMENT   (Esber) (a)      That Council endorse Option 2 to guide the future direction for the assessment of the Planning Proposal at 2-12 River Road West, Parramatta as follows:- Option 2 That Council endorse the continued assessment of the Planning Proposal to rezone the land to enable mixed use development with a maximum height exceeding RL 17, up to 10 to 12 storeys and that further information be provided by the proponents detailing the likely future building heights and envelopes for the site. (b)      Further, that in developing the planning proposal and working with the applicant, that preeminent in thinking be heritage impacts on Elizabeth Farm, keeping as much of the river foreshore publicly accessible as possible and protecting ecological communities that may exist in the area.
	The amendment lapsed through the want of a seconder.
12850	The motion was put and carried.

9.2	SUBJECT          Planning Proposal - Former Kings School Site REFERENCE    RZ/7/2011 - D02172955 REPORT OF      Senior Project Officer
	RESOLVED      (Lim/Bide)
12851	(a)     That the Planning Proposal at Attachment 1 to amend the Parramatta City Centre LEP 2007 maximum height and floor space ratio controls for land at 24 O’Connell Street, Parramatta be endorsed and forwarded for ‘Gateway’ assessment by the Department of Planning and Infrastructure. (b)     That subject to ‘Gateway’ determination, the Planning Proposal be publicly exhibited. (c)     That a report be put to Council following the public exhibition. (d)     Further, that Council seek a commitment from the Minister for Lands that any money received from the sale of a potion of the site be channelled back to the remaining crown land.
	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, C X Lim, S D Lloyd, P K Maitra and M D McDermott. NOES             Councillor A A Wilson.
	NOTE:       1       Councillor M Lack left the meeting at 8.33 pm and returned at 8.34 pm during consideration of this matter.                     2       Councillor P Esber left the meeting at 8.38 pm and returned at 8.42 pm during consideration of this matter. 3       Councillor P Barber retired from the meeting at 8.44 pm following consideration of this matter.

CLOSED SESSION
	RESOLVED      (Esber/Lack)
12852	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. (D02177079) - 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       Civic Place. (D02167844) - 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.

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

10.1	SUBJECT          Legal Matters Monthly Report to Council REFERENCE    F2004/07898 - D02177079 REPORT OF      Manager Development Services
	RESOLVED      (Esber/Lack)
12853	(a) That the report be received and noted. (b)      Further, that Council proceed with the court proceedings in relation to 55 - 57 Belmore Street, North Parramatta.

10.2	SUBJECT          Civic Place REFERENCE    F2004/06404 - D02167844 REPORT OF      Development Manager. Property Development
	RESOLVED       (Lack/Esber)
12854	(a)      That Council receive and note the report. (b) Further, that Council authorises the CEO to engage in negotiations with Grocon in accordance with paragraphs 16, 17 and 18 as set out in the report.

QUESTION TIME

1

SUBJECT          Use of River Foreshores by Personal Trainers REFERENCE    F2005/02866 FROM                 Councillor Julia Finn

12855

Councillor Finn asked whether staff were aware that personal trainers were operating every morning between 6.00 am and 7.00 am on the River foreshores, particularly in the vicinity of the old David Jones Building. Councillor Finn noted that the operators were placing witches hats on Council’s footpaths and also using public tables and chairs as fitness equipment. The Chief Executive Officer advised that the matter would be investigated.

2	SUBJECT          Dumping of Rubbish - Kissing Point Road, Dundas REFERENCE    F2004/06397 FROM                 Councillor Michael McDermott
12856	Councillor McDermott advised that there is an illegal dumping problem emerging in the large U-Turn bay owned by the Department of Education in Kissing Point Road, Dundas near the bottom end of Bettington Road. This matter had previously been raised with Council’s rangers; however, the problem was now getting worse. The Chief Executive officer advised that the matter would be investigated.

3	SUBJECT          Reinstatement of footpath - Lower Mount Street, Wentworthville REFERENCE    F2004/00218 FROM                 Councillor Andrew Bide
12857	Councillor Bide sought advice on the progress for the reinstatement of the footpath in Lower Mount Street, Wentworthville (at the corner of Page Street) and across the road from 43 Lower Mount Street, Wentworthville.

4	SUBJECT          Sale of Affordable Housing Units REFERENCE    F2004/06029 FROM                 Councillor Scott Lloyd
12858	Councillor Lloyd sought advice on what recourse Council had in relation to the sale of affordable housing units approved through the Land and Environment Court. The Group Manager Outcomes and Development responded that the units could be sold, however, the units needed to be occupied and used for the purposes of affordable housing for at least 10 years.
	NOTE:       1.                 Councillors A Bide and C X Lim left the meeting at 9.35 pm during consideration of this matter. 2.                 Councillor A Wilson retired from the meeting at 9.35 pm.

5	SUBJECT          Completion of RSA Qualifications REFERENCE    F2008/04592 FROM                 Councillor Paul Garrard
12859	Councillor Garrard commented on the seriousness of a recent issue raised by the Chief Executive Officer via email and sought advice as to whether Council staff required to serve alcohol had completed their RSA qualifications. The Chief Executive Officer advised that staff are not required to hold RSA qualifications, however, relevant staff, including events staff, have been made aware of training courses available and offered the opportunity to undertake such courses.
	NOTE:       Councillors A Bide and C X Lim returned to the meeting at 9.37 pm during consideration of this matter.

6	SUBJECT          Discussions Between Chief Executive Officer and Local Area Commander REFERENCE    F2008/04592 FROM                 Councillor John Chedid
12860	Councillor Chedid advised that he had recently sought information from the Chief Executive Officer via email regarding various matters that were the subject of discussions between the CEO and the Local Area Commander of Parramatta. Councillor Chedid noted that he had not been provided with an update in relation to these matters.

The meeting terminated at 9.38 pm.

THIS PAGE AND THE PRECEDING 20 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON MONDAY, 5 DECEMBER 2011 AND CONFIRMED ON MONDAY, 12 DECEMBER 2011.

Lord Mayor