MINUTES OF THE Meeting of Parramatta City Council HELD IN THE Council Chamber, CIVIC PLACE, PARRAMATTA ON Monday, 13 February 2012 AT 6.45 pm
The Lord Mayor, Councillor L E Wearne in the Chair and Councillors P B Barber (retired at 8.02 pm), J Chedid (arrived 6.50 pm and retired 8.05 pm), G J Elmore, P Esber, J D Finn, P J Garrard, A Issa, OAM MP (retired 8.06 pm), M A Lack, S D Lloyd, P K Maitra, M D McDermott and A A Wilson (Deputy Lord Mayor – retired 8.05 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.
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 also welcomed the migrant population who are now part of this City.
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SUBJECT Minutes of the Council Meeting held on 12 December 2011 |
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RESOLVED (Esber/Elmore)
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That the minutes be taken as read and be accepted as a true record of the Meeting. |
APOLOGIES
DECLARATIONS OF INTEREST
There were no declarations of interest at this Council (Development) Meeting.
MINUTES OF THE LORD MAYOR
PETITIONS
PUBLIC FORUM
Reports - Domestic Applications
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8.5 |
SUBJECT 26 Ferndell Street, South Granville DESCRIPTION Change of use and fitout of existing building for the production, storage and distribution of food products with associated signage (3 flush wall signs) REFERENCE DA/660/2011 - 23 September 2011 APPLICANT/S Hanseatic Fine Foods Pty Ltd OWNERS McMillan Printing Unit Custodian Pty Ltd REPORT OF Manager Development Services. Also Development Assessment Officer Memorandum dated 13 February 2012. REASON FOR REFERRAL TO COUNCIL The matter is referred to Council as more than seven (7) submissions were received. |
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MOTION (Garrard/Chedid)
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That Council refuse the application for the following reasons: 1. That the application is deemed to not comply with the PLEP (2001) –Light Industry, or to the ‘General Industry’ Zoning – PLEP 2011 2. The application fails to satisfy the objectives of the zone to ensure that the development is carried out in a manner which would not detract from the amenity enjoyed by residents in adjoining localities. 3. The application will detract and interfere dramatically with the amenity of the residential neighbourhood in terms of excessive noise, smell, and air-borne pollutants. 4. The application fails to satisfy Council’s guidelines in terms of displaying best practice relating to environmental and hazard reduction standards. 5. The application does not ensure that the development, improves the environmental quality of the city of Parramatta. 6. Further that in response to the public consultation carried out by Council, the application is deemed not to be in the Community’s interest.
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The motion was put and lost.
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DIVISION The result being:
AYES Councillors J Chedid, P J Garrard and A Issa, OAM MP.
NOES The Lord Mayor, Councillor L E Wearne and Councillors P B Barber, G J Elmore, P Esber, J D Finn, M A Lack, S D Lloyd, P K Maitra, M D McDermott and A A Wilson.
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FURTHER MOTION (Lack/Wilson) |
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(a) That Development Application No. DA/660/2011 for change of use and fitout of the existing tenancy for the production, storage and distribution of food related products with signage on land at 26 Ferndell Street be approved subject to conditions of consent as outlined in Attachment 1 of the Council report as modified below: Insert Condition 59 to read as follows: 59. All loading and unloading of trucks including the use of forklifts to occur within the building and not within the rear setback. Insert Condition 60 to read as follows: 60. The car park accessed from Blaxcell Street is not to be used by staff, visitors and/or delivery/waste vehicles associated with the commercial kitchen at any time. Insert Condition 61 to read as follows: 61. All staff associated with the proposed use are to park within the basement car park accessed from Straits Avenue or within Straits Avenue itself. (b) Further, that the objectors be advised of Council’s determination of the application.
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The further motion became the motion and was put and carried.
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DIVISION The result being:
AYES The Lord Mayor, Councillor L E Wearne and Councillors P B Barber, G J Elmore, P Esber, J D Finn, M A Lack, S D Lloyd, P K Maitra, M D McDermott and A A Wilson.
NOES Councillors J Chedid, P J Garrard and A Issa, OAM MP.
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8.6 |
SUBJECT 398 Church Street, Parramatta DESCRIPTION Fitout and occupation of the premises as a massage and acupuncture clinic REFERENCE DA/795/2011 - Submitted 14/11/2011 APPLICANT/S Focused Enterprises Pty Ltd OWNERS Mrs A Lungas REPORT OF Manager Development Services REASON FOR REFERRAL TO COUNCIL The application is being referred to Council for determination as the application seeks approval for a massage centre. |
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RESOLVED (Esber/Finn)
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(a) That Development Application 795/2011 for the fitout of the premises and use as a massage and acupuncture clinic on land at 398 Church Street, Parramatta be approved subject to the conditions of consent in Attachment 1 of this report. (b) That the commencement of the use prior to development consent being obtained be referred to Councils Regulatory Services Team for investigation and enforcement action if required. (c) Further, that as a general matter and not in response to this specific application, a report be provided from Regulatory Services on how Council can better improve its investigative services of restricted premises including the use of private investigators, where appropriate, resulting in the prosecution of offending clinics.
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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, S D Lloyd, P K Maitra and M D McDermott.
NOES None.
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NOTE: 1 Councillor P J Garrard left the meeting at 7.40 pm and returned at 7.43 pm during consideration of this matter.
2 Councillor A A Wilson left the meeting at 7.46 pm during consideration of this matter.
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8.7 |
SUBJECT 52 Fennell Street, North Parramatta DESCRIPTION Demolition, construction of a garage and outdoor area to the eastern boundary, alterations and additions to the rear of the dwelling and construction of a front fence. REFERENCE DA/766/2011 - 2 November 2011 APPLICANT/S Brad Inwood Architects OWNERS Ms W A Sykes & Mr A J Likely REPORT OF Manager Development Services REASON FOR REFERRAL TO COUNCIL The application is being referred to Council for determination as the proposal involves structural work to a listed heritage item. |
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RESOLVED (Esber/Issa OAM MP)
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That Council as the consent authority grant development consent to Development Application No. DA/766/2011 for demolition of the existing garage, construction of a garage and attached undercover outdoor area to the eastern boundary, alterations and additions to the dwelling and a front fence at 52 Fennell Street, North Parramatta for a period of five (5) years from the date on the Notice of Determination subject to conditions.
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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, S D Lloyd, P K Maitra and M D McDermott.
NOES None.
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Reports - Major Applications
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9.1 |
SUBJECT 2 Stewart Street, Ermington DESCRIPTION Section 96(2) application to modify Development Consent No. DA/43/2007 (multi-purpose community facility). REFERENCE DA/43/2007/B - 17 November 2011 APPLICANT/S Projectvision OWNERS Vedanta Centres of Australia Limited REPORT OF Manager Development Services. Also Development Assessment Officer Memorandum dated 9 February 2012. REASON FOR REFERRAL TO COUNCIL The parent application was determined at the 14 April 2008 Regulatory Council meeting and the proposal involves works to a heritage item. |
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RESOLVED (Esber/Issa OAM MP)
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(a) That Council as the consent authority, modify development consent DA/43/2007 for the restoration of a heritage listed building and the construction of a new building to be used as a multi-purpose community facility to include modifications comprising 1. Increasing finished floor levels and overall height of the building by 700mm; and 2. Changes to the internal layout of the existing building fronting Stewart Street on land at 2 Stewart Street, Ermington in the following way: 1. Modify condition no. 1 in the following way: 1. The development is to be carried out in compliance with the following plans as amended by annotation and documentation listed below and endorsed with Council’s stamp.
2. Delete Condition 8 which reads: The bin store and store room adjacent to proposed Unit 9 are to be deleted. The bin store to be located in the basement carpark with details to be provided in the construction certificate. Reason: To protect the heritage integrity of the dwelling. 3. Amend Condition 38 to read as follows:
Occupation or use, either in part or full, shall not take place until an interim occupation certificate has been issued. The interim and/or final occupation certificate must not be issued unless the building is suitable for occupation or use in accordance with its classification under the Building Code of Australia and until all preceding conditions of this consent have been complied with. Where Council is not the PCA, a copy of the interim and/or final occupation certificate together with registration fee must be provided to Parramatta City Council. Reason: Legislative requirement. 4. Addition of the following conditions: 1. a) Occupation of any part of footpath or road at or above (including construction and/or restoration of footpath and/or kerb or gutter) during construction of the development shall require a Road Occupancy Permit from Council. The applicant is to be required to submit an application for a Road Occupancy Permit through Council’s Traffic and Transport Services, prior to carrying out the construction/restoration works. 1 b) Oversize vehicles using local roads require Council’s approval. The applicant is to be required to submit an applicant for an Oversize vehicle Access Permit through Council’s Traffic and Transport Services, prior to driving through local roads within Parramatta LGA. (b) Further, that the objector be advised of Council’s decision.
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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, S D Lloyd, P K Maitra and M D McDermott.
NOES None.
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9.2 |
SUBJECT 6 Sorrell Street PARRAMATTA NSW 2150 DESCRIPTION Section 96(2) application to modify Development Consent No. DA/198/2009 for an 8 storey mixed use development containing 24 apartments and 2 commercial tenancies. REFERENCE DA/198/2009/A - APPLICANT/S Better Buildings Pty Limited OWNERS The Owners Strata Plan 11722 REPORT OF Manager Development Services REASON FOR REFERRAL TO COUNCIL Application seeks to modify a Development consent issued by the elected Council under Section 96(2) of the Environmental Planning and Assessment Act. |
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RESOLVED (Esber/Issa OAM MP)
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(a) That Council modify Development consent No. 198/2009 in the following manner:
Amend condition 1 to read as:
1. The development is to be carried out in accordance with the following plans and documentation listed below and endorsed with Council’s stamp, except where amended by other conditions of this consent:
Documents:
Amend condition 5 to read as;
5. A maximum of thirty five (35) off-street parking spaces (including 26 spaces for residents; 6 spaces for visitors; 3 spaces for commercial use) are to be provided, permanently marked on the pavement and used accordingly. The dimensions for parking spaces and aisle width to be in accordance with Figure 2.2 of AS 2890.1-2004 (minimum of 2.4m wide x 5.4m long clear of columns plus 300mm clearance adjacent walls and 6.2m aisle width minimum. At blind aisle, the aisle is to be extended by 1.0m (minimum) beyond the last parking space).
Amend condition 12 to read as;
12. A convex mirror is to be installed within the ramp access (one near the entry driveway & one at the bottom of the ramp access) with its height and location adjusted to allow an exiting driver a full view of the driveway in order to see if another vehicle is coming through.
Additional conditions:
116. The minimum available headroom clearance to be signposted at all entrances is to be 2.2m (for cars and light vans including all travel paths to and from parking spaces) and 2.5m (for parking spaces for people with disabilities) measured to the lowest projection of the roof (fire sprinkler, lighting, sign, and ventilation), according to AS 2890.1-2004 and 2890.6-2009. Reason: To ensure Compliance with Australian standards.
117. Oversize vehicles using local roads require Council’s approval. The applicant is to be required to submit an application for an Oversize Vehicle Access Permit through Council’s Traffic and Transport Services, prior to driving through local roads within Parramatta LGA. Reason: To ensure Compliance with Australian standards.
118. Under Clause 97A of the Environmental Planning & Assessment Regulation 2000, it is a condition of this development consent that all design measures identified in the BASIX Certificate No. 391454M, will be complied with prior to occupation. Reason: To comply with legislative requirements of Clause 97A of the Environmental Planning & Assessment Regulation 2000.
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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, S D Lloyd, P K Maitra and M D McDermott.
NOES None.
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9.3 |
SUBJECT 112 MacArthur Street NORTH PARRAMATTA DESCRIPTION Demolition and construction of an in-fill housing development (made under the Affordable Rental Housing SEPP) comprising 1 detached dwelling and 3 attached dwellings over basement carparking. REFERENCE DA/230/2011 - 15 April 2011 APPLICANT/S Mr J Saad and Mrs L Saad OWNERS Mr J Saad and Mrs L Saad REPORT OF Manager Development Services. Also Team Leader – Development Assessment Memorandum dated 13 February 2012. 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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(a) That Development Application No. DA/230/2011 for demolition, and construction of an infill housing development (made under the Affordable Rental Housing SEPP) comprising 1 detached dwelling and 3 attached dwellings over basement carparking on land at 112 MacArthur Street, North Parramatta be approved subject to conditions of consent as outlined in Attachment 1 of the Council report as modified below:
Condition 14 be amended to read as follows:
14. For 10 years from the date of the issue of the occupation certificate: (a) the dwellings proposed to be used for the purposes of affordable housing (being a total of 3 dwellings) must be used for the purposes of affordable housing as defined under SEPP (Affordable Rental Housing) 2009, and (b) all accommodation that is used for affordable housing must be managed by a registered community housing provider. Reason: To comply with the provisions of SEPP (Affordable Rental Housing) 2009.
Condition 98 be amended to read as follows:
98. Details of the registered community housing provider responsible for the management of the 3 affordable rental housing dwellings is to be submitted to the Principal Certifying Authority and Council before the issue of any Occupation Certificate. Reason: To ensure compliance with the provisions of SEPP (Affordable Rental Housing) 2009.
Insert Condition 45(a) to read as follows:
45(a). Prior to the issue of the construction certificate the principal certifying authority shall ascertain that the Jacaranda tree located within 90 Albert Street East approved for removal via TA/48/2012 has been removed. Reason: To ensure the tree does not become a hazard during construction.
Insert Condition 117 to read as follows:
117. All garages and parking areas are to be used for the parking of vehicles and not to be utilised for storage that prevents a car parking in a required space. Reason: To protect the amenity of the area.
Additional Condition 118 to read as follows:
118. The roadway at the rear of the premises is to be resurfaced.
(b) Further, that the objectors be advised of Council’s determination of the application.
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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, S D Lloyd, P K Maitra and M D McDermott.
NOES None.
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Economy and Development
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10.1 |
SUBJECT Variations to Standards under SEPP 1 REFERENCE F2009/00431 - D02234907 REPORT OF Manager Development Services |
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RESOLVED (Esber/Chedid)
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That the report be received and noted.
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10.2 |
SUBJECT Submission to the Issues Paper for the NSW Planning System Review REFERENCE F2007/02152 - D02247522 REPORT OF A/Manager Land Use Planning |
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RESOLVED (Lack/Elmore)
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That Council adopt the submission at Attachment 2 to the Issues Paper for the NSW Planning System Review and forward the submission to the Planning System Review Panel for their consideration.
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NOTE: Councillor A A Wilson returned to the meeting at 7.53 pm during consideration of this matter.
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10.3 |
SUBJECT Delegated Authority Meeting held over Christmas and New Year Period REFERENCE F2004/07400 - D02249920 REPORT OF Team Leader Council Support |
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RESOLVED (Esber/Chedid)
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That the minutes of the Delegated Authority Meeting held on 2 February 2012 be noted.
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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 item listed comes within the following provisions:- |
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1 Legal Matters Monthly Report to Council. (D02234910) - 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.
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11.1 |
SUBJECT Legal Matters Monthly Report to Council REFERENCE F2004/07898 - D02234910 REPORT OF Manager Development Services |
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RESOLVED (Esber/Elmore)
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That the report be received and noted.
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11.2 |
SUBJECT Future Lease for the Meat and Wine Company - 353 Church Street, Parramatta REFERENCE F2004/08285 FROM Councillor Pierre Esber |
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That a report be submitted to Council prior to any new lease being signed for the Meat and Wine Company at 353 Church Street, Parramatta, such report to include details on any sub leasing in existence and the use of any increase in revenue as a result of the renovations to Riverside Theatres.
NOTE This decision was moved in Closed Session (in accordance with Section 10A (2)(c) of the Local Government Act) following a Suspension of Standing Orders.
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QUESTION TIME
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SUBJECT Non Compliance - Parramatta Speedway REFERENCE P2005/01822 FROM Councillor Mark Lack |
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Councillor Lack requested a report regarding all non compliance matters associated with the operation of Parramatta Speedway, now known as Sydney Speedway, with specific attention being given to any breaches with respect to hours of operation and use of fireworks without a license.
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NOTE: Councillor P B Barber retired from the meeting at 8.02 pm during consideration of this matter. |
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SUBJECT Approval of Waste Collection by Private Certifiers REFERENCE CRM2010/00202 FROM Councillor Glenn Elmore |
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Councillor Elmore sought advice whether private certifiers noted the provision of garbage bins prior to the issue of necessary certificates as he is aware of occupiers of developments that are living without bins or waste collection.
The Group Manager Outcomes & Development advised that it depended on circumstances and the needs of the site.
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NOTE: Councillors J Chedid and A A Wilson retired from the meeting at 8.05 pm during consideration of this matter |
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SUBJECT Use of Loop Bus on Australia Day 2012 REFERENCE F2004/08730 FROM Councillor Glenn Elmore |
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Councillor Elmore commented that funding for the Loop Bus Service was now being provided by the State Government but noted that the Loop Service did not appear to be operating on Australia Day.
Councillor Elmore asked whether the service was, in fact, in operation on Australia Day, and if not, why not, and sought details on how Council could ensure the service operates on similar days in the future.
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NOTE: Councillor A Issa, OAM, MP retired from the meeting at 8.06 pm during consideration of this matter. |
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REFERENCE F2004/07898 FROM Councillor Prabir Maitra |
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Councillor Maitra sought advice as to the number of court cases won and lost, how many went to negotiation and the total cost of the court cases to Council for the calendar year 2011.
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REFERENCE DA/852/2011 FROM Councillor Julia Finn |
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Councillor Finn requested that the consultation period for the Lennox Bridge Portals be extended for 2 weeks to allow for further submissions.
The Chief Executive Officer advised that the matter would be taken on notice and added that late submissions would be considered in any event.
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SUBJECT Use of River Foreshores by Personal Trainers REFERENCE F2005/02866 FROM Councillor Julia Finn |
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Councillor Finn asked whether any action had been taken against personal trainers operating without consent (particularly at 6.00 am on weekdays and 7.00 am on weekends) on the River foreshores.
Councillor Finn mentioned that this matter was raised previously at the Council Meeting held on 5 December 2011.
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REFERENCE CRM2010/00089 FROM Councillor Michael McDermott |
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Councillor McDermott requested that all Elizabeth Macarthur and Lachlan Macquarie Ward Councillors be advised on what action is being taken by the Roads and Traffic Authority to remediate the surface of Kissing Point Road.
The Lord Mayor advised that this matter had been pursued over the past 3 weeks.
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SUBJECT Road Lighting of Speed Humps REFERENCE F2008/02832 FROM Councillor Scott Lloyd |
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Councillor Lloyd referred to the current level of speed hump lighting in Moxhams Road, Northmead which is flooding into nearby homes.
Councillor Lloyd noted that the issue had been referred to the relevant authority who had indicated that the current level of lighting was in accordance with the government standard.
Councillor Lloyd requested that this issue be investigated with a view to providing a solution for residents including the possible installation of shutters.
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SUBJECT State Environmental Planning Policy No. 33 REFERENCE F2008/04592 FROM Councillor Paul Garrard |
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Councillor Garrard requested that he be provided with advice in relation to SEPP 33 especially in relation to the procedural requirements for non-designated developments.
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The meeting terminated at 8.10 pm.
THIS PAGE AND THE PRECEDING 20 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON MONDAY, 13 FEBRUARY 2012 AND CONFIRMED ON MONDAY, 27 FEBRUARY 2012.
Lord Mayor