MINUTES OF THE Meeting
of Parramatta City Council HELD IN THE Council
Chamber, CIVIC PLACE, PARRAMATTA ON Monday,
12 March 2012 AT 6:46 pm
PRESENT
The
Lord Mayor, Councillor L E Wearne in the Chair and Councillors P B Barber, A
Bide, J Chedid, G J Elmore, J D Finn, P J Garrard, A Issa, OAM MP (retired 7.03
pm), M A Lack, C X Lim, S D Lloyd, M D McDermott and A A Wilson (Deputy Lord
Mayor - arrived 6.48 pm).
TRADITIONAL OWNERS
ACKNOWLEDGMENT
I would like to acknowledge the Burramattagal
Clan of the Darug, the traditional land owners of Parramatta and pay respect to
the elders both past and present.
FOUNDATION ACKNOWLEDGMENT
I acknowledge the colonial heritage of
Parramatta and recognise the contribution of the early settlers in laying the
foundations of this great and historic city.
MIGRANT ACKNOWLEDGMENT
I also pay my respects to the many migrants
that have come to Parramatta and now call it home. All these elements
holistically make Parramatta what it is today.
MINUTES
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SUBJECT Minutes
of the Council Meeting held on 26 February 2012
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RESOLVED (Elmore/McDermott)
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12984
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That the
minutes be taken as read and be accepted as a true record of the Meeting.
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APOLOGIES
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RESOLVED (Finn/Barber)
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129845
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That an apology be
received and accepted for the absence of Councillors P Esber and P K Maitra.
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NOTE: Councillor A A Wilson arrived at 6.48 pm during
consideration of this matter.
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DECLARATIONS OF
INTEREST
1 Councillor
J D Finn declared an interest in relation to Item 9.2 of Major Applications
regarding 58 O’Connell Street, Parramatta as Councillor Finn is an employee of
Housing NSW.
2. Councillor
A Bide declared a non pecuniary interest in relation to Item 12.1 regarding 27 Hart Drive, Constitution Hill, reference to which was contained in Item 12.1 of Closed
Session regarding the Legal Matters Monthly Report to Council, as his mother
resides in proximity to the premises.
Reports - Domestic Applications
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8.1
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SUBJECT 18
Jenkins Street Dundas (Lot 9 DP 36662) (Lachlan Macquarie Ward)
DESCRIPTION Demolition, tree removal
and construction of an attached dual occupancy development.
REFERENCE DA/607/2011
- Lodged 6 September 2011
APPLICANT/S J Handico
OWNERS Ms S L C Huang
REPORT OF Manager
Development Services
REASON FOR
REFERRAL TO COUNCIL
The
proposal is referred to Council for consideration as 9 submissions objecting
to the application have been received.
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RESOLVED (Garrard/Elmore)
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12985
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(a) That
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:
1. Submission to Council of suitable documentary evidence that
indicates the creation of an easement to Silverwater Road to drain water 1.2 metres wide has been registered with the NSW
Department of Lands.
(b) That upon satisfactory
completion of the requirements nominated in above, Council as the consent
authority grant development consent to Development Application No. 607/2011
for the demolition, tree removal and construction of a two storey attached
dual occupancy development at 18 Jenkins Street Dundas, for a period of five
years from the date on the Notice of Determination subject to the conditions
contained in Attachment 1.
(c) Further, that
persons who made a submission 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, A Bide,
J Chedid, G J Elmore, J D Finn, P J Garrard,
A Issa, OAM, MP, M A Lack, C X Lim, S D Lloyd, M D McDermott and A A Wilson.
NOES None.
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8.2
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SUBJECT 317
Guildford Road, Guildford
(Lot 1 DP 514685) (Woodville Ward)
DESCRIPTION Occupation and internal
fitout of a heritage listed building, including signage for the purposes of
operating a fruit and vegetable grocery shop.
REFERENCE DA/26/2012
- 13th February 2012
APPLICANT/S A Eid
OWNERS Mr P Lee and Mrs I Lee
REPORT OF Manager
Development Services
REASON FOR
REFERRAL TO COUNCIL
The
application is referred to Council as the proposal involves works to a
heritage item.
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RESOLVED (Lack/Issa OAM MP)
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12986
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(a) That
the Council, as the consent authority, grant development consent to
Development Application No.DA/26/2012 for the use of the ground floor tenancy
at 317 Guildford Road, Guildford for a period of five (5) years from the date
on the Notice of Determination subject to the conditions of consent contained
in attachment 1.
(b) Further, that as
works have occurred without prior planning approval being obtained, the
matter be referred to Council’s Development Control Team for investigation
including the possible issue of a Penalty Infringement Notice.
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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, J D Finn, P J Garrard,
A Issa, OAM, MP, M A Lack, C X Lim, S D Lloyd, M D McDermott and A A Wilson.
NOES None.
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8.3
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SUBJECT 16
Buckleys Road, Winston Hills (Illabunda)
(Lot 11 DP 270736) (Caroline Chisholm Ward)
DESCRIPTION Construction of a two
storey dwelling and tree removal. The application has been accompanied by
clause 4.6 exemption as the application seeks to vary clause 4.4 'floor space
ratios' of PLEP 2011
REFERENCE DA/916/2011
- Submitted 23 December 2011
APPLICANT/S J Botros
OWNERS One Tree Hill Projects
Pty Ltd
REPORT OF Manager
Development Services
REASON FOR
REFERRAL TO COUNCIL
The
application has been referred to Council as it seeks a variation of greater
than 10% to the FSR control within Clause 4.4 of Local Environmental Plan
2011 and the application is accompanied by a clause 4.6 Exemption under LEP
2011.
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RESOLVED (Issa OAM MP/Finn)
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12987
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(a) That Council support the variation to Clause 4.4 ‘Floor Space Ratios’ of the PLEP 2011 under
the provisions of clause 4.6.
(b) Further,
that Council as the consent authority grant development consent to
Development Application No. DA/916/2011 for construction of a 2 storey
dwelling and tree removal at 6/16 Buckleys Road, Winston Hills NSW 2153 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, A Bide,
J Chedid, G J Elmore, J D Finn, P J Garrard,
A Issa, OAM, MP, M A Lack, C X Lim, S D Lloyd, M D McDermott and A A Wilson.
NOES None.
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Reports - Major Applications
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9.1
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SUBJECT 44
Sorrell Street, NORTH PARRAMATTA NSW 2151
(Lot 1 DP 999333) (Arthur Phillip Ward)
DESCRIPTION Alterations to a heritage
listed building and use of the building as an architectural office (office
premises).
REFERENCE DA/781/2011
- 4 November 2011
APPLICANT/S Design Cubicle
OWNERS Mrs A Georges
REPORT OF Manager
Development Services
REASON FOR
REFERRAL TO COUNCIL
The
application has been referred to Council as the proposal involves building
works to a heritage item.
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RESOLVED (Issa OAM MP/Lim)
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12988
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(a) That Council
as the consent authority grant development consent to Development Application No. DA/781/2011 for alterations to a
heritage listed building and use of the building as an architectural office
(office premises) at 44 Sorrell Street, NORTH PARRAMATTA NSW 2151 for a period of five (5) years from the date on the
Notice of Determination subject to the conditions contained within
Attachment 1.
(b) That the person who lodged a submission be
advised of Council’s determination of the application.
(c) That Council’s Development Control Unit monitor
the site and review Council’s records 120 days after the date of
determination to ensure the applicant complies with Condition Nos. 2 and 3 of
the conditions of consent contained within Attachment 1. If conditions are
not complied with, legal action should commence to restrain the breach of
consent.
(d) Further, that Council’s Development Control Unit
commence legal action for the offence of carrying out building works to a
heritage item without consent and commencing a prohibited use of the site
without development consent.
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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, J D Finn, P J Garrard,
A Issa, OAM, MP, M A Lack, C X Lim, S D Lloyd, M D McDermott and A A Wilson.
NOES None.
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9.2
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SUBJECT 58
O'Connell Street - Parramatta NSW 2150
Lot 1 DP 900803 ( Arthur Phillip Ward)
DESCRIPTION Section 96(1a) application
to modify condition 13 (payment of a monetary contribution for mitigation of
the loss of low rental bedrooms) arising from strata subdivision of the
building.
REFERENCE DA/174/2011/A
- lodged 14 December 2011
APPLICANT/S Byrnes PDM Pty Ltd
OWNERS Classy Business Pty Ltd
REPORT OF Manager
Development Services and memorandum Manager Development Services dated 8
March 2012
REASON FOR
REFERRAL TO COUNCIL
The
application seeks to modify a Development Consent determined by the elected
Council and the condition being modified was subject to debate when Council
previously considered the application.
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MOTION (Issa, OAM MP/Bide)
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That pursuant to Section
80(1) of the Environmental Planning and Assessment Act, 1979, Council not
support the request to modify condition 13 for the following reasons:
1. The proposed modification does not comply with the
requirements of State Environmental Planning Policy (Affordable Rental
Housing) 2009.
2. The proposed modification would not comply with the
Ministerial directions issued under Section 94G (3) (b) of the Environmental
Planning and Assessment Act 1979.
3. The proposed modification is not in the public interest.
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AMENDMENT (Barber/Lack)
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That
Council defer consideration of DA/174/2011 to the Council Meeting of 23 April
2012 (or a sooner date if possible.)
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12989
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The amendment was put and carried and on being put as the
motion was again carried.
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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 J Garrard, M A Lack, C X Lim, M D McDermott and A A Wilson.
NOES Councillors A Bide, A
Issa, OAM, MP and S D Lloyd.
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NOTE: Councillor J D Finn declared an interest in relation
to this matter as an employee of Housing NSW and temporarily retired from the
meeting during consideration and voting on this issue.
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Notices of Motion
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10.1
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SUBJECT Noise
Abatement near Rail Corridors and Busy Roads
REFERENCE F2004/09913
- D02280500
REPORT OF Councillor
A A Wilson
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RESOLVED (Wilson/Bide)
(a) That Parramatta City Council
prepare a report with a view to amend its DCP to encourage noise abatement in
compliance with the State guideline 2008 Development near rail corridors and
busy roads.
(b) Further, that Parramatta City
Council prepare a report with a view to applying Interim construction noise
guidelines to development consent conditions.
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NOTE: Councillor A Issa, OAM, MP retired from the meeting
at 7.03 pm during consideration of this matter.
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10.2
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SUBJECT Broadband
Access
REFERENCE F2008/02761
- D02280505
REPORT OF Councillor
A A Wilson
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RESOLVED (Wilson/Finn)
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12990
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That Parramatta City Council
prepare a report with a view to ensuring all major developments have the
appropriate conduits for broadband access.
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10.3
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SUBJECT NSW
Planning System
REFERENCE F2007/02152
- D02282313
REPORT OF Councillor
J Chedid
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RESOLVED (Chedid/Bide)
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12991
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That as part of the review of the
NSW Planning System, the Minister for Planning and Infrastructure, be urged
to include a review of the planning appeals systems to ensure that the Land
and Environment Court must give appropriate weight to Council policies and
LEPs and that if the Court makes a decision which is contrary to a Draft LEP
that has been finalised or is close to finalisation, the Council may seek a
review of the decision of the Land and Environment Court by
the Minister.
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Economy and Development
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11.1
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SUBJECT Variations
to Standards under SEPP 1
REFERENCE F2009/00431
- D02274045
REPORT OF Manager
Development Services
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RESOLVED (Barber/Chedid)
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12992
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That the
report be received and noted.
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11.2
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SUBJECT Finalisation
of Planning Proposal - Old Kings School Site
REFERENCE RZ/7/2011
- D02278019
REPORT OF Senior
Project Officer
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RESOLVED (Chedid/McDermott)
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12993
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(a) That
Council consider the submissions received to the public exhibition of the
Planning Proposal as outlined in this report.
(b) Further, that
Council make no changes to the Planning Proposal and refer the Planning
Proposal, as exhibited, to the Department of Planning & Infrastructure
for the making of the amendment to the Parramatta City Centre LEP 2007.
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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, J D Finn, P J Garrard,
M A Lack, C X Lim, S D Lloyd and M D McDermott.
NOES Councillor A A Wilson.
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CLOSED SESSION
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RESOLVED (Bide/Barber)
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12994
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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:-
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1 Legal Matters
Monthly Report to Council. (D02274048) - 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 Purchase of
Property. (D02264425) - 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.
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RESUMPTION OF MEETING
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That the decisions of Closed Session be noted as follows:-
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12.1
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SUBJECT Legal
Matters Monthly Report to Council
REFERENCE F2004/07898
- D02274048
REPORT OF Manager
Development Services and Memoranda from General Counsel Dated 9 March 2012.
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RESOLVED (Barber/Bide)
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12995
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That 27 Hart Drive , Constitution Hill be considered as a separate item.
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RESOLVED (Chedid/Garrard)
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12996
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That the report be received
and noted with the exclusion of 27 Hart Drive, Constitution Hill and action
be taken with respect to 15 Short Street, Wentworthville in accordance with
General Counsel Memorandum dated 9 March 2012.
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RESOLVED (Finn/Lack)
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12997
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That the report regarding 27 Hart Drive , Constitution Hill be received and noted and action taken in accordance with
General Counsel Memorandum dated 9 March 2012.
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NOTE: Councillor A Bide declared a non pecuniary
interest in relation to 27 Hart Drive, Constitution Hill as his mother
resides in proximity to the site and temporarily left the meeting during
consideration and voting on this issue.
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12.2
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SUBJECT Purchase
of Property
REFERENCE F2009/00350
- D02264425
REPORT OF Manager
- Strategic Asset and Property Management ; Manager - City Strategy
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12998
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RESOLVED (Finn/Elmore)
(a) That Council
enter into negotiations to purchase the property mentioned in paragraph 10 of
this report and if agreement is reached, purchase the subject property, up to
the amount contained within the body of the report.
(b) That the
purchase be funded from the Open Space Acquisition and Embellishment Special
Rate.
(c) That the Lord Mayor and Chief Executive Officer be
authorised to execute under seal, if required, all documents relating to the
purchase of the property mentioned in (a) above.
(d) That upon settlement, the property referred to in
(a) above be classified as Community land.
(e) That the property mentioned in paragraph 19 of this
report be reclassified from Operational land to Community land.
(f) That action be taken to close that part of the
laneway mentioned in paragraph 23 of the report and upon closure, that it be
classified as Community land.
(g) That Council undertake the rezoning from R2 Low
Density Residential to RE1 Public Recreation under Parramatta LEP 2011 as
referred to in paragraph 23, should the purchase of the property mentioned in
(a) above proceed to settlement.
(h) Further, that Council investigate the removal of the
fence around the soccer field and improved access for pedestrians to enable a
more active use of the site.
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QUESTION TIME
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1
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SUBJECT Noise
Abatement
REFERENCE F2004/09913
FROM Councillor Andrew
Wilson
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12999
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Councillor Wilson requested
that Council’s General Counsel provide advice on the responsible authority to
take action in relation to noisy vehicles.
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2
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SUBJECT Telopea
Development Inspection
REFERENCE NCA/2010
FROM Councillor Michael McDermott
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13000
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Councillor McDermott noted that
an Open Day had been organised by Hume recently to view the new Telopea
Development in Sturt Street, Telopea.
Councillor McDermott requested
that a time be organised to enable Councillors to also receive a tour of this
development.
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3
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SUBJECT Impact
of Heavy Rains on Council Reserves
REFERENCE F2004/06327
FROM Councillor Julia Finn
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13001
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Councillor Finn requested that
a report be provided on the impact of the recent heavy rains on Council’s
playing fields and reserves, such report to indicate whether the rains
highlighted any works that needed to be carried out.
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4
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SUBJECT Community
Pride Day
REFERENCE F2009/03087
FROM Councillor Glenn
Elmore
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13002
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Councillor Elmore advised that
at a recent meeting of the Granville Youth and Community Association, the
Association had requested that the Lord Mayor give consideration to holding a
Community Pride Day.
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The meeting terminated at 7.41 pm.
THIS
PAGE AND THE PRECEDING 10 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING
HELD ON MONDAY, 12 MARCH 2012 AND CONFIRMED ON MONDAY, 26 MARCH 2012.
Lord Mayor