MINUTES OF THE Meeting of Parramatta City Council HELD IN THE Council Chamber, CIVIC PLACE, PARRAMATTA ON Monday, 23 April 2012 AT 6:46 pm

 

The Lord Mayor, Councillor L E Wearne in the Chair and Councillors P B Barber (retired 8.42 pm), J Chedid, G J Elmore, P Esber, J D Finn, P J Garrard, A Issa, OAM MP (retired 9.34 pm), M A Lack (arrived 7.45 pm), C X Lim, S D Lloyd, P K Maitra, M D McDermott (retired 9.36 pm) 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.

 

 

 

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.

 

 

MIGRANT ACKNOWLEDGEMENT

 

The Lord Mayor also acknowledged the many migrants that have come to Parramatta and now call it home. All these elements holistically make Parramatta what it is today.

 

 

MINUTES

 

 

SUBJECT          Minutes of the Council (Development)  Meeting held on 10 April 2012

 

RESOLVED      (Esber/Lim)

 

13062

That the minutes be taken as read and be accepted as a true record of the Meeting.

 

 

APOLOGIES

 

 

 

RESOLVED      (Barber/Esber)

 

13063

It be noted that Councillor A Bide is on previously granted leave of absence and it be noted that Councillor M A Lack will be arriving later in the meeting.

 

 

 

DECLARATIONS OF INTEREST

 

 

1             Councillor J D Finn declared an interest in relation to Item 8.1 of Economy and Development regarding 58 O’Connell Street, Parramatta as Councillor Finn is an employee of Housing NSW.

 

2             Councillor G J Elmore declared an interest in relation to Item 1 of Minutes of the Lord Mayor regarding Tree Pruning as Councillor Elmore is an employee of one of the energy providers.

 

3             Councillor G J Elmore also declared an interest in relation to Item 13.4 of Closed Session regarding Potential Acquisition of Land in Guildford for Local Open Space as Councillor Elmore knows one of the owners of the properties.

 

MINUTES OF THE LORD MAYOR

 

1

SUBJECT          Tree Pruning

REFERENCE    F2011/02274

FROM                 The Lord Mayor, Councillor Lorraine Wearne

 

RESOLVED      (Wearne/Wilson)

 

13064

(a)      That Council write to Greater Western Sydney Councils to seek their support to lobby NSW energy providers to change their Vegetation Management Plans.

(b)      That Council write to the Premier and Minister for Western Sydney, Minister for the Environment and Minister for Heritage and Minister for Resources and Energy asking them to change Vegetation Management Plans administered by NSW energy providers.

(c)       That Council write to local Federal and State Members of Parliament to seek    their support to lobby NSW energy providers to change their Vegetation Management Plan.

(d)      That Council write to Arboriculture Australia and Energy Network Australia to seek their support in lobbying NSW energy providers to change their Vegetation Management Plans.

(e)      That Council prepare a motion to be submitted to the 2012 National General Assembly (NGA) for Local Government.

(f)        That Council seek legal advice as to whether councils can charge energy providers for any damage inflicted by such providers or their contractors on trees.

(g)      Further, that Council issue a media release about our actions to stop energy providers and their tree pruning contractors from vandalising trees in Greater Sydney.

 

 

 

NOTE:       1       Councillor G J Elmore declared an interest in relation to this matter as he is an employee of one of the energy providers mentioned in the Lord Mayoral Minute and temporarily left the meeting during consideration and voting on this issue.

 

2       A further Lord Mayoral Minute has been distributed for consideration regarding the CEO’s Performance Review and this Minute has been listed as Item 13.5 in Closed Session.

 

 

 

PUBLIC FORUM

 

1

SUBJECT          Smoking in Outdoor Dining Areas

REFERENCE    F2004/09820

FROM                 Omar Jamal

 

“I would like to ask the following questions at the meeting to be held on 23 April 2012.

 

1       As it was reported in the Parramatta Advertiser and the Parramatta Sun (18 April 2012) and Channel 10 that a group of 300 Parramatta business owners that signed the petition and the 50 businesses who are applying for an injunction on the smoking ban, did Council attempt to negotiate with this large group of businesses as to address their concerns before any legal action is taken by this group?

 

2      Were the results of the survey carried out by Council to use as the basis for introducing this smoking ban validated?

 

3      Did Council get a legal advice on whether it has the power to impose such smoking bans on restaurant’s outdoors smoking areas in popular Church Street?

 

4      What costs had already Council incurred and if the injunction is granted what are the current and future legal costs?”

 

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RESPONSE

 

By Ms Sue Weatherley - Group Manager Outcomes and Development.

 

“Question 1          All businesses with outdoor dining on Council owned or managed land were provided the opportunity to participate in a business owner survey as part of the policy development process. Details of this process were reported to Council’s December 2011 meeting in the Smoking in Outdoor Dining Report.

 

Question 2          Council engaged an expert consultant and worked with them to develop the surveys.

The community was surveyed. 300 resident surveys and 300 diner surveys were conducted. A total sampling size of 600 interviews provides a maximum sampling error of plus or minus 4% at 95% confidence.

 

All businesses with outdoor dining on Council owned or managed land were provided the opportunity to participate in a business owner survey. 47 of the possible 68 businesses participated. A sample size of 47 businesses provides a maximum sampling error of plus or minus 6.4% at 95% confidence.

 

Question 3          Council is satisfied it has the capacity to act to impose a smoking prohibition.

 

Question 4          Council has incurred costs for policy development including consultant fees and staff time.

 

There have been no legal proceedings commenced.

 

Accordingly it would be purely speculative to comment on legal costs. “

 

 

 

 

 

Economy and Development

 

 

 

 

8.1

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. Also Team Leader Development Assessment Memorandum dated 23 April 2012. Also correspondence from Byrnes PDM dated 23 April 2012.

REASON FOR REFERRAL TO COUNCIL

                            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.

 

                            The application was also deferred from the Council Meeting held on 27 February 2012.

 

RESOLVED      (Barber/Wilson)

 

13066

(a)      That Development Application No. DA/174/2011/A be deferred until the Council meeting of 14 May 2012 to allow Council Staff to appropriately consider the recently submitted legal advice.

(b)      Further, that the applicant be advised of Council’s deferral of the section 96 modification.

 

 

DIVISION       The result being:

 

AYES             The Lord Mayor, Councillor L E Wearne and Councillors P B Barber, G J Elmore, P Esber, P J Garrard, A Issa, OAM, MP, S D Lloyd, P K Maitra, M D McDermott and A A Wilson.

 

NOES             Councillors J Chedid and C X Lim.

 

 

 

NOTE:       Councillor J D Finn declared an interest in relation to this matter as an employee of Housing NSW and temporarily left the meeting during consideration and voting on this issue.

 

 

 

 

8.2

SUBJECT          351 Blaxcell Street, SOUTH GRANVILLE 
(LOT 15 DP 35007) (Woodville Ward)

DESCRIPTION  Section 96 (2) Modification to approved alterations and additions to an existing heritage dwelling. Modifications include:
1. Internal room reconfiguration including associated external wall changes;
2. Rear roof modification;
3. Alterations to front awning.

REFERENCE    DA/216/2009/A - Submitted 10 February 2012

APPLICANT/S   De'bonnaire Designz

OWNERS           Mr & Mrs Zreika

REPORT OF      Manager Development Services

REASON FOR REFERRAL TO COUNCIL

                            The application is being referred to Council for determination as the application involves structural work to a listed heritage item.

 

RESOLVED      (Issa OAM, MP/Garrard)

 

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(a)    That Council as the consent authority, modify development consent DA/216/2009 in the following manner:

 

          Modify condition no. 1 in the following way:

 

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:

 

Drawing N0

Dated

Site plan, Floor plan, Elevations, Section and Calculations, Issue G, prepared by DeBonnaire Designz

14/2/2012

Detailed stormwater Plan

Prepared by De’bonnaire Designz

August 2009

           

Document(s)

Dated

Basix Certificate No. A130384

27/12/2011

 

Note:               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.

 

          The addition of the following condition:

 

5a.       The area annotated ‘front yard landscaped’ within the front setback is to be either a deep soil zone or landscaped area as defined in Parramatta DCP2011 (marked in red on the stamped plans).

            Reason:     To comply with Council requirements.

 

(b)    Further, that it be noted that the matter has been referred to Council’s Development Compliance Team under SR49638 for investigation and issue of a possible Penalty Infringement Notice associated with the unauthorised as-built works.

 

 

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, C X Lim, S D Lloyd, P K Maitra, M D McDermott and A A Wilson.

 

NOES             None.

 

 

 

 

 

8.3

SUBJECT          78 - 80 Adderton Road, CARLINGFORD
Lot 3 DP 20820, Lot4 DP 20820 & Lot 5A DP 387106
(Elizabeth Macarthur Ward)

DESCRIPTION  Section 82A review of a Section 96(2) application which sought approval to modify Development Consent No. DA/908/2005 for a town house development containing 9 dwellings. The modifications include:
1. Changes to the basement carpark including the deletion of the deep soil planting from internal courtyards;
2. Changes to the internal layout;
3. Changes to the external facade; and
4. Changes to the roof.

REFERENCE    DA/908/2005/A - 22 February 2012

APPLICANT/S   Mr. J Symin

OWNERS           Mr. J Symin

REPORT OF      Manager Development Services

REASON FOR REFERRAL TO COUNCIL

                            The application relates to a Section 82(A) review.

 

RESOLVED      (Esber/Chedid)

 

13068

(a)      That Council as the consent authority, change its previous determination of Development Application No.DA/908/2005/A and approve the proposed modifications to DA/908/2005 in the following manner:

1       Changes to the basement car park including the deletion of the deep soil planting from internal courtyards;

2       Changes to the internal layout;

3       Changes to the external facade; and

4       Changes to the roof.

(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, J Chedid, G J Elmore, P Esber, J D Finn, P J Garrard, A Issa, OAM, MP, C X Lim, S D Lloyd, P K Maitra, M D McDermott and A A Wilson.

 

NOES             None.

 

 

 

 

 

8.4

SUBJECT          1 Grose Street , Parramatta NSW 2150
(Lot 1 DP 1117917)  (Arthur Phillip Ward)

DESCRIPTION  Section 96(2) modification to an approved 54 place child care centre. Modification includes construction of basement storage beneath the approved child care centre .

REFERENCE    DA/412/2011/A - 24 January 2012

APPLICANT/S   Zhinar Architects

OWNERS           Parramatta  Leagues Club Limited

REPORT OF      Manager Development Services

REASON FOR REFERRAL TO COUNCIL

                            The Section 96(2) application relates to a Child Care Centre and a heritage listed site.

 

RESOLVED      (Chedid/Lim)

 

13069

 (a)      That Council as the consent authority modify Development Consent No. 412/2011  in the following manner:

 

          1. Modify condition No. 1 as follows:

 

         

Drawing N0

Dated

Site plan Job no. 8048 , DA-S96-02, Issue A by Zhinar architects

24 January 2012

Floor plans Job No.8048  , DA-S96-02 ,Issue A  by Zhinar Architects

24 January 2012

Elevations and Sections plan , Job No. 8048  , DA-S96-02 ,Issue A  by Zhinar architects

24 January 2012

Concept drainage  plan No. 6435-C DA01 and DA02, Issue A and Stormwater and Onsite Detention Layout Drawing and Notes,  Drawing No. 1117-CD A01, Issue “D”, sheet 1 of 1, prepared  by HKMA Engineers

16 June 2011

 and 20 February

 2012

           

Document(s)

Dated

Acoustic Report by Acoustic Logic

12 June 2011

Arborist report prepared by Redgum Horticultural

10 August 2011

Child care Operational Management Plan

16 June 2011

Waste Management Plan

1 July 2011

Statement  of Environmental Effects

16 June 2011

 and 1 July 2011

Materials Schedule

 

 

Note:               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.

 

2.      Add the following conditions to the consent:

 

88.  Prior to the commencement of any excavation works on site, the applicant must submit for approval by the Principal Certifying Authority (with a copy forwarded to Council) a full dilapidation report on the visible and structural condition of all neighbouring structures within the ‘zone of influence’ of the required excavation face to twice the excavation depth.

 

The report should include a photographic survey of adjoining properties   detailing their physical condition, both internally and externally, including such items as walls, ceilings, roof, structural members and other similar items. The report must be completed by a consulting structural/geotechnical engineer as determined necessary by that qualified professional based on the excavations for the proposal and the recommendations of the geotechnical report. Where the consulting geotechnical engineer is of the opinion that no dilapidation reports for adjoining structures are required, certification to this effect shall be provided for  by the Principal Certifying Authority prior to any excavation. A copy of the dilapidation report shall be submitted to Council.

 

In the event that access for undertaking the dilapidation survey is denied by an adjoining owner, the applicant must demonstrate in writing to the satisfaction of the Principal Certifying Authority that all reasonable steps have been taken to obtain access and advise the affected property owner of the reason for the survey and that these steps have failed.

       Note:                    This documentation is for record keeping purposes only, and may be used by an applicant or affected property owner to assist in any action required to resolve any dispute over damage to adjoining properties arising from works. It is in the applicant’s and adjoining owner’s interest for it to be as detailed as possible.

       Reason:       Management of records.

 

89. Prior to the issue of an amended construction certificate  or an occupation certificate which ever is earlier, an additional amount of $ 600.00 pursuant to Section 94A of the Environmental Planning and Assessment Act 1979 and the Parramatta Section 94 A development Contributions Plan is payable to Parramatta City Council. This is due to the increase in the estimated building cost. At the time of payment, the contribution levy will be indexed quarterly in accordance with movements in the Consumer Price Index (All Groups Index) for Sydney issued by the Australian Statistician.

          Reason: To comply with legislative requirements.

 

90. The applicant shall engage a suitably qualified person to prepare a post construction dilapidation report at the completion of the construction works. This report is to ascertain whether the construction works created any structural damage to adjoining buildings, infrastructure and roads. The report is to be submitted to the PCA. In ascertaining whether adverse structural damage has occurred to adjoining buildings, infrastructure and roads, the PCA must:

 

·    compare the post-construction dilapidation report with the pre-construction dilapidation report, and

·    have written confirmation from the relevant authority that there is no adverse structural damage to their infrastructure and roads.

A copy of this report is to be forwarded to Council.

Reason:          To establish the condition of adjoining properties prior building work and any damage as a result of the building works.

 

91. The stormwater system for the basement shall be constructed in accordance with the basement stormwater plan i.e. “Stormwater and Onsite Detention Layout Drawing and Notes”,  Drawing No. 1117-CD A01, Issue “D”, prepared  by HKMA Engineers (sheet 1 of 1) dated 20/02/2012. In order to make satisfactory arrangements for the operation of the stormwater pump‑out system, the system shall be designed and constructed to ensure the following are provided:

 

(a) A holding tank capable of storing the sub-soil drainage infiltrating from around basement for at least 2 hour duration storm event allowing for pump failure or 3m3 as proposed and shown on the approved stormwater plan, whichever is higher in capacity.

(b) Two pump system (on alternate basis) capable of emptying the holding tank at a rate equal to the lower of:

i.    The permissible site discharge (PSD) rate; or

ii.   The rate of inflow for the one hour, 5 year ARI storm event.

 

(c)     An alarm system comprising of basement pump-out failure warning sign together with a flashing strobe light and siren installed at a  clearly visible location at the entrance to the basement  facing towards the entrance, in case of pump failure.

(d)    A 100 mm freeboard to all parking spaces.

(e)    Submission of full hydraulic details and pump manufacturers specifications.

(f)      Pump out system to be connected to a stilling pit and gravity line before discharge to the street gutter.

 

Plans and design calculations along with certification from the designer indicating that the design complies with the above requirements are to be submitted to the satisfaction of the Principal Certifying Authority prior to issue of the Construction Certificate.

Reason:          To ensure satisfactory storm water disposal.

 

92.       The basement shall be used only for ancillary storage associated with the child care centre. 

          Reason: to ensure compliance with approved conditions.

 

(b)       That all other conditions of DA/412/2011 remain unmodified.

(c)        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, J Chedid, G J Elmore, P Esber, J D Finn, P J Garrard, A Issa, OAM, MP, C X Lim, S D Lloyd, P K Maitra, M D McDermott and A A Wilson.

 

NOES             None.

 

 

 

 

8.5

SUBJECT          65 & 68 McArthur Street, Guildford
(Lot 1 DP 748923 & Part Lot 1 DP 748923)(Woodville Ward)

DESCRIPTION  Use of a portion of an existing industrial building fronting Marian Street at 65 McArthur Street as a place of worship. Approval is also sought to use No. 68 McArthur Street as a carpark for the place of worship at 65 McArthur Street.

REFERENCE    DA/394/2011 - Submitted 14 June 2011

APPLICANT/S   W Hawshar

OWNERS           WD & HD Pty Limited

REPORT OF      Manager Development Services. Also Team Leader – Development Advice Memorandum dated 23 April 2012.

REASON FOR REFERRAL TO COUNCIL

                            This application is referred to Council for determination as the proposal is for a place of public worship.

 

MOTION              (Issa OAM, MP/McDermott)

 

 

 (a)     That Development Application No. DA/394/2011 for use of a portion of an existing industrial building fronting Marian Street as a place of worship and to use No. 68 McArthur Street as a car park for the place of worship at 65 McArthur Street Guildford be approved subject to conditions of consent as outlined in Attachment 1 of the Council report and with additional conditions as set out below:

 

Insert Condition 77 to read as follows:

 

77.     That prior to issue of an Occupation Certificate, all previous consents for 65 McArthur Street Guildford and 68 McArthur Street Guildford are to be surrendered by the applicant in accordance with the Environmental planning and Assessment Act 1979 and the Environmental Planning Assessment Regulations 2000.

 

78.     The use of any amplified sound equipment for the “call to pray” outside of the prayer hall is prohibited at any time.

(b)      That the existing use of the remainder of the industrial building at 65 McArthur Street be investigated, in line with what can be done as exempt development under State Environmental Planning Policy (Exempt & Complying Development) 2009.

(c)       That the matter be referred to Council’s Compliance Team to order the premises to cease operation until such time as an Occupation Certificate is issued and explore legal action or issue of PIN for continued use of premises without consent.

 

(d)      Further, that the objectors be advised of Council’s determination of the application.

 

 

 

FORESHADOWED

MOTION              (Garrard)

 

 

(a)     That the application be refused for the following reasons:-

1.          The proposal is contrary to Council’s DCP 2010 for “Places of Public Worship” as it fails to assess the impact upon surrounding streets.

2.          That from previous observations of the existing traffic generated by the existing use, the application fails to identify a realistic number of parking spaces required on the site.

3.          That based on previous observations, the application fails to adequately identify the realistic attendance numbers associated with such events and the measures to mitigate and manage their impact associated with traffic movements.

4.          The application fails to consider future parking needs that may result from anticipated growth of the congregation.

5.          The proposed detached parking area is not supported given the increased conflict between pedestrians and vehicles on McArthur Street and the impact that it will have on the residential amenity.

6.          The traffic report provided by the applicant fails to address existing traffic volumes on the section of McArthur, Marian and Woodstock Streets.

7.          The proposed parking area in McArthur Street will create pedestrian and vehicular safety issues to and from the prayer hall site and that Council believes therefore that the majority of worshippers would still park on street.

8.          Because the surrounding park and recreational area has limited off street parking, the parking associated with the proposal would create insufficient on street parking in the vicinity of Guildford Park for its existing needs.

9.          That the proposed use is not in the public interest.

10.     That Council does not agree to the removal of 11 trees.

(b)      Further, that Council acknowledges the existing unauthorised use of the premises and that the matter be referred to Council’s Compliance Team to order the premises to cease operation and that immediate action be taken to either explore legal action or issue a PIN for continued use of the premises without consent.

 

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The motion was put and carried.

 

 

 

 

DIVISION       The result being:

 

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

 

NOES             Councillors J Chedid, P J Garrard and C X Lim.

 

 

 

NOTE:       The foreshadowed motion was a direct negative of the motion and could not be considered as an amendment.

 

                    As the motion was ultimately successful, the foreshadowed motion was not required to be put to the Chamber.

 

 

FURTHER NOTE: Councillor M A Lack arrived at the meeting at 7.45 pm during consideration of this matter.

 

 

 

 

8.6

SUBJECT          1 Grand Avenue, CAMELLIA  NSW  2142
(Lot 1 DP 226202, Lot 1 DP 579735, Lot 2 DP 579735, Lot 201 DP 669350, Lot 102 DP 1146308)
(Elizabeth Macarthur Ward)

DESCRIPTION  Transitional Part 3A of Environmental Planning and Assessment Act 1979 - MP 10_0028 - Remondis Alternative Waste Treatment Facility, Camellia

REFERENCE    NCA/2/2011 - 29 April 2010

APPLICANT/S   Remondis Pty Ltd

OWNERS           Billbergia Group Pty Ltd

REPORT OF      Manager Development Services. Also Development Assessment Officer Memorandum dated 23 April 2012.

REASON FOR REFERRAL TO COUNCIL

To seek Council’s endorsement of a submission to the Director General of the Department of Planning on the project application for approval for the Remondis Alternate Waste Treatment Facility

 

The application is made under Schedule 3 of State Environmental Planning Policy (Major Development) 2005. Under Part 3A of the Environmental Planning and Assessment Act 1979, the proposal is declared as a Major Project and the Minister for Planning is the Consent Authority for the above project

 

 

RESOLVED      (Wilson/Chedid)

 

13071

(a)      That Council lodge an objection to this development on grounds of Council’s future plans for the Camellia precinct, due to the high levels of contamination on the site and the general unsuitability of the proposed usage of the site.

(b)      That in any submission the main potential benefits as outlined in the report in paragraph 4 of Social Outcomes Comments be removed.

(c)       That Council’s submission further request that access to the site be from north Grand Avenue across the railway line and should this access be allowed, the road pavement is to be upgraded appropriately.

(d)      Further, that an investigation be undertaken of the extent of capping on the site.

 

 

 

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,  C X Lim, M A Lack, S D Lloyd, P K Maitra, M D McDermott and A A Wilson.

 

NOES             None.

 

 

 

NOTE:       1       Councillor P J Garrard left the meeting at 8.06 pm and returned at 8.10 pm during consideration of this matter.

 

                    2       Councillor P Esber left the meeting at 8.10 pm and returned at 8.16 pm during consideration of this matter.

 

 

 

 

 

8.7

SUBJECT          Former Channel 7 Studios, 61 Mobbs Lane, Epping
(Lot 1 DP 129023, Lot 2 DP 129023, Lot 1 DP 570891, Lot 2 dp 732070) (Lachlan Macquarie Ward)

DESCRIPTION  Pursuant to Section 75W (1)(a) of the Environmental Planning and Assessment Act 1979, a modification of approval is sought to vary the relevant conditions pertaining to the timing of installing Traffic Lights at the corner of Marsden Road and Mobbs Lane in connection with the development at 61 Mobbs Lane, Epping.

REFERENCE    NCA/5/2011 - Submitted 26 March 2012

APPLICANT/S   Meriton Apartments Pty Limited

OWNERS           Karimbla Properties (No 9) Pty Limited

REPORT OF      Manager Development Services

REASON FOR REFERRAL TO COUNCIL

                            To seek Council’s endorsement of a submission to the Director General of the Department of Planning on the project application to modify conditions on approved major project applications: Major Project 05_0086, Major Project 08_0258, Major Project 10_0107 and Major Project 10_0158.

 

RESOLVED      (Esber/Elmore)

 

13072

(a)      That Council endorse the submission made by Council staff provided in Attachment 1 to the report which opposes further delay to install the traffic signals at the intersection of Mobbs Lane and Marsden Road.

(b)      Further, that Council write to the private certifier advising of the requirement to provide signals at the intersection of Marsden Road and Mobbs Lane.

 

 

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,  C X Lim, M A Lack, S D Lloyd, P K Maitra, M D McDermott and A A Wilson.

 

NOES             None.

 

 

 

 

 

8.8

SUBJECT          Planning Proposal - 2-12 River Road West, Parramatta

REFERENCE    RZ/6/2010 - D02319508

REPORT OF      Group Manager Outcomes and Development

 

RESOLVED      (Esber/Chedid)

 

13073

(a)     That Council endorse a revised planning proposal for 2-12 River Road West, Parramatta to:

·       rezone the land to part B4 Mixed Use and part RE1 Public Recreation;

·       permit a maximum building height of 37 metres (11 storeys) at Nos. 2-8 River Road West and 40 metres (12 storeys) at Nos. 10-12 River Road West;

·        permit a maximum floor space ratio of 3.4:1 at Nos. 2-8 River Road West and 3.3:1 at Nos.10-12 River Road West;

·       require a foreshore building line of 15 metres measured  to the mean high water mark; in accordance with maps provided at Attachment 3 of report.

(b)      That a revised planning proposal be referred to the Department of Planning & Infrastructure for Gateway determination.

(c)     That subject to Gateway determination, the planning proposal be placed on public exhibition and referred to relevant public authorities in accordance with the conditions set by the Gateway determination.

(d)     That a report be put to Council on the draft Development Control Plan (DCP) and draft Voluntary Planning Agreement (VPA) for the site for endorsement to publicly exhibit concurrently with the planning proposal.

(e)     Further, that Council write to the local State MPs and request the necessary representations on behalf of Council to ensure that the Minister treats this planning proposal with an appropriate level of expediency.

 

 

DIVISION       The result being:

 

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

 

NOES             None.

 

 

 

NOTE:       Councillor P B Barber retired from the meeting at 8.42 pm during consideration of this matter.

 

 

 

8.9

SUBJECT          Submission to the NSW Department of Planning and Infrastructure on proposed changes to the LEP making process

REFERENCE    F2007/02152 - D02321561

REPORT OF      A/Manager Land Use Planning

 

RESOLVED      (Esber/Chedid)

 

13074

(a)      That Council adopt the submission at Attachment 2 to the draft Policy Statement on the proposed changes to the LEP making process and forward the submission to the NSW Department of Planning and Infrastructure for its consideration.

(b)      Further, that Council approach WSROC and seek support for Council’s decision.

 

 

 

ADJOURNMENT OF MEETING

 

 

In accordance with Council's decision of 23 October 2000 (Minute No 5712) the meeting adjourned at 8.47 pm for a period of 16 minutes.

 

 

RESUMPTION OF MEETING

 

 

The meeting resumed in the Council Chamber at 9.03 pm, there being in attendance The Lord Mayor, Councillor L E Wearne and Councillors J Chedid  G J Elmore, P Esber, J D Finn, P J Garrard, M A Lack, C X Lim, S D Lloyd, M D McDermott, P K Maitra and A A Wilson.

 

 

 

 

Environment and Infrastructure

 

 

 

 

 

9.1

SUBJECT          Parramatta City Council Climate Extremes Risk Assessment and Adaptation Plan

REFERENCE    F2010/00355 - D02319885

REPORT OF      Senior Project Officer – Environmental Outcomes

 

RESOLVED      (Elmore/Finn)

 

13075

(a)     That Council adopt the Parramatta City Council Climate Extremes Risk Assessment and Adaptation Plan and;

(b)     Further, that copies of the adopted Plan be issued to Parramatta Central Library and placed on Council’s website under publications.

 

 

NOTE:       Councillor A Issa, OAM, MP returned to the meeting at 9.04 pm during consideration of this matter.

 

 

 

9.2

SUBJECT          Minutes of the Parramatta Traffic Committee meeting held on 29 March 2012

REFERENCE    F2012/00041 - D02322245

REPORT OF      Service Manager Traffic and Transport; Traffic & Transport Support Officer.

 

RESOLVED      (Esber/Issa OAM, MP)

 

13076

That the minutes of the Parramatta Traffic Committee meeting held on 29 March 2012 be adopted.

 

 

 

 

9.3

SUBJECT          Minutes of the Traffic Engineering Advisory Group meeting held on 29 March 2012

REFERENCE    F2012/00040 - D02322263

REPORT OF      Service Manager Traffic and Transport; Traffic and Transport Support Officer

 

RESOLVED      (Esber/Elmore)

 

13077

That the minutes of the Traffic Engineering Advisory Group Meeting held on 29 March 2012 be adopted.

 

 

 

 

9.4

SUBJECT          Council Submission on the Discussion Paper on the NSW Long Term Transport Master Plan

REFERENCE    F2010/00746 - D02322697

REPORT OF      Senior Project Officer - Transport Planning

 

RESOLVED      (Esber/Lim)

 

13078

 (a)    That Council adopt the submission to the Discussion Paper on the NSW Long Term Transport Master Plan.

(b)     Further, that Council continue to promote, investigate and deliver key transport projects to support the planned growth of Parramatta and Western Sydney.

 

 

 

Community and Neighbourhood

 

 

10.1

SUBJECT          Review of Council's Advisory Committees

REFERENCE    F2004/07575 - D02313667

REPORT OF      Community Capacity Building Officer

 

RESOLVED      (Lim/Maitra)

 

13079

 (a)      That Council note the report of the effectiveness of its Advisory Committees including their membership, achievements and any challenges they are experiencing and ways of addressing these challenges.

(b)       That the Aboriginal and Torres Strait Islander, Access, Cycleways and Heritage Advisory Committees continue to be resourced and supported to provide Council with information and advice from community members.

(c)        That bi-annual Youth Issues fora and other community consultation strategies outlined in this report including social media and face-to-face fora continue to be utilised to engage with young people, families, artists, and other communities members.

(d)       That the Granville Youth and Community Centre Management Advisory Committee be formalised as an Advisory Committee of Council and that current Management Committee Members provide input into the development of its Terms of Reference

(e)       Further, that Council seeks expressions of interest for Members of all the Advisory Committees in August 2012 to enable the new Council to re-establish the Committees following the local government elections.

 

 

 

 

10.2

SUBJECT          Aboriginal and Torres Strait Islander Advisory Committee Meeting 27 March 2012

REFERENCE    F2005/01941 - D02316919

REPORT OF      Community Capacity Building Officer

 

RESOLVED      (Lim/Maitra)

 

13080

 (a)      That the minutes of the Aboriginal and Torres Strait Islander Advisory Committee of 27 March 2012 be received and noted.

(b)       That Council accept the membership applications of Christina Nobilia, Gai Sheree, Kerrie Kenton and Gordon Workman for Council’s Aboriginal and Torres Strait Islander Advisory Committee received during the last week of March 2012.

(c)       Further, that Council note there is no request for additional expenditure.

 

 

 

 

Governance and Corporate

 

 

 

11.1

SUBJECT          CBD & Town Centre Design and Development Conference - 23 -24 May 2012 - Sydney

REFERENCE    F2005/00638 - D02236247

REPORT OF      Executive Support Manager

 

RESOLVED      (Esber/Lloyd)

 

13081

That any Councillors interested in attending the CBD & Town Centre Design and Development Conference in Sydney from 23 – 24 May 2012 advise the Office of the Lord Mayor.

 

 

 

 

11.2

SUBJECT          National General Assembly of Local Government Conference - 17 - 20 June 2012 - Canberra

REFERENCE    F2012/00069 - D02304846

REPORT OF      Executive Support Manager

 

RESOLVED      (Esber/Lloyd)

 

13082

That any Councillors interested in attending the National General Assembly of Local Government Conference being held in Canberra from 17 – 20 June 2012 advise the Office of the Lord Mayor.

 

 

 

 

11.3

SUBJECT          Investments Report for February 2012

REFERENCE    F2009/00971 - D02309240

REPORT OF      Manager Finance

 

RESOLVED      (Esber/Lim)

 

13083

That Council receive and note the investments report for February 2012.

 

 

 

 

Notices of Motion

 

 

 

12.1

SUBJECT          Review of Depot Operations

REFERENCE    F2010/01222 - D02326013

REPORT OF      Councillor P J Garrard

 

MOTION              (Garrard)

 

 

(a)      That in order to monitor and recognise the need for improvements which have been introduced into the operation of the Council Depot, that the Chamber resolves to engage LSI Pty Ltd to undertake a further review of the progress made in the Depot’s operation, since the previous review undertaken in June 2010, and to highlight any operational area for specific Council attention/follow up.

(b)      Further, that the Office of the Lord Mayor oversee the review, together with a committee of 4 Councillors, which will report back to the Chamber at the first available opportunity.

 

 

 

The Lord Mayor, having received  appropriate legal advice, ruled the notice of motion out of order.

 

 

 

 

FURTHER

MOTION    (Wilson/Chedid)

 

 

That Councillors be advised on the progress of the review of the Council Depot together with information on the selection process for the contractor to undertake the review.

 

13084

The further motion was put and lost.

 

 

NOTE:     1          Councillors J Chedid and P Esber left the meeting at 9.07 pm and returned at 9.08 pm during consideration of this matter.

 

                  2          The Lord Mayor advised that a Suspension of Standing Orders to further discuss this matter would be acceptable if moved during Closed Session.

 

  

 

 

CLOSED SESSION

 

 

RESOLVED      (Esber/Elmore)

 

13085

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 6/2012 North East Corner of Church and Palmer Streets, Parramatta – Construction of New Footpath with Exposed Aggregate Concrete Pavers, New Kerb Ramps and Associated Works. (D02304687) - 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.

2       Tender 5/2012 Rawson Street to Boronia Park, Epping – Access Pathway Upgrade – Construction of New Widened Pathway, Kerb Construction and Associated Works. (D02310429) - 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       2012 PCC Annual Grants Program. (D02301913) - This report is confidential in accordance with section 10A (2) (a) of the Local Government Act 1993 as the report contains personnel matters concerning particular individuals.

4       Potential acquisition of land in Guildford for local open space. (D02321628) - 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.

5       CEO Performance Review (F2011/03465) - This report is confidential in accordance with section 10A (2) (a) of the Local Government Act 1993 as the report contains personnel matters concerning particular individuals.

 

NOTE:        Councillor A A Wilson left the meeting at 9.09 pm during consideration of this matter and returned during Item 13.1 of Closed Session.

 

 

 

 

RESUMPTION OF MEETING

 

 

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

 

 

 

13.1

SUBJECT          Tender 6/2012 North East Corner of Church and Palmer Streets, Parramatta – Construction of New Footpath with Exposed Aggregate Concrete Pavers, New Kerb Ramps and Associated Works.

REFERENCE    F2012/00441 - D02304687

REPORT OF      Supervisor - Project Management

 

RESOLVED      (Esber/Issa OAM, MP)

 

13086

(a)       That the tender submitted by The Glascott Group Pty Ltd for the construction of new footpath with exposed aggregate concrete pavers, new kerb ramps and associated works at the north east corner of Church and Palmer Streets, Parramatta for the sum of $130,683.00 (excluding GST) be accepted.

(b)       That all unsuccessful tenderers be advised of Council’s decision in this matter.

(c)        Further, that the Lord Mayor and Chief Executive Officer be given delegated authority to execute and affix the Common Seal of Council to the necessary documents.

 

 

 

 

13.2

SUBJECT          Tender 5/2012 Rawson Street to Boronia Park, Epping – Access Pathway Upgrade – Construction of New Widened Pathway, Kerb Construction and Associated Works.

REFERENCE    F2012/00439 - D02310429

REPORT OF      Supervisor - Project Management

 

RESOLVED      (Esber/Wilson)

 

13087

 (a)      That the tender submitted by The Glascott Group Pty Ltd for the construction of an access pathway from Rawson Street to Boronia Park, Epping for the sum of $201,891.24 (excluding GST) be accepted.

(b)       That all unsuccessful tenderers be advised of Council’s decision in this matter.

(c)        Further, that the Lord Mayor and Chief Executive Officer be given delegated authority to execute and affix the Common Seal of Council to the necessary documents.

 

 

 

 

13.3

SUBJECT          2012 PCC Annual Grants Program

REFERENCE    F2011/01895 - D02301913

REPORT OF      Community Project Officer

 

RESOLVED      (Elmore/Lack)

 

13088

That Council adopts the recommended expenditure of the 2011 – 2012 Community Grants Program as summarised in Attachment 1.

 

 

 

 

13.4

SUBJECT          Potential acquisition of land in Guildford for local open space

REFERENCE    F2011/00894 - D02321628

REPORT OF      Project Officer-Land Use

 

RESOLVED      (Esber/Lack)

 

13089

(a)     That Council approach the owners as described in the report to determine if they are receptive to the sale of their land to Council for the purpose of local open space.

(b)     That, subject to consultation with the property owners, Council identify 8 contiguous parcels within the 10 parcels referred to in (a) above as the preferred site and proceed to enter into negotiations with those owners, subject to budget constraints and the gradual accumulation of funds referred to in (c) below.

(c)     Further, that the results of the consultation with the property owners and any early negotiations be the subject of a further report to Council.

 

NOTE:       Councillor G Elmore declared an interest in this matter as he knows one of the property owners and temporarily left the meeting during consideration and voting on this issue.

 

 

 

 

13.5

SUBJECT          CEO Performance Review

REFERENCE    F2011/03465

FROM                 The Lord Mayor, Councillor Lorraine Wearne

 

RESOLVED      (Wearne/Chedid)

 

13090

(a)      That Council approve the engagement of the specialist external consultancy identified in the report to undertake an annual review of the CEO’s performance, in accordance with the approach described in the report.

(b)      Further, that Council appoint the Lord Mayor, Councillor L E Wearne and Councillors J D Finn, S Lloyd, P K Maitra and A Wilson to form the CEO Performance Review Committee.

 

 

 

 

13.6

SUBJECT          Review of Council Depot Operations

REFERENCE    F2010/01222

FROM                 Councillor Andrew Wilson

 

RESOLVED      (Wilson/Lloyd)

 

13091

 

(a)      That staff be congratulated on the works undertaken to date to improve operations at Council’s Depot.

(b)      Further, that all Councillors continue to be updated on a quarterly basis on the review process to be undertaken at the Depot.

 

 

NOTE:      Councillor A Issa, OAM, MP retired from the meeting at 9.24 pm during consideration of this matter.

 

 

 

QUESTION TIME

 

 

 

 

1

SUBJECT          Forum for Culturally Diverse Persons

REFERENCE    F2004/075

FROM                 Councillor Mark Lack

 

 

13092

Councillor Lack sought advice as to when the “Advisory Committee” would meet as a forum or appropriate group of persons to discuss matters affecting people from culturally diverse backgrounds in the Parramatta area.

 

The meeting should include representatives from these communities together with agencies that provide significant community service support to diverse communities in the area.

 

 

 

NOTE:       Councillor A Wilson retired from the meeting at 9.35 pm during consideration of this matter.

 

 

 

 

2

SUBJECT          Congratulations to CEO and Social Media Staff

REFERENCE    F2008/04592

FROM                 Councillor Scott Lloyd

 

 

13093

Councillor Lloyd expressed his appreciation to staff for the use of social media such as twitter to rapidly address community concerns relating to recent park closures.

 

 

 

 

3

SUBJECT          Australian Continuous Improvement Group

REFERENCE    F2011/03465

FROM                 Councillor Paul Garrard

 

 

13094

Councillor Garrard sought advice as to whether the Australian Continuous Improvement Group is on the NSW Procurement List.

 

The Lord Mayor advised that the matter would be investigated and a response provided to Councillor Garrard.

 

The Chief Executive Officer noted that there was no requirement for the Group to be appear on the list.

 

 

 

NOTE:       Councillor M McDermott retired from the meeting at 9.36 pm during consideration of this matter.

 

 

 

 

4

SUBJECT          Best Wishes to Council's Manager Development Services - Ms Louise Kerr

REFERENCE    F2008/04592

FROM                 Councillor John Chedid

 

RESOLVED      (Chedid/Lack)

 

13095

That Council express its best wishes and congratulations to Council’s Manager Development Services, Ms Louise Kerr, on her recent appointment to a new position with Sydney City Council.

 

 

 

The meeting terminated at 9.38 pm.

 

THIS PAGE AND THE PRECEDING 24 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON MONDAY 23 APRIL 2012 AND CONFIRMED ON MONDAY, 14 MAY 2012.

 

 

 

 

 

Lord Mayor