MINUTES OF THE Meeting of Parramatta City Council HELD IN THE Council Chamber, CIVIC PLACE, PARRAMATTA ON Tuesday, 12 June 2012 AT 6:48 pm
The Lord Mayor, Councillor L E Wearne in the Chair and Councillors P B Barber (retired 10.24 pm), A Bide, J Chedid, G J Elmore, P Esber, P J Garrard, A Issa, OAM MP, M A Lack, C X Lim, S D Lloyd, P K Maitra, M D McDermott (retired 10.24 pm) and A A Wilson (Deputy Lord Mayor – retired 8.18 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
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RESOLVED (Esber/Lim)
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That the minutes be taken as read and be accepted as a true record of the Meeting. |
APOLOGIES
13163 RESOLVED (Esber/Wilson)
That an apology be received and accepted for the absence of Councillor J D Finn and it be noted that Councillor A A Wilson will be retiring early from the meeting.
DECLARATIONS OF INTEREST
Councillor P Esber declared a non pecuniary interest in relation to Item 8.1 of Domestic Applications regarding the development application submitted in respect of 19/5 – 7 Kleins Road, Northmead as he is a part owner of a property at the corner of Kleins and Briens Roads, Northmead but signified his intention to remain in the Chamber and vote on this issue.
PETITIONS
1 |
SUBJECT Support for Harry's Cafe de Wheels Parramatta Extension of Trading Hours REFERENCE DA/523/2008/B FROM M Christie and others |
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RESOLVED (Lim/Bide)
That the petition be received and noted.
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LORD MAYORAL MINUTE
Note
A second Lord Mayoral Minute regarding Civic Place Rebranding has been listed for consideration as Item 12.4 in Closed Session in accordance with Section 10A(2)(d) of the Local Government Act – Commericial Information of a confidential nature.
PUBLIC FORUM
EXTENSION OF PUBLIC FORUM
13167 RESOLVED (Bide/Barber)
That the period 15 minute period permitted for Public Forum be extended to allow the remaining participants to be heard.
2 |
SUBJECT Development Application - 17 - 19 Soudan Street, Merrylands REFERENCEDA/796/2011 FROM Hansen Zhou |
13168 |
Thanks for taking consideration of my submission at previous Council meeting. I appreciated the opportunity for me to express opinion again.
Firstly, we feel if the proposal could comply with Parramatta Council DCP 3.3.3.C3 minimum requirement, it would solve those privacy, overshadowing, overlooking issues for surrounding neighbours and residents lived inside, make our life much more comfortable. Why only 30% living area meet the minimum separation requirement? Council has recommended removing Villa 9 (Assessment Page 8). Why applicant refused to adopt Councils’ suggestion?
Secondly, for road safety concerns:
1) 40 householders in this area believe the proposed 20 cars’ driveway entrance is too close to the intersection. There were 3 head-on collisions and 2 off carriageway accidents reported before June 2010. Why Council did not obtain current two years accidents report? The frontage of the entrance is a classified arterial road- "Mombri Street", a 60 k speed zone. It would cause more traffic conflicts, chaos, and delays in this intersection and adjacent intersection
2) According Council's assessment (Page 13): “Based on the analysis and information submitted by the applicant, the proposed development is not expected to have a significant traffic impact on Soudan Street and the surrounding road network." But the applicants' traffic report does not mention one word about the intersection, nor does the traffic condition in Mombri Street, the real street provide entrance for this development.
3) There is no safe walk route to train station from this site because of lack of pedestrians crossing in major intersections around. Actual walk distance to train station would double the 400 metres. It would increase risk for pedestrians.
4) Eastern part of Soudan Street is a short and quiet street. There are about twenty children under 10 usually playing along the street. Only this part of Soudan Street can offer spaces for construction vehicles and new residents’ parking later on. It would change our safe street environment for ever.
Finally, The four townhouses in front have flat roofs, does not match the street character at all. And why there is no retaining wall in eastern boundary to protect neighbours’ property?
For above reasons, this development would not be in the public interest. We are plea Council to exam above issues, and consider reducing the size of redevelopment and redesigning the driveway access. Thanks.”
Response from Brad Delapierre, Team Leader-Development Assessment:-
“Question 1:
Response: The assessment of the application reveals that there are no significant overlooking or overshadowing issues from the proposed development. The separation distances within the proposed development relate to internal, not external amenity issues. There are only 3 areas of non-compliance with separation distances. It is considered that the separation distances are acceptable having regards to the usage of those spaces. The rear internal courtyard acts as an external foyer and is the primary access to the 5 rear dwellings and spans a small distance of approximately 12m in length. This area will only be used for pedestrian access directly to dwellings. It will not be used as a common open space area or for any type of high usage activities. It is considered that the separation distances between the buildings allow for adequate landscaping, privacy and safe pedestrian access. This results in a satisfactory amenity for the future occupants of the site, as well as visitors to the site.
Council’s Urban Designer recommended the consideration of removing or relocating Villa 9 to improve internal amenity. The villas were reconfigured (and Villa 9 reduced in size) to provide a more pleasant entry environment and more defined common space. This design modification addressed the concerns raised.
Question 2:
Response: At the time of writing the previous comments the most recent accident was up to June 2010. According to this RMS accident data, there have been 5 reported accidents (2 single vehicle - off carriageway to left and right bend and 3 head-on collisions) in the east-south bound direction near the intersection of Mombri Street/Loftus Street and Soudan Street, Merrylands during the 5-year period from July 2005 to June 2010. Data up to the end of 2010 is now available. From July 2010 to December 2010, there have been 2 reported accidents (single vehicle - off road collision) at this bend. Note that there were also likely to have been unreported accidents.
The accidents at this bend do not relate to the intersection with Soudan Street or the driveways at the site of the proposed development.
Works were undertaken to correct the super elevation of the bend along this section of Mombri Street between 13 February 2012 and 11 April 2012. This work is to address the collision history and in theory will result in less accidents.
Mombri Street is classified as a secondary road under the control and management of Council. Soudan Street is a local road. The driveway is located in Soudan Street.
Question 3:
Response: The proposed development is for construction of 4 townhouses and 5 villas. In accordance with the RMS Guide to Traffic Developments, the traffic estimated to be generated by the proposal is 5.4 vehicle trips during the peak hour. The traffic generation of the existing dwellings is estimated to be 1.7 vehicle trips during the peak hour. Therefore, the potential increase in traffic generation is estimated to be 3.7 vehicle trips per peak hour. This is not a significant addition to the existing traffic volume in Soudan Street and Mombri Street. The average daily traffic volume in Soudan Street is 355 vehicles as measured in 2008.
Question 4:
Response: The median island in Loftus Street between Soudan Street and Smythe Street has a gap (similar to a refuge island) with kerb ramps for pedestrians to cross the road in two parts. Residents of the area generally use this route to access the railway station. Residents can walk to the station via the north side of and Mombri Street and under the Railway Terrace bridge to avoid crossing Loftus Street and Mombri Street.
Question 5:
Response: If this DA is to be approved, a Construction Traffic Management Plan would be required to be submitted to Council for approval prior to issue a construction certificate, as part of the DA Consent for this proposal. There are 20 parking spaces for residents and visitors proposed for the 9 dwellings. DCP 20011 requires 16 spaces to be provided for the development. The development exceeds this requirement. Given there is unlikely to be a significant increase in on-street parking as a result of this development.
Question 6:
Response: The majority of the existing housing stock within the area is low density detached dwelling houses. The subject site is zoned R3 Medium Density Residential and the envisaged future character of the area will incorporate multi dwelling housing. Whilst the proposal contains elements of design that are not in character with the area, they are compatible with the existing character and typical of the future character of the area. Many new higher density developments have low pitched roofs. This is a design element that not only reflects modern architectural trends, but also assists in reducing impacts of bulk and scale and overshadowing. The proposed roof design is acceptable from an urban design perspective.
There is no cut or fill proposed along the eastern boundary and therefore no retaining walls are required along this boundary.”
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ITEMS TO BE BROUGHT FORWARD
13171 RESOLVED (Wilson/Lloyd)
That Items 9.1, 9.4 and 9.8 of Reports – Major Applications be brought forward and heard at this point in the meeting.
9.1 |
SUBJECT 3 Ferndell Street , South Granville NSW 2142 DESCRIPTION Occupation of premises as a place of public worship with internal alterations and additions. REFERENCE DA/758/2011 - 31 October 2011 APPLICANT/S Bukhari House Association OWNERS Bukhari House Association Incorporated REPORT OF Manager Development Services REASON FOR REFERRAL TO COUNCIL This application is referred to Council for determination as the proposal is for a place of public worship. |
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RESOLVED (Garrard/Bide) |
13172 |
(a) That this matter be deferred for an on site meeting to be held on Friday afternoon, 22 June 2012 at 1.00pm.
(b) Further, that Council officers ensure that an invitation to attend the on site meeting is forwarded to the residents of 16 and 26 Wellington Road, South Granville.
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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, P Esber, A Issa OAM MP, P J Garrard, G Elmore, M Lack, C X Lim, S Lloyd, M McDermott, P Maitra and A A Wilson.
NOES Nil.
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9.4 |
SUBJECT 5 Lexington Avenue Eastwood (Lot 9 DP 9950) (Lachlan Macquarie Ward) DESCRIPTION Demolition, tree removal and construction of a two storey attached dual occupancy development. REFERENCE DA/34/2012 - Lodged 18 January 2012 APPLICANT/S Mr H Zhang OWNERS Mrs N F Steele REPORT OF Manager Development Services. Also Team Leader – Development and Certification Memorandum dated 5 June 2012. REASON FOR REFERRAL TO COUNCIL The application is referred to Council due to the number of submissions received. |
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RESOLVED (Wilson/Esber) |
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13173 |
(a) That Council as the consent authority grant development consent to Development Application No. DA/34/2012 for demolition, tree removal and construction of a two storey attached dual occupancy development with front fence and Torrens title subdivision at 5 Lexington Avenue, EASTWOOD NSW 2122 for a period of five (5) years for physical commencement to occur from the date on the Notice of Determination subject to the conditions contained in attachment one (1) together with the following amendments and additional condition to reflect the amended plans received following the on-site meeting of 2 June 2012:
Condition no. 1 shall be modified as follows:
1. The development is to be carried out in accordance with the following plans endorsed with Council’s Stamp as well as the documentation listed below, except where amended by other conditions of this consent:
Note: In the event of any inconsistency between the architectural plan(s) and the landscape plan(s) and/or stormwater disposal plan(s) (if applicable), the architectural plan(s) shall prevail to the extent of the inconsistency. Reason: To ensure the work is carried out in accordance with the approved plans.
Condition no. 56 shall be modified as follows:
56. 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. No. 411912S_02 and No. 411914S_02, will be complied with prior to occupation. Reason: To comply with legislative requirements of Clause 97A of the Environmental Planning & Assessment Regulation 2000.
The following additional condition shall be included under ‘Prior to the release of the Construction Certificate’ and shall be known as condition 20(a):
20(a). The floor to ceiling heights on the ground floor shall be reduced to a maximum of 2.7m (apart from a transition zone 3m deep where FFL’s change, where the floor to ceiling height may be 3m) The first floor ceiling heights shall be reduced from 2.6m to 2.4m. Further the overall height of the building shall also be lowered to reflect the lowering of the internal floor to ceiling heights. Amended plans illustrating this shall be submitted to the PCA prior to the release of the Construction Certificate. Reason: To improve the availability of sunlight to the adjoining properties.
(b) Further, that the objectors 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, P Esber, A Issa OAM MP, P J Garrard, G Elmore, M Lack, C X Lim, S Lloyd, M McDermott, P Maitra and A A Wilson.
NOES Nil.
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9.8 |
SUBJECT V by Crown Development, 45-47 Macquarie Street and 134-140 Marsden Street Parramatta DESCRIPTION Pursuant to Section 75W of the Environmental Planning and Assessment Act 1979, a modification of approval is sought to modify the design of the approved mixed use development. REFERENCE NCA/6/2010 - NCA/6/2010 APPLICANT/S Crown International Holdings (Crown) OWNERS Crown Landmark Pty. Ltd and Sathio Investments Pty. Ltd and Crown Cornerstone Investments Pty. Limited. REPORT OF Manager Development Services. Senior Development Assessment Officer Memorandum dated 12 June 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 draft Director General’s Requirements which will assist the applicant in the preparation of a future application to modify conditions on approved major project applications: Major Project MP09_0167. |
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RESOLVED (Esber/Garrard) |
13174 |
That Council make a submission in the following terms:-
1. The Council accepts the change in use from commercial office to serviced apartments. 2. The Council accepts the minor increase in FSR proposed due to the change being negligible and can be substantiated by the material public benefit created by the applicant’s treatment of pblic accessible spacing fronting Macquarie Street including the archaeological interpretation. 3. The applicant shall provide details of the external elevations to ensure a high quality urban expression consistent with Council’s desired architecture outcome for the Parramatta CBD. 4. The applicant shall provide details of the height clearances required for the cellar component of the interpretive facility. 5. The council accepts that the proposed car park is no different than that previously approved. 6. The applicant shall provide details indicating how the piazza can be activated. 7. That bike spaces to remain at 86 spaces. 8. That Section 94 levy is to be 3%.
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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, P Esber, A Issa OAM MP, P J Garrard, M Lack, C X Lim, S Lloyd, P Maitra and A A Wilson.
NOES Councillors G Elmore and M McDermott.
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NOTE
1. Councillor A Bide left the meeting at 7.55pm and returned at 7.57pm during consideration of this matter.
2. Councillor P J Garrard left the meeting at 8.08pm and returned at 8.09 pm during consideration of this matter.
3. Councillor P B Barber left the meeting at 8.15pm during consideration of this matter.
4. Councillor A Wilson retired from the meeting at 8.18pm following consideration of this matter.
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FURTHER ITEM TO BE BROUGHT FORWARD
13175 RESOLVED (Chedid/Lloyd)
That Item 9.2 regarding the development application submitted for 70 Wigram Street, Harris Park be brought forward and considered at this point in the meeting.
9.2 |
SUBJECT 70 Wigram Street, Harris Park (Lot C DP 395244)(Elizabeth Macarthur Ward) DESCRIPTION Fit out and use as a restaurant. REFERENCE DA/887/2011 - DA/887/2011 APPLICANT/S Mr D Bhardwaj OWNERS Dr R Parkawk 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 (Chedid/Lloyd) |
13176 |
(a) That the Council as the consent authority grant development consent to Development Application No. DA/887/2011 for fitout and use as a restaurant including internal fitout works and construction of an awning over outdoor seating at 70 Wigram Street, HARRIS PARK NSW 2150 for a period of five (5) years from the date on the Notice of Determination subject to the conditions contained in Attachment 1.
(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 A Bide, J Chedid, P Esber, A Issa OAM MP, P J Garrard, G Elmore, M Lack, C X Lim, S Lloyd and P Maitra.
NOES Councillor M McDermott.
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Reports - Domestic Applications
ADJOURNMENT OF MEETING
In accordance with Council's decision of 23 October 2000 (Minute No 5712) the meeting adjourned at 8.51 pm for a period of 18 minutes.
RESUMPTION OF MEETING
The meeting resumed in the Council Chamber at 9.09 pm, there being in attendance The Lord Mayor, Councillor L E Wearne and Councillors P B Barber, A Bide, J Chedid, G J Elmore, P Esber, P J Garrard, A Issa, OAM MP, M A Lack, C X Lim, S D Lloyd, M D McDermott and P K Maitra.
Reports - Major Applications
Notices of Motion
Economy and Development
CLOSED SESSION
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Members of the press and public be excluded from the meeting of the Closed Session and access to the correspondence and reports relating to the items considered during the course of the Closed Session be withheld. This action is taken in accordance with Section 10A(2) of the Local Government Act, 1993 as the items listed come within the following provisions:- |
1 Legal Matters Monthly Report to Council. (D02363547) - 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 Tender 29/2011 Lennox Bridge Carpark Site. (D02381317) - This report is confidential in accordance with section 10A (2) (d) of the Local Government Act 1993 as the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.
3 Tender 4/2012 Macquarie Street Carpark. (D02385265) - 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.
NOTE
In accordance with the requirements of the Local Government Act, 1993, the Lord Mayor asked the gallery if any person wished to make representations in relation to the item listed in Closed Session.
No member of the gallery wished to make a submission.
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That the decisions of Closed Session were noted as follows:- |
12.1 |
SUBJECT Legal Matters Monthly Report to Council REFERENCE F2004/07898 - D02363547 REPORT OF Acting Manager Development Services |
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RESOLVED (Esber/Lim) |
That the report be received and noted.
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The meeting terminated at 10.34 pm.
THIS PAGE AND THE PRECEDING 28 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON TUESDAY, 12 JUNE 2012 AND CONFIRMED ON MONDAY, 25 JUNE 2012.
Lord Mayor