MINUTES OF THE Meeting of Parramatta City Council HELD IN THE Council Chamber, CIVIC PLACE, PARRAMATTA ON Monday, 13 August 2012 AT 6.49 pm

PRESENT

The Lord Mayor, Councillor L E Wearne in the Chair and Councillors P B Barber (retired 8.39 pm), A Bide, J Chedid (arrived 6.54 pm), G J Elmore, P Esber (retired 9.23 pm), J D Finn, P J Garrard, C X Lim (arrived at 7.50 pm), S D Lloyd, P K Maitra, M D McDermott and A A Wilson (Deputy Lord Mayor).

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 Meeting held on 23 July 2012
	RESOLVED      (Esber/Wilson)
13296	That the minutes be taken as read and be accepted as a true record of the Meeting.

APOLOGIES

13297        RESOLVED      (Esber/Elmore)

That an apology be received and accepted for the absence of Councillors A Issa OAM MP, M A Lack and C X Lim (who subsequently arrived at 7.50 pm).

DECLARATIONS OF INTEREST

      Councillor P Esber declared an interest in relation to Item 1 of Lord Mayoral Minutes regarding the purchase of charity tables at the Annual Camp Lionheart Gala Dinner, as Councillor Esber’s wife is on the Mums on a Mission Committee, which is supporting the Maronite Sisters of the Holy Family Nursing Village.

PETITIONS

1	SUBJECT          Pedestrian Crossing in Excelsior Street, Merrylands REFERENCE   F2012/00633 FROM                 N Rushbrook and others
	RESOLVED      (Elmore/Garrard)
13298	(a)     That the petition be received and referred to the appropriate officer           for report. (b)     Further, that the head petition be advised of this decision.
	NOTE:       Councillor P Esber left the meeting at 6.51 pm during consideration of this matter.

2	SUBJECT          Woodville Ward - Request for Improvements to Delwood Shopping Centre REFERENCE   F2006/00973 FROM                 Residents of Woodville Ward
	RESOLVED      (Garrard/Wilson)
13299	That Council develop a master plan for Delwood Shopping Centre to incorporate the matters raised in the petition and an investigation be undertaken on the financial sources that are available.
	NOTE:       Councillor J Chedid arrived at 6.54 pm during consideration of this matter.

MINUTES OF THE LORD MAYOR

1	SUBJECT          Charity Tables REFERENCE   F2011/02274 FROM                 The Lord Mayor, Councillor Lorraine Wearne
	RESOLVED      (Wearne/Lloyd)
13300	(a)      That Council authorise the purchase of a table of ten at the Annual Camp Lionheart Gala Dinner on the 12 October 2012, which is raising funds for Camp Lionheart. (b)      Further, that Council authorise the purchase of a table of ten at the Mums on a Mission fundraising event on the 28 September 2012, which is supporting the Maronite Sisters of the Holy Family Nursing Village.
	NOTE:       Councillor P Esber had previously declared an              interest in this matter, as Councillor Esber’s wife is on the Mums on a Mission Committee, which is supporting the Maronite Sisters of the Holy Family Nursing Village,                          and temporarily left the meeting during consideration and voting on this matter.

2	SUBJECT          Bruce Gale Retirement REFERENCE   F2011/00274 FROM                 The Lord Mayor, Councillor Lorraine Wearne
	RESOLVED      (Wearne/Barber)
13301	That Council hold a reception to recognise Mr Bruce Gale for his 14 years of service as Chairperson of Council’s Aboriginal and Torres Strait Islander Advisory Committee.
	NOTE:       Councillor P Esber returned to the meeting at 6.55 pm following consideration of this matter.

PUBLIC FORUM

1	SUBJECT          Planning Proposal for Land at 57, 63 and 83 Church Street and 44 Early Street, Parramatta REFERENCE   RZ/9/2011 FROM                 Vince Berkhout from AECOM
	STATEMENT By Mr Vince Berkhout from AECOM:-
13302	“Thank you Lord Mayor and Councillors for the opportunity to address you. Council is familiar with the Heartland Planning Proposal that is the subject of this Item. It has been the subject of on-going discussion with Council officers, and Councillors since late 2011. Heartland is a long-standing family-owned company operating automotive services from the site in Church Street, Parramatta. The family wishes to continue this association with Parramatta. Discussions with Council officers over the level of development and the amount of commercial office and residential development have been very productive. The current planning proposal will enable the site to achieve a mix of employment and residential development which will assist Council in achieving its job aspirations for Auto Alley. In addition, the inclusion of residential development adjacent to the existing surrounding residential areas west of Church Street will bring additional vitality currently lacking along Church Street. Most recently Council considered the wider Auto Alley urban renewal area and endorsed Option 2b for Auto Alley (Council meeting 23 July, 2012).  At that meeting Council officers concluded that "Option 2B would provide for a balanced approach including sufficient commercial land to ensure job targets are achieved for the City Centre whilst providing for some high density residential uses to create a vibrant and amenable precinct and to act as a stimulus for precinct improvements and redevelopment." We support the conclusions and recommendation of Council's planners to progress the Heartland Planning Proposal - the report concludes that " The site the subject of the planning proposal is considered pivotal to the long term successful renewal and redevelopment of the Auto Alley precinct given its large size, single ownership and prominent location". Further in supporting the progress of the planning proposal to Gateway it states that "The planning proposal is considered to adequately meet the broader longer term strategic employment and growth objectives required to progress and strengthen Parramatta's role as a Regional City. The proposal does include a significant proportion of residential development however includes provisions to ensure a significant quantum of non residential land uses are also provided." A recommendation to forward the planning proposal to the Department of Planning & Infrastructure for a Gateway Determination is the commencement of the rezoning process. After going through the Gateway the next steps will be finalise planning details outlined in the officer's report, including planning provisions, development control plan, and a voluntary planning agreement/ development contributions arrangements to enable public exhibition, before returning to Council for final approval as an amendment to the LEP. As Councillors will be aware much of the Heartland site is vacant. As a result it is ready for immediate redevelopment, subject to finalisation of the rezoning and LEP amendment. The Heartland Group therefore encourages Council to support the recommendations of the report before it, and looks forward to working further with Council on bringing these exciting proposals for Church Street to fruition, and commencing the revitalisation of Church Street and Auto Alley. Thank you”.

2	SUBJECT          Development Application - 140 - 142 Kissing Point Road, Dundas REFERENCE   DA/857/2011 FROM                 Tone Wheeler
	STATEMENT By Mr Tone Wheeler:-
13303	“‘In response to Council’s request for the applicant to consider the matters raised by the objectors at the public forum amendments have been made to the proposal and a written response has been submitted.  I will briefly outline our response to the primary issues raised. 1         Access of premises at a renowned black spot In response to concerns raised by the objectors and Councillors regarding the safety of vehicles entering and exiting the proposed driveway, the proposal has been amended to relocate the driveway from the western side of the site to the eastern side of the site. The proposed changes will not alter the front or side setbacks of the proposed development.  The proposed relocated driveway crossing will not result in any increase to the shadowing of the adjoining properties.  2         Solar Access to Adjoining Properties The extent of shadowing cast by the development over the surrounding properties has been raised as a concern. Shadow diagrams which show the extent of shadow cast by the development at 9am, 12 noon and 3pm were submitted with the application.  Council’s assessment takes into consideration the cumulative impact of the shadows cast over 138 Kissing Point Road by the proposed development and the dwelling at 2 Adderton Road.  Council’s analysis concluded that the majority of the private open space of 138 Kissing Point Road will continue to receive morning sunlight between 9am and 12 noon on June 21 and that most of the windows of the dwelling will continue to benefit from sunlight at this time of the day. 3       Solar Access to Proposed Dwellings Solar access to the dwellings within the development was raised as a concern. A thorough analysis of the solar access received by each dwelling within the development was prepared by the Applicant and submitted to Council in January.  Initially diagrams were produced showing the solar access to the rear courtyards at hourly intervals.   The results of these diagrams were reported in Council’s assessment report. The diagrams show that Units 1 and 2 receive direct sunlight to at least 50% of the courtyard for at least 2 hours between 9am and 3pm.  The Applicant also prepared solar access diagrams at half hourly intervals.  These diagrams were submitted to Council in February.  The diagrams show that approximately 50% of the courtyard of Unit 3 receives 2 hours of solar access to approximately 50% of the required private open space between 9:30am and 11:30am. An important judgement of the Land and Environment Court observes that in smaller private open spaces, sunlight falling on seated residents may be adequate.  The solar access study shows that a person in a seated/standing position in the paved area of the courtyard of Units 2 and 3 would be in sunlight between 10am and 1pm. The orientation and topography of the site and the location of structures on the adjoining properties limits the solar access to the dwellings within the development.  As part of the solar study solar access diagrams were prepared to show that an increased separation between the buildings and the deletion of the attic space in the rear row of terraces would not result in any appreciable increase to the solar access received by the living areas and private open spaces of the proposed dwellings.  Council’s assessment report concludes that a reasonable level of solar access is received by the private open space of the dwellings within the development.  4       Privacy of 4 Adderton Road 4 Adderton Road adjoins the rear boundary of the site. The owners of 4 Adderton Road have raised concerns regarding potential privacy impacts from the proposed development. As the site falls from the rear boundary to Kissing Point Road, the ground level of 4 Adderton Road is higher than the subject site. The ground floor level of the rear row of town houses is approximately 2.5 metres below the top of the fence along the rear boundary.  There will not therefore be any views available to 4 Adderton Road from the ground floor windows of the development. Eight (8) dormer windows to the bedrooms on the first floor of the rear row of terraces face the rear boundary.  The windows will not result in any unreasonable privacy impacts on 4 Adderton Road given the windows are setback over 7.5 metres from the rear boundary and the still height of these windows is 1.8 metres above the floor level which is above eye level. 5       Rear Setback The development proposes a maximum 100mm variation to the rear setback control.  The non-compliance relates only to blade walls between Units 5-8.  The minor variations proposed are more than offset by the remainder of the rear wall of Units 5, 6, 7 and 8 which are setback from the rear boundary up to 1.6 metres further than required.  The variation to the control does not result in any adverse impacts on the amenity of the surrounding residential properties. 6       Stormwater Easement The proposed development complies with Council’s stormwater management requirements.   An easement is not required for the proposed development and as such the request for the easement is not a relevant matter for consideration in the assessment of the application. 7       Visual Appearance In response to concerns raised regarding the façade of the development an amended photomontage has been prepared to show an updated palette of external colours and materials.  The external colours are now lighter which allows for the variation in the materials across the façade to stand out, thereby providing greater visual interest. 8       Conclusion The applicant has worked hard over the past seven months to resolve the issues raised by Council Officers and to minimise any potential impacts on the amenity of the surrounding properties. Given that substantial changes have been made to address the concerns raised by the community, and Council Officers have previously expressed their support for the proposal, we respectfully request that a favourable determination be made in respect of this application.’ We would also like to table the attached submissions at the Council meeting which detail the changes made to the proposal.”
	NOTE:       Copies of submissions were distributed to Councillors under separate cover.

3	SUBJECT          140 &142 Kissing Point Road, Dundas REFERENCE   DA/857/2011 FROM                 Brian Cross
	STATEMENT By Mr Brian Cross:-
13304	“1.       The applicant did not provide the plans required under the Parramatta DCP 2011 showing the locations of structures, habitable living areas, doors, windows, or private open spaces of 138 Kissing Point Road. In addition, Council also does not have access to plans showing the same detail in respect of the overshadowing from the built development at 2 Adderton Road. Q.       How was the ‘cumulative overshadowing’ of 138 Kissing Point Road assessed by Council in the absence of these plans? 2.        In the course of the assessment of ‘cumulative overshadowing’ of 138 Kissing Point Road the shadow diagrams provided in the application for the built development at 2 Adderton Road were used. Q.     What steps did Council take to confirm the shadow diagram used in the assessment was accurate in respect of the current overshadowing from the completed development at 2 Adderton Road. 3.        The shadow diagrams for the built development at 2 Adderton Road have the following cautionary note - ‘Figured dimensions to be used in preference to the scaling this drawing’. Q.     How was an assessment of ‘cumulative overshadowing’ possible in the absence scaled shadow diagrams? 4.        The DCP sets out people who design, build, own, manage, lease, operate, regulate and use premises have responsibilities under the Disability Discrimination Act 1982 (DDA). Q.     Is Council aware of recent Commission and Federal Court decisions showing that councils can be liable under section 122 of the DDA for permitting discriminatory acts when exercising their development approval responsibilities? 5.        The adaptable housing unit is required to comply with at least 50 essential requirements under a specific Australian Standard. Q.     Why is Council not applying the requirements under the Australian Standard? 6.        NSW Planning and Infrastructure has published ‘Housing for seniors or people with a disability: a guide for councils and applicants’. Q.     Why is Council not following this guide? 7.        The Parramatta City Centre DCP2007 contains the following provisions: · Dwellings must be designed in accordance with the Australian Adaptable Housing Standard (AS 4299-1995), which includes “pre-adaptation” design details to ensure visitability is achieved. · The development application must be accompanied by certification from an accredited Access Consultant confirming that the adaptable dwellings are capable of being modified, when required by the occupant, to comply with the Australian Adaptable Housing Standard (AS 4299-1995). · Car parking and garages allocated to adaptable dwellings must comply with the requirements of the relevant Australian Standard for disable parking spaces. Q.       Why are the same provisions not contained in the Parramatta DCP 2011? 8.        Disabled parking spaces and the garage of the adaptable housing unit do not meet the requirements of an Australian standard. Q.    Why is Council not applying the Australian standard? 9.        Disabled parking spaces should be located as close as possible to any access however there is no internal access for visitors with a disability. Q.     Is Council aware disabled visitors could be forced to negotiate a 30 metre uphill slope in the basement car park and a further 30 metres up the pedestrian ramp just to reach the footpath of Kissing Point Road? 10.      The attics of the proposed development do not meet the following requirements of the Building Code of Australia in respect of some or all of the units: · A minimum ceiling height of 2.2 metres for two-thirds of the floor space. · The ceiling height of the attic unduly interferes with its intended function. · The stairs leading to the attics do not have a landing. Q.       Has Council applied to the Director-General for an exemption from the requirements of Environmental Planning and Assessment Regulation 2000, i.e. that the work must be carried out in accordance with the Building Code of Australia? 11.      The assessment report recommends a variation of a range of between 48% to 60% over the maximum floor space for the attics of units 5, 6, 7 & 8 under the DCP, to accommodate the non-complying ceiling height. Even with this variation, the assessment report sets out the bathrooms in units 5 & 8 can only accommodate an averaged size person and the ensuites in units 6 & 7 have a minimum head height of only 1.8 metres. The variation has now increased to a range of between 77% and 91% in the latest amended plans.”
	NOTE:       The Lord Mayor advised that Councillors could take into consideration the issues raised by Mr Cross when considering Item 8.6 on tonight’s agenda.

Reports - Domestic Applications

8.1	SUBJECT          9-15 Elder Road, DUNDAS (Lot 10 DP 1130429)(Elizabeth Macarthur) DESCRIPTION Alterations and additions to the heritage listed Dundas Sports and Recreation Club. REFERENCE   DA/288/2012 - Submitted 14 May 2012 APPLICANT/S  Dundas Sports & Recreation Club Ltd OWNERS          Dundas Sports & Recreation Club Ltd REPORT OF     Manager Development Services REASON FOR REFERRAL TO COUNCIL                             The application is being referred to Council for determination as the proposal involves structural work to a listed heritage item.
	RESOLVED      (Esber/Wilson)
13305	That Council as the consent authority grant development consent to Development Application No. DA/288/2012 for alterations and additions to the heritage listed Dundas Sports and Recreation Club at 9-15 Elder Road, Dundas for a period of five (5) years from the date on the Notice of Determination subject to conditions.
	DIVISION      The result being: AYES             The Lord Mayor, Councillor L E Wearne and Councillors P B Barber, A Bide, J Chedid, G J Elmore, P Esber, J D Finn, P J Garrard, S D Lloyd, P K Maitra, M D McDermott and A A Wilson. NOES            None.

8.2	SUBJECT          102 John Street, Merrylands (LOT 19 SEC 6 DP 947)(Woodville Ward) DESCRIPTION Section 82A review of a refusal for the construction of an outbuilding attached to an existing granny flat to be used for the purposes of a home business. REFERENCE   DA/837/2011 - Submitted 13 June 2012 APPLICANT/S  Executive Design and Construction Pty Ltd OWNERS          Mr A Chahrouk, Mrs H Chahrouk REPORT OF     Manager Development Services REASON FOR REFERRAL TO COUNCIL                             This application is referred to Council for determination as the application seeks a review of Council’s previous refusal of DA/837/2011.
	RESOLVED      (Barber/Chedid)
13306	That Council as the consent authority grant development consent to Development Application No. DA/837/2011 for the construction of an outbuilding attached to an existing granny flat to be used for the purposes of an office on land at 102 John Street, MERRYLANDS for a period of five (5) years from the date on the Notice of Determination subject to the conditions set out in Attachment 1.
	DIVISION      The result being: AYES             The Lord Mayor, Councillor L E Wearne and Councillors P B Barber, A Bide, J Chedid, G J Elmore, P Esber, J D Finn, P J Garrard, S D Lloyd, P K Maitra, M D McDermott and A A Wilson. NOES            None.

8.3	SUBJECT          Common Property, 37 Midson Road Eastwood (Lachlan Macquarie Ward) DESCRIPTION Construction of 10 dwellings on proposed Lots 13 to 22. REFERENCE   DA/339/2012 - Lodged 14 June 2012 APPLICANT/S  AVJBOS Eastwood Developments Pty Ltd OWNERS          Community Association DP 270605 REPORT OF     Manager Development Services REASON FOR REFERRAL TO COUNCIL                             The application has been referred to Council as the application seeks variations of greater than 10% to Clause 4.4 of Parramatta Local Environmental Plan 2011.
	RESOLVED      (Esber/Lloyd)
13307	(a)     That Council as the consent authority grant development consent to Development Application No. DA/339/2012 for construction of 10 dwellings on proposed lots 13 to 22 at 37 Midson Road Eastwood for a period of five (5) years for physical commencement to occur from the date on the Notice of Determination subject to the following conditions. (b)     Further, that the objectors be advised of Council’s decision.
	DIVISION      The result being: AYES             The Lord Mayor, Councillor L E Wearne and Councillors P B Barber, A Bide, J Chedid, G J Elmore, P Esber, J D Finn, P J Garrard, S D Lloyd, P K Maitra, M D McDermott and A A Wilson. NOES            None.

8.4	SUBJECT          20 Rawson Street, EPPING (LOT 4 DP 9193) (Lachlan Macquarie Ward) DESCRIPTION Section 96(1a) modification to an approved tree removal, alterations and additions to the existing dwelling, new carport, swimming pool and front fence. The modifications include replacement of roof tiling, changes to openings, new retaining walls, pool fencing and minor external changes. REFERENCE   DA/186/2010/A - 08 March 2012 APPLICANT/S  S Kwok and H Lee OWNERS          Mr H H Lee and Ms S W L Kwok REPORT OF     Manager Development Services. Also memorandum from A/Service Manager Development Assessment dated 13 August 2012.                    Also correspondence from T and C Barnes dated 13 August 2012. REASON FOR REFERRAL TO COUNCIL                             The application is being referred to Council due to the nature of the application and the issues raised.
	RESOLVED      (Chedid/Garrard)
13308	(a)    That the consent authority, modify development consent DA/186/2010 for tree removal, alterations and additions to the existing dwelling, new carport, swimming pool and front fence to include modifications comprising the replacement of roof tiling, changes to openings, new retaining walls, pool fencing and minor external changes on land at No. 20 Rawson Street Epping as shown on the plans submitted with the modification of determination,   for a period of five (5) years from the date on the original Notice of Determination subject to condition 55A being replaced with the following condition:- Condition 55A Any External Plan (Pool equipment and pumps) / air-conditioning system shall not exceed a noise level of 5dBA above background noise level when measured at the site and rear boundaries of the property.                                     The noise output from the air-conditioning condenser is to be tested, if it is    established the noise output exceeds 5dBA above background at the boundary, an acoustic barrier is to be installed ensuring the noise output between the screen and the allotment boundary does not exceed 5dBA above background.                                     Certification is to be provided by the installer of the air-conditioning unit and/or the acoustic screen that the above criteria is achieved. This certification shall accompany the Occupation Certificate. Reason:      To minimise noise impact of mechanical equipment. (b)     That the additional conditions contained in the recommendation of the Section 79C Assessment Report be included in the list of conditions. (c) Further, that the persons who lodged submissions be advised of Council’s determination of the application.
	DIVISION      The result being: AYES             The Lord Mayor, Councillor L E Wearne and Councillors P B Barber, A Bide, J Chedid, G J Elmore, P Esber, J D Finn, P J Garrard, S D Lloyd, P K Maitra, M D McDermott and A A Wilson. NOES            None.

8.5	SUBJECT          71 and 73 Marion Street Harris Park (Lot 8 and Lot 9 DP 2114) DESCRIPTION Alterations and additions including a rear extension and new first floor to two heritage listed buildings, use of the buildings as a Medical Centre, and installation of a new sign to the front of 71 Marion Street. REFERENCE   DA/253/2012 - 30 April 2012 APPLICANT/S  Ozedocs Pty. Limited OWNERS          Ozedocs Pty. Limited. REPORT OF     Manager Development Services REASON FOR REFERRAL TO COUNCIL                             The application is referred to Council because it involves structural alteration and partial demolition to two heritage listed buildings.
	RESOLVED      (Chedid/Elmore)
13309	That Council as the consent authority grant development consent to Development Application 253/2012 for rear and first floor additions to two Heritage Listed buildings, occupation of the buildings as a medical centre, and installation of a new sign at the front of the property on land at 71 and 73 Marion Street Harris Park (Lots 8 and 9 DP 2114) for a period of five (5) years from the date on the Notice of Determination subject to the conditions set out in Attachment 1.
	DIVISION      The result being: AYES             The Lord Mayor, Councillor L E Wearne and Councillors P B Barber, A Bide, J Chedid, G J Elmore, P Esber, J D Finn, P J Garrard, S D Lloyd, P K Maitra, M D McDermott and A A Wilson. NOES            None.

8.6	SUBJECT          140-142 Kissing Point Road Dundas (Lot 7 and Lot 8 DP 705877) DESCRIPTION Development Application for the demolition of the existing structures on site, tree removal, and construction of eight town houses over a basement car park. REFERENCE   DA/857/2011 - 2 December 2011 APPLICANT/S  SBC Holdings OWNERS          Jae My (Vic) Pty. Ltd. REPORT OF     Manager Development Services. Also Senior Development Assessment Officer memorandum dated 13 August 2012. REASON FOR REFERRAL TO COUNCIL The application was originally referred to Council because 10 individual submissions were received during the notification period. The application was deferred by Council at its meeting of 9 July 2012 until the meeting of 13 August 2012 to enable the applicant to consider matters raised by the objectors and as outlined in the Public Forum including: 1. Solar Access; 2. Access of premises at a renowned blackspot;  3. Privacy for 4 Adderton Road; 4. Rear setback; 5. Stormwater easement through to Kissing Point          Road.
	RESOLVED      (McDermott/Chedid)
13310	That Council has noted the concerns raised during Public Forum by Mr Cross and refuses the application on the following grounds:- 1.        The attics to the proposed development do not meet the definition of attic under the Parramatta DCP and therefore add to the bulk and scale of the development. 2.        The attics do not provide good amenity for future residents. 3.        The building has the appearance of 3 storey building which is contrary to the character of the area. 4.        The grassed area of the adaptable unit courtyard is not accessible from the rear deck by a disabled person due to 5 steps. 5.        The disabled parking space for visitors and the garage of the adaptable housing unit do not meet Australian Standards due to undersize dimensions.
	DIVISION      The result being: AYES             The Lord Mayor, Councillor L E Wearne and Councillors A Bide, J Chedid, G J Elmore, P Esber, J D Finn, P J Garrard, S D Lloyd, P K Maitra, M D McDermott and A A Wilson. NOES            Councillor P B Barber.

Reports - Major Applications

9.1	SUBJECT          8 Orchard Street, Epping (Lot 3 DP29543 SPL COR) (Lachlan Macquarie Ward) DESCRIPTION Section 96(1a) modification to an approved dual occupancy development. REFERENCE   DA/411/2010/A - Lodged 20 February 2012 APPLICANT/S  JF Building Consultants and Mrs H F Zhang OWNERS          Mr Q P Zhang and Mrs H F Zhang REPORT OF     Manager Development Services Also memorandum from A/Service Manager Development Assessment dated 13 August 2012. REASON FOR REFERRAL TO COUNCIL                             The application is referred to Council due to the number of submissions received.
	RESOLVED      (Esber/Elmore)
13311	(a)     That Council as the consent authority, modify development consent DA/411/2010 for the demolition, tree removal and construction of a two storey detached dual occupancy development with Torrens title subdivision to include modifications comprising 1. Reduction in the height of the dwellings;  2. Reduction in the size of the balcony and porch;  3.  Changes to internal configuration and floor area; and 4. modify roofing material from concrete tiles to colourbond at 8 Orchard Street, Epping as shown on the plans submitted with the modification of determination, for a period of five (5) years from the date on the original Notice of Determination subject to the modifications outlined in the recommendation section of the Section 79C report (Attachment 1). (b)      Further, that the objectors be advised of Council’s decision.
	DIVISION      The result being: AYES             The Lord Mayor, Councillor L E Wearne and Councillors P B Barber, A Bide, J Chedid, G J Elmore, P Esber, J D Finn, P J Garrard, P K Maitra  and M D McDermott. NOES            Councillors S D Lloyd and A A Wilson.

9.2	SUBJECT          211 Church Street, Parramatta (Lot 101 DP 1052788) (Arthur Phillip Ward) DESCRIPTION Alterations to and occupation of a Heritage listed building as an educational establishment with a coffee bar. REFERENCE   DA/281/2012 - Submitted 11 May 2012 APPLICANT/S  MCA Architects OWNERS          Wynnypeg Pty Ltd 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.
	RESOLVED      (Chedid/Barber)
13312	That Council as the consent authority grant development consent to Development Application No. DA/281/2012 for alterations to and occupation of a Heritage Listed building as an Educational Establishment with a coffee bar on land at 211 Church Street Parramatta for a period of five (5) years from the date on the Notice of Determination subject to the conditions contained within Attachment 1.
	DIVISION      The result being: AYES             The Lord Mayor, Councillor L E Wearne and Councillors P B Barber, A Bide, J Chedid, G J Elmore, P Esber, J D Finn, P J Garrard, S D Lloyd, P K Maitra, M D McDermott and A A Wilson. NOES            None.

9.3	SUBJECT          25 Talbot Road, Guildford (Lot A DP 349926) DESCRIPTION Section 96 (AA) has been lodged to amend an approval for a 28 place child care centre with first floor offices over basement carparking and strata subdivision. The amendments include:- 1. Amendments to the southern facade 2. Construction of a 1.8 metre high wall to the southern boundary. 3. Extension of rear balcony and modifications to access. 4. Fenestration changes throughout. 5. Front terrace extended. 6. Modifications to rear sunshade. 7. Reduction in roof parapet. 8. Removal of 1 Jacaranda to the front of the property and 3 Camphor Laurel to rear. 9. Reworking of the internal layout of the childcare centre.       REFERENCE   DA/1270/2004/E - 3 May 2012 APPLICANT/S  Mr S Nour OWNERS          Mr S Nour and Mrs T Nour REPORT OF     Manager Development Services REASON FOR REFERRAL TO COUNCIL                             The Section 96 application has been referred to Council as the original development application was approved by the Land and Environment Court.
	RESOLVED      (Garrard/Lloyd)
13313	(a)      That Council as the consent authority, modify development consent No. DA/1270/2004/E under Section 96 (AA) in the following manner: ¨ Amendments to the southern façade ¨ Construction of a 1.8 metre high wall to a portion of the southern boundary ¨ Extension of rear balcony and modifications to access ¨ Fenestration changes throughout ¨ Modifications to rear sunshade ¨ Reduction in roof parapet, ¨ Removal of 1 Jacaranda to the front of the property and 3 Camphor Laurel to rear ¨ Reworking of the internal layout of the childcare centre. (b)     Further, that the application be referred to Regulatory Compliance for investigation and possible issue of a Penalty Infringement Notice given that the works were carried out without prior development approval being obtained.
	DIVISION      The result being: AYES             The Lord Mayor, Councillor L E Wearne and Councillors P B Barber, A Bide, J Chedid, P Esber, J D Finn, P J Garrard, S D Lloyd, P K Maitra, M D McDermott and A A Wilson. NOES            Councillor G J Elmore.

9.4	SUBJECT          19 Onslow Street, Granville (Lot 9 SEC 10 DP 1250) DESCRIPTION Section 82A Review - Construction of a detached secondary dwelling (granny flat) including demolition of outbuildings. REFERENCE   DA/854/2011 - 19 March 2012 APPLICANT/S  Mr A Reziq OWNERS          Mrs L J A R Al-Hashimy REPORT OF     Manager Development Services REASON FOR REFERRAL TO COUNCIL                             The application is referred to Council as it is an application under Section 82A of the Environmental Planning and Assessment Act, 1979.
	RESOLVED      (Bide/Barber)
13314	That Council as the consent authority grant development consent to Development Application No. DA/854/2011 for construction of a detached secondary dwelling (granny flat) including demolition of outbuildings on land at 19 Onslow Street, Granville for a period of five (5) years from the date on the Notice of Determination subject to the conditions contained within Attachment 1.
	DIVISION      The result being: AYES             The Lord Mayor, Councillor L E Wearne and Councillors P B Barber, A Bide, J Chedid, G J Elmore, P Esber, J D Finn, P J Garrard, S D Lloyd, P K Maitra, M D McDermott and A A Wilson. NOES            None.

9.5	SUBJECT          4-6 Hammers Road, Northmead (Lot 8 DP 7339 and Lot 9 DP 7339) (Arthur Phillip Ward) DESCRIPTION 96(1a) Modification to Development Consent DA/714/2009 (Seniors Housing Development). The modifications include increasing the size of the battle axe allotment that contains a seniors living development. REFERENCE   DA/714/2009/B - Lodged 16 May 2012 APPLICANT/S  JS Architects Pty Ltd OWNERS          Ms G M Chong and Ms K L Emerson and Mrs J Y T Lee and Mr C Baissari REPORT OF     Manager Development Services REASON FOR REFERRAL TO COUNCIL                             The application is referred to Council due to the number of submissions received.
	RESOLVED      (Bide/Lloyd)
13315	That the application be refused for the following reasons:- 1. The application is not in the public interest. 2.   The street frontage of Lot 9 does not comply with Council’s 15 metre requirement. 3.   Lots 8 and 9 do not provide a 30% rear setback. 4.   The reaction of the battleaxe allotment and the front allotments gives rise to a higher zoning than permitted. 5.   The current development consent on the site has a condition that does not allow two storey dwelling on the rear allotment due to the heritage items located on the front allotments. 6.   The setback for lot 9 is reduced to just 13% well outside Section C of the Parramatta Development Control Plan 2011. 7.   Curtilage relevant to heritage items of local significance includes all dimensions of the block not just street frontage. 8.   A requirement of S96 (1) is that the application is significantly the same, this is not the case given the impact of the proposed increase in  the size of lot 9A. 9.   Lot 9A (the battle axe block) now proposes to facilitate two parking spaces in the drive way reducing safe entry and exit from the property.
	DIVISION      The result being: AYES             The Lord Mayor, Councillor L E Wearne and Councillors P B Barber, A Bide, J Chedid, G J Elmore, P Esber, J D Finn, P J Garrard, S D Lloyd, P K Maitra, M D McDermott and A A Wilson. NOES            None.

9.6	SUBJECT          25 Wentworth Street, Parramatta DESCRIPTION Section 96(2) modification to an approved Brothel to increase the number of staff on site at any one time from 10 to 14. This comprises 10 sex workers and 4 ancillary staff. REFERENCE   DA/1203/1998/A - 22 December 2012 APPLICANT/S  Shanavalle Pty Ltd OWNERS          Blunew Pty Ltd REPORT OF     Manager Development Services Also memorandum from A/Service Manager Development Assessment dated 13 August 2012. REASON FOR REFERRAL TO COUNCIL                             The proposal is referred to Council for consideration as the application relates to a Brothel.
	MOTION             (Bide)
	(a)       That Council as the consent authority grant development consent to Development Application No. DA/1203/1998/A for the modification to an approved Brothel to increase the number of staff onsite at any one time from 10 to 14. This comprises 10 sex workers and 4 ancillary staff at 25 Wentworth Street, PARRAMATTA 2150 for a period of five (5) years for physical commencement to occur from the date on the Notice of Determination subject to the conditions outlined in the recommendation section of the Section 79C report (Attachment 1). (b)       Further, that the objector be advised of Council’s decision
	AMENDMENT   (Finn/McDermott)
	That this matter be referred to Closed Session for further discussion.
	The Lord Mayor ruled that the amendment was a procedural motion and should be considered prior to the motion.
13316	The procedural motion was put and carried. NOTE The matter was further considered during Closed Session as Item 14.4 in accordance with Section 10A(2)(f) of the Local Government Act.

Notices of Motion

10.1	SUBJECT          Provision of Secure Bike Parking Facilities in Westmead REFERENCE   F2010/02578 - D02440202 REPORT OF     Councillor P K Maitra
	RESOLVED      (Maitra/Wilson)
13317	(a)     That a report be prepared outlining the feasibility of implementing secure bike parking facilities in Westmead and other mixed use areas with high demand for parking in Parramatta LGA. (b)      That the report includes different options and reference best practice examples in NSW and in other states of Australia, including cost and time needed to implement. (c)       Further, that the issue be referred to the Parramatta Cycleways Committee for consideration and comment.
	NOTE:        1       Councillor J Chedid left the meeting at 7.43 pm and returned at 7.45 pm during consideration of this matter.                      2       Councillor P Esber left the meeting at 7.44 pm and returned at 7.45 pm during consideration of this matter.                      3       During discussion of this matter, Councillor Bide tabled a document from the NSW Government providing details of secure bicycle lockers available at train stations, ferry wharves and bus interchanges.                      4       Councillor C X Lim arrived at the meeting at 7.50 pm during consideration of this item.

10.2	SUBJECT          Development of Parramatta South Precinct to facilitate Pedestrian Access to Westfield and Harris Park Station REFERENCE   F2012/02237 - D02454347 REPORT OF     Councillor A A Wilson
	MOTION             (Wilson/Chedid)
	(a)     That PCC prepare a report in regard to the development of the Parramatta South precinct to facilitate pedestrian access to restaurants, shops and Harris Park   Station. (b)      Further, that the report also include examining the use of overhead pedestrian bridges, paid for by advertising, across Church Street and the Great Western Highway.
	AMENDMENT   (Finn/Elmore)
	That PCC prepare a report in regard to the development of the Parramatta South precinct to facilitate pedestrian access to restaurants, shops and Harris Park Station.
	The amendment was put and lost.
13318	The motion was put and lost.

10.3	SUBJECT          Support for Making Parramatta a Safer City REFERENCE   F2004/06010 - D02454394 REPORT OF     Councillor A A Wilson
	RESOLVED      (Wilson/Chedid)
13319	That Parramatta City Council:- 1.        Expresses its appreciation to the individual Police officers of the area command. 2.        Supports the Lord Mayor in her recent comments. 3.        Gives Councillors a quarterly update on measures taken to make the city safer.

ADJOURNMENT OF MEETING

In accordance with Council's decision of 23 October 2000 (Minute No 5712) the meeting adjourned at 8.39 pm for a period of 13 minutes.

RESUMPTION OF MEETING

The meeting resumed in the Council Chamber at 8.52 pm, there being in attendance The Lord Mayor, Councillor L E Wearne and Councillors  A Bide, J Chedid  G J Elmore, P Esber, J D Finn, P J Garrard,  C X Lim, S D Lloyd, M D McDermott, P K Maitra and A A Wilson.

Note

Councillor P B Barber did not return to the meeting following the adjournment.

Economy and Development

11.1	SUBJECT          Update on regular inspections of sex related premises. REFERENCE   F2007/01985 - D02450009 REPORT OF     Manager Regulatory Services
	RESOLVED      (Finn/Elmore)
13320	(a)       That Council receives and notes this report. (b)       Further, that Council continues to monitor sex service premises with six (6) monthly inspections (i.e. brothels, sex on premises facilities, therapeutic massage facilities, and massage parlours).

11.2	SUBJECT          Variations to Standards under SEPP 1 REFERENCE   F2009/00431 - D02451660 REPORT OF     Acting Manager Development Services
	RESOLVED      (Finn/Wilson)
13321	That the report be received and noted.

11.3	SUBJECT          Planning Proposal for land at 57, 63 & 83 Church Street and 44 Early Street Parramatta REFERENCE   RZ/9/2011 - D02452450 REPORT OF     Project Officer - Land Use Planning
	RESOLVED      (Maitra/Esber)
13322	(a)     That Council prepare a planning proposal that reflects the items contained in Attachment 2 and forward to the Department of Planning & Infrastructure for Gateway determination. (b)      That upon successful Gateway determination of the planning proposal, a site specific DCP be developed to address relevant matters such as built form, location of building height, public domain, parking and the like. (c)       That the site specific DCP and Gateway determination be reported to Council prior to their formal exhibition. (d)      That Council proceed with negotiations for a Voluntary Planning Agreement (VPA) with the applicant in relation to the planning proposal. (e)      Further, that delegated authority be given to the CEO to negotiate the VPA on behalf of Council and that the outcome of negotiations be reported back to Council.
	DIVISION      The result being: AYES             Councillors Bide, J Chedid, G J Elmore, P Esber, J D Finn, P J Garrard, C X Lim, S D Lloyd and P K Maitra. NOES            The Lord Mayor, Councillor L E Wearne and Councillor M D McDermott. NOTE Councillor A Wilson left the meeting at 8.52 pm during consideration of this matter.

11.4	SUBJECT          Planning proposal for land at 42 Bridge Street, Rydalmere (Council's storage depot at Mary Parade) REFERENCE   F2004/09954 - D02452953 REPORT OF     Project Officer- Land Use Planning
	RESOLVED      (Bide/Elmore)
13323	(a)    That the planning proposal at Attachment 1 to remove the listing of the sandstone blocks at 42 Bridge Street, Rydalmere from Schedule 5 Environmental Heritage of Parramatta LEP 2011 be endorsed and forwarded for Gateway determination by the Department of Planning and Infrastructure in accordance with Section 56 of the Environmental Planning and Assessment Act 1979. (b)     That the loose sandstone blocks, particularly that remnant of historic kerbs and gutters, continue to be stored at Council's depot and reused for repairs of listed kerbs and gutters and other historic structures as required. (c)     That the Heritage Branch of the Office of Environment and Heritage and Council’s Heritage Advisory Committee be consulted during the public exhibition of the planning proposal to remove the heritage listing. (d) Further, that a report be put to Council following the public exhibition.
	DIVISION      The result being: AYES             The Lord Mayor, Councillor L E Wearne and Councillors A Bide, J Chedid, G J Elmore, P Esber, J D Finn, P J Garrard, C X Lim, S D Lloyd, M D McDermott, P K Maitra and A A Wilson. NOES            None. NOTE                         Councillor A Wilson returned to the meeting at 8.57 pm during consideration of this matter.

11.5	SUBJECT          Preliminary rezoning concept for land at 12-20 Dixon Street Parramatta REFERENCE   RZ/1/2012 - D02453287 REPORT OF     Senior Project Officer
	MOTION             (Finn/Elmore)
	(a) That Council not endorse the applicant’s preliminary rezoning concept for 12-20 Dixon Street, Parramatta, as it is inconsistent with Council’s adopted option for the renewal of the Auto Alley precinct and further is considered to be of excessive height and density. (b)     Further, that Council advise the Sydney Metropolitan Development Authority that it does not support an increase in height and density in the wider area west of Auto Alley, as proposed in the rezoning concept for 12-20 Dixon Street, Parramatta and attach our detailed assessment.
	AMENDMENT   (Garrard/Elmore)
	That the submission be deferred pending further discussions with staff and the applicant in light of recent decisions on auto alley as the current proposal is considered to be of excessive height and density.
	The amendment was put and lost on the Lord Mayor’s casting vote.
	The motion was put and lost.
	DIVISION      The result being: AYES             The Lord Mayor, Councillor L E Wearne and Councillors  G J Elmore, J D Finn, P K Maitra and M McDermott, NOES            Councillor A Bide  J Chedid, P Esber, P J Garrard, C X Lim, S D Lloyd and A Wilson
	RESOLVED      (Garrard/Lloyd)
13324	That consideration of this matter be deferred to the Council Meeting to be held  on 8 October 2012.
	DIVISION      The result being: AYES             Councillors J Chedid, G J Elmore, P Esber, J D Finn, P J Garrard, C X Lim, S D Lloyd and P K Maitra. NOES            The Lord Mayor, Councillor L E Wearne  and Councillors A Bide, M McDermott and Councillor A Wilson.

Environment and Infrastructure

12.1	SUBJECT          Land Acquisition for Widening of Penelope Lucas Lane Rosehill REFERENCE   DA/635/2004 - D02439921 REPORT OF     Acting Manager Strategic Asset & Property Management
	RESOLVED      (Esber/Elmore)
13325	(a)    That Council resolve to accept dedication / transfer of Lot 101 DP 1099529 for the purpose of road widening of Penelope Lucas Lane on terms as stated in this report. (b)     Further, that the Lord Mayor and Chief Executive Officer be authorised to execute under seal the Transfer and linen plan if required for dedication of Lot 101 DP 1099529 for road widening.

Governance and Corporate

13.1	SUBJECT          Tender # 15 / 2012 - Consultant Services for Knowledge Management Project REFERENCE   F2012/01193 - D02442620 REPORT OF     Manager Information Communication Technology
	RESOLVED      (Bide/Lloyd)
13326	(a)     That Council decline all the tender proposals received for the Consultant Services for Knowledge Management Project ( Tender # 15/2012 ). (b)      That Council will undertake the Knowledge Management project utilizinginternal resources and will seek external assistance as and when required. (c)       Further, that all unsuccessful tenderers be advised of Council’s decision in this matter.
	NOTE:       Councillor P Esber retired from the meeting at 9.23 pm during consideration of this matter.

13.2	SUBJECT          Remuneration Tribunal Determination in relation to Fees for Councillor Remuneration REFERENCE   F2004/06514 - D02445577 REPORT OF     Executive Support Manager
	RESOLVED      (Garrard/Lim)
13327	That Council confirm the Lord Mayoral and Councillor’s remuneration for the period 1 July 2012 to 30 June 2013 be set at the maximum level being $74,530 and $25,580 respectively.

CLOSED SESSION
	RESOLVED      (Wilson/Elmore)
13328	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(s) of the Local Government Act, 1993 as the items listed come within the following provisions:-

1       Legal Matters Monthly Report to Council. (D02451658) - 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       Legal Matters - 55 Cross Street, Guildford. (D02456881) - 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.

3       Proposed Sale of Road fronting 76-84 Railway Terrace, Merrylands. (D02452464) - 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.

4       25 Wentworth Street, Parramatta - DA/1203/1998/A.  This report is confidential in accordance with section 10A (2) (f) of the Local Government Act 1993 as the report contains matters affecting the security of the Council, councillors, Council staff or council property.

5       CEO KPIs – This report is confidential in accordance with section 10A (2) (a) of the Local Government Act 1993 as the report relates to personnel matters concerning particular individuals (other than Councillors).

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

14.1	SUBJECT          Legal Matters Monthly Report to Council REFERENCE   F2004/07898 - D02451658 REPORT OF     Acting Manager Development Services
	RESOLVED      (Lim/Garrard)
13329	That the report be received and noted.

14.2	SUBJECT          Legal Matters - 55 Cross Street, Guildford REFERENCE   F2004/07898 - D02456881 REPORT OF     General Counsel. Also General Counsel memorandum dated 13 August 2012.
	RESOLVED      (Bide/Wilson)
13330	(a)              That in relation to the efforts to have the new land owner      comply with the May 2011 Court orders option 2 described in      the report. (b)              That in relation to costs recovery action against the original      land owner option 1 described in the report be pursued. (c)               Further, that in relation to costs recovery action against the          new land owner option 1 described in the report be pursued.

14.3	SUBJECT          Proposed Sale of Road fronting 76-84 Railway Terrace, Merrylands REFERENCE   F2010/02741 - D02452464 REPORT OF     Acting Manager Strategic Asset & Property Management
	RESOLVED      (Bide/Wilson)
13331	(a)       That Council prepare an application to the Minister for Roads and Ports in accordance with clause 377(1)(s) of the Local Government Act, 1993 for the closure of that part of Railway Terrace, Merrylands, as shown on Attachments 1 and 2. (b)      That Council resolve that that part of Railway Terrace, Merrylands, as shown on Attachment 2, following formal closure, be sold on the terms and conditions contained within this report subject to the changes to paragraph 13 as discussed in the Chamber. (c) That Council resolve that authority is delegated to the Chief Executive Officer to conduct negotiations to procure the preparation and finalisation of legally binding contracts reflecting the key terms described in the report and otherwise on terms the Chief Executive Officer thinks fit. (d) That Council resolve that authority is delegated to the Chief Executive Officer to sign all contracts and other documents (other than any document which must be signed under common seal) in connection with the commercial arrangements described in the report. (e)      Further, that the Lord Mayor and the Chief Executive Officer be authorised to sign all contracts, plans of subdivision, 88b Instruments, Transfers and other documents, which must be signed under the common seal, in connection with the commercial arrangements described in the report.

14.4	SUBJECT          25 Wentworth Street, Parramatta DESCRIPTION Section 96(2) modification to an approved Brothel to increase the number of staff on site at any one time from 10 to 14. This comprises 10 sex workers and 4 ancillary staff. REFERENCE   DA/1203/1998/A - 22 December 2012 APPLICANT/S  Shanavalle Pty Ltd OWNERS          Blunew Pty Ltd REPORT OF     Manager Development Services Also late memorandum from A/Service Manager Development Assessment dated 13 August 2012. REASON FOR REFERRAL TO COUNCIL                             The proposal is referred to Council for consideration as the application relates to a Brothel.
	RESOLVED      (Finn/McDermott)
13332	That the application be refused for the following reasons:- 1. The proposal is not in the public’s interest. 2. The proximity of the brothel to a licensed premises breaches the DCP.
	DIVISION       The result being: AYES          Councillors J Chedid, J D Finn, C X Lim, S D Lloyd, M D McDermott, P K Maitra and A A Wilson. NOES          The Lord Mayor, Councillor L E Wearne and Councillors A Bide, G J Elmore and P J Garrard.
	NOTE:       A Notice of Motion to rescind this decision was submitted prior to the conclusion of the meeting.

14.5	SUBJECT          CEO KPIs REFERENCE   F2011/03465 FROM                 The Lord Mayor, Councillor Lorraine Wearne
	RESOLVED      (Maitra/Finn)
13333	That consideration of this matter be deferred to the next Council Meeting.
	NOTE:        Staff were absent from the Chamber during consideration of this matter.

RESCISSION MOTIONS

The Lord Mayor, Councillor L E Wearne advised that a Notice of Motion, signed by Councillors A Bide, P J Garrard and L E Wearne, to rescind the following item had been received prior to the termination of the meeting:-

Item 14.4 of Closed Session regarding 25 Wentworth Street, Parramatta (Minute No. 13332 refers).

The meeting terminated at 10.54 pm.

THIS PAGE AND THE PRECEDING 30 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON MONDAY, 13 AUGUST 2012 AND CONFIRMED ON MONDAY, 27 AUGUST 2012.

Lord Mayor