MINUTES OF THE Meeting of Parramatta City Council HELD IN THE Council Chambers, CIVIC PLACE, PARRAMATTA ON Monday, 12 November 2012 AT 6.47 pm

 

PRESENT

 

The Lord Mayor, Councillor J Chedid in the Chair and Councillors J P Abood, S H Chowdhury, B Dwyer, G J Elmore, P Esber (retired 9.04 pm), J D Finn, P J Garrard, J A Hugh, S T Issa (Deputy Lord Mayor), S D Lloyd, B Makari, J L Shaw, L E Wearne and A A Wilson.

 

 

  ACKNOWLEDGEMENT TO TRADITIONAL LAND OWNERS

 

The Lord Mayor, Councillor J Chedid 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.

 

 

 

 

SUBJECT          Minutes of the Council Meeting held on 22 October 2012

 

RESOLVED      (Wilson/Issa)

 

13459

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

 

 

 

 

DECLARATIONS OF INTEREST

 

There were no declarations of interest at this Council (Development) Meeting.

 

 

 

 

 

 

 

PETITIONS

 

 

1

SUBJECT          Traffic Conditions in Oakleigh Avenue, South Granville

REFERENCE   F2004/07334

FROM                 J Cunningham and others

 

RESOLVED      (Issa/Hugh)

 

13460

That the petition be referred to the Parramatta Traffic Committee for report and the signatories be advised of this decision.

 

 

 

MINUTES OF THE LORD MAYOR

         

1

SUBJECT          Major Projects Advisory Committee

REFERENCE   F2004/07575

FROM                 The Lord Mayor, Councillor John Chedid

 

RESOLVED      (Chedid/Wilson)

 

13461

 (a)    That Council approve the formation an advisory committee, to be known as the Major Projects Advisory Committee, that will be focussed on property development activities, including Parramatta Square and have the primary objective of providing Council with independent assurance in relation to decision making in connection with property development activities involving Council owned or controlled land, including Parramatta Square;

(b)     That Council staff prepare a charter for the proposed Major Projects Advisory Committee for Council’s consideration.

(c)     That Council seek nominations from experts in the property development sector to join the proposed Major Projects Advisory Committee.

(d)     That interested Councillors advise the Office of the Lord Mayor by Friday 16 November 2012 of their desire to be a member of the Major Projects Advisory Committee.

(e)     Further, that a Closed Council item be included on the agenda for every future Council Meeting (Ordinary) principally dealing with Parramatta Square or any other major development.

 

 

NOTE:      Councillor P Esber left the meeting at 6.57 pm and returned at 6.58 pm during consideration of this matter.

 

 

 

 

 

 

 

PUBLIC FORUM

 

1

SUBJECT          Objection to Development Application - 24 - 28 Mons Road, Westmead

REFERENCE   DA/377/2012

FROM                 Mr Tim Daniel, Chief Executive Officer, Westmead Private Hospital

13462

As tabled:-

 

“It is requested that Council refuse DA 377/2012 at 24-28 Mons Road, Westmead based on significant issues resulting from non-compliances with development controls as well as inappropriate design and context as outlined in the previous two (2) submissions made by Ramsay Health Care and Westmead Private Hospital, as summarised below:

 

1       Solar Access and Overshadowing Resulting from Height Non-Compliance and Setback

 

The offices, staff breakout space, operating theatres, and patient wards (including critical care) of the adjoining Westmead Private Hospital will receive no solar access during winter. There are 13 window openings currently along this adjoining boundary. This major impact is a direct result of the significant non-compliance to the 12m height control under Parramatta Local Environmental Plan 2011, with the design being closer to 20m. The proposal does not meet the objectives of the Height provisions under Clause 4.3, does not satisfy Clause 4.6 of the LEP, and is not mitigated by an appropriately increased setback.

 

Approval should not be given to a significantly non-compliant proposal where such impacts are a direct result of the non-compliance. No constraint applies to the site that would otherwise prevent a compliant design. As no measures are proposed to attempt to minimise the impact, it is clear that the proposal represents overdevelopment.

 

The height non-compliance and resulting impacts fail against all tests on assessing neighbouring impacts, height and bulk and access to sunlight as established by the Land and Environment Court in Pafburn v North Sydney Council [2005] NSWLEC 444; Veloshin v Randwick Council [2007] NSWLEC 428; and The Benevolent Society v Waverley Council [2010] NSWLEC 1082 respectively.

 

2       Precinct Character and Urban Deign

 

The proposed residential uses will directly adjoin predominantly sensitive medical-related development. The development site has no connectivity with any other residential or retail activities. Council is urged to consider the future role of the site within the established Health Precinct for the long-term growth of medical services to support

the developing Western Sydney Region. In fact, Council’s own City Strategy Unit recently commenced significant dialogue with Ramsay & Westmead Private Hospital regarding strategic role and needs of the Health Precinct at Westmead.

 

Additionally, the proposal only contains one (1) commercial tenancy with 119 residential units and cannot legitimately be considered to be a mixed use development but rather an attempt to achieve a residential flat building on a site unsuitable for such use.

 

3       Traffic Impacts

 

The proposed 119 apartments will generate a significant increase in traffic for the locality. Mons Road is currently only servicing health-related and public transport movements. Only a few metres north of the site, this road turns into a ‘bus only’ road. Therefore, all vehicles for Westmead Private Hospital, the specialist health services and the new mixed use development need to utilise the southern portion of Mons Road and its intersection with Darcy Road. The traffic impact on a network which supports such an important medical precinct must be reconsidered and it is requested that Council give appropriate consideration to the cumulative impacts of traffic when combined with nearby hospital staff, visitors and emergency vehicles as well as public transport movements and road access restrictions. It is clear from the operational experiences of Westmead Private Hospital that Mons Road is already experiencing a high demand for both traffic and parking. The new development will only worsen the existing issues by introducing a requirement for residential on-street parking that cannot be catered for entirely within the site and any associated visitors to the proposed residential estate. The take-up of limited parking within a medical precinct by residents and visitors is not a suitable outcome for the long term efficiency of the locality.”

 

 

NOTE:      Councillor J P Abood left the meeting at 7.08 pm following consideration of this matter.

 

 

ITEMS TO BE BROUGHT FORWARD

 

 

Councillor Issa requested that Item 8.5 of Major Applications be considered following Items 8.6 and 8.7.

 

 

REports - Major Applications

 

 

 

8.1

SUBJECT          315 Woodville Road, Guildford NSW 2161
(Lot10 DP 128795) (Woodville Ward)

DESCRIPTION Alterations and additions to a dwelling, comprising of a first floor addition with a change of use of the premises to a Boarding House, under State Environmental Planning Policy (Affordable Rental Housing) 2009. The proposed boarding house will contain 6 x double occupancy rooms (accommodating 12 persons) plus a caretaker's residence. The proposal also includes tree removal and the construction of a gazebo to the rear.

REFERENCE   DA/263/2012 - Submitted 3 May 2012

APPLICANT/S  Dvyne Design & Construction

OWNERS          Mr D S Chaggar

REPORT OF     Manager Development Services

REASON FOR REFERRAL TO COUNCIL

                            This application is referred to Council for determination as the proposal is for a boarding house under State Environmental Planning Policy (Affordable Rental H Housing) 2009, as per Council’s resolution dated 27 June 2011 regarding staff delegations.

 

RESOLVED  (Garrard/Wilson)

 

13463

That this matter be deferred to enable the management plan to be placed on exhibition, such exhibition to include Guildford Library.

 

 

DIVISION      The result being:

 

AYES             The Lord Mayor, Councillor J Chedid and Councillors J P Abood, S H Chowdhury, R Dwyer, G J Elmore, P Esber, J D Finn, P J Garrard, J H Hugh, S A Issa, S D Lloyd, B Makari, J A Shaw, L E Wearne and A A Wilson.

 

NOES            None.

 

 

 

NOTE:      Councillor J P Abood returned to the meeting at 7.09 pm during consideration of this matter.

 

 

 

8.2

SUBJECT          163-165 George Street, PARRAMATTA  NSW  2150
Lot 1 DP 78716,Lot 1 DP 113513 & Lot 1 DP 650704
(Ward: Elizabeth Macarthur)

DESCRIPTION Conversion of one of the disused bowling greens to create two mini soccer fields, associated fencing and lighting located within the Parramatta Worker's Clubcomplex.

REFERENCE   DA/144/2012 - 12 March 2012

APPLICANT/S  Golden Goal Pty Ltd

OWNERS          Blacktown Workers Club

REPORT OF     Manager Development Services

REASON FOR REFERRAL TO COUNCIL

                            The report is referred to Council as 5 submissions from individual households and 1 petition were received during the notification period as per council’s resolution dated 27 June 2011 regarding staff delegations.

                           

 

RESOLVED      (Hugh/Abood)

 

13464

(a)       That consideration of this matter be deferred for one month and in the meantime an onsite meeting be held on this application (preferably later in the evening on a weekday).

(b)       Further, that the possible opportunity for the Club to operate its proposal from Robin Thomas Reserve be examined.

 

 

DIVISION      The result being:

 

AYES             The Lord Mayor, Councillor J Chedid and Councillors J P Abood, S H Chowdhury, R Dwyer, G J Elmore, P Esber, J D Finn, P J Garrard, J H Hugh, S A Issa, S D Lloyd, B Makari, J A Shaw, L E Wearne and A A Wilson.

 

NOES            None.

 

 

 

 

8.3

SUBJECT          8 Una Street, Harris Park
(Lot A DP 315429 & Lot 5 DP 415) (Elizabeth Macarthur Ward)

DESCRIPTION Demolition, tree removal and construction of a 6 storey mixed use development including at grade carparking.

REFERENCE   DA/378/2012 - 29 June 2012

APPLICANT/S  Una Street Pty Ltd

OWNERS          Mrs S England and Mr I R England

REPORT OF     Manager Development Services

REASON FOR REFERRAL TO COUNCIL

                            As per the Council resolution of 27 June 2011 any application which seeks a variation to the development standards contained in either the Parramatta Local Environmental Plan 2011 (PLEP) or Parramatta City Centre Local Environmental Plan 2007 (PCCLEP) in excess of 10% are to be referred to Council for determination.

                            The subject development application seeks to vary                             Clause 22A – Minimum Building Frontage and Clause                             22D – Building Separation of the PCCLEP 2007 in                             excess of 10%.

 

RESOLVED      (Esber/Abood)

 

13465

 (a)      That Council support the variation to Clause 22A – Minimum Building Frontage and Clause 22D – Building Separation of the PLEP 2007 under the provisions of clause 24.

(b)       That Council as the consent authority grant development consent to Development Application No. DA/378/2012 for demolition, tree removal and construction of a 6 storey mixed use development including at grade carparking at 8 Una Street, Harris Park 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 within Attachment 1.

(c)       Further, that the persons who lodged an individual submission be advised of Council’s determination of the application.

 

 

DIVISION      The result being:

 

AYES             The Lord Mayor, Councillor J Chedid and Councillors J P Abood, S H Chowdhury, R Dwyer, P Esber, J D Finn, P J Garrard, J H Hugh, S A Issa, S D Lloyd, B Makari, L E Wearne and A A Wilson.

 

NOES            Councillors G J Elmore and J A Shaw.

 

 

 

 

8.4

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 - 10 October 2012

APPLICANT/S  Meriton Apartments Pty Ltd

OWNERS          Karimbla Properties (No 9) Pty Ltd

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 applications MP05-0086, MP08-0258, MP10-0107 and MP10-0158 made by Meriton Apartments which seeks consent to alter the timing of the installation of traffic signals.

 

RESOLVED      (Esber/Wearne)

 

13466

(a)       That this Council does not support the proposed changes and strongly encourages the applicant to adhere to the VPA agreed to in 2011 and install the traffic lights on the corner of Mobbs Lane and Marsden Road, Carlingford when the 225th Occupation Certificate is issued.

(b)       Further, that the RMS be advised prior to commencement of the proposed works, that they need to be looking at these works in conjunction with works being carried out at Marsden Road between Stewart Street and Perry Street.  

C

 

 

DIVISION      The result being:

 

AYES             The Lord Mayor, Councillor J Chedid and Councillors J P Abood, S H Chowdhury, R Dwyer, G J Elmore, P Esber, J D Finn, P J Garrard, J H Hugh, S A Issa, S D Lloyd, B Makari, J A Shaw, L E Wearne and A A Wilson.

 

NOES            None.

 

 

 

 

 

 

8.6

SUBJECT          1 Rosehill Street, Parramatta

DESCRIPTION Demolition, consolidation of 2 allotments and construction of a residential flat building containing 9 units over basement carparking and strata subdivision

REFERENCE   DA/206/2012 -  Lodged 11 April 2012

APPLICANT/S  Dr Zilficar Yassine

OWNERS          Mr T Yassine and Dr Z Yassine

REPORT OF     Manager Development Services

REASON FOR REFERRAL TO COUNCIL

                            As per the Council resolution of 27 June 2011 the proposal is referred to council for consideration as the application relates to a proposal which received 7 or more submissions as a result of the notification process. In addition, the development involves a variation to the building height development standard in excess of 10%.

 

RESOLVED      (Esber/Issa)

 

13467

(a)     That Council as the consent authority grant development consent to Development Application No. DA/206/2012 for demolition, consolidation of 2 allotments and  construction of a residential flat building containing 9 units over          basement carparking and strata subdivision at 1 Rosehill Street, PARRAMATTA  NSW  2150 for a period of five (5) years for physical      commencement to occur from the date on the Notice of Determination subject         to conditions contained within the attached Section 79C Assessment Report.

(b)     Further, that the objectors be advised of Council’s decision

 

 

DIVISION      The result being:

 

AYES             The Lord Mayor, Councillor J Chedid and Councillors J P Abood, S H Chowdhury, R Dwyer, G J Elmore, P Esber, J D Finn, P J Garrard, J H Hugh, S A Issa, S D Lloyd, B Makari, J A Shaw, L E Wearne and A A Wilson.

 

NOES            None.

 

 

 

 

8.7

SUBJECT          22-24 Smythe Street Merrylands (Lot 11 Section 1 DP 979564 and Lot 1 DP 798873)

DESCRIPTION Consolidation, demolition, tree removal, and construction of a 4 storey residential flat building containing 26 units over basement car parking

REFERENCE   DA/897/2011 - 

APPLICANT/S  JS Architects

OWNERS          Mrs ML Highfield

REPORT OF     Manager Development Services. Also Senior Development Assessment Officer Memorandum dated 7 November 2012.

REASON FOR REFERRAL TO COUNCIL

                            In accordance with Council’s resolution, the report is referred to Council as 11 submissions and 3 petitions were received during the notification period.

 

RESOLVED      (Garrard/Wilson)

 

13468

That the application be deferred and the applicant be requested to provide a practical solution to accommodate the bins in the basement and to also consider commercial collection as an option.

 

 

DIVISION      The result being:

 

AYES             The Lord Mayor, Councillor J Chedid and Councillors J P Abood, S H Chowdhury, R Dwyer, G J Elmore, P Esber, J D Finn, P J Garrard, J H Hugh, S A Issa, S D Lloyd, B Makari, J A Shaw, L E Wearne and A A Wilson.

 

NOES            None.

 

 

 

 

8.5

SUBJECT          24-28 Mons Road, WESTMEAD  NSW  2145  
(LOT 2 DP 525741 & Lot 32 DP 786621)(Arthur Phillip Ward)

DESCRIPTION Demolition, tree removal and construction of a mixed use building containing 119 residential dwellings and 1 commercial tenancy over basement car parking and strata subdivision.

REFERENCE   DA/377/2012 - Submitted 29 June 2012

APPLICANT/S  RCM Group Pty Ltd

OWNERS          Thorncall Pty Ltd

REPORT OF     Manager Development Services. Also Senior Development Assessment Officer Memorandum dated 6 November 2012.

REASON FOR REFERRAL TO COUNCIL

                            As per the Council resolution of 27 June 2011 the proposal is referred to Council for consideration as the application proposes a variation to a development standard greater than 10%.

 

MOTION             (Wilson/Finn)

 

 

That the application be deferred pending an on-site meeting between the applicant, objectors and interested councillors, such meeting to be held after 22 November 2012.

 

 

AMENDMENT   (Garrard/Lloyd)

 

 

That the application be approved subject to the conditions contained within Schedule 2 of the Recommendation section of Attachment 1 with the following modifications to the conditions:

 

Insert Condition 14A to read as follows:

 

14A.    Submission to Council of suitable documentary evidence that indicates the creation of an easement to drain water 1.2m wide over a downstream property or properties has been registered with the NSW Land and Property Information Service prior to the issue of the Construction Certificate.

 

          Advisory Notes:

1.      The terms for the drainage easement will be advised on receipt of the application

2.      Notification of the easement proposal for public comment is required

3.      There will be fees payment for the application, advertising and granting of drainage easement

4.      All Council's costs (legal, valuation and survey etc) are to be borne by the applicant

5.      The application is subject to final approval of the Council.

6.      Easements through Council properties (or Crown land managed by Council) can take up to 12 months to finalise.

 

Condition 97 to be amended to read as follows:

 

97.         Works-As-Executed stormwater plans shall be submitted to the Principal Certifying Authority prior to the issue of the Occupation Certificate, certifying that the stormwater drainage system has been constructed and completed in accordance with the approved stormwater plans. The person issuing the Occupation Certificate shall ensure that the following documentation is completed and submitted:

 

·      The Work-As-Executed plans are prepared on the copies of the approved drainage plans issued with the Construction Certificate and variations are marked in red ink.

·      The Work-As-Executed plans have been prepared by a registered surveyor certifying the accuracy of dimensions, levels, storage volumes, etc.

·      As built On-Site Detention (OSD) storage volume calculated in tabular form (depth verses volume table).

·      OSD Works-As-Executed dimensions form (refer to UPRCT Handbook).

·      Certificate of Hydraulic Compliance from a qualified drainage / hydraulic engineer (refer to UPRCT Handbook).

·      Approved verses installed Drainage Design (OSD) Calculation Sheet.

·      The original Work-As-Executed plans and all documents mentioned above have been submitted to Council’s Development Services Unit.

 

All drainage works associated with the construction of stormwater pipes within the easement in Milson Park are to be completed and indicated on the Works-As-Executed plans.

 

Reason:         To ensure works comply with approved plans and adequate information are available for Council to update the Upper Parramatta River Catchment Trust.

 

 

13469

The amendment was put and carried and on being put as the motion was again carried.

 

 

DIVISION      The result being:

 

AYES             The Lord Mayor, Councillor J Chedid and Councillors J P Abood, R Dwyer, P J Garrard, J H Hugh, S A Issa, S D Lloyd, B Makari, L E Wearne.

 

NOES            Councillors S H Chowdhury, G J Elmore, P Esber, J D Finn, J A Shaw and A A Wilson.

 

 

NOTE:     1        Councillor P Esber left the meeting at 7.53 pm and returned at 7.54 pm during consideration of this matter.

 

                  2        Councillor J P Abood left the meeting at 8.00 pm and returned at 8.01 pm during consideration of this matter.

 

                  3        A Notice of Motion to rescind this decision was submitted prior to the conclusion of the meeting and subsequently defeated at this meeting under Minute No. 13473.

 

 

Notices of Motion

 

 

 

9.1

SUBJECT          Expansion of PAMP Program

REFERENCE F2004/06838 - D02549818

REPORT OF     Councillor A A Wilson

 

RESOLVED      (Wilson/Garrard)

 

13470

(a)     That Parramatta City Council prepare a report looking to double the PAMP program from $1 million per year to $2 million per year divided evenly between the wards.

(b)     That these funds be used exclusively for footpath construction and repair.

(c)     Further, that the CEO examine sources of funding.

 

 

NOTE:      Councillor J A Shaw left the meeting at 8.18 pm and returned at 8.19 pm during consideration of this matter.

 

 

 

9.2

SUBJECT          Creation of Safe Pedestrian Crossing Points for Highly Trafficked Roads in the LGA

REFERENCE   F2010/00050 - D02549861

REPORT OF     Councillor A A Wilson

 

RESOLVED      (Wilson/Issa)

 

13471

That Parramatta Council prepare a report, in consultation with local ward councillors, that examines the creation of safe pedestrian crossing points for highly trafficked roads in the Parramatta LGA, such report to include:-

1       An examination of schools next to major roads and child safety.

2       High traffic areas and pedestrian safety

3       Desire lines and destinations

4       Methods of funding

5       Lobbying State and Federal Governments to help fund improved pedestrian safety.

6       The most appropriate methods such as overhead bridges and tunnels.

7       Appropriate high traffic locations where development will occur and the opportunities created by new development to create crossing points.

8       The creation of physical barriers to pedestrian access.

9       A timeline for implementation.

 

 

NOTE:      Councillor P Esber left the meeting at 8.21 pm and returned at 8.24 pm during consideration of this matter.

 

 

 

 

 

 

9.3

SUBJECT          Preservation and Promotion of Female Factory

REFERENCE F2004/05970 - D02554533

REPORT OF     Councillor A A Wilson

 

MOTION             (Wilson/Elmore)

 

 

(a)     That Parramatta City Council prepare a report on the preservation and promotion of the Female Factory as an historic attraction, this report to examine the practicality of having this site listed nationally.

(b)     That both State and Federal Members be asked for their support if it is recommended to list this site as a national heritage item.

(c)     Further, that a tour of the facilities in this locality be arranged on a Saturday in the New Year for interested Councillors.

 

 

AMENDMENT   (Lloyd/Issa)

 

 

(a)     That Parramatta City Council acknowledges the historical significance of the Female Factory and encourages the promotion of the Female Factory as an historic attraction in any future planning.

(b)     That Parramatta City Council write to the Premier of NSW to confirm the Female Factory  is included in the historical study being carried out.

(c)     Further, that both State and Federal Members be asked for their support for the master plan of the historical North Parramatta precinct.

 

13472

The amendment was put and carried and on being put as the motion was again carried.

 

 

NOTE:      Councillor A A Wilson requested that his name be recorded as having voted against this decision.

 

 

RESCISSION MOTION

 

 

The Lord Mayor, Councillor J Chedid advised that a notice of motion to rescind Item 8.5 of Major Applications regarding 24 – 28 Mons Road, Westmead had been submitted during the meeting by Councillors Wilson, Finn and Esber.

 

The Lord Mayor further advised that as the matter was development related, the Notice of Motion should be considered as a matter of urgency.

 

 

SUBJECT          24-28 Mons Road, WESTMEAD  NSW  2145  
(LOT 2 DP 525741 & Lot 32 DP 786621)(Arthur Phillip Ward)

DESCRIPTION Demolition, tree removal and construction of a mixed use building containing 119 residential dwellings and 1 commercial tenancy over basement car parking and strata subdivision.

REFERENCE   DA/377/2012 - Submitted 29 June 2012

APPLICANT/S  RCM Group Pty Ltd

OWNERS          Thorncall Pty Ltd

REPORT OF     Manager Development Services. Also Senior Development Assessment Officer Memorandum dated 6 November 2012.

REASON FOR REFERRAL TO COUNCIL

                            As per the Council resolution of 27 June 2011 the proposal is referred to Council for consideration as the application proposes a variation to a development standard greater than 10%.

 

MOTION             (Finn/Wilson)

 

 

That the resolution of the Ordinary Council Meeting held on 12 November 2012 in relation to Item 8.5 of Major Applications regarding 24 – 28 Mons Road, Westmead be and is hereby rescinded.

 

13473

The motion was put and lost.

 

 

 

Economy and Development

 

 

 

10.1

SUBJECT          Variations to Standards under SEPP 1

REFERENCE   F2009/00431 - D02550439

REPORT OF     Manager Development and Traffic Services

 

RESOLVED      (Esber/Wearne)

 

13474

That the report be received and noted.

 

 

 

 

10.2

SUBJECT          Planning proposal for land at 42 Bridge Street, Rydalmere (Council storage depot at Mary Parade)

REFERENCE   F2004/09954 - D02556357

REPORT OF     Project Officer- Land Use Planning

 

RESOLVED      (Esber/Garrard)

 

13475

That the planning proposal at Attachment 1 be adopted by Council and forwarded to the Department of Planning and Infrastructure for finalisation and making of the plan amendment.

 

 

DIVISION      The result being:

 

AYES             The Lord Mayor, Councillor J Chedid and Councillors J P Abood, S H Chowdhury, R Dwyer, G J Elmore, P Esber, J D Finn, P J Garrard, J H Hugh, S A Issa, S D Lloyd, B Makari, J A Shaw, L E Wearne and A A Wilson.

 

NOES            None.

 

 

 

 

10.3

SUBJECT          Amendment 2 to the Parramatta City Council S94A Development Contributions Plan

REFERENCE   F2008/03205 - D02552774

REPORT OF     Project Officer - Land Use Planning

 

RESOLVED      (Finn/Esber)

 

13476

 (a)      That Council adopt the Parramatta City Council S94A Development Contributions Plan (Amendment No.2) as provided at Attachment 1.

(b)       That a notice be placed in the local newspapers advising of the adoption of the Parramatta City Council S94A Development Contributions Plan (Amendment No.2).

(c)        Further, that a copy of the adopted Development Contributions Plan be forwarded to the Minister for Planning and Infrastructure as required by the Environmental Planning and Assessment Act 1979.

 

 

DIVISION      The result being:

 

AYES             The Lord Mayor, Councillor J Chedid and Councillors J P Abood, S H Chowdhury, R Dwyer, G J Elmore, P Esber, J D Finn, P J Garrard, J H Hugh, S A Issa, S D Lloyd, B Makari, J A Shaw, L E Wearne and A A Wilson.

 

NOES            None.

 

 

 

 

CLOSED COUNCIL

 

13477

RESOLVED      (Esber/Wilson)

 

 

Members of the press and public be excluded from the meeting of the Closed Council and access to the correspondence and reports relating to the items considered during the course of the Closed Session be withheld. This action is taken in accordance with Section 10A(2) of the Local Government Act, 1993 as the item listed comes within the following provisions:-

 

 

1       Legal Matters Monthly Report to Council. (D02551004) - 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.

 

 

11.1

SUBJECT          Legal Matters Monthly Report to Council

REFERENCE   F2004/07898 - D02551004

REPORT OF     Manager Development and Traffic Services. Also General Counsel Memorandum dated 9 November 2012.

 

RESOLVED      (Esber/Abood)

 

13478

(a)       That the report be received and noted.

(b)       That in relation to the planning appeal involving the property at 45 Spurway Street, Ermington, Council implement Option 1 as outlined in General Counsel Memorandum dated 9 November 2012.

 

 

NOTE:      Councillor P Esber retired from the meeting at 9.04 pm during consideration of this matter.

 

 

RESUMPTION OF OPEN COUNCIL

 

 

RESOLVED      (Wearne/Esber)

 

13479

That Open Council be resumed and the decisions of Closed Council be notified to the remaining members of the public gallery.

 

 

QUESTION TIME.

 

 

1

SUBJECT          Badgerys Creek Airport

REFERENCE   F2004/06612

FROM                 Councillor G L Elmore

 

 

13480

Councillor Elmore referred to a recent article in the Daily Telegraph indicating that the Chairman of Infrastructure NSW supports Badgerys Creek as a second airport site.

 

Councillor Elmore noted that WSROC had previously been very vocal in its objection to the use of Badgerys Creek for an airport and asked whether WSROC’s position on this issue had changed.

 

The Chief Executive Officer advised that WSROC’s view remained unchanged and WSROC had reconfirmed its opposition to Badgerys Creek only a few months ago.

 

 

 

 

 

 

 

2

SUBJECT          Councillor iPads

REFERENCE   F2008/04592

FROM                 Councillor G L Elmore

 

 

13481

Councillor Elmore advised that it appeared that there were instances on the iPad where the agenda content page numbers did not correspond with the actual page numbers in the agenda.

 

Councillor Elmore requested that this issue be investigated.

 

 

 

 

 

 

 

 

3

SUBJECT          Footpath on Windsor Road, Northmead - near Hammers Road

REFERENCE   F2004/00171

FROM                 Councillor R Dwyer

 

 

13482

Councillor Dwyer referred to works being carried out on the footpath in Windsor Road, at Hammers Road, Northmead and asked whether the works related to the laying of electrical wiring and, if so, who would be responsible for returning the footpath to its normal state.

 

The Chief Executive Officer advised that the works were not been carried out by Council and added that the utility carrying out the works would be responsible for the restoration of the footpath.

 

 

 

 

 

4

SUBJECT          Code of Conduct

REFERENCE   F2007/02116

FROM                 Councillor R Dwyer

 

 

13483

Councillor Dwyer sought advice as to whether Council would receive a report shortly on a new Code of Conduct for Councillors.

 

The Chief Executive Officer advised that a new model Code of Conduct was currently being developed by the State Government with the recommendation that Councils adopt the new Code.

 

Council would continue to operate under its current code until it adopted the new code and in this respect, the necessary report would be forwarded to Council at the appropriate time.

 

 

 

 

 

 

5

SUBJECT          Various Maintenance Works and Quality Control

REFERENCE   F2004/00017

FROM                 Councillor S A Issa

 

 

13484

Councillor Issa advised that he had raised various service requests pertaining to such issues as a pothole in Mountford Avenue, Guildford, a pothole near the Holy Family Church and the repainting of a school zone at the Holy Family Church.

 

Councillor Issa asked whether there were any quality controls measures in place to ensure that the works were carried out to a satisfactory level as it appeared that the potholes still existed even after maintenance works had taken place.

 

The Chief Executive Officer advised that it was likely temporary maintenance works had been carried out pending the necessary works by the appropriate crew.

 

Councillor Issa suggested that the works should be completed in one visit.

 

The Chief Executive Officer responded that this would require a longer wait for maintenance works and could prove to be a safety issue.

 

 

 

 

 

 

6

SUBJECT          Provision of iPads for the Media

REFERENCE   F2008/04592

FROM                 Councillor S D Lloyd

 

 

13485

Councillor Lloyd asked whether any progress had been made in providing an iPad for usage by the media at Council Meetings.

 

The Chief Executive Officer advised that Council now had spare iPads available for loan and staff would ensure that the media were aware of this option.

 

 

 

 

7

SUBJECT          Out of Hours Telephone Number

REFERENCE   F2008/04592

FROM                 Councillor P J Garrard

 

 

13486

Councillor Garrard advised that he had attempted to utilise Council’s “Out of Hours” telephone number at noon on Saturday 10 November 2012 but no one had been available to accept his call.

 

Councillor Garrard asked why there had not been any “Out of Hours” Service at this time.

 

 

 

 

8

SUBJECT          Condition of Footpath - Jeffrey and Irons Street, North Parramatta

REFERENCE   F2004/06838

FROM                 Councillor B Makari

 

 

13487

Councillor Makari advised that he had recently attended an on site meeting near the subject location where he had noted the extremely poor condition of the footpath at the corner of Jeffery and Irons Streets, North Parramatta, which posed a safety risk for pedestrians.

 

Councillor Makari noted that many of the problems evident related to the trees which had been planted at this location by the Department of Housing and asked whether Council had any recourse available against the Department to fund the cost of fixing the footpath.

 

The Chief Executive Officer advised that whilst Council could lobby the Department, Council was currently pursuing 2 options which included a possible boardwalk style footpath in Jeffery Street or the movement of the gutter at this location and subsequent placement of the footpath on the other side of the trees.

 

 

 

 

 

 

9

SUBJECT          Benefits to Local Businesses from Parramasala and Western Sydney Wanderers

REFERENCE   F2009/02982

FROM                 The Lord Mayor, Councillor John Chedid

 

 

13488

 

The Lord Mayor, Councillor J Chedid was pleased to note the great benefit being experienced by local businesses as a result of Parramasala.

 

The Lord Mayor further noted the  presence of many well behaved soccer supporters in Church Street restaurants on the nights that the Western Sydney Wanderers played home matches.

 

The Lord Mayor requested that an assessment of the benefits of these 2 initiatives be undertaken, preferably on a Wanderers home match night.

 

 

 

 

RESCISSION MOTIONS

 

 

A Notice of Motion signed by Councillors A A Wilson, J D Finn and P Esber, to rescind Item 8.5 of Major Applications regarding 24-28 Mons Road, Westmead (Minute No. 13469 refers) had been received during the meeting.

 

This notice of rescission was subsequently defeated as a Matter of Urgency under Minute No 13473.

 

 

The meeting terminated at 9.18 pm

 

 

 

THIS PAGE AND THE PRECEDING 19 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON MONDAY, 12 NOVEMBER 2012 AND CONFIRMED ON MONDAY, 26 NOVEMBER 2012.

 

 

 

 

Lord Mayor