Minutes of Council - 17 December 2012

MINUTES OF THE Meeting of Parramatta City Council HELD IN THE Council Chamber, CIVIC PLACE, PARRAMATTA ON Monday, 17 December 2012 AT 6.50 pm

PRESENT

The Lord Mayor, Councillor J Chedid in the Chair and Councillors S H Chowdhury, B Dwyer, G J Elmore, 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.

MINUTES

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

RESOLVED (Garrard/Issa)

13552

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

APOLOGIES

13353 RESOLVED (Issa/Elmore)

That an apology be received and accepted for the absence of Councillors J P Abood and P Esber.

DECLARATIONS OF INTEREST

Councillor J D Finn declared a pecuniary interest in relation to Item 8.18 of Economy and Development regarding the Granville Interchange as Councillor Finn is an employee of Transport for NSW and Council proposes to enter into a legally binding arrangement with Transport for NSW in relation to the proposed upgrade of the Granville Transport Interchange.

PUBLIC FORUM

1	SUBJECT Development Application - 173 Adderton Road, Carlingford REFERENCE DA/307/2012 FROM Mr Jacob John
	QUESTIONS By Mr Jacob John:- “Dear Lord Mayor, Deputy Lord Mayor and Councillors, On behalf of the residents of Adderton Road and Charles Street I would like to highlight major concerns with the DA proposing to construct 3-storey with basement car park RFB in 173 Adderton Road. We had entrusted the services of Boston-Blyth-Fleming Townplanners to do an independent review of the DA and their report (copy circulated to the Councillors by staff) ratifies our concerns. Street Character: The R4 zoned properties surrounding the development site currently have - 32 townhouses and 1 duplex (constructed by Defence Housing in 2006) and a Dual Occupancy (battleaxe one constructed in 2000) to the north. To the south is R3 zoned properties with established houses. The imposition of a large train carriage style 3 storey RFB into this streetscape would remain as a permanent aberration for the foreseeable future. This will be the only 3 storey and only RFB on western side of Adderton Road. The assessment report acknowledges the development is inconsistent with the existing character of the area but still asserts it is compatible with the future character as envisaged by PLEP 2011, which permits RFB. How could a 3 storey plus basement car park RFB in a narrow block with sideways oriented rectangular blocks like building be compatible with the future streetscape when the surrounding R4 properties have already been developed with townhouses and established houses? Solar Access: The assessment report acknowledges that 171 Adderton Road will receive less than 3 hours of solar access to the northern elevation and rear private open space. Though this is a correct statement in itself, it doesn’t present the true extent of the overshadowing impact caused by the development. What can be clearly observed are the habitable rooms in the northern and western elevation plus the private open space of 171 Adderton Road will have ‘NO’ solar access (100% shadowed) during winter solstice. In addition the well cultivated and maintained rear backyard (400 square meters of land) will also have ‘NO’ (100% shadowed) solar access during the winter solstice. How could such an overwhelming overshadowing impact be acceptable based on any future development of 171 Adderton Road as asserted in the report? Is the objective of the Council to force the residents, who have been living in the property for 27 years (and who intend to continue living there), out by denying solar access, to help maximise the yield of a developer? Overlooking: The balconies directly overlook the habitable areas and private open space of neighbouring properties with 175 and 175A Adderton Road being the most impacted. Contrary to the observation in the assessment report, the RFB will completely block city views currently being availed from the top decking of 175A Adderton Road. Variations: The application is non-compliant to at least seven major requirements between the Residential Flat Building Design Code and Parramatta DCP 2011. All the variations have been accepted in the assessment report citing size limitations of the block and failure of consolidation attempt. It is quite evident the narrow frontage and orientation of the block make it unsuitable for RFB development without consolidation. We believe the applicant never had any true intention or the capacity to consolidate the adjacent properties. Quality of the Application: As we understand the Council notified the applicant about non-compliance of driveway gradients in July 2012. The applicant never bothered to fix this even though many revisions of the plans have been submitted in the last six months. As per the assessment report the Council Development Engineer has found major inconsistencies between the various plans. How could the council be confident in the plans being put forward for approval when there are so many inconsistencies? Alternative forms of development: The assessment report repeatedly gives undue credit to the application for not building to the maximum permitted height and FSR of R4 as per the PLEP 2011 but fails to acknowledge such an outcome is not feasible due to limitations of the site. It is very clear from the applicant’s response to the Council’s design panel comments there was no intention to construct 4 storey with additional cost of installation of lifts to be incurred. The neighbourhood would welcome a compliant development of 7 to 8 townhouses or villas which will integrate well with the current as well as future streetscape. The proposed RFB of 12 units offer 4 additional residences but severely impacts on the immediate amenity of adjoining properties.”
13554	RESPONSE By Mark Leotta – Service Manager Development Assessment:- “1. It is acknowledged that this is the first application for a Residential Flat Building since this immediate precinct has been up zoned and that this development will not be consistent with the existing character of the area that predominantly comprises, dwelling houses, interspersed with the occasional dual occupancy and town house development, being a maximum of 2 storeys in height. However, it is considered that the development is compatible with the future desired character of the area as envisioned by Parramatta Local Environmental Plan 2011 that permits Residential Flat Buildings to be constructed within this zone. The assessment of the development’s compatibility with the streetscape and the desired character of the area are further discussed within the Public Consultation Section of the Section 79C Report (Attachment 1 of Item 8.2). It is noted that the properties to the north of 173 Adderton Road were up zoned from R3 medium Density Residential to R4 High Density Residential upon the gazettal of Parramatta Local Environmental Plan 2011. The properties south of 173 Adderton Road have remained as R3 Medium Density Residential which does not permit Residential Flat Buildings. 2. The application was submitted with shadow diagrams which illustrate that as a result of the proposal, the properties to the north (175 and 175A Adderton Road) and to the west (4 Charles Street) will receive more than 3 hours of solar access including to their rear private open space. The property to the south at 171 Adderton Road will receive less than 3 hours of solar access to the northern elevation and the rear private open space. The applicant has also submitted elevational solar access diagrams comparing the existing solar access conditions and the solar access as a result of the proposed development. These diagrams are attached to the Addendum Memo to the Councillors (also attached to this email) dated 13 December 2012. It is noted that the topography of the site at 173 Adderton Road is on a higher relative level than the property to the south at 171 Adderton Road. The submitted diagrams illustrate that the existing solar access conditions at 9am on the day of the winter solstice, shows that the rear window of the dwelling at 171 Adderton Road will be partly overshadowed. The overshadowing to this elevation progressively extends to the length of the northern elevation of 171 Adderton Road throughout the day of the winter solstice. Further, the rear courtyard is overshadowed for the day of the winter solstice as well. The diagrams showing the existing solar access conditions also illustrate that by 1pm of the winter solstice the front elevation and part of the front setback is also overshadowed by the existing development on 173 Adderton Road. As such, the development to the south at 171 Adderton Road currently receives less than 3 hours of solar access along the northern elevation and to the rear private open space. 3. An assessment of the built form has been undertaken and is considered to be acceptable given its general compliance with the relevant planning controls, Council’s policies and permissibility. In respect of stormwater design which requires either an interallotment drainage easement or laying of a pipe within the road reserve, which is the case here, it is standard planning practice to impose a deferred commencement condition on a Development Application where all other planning matters are considered to be resolved or satisfactory. The deferred commencement conditions relate to an alternative stormwater disposal system which Council believes is the most appropriate hydraulic solution for the development. Council believes this can be achieved without significant impacts to the built form of the development which was considered acceptable. However, the onus is on the consent holder to submit plans to Council for review and if they are assessed as satisfactory, an operative consent can be issued. Any such plans will be assessed on merit once submitted by the applicant. If the plans are not satisfactory upon review by the relevant Council officers, an operative consent cannot be issued and development cannot proceed until a satisfactory hydraulic solution is proposed.”
	NOTE: Councillor A A Wilson left the meeting at 6.59 pm and returned at 7.02 pm during consideration of this matter.

SUBJECT Development Application - 163 - 165 George Street, Parramatta

REFERENCE DA/144/2012

FROM Mr Russell Gander

QUESTION

By Mr Russell Gander:-

“With respect to DA144/2012, I would like to ask the Council to defer a decision on this until a traffic study or evaluation has been completed.

Whilst the Traffic Committee have seen fit to not require one, they have not taken into account the current volume and type of traffic in the area.

I also wish to ask the Traffic Committee to consider asking RTA to cease a left turn on red light from Purchase St into Hassall St. It is considered by residents to be a major contributing factor to the volume and type of traffic passing through our residential street.”

13555

RESPONSE

By Richard Searle – Service Manager Traffic & Transport:-

“The proposed application is for a change of use from bowling green to a mini-soccer field. There is little change in traffic volume and type of vehicles as a result of the proposal. Furthermore, the traffic generated from this activity would be small compared to the existing traffic flow on adjacent streets. Accordingly, a traffic study is not required as part of this development application.

In regards to the left turn from Purchase Street into Hassall Street, traffic counts will be undertaken in February 2013 and a report provided to the subsequent Traffic Engineering Advisory Group meeting.”

SUBJECT Development Application - 163 - 165 George Street, Parramatta

REFERENCE DA/144/2012

FROM Ms Kirsten Lund

13556

STATEMENT

By Ms Kirsten Lund:-

“In 2010 the same applicant applied for a similar development to the current one (DA 563/2010) and it was refused outright by Council’s planning officers.

The only difference is that the initial DA was for 4 mini soccer fields and the current one is for 2. However, we point out that the first DA was refused on qualitative grounds not quantitative.

For this current DA the applicants have:

a Not addressed any of those issues and

b Not provided any new information in their application.

Therefore those original refusal issues are as valid today as then.

So a brief summary of just 4 of the 7 original points of refusal:

1 The extent of operating hours and day is unreasonable in proximity to a residential area.

From 9 till 10pm every day of the week residents would be exposed to the noise, excessive lighting and serious traffic impacts associated with this proposal. Residents would have no respite from work, nor would business people and visitors using Queens Wharf parkland.

2 The acoustic report does not give due consideration to the likely impacts arising from referee’s whistles, crowd noise and vehicular noise and so fails to satisfy the Harris Park DCP Acoustic Privacy requirement.

This DA relies on an acoustic monitoring report used for the previous soccer field DA, plus a follow-up letter with this current DA summarising the information in that original acoustic report.

This acoustic report is flawed because it:

- Uses outdated acoustic data from 2005 and 2006,

- Was not carried out at the closest residences to the proposed site

These are actually at 1/153 and 3/153 George St, the cottages behind Lifeline, which are 10 metres from the proposed site. Hassall St to the South, and 200 George St and 1 and 1A Noller Parade to the North East are other very close sites not monitored. Noise from the Club travels strongly along the river already.

- makes no mention of referee whistles and shouting/cheering that occur at soccer competitions, mentioning only ‘loud voices’.

In the Section 79c report Council’s Environmental Health Officer has recommended acoustic monitoring for 6 months. Residents however have absolutely no confidence that this will happen as Parramatta Workers Club has to date failed to carry out monthly noise monitoring, a condition of consent of their DA325/2006 (condition 37). When residents have asked both the Club and the Council for this noise data, each of these organisations has referred us to the other.

1 The development application contains insufficient detail, particularly the level of detail on the plans, luminous emittance and traffic and parking.

Another issue-

Residents would be very much concerned if the Council were to support a proposal which directly links sport with alcohol. This year the Alcohol Advertising Review Board has recommended banning makers of alcohol from sponsoring and advertising sporting events, particularly football, because of that dangerous mix and its impact on anti-social behaviour and for community health reasons.

The applicant has stated at site meetings that one of their target markets is young children and school groups. Placing sport directly within the Workers Club venue would promote that connection and is the wrong environment in which to place an otherwise healthy activity such as soccer and children.

1 The applicant does not satisfactorily establish that the change of activity from bowling greens to mini football fields “does not involve a significant intensification of that existing use” as required by Section 107(c) of the Act and 41(2)(d) of the Environmental Planning & Assessment Regulation 2000 and has not submitted sufficient evidence of existing use rights.

The site’s existing use is not as a sports field. The bowling greens haven’t been used for at least 8 years and currently are used to park on by Club patrons – so there’s insufficient parking now. It cannot be said as the council report states that parking is underutilised.

Clearly this proposal would mean a much greater intensification of the area. According to the applicants 50 people will be on site to play games scheduled to repeat every 40 minutes after 7pm. After the match, players retire to the Club or exit the premises. This cyclic activity, repeated by a different group of 50 people every 40 minutes, would significantly increase traffic and parking requirements.

There are car accidents currently occurring, on average, at least weekly at the intersection of George St and Purchase St, right next to the entrance to the Club. These accident statistics have obviously not been taken into account by Council’s Traffic Engineer and will only increase if this goes ahead.

2 It is not in the public interest.”

Economy and Development

8.1	SUBJECT 10 Betts Street , Parramatta NSW 2150 ( Lot 11 DP33618) ( Elizabeth Macarthur Ward) DESCRIPTION Alterations and additions to a residential flat building including a fourth level extension under the Affordable Rental Housing SEPP 2009. REFERENCE DA/203/2012 - 5 April 2012 APPLICANT/S Mr. G Sassen OWNERS Mr. L T Sassen REPORT OF Manager Development Services REASON FOR REFERRAL TO COUNCIL This application is referred to Council for determination as the proposal is for the alteration and addition of a fourth level to an existing 3 storey residential flat building under state Environmental Planning Policy (Affordable Rental Housing) 2009, as per Council’s resolution dated 27 June 2011 regarding staff delegations.
	RESOLVED (Garrard/Issa)
13557	(a) That Council as the consent authority grant development consent to Development Application No. DA/203/2012 for alterations and additions to a residential flat building including a fourth level extension under State Environmental Planning Policy (Affordable Rental Housing) 2009, at 10 Betts Street PARRAMATTA NSW 2150 for a period of five (5) years from the date on the Notice of Determination subject to the conditions outlined in Attachment 1. (b) 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 R Dwyer, J D Finn, P J Garrard, J H Hugh, S A Issa, S D Lloyd, B Makari and J A Shaw. NOES Councillors S H Chowdhury, G J Elmore, L E Wearne and A A Wilson.

8.2	SUBJECT 173 Adderton Road, Carlingford (Lot 15 DP 7584) (Lachlan Macquarie Ward) DESCRIPTION Demolition, tree removal and construction of a 3 storey Residential Flat Building over basement carparking and strata subdivision. REFERENCE DA/307/2012 - 25 May 2012 APPLICANT/S Addford Properties Pty Ltd OWNERS Addford Properties Pty Ltd REPORT OF Manager Development Services. Also Senior Development Assessment Officer Memorandum dated 12 December 2012. REASON FOR REFERRAL TO COUNCIL As per the Council resolution of 27 June 2011, any application that receives more than 7 submissions during the notification process is to be referred to Council for determination.
	MOTION (Garrard/Issa)
	(a) That Council as the consent authority grant a deferred commencement consent to Development Application No. DA/307/2012 for demolition, tree removal and construction of a 3 storey Residential Flat Building over basement carparking and strata subdivision subject to the completition of Schedule A of Attachment 1. (b) Further, that the head petitioner and the persons who lodged an individual submission be advised of Council’s determination of the application.
	FORESHADOWED MOTION (Hugh/Wearne)
	That the application be refused for the following reasons:- 1. The frontage is significantly narrower than that required. 2. There is a compliance issue in relation to stormwater treatment. 3. The proposal will result in overshadowing of the neighbouring property. 4. The area is zoned R4 however the street character of area is basically townhouses and accordingly, narrow apartments will be out of character for the area. 5. As many objections have been received from local residents, the proposed development is not in the public interest.
	The motion was put and lost.
13558	The foreshadowed motion became the motion and was put and carried.
	DIVISION The result being: AYES The Lord Mayor, Councillor J Chedid and Councillors S H Chowdhury, R Dwyer, G J Elmore, J D Finn, J H Hugh, J A Shaw and L E Wearne. NOES Councillors S A Issa, S D Lloyd, P J Garrard, B Makari, and A A Wilson.

8.3	SUBJECT 24 & 26 Rosehill Street, Parramatta (LOT 1 DP 712293 and LOT 1 DP 999430) (Arthur Phillip Ward) DESCRIPTION Demolition, tree removal and construction of a three storey residential flat building containing 14 units over basement car parking with strata subdivision. REFERENCE DA/142/2012 - Lodged 9 March 2012 APPLICANT/S N R Campbell Pty Ltd OWNERS N R Campbell Pty Ltd REPORT OF Manager Development Services REASON FOR REFERRAL TO COUNCIL The application is referred to Council for consideration as a petition has been received with 29 signatures objecting to the proposal.
	RESOLVED (Finn/Wearne)
13559	(a) That Council as the consent authority grant development consent to Development Application No. DA/142/2012 for demolition, tree removal and construction of a 3 storey residential flat building containing 14 units over basement car parking with strata subdivision at 24 and 26 Rosehill Street Parramatta for a period of five (5) years for physical commencement to occur from the date on the Notice of Determination subject to the conditions contained in attachment 1. (b) Further, that objectors be advised of Council’s decision.
	DIVISION The result being: AYES The Lord Mayor, Councillor J Chedid and Councillors S H Chowdhury, R Dwyer, G J Elmore, 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.

8.4	SUBJECT 32 Station Street, DUNDAS (Lot 12 DP 873189) (Elizabeth Macarthur Ward) DESCRIPTION Demolition, tree removal and construction of a 6 storey residential flat complex containing 53 apartments over basement car parking REFERENCE DA/236/2012 - Lodged 19 April 2012 APPLICANT/S Yimlook Pty Limited OWNERS Mimosa Corporation Pty Limited and Mildara Enterprises Pty Limited 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.
	RESOLVED (Wearne/Issa)
13560	(a) That Council as the consent authority grant development consent to Development Application No. DA/236/2012 for demolition, tree removal and construction of a residential flat complex containing 53 apartments at 32 Station Street, DUNDAS NSW 2117 for a period of five (5) years for physical commencement to occur from the date on the Notice of Determination subject to the conditions contained in 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 S H Chowdhury, R Dwyer, G J Elmore, 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 569 Church Street, NORTH PARRAMATTA (Lot 2 DP 584459) (Arthur Phillip Ward) DESCRIPTION Use of an existing building as a place of public worship including internal fitout to support the use REFERENCE DA/478/2012 - Lodged 15 August 2012 APPLICANT/S Hope Mission Centre Incorporated OWNERS Grewlan Investments Pty Limited REPORT OF Manager Development Services. Also Senior Development Assessment Officer Memorandum dated 17 December 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 relates to a proposal which is for the purpose of a place of public worship.
	RESOLVED (Finn/Elmore)
13561	That Council as the consent authority grant development consent to Development Application No. DA/478/2012 for use of an existing building as a place of public worship including internal fitout to support the use at 569 Church Street, North Parramatta NSW 2151 for a period of five (5) years for physical commencement to occur from the date on the Notice of Determination subject to the conditions within the attached Section 79C assessment report.
	DIVISION The result being: AYES The Lord Mayor, Councillor J Chedid and Councillors S H Chowdhury, R Dwyer, G J Elmore, 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 20, 20A & 20B Barton Street, North Parramatta (LOT 1, 2 & 3 DP 1102029) DESCRIPTION Alterations and additions to the Parramatta City Tennis clubhouse in P H Jeffrey Reserve. REFERENCE DA/332/2012 - Lodged 8 June 2012 APPLICANT/S Parramatta City Council OWNERS Parramatta City Council REPORT OF Manager Development Services REASON FOR REFERRAL TO COUNCIL The proposal involves the development of community/crown land which is managed by Parramatta City Council and therefore requires independent assessment and determination by full Council.
	RESOLVED (Shaw/Wearne)
13562	That Council as the consent authority grant development consent to Development Application No. DA/332/2012 for alterations and additions to the Parramatta City tennis clubhouse at 20, 20A & 20B Barton Street, North Parramatta for a period of five (5) years for physical commencement to occur from the date on the Notice of Determination subject to the recommended general and special conditions in Attachment 1.
	DIVISION The result being: AYES The Lord Mayor, Councillor J Chedid and Councillors S H Chowdhury, R Dwyer, G J Elmore, 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 1 Park Road, Rydalmere (Lot 681 DP 151160) (Elizabeth Macarthur Ward) DESCRIPTION Tree removal and demolition of existing structures REFERENCE DA/600/2012 - Submitted 10 October 2012 APPLICANT/S Parramatta City Council OWNERS Parramatta City Council REPORT OF Manager Development Services
	RESOLVED (Hugh/Lloyd)
13563	That Council as the consent authority grant a deferred commencement consent to Development Application No. DA/600/2012 for demolition and tree removal subject to the completition of Schedule 1 contained within Attachment 1.
	DIVISION The result being: AYES The Lord Mayor, Councillor J Chedid and Councillors S H Chowdhury, R Dwyer, G J Elmore, 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.

8.8

SUBJECT 23 Elizabeth Street, Granville (LOT 100 DP 1168741) (Woodville Road)

DESCRIPTION Section 96 Modifications to an approved development comprising 19 x 2 storey townhouses above basement car parking.

REFERENCE DA/129/2010/C - Lodged 28 September 2012

APPLICANT/S Arise Holdings Pty Ltd

OWNERS Arise Holdings Pty Ltd

REPORT OF Manager Development Services

REASON FOR REFERRAL TO COUNCIL

The application relates to the development of former Council land, being the former Granville Works Depot.

RESOLVED (Garrard/Makari)

13564

That consideration of this matter be deferred to later in the evening pending further advice in relation to the sale history of the site (Minute No. 13572 refers).

8.9

SUBJECT 272-276 Railway Terrace, Guildford
(Lot 1 DP 953685, Lot 1 DP 105046 & Lot 1 DP 944263) (Woodville Ward)

DESCRIPTION Demolition, tree removal, construction and strata subdivision of a 4 storey residential flat building containing 24 dwellings over basement carparking under the provisions of the Affordable Rental Housing SEPP 2009.

REFERENCE DA/374/2012 - Submitted 29 June 2012

APPLICANT/S Fluffy Developments Pty Ltd

OWNERS Fluffy Developments Pty Ltd

REPORT OF Manager Development Services

REASON FOR REFERRAL TO COUNCIL

In accordance with Council’s resolution dated 27 June 2011 regarding staff delegations, this development application is referred to Council for determination as the proposal relates to a development proposed under the SEPP (Affordable Rental Housing) 2009.

RESOLVED (Issa/Elmore)

13565

That consideration of this matter be deferred until later in the evening pending advice on rubbish collection from the site (Minute No. 13573 refers).

8.10	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. Also Senior Development Assessment Officer Memorandum dated 17 December 2012. Also correspondence dated 17 December 2012 from GoldenGoal. 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. In addition, Council at its meeting held on 12 November 2012 resolved:- (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.
	RESOLVED (Hugh/Shaw)
13566	(a) That the application be refused for the following reasons:- 1. The operating hours of the proposal is considered to be unreasonable in its proximity to a residential area. 2. The proposal will have an unacceptable level of impact on local residents. 3. The proposal will have unreasonable traffic and parking impacts. 4. The acoustic report does not give due consideration to the likely impacts arising from use of referee’s whistles, crowd noise and vehicular noise associated with sporting events. 5. The recommendations of the acoustic report prepared by RSA Acoustics is considered to require changes to the proposal that will result in unacceptable streetscape and possibly flooding issues. 6. The existing overflow car parking on the bowling green has not been accommodated in this application. 7. The proposal is not in the public’s interest. (b) Further, that Council staff investigate whether the erection of floodlighting at this location has appropriate consent, and if not, appropriate action be taken.
	DIVISION The result being: AYES The Lord Mayor, Councillor J Chedid and Councillors S H Chowdhury, R Dwyer, G J Elmore, 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.

8.11	SUBJECT Planning Proposal for land at 220 & 222 Church Street and 48 Macquarie Street, Parramatta REFERENCE RZ/5/2011 - D02597252 REPORT OF Manager Land Use Planning
	RESOLVED (Elmore/Hugh)
13567	(a) That Council receive and note the submissions to the public exhibition of the planning proposal for 220 & 222 Church Street and 48 Macquarie Street, Parramatta. (b) Further, that Council endorse the planning proposal at Attachment 1 and it be sent to the Minister for Planning and Infrastructure to be made as an amendment to Parramatta City Centre Local Environmental Plan 2007.
	DIVISION The result being: AYES The Lord Mayor, Councillor J Chedid and Councillors S H Chowdhury, R Dwyer, G J Elmore, J D Finn, P J Garrard, J H Hugh, S A Issa, S D Lloyd, B Makari, J A Shaw and L E Wearne. NOES Councillor A A Wilson.

8.12	SUBJECT Planning proposal for land at 160-182 Church Street, Parramatta (Aspire Parramatta) REFERENCE F2012/03460 - D02597771 REPORT OF Manager Land Use Planning
	RESOLVED (Garrard/Wearne)
13568	(a) That Council endorses the planning proposal at Attachment 1 with the first four recommendations in section 8 of Attachment 2 and forwards the amended planning proposal to the Department of Planning and Infrastructure for Gateway determination. (b) Further, that subject to Gateway determination the planning proposal be publicly exhibited and a report be put to Council following the public exhibition to consider any submissions.
	DIVISION The result being: AYES The Lord Mayor, Councillor J Chedid and Councillors S H Chowdhury, R Dwyer, G J Elmore, 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.

8.13	SUBJECT Exhibition - Draft Voluntary Planning Agreement, proposed mixed use development at 330 Church Street Parramatta REFERENCE DA/663/2012 - D02597936 REPORT OF Group Manager Outcomes and Development
	RESOLVED (Garrard/Finn)
13569	(a) That Council note the decision of the Department of Planning and Infrastructure with negotiations for a Voluntary Planning Agreement (VPA) in relation to a proposed mixed use development at 330 Church Street, Parramatta. (b) That delegated authority be given to the CEO to finalise the terms of the VPA on behalf of Council. (c) Further, that the draft VPA be publicly exhibited prior to being reported back to Council.
	DIVISION The result being: AYES The Lord Mayor, Councillor J Chedid and Councillors S H Chowdhury, R Dwyer, G J Elmore, J D Finn, P J Garrard, J H Hugh, S A Issa, S D Lloyd, B Makari, J A Shaw and L E Wearne. NOES Councillor A A Wilson.

8.14

SUBJECT Draft Local Orders and Keeping of Animals Policy

REFERENCE F2012/03402 - D02585901

REPORT OF Manager Regulatory Services

RESOLVED (Garrard/Wearne)

13570

(a) That the Draft Local Orders and Keeping of Animals Policy be placed on Public Exhibition for a period of not less than 28 days , subject to the addition of a clause pertaining to merit based assessment, including medical conditions..

(b) Further, that a report be submitted to Council after public exhibition has been completed

8.15	SUBJECT Parramasala REFERENCE F2009/02982 - D02596787 REPORT OF Manager City Culture, Tourism and Recreation
	RESOLVED (Finn/Elmore)
13571	(a) That Council approve the continuation of the strategic partnership with Destination NSW and Parramasala Ltd for the delivery of the 2013 festival subject to the commitment of the same by Destination NSW and the inclusion of further conditions including greater definition of graphic standards to the use of Council and Parramatta City logos and marketing devices and formalisation of a community and business engagement strategy; (b) That Council delegates to the Chief Executive Officer authority to negotiate and enter into (on behalf of the Council) a binding sponsorship in terms of the previous sponsorship agreement for the delivery of the 2013 Parramasala Festival subject to the commitment of funding by Destination NSW. (c) That the Lord Mayor of the Day, Councillor S H Chowdhury, the Chief Executive Officer and the Manager City Culture, Tourism and Recreation be appointed as Directors of Parramasala Ltd. (d) That Council endorse the nomination of Councillor P J Garrard as an Alternate Director of Parramasala Ltd for both the Lord Mayor and Councillor Chowdhury. (e) Further, that an advisory committee be formed from the local community and include such stakeholders as the Harris Park Chamber of Commerce and other representatives from the business community.
	NOTE: Councillor A A Wilson left the meeting at 8.13 pm and returned at 8.21 pm during consideration of this matter.

ADJOURNMENT OF MEETING

In accordance with Council's decision of 23 October 2000 (Minute No 5712) the meeting adjourned at 8.32 pm for a period of 20 minutes.

RESUMPTION OF MEETING

The meeting resumed in the Council Chamber at 8.52 pm, there being in attendance The Lord Mayor, Councillor J Chedid and Councillors S H Chowdhury, R Dwyer, G J Elmore, J D Finn, P J Garrard, J H Hugh, S D Lloyd, B Makari, J A Shaw, L E Wearne and A A Wilson.

ITEM NOS 8.8 & 8.9 – ECONOMY AND DEVELOPMENT

8.8	SUBJECT 23 Elizabeth Street, Granville (LOT 100 DP 1168741) (Woodville Road) DESCIPTION Section 96 Modifications to an approved development comprising 19 x 2 storey townhouses above basement car parking. APPLICANT/S Arise Holdings Pty Ltd OWNERS Arise Holdings Pty Ltd REPORT OF Manager Development Services REASON FOR REFERRAL TO COUNCIL The application relates to the development of former Council land, being the former Granville Works Depot REFERENCE DA/129/2010/C - Lodged 28 September 2012
	RESOLVED (Garrard/Issa)
13572	That Council as the consent authority, being satisfied that the proposed modifications are substantially the same development grant approval to the requested modification to DA/129/2010 pursuant to s96(1A) of the EP&A Act 1979, subject to the matters and conditions of consent outlined in Attachment 1.
	DIVISION The result being: AYES The Lord Mayor, Councillor J Chedid and Councillors S H Chowdhury, R Dwyer, G J Elmore, 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 S A Issa returned to the meeting at 8.55 pm during consideration of this matter.

8.9	SUBJECT 272-276 Railway Terrace, Guildford (Lot 1 DP 953685, Lot 1 DP 105046 & Lot 1 DP 944263) (Woodville Ward) DESCIPTION Demolition, tree removal, construction and strata subdivision of a 4 storey residential flat building containing 24 dwellings over basement carparking under the provisions of the Affordable Rental Housing SEPP 2009. REFERENCE DA/374/2012 - Submitted 29 June 2012 APPLICANT/S Fluffy Developments Pty Ltd OWNERS Fluffy Developments Pty Ltd REPORT OF Manager Development Services REASON FOR REFERRAL TO COUNClL In accordance with Council’s resolution dated 27 June 2011 regarding staff delegations, this development application is referred to Council for determination as the proposal relates to a development proposed under the SEPP (Affordable Rental Housing) 2009.
	RESOLVED (Issa/Lloyd)
13573	(a) That the application for the demolition, tree removal, construction and strata subdivision of a 4 storey residential flat building containing 24 dwellings over basement car parking under the provisions of the Affordable Rental Housing SEPP 2009 on land at 272-276 Railway Terrace, Guildford be approved by the granting of a deferred commencement consent under Section 80(3) of the Environmental Planning and Assessment Act, 1979 and in accordance with the conditions contained within Attachment 1 of this report. (b) Further, that the objectors be advised of Council’s determination of the application.
	DIVISION The result being: AYES The Lord Mayor, Councillor J Chedid and Councillors S H Chowdhury, R Dwyer, 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 Councillor G J Elmore.

8.16

SUBJECT Heritage Advisory Committee for November 2012

REFERENCE F2005/01945 - D02597266

REPORT OF Project Officer- Land Use Planning

RESOLVED (Wilson/Garrard)

13574

(a) That the minutes of the Heritage Advisory Committee meeting of 17 November 2012 be received and noted.

(b) Further, that Shylie Brown and Peter Crittenden be appointed as members of Council's Heritage Advisory Committee.

8.17	SUBJECT Dellwood Shopping Centre - Parking Options REFERENCE F2012/03007 - D02598873 REPORT OF Place Manager
	MOTION (Garrard/Issa)
	(a) That Council receives and notes this report. (b) That Council confirms parking option 2 for the Dellwood Shops. (c) Further, that the preferred option is included in the 2013/2014 Better Neighbourhoods Program plan.
	AMENDMENT (Elmore/Chowdhury)
	(a) That Council receives and notes this report. (b) That Council confirms parking option 3 for the Dellwood Shops. (c) Further, that the preferred option is included in the 2013/2014 Better Neighbourhoods Program plan.
	The amendment was put and lost.
13575	The motion was put and carried.

8.18	SUBJECT Granville Interchange REFERENCE F2012/03190 - D02599014 REPORT OF Place Manager
	RESOLVED (Issa/Garrard)
13576	(a) That Council approves the entry into a legally binding arrangement with TfNSW for design, construction and delivery of the proposed upgrade of the Granville Transport Interchange described in the report. (b) That Council authorises the CEO to negotiate the final terms and conditions of legally binding transaction documents between Council and TfNSW for the design, construction and delivery of the proposed upgrade of the Granville Transport Interchange described in the report. (c) That Council authorises the affixation of the common seal to legally binding transaction documents between Council and TfNSW for the design, construction and delivery of the proposed upgrade of the Granville Transport Interchange described in the report including a deed relating to project delivery. (d) That Council authorises the CEO to sign any supplementary legally transaction documents for the design, construction and delivery of the proposed upgrade of the Granville Transport Interchange described in the report. (e) Further, that Council views the siting of toilets as a necessity and new toilet facilities need to be included.
	NOTE: Councillor J D Finn declared a pecuniary interest in relation to this matter as Councillor Finn is an employee of Transport for NSW and Council proposes to enter into a legally binding arrangement with Transport for NSW in relation to the proposed upgrade of the Granville Transport Interchange. Councillor Finn temporarily retired from the meeting during consideration and voting on this issue.

Environment and Infrastructure

9.1

SUBJECT Minutes of the Parramatta Traffic Committee held on 29 November 2012

REFERENCE F2012/00041 - D02596346

REPORT OF Traffic & Transport Support Officer. Traffic and Transport

RESOLVED (Finn/Hugh)

13577

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

9.2

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

REFERENCE F2012/00040 - D02596414

REPORT OF Traffic & Transport Support Officer. Traffic and Transport

RESOLVED (Garrard/Chowdhury)

13578

That the minutes of the Traffic Engineering Advisory Group meeting held on 29 November 2012 be adopted.

9.3	SUBJECT Adoption of the Duck River Flood Study, Duck River Floodplain Risk Management Study and Duck River Floodplain Risk Management Plan REFERENCE F2006/01343 - D02596924 REPORT OF Senior Project Officer - Environmental Outcomes
	MOTION (Garrard/Makari)
	That consideration of this matter be deferred to the Council Meeting (Ordinary) to be held on 25 February 2013 with Councillors to retain the documentation circulated for consideration at the future meeting.
	AMENDMENT (Chowdhury/Elmore)
	That Council adopt the following three documents - Duck River Flood Study, Duck River Floodplain Risk Management Study and Duck River Floodplain Risk Management Plan.
	The amendment was put and lost.
13579	The motion was put and carried.

Community and Neighbourhood

10.1

SUBJECT Aboriginal and Torres Strait Islander Advisory Committee Applications for Membership

REFERENCE F2005/01941 - D02584728

REPORT OF Community Capacity Building Officer

RESOLVED (Garrard/Finn)

13580

That Council approve seven applications for membership of Council’s Aboriginal and Torres Strait Islander Advisory Committee.

Governance and Corporate

11.1	SUBJECT Delegation of Authority to the Lord Mayor and Chief Executive Officer During the Christmas/New Year Period REFERENCE F2004/07400 - D02533595 REPORT OF Service Manager Governance, Quality and Performance
	RESOLVED (Finn/Elmore)
13581	(a) That the Lord Mayor, Councillor J Chedid and the Chief Executive Officer be delegated joint authority under Section 377 of the Local Government Act, 1993, for the period Tuesday, 18 December 2012, until Friday, 8 February 2013, to deal with important or urgent business of the Council including the determination of development applications subject to:- 1 Notice of the business to be determined under delegation being provided to all Councillors at least three (3) days prior to the Delegated Authority Meeting. 2 Prior to any item being considered at the Delegated Authority Meeting, a referral, signed by 3 Councillors (in line with the requirements for the lodgement of a notice of rescission), be permitted to refer such item to a full Council Meeting for consideration. 3 The Minutes for all of the business dealt with under delegation over this period being submitted to the first available Council Meeting of the New Year. (b) Further, that the LM and CEO also be delegated authority to undertake a review of any circumstances relating to development proposals for the football codes within the City.
	NOTE: Councillor J A Shaw left the meeting at 9.51 pm during consideration of this matter.

11.2

SUBJECT Investments Report for October 2012

REFERENCE F2009/00971 - D02584180

REPORT OF Manager Finance

RESOLVED (Garrard/Elmore)

13582

That Council receive and note the Investments Report for October 2012.

11.3	SUBJECT Parraconnect Committee 19 November REFERENCE F2012/00445 - D02589026 REPORT OF Manager Information Communication & Technology
	RESOLVED (Garrard/Wearne)
13583	(a) That the minutes of the Parraconnect Advisory Committee meeting of 19 November 2012 be received and noted. (b) That Council accept the resignation Councillor R Dwyer for this Committee due to his inability to attend meetings held during working hours. (c) Further, that interested Councillors advise the Office of the Lord Mayor of their desire to become a member of this Committee.
	NOTE: Councillor J A Shaw returned to the meeting at 9.54 pm during consideration of this matter.

11.4

SUBJECT Social Media for the Public Sector - 19 & 20 March 2013 - The Menzies, Sydney

REFERENCE F2006/00544 - D02589036

REPORT OF Executive Support Manager

RESOLVED (Wilson/Finn)t

13584

That interested Councillors advise the Office of the Lord Mayor of their desire to attend the Social Media for the Public Sector Conference to be held at the Menzies, Sydney on 19 & 20 March 2013.

11.5

SUBJECT 2013 LGSA Tourism Conference - Shoal Bay Resort - 11-13 March 2013

REFERENCE F2004/06195 - D02589626

REPORT OF Executive Support Manager

RESOLVED (Dwyer/Lloyd)

13585

That interested Councillors advise the Office of the Lord Mayor of their desire to attend the 2013 LGSA Tourism Conference, to be held at the Shoal Bay Resort on 11-13 March 2013.

11.6

SUBJECT Green Cities 2013 6 - 7 March 2013 - Sydney

REFERENCE F2008/04095 - D02589684

REPORT OF Executive Support Manager

RESOLVED (Issa/Wearne)

13586

That interested Councillors advise the Office of the Lord Mayor of their desire to attend the Green Cities 2013 Conference to be held in Sydney on 6 and 7 March 2013.

11.7

SUBJECT Australian Local Government Women's Association (NSW) Conference - 14 - 16 March 2013 - Gosford

REFERENCE F2012/03480 - D02598218

REPORT OF Executive Support Manager

RESOLVED (Wearne/Elmore)

13587

That interested Councillors advise the Office of the Lord Mayor of their desire to attend the Australian Local Government Women's Association (NSW) Conference to be held in Gosford on 14 - 16 March 2013.

CLOSED SESSION

RESOLVED (Wearne/Chowdhury)

13588

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

1 Tender 39/2012 Parramatta CBD Footpath Upgrade – Hunter, Phillip and Marsden Streets, Parramatta.. (D02564163) - This report is confidential in accordance with section 10A (2) (d) of the Local Government Act 1993 as the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

2 EOI 36/2012 Design and Construction of New Operations Centre – 316 Victoria Road, Rydalmere.. (D02579543) - This report is confidential in accordance with section 10A (2) (d) of the Local Government Act 1993 as the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

3 Tender 3/2012 Parramatta River Foreshore Playground – Parramatta River, North Bank, Between Barry Wilde Bridge and Elizabeth Street Footbridge.. (D02583423) - This report is confidential in accordance with section 10A (2) (d) of the Local Government Act 1993 as the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

4 Disposal Council Depots . (D02586409) - This report is confidential in accordance with section 10A (2) (d) of the Local Government Act 1993 as the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

5 Tender 18/2012 - Tender for the Provision of Plant and Equipment Hire Services. (D02591435) - This report is confidential in accordance with section 10A (2) (d) of the Local Government Act 1993 as the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

6 Tender 28/2012 - Tender for the Provision of Heating, Ventilating, Air Conditioning and Refrigeration Maintenance Services. (D02591444) - This report is confidential in accordance with section 10A (2) (d) of the Local Government Act 1993 as the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

7 Tender 38/2012 Maintenance of Stormwater Assets (Pollution Control and Conveyance Infrastructure). (D02596090) - This report is confidential in accordance with section 10A (2) (d) of the Local Government Act 1993 as the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

8 WSROC - Tender for Road Rehabilitation and Asphalt Services . (D02597327) - This report is confidential in accordance with section 10A (2) (d) of the Local Government Act 1993 as the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

9 Development Opportunity. (D02594136) - This report is confidential in accordance with section 10A (2) (d) of the Local Government Act 1993 as the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

10 Voluntary Planning Agreement (VPA) negotiations - Proposed Mixed Use development at 330 Church Street, Parramatta.. (D02599321) - This report is confidential in accordance with section 10A (2) (d) of the Local Government Act 1993 as the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

12.1

SUBJECT Tender 39/2012 Parramatta CBD Footpath Upgrade – Hunter, Phillip and Marsden Streets, Parramatta.

REFERENCE F2012/02595 - D02564163

REPORT OF Acting Supervisor - Project Management

RESOLVED (Wilson/Hugh)

13589

(a) That the tender submitted by Mansour Paving (Aust) Pty Ltd for Footpath Upgrade in the Parramatta CBD in Hunter, Phillip and Marsden Streets for the sum of $365,302.20 (excluding GST) be accepted.

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

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

12.2

SUBJECT EOI 36/2012 Design and Construction of New Operations Centre – 316 Victoria Road, Rydalmere.

REFERENCE F2012/02576 - D02579543

REPORT OF Project Manager - Rydalmere Operations Centre

RESOLVED (Issa/Dwyer)

13590

(a) That Expressions of Interest received for the Design and Construction of the new Operations Centre at 316 Victoria Road, Rydalmere be noted.

(b) That tenders be invited from the panel of shortlisted companies as contained within Attachment 3 as follows:-

1 Taylor Construction Group

2 ADCO Constructions Pty Ltd

3 John Holland Pty Ltd

4 Hansen Yuncken Pty Ltd

5 Cockram Construction NSW Pty Ltd

6 Watpac Construction (NSW) Pty Ltd

7 Hindmarsh Construction Australia Pty Ltd.

12.3

SUBJECT Tender 3/2012 Parramatta River Foreshore Playground – Parramatta River, North Bank, Between Barry Wilde Bridge and Elizabeth Street Footbridge.

REFERENCE F2012/00411 - D02583423

REPORT OF Acting Supervisor - Project Management

RESOLVED (Wilson/Issa)

13591

(a) That the tender submitted by Hargraves Landscapes Pty Limited for the construction of a playground on the Parramatta River Foreshore, north bank, between Barry Wilde Bridge and Elizabeth Street footbridge for the sum of $538,725.22 (excluding GST) be accepted.

(b) That Council allocate an additional $200,000 from the CBD Infrastructure Special Rate Program.

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

12.4

SUBJECT Disposal Council Depots

REFERENCE F2008/02904 - D02586409

REPORT OF Property Development Manager. Also Property Development Manager Memorandum dated 17 December 2012.

RESOLVED (Garrard/Issa)

13592

(a) That Council approve the disposal of the property known as 1A Morton Street, Parramatta, more formally identified as Lot 8 in Deposited Plan 1097934, for sale by an Expression of Interest campaign.

(b) That Council approve the disposal of the property known as 42 Bridge Street, Rydalmere, more formally identified as Lots 66-69, 208-212, 218-222, 301-305 in DP14244 and Lots 1 and 2 in DP128739, for sale by an Expression of Interest campaign.

(c) Further, that the Chief Executive Officer and the Lord Mayor are authorised to affix the common seal and sign all necessary documents to complete the sales of the subject properties.

12.5	SUBJECT Tender 18/2012 - Tender for the Provision of Plant and Equipment Hire Services REFERENCE F2012/01263 - D02591435 REPORT OF Service Manager Trades, Building and Fleet
	RESOLVED (Garrard/Issa)
13593	(a) That the tenders submitted by the following providers of Plant & Equipment Hire Services be accepted at their proposed rates: Categories: i. Excavator/Tipper/Bobcat general: Acclaimed Excavation Pty Limited ii. Bobcat Profiler for Asphalt Work: MCT Bobcat Pty Ltd iii. General equipment hire: Kennards Hire Pty Ltd and Coates Hire Operations Pty Limited iv. Elevated Work Platforms: Stanton Corporation Pty Ltd T/as Universal Mobile Tower Hire and Sherrin Hire Pty Ltd T/as Boom Sherrin. (b) That all unsuccessful tenderers be advised of Council’s decision in this matter. (c) Further, that the Lord Mayor and Chief Executive Officer be given delegated authority to execute and affix the Common Seal of Council to the necessary documents.
	NOTE: Councillor L E Wearne left the meeting at 10.14 pm during consideration of this matter.

12.6	SUBJECT Tender 28/2012 - Tender for the Provision of Heating, Ventilating, Air Conditioning and Refrigeration Maintenance Services REFERENCE F2012/02216 - D02591444 REPORT OF Service Manager Trades, Building and Fleet
	RESOLVED (Wearne/Issa)
13594	(a) That the tender submitted by Hirotec Maintenance Pty Ltd for scheduled and minor reactive Heating, Ventilating, Air Conditioning and Refrigeration maintenance services be accepted at their proposed rates. (b) That the tenders submitted by the following providers of Heating, Ventilating, Air Conditioning and Refrigeration maintenance services be accepted to form a panel for major reactive maintenance and other project work: a. Haden Engineering Pty Limited b. Air Conditioning Engineering Services Pty Ltd (ACES) c. Hannan Technical Services Pty Ltd (Hannantech) d. Hirotec Maintenance Pty Ltd. (c) That all unsuccessful tenderers be advised of Council’s decision in this matter. (d) Further, that the Lord Mayor and Chief Executive Officer be given delegated authority to execute and affix the Common Seal of Council to the necessary documents.
	NOTE: Councillor L E Wearne returned to the meeting at 10.16 pm during consideration of this matter.

12.7

SUBJECT Tender 38/2012 Maintenance of Stormwater Assets (Pollution Control and Conveyance Infrastructure)

REFERENCE F2012/02598 - D02596090

REPORT OF Manager City Assets and Environment

RESOLVED (Garrard/Wilson)

13595

(a) That the contractors listed below form a Preferred Supplier Panel in accordance with the services identified for an initial period of three (3) years with an option to extend for a further two, one year periods (1+1) subject to satisfactory performance:

Part A – Maintenance of Pollution Control Assets

1. Envirocivil NSW Pty Ltd

2. Total Drain Cleansing Services Pty Ltd

Part B – Manual Pickup of Waterways Litter

1. Envirocivil NSW Pty Ltd

2. Total Drain Cleansing Services Pty Ltd

Part C – Eduction, Jetting, CCTV and Inspections

1. Veolia Water Pty Ltd

2. Total Drain Cleansing Services Pty Ltd

3. ITS Trenchless Pty Ltd

4. Toxfree – Barry Bros. Specialised Services Pty Ltd

5. IC Pipes Pty Ltd (Item 2 of Specs ONLY)

6. Interflow Pty Ltd (Item 2 of Specs ONLY)

7. Envirocivil Pty Ltd (Item 3 of Specs ONLY)

Part D – Pipe/Culvert Repair and Rehabilitation (Trenchless)

1. Veolia Water Pty Ltd;

2. ITS Trenchless Pty Ltd

3. IC Pipes Pty Ltd

4. Interflow Pty Ltd

Part E – Solid Waste Management (Stormwater)

1. Envirocivil NSW Pty Ltd

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

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

12.8

SUBJECT WSROC - Tender for Road Rehabilitation and Asphalt Services

REFERENCE F2012/00011 - D02597327

REPORT OF Manager City Assets and Environment

RESOLVED (Wilson/Elmore)

13596

(a) That Council accepts the tenders submitted by those suppliers listed in the table given in Attachment 1 of this Report, for the provision of Road Rehabilitation and Asphalt Services within the respective components outlined.

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

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

12.9

SUBJECT Development Opportunity

REFERENCE F2011/03835 - D02594136

REPORT OF Development Manager. Property Development

RESOLVED (Issa/Wilson)

13597

(a) That consideration of this matter be deferred to the New Year and in the meantime, a further workshop be held on the issue.

(b) Further, that should questions previously raised be answered satisfactorily, a Special Council Meeting be held at an earlier date.

12.10	SUBJECT Voluntary Planning Agreement (VPA) negotiations - Proposed Mixed Use development at 330 Church Street, Parramatta. REFERENCE NCA/23/2010 - D02599321 REPORT OF Group Manager Outcomes and Development
	RESOLVED (Garrard/Makari)
13598	(a) That Council proceed with negotiations for a Voluntary Planning Agreement (VPA) in relation to proposed amendments to a mixed use development at 330 Church Street, Parramatta. (b) That delegated authority be given to the CEO of Council to negotiate the VPA on behalf of Council and report back with a recommendation for approval or otherwise of the VPA. (c) That the draft VPA be publicly exhibited at an appropriate stage prior to being reported back to Council. (d) That the assessment by Council staff of the development application and the proposed VPA negotiation be kept separate and independent processes. (e) Further, that ward and other interested Councillors be provided with an update on the progress in relation to the Riverbank Site (refer paragraph 3 of report).
	NOTE: Councillor A A Wilson requested that his name be recorded as having voted against this decision.

The meeting terminated at 10.40 pm.

THIS PAGE AND THE PRECEDING 32 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON MONDAY, 17 DECEMBER 2012 AND CONFIRMED ON MONDAY, 11 FEBRUARY 2013.

Lord Mayor