MINUTES OF THE Meeting of Parramatta City Council HELD IN THE Council Chamber, CIVIC PLACE, PARRAMATTA ON Monday, 10 December 2012 AT 6.47pm

 

PRESENT

 

The Lord Mayor, Councillor J Chedid in the Chair, Councillors J P Abood, S H Chowdhury, B Dwyer, G J Elmore, P Esber, 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 (retired 10.31 pm).

 

  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.

 

MINUTES

 

 

SUBJECT          Minutes of the Council Meeting held on 26 November 2012

 

RESOLVED      (Esber/Issa)

 

13526

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

 

 

DECLARATIONS OF INTEREST

 

 

1             Councillor L E Wearne declared a pecuniary interest in relation to Item 8.2 of Domestic Applications regarding an application to remove a tree at 24 Chesterfield Road, Epping as the owner of the subject property and the tree removal applicant.

 

2             Councillor J D Finn declared a pecuniary interest in relation to Item 9.1 of Reports – Major Developments regarding Lennox Bridge and Rotary Park, 338-340 and 339-351 Church Street, 330 Church Street, Parramatta, as Councillor Finn is an employee of Transport NSW who is funding part of the development.

3             Councillor S D Chowdhury declared a non-pecuniary interest in relation to Item 9.3 of Reports – Major Developments regarding Suite 2, 2-6 Kendall Street Harris Park, as he  knows a resident who lives in proximity to the proposal, but added that he would remain in the Chamber during discussion and voting on this issue.

 

 

MINUTES OF THE LORD MAYOR

 

1

SUBJECT          Tribute to Detective Inspector Bryson Anderson

REFERENCE   F2012/02805

FROM                 The Lord Mayor, Councillor John Chedid

 

RESOLVED      (Chedid/Wilson)

 

13527

(a)       That Council pay tribute to Detective Inspector Bryson Anderson with a minute of silence during tonight’s meeting.

(b)       That Council offers his family, friends and the police family our deepest condolences.

(c)       That Council sends flowers to Detective Inspector Bryson Anderson’s funeral this Wednesday to pay our respects to Detective Inspector Anderson.

(d)       Further, that  Council make a donation to the memorial fund set up to support Detective Inspector Anderson’s wife and three children.

 

 

NOTE:      The Chamber subsequently observed one minute’s silence as a mark of respect on the passing of Detective Anderson.

 

 

PUBLIC FORUM

 

1

SUBJECT          Objection to Development of Residential Flat Building - 173 Adderton Road, Carlingford

REFERENCE   DA/307/2012

FROM                 Jeff Barker

 

“Dear Lord Mayor, Deputy Lord Mayor and Councillors,

 

The residents of Charles Street have major concerns about the DA proposing to construct a 3-storey RFB with basement car park at 173 Adderton Road. One of the critical issues impacting us is the proposed storm water solution based on easement routed through rear boundary of battleaxe blocks in Charles Street.

 

The development site at 173 Adderton Road is a narrow isolated block with a steep fall to what was originally a creek but now covered with multi-unit townhouses. This site was rezoned to R4 in DCP 2011 and it is the last R4 block in the western side of Adderton Road. The applicant purchased the property at a low price in April 2011 when it was zoned as R2 fully aware of the lack of a storm water solution for this site. The situation is the same for adjacent properties south of 173 Adderton Road where each property has a large block of land but no storm water solution. After the purchase of the property, from what we understand, the applicant (through his agent) sent a formal letter to the adjacent properties in Adderton Road proposing a storm water solution for the neighbourhood.  The proposal was for the affected properties to share the cost of laying easement through the rear (western boundary) which will connect to the council easement further south. It appears that the applicant stopped pursuing this solution once the site was rezoned to R4.

 

In addition to the deficiencies of the stormwater solution, we would like to reiterate the following issues highlighted in a statement presented to the Council Meeting on August 27 2012 about this DA:

 

Street Character:        RFB is totally inconsistent with the future character of the area among established houses and townhouses.

 

Minimum Frontage:The applicant is seeking 70% variation on the frontage requirement of 40 meters for RFB in DCP for R4 properties in Carlingford precinct.

 

Overshadowing:   Significant shadowing impact on neighbouring properties, especially 171 Adderton Road, which will not receive the minimum solar access requirements for adjoining properties specified in Part 3 of DCP 2011.

 

Privacy:                        The balconies directly overlook the habitable areas and private space of neighbouring properties.

 

                                      Stormwater Management: As per the latest version (4th revision) of the stormwater sketch submitted, the easement is proposed to be laid through the rear boundary of 8, 10A, 12A and 14B Charles Street. There is significant water run-off into these properties even today and are prone to frequent “flooding” events during heavy downpour. The proposed easement and pits are going to make the current critical overland water flow situation even worse. The proposal is to thrust bore through or next to (millimetres distance) the foundation of retaining walls and/or other structures in these properties which can cause structural instability. The easement encroaches into the TPZ of more than fifteen mature and valuable trees. Owners of these properties have already informed the council through their submission that they will not grant consent to the easement being routed through their property.

 

We strongly request the council to give proper consideration for the impact of stormwater on the neighbouring low lying properties. We also request the council to enforce properly designed stormwater plans to be certified pre-approval, not as a consent condition after approval.

 

We strongly believe the proposed RFB development is totally inappropriate for the site as it severely impacts on the immediate amenity of adjoining properties.

 

Question 1      Why is the Council even considering the proposal of an easement through Charles Street properties to facilitate development of RFB in 173 Adderton Road?  Why isn’t the Council enforcing a long term stormwater solution by having an easement through the rear of Adderton Road properties that would not only benefit 173 but also adjacent properties to the south in Adderton Road?

 

Question 2:     What is the outcome of the Council investigation into the frequent failure of stormwater management system in 8 Charles Street? Why were the residents of Unit 7/8 Charles not consulted during this investigation?”

 

 

13528

RESPONSE

 

By Mark Leotta – Service Manager Development Assessment:-

 

“Question 1       The proposal as submitted to Council proposes an inter-allotment drainage easement though the rear of several properties fronting Charles Street. Council’s Development Engineers have assessed this aspect of the proposal and do not support a drainage easement in this location for the reasons set out in the s79C assessment report.

 

                            It is the recommendation of Council staff that stormwater from the subject site be discharged to existing Council infrastructure within Adderton Road. This requirement is recommended by way of a deferred commencement condition. I refer you to the ‘Recommendation’ section of the s79C report on next Monday night’s agenda for the detailed wording of that condition.

 

                            The recommended deferred commencement condition which requires the laying of a 375mm pipe within Adderton Road by the developer, would become a Council asset upon completion and any further developments within the street could utilise this pipe subject to Council approval.

 

Question 2         A Service Request was lodged on 27 August 2012 regarding stormwater concerns at 8 Charles Street and a Council officer from Council’s Regulatory Services Unit investigated this matter on 29 August 2012. The matter related to concerns in respect of an approved development at 4 Charles Street and stormwater impacts on 8 Charles Street. The investigating officer has advised that a final Occupation Certificate has been issued in respect of the development at 4 Charles Street and that all stormwater connections appeared to be appropriate. The officer further noted that due to the downward slope of 8 Charles Street of approximately 6m, it was inevitable that this site would experience some overland flow notwithstanding that the new development at 8 Charles Street has provided adequate stormwater control.”

 

It is at the discretion of the investigating officer whether they feel they need to hold discussions with a complainant and/or resident to further their understanding of a complaint.”

 

 

 

 

2

SUBJECT          Support for Portals in Lennox Bridge

REFERENCE   DA/425/2012

FROM                 Paul Bowyer

 

“Tonight you have the opportunity to approve the opening up of a vital link along the Parramatta River. I would like to urge you to do so.

 

I am a Parramatta resident and a cyclist with an abiding interest in Parramatta’s heritage buildings and structures. I lead free rides around Parramatta to showcase them.

 

Why? I was originally opposed to the portals. But the information evenings earlier in the year, which showed the relocated positioning, and the other, far more unsightly alternatives, got me thinking. And then I thought about the Lennox Bridge. It is only a bridge at the road level.  It is a barrier at the river level  - a barrier to all users - walkers, runners, cyclists, people with prams and those in wheelchairs.  The portals would remove that barrier. So I changed my mind. I am a strong supporter of the portals. 

 

The Lennox Bridge is one of Parramatta’s historic icons. Some believe that it should never be changed. I respect their views, but I don’t agree with them in this case. This change is a sensible adaptation of the bridge to meet the needs of the community. It is not being done lightly or on a whim. An exhaustive examination of alternatives has been undertaken. The design has been changed to reduce the impact. And the Heritage Council of NSW have approved the changes. They are warranted because of the benefits the community will reap.

 

No longer a barrier, the bridge will become a community intersection that crowns the river and lets all pass – at road and river. Far from destroying it, the portals will bring a new appreciation of the bridge, its graceful arch and its splendid construction.

 

 

They will open up new corridors linking Old Government House to the Female Orphan School, from Parramatta Park to Sydney Olympic Park, and from Windsor to Sydney. The potential of these links is enormous.

They will further rejuvenate the river and help cement its rightful place as the lifeblood of this great city.

 

Only last Monday, Parramatta Council marked the International Day of People with a Disability. The theme was ‘Removing barriers to create an inclusive and accessible society for all’. What better way to demonstrate this than by approving the portals in the Lennox Bridge tonight.   

Please don’t let the opportunity slip by!

 

Question:         I am hopeful you will approve the portals tonight. However should  a decision not be made tonight,  given the exhaustive study that has been done, could Council please stipulate what further information is required to enable the decision to be made.”

 

13529

RESPONSE

 

By Mark Leotta – Service Manager Development Assessment:-

 

“This question cannot be answered at this time as the application remains undetermined. It would be up to the Council to resolve what further information may be required were the application not approved this evening.”

 

 

3

SUBJECT          Development Application - Alterations to Lennox Bridge

REFERENCE   DA/425/2012

FROM                 Alice Kershaw

 

 

 

“I wish to make the following submission in relation to the report submitted on this issue:-

 

“SIZE OF SAMPLES

 

The size of page 8's sample (39) and page 10's sample (145) are too small for statistical analysis.  The sizes should be at least 200 to 300 to ensure correct statistical analysis.  The small sizes lead to bias and incorrect results.

 

The pie charts are deceptive.  The strongly agree and agree colours should not be two very close shades of green.  There are no tabulations which would provide correct results.

 

The use of pie charts on pages 11, 12 and 14 and the statements "one persons", "two persons" and "four persons" on page 16 have no statistical use as there was no mention of how many people were in the groups.

 

There was no breakdown into walkers, bike riders, tourists, mothers with prams etc with no tabulation of the results.

 

With correct tabulations of a proper sample size, best practice (at the level of scientific research papers (sic).  This is also applicable to any statutory body's statistical sampling.

 

TIME AND DURATION OF OBTAINING SAMPLE

 

The report stated that it was conducted in winter, not at four different times of the year.  It was not conducted from sunrise to sunset over a period of at least a week.

 

In addition, there was no mention or breakdown of the different types of persons interviewed, eg. bike riders, walkers, mothers with prams and people in wheelchairs.  In 1988, the Callan Park Action Group obtained information about the users of Callan Park from sunrise to sunset, including a breakdown into runners, dog walkers, walkers, picnickers.  All this was tabulated and recorded with names and phone numbers.  We could get a group of demonstrators at the gates within 10 minutes to greet whomever was coming to Callan Park.

 

SCOPE OF INTERVIEWS

 

The way the consultations  was to ensure only one (the Portals) option was canvassed.  This is not best practice.  It reminds me of how Nazi Germany and Soviet Russia manipulated statistics for their own ends.

 

People were not allowed to voice their opinions.  The way the interviews were guided amounts to coercion to provide a "Yes" answer to support council's proposition.

 

COST

 

This will cost in excess of 3 million dollars.  This money should be spent on essential Council services.

 

INTEGRITY OF SANDSTONE STRUCTURE

 

Is Council absolutely sure that there will be no destruction of the sandstone internal spines by the transmission of vibrations during boring?  You are dealing with 200 year old sandstone.

 

Can you give assurances that the bridge will not collapse during the boring and subsequent construction.  A collapsed bridge and impassable Church Street would be catastrophic for the Council's reputation.

 

INTERPRETATION

 

Instead of there being "interpretation" of the site within the tunnel, it would be better served by information boards on the street and the celebration of Foundation Day and Week at a similar level of funding and publicity that is given to Parramasala. 

 

The pioneers of Parramatta deserve better that being totally ignored by Councillors.”

 

13530

RESPONSE

 

By Mark Leotta, Service Manager Development Assessment:-

 

“All works associated with construction of the portals would be subject to compliance with the Building Code of Australia which includes compliance with structural stability standards. In addition, the General Terms of Approval provided by the Heritage Council of NSW (conditions 3 & 4) include a requirement for an independent structural engineer to provide a structural report examining the feasibility of the proposal in terms of structural stability during boring and tunnelling for the proposed tunnels. The General Terms of Approval also require the works to be supervised by a heritage consultant and a structural engineer.”

 

 

PETITIONS

 

 

1

SUBJECT          Objection to Portals on Lennox Bridge

REFERENCE   DA/425/2012

FROM                 J Bullivant OAM and others

 

RESOLVED      (Wilson/Esber)

 

13531

That the petition be received and considered in conjunction with the Development Application lodged on this issue (Minute No. 13535 refers).

 

 

 

 

 

 

2

SUBJECT          Parking in Burrabogee Road (facing Spiriton Place), Pendle Hill

REFERENCE   F2010/03230

FROM                 C J Frost and others

 

RESOLVED      (Chowdhury/Esber)

 

13532

(a)       That  the petition be received and referred to the Parramatta Traffic Committee for consideration.

(b)       Further, that  interested Councillors be provided with a copy of the petition.

 

 

Reports - Domestic Applications

 

 

 

8.1

SUBJECT          33 Allen Street, Harris Park
(Lots 6, 7 and 8 DP 13579) (Elizabeth Macarthur Ward)

DESCRIPTION Removal of demountable buildings and alterations and additions to the existing heritage building for use as a seminary with extended carparking area.

REFERENCE   DA/599/2012 - 9 October 2012

APPLICANT/S  The Trustees of the Roman Catholic Church for the Diocese of Parramatta

OWNERS          The Trustees of the Roman Catholic Church for the Diocese of Parramatta

REPORT OF     Manager Development Services

REASON FOR REFERRAL TO COUNCIL

                            The application is being referred to Council for determination as the application seeks approval for works to a heritage item.

 

RESOLVED      (Esber/Elmore)

 

13533

 (a)    That Development Application 599/2012 for the removal of demountable buildings and alterations and additions to the existing heritage building for use as a seminary with extended carparking area on land at 33 Allen Street, Harris Park be approved subject to the conditions of consent in Attachment 1 of this report.

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

 

 

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.

 

 

 

 

 

8.2

SUBJECT          24 Chesterfield Road, Epping
(Lot 1 DP 128441) (Lachlan Macquarie Ward)

DESCRIPTION To remove a Jacaranda tree located within the front of the property.

REFERENCE   TA/646/2012 - 3 October 2012

APPLICANT/S  Lorraine Wearne and Derek Wybrow

OWNERS          Lorraine Wearne and Derek Wybrow

REPORT OF     Manager Development Services

REASON FOR REFERRAL TO COUNCIL

                            The landowner is a Councillor.

 

RESOLVED      (Esber/Abood)

 

13534

That Council as the consent authority grant consent to Tree Permit Application TA/646/2012 for the removal of one (1) tree from 24 Chesterfield Road, Epping consisting of one (1) x Jacaranda mimosifolia – Jacaranda  tree located within the front of the property subject to conditions contained within Attachment 1.

 

 

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 and A A Wilson.

 

NOES            None.

 

 

 

NOTE:      Councillor L E Wearne declared a pecuniary interest in relation to this matter as the owner of the subject property and as the tree removal applicant and temporarily retired from the meeting during consideration and voting on this issue.

 

 

Reports - Major Applications

 

 

9.1

SUBJECT          Lennox Bridge and Rotary Park, 338-340 and 339-351 Church Street, 330 Church Street, PARRAMATTA
(Lot 1, DP 188447, Lot B, DP 393866, Lot 1, DP 788637, Lot A, DP 333263, Lots 1&2, DP 740382, MS 5628-3000,  Lot 3, DP 788637) (Arthur Phillip Ward)

DESCRIPTION Alterations to Lennox Bridge (including provision of 2 portals) to provide pedestrian and bicycle access under each side of the bridge along the riverfront and associated works and landscaping.

REFERENCE   DA/425/2012 - Submitted 20 July 2012

APPLICANT/S  Parramatta City Council

OWNERS          Parramatta City Council, Roads and Maritime Services and Meriton Property Services P/L

REPORT OF     Manager Development Services

REASON FOR REFERRAL TO COUNCIL

                            The application is referred to Council for determination as the development relates to public infrastructure works proposed by council.

 

MOTION             (Wilson/Esber)

 

 

That the application be refused for the following reasons:-

1.         The proposal is not in the public interest;

2.         The removal of the stairwell on the southern side of the Bridge does not help access for pedestrians to the restaurant district; and

3.         The damage that may result to an historical item in Parramatta.

 

 

 

FORESHADOWED

MOTION             (Lloyd/Garrard)

 

 

(a)     That Council as the consent authority grant development consent to Development Application No. DA/425/2012 for alterations to Lennox Bridge,           Parramatta to provide pedestrian access under each side of the bridge along the riverfront and associated road works and landscaping within the foreshore reserves, for a period of five (5) years for physical commencement to occurr from the date on the Notice of Determination subject to the conditions contained in Attachment 1.

(b)     Further, that all persons who made an individual submission be advised of Council’s decision on the matter.

 

 

The motion was put and lost.

 

13535

The foreshadowed motion became the motion and was put and 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 and L E Wearne.

 

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

 

 

NOTE:         1       Councillor J D Finn temporarily retired from the meeting as an employee of Transport NSW and did not participate in discussion or voting on this issue.

 

                     2       Councillor J P Abood left the meeting at 7.39 pm and returned at 7.41 pm during consideration of this matter.

 

                     3       Councillor P Esber left the meeting at 7.39 pm and returned at 7.48 pm during consideration of this matter.

 

                     4       Councillors J A Shaw and A A Wilson left the meeting at 7.50 pm and returned at 7.52 pm during consideration of this matter.

 

 

 

 

 

9.2

SUBJECT          22A Hunter Street Parramatta (Lot A DP 358326) (Arthur Phillip Ward)

DESCRIPTION Continuation of the use as a sex services premises (brothel)

REFERENCE   DA/183/2012 - Submitted 30 March 2012

APPLICANT/S  AAA Dining Concepts Pty. Ltd

OWNERS          Memspan Pty. Ltd.

REPORT OF     Manager Development Services

REASON FOR REFERRAL TO COUNCIL

                            The proposal is referred to Council for consideration as the application relates to a Brothel.

 

RESOLVED      (Issa/Lloyd)

 

13536

That the application be refused for the following reasons and any other additional reasons felt applicable by staff:-

1.         In accordance with the concerns outlined  by the Crime Prevention Officer.

2.         The proposal is contrary to planning principles especially in relation to proposed proximity of residential premises.

3.         Non Compliance with the separation distances for licensed botte shops.

4.         The lack of cooperation by management which has been a hindrance in previous site visits.

5.         Alcohol has previously been found on the premises contrary to condition 18 of the previous consent.

6.         In accordance with concerns raised by the Local Area Command.

7.         The proposal has insufficient off street parking.

8.         The proposal is not in the public interest.

.

 

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.

 

 

 

 

9.3

SUBJECT          Suite 2, 2-6 Kendall Street Harris Park
(Lot 42 SP 72827) (Elizabeth Macarthur Ward)

DESCRIPTION Occupation of premises for a liquor store

REFERENCE   DA/338/2012 - Submitted 13 June 2012

APPLICANT/S  Grey Ace Pty Ltd

OWNERS          R Singh

REPORT OF     Manager Development Services

REASON FOR REFERRAL TO COUNCIL

                            This application is referred to Council for determination as 11 submissions including a petition containing 53 signatures were received during the notification period, as per Council’s resolution dated 27 June 2011 regarding staff delegations.

 

RESOLVED      (Hugh/Lloyd)

 

13537

(a)       That Council as the consent authority grant development consent to Development Application No. DA/338/2012 for the occupation of a premises for a liquor store on land at suite 2/ 2-6 Kendall Street Harris Park NSW 2150 for a period of five (5) years from the date on the Notice of Determination subject to the conditions contained in Attachment 1

(b)       That the persons who lodged an individual submission and the head petitioner be advised of Council’s determination of the application.

(c)       Further, that a report be presented on the establishment of an Alcohol Free Zone in the public area around the shop.

 

 

 

DIVISION      The result being:

 

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

 

NOES            Councillors  S H Chowdhury and P J Garrard.

 

 

 

NOTE:        1        Councillor S D Chowdhury had declared a  non-pecuniary interest in relation to this matter as he  knows a resident who lives in proximity to the proposal, but remained in the Chamber during consideration and voting on this matter.

 

                 2        Councillor S A Issa left the meeting at 8.28 pm and returned at 8.30 pm during consideration of this matter.

 

                    3         Councillor A A Wilson left the meeting at 8.31 pm and returned at 8.38 pm during consideration of this matter.

 

 

 

 

9.4

SUBJECT          61 Mobbs Lane, EPPING  NSW  2121
(Lot 9 DP 27072961)(Lachlan Macquarie Ward)

DESCRIPTION Stage 3 residential development comprising 7 residential flat buildings and the modification of the approved Concept Plan.

REFERENCE   NCA/4/2012 - Submitted 10 October 2012

APPLICANT/S  Meriton Apartments Pty Limited

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 & Infrastructure on the project application for the modification to the Concept Plan and construction of Buildings 11 to 17 (Stage 3 Residential).

 

Schedule 3 of State Environmental Planning Policy (Major Projects) 2005 identifies the former Channel 7 Site at 61 Mobbs Lane, Epping as a State Significant Development. Clause 5(1) of Part 3A of the State Policy (SEPP) states that, "such development within the Channel 7 site that has a capital investment value of more than $5 million" will be considered under Part 3A. The proposed development has a Capital Investment Value of $94,287,178 and hence falls under Part 3A. The Minister for Planning is the Consent Authority for the above project.

 

 

RESOLVED      (Wearne/Elmore)

 

13538

That Council endorse the submission to the Director General of the Department of Planning (contained at Attachment 1) regarding their assessment of the project application at 61 Mobbs Lane, Epping.

 

 

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 and L E Wearne.

 

NOES            Councillor A A Wilson.

 

 

 

 

9.5

SUBJECT          9 Bogalara Road, OLD TOONGABBIE  NSW  2146 
(Lot 99 DP 8850)(Arthur Phillip Ward)

DESCRIPTION Section 82A Review of Council's refusal of an application for the demolition, tree removal and construction of a Seniors Living Development containing 16 dwellings

REFERENCE   DA/675/2011 - Submitted 27 September 2012

APPLICANT/S  JS Architects Pty Ltd

OWNERS          Mr S Elias

REPORT OF     Manager Development Services

REASON FOR REFERRAL TO COUNCIL

                            The application is referred to Council as it is an application under Section 82A of the Environmental Planning and Assessment Act, 1979.

 

MOTION             (Makari/Garrard)

 

 

 

That the application be approved subject to standard conditions.

 

 

FORESHADOWED

MOTION             (Wearne/Finn)

 

 

 (a)    That Council uphold its determination and refuse Development Application No. DA/675/2011 for the demolition, tree removal and construction of a Seniors Living development containing 16 units at 9 Bogalara Road, Old Toongabbie for the following reasons:

1.    The proposal fails to satisfy the provisions of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 as it does not comply with Clause 41 where it requires the standards contained in Schedule 3 be complied with. A lift has not been proposed to the dwellings located above the ground floor in accordance with Clause E3.6 of the BCA and linen storage has not been provided to the required standard for dwellings 3, 6, 7, 9, and 11.

2.    The site contains a Critically Endangered Ecological Community being Cumberland Plain Woodland located at the rear of the site. The proposed development would have a significant and unacceptable impact on the vegetative community. 

3.    The development is not in the public interest.

(b)       Further, that the persons who lodged submissions be advised of Council’s determination of the application.

 

 

13539

The motion was put and carried.

 

 

DIVISION      The result being:

 

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

 

NOES            Councillors S H Chowdhury, G J Elmore, J D Finn, J Shaw, L E Wearne and A A Wilson.

 

NOTE

As the Motion was successful, there was no need to put the Foreshadowed Motion.

 

 

 

9.6

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

DESCRIPTION Further report regarding the proposed 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

REASON FOR REFERRAL TO COUNCIL

Council at its meeting of 12 November 2012 considered a report on the application and resolved:

 

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.

 

This further report addresses the reason for deferral.

 

 

ADJOURNMENT OF MEETING

 

 

In accordance with Council's decision of 23 October 2000 (Minute No 5712) the meeting adjourned at 9.14 pm for a period of 16 minutes.

 

 

RESUMPTION OF MEETING

 

 

The meeting resumed in the Council Chamber at 9.30 pm, there being in attendance 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.

 

 

RESOLVED      (Garrard/Issa)

 

13540

 (a)    That deferred commencement be approved for Development Application 897/2011 for the consolidation of the site into 1 allotment, the demolition of existing structures, tree removal and the construction of a 4 storey residential flat building over a basement car parking at 22 and 24 Smythe Street Merrylands be granted, pending the submission of a scheme to enable all waste and recycling services to be carried out within the premises and not from the road side.

(b)     Further, that the objectors and head petitioners be advised of Council’s decision in the matter.

 

 

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.

 

 

 

 

 

 

9.7

SUBJECT          184 - 186 Windsor Road, Winston Hills
(Lots 1 and 2 DP 1144817) (Caroline Chisholm Ward)

DESCRIPTION Consolidation of two allotments and resubdivision to create three Torrens Title allotments. Approval is also sought for the demolition of the dwelling at 184 Windsor Road, retention of the heritage listed dwelling at 186 Windsor Road, tree removal and the construction of two attached dual occupancy developments (total four dwellings) on two of the proposed allotments

REFERENCE   DA/529/2012 - Submitted 11 September 2012

APPLICANT/S  United Holdings Pty Ltd

OWNERS          United Holdings Pty Ltd

REPORT OF     Manager Development Services. Also email from J and C Roberts dated 10 December 2012.

REASON FOR REFERRAL TO COUNCIL

                            The application is referred to Council for determination as the proposal involves a heritage item as per Council‘s resolution dated 27 June 2011 regarding staff delegations.

 

 

RESOLVED      (Dwyer/Garrard)

 

13541

(a)       That Council as the consent authority grant development consent to Development Application No. DA/529/2012 for the consolidation of two allotments and resubdivision to create three Torrens Title allotments. Approval is also sought for the demolition of the dwelling at 184 Windsor Road, retention of the heritage listed dwelling at 186 Windsor Road, tree removal and the construction of two attached dual occupancy developments (total four dwellings) on two of the proposed allotments at 184 - 186 Windsor Road, WINSTON HILLS NSW 2153 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 J P Abood, S H Chowdhury, R Dwyer, G J Elmore, P Esber, P J Garrard, J H Hugh, S A Issa, S D Lloyd, B Makari, J A Shaw and L E Wearne.

 

NOES            Councillors J D Finn and A A Wilson.

 

 

 

 

 

9.8

SUBJECT          Prince Alfred Park (Pk 15) 353D Church Street and 24 O’Connell Street and Church Street and Market Street road reserves, PARRAMATTA  NSW  2150
(Lot 1 DP 724837, Lot 3 DP 1132683) (Arthur Phillip Ward)

DESCRIPTION Use of Prince Alfred Park, the Old Kings School, Church Street between Victoria Road and Phillip Street and Market Street for Sydney Festival events between 17 and 27 January 2013. Approval is also sought for the Festival to operate for 10 days in January 2014 and 2015

REFERENCE   DA/581/2012 - Submitted 29 September 2012

APPLICANT/S  Sydney Festival

OWNERS          Parramatta City Council, Crown Lands

REPORT OF     Manager Development Services

REASON FOR REFERRAL TO COUNCIL

                            The application is referred to Council for determination as the use involves Council owned property, as per Council’s resolution dated 27 June 2011 regarding staff delegations.

 

RESOLVED      (Issa/Lloyd)

 

13542

That Council as the consent authority grant development consent to Development Application No. DA/581/2012 for the community event “Sydney Festival” to be held between 17 and 27 January 2013 and for 10 days in January 2014 and 2015 at Prince Alfred Park, the Old Kings School, Church Street between Victoria Road and Phillip Street and Market Street, Parramatta subject to the conditions contained in Attachment 1.   

 

 

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.

 

 

 

 

 

 

9.9

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

DESCRIPTION Further report - 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

         

Council at its meeting on 12 November 2012 considered a report on the application and resolved:

 

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

 

This further report addresses the reasons for deferral.

 

 

RESOLVED      (Esber/Abood)

 

13543

(a)     That Council as the consent authority grant development consent to Development Application No. DA/263/2012 for alterations and additions to a dwelling, including a first floor addition and a change of use of the premises to a Boarding House, under State Environmental Planning Policy (Affordable Rental Housing) 2009, containing 6 x double occupancy rooms (accommodating 12 persons) plus a caretaker's residence and construction of a gazebo to the rear at 315 Woodville Road, GUILDFORD  NSW  2161 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             Councillors J P Abood, S H Chowdhury, R Dwyer, G J Elmore, P Esber, J D Finn, P J Garrard, J H Hugh, S D Lloyd, B Makari, J A Shaw, L E Wearne and A A Wilson.

 

NOES            The Lord Mayor, Councillor J Chedid and Councillor S A Issa.

 

 

 

 

 

9.10

SUBJECT          4 & 6 Hammers Road, Northmead (Lot 8 DP 7339 & Lot 9 DP 7339)(Arthur Phillip Ward)

DESCRIPTION Consolidation of 2 allotments and resubdivision into 3 Torrens title allotments.

REFERENCE   DA/633/2012 - Lodged 26 October 2012

APPLICANT/S  Mr C Baissari

OWNERS          Ms G M Chong and Ms K L Emerson and Ms J Y T Lee

REPORT OF     Manager Development Services. Also Team Leader – Development Assessment Memorandum dated 10 December 2012. Also email from C Baissari dated 10 December 2012.

REASON FOR REFERRAL TO COUNCIL

                            The proposal is referred to Council for consideration as 9 submissions objecting to the application have been received.

 

RESOLVED      (Dwyer/Esber)

 

13544

 (a)      That Council as the consent authority grant development consent to Development Application No. DA/633/2012 for consolidation of 2 allotments and resubdivision into 3 Torrens title allotments at 4-6 Hammers Road, NORTHMEAD  NSW  2152 for a period of five (5) years from the date on the Notice of Determination subject to 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 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.

 

 

Notices of Motion

 

 

10.1

SUBJECT          Prayers at Council Meetings

REFERENCE   F2008/03234 - D02593072

REPORT OF     Councillors Makari and Lloyd. Also Service Manager – Governance, Performance and Quality Memorandum dated 5/12/2012.

 

MOTION             (Makari/Lloyd)

 

 

(a)       That Parramatta City Council introduce a prayer before every Council Meeting for a maximum period of 3 minutes per meeting.

(b)       That the prayer be before the Acknowledgement to Traditional Owners and be part of the welcome section of the meeting that is conducted by the Lord Mayor.

(c)       That the prayer be delivered by a representative of the Parramatta Regional Church Ministers from a roster drawn up by the Parramatta Regional Church Ministers organiser.

(d)       That the Lord Mayor’s office:

1     Notify the organiser of the Parramatta Regional Church Ministers of council meetings that have been set.

2     Notify the organiser of the Parramatta Regional Church Ministers of any new and revised dates of council meetings.

(e)     Further, that the proposal be at no cost to Council.

 

 

 

AMENDMENT   (Shaw/Chowdhury)

 

 

That Council set aside 60 seconds at the beginning of each meeting for quiet reflection.

 

 

The amendment was put and lost.

 

13545

The motion was put and 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 and B Makari.

 

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

 

 

 

Economy and Development

 

 

 

11.1

SUBJECT          Variations to Standards under SEPP 1

REFERENCE   F2009/00431 - D02584352

REPORT OF     Manager Development and Traffic Services

 

RESOLVED      (Esber/Shaw)

 

13546

That the report be received and noted.

 

 

 

 

CLOSED SESSION

 

 

 

RESOLVED      (Esber/Issa)

 

13547

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 item listed comes within the following provisions:-

 

 

1       Legal Matters Monthly Report to Council. (D02584373) - 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.

 

12.1

SUBJECT          Legal Matters Monthly Report to Council

REFERENCE   F2004/07898 - D02584373

REPORT OF     Manager Development and Traffic Services. Also General Counsel Memorandum dated 10/12/2012 regarding 140 Kissing Point Road, Dundas.

 

RESOLVED      (Garrard/Esber)

 

13548

(a)       That the report be received and noted.

(b)       Further, that in relation to the planning appeal involving the property at 140 Kissing Point Road, Dundas, that option 3 in the General Counsel’s supplementary memorandum is to be pursued.

 

 

  

 

QUESTION TIME

 

 

 

 

1

SUBJECT          Issue of Parking Stickers for Councillors

REFERENCE   F2005/02435

FROM                 Councillor S A Issa

 

 

13549

Councillor Issa advised that at the previous meeting he had requested the issue of a parking sticker to prevent the receipt of parking infringements when parking at Granville Town Hall.

 

Since that time he had received no contact at all from Council Staff and had subsequently received 2 additional fines.

 

Councillor Issa again requested that he urgently receive the requested parking stickers.

 

The Group Manager Outcomes and Development advised that the stickers would be issued on the morning of 11 December 2012.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2

SUBJECT          Seniors Christmas Party

REFERENCE   F2009/01153

FROM                 Councillor J A Hugh

 

 

13550

Councillor Hugh congratulated the Lord Mayor on the success of the Seniors Christmas Parties which had been much enjoyed by all attendees.

 

 

NOTE:      Councillor A A Wilson retired from the meeting at 10.31 pm during this matter.

 

 

 

3

SUBJECT          Christmas Carols at Boronia Park

REFERENCE   F2004/07967

FROM                 Councillor J P Abood

 

 

13551

Councillor Abood advised that he had attended the Christmas Carols held at Boronia Park on Sunday 9 December 2012 and advised that it was a fantastic event.

 

Councillor Abood added that Council’s support for this event was well received and expressed his hope that Council’s involvement would continue into the future.

 

 

 

 

The meeting terminated at 10.33 pm.

 

THIS PAGE AND THE PRECEDING 22 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON MONDAY, 10 DECEMBER 2012 AND CONFIRMED ON MONDAY, 17 DECEMBER 2012.

 

 

 

 

 

Lord Mayor