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
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SUBJECT Minutes
of the Council Meeting held on 26 November 2012
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RESOLVED (Esber/Issa)
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13526
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That the minutes be taken as read and be accepted
as a true record of the Meeting.
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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
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SUBJECT Tribute
to Detective Inspector Bryson Anderson
REFERENCE F2012/02805
FROM The Lord Mayor,
Councillor John Chedid
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RESOLVED (Chedid/Wilson)
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13527
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(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.
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NOTE: The Chamber subsequently observed one minute’s silence
as a mark of respect on the passing of Detective Anderson.
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PUBLIC
FORUM
1
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SUBJECT Objection
to Development of Residential Flat Building - 173 Adderton Road, Carlingford
REFERENCE DA/307/2012
FROM Jeff Barker
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“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?”
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13528
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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.”
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2
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SUBJECT Support
for Portals in Lennox Bridge
REFERENCE DA/425/2012
FROM Paul Bowyer
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“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.”
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13529
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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.”
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3
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SUBJECT Development
Application - Alterations to Lennox Bridge
REFERENCE DA/425/2012
FROM Alice Kershaw
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“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.”
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13530
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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.”
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PETITIONS
1
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SUBJECT Objection
to Portals on Lennox Bridge
REFERENCE DA/425/2012
FROM J Bullivant OAM
and others
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RESOLVED (Wilson/Esber)
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13531
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That the petition be received and considered in
conjunction with the Development Application lodged on this issue (Minute No.
13535 refers).
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2
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SUBJECT Parking
in Burrabogee Road (facing Spiriton Place), Pendle Hill
REFERENCE F2010/03230
FROM C J Frost and
others
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RESOLVED (Chowdhury/Esber)
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13532
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(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.
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Reports - Domestic Applications
8.1
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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.
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RESOLVED (Esber/Elmore)
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13533
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(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.
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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.
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8.2
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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.
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RESOLVED (Esber/Abood)
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13534
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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.
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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.
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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.
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Reports - Major Applications
9.1
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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.
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MOTION (Wilson/Esber)
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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.
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FORESHADOWED
MOTION (Lloyd/Garrard)
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(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.
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The motion was put and lost.
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13535
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The foreshadowed motion became the motion and was put and
carried.
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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.
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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.
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9.2
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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.
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RESOLVED (Issa/Lloyd)
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13536
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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.
.
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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.
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9.3
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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.
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RESOLVED (Hugh/Lloyd)
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13537
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(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.
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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.
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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.
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9.4
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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.
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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.
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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.
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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.
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MOTION (Makari/Garrard)
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That
the application be approved subject to standard conditions.
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FORESHADOWED
MOTION (Wearne/Finn)
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(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.
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13539
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The motion was put and carried.
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|
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.
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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.
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|
RESOLVED (Garrard/Issa)
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13540
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(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.
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|
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.
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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.
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|
RESOLVED (Dwyer/Garrard)
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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.
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|
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.
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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.
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|
RESOLVED (Issa/Lloyd)
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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.
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|
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.
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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.
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|
RESOLVED (Esber/Abood)
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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.
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|
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.
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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.
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|
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.
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|
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.
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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.
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|
MOTION (Makari/Lloyd)
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|
(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.
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AMENDMENT (Shaw/Chowdhury)
|
|
That Council set aside 60 seconds at the beginning
of each meeting for quiet reflection.
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|
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.
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Economy and Development
11.1
|
SUBJECT Variations
to Standards under SEPP 1
REFERENCE F2009/00431
- D02584352
REPORT OF Manager
Development and Traffic Services
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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:-
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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.
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|
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.
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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.
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2
|
SUBJECT Seniors
Christmas Party
REFERENCE F2009/01153
FROM Councillor J A
Hugh
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|
|
13550
|
Councillor Hugh congratulated
the Lord Mayor on the success of the Seniors Christmas Parties which had been
much enjoyed by all attendees.
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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.
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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