MINUTES OF BURWOOD COUNCIL MEETINGS18 NOVEMBER 2013
Burwood Council Meetings
MINUTES OF THE MEETING OF THE COUNCIL OF BURWOODheld at the Council Chamber, Suite 1, Level 2, 1-17 Elsie Street, Burwood on Monday, 18 November 2013 commencing at6.02pm.
ATTENDANCECouncillor Sally Deans
Councillor John Faker(Mayor)
Councillor Lesley Furneaux-Cook
Councillor George Mannah
Councillor Justin Taunton
Councillor Ernest Wong
Mr M McMahon, General Manager
Mr I McCallum, Deputy General Manager Corporate, Governance & Community
Mr B Macdonnell, Deputy General ManagerLand, Infrastructure & Environment
Mr T Briscese, Executive Manager
Mr W Armitage, Chief Finance Officer
Mr J Inglese, Senior Manager Assets and Design
Mr B Olsen, ManagerBuilding and Development
Mr B Mortimer, Manager Organisation Development
Ms P Viney, Governance Co-ordinator
OPENING OF MEETING BY THE MAYOR
The Mayor opened the meeting with a prayer.
OPEN FORUM
There was no business for this item.
Apologies168/13 / RESOLVED(Carried Unanimously)
That an apology be granted to Councillor Tony Doueihi.
(Moved Councillor Ernest Wong/Seconded Councillor Justin Taunton)
DECLARATIONS OF INTEREST
Councillor John Faker declared a conflict of interest on Item No. 99/13 Outdoor Eating Area – No. 61 Georges River Road, CroydonPark as a relative owns a town house across the road.
Councillor Lesley Furneaux-Cookdeclared a non-pecuniary less than significant conflict of interest onItem No. RC6/13Burwood Local Traffic Committee Minutes – 7 November 2013 as it affects her street.
DECLARATIONS OF POLITICAL INTEREST
There were no declarations of political interests by Councillors.
Confirmation of Minutes169/13 / RESOLVED(Carried Unanimously)
That the minutes of the meeting of theCouncil of Burwood held on Monday, 21 October 2013, as circulated, be confirmed and signed as a true record of the proceeding of the meeting.
(Moved Councillor Ernest Wong /Seconded Councillor Lesley Furneaux-Cook)
Address by the Public on Agenda Items
NameAg / ItemMs Jacqui Austin / (ITEM 96/13) 94-96 Shaftesbury Road Burwood - Burwood RSL Club - Extension of trading hours and construction of 2 traffic blisters in Clifton Avenue
Mr Andrew Anderson / (ITEM 96/13) 94-96 Shaftesbury Road Burwood - Burwood RSL Club - Extension of trading hours and construction of 2 traffic blisters in Clifton Avenue
Mr Charles Raneri / (ITEM 96/13) 94-96 Shaftesbury Road Burwood - Burwood RSL Club - Extension of trading hours and construction of 2 traffic blisters in Clifton Avenue
Ms Eva Habijanel / (ITEM 96/13) 94-96 Shaftesbury Road Burwood - Burwood RSL Club - Extension of trading hours and construction of 2 traffic blisters in Clifton Avenue
Mr Tony Rogers / (ITEM 96/13) 94-96 Shaftesbury Road Burwood - Burwood RSL Club - Extension of trading hours and construction of 2 traffic blisters in Clifton Avenue
Mr Peter Bobbin / (ITEM 96/13) 94-96 Shaftesbury Road Burwood - Burwood RSL Club - Extension of trading hours and construction of 2 traffic blisters in Clifton Avenue
Mr Jim Tsirimiagos / (ITEM 97/13) 22-24 Grosvenor Street Croydon DA 82/2013 - Demolition of existing dwelling houses and construction of an eight storey residential flat building containing 17 x 1 bedroom units and 23 x 2 bedroom units above basement car parking
Ms Farady McRae / (ITEM 97/13) 22-24 Grosvenor Street Croydon DA 82/2013 - Demolition of existing dwelling houses and construction of an eight storey residential flat building containing 17 x 1 bedroom units and 23 x 2 bedroom units above basement car parking
Mr David Wang / (ITEM 97/13) 22-24 Grosvenor Street Croydon DA 82/2013 - Demolition of existing dwelling houses and construction of an eight storey residential flat building containing 17 x 1 bedroom units and 23 x 2 bedroom units above basement car parking
Ms Guo Min Zhang / (ITEM 97/13) 22-24 Grosvenor Street Croydon DA 82/2013 - Demolition of existing dwelling houses and construction of an eight storey residential flat building containing 17 x 1 bedroom units and 23 x 2 bedroom units above basement car parking
Ms Nai Yah Yao / (ITEM 97/13) 22-24 Grosvenor Street Croydon DA 82/2013 - Demolition of existing dwelling houses and construction of an eight storey residential flat building containing 17 x 1 bedroom units and 23 x 2 bedroom units above basement car parking
Mr Peter Stromacy / (ITEM 97/13) 22-24 Grosvenor Street Croydon DA 82/2013 - Demolition of existing dwelling houses and construction of an eight storey residential flat building containing 17 x 1 bedroom units and 23 x 2 bedroom units above basement car parking
Ms Margo Delaney / (ITEM 97/13) 22-24 Grosvenor Street Croydon DA 82/2013 - Demolition of existing dwelling houses and construction of an eight storey residential flat building containing 17 x 1 bedroom units and 23 x 2 bedroom units above basement car parking
Ms Louise Perkins / (ITEM 97/13) 22-24 Grosvenor Street Croydon DA 82/2013 - Demolition of existing dwelling houses and construction of an eight storey residential flat building containing 17 x 1 bedroom units and 23 x 2 bedroom units above basement car parking
Ms Dawn Turnbull / (ITEM 97/13) 22-24 Grosvenor Street Croydon DA 82/2013 - Demolition of existing dwelling houses and construction of an eight storey residential flat building containing 17 x 1 bedroom units and 23 x 2 bedroom units above basement car parking
Mr Rob De Franco / (ITEM 97/13) 22-24 Grosvenor Street Croydon DA 82/2013 - Demolition of existing dwelling houses and construction of an eight storey residential flat building containing 17 x 1 bedroom units and 23 x 2 bedroom units above basement car parking
Mr Elie Sleiman / (ITEM 99/13) Outdoor Eating application - No. 61 Georges River Road Croydon Park
Ms Paris Emsis / (ITEM 99/13) Outdoor Eating application - No. 61 Georges River Road Croydon Park
Councillor Lesley Furneaux-Cook left the meeting at 6:05pm
Reports of Committees
(ITEM RC6/13) Burwood Local Traffic Committee Minutes - 7 November 2013File No: 13/44438
Summary
Attached are the Minutes of theBurwood Local Traffic Committee Meetingfrom its meeting of7 November 2013. The Minutes are hereby submitted to the Ordinary Council Meeting for consideration and adoption by Council.
170/13 / RESOVLED (Carried Unanimously)
That the minutes of the Burwood Local Traffic Committee Meeting of 7 November 2013 be noted and the recommendations of the Committee as detailed below be adopted as a resolution of the Council.
(ITEM T.28/13) On-Street Parking Management Following the Closure of the Belmore Street Car Park
Recommendation
That Council approves the parking management plan for the relocation of parking meters within the Belmore Street, Conder Street and Wynne Avenue Car Parks to on-street locations in Conder Street, Livingstone Street and Clarence Street.
(ITEM T.29/13) Boronia Avenue, Croydon - Parking Restrictions
Recommendations
- That Council approve the installation of ‘No Parking 6am – 4pm Monday to Friday 6am – 12pm Saturday restrictions on the northern side of Boronia Avenue Croydon, for a length of 25m.
- That Councilsurveythe residents of Boronia Avenueand Brighton Street, Croydon for a possible implementation of a temporary resident parking scheme while the construction of the Catholic Health Care Centre is undertaken.
(ITEM T.30/13) Clarendon Place - Proposed No Parking & Loading Zone Restrictions
Recommendations
1.That Council approves the implementation of a 90.0m NO PARKING zone along the south-eastern section of Clarendon Place Burwood, as per the attached plan.
2.That Council approves the implementation of a 12.0m LOADING ZONE along the south-western section of Clarendon Place Burwood, as per the attached plan.
3.That Council approves all associated NO PARKING and LOADING ZONE signage to be installed as per current Australian Standards in Clarendon Place Burwood.
(ITEM T.31/13) Belgrave Street, Burwood - Parking Restrictions
Recommendations
1.That Council approve the installation of 4P Parking 8am – 6pm Monday to Friday, 8am – 1pm Saturday permit Holders Excepted Area 8 to the northern side of Belgrave Street Burwood.
2.That Council removes the existing 4P parking restrictions on the southern side of Belgrave Street in front of Jacket Reserve.
(ITEM T.32/13) 3 Wyatt Avenue, Burwood - Request for disabled parking space
Recommendation
That Council approve the installation of a disabled parking space (on-street) in front of 3 Wyatt Avenue, Burwood.
(ITEM T.33/13) DATES FOR 2014 BURWOOD LOCAL TRAFFIC COMMITTEE MEETINGS
Recommendation
That the following dates be adopted for the 2014 Burwood Local Traffic Committee Meeting.
February / Thursday, February 6 2014
March / Thursday, March 6 2014
April / Thursday, April 3 2014
May / Thursday, May 1 2014
June / Thursday, June 5 2014
July / Thursday, July 3 2014
August / Thursday, August 7 2014
September / Thursday, September 4 2014
October / Thursday, October 2 2014
November / Thursday, November 6 2014
(Moved Councillor Sally Deans/Seconded Councillor George Mannah)
Councillor Lesley Furneaux-Cook returned to the meeting at 6:07pm
General Business
(ITEM 96/13) 94-96 Shaftesbury Road Burwood - Burwood RSL Club - Extension of trading hours and construction of 2 traffic blisters in Clifton AvenueFile No: 13/42625
Applicant:CDR Design Pty Ltd
Location:North eastern corner of Shaftesbury Rd & Clifton Ave Burwood
Zoning:R2 Low Density Residential pursuant to Burwood Local Environmental Plan 2012 (BLEP 2012)
Proposal
An application for an extension of trading hours for the Burwood RSL club and the construction of 2 traffic blisters in Clifton Avenue.
The club current hours of operation are:
Sunday to Thursday: 9am to 12 Midnight
Friday and Saturday 9am to 3am
The proposed hours of operation are:
Monday and Tuesday 9am to 12 Midnight
Wednesday to Sunday 9am to 3am
The application also proposes to construct a landscaped concrete blister in the current “No Stopping” zones on each corner of Clifton Avenue where it intersects with Shaftesbury Road. The intent of the landscaped blisters are to prevent parking in the “No Stopping” zones which currently occurs after hours and creates issues with traffic sightlines for vehicles entering and exiting Clifton Avenue to and from Shaftesbury Road.
171/13 / RESOLVED(Carried)
That DA 75/2013 which proposes the extension of trading hours at Burwood RSL to Sunday Wednesday and Thursday nights to 3am next day and the construction of 2 parking blisters in Clifton Avenue be approved subject to the following conditions:
The development being carried out in accordance with the plans and documentation submitted on 19 June 2013 and additional information submitted to Council on 13 September 2013, except where amended by the conditions of consent.
The 2 parking blisters in Clifton Avenue are not part of this consent and are deleted.
PLANNING
- This consent for extended trading hours is for a period of 12 months only from the date of this consent. If the applicant wishes to continue the extended trading hours after that time it will be necessary for a further application to be lodged to Council for consideration prior to the expiration of the 12 month period.
- The club shall implement the proposed additional security measures as specified in a letter from CDR design dated 12 September 2013 whenever the extended trading hours are in operation.
- Noise emissions from the premises shall not be audible within any habitable room in any residence between the hours of 12 midnight and 7am.
- The club is to record all complaints made by persons regarding activities of the club, particularly in relation to issues within the extended trading hours period in a register and such register be made available to the Police and Council at all times.
- Access to and from the entry foyer of the premises from 11pm to 3 am shall only be via the basement car park.
- All entertainment at the premises shall cease by 12 midnight and there shall be no patrons in the CliftonGarden area of the club after 12 midnight.
Councillors Lesley Furneaux-Cook and Ernest Wong called for a DIVISION.
The DIVISION was taken and the names of the Councillors voting FOR and AGAINST were as follows:
FOR / AGAINSTCouncillor Wong / Councillor Furneaux-Cook
Councillor Deans / Councillor Taunton
Councillor Faker
Councillor Mannah
Total (4) / Total (2)
(ITEM 97/13) 22-24 Grosvenor Street Croydon DA 82/2013 - Demolition of existing dwelling houses and construction of an eight storey residential flat builiding containing 17 x 1 bedroom units and 23 x 2 bedroom units above basement car parking
File No: 13/43250
Applicant:Tim Allison Associates Pty Ltd
Location:Southern side of Grosvenor Street near intersection with Webb St/ Albert Crescent
Zoning:R1 General Residential – BLEP 2012
Proposal
The proposal involves the demolition of two existing dwelling houses and construction of an eight storey residential flat building containing 17 x 1 bedroom dwellings (one with a large “amenities room”) and 23 x 2 bedroom dwellings (40 dwellings in total) over three levels of basement car parking comprising 48 spaces. Twenty four of the dwellings are two-level units. All of the dwellings have one or two balconies/external areas.
172/13 / RESOLVED(Carried)
- That DA 82/2013 that proposes an eight storey residential flat building containing 17 x 1 bedroom and 23 x 2 bedroom apartments be refused as:
- Building height – the proposed building exceeds the maximum limit (26m) established in the BLEP 2012, by 0.5m to 1.0m and that applicant’s request under Clause 4.6 of the BLEP 2012 for a departure from this development standard is not considered adequate as:
- The proposed height is not sympathetic to the existing form and height of buildings in the immediate locality
- Insufficient environmental planning grounds have been given justify contravening the development standard
- there are no sound reasons for not reducing the building height to achieve compliance
- The proposed development does not comply with the setback requirements of the BDCP 2013 as follows:
- The setback to a section of road frontage at the intersection of Grosvenor St, Webb Street and Albert Crescent is 1.7m, compared to the requirement of 6m
- The setback to the eastern boundary is a minimum of 2m over a 12m length for the full height of the building, compared to a requirement for 5m minimum up to 12m height then additional 3m above 12m height
- The setback to the western boundary to the park ranges from 100mm to 2m, compared to the abovementioned standards
- Building separation from the existing residential flat building located on the land to the east is considered inadequate, and will have an adverse impact upon the habitable rooms and balconies located on the western façade of the adjoining building to the east at 16-20 Grosvenor Street Croydon.
- The development proposes a communal open space provision of 14% of the site and some dimensions of the open space are less than 6m, compared to the requirement for 25% of the site area under Burwood DCP.
Councillors Lesley Furneaux-Cook and Ernest Wong called for a DIVISION.
The DIVISION was taken and the names of the Councillors voting FOR and AGAINST were as follows:
FOR / AGAINSTCouncillor Wong / Councillor Furneaux-Cook
Councillor Taunton / Councillor Deans
Councillor Faker
Councillor Mannah
Total (2) / Total (4)
Procedural Motion
173/13 / Resolved (Carried Unanimously)
That Item 99/13 Outdoor Eating Application – No. 61 Georges River Road, CroydonParkbe dealt with next on the Agenda.
(Moved Councillor George Mannah/Seconded Councillor Ernest Wong)
Councillor John Faker left the meeting at 8:15pm as he declared a conflict of interest on Item 99/13 Outdoor Eating Application – No. 61 Georges River Road, CroydonParkas a relative owns a town house across the road.
Councillor Ernest Wong Took the Chair at 8:15pm
(ITEM 99/13) Outdoor Eating application - No. 61 Georges River Road Croydon ParkFile No: 13/45122
Summary
Council has received two Outdoor Eating Applications from the business at No. 61 Georges River Road Croydon Park, for the placement of tables and chairs along Georges River Road and Brighton Street in order to facilitate the business known as Shisha Bar & Grill.
174/13 / RESOLVED(Carried Unanimously)
That Council approve the application for a 12 month trial period for an Outdoor Eating Area for the property at No. 61 Georges River Road limited to a maximum of 4 individual tables with 4 seats each only fronting Brighton Street.
(Moved Councillor Sally Deans/Seconded Councillor Justin Taunton)
Councillor John Faker returned to the meeting at 8:41pm and returned to the Chair
Councillor Ernest Wong left the meeting at 8:41pm
Councillor Justin Taunton left the meeting at 8:42pm
Councillor Justin aunton returned to the meeting at 8:48pm
(ITEM 98/13) 5 Beresford Avenue Croydon Park - Section 82A Review of Council's Refusal of Section 96 Modification No. 071/2011 to convert the existing Double Garage to a Cabana and use Unauthorised Building Work as a Storage RoomFile No: 13/39652
Applicant:Joseph Kizana C/- Kalim Semaan
Location:Western side of Beresford Avenue between Arthur Street and GeorgesRiverRoadCroydonPark
Zoning:R2 Low Density Residential Zone pursuant to the provisions of Burwood Local Environmental Plan (BLEP) 2012.
175/13 / RESOLVED(Carried)
- That the Section 82A Review of the Section 96 Modification Application No. 071/2012 to convert the existing double garage to a cabana and use unauthorised building work as a storage room be approved subject to the following conditions:
- That the Applicant be allowed to have the structure but must have the required set back of 900mm from the rear boundary.
- That the wall is to be demolished to allow for the 900mm setback and the wall must have an opening to allow for access to 900mm setback.
- That a Building Certificate is to be obtained by the Applicant for the unauthorised building work carried out.
Councillors Sally Deans and Justin Taunton called for a DIVISION.
The DIVISION was taken and the names of the Councillors voting FOR and AGAINST were as follows:
FOR / AGAINSTCouncillor Deans / Councillor Furneaux-Cook
Councillor Faker
Councillor Mannah
Councillor Taunton
Total (4) / Total (1)
Mayoral Minute
(ITEM MM25/13) TEMPORARY SUSPENSION OF RESIDENTIAL PARKING SCHEME FOR RELIGIOUS/CULTURAL REQUIREMENTSFile No: 13/45907
Summary
On occasions families in our local area require a temporary suspension of their Residential Parking Schemes to allow for parking relief whilst they assemble in the family home to grieve the loss of a loved one.
The current parking restrictions in place sometimes create issues around this most difficult time and I would like an investigation into whether Council can temporarily suspend a Residential Parking Scheme for periods of up to three days to accommodate the grieving relatives’ parking needs.
176/13 / RESOVLED (Carried Unanimously)
The General Manager investigate the temporary suspension of the Residential Parking Scheme for religious/cultural purposes and report back to Council on the outcome of that investigation.
(ITEM 100/13) Adoption of the Revised Street Tree Management Strategy
File No: 13/41326
Summary
Council’s Street Tree Management Strategy (STMS) Volumes 1 and 2 were adopted 4 May 2004 (Minute No. 28/04) and have been used by Council ever since. Volume 1 of the STMS was recently reviewed by Council staff to include current industry best practice, controls, policies and statutory requirements. This Report provides Council with a summary of the review process and details the amendments made to the STMS. This report also seeks Council’s adoption of the revised STMS.