MINUTES OF BURWOOD COUNCIL MEETINGS 4 DECEMBER 2012

Burwood Council Meeting

MINUTES OF THE MEETING OF THE COUNCIL OF BURWOOD held at the Council Chamber, Suite 1, Level 2, 1-17 Elsie Street, Burwood on Tuesday, 4 December 2012 commencing at 6.05pm.

ATTENDANCE Councillor Sally Deans

Councillor John Faker (Mayor)

Councillor Lesley Furneaux-Cook

Councillor George Mannah

Councillor Justin Taunton

Councillor Ernest Wong (Deputy Mayor)

Mr M McMahon, General Manager

Ms V Lee, Deputy General Manager Corporate, Governance & Community

Mr B Macdonnell, Deputy General Manager Land, Infrastructure & Environment

Mr T Briscese, Executive Manager

Mr W Armitage, Chief Finance Officer

Mr B Mortimer, Manager Organisational Development

Mr J Inglese, Senior Manager Assets & Design

Mr S Fox, Senior Manager Community & Library Services

Ms D Luo, Manager Strategic Planning

Mr H Gavrilis, Manager Environment & Health

Mr B Olsen, Manager Building & Development

Mr A Sonego, Acting Media & Communications Co-ordinator

Ms P Viney, Governance Co-ordinator

Ms Y Tome, Governance Officer

OPENING OF MEETING BY REVEREND PATOR DILAN JAYASINGHE

Reverend Pator Dilan Jayasinghe from the Burwood Baptist Church opened the meeting with a prayer.

OPEN FORUM

There was no business for this item.

Apologies
186/12 / RESOLVED (Carried Unanimously)
That an apology be granted to Councillor Tony Doueihi.
(Moved Councillor Lesley Furneaux-Cook/Seconded Deputy Mayor Ernest Wong)

DECLARATIONS OF INTEREST

Mayor John Faker declared a pecuniary interest in Item 115/12 Expenditure of Contributions for Parking – Addendum to the Planning Agreements Policy as he owns a property in The Strand. He will remove himself from the meeting.

Mayor John Faker declared a pecuniary interest in Item 116/12 Draft Voluntary Planning Agreement in lieu of visitor parking – No. 3 Wilga Street and 41A & 41B Shaftesbury Road Burwood – Section 96 Modification of DA 204/2011 as the applicant is a relative/family member. He will remove himself from the meeting.

DECLARATIONS OF POLITICAL INTEREST

There were no declarations of political interests by Councillors.

Confirmation of Minutes
187/12 / RESOLVED (Carried Unanimously)
That the minutes of the meeting of the Council of Burwood held on Tuesday, 20 November 2012, as circulated, be confirmed and signed as a true record of the proceeding of the meeting.
(Moved Councillor Lesley Furneaux-Cook/Seconded Deputy Mayor Ernest Wong)

Councillor Justin Taunton arrived at the meeting at 6.10pm

(ITEM MM33/12) AUSTRALIA DAY 2013 CELEBRATIONS
Summary
Over the past two weeks I have held discussions with the General Manager regarding the holding of next year’s Australia Day celebrations at Henley Park.
It is proposed to commence the celebrations at 9.30am which will include a Citizenship Ceremony, Aussie Barbecue, Children’s Face Painting, Aboriginal Dance and Smoking Ceremony and free balloons for children.
We are hosting the event at Henley Park to stretch our events across the LGA and to recognise our new Water Play facility at the Enfield Aquatic Centre and the opening of our Henley Park Café.
To commemorate Australia Day, I propose to hold an Open Day at the Enfield Aquatic Centre on 26 January 2013 free of charge. I believe that this will recognise the importance of Australia Day to our community and promote our new Water Play facility and the many other attractions at the Enfield Aquatic Centre on offer.
I am also hoping that the new Henley Park Café will be open and will allow our residents and visitors to enjoy the many delights available at this café whilst enjoying the ambience of the Aquatic Centre and nearby Australia Day 2013 activities.
188/12 / RESOLVED (Carried Unanimously)
1. That Council supports the Open Day at the Enfield Aquatic Centre on 26 January 2013, free of charge as part of our Australia Day 2013 activities to allow our residents, new citizens and their families the opportunity to enjoy our many fabulous attractions.
2. That Council waive the normal Entrance Fees for the Enfield Aquatic Centre on 26 January 2013.
3. That Council supports the naming of the café as the “Henley Park Café”.
(ITEM MM34/12) 1 RAILWAY PARADE, BURWOOD – BUILDING UNDER CONSTRUCTION – EXTERNAL FINISHES
Summary
I have witnessed with some concern the construction of the development at No. 1 Railway Parade Burwood. The development was approved before the making of the Burwood Town Centre LEP 2010 by the Land & Environment Court of NSW after having been refused by Council and the Burwood Town Centre Planning Panel. My main concern is that the external finishes of the building may not be in accordance with the plans approved by the Court.
I am aware that Council is not the Principal Certifying Authority for this development and that staff have raised the issue of the external finishes with the Architects for the development. The Architects have advised that the building is not yet completed and is still in an unfinished state. However, if we wait until the building is completed and then raise this issue it may be too late.
In order to ensure that an urban design outcome as envisioned by the Court is achieved, I believe that Council should engage urban design consultants to assess the external façade and finishes of the building and provide advice as to the level of compliance with the plans as approved by the Land & Environment Court of NSW. I believe that this assessment should be undertaken as soon as possible.
189/12 / RESOLVED (Carried Unanimously)
1.  That Council engage suitable urban design consultants to carry out an assessment of the external façade and finishes of the development at No. 1 Railway Parade Burwood and provide advice to Council as to the level of compliance with the plans as approved by the Land & Environment Court of NSW.
2.  That Council prepare DL sized cards for distribution to the Community and organise a sign to be placed on Railway Parade advising of “Who approved the Development” to assist the Community to voice their concerns to the appropriate authority.
(ITEM MM35/12) TANGARRA STREET RESERVE
Summary
Recently I meet with Residents adjoining the Council owned property bounded by Tangarra and Stanley Streets Croydon Park (the parcel of land which includes the canal).
Residents expressed concerns with the zoning of this parcel of land due to it being flood prone with a canal and in recent years has had high water levels after heavy rains.
190/12 / RESOLVED (Carried Unanimously)
That Council undertake the following review:
1.  Determine whether the land is affected by flooding and if so investigate having this parcel of property zoned open space.
2.  Determine whether the properties fronting Rawson Street have the opportunity to re-purchase the area of land behind them (this was acquired by Council many years ago when the area was to be used for open space – approx 50sqm)
This would allow an increase in future open space in the Burwood Local Government area. It will also allow for future Section 94 funds from any future development at the Burwood Council depot.
(ITEM MM36/12) DOG ATTACK AT GEORGE STREET, BURWOOD HEIGHTS
Summary
Recently Councillors received emails regarding three dog attacks from a property located in Burwood Heights. It is alleged that the same dog was involved in all three attacks.
What legal role does Council have in relation to declaring the dog dangerous and having it impounded after three attacks.
Has Council obtained legal advice as to the recovery of personal costs to those that have been attacked and under the Companion Animals Act does Council have a role in the recovery of those costs.
191/12 / RESOLVED (Carried Unanimously)
That the General Manager prepare a memo to Councillors investigating these issues and any other issues raised in the letters received from Mr Rob Le Andrews and Mr Sam Donni and for Council to seek legal advice in relation to cost recovery as part of the review.
(ITEM MM37/12) ZEBRA CROSSING ALONG MERYLA STREET (INTERSECTION WITH BURWOOD ROAD)
192/12 / RESOLVED (Carried Unanimously)
That the General Manager prepare a report on whether the zebra crossing at the intersection of Meryla Street and Burwood Road needs to be a marked pedestrian crossing and can the No Stopping signs be removed and parking re-installed in this location.

Address by the Public on Agenda Items

Name Ag / Item
Ms Maria Brak
47A Wentworth Road
Strathfield / Item 112/12 No. 3-5 Everton Road, Strathfield (Strathfield Private Hospital) – Alterations and additions for new operating theatres, associated recovery ward and facilities – Development Application No. 12/2012
Mr Chris Wilson
Mackenzie Group Planning / Item 112/12 No. 3-5 Everton Road, Strathfield (Strathfield Private Hospital) – Alterations and additions for new operating theatres, associated recovery ward and facilities – Development Application No. 12/2012
Mr Damien Habijanec
83 Shaftesbury Road
Burwood / Item 113/12 Permit Parking Scheme Request for Inclusion

General Business

(ITEM 112/12) No. 3-5 Everton Road, Strathfield (Strathfield Private Hospital) - Alterations and additions for new operating theatres, associated recovery ward and facilities - Development Application No. 123/2012
File No: 12/49648
Applicant: HCA (Australia) Pty Ltd
Location: Northern side of Everton Road, between Wentworth Road and Mosely Street.
Zoning: General Residential R1 – Burwood Local Environmental Plan (BLEP) 2012
Previously Residential 2(c1) – Burwood Planning Scheme Ordinance (BPSO) 1979
(Located within draft Planning Proposal (Item 4) area bounded by Cowdery Lane, Wentworth Road and railway line.)
Proposal
The alterations and additions to the hospital involve two additional new operating theatres, control rooms, nurse’s stations, a recovery room for 12 beds and associated amenity and facility rooms. The additions are located over the existing two storey eastern portion of the hospital. The new theatres would include new technologies, which necessitate an increase in the size of operating theatres and enhance the hospital with new surgical facilities. The hospital currently operates on a 24 hour basis, 7 days a week, and there will be no increase in staff numbers or the number of patient beds.
The proposed second floor additions have a floor area of 425.2m², an overall length of 28.9m, width of 12.45m and is setback 5.015m from the eastern boundary. The existing ground and first floor levels have a building setback which varies between 3.06m and 3.5m from the eastern boundary. The height of the roof ridge is raised by 2.6m (lower section) and 4.1m (rear section) over the new theatres. An elevated plant platform, located at the rear off Cowdery Lane, is setback an average of 1.35m from the eastern boundary with No. 47A Wentworth Road.
193/12 / RESOLVED (Carried Unanimously)
A. That Council is satisfied that the SEPP 1 Objection to the maximum FSR of Clause 55 – BPSO 1979 is well founded, is consistent with the aims of the State Policy, that the application of the development standards is unnecessary and unreasonable in this instance, and the variation does not raise any matter of significance for State or regional environmental planning.
B. That DA 123/2012 for alterations and additions to the existing Strathfield Private Hospital No. 3-5 Everton Road Strathfield, consisting of new operating theatres, recovery room, associated amenities and facilities, be approved as follows, including the tabled amendments in the memorandum of 4 December 2012 submitted by Mr Chris Wilson of McKenzie Group Consulting on behalf of HCA (Australia) Pty Ltd:
Conditions of Approval
(1) The development being carried out in accordance with the following plans submitted on 9 October 2012, except where amended by the conditions of consent:
(a) Architectural Plans Drawing Nos. DA-01, DA-02, DA-06, Revision A, dated 4.10.2012 and Nos. DA-03, DA-04, DA-05, DA-07, DA-08 and DA-09 Revision B dated 21.11.2012, prepared by Team 2.
(b) Stormwater Concept Plans Drawing Nos. H1.01 and H1.02, Issue A dated 2.10.2012 and prepared by Acor Consultants Pty Ltd.
(c) Landscape Plan Drawing No 101, Issue A dated 4.10.2012 and prepared by Arcadia Landscape Architecture.
FEES
(1) The fees and/or bonds shown in the Table of Fees, are to be paid to Council or another approved collection agency (the Long Service Levy Corporation and its agents and an approved insurer) and suitable evidence of payment is to be provided to the Principal Certifying Authority prior to the issuing of a Construction Certificate.
TABLE OF FEES
FEES/BONDS TO BE PAID TO COUNCIL OR TO THE NOMINATED BODY PRIOR TO ISSUING A CONSTRUCTION CERTIFICATE
(1) Building and Construction Industry Long Service Corporation Levy $16,450.00
(Payment to be made to Council, the Corporation or its Agent)
(2) Damage Deposit - security deposit against damage occurring to Council's assets (footpath, road, stormwater drainage system, kerb and gutter, etc) during building work $20,000.00 (Payment to be made to Council as a bond prior to issue of a Construction Certificate and/or commencement of demolition/bulk excavation)
Note: This deposit is refundable if no damage occurs.
(3) If Council is nominated as the Principal Certifying Authority (PCA) an inspection fee is to be paid.
This fee is for 6 inspections at the rate listed in Council’s current Schedule of Fees and Charges. Any additional inspections, including re-inspections, shall be levied and paid to Council upon booking of an appointment at the rate listed in Council’s current Schedule of Fees and Charges
(Payment to be made to Council).
(4) Pursuant to Section 94A of the Environmental Planning and Assessment Act 1979 and the Section 94A Contributions Plan for the Burwood Local Government Area (Excluding Burwood Town Centre), the following monetary contribution towards public services and amenities is required:
Contribution Element / Contribution
A levy of 1% of the cost of carrying out the development, where the cost calculated and agreed by Council is $4,700,000.00 / $47,000.00
Index Period / June 2012 / CPI1 / 179.9
Office Use: T56
The above contribution will be adjusted at the time of payment. Applicants are advised to contact Council for the adjusted amount immediately prior to arranging payment.
The contribution will be adjusted in accordance with the following formula:
Contribution (at time of payment) = C x CPI2
CPI1
Where:
C: the original contributions amount as shown in the development consent;
CPI2 the Consumer Price Index: All Groups Index for Sydney, for the immediate past quarter (available from the Australian Bureau of Statistics at the time of payment)