Minutes AshfieldOrdinaryCouncilMeeting11December2007

MIN NO MINUTES OF ORDINARY MEETING OF THE COUNCIL OF THE
MUNICIPALITY OF ASHFIELD HELD IN THE COUNCIL

CHAMBERS, LEVEL 3, CIVIC CENTRE, 260 LIVERPOOL ROAD,
ASHFIELD ON TUESDAY 11 DECEMBER 2007, COMMENCING
AT 6.43 PM
PRESENT The Mayor, Councillor Cassidy in the Chair and Councillors Adams,
Bonanno, Dale, Drury, Hawkins, McKenna, Rerceretnam, Stott and
Wangmann.
Councillor Jones attended the meeting at 6.59pm.
Mr K Gainger General Manager

Ms V Chan Director Corporate and Community Services
Mr P Sarin Director Planning and Environment
Mr A Ogle Manager Infrastructure Services
Miss H Tola Senior Administration Officer
ACKNOWLEDGEMENT OF LOCAL INDIGENOUS COMMUNITY
"Let us acknowledge that we are meeting on country for which the members
and elders of the local Indigenous community have been custodians for
many centuries, and on which Aboriginal people have performed age old
ceremonies. We acknowledge their living culture and unique role in the life
of this region."
APOLOGIES/REQUEST FOR LEAVE OF ABSENCE
An apology for lateness was received and accepted from Councillor Jones.
An apology for non-attendance was received and accepted from Councillor

Gartrell.
CONDOLENCE AND SYMPATHY MOTIONS
Councillor Cassidy advised of the passing of the late Ms Janet Hill a

member of the Access Committee.
Councillor Cassidy advised of the tragic death of John Rozatcki an ex-

student of De La Salle Ashfield.
Councillor Stott spoke of Ms Hill a valued member and regular attendee of

the Ashfield Access Committee.
DEATH MS JANET HILL 000145

H:/reports.bp\Council\Reports\CM111207MM_53.doc
MM52/2007 Attached
545/07 RESOLVED Cassidy
That a letter be sent to Mr. Reg Holdsworth expressing Council’s

sympathy accompanied by flowers.
This is Page 1 of the Minutes of the Ordinary Meeting of the Council of the Municipality of Ashfield
held on Tuesday 11 December 2007
MIN NO MINUTES OF ORDINARY COUNCIL MEETING – 11 DECEMBER
2007
TRAGIC DEATH OF JOHN ROZTCKI 000145

MM53/2007 Attached
That a letter be sent to his parents expressing Council’s sincere

sympathy at their son’s tragic death.
DISCLOSURES OF INTEREST
Nil.
SUSPENSION OF STANDING ORDERS
547/07 RESOLVED Stott/Wangmann
That standing orders be suspended to deal with Item CM 10.1. The

time being 6.49pm.
STAFF REPORTS
DEVELOPMENT APPLICATION 10.2006.024.1

244-256 LIVERPOOL ROAD AND 260A LIVERPOOL ROAD
ASHFIELD MALL REDEVELOPMENT. Phil Sarin - Director Planning
and Environment. Report submitted.
(04/12/07) 10.2006.024
h:\reports.bp\Council\Reports\CM111207SR_5.doc
CM 10.1 Attached
That members of the public be permitted to address the meeting.
Mr G Torry 8 Carlisle Street addressed the meeting at 6.50pm and

concluded at 6.56pm.
Ms E Torry 8 Carlisle Street addressed the meeting at 6.56pm and

Mr I Poole JPR Architects addressed the meeting at 6.57pm and concluded

at 7.01pm.
Councillor Jones attended the meeting at 6.59pm.
Mr G Vaccari Ashfield Chamber of Commerce addressed the meeting

at 7.06pm and concluded at 7.12pm.
A motion was moved by Councillor Bonanno seconded Councillor Adams
This is Page 2 of the Minutes of the Ordinary Meeting of the Council of the Municipality of Ashfield held on
Tuesday 11 December 2007
2007
A That the objection pursuant to State Environmental Planning Policy

No. 1 to CLAUSE 17B of the Ashfield Local Environmental Plan 1985
regarding the proposed variation to the maximum floor space ratio as
detailed in the SEPP 1 Objection be supported.
B Development Application 10.2006.024.1 for additional retail floor

space to the existing Ashfield Mall Site at 260A Liverpool Road and
three residential flat buildings and gymnasium, as well as the
demolition and redevelopment of 244-256 Liverpool Road to
accommodate a new entrance into the Mall site, commercial/retail
space, and serviced apartments be approved subject to the satisfaction
of a number of deferred development consent conditions which, when
satisfied, will enable the release of the operation consent as outlined in
the recommendation.
A motion was foreshadowed by Councillor Stott
A That the objection pursuant to State Environmental Planning Policy

No. 1 to CLAUSE 17B of the Ashfield Local Environmental Plan 1985
regarding the proposed variation to the maximum floor space ratio as
detailed in the SEPP 1 Objection is not supported.
B Development Application 10.2006.024.1 for additional retail floor

space to the existing Ashfield Mall Site at 260A Liverpool Road and
three residential flat buildings and gymnasium, as well as the
demolition and redevelopment of 244-256 Liverpool Road to
accommodate a new entrance into the Mall site, commercial/retail
space, and serviced apartments be refused for the following reasons:
1. The proposal is contrary to Clause 2(a) and 2(b) of the LEP in that
the proposed development will not retain and enhance the identity
of Ashfield and promote orderly and economic development due
to the proposed design, bulk and scale of the new buildings which
will result in adverse streetscape and amenity impacts in the
locality.
2. The proposal does not comply with Clause 17(2) of the Ashfield
LEP 1985.
3. The objection to the floor space ratio (Clause 17(2)) of Ashfield

LEP 1985) made under the provisions of State Environmental
Planning Policy No.1 is not well founded.
4. The bulk and scale of the overall development is out of character

with the streetscape and the locality.
5. The proposed traffic generation is considered excessive and will

adversely impact upon the amenity of the locality and traffic safety
on surrounding streets.
2007
6. The proposal does not provide adequate car parking (i.e. not in
accordance with Council's draft DCP which is based on the RTA's
Traffic Generating Guidelines and standards adopted by other
Sydney councils). This will result in unacceptable car parking
overspill into the surrounding area and an increase in traffic
movements in surrounding streets.
7. Inadequate provision of landscaping including appropriately

detailed plans.
8. The proposal represents an overdevelopment of the site.
9. The proposal is not in the public interest.
10. Car park layout and access arrangements in relation to the rooftop
public car park are inadequate in terms of delineating clear
pedestrian paths, general circulation areas and parking spaces for
people with disabilities.
11. Car parking within the building is poorly designed resulting in

unacceptable hazards to pedestrians, conflicts at critical locations
and unacceptable queueing at entry and exit points, does not
comply with AS 2890.1 and Australian Road Rules.
12. The rooftop car parking does not comply with previous consents
and agreements in place for maintenance of 394 public car parking
spaces.
13. Traffic management features such as roundabouts and traffic

management plans have not been submitted for surrounding
streets.
14. The proposal does not demonstrate compliance with existing

rights-of-way and easements with the adjoining Council property
and other adjacent private properties.
15. The application has not demonstrated how safe vehicle and
pedestrian access and fire egress will be preserved during
construction from the subject site and from the adjoining Council
buildings and public car park.
16. The proposed public access lifts obstruct Council’s western egress
from the basement car park to and from Knox Street.
17. The proposal impinges upon the adjoining properties fronting

Liverpool Road (Building A) which currently have access
entitlements over this land.
18. The proposal does not comply with Department of Environment and
Climate Change model code for waste management for Multi Unit
Dwellings (MUD’s).
2007
19. The proposal does not provide separate arrangements for loading
facilities for the residential flat buildings.
20. The proposal does not provide existing and proposed retail areas with an
appropriate goods delivery corridor.
21. The proposal does not provide an acceptable street façade on the
land at 244-256 Liverpool Road in that the street façade is not
consistent with the existing street façade height along Liverpool
Road. In this regard the street façade for 244-256 Liverpool Road
does not provide for a setback of a minimum of 5m for the façade
above a two-storey element at the street alignment.
22. The proposal does not provide direct access from private car
parking areas to Buildings A, B and C, thereby resulting in
unacceptable use of public car spaces and increased pressure on
street parking.
23. Inadequate provision for open space and recreational facilities.
24. The location of the two required accessible taxi ranks on Liverpool
Road and Knox Street have not been identified.
25. No provision has been made for accessible bus stops for
community buses and public transport to service the Centre.
26. Does not comply with the principles for Universal Housing
required in the 2007 Access and Mobility DCP.
27. No windows in the kitchens and bathrooms of the apartments

result in lack of cross-ventilation and light and therefore
necessitates over-reliance of electricity.
28. No telecommunications towers on the roof.
An amendment to the foreshadowed motion was moved by Councillor

Wangmann
That the following items be added to the reasons for refusal:
That the proposal does not demonstrate evidence that the foundations
can support buildings B and C.
The proposal does note demonstrate sufficient sustainability and

environmental design for the units within the 4 towers (in accordance
with DCP 2007 D2).
The amendment to the foreshadowed motion was accepted by the

mover.
2007
An amendment was moved by Councillor Drury
To delete the existing deferred commencement condition 2 (on page 79

in our hard copy) and replace it with
2. Access and Traffic Management around the Mall Block
The applicant and Council jointly commission a new independent

report that develops a range of options to address the real and
perceived traffic issues associated with this development as a major
part of the Ashfield Town Centre. That both parties jointly approach
the Minister for Roads to urge the involvement of the RTA as the third
party in this process. The cost of the report is to be borne by the
applicant.
The report is to examine the following:

the performance of all existing entry/exit points to the Mall and road
junctions at Liverpool/Holden, Holden/Norton, Norton/Knox and
Knox/Liverpool and the impact of the proposed development upon
these exit/entry points and road junctions.
opportunities to improve traffic flow and reduce queuing at these
access points and road junctions including recommendations for road
works and signalisation changes and enhancements.
This report should clearly delineate the relative responsibilities of each

of the parties in addressing these issues. This report will be separately
considered by Council after consultation with Ashfield residents
(especially those in the notification zone). Once a final decision has
been made by Council on the works required to be undertaken by each
respective party these works will be undertaken in accordance with an
agreed works schedule. As a result of this decision additional
conditions may be included in the operational consent.
Reason for condition: Noting that, in spite of the work already done
and the proximity of the site to major public transport routes, there
remains significant community concern about the potential for this
development to exacerbate the existing traffic problems in the Ashfield
Town Centre.
The amendment was accepted by the mover.
549/07 RESOLVED Cassidy/Stott
Mr F Smith JDR Architects addressed the meeting at 8.29pm and

The motion (Bonanno/Adams)was lost.
A division was called and voting was as follows:-

2007
For the motion
Councillors Bonanno, Adams, McKenna and Drury.
Against the motion
Councillors Hawkins, Jones, Stott, Wangmann, Dale, Rerceretnam and

Cassidy.
A That the objection pursuant to State Environmental Planning

Policy No. 1 to CLAUSE 17B of the Ashfield Local
Environmental Plan 1985 regarding the proposed variation to
the maximum floor space ratio as detailed in the SEPP 1
Objection is not supported.
B Development Application 10.2006.024.1 for additional retail

floor space to the existing Ashfield Mall Site at 260A Liverpool
Road and three residential flat buildings and gymnasium, as
well as the demolition and redevelopment of 244-256 Liverpool
Road to accommodate a new entrance into the Mall site,
commercial/retail space, and serviced apartments be refused
for the following reasons:
1. The proposal is contrary to Clause 2(a) and 2(b) of the

LEP in that the proposed development will not retain and
enhance the identity of Ashfield and promote orderly and
economic development due to the proposed design, bulk
and scale of the new buildings which will result in adverse
streetscape and amenity impacts in the locality.
2. The proposal does not comply with Clause 17(2) of the

Ashfield LEP 1985.
3. The objection to the floor space ratio (Clause 17(2)) of

Ashfield LEP 1985) made under the provisions of State
Environmental Planning Policy No.1 is not well founded.
4. The bulk and scale of the overall development is out of

character with the streetscape and the locality.
5. The proposed traffic generation is considered excessive and

will adversely impact upon the amenity of the locality and
traffic safety on surrounding streets.
6. The proposal does not provide adequate car parking (i.e.

not in accordance with Council's draft DCP which is based
on the RTA's Traffic Generating Guidelines and standards
2007
adopted by other Sydney councils). This will result in

unacceptable car parking overspill into the surrounding
area and an increase in traffic movements in surrounding
streets.
7. Inadequate provision of landscaping including

appropriately detailed plans.
8. The proposal represents an overdevelopment of the site.
9. The proposal is not in the public interest.
10. Car park layout and access arrangements in relation to the

rooftop public car park are inadequate in terms of
delineating clear pedestrian paths, general circulation
areas and parking spaces for people with disabilities.
11. Car parking within the building is poorly designed

resulting in unacceptable hazards to pedestrians, conflicts
at critical locations and unacceptable queuing at entry and
exit points, does not comply with AS 2890.1 and Australian
Road Rules.
12. The rooftop car parking does not comply with previous
consents and agreements in place for maintenance of 394
public car parking spaces.
13. Traffic management features such as roundabouts and

traffic management plans have not been submitted for
surrounding streets.
14. The proposal does not demonstrate compliance with

existing rights-of-way and easements with the adjoining
Council property and other adjacent private properties.
15. The application has not demonstrated how safe vehicle and
pedestrian access and fire egress will be preserved during
construction from the subject site and from the adjoining
Council buildings and public car park.
16. The proposed public access lifts obstruct Council’s western

egress from the basement car park to and from Knox
Street.
17. The proposal impinges upon the adjoining properties

fronting Liverpool Road (Building A) which currently have
access entitlements over this land.
18. The proposal does not comply with Department of

Environment and Climate Change model code for waste
management for Multi Unit Dwellings (MUD’s).
2007
19. The proposal does not provide separate arrangements for

loading facilities for the residential flat buildings.
20. The proposal does not provide existing and proposed retail
areas with an appropriate goods delivery corridor.
21. The proposal does not provide an acceptable street façade

on the land at 244-256 Liverpool Road in that the street
façade is not consistent with the existing street façade
height along Liverpool Road. In this regard the street
façade for 244-256 Liverpool Road does not provide for a
setback of a minimum of 5m for the façade above a two-
storey element at the street alignment.
22. The proposal does not provide direct access from private
car parking areas to Buildings A, B and C, thereby
resulting in unacceptable use of public car spaces and
increased pressure on street parking.
23. Inadequate provision for open space and recreational

facilities.
24. The location of the two required accessible taxi ranks on

Liverpool Road and Knox Street have not been identified.
25. No provision has been made for accessible bus stops for
community buses and public transport to service the
Centre.
26. Does not comply with the principles for Universal Housing
required in the 2007 Access and Mobility DCP.
27. No windows in the kitchens and bathrooms of the

apartments result in lack of ventilation and light and
therefore necessitates over-reliance of electricity.
28. The proposal should not permit telecommunications

equipment on the roof.
29. That the proposal does not demonstrate evidence that the
foundations can support buildings B and C.
30. The proposal does note demonstrate sufficient

sustainability and environmental design for the units
within the 4 towers (in accordance with DCP 2007 D2).
A division was called and voting was as follows:
For the motion
2007
Councillors Hawkins, Jones, Stott, Wangmann, Dale, Rerceretnam

and Cassidy.
Against the motion
Councillors Bonanno, Adams, McKenna and Drury.
ADJOUNRNMENT OF THE MEETING
The meeting was adjourned for a period of 5 minutes to revert the

meeting to the Council Chambers. The time being 8.43pm.
RESUMPTION OF THE MEETING
The meeting was resumed at 8.55pm. At time of resumption

Councillors Hawkins, Jones, Wangmann, Stott, Adams, Dale,
McKenna, Rerceretnam, Drury and Cassidy were present.
SUSPENSION OF STANDING ORDERS
551/07 RESOLVED Adams/Stott
That standing orders be suspended to deal with Items CM 10.2,

The time being 8.56pm.
STAFF REPORTS
SECTION 96 - DEVELOPMENT APPLICATION 10.2002.357.4

14 ANTHONY STREET, CROYDON. Phil Sarin – Director Planning
and Environment. Report submitted with attachments 1 to 3.
(04/12/07) 10.2002.357
CM 10.2 Attached
Mr P Macarounas 23 Dougan Street Connells Point addressed the

meeting at 8.59pm and concluded at 9.03pm.
Ms A Della Putta 26 Fangala Road Concord West addressed the

meeting at 9.08pm and concluded at 9.15pm.
Ms M Salmon 23 Fernhill Street Hurlstone Park addressed the meeting

at 9.15pm and concluded at 9.27pm.
2007
Ms C Buckingham 6 Gibbs Street Croydon addressed the meeting at

9.28pm and concluded at 9.36pm.
Mr M Fullerton 6 Gibbs Street Croydon addressed the meeting at

Ms J Boots 17 Anthony Street Croydon addressed the meeting at

Mr R Groves 51 Edwin Street South Croydon addressed the meeting at

Mr T Lee 10 Gibbs Street Croydon addressed the meeting at 9.57pm

and concluded at 9.59pm.
Ms O Regaglia 19 Anthony Street Croydon addressed the meeting at

Mr G Deane Noel Ridley Smith Architects addressed the meeting at

Mr K Smith PLC Project Manager addressed the meeting at 10.18pm

and concluded at 10.22pm.
Mr C Young Consultant Town Planner addressed the meeting at

A motion was moved by Councillor Stott seconded Councillor Jones
1/2 That Council refuse the Section 96 Development Application

10.2002.357.4 and Council maintain adherence to the 2003
approval conditions.
2/2 That students and staff who live on the site be given permission
to use the pool only for recreational purposes on Sundays from
10am to 6pm.
A motion was foreshadowed by Councillor Dale
That the Section 96 Development Application 10.2002.357.4 be

modified as follows:
(a) Condition H(3) of the existing consent be deleted
(b) The revised Condition H(3) is to read as follows:
Use of Facilities to be Principally Restricted to the School Population Only
The Performing Arts Centre and Indoor Swimming Centre have been
approved on the basis that they are an integral part of the School for use
principally by the school population. As such, these facilities shall be used
2007
for activities associated with the school’s curriculum and annual event
calendar as submitted to Council. The Indoor Swimming Centre shall be
used in accordance with activities and details outlined in the following table
with external use limited to ‘Learn to Swim’ activities during the week.
The school will not unreasonably restrict the availability of existing on site
car parking for users of these facilities and shall actively encourage visitors
and users to park within designated on site car parking areas.
It should also be noted that any use of these facilities for commercial gain is
prohibited under the current zoning of the site – in this regard the ‘Learn to
Swim’ lessons in the Indoor Swimming Centre are to be provided only on a
cost recovery basis. Use of the premises in this manner is a breach of the
Environmental Planning & Assessment Act 1979 and Council will take
appropriate action to correct any such breach of the Act.
2/3 Variation of LTS from 6 to 20
3/3 Permitted use on Sundays from 10am to 6pm.
553/07 RESOLVED Stott/Jones
1/2 That Council refuse the Section 96 Development

Application 10.2002.357.4 and Council maintain adherence
to the 2003 approval conditions.
2/2 That students and staff who live on the site be given
permission to use the pool only for recreational purposes on
Sundays from 10am to 6pm.
For the motion
Councillors Hawkins, Jones, Stott, Wangmann, McKenna, Receretnam

and Drury.
Against the motion
Councillors Dale and Cassidy.
60 DALHOUSIE STREET, HABERFIELD. Martin Amy – Town

Planner. Report submitted with attachments 1 to 5.
(05/12/07) 10.2005.209
CM 10.5 Attached
554/07 RESOLVED McKenna/Dale
That Council approve the release the operational consent for

development application 10.2005.209.
2007
RESUMPTION OF STANDING ORDERS
Standing orders resumed at 10.38pm.
CONFIRMATION OF THE MINUTES OF COUNCIL/COMMITTEES
555/07 RESOLVED Wangmann/Stott
That the minutes of the Extraordinary Council Meeting of the 20

November 2007 be confirmed.
That the minutes of the Ordinary Council Meeting of the 27

November 2007 be confirmed.
For the motion
Councillors Hawkins, Adams, Dale, McKenna, Rerceretnam, Drury

and Cassidy.
Against the motion
Councillors Jones, Stott and Wangmann.
That the minutes of the Seniors Action Committee of the 18 August

2007 be confirmed subject to the following:-
Item relating to the confirmation of the minutes be changed to

reflect the 8 May 2007 meeting rather than the 18 August 2007.
558/07 RESOLVED
That the minutes of the Ordinary Council Meeting of the 4

December 2007 be confirmed subject to the inclusion of the
following item in relation to Economic Development Officer
resolution 542/07:-
That Mr Gilchrist be provided with copies of the heritage reports

of the Town Centre, from Mr Irving and our planners.
2007
MAYORAL MINUTES
DEATH MS JANET HILL 000145

MM52/2007 Attached
This item was dealt with earlier in the meeting. Refer to minute
number 545/07.
TRAGIC DEATH OF JOHN ROZTCKI 000145

MM53/2007 Attached
This item was dealt with earlier in the meeting. Refer to

minute number 546/07.
NOTICES OF MOTION
ADDRESSING PERSONAL ABUSE DURING COUNCIL

MEETINGS: CHANGES TO THE CODE OF MEETING PRACTICE.
Councillor Rerceretnam, Councillor Dale, Councillor Hawkins. Report
submitted with attachment 1.
(06/11/07) GO5/04
h:\reports.bp\Council\Reports\CM111207NM_44.doc
NM44/2007 Attached
A motion was moved by Councillor Rerceretnam seconded Councillor

Hawkins
That the General Manager ensures:
1/2 That during future Council and Committee meetings when the
chair rules that an act of disorder has been committed by a
Councillor that the details as stated by the chair at the time are
recorded in the draft minutes of that meeting.
2/2 That the Code of Meeting practice be amended to reflect these

resolutions.
The Mayor Councillor Cassidy issued Councillor Adams with his first
warning for making comments towards Councillor Rerceretnam and
not withdrawing such comments during debate.
EXTENSION OF TIME

2007
That the meeting be extended for a period of 30 minutes. The time

being 11.00pm.
The Mayor Councillor Cassidy issued Councillor Adams with his

second warning for making comments toward Councillor Rerceretnam
and not withdrawing such comments during debate.
Councillor Adams left the meeting at 11.04pm.
The motion was lost.
For the motion
Councillors Stott, Wangmann and Rerceretnam.
Against the motion
Councillors Hawkins, Jones, McKenna, Drury and Cassidy.
Councillor Dale not present.
INVESTMENT OVERSIGHT COMMITTEE. Councillor Bonanno,

Councillor McKenna and Councillor Jones. Report submitted.
(4/12/07) h:\reports.bp\Council\Reports\CM111207NM_50.doc
NM50/2007 Attached
560/07 RESOLVED Drury/McKenna

That the matter be referred to the first Ordinary Council Meeting
held in February 2008.
GENERAL BUSINESS RESOLUTION NOT TO DEAL WITH

RESCISSION MOTION LODGED BY COUNCILLORS IN
RELATION TO NM49/2007 UNTIL FEBRUARY 2008. Councillor
Bonanno, Councillor McKenna and Councillor Drury. Report
submitted. (4/12/07) A02/07
h:\reports.bp\Council\Reports\CM111207NM_51.doc
NM51/2007 Attached
This item was withdrawn.
STAFF REPORTS
SECTION 96 - DEVELOPMENT APPLICATION 10.2002.357.4
2007
14 ANTHONY STREET, CROYDON. Phil Sarin – Director Planning

and Environment. Report submitted with attachments 1 to 3.
(04/12/07) 10.2002.357
CM 10.2 Attached
This item was dealt with earlier in the meeting. Refer to minute number
553/07.

43 - 49 QUEEN STREET, ASHFIELD. Con Colot – Senior Strategic
Planner. Report submitted.
(04/12/07) 10.2005.092
CM 10.3 Attached
561/07 RESOLVED Wangmann/Jones
That Development Application 10.2005.092.1 for development at

43-49 Queen Street which is for:
o Alterations addition to the existing house at 49 Queen Street

o Erect 10 new dwelling houses
o Subdivide the site into 11 new house allotments and one
common property allotment.
be approved subject to the conditions in the report.
Condition B (4) be added to as follows:-
After in width add ‘and straightened to maintain an unbroken line

of sight between the Lewis Herman Reserve and the internal road’.
Condition H (4) be amended as follows i.e. add the bold sections

where indicated
‘All garbage/recycling bins are to be stored ‘in an area wholly within

the allotment boundaries of each site’ and collected … each
dwellings ‘internal on-site’ storage area immediately after collection.

150 SMITH STREET, SUMMER HILL. Andrew Johnston – Town
(04/12/07) 10.2006.294.1
CM 10.4 Attached
562/07 RESOLVED Stott/Jones
That Council as the consent authority pursuant to Clause 80(1)(b)

2007
of the Environmental Planning and Assessment Act 1979 (as

amended) refuse Development Application No. 10.2006.294.1 for
the demolition of a building and the construction of a mixed-use
development consisting of two shops, six residential units and a car
park on Lot 11 in DP: 476, and known as 150 Smith Street,
Summer Hill, for the reasons listed in the report.

60 DALHOUSIE STREET, HABERFIELD. Martin Amy – Town
(05/12/07) 10.2005.209
CM 10.5 Attached
This item was dealt with earlier in the meeting. Refer to minute
number 554/07.
NIGHT CLOSURE OF PRATTEN PARK. Ken Gainger – General

Manager. Report submitted.
(05/12/07) R16/02
CM 10.6 Attached
563/07 RESOLVED Drury/Stott
1/4 That the Council agree to close Pratten Park between the
hours of 10pm and 6am seven days per week on a 6-month
trial basis subject to the following:
That before the trial commences all residents in the area

surrounding Pratten Park who were recently notified
during the Pratten Park Plan of Management process be
provided with a letter from the Council explaining the
rationale for the 6-month trial closure and that a notice
also be posted on the gates.
That a telephone “hot-line” be established whereby
residents can provide feedback to the Council during the
trial closure period;
That details of the “hot-line” and the community
feedback process be provided to residents with the letter
from the Council;
That a public notice of the trial closure be included in the
Council’s weekly newspaper column supported by an
appropriate media release.
2/4 That at the conclusion of the trial closure a further report be

brought to the Council including details of feedback received
from residents, Council staff, the police and Pratten Park
stakeholders.
2007
3/4 That local residents be encouraged to attend the Council

meeting to be held to consider the report at the conclusion
of the trial closure.
4/4 That the Council support the establishment of a “Park Watch

Program” in consultation with local police.
CLASS 4 NOXIOUS WEEDS MANAGEMENT PLAN. Epeli Naivalu

– Manager Operations. Report submitted with attachments 1 and 2.
(03/12/07) R01/02
CM 10.7 Attached
1/2 That Council note the new Noxious Weeds list for Ashfield.
2/2 That Council ratify the Class 4 Noxious Weed Management

Plan for Ashfield and approve publication of the Plan on
Council’s website.
3/3 That photographs of each Noxious Weed be included on

Council’s website.
CLOSED (PUBLIC EXCLUDED) COMMITTEE
565/07 RESOLVED Cassidy/Jones
That the following items be considered in Closed (Public Excluded)

Meeting and the Press and Public be excluded in accordance with
Section 10A Subclause (2)(g) of the Local Government Act, the
time being 11.12 pm.
Development Application 10.2006.39 C/W 12.1
Dog Attack – 16 Dickinson Ave, Croydon C/W 12.2
The meeting reverted to an open meeting at 11.20pm and the

Chairperson reported that the Closed (Public Excluded) meeting passed
the following resolutions.
DEVELOPMENT APPLICATION 10.2006.39

119 PROSPECT ROAD, SUMMER HILL. Phil Sarin – Director
Planning and Environment. Report submitted with attachment 1.
(05/12/07) 10.2006.39
h:\reports.bp\Council\Closed\CM111207SR_10.doc
C/W 12.1 Attached
2007
A motion was moved by Councillor Stott seconded Councillor Jones
That Council pursue the appeal on condition 10 of the Land and

Environment Court approval.
A motion was foreshadowed by Councillor Cassidy seconded

Councillor Dale
1/2 That Council instruct its solicitors to withdraw the current

appeal in the Land and Environment Court.
2/2 That Council inform objectors to the Trinity Grammar

development application of its decision and the reasons for the
decision.
Councillor Stott withdrew her motion.
566/07 RESOLVED Cassidy/Dale
1/2 That Council instruct its solicitors to withdraw the current

appeal in the Land and Environment Court.
2/2 That Council inform objectors to the Trinity Grammar

development application of its decision and the reasons for
the decision.
DOG ATTACK
16 DICKINSON AVENUE, CROYDON. R W Stockham – Manager
Environmental Health. Report submitted with attachments 1 to 4.
(05/12/07) 019872
h:\reports.bp\Council\Closed\CM111207SR_11.doc
C/W 12.2 Attached
567/07 RESOLVED Dale/Stott
That Council’s authorises the General Manager to:
1. Deal with the matter including authority to issue a Notice of

Intention to declare the dog ‘Leroy’ dangerous.
2. Consider any representations received in relation to the

serving of a Notice of Intention, as outlined in Part 1.
3. After considering any representations, determine whether

or not to issue a specific declaration that the dog ‘Leroy’ is
a dangerous dog under the Companion Animals Act.
2007
GENERAL BUSINESS
CDO INVESTMENTS F01/01
Councillor Stott questioned whether Council had any CDO investment

updates in November.
The General Manager advised that a letter has been sent to Grange in
requesting refund of 3 CDO investments and that Council was
expecting contact over the next few days. He advised that Councillors
would be provided with an update as further information becomes
available.
PROCEEDINGS TERMINATED AT 11.22 PM
Chairperson of the meeting of the Council of the Municipality of Ashfield

held on 11 December 2007 when the Minutes were confirmed
Mayor
Date

Minutes AshfieldOrdinaryCouncilMeeting11December2007

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Minutes AshfieldOrdinaryCouncilMeeting11December2007

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MIN NO MINUTES OF ORDINARY MEETING OF THE COUNCIL OF THE

MUNICIPALITY OF ASHFIELD HELD IN THE COUNCIL

Councillor Jones attended the meeting at 6.59pm.

Mr K Gainger General Manager

ACKNOWLEDGEMENT OF LOCAL INDIGENOUS COMMUNITY

APOLOGIES/REQUEST FOR LEAVE OF ABSENCE

An apology for non-attendance was received and accepted from Councillor

CONDOLENCE AND SYMPATHY MOTIONS

Councillor Cassidy advised of the passing of the late Ms Janet Hill a

Councillor Cassidy advised of the tragic death of John Rozatcki an ex-

Councillor Stott spoke of Ms Hill a valued member and regular attendee of

DEATH MS JANET HILL 000145

545/07 RESOLVED Cassidy

That a letter be sent to Mr. Reg Holdsworth expressing Council’s

TRAGIC DEATH OF JOHN ROZTCKI 000145

546/07 RESOLVED Cassidy

That a letter be sent to his parents expressing Council’s sincere

SUSPENSION OF STANDING ORDERS

547/07 RESOLVED Stott/Wangmann

That standing orders be suspended to deal with Item CM 10.1. The

DEVELOPMENT APPLICATION 10.2006.024.1

548/07 RESOLVED Cassidy

That members of the public be permitted to address the meeting.

Mr G Torry 8 Carlisle Street addressed the meeting at 6.50pm and

Ms E Torry 8 Carlisle Street addressed the meeting at 6.56pm and

Mr I Poole JPR Architects addressed the meeting at 6.57pm and concluded

Councillor Jones attended the meeting at 6.59pm.

Mr G Vaccari Ashfield Chamber of Commerce addressed the meeting

A motion was moved by Councillor Bonanno seconded Councillor Adams

A That the objection pursuant to State Environmental Planning Policy

B Development Application 10.2006.024.1 for additional retail floor

A motion was foreshadowed by Councillor Stott

A That the objection pursuant to State Environmental Planning Policy

B Development Application 10.2006.024.1 for additional retail floor

3. The objection to the floor space ratio (Clause 17(2)) of Ashfield

4. The bulk and scale of the overall development is out of character

5. The proposed traffic generation is considered excessive and will

7. Inadequate provision of landscaping including appropriately

8. The proposal represents an overdevelopment of the site.

9. The proposal is not in the public interest.

11. Car parking within the building is poorly designed resulting in

13. Traffic management features such as roundabouts and traffic

14. The proposal does not demonstrate compliance with existing

17. The proposal impinges upon the adjoining properties fronting

23. Inadequate provision for open space and recreational facilities.

27. No windows in the kitchens and bathrooms of the apartments

28. No telecommunications towers on the roof.

An amendment to the foreshadowed motion was moved by Councillor

That the following items be added to the reasons for refusal:

The proposal does note demonstrate sufficient sustainability and

The amendment to the foreshadowed motion was accepted by the

An amendment was moved by Councillor Drury

To delete the existing deferred commencement condition 2 (on page 79

2. Access and Traffic Management around the Mall Block

The applicant and Council jointly commission a new independent

The report is to examine the following:

This report should clearly delineate the relative responsibilities of each

The amendment was accepted by the mover.

549/07 RESOLVED Cassidy/Stott

That members of the public be permitted to address the meeting.

Mr F Smith JDR Architects addressed the meeting at 8.29pm and

The motion (Bonanno/Adams)was lost.

A division was called and voting was as follows:-

For the motion