7 MAITLAND PLACE, BAULKHAM HILLS
Schedule 4 Proposed Development
B. EXHIBITED PACKAGE OF REFORMS
11. AN EXPANDED DEVELOPMENT STREAM
Council in previous submissions has raised the need for a new approval pathway that sits between development applications and complying development. This could be modelled on the Building Application process that existed in the Local Government Act prior to the reforms of 1998.
Prior to private certification, the planning system rarely required development consent for dwellings, dwelling additions or outbuildings. Instead, these kinds of developments were the subject of a Building Application assessed and determined under the Local Government Act. Assessment under this Act mirrored considerations for Consent under the EP&A Act and even taking into account the notification period to adjoining
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With the 1998 reforms, suddenly almost all development handled by Building Applications became "local" development requiring development consent that has added weight to the system. Private certification of merit considerations is not considered to be in the community interest and does not provide any confidence of impartiality. There is an opportunity to have four streams of development as follows:
Approval Pathway Requirements
Exempt No Development Application, no Construction Certificate
Complying No Development Application, no Construction Certificate, but requires Complying Development Certificate
Local Development Application and Construction Certificate Proposed Local
Building Permit No Development Application, Conditional Construction Certificate issued by Council, Certification by private certifier or Council
The proposed Local Building Permit would be for Class 1a, 10a, 10b structures on urban zone and sewered land. A Development Application ought not be required for Class 1a, 10a and 10b structure on zoned urban sewered land. Such development also should not have to undergo Statement Environmental Effects or the rigorous requirements of a Development Application. This is not the same as Complying Development as it could involve merit (remove cut and fill, reduced setback, tree clearing etc).
Recommendation:
11.1 Introduce a fourth stream of Development Approval to deal with Class 1a (for example single dwellings or attached dwellings, separated by a fire-resisting wall) and 10 (non-habitable structure such as sheds, garages) on land that is zoned urban and fully serviced. The new stream should be for proposals that fit between a DA and a Complying Development Certificate. A DA process is too onerous for these kinds of buildings and structures on these lands and a merit based application for Building Permission issued by Council would reduce delays and costs. An application for Building Permission should only require plans and specifications demonstrating compliance with the Building Code of Australia and local development standards and should only involve limited neighbour notification.
CONCLUSION
The exhibition of the draft amendments to the Environmental Planning and Assessment Act, 1979 represents the next stage in the review of the planning system for NSW.
This report describes the new material provided on the planning reforms and comments on the implications for The Hills Shire and recommends that submission be made to the proposed Draft Bill in line with the comments contained within the report.
IMPACTS Financial
This matter has no direct financial impact upon Council's adopted budget or forward estimates in the short term. However, a number of the proposed reforms could impact on Council financially in the long-term through resources required to undertaken additional community consultation during the strategic planning process. It is
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anticipated that these initial costs will be recouped through efficiencies and cost savings over time.
The Hills Future - Community Strategic Plan
The formulation of a submission on the planning legislation updates seeks to ensure that growth and development is effectively governed and managed at the local level to facilitate outcomes for the community in line with the Community Strategic Plan.
RECOMMENDATION
A submission be forwarded to the Department of Planning and Environment in response to the exhibition of draft planning legislation updates with recommendations as detailed in this report and also suggesting the following key measures that could be implemented to restore public confidence in the States planning system, improve efficiency, provide accountability and be effective:
1. Complete the District Plans and resource the completion of actions identified in them.
There is also a need to provide frameworks to resolve competing priorities in the various different sections of the Plans.
2. Work with Council’s to agree the housing and jobs growth areas and agree the areas not to change. This will allow the attraction of investment in the right areas and focus the efforts of government, Council and the communities in the identified areas that matter. This will improve confidence and certainty.
3. Provide meaningful State infrastructure plans to cover schools, roads and transport to support the agreed growth areas in the Local Government Area. These Plans are to identify timeframes and funding sources that are committed.
4. Develop a 20 year physical model of the built form of greater Sydney for the next 20 years. Many other sophisticated Cities around the world have done this and at any time a developer, community member or agency can view the model to guide their respective decisions. It is one clear way to inform the wider community about what they can expect over the 20 year timeframe.
5. Require the Office of Environment and Heritage to undertake a holistic biodiversity certification process of greater Sydney. Areas outside the retained biodiversity areas can then be developed without the need to consider environmental legislation any further and will result in the right environmental outcome with faster, less complex development assessment times.
6. Diminish the role and ambit of Planning Panels. There are too many applications being determined by Planning Panels that are not of regional significance. Planning Panels must comprise a maximum of four (4) members to reduce costs and of those four, the Government and Council be represented by 2 appointed members each.
The Chairperson has the right to a casting vote. Planning Panels should only be utilised for the following;
a. Developments that exceed $100M in the metropolitan area.
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7. Require all State Agencies to commit to maximum timeframes to provide comments, concurrence and responses to development matters and concerns. Twenty eight (28) days is the suggested maximum as the forty (40) day maximum is the statutory timeframe before an application is deemed to be refused.
8. Implement a pre-lodgement system for State Agencies for significant rezoning and development applications.
9. Introduce a fourth stream of Development Approval to deal with Class 1a (for example single dwellings or attached dwellings, separated by a fire-resisting wall) and 10 (non-habitable structure such as sheds, garages) on land that is zoned urban and fully serviced. The new stream should be for proposals that fit between a DA and a Complying Development Certificate. A DA process is too onerous for these kinds of buildings and structures on these lands and a merit based application for Building Permission issued by Council would reduce delays and costs. An application for Building Permission should only require plans and specifications demonstrating compliance with the Building Code of Australia and local development standards and should only involve limited neighbour notification.
10. Continue to repeal duplicated State Environmental Planning Policies that should be incorporated in Local Environmental Plans.
ATTACHMENTS Nil
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ITEM-4 PURCHASE OF LOT 13, 140-162 HEZLETT ROAD, KELLYVILLE FOR ROAD WIDENING
DOC INFO
THEME: Balanced Urban Growth
OUTCOME: 6 Safe, convenient and accessible transport options that enable movement through and within our Shire.
STRATEGY: 6.1 Facilitate the provision of integrated transport alternatives that link residents to their home, places of work and services and facilities.
MEETING DATE: 28 FEBRUARY 2017 COUNCIL MEETING
GROUP: STRATEGIC PLANNING
AUTHOR: PROPERTY MANAGER
RODNEY MACFARLANE
RESPONSIBLE OFFICER: MANAGER SPECIAL PROPERTY PROJECTS STEPHEN CULLEN
REPORT
Council resolved on 8 November 2016 as follows:
“1. Council agree to purchase Lot 12 in a subdivision of Lot C DP 343259, 140-162 Hezlett Road, Kellyville being land designated SP2 Road Widening for $140,000 plus GST with a Contract, Deed & Transfer authorised for execution under seal.
2. Council classify Lot 12 in a subdivision of Lot C DP 343259 as “Operational Land”
upon acquisition to allow dedication as public road.
3. Upon acquisition, Lot 12 in a subdivision of Lot C DP 343259 be dedicated as Public Road pursuant to Section 10 of the Roads Act 1993 and a Request document authorised for execution under seal for lodgement at Land & Property Information.”
The original development application for the subdivision of Lot C DP 343259, 140-162 Hezlett Road, Kellyville (DA 305/2015/ZA) was approved on 24 December 2014 which created 11 residential lots plus a lot for road widening.
The road widening lot was described as “Lot 12” in the approved Plan of Subdivision for
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IMPACTS Financial
This purchase is funded from Contribution Plan No. 13 North Kellyville Release Area (Ref NKNR02015). Funds are available in CP13 to purchase this property which is $76,657 over and above the index costs provided for this acquisition in the CP Plan.
The Hills Future - Community Strategic Plan There are services and facilities that suit my needs RECOMMENDATION
1. Council agree to purchase Lot 13 in a subdivision of Lot C DP 343259, 140-162 Hezlett Road, Kellyville being land designated SP2 Road Widening for $140,000 plus GST with a Contract, Deed & Transfer authorised for execution under seal.
2. Council classify Lot 13 in a subdivision of Lot C DP 343259 as “Operational Land”
upon acquisition to allow dedication as public road.
3. Upon acquisition, Lot 13 in a subdivision of Lot C DP 343259 be dedicated as Public Road pursuant to Section 10 of the Roads Act 1993 and a Request document authorised for execution under seal for lodgement at Land & Property Information ATTACHMENTS
1. Location Plan (1 Page)
2. Report to Council 8 November 2016 (2 Pages) 3. Plans of Subdivision DA 305/2015/ZA (2 Pages)
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ITEM-5 PURCHASE OF LOT 405 HEZLETT ROAD, KELLYVILLE FOR ROAD WIDENING
DOC INFO
THEME: Balanced Urban Growth
OUTCOME: 6 Safe, convenient and accessible transport options that enable movement through and within our Shire.
STRATEGY: 6.1 Facilitate the provision of integrated transport alternatives that link residents to their home, places of work and services and facilities.
MEETING DATE: 28 FEBRUARY 2017 COUNCIL MEETING
GROUP: STRATEGIC PLANNING
AUTHOR: PROPERTY MANAGER
RODNEY MACFARLANE
RESPONSIBLE OFFICER: MANAGER SPECIAL PROPERTY PROJECTS STEPHEN CULLEN
EXECUTIVE SUMMARY
This report recommends that Council purchase Lot 405 DP 1201489, Hezlett Road, Kellyville for road widening for the amount of $47,700 plus GST.
REPORT
On 28 October 2016, the owners of Lot 405 DP 1201489, Hezlett Road, Kellyville requested Council to commence negotiations to acquire the property which is zoned SP2 Road Widening (See Attachment 1).
The subject land has an area of 100.4 square metres with the whole parcel considered developable, based upon the underlying R1 General Residential Zoning. Panel Valuer, Preston Rowe Paterson were instructed to prepare a market appraisal on this basis and recommended a market value of $47,700 plus GST for the land.
A “Without Prejudice” offer for this amount was forwarded to the owners on 12 January 2017 which was accepted.
Council's professional costs for valuation and legal fees are estimated at $5,000 should the purchase proceed subject to the terms of offer.
CONCLUSION
Council has an option to accept or decline the request to purchase the road widening at this time. To decline the offer, Council will have to at some time in the future acquire by voluntary negotiation or compulsory acquisition pursuant to the Land Acquisition (Just Terms Compensation) Act 1991 at which time compensation will be assessed by the Valuer General. The owner will have the option at the time to accept or appeal the determination of compensation in the Land & Environment Court NSW. There is a potential to incur substantial legal costs should this situation eventuate.
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It is considered that the negotiated compensation is within current englobo market values and proceeding at this time provides more certainty than any future acquisition.
IMPACTS Financial
This purchase is funded from Contribution Plan No. 13 North Kellyville Release Area (Ref NKNR02010 & NKNR02011). Funds are available in CP13 to purchase this property which is $22,262 over and above the index costs provided for this acquisition in the CP Plan.
The Hills Future - Community Strategic Plan There are services and facilities that suit my needs RECOMMENDATION
1. Council agree to purchase Lot 405 DP 1201489, Hezlett Road, Kellyville being land designated SP2 Road Widening for $47,700 plus GST with a Contract, Deed &
Transfer authorised for execution under seal.
2. Council classify Lot 405 DP 1201489 as “Operational Land” upon acquisition to allow dedication as public road.
3. Upon acquisition, Lot 405 DP 1201489 be dedicated as Public Road pursuant to Section 10 of the Roads Act 1993 and a Request document authorised for execution under seal for lodgement at Land & Property Information.
ATTACHMENTS
1. Location Plan (1 Page)
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ITEM-6 PURCHASE OF LOTS 16 & 18, 15 HILLVIEW ROAD, KELLYVILLE FOR PUBLIC RECREATION
DOC INFO
THEME: Balanced Urban Growth
OUTCOME: 6 Safe, convenient and accessible transport options that enable movement through and within our Shire.
STRATEGY: 6.1 Facilitate the provision of integrated transport alternatives that link residents to their home, places of work and services and facilities.
MEETING DATE: 28 FEBRUARY 2017 COUNCIL MEETING
GROUP: STRATEGIC PLANNING
AUTHOR: PROPERTY MANAGER
RODNEY MACFARLANE
RESPONSIBLE OFFICER: MANAGER SPECIAL PROPERTY PROJECTS STEPHEN CULLEN
EXECUTIVE SUMMARY
This report recommends that Council purchase Lots 16 & 18 DP 1213158, 15 Hillview Road, Kellyville for public recreation for $785,000 plus GST.
REPORT
On 3 March 2016, the owner of Lots 16 & 18 DP 1213158, 15 Hillview Road, Kellyville requested Council to recommence negotiations to acquire the property which is majority zoned RE1 Public Recreation and a minor portion of SP2 Trunk Drainage being dedicated at no cost to Council (See Attachment 1).
The property has an area of 6,774 square metres with the whole of the subject land considered undevelopable being designated Riparian Corridor & Native Vegetation Retention Area whilst having an underlying R2 Low Density Residential Zoning. Panel Valuer, MJ Davis Realty Appraisals was instructed to prepare a market valuation on this basis and recommended a market value of $785,000 plus GST for the land.
A “Without Prejudice” offer for this amount was forwarded to the owner on 8 February 2017 which was accepted.
Council's professional costs for valuation and legal fees are estimated at $5,000 should
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The owner will have the option at the time to accept or appeal the determination of compensation in the Land & Environment Court NSW. There is a potential to incur substantial legal costs should this situation eventuate.
It is considered that the negotiated compensation is within current englobo market values and proceeding at this time provides more certainty than any future acquisition.
IMPACTS Financial
This purchase is funded from Contribution Plan No. 13 North Kellyville Release Area (Ref NKLOS6001 & NKLOS5003). Funds are available in CP13 to purchase this property which is $202,055 over and above the index costs provided for this acquisition in the CP Plan.
The Hills Future - Community Strategic Plan
This purchase will support and encourage the community to participate in leisure activities that could contribute to improving their health and well-being.
RECOMMENDATION
1. Council agree to purchase Lots 16 & 18 DP 1213158, 15 Hillview Road, Kellyville being land designated public recreation for $785,000 plus GST with a Contract, Deed
& Transfer authorised for execution under seal.
2. The public reserve be classified as “Community Land” and deemed non-rateable pursuant to Sections 25 and 556 respectively of the Local Government Act 1993.
ATTACHMENTS
1. Location Map (1 Page)
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ITEM-7 BUDGET REVIEW AS AT 31 JANUARY 2017 THEME: Proactive Leadership
OUTCOME: 2 Prudent management of financial resources, assets and people to deliver the community outcomes
STRATEGY: 2.2 Maintain a strong financial position that supports the delivery of services and strategies and ensures long term financial sustainability.
MEETING DATE: 28 FEBRUARY 2017 COUNCIL MEETING
AUTHOR: MANAGER CORPORATE & STRATEGIC PLANNING ANEESH ZAHRA
RESPONSIBLE OFFICER: CHIEF FINANCIAL OFFICER CHANDI SABA
REPORT
The purpose of this Report, as required by the Local Government Act and associated regulations, is to enable Council to review its actual Expenditure and Income against the adopted Budget and to consider variations to the Budget
The Office of Local Government (OLG) has developed a set of minimum requirements for the format and content of budget review statements. They will assist Councils in meeting their obligations as set in the Code of Accounting Practice and Financial Reporting and form part of the legislative framework in accordance with clause 203 of the Local Government (General) Regulation 2005.
Although the DLG requires quarterly budget review statements, The Hills Shire Council will continue to provide this information on a monthly cycle. Information is reflected in five main sections, namely Recurrent Operations, Capital Purchases, Capital Works, Section 94 and Real Estate Assets.
Attachments to this report are as follows:
Summary of expenditure and income on Recurrent Operations, Capital Purchases, Capital Works, Section 94 and Real Estate Assets.
Detail the Recurrent Operations Expenditure and Income by Business Program (Outputs)
Income Statements (Statutory Accounts Format) with reconciliation to Budget Result
Statement of Cash & Investments
Balance Sheet
Capital Works Expenditure and Comments on Variations on each Job
Key Performance Indicators
Listing of Contracts & Other Expenses
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Recurrent Operations
The Original adopted budget forecasts a Budget Surplus of $72k for this financial year.
Variations proposed in this review will result in a revised Recurrent Operations Budget Surplus of $79k this financial year.
Local Government Code of Practice requires the inclusion of all income received as income for the year, even though the associated expenditure may be incurred in future periods. As such the matching concept is not in place and the Statutory Accounts reflect an operating surplus of $28.4m (Attachment 1 Page 9) which is somewhat misleading.
This differs from the Budget Format which matches income to the period that the expenditure is to incur. Reconciliation between the Original Operating Surplus $28.4m and the Original Budget Surplus $72k is detailed in Attachment 1 Page 9.
Summary Budget Result is detailed below.
Recurrent
Operations Original Budget
Current
Budget Proposed Revised Budget
Proposed Contra variations
Proposed Other Variations
Ref
$000 $000 $000 $000 $000
Income (140,476) (144,412) (146,591) 172 (2,351) 1-14
Expenditure 122,398 125,935 127,667 (172) 1,904 15-22
Budget (Surplus) (18,079) (18,477) (18,924) 0 (447)
Transfer To/(From)
Reserves 18,082 19,439 20,860 - 1,420 23
Transfer from Prior
Year Sec 94 0 0 0 - -
Transfer from Prior
Year Grants (76) (1,041) (2,015) - (974) 24
Proposed
Budget (Surplus)
(72) (79) (79) 0 0
Recurrent Operations
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