All performance criteria for the establishment phase of the VMP (5 years) must be complied with prior to the issue of a compliance certificate/ practical completion.
A statement certifying such compliance must be provided by the author of the VMP or an equally qualified and experienced person.
Consideration may be given to early release of a Subdivision Certificate in lieu of this by agreement with Council’s Manager – Subdivision and Development Certification, based on alternative arrangements to secure the completion of works.
Such agreement must comply with s109J(2) of the EP&A Act and will be conditional upon there being no circumstances prohibiting the issuing of a Subdivision Certificate contained within s109J(1) of the EP&A Act at the time of any such agreement.
Being a planning matter, the Mayor called for a division to record the votes on this matter
VOTING FOR THE MOTION Clr Dr M R Byrne
Clr Taylor MP Clr Preston Clr A N Haselden Clr Harty OAM Clr Tracey Clr Dr Gangemi Clr Thomas Clr Dr Lowe
VOTING AGAINST THE MOTION None
MEETING ABSENT Clr Keane
Clr Hay OAM
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 8 November 2016
ITEM-4 PLANNING PROPOSAL - 40 SOLENT CIRCUIT,
BAULKHAM HILLS (5/2015/PLP) Proceedings in Brief
Tim Spencer - General Manager of Mulpha Norwest representing the Applicant addressed Council regarding this matter.
A MOTION WAS MOVED BY COUNCILLOR HARTY OAM AND SECONDED BY COUNCILLOR HASELDEN THAT the Recommendation contained in the report be adopted.
THE MOTION WAS PUT AND CARRIED.
608 RESOLUTION
1. A planning proposal be forwarded to the Department of Planning and Environment for a Gateway Determination to:
a) Increase the maximum building height from RL116 metres (10 storeys) to RL176 metres (26 storeys) applicable to part Lot 2105 DP1201899.
b) Apply a maximum floor space ratio of 1:1 and a maximum incentivised floor space ratio of 2.9:1 (currently no FSR applicable) to part Lot 2105 DP1201899.
c) Include additional permitted uses on Schedule 1 of the LEP: Business premises (maximum 1,500m²), Child care centres (maximum 500m²), Health consulting rooms and Medical centres (1,000m²), Recreation facilities (indoors) (maximum 1,500m²), Restaurants or cafés (maximum 500m²) and Shops (maximum 1,000m²) applying to part Lot 2105 DP1201899.
2. Amendments to The Hills Development Control Plan 2012 Part D Section 8 Norwest Town Centre - Residential Development, as detailed in Attachment 2, be exhibited concurrent with the planning proposal.
3. Council proceed to discuss with the Applicant the preparation a draft Voluntary Planning Agreement which resolves the issues relating to the increased demand for local infrastructure generated by the additional residential density; and
4. Following the preparation of the draft Voluntary Planning Agreement, and prior to any public exhibition of the planning proposal, a report on the draft Voluntary Planning Agreement be submitted to Council for consideration.
Being a planning matter, the Mayor called for a division to record the votes on this matter
VOTING FOR THE MOTION Clr Dr M R Byrne
Clr Taylor MP Clr Preston Clr A N Haselden Clr Harty OAM Clr Tracey Clr Thomas Clr Dr Lowe
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 8 November 2016
VOTING AGAINST THE MOTION Clr Dr Gangemi
MEETING ABSENT Clr Keane
Clr Hay OAM
7:37pm Councillor Dr Lowe left the meeting and returned at 7:38pm during Item 5.
ITEM-5 PLANNING PROPOSAL - 360-378 WINDSOR ROAD, BAULKHAM HILLS (19/2016/PLP)
Proceedings in Brief
Alex Koll of Mako Architects representing the Applicant addressed Council regarding this matter.
A MOTION WAS MOVED BY COUNCILLOR HARTY OAM AND SECONDED BY COUNCILLOR DR GANGEMI THAT the Recommendation contained in the report be adopted.
THE MOTION WAS PUT AND CARRIED.
609 RESOLUTION
1. A planning proposal applying to land at 360-378 Windsor Road, Baulkham Hills (Lots 1 and 2 DP783941) be forwarded to the Department of Planning and Environment for a Gateway Determination to amend Local Environmental Plan 2012 as follows:
a) Amend the Land Zoning Map to rezone the site from R1 General Residential to B2 Local Centre.
b) Amend Part 7 of Local Environmental Plan 2012 to include a new local provision (Proposed Clause 7.12 Housing Diversity) which shall permit a floor space ratio of 3.2:1 and a maximum height of buildings of 49 metres if future development on the site wholly satisfies Council’s standards for apartment mix, apartment size and car parking and also provides at a minimum of 6,042m2 of commercial and retail floor space and a minimum of 2,502m2 of community floor space.
c) Amend the Key Sites Map to identify the site as ‘Area Q’.
d) Amend clause 4.6 Exceptions to development standards to specify that the new local provision cannot be varied under clause 4.6.
2. Draft The Hills Development Control Plan 2012 Part D Section 10 Baulkham Hills Town Centre, as detailed in Attachment 1, be exhibited concurrently with the planning proposal.
3. Council proceed to discuss with the Proponent the preparation a draft Voluntary Planning Agreement which resolves the issues relating to the increased demand for local infrastructure generated by the additional residential density; and
4. Following the preparation of the draft Voluntary Planning Agreement, and prior to any public exhibition of the planning proposal, a report on the draft Voluntary Planning Agreement be submitted to Council for consideration.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 8 November 2016
Being a planning matter, the Mayor called for a division to record the votes on this matter
VOTING FOR THE MOTION Clr Taylor MP
Clr Preston Clr Harty OAM Clr Tracey Clr Thomas Clr Dr Gangemi
VOTING AGAINST THE MOTION Clr Dr M R Byrne
Clr Dr Lowe Clr A N Haselden MEETING ABSENT Clr Keane
Clr Hay OAM
MATTER ARISING
A MOTION WAS MOVED BY COUNCILLOR THOMAS AND SECONDED BY COUNCILLOR HASELDEN THAT
1. Council review traffic volumes along Seven Hills Road to establish if it meets the classification of a local road.
2. The review take into account the impact of the traffic already generated from surrounding approved developments.
3. A review be carried out of traffic volumes through the Baulkham Hills Town Centre.
THE MOTION WAS PUT AND CARRIED.
610 RESOLUTION
1. Council review traffic volumes along Seven Hills Road to establish if it meets the classification of a local road.
2. The review take into account the impact of the traffic already generated from surrounding approved developments.
3. A review be carried out of traffic volumes through the Baulkham Hills Town Centre.
CALL OF THE AGENDA
A MOTION WAS MOVED BY COUNCILLOR HARTY OAM AND SECONDED BY COUNCILLOR DR LOWE THAT Items 6, 7, 8, 9 and 10 be moved by exception and the Recommendations contained in the reports be adopted.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 8 November 2016
611 RESOLUTION
Items 7, 8, 9 and 10 be moved by exception and the Recommendations contained in the reports be adopted.
ITEM-6 PURCHASE OF LAND FOR ROAD WIDENING, 140- 162 HEZLETT ROAD, KELLYVILLE
612 RESOLUTION
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.
ITEM-7 LOCAL TRAFFIC COMMITTEE RECOMMENDATIONS - 17 OCTOBER 2016
613 RESOLUTION
Council adopt the recommendations of the Local Traffic Committee for 17 October 2016 as detailed in the report.
ITEM-8 POST EXHIBITION REPORT - ADOPTION OF POLICY FOR THE PAYMENT OF EXPENSES AND PROVISION OF FACILITIES TO MAYOR AND COUNCILLORS 614 RESOLUTION
The draft policy for the Payment of Expenses and Provision of Facilities to the Mayor and Councillors be adopted.
ITEM-9 PURCHASE OF PART 17 HILLVIEW ROAD,
KELLYVILLE FOR PUBLIC RECREATION 615 RESOLUTION
1. Council agree to purchase Lot 15 in a subdivision of Lot 9 DP 204009, 17 Hillview Road, Kellyville being land designated public recreation for $530,000 plus GST with a Contract, Deed & Transfer authorised for execution under seal.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 8 November 2016
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.
ITEM-10 LEASE OF PART KELLYVILLE PARK, MEMORIAL AVENUE, KELLYVILLE FOR TELECOMMUNICATIONS FACILITIES
616 RESOLUTION
Subject to the proposal being advertised pursuant to Section 47 of the Local Government Act, 1993, Council agree to enter into Lease Agreements with Axicom Pty Ltd (ACN 090 873 019) for telecommunications facilities located within part Lot 60 DP 10702, Kellyville Park, Memorial Avenue, Kellyville on the terms and conditions detailed in this report with leases authorised for execution under seal.
ITEM-11 WHITE RIBBON DAY - TICKET PURCHASE
A MOTION WAS MOVED BY COUNCILLOR DR GANGEMI AND SECONDED BY COUNCILLOR HARTY OAM THAT Council purchase a table of eight (8) and nominate Councillors to represent Council at this event.
THE MOTION WAS PUT AND CARRIED.
617 RESOLUTION
Council purchase a table of eight (8) and nominate Councillors to represent Council at this event.
QUESTIONS WITHOUT NOTICE
618 PROPOSED DEVELOPMENT GLENORIE SHOPPING CENTRE (DA 182/2017/HA) Councillors Harty OAM, Preston, Dr Lowe and Haselden tabled a letter from Ray Whiteman, President of the Glenorie Progress Association regarding concerns raised about the proposed development at Glenorie.
619 TRAFFIC ISSUES – SHOWGROUND ROAD, WARWICK PARADE, CASTLE HILL Councillor Dr Lowe tabled pictures of vehicles speeding through Warwick Parade and requested that Council investigate permanently closing the road where the boundary of Warwick Parade meets Verletta Avenue by erecting a barrier as the school buses no longer need to use this route.
620 DOG PARK – WEST PENNANT HILLS
Councillor Dr Lowe tabled a letter from Dr Alison Turner requesting for an off leash dog park in West Pennant Hills.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 8 November 2016
621 ASSET MANAGEMENT
Councillor Dr Lowe asked if Council could provide Councillors with an up to date list and valuation of current buildings and substantial holdings that Council may or may not have.
The Deputy Mayor advised that this matter will be discussed at the Strategic Planning Workshop to be held on 19 November 2016.
622 DANGEROUS DOG – “JET”
Councillor Dr Lowe tabled a report from a Registered Veterinary Specialist, Behavioural Medicine regarding the behavioural analysis for the dangerous dog “Jet” and asked if Council could re-examine this case given the expert opinion and advice now at hand.
The General Manager advised that the matter is under review.
623 NSW HERITAGE GRANTS PROGRAM 2017/18 AND 2018/19
Councillor Dr Lowe advised that applications for funding through the NSW Heritage Grants Program for 2017/18 and 2018/19 are now available for:
Owners and managers of gazetted aboriginal places;
Peak Heritage Organisation; and
Local Government.
Councillor Dr Lowe asked whether Council has applied for the said grants to assist funding some of the heritage items listed in the Hills Shire.
624 SKATE PARK – BALCOMBE HEIGHTS
Councillor Dr Byrne advised that she has been approached by some residents who would like to see the Skate Park at Balcombe Heights upgraded and a further request for a shade clothe over the Skate Park. Councillor Dr Byrne enquired what Council were doing with skate parks both now and in the future.
The General Manager advised he would take the question on notice.
625 LEXINGTON AND NORWEST BOULEVARDE INTERSECTION
Councillor Dr Byrne asked if there was any update from the Minister or Roads and Maritime Services in relation to this potential interim solution.
The Group Manager Strategic Planning advised that Councillor Dr Byrne in her former role as Mayor wrote to the Minister about the problem with Lexington Drive roundabout and Norwest Boulevarde. Council has received a letter from the Minister asking Council to articulate our contribution and the Manager, Infrastructure and Transport is in the process of formulating a response.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 8 November 2016
CLOSED COUNCIL
A MOTION WAS MOVED BY COUNCILLOR THOMAS AND SECONDED BY COUNCILLOR HASELDEN THAT
1. The press and public be excluded from the proceedings of Closed Council in respect of Items 12 and 13 pursuant to the relevant Clauses of Section 10A, Clause 2 of the Local Government Act, 1993, as detailed in the following table.
2. Council withhold access to Items 12 and 13 in accordance with the following table and Section 11(2) of the Local Government Act.
TABLE OF CONFIDENTIAL MATTERS ITEM NO.: 12
SUBJECT: SALE OF 5 JACKSON PLACE Associated Report: N/A
Reason for Confidentiality: Information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.
Section: 10A(2)(c)
Public Interest On balance, the public interest in preserving the confidentiality about property sale results mentioned in the report outweighs the public interest in maintaining openness and transparency in Council decision making because the disclosure of this information would put the council at a competitive disadvantage in its negotiations with prospective purchasers preventing it from achieving a “best value for money” outcome for the wider community.
ITEM NO.: 13
SUBJECT: JOINT VENTURE PARTNERSHIP WITH DEPARTMENT OF EDUCATION
Associated Report: N/A
Reason for Confidentiality: Information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.
Section: 10A(2)(c)
Public Interest On balance, the public interest in preserving the confidentiality about the financial and operational details of a proposed joint venture mentioned in the report outweighs the public interest in maintaining openness and transparency in Council decision making because the disclosure of this information would put the Council at a competitive disadvantage preventing it from achieving a “best value for money” outcome for the wider community.
THE MOTION WAS PUT AND CARRIED
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 8 November 2016
626 RESOLUTION
1. The press and public be excluded from the proceedings of Closed Council in respect of Items 12 and 13 pursuant to the relevant Clauses of Section 10A, Clause 2 of the Local Government Act, 1993, as detailed in the above table.
2. Council withhold access to Items 12 and 13 in accordance with the above table and Section 11(2) of the Local Government Act.
8:23pm - Council entered into Closed Session.
ITEM-12 SALE OF 5 JACKSON PLACE, KELLYVILLE
A MOTION WAS MOVED BY COUNCILLOR THOMAS AND SECONDED BY COUNCILLOR HARTY OAM THAT the Recommendation contained in the report be adopted.
THE MOTION WAS PUT AND CARRIED.
627 RESOLUTION
1. Council approve the sale of Lot 601 DP 1083182, 5 Jackson Place, Kellyville on the terms outlined in this report with a Contract, Deed and Transfer authorised for execution under seal.
2. The sale of Lot 601 DP 1083182, 5 Jackson Place, Kellyville be conducted by public auction with the General Manager & Mayor to have delegated authority to accept an offer within 5% under the Reserve sale price as detailed in this report.
3. Subject to completion of sale $309,429 be returned to Contribution Plan 8 and the balance of the net sales proceeds be transferred to the Land Development Reserve.
4. Starr Partners Kellyville be appointed Managing Agent with an exclusive Agency Agreement for the marketing and sale by public auction of Lot 601 DP 1083182, 5 Jackson Place, Kellyville on the terms as detailed in this report.
COMMITTEE OF THE WHOLE - CONFIDENTIAL
A MOTION WAS MOVED BY COUNCILLOR THOMAS AND SECONDED BY COUNCILLOR DR GANGEMI THAT Council enter into Committee of Whole - Confidential to consider Item 13.
THE MOTION WAS PUT AND CARRIED.
628 RESOLUTION
Council enter into Committee of Whole - Confidential to consider Item 13.
At 8:24pm Council entered into Committee of the Whole - Confidential.
8:49pm Councillor Thomas left the meeting and returned at 8:51pm during Committee of the Whole.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 8 November 2016
CLOSED COUNCIL
A MOTION WAS MOVED BY COUNCILLOR DR LOWE AND SECONDED BY COUNCILLOR DR GANGEMI THAT the meeting resume in Closed Council.
THE MOTION WAS PUT AND CARRIED.
629 RESOLUTION
The Meeting resume in Closed Council.
At 9:03pm Council resumed in Closed Council.
REPORT OF THE COMMITTEE OF THE WHOLE - CONFIDENTIAL
Upon resumption of Closed Council the General Manager submitted the following report of the Committee of the Whole - Confidential.
PRESENT
Clr R A Preston (Deputy Mayor, in the Chair) Clr Dr M R Byrne
Clr Dr P J Gangemi Clr R K Harty OAM Clr A N Haselden Clr Dr J N Lowe Clr M O Taylor MP Clr M G Thomas Clr R M Tracey
ITEM-13 JOINT VENTURE PARTNERSHIP WITH DEPARTMENT OF EDUCATION
COMMITTEE RECOMMENDATION
1. Council agree to the signing of an overarching Shared Facilities Heads of Agreement with The NSW Department of Education for the long term use of school facilities with the General Manager and Mayor authorised to negotiate amendments to be consistent with this report’s and to execute the agreement under seal. (Attachment 1);
2. Council agree to signing the specific Shared Heads of Agreement for the proposed sporting field and Hall at Kellyville South Public School subject to the General Manager and Mayor negotiating amendments to limit the cost to Council of $8M and once finalised be authorised for execution under seal. (Attachment 2).
A MOTION WAS MOVED BY COUNCILLOR DR LOWE AND SECONDED BY COUNCILLOR HARTY OAM THAT the Report of Committee of the Whole - Confidential be adopted.
630 RESOLUTION
The Report of Committee of the Whole - Confidential be adopted.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 8 November 2016
1. Council agree to the signing of an overarching Shared Facilities Heads of Agreement with The NSW Department of Education for the long term use of school facilities with the General Manager and Mayor authorised to negotiate amendments to be consistent with this report’s and to execute the agreement under seal. (Attachment 1);
2. Council agree to signing the specific Shared Heads of Agreement for the proposed sporting field and Hall at Kellyville South Public School subject to the General Manager and Mayor negotiating amendments to limit the cost to Council of $8M and once finalised be authorised for execution under seal. (Attachment 2).
OPEN COUNCIL
A MOTION WAS MOVED BY COUNCILLOR DR LOWE AND SECONDED BY COUNCILLOR THOMAS THAT the meeting resume in Open Council.
THE MOTION WAS PUT AND CARRIED.
631 RESOLUTION
The meeting resume in Open Council
At 9:04pm members of the gallery were invited back into the Council Chambers and the Deputy Mayor advised that during Closed Council two (2) resolutions were passed. The General Manager read out the resolutions for Items 12 and 13.
The Minutes of the above Meeting were confirmed at the Meeting of the Council held on 22 November 2016.
MAYOR GENERAL MANAGER
ORDINARY MEETING OF COUNCIL 22 NOVEMBER, 2016
ITEM-2 EXHIBITION OF PLANNING PROPOSAL FOR SOUTH DURAL
THEME: Balanced Urban Growth
OUTCOME: 7 Responsible planning facilitates a desirable living environment and meets growth targets.
STRATEGY: 7.1 The Shire’s natural and built environment is well managed through strategic land use and urban planning that reflects our values and aspirations.
MEETING DATE: 22 NOVEMBER 2016 COUNCIL MEETING
GROUP: STRATEGIC PLANNING
AUTHOR: TOWN PLANNER
ASHLEY COOK
RESPONSIBLE OFFICER: MANAGER FORWARD PLANNING STEWART SEALE
EXECUTIVE SUMMARY
This report recommends that Council make a submission to Hornsby Shire Council regarding the South Dural planning proposal, currently on exhibition. It is also recommended that Council continue to advocate for a holistic master planning approach to the Round Corner/Dural area in conjunction with Hornsby Council and a meeting be sought with the Mayor of Hornsby to discuss matters raised in the report.
The planning proposal seeks to facilitate approximately 2,900 new residential dwellings, including higher density residential development. The draft structure plan includes indicative locations for local parks and one sports field. The planning proposal is supported by a draft Development Control Plan and an infrastructure package.
South Dural is a logical extension of the urban area and conceptually no objection is raised to planning for reasonable urban development in this locality. However, the infrastructure package lacks the necessary detail to appropriately support the intended development and the planning proposal as submitted does not provide sufficient certainty with respect to the development outcomes and residential yields for the precinct.
South Dural is likely to have significant impacts on the Hills Shire in relation to infrastructure, including arterial and local roads, open space, schools, libraries and servicing. The proponent is intending to enter into various Voluntary Planning Agreements, at various stages of the planning process, with the Minister for Planning and Hornsby Shire Council to facilitate the funding of the infrastructure package. If negotiations regarding funding fail in the later stages of the planning process, there may be significant impacts on infrastructure in the Hills Shire.
In addition, the proposed planning controls require further detailed work to provide certainty of the development outcome. The application of the R3 Medium Density