MINUTES of the duly convened Extraordinary Meeting of The Hills Shire Council held in the Council Chambers on 15 March 2016

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MINUTES of the duly convened Extraordinary Meeting of The Hills Shire Council held in the Council Chambers on 15 March 2016

This is Page 1 of the Minutes of the Extraordinary Meeting of The Hills Shire Council held on 15 March 2016

ITEM SUBJECT PAGE

ITEM-1 CONFIRMATION OF MINUTES 3

ITEM-2 MATTER REFERRED - DA NO. 465/2016/LD - DEMOLITION OF EXISTING STRUCTURES AND CONSTRUCTION OF A TWO STOREY DWELLING, INGROUND SWIMMING POOL AND RETAINING WALLS - LOT 453 DP 228905 - 7 SANDRINGHAM DRIVE, CARLINGFORD

3

ITEM-3 PLANNING PROPOSAL 153 BOUNDARY ROAD BOX HILL - WATER RECYCLING FACILITY (3/2016/PLP)

10

ITEM-4 SYDNEY METRO NORTHWEST URBAN

TRANSFORMATION - CHERRYBROOK PRECINCT

10

ITEM-5 TENDER 16/22 - RENOWN ROAD SLOPE STABILISATION, BAULKHAM HILLS

12

ITEM-6 TENDER T16/20 - CONSTRUCTION OF STORMWATER DETENTION FACILITY & OPEN SPACE EMBELLISHMENTS, BARINA DOWNS BASIN 2, BAULKHAM HILLS

12

ITEM-7 NEW LOCAL GOVERNMENT LEGISLATION - PHASE 1

13

ITEM-8 OPTION TO RENEW LICENCE FOR BUILDING 11, BALCOMBE HEIGHTS ESTATE, BAULKHAM HILLS BY WOODBURY AUTISM EDUCATION AND RESEARCH LTD

13

ITEM-9 RENEWAL OF LEASES TO GIRL GUIDES ASSOCIATION OF NSW FOR CRESTWOOD RESERVE AND GREEN ROAD RESERVE

12

ITEM-10 LICENCE OF BUILDING 25, BALCOMBE HEIGHTS ESTATE, BAULKHAM HILLS

14

ITEM-11 PURCHASE OF 28 HYNDS ROAD, BOX HILL FOR LOCAL DRAINAGE

12

ITEM-12 PURCHASE OF PART 6 HILLVIEW ROAD, KELLYVILLE FOR PUBLIC RECREATION

13

ITEM-13 PROPOSED AMENDMENTS TO THE LICENCE OF CAFE AT 3 COLUMBIA COURT, BAULKHAM HILLS

15

ITEM-14 POTENTIAL PROPERTY PURCHASE 16

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MINUTES of the duly convened Extraordinary Meeting of The Hills Shire Council held in the Council Chambers on 15 March 2016

This is Page 2 of the Minutes of the Extraordinary Meeting of The Hills Shire Council held on 15 March 2016

93 PRESENT

Clr Dr M R Byrne Adjunct Professor (Mayor, in the Chair) Clr Y D Keane (Deputy Mayor)

Clr Dr P J Gangemi Clr R K Harty OAM Clr A J Hay OAM Clr A N Haselden Clr A C Jefferies Clr Dr J N Lowe Clr R A Preston Clr M G Thomas Clr R M Tracey 94 APOLOGIES

Clr M O Taylor MP

95 TIME OF COMMENCEMENT 7.03pm.

96 TIME OF COMPLETION 8.30pm.

97 DECLARATIONS OF INTEREST Nil.

98 ARRIVALS AND DEPARTURES

7.06pm Councillor Jefferies arrived at the meeting during Item 2.

8.02pm Councillor Jefferies left the meeting and returned at 8.04pm during Item 8.

8.15pm Councillor Dr Lowe left the meeting and returned at 8.16pm during Item 8.

99 DISSENT FROM COUNCIL'S DECISIONS Item 8 Councillor Tracey

Item 10 Councillor Tracey

100 ADJOURNMENT & RESUMPTION Nil.

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MINUTES of the duly convened Extraordinary Meeting of The Hills Shire Council held in the Council Chambers on 15 March 2016

ITEM-1 CONFIRMATION OF MINUTES

A MOTION WAS MOVED BY COUNCILLOR TRACEY AND SECONDED BY COUNCILLOR PRESTON THAT the Minutes of the Ordinary Meeting of Council held on 23 February 2016 be confirmed.

THE MOTION WAS PUT AND CARRIED.

101 RESOLUTION

The Minutes of the Ordinary Meeting of Council held on 23 February 2016 be confirmed.

APOLOGIES

A MOTION WAS MOVED BY COUNCILLOR HARTY OAM AND SECONDED BY COUNCILLOR DR LOWE THAT the apology from Councillor Taylor MP be accepted and leave of absence granted.

THE MOTION WAS PUT AND CARRIED.

102 RESOLUTION

The apology from Councillor Taylor MP be accepted and leave of absence granted.

7.06pm Councillor Jefferies arrived at the meeting during Item 2.

ITEM-2 MATTER REFERRED - DA NO. 465/2016/LD - DEMOLITION OF EXISTING STRUCTURES AND CONSTRUCTION OF A TWO STOREY DWELLING, INGROUND SWIMMING POOL AND RETAINING WALLS - LOT 453 DP 228905 - 7 SANDRINGHAM DRIVE, CARLINGFORD

Proceedings in Brief

Mr Michael Sullivan, Objector, resident of Carlingford addressed Council regarding this matter.

Mr Ray Hekeik, Applicant, addressed Council regarding this matter.

A MOTION WAS MOVED BY COUNCILLOR HASELDEN AND SECONDED BY COUNCILLOR THOMAS THAT the Recommendation contained in the report be adopted.

THE MOTION WAS PUT AND CARRIED.

103 RESOLUTION

The Development Application be approved subject to the following conditions of consent.

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MINUTES of the duly convened Extraordinary Meeting of The Hills Shire Council held in the Council Chambers on 15 March 2016

GENERAL MATTERS

1. Development in Accordance with Submitted Plans

The development being carried out in accordance with the following approved plans and details, stamped and returned with this consent except where amended by other conditions of consent.

REFERENCED PLANS AND DOCUMENTS

DWG NO. DESCRIPTION SHEET REV DATE

Survey Plan 1 of 1 18/06/2014

Site / Ground Floor Plan DA 01 C December 2015 Site / Lower Ground Floor DA 02 C December 2015

Elevations DA 03 C December 2015

Section A-A / Pool Details DA 04 C December 2015 Shadow Diagram / Site Analysis DA 05 C December 2015 Calculations / Details DA 06 C December 2015

15150 DA 1 Landscape Concept Plan A 03/09/2015

D1 Stormwater Management Plan:

Details, Notes & Legend

A 03/09/2015

Site / Ground Floor Plan & Details

A 03/09/2015

Lower Ground Floor Plan

A 03/09/2015

Roof Drainage Plan

A 03/09/2015

Stormwater Details

A 03/09/2015

D6 Sediment Control Plan A 03/09/2015

D7 Sediment Control Details A 03/09/2015

No work (including excavation, land fill or earth reshaping) shall be undertaken prior to the issue of the Construction Certificate, where a Construction Certificate is required.

2. Construction Certificate

Prior to construction of the approved development, it is necessary to obtain a Construction Certificate. A Construction Certificate may be issued by Council or an Accredited Certifier. Plans submitted with the Construction Certificate are to be amended to incorporate the conditions of the Development Consent.

3. Building Work to be in Accordance with BCA

All building work must be carried out in accordance with the provisions of the Building Code of Australia.

4. Adherence to Waste Management Plan

All requirements of the Waste Management Plan submitted to and approved by Council must be implemented during the construction and/ or demolition phases of the

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MINUTES of the duly convened Extraordinary Meeting of The Hills Shire Council held in the Council Chambers on 15 March 2016

development, as well as the ongoing management phase. The information submitted can change provided that the same or a greater level of reuse and recycling is achieved as detailed in the plan.

Any material moved offsite is to be transported in accordance with the requirements of the Protection of the Environment Operations Act 1997 and only to a place that can lawfully be used as a waste facility. Receipts of all waste/ recycling tipping must be kept onsite at all times and produced in a legible form to any authorised officer of the Council who asks to see them.

5. Management of Construction and/ or Demolition Waste

Waste materials must be appropriately stored and secured within a designated waste area onsite at all times, prior to its reuse onsite or being sent offsite. This includes waste materials such as paper and containers which must not litter the site or leave the site onto neighbouring public or private property. A separate dedicated bin must be provided onsite by the builder for the disposal of waste materials such as paper, containers and food scraps generated by all workers.

Building waste containers are not permitted to be placed on public property at any time unless a separate application is approved by Council to locate a building waste container in a public place. Any material moved offsite is to be transported in accordance with the requirements of the Protection of the Environment Operations Act 1997 and only to a place that can lawfully be used as a waste facility.

The separation and recycling of the following waste materials is required: metals, timber, masonry products and clean waste plasterboard. This can be achieved by source separation onsite, that is, a bin for metal waste, a bin for timber, a bin for bricks and so on. Alternatively, mixed waste may be stored in one or more bins and sent to a waste contractor or transfer/ sorting station that will sort the waste on their premises for recycling. Receipts of all waste/ recycling tipping must be kept onsite at all times and produced in a legible form to any authorised officer of the Council who asks to see them.

6. Demolition Inspections

Before demolition works commence, a pre-demolition inspection must be arranged with Council’s Development Certification team. All conditions required to be addressed before works commence must be satisfied. Once demolition works are complete, a post demolition inspection must be arranged with Council’s Development Certification team.

7. Demolition Notification

Both Council and any adjoining properties must be notified in writing five days before demolition works commence.

8. Surplus Excavated Material

The disposal of surplus excavated material, other than to a licenced waste facility, is not permitted without the formal approval of Council prior to works commencing onsite. Any unauthorized disposal of waste, which includes excavated material, is a breach of the Protection of the Environment Operations Act 1997 and subject to substantial penalties.

Receipts of all waste/ recycling tipping must be kept onsite at all times and produced in a legible form to any authorised officer of the Council who asks to see them.

9. Commencement of Domestic Waste Service

The property owner or agent acting for the owner must ensure to arrange the commencement of a domestic waste service with Council. The service is to be arranged no earlier than two days prior to occupancy and no later than two days after occupancy of the development. All requirements of Council’s domestic collection service must be complied with at all times. Please telephone Council on (02) 9843 0310 for the commencement of waste services.

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MINUTES of the duly convened Extraordinary Meeting of The Hills Shire Council held in the Council Chambers on 15 March 2016

10. Provision of Domestic Waste Storage Area

Sufficient space must be allocated onsite to store a minimum of three 240 litre mobile bins (for waste streams as determined by Council). Note two separate areas are required for dual occupancies. The location is required to ensure that the bins are not visible from any adjoining property or public place, are easily accessible by future occupants and allow the bins to be wheeled to the street over flat or ramped surfaces, grade not to exceed 1:14, and not over steps, kerbs, landscape edging or through a habitable area of the dwelling.

11. Planting Requirements

The proposed plantings of Tristaniopsis Laurina are to be replaced with the following species:

 Grevillea ‘Moonlight’

 Ceratopetalum gummiferum (NSW Christmas Bush)

 Buckinghamia celsissima (Ivory Curl Tree) 12. External Finishes

External finishes and colours shall be in accordance with the details submitted with the development application and approved with this consent.

PRIOR TO WORK COMMENCING ON THE SITE 13. Principal Certifying Authority

A sign is to be erected in accordance with Clause 98 A (2) of the Environmental Planning and Assessment Regulations 2000.

14. Builder and PCA Details Required

Notification in writing of the builder’s name, address, telephone and fax numbers to be submitted to the Principal Certifying Authority prior to work commencing.

Two days before work commences, Council shall be notified of the Principal Certifying Authority in accordance with the Regulations.

15. Management of Building Sites – Builder’s Details

The erection of suitable fencing or other measures to restrict public access to the site and building works, materials or equipment when the building work is not in progress or the site is otherwise unoccupied.

The erection of a sign, in a prominent position, stating that unauthorised entry to the site is not permitted and giving an after-hours contact name and telephone number. In the case of a privately certified development, the name and contact number of the Principal Certifying Authority.

16. Consultation with Service Authorities

Applicants are advised to consult with Telstra, NBN Co and Australia Post regarding the installation of telephone conduits, broadband connections and letterboxes as required.

Unimpeded access must be available to the electricity supply authority, during and after building, to the electricity meters and metering equipment.

The building plans must be submitted to the appropriate Sydney Water office to determine whether the development will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements. If the development complies with Sydney Water’s requirements, the building plans will be stamped indicating that no further requirements are necessary.

17. Demolition Works and Asbestos Management

The demolition of any structure is to be carried out in accordance with the Work Health and Safety Act 2011. All vehicles transporting demolition materials offsite are to have covered loads and are not to track any soil or waste materials on the road. Should demolition works obstruct or inconvenience pedestrian or vehicular traffic on adjoining

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public road or reserve, a separate application is to be made to Council to enclose the public place with a hoard or fence.

All demolition works involving the removal and disposal of asbestos (of an area more than 10 square metres) must only be undertaken by a licenced asbestos removalist who is licenced to carry out the work. Asbestos removal must be carried out in accordance with the WorkCover, Environment Protection Authority and Office of Environment and Heritage requirements. Asbestos to be disposed of must only be transported to waste facilities licenced to accept asbestos. No asbestos products are to be reused on the site.

18. Approved Temporary Closet

An approved temporary closet connected to the sewers of Sydney Water, or alternatively an approved chemical closet is to be provided on the land, prior to building operations being commenced.

19. Erosion and Sedimentation Controls

Erosion and sedimentation controls shall be in place prior to the commencement of site works; and maintained throughout construction activities until the site is landscaped and/or suitably revegetated. The controls shall be in accordance with the details approved by Council and/or as directed by Council Officers. These requirements shall be in accordance with Managing Urban Stormwater – Soils and Construction produced by the NSW Department of Housing (Blue Book).

20. Stabilised Access Point

A stabilised all weather access point is to be provided prior to commencement of site works, and maintained throughout construction activities until the site is stabilised. The controls shall be in accordance with the requirements with the details approved by Council and/or as directed by Council Officers. These requirements shall be in accordance with Managing Urban Stormwater – Soils and Construction produced by the NSW Department of Housing (Blue Book).

21. Sydney Water Building Plan Approval

A building plan approval must be obtained from Sydney Water Tap in™ to ensure that the approved development will not impact Sydney Water infrastructure. A copy of the building plan approval receipt from Sydney Water Tap in™ must be submitted to the Principal Certifying Authority upon request prior to works commencing.

Please refer to the web site http://www.sydneywater.com.au/tapin/index.htm , Sydney Water Tap in™, or telephone 13 20 92.

DURING CONSTRUCTION 22. Hours of Work

Work on the project to be limited to the following hours:

a) Monday to Saturday - 7.00am to 5.00pm;

b) No work to be carried out on Sunday or Public Holidays.

The builder/contractor shall be responsible to instruct and control sub-contractors regarding the hours of work.

23. Dust Control

The emission of dust must be controlled to minimise nuisance to the occupants of the surrounding premises. In the absence of any alternative measures, the following measures must be taken to control the emission of dust:

a) Dust screens must be erected around the perimeter of the site and be kept in good repair for the duration of the construction work;

b) All dusty surfaces must be wet down and suppressed by means of a fine water spray. Water used for dust suppression must not cause water pollution; and c) All stockpiles of materials that are likely to generate dust must be kept damp or

covered.

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24. Survey Report

Survey Certificate to be submitted to the Principal Certifying Authority at footings and/or formwork stage. The certificate shall indicate the location of the building in relation to all boundaries, and shall confirm the floor level prior to any work proceeding on the building.

25. Compliance with BASIX Certificate

Under clause 97A of the Environmental Planning and Assessment Regulation 2000, it is a condition of this Development Consent that all commitments listed in BASIX Certificate No. 661863Sbe complied with. Any subsequent version of this BASIX Certificate will supersede all previous versions of the certificate.

A Section 96 Application may be required should the subsequent version of this BASIX Certificate necessitate design changes to the development. However, a Section 96 Application will be required for a BASIX Certificate with a new number.

26. Compliance with Critical Stage Inspections and Other Inspections Nominated by the Principal Certifying Authority

Section 109E(3)(d) of the Act requires certain specific inspections (prescribed by Clause 162A of the Regulations) and known as “Critical Stage Inspections” to be carried out for building work. Prior to permitting commencement of the work, your Principal Certifying Authority is required to give notice of these inspections pursuant to Clause 103A of the Regulations.

N.B. An Occupation Certificate cannot be issued and the building may not be able to be used or occupied where any mandatory critical stage inspections or other inspections required by the Principal Certifying Authority are not carried out.

Where Council is nominated as Principal Certifying Authority, notification of all inspections required is provided with the Construction Certificate approval.

NOTE: You are advised that inspections may only be carried out by the PCA unless by prior agreement of the PCA and subject to that person being an accredited certifier.

27. Roof Water Drainage

Gutter and downpipe and/or rainwater tank overflow, to be provided and connected to an approved lawful discharge point (ie. kerb, inter-allotment drainage easement or OSD) upon installation of roof coverings.

28. Filtration Motor Noise

The sound pressure level of the swimming pool filter and pump equipment shall not exceed (at the boundary) a level greater than 5dB (A) above the background noise level in accordance with Protection of the Environmental Operations Act 1997. If the noise of the filter causes a nuisance to the occupiers of adjacent dwellings, the swimming pool filter and pump shall be fully enclosed in an enclosure to attenuate noise emitted by the swimming pool equipment.

29. Pool Discharge Water

Discharge and/or overflow pipe from the swimming pool and filtration unit to be connected to the sewer where available.

All backwash water from the filtration unit is to be similarly disposed, or alternatively, must be piped to an absorption trench.

The pool excavations not to conflict with the position of household drainage trenches or lines, the position of which must be ascertained before pool excavation commences.

30. Pool not to be Filled Until Occupation

The pool is not to be filled with water until the dwelling is occupied.

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31. Swimming Pool Safety Fencing

All pools and safety barriers are to comply with the Swimming Pools Act 1992, the Swimming Pools Regulation 2008 and Australian Standard 1926.1-2012. A fact sheet titled Swimming Pool Fencing Requirements is available from www.thehills.nsw.gov.au.

It should be noted that any steps, retaining walls, objects (for example – planter boxes, pump enclosures and the like) or level changes that would otherwise reduce the height of the barrier within a property shall not be located within 500mm of the barrier.

32. Resuscitation Warning Notice

In accordance with the Swimming Pools Regulation 2008, a Warning Notice is to be displayed in a prominent position, in the immediate vicinity of the swimming pool. The notice is to contain a diagrammatic flow chart of resuscitation techniques, the words:

a) "YOUNG CHILDREN SHOULD BE SUPERVISED WHEN USING THIS SWIMMING POOL", and

b) "POOL GATES MUST BE KEPT CLOSED AT ALL TIMES", and

c) "KEEP ARTICLES, OBJECTS AND STRUCTURES AT LEAST 900 MILLIMETRES CLEAR OF THE POOL FENCE AT ALL TIMES",

And all other details required by the Regulation.

PRIOR TO ISSUE OF AN OCCUPATION CERTIFICATE 33. Registration of Swimming Pool/Spa

Prior to issue of an Occupation Certificate the swimming pool/spa is to be registered on the NSW state register of swimming pools and spas. To register the swimming pool/spa you are to log onto www.swimmingpoolregister.nsw.gov.au and follow the prompts. A copy of the registration certificate is to be submitted to the PCA to confirm the registration.

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 Adjunct Professor Clr Keane

Clr Preston Clr A N Haselden Clr Thomas Clr Tracey Clr Dr Gangemi Clr Harty OAM Clr Dr Lowe

VOTING AGAINST THE MOTION Clr Hay OAM

Clr Jefferies ABSENT Clr Taylor MP

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ITEM-3 PLANNING PROPOSAL 153 BOUNDARY ROAD BOX HILL - WATER RECYCLING FACILITY (3/2016/PLP) A MOTION WAS MOVED BY COUNCILLOR PRESTON AND SECONDED BY COUNCILLOR HAY OAM THAT the Recommendation contained in the report be adopted.

104 RESOLUTION

1. A planning proposal be forwarded to the Department of Planning and Environment for a Gateway Determination to amend the Land Zoning Map to rezone part of 153 Boundary Road, Box Hill (Part Lot 10 DP 593517) from R3 Medium Density Residential to SP2 Infrastructure.

2. The draft amendments to DCP 2012 (Part D Section 17 – Box Hill North) be exhibited in conjunction with the exhibition of the planning proposal.

Clr Preston Clr A N Haselden Clr Thomas Clr Dr Gangemi Clr Harty OAM Clr Dr Lowe Clr Jefferies Clr Hay OAM

VOTING AGAINST THE MOTION Clr Tracey

ABSENT Clr Taylor MP

ITEM-4 SYDNEY METRO NORTHWEST URBAN

TRANSFORMATION - CHERRYBROOK PRECINCT A MOTION WAS MOVED BY COUNCILLOR HARTY OAM AND SECONDED BY COUNCILLOR TRACEY THAT the Recommendation contained in the report be adopted.

THE MOTION WAS PUT AND CARRIED UNANIMOUSLY.

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105 RESOLUTION

1. Council endorse the Cherrybrook Project Plan.

2. Council authorise UrbanGrowth NSW to commence community engagement on the overarching vision for the Sydney Metro Northwest Urban Transformation Projects and Cherrybrook Precinct early in 2016.

3. Council allocate $207,500 for the preparation of shared technical studies, local technical studies and geotechnical review for the Cherrybrook Precinct in the next Budget Review.

Clr Preston Clr A N Haselden Clr Thomas Clr Dr Gangemi Clr Harty OAM Clr Dr Lowe Clr Jefferies Clr Hay OAM Clr Tracey

VOTING AGAINST THE MOTION Nil

ABSENT Clr Taylor MP

CALL OF THE AGENDA

A MOTION WAS MOVED BY COUNCILLOR HARTY OAM AND SECONDED BY COUNCILLOR DR LOWE THAT Items 5, 6, 9, 11 and 12 be moved by exception and the recommendations contained in the reports be adopted.

THE MOTION WAS PUT AND CARRIED.

106 RESOLUTION

Items 5, 6, 9, 11 and 12 be moved by exception and the recommendations contained in the reports be adopted.

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ITEM-5 TENDER 16/22 - RENOWN ROAD SLOPE

STABILISATION, BAULKHAM HILLS 107 RESOLUTION

1. Council accept the tender from Sporting Services (Construction) Pty Ltd, trading as Pan Civil for the Renown Road Slope Stability Works and Drainage Improvements and approves expenditure up to $287,312 (excluding GST) for the Tender amount including contingency.

2. Council approve additional funds from the Capital Works Reserve of $90,000

ITEM-6 TENDER T16/20 - CONSTRUCTION OF STORMWATER DETENTION FACILITY & OPEN SPACE EMBELLISHMENTS, BARINA DOWNS BASIN 2, BAULKHAM HILLS

108 RESOLUTION

1. Council accepts the tender from Collective Civil Pty Ltd for the Construction of the Stormwater Detention Facility & Open Space Embellishments for Barina Downs Basin 2, Baulkham Hills and approves expenditure up to $528,340.80 (excluding GST) for the Tender amount including contingency.

2. Council approve additional funds from the Capital Works Reserve of $190,044.13 pending reimbursement from Section 94A funds.

ITEM-9 RENEWAL OF LEASES TO GIRL GUIDES

ASSOCIATION OF NSW FOR CRESTWOOD RESERVE AND GREEN ROAD RESERVE

109 RESOLUTION

Subject to compliance with Section 47 of the Local Government Act 1993, Council grant leases to Girl Guides Association of NSW for Halls at Crestwood Reserve and Greens Road Reserve under the terms and conditions set out in this report with the Leases authorised for execution under seal (ECM DOCUMENT NO. 13926135).

ITEM-11 PURCHASE OF 28 HYNDS ROAD, BOX HILL FOR LOCAL DRAINAGE

110 RESOLUTION

1. Council agree to purchase Lot 2 DP 621465, 28 Hynds Road, Box Hill being land designated public recreation for the price detailed in this report 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.

3. The owners be granted a rent free period of six weeks after settlement.

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ITEM-12 PURCHASE OF PART 6 HILLVIEW ROAD, KELLYVILLE FOR PUBLIC RECREATION

111 RESOLUTION

1. Council agree to purchase Lot 104 DP 1206921, 6 Hillview Road, Kellyville being land designated public recreation for the price detailed in this report 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.

ITEM-7 NEW LOCAL GOVERNMENT LEGISLATION - PHASE 1 A MOTION WAS MOVED BY COUNCILLOR HASELDEN AND SECONDED BY COUNCILLOR DR LOWE THAT the Recommendation contained in the report be adopted.

THE MOTION WAS PUT AND CARRIED.

112 RESOLUTION

The General Manager make a submission on proposed amendments to the Local Government Act 1993 as outlined in this report as well as incorporating any matters raised at the meeting.

8.02pm Councillor Jefferies left the meeting and returned at 8.04pm during Item 8.

8.15pm Councillor Dr Lowe left the meeting and returned at 8.16pm during Item 8.

ITEM-8 OPTION TO RENEW LICENCE FOR BUILDING 11, BALCOMBE HEIGHTS ESTATE, BAULKHAM HILLS BY WOODBURY AUTISM EDUCATION AND RESEARCH LTD

A MOTION WAS MOVED BY COUNCILLOR TRACEY AND SECONDED BY COUNCILLOR HARTY OAM THAT subject to compliance with Section 47 of the Local Government Act 1993, Council grant the option for five (5) years to Woodbury Autism Education and Research Ltd for Building 11, Balcombe Heights Estate, Baulkham Hills with rent being capped at $26,000 plus GST per annum with a Licence authorised for execution under seal (ECM DOCUMENT NO. 12095989).

THE MOTION WAS PUT AND LOST.

A MOTION WAS MOVED BY COUNCILLOR PRESTON AND SECONDED BY COUNCILLOR THOMAS THAT the Recommendation contained in the report be adopted.

113 RESOLUTION

Subject to compliance with Section 47 of the Local Government Act 1993, Council grant the option for five (5) years to Woodbury Autism Education and Research Ltd for Building

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11, Balcombe Heights Estate, Baulkham Hills under the terms and conditions set out in the report, with a Licence authorised for execution under seal (ECM DOCUMENT NO.

12095989).

(Councillor Tracey requested his name be recorded as opposing the Resolution of the Council in this matter).

ITEM-10 LICENCE OF BUILDING 25, BALCOMBE HEIGHTS ESTATE, BAULKHAM HILLS

A MOTION WAS MOVED BY COUNCILLOR TRACEY THAT Subject to compliance with Section 47 of the Local Government Act 1993, Council grant a five (5) year Licence to Lifestart Cooperative Limited for Building 25, Balcombe Heights Estate, Baulkham Hills with a capped rent of $18,000 plus GST per annum.

THE MOTION LAPSED THROUGH WANT OF A SECONDER.

A MOTION WAS MOVED BY COUNCILLOR THOMAS AND SECONDED BY COUNCILLOR PRESTON THAT the Recommendation contained in the report be adopted.

114 RESOLUTION

Subject to compliance with Section 47 of the Local Government Act 1993, Council grant a five (5) year Licence to Lifestart Cooperative Limited for Building 25, Balcombe Heights Estate, Baulkham Hills under the terms and conditions set out in this report (ECM DOCUMENT NO. 10379713).

(Councillor Tracey requested his name be recorded as opposing the Resolution of the Council in this matter).

CLOSED COUNCIL

A MOTION WAS MOVED BY COUNCILLOR JEFFERIES AND SECONDED BY COUNCILLOR HASELDEN THAT

1. The press and public be excluded from the proceedings of Closed Council in respect of Items 13 and 14 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 13 and 14 in accordance with the following table and Section 11(2) of the Local Government Act.

ITEM NO.: 13

SUBJECT: PROPOSED AMENDMENTS TO THE LICENCE OF CAFE AT 3 COLUMBIA COURT, BAULKHAM HILLS

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.

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Section: 10A(2)(c)

Public Interest On balance, the public interest in preserving the confidentiality about the financial and other details 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 the intended lessees, preventing it from achieving a

‘best value for money” outcome for the wider community.

ITEM NO.: 14

SUBJECT: POTENTIAL PROPERTY PURCHASE 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 other details 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 the intended lessees, preventing it from achieving a

‘best value for money” outcome for the wider community.

THE MOTION WAS PUT AND CARRIED 115 RESOLUTION

1. The press and public be excluded from the proceedings of Closed Council in respect of Items 13 and 14 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 13 and 14 in accordance with the above table and Section 11(2) of the Local Government Act.

8.28pm Council entered into Closed Session.

ITEM-13 PROPOSED AMENDMENTS TO THE LICENCE OF CAFE AT 3 COLUMBIA COURT, BAULKHAM HILLS

A MOTION WAS MOVED BY COUNCILLOR HARTY OAM AND SECONDED BY COUNCILLOR DR LOWE THAT THAT the Recommendation contained in the report be adopted.

THE MOTION WAS PUT AND CARRIED.

116 RESOLUTION

Council authorise a variation to the current licence agreement to Maurice’s for the operation of the Café at 3 Columbia Court, Baulkham Hills as detailed in this report.

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MINUTES of the duly convened Extraordinary Meeting of The Hills Shire Council held in the Council Chambers on 15 March 2016

ITEM-14 POTENTIAL PURCHASE 7A GARTHOWEN CRESCENT, CASTLE HILL

A MOTION WAS MOVED BY COUNCILLOR HARTY OAM AND SECONDED BY COUNCILLOR DR LOWE THAT the Recommendation contained in the report be adopted.

THE MOTION WAS PUT AND CARRIED.

117 RESOLUTION

1. Council agree to purchase of Lot 172, DP 523792, 7A Garthowen Crescent, Castle Hill for the price and terms detailed in this report with a Deed, Contract and Transfer authorised for execution under seal.

2. The subject land be classified as “Operational Land” pursuant to Section 25 of the Local Government Act 1993.

3. Council utilise funds from the Land Development Reserve to purchase the property.

OPEN COUNCIL

A MOTION WAS MOVED BY COUNCILLOR THOMAS AND SECONDED BY COUNCILLOR PRESTON THAT the meeting resume in Open Council.

THE MOTION WAS PUT AND CARRIED.

118 RESOLUTION

The meeting resume in Open Council

At 8.29pm members of the gallery were invited back into the Council Chambers and the Mayor advised that during Closed Council two (2) resolutions were passed. The General Manager read out the resolutions for Items 13 and 14.

The Minutes of the above Meeting were confirmed at the Ordinary Meeting of the Council held on 22 March 2016.

MAYOR GENERAL MANAGER