MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 12 February 2019

(1)

MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 12 February 2019

13 RESOLUTION

1. Council request the NSW Department of Industry to appoint Council as the Crown Land Manager for Reserve No.93450 at 8Z Gilbert Road, Castle Hill (Lot 224 DP 7520020).

2. Council commence consultation with the Hills District Pony Club, NSW Pony Club Association, and the Department of Industry as part of the preparation of a transition plan to relocate the Pony Club to an alternative site.

ITEM-2 AMENDMENT TO BOX HILL VOLUNTARY PLANNING AGREEMENT 5/2018/VPA

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

THE MOTION WAS PUT AND CARRIED UNANIMOUSLY.

14 RESOLUTION

Council consent to the written request to vary Schedule 1 of Voluntary Planning Agreement 5/2018/VPA and authorise the issuing of a letter of acceptance in response.

Being a planning matter, the Mayor called for a division to record the votes on this matter VOTING FOR THE MOTION

Mayor Dr M R Byrne Clr A N Haselden Clr R A Preston Clr Dr P J Gangemi Clr B L Collins OAM Clr R Jethi

Clr J Jackson Clr M G Thomas Clr E M Russo Clr F P De Masi Clr A J Hay OAM Clr R M Tracey Clr S P Uno

VOTING AGAINST THE MOTION None

CALL OF THE AGENDA

A MOTION WAS MOVED BY COUNCILLOR HAY OAM AND SECONDED BY COUNCILLOR COLLINS OAM THAT items 4, 6, 7, 8, 9 and 11 be moved by exception and the recommendations contained therein be adopted.

THE MOTION WAS PUT AND CARRIED.

(2)

ORDINARY MEETING OF COUNCIL 12 FEBRUARY, 2019

ITEM-2 AMENDMENT TO BOX HILL VOLUNTARY PLANNING AGREEMENT 5/2018/VPA

THEME: Valuing our Surroundings

OUTCOME: 5 Well planned and liveable neighbourhoods that meets growth targets and maintains amenity.

STRATEGY:

5.1 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: 12 FEBRUARY 2019 COUNCIL MEETING

AUTHOR:

PRINCIPAL COORDINATOR – SUBDIVISION AND RELEASE AREAS

BEN HAWKINS

RESPONSIBLE OFFICER:

MANAGER – SUBDIVISION AND DEVELOPMENT CERTIFICATION

ANDREW BROOKS

REPORT

The purpose of this report is to seek endorsement for minor amendments to an existing voluntary planning agreement 5/2018/VPA between The Hills Shire Council and Jundu Pty Ltd and Mogul Stud Pty Ltd.

The Voluntary Planning Agreement (VPA) was reported to Council on 12 June 2018 and has been amended previously. Schedule 1 lists the works and actions required by the developer in lieu of paying Section 7.11 developer contributions, along with the timing of these works and actions. The applicant (Jundu Pty Ltd and Mogul Stud Pty Ltd) is seeking to amend the timing for the works and actions described below. No change is proposed to the actual list of works or actions required, only the timing of delivery is sought to be amended. Currently, there are 11 matters required with the timing of delivery specified in the VPA as:

Immediately prior to the issue of the Subdivision Certificate for the creation of the first Final Lot in Stage 2

Stage 2 of the development was approved by Development Consent 1509/2015/JPZ on 15 December 2016 and has been the subject of various subsequent amendments. Stage 2 is divided into seven sub-stages (Stages 2A through to 2G). With respect to Schedule 1 of the VPA, a reference to the first Final Lot in Stage 2 means any of these sub-stages. The applicant has completed subdivision works and is seeking to finalise Stages 2A and 2B, which will be used as a Homeworld exhibition village as separately approved by Development Consent 800/2016/HB. Stages 2C through to 2G are yet to commence.

(3)

ORDINARY MEETING OF COUNCIL 12 FEBRUARY, 2019

delivered prior to Stages 2C through to 2G being finalised. The other six matters will remain unchanged and be delivered by the applicant before Stages 2A and 2B are finalised.

The matters proposed to be deferred are referenced in the VPA as items 10, 29, 65, 81, 29L and relate to a planned basin, road, bridge, roundabout and the dedication of the road, respectively. All of these items are located south of the Stage 2 area and connect the development to Windsor Road. For these five matters, the amended timing is proposed as follows:

Immediately prior to the issue of the Subdivision Certificate for the creation of the first Final Lot in Stages 2C, 2D, 2E, 2F and/ or 2G.

Items 22, 30, 31, 72, 30L and 31L will remain as a requirement in order for Subdivision Certificates relating to Stages 2A and 2B to be issued by Council. By delivering these matters, Stages 2A and 2B are able to be accessed and serviced by the road network that connects the site to Boundary Road (via Brahman Road) to the west.

Clause 7 of the VPA permits the applicant to request variations to Schedule 1 and for Council to consider such a request, provided the variation is generally consistent with the intended objectives of the VPA. Council staff have considered the variations and deemed them to be generally consistent with the intended objectives of the VPA. The agreement to any variation requested under Clause 7 must be made in writing (refer Attachment 2). The matter has therefore been reported to Council for endorsement noting the existing VPA was reported to Council on 12 June 2018.

IMPACTS Financial

This matter has no direct financial impact upon Council's adopted budget or forward estimates. It should be noted that the proposed amendment relates to timing of delivery and does not seek to amend any required work or actions required by the VPA.

The Hills Future Community Strategic Plan

The development is consistent with the planning principles, vision and objectives outlined within “Hills 2026 – Looking Towards the Future” as the proposed development provides for satisfactory urban growth without adverse environmental or social amenity impacts and ensures a consistent built form is provided with respect to the streetscape and general locality.

RECOMMENDATION

Council consent to the written request to vary Schedule 1 of Voluntary Planning Agreement 5/2018/VPA and authorise the issuing of a letter of acceptance in response.

ATTACHMENTS

1. Locality Plan (1 page)

2. Written Request to Vary Planning Agreement (1 page) 3. Planning Agreement Indicative Staging Plan (1 page) 4. Planning Agreement Schedule 1 (2 pages)

5. DA 1509/215/JPZ Staging (1 page)

(4)

ORDINARY MEETING OF COUNCIL 12 FEBRUARY, 2019

ATTACHMENT 1 – LOCALITY PLAN

Subject Site (Land Subject to the Planning Agreement) – Black Outline

(5)

ORDINARY MEETING OF COUNCIL 12 FEBRUARY, 2019

ATTACHMENT 2 – WRITTEN REQUEST TO VARY PLANNING AGREEMENT

(6)

ATTACHMENT 3 – PLANNING AGREEMENT INDICATIVE STAGING PLAN

(7)

ATTACHMENT 4 – PLANNING AGREEMENT SCHEDULE 1

(8)

(9)

ATTACHMENT 5 – DA 1509/2015/JPZ STAGING