MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 11 October 2022
ITEM SUBJECT PAGE
ITEM 1 CONFIRMATION OF MINUTES 3
ITEM 2 NOTICE OF MOTION - PROTECTION OF NATIVE WILDLIFEC INF 3 ITEM 3 POST EXHIBITION - PLANNING PROPOSAL, DRAFT
DEVELOPMENT CONTROL PLAN AND DRAFT VOLUNTARY PLANNING AGREEMENT – 14-16 BROOKHOLLOW AVENUE, NORWEST (2/2021/PLP)
4
ITEM 4 DRAFT VOLUNTARY PLANNING AGREEMENT - CENTRAL PLAYING FIELDS, GABLES (FP187)
6
ITEM 5 PARRAWEENA AVENUE RESERVE, BAULKHAM HILLS – DOG OFF-LEASH TRIAL
5
ITEM 6 COUNCILLOR ATTENDANCE AT CONFERENCES 7
ITEM 7 ANNUAL PECUNIARY INTEREST RETURNS – 2021/2022 7 ITEM 8 PROPERTY DEALINGS RELATING TO DEVELOPMENT
MATTERS
7
ITEM 9 REQUEST FOR FINANCIAL ASSISTANCE REPAIRS TO PRIVATE DRIVEWAY USED BY PUBLIC DURING FLOODS
7
CLOSED COUNCIL 8
ITEM 10 CROPLEY HOUSE 8
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 11 October 2022
466 PRESENT
Mayor Dr P Gangemi (In the Chair) Clr M Hodges (Deputy Mayor) Clr V Ellis
Clr M Blue Clr R Boneham Clr Dr B Burton Clr R Tracey Clr A Hay OAM Clr Dr M Kasby Clr R Jethi Clr F De Masi Clr J Cox 467 APOLOGIES
Clr J Brazier
468 TIME OF COMMENCEMENT 7.03pm
469 TIME OF COMPLETION 8.46pm
470 DECLARATIONS OF INTEREST Nil.
471 ARRIVALS AND DEPARTURES Nil.
472 DISSENT FROM COUNCIL'S DECISIONS Nil.
473 ADJOURNMENT & RESUMPTION Nil.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 11 October 2022
The Mayor advised in accordance with the Code of Meeting Practice that this meeting is being recorded.
ITEM-1 CONFIRMATION OF MINUTES
A MOTION WAS MOVED BY COUNCILLOR HODGES AND SECONDED BY COUNCILLOR ELLIS THAT the Minutes of the Ordinary Meeting of Council held on 27 September 2022 be confirmed.
THE MOTION WAS PUT AND CARRIED.
474 RESOLUTION
The Minutes of the Ordinary Meeting of Council held on 27 September 2022 be confirmed.
APOLOGIES AND LEAVE OF ABSENCE
A MOTION WAS MOVED BY COUNCILLOR HAY OAM AND SECONDED BY COUNCILLOR JETHI THAT the apology from Councillor Brazier be accepted and leave of absence granted.
THE MOTION WAS PUT AND CARRIED.
475 RESOLUTION
The apology from Councillor Brazier be accepted and leave of absence be granted.
ITEM 2 NOTICE OF MOTION – PROTECTION OF NATIVE WILDLIFE Proceedings in Brief
Katrina Emmett of Galston (in favour) addressed Council regarding this matter.
A MOTION WAS MOVED BY COUNCILLOR DR KASBY AND SECONDED BY COUNCILLOR TRACEY THAT
The Hills Shire Council lobby the NSW State Government to:
1. Introduce enforceable, consistent standards for the preparation of fauna management plans that includes the Code of Practice for handling native wildlife.
2. Develop these standards based on current best practice and animal welfare laws, in consultation with councils, National Parks and Wildlife Service, wildlife rescue organisations, Ecological Consultants Association of NSW Inc, and other relevant agencies.
THE MOTION WAS PUT AND LOST.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 11 October 2022
Councillors TRACEY and DR KASBY rose for a Division. The result of the Division was as follows:-
VOTING FOR THE MOTION Clr Dr M Kasby
Clr Dr B Burton Clr R Tracey Clr A Hay OAM
VOTING AGAINST THE MOTION Mayor Dr P Gangemi
Clr F De Masi Clr V Ellis Clr M Blue Clr J Cox Clr R Jethi Clr M Hodges Clr R Boneham MEETING ABSENT Clr J Brazier
ITEM 3 POST EXHIBITION - PLANNING PROPOSAL, DRAFT DEVELOPMENT CONTROL PLAN AND DRAFT VOLUNTARY PLANNING AGREEMENT – 14-16 BROOKHOLLOW AVENUE, NORWEST (2/2021/PLP)
Proceedings in Brief
Simon Wilkes of Urbis Pty Ltd (in favour) addressed Council regarding this matter.
A MOTION WAS MOVED BY COUNCILLOR HODGES AND SECONDED BY COUNCILLOR JETHI THAT the Recommendation contained in the report be adopted.
THE MOTION WAS PUT AND CARRIED UNANIMOUSLY.
476 RESOLUTION
1. Council enter into the Voluntary Planning Agreement (Attachment 1) and authorise Council’s common seal to be affixed to the Voluntary Planning Agreement.
2. The Voluntary Planning Agreement be executed and registered on the title of the land prior to the planning proposal being progressed to finalisation.
3. The planning proposal progress to finalisation in accordance with this report.
4. Draft amendments to The Hills Development Control Plan 2012 Part D (Attachment 2) be adopted and come into force at the time the associated planning proposal is notified.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 11 October 2022
Being a planning matter, the Mayor called for a division to record the votes on this matter VOTING FOR THE MOTION
Mayor Dr P Gangemi Clr M Hodges Clr F De Masi Clr V Ellis Clr M Blue Clr R Boneham Clr J Cox Clr R Jethi Clr Dr M Kasby Clr Dr B Burton Clr R Tracey Clr A Hay OAM
VOTING AGAINST THE MOTION None
MEETING ABSENT Clr J Brazier
ITEM 5 PARRAWEENA AVENUE RESERVE, BAULKHAM HILLS – DOG OFF-LEASH TRIAL
Proceedings in Brief
Julianne Buckland of Baulkham Hills (in favour) addressed Council through the General Manager regarding this matter.
A MOTION WAS MOVED BY COUNCILLOR TRACEY AND SECONDED BY COUNCILLOR HODGES THAT
1. Council endorse a further six-month trial of a timed dog off-leash area at Parraweena Avenue Reserve, Baulkham Hills between the hours of 4.00pm to 7.00pm each day commencing on Monday 17 October 2022 as per Option 1 set out in this report.
2. The temporary signage be updated in the reserve advising the details of this trial period.
3. A report be prepared for Council following the further six month trial extension to determine the suitability of the site as a permanent shared use dog off-leash area.
THE MOTION WAS PUT AND CARRIED.
477 RESOLUTION
1. Council endorse a further six-month trial of a timed dog off-leash area at Parraweena Avenue Reserve, Baulkham Hills between the hours of 4.00pm to 7.00pm each day commencing on Monday 17 October 2022 as per Option 1 set out in this report.
2. The temporary signage be updated in the reserve advising the details of this trial period.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 11 October 2022
3. A report be prepared for Council following the further six month trial extension to determine the suitability of the site as a permanent shared use dog off-leash area.
ITEM 4 DRAFT VOLUNTARY PLANNING AGREEMENT - CENTRAL PLAYING FIELDS, GABLES (FP187)
A MOTION WAS MOVED BY COUNCILLOR JETHI AND SECONDED BY COUNCILLOR BLUE THAT the Recommendation contained in the report be adopted.
THE MOTION WAS PUT AND CARRIED UNANIMOUSLY.
478 RESOLUTION
1. Council accept, in-principle, the draft Voluntary Planning Agreement submitted by Stockland Development Pty Ltd, provided as Attachment 1.
2. The draft Voluntary Planning Agreement be subject to legal review (at the cost of the developer), updated in accordance with any recommendations of the legal review and subsequently placed on public exhibition.
Being a planning matter, the Mayor called for a division to record the votes on this matter VOTING FOR THE MOTION
Mayor Dr P Gangemi Clr M Hodges Clr V Ellis Clr M Blue Clr R Boneham Clr J Cox Clr Dr B Burton Clr R Tracey Clr A Hay OAM Clr Dr M Kasby Clr R Jethi Clr F De Masi
VOTING AGAINST THE MOTION None
MEETING ABSENT Clr J Brazier
CALL OF THE AGENDA
A MOTION WAS MOVED BY COUNCILLOR JETHI AND SECONDED BY COUNCILLOR COX THAT items 6, 7 and 8 be moved by exception and the recommendations contained therein be adopted.
THE MOTION WAS PUT AND CARRIED.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 11 October 2022
479 RESOLUTION
Items 6, 7 and 8 be moved by exception and the recommendations contained therein be adopted.
ITEM 6 COUNCILLOR ATTENDANCE AT CONFERENCES 480 RESOLUTION
The conference schedule and attendees for the remainder of 2022 and 2023 be endorsed.
ITEM 7 ANNUAL PECUNIARY INTEREST RETURNS – 2021/2022 481 RESOLUTION
Council note the tabling of the returns.
ITEM 8 PROPERTY DEALINGS RELATING TO DEVELOPMENT MATTERS
482 RESOLUTION
Council consent to the release of two drainage easements from the title of Lot 1 DP 1277722, 25 Ashford Avenue, Castle Hill and the associated documents be authorised for execution under seal.
ITEM 9 REQUEST FOR FINANCIAL ASSISTANCE REPAIRS TO PRIVATE DRIVEWAY USED BY PUBLIC DURING FLOODS
A MOTION WAS MOVED BY COUNCILLOR BLUE AND SECONDED BY COUNCILLOR ELLIS THAT the Recommendation contained in the report be adopted.
THE MOTION WAS PUT AND CARRIED.
483 RESOLUTION
1. The General Manager be authorised to provide an amount of up to $1,500.00 for the purchase of materials to repair the private roadway across properties 990 & 1040 River Road Lower Portland under section 356 (1) of the Local Government Act as outlined in the report.
2. The owner of the private roadway be informed that, in future, the area should be secured as similar funding will not be provided and any use or damage is at the owner’s risk.
MATTER ARISING
A MOTION WAS MOVED BY COUNCILLOR BLUE AND SECONDED BY COUNCILLOR JETHI THAT Council officers investigate long term options to reduce water retention above the level of River Road with a report brought back to Council.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 11 October 2022
484 RESOLUTION
Council officers investigate long term options to reduce water retention above the level of River Road with a report brought back to Council.
CLOSED COUNCIL
A MOTION WAS MOVED BY COUNCILLOR HODGES AND SECONDED BY COUNCILLOR BONEHAM THAT
1. The press and public be excluded from the proceedings of Closed Council in respect of Item 10 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 Item 10 in accordance with the following table and Section 11(2) of the Local Government Act.
ITEM NO.: 10
SUBJECT: CROPLEY HOUSE 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 negotiations and valuation details, contained within 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 485 RESOLUTION
1. The press and public be excluded from the proceedings of Closed Council in respect of Item 10 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 Item 10 in accordance with the following table and Section 11(2) of the Local Government Act.
8.45pm Council entered into Closed Session.
ITEM 10 CROPLEY HOUSE C
A MOTION WAS MOVED BY COUNCILLOR HODGES AND SECONDED BY COUNCILLOR BLUE THAT the Recommendation contained in the report be adopted.
THE MOTION WAS PUT AND CARRIED.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 11 October 2022
486 RESOLUTION
Council adopt the recommendation set out in the conclusion of this report.
OPEN COUNCIL
A MOTION WAS MOVED BY COUNCILLOR COX AND SECONDED BY COUNCILLOR JETHI THAT The meeting resume in Open Council.
THE MOTION WAS PUT AND CARRIED.
487 RESOLUTION
The meeting resume in Open Council
At 8.46pm members of the gallery were invited back into the Council Chambers and the Mayor advised that during Closed Council one (1) resolution was passed. The General Manager read out the resolution for Item 10.
The Minutes of the above Meeting were confirmed at the Meeting of the Council held on 26 October 2022
MAYOR GENERAL MANAGER
