MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 10 September 2019
ITEM SUBJECT PAGE
ITEM-1 CONFIRMATION OF MINUTES 3
MAYORAL MINUTE NO. 13/2019 - EVELYN LESTER’S CONTRIBUTION TO THE HILLS SES
3
ITEM-2 ELECTION OF DEPUTY MAYOR 7
ITEM-3 PLANNING PROPOSAL - 51-55 OLD CASTLE HILL ROAD, CASTLE HILL (14/2019/PLP)
4
ITEM-4 POST EXHIBITION - PLANNING PROPOSAL - 10, 12 AND 14 RED GABLES ROAD, BOX HILL (2/2019/PLP)
5
ITEM-5 REVIEW OF WARD BOUNDARIES 6
ITEM-6 MINUTES OF AUDIT COMMITTEE MEETING - 20 AUGUST 2019
7
ITEM-7 PROPERTY DEALINGS RELATING TO DEVELOPMENT MATTERS
7
ITEM-8 PURCHASE OF LAND AT PART 52 TERRY ROAD, BOX HILL FOR PUBLIC RECREATION
7
ITEM-9 EASEMENT FOR UNDERGROUND CABLES - LOT 422 DP 1167332 WINDSOR ROAD, KELLYVILLE
7
ITEM-10 OUT-OF-WATER SURVEY AND OVERHAUL OF THE LOWER PORTLAND FERRY - CONSIDERATION OF TENDERS
9
ITEM-11 LOCAL GOVERNMENT NSW ANNUAL CONFERENCE DELEGATES
9
QUESTIONS WITHOUT NOTICE 11
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 10 September 2019
448 PRESENT
Mayor Dr M R Byrne (In the Chair) 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
449 APOLOGIES
Clr A N Haselden (Deputy Mayor)
450 TIME OF COMMENCEMENT 7.07pm
451 TIME OF COMPLETION 9.39pm
452 DECLARATIONS OF INTEREST Item 10 – Councillor Preston
453 ARRIVALS AND DEPARTURES
7.39pm Councillor Hay OAM arrived at the meeting during Item 3.
9.07pm Councillor Preston having previously declared a non-pecuniary, significant conflict of interest left the room for Item 10 and returned at 9.16pm at the start of Item 11.
9.29pm Councillor Hay OAM retired from the meeting during Questions without Notice.
454 DISSENT FROM COUNCIL'S DECISIONS Item 10 - Councillor Dr Gangemi
455 ADJOURNMENT & RESUMPTION Nil.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 10 September 2019
ITEM-1 CONFIRMATION OF MINUTES
A MOTION WAS MOVED BY COUNCILLOR UNO AND SECONDED BY COUNCILLOR COLLINS OAM THAT the Minutes of the Ordinary Meeting of Council held on 27 August 2019 be confirmed.
THE MOTION WAS PUT AND CARRIED.
456 RESOLUTION
The Minutes of the Ordinary Meeting of Council held on 27 August 2019 be confirmed.
APOLOGIES
A MOTION WAS MOVED BY COUNCILLOR PRESTON AND SECONDED BY COUNCILLOR RUSSO THAT the apology from Councillor Haselden be accepted and leave of absence granted.
THE MOTION WAS PUT AND CARRIED.
457 RESOLUTION
The apology from Councillor Haselden be accepted and leave of absence granted.
MAYORAL MINUTE NO. 13/2019 – EVELYN LESTER’S CONTRIBUTION TO THE HILLS SES
A MOTION WAS MOVED BY THE MAYOR AND SECONDED BY COUNCILLOR THOMAS THAT
1. This Mayoral Minute be received.
2. Council to present Evelyn Lester with a plaque to recognise her outstanding service to The Hills Community.
THE MOTION WAS PUT AND CARRIED.
458 RESOLUTION
1. This Mayoral Minute be received.
2. Council to present Evelyn Lester with a plaque to recognise her outstanding service to The Hills Community.
COMMUNITY FORUM
There were no addresses to Council during Community Forum.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 10 September 2019
7.39pm Councillor Hay OAM arrived at the meeting during Item 3.
ITEM-3 PLANNING PROPOSAL - 51-55 OLD CASTLE HILL ROAD, CASTLE HILL (14/2019/PLP)
Proceedings in Brief
David Krepp of Toplace addressed Council regarding this matter.
A MOTION WAS MOVED BY COUNCILLOR DR GANGEMI AND SECONDED BY COUNCILLOR UNO THAT the Recommendation contained in the report be adopted.
AN AMENDMENT WAS MOVED BY COUNCILLOR PRESTON AND SECONDED BY COUNCILLOR THOMAS THAT the matter be deferred.
THE AMENDMENT WAS PUT AND LOST
Being a planning matter, the Mayor called for a division to record the votes on this matter VOTING FOR THE MOTION
Clr B L Collins OAM Clr M G Thomas Clr R M Tracey Clr A J Hay OAM Clr R A Preston
VOTING AGAINST THE MOTION Mayor Dr M R Byrne
Clr R Jethi Clr F P De Masi Clr E M Russo Clr Dr P J Gangemi Clr J Jackson Clr S P Uno
MEETING ABSENT Clr A N Haselden
THE MOTION WAS PUT AND CARRIED.
459 RESOLUTION
That the planning proposal for land at 51-55 Old Castle Hill Road, Castle Hill should not proceed to Gateway Determination, on the basis that:
1. The planning proposal is inconsistent with the strategic framework. There is insufficient strategic justification to change the land use on this site from residential to
‘serviced apartments’, at the expense of the delivery of new housing in appropriate and strategically identified locations. The subject site is zoned R4 High Density Residential and is intended to accommodate a significant contribution to housing supply in close proximity to the Castle Hill Station and strategic centre. Enabling a
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 10 September 2019
portion of the site to become serviced apartments would reduce housing supply in the locality.
2. The planning proposal has not demonstrated that there is sufficient market demand for additional land for serviced apartments or an inability for current or future demand to be serviced on land within the centre which is already identified and zoned to permit serviced apartments. Serviced apartments are permitted in the B4 Mixed Use zone which forms the core of the Castle Hill Strategic Centre and it is considered that there is sufficient land available within this zone for the delivery of serviced apartments, subject to market demand.
3. There are potential amenity impacts for future residents on the site and within the locality that have not been addressed.
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 R Jethi
Clr S P Uno Clr F P De Masi Clr E M Russo Clr Dr P J Gangemi Clr J Jackson Clr B L Collins OAM Clr M G Thomas Clr R M Tracey
VOTING AGAINST THE MOTION Clr R A Preston
Clr A J Hay OAM MEETING ABSENT Clr A N Haselden
ITEM-4 POST EXHIBITION - PLANNING PROPOSAL - 10, 12 AND 14 RED GABLES ROAD, BOX HILL (2/2019/PLP)
A MOTION WAS MOVED BY COUNCILLOR TRACEY AND SECONDED BY COUNCILLOR PRESTON THAT the Recommendation contained in the report be adopted.
THE MOTION WAS PUT AND CARRIED UNANIMOUSLY.
460 RESOLUTION
1. The planning proposal for land at 10, 12 and 14 Red Gables Road, Box Hill (2/2019/PLP) be progressed to finalisation, subject to post-exhibition amendments to the Floor Space Ratio and Height of Buildings Map as detailed within Section 8 and Figures 7 and 8 of this Report.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 10 September 2019
2. Draft The Hills DCP 2012 (Part D Section 17 – Box Hill North), incorporating post- exhibition amendments detailed within this report (Attachment 1) be adopted and come into force at the time the associated planning proposal (2/2019/PLP) is finalised and published on the NSW Legislation website.
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 R Jethi
Clr S P Uno Clr F P De Masi Clr E M Russo Clr R A Preston Clr Dr P J Gangemi Clr A J Hay OAM Clr J Jackson Clr B L Collins OAM Clr M G Thomas Clr R M Tracey
VOTING AGAINST THE MOTION None
MEETING ABSENT Clr A N Haselden
CALL OF THE AGENDA
A MOTION WAS MOVED BY COUNCILLOR RUSSO AND SECONDED BY COUNCILLOR DE MASI THAT items 5, 6, 7, 8 and 9 be moved by exception and the recommendations contained therein be adopted.
THE MOTION WAS PUT AND CARRIED.
461 RESOLUTION
Items 5, 6, 7, 8 and 9 be moved by exception and the recommendations contained therein be adopted.
ITEM-5 REVIEW OF WARD BOUNDARIES
462 RESOLUTION
1. The proposed changes to Ward boundaries as detailed in this report and shown in Attachments 1,2, 3 & 4 to this report be exhibited for a period of twenty eight (28) days for public comment and also referred to the Electoral Commissioner and the Australian Statistician.
2. Upon conclusion of the forty two (42) day period for receipt of submissions, a further report be submitted to Council for final determination of the Ward boundaries.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 10 September 2019
ITEM-6 MINUTES OF AUDIT COMMITTEE MEETING - 20 AUGUST 2019
463 RESOLUTION
Council adopt the recommendations of the Audit Committee Meeting dated 20 August 2019.
ITEM-7 PROPERTY DEALINGS RELATING TO DEVELOPMENT MATTERS
464 RESOLUTION
Council consent to the partial release of the right of way and easement to drain water from the title of Lot 25 DP 270520, Rouse Hill Drive, Rouse Hill and the Section 88B instrument associated with the final plan of subdivision for Development Consent 2084/2018/ZA be authorised for execution under Council seal.
ITEM-8 PURCHASE OF LAND AT PART 52 TERRY ROAD, BOX HILL FOR PUBLIC RECREATION
465 RESOLUTION
1. Council agree to increase the amount for the purchase Lot 2 in a subdivision of Lot 1 DP 775117, 52 Terry Road, Box Hill being land designated public recreation by $297,000 plus GST.
2. Upon acquisition, Council classify Lot 2 in a subdivision of Lot 1 DP 775117 as
“Operational Land” pursuant to Section 25 of the Local Government Act 1993.
ITEM-9 EASEMENT FOR UNDERGROUND CABLES - LOT 422 DP 1167332 WINDSOR ROAD, KELLYVILLE
466 RESOLUTION
Council agree to the creation of easements for underground cables 3 metres wide and variable and associated Restriction on Use within Lot 422 DP 1167332, Broderick Boulevarde Reserve No. 222, Windsor Road, Kellyville with Plans, Section 88B instruments, Deeds and Transfers Granting Easements authorised for execution under Seal.
ITEM-2 ELECTION OF DEPUTY MAYOR
A MOTION WAS MOVED BY COUNCILLOR THOMAS AND SECONDED BY COUNCILLOR DR GANGEMI THAT
1. In accordance with Section 231(2), Council determine that a Deputy Mayor be elected for the period up until the end of this Council term in 2020.
2. If required, Council determine the method of election to apply for the election of Deputy Mayor be by show of hands.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 10 September 2019
3. Council elect one of its members as Deputy Mayor for the period up until the end of this Council term in 2020.
THE MOTION WAS PUT AND CARRIED.
467 RESOLUTION
1. In accordance with Section 231(2), Council determine that a Deputy Mayor be elected for the period up until the end of this Council term in 2020.
2. If required, Council determine the method of election to apply for the election of Deputy Mayor be by show of hands.
3. Council elect one of its members as Deputy Mayor for the period up until the end of this Council term in 2020.
Proceedings in Brief
The Acting General Manager, as Returning Officer, advised that only one valid nomination for the Office of the Deputy Mayor had been received, this being from Councillor Jethi.
The Acting General Manager sought confirmation that there were no further nominations.
This was confirmed.
There being no further nominations, the Acting General Manager declared Councillor Jethi as duly elected to the position of Deputy Mayor for the 2019/20 term, unopposed.
468 RESULT OF ELECTION
Councillor Jethi was elected to the position of Deputy Mayor of The Hills Shire Council for the period up until the end of this Council term in 2020.
SUSPENSION OF STANDING ORDERS
A MOTION WAS MOVED BY COUNCILLOR THOMAS AND SECONDED BY COUNCILLOR DE MASI THAT Standing Orders be suspended to congratulate Councillor Jethi.
THE MOTION WAS PUT AND CARRIED.
469 RESOLUTION
Standing Orders be suspended to congratulate Councillor Jethi.
At 8.28pm Standing Orders were suspended.
RESUMPTION OF STANDING ORDERS
A MOTION WAS MOVED BY COUNCILLOR HAY OAM AND SECONDED BY COUNCILLOR RUSSO THAT Standing Orders be resumed.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 10 September 2019
THE MOTION WAS PUT AND CARRIED.
470 RESOLUTION
Standing Orders be resumed.
At 9.06 pm Standing Orders were resumed.
9.07pm Councillor Preston having previously declared a non-pecuniary, significant conflict of interest left the room for Item 10 and returned at 9.16pm at the start of Item 11.
ITEM-10 OUT-OF-WATER SURVEY AND OVERHAUL OF THE LOWER PORTLAND FERRY - CONSIDERATION OF TENDERS
A MOTION WAS MOVED BY COUNCILLOR COLLINS OAM AND SECONDED BY COUNCILLOR UNO THAT the Recommendation contained in the report be adopted.
THE MOTION WAS PUT AND CARRIED.
471 RESOLUTION
Council advise Hawkesbury City Council that it supports the proposal to accept the tender from Sydney Ship Repairs and Engineering Pty Ltd in the amount of $229,967.70 (excl.GST) including provisional items, for the overhaul of the Lower Portland Ferry.
(Councillor Dr Gangemi requested that his name be recorded as opposing the Resolution of Council in this matter)
ITEM-11 LOCAL GOVERNMENT NSW ANNUAL CONFERENCE DELEGATES
A MOTION WAS MOVED BY COUNCILLOR THOMAS AND SECONDED BY COUNCILLOR DR GANGEMI THAT
1. Council determine the nine (9) voting delegates for motions at the 2019 Local Government NSW Annual Conference, being:
I. Mayor Dr Byrne II. Councillor Thomas III. Councillor Haselden IV. Councillor Collins OAM V. Councillor Uno
VI. Councillor Russo VII. Councillor Jethi VIII. Councillor Jackson IX. Councillor Dr Gangemi
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 10 September 2019
and the nine (9) voting Board Election delegates at the 2019 Local Government NSW Annual Conference, being
I. Mayor Dr Byrne II. Councillor Thomas III. Councillor Haselden IV. Councillor Collins OAM V. Councillor Uno
VI. Councillor Russo VII. Councillor Jethi VIII. Councillor Jackson IX. Councillor Dr Gangemi
2. Council’s membership to LGNSW be reviewed in November 2019.
THE MOTION WAS PUT AND CARRIED.
472 RESOLUTION
1. Council determine the nine (9) voting delegates for motions at the 2019 Local Government NSW Annual Conference, being:
I. Mayor Dr Byrne II. Councillor Thomas III. Councillor Haselden IV. Councillor Collins OAM V. Councillor Uno
VI. Councillor Russo VII. Councillor Jethi VIII. Councillor Jackson IX. Councillor Dr Gangemi
and the nine (9) voting Board Election delegates at the 2019 Local Government NSW Annual Conference, being
I. Mayor Dr Byrne II. Councillor Thomas III. Councillor Haselden IV. Councillor Collins OAM V. Councillor Uno
VI. Councillor Russo VII. Councillor Jethi VIII. Councillor Jackson IX. Councillor Dr Gangemi
2. Council’s membership to LGNSW be reviewed in November 2019.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 10 September 2019
QUESTIONS WITHOUT NOTICE
473 TRAFFIC LIGHTS – RAEMOT LANE, BAULKHAM HILLS
Councillor Tracey has received feedback from members of the community that the traffic lights adjacent to Raemot Lane are very highset and drivers are driving through red lights as they are looking towards the lights located further ahead on Windsor Road. Has Council made any representations to RMS to have these traffic lights reviewed?
The Group Manager – Shire Strategy, Transformation & Solutions advised he would take the matter on notice.
474 PARSONAGE ROAD AND WARWICK PARADE, CASTLE HILL
Councillor Tracey noted a decision was made in November 2018 regarding removal of traffic calming devices on Parsonage Road and Warwick Parade to be reopened. The decision around Warwick Parade was to bring back to Council for review in 12 months. When is this matter coming back to Council for consideration?
Councillor Uno also requested an update on when the single lane threshold traffic devices will be removed from Parsonage Road.
The Group Manager – Shire Strategy, Transformation & Solutions confirmed the funding for the traffic works is included in this year’s budget. The Capital Works Department have commenced procurement and we expect that those works will commence in around October.
The review is to be held 6 months after the Metro opened, and once the traffic devices have been removed, to consider the traffic flow. The traffic assessment will then be reviewed and Council will conduct any further engagement required and following this a report will be brought back to Council, probably first meeting next year.
475 LIGHTING - GLENHOPE ROAD, WEST PENNANT HILLS
Councillor Uno requested an update on lighting along Glenhope Road, West Pennant Hills, opposite Cherrybrook Metro Station.
The Group Manager – Shire Strategy, Transformation & Solutions confirmed Council Officers have inspected the site and he will follow up on the review and advise.
476 REMOVAL OF ASBESTOS WASTE LEVY
Councillor Uno enquired whether Council had received a response from the State Government regarding the previous Motion to remove the waste levy from asbestos disposal?
The Acting General Manager advised he could not recall any response but would follow this up and advise.
477 BUS STOP OUTSIDE UNITING WIRREANDA – HIGHS ROAD, WEST PENNANT HILLS Councillor Uno has been advised by members of the West Pennant Hills Progress Association that they have concerns regarding the traffic flow around the bus stop outside Uniting Wirreanda on Highs Road West Pennant Hills. Cars are crossing double lines onto
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 10 September 2019
the wrong side of the road to pass a bus that has stopped to pick up passengers. Could Council investigate options into the creation of a bus bay or a barrier to prevent cars crossing to the wrong side of the road?
The Acting General Manager advised he would take the matter on notice.
478 ORANGE BLOSSOM FESTIVAL – 50 YEARS
Councillor Preston congratulated and acknowledged all the volunteers and staff involved in the Orange Blossom Festival.
479 WINNING STREET AND SAMANTHA RILEY DRIVE, NORTH KELLYVILLE
Councillor Collins has received complaints regarding a second accident as a consequence of cars turning right into Winning Street next to McDonalds along Samantha Riley Drive.
Could Council consider a “No Right Turn” into Winning Street and Treweek Avenue until Samantha Riley Drive is upgraded to help keep traffic moving?
The Group Manager – Shire Strategy, Transformation & Solutions advised he would be happy to look into the matter and have a discussion with the RMS but would take the matter on notice.
The Manager – Asset Management, Traffic & Parks advised there is a median island proposed for the full length of Samantha Riley Drive which will restrict access into and out of these streets to ‘left in – left out’ only.
480 GLENORIE - BORAL AND PETROL STATION DA’S
Councillor Dr Gangemi requested an update on both the Boral DA and the petrol station DA.
The Acting Group Manager – Development & Compliance advised amended information had been received with respect to the proposed service station and industrial units. There have been some design modifications with the site in respect of access and parking arrangements but it is still in the assessment phase. Based on the draft amendments this DA would not be re-exhibited to the community but they could provide submissions now if they wished to do so.
The Acting General Manager advised no DA had been received in respect of the Boral site.
481 TERRY ROAD, BOX HILL
Councillor Dr Gangemi congratulated Mark Colburt and Paul Barglik for fixing the potholes on Terry Road quickly. Could Council advise what is happening with regard to the dip outside 56 Terry Road. What is the timeframe for addressing the dip and is there any scope for additional lighting along Terry Road.
The Group Manager – Shire Strategy, Transformation & Solutions advised he would take the matter on notice and provide a response.
482 PEDESTRIAN REFUGE – GREENWOOD ROAD, KELLYVILLE
Councillor De Masi advised near the pedestrian refuge on Greenwood Road at Annabelle Crescent, cars are banking up to collect children from Kellyville Public School and are
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 10 September 2019
blocking the road causing frustrated drivers to overtake on double yellow lines. Can Council review and investigate ways to remedy this situation.
The Acting General Manager confirmed Council are aware of traffic issues and a DA for a Childcare Centre in Annabelle Crescent. Council will observe the situation and if there is illegal driving behaviour then the Police will be involved.
483 LIGHTS, BEATS & EATS FESTIVAL – CASTLE HILL SHOWGROUND
Councillor De Masi noted the Lights Beats & Eats Festival is on this weekend at the Showground and enquired what Council was doing to promote the use of the Metro to get to the event.
The Group Manager - Customer Services advised Social Media campaigns and advertisements all have references to catching the Metro to the event.
484 TRAFFIC LIGHTS - ARTHUR STREET
Councillor Jackson requested an update on the progress of installation of lights at the corner of Arthur Street and Seven Hills Road.
The Group Manager – Infrastructure & Works advised a report is being prepared for consideration by Council for acceptance of a tender at the next meeting on 24 September 2019.
485 BUS DEPOT – MILE END ROAD, ROUSE HILL
Councillor Jackson requested an update on the proposed Bus Depot in Mile End Road.
The Acting General Manager confirmed that this is a DA with significant issues raised at the Conciliation Conference, including traffic and acoustic issues.
The Acting Group Manager – Development & Compliance advised additional information has been provided by the Applicant and Council is working through a number of traffic issues and subject to these matters being resolved would be reported in November/December (Local Planning Panel).
486 LIGHTING AROUND NORWEST STATION
Councillor Jackson requested an update on lighting issues from Norwest Station into Bella Vista and under Norwest Boulevard.
The Acting General Manager advised some of the land referred to is in the ownership of Norwest Association and they have indicated they would review and see what they could do.
The other issue is a pathway that looks like a public pathway but it is not in the ownership of Norwest or the Council. It is an easement in favour of the Council across private land. The Council have authority with respect to that access way and there is an issue whether there Is an opportunity to provide lighting. This is currently being investigated and an update will be provided.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 10 September 2019
487 DEPUTY MAYOR – COUNCILLOR JETHI
Councillor Thomas noted messages of congratulations had already been received from the Local Member, State MP David Elliott and the Premier regarding the election of Councillor Jethi as Deputy Mayor.
The Minutes of the above Meeting were confirmed at the Meeting of the Council held on 24 September 2019.
MAYOR GENERAL MANAGER
