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(1)

MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 25 September 2018

ITEM SUBJECT PAGE

ITEM-1 CONFIRMATION OF MINUTES 4

ITEM-2 ELECTION OF DEPUTY MAYOR 4

MAYORAL MINUTE NO 15/2018 - SYDNEY HILLS BUSINESS CHAMBER WINS LOCAL CHAMBER OF THE YEAR AWARD

5

COMMUNITY FORUM 6

ITEM-3 POST EXHIBITION - PLANNING PROPOSAL - 40 SOLENT CIRCUIT, NORWEST (9/2018/PLP)

11

ITEM-4 POST EXHIBITION - PLANNING PROPOSAL, DRAFT VPA AND DCP AMENDMENTS - CECIL AVENUE AND ROGER AVENUE, CASTLE HILL (12/2016/PLP)

7

ITEM-5 AMENDED GATEWAY DETERMINATION AND

VOLUNTARY PLANNING AGREEMENT - 55 COONARA AVENUE, WEST PENNANT HILLS (1/2018/PLP)

8

ITEM-6 REVISED VOLUNTARY PLANNING AGREEMENT OFFER - 8 SOLENT CIRCUIT, NORWEST (11/2018/PLP)

9

ITEM-7 DRAFT AMENDMENTS TO THE HILLS OF CARMEL VOLUNTARY PLANNING AGREEMENT, BOX HILL (FP216)

12

ITEM-8 PROPERTY DEALINGS RELATING TO DEVELOPMENT MATTERS

13

ITEM-9 PEPPIN STREET, ROMNEY STREET, GALARA STREET, GRAZIER ROAD, BUNDA STREET AND CIVIC WAY, ROUSE HILL - FURTHER REPORT ON REINFORCEMENT OF STATUTORY PARKING RESTRICTIONS

14

ITEM-10 AUGUST 2018 LTC - OLD PITT TOWN ROAD, BOX HILL - MODIFICATION OF LINEMARKING

14

ITEM-11 AUGUST 2018 LTC - BELLA VISTA FARM PARK - 'GET YOUR GROOVE ON' EVENT

14

ITEM-12 AUGUST 2018 LTC - PRESIDENT ROAD, KELLYVILLE - PROPOSED PEDESTRIAN REFUGE ISLAND

15

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MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 25 September 2018

ITEM-13 AUGUST 2018 LTC - SYDNEY METRO NORTHWEST PROPOSED CHANGES TO APPROVED PARKING RESTRICTIONS AT HILLS SHOWGROUND, BELLA VISTA, KELLYVILLE AND ROUSE HILL STATIONS

15

ITEM-14 AUGUST 2018 LTC - BELLCAST ROAD, ROUSE HILL - REQUEST FOR 'WORKS ZONE'

15

ITEM-15 BUDGET REVIEW AS AT 31 AUGUST 2018 17

ITEM-16 WESTERN SYDNEY ACADEMY OF SPORT - NOMINATION FOR ADVISORY FORUM

17

ITEM-17 CHRISTMAS IN THE HILLS 15

ITEM-18 PURCHASE OF PART 182-186 HEZLETT ROAD, NORTH KELLYVILLE FOR ROAD WIDENING

16

ITEM-19 PURCHASE OF PART 52 TERRY ROAD, BOX HILL FOR PUBLIC RECREATION

16

ITEM-20 LEASE TO VODAFONE NETWORK PTY LIMITED AT BERNIE MULLANE SPORTS COMPLEX RESERVE, MARELLA AVENUE, KELLYVILLE, LOT 20 DP 1129033

16

ITEM-21 EXPRESSIONS OF INTEREST (EOI 18/10) - APPOINTMENT OF MANAGING AGENT RESIDENTIAL PROPERTY PORTFOLIO

16

ITEM-22 INFORMATION AND STATUS REPORTS 17

QUESTIONS WITHOUT NOTICE 18

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MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 25 September 2018

537 PRESENT

Mayor Dr M R Byrne (In the Chair) Clr R A Preston (Deputy Mayor) 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 A N Haselden Clr S P Uno

538 TIME OF COMMENCEMENT 7.13pm

539 TIME OF COMPLETION 10.55pm

540 DECLARATIONS OF INTEREST

Item 4 The Mayor, Councillors Haselden, Uno, Preston, Collins OAM, Dr Gangemi, Russo, De Masi, Jackson, Thomas and Jethi

541 ARRIVALS AND DEPARTURES

7.22pm Councillor Uno left the meeting and returned at 7.23pm during Item 2.

8.06pm Councillor De Masi left the meeting and returned at 8.09pm during

Community Forum.

8.08pm Councillor Tracey left the meeting during Community Forum and returned at 8.10pm during Item 4.

8.52pm Councillor Dr Gangemi left the meeting and returned at 8.55pm during Item 4.

9.18pm Councillor Tracey left the meeting and returned at 9.19pm during Item 5 10.08pm Councillor Tracey left the meeting and returned at 10.09pm during Item 6.

10.32pm Councillor Jackson retired from the meeting during Item 3.

10.32pm Councillor Dr Gangemi retired from the meeting during Item 3.

542 DISSENT FROM COUNCIL'S DECISIONS Nil.

543 ADJOURNMENT & RESUMPTION Nil.

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MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 25 September 2018

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 11 September 2018 be confirmed.

THE MOTION WAS PUT AND CARRIED.

544 RESOLUTION

The Minutes of the Ordinary Meeting of Council held on 11 September 2018 be confirmed.

7.22pm Councillor Uno left the meeting and returned at 7.23pm during Item 2.

SUSPENSION OF STANDING ORDER’S

A MOTION WAS MOVED BY COUNCILLOR HAY OAM AND SECONDED BY COUNCILLOR PRESTON THAT Standing Order’s be suspended to amend the order of business to consider Item 2 – Election of Deputy Mayor, earlier in the meeting.

THE MOTION WAS PUT AND CARRIED.

545 RESOLUTION

Standing Order’s be suspended to amend the order of business to consider Item 2 – Election of Deputy Mayor, earlier in the meeting.

At 7.18pm Standing Order’s were suspended.

RESUMPTION OF STANDING ORDER’S

A MOTION WAS MOVED BY COUNCILLOR HAY OAM AND SECONDED BY COUNCILLOR COLLINS OAM THAT Standing Order’s be resumed to consider Item 2.

THE MOTION WAS PUT AND CARRIED.

546 RESOLUTION

Standing Order’s be resumed to consider Item 2

At 7.37pm Standing Order’s were resumed to consider Item 2.

ITEM-2 ELECTION OF DEPUTY MAYOR

A MOTION WAS MOVED BY COUNCILLOR HAY OAM AND SECONDED BY COUNCILLOR PRESTON THAT

1. In accordance with Section 231(2), Council determine that a Deputy Mayor will be elected for the period of I year.

2. Council determine the method of election to apply for the election of Deputy Mayor be by show of hands.

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MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 25 September 2018

3. Council elect one of its members as Deputy Mayor.

547 RESOLUTION

1. In accordance with Section 231(2), Council determine that a Deputy Mayor will be elected for the period of 1 year.

2. 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.

Proceedings in Brief

The General Manager, as Returning Officer, advised that only one valid nomination for the Office of the Deputy Mayor for the 2018/19 term had been received for Councillor Haselden.

The General Manager advised that as Council had resolved to conduct the election by show of hands it would be necessary for Councillors to indicate their choice for Deputy Mayor by raising their hands.

There being no further nominations, the General Manager declared Councillor Haselden as duly elected to the position of Deputy Mayor for the 2018/19 term, unopposed.

548 RESULT OF ELECTION

Councillor Haselden was elected to the position of Deputy Mayor of The Hills Shire Council for the 2018/19 term.

MAYORAL MINUTE NO. 15/2018 - SYDNEY HILLS BUSINESS CHAMBER WINS LOCAL CHAMBER OF THE YEAR AWARD

A MOTION WAS MOVED BY COUNCILLOR THE MAYOR AND SECONDED BY COUNCILLOR HASELDEN THAT This Mayoral Minute be received.

THE MOTION WAS PUT AND CARRIED.

549 RESOLUTION

This Mayoral Minute be received.

8.06pm Councillor De Masi left the meeting and returned at 8.09pm during

Community Forum.

8.08pm Councillor Tracey left the meeting during Community Forum and returned at 8.10pm during Item 4.

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MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 25 September 2018

COMMUNITY FORUM

550 LIVING CHOICE GLENHAVEN – SENIORS LIVING

Mr Steve Russell, representing Living Choice, noted a decision had been made to not support any more expansion of retirement villages in The Hills Shire. Mr Russell advised Living Choices was a very popular retirement village with approximately 150 people on the waiting list and enquired whether Council would reconsider its position. Mr Russell noted there was a need for a variety of seniors living options as local people wanted to remain in the area and not necessarily in an apartment.

The General Manager commented there were a couple of examples where site compatibility certificates were issued for sites that clearly weren’t compatible. There were also concerns about zoning creep as the policy permits seniors living in areas where they would otherwise be prohibited, where they adjoin urban land and the sites grow in size by accumulating adjoining sites and adding to it. The State Government has since exhibited some amendments to the SEPP that address this in part but it is yet to be finalised. The State Government has also asked that the matter be referred to the Greater Sydney Commission because it is not just this Shire affected.

The General Manager advised there was a meeting with the Greater Sydney Commission towards the end of this month and Living Choice have made representations to Council and when material is presented it will be brought back. Council currently has a resolution that they don’t support any site compatibility certificates and the Department, to this point, have not issued any at that request. Council would have to alter this and write to the Department of Planning suggesting that one could be issued to allow a DA to be lodged and that would be the role of this Chamber.

Mr Chris Griffiths of Castle Hill advised in August 2018 he and his wife had a meeting with Council to provide their rationale for choosing Living Choice Glenhaven for retirement living.

Mr Griffiths was concerned by statements “Local Council not supportive of any further retirement developments in rural areas” and “Council is supportive of high rise retirement development in the Castle Hill Towers Centre giving seniors easy access to facilities and services”. Mr Griffiths had experienced the conversion of rural land in the Hills District in to residential, light industrial, commercial, recreational and even retirement living. Research of potential properties for over 55’s living confirmed Living Choice Glenhaven suited their criteria for retirement living, not high rise apartments in the centre of Castle Hill. Mr Griffiths requested Council give consideration to approval of Stage 3 development plan of Living Choice Glenhaven as the accommodation choice of long term residents who desire to remain in the Hills Shire and continue to contribute to the local economy and community.

Mr Ken Leeson of Castle Hill has been a resident for 45 years. The standard of accommodation offered at Living Choice is outstanding and suits his needs and he would be closer to where his wife is living. He is in a bidding war to try to acquire a villa because of the shortage of supply. Mr Leeson asked if Council would reconsider this application as he would like to retire in the area.

The Mayor, Councillors Haselden, Uno, Preston, Collins OAM, Dr Gangemi, Russo, De Masi, Jackson, Thomas and Jethi having previously declared a non-pecuniary and less than significant conflict of interest for Item 4 remained in the room.

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MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 25 September 2018

8.52pm Councillor Dr Gangemi left the meeting and returned at 8.55pm during Item 4.

ITEM-4 POST EXHIBITION - PLANNING PROPOSAL, DRAFT VPA AND DCP AMENDMENTS - CECIL AVENUE AND ROGER AVENUE, CASTLE HILL (12/2016/PLP)

Proceedings in Brief

Glen Apps – Town Planner from Cohesive Planning (Objector) representing the residents in the local area addressed Council regarding this matter.

Simon Parson - Executive Director from PTW Architects (Applicant) representing the applicant addressed Council regarding this matter.

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

THE MOTION WAS PUT AND CARRIED.

551 RESOLUTION

1. The planning proposal be forwarded to the Department of Planning and Environment (including post-exhibition amendments as outlined in this report) for finalisation, noting that Council does not have delegation to make the plan due to outstanding objections from the RMS and TfNSW to:

a. Rezone the site from part R3 Medium Density Residential and part R1 General Residential to B4 Mixed Use;

b. Remove the maximum building height applicable to the site;

c. Apply a ‘base’ floor space ratio of 1:1, apply an ‘incentivised’ floor space ratio of 3.5:1 and identify the site as ‘Area A’ on the Floor Space Ratio Map to link the site to Clause 7.12 of LEP 2012.; and

d. Introduce a local provision to limit the number of dwellings on the site to 460 units.

2. Draft amendments to The Hills Development Control Plan 2012 Part D Section 21 93 – 107 Cecil Avenue and 9 – 10 Roger Avenue, Castle Hill, (Attachment 2 ECM No.182479928) be adopted and come into force following the notification of the planning proposal, with post-exhibition amendments as outlined in the report.

3. Council enter into the Voluntary Planning Agreement, as amended (Attachment 3 ECM No.183057044) and authorise Council’s common seal to be affixed to the Voluntary Planning Agreement.

4. Council continue to work with Roads and Maritime Services and Transport for New South Wales to facilitate appropriate traffic and transport infrastructure in the Sydney Metro Northwest Corridor.

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MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 25 September 2018

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

Clr R A Preston Clr B L Collins OAM Clr F P De Masi Clr A N Haselden Clr Dr P J Gangemi Clr A J Hay OAM Clr M G Thomas

VOTING AGAINST THE MOTION Mayor Dr M R Byrne

Clr R Jethi Clr J Jackson Clr E M Russo Clr S P Uno Clr R M Tracey

9.18pm Councillor Tracey left the meeting and returned at 9.19pm during Item 5

ITEM-5 AMENDED GATEWAY DETERMINATION AND

VOLUNTARY PLANNING AGREEMENT - 55 COONARA AVENUE, WEST PENNANT HILLS (1/2018/PLP)

Proceedings in Brief

Joan Rowley of West Pennant Hills Valley Progress Association (Objector) representing the residents of the local community addressed Council regarding this matter.

Adrian Checchin – Development Director of Mirvac (Applicant) addressed Council regarding this matter.

A MOTION WAS MOVED BY COUNCILLOR PRESTON AND SECONDED BY COUNCILLOR UNO THAT the Recommendation contained in the report be adopted with minor amendments.

THE MOTION WAS PUT AND CARRIED.

552 RESOLUTION

1. Council request the Department of Planning and Environment endorse an alternate approach under the current Gateway Determination so that the local provision is able to facilitate suitable assessment of the subdivision and development of micro lot housing as part of the maximum 600 dwellings over the site.

2. The Draft Voluntary Planning Agreement, as detailed in Attachment 5, be subject to a legal review at the cost of the proponent, prior to public exhibition

3. The Draft Voluntary Planning Agreement be updated, as required, prior to exhibition to incorporate the recommendations of the legal review.

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MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 25 September 2018

4. The draft Voluntary Planning Agreement and the Draft Hills Development Control Plan Part D Section 19 – 55 Coonara Avenue as detailed in Attachments 4 and 5 be exhibited concurrently with the planning proposal.

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

Clr R A Preston Clr B L Collins OAM Clr J Jackson Clr E M Russo Clr F P De Masi Clr A N Haselden Clr Dr P J Gangemi Clr S P Uno

VOTING AGAINST THE MOTION Mayor Dr M R Byrne

Clr R M Tracey Clr M G Thomas Clr A J Hay OAM Clr R Jethi

10.08pm Councillor Tracey left the meeting and returned at 10.09pm during Item 6.

ITEM-6 REVISED VOLUNTARY PLANNING AGREEMENT OFFER - 8 SOLENT CIRCUIT, NORWEST (11/2018/PLP)

Proceedings in Brief

Todd Symons from Eden Brae Homes Investments (Applicant) addressed Council regarding this matter.

SUSPENSION OF STANDING ORDER’S

A MOTION WAS MOVED BY COUNCILLOR JETHI AND SECONDED BY COUNCILLOR DR GANGEMI THAT Standing Order’s be suspended to allow Todd Symons from Eden Brae Homes Investments (Applicant) to readdress Council.

THE MOTION WAS PUT AND CARRIED.

553 RESOLUTION

Standing Order’s be suspended to allow Todd Symons from Eden Brae Homes Investments (Applicant) to readdress Council.

At 10.22pm Standing Order’s were suspended.

Proceedings in brief

Todd Symons from Eden Brae Homes Investments (Applicant) readdressed Council regarding this matter.

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MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 25 September 2018

RESUMPTION OF STANDING ORDER’S

A MOTION WAS MOVED BY COUNCILLOR HAY OAM AND SECONDED BY COUNCILLOR COLINS OAM THAT Standing Orders be resumed.

THE MOTION WAS PUT AND CARRIED.

554 RESOLUTION

Standing order’s be resumed.

At 10.31pm Standing Order’s were resumed.

A MOTION WAS MOVED BY COUNCILLOR THOMAS AND SECONDED BY COUNCILLOR JETHI THAT

1. The draft Voluntary Planning Agreement (Attachment 1) be subject to a legal review at the cost of the Proponent, prior to public exhibition and subject to the following amendments:

a) Increase the total monetary contribution payable to $1.2 million, subject to escalation based on increases in the Producer Price Index for NSW;

b) Delete all traffic improvements/upgrades from the Voluntary Planning Agreement;

c) The Developer agrees to provide all road infrastructure identified in a future development approval by the RMS and/or Council at the Developer’s expense.

d) Amend Clause 30 (Costs) to state that “the Developer is to pay to the Council, the Council’s costs associated with the negotiation, preparation, exhibition, legal review, execution and registration of this Agreement within 7 days of a written demand by the Council for such payment”.

2. The draft Voluntary Planning Agreement be updated, as required, prior to exhibition to incorporate the recommendations of the legal review.

3. The draft Voluntary Planning Agreement be publicly exhibited for a period of at least 28 days in accordance with the Environmental Planning and Assessment Act 1979.

THE MOTION WAS PUT AND CARRIED UNANIMOUSLY.

555 RESOLUTION

1. The draft Voluntary Planning Agreement (Attachment 1) be subject to a legal review at the cost of the Proponent, prior to public exhibition and subject to the following amendments:

a) Increase the total monetary contribution payable to $1.2 million, subject to escalation based on increases in the Producer Price Index for NSW;

b) Delete all traffic improvements/upgrades from the Voluntary Planning Agreement;

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MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 25 September 2018

c) The Developer agrees to provide all road infrastructure identified in a future development approval by the RMS and/or Council at the Developer’s expense.

d) Amend Clause 30 (Costs) to state that “the Developer is to pay to the Council, the Council’s costs associated with the negotiation, preparation, exhibition, legal review, execution and registration of this Agreement within 7 days of a written demand by the Council for such payment”.

2. The draft Voluntary Planning Agreement be updated, as required, prior to exhibition to incorporate the recommendations of the legal review.

3. The draft Voluntary Planning Agreement be publicly exhibited for a period of at least 28 days in accordance with the Environmental Planning and Assessment Act 1979.

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 A Preston 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 R M Tracey Clr A N Haselden Clr Dr P J Gangemi Clr A J Hay OAM Clr S P Uno

VOTING AGAINST THE MOTION None

10.32pm Councillor Jackson retired from the meeting during Item 3.

10.32pm Councillor Dr Gangemi retired from the meeting during Item 3.

ITEM-3 POST EXHIBITION - PLANNING PROPOSAL - 40 SOLENT CIRCUIT, NORWEST (9/2018/PLP)

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

THE MOTION WAS PUT AND CARRIED.

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MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 25 September 2018

556 RESOLUTION

The planning proposal for land at Part 40 Solent Circuit, Norwest (Lot 2105 DP1201899) proceed to finalisation as follows:

Amend Schedule 1 and the associated Additional Permitted Uses Map of The Hills Local Environmental Plan 2012 to permit the following additional permitted uses on the site, subject to development consent:

a) Restaurant or café with a maximum combined gross floor area of 200m2; and b) Business premises or Shops with a maximum combined gross floor area of

200m2.

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 A Preston Clr B L Collins OAM Clr R Jethi

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

VOTING AGAINST THE MOTION None

ABSENT FROM THE MEETING Clr J Jackson

Clr Dr P J Gangemi

ITEM-7 DRAFT AMENDMENTS TO THE HILLS OF CARMEL VOLUNTARY PLANNING AGREEMENT, BOX HILL (FP216)

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

THE MOTION WAS PUT AND CARRIED.

557 RESOLUTION

1. The draft Deed of Variation of Planning Agreement be subject to a legal review at the cost of the applicant, prior to public exhibition.

2. The draft Deed of Variation of Planning Agreement be updated, as required, prior to exhibition to incorporate the recommendations of the legal review.

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MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 25 September 2018

3. The draft Deed of Variation of Planning Agreement be publicly exhibited for a period of at least 28 days in accordance with the Environmental Planning and Assessment Act 1979.

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 A Preston Clr B L Collins OAM Clr R Jethi

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

VOTING AGAINST THE MOTION None

ABSENT FROM THE MEETING Clr J Jackson

Clr Dr P J Gangemi

CALL OF THE AGENDA

A MOTION WAS MOVED BY COUNCILLOR UNO AND SECONDED BY COUNCILLOR RUSSO THAT items 8, 9, 10, 11, 12, 13, 14, 17, 18, 19, 20 and 21 be moved by exception and the recommendations contained therein be adopted.

THE MOTION WAS PUT AND CARRIED.

558 RESOLUTION

Items 8, 9, 10, 11, 12, 13, 14, 17, 18, 19, 20 and 21 be moved by exception and the recommendations contained therein be adopted.

ITEM-8 PROPERTY DEALINGS RELATING TO DEVELOPMENT MATTERS

559 RESOLUTION

1. Council consent to the cancellation of a temporary easement for drainage of water 3 metres wide from the title of Lot 305 DP 1204616 (No. 19 Messenger Street, North Kellyville) and the associated request document/ dealing be authorised for execution under Council seal.

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MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 25 September 2018

2. Council consent to the release of an easement to drain water 3 metres wide from the title of Lot 1 DP 592036 (No. 112 Stringer Road, North Kellyville), and the associated Section 88B instrument be authorised for execution under Council seal.

3. Council consent to the cancellation of one restriction and two positive covenants from the title of Lot 6001 DP 1230433 (No. 14 Rose Bowl Street, North Kellyville), and the associated request documents/ dealings be authorised for execution under Council seal.

ITEM-9 PEPPIN STREET, ROMNEY STREET, GALARA STREET, GRAZIER ROAD, BUNDA STREET AND CIVIC WAY, ROUSE HILL - FURTHER REPORT ON REINFORCEMENT OF STATUTORY PARKING RESTRICTIONS

560 RESOLUTION

1. Approval be given for the installation of continuous yellow linemarking adjacent to the kerb at the intersections in Peppin Street, Galara Street, Grazier Road, Bunbda Street, Romney Street, Galara Street, Bunda Street and Civic Way, Rouse Hill as identified in Figure 3 in the report.

2. A further report on the success or otherwise of the continuous yellow linemarking be submitted for consideration by Council after six months of operation in the ‘New Rouse Hill’ development area.

ITEM-10 AUGUST 2018 LTC - OLD PITT TOWN ROAD, BOX HILL - MODIFICATION OF LINEMARKING

561 RESOLUTION

The proposed roadworks and linemarking in Old Pitt Town Road, Box Hill between George Street and Andromeda Parkway be approved in accordance with Attachment 1 to the report.

ITEM-11 AUGUST 2018 LTC - BELLA VISTA FARM PARK - 'GET YOUR GROOVE ON' EVENT

562 RESOLUTION

1. The ‘Get Your Groove On’ event at Bella Vista Farm Park to be held on Saturday 13 October, 2018 be classified as a Class 2 event in accordance with the RMS “Guide to Traffic and Transport Management for Special Events”.

2. The Committee endorse the Traffic management Plan as submitted by The Hills Shire Council’s Events Team.

3. The signed Traffic Management Plan be forwarded to RMS and the Police for their concurrence to hold the event.

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MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 25 September 2018

ITEM-12 AUGUST 2018 LTC - PRESIDENT ROAD, KELLYVILLE - PROPOSED PEDESTRIAN REFUGE ISLAND

563 RESOLUTION

Council approve the construction of a pedestrian refuge island on President Road, Kellyville between Malonga Avenue and Glenrowan Avenue in accordance with Figure 3 in the report subject to the ‘No Stopping’ signs on the northern side and southern side of President Road near the Malonga Avenue and Glenrowan Avenue intersections being changed to signs with left and right arrows.

ITEM-13 AUGUST 2018 LTC - SYDNEY METRO NORTHWEST PROPOSED CHANGES TO APPROVED PARKING RESTRICTIONS AT HILLS SHOWGROUND, BELLA VISTA, KELLYVILLE AND ROUSE HILL STATIONS 564 RESOLUTION

The proposed changes to approved parking restrictions at Hills Showground, Bella Vista, Kellyville and Rouse Hill station precincts as detailed in Attachments 1, 2, 3 and 4 to the report, be approved.

ITEM-14 AUGUST 2018 LTC - BELLCAST ROAD, ROUSE HILL - REQUEST FOR 'WORKS ZONE'

565 RESOLUTION

1. Council approve the installation of 10.5 metres of ‘Works Zone 7am-5pm Monday – Saturday’ restrictions on the western side of Bellcast Road at the development site at 2 Bellcast Road for a period of six months.

2. The General Manager be given delegated authority to approve any future request for an extension to the ‘Works Zone’ up to a maximum of two months beyond the initial six month period.

ITEM-17 CHRISTMAS IN THE HILLS 566 RESOLUTION

Council approve a grant of $15,000 being $5,000 cash and $10,000 in-kind contribution to Christmas Carols in the Hills Incorporated to assist with running their community carols event.

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MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 25 September 2018

ITEM-18 PURCHASE OF PART 182-186 HEZLETT ROAD, NORTH KELLYVILLE FOR ROAD WIDENING

567 RESOLUTION

1. Council agree to purchase Lot 9 in a subdivision of Lot 2 DP 1180345, 182-186 Hezlett Road, North Kellyville being land designated SP2 Road Widening for $140,000 plus GST and disturbance costs as outlined in this report with a Contract, Deed & Transfer authorised for execution under seal.

2. Council classify Lot 9 in a subdivision of Lot 2 DP 1180345 as “Operational Land” upon acquisition to allow dedication as public road.

3. Upon acquisition, Lot 9 in a subdivision of Lot 2 DP 1180345 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 NSW Land Registry Services.

ITEM-19 PURCHASE OF PART 52 TERRY ROAD, BOX HILL FOR PUBLIC RECREATION

568 RESOLUTION

1. Council agree to purchase Lot 2 in a subdivision of Lot 1 DP 775117, 52 Terry Road, Box Hill being land designated public recreation for $4,230,000 plus GST and disturbance costs as outlined in this report with a Contract, Deed & Transfer authorised for execution under seal.

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-20 LEASE TO VODAFONE NETWORK PTY LIMITED AT BERNIE MULLANE SPORTS COMPLEX RESERVE, MARELLA AVENUE, KELLYVILLE, LOT 20 DP 1129033 569 RESOLUTION

Council enter into a Lease Agreement with Vodafone Network Pty Limited for Telecommunications Tower located within part Lot 20, DP 1129033, Bernie Mullane Sports Complex Reserve, Marella Avenue, Kellyville on the terms and conditions detailed in this report with lease authorised for execution under seal.

ITEM-21 EXPRESSIONS OF INTEREST (EOI 18/10) -

APPOINTMENT OF MANAGING AGENT RESIDENTIAL PROPERTY PORTFOLIO

570 RESOLUTION

Council authorise the General Manager to enter into a Managing Agent Agreement with Jandamurra Pty Limited, trading as Cutcliffe Acreage & Lifestyle Properties subject to the terms as detailed in this report.

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MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 25 September 2018

ITEM-15 BUDGET REVIEW AS AT 31 AUGUST 2018

A MOTION WAS MOVED BY COUNCILLOR DE MASI AND SECONDED BY COUNCILLOR UNO THAT the Recommendation contained in the report be adopted.

THE MOTION WAS PUT AND CARRIED.

571 RESOLUTION

The proposed budget variations in Attachment 1, Pages 5 to 10 and the variations detailed in page 11-29 be adopted.

ITEM-16 WESTERN SYDNEY ACADEMY OF SPORT -

NOMINATION FOR ADVISORY FORUM

A MOTION WAS MOVED BY COUNCILLOR RUSSO AND SECONDED BY COUNCILLOR HASELDEN THAT Council defer this matter to the next Ordinary Council meeting.

THE MOTION WAS PUT AND CARRIED.

572 RESOLUTION

Council defer this matter to the next Ordinary Council meeting.

ITEM-22 INFORMATION AND STATUS REPORTS

A MOTION WAS MOVED BY COUNCILLOR HAY OAM AND SECONDED BY COUNCILLOR DE MASI THAT the Recommendation contained in the report be adopted.

THE MOTION WAS PUT AND CARRIED.

573 RESOLUTION

1. The status of legal matters before all Courts as shown in the Attachments 1, 2 and 3 be noted (ECM Document Nos: ).

2. The Status of Outstanding Resolutions as shown in the Attachment 4 be noted (ECM Document Nos: 17211397, 17211396, 17211394 and 17211395 ).

3. The Schedule of Questions and Answers at Council Meetings held in August 2018 shown in the Attachment 5 be noted (ECM Document Nos: ).

4. The Letters of Appreciation as shown in the Attachment 6 be noted (ECM Document No:

17245135).

5. The status of Development Applications awaiting determination as shown in the Attachment 7 be noted (ECM Document Nos: 17267491).

(18)

MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 25 September 2018

QUESTIONS WITHOUT NOTICE

574 FOOTPATH REQUEST – GALAHAD CRESCENT AND RIDGECROP DRIVE NEAR SAMUEL GILBERT PUBLIC SCHOOL

Councillor Hay OAM advised he received frequent requests to consider a school walkway near Samuel Gilbert Public School as, during school pick up, people are walking on both sides of the road where cars are parked because there is insufficient walkway/pathways.

Councillor Hay OAM noted it was planned for 2019 but asked if Council could look at whether that could be brought forward.

The General Manager advised he would take the question on notice.

575 DEVELOPMENT APPROVALS WITH CONSENT FOR TREE REMOVAL IN WEST PENNANT HILLS VALLEY

Councillor Tracey has received some concerns from local residents regarding the amount of trees that have been felled on development site at the corner of Oratava Avenue and Aiken Road, West Pennant Hills. The Development Application was approved in 2005 but do Council know of any other such large sites within West Pennant Hills where DA approvals have been made with clearing of native vegetation.

The General Manager advised he would take the question on notice but obviously when consents are approved, the only test is really to substantially commence and then you have to infinity to finish it. The General Manager advised there was Council owned site in West Pennant Hills Valley that has an approval on it that hasn’t occurred yet but would make enquiries.

576 GLENHOPE ROAD, WEST PENNANT HILLS

Councillor Haselden enquired whether the eastern verge at the top end of Glenhope Road had been looked at with a view to repairing the badly damaged tarmac.

The General Manager advised he would take the question on notice.

577 COMPLIMENT

Councillor Preston had received an email from Gerald Neville complimenting Council. He put in a request number 67634 and this was solved in good time and the staff member completed this work in a professional manner and commended him for his good work and public relations. Could this be passed on the relevant Council Officer?

578 PEDESTRIAN TRAFFIC LIGHTS – GLENHAVEN PUBLIC SCHOOL

Councillor Preston enquired when the pedestrian activated traffic lights at Glenhaven Public School would become a reality.

The General Manager advised Council were still awaiting the RMS approval but he would follow this up.

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MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 25 September 2018

579 3-7 EDWARDS ROAD, BOX HILL – 1249/2018/ZB

Councillor Preston enquired when this development application would come back before Council.

The Group Manager – Development & Compliance noted that the RFS had provided a bushfire safety authority without conditions, Transgrid had provided their concurrence, the subdivision plan needs some minor amendments but it appeared the application is tracking well. This application will not go to Council but an update will be provided when it is likely to be determined.

580 ROAD DAMAGED OUTSIDE TOPLACE DEVELOPMENT - CASTLE HILL

Councillor Thomas advised there is a cut in the road that may be a result of works to the site in the left hand lane and could this be looked at?

The General Manager advised he would take the question on notice and investigate.

The Minutes of the above Meeting were confirmed at the Meeting of Council held on 9 October 2018.

MAYOR GENERAL MANAGER

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