MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 26 June 2018
310 RESOLUTION
1. The Draft Voluntary Planning Agreement, as detailed in Attachment 1, be subject to a legal review at the cost of the proponent, prior to public exhibition.
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 concurrently with the associated planning proposal (2/2017/PLP) for a period of at least 28 days in accordance with the Environmental Planning and Assessment Act 1979.
4. Draft The Hills Development Control Plan 2012 (Part D Section 20 – Castle Hill North), as detailed in Attachment 2, be exhibited concurrently with the planning proposal (2/2017/PLP).
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 R Jethi
Clr M G Thomas Clr E M Russo Clr F P De Masi Clr A J Hay OAM Clr A N Haselden Clr R M Tracey
VOTING AGAINST THE MOTION Mayor Dr M R Byrne
ABSENT Clr S P Uno
Clr Dr P J Gangemi
ITEM-3 FURTHER REPORT - PLANNING PROPOSAL - 64 MACKILLOP DRIVE AND 34 SALAMANDER GROVE, BAULKHAM HILLS (5/2018/PLP)
A MOTION WAS MOVED BY COUNCILLOR THOMAS AND SECONDED BY COUNCILLOR JETHI THAT
1. Council accept the role as Planning Proposal Authority for the planning proposal applicable to land at 64 Mackillop Drive and 34 Salamander Grove, Baulkham Hills (5/2018/PLP).
2. A planning proposal be submitted to the Department of Planning and Environment for a Gateway Determination.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 26 June 2018
This is Page 6 of the Minutes of the Ordinary Meeting of The Hills Shire Council held on 26 June 2018
3. Council proceed to discuss with the Applicant the preparation a draft Voluntary Planning Agreement which resolves the issues relating to the increased demand for local infrastructure generated by the additional residential density; and
4. Following preparation of a draft Voluntary Planning Agreement (addressing increased demand for local infrastructure), and prior to any public exhibition of the planning proposal, a report on the draft Voluntary Planning Agreement be submitted to Council for consideration.
THE MOTION WAS PUT AND CARRIED UNANIMOUSLY.
311 RESOLUTION
1. Council accept the role as Planning Proposal Authority for the planning proposal applicable to land at 64 Mackillop Drive and 34 Salamander Grove, Baulkham Hills (5/2018/PLP).
2. A planning proposal be submitted to the Department of Planning and Environment for a Gateway Determination.
3. Council proceed to discuss with the Applicant the preparation a draft Voluntary Planning Agreement which resolves the issues relating to the increased demand for local infrastructure generated by the additional residential density; and
4. Following preparation of a draft Voluntary Planning Agreement (addressing increased demand for local infrastructure), and prior to any public exhibition of the planning proposal, a report on the draft Voluntary Planning Agreement be submitted to Council for consideration.
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 A J Hay OAM Clr A N Haselden Clr R M Tracey
VOTING AGAINST THE MOTION None
ABSENT Clr S P Uno
Clr Dr P J Gangemi
ORDINARY MEETING OF COUNCIL 26 JUNE, 2018
ITEM-3 FURTHER REPORT - PLANNING PROPOSAL - 64 MACKILLOP DRIVE AND 34 SALAMANDER GROVE, BAULKHAM HILLS (5/2018/PLP)
THEME: Balanced Urban Growth.
OUTCOME: 7 Responsible planning facilitates a desirable living environment and meets growth targets.
STRATEGY: 7.2 Manage new and existing development with a robust framework of policies, plans and processes that is in accordance with community needs and expectations.
MEETING DATE: 26 JUNE 2018 COUNCIL MEETING
GROUP: STRATEGIC PLANNING
AUTHOR: TOWN PLANNER
KAYLA ATKINS
RESPONSIBLE OFFICER: MANAGER – FORWARD PLANNING STEWART SEALE
EXECUTIVE SUMMARY
This report outlines the implications of Council accepting or refusing the role as Planning Proposal Authority (formerly known as Relevant Planning Authority) for the planning proposal following the determination by the Central City Planning Panel that the proposal be forwarded to the Department of Planning and Environment for Gateway Determination.
Should Council accept the role as Planning Proposal Authority, the planning proposal will follow the usual process and Council will have the opportunity to undertake the public exhibition, consider submissions, negotiate an infrastructure solution and determine whether the proposal proceed to finalisation.
If Council refuses the role as Planning Proposal Authority, the Central City Planning Panel will be appointed to the role and undertake the functions that Council normally would in processing the planning proposal. This option takes much of the processing of the proposal out of Councils hands. There is a risk that the Panel may not account for the additional infrastructure demand generated from the proposal to the satisfaction of Council.
It is open to Council to either accept or refuse the role as Planning Proposal Authority.
PROPONENT
Aqualand Dee Why Development Pty Ltd OWNER
Aqualand Development 3
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PAGE 127 THE HILLS LOCAL ENVIRONMENTAL PLAN 2012
Existing Proposed by Proponent
Zone: R2 Low Density and R3 Medium Density
R2 Low Density, R3 Medium Density, R4 High Density and RE1 Public Recreation
Maximum
Height: 9m 9m, 12m and 16m
Heritage:
Minimum Lot
Size: 700m² No change
Maximum Floor Space
Ratio: Not applicable No change
POLITICAL DONATIONS Nil disclosures by the Proponent.
HISTORY
22/03/2011 Application lodged to amend the Baulkham Hills Development Control Plan and introduce site specific development controls for 64 Mackillop Drive, Baulkham Hills.
22/11/2013 Notification of The Hills Local Environmental Plan 2012 with land at 64 Mackillop Drive rezoned and maximum height of building increased.
25/09/2017 Planning proposal lodged for 64 Mackillop Drive and 34 Salamander Grove, Baulkham Hills to rezone the site, increase maximum height of building and amend the heritage map to facilitate approximately 408 dwellings.
21/11/2017 Planning proposal presented to Councillor Workshop.
12/12/2017 Council considered a report on the planning proposal and resolved that the matter not proceed to Gateway Determination (Attachment 1).
25/01/2018 Rezoning Review request submitted by Proponent to the Department of Planning and Environment (Attachment 2).
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23/02/2018 Council Rezoning Review submission sent to the Department of Planning and Environment.
17/05/2018 Sydney Central City Planning Panel determined that the planning proposal proceed to Gateway Determination (Attachment 3).
24/05/2018 Council invited to be the Planning Proposal Authority and given 42 days to accept (Attachment 4).
REPORT
The purpose of this report is to consider whether Council should be the Planning Proposal Authority for a planning proposal to amend The Hills Local Environmental Plan 2012 (LEP 2012) for a change of zone, increase in maximum height of building and amendments to the heritage map to facilitate high density residential development at 64 Mackillop Drive and 34 Salamander Grove, Baulkham Hills.
The Panel’s Secretariat must be advised of Council’s decision to accept or reject the role by 5 July 2018. If Council accepts this role, a planning proposal will need to be submitted for a Gateway Determination within 42 days of acceptance (no later than 16 August 2018).
CENTRAL CITY PLANNING PANEL MEETING AND DECISION
Attachment 3 provides the Record of Decision made by the Sydney Central City Planning Panel in relation to the proposal. While it was determined that the proposal proceed to Gateway Determination, the Panel acknowledged the issues raised by Council with respect to the full impact of the proposal on the local road network in the context of the incoming Sydney Metro Northwest and the future development in the locality.
The Panel determination requires investigation into the necessary infrastructure and service upgrades generated by the additional yield resulting from the proposal. The panel required a revised Voluntary Planning Agreement (VPA) to be prepared in consultation with Council to address any deficits in local physical and social infrastructure.
It is unclear whether the Panel can direct Council to enter into a Voluntary Planning Agreement. While it has indicated that a revised VPA must be prepared, it is considered beyond the Panel’s power to require Council to enter into the VPA, given they are voluntary. The implications of infrastructure demand are discussed with respect to each option below.
OPTIONS
The options for progressing this planning proposal are presented below for Council’s consideration:
Option 1 – Accept the Role as Planning Proposal Authority
If Council accepts the role as Planning Proposal Authority, it will be responsible for submitting a planning proposal to the Department of Planning and Environment for Gateway.
Should a Gateway Determination be granted, Council would then undertake public exhibition and make any necessary variations to the planning proposal in response to community and public authority submissions.
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PAGE 129 The Department of Planning’s Guide to Preparing Local Environmental Plans states that
‘proposals can be built upon, or evolve, as a consequence of more detailed studies and investigations in the period following the initial Gateway Determination and leading up to community consultation’.
Further, the Environmental Planning and Assessment Act 1979 provides the following:
“3.35 Planning proposal authority may vary proposals or not to proceed (1) The planning proposal authority may, at any time, vary its proposals as a
consequence of its consideration of any submission or report during community consultation or for any other reason.
(2) If it does so, the planning proposal authority is to forward a revised planning proposal to the Minister or, if the planning proposal relates to the Greater Sydney Region, to the Greater Sydney Commission.
(3) Further community consultation under section 57 is not required unless the Minister or Greater Sydney Commission so directs in a revised determination under section 3.34.
(4) The planning proposal authority may also, at any time, request the Minister or Greater Sydney Commission to determine that the matter not proceed”.
Following public exhibition, Council will consider a report on the outcome of the exhibition and make a decision on whether to finalise the planning proposal.
An overview of the process if Council accepts the role of Planning Proposal Authority is included in Attachment 5.
If the role is accepted, Council will control the processing of the planning proposal including public exhibition, consideration of submissions, any necessary changes to the proposal and make a determination as to whether the proposal should proceed to finalisation. It will give Council the opportunity to assess the infrastructure needs associated with the additional yield from the proposal as well as the cumulative impacts from nearby developments in the Norwest Precinct and in turn negotiate a revised Voluntary Agreement. In addition, amendments to the site-specific Development Control Plan would be needed to support the proposal and Council could process these amendments in conjunction with the planning proposal.
Accepting the role of Planning Proposal Authority follows the usual process for planning proposals, however Council is usually not delegated the plan making function at the end of the process. If this option is taken it is recommended that:
1. Council accept the role as Planning Proposal Authority for the planning proposal applicable to land at 64 Mackillop Drive and 34 Salamander Grove, Baulkham Hills (5/2018/PLP).
2. A planning proposal be submitted to the Department of Planning and Environment for a Gateway Determination.
3. Council proceed to discuss with the Applicant the preparation a draft Voluntary Planning Agreement which resolves the issues relating to the increased demand for local infrastructure generated by the additional residential density; and
ORDINARY MEETING OF COUNCIL 26 JUNE, 2018
4. Following preparation of a draft Voluntary Planning Agreement (addressing increased demand for local infrastructure), and prior to any public exhibition of the planning proposal, a report on the draft Voluntary Planning Agreement be submitted to Council for consideration.
Option 2 – Refuse the role as Planning Proposal Authority
If Council refuses the role as Planning Proposal Authority for the planning proposal the Central City Planning Panel will be appointed as the Planning Proposal Authority.
This option will require the Panel to prepare the planning proposal, meet any conditions of the Gateway Determination, undertake public exhibition, undertake consultation with public authorities, consider submissions and make a determination as to whether the proposal should be finalised. The Panel will perform all the functions that Council normally would in processing the planning proposal.
An overview of this process should Council choose not to accept the role of Planning Proposal Authority is included in Attachment 6.
This option will not allow Council to have direct control over the outcome for the site.
Council’s role will be limited to providing some administrative support to the Panel and making a submission when the proposal is publicly exhibited. There is a risk that the Panel could finalise the planning proposal without appropriately accounting for the infrastructure demand generated by the proposal. Council would then have limited ability to enter into a Voluntary Planning Agreement to account for this demand. In addition, should the proposal be finalised amendments to the site-specific Development Control Plan would be needed to support the proposal which Council would need to process after the planning proposal is finalised.
If this option is taken it is recommended that:
1. Council refuse the role as Planning Proposal Authority for the planning proposal applicable to land at 64 Mackillop Drive and 34 Salamander Grove, Baulkham Hills (5/2018/PLP).
2. The Planning Panels Secretariat be advised of this decision.
CONCLUSION
Despite Council’s resolution that the planning proposal not proceed to Gateway Determination, the Sydney Central City Planning Panel determined that the proposal progress to Gateway.
The implications of accepting or refusing the role as Planning Proposal Authority are outlined in this report. It is open to Council to consider the risks of each option and determine whether it wishes to be the Planning Proposal Authority in this instance.
IMPACTS Financial
This matter has no direct financial impact upon Council's adopted budget or forward estimates.
There is the potential for Council and the Proponent to enter into a Voluntary Planning Agreement to secure a wider community benefit and contributions to required local infrastructure upgrades.
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PAGE 131 The Hills Future – Community Strategic Plan
Accepting the role as Planning Proposal Authority will allow Council to guide, and if necessary, amend the planning proposal to align with Council’s planning framework that reflects responsible planning and good management of the Shire’s natural and built environment.
RECOMMENDATION
Council determine whether to accept or refuse the role as Planning Proposal Authority as outlined in this report.
ATTACHMENTS
1. Council Report and Minute, 12 December 2017 (22 pages) 2. Department Briefing Report to Panel (16 pages)
3. Sydney Central City Planning Panel Record of Decision, 17 May 2018 (3 pages) 4. Invitation to Council to be Relevant Planning Authority, 24 May 2018 (1 page) 5. Process if Council is Planning Proposal Authority (1 page)
6. Process if Council is not Planning Proposal Authority (1 Page)
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