MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 14 March 2023
ITEM SUBJECT PAGE
ITEM 1 CONFIRMATION OF MINUTES 3
ITEM 2 NOTICE OF MOTION – TRANSITIONING OUT OF GAS 3 ITEM 3 PLANNING PROPOSAL – 10-16 SEVEN HILLS ROAD, BAULKHAM
HILLS (4/2022/PLP)
4
ITEM 4 POST EXHIBITION – REVIEW OF CONTRIBUTIONS PLAN NO. 6 – EXTRACTIVE INDUSTRIES (FP44)
5
ITEM 5 POST-EXHIBITION - REVIEW OF PLANNING PROPOSAL POLICY (POLICY 22/2017-2020)
6
ITEM 6 LEASE RENEWAL - CASTLE HILL PRESCHOOL KINDERGARTEN INC AT 139 CECIL AVENUE CASTLE HILL
7
ITEM 7 PLANNING PANEL CHANGES 7
ITEM 8 PROPERTY DEALINGS RELATING TO DEVELOPMENT MATTERS 7 ITEM 9 VARIATION TO DEED – RECREATIONAL FACILITIES ON SYDNEY
WATER TRUNK DRAINAGE LAND
8
ITEM 10 TENDER T23/0009 – CONSTRUCTION OF STRINGER ROAD RESERVE SPORTS COMPLEX, NORTH KELLYVILLE
8
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 14 March 2023
63. PRESENT
Mayor Dr P Gangemi (In the Chair) Clr M Hodges (Deputy Mayor) Clr R Boneham
Clr R Tracey Clr J Cox Clr A Hay OAM Clr M Blue Clr J Brazier Clr Dr M Kasby
64. APOLOGIES Clr Dr B Burton Clr V Ellis Clr F De Masi Clr R Jethi
65. TIME OF COMMENCEMENT 7.03pm
66. TIME OF COMPLETION 8.39pm
67. DECLARATIONS OF INTEREST Nil.
68. ARRIVALS AND DEPARTURES Nil.
69. DISSENT FROM COUNCIL'S DECISIONS Nil.
70. ADJOURNMENT & RESUMPTION
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 14 March 2023
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 BONEHAM THAT the Minutes of the Ordinary Meeting of Council held on 21 February 2023 be confirmed.
THE MOTION WAS PUT AND CARRIED.
71. RESOLUTION
The Minutes of the Ordinary Meeting of Council held on 21 February 2023 be confirmed.
APOLOGIES AND LEAVE OF ABSENCE
A MOTION WAS MOVED BY COUNCILLOR HODGES AND SECONDED BY COUNCILLOR BRAZIER THAT the apologies from Councillors Dr Burton, De Masi, Ellis and Jethi be accepted and leave of absence granted.
(Councillor Ellis has requested leave of absence commencing 14 March 2023 and concluding 14 June 2023)
THE MOTION WAS PUT AND CARRIED.
72. RESOLUTION
The apologies from Councillors Dr Burton, De Masi, Ellis and Jethi be accepted and leave of absence granted.
ITEM 2 NOTICE OF MOTION – TRANSITIONING OUT OF GAS Proceedings in Brief
Dr Kim Loo (Chair) of Hills Doctors Association (in favour) addressed Council regarding this matter.
A MOTION WAS MOVED BY COUNCILLOR HAY OAM AND SECONDED BY COUNCILLOR DR KASBY THAT this matter be deferred to a Councillor Workshop or Strategic Planning Workshop within the next three (3) months.
THE MOTION WAS PUT AND CARRIED.
73. RESOLUTION
This matter be deferred to a Councillor Workshop or Strategic Planning Workshop within the next three (3) months.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 14 March 2023
Councillors TRACEY and DR KASBY rose for a Division. The result of the Division was as follows:-
VOTING FOR THE MOTION Clr M Hodges
Clr R Boneham Clr M Blue Clr J Brazier Clr Dr M Kasby Clr R Tracey Clr A Hay OAM
VOTING AGAINST THE MOTION Mayor Dr P Gangemi
Clr J Cox
MEETING ABSENT Clr Dr B Burton Clr V Ellis Clr R Jethi Clr F De Masi
ITEM 3 PLANNING PROPOSAL – 10-16 SEVEN HILLS ROAD, BAULKHAM HILLS (4/2022/PLP)
Proceedings in Brief
Jonathon Wood of Think Planners (against) addressed Council regarding this matter.
A MOTION WAS MOVED BY COUNCILLOR TRACEY AND SECONDED BY COUNCILLOR COX THAT the Recommendation contained in the report be adopted.
THE MOTION WAS PUT AND CARRIED UNANIMOUSLY.
74. RESOLUTION
The planning proposal for land at 10-16 Seven Hills Road, Baulkham Hills (Lot 1-2 DP 366137, Lot D DP 357085, and Lot F DP 363039) not proceed to Gateway Determination, on the basis that:
a) In the absence of a commitment from the NSW State Government to resolve regional traffic and transport issues impeding development within the Baulkham Hills Town Centre, the proposal is inconsistent with the policy position articulated within Council’s Local Strategic Planning Statement, specifically identifying that Council will
“discourage commercial and residential uplift in Baulkham Hills town centre until transport and traffic issues are resolved”.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 14 March 2023
b) The development concept submitted depicts an outcome which is considered beyond the built form capacity of the site and fails to demonstrate adequate site-specific merit to warrant further progression. The proposal does not demonstrate a superior site- specific outcome in comparison to redevelopment opportunities already possible under the current controls.
c) The development site is under the minimum required 4,000m2 to deliver a residential flat building under LEP 2019. It is evident that the potential issues and constraints associated with development of an undersized development site would likely be exacerbated as a result of increased density and yield beyond that already permitted under the current controls.
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 R Boneham Clr M Blue Clr J Cox Clr J Brazier Clr Dr M Kasby Clr R Tracey Clr A Hay OAM
VOTING AGAINST THE MOTION None
MEETING ABSENT Clr Dr B Burton Clr V Ellis Clr R Jethi Clr F De Masi
ITEM 4 POST EXHIBITION – REVIEW OF CONTRIBUTIONS PLAN NO. 6 – EXTRACTIVE INDUSTRIES (FP44)
A MOTION WAS MOVED BY COUNCILLOR BLUE AND SECONDED BY COUNCILLOR COX THAT the Recommendation contained in the report be adopted.
THE MOTION WAS PUT AND CARRIED UNANIMOUSLY.
75. RESOLUTION
Draft Contributions Plan No.6 – Extractive Industries (Attachment 1), including post exhibition amendments, be adopted and come into force when publicly notified in accordance with the requirements of the Environmental Planning and Assessment Regulation 2021.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 14 March 2023
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 R Boneham Clr M Blue Clr J Cox Clr J Brazier Clr Dr M Kasby Clr R Tracey Clr A Hay OAM
VOTING AGAINST THE MOTION None
MEETING ABSENT Clr Dr B Burton Clr V Ellis Clr R Jethi Clr F De Masi
ITEM 5 POST-EXHIBITION - REVIEW OF PLANNING PROPOSAL POLICY (POLICY 22/2017-2020)
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 UNANIMOUSLY.
76. RESOLUTION
Council proceed with Option 3 in this report and adopt the draft Planning Proposal Policy, as exhibited and provided as Attachment 2.
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 R Boneham Clr M Blue Clr J Cox Clr J Brazier Clr Dr M Kasby Clr R Tracey Clr A Hay OAM
VOTING AGAINST THE MOTION
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 14 March 2023
MEETING ABSENT Clr Dr B Burton Clr V Ellis Clr R Jethi Clr F De Masi
CALL OF THE AGENDA
A MOTION WAS MOVED BY COUNCILLOR COX AND SECONDED BY COUNCILLOR HODGES THAT items 6, 7, 8 and 10 be moved by exception and the recommendations contained therein be adopted.
THE MOTION WAS PUT AND CARRIED.
77. RESOLUTION
Items 6, 7, 8 and 10 be moved by exception and the recommendations contained therein be adopted.
ITEM 6 LEASE RENEWAL - CASTLE HILL PRESCHOOL KINDERGARTEN INC AT 139 CECIL AVENUE CASTLE HILL
78. RESOLUTION
1. Council approve renewal of the ten (10) year lease to Castle Hill Preschool Kindergarten Inc pursuant to the terms & conditions detailed in this report with Lease authorised for execution under seal.
2. The proposed Lease to be advertised in accordance with Section 47 Local Government Act, 1993, NSW. If any submissions are received by way of objection, a further report will be brought back to Council.
ITEM 7 PLANNING PANEL CHANGES 79. RESOLUTION
The General Manager be delegated authority to select experts & community members of the Hills Local Planning Panel as required in consultation with the Mayor.
ITEM 8 PROPERTY DEALINGS RELATING TO DEVELOPMENT MATTERS 80. RESOLUTION
1. Council consent to the release of three restrictions on the use of land from the title of Lot 102 DP 1278723, Development Lot, The Water Lane, Box Hill and the associated documents be authorised for execution under Council seal.
2. Council consent to the release of temporary easements associated with four temporary cul-de-sac turning heads affecting the following properties and the associated documents
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 14 March 2023
• Lot 1367 DP 1211084, 29 Gromark Terrace, Gables
• Lot 3 DP 1244688, 64 Fontana Drive, Gables
• Lot 6 DP 1244688, 5 Satin Way, Gables
• Lot 2057 DP 1217660, 4 Satin Way, Gables
• Lot 2058 DP 1217660, 6 Satin Way, Gables
• Lot 2059 DP 1217660, 19 Mariposa Road, Gables
• Lot 7 DP 1244691, 2 Goldstone Way, Gables
• Lot 1 DP 1244692, 69 Barlow Boulevard, Gables
• Lot 2 DP 1244692, 71 Barlow Boulevard, Gables
• Lot 3 DP 1244692, 73 Barlow Boulevard, Gables
ITEM 10 TENDER T23/0009 – CONSTRUCTION OF STRINGER ROAD RESERVE SPORTS COMPLEX, NORTH KELLYVILLE
81. RESOLUTION
1. Council accept the tender offer of the Recommended Tenderer for Tender T23-0009 for the price and contingency set out in Confidential Attachment 1 to this report for the construction of the Stringer Road Reserve Sporting Complex.
2. Authority be delegated to the General Manager to execute the contract relating to the tender.
3. The General Manager be delegated the authority to enter into negotiations with the recommended tenderer as a contract variation with a view to constructing the roundabout or part thereof as necessary to service the facility. Should the negotiation be unsuccessful, fresh tender submissions for the roundabout component be sought based on the same or different details.
ITEM 9 VARIATION TO DEED – RECREATIONAL FACILITIES ON SYDNEY WATER TRUNK DRAINAGE LAND
A MOTION WAS MOVED BY COUNCILLOR COX AND SECONDED BY COUNCILLOR HODGES THAT the Recommendation contained in the report be adopted.
THE MOTION WAS PUT AND CARRIED.
82. RESOLUTION
1. It is recommended Council execute the Agreement with Sydney Water Corporation ABN 49 776 335 038 with the inclusion of the section between Arnold and Gorman avenue to be included as part of the existing schedule of properties within current agreement to be authorised for execution under Council seal.
2. It is recommended the General Manager has the authority to sign any variation in relation to amending the existing schedule any properties in which Council and Sydney Water require easements under the same conditions to deliver infrastructure as per the
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 14 March 2023
The Minutes of the above Meeting were confirmed at the Meeting of the Council held on 21 March 2023.
