MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 08 June 2021
ITEM SUBJECT PAGE
ITEM-1 CONFIRMATION OF MINUTES 3
ITEM-2 PLANNING PROPOSAL - 9 PALARAN AVENUE, NORTH KELLYVILLE (3/2021/PLP)
3
ITEM-3 POST EXHIBITION - DRAFT DEVELOPMENT CONTROL PLAN AMENDMENTS - CONSTRUCTION AND DEDICATION OF LOCAL ROADS (FP171)
4
ITEM-4 DRAFT HILLS SHIRE PLAN 2021/22 7
ITEM-5 LOCAL GOVERNMENT REMUNERATION TRIBUNAL 5
ITEM-6 LEASE BETWEEN THE HILLS SHIRE COUNCIL AND AXICOM PTY LIMITED
6
ITEM-7 PROPERTY DEALINGS RELATING TO DEVELOPMENT MATTERS
6
ITEM-8 PROPOSED LAND ACQUISITION PART LOT 1 DP 773411 - 41 WITHERS ROAD NORTH KELLYVILLE
6
ITEM-9 EASEMENT FOR STREET LIGHTING - LOT 13 DP 263417, RICHARD WEBB RESERVE NO. 153
7
ITEM-10 AMENDMENT TO VARIOUS EASEMENTS REPORT BETWEEN THE HILLS SHIRE COUNCIL AND SYDNEY METRO - BELLA VISTA METRO PRECINCT
7
QUESTIONS WITHOUT NOTICE 8
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 08 June 2021
271 PRESENT
Mayor Dr M R Byrne (In the Chair) Clr S P Uno (Deputy Mayor) Clr Dr P J Gangemi
Clr B L Collins OAM Clr M G Thomas Clr E M Russo Clr F P De Masi Clr A J Hay OAM Clr R M Tracey Clr R Jethi
272 APOLOGIES Clr A N Haselden Clr J Jackson
273 TIME OF COMMENCEMENT 7.04pm
274 TIME OF COMPLETION 7.41pm
275 DECLARATIONS OF INTEREST Nil.
276 ARRIVALS AND DEPARTURES
7.11pm Councillor Thomas arrived at the meeting during Item 3.
277 DISSENT FROM COUNCIL'S DECISIONS
Item 4 Councillor Jethi and Councillor Thomas 278 ADJOURNMENT & RESUMPTION
Nil.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 08 June 2021
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 COLLINS OAM AND SECONDED BY COUNCILLOR DE MASI THAT the Minutes of the Ordinary Meeting of Council held on 25 May 2021 be confirmed.
THE MOTION WAS PUT AND CARRIED.
279 RESOLUTION
The Minutes of the Ordinary Meeting of Council held on 25 May 2021 be confirmed.
APOLOGIES
A MOTION WAS MOVED BY COUNCILLOR HAY OAM AND SECONDED BY COUNCILLOR RUSSO THAT the apologies from Councillors Haselden and Jackson be accepted and leave of absence granted.
THE MOTION WAS PUT AND CARRIED.
280 RESOLUTION
The apologies from Councillors Haselden and Jackson be accepted and leave of absence granted.
COMMUNITY FORUM
There were no addresses to Council during Community Forum.
ITEM-2 PLANNING PROPOSAL - 9 PALARAN AVENUE, NORTH KELLYVILLE (3/2021/PLP)
A MOTION WAS MOVED BY COUNCILLOR TRACEY AND SECONDED BY COUNCILLOR UNO THAT the Recommendation contained in the report be adopted.
THE MOTION WAS PUT AND CARRIED UNANIMOUSLY.
281 RESOLUTION
The planning proposal for land at 9 Palaran Avenue, North Kellyville be forwarded to the Department of Planning, Industry and Environment for Gateway Determination, subject to the following:
1. Inclusion of a local provision that applies a maximum cap of 7 dwellings to the portion of land currently zoned E4 Environmental Living (to be rezoned to R2 Low Density Residential);
2. Submission of a Bushfire Assessment Report to satisfy Section 9.1 Ministerial Direction 4.4.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 08 June 2021
3. Amendments to Section 3.6.2 of the North Kellyville DCP (2018) (Attachment 3) be publicly exhibited concurrent with the planning proposal, to include the following site specific development control, applicable to 9 Palaran Avenue, North Kellyville:
Any future subdivision of land at 9 Palaran Avenue, North Kellyville (Lot 3 DP 249675), which is subject to a minimum lot size of 600m2, must not result in the creation of battle-axe lots
4. A copy of the draft amendment to the North Kellyville DCP (2018) (Attachment 3) be forwarded to the Secretary of the Department of Planning, Industry and Environment as per the requirements of Council’s delegation to amend the Plans.
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 Dr P J Gangemi Clr B L Collins OAM Clr E M Russo Clr A J Hay OAM Clr S P Uno Clr F P De Masi Clr R M Tracey
VOTING AGAINST THE MOTION None
ABSENT FROM THE ROOM Clr M G Thomas
MEETING ABSENT Clr J Jackson
Clr A N Haselden
7.11pm Councillor Thomas arrived at the meeting during Item 3.
ITEM-3 POST EXHIBITION - DRAFT DEVELOPMENT CONTROL PLAN AMENDMENTS - CONSTRUCTION AND DEDICATION OF LOCAL ROADS (FP171)
A MOTION WAS MOVED BY COUNCILLOR UNO AND SECONDED BY COUNCILLOR COLLINS OAM THAT the Recommendation contained in the report be adopted.
THE MOTION WAS PUT AND CARRIED UNANIMOUSLY.
282 RESOLUTION
1. Draft amendments to The Hills Development Control Plan 2012, the North Kellyville Precinct Development Control Plan and the Box Hill Development Control Plan (provided as Attachments 2, 3 and 4 respectively) be adopted.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 08 June 2021
2. Copies of the adopted North Kellyville and Box Hill Growth Centre Precincts Development Control Plans (Attachments 3 and 4 respectively) be forwarded to the Secretary of the Department of Planning, Industry and Environment 15 days prior to the plans coming into force, as per the requirements of Council’s delegation to amend these Plans.
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 Dr P J Gangemi Clr B L Collins OAM Clr M G Thomas Clr E M Russo Clr A J Hay OAM Clr S P Uno Clr F P De Masi Clr R M Tracey
VOTING AGAINST THE MOTION None
MEETING ABSENT Clr J Jackson
Clr A N Haselden
CALL OF THE AGENDA
A MOTION WAS MOVED BY COUNCILLOR HAY OAM AND SECONDED BY COUNCILLOR DE MASI THAT items 5, 6, 7, 8, 9 and 10 be moved by exception and the recommendations contained therein be adopted.
THE MOTION WAS PUT AND CARRIED.
283 RESOLUTION
Items 5, 6, 7, 8, 9 and 10 be moved by exception and the recommendations contained therein be adopted.
ITEM-5 LOCAL GOVERNMENT REMUNERATION TRIBUNAL 284 RESOLUTION
1. The maximum fee for Councillors in Councils classified as Metropolitan Large
$31,020 be adopted for 2021/2022.
2. The maximum fee for Mayors in Councils classified as Metropolitan Large $90,370 be adopted for 2021/2022.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 08 June 2021
ITEM-6 LEASE BETWEEN THE HILLS SHIRE COUNCIL AND AXICOM PTY LIMITED
285 RESOLUTION
1. That Council’s intention to enter into Lease Agreements with Axicom Pty Limited on the terms and conditions detailed in this report with Leases authorised for execution under Seal located on the following reserve; Part Lot 60 DP 10702 Kellyville Memorial Park, Memorial Road, Kellyville, be exhibited in accordance with the Local Government Act.
2. That if no submissions are received by way of objection that the Lease be executed without further report to Council.
ITEM-7 PROPERTY DEALINGS RELATING TO DEVELOPMENT MATTERS
286 RESOLUTION
1. Council consent to the release of three temporary easements for access, drainage and services from the title of Lot 46 DP 650442, Lot 45 DP 215026, Lot 1 DP 566580 and Lot 171 DP 1248723, RMB 57-63 Windsor Road, Norwest and the associated legal documents be authorised for execution under seal.
2. Council consent to the release of two temporary easements for access and drainage from the title of Lot 83 DP 1232739, 41 Longmeadow Parkway, Box Hill and the associated legal documents be authorised for execution under seal.
3. Council consent to the release of a temporary easement for access from the title of Lot 1 DP 1263755, 45 Mason Road, Box Hill and the associated legal documents be authorised for execution under seal.
4. Council consent to the release of two restrictions on the use land from the title of the planned lots created by the subdivision of Lot 40 DP 1249664 and Lot 830 DP 1254353, 19 Hollindale Street and Rangy Street, Box Hill and the associated legal documents be authorised for execution under seal.
5. Council consent to the partial release of a temporary drainage easement and associated restriction on the use of land and positive covenant from the title of Lot 1771 DP 1206301 and Lot 304 DP 1233857, 3-7 Edwards Road, Box Hill and the associated legal documents be authorised for execution under seal.
ITEM-8 PROPOSED LAND ACQUISITION PART LOT 1 DP 773411 - 41 WITHERS ROAD NORTH KELLYVILLE 287 RESOLUTION
1. Council agree to the purchase of Part Lot 1 DP 773411 for the market value amount of
$375,000.00 excluding GST, and disturbance costs as outlined in this report with a Contract of Sale and any required Deeds, plans, instruments, transfers and any other associated documents required be authorised for execution under seal.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 08 June 2021
2. Upon acquisition, Council classify Part Lot 1 DP 773411 as “Community” Land and deemed non rateable pursuant to Sections 25 and 556 of the Local Government Act 1993.
ITEM-9 EASEMENT FOR STREET LIGHTING - LOT 13 DP 263417, RICHARD WEBB RESERVE NO. 153
288 RESOLUTION
Council agree to the creation of easement for access & maintenance in favour of Endeavour Energy for two street light poles and underground cabling of 24m (l) x 1m (w) & variable along with associated Restriction on Use within Lots 13 & 14 DP 263417, Richard Webb Reserve No. 153, Gray Spence Avenue, West Pennant Hills as described within this report, with all Plans, Section 88B instruments, Deeds and Transfers Granting Easement documents authorised for execution under Seal
ITEM-10 AMENDMENT TO VARIOUS EASEMENTS REPORT BETWEEN THE HILLS SHIRE COUNCIL AND SYDNEY METRO - BELLA VISTA METRO PRECINCT
289 RESOLUTION
1. Council amend Resolution 195 (1) of Item 10 of meeting dated 27 April 2021 to:
Council agree to the Transfer Granting Easement and associated terms in favour of Sydney Metro for proposed easement (F) on Deposited Plan 1250875 with Plans, Section 88B instruments, Deeds and Transfers Granting Easements authorised for execution under Seal.
2. Council retain Resolution 195 (2) of Item 10 of meeting dated 27 April 2021 to:
Council agree to the Transfer Granting Easement and associated terms in favour of The Hills Shire Council for proposed easement (E) on Deposited Plan 1252816 with Plans, Section 88B instruments, Deeds and Transfers Granting Easements authorised for execution under Seal.
ITEM-4 DRAFT HILLS SHIRE PLAN 2021/22
A MOTION WAS MOVED BY COUNCILLOR UNO AND SECONDED BY COUNCILLOR DR GANGEMI THAT the Recommendation contained in the report be adopted.
THE MOTION WAS PUT AND CARRIED.
290 RESOLUTION
1. The Draft Hills Shire Plan FY21/22 consisting of the Hills Future Community Strategic Plan, Delivery Program, Resourcing Strategy, Operational Plan, and the Fees & Charges be adopted and funds be voted. (Attachment 1).
2. Council make its Residential, Business and Farm Land rates for 2021/2022 in accordance with Section 535 of the Local Government Act 1993 such rate to be as follows:
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 08 June 2021
Type Base Amount
Yield %
Base Amount
$
Ad Valorem Cents in the $
Residential 47.60% $531.28 0.083925
Business 16.79% $368.22 0.195552
Farmland 32.04% $460.14 0.036973
3. Council fix its interest charge on overdue rates and charges in accordance with the amendment of Section 566 (3) of the Local Government Act 1993 at the rate of 6% per annum from 01/07/21 to 30/06/22, as determined by Minister for Local Government.
4. In respect of the submissions received, Council adopt the Recommendations contained in Attachment 2 and write to the relevant parties to thank them for their submission and inform them of Council's decision.
(Councillor Thomas and Jethi requested their names be recorded as opposing the Resolution of Council in this matter)
Councillors TRACEY and HAY OAM rose for a Division. The result of the Division was as follows:-
VOTING FOR THE MOTION Mayor Dr M R Byrne
Clr F P De Masi Clr E M Russo Clr B L Collins OAM Clr A J Hay OAM Clr R M Tracey Clr Dr P J Gangemi Clr S P Uno
VOTING AGAINST THE MOTION Clr M G Thomas
Clr R Jethi
MEETING ABSENT Clr A N Haselden Clr J Jackson
QUESTIONS WITHOUT NOTICE
291 BLACK SPOT AND SAFER LOCAL ROADS PROGRAMS
Councillor Dr Gangemi noted that in August 2020, Council made application to the Black Spot and Safer Local Roads Program for intersections such as Annangrove/Withers, Annangrove/Edwards, Withers/Foxall and various locations on Cattai Ridge Road and Edwards Road and asked how these applications are progressing?
The Group Manager, Shire Strategy, Transformation & Solutions advised that Council has not had any response yet on those applications and will pursue the matter again.
Councillors may be aware that Council is preparing the next round of applications to fund these projects.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 08 June 2021
Councillor Dr Gangemi asked whether Council should have been informed about the funding by this time of the year?
The Group Manager, Shire Strategy, Transformation & Solutions advised that Council has normally been advised by now, which of course informs the future budget.
292 WITHERS ROAD ROUNDABOUT, KELLYVILLE
Councillor Dr Gangemi asked for an update on the progress of the proposed two lane roundabout at Withers Road, Mungerie Road and Applegum Crescent, Kellyville between Beaumont Hills and North Kellyville.
The Group Manager, Shire Strategy, Transformation & Solutions advised he would take the matter on notice.
293 EQUINOX DRIVE RESERVE, BOX HILL
Councillor Dr Gangemi asked for an update on when the tender for Equinox Drive Reserve will be awarded and what is the timelines for construction and overall project delivery?
The Group Manger, Infrastructure & Works advised that Tenders close at the end of this week for Equinox Drive Reserve project and will hopefully be constructed by the end of the calendar year.
294 KENTHURST PARK, KENTHURST
Councillor Dr Gangemi enquired whether the detailed design for the southern field expansion of Kenthurst Park has been completed and could he have an update of the project when construction begins?
The Group Manager - Infrastructure & Works advised that the detailed design has been finalised and will be handed to the construction team shortly.
The Minutes of the above Meeting were confirmed at the Meeting of the Council held on 22 June 2021.
MAYOR GENERAL MANAGER
