MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 22 March 2016
ITEM SUBJECT PAGE
ITEM-1 CONFIRMATION OF MINUTES 3
MAYORAL MINUTE - CAPITAL WORKS DELAYS 3
COMMUNITY FORUM 4
ITEM-2 PLANNING PROPOSAL - 28 FAIRWAY DRIVE, KELLYVILLE (6/2016/PLP)
4
ITEM-3 PLANNING PROPOSAL - 2-6 AND 7 MAITLAND PLACE, BAULKHAM HILLS (5/2016/PLP)
5
ITEM-4 SALE OF LAND WITHIN BOX HILL NORTH PRECINCT SUBJECT TO VOLUNTARY PLANNING AGREEMENT (FP218)
6
ITEM-5 BUDGET REVIEW AS AT 29 FEBRUARY 2016 8 ITEM-6 APPLICATIONS FOR DONATIONS UNDER SECTION
356 OF THE LOCAL GOVERNMENT ACT - MARCH 2016
8
ITEM-7 INFORMATION AND STATUS REPORTS 8
QUESTIONS WITHOUT NOTICE 9
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 22 March 2016
119 PRESENT
Clr Dr M R Byrne Adjunct Professor (Mayor, in the Chair) Clr Y D Keane (Deputy Mayor)
Clr Dr P J Gangemi Clr R K Harty OAM Clr A C Jefferies Clr Dr J N Lowe Clr R A Preston Clr M O Taylor MP Clr M G Thomas Clr R M Tracey
120 APOLOGIES Clr A N Haselden Clr A J Hay OAM
121 TIME OF COMMENCEMENT 7.11pm
122 TIME OF COMPLETION 8.09pm
123 DECLARATIONS OF INTEREST Nil.
124 ARRIVALS AND DEPARTURES
7.18pm Councillor Jefferies arrived at the meeting during the Mayoral Minute.
7.46pm Councillor Dr Lowe left the meeting during Item 5 and returned at 7.47pm during Questions Without Notice.
125 DISSENT FROM COUNCIL'S DECISIONS Nil.
126 ADJOURNMENT & RESUMPTION Nil.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 22 March 2016
ITEM-1 CONFIRMATION OF MINUTES
A MOTION WAS MOVED BY COUNCILLOR TAYLOR MP AND SECONDED BY COUNCILLOR DR LOWE THAT the Minutes of the Extraordinary Meeting of Council held on 15 March 2016 be confirmed.
THE MOTION WAS PUT AND CARRIED.
127 RESOLUTION
The Minutes of the Extraordinary Meeting of Council held on 15 March 2016 be confirmed.
APOLOGIES
A MOTION WAS MOVED BY COUNCILLOR HARTY OAM AND SECONDED BY COUNCILLOR DR LOWE THAT the apologies from Councillors Haselden and Hay OAM be accepted and leave of absence granted.
THE MOTION WAS PUT AND CARRIED.
128 RESOLUTION
The apologies from Councillors Haselden and Hay OAM be accepted and leave of absence granted.
7.18pm Councillor Jefferies arrived at the meeting during the Mayoral Minute.
MAYORAL MINUTE NO 2/2016 - CAPITAL WORKS DELAYS
A MOTION WAS MOVED BY COUNCILLOR DR BYRNE ADJUNCT PROFESSOR AND SECONDED BY COUNCILLOR DR LOWE THAT
1) Council write to the NSW Premier asking for an urgent review of capital works approval processes.
2) Council write to the relevant Minister for assistance in getting projects approved.
3) Council Officers identify further projects from the capital works program that can be brought forward whilst we wait for approvals on current projects to come in.
THE MOTION WAS PUT AND CARRIED.
129 RESOLUTION
1) Council write to the NSW Premier asking for an urgent review of capital works approval processes.
2) Council write to the relevant Minister for assistance in getting projects approved.
3) Council Officers identify further projects from the capital works program that can be brought forward whilst we wait for approvals on current projects to come in.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 22 March 2016
COMMUNITY FORUM
130 ARTICLE IN THE SYDNEY HILLS FOCUS AUTUMN 2016 EDITION
Ms Colleen Burke of Mackillop Drive, Baulkham Hills congratulated Deputy Mayor Councillor Yvonne Keane on receiving her award for Women in Local Government recently. She said that it is pleasing to see that Clr Keane’s efforts in Council and in our community officially were recognised.
Ms Burke also commended the Hills Shire Council on its $2.9 million acquisition of lands in the Hillview Road, North Kellyville area, part of which will be set aside for passive recreation. Ms Burke commented on the article in the current edition of the Hills Shire Times that acknowledges the need to acquire land for public use as a result of booming development, the growing population and the increasing popularity of sports such as football.
Ms Burke asked for clarification of a statement that was made in the Councillor Comments in the Sydney Hills Focus Autumn 2016 Edition. She said that in that publication, Councillor Taylor MP acknowledged the hard work involved with field allocations for winter sport and then commented that there were some unfortunate outcomes last year when young children were denied access to recreational space that others in the community declined to share.
Ms Burke asked if Councillor Taylor MP could please name the group of children denied access and inform the rate payers as to which area was not shared last year. Ms Burke said that she believes that it’s unclear within the community whether Councillor Taylor MP was in fact referring to areas that were being considered for categorisation from parkland/bushland to sports fields or whether in fact he was referring to perhaps a sports field that may have been booked for sporting activities, that was not used regularly by the club that held that booking during the winter season of 2015.
Councillor Taylor MP replied that he did not want to get into this debate anymore.
Councillor Taylor MP advised that he had received numerous emails on this matter. He said that his statement is in the Sydney Hills Focus Magazine and if it is read correctly, Ms Burke will see that there is a future intent in them as well.
Ms Burke, replied that the statement says that people were denied access and would like explanation as to how they were denied access to the 2015 winter season?
Councillor Taylor MP did not make any further comment.
ITEM-2 PLANNING PROPOSAL - 28 FAIRWAY DRIVE, KELLYVILLE (6/2016/PLP)
Proceedings in Brief
Tristan Kell – Town Planner of AE Design representing the applicant addressed Council regarding this matter.
A MOTION WAS MOVED BY COUNCILLOR HARTY OAM AND SECONDED BY COUNCILLOR TAYLOR MP THAT the Recommendation contained in the report be adopted.
THE MOTION WAS PUT AND CARRIED UNANIMOUSLY.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 22 March 2016
131 RESOLUTION
1. A planning proposal be forwarded to the Department of Planning and Environment for a Gateway Determination to amend Local Environmental Plan 2012 as follows:
a. Increase the maximum building height from 16 metres to 36 metres for the portion of 28 Fairway Drive, Kellyville west of the SP2 Drainage Corridor;
b. Apply a “base floor space ratio” of 1:1 and an “incentivised floor space ratio”
of 3:1 to the portion of 28 Fairway Drive, Kellyville west of the SP2 Drainage Corridor; and
c. Include a local provision which provides that the “incentivised floor space ratio” can only be achieved where the proposed development complies with Council’s apartment size, mix and car parking requirements and for design excellence applying to all development over 25 metres (8 storeys).
2. 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
3. Following the preparation of the draft Voluntary Planning Agreement, 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 Clr Dr M R Byrne Adjunct Professor Clr Keane
Clr Taylor MP Clr Preston Clr Dr Lowe Clr Thomas Clr Harty OAM Clr Tracey Clr Dr Gangemi
VOTING AGAINST THE MOTION None
ABSENT
Clr A N Haselden Clr Hay OAM
ITEM-3 PLANNING PROPOSAL - 2-6 AND 7 MAITLAND PLACE, BAULKHAM HILLS (5/2016/PLP)
Proceedings in Brief
Dr Shane Geha, the Applicant addressed Council regarding this matter.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 22 March 2016
A MOTION WAS MOVED BY COUNCILLOR HARTY OAM AND SECONDED BY COUNCILLOR TAYLOR MP THAT the Recommendation contained in the report be adopted.
THE MOTION WAS PUT AND CARRIED.
132 RESOLUTION
1. A planning proposal be forwarded to the Department of Planning and Environment for a Gateway Determination to amend Local Environmental Plan 2012 as follows:
a. Rezone land at 7 Maitland Place, Baulkham Hills from B7 Business Park to part R4 High Density Residential and part B7 Business Park;
b. Apply a “base floor space ratio” of 1:1 and an “incentivised floor space ratio” of 3:1 to land at 2-6 Maitland Place, Baulkham Hills and the proposed R4 High Density Residential portion of land at 7 Maitland Place, Baulkham Hills;
c. Increase the maximum floor space ratio from 1:1 to 1.5:1 for the proposed B7 Business Park portion of land at 7 Maitland Place, Baulkham Hills;
d. Increase the maximum building height from RL 116 metres to RL 169 metres for land at 2-6 Maitland Place, Baulkham Hills and the proposed R4 High Density Residential portion of land at 7 Maitland Place, Baulkham Hills;
e. Reduce the minimum lot size from 8,000m2 to 4,000m2 for land at 7 Maitland Place, Baulkham Hills;
f. Identify 2-6 and 7 Maitland Place, Baulkham Hills as “Key Site M” on the Key Site Map; and
g. Include a local provision which ensures that the “incentivised floor space ratio”
for residential development can only be achieved where the proposed development complies with Council’s apartment size, mix and car parking requirements and provides the proposed local road through the site;
2. Council proceed with discussion with the Applicant to prepare a draft Voluntary Planning Agreement which secures the delivery of the proposed local road, pedestrian linkages and public domain improvements and resolves how the Applicant will address the increased demand for local infrastructure generated by the proposed increase in residential density; and
3. Following the preparation of the draft Voluntary Planning Agreement, 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 Clr Dr M R Byrne Adjunct Professor Clr Taylor MP
Clr Preston Clr Dr Lowe Clr Thomas Clr Harty OAM
VOTING AGAINST THE MOTION Clr Keane
Clr Dr Gangemi Clr Tracey
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 22 March 2016
ABSENT
Clr A N Haselden Clr Hay OAM
ITEM-4 SALE OF LAND WITHIN BOX HILL NORTH PRECINCT SUBJECT TO VOLUNTARY PLANNING AGREEMENT (FP218)
A MOTION WAS MOVED BY COUNCILLOR HARTY OAM AND SECONDED BY COUNCILLOR PRESTON THAT the Recommendation contained in the report be adopted.
THE MOTION WAS PUT AND CARRIED UNANIMOUSLY.
133 RESOLUTION
Council provide consent under Clause 6.1 of the Box Hill North Voluntary Planning Agreement (by way of correspondence provided at Attachment 3) for E.J. Cooper and Son Pty Ltd or a related entity to execute a contract of sale for ‘Precinct I’, provided that the contract:
a) Ensures, legally, that any purchaser of the land is bound by the terms of the VPA;
b) Includes, as a minimum, clauses obligating the purchaser to adhere to the terms of the VPA, including the carrying out of Works and dedication of land to Council in accordance with the VPA;
c) Grants E.J. Cooper and Son Pty (or a related entity) a power of attorney to act on behalf of the purchaser to carry out Works and dedicate land to Council in accordance with the VPA, if the purchaser fails to satisfy the requirements of the VPA; and
d) Requires that upon the transfer of land being effected, the owner must register the VPA on title.
Being a planning matter, the Mayor called for a division to record the votes on this matter
VOTING FOR THE MOTION Clr Dr M R Byrne Adjunct Professor Clr Keane
Clr Taylor MP Clr Preston Clr Dr Lowe Clr Thomas Clr Harty OAM Clr Tracey Clr Dr Gangemi
VOTING AGAINST THE MOTION None
ABSENT
Clr A N Haselden Clr Hay OAM
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 22 March 2016
CALL OF THE AGENDA
A MOTION WAS MOVED BY COUNCILLOR HARTY OAM AND SECONDED BY COUNCILLOR TAYLOR MP THAT Items 6 and 7 be moved by exception and the recommendations contained in the reports be adopted.
THE MOTION WAS PUT AND CARRIED.
134 RESOLUTION
Items 6 and 7 be moved by exception and the recommendations contained in the reports be adopted.
ITEM-6 APPLICATIONS FOR DONATIONS UNDER SECTION 356 OF THE LOCAL GOVERNMENT ACT - MARCH 2016
135 RESOLUTION
The donations listed in summary table under Sporting/Cultural for Individual/Teams, Minor Donations and Room Hire are approved.
ITEM-7 INFORMATION AND STATUS REPORTS 136 RESOLUTION
1. The status of legal matters before all Courts as shown in the Attachments 1, 2 and 3 be noted (ECM DOCUMENT NOs 14513236, 14513246 & 14513250).
2. The Status of Outstanding Resolutions as shown in the Attachment 4 be noted (ECM DOCUMENT NO 9650435 AND 10138601 ).
3. The Schedule of Questions and Answers at Council Meetings held on 9 February 2016 and 23 February 2016 shown in the Attachment 5 be noted (ECM DOCUMENT NO 14495379 AND 14535614).
4. The Letters of Appreciation as shown in the Attachment 6 be noted (ECM DOCUMENT NO14553043).
5. The status of Development Applications awaiting determination as shown in the Attachment 7 be noted (ECM DOCUMENT NO 14596047).
ITEM-5 BUDGET REVIEW AS AT 29 FEBRUARY 2016
A MOTION WAS MOVED BY COUNCILLOR TRACEY AND SECONDED BY COUNCILLOR THOMAS THAT the Recommendation contained in the report be adopted.
THE MOTION WAS PUT AND CARRIED.
137 RESOLUTION
The proposed budget variations in Attachment 1, Pages 6 to 10 and the variations detailed in page 11-28 be adopted.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 22 March 2016
7.46pm Councillor Dr Lowe left the meeting during Item 5 and returned at 7.47pm during Questions Without Notice.
QUESTIONS WITHOUT NOTICE
138 TABLED LETTER – 18 JOYLYN ROAD, ANNANGROVE – DA 396/2016/HA/A
Councillors Harty OAM, Dr Lowe and Preston tabled a letter from Tom and Diann Ford regarding a proposed development at 18 Joylyn Road, Annangrove.
139 UDIA CONFERENCE
Councillor Harty OAM reflected on the UDIA conference recently attended in Adelaide and believed it was possibly the best UDIA he had been to, due to the diverse range of issues that had relevance to evolving cities and neighbourhoods. Councillor Harty OAM advised that the Mayoral Forum discussed that the days of perpetuating the urban sprawl was over and it was now about centralisation. The cost associated with providing infrastructure on the urban fringe was prohibitive and it was about urban consolidation, urban revitalisation, urban renewal and intensification.
Councillor Dr Lowe concurred that the UDIA conference was the best UDIA conference he had attended. Councillor Dr Lowe noted they discussed reducing car parking spaces in multilevel buildings due to the possibility that by 2025 one quarter of our cars will be autonomous.
Councillor Preston further agreed that the UDIA conference was outstanding and she was particularly interested in the discussion about the millennium generation. 43% want their home to be as unique as they are, 60% prefer a mix of housing choices and prefer to be near shops, restaurants, offices and transit and 77% would prefer an essential home compared to a grand luxury home like their parents/baby boomers. Councillor Preston advised there was a great need for all types of apartment living with high technology rather than large rooms.
140 TABLED LETTER – HILLS COMMUNITY CARE
Councillor Dr Lowe tabled a letter from Mrs B Asgill with regards to Hills Community Care.
141 TABLED LETTER – GLASS TOWER AT THE FRONT OF COUNCIL BUILDING
Councillors Dr Lowe and Preston tabled a letter and photos from Pastor Fletcher with regards to Council’s proposed demolition of the glass tower at the front of the Council building.
142 TABLED LETTER – PRESS RELEASE ON AUSTRALIA’S FIRST AUTONOMOUS VEHICLE
Councillor Dr Lowe tabled a press release on Australia’s first autonomous vehicle test to take place in Adelaide in November.
143 PROPOSED GROUP HOME – NOTTINGHAM AVENUE
Councillor Dr Lowe enquired whether there was a proposed group home by the State Government bordering Nottingham Avenue and whether they had also purchased the building directly behind. Councillor Lowe queried where that application was at the
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 22 March 2016
moment and advised the residents had not received any communication from the State Government regarding their concerns since November 2015.
Cameron McKenzie, Group Manager – Environment & Planning, advised he was aware of two (2) proposals for group homes under the SEPP Affordable Rental Housing. Under the State Policy group homes run by or on behalf of the Public Authority can be done as Complying Development if they result in no more than 10 bedrooms. These two (2) properties, although on different streets, share a common backyard. Council staff have advised that if the sites are consolidated they would not be Complying Development and would require Development Consent.
Further, Council has received a number of submissions from residents and their concerns have been passed onto the State, noting that NSW Aging, Disability and Home Care are the Consent Authority. Council staff have also raised issues they consider are appropriate to look at to preserve residential character and amenity. Council is not aware of the current status of the applications with the State or what particular type of group homes are proposed, but we will investigate.
144 HILL’S MEN’S SHED
Councillor Dr Lowe wanted to inform Council the Hills Men’s Shed are fundraising on Easter Monday, 28 March 2016 starting at 8:00am.
145 RIPPLE STRIPS ON NELSON ROAD, BOX HILL (MINUTE NO. 50)
Councillor Preston requested an update on the timeframe anticipated with regard to replacing the ripple strips on Nelson Road, Box Hill.
146 24 HOUR MCDONALDS – DA 861/2016/HB – 133-149 SAMANTHA RILEY DRIVE, KELLYVILLE
Councillor Preston has been contacted by Vivian Taylor of Kellyville regarding the proposed 24 hour McDonalds on Samantha Riley Drive, Kellyville. Councillor Preston understands a mediation conference was undertaken last week and requested an indication of the intention of the Applicant.
Cameron McKenzie, Group Manager – Environment & Planning, confirmed he attended the Conciliation Conference along with Councillor Tracey and approximately 20 residents and 3 representatives of the Applicant. There is a lot of angst among residents whose main concerns centre around 24 hour trading, residential amenity, noise, social impacts and 24 hour illuminated signage.
The Applicant’s representatives were open to considering the impact of these issues and indicated they would review the suitability of 24 hour trading and review their signage needs and sightlines and other issues raised by residents. The minutes are currently being distributed and Mr McKenzie would be happy to provide a copy to all Councillors.
Council staff are to meet with the Applicant soon to see if they are willing to amend their application to address the amenity issues arising as evidenced in the meeting.
Councillor Taylor MP wanted it put on record that he had forwarded to Councillor Preston a photo of the McDonald’s site taken from the bedroom of Ms Taylor’s children overlooking that site. There is concern and angst among the community concerning the development.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 22 March 2016
147 MAYOR’S ATTENDANCE AT COMMUNITY FUNCTIONS
Councillor Taylor MP noted in the local newspaper the Mayor appears on pages 17, 25 and 26 and has attended functions that involve foster care, charities involving children, attendance at an elderly Mandarin speaking cultural function and attendance at a sports cricket group. Councillor Taylor MP wanted it noted on the record that he believed the Mayor was an inspiration to women in the local community and a credit to all Councillors.
148 LOCAL GOVERNMENT AWARD
Councillor Taylor MP commended Councillor Keane who has recently received a Local Government Award.
149 PAUL HARRIS FELLOWSHIP
Councillor Keane congratulated Councillor Harty OAM who has recently received the Paul Harris Fellowship for his work in the community.
150 ENGAGEMENT
Councillor Keane congratulated Councillor Dr Gangemi who has become recently engaged.
Councillor Dr Gangemi thanked Councillors and the community for their kind words.
151 TABLED LETTER - GIRL GUIDES AUSTRALIA
Councillor Jefferies tabled a Certificate of Appreciation from North Rocks District Girl Guides and a copy of the Agenda from their AGM on 21 March 2016.
152 GIPA APPLICATIONS – MINUTE NO. 65
Councillor Jefferies referred to Questions without Notice from 23 February 2016 and asked if a full list of the date and times of every request that has been made by Mr Foster, Mrs Burke, Mrs Giuliano and other members of this group could be tabled.
The Minutes of the above Meeting were confirmed at the Meeting of the Council held on 12 April 2016.
MAYOR GENERAL MANAGER
