MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 24 April 2018
ITEM SUBJECT PAGE
ITEM-1 CONFIRMATION OF MINUTES 3
ITEM-2 PLANNING PROPOSAL FOR SHOWGROUND PRECINCT SITES (3/2017/PLP)
3
ITEM-3 PLANNING PROPOSAL - 8 SOLENT CIRCUIT, BAULKHAM HILLS (11/2018/PLP)
4
ITEM-4 POST EXHIBITION - PLANNING PROPOSAL - 582 AND 582A OLD NORTHERN ROAD, DURAL (7/2015/PLP)
5
ITEM-5 REVIEW OF CONTRIBUTIONS PLAN NO. 12 - BALMORAL ROAD RELEASE AREA (FP131)
7
ITEM-6 PROPERTY DEALINGS RELATING TO
DEVELOPMENT MATTERS
8
ITEM-7 SALE OF BIODIVERSITY CREDITS - SOPHIA DOYLE RESERVE AND WILLIAM JOYCE RESERVE, BAULKHAM HILLS BIOBANK SITES
9
ITEM-8 TEMPORARY LEASE TO ROADS & MARITIME SERVICES OVER PART LARCHMONT PLACE RESERVE, 4Z LARCHMONT PLACE, WEST PENNANT HILLS FOR AIR QUALITY MONITORING STATION
9
ITEM-9 TEMPORARY LEASE TO ROADS & MARITIME SERVICES OVER PART ASHLEY AVENUE NORTH RESERVE, 29Z ASHLEY AVENUE, WEST PENNANT HILLS FOR AIR QUALITY MONITORING STATION
9
ITEM-10 TENDER T18/16 - APPOINTMENT OF LEASING AGENT AND MANAGING AGENT COMMERCIAL AND RETAIL PORTFOLIO
9
ITEM-11 TENDER T18/29 CONSTRUCTION OF LEWIS JONES RESERVE, KELLYVILLE
10
ITEM-12 APPLICATIONS FOR DONATIONS - APRIL 2018 10
ITEM-13 INFORMATION AND STATUS REPORTS 10
QUESTIONS WITHOUT NOTICE 10
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 24 April 2018
177 PRESENT
Mayor Dr M R Byrne (In the Chair) Clr R A Preston (Deputy Mayor) Clr Dr P J Gangemi
Clr R Jethi Clr M G Thomas Clr F P De Masi Clr A J Hay OAM Clr A N Haselden Clr S P Uno
178 APOLOGIES Clr B L Collins OAM Clr R K Harty OAM Clr E M Russo Clr R M Tracey
179 TIME OF COMMENCEMENT 7.03pm
180 TIME OF COMPLETION 9.26pm
181 DECLARATIONS OF INTEREST Item 2 Clr Jethi
182 ARRIVALS AND DEPARTURES Nil.
183 DISSENT FROM COUNCIL'S DECISIONS Nil.
184 ADJOURNMENT & RESUMPTION Nil.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 24 April 2018
ITEM-1 CONFIRMATION OF MINUTES
A MOTION WAS MOVED BY COUNCILLOR UNO AND SECONDED BY COUNCILLOR PRESTON THAT the Minutes of the Ordinary Meeting of Council held on 10 April 2018 be confirmed.
THE MOTION WAS PUT AND CARRIED.
185 RESOLUTION
The Minutes of the Ordinary Meeting of Council held on 10 April 2018 be confirmed.
APOLOGIES
A MOTION WAS MOVED BY COUNCILLOR HAY OAM AND SECONDED BY COUNCILLOR HASELDEN THAT the apologies from Councillors Harty OAM, Collins OAM, Tracey and Russo be accepted and leave of absence granted.
THE MOTION WAS PUT AND CARRIED.
186 RESOLUTION
The apologies from Councillors Harty OAM, Collins OAM, Tracey and Russo be accepted and leave of absence granted.
COMMUNITY FORUM
There were no addresses to Council during Community Forum.
Councillor Jethi having previously declared a non-pecuniary and less than significant conflict of interest for Item 2 remained in the room.
ITEM-2 PLANNING PROPOSAL FOR SHOWGROUND
PRECINCT SITES (3/2017/PLP) Proceedings in Brief
Joe Chiha (Applicant), Managing Director of Showground addressed Council regarding this matter.
A MOTION WAS MOVED BY COUNCILLOR UNO AND SECONDED BY COUNCILLOR HASELDEN THAT Council resolves not to proceed with the Planning Proposal on the grounds that the Precinct has only recently been rezoned by the State Government, the lack of change in the circumstances to warrant any amendments at this time and that the densities and floor space ratios being pursued would result in a built form that is significantly different to those controls without strategic justification.
THE MOTION WAS PUT AND CARRIED.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 24 April 2018
187 RESOLUTION
Council resolves not to proceed with the Planning Proposal on the grounds that the Precinct has only recently been rezoned by the State Government, the lack of change in the circumstances to warrant any amendments at this time and that the densities and floor space ratios being pursued would result in a built form that is significantly different to those controls without strategic justification.
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 Bryne
Clr Dr P J Gangemi Clr R Jethi
Clr M G Thomas Clr F P De Masi Clr A J Hay OAM Clr A N Haselden Clr S P Uno
VOTING AGAINST THE MOTION Clr R A Preston
ABSENT
Clr B L Collins OAM Clr R K Harty OAM Clr E M Russo Clr R M Tracey
ITEM-3 PLANNING PROPOSAL - 8 SOLENT CIRCUIT, BAULKHAM HILLS (11/2018/PLP)
Proceedings in Brief
Peter Lee (Applicant), Calibre Consulting on behalf of Eden Brae addressed Council regarding this matter.
A MOTION WAS MOVED BY COUNCILLOR HAY OAM AND SECONDED BY COUNCILLOR THOMAS THAT
1. Council forward the planning proposal to increase the maximum floor space ratio to 2.2:1 and increase the permissible maximum building height to RL126 metres at 8 Solent Circuit, Baulkham Hills (Lot 4026 DP 873565) to the Department of Planning and Environment for a Gateway Determination;
2. Council proceed with discussions with the proponent to prepare a draft Voluntary Planning Agreement which secures a fair and reasonable contribution from future development on the site towards infrastructure improvements within the Norwest Business Park; and
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 24 April 2018
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.
THE MOTION WAS PUT AND CARRIED UNANIMOUSLY.
188 RESOLUTION
1. Council forward the planning proposal to increase the maximum floor space ratio to 2.2:1 and increase the permissible maximum building height to RL126 metres at 8 Solent Circuit, Baulkham Hills (Lot 4026 DP 873565) to the Department of Planning and Environment for a Gateway Determination;
2. Council proceed with discussions with the proponent to prepare a draft Voluntary Planning Agreement which secures a fair and reasonable contribution from future development on the site towards infrastructure improvements within the Norwest Business Park; 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 Mayor Dr M R Bryne
Clr R A Preston Clr Dr P J Gangemi Clr R Jethi
Clr M G Thomas Clr F P De Masi Clr A J Hay OAM Clr A N Haselden Clr S P Uno
VOTING AGAINST THE MOTION None
ABSENT
Clr B L Collins OAM Clr R K Harty OAM Clr E M Russo Clr R M Tracey
ITEM-4 POST EXHIBITION - PLANNING PROPOSAL - 582 AND 582A OLD NORTHERN ROAD, DURAL (7/2015/PLP)
Proceedings in Brief
Pat Clay representing the residents in the local area addressed Council regarding this matter.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 24 April 2018
A MOTION WAS MOVED BY COUNCILLOR HASELDEN AND SECONDED BY COUNCILLOR UNO THAT Council write to the Greater Sydney Commission requesting that the planning proposal, to rezone the subject site from RU6 Transition to R3 Medium Density Residential and to reduce the minimum lot size from two (2) hectares to 700m2, not proceed on the following grounds:
1. The planning proposal seeks a spot rezoning in an area currently under investigation by Council which would determine appropriate outcomes for the local and the local infrastructure needed;
2. The regional and local road network is currently operating at capacity and the funding for the required upgrades have not been secured;
3. Medium density residential development would not provide an appropriate transition between Dural’s low density residential edge and adjoining rural land;
4. The proposed development is not required to meet dwelling targets which can already be met under existing R3 Medium Density zoned land in more suitable locations; and
5. The proposal is inconsistent with the rural objectives of the Greater Sydney Region Plan and Central City District Plan.
6. The proposal does not make reasonable contribution to the upgrade of parks, local roads, New Line Road and other facilities that the additional population will require.
THE MOTION WAS PUT AND LOST.
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 Bryne
Clr A N Haselden Clr S P Uno
VOTING AGAINST THE MOTION Clr R A Preston
Clr Dr P J Gangemi Clr R Jethi
Clr M G Thomas Clr F P De Masi Clr A J Hay OAM ABSENT
Clr B L Collins OAM Clr R K Harty OAM Clr E M Russo Clr R M Tracey
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.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 24 April 2018
189 RESOLUTION
1. The draft Voluntary Planning Agreement be subject to a legal review.
2. Following the completion of the legal review, the draft Voluntary Planning Agreement and draft amendments to The Hills Development Control Plan 2012 Part B Section 2 – Residential (Attachment 1 – ECM No.16466540) be publicly exhibited for a period of 28 days.
3. The planning proposal, to rezone the subject site from RU6 Transition to R3 Medium Density Residential and to reduce the minimum lot size from two (2) hectares to 700m2, be progressed to the Department of Planning and Environment for finalisation, requesting that the plan not be made until the VPA has been executed.
4. The Department of Planning and Environment be advised that this rezoning is not required to meet Council’s housing targets and that Office of Environment and Heritage has not resolved ecological issues.
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 Dr P J Gangemi Clr R Jethi
Clr M G Thomas Clr F P De Masi Clr A J Hay OAM
VOTING AGAINST THE MOTION Mayor Dr M R Bryne
Clr A N Haselden Clr S P Uno ABSENT
Clr B L Collins OAM Clr R K Harty OAM Clr E M Russo Clr R M Tracey
ITEM-5 REVIEW OF CONTRIBUTIONS PLAN NO. 12 - BALMORAL ROAD RELEASE AREA (FP131)
A MOTION WAS MOVED BY COUNCILLOR HASELDEN AND SECONDED BY COUNCILLOR PRESTON THAT the Recommendation contained in the report be adopted.
THE MOTION WAS PUT AND CARRIED UNANIMOUSLY.
190 RESOLUTION
1. Draft amendments to Contributions Plan No.12 – Balmoral Road Release Area, provided as Attachment 1 (ECM Doc.16826266), be publicly exhibited for a minimum of 28 days in accordance with the requirements of the Environmental Planning and Assessment Regulation 2000.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 24 April 2018
2. Following public exhibition, draft Contributions Plan No.12 – Balmoral Road Release Area, further amended where appropriate in response to submissions received during the public exhibition period, be forwarded to the Independent Pricing and Regulatory Tribunal for review.
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 Bryne
Clr R A Preston Clr Dr P J Gangemi Clr R Jethi
Clr M G Thomas Clr F P De Masi Clr A J Hay OAM Clr A N Haselden Clr S P Uno
VOTING AGAINST THE MOTION None
ABSENT
Clr B L Collins OAM Clr R K Harty OAM Clr E M Russo Clr R M Tracey
CALL OF THE AGENDA
A MOTION WAS MOVED BY COUNCILLOR DE MASI AND SECONDED BY COUNCILLOR UNO THAT Items 6, 7, 8, 9, 10, 11 and 12 be moved by exception and the recommendations contained in the reports be adopted.
THE MOTION WAS PUT AND CARRIED
191 RESOLUTION
Items 6, 7, 8, 9, 10, 11 and 12 be moved by exception and the recommendations contained in the reports be adopted.
ITEM-6 PROPERTY DEALINGS RELATING TO DEVELOPMENT MATTERS
192 RESOLUTION
Council consent to the release of two 3 metre wide easements to drain water from the title of Lots 5 and 9 DP 250947 (Heath Road, Kellyville) and the associated 88B instrument be authorised for execution under Council seal.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 24 April 2018
ITEM-7 SALE OF BIODIVERSITY CREDITS - SOPHIA DOYLE RESERVE AND WILLIAM JOYCE RESERVE, BAULKHAM HILLS BIOBANK SITES
193 RESOLUTION
Council agree to the sale and retirement to Transport for NSW of 8 (ME018) Forest Red Gum – Rough-barked Apple grassy woodland on alluvial flats of the Cumberland Plan, Sydney Basin Bioregion credits at $17,000 per credit from Sophia Doyle Reserve and William Joyce Reserve, Baulkham Hills Biobanking site with a Deed and Application to Transfer Biodiversity Credits authorised for execution under seal.
ITEM-8 TEMPORARY LEASE TO ROADS & MARITIME SERVICES OVER PART LARCHMONT PLACE RESERVE, 4Z LARCHMONT PLACE, WEST PENNANT HILLS FOR AIR QUALITY MONITORING STATION
194 RESOLUTION
Pursuant to Section 47 of the Local Government Act 1993, Council enter into a Lease Agreement with Roads & Maritime Services over part Lot 92 DP 237070, 4Z Larchmont Place, West Pennant Hills on the terms and conditions detailed in this report with a Lease authorised for execution under seal.
ITEM-9 TEMPORARY LEASE TO ROADS & MARITIME SERVICES OVER PART ASHLEY AVENUE NORTH RESERVE, 29Z ASHLEY AVENUE, WEST PENNANT HILLS FOR AIR QUALITY MONITORING STATION 195 RESOLUTION
Pursuant to Section 47 of the Local Government Act 1993, Council enter into a Lease Agreement with Roads & Maritime Services over part Lot 143 DP 236210, 29Z Ashley Avenue, West Pennant Hills on the terms and conditions detailed in this report with a Lease authorised for execution under seal.
ITEM-10 TENDER T18/16 - APPOINTMENT OF LEASING AGENT AND MANAGING AGENT COMMERCIAL AND RETAIL PORTFOLIO
196 RESOLUTION
1. For Tender T18/16, Council approve the appointment of Integrated Strata Management Pty Ltd (ABN 90 087 635 701) trading as PRD Nationwide Commercial Norwest as the exclusive Leasing Agent for a 12 month term to lease 269 Old Northern Road, Castle Hill and other vacant premises as required.
2. The General Manager be authorised to execute an Agency Agreement with Integrated Strata Management Pty Ltd (ABN 90 087 635 701) trading as PRD Nationwide Commercial Norwest for the management of Council’s commercial and retail lease portfolio for a 3 year term and subject to satisfactory performance, a further 1 year term.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 24 April 2018
ITEM-11 TENDER T18/29 CONSTRUCTION OF LEWIS JONES RESERVE, KELLYVILLE
197 RESOLUTION
1. Council approve a budget variation of $100,000.00 (excluding GST) funded from Section 94 CP12.
2. Council accept the tender from Asset Landscapes Design and Construction Pty Ltd for the Construction of Lewis Jones Drive Reserve in Kellyville and approves expenditure up to $392,089.50 (excluding GST) for the Tender amount including contingency.
ITEM-12 APPLICATIONS FOR DONATIONS - APRIL 2018 198 RESOLUTION
The request for donations as detailed in the report table be approved.
ITEM-13 INFORMATION AND STATUS REPORTS
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.
199 RESOLUTION
1. The status of legal matters before all Courts as shown in the Attachments 1, 2 and 3 be noted (ECM Document Nos: 16778587, 16778612 and 16778617).
2. The Status of Outstanding Resolutions as shown in the Attachment 4 be noted (ECM Document Nos: 9650425, 9650435 and 10138601).
3. The Schedule of Questions and Answers at Council Meetings held in 13 March 2018 and 27 March 2018 shown in the Attachment 5 be noted (ECM Document Nos:
16737006 and 16773101).
4. The status of Development Applications awaiting determination as shown in the Attachment 6 be noted (ECM Document Nos: 16829129).
5. The status of Development Applications Involving a Variation to Development Standards as shown in Attachment 7 be noted (ECM Document Nos: 16828144).
QUESTIONS WITHOUT NOTICE 200 AUDITOR GENERAL REPORT
Councillor Hay OAM noted the Local Government report came out and has positioned different Councils in different categories of how they have been reported by the Auditor General. Councillor Hay OAM raised the position of Council about the valuation of land under roads a issues with the current Auditor General’s approach. Councillor Hay OAM enquired why when it comes to development applications and the expansion of roads, Council has to purchase this in a VPA at the real life valuation yet when it comes to
