ORDINARY MEETING OF COUNCIL

This is page 1 of the minutes of the extraordinary meeting of Hills Shire Council held on 5 April 2022. This is page 5 of the minutes of the extraordinary meeting of Hills Shire Council held on 5 April 2022.

A MOTION WAS MOVED BY COUNCILLOR HODGES AND SECONDED BY COUNCILLOR COX THAT the Minutes of the Ordinary Meeting of Council held on 12 April 2022 be confirmed

THE MOTION WAS PUT AND CARRIED

A MOTION WAS MOVED BY COUNCILLOR DE MASI AND SECONDED BY COUNCILLOR JETHI THAT the apologies from Councillors Hay OAM, Dr Kasby and Tracey be accepted and

ORDINARY MEETING OF COUNCIL 10 MAY, 2022

PROPERTY DEALINGS RELATING TO DEVELOPMENT MATTERS

Council consent to the release of a temporary drainage easement from the title of Lot 169 DP 1225042, 1-39 Pridham Avenue, Box Hill and the associated documents be authorised
Council consent to the release of four restrictions from the title of Lot 106 DP 1257660, Mount Carmel Drive, Box Hill and the associated documents be authorised for execution
Council consent to the release of a temporary right of access and easements for services and drainage from the title of Lot 4 DP 1238558, Boundary Road, Box Hill and the
Council consent to the release of a temporary right of access from the title of Lots 1, 3, 4 and 5 DP 271048, 1 Stone Mason Drive and 15-17 Deluxe Circuit, Norwest and the
Council consent to the release of a temporary drainage easement from the title of Lot 42 DP 271142, Strangers Creek Place, Bella Vista and the associated documents be
Council consent to the release of a restriction from the title of Lot 159 DP 1265616, Saltwater Crescent, North Kellyville and the associated document be authorised for

RAILWAY STREET, BAULKHAM HILLS – PROPOSED PEDESTRIAN REFUGE ISLAND
BUDGET REVIEW AS AT 31 MARCH 2022OC INFO 175 RESOLUTION

The proposed budget variations in Attachment 1, Pages 1 to 5 and the variations detailed in page 8-25 be adopted
Council authorise the variation of $58,440 to increase the maximum contract value of Q21- 0149 Detailed Design for Fontana Drive, Box Hill to $380,11
Council authorise the rent waiver to Swot Shop Pty Ltd in the amount of $31,094.70 and this be applied as a rent credit

PUBLIC INTEREST DISCLOSURE POLICY REVIEWDOC INFO

Council adopt the Public Interest Disclosures Policy as outlined in Attachment 1 and exhibit the draft policy for 28 days for comment
Any submissions be referred back to Council and if no submissions are received the Policy be adopted
The policy be strongly endorsed by the Mayor, Councillors and the General Manager

EXPRESSION OF INTEREST - COMPOSITION OF THE AUDIT RISK AND IMPROVEMENT COMMITTEE

Council offer and appoint Mr David Pendleton as the Chair of the Audit Risk and Improvement Committee
Council offer and appoint Mr Andrew Hanigan and Mr Michael Ellacott positions of the independent external members of the Audit Risk and Improvement Committee
The Mayor and the General Manager be authorised to negotiate the stipend with each applicant, within the range agreed in the 8/2/2022 Council report, reflecting their skills and
Should any of the abovementioned applicants be unable to undertake the identified position on the Audit Risk and Improvement Committee, or be unable to fulfil the position

LEASE TO CBK SELECT PTY LTD – SHOP 5, 269 OLD NORTHERN ROAD CASTLE HILL
VOLUNTEER ADVISORY (S355) COMMITTEES 2022- 2024

The Balcombe Heights Estate, Bushland Conversation, Castle Hill Showground and Heritage Park S355 Committees are approved for the term of Council
The applications, as indicated in this report for the individual committees, are also appointed for the term of Council
The Advisory Committee Procedures Manual be adopted and provided to all incoming advisory committee members (Attachment 1)
The Advisory Committee Terms of Reference 2022-2024 for Balcombe Heights Estate, Bushland Conversation, Castle Hill Showground and Heritage Park are adopted

INFORMATION AND STATUS REPORTSDO 181 RESOLUTION

The status of legal matters before all Courts as shown in Attachment 1 be noted (ECM Document No 20020943)
The Letters of Appreciation as shown in the Attachment 3 be noted (ECM Document No
The status of Development Applications awaiting determination as shown in Attachment 4 be noted (ECM Document No. 20047759)
Development Applications Involving Variations to Development Standards from 01/01/2022 to 31/03/2022 as shown in Attachment 5 be noted (ECM Document No

This is page 6 of the minutes of the regular meeting of Hills Shire Council held on 26 April 2022. This is page 7 of the minutes of the regular meeting of Hills Shire Council held on 26 April 2022.

A MOTION WAS MOVED BY COUNCILLOR HODGES AND SECONDED BY COUNCILLOR BRAZIER THAT the Recommendation contained in the report be adopted

HILLS SHIRE PLAN 2021/22 – REVIEW 3

MINUTES of a duly convened regular meeting of the Hills Shire Council held in the Council Chambers on 26th April 2022. Please note the status of development applications pending decision as shown at Attachment 4 (ECM Document No. 20047759).

A MOTION WAS MOVED BY COUNCILLOR BLUE AND SECONDED BY COUNCILLOR HODGES THAT the Recommendation contained in the report be adopted

APPLICATION FOR CHANGE IN LOCAL GOVERNMENT COST INDEX VARIATION 2022-23

It should be noted that development applications have shown variations on development standards from to as shown in Attachment 5 (ECM Document No. A MOTION WAS MOVED BY COUNCILOR HODGES AND SECONDED BY COUNCILOR BRAZIER THAT the Recommendation contained in the report be accepted.

A MOTION WAS MOVED BY COUNCILLOR HODGES AND SECONDED BY COUNCILLOR COX THAT the Recommendation contained in the report be adopted

DRAFT HILLS SHIRE PLAN 2022/2023

A MOTION WAS MOVED BY COUNCIL HODGES AND SECOND BY COUNCIL BONEHAM THAT the Recommendation contained in the report be accepted.

A MOTION WAS MOVED BY COUNCILLOR HODGES AND SECONDED BY COUNCILLOR BONEHAM THAT the Recommendation contained in the report be adopted

The Draft Hills Shire Plan containing the Community Strategic Direction – Hills Future, Delivery Program, Operational Plan, and Resourcing Strategy containing the Draft
Policy 06 – Financial Charter be endorsed and placed on public exhibition from Wednesday 27 April 2022 to Wednesday 25 May 202 (Attachment 2)
TENDER T22-0103 SPRINGBROOK BOULEVARD RESERVE NORTH KELLYVLLE – CONSTRUCTION OF STORMWATER

Council accept the tender offer of the Preferred Tenderer for Tender T22-0103 for the price and contingency set out in Confidential Attachment 1 to this report
There are sufficient funds allocated for this project within the current year's capital works budget for this infrastructure item (project no. 310170 and 710030) as detailed in the
The contract be authorised for execution under seal

POST EXHIBITION - ADMINISTRATIVE AMENDMENTS TO CONTRIBUTIONS PLAN NO.11 - ANNANGROVE ROAD

This is page 1 of the minutes of the special meeting of Hills Shire Council held on 28 April 2022. This is page 2 of the minutes of the special meeting of Hills Shire Council held on 28 April 2022.

THEME: DELIVERING & MAINTAINING INFRASTRUCTURE MEETING DATE: 10 MAY 2022

COUNCIL MEETING

GROUP: SHIRE STRATEGY, TRANSFORMATION AND SOLUTIONS AUTHOR: SENIOR TOWN PLANNER

ISHARA WARAKAGODA RESPONSIBLE

OFFICER

MANAGER – FORWARD PLANNING NICHOLAS CARLTON

PURPOSE

RECOMMENDATION

IMPACTS Financial

Strategic Plan - Hills Future

LINK TO HILLS SHIRE PLAN Strategy

Provide new and refurbished infrastructure in a timely manner that meets the needs of our growing Shire

Outcomes

SUMMARY OF DRAFT AMENDMENTS

March 2022, Council resolved to publicly exhibit draft amendments to CP11 to include the following wording within Clause 2.16A of the Plan

EXHIBITION DETAILS
SUMMARY OF SUBMISSIONS
POST EXHIBITION AMENDMENT

The proposed change after the exhibition is fully consistent with the goals and purpose of the presented changes, is of a minor nature and simply reflects the applicable legislative requirements. Accordingly, the proposed post-exhibition amendment does not warrant resubmission of the draft plan.

ATTACHMENTS

Although this time requirement merely reflects the relevant provisions of the Environmental Planning and Assessment (Environmental Planning and Assessment) Regulations 2021 and the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulations 2021, it is useful to include this information in the contribution plan itself to provide absolute clarity for private certifications seeking to apply and enforce the Council's plan. This additional clarification will be included in paragraphs 2.13 and 2.16 of the plan, as shown in Appendix 1 to this report.

Contributions Plan No.11

ANNANGROVE ROAD EMPLOYMENT AREA

DRAFT

Schedule 2 – Summary of Works by Facility Category

A summary of the work program by facility category is included in the schedule below. The schedule contains details of floor area and net buildable area assumptions and indexation assumptions over the life of the plan.

Basic Principles of Section 7.11 94

A Contribution Plan becomes part of the development control process under the EP&A Act under sections 4.17 80A and 7.11 94. The provisions of this plan are one of a number of considerations which are important when the Council determines a development application in accordance with section 4.16 80 of the law.

What is the name of this development contributions plan?

Where a development application or an application for a conforming development certificate is lodged providing for new or additional space on land to which this plan applies, the Council or the Private Certifier shall levy development contributions in accordance with the provisions of this Plan.

Area to which the contribution plan applies

What is the purpose of this development contributions plan?

This Development Contribution Plan has been prepared in accordance with the provisions of s7.11 94 of the EP&A Act and Part 4 of the EP&A Regulation and takes effect from the date on which public notice is published in accordance with section of the EP&A Regulation. As required by section 26(1) of the Regulation, this plan has been prepared taking into account the issues of development contribution practice of the Department of Planning and Infrastructure.

Figure 1 – Land to which this Contribution Plan applies

Relationship with other plans and policies

11 – Annangrove Road Employment Area as part of amendments to the plan which came into effect on 13 March 2018.

Document Specification

11 – Annangrove Road Light Industrial Area (renamed Contributions Plan No. 11 – Annangrove Road Employment Area) was amended by Council on February 27, 2018, item 10, Resolution 669 and became effective March 13, 2018. 11 – Annangrove Road Employment Area was amended by the Council on [insert date], [insert point number], [insert resolution number] and entered into force on [insert date].

Monitoring of this contributions plan

Timing of provision

The facilities identified in the Contribution Plan work schedule are intended to be delivered within this period. Monitoring of the plan will allow the development forecasts and work schedule to be reviewed and adjusted as necessary.

Financial information

The preparation, ongoing review and implementation of this contribution plan requires significant council resources. The costs associated with the preparation and administration of this plan will therefore be charged under this contribution plan.

When is the contribution payable?

This includes allocating staff time for upfront planning and service provision along with professional fees to prepare and review the contribution plan. Once the plan is in place, further staff time will be required to manage the contribution system, which includes calculating and recording contribution payments and monitoring developments, work plan expenditure and indexation assumptions.

Deferred/periodic payments

Exemptions

To require payment of cash contributions based on the full premium percentage established under the Plan would be unfair and unreasonable; and c) the reduced contribution rate requested by the applicant would be . be commensurate with the level of demand for local infrastructure provided under this plan in connection with the proposed development. The granting of a contribution rate reduction is at the sole discretion of the Council and will only be considered if the applicant can demonstrate that the proposed use generates less than 2 daily vehicle journeys per 100 m2 of gross floor area.

In accordance with Section 7.21 of the EP&A Act, accredited certifiers must set a condition requiring monetary contributions in accordance with this Contribution Plan. It is the professional responsibility of the accredited certifiers to accurately calculate the contribution and to correctly apply the Section 7.11 condition.

Method of payment of contribution

The conditions imposed must be consistent with the standard consent conditions in Section 7.11 of the Council and strictly in accordance with this Contribution Plan. There may be cases where the applicant carries out in-kind works that are included in the schedule of works in this contribution plan, but the costs thereof exceed the contribution required for this category of facilities.

Planning agreements

Rather, the developer will be required to pay the full contribution in respect of land acquisition. An appropriate condition may be included in any consent applicable to land identified for public purposes to ensure that the land is transferred to the Council.

Calculation of contribution rate Net Present Value Method

A cash flow projection will be prepared using the above elements over the life of the Contribution Plan. The Contribution Rate per square meter is determined on the basis that the NPV (Net Cash Flow) is neutral against the Discount Rate over the total life of the plan.

How are contributions adjusted at the time of payment?

The rate of development contribution is determined by the rate of contribution per square meter (see Appendix 1.3).

Credit for existing development?

Pooling of contributions

Savings and transitional arrangements

Background of Annangrove Road Employment Area

Development and facility needs

Existing development

Development potential

Demand for public facilities and services

Roadworks

This contribution plan will levy 50% of the total cost of the upgrade of the junction while the remaining 50% will be levied under Contribution Plan No. This contribution plan will levy contributions towards the full construction of the section of Withers Road from Mile End Road to Annangrove Road .

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This report considers the outcomes of the public exhibition of draft administrative amendments to Contribution Plan No.15 – Box Hill Precincts (‘CP15’). This will ensure that sufficient contribution income will be collected under the Plan to enable the delivery of the identified local infrastructure.

March 2022, Council resolved to publicly exhibit draft amendments to CP15 to include the following wording within Clause 2.14 of the Plan

The administrative changes recommended in this report would not affect the status of the plan as a . IPART Reviewed Contributions Plan”, nor would they give rise to the requirement for further review of the plan by IPART.

Contributions Plan No. 15

Amendments to reflect the outcomes of the Amended Sydney Water Service Program, Growth Centers Housing Diversity Package, Planning Proposal to Rezone Box Hill Employment Areas (6/2013/PLP) and IPART Review of Contribution Plan. Amendments to update land values to reflect current market prices, update Mt Carmel Road and Terry Road works and implement IPART changes required by the Minister for Planning.

FIGURE 1: LAND TO WHICH THIS CONTRIBUTIONS PLAN APPLIES .............................................

1 PART A: SUMMARY SCHEDULES

Work Schedule: Cost per Category (base cost)

TOTAL WORKS AND LAND: $664,210,715

Development Timetable

Contributions by Category – Per Person (Residential Development)

Contributions by Dwelling Type (Residential Development)

Contributions by Category – Per m 2 Floor Area (Non-Residential)

2 PART B: ADMINISTRATION AND OPERATION OF THE PLAN INTRODUCTION

Section 7.11 Principles
What is the Name of this Plan
Area to which this plan applies
What is the purpose of this Development Contributions Plan?
Application of the Plan
Commencement of this Plan
Policies and Procedures on the Levying and Payment of Contributions The following sections describe the policies and procedures involved in levying and
Method of Payment
Planning Agreements
When must Contributions be paid?
Deferred or Periodic Payment
Construction Certificates and the obligations of accredited certifiers In accordance with Section 7.13 of the EP&A Act and clause 20 146 of the EP&A Regulation
Complying development and the obligations of accredited certifiers In accordance with Section 7.21 of the EP&A Act accredited certifiers must impose a
Credit and Offsets for Works In Kind
Credit for existing development
Savings and transitional arrangements
Pooling of contributions
Exemptions
Calculation of Contributions Net Present Value Method
Review and Monitoring Of Plan
Contributions Register
When did this plan come into force?

A contribution plan becomes part of the development control process in terms of the EP&A Act by virtue of Sections 4.17 and 7.11. This plan will be subject to regular review by the Board in accordance with the provisions of the EP&A regulation.

Dwelling Occupancy

Commercial Centres - Development Nexus

Demand for retail floorspace
Non-Residential Development Potential
Timing of non-residential development

Demand for retail space is derived by applying industry benchmark turnover rates to expenditure captured in Box Hill. The assessment is based on a development period of 25 years, assuming that Box Hill is fully developed by this time.

TABLE 2: FORECAST RETAIL FLOORSPACE DEMAND IN BOX HILL TO 2031

Rationale for New Facilities and Services

Summary of the demand analysis of existing facilities
Proposed Open Space and Recreation Facilities
Apportionment
Schedule of Works and Costs Estimates
Contributions Formula

Within the Box Hill Precinct, a total of ten local parks will be established based on the criteria of local open space within 500 meters of residents (excluding residents within 500 meters of a playing field or linear open space). The total area of local parks identified to meet the demand for local open space generated by the future residents of the Box Hill Precinct is 12.16 ha.

Transport Facilities

Transport Facilities Demand
Road Network Analysis
Proposed Transport Facilities Main Roads
Apportionment
Schedule of Works and Cost Estimates

The future public transport network in the Box Hill Precinct will operate on the planned sub-arterial corridor of the Water Lane, Mason Road and Terry Road. This route will support future development within the Annangrove Road Light Industrial Area and the Box Hill Precinct.

Water Cycle Management .1 Water Cycle Facilities Demand

Proposed Drainage Facilities
Apportionment

The costs of the works within the Killarney Chain of Ponds Catchment and Second Ponds Creek Catchment are identified separately. As a result, 88% of the costs of water management facilities within the Killarney Ponds catchment are allocated to residential development within the catchment, with the remaining 12% to non-residential development.

TABLE 6: PERFORMANCE TARGETS AS SPECIFIED BY THE OFFICE OF ENVIRONMENT AND HERITAGE

Plan Administration

Administration and Plan Preparation
Apportionment

Works Schedule

4 PART D: SUPPORTING MATERIAL

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