ORDINARY MEETING OF COUNCIL

ITEM-16 LTC RECOMMENDATION JANUARY 2021 - STANLEY AVENUE AND KAMAROOKA AVENUE, WEST PENNANT HILLS – LINE REVIEW PROVISION. ARTICLE-16 LTC RECOMMENDATIONS JANUARY 2021 - STANLEY AVENUE AND KAMAROOKA AVENUE, WEST PENNANT HILLS LINE REVIEW PROVISION.

MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 23 February 2021

MINUTES of the duly called ordinary meeting of The Hills Shire Council held in the Council Chamber on 23 February 2021.

ITEM-5 HILLS SHIRE PLAN 2020/21 - REVIEW 2

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

THE MOTION WAS PUT AND CARRIED

55 RESOLUTION

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

56 RESOLUTION

A MOTION WAS MOVED BY COUNCILLOR COLLINS OAM AND SECONDED BY COUNCILLOR DR GANGEMI THAT the Recommendation contained in the report be

57 RESOLUTION

MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on February 23, 2021 Council Chambers on February 23, 2021.

ITEM-10 LTC RECOMMENDATION JANUARY 2021 - RIVER ROAD AT WEBBS CREEK FERRY - REQUEST FOR STOP

A MOTION WAS MOVED BY COUNCILLOR PRESTON AND SECONDED BY COUNCILLOR COLLINS OAM THAT the Recommendation contained in the report be

58 RESOLUTION

The matter be deferred to a Councillor Workshop

The General Manager undertake a review and report to a Councillor Workshop of Local Traffic policy

59 RESOLUTION

ITEM-17 LICENCE BETWEEN THE HILLS MENS SHED INCORPORATED AND THE HILLS SHIRE COUNCIL

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

60 RESOLUTION

ITEM-19 INFORMATION AND STATUS REPORTS

A MOTION WAS MOVED BY COUNCILLOR HAY OAM AND SECONDED BY COUNCILLOR DE MASI THAT the Recommendation contained in the report be adopted

61 RESOLUTION

The status of legal matters before all Courts as shown in Attachments 1 be noted (ECM Document No 19171263)

The status of Development Applications awaiting determination as shown in Attachment 4 be noted (ECM Document No19325553)

QUESTIONS WITHOUT NOTICE

62 INFORMATION AND STATUS REPORTS

63 GLENHAVEN - PROPOSED MOBILE TOWER

64 PROPOSED FOOTPATH AT ORATAVA AVENUE

65 LOCAL TRAFFIC COMMITTEE

66 WATER DAMAGE – BINGARA AVENUE/SEVEN HILLS ROAD

67 ROSS PLACE/EDWARDS ROAD BRIDGE

68 GEORGE STREET/TERRY ROAD, BOX HILL

69 BALMORAL ROAD SPORTS COMPLEX

ORDINARY MEETING OF COUNCIL 09 MARCH, 2021

STRATEGY

The Shire’s natural and built environment is well managed through strategic land use and urban planning that reflects our

MEETING DATE: 9 MARCH 2021 COUNCIL MEETING

GROUP: SHIRE STRATEGY, TRANSFORMATION AND SOLUTIONS

YEE LIAN

RESPONSIBLE OFFICER: MANAGER – FORWARD PLANNING NICHOLAS CARLTON

EXECUTIVE SUMMARY

In recognition of the increase in residential yield, adjust the apportionment of costs between residential and non-residential development to 39% (residential) and 61%

BACKGROUND Precinct Planning

December 2017 land within the Bella Vista and Kellyville Station Precincts was rezoned by the NSW Government to facilitate high density residential and commercial

Include costs in the design plan for 1,600 square feet of land east of Bella Vista Station for a possible future community facility. The draft plan is based on a 25-year development horizon and takes into account the potential for both residential and non-residential development outcomes within the district.

December 2020 Council resolved to publicly exhibit draft CP18. At that time, it was also resolved that Council enter into discussions with Landcom regarding a planning agreement

REPORT

EXHIBITION DETAILS

PUBLIC AUTHORITY SUBMISSIONS

Landholding

Bella Vista Kellyville Draft CP18 Landcom

Submission Draft CP18 Landcom Submission

TOTAL (Dwellings)

It is agreed that the yield projection for the non-SSDA land in the draft plan is slightly less than the achievable yield when using the allowable floor area ratios. Accordingly, it seems appropriate that the proposed yield on non-SSDA land be revised in accordance with the following table:.

Draft CP18 Proposed

As GFA and Landcom's production rights will be regulated through the SSDA, it is considered reasonable to adopt this assumption for land controlled by Landcom / Sydney Metro. However, based on previous analysis undertaken by the Council, it is considered more likely that a SEPP 65 compliant development on non-government land would provide an average dwelling size of around 90m2.

Amendment Draft CP18 Proposed Amendment

The revisions estimate an additional 485 dwellings within the Bella Vista area and 68 dwellings within the Kellyville area compared to the original estimates that informed the preparation of the draft plan. However, the revised yield projections submitted by Landcom are based on an average dwelling size of 80m2 per dwelling, which reflects the average for the SSDA land.

TOTAL

Although no post exhibition changes are recommended in response to this request, it is noted that IPART will have the opportunity to review both Landcom and Council's position on the inclusion of collector roads and make recommendations as to their inclusion or exclusion. Notwithstanding the above, it is considered reasonable to include a land value for this item in the draft contribution plan, as the inclusion of land for community facilities is permitted under the Department's list of essential works and will provide greater certainty regarding the provision of this infrastructure in the future.

Cricket NSW's desire to provide two additional cricket pitches as part of Stage 2 of the Caddies Creek expansion has been recognised. The draft master plan for Caddies Creek Stage 2 will be exhibited for public comment at a future date, at which time Cricket NSW and other interested parties will have a further opportunity to submit proposals.

Deferring payment of contributions to the Vocational Certificate stage is generally not supported. While the NSW Production Commission, as part of its review of infrastructure contributions in NSW, recommended that the deferral of local contributions to the Certificate of Occupancy stage be made permanent, the State Government will ultimately have to make a decision on whether to do so.

LANDCOM VOLUNTARY PLANNING AGREEMENT OFFER
POST EXHIBITION AMENDMENTS TO DRAFT CP18
Include costs within the draft Plan for 1,600m 2 of land to the east of Bella Vista Station for a possible future community facility

Images of the proposed road layout under the existing DCP applicable to the country (Part D, Section 7 - Balmoral Road Release Area) and draft CP18 are shown below. The land referred to in this document was formerly part of the Balmoral Road Release Area and was subject to the controls for that district, including the indicative road layout and proposed intersection treatments.

NEXT STEPS

Consequence changes are also suggested in the revenue tables, premium tables, work schedules, and maps in the draft plan to reflect the above changes. A number of other minor post-exhibition changes are proposed to correct typographical errors and align the eastern boundary of the 'Land Covered by this Plan' map with the current cadastral boundary of the affected properties.

IMPACTS Financial

Adjusting the cost distribution between residential and non-residential construction to 39% (residential) and 61% between residential and non-residential construction to 39% (residential) and 61% in connection with the increase in residential returns.

Non-Residential Floor

Residential Contribution

Contribution Rate (2020/21)

The Hills Future - Community Strategic Plan

RECOMMENDATION

Draft Contributions Plan No.18 – Bella Vista and Kellyville Precincts (Attachment 1), be forwarded to the Independent Pricing and Regulatory Tribunal for Review

Council consider a further report on Draft Contributions Plan No.18 – Bella Vista and Kellyville Precincts following the assessment of the draft Plan by the Independent

ATTACHMENTS

Draft Contributions Plan No. 18 – Bella Vista and Kellyville Station Precincts (39 Pages)

Contributions Plan No. 18

Bella Vista & Kellyville Station Precincts

CONTENTS

1 PART A: SUMMARY SCHEDULES

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 2.1 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
Relationship with other plans and policies
Policies & Procedures on the Levying and Payment of Contributions
Method of Payment
Planning Agreements
When must Contributions be paid?
Deferred or Periodic Payment
Construction Certificates and the obligations of accredited certifiers
Complying development and the obligations of accredited certifiers
Credit for existing development
Savings and transitional arrangements
Exemptions
Pooling of contributions
Calculation of Contributions Net Present Value Method
Review and Monitoring Of Plan
Timing of Provision
Financial Information
When did this plan come into force?

Pursuant to Section 7.21 of the EP&A Act, accredited certifiers must make a condition of monetary contributions in accordance with this Contribution Plan. This plan will be regularly reviewed by the Council in accordance with the provisions of the EP&A Regulation.

Figure 1 Land to which this Plan applies

3 PART C: STRATEGY PLANS

Existing Population
Development Potential: Future Population and Commercial Floor Space The Bella Vista and Kellyville Station Precincts will undergo significant transformation and
Demand for Public Facilities and Services

The table also provides a summary of the estimated non-residential acreage likely to be achieved in the Bella Vista and Kellyville Station Precincts. The amount of potential non-residential area was calculated based on consumption projections submitted as part of the above-mentioned state significant development applications.

Table 5 Projected Dwellings, Population and Non-Residential Floor Space

Open Space Facilities

Open Space Demand and Proposed Facilities
Apportionment
Schedule of Works and Costs Estimates
Contributions Formula

Demand for open space is primarily generated by future residential development within the district. It is therefore appropriate that only residential development is charged for the cost of delivering open space facilities.

Community Facilities

Community Facilities Demand and Provision
Apportionment
Schedule of Works and Costs Estimates

The demand for communal facilities is primarily generated by future residential development within the area. The method used to calculate the contribution rate for open areas and the acquisition of open areas is described in section 2.19.

Transport Facilities

Transport Facilities Demand and Provision
Apportionment
Schedule of Works and Cost Estimates

The costs of providing traffic facilities are apportioned between residential and non-residential developments based on the amount of traffic generation associated with each use. Based on the above, 38% 39% of the costs of transport infrastructure within this plan are allocated to housing within the Precincts, while the remaining 62%.

Table 6 Traffic Generation and Apportionment

Water Management

Water Management Demand and Provision
Apportionment

Plan Administration

Administration and Plan Preparation
Apportionment

Work Schedule

AMENDMENTS - CONSTRUCTION AND DEDICATION OF LOCAL ROADS (FP171)

GROUP: SHIRE STRATEGY, TRANSFORMATION AND SOLUTIONS AUTHOR: PRINCIPAL COORDINATOR FORWARD PLANNING

BRENT WOODHAMS

RESPONSIBLE OFFICER: MANAGER - FORWARD PLANNING NICHOLAS CARLTON

BACKGROUND

The Council is unable to include the costs of purchasing and building local roads within the contribution plans as IPART requires the Council to ensure the delivery of these roads through conditions of development consent where possible. It is also recognized that the inclusion of local roads in the contribution plans would result in high development contribution rates.

PROPOSED AMENDMENTS

This has resulted in recent cases of individual developers attempting to circumvent the requirement to construct and dedicate local roads as part of their development or alternatively attempting to offset the cost of road construction against the Section 7.11 contributions payable for their development . The amendments seek to protect the Council and the community from financial burden associated with developers attempting to circumvent the requirement to build and dedicate local roads as part of their development.

Strategic Plan - Hills Future

Draft amendments to The Hills Development Control Plan 2012 (Part A - Introduction), the North Kellyville Precinct Development Control Plan and the Box Hill Growth Centre

If supported by Council, the draft amendments to The Hills DCP 2012 (Part A - Introduction), the North Kellyville Precinct DCP and the Box Hill Precinct DCP will be on public display for a minimum of 28 days.

Copies of the draft amendments to the North Kellyville and Box Hill Growth Centre Precincts Development Control Plans (Attachments 2 and 3 respectively) be forwarded

Draft The Hills Development Control Plan 2012 – Introduction (24 pages)

Draft North Kellyville Growth Centre Precinct Development Control Plan, part 3 (52 pages)

Introduction

NAME AND STATUS OF THE PLAN
LAND TO WHICH THIS DEVELOPMENT CONTROL PLAN APPLIES
PURPOSE OF THIS DEVELOPMENT CONTROL PLAN
HOW TO USE THIS PLAN
OBJECTIVES, OUTCOMES, PERFORMANCE CRITERIA AND DEVELOPMENT CONTROLS

An applicant may request a variation of any development path, provided that the outcomes/objectives of the specific development path and the relevant section(s) of the development path as a whole can still be achieved. The applicant must provide a written statement as part of its development application (for example, in the Statement of Environmental Impacts) supporting any request for a development control plan amendment.

Development Assessment Pathways

EXEMPT DEVELOPMENT
COMPLYING DEVELOPMENT
LOCAL DEVELOPMENT

Advertising & Notification Procedures

MANDATORY ADVERTISING/NOTIFICATION
NOTIFICATION OF DEVELOPMENT APPLICATIONS
NOTIFICATION TIMEFRAMES
CIRCUMSTANCES WHERE NOTIFICATION IS NOT REQUIRED
CONCILIATION CONFERENCES

Where a development application is not notified by Council in accordance with the above provisions, adjoining and adjacent property owners will be sent a friendly letter indicating that an application has been received which complies with the requirements of the development control plan. The letter will state Council will not formally notify or submit submissions for the application that will be determined within the requirements of the Environmental Planning and Assessment Act, 1979 no earlier than 14 days from the date of the letter.

Lodging a Development Application

If more than 10 submissions are received in relation to a development application during a formal notice period, the Council will host a conciliation conference.

Ecologically Sustainable Development

COUNCIL’S ESD OBJECTIVES
ACHIEVING THE ESD OBJECTIVES

In all aspects of land planning and development, attention should be paid to achieving the listed objectives of ESD. As part of the Environmental Impact Statement required to be submitted with all Development Applications, a summary of the actions taken to achieve these objectives must be included.

Construction of local transport infrastructure (local roads)

Specific objectives and development controls are included within this Development Control Plan, which identifies specific areas where ESD principles should be carefully considered and provides controls detailing how these principles should be achieved.

Glossary

Electromagnetic radiation (EMS) is radiation in the microwave and radio frequency bands of the electromagnetic spectrum. The Environmental Management Plan (Extractive Industries) is a report that shows the overall performance and management of extractive industry operations.

Important Dates & Document Specifications

List of Additions Development Control Plan has been amended as follows: t & Section Description of Amendment Address of Land (if applicable) Date of Acceptance & Minute No. In Force Date File Reference - Residential Page 13 of 46 Controls to direct development outcomes on the site and removal from Restricted Development Area. New apartment mix and size controls for residential apartment buildings and removal of redundant controls within various sections of the DCP.

XXXXXXFP171

LAND DEVELOPMENT

Network and Design

Street Network, Design and Hierarchy

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Laneways

Driveways that create a 'front-to-back' layout (front-addressed main residences on one side and rear-access garages on the other) should be avoided. A continuous series of secondary dwellings or strata studios along the course should be avoided, as this changes the character, purpose and function of the course.

Shared Driveways

Sub-precincts

Public Transport

Pedestrian and Cycle Network

Utilities and services must be provided and constructed in accordance with the requirements of the relevant authority. Details of the location of all sewer networks must be provided to Council for assessment of environmental and property considerations.

Block and Lot Layout

R1 General Residential

R2 Low Density

R3 Medium Density

Residential Target (dwellings/Ha)

Dwelling House

Semi Detached

Battle-axe Lots

To enable hatchet shaped plots or shared driveway access to plots fronting access denied roads. Subdivision layout should minimize the use of battle ax lots without public frontage to address residual land issues.

Corner Lots

Subdivision Approval Process

The management plan contains, among other things, an environmental management plan, a forest fire risk management plan and details of the obligations of landowners in the ongoing management of Community land; e) The management plan will be part of the bylaws of the public body in the community management statement. The by-laws of the public body relating to the management plan state that changes to the management plan may not be made without the consent of the public body (Hills Shire Council) in accordance with the Community Land Management Act 1989 (NSW). f) The design of roads and lots within the development provides access for NSW Rural Fire Service vehicles and complies with the provisions of the Bushfire Protection Planning 2006 (as amended) where required.

Figure 29. Sample of a Building Envelope Plan (BEP)

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3.0 Land Development

Residential Density and Subdivision

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Subdivision Approval Process 2EMHFWLYHV

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Movement Network

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Public Domain Works OBJECTIVES

Residue Lots OBJECTIVES

Inclusion of roads in contributions plans

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