MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 14 May 2019. A MOTION WAS MOVED BY COUNCIL DR GANGEMI AND SECOND BY COUNCIL RUSSO THAT the Minutes of the Ordinary Council Meeting held on 200 April be confirmed.
ORDINARY MEETING OF COUNCIL 28 MAY, 2019
STRATEGY
The Shire’s natural and built environment is well managed through strategic land use and urban planning that reflects our
MEETING DATE: 28 MAY 2019
COUNCIL MEETING
GROUP: SHIRE STRATEGY, TRANSFORMATION AND SOLUTIONS
JANE KIM
RESPONSIBLE OFFICER: MANAGER – FORWARD PLANNING NICHOLAS CARLTON
EXECUTIVE SUMMARY
It is recommended that the planning proposal proceed to completion together with the adoption of the draft development controls and the implementation of the VPA. However, as the VPA relies on the use of the Plan of Contributions to collect a fair and reasonable contribution from the construction work on the site (the first 96 dwellings), it is vital that any finalization of this planning proposal is sequenced by the completion and acceptance of Plan of Contributions no.
APPLICANT
OWNERS
THE HILLS LOCAL ENVIRONMENTAL PLAN 2012
POLITICAL DONATIONS Nil disclosures by the proponent
HISTORY 20/01/2015 –
The draft Voluntary Planning Agreement be subject to a legal review at the cost of the proponent, prior to public exhibition
The draft Voluntary Planning Agreement be updated, as required, prior to exhibition to incorporate the recommendations of the legal
The draft Voluntary Planning Agreement be publicly exhibited concurrently with the associated planning proposal (24/2016/PLP)
REPORT
- THE SITE
- BACKGROUND (CASTLE HILL NORTH PRECINCT PLAN)
- November 2015, Council adopted the Castle Hill North Precinct Plan and commenced
- December 2018, Council forwarded the planning proposal for the Castle Hill North Precinct to the Department of Planning and Environment for finalisation. The finalisation of
- SUMMARY OF PROPOSAL Planning Proposal
- October 2017 Council received a Gateway Determination and authorisation to exercise its delegation to make the plan. The Gateway Determination required that
- EXHIBITION DETAILS
- PUBLIC AUTHORITY CONSULTATION
17 – Castle Hill North Area (to enable Council to approve the Plan and place development within the area to provide new local infrastructure). To guide future development on the site, the proposal is accompanied by an amendment to the draft DCP for the Castle Hill North area (DCP 2012 - Part D Section 20).
The council received 16 comments on the draft plans, including three (3) comments from public bodies and 13 comments from the public.
Comment
The Contributions Plan for the Castle Hill North Precinct. Once adopted and finalised, this Plan will levy contributions towards local and regional infrastructure from all
The draft VPA associated with this development. Once executed, this VPA will secure contributions towards further infrastructure upgrades associated with any
SUMMARY OF PUBLIC SUBMISIONS
This open space extends about 35 meters from the facade, which will reduce the apparent scale of the development from the north. This is measured from the modified boundary (according to land use for road widening) and corresponds to approximately 9-9.5 meters from the existing boundary.
Common open space and deep soil planting on the north-eastern part of the site. While further consideration of heritage impacts will take place as part of the detailed development assessment process, it is considered that the development is unlikely to have an unreasonable impact on the heritage significance of Garthowen House.
The proposed development will result in moderate shading of the childcare center car park from 2-3pm on the winter solstice. This issue was identified and rectified as part of the review of submissions received during the exhibition of the Castle Hill North Planning Proposal.
It is believed that the traffic improvements to the local road network identified as part of the planning for the Castle Hill North Precinct, together with the contributions offered under the draft VPA, will be sufficient to mitigate the impact of the expected increase on the local road network. This modeling will enable the Council and the State Government to better analyze the traffic implications associated with development in the Castle Hill Precinct and this in turn should allow the finalization of the Castle Hill North Planning proposal and the adoption of the associated Contributions plan no.
The assessment submitted in support of the proposal concludes that the proposed development will have a negligible impact on the surrounding road network. 17 – Castle Hill North Precinct is currently subject to IPART and Ministerial review and following this process and the completion of the district-wide traffic modelling, it will be adopted in conjunction with the finalization of the Castle Hill North Precinct planning proposal.
Comments
Under the draft VPA, the first 96 homes on the site (the expected yield through the Castle Hill North planning proposal) will be levied under Contribution Plan No. 17 – Castle Hill North when it comes into force. The likely cash contribution associated with an estimated yield of 89 off-plan homes would be approximately $2.2 million, which Council would have the power to allocate to local infrastructure supporting the people of Castle Hill North Precinct.
The plan proposal would result in an additional yield of 89 'unplanned' units (in addition to the 96 units foreseen on the site). Given the negotiations to date between the municipality and the developer, the value of monetary contributions and the additional benefits guaranteed through the VPA, it is believed that the combination of the contribution plan (once approved and finalized) and the VPA is a fair and reasonable contribution from the developer, commensurate with the demand for additional infrastructure likely to be generated by the planning proposal.
OPTIONS
Forward planning proposal to the Department for finalisation
Considering the merits of the proposal, the Council may decide to send the planning proposal to the Department of Planning and Environment for finalisation. If the Council decides to finalize the planning proposal pending the satisfaction of the above matters, it is also recommended that the Council accept the associated amendments to the draft DCP 2012 (Part D Section 18 – Castle Hill North) (Attachment 1) and the implementation of the draft VPA (Appendix 2).
The planning proposal not proceed to finalisation
However, as the VPA for the Garthowen Crescent Planning Proposal is dependent on the application of the Contributions Plan to collect a fair and reasonable contribution for the first 96 homes on the site, it is critical that completion of this planning proposal is followed that the completion and approval of Contributions Plan No. Should the final approved version of the Contributions Plan establish a higher contribution rate compared to the current draft version of the plan under IPART review, the Board reserves the right and complete discretion to review the adequacy of the contributions offered under the draft VPA , prior to executing the VPA or finalizing the planning proposal.
IMPACTS Financial
17 – Castle Hill North Precinct (together with the simultaneous finalization of the Castle Hill North Precinct planning proposal and DCP).
Unit Mix Monetary
Contribution Rate
Strategic Plan - Hills Future
RECOMMENDATION
Draft amendments to DCP 2012 (Part D Section 18 – Castle Hill North) (Attachment 1) be adopted and come into force following the amendment to LEP 2012 relating to
ATTACHMENTS
Draft The Hills Development Control Plan 2012 (Part D Section 20) (57 pages) 2. Draft Voluntary Planning Agreement (16 pages)
POST EXHIBITION DRAFT – MAY 2019 In Force XXXXXXX
Land to which this Section applies
This section relates to land within the northern area of Castle Hill (see Figure 1).
Purpose of this Section
Relationship to other Sections of the DCP
Vision
Development principles
Placemaking will be a key focus to provide neighborhoods that are sustainable, accessible, safe, attractive and well-served with a unique character and sense of place. Streets will be widened where possible incorporating new public domain treatments including new paving, new street furniture and lighting, improved pedestrian access and dedicated street tree planting.
Desired Future Streetscape Character
The 'Urban Active Edge Streetscape' applies to streets in the vicinity of the railway station and Castle Hill Centre. Where terraces are proposed along these streets, these will have smaller setbacks and address the street facade elements of the 'Terrace Edge Streetscape'.
Castle Hill North Precinct Structure Plan and Key Elements
The development must comply with the desired character in Section 3.1 of this DCP, the key elements in Table 1 and the Castle Hill North Precinct Structure Plan in Figure 14. Intersection treatments including roundabouts at Carramarr Road/ Castle Street, Gilham Street/ Carramarr Road, Gilham Gade/ Old Castle Hill Road.
Movement Network and Design
Public Domain
Attractive, high quality outdoor spaces for children to play will, where appropriate, be integrated into the public domain within centres. The Council will require as a condition of any development consent that any existing overhead electricity network service be moved underground, with the exception of main transmission lines.
Integrated Water Management
WSUD must be adopted throughout development, including water quality management and mitigation of runoff to acceptable levels after development. Stopping in place must be provided in accordance with Section 4.22 of Council's Design Guidelines Subdivision / Developments.
Cut and Fill
Ecologically Sustainable Development
Buildings are encouraged to incorporate a three-generation system that provides energy-efficient power, heat and air conditioning for on-site use. Reduce reliance on mechanical heating and cooling by using overhangs, awnings, good insulation and landscaping.
Ecology
Safety & Security
Heritage (Garthowen House)
Siting the Development
Site Requirements
An orderly isolated town development can be achieved which is consistent with the provisions of The Hills LEP and DCP. Development on an isolated site must not detract from the character of the streetscape and must achieve a satisfactory level of amenity, including access to sunlight, visual and acoustic privacy.
Setbacks (Building and Upper Level)
This should include the applicant providing an envelope for that site, with sufficient height, building form, setbacks and separations (building and basement) to understand the relationship between the proposed development and the isolated site and implications for the streetscape. For all buildings, on a street reservation equal to or greater than 20 m wide (Old Castle Hill Road and Castle Street), all floors above the 6th floor must be 6 m behind the front building line.
Open Space and Landscaping
Plant species appropriate to the context and specific microclimate of the development must be selected to maximize the use of endemic and native species and opportunities for urban biodiversity. Drought-tolerant plant species and species that strengthen habitats and ecology must be prioritized.
Designing the Building
Built Form Design
No more than 25% of the total number of dwellings (relative to the nearest whole number of dwellings) in the development may be studios or one-bedroom dwellings, or both, and. At least 20% of the total number of dwellings (to the nearest whole number of dwellings) in the development must be dwellings with 3 or more bedrooms.
Active Street Frontages
Continuous awnings shall be provided over retail uses and the full length of active facades. Where an active facade is required, a minimum of 80% of the building facade must be transparent (ie windows and glass doors).
Streetscape and the Public Domain Interface
Retail and business uses on the ground floor are designed so that the ground floor in at least part of the premises is at the level of the finished footpath level on the adjacent street and/or open space. Lighting must be provided for safety at night for all public and semi-public access roads.
Residential Uses on Ground and First Floors
Solar Access and Overshadowing
Adaptable housing
Residential residential buildings must comply with the requirements for flexible accommodation under Part B Section 5 Residential Residential Buildings of the Hills DCP 2012. All types of residential accommodation must consider flexibility in design to allow adaptation to meet the changing needs of residents due to aging or disability.
Noise
Wind
Parking Rates and Access
Parking spaces must be provided at the rates specified in the parking rates table below. A covenant must be registered with the strata plan indicating any car share parking space.
Site Requirements
This part of the DCP applies to land within the area zoned R3 Medium Density Residential. Development specified in this section of the DCP, which is the Torrens Title subdivision, must comply with the requirements of Section 4.1B Exceptions to Minimum Lot Sizes for Certain Development under The Hills Local Environmental Plan 2012.
Building Setbacks
Front Articulation Zone Small facade elements such as balconies, porches or verandas can be 1 m in front of the front line of the building. It must comply with the setback requirements contained in The Hills DCP 2012 (Part B Section 4 – Multiple dwellings).
Open Space and Landscaping
At least 50% of the required private open space for each dwelling and adjoining dwellings must be exposed to direct sunlight for a minimum of 3 hours between 9am and 3pm on 21 June. Collapsible or permanent clothes drying equipment should be provided within private open spaces and positioned to maximize the amount of direct sunlight received.
Rear Laneways
Terraces should be designed to facilitate passive surveillance along the back avenue through the placement of windows and balconies facing the avenue. Accordingly, any building elements overhanging the back lane reservation area will affect the operation of side-mounted refuse collection vehicles.
Building Height
Building Design and Streetscape
The entrance to the facility must be accessible and visible from the street. For strata development, a minimum of 10 m3 of storage space in a lockable garage or basement must be provided for each apartment.
Car Parking
Where basement parking is provided, the parking area must be accessed by a single front driveway. Basement parking should be consolidated below building footprints to maximize opportunities for deep soil planting on site.
VOLUNTARY PLANNING AGREEMENTDRAFT PLANNING AGREEMENT
ADDRESS / APPLICATION]
THE HILLS SHIRE COUNCIL
This document is drawn up in connection with the amendment of the instrument and applies to the land. This document must be registered by the investor in the ownership of the land as soon as it is feasible.
ITEM-3 BUDGET REVIEW AS AT 30 APRIL 2019 THEME: Proactive Leadership
Maintain a strong financial position that supports the delivery of services and strategies and ensures long term
AUTHOR
MANAGER FINANCE, INTEGRATED PLANNING &
REPORTING ANEESH ZAHRA
RESPONSIBLE OFFICER
GROUP MANAGER FINANCE & ORGANISATIONAL PERFORMANCE
CHANDI SABA EXECUTIVE SUMMARY
32.9m, an increase of $184k compared to Current Budget
BACKGROUND
Insurance Expenditure – Increase $50k
MOVEMENT IN RESERVES
- Net Transfer to Reserves – Net Increase $123k
- New Jobs $106k
- Increased funding for Existing Jobs $15k
- Decreased funding for Existing Jobs $75k
- Projects completed under budget $661k
- of the Environmental Planning Assessments Act enables Councils to prepare Developer Contribution Plans to provide public amenities such as Open Space, Roads, and
Higher than expected insurance expenses based on real estate valuations and recent claims proposed to be funded from Insurance/Workers Comp Reserve. Contributions should be treated as income when received but held until spent.
Gap Funding
Furthermore, the investments shown in appendix 1 page 11 have been made in accordance with the law, the regulations and the council's actual investment policy.
Hills Future
Management Reporting Format Page 5–11 Statutory Reporting Format
Listing of Contracts & Other Expenses
The Hills Shire Council
Budget Quarter 1 Quarter 2 Quarter 3 Budget included Revised for Council Decision * 2018/19 Revision Revision Revision 2018/19 Commitments Budget Contra Var. The Hills Shire Council Appendix 1 PAGE 32 UNLIMITED CURRENT RATIO (Based on Actuals) DEBT SERVICE RATIO RATES & ANNUAL CHARGES COVERAGE RATIO (Based on Revised Budget) RATES, ANNUAL CHARGES, INTEREST AND OUTSIDE CHARGES.
WEBCASTING OF COUNCIL MEETINGS
Ensure Council is accountable to the community and meets legislative requirements and support Council’s elected
GROUP: FINANCE AND ORGANISATIONAL PERFORMANCE
AUTHOR: MANAGER - GOVERNANCE & PUBLIC OFFICER MICHAEL SPENCE
GROUP MANAGER - FINANCE & ORGANISATIONAL PERFORMANCE
CHANDI SABA BACKGROUND
All meetings of the council and council commissions must be broadcast on the council's website. A recording of each Council and Council Committee meeting must be kept on the Council's website [the Council shall determine the period of time during which the recording shall be kept on the website].
CONCLUSION
Council record meetings commencing from December 2019 using audio and upload onto Council’s website within 3 days of the meeting
Note: Councils should include additional provisions in their approved meeting codes of practice specifying whether meetings are to be broadcast live or recordings of meetings uploaded to the Council's website at a later time. The supplementary provisions must also specify whether the webcast will consist of an audio visual recording of the meeting or an audio recording of the meeting.
A recording of each meeting of the Council is to be retained on the Council’s website for 3 years
Webcasting does not apply to parts of a meeting that are closed to the public under Section 10A of the Act. At the beginning of each meeting, the chairperson makes a statement informing those present that the meeting will be webcast and that those present should refrain from making defamatory statements.
Council adopt the attached code of meeting practice as drafted by the Office of Local Government incorporating Council’s own requirements including recommendations 1 and
The draft Code of Meetings Practice to be placed on public exhibition in accordance with s.361 of the Local Government Act 1993.
The draft Code of Meeting Practice be placed on public exhibition in accordance with s.361 of the Local Government Act 1993. Any submissions received be referred back to
Draft Model Code of Meeting Practice for Local Councils in NSW (42 pages)
ITEM-5 MINUTES OF AUDIT COMMITTEE MEETING - 2 MAY 2019
GROUP MANAGER - FINANCE AND ORGANISATIONAL PERFORMANCE
CHANDI SABA
Reports of the Audit Committee Meeting dated 2 May 2019 (53 pages) 2. Minutes of the Audit Committee Meeting dated 2 May 2019 (4 pages)
AUDIT COMMITTEE MEETING
Thursday, 02 May 2019
COUNSELOR HAY OAM AND SECOND FROM THE UN COUNSELOR, ALBANIA A MOTION THAT THE RECOMMENDATION INCLUDED IN THE REPORT BE APPROVED. A MOTION WAS MOVED BY COUNCILOR HAY OAM AND A SECOND BY COUNCILOR HASELDEN THAT THE RECOMMENDATION CONTAINED IN THE REPORT BE APPROVED.
