MINUTES OF General Meeting

 

Held at Council Chambers, HORNSBY

on Wednesday, 15 August, 2012

at 6:35 PM

 

 

 

PRESENT

 

Councillors Berman (Chairperson), Browne, Chopra, Evans, Hutchence, Martin, Mills, Russell and Smart.

 

NATIONAL ANTHEM

 

OPENING PRAYER

 

The Mayor opened the meeting in prayer.

 

Acknowledgement of RELIGIOUS DIVERSITY

 

Statement by the Chairperson:

 

"We recognise our Shire's rich cultural and religious diversity and we acknowledge and pay respect to the beliefs of all members of our community, regardless of creed or faith."

 

ABORIGINAL RECOGNITION

 

Statement by the Chairperson:

 

"We acknowledge we are on the traditional lands of the Darug and Guringai Peoples.† We pay our respects to elders past and present."

 

AUDIO RECORDING OF COUNCIL MEETING

 

Statement by the Chairperson:

 

"I advise all present that tonight's meeting is being audio recorded for the purposes of providing a record of public comment at the meeting, supporting the democratic process, broadening knowledge and participation in community affairs, and demonstrating Councilís commitment to openness and accountability.† The recordings will be made available on Councilís website once the Minutes have been finalised. All speakers are requested to ensure their comments are relevant to the issue at hand and to refrain from making personal comments or criticisms."

 

APOLOGIES / leave of absence

 

RESOLVED ON THE MOTION OF COUNCILLOR HUTCHENCE, seconded by COUNCILLOR EVANS,

 

THAT the apology and request for leave of absence from Councillor McMurdo in respect of an inability to attend the General Meeting on 15 August 2012 be accepted and leave of absence be granted.

 

FOR: †††††††††††††† Councillors Berman, Browne, Chopra, Evans, Hutchence, Martin, Mills, Russell and Smart

 

AGAINST:†††††††† NIL

 

political donations disclosure

 

Statement by the Chairperson:

 

ďIn accordance with Section 147 of the Environmental Planning and Assessment Act 1979, any person or organisation who has made a relevant planning application or a submission in respect of a relevant planning application which is on tonightís agenda, and who has made a reportable political donation or gift to a Councillor or employee of the Council, must make a Political Donations Disclosure Statement.

 

If a Councillor or employee has received a reportable political donation or gift from a person or organisation who has made a relevant planning application or a submission in respect of a relevant planning application which is on tonightís agenda, they must declare a non-pecuniary conflict of interests to the meeting, disclose the nature of the interest and manage the conflict of interests in accordance with Councilís Code of Conduct.Ē

 

presentations

 

Nil

 

declarations of interest

 

Nil

 

confirmation of minutes

 

RESOLVED ON THE MOTION OF COUNCILLOR Smart, seconded by COUNCILLOR Evans,

 

THAT the Minutes of the General Meeting held on Wednesday 18 July 2012 be confirmed, a copy having been distributed to all Councillors.

 

FOR: †††††††††††††† Councillors Berman, Browne, Chopra, Evans, Hutchence, Martin, Mills, Russell and Smart

 

AGAINST:†††††††† NIL

petitionS

 

Nil

Rescission Motions

 

Nil

ITEMS PASSED BY EXCEPTION / CALL FOR SPEAKERS ON AGENDA ITEMS

 

THE MAYOR ANNOUNCED his intention to deal with the balance of the Business Paper by the exception method and announced the items.

 

Items 8, 10, 11 and 13 were withdrawn for discussion.

 

RESOLVED ON THE MOTION OF COUNCILLOR Browne, seconded by COUNCILLOR Evans,

 

THAT the recommendations in respect of items 1, 2, 3, 4, 5, 6, 7, 9 and 12 be adopted.

 

FOR: †††††††††††††† Councillors Berman, Browne, Chopra, Evans, Hutchence, Martin, Mills, Russell and Smart

 

AGAINST:†††††††† NIL

 

For the sake of clarity, the above items are recorded in Agenda sequence.

 

NOTE:†††††††† Persons wishing to address Council on matters which were on the Agenda were permitted to speak, prior to the item being discussed, and their names are recorded in the Minutes in respect of that particular item.

 

GENERAL BUSINESS

 

General Manager's Division

 

Nil

 

Corporate Support Division

 

1†††††††††††††††† CS9/12††††††† Hornsby Shire Community Plan 2010-20 -† Implementation and End of Term Report

(F2009/00024-02)

RESOLVED ON THE MOTION OF COUNCILLOR Browne, seconded by COUNCILLOR Evans,

 

THAT the contents of Deputy General Managerís Report No. CS9/12 be received and noted.

 

FOR: †††††††††††††† Councillors Berman, Browne, Chopra, Evans, Hutchence, Martin, Mills, Russell and Smart

 

AGAINST:†††††††† NIL

 

2†††††††††††††††† CS10/12††††† Local Government Association - 2012 Annual Conference - Submission of Motions

(F2011/00735)

RESOLVED ON THE MOTION OF COUNCILLOR Browne, seconded by COUNCILLOR Evans,

 

THAT Council adopt the draft motion in Deputy General Managerís Report No. CS10/12 for submission to the 2012 Local Government Association Conference.

 

FOR: †††††††††††††† Councillors Berman, Browne, Chopra, Evans, Hutchence, Martin, Mills, Russell and Smart

 

AGAINST:†††††††† NIL

 

3†††††††††††††††† CS11/12††††† Investments and Borrowings for 2011/12 - Status for Period Ending 30 June 2012

(F2004/06987)

RESOLVED ON THE MOTION OF COUNCILLOR Browne, seconded by COUNCILLOR Evans,

 

THAT the contents of Deputy General Managerís Report No. CS11/12 be received and noted.

 

FOR: †††††††††††††† Councillors Berman, Browne, Chopra, Evans, Hutchence, Martin, Mills, Russell and Smart

 

AGAINST:†††††††† NIL

 

4†††††††††††††††† CS12/12††††† Pecuniary Interest and Other Matters Returns - Disclosures by Councillors and Designated Persons

(F2012/00606)

RESOLVED ON THE MOTION OF COUNCILLOR Browne, seconded by COUNCILLOR Evans,

 

THAT Council note the Disclosure of Pecuniary Interests and Other Matters Returns recently lodged with the General Manager have been tabled as required by the Local Government Act.

 

 

FOR: †††††††††††††† Councillors Berman, Browne, Chopra, Evans, Hutchence, Martin, Mills, Russell and Smart

 

AGAINST:†††††††† NIL

Environment and Human Services Division

 

Nil

 

Planning Division

 

5†††††††††††††††† PL13/12†††††† Development Application - Five Storey Mixed Use Development
5 and 7 Thornleigh Street, Thornleigh

(DA/453/2012)

RESOLVED ON THE MOTION OF COUNCILLOR Browne, seconded by COUNCILLOR Evans,

 

THAT Council assume the concurrence of the Director-General of the Department of Planning and Infrastructure pursuant to State Environmental Planning Policy No. 1 and approve Development Application No. DA/453/2012 for demolition of existing structures and erection of a five storey mixed use development comprising one commercial unit and 21 residential units with basement car parking at Lots 25, 26 and 27 Sec 4 DP 1854, Nos. 5 and 7 Thornleigh Street, Thornleigh subject to the conditions of consent detailed in Schedule 1 of Group Managerís Report No. PL13/12.

 

FOR: †††††††††††††† Councillors Berman, Browne, Chopra, Evans, Hutchence, Martin, Mills, Russell and Smart

 

AGAINST:†††††††† NIL

 

6†††††††††††††††† PL14/12†††††† Reporting Variations to Development Standards

(F2004/07599)

RESOLVED ON THE MOTION OF COUNCILLOR Browne, seconded by COUNCILLOR Evans,

 

THAT the contents of Group Managerís Report No. PL14/12 be received and noted.

 

FOR: †††††††††††††† Councillors Berman, Browne, Chopra, Evans, Hutchence, Martin, Mills, Russell and Smart

 

AGAINST:†††††††† NIL

 

7†††††††††††††††† PL16/12†††††† Precinct Support Scheme for Urban Activation Precincts

(F2004/07218-03)

RESOLVED ON THE MOTION OF COUNCILLOR Browne, seconded by COUNCILLOR Evans,

 

THAT:

 

1.†††††††† Council nominate the Epping Town Centre for consideration by the Department of Planning and Infrastructure under the Urban Activation Precincts Scheme as the Scheme provides opportunity for financial support to progress infrastructure upgrades required to service the resultant population growth within the Centre identified under the Epping Town Centre Study.

 

2.†††††††† Councilís nomination recognise that any amendment to planning controls should be progressed generally in accordance with the Epping Town Centre Study recommendations subject to further review of a range of matters in response to public submissions including Heritage Conservation Area boundaries, potential heritage items, urban form in the Town Centre Core, residential precinct heights, property acquisition and North West Rail Link impacts.

 

FOR: †††††††††††††† Councillors Berman, Browne, Chopra, Evans, Hutchence, Martin, Mills, Russell and Smart

 

AGAINST:†††††††† NIL

 

8†††††††††††††††† PL18/12†††††† Development Application - Townhouse Development
156 - 160 Sherbrook Road, Asquith

(DA/414/2012)

Ms Heather Shepherd, of Asquith, addressed Council regarding this item.

Mr David Stokes, of Asquith, addressed Council regarding this item.

 

RESOLVED ON THE MOTION OF COUNCILLOR Smart, seconded by COUNCILLOR Russell,

 

THAT Development Application No. DA/414/2012 for construction of a townhouse development comprising 20 dwellings and strata subdivision at Lot 2 DP 669154, Lot 1 DP 669153, Lot D DP 402287, Nos. 156-160 Sherbrook Road, Asquith be approved subject to the conditions of consent detailed in Schedule 1 of Group Managerís Report No. PL18/12 and the following additional conditions:

 

†††††††† 31A.†† Right of Carriageway

††††††††† A right of carriageway for vehicular access shall be created over the access corridor benefiting Lot A DP 402287, No. 154 Sherbrook Road, Asquith and shall be nominated on the plan of subdivision under section 88B of the Conveyancing Act 1919.

 

††††††††† 33A.†† Boundary Fencing

 ††††††† A colour bond fence to a height of 2.0 metres, with lattice screening 500mm high affixed to the top, shall be erected to replace the existing fence along the property boundary with No. 1 Stokes Avenue and No. 3 Stokes Avenue.

 

††††††††† NOTE:†††††††† Alternative fencing may be erected subject to the written consent of the adjoining †††††††††††††††††††††††† property owner(s).

 

FOR: †††††††††††††† Councillors Berman, Browne, Chopra, Evans, Hutchence, Martin, Mills, Russell and Smart

 

AGAINST:†††††††† NIL

 

†Infrastructure and Recreation Division

 

9†††††††††††††††† IR5/12†††††††† Request to Remove Tree at 33 Hannah Street, Beecroft

(TA/47/2012)

RESOLVED ON THE MOTION OF COUNCILLOR Browne, seconded by COUNCILLOR Evans,

 

THAT Council refuse application TA/37/2012 to remove one Eucalyptus saligna (Sydney Blue Gum) from the property at 33 Hannah Street, Beecroft.

 

FOR: †††††††††††††† Councillors Berman, Browne, Chopra, Evans, Hutchence, Martin, Mills, Russell and Smart

 

AGAINST:†††††††† NIL

 

10††††††††††††††† IR11/12††††††† Request to Remove Tree at 23 Millstream Grove, Dural

(TA/47/2012)

Mr Stuart Moule, of Dural, addressed Council regarding this item.

Mr Chris Johnson, of Dural, addressed Council regarding this item.

 

RESOLVED ON THE MOTION OF COUNCILLOR Smart, seconded by COUNCILLOR Russell,

 

THAT Council approve application TA/32/2012 to remove one Angophora costata (Smooth-barked Apple) from the property at 23 Millstream Grove, Dural.

 

FOR: †††††††††††††† Councillors Berman, Browne, Chopra, Evans, Hutchence, Martin, Mills, Russell and Smart

 

AGAINST:†††††††† NIL

Supplementary Reports

 

11††††††††††††††† PL17/12†††††† Further Report - Dwelling - House at No. 29 Abuklea Road, Epping

(DA/310/2012)

Mr Laurie Beckett, of Epping, addressed Council regarding this item.

Mr David Van Aanholt, of Epping, addressed Council regarding this item.

Mr Uday Shivamurthy, of Epping, addressed Council regarding this item.

 

RESOLVED ON THE MOTION OF COUNCILLOR Browne, seconded by COUNCILLOR Hutchence,  

 

THAT Development Application No. DA/310/2012 for the demolition of an existing dwelling-house and the erection of a dwelling-house at Lot 1, DP 409170, No. 29 Abuklea Road, Epping be approved subject to the conditions of consent detailed in Schedule 1 of Group Managerís Report No. PL17/12 and the following additional condition:

 

†††††††††††† 1A. ††† Amended Plans

†††††††††

††††††††† The plans shall be amended to remove the roof element above the portico at the first floor level on the south elevation.

 

FOR: †††††††††††††† Councillors Berman, Browne, Chopra, Evans, Hutchence, Martin, Mills, Russell and Smart

 

AGAINST:†††††††† NIL

 

Confidential Items

 

12††††††††††††††† CS13/12††††† Proposed Sale of Surplus Land at Normanhurst

This report was deemed confidential, under Section 10A (2) (c) of the Local Government Act, 1993. This report contains information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business

†(F2012/00432)

RESOLVED ON THE MOTION OF COUNCILLOR Browne, seconded by COUNCILLOR Evans,

 

THAT:

 

1.†††††† Council agree to the sale of the property identified within confidential Deputy General Managerís Report No. CS13/12, at the price and generally consistent with the agreed terms of sale detailed within confidential Deputy General Managerís Report No CS13/12.

 

2.†††††† Council delegate authority to the General Manager to negotiate detailed terms of the agreement consistent with the agreed terms of sale outlined within Deputy General Managerís Report No. CS13/12.

 

3.†††††† The General Manager be authorised to execute any documents in relation to this matter deemed appropriate by Councilís legal advisers.

 

FOR: †††††††††††††† Councillors Berman, Browne, Chopra, Evans, Hutchence, Martin, Mills, Russell and Smart

 

AGAINST:†††††††† NIL

PUBLIC FORUM Ė NON AGENDA ITEMS

 

Nil

 

Questions of Which Notice Has Been Given

 

Nil

 

Mayor's Notes

 

Nil

 

Mayoral Minutes

 

13††††††††††††††† MM8/12†††††† Palliative Care Petition

(F2004/06066)

RESOLVED ON THE MOTION OF COUNCILLOR Berman, seconded by COUNCILLOR Browne,

 

THAT Council receive and note Dr McMasterís request to promote her palliative care petition.

 

FOR: †††††††††††††† Councillors Berman, Browne, Chopra, Evans, Hutchence, Martin, Mills, Russell and Smart

 

AGAINST:†††††††† NIL

 

Notices of Motion

 

Nil

MATTER OF URGENCY

 

RESOLVED ON THE MOTION OF COUNCILLOR HUTCHENCE, seconded by COUNCILLOR BROWNE,

 

THAT Councillor Hutchence be permitted to raise a Matter of Urgency regarding Development Application No. DA/1305/2011 For Demolition of Existing Dwellings and Construction of an Affordable Housing Development Comprising of 46 Dwellings at Nos 7, 9 and 11 Hannah Street and 129-131 Copeland Road, Beecroft.

 

FOR: †††††††††††††† Councillors Berman, Browne, Chopra, Evans, Hutchence, Martin, Mills, Russell and Smart

 

AGAINST:†††††††† NIL

 

14††††††††††††††† MOU1/12†††† Development Application No. DA/1305/2011 For Demolition of Existing Dwellings and Construction of an Affordable Housing Development Comprising of 46 Dwellings At Nos 7, 9 and 11 Hannah Street and 129-131 Copeland Road, Beecroft.

†(DA1305/2011 )

Mr Peter Hewitt, on behalf of the Beecroft Cheltenham Civic Trust, addressed Council regarding this item.

 

RESOLVED ON THE MOTION OF COUNCILLOR Hutchence, seconded by COUNCILLOR Browne,

 

THAT Council:

 

1.††††† Seek legal advice as to whether there are any grounds for appeal against the approval by the Sydney West Region Joint Regional Planning Panel of Development Application No. DA/1305/2011 for demolition of existing dwellings and construction of an Affordable Housing development comprising 46 dwellings at Nos. 7, 9 and 11 Hannah Street and 129-131 Copeland Road, Beecroft.

 

2.††††† Write to the Minister for Planning and Infrastructure and local State Members reiterating its concerns that State Environmental Planning Policy (Affordable Rental Housing) 2009 continues to over-ride Council's planning controls and results in developments like the one at Nos. 7, 9 and 11 Hannah Street and 129-131 Copeland Road, Beecroft that provide for increased residential densities that are inconsistent with Councilís adopted Housing Strategy with consequential impacts on the amenity of established low density residential areas.

 

FOR: †††††††††††††† Councillors Berman, Browne, Chopra, Evans, Hutchence, Martin, Mills, Russell and Smart

 

AGAINST:†††††††† NIL

 

QUESTIONS WITHOUT NOTICE

 

Nil

 

THE MEETING terminated at 8.35pm .

 

 

 

These Minutes were confirmed at the meeting held on Wednesday, 17 October, 2012, at which meeting the signature hereunder was subscribed.

 

 

 

CONFIRMED†††††††† †††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† CHAIRMAN