Attachments of Ordinary Council Meeting

Hornsby Shire Council

Attachment to Report No. CC82/08 Page 50

HORNSBY MALL STRATEGIC MANAGEMENT PLAN

KEY ACTIONS QUARTERLY UPDATE REPORT

AS AT 31 AUGUST 2008

Notes:

1. Initial 12 month operational plan items shown in bold and italics

2. 12 month operation plan (adopted by Council at the 12 December 2007 Ordinary Meeting) items shown in normal font

3. Shaded rows indicate completed key actions

STRATEGY ONE: LEADING HORNSBY MALL INTO THE FUTURE

Action No.	Action Description	Original Timeframe	Action to date	Financial Implications
1.1 (Priority One)	Establish Hornsby Mall Leadership Group	Medium term (6 months to 2 years)	Council resolved in August 2006 (see Report CC 59/06) to act as interim Leadership Group.	No financial implications identified to date.
*1.2*	*Establish Hornsby Mall Leadership Group Taskgroups*	*Medium term* *(6 months to 2 years)*	*Strategy 4 taskgroup - A Beautiful Hornsby Mall – actions are dependent on funding opportunities identified in Council’s 2007-2011 Section 94 Plan.* *Formalisation of taskgroup will be dependant on contributions received under the above Plan and investigation of other possible funding sources.*	*No financial implications identified to date.*
1.4 (Priority Two)	Develop a financial management plan for sustainable funding solutions	Medium term (6 months to 2 years)	Plan to be developed for respective key Actions following the establishment of the four taskgroups. At this point in time only three taskgroups have been established.	No financial implications identified to date.

STRATEGY TWO: A VIBRANT HORNSBY MALL

Action No.	Action Description	Original Timeframe	Action to date	Financial Implications
*2.1* *(Priority* *Four)*	*Image campaign*	*Short term* *(0 to 6 months)*	Delay in progression due to resourcing issues associated with the completion of the Market survey. Now anticipated for completion during the second half of 2008. Image campaign to be implemented following the completion of the market survey.	*No financial implications identified to date.*
*2.3*	*Events & entertainment program*	*Short term* *(0 to 6 months)*	At the June 2008 Taskgroup meeting a twelve month entertainment plan to operate from September 2008 involving weekly, fortnightly, monthly activities was adopted. Activities will also be planned to celebrate annual seasonal/ community wide recognised events.	*No financial implications identified to date.*
2.4	Small business joint marketing venture	Medium term (6 months to 2 years)	At the June 2008 Taskgroup meeting a suggestion to develop a “Mall Passport” involving retailers and customers was supported. A suitable design for the Mall Passport is currently being developed for further consideration of Taskgroup at the November 2008 meeting.	No financial implications identified to date.

STRATEGY THREE: A SAFE AND CLEAN HORNSBY MALL

Action No.	Action Description	Original Timeframe	Action to date	Financial Implications
*3.1* *(Priority* *three)*	*Hornsby Mall Ambassadors*	*Medium term* *(6 months to 2 years)*	Having regard to difficulties experienced in recruiting the required number of suitable applicants a revised resourcing proposal is currently being developed for the consideration of General Manager in October 2008.	*To be funded by reallocation of funds within existing Hornsby Mall operating budget*
3.4	Monitoring	Medium term (6 months to 2 years)	As the consultant failed to provide the relevant information as agreed at the 30 May 2008 meeting the Community Services Branch Manager has obtained quotes from three other consultants. The three proposals will be submitted to the November 2008 Ordinary Meeting (see Report CC 96/08) for Council’s consideration and allocation of funding as necessary.	With the fee proposal received from the three consultants higher than the budget allocation a report will be submitted to the November 2008 Ordinary meeting seeking additional funding.
*3.5*	*Youth Initiative*	*Short term* *(0 to 6 months)*	*Two members of Youth Committee appointed as youth representatives and will now attend monthly Safety Group Meetings from June 2008 to assist in the development of suitable youth initiatives.*	*No financial implications identified to date.*
3.6	Education Programs	Medium term (6 months to 2 years)	At the June Hornsby Mall Safety Group meeting it was agreed that Council officers would meet with the president of the Hornsby and District Chamber of Commerce and Industry at a convenient time to identify strategies that would encourage greater participation and awareness of the “Biz Safe” program. A meeting held in November 2008 to identify a number of strategies for implementation in 2008/09.	No financial implications identified to date.

STRATEGY FOUR: A BEAUTIFUL HORNSBY MALL

Action No.	Action Description	Original Timeframe	Action to date	Financial Implications
4.1	Beautification of entrances	Medium term (6 months to 2 years)	Provision made in Section 94 Contributions Plan 2007-2011 for funding. Will progress when funding is received.	No financial implications identified to date.
4.2	Improved signage	Medium term (6 months to 2 years)	No action implemented at this point in time.	No financial implications identified to date.
*4.3*	*Landscaping*	*Short term* *(0 to 6 months)*	*Action to commence following establishment of Strategy Four taskgroup.* *Provision made in Section 94 Contributions Plan 2007-2011.*	*No financial implications identified to date.*
*4.4*	*Public Seating*	*Short term* *(0 to 6 months)*	*Action to commence following establishment of Strategy Four taskgroup.* *Provision made in Section 94 Contributions Plan 2007-2011.*	*No financial implications identified to date.*
4.5	Community Art	Medium term (6 months to 2 years)	With Council adopting the 2008-2010 Cultural Plan for Hornsby Shire at the August 2008 Ordinary Meeting action has now commenced to develop a Public Art Policy that will incorporate Hornsby Mall. Matter to be held in abeyance until adoption of Public Art Policy anticipated for completion late 2008.	No financial implications identified to date.

STRATEGY FIVE : DOING THE BUSINESS IN HORNSBY MALL

Action No.	Action Description	Original Timeframe	Action to date	Financial Implications
5.1	Sustainable business practices	Medium term (6 months to 2 years)	Currently being implemented in line with the framework associated with Council’s Sustainable Business Strategy 2007-2010 and Economic Development Strategy 2007-2011.	No financial implications identified to date.
5.2	Shop front improvements	Medium term (6 months to 2 years)	Pilot program implemented over Christmas 2007 to encourage shop front improvements in partnership with Hornsby & District Chamber of Commerce and Industry Inc.	No financial implications identified to date.
5.3	Business Development Program	Medium term (6 months to 2 years)	Funding allocated within 2008/09 Budget. To be implemented through integrated interdivisional workplans.	No financial implications identified to date.
5.4	Targeted tenancy strategy	Medium term (6 months to 2 years)	Business profiling undertaken in partnership with Hornsby & District Chamber of Commerce and Industry Inc.	No financial implications identified to date.
5.5	Inward investment	Long term (2 years to 5 years)	Currently being implemented in line with the framework associated with Council’s Economic Development Strategy 2007-2011.	No financial implications identified to date.
5.6	Local loyalty program	Medium term (6 months to 2 years)	No action implemented in respect of this action at this point in time.	No financial implications identified to date.
5.7	Integrating Hornsby Town Centre	Long term (2 to 5 years)	Funding allocated within 2008/09 Budget. Interdivisional workplans to be developed that will address this action in line with Council’s Economic Development Strategy 2007-2011.	No financial implications identified to date.

STRATEGY SIX: A HORNSBY MALL THAT FUNCTIONS WELL

Action No.	Action Description	Original Timeframe	Action to date	Financial Implications
*6.1* *(Priority* *Six)*	*Leasing of Public space*	*Short term* *(0 to 6 months)*	*Review of the Hornsby Mall Code progressing in line with expectations. Completion expected in second half of 2008.*	*No financial implications identified to date.*
*6.2* *(Priority* *Six)*	*Licences for public space*	*Short term* *(0 to 6 months)*	*Review of the Hornsby Mall Code progressing in line with expectations. Completion expected in second half of 2008.*	*No financial implications identified to date.*
6.3	Vehicle Access	Medium term (6 months to 2 years)	To be considered as part of the review of the Hornsby Mall Code currently being undertaken under 6.1 and 6.2 above.	No financial implications identified to date.
*6.4*	*Outdoor Dining Code*	*Short term* *(0 to 6 months)*	*Council at the 12 August 2008 Ordinary meeting adopt the revised Hornsby Mall Outdoor Seating Code.*	*No financial implications identified to date.*
6.5 (*Priority* *Six)*	Permanent Markets	Medium term (6 months to 2 years)	To be considered as part of the review of the Hornsby Mall Code presently being undertaken under 6.1 and 6.2 above.	No financial implications identified to date.

Hornsby Shire Council

Attachment to Report No. CC93/08 Page 63

Schedule of Documents Not to be Released

Name: Mr Rost

File Reference: DA 0899/2001					Application No: 3494 – F2008/000010
#	Date of document	Type	From	To	Details	Code
1	16.05.2001	List	Council	File	List of names	BA

BA – The disclosure of this matter would constitute an offence against an Act or found an action for breach of confidence. (Policy3.g)

It is considered that the release of certain information constitutes an offence under the Privacy and Personal Information Protection Act and/or the Health Records Information Protection Act.

Name: Mr Rajasingam

File Reference: DA 1367/1998					Application No: 3662 – F2008/000010
#	Date of document	Type	From	To	Details	Code
1	24.11.1998	List	Council	File	List of names and addresses	BA

BA – The disclosure of this matter would constitute an offence against an Act or found an action for breach of confidence. (Policy 3.g)

It is considered that the release of certain information constitutes an offence under the Privacy and Personal Information Protection Act and/or the Health Records Information Protection Act.

Name: Mr Song

File Reference: DA 385/1992					Application No: 3667 – F2008/000010
#	Date of document	Type	From	To	Details	Code
1	15.07.1992	Report	Council	File	List of names and addresses	BA

BA – The disclosure of this matter would constitute an offence against an Act or found an action for breach of confidence. (Policy 3.g)

It is considered that the release of certain information constitutes an offence under the Privacy and Personal Information Protection Act and/or the Health Records Information Protection Act.

Name: Mr Guy

File Reference: DA 530/1993					Application No: 3670 – F2008/00010
#	Date of document	Type	From	To	Details	Code
1	03.08.1993	Plan	Applicant	Council	Residential Floor Plan	RP
2	02.09.1993	List	Council	File	List of names and addresses	BA
File Reference: BA 1670/1993					Application No: 3670 – F2008/00010
#	Date of document	Type	From	To	Details	Code
3	03.08.1993	Plan	Applicant	Council	Residential Floor Plan	RP

BA – The disclosure of this matter would constitute an offence against an Act or found an action for breach of confidence. (Policy3.gIt is considered that the release of certain information constitutes an offence under the Privacy and Personal Information Protection Act and/or the Health Records Information Protection Act.

RP – plans contained in building and development applications for any residential parts of a proposed building, other than plans that show the height and external configurations of the building in relation to the site on which it is proposed to be erected. (Policy 3.h).

Name: Mrs Hill

File Reference: PP 001402					Application No: 3672 – F2008/00010
#	Date of document	Type	From	To	Details	Code
1	Feb 1989	Plans	Applicant	Council	Floor Plans	RP
2	15.07.1998	Letter	Michell Sillar Attorneys	Council	Legal Advice	PR
3	01.09.1998	File Note	Council	File	Personal Information	BA
4	30.06.2001	Letter	Council	Applicant	Animal Registration details	BA
5	30.07.2001	Letter	Council	Applicant	Animal Registration details	BA
6	17.12.2002	Letter	Council	Applicant	Animal Registration details	BA
7	13.11.1985	Report	Council	File	Personal Information	BA
8	13.10.1987	Memo	Council	File	Personal Information	BA
9	20.10.1987	Memo	Council	File	Personal Information	BA
10	27.11.1991	Letter	Council	Applicant	Animal Registration details	BA
11	15.11.1991	Letter	Council	Applicant	Animal Registration details	BA
12	31.10.1991	Letter	Applicant	Council	Animal Registration details	BA
13	29.01.1982	Memo	Council	File	Animal Registration details	BA

BA – The disclosure of this matter would constitute an offence against an Act or found an action for breach of confidence. (Policy 3.g)

It is considered that the release of certain information constitutes an offence under the Privacy and Personal Information Protection Act and/or the Health Records Information Protection Act.

PR – Contents of the document are not released on the grounds of legal professional privilege. (Policy 3.k)

Name: Mrs D’Souza

File Reference: DA 899/2003					Application No: 3674 – F2008/000010
#	Date of document	Type	From	To	Details	Code
1	22.05.2003	Report	Council	File	List of names and addresses	BA

BA – The disclosure of this matter would constitute an offence against an Act or found an action for breach of confidence. (Policy 3.g)

It is considered that the release of certain information constitutes an offence under the Privacy and Personal Information Protection Act and/or the Health Records Information Protection Act.

Name: Mrs Leaves

File Reference: DA 567/1993					Application No: 3683 – F2008/00010
#	Date of document	Type	From	To	Details	Code
1	24.08.1993	Plan	Applicant	Council	Residential Floor Plan	RP
2	31.08.1993	List	Council	File	List of names and addresses	BA

Name: Mr Durban

File Reference: PP 003036					Application No: 3695 F2008/00010
#	Date of document	Type	From	To	Details	Code
1	19.01.1999	Letter	McKees Legal solutions	Council	Legal Information	PR
2	19.01.1999	Letter	McKees Legal solutions	Council	Legal Information	PR
3	08.02.1999	File Note	Compliance Officer	Council	Legal Information	PR
4	09.02.1999	Letter	McKees Legal solutions	Council	Legal Information	PR

Information Protection Act.

PR – Contents of the document are not released on the grounds of legal professional privilege. (Policy 3.k)

Name: Ms Awberry

File Reference: D00026096					Application No: 3742 – F2008/00010
#	Date of document	Type	From	To	Details	Code
1	18.07.2004	Letter	Resident	Council	Personal Information	BA

BA – The disclosure of this matter would constitute an offence against an Act or found an action for breach of confidence. (Policy3.g)

It is considered that the release of certain information constitutes an offence under the Privacy and Personal Information Protection Act and/or the Health Records

Name: Mr Christopher & Mrs Thangasamy

File Reference: DA 326/2003					Application No: 3790 – F2008/00010
#	Date of document	Type	From	To	Details	Code
1	November 2002	Plan	Applicant	Council	Internal Floor Plans	RP
2	November 2002	Plan	Applicant	Council	Internal Floor Plans	RP
3	November 2002	Plan	Applicant	Council	Internal Floor Plans	RP

Name: Mr Stitt

File Reference: DA/342/1998					Application No: 3812 – F2008/00010
#	Date of document	Type	From	To	Details	Code
1	08.07.1998	List	Council	File	Names and addresses	BA
2	09.07.1998	List	Council	File	Names and addresses	BA
3	18.08.1998	List	Council	File	Names and addresses	BA
4	21.08.1998	List	Council	File	Names and addresses	BA
5	03.09.1998	List	Council	File	Names and addresses	BA
6	02.06.1999	List	Council	File	Names and addresses	BA
7	20.10.1999	List	Council	File	Names and addresses	BA
8	13.07.2004	List	Council	File	Names and addresses	BA
9	30.07.2004	List	Council	File	Names and addresses	BA
10	19.10.2005	List	Council	File	Names and addresses	BA
11	10.05.2000	Memo	Council	File	Legal Advice	PR
12	15.05.2000	Memo	Council	File	Legal Advice	PR
13	23.05.2000	Memo	Council	File	Legal Advice	PR
14	01.06.2000	Memo	Council	File	Legal Advice	PR
15	21.06.2000	Memo	Council	File	Legal Advice	PR
16	20.09.2000	Memo	Council	File	Legal Advice	PR

BA – The disclosure of this matter would constitute an offence against an Act or found an action for breach of confidence. (Policy 3.g)

It is considered that the release of certain information constitutes an offence under the Privacy and Personal Information Protection Act and/or the Health Records Information Protection Act.

PR – Contents of the document are not released on the grounds of legal professional privilege. (Policy 3.k)

Name: Mr Moretti

File Reference: DA 2542/2000 Part 1						Application No: 3852 – F2008/00010
#		Date of document	Type	From	To	Details	Code
1		18.01.2001	List	Council	File	List of names	BA
File Reference: DA 2542/2000 Part 2						Application No: 3852 – F2008/00010
#	Date of document		Type	From	To	Details	Code
2	28.02.2001		Form	Council	Walter Constructions	Business Information	CP
File Reference: DA 2542/2000 Part 3						Application No: 3852 – F2008/00010
#		Date of document	Type	From	To	Details	Code
3		27.03.2002	List	Council	File	List of names	BA

BA – The disclosure of this matter would constitute an offence against an Act or found an action for breach of confidence. (Policy3.g)

It is considered that the release of certain information constitutes an offence under the Privacy and Personal Information Protection Act and/or the Health Records

CP – Commercial information of a confidential nature which would, if disclosed, be likely to prejudice the commercial position of the person who suppled it; confer a commercial advantage on a competitor of the Council, or to reveal a trade secret. (Policy 3.i)

REASONS FOR EXEMPTION FROM RELEASE

YD – Not Yet Determined. Please note that access regarding this document has not yet been determined.

PS – This document deals with the personnel matters concerning particular individuals (Policy 3.b). In this instance the contents of the document have been released and reference to the personnel information has been deleted. The information is purely personnel information.

PH – This document deals with the personal hardship of a resident or ratepayer. (Policy 3.c)

TS – The document contains information dealing with Trade Secrets. (Policy 3.d)

PL – The information would, if disclosed, prejudice the maintenance of law. (Policy 3.e)

SC – The information contains matters affecting the security of the Council, Councillors, Council staff or Council property. (Policy 3.f)

BA – The disclosure of this matter would constitute an offence against an Act or found an action for breach of confidence. (Policy3.g) It is considered that the release of certain information constitutes an offence under the Privacy and Personal Information Protection Act and/or the Health Records Information Protection Act.

CA – Information which would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business. (Policy 3.j)

PR – Contents of the document are not released on the grounds of legal professional privilege. (Policy 3.k)

PI (n,a) – Policy 4 (a) – Where access to the document would be contrary to the public interest. The author specifically requested that the name and address details not be released and following discussions with the author, it was considered that on balance, access to these details would be contrary to the public interest.

Note: A request that a document remain in confidence does not necessarily mean that the document will be exempt from release, however if information which the author has specifically requested remain confidential was released, it may prejudice the ability of Council to obtain such information in the future. On balance, it was in the public interest to release the nature of the complaint, whilst deleting all references to the identity of the complainant.

PI (fn) – Policy 4(b) – Where access to the document would be contrary to the public interest. The documents provide commercial information. Should this information be released it may jeopardise Council’s position in any future negotiations. On balance access to these documents would be contrary to the public interest.

PI(cc) – Policy 4(b)– Where access to the document would be contrary to the public interest. The information provided to Council contains commercial information provided to Council in confidence. Should this information be released it may jeopardise Council’s ability to obtain such information in the future. On balance access to these documents would be contrary to the public interest.

PI(pf) – Policy 4(a) – Where access to the document would be contrary to the public interest. The information provided to Council contains private financial information with specific account details. The information is purely personal information, and as such the public interest would not be served by its release. On balance access to these documents would be contrary to the public interest.

PI(ic) – Policy 4(c) - Where access to the document would be contrary to the public interest. On balance access to these documents would be contrary to the public interest. It is considered that release of the information could jeopardise Council’s position in relation to the negotiation of any insurance claim. Indeed, releasing the information may jeopardise Council’s coverage position with its insurance broker.

PI(td) – Policy 4(d) - Tenders and expressions of interest lodged with Council and evaluation documents, except name and amount of the successful tenderer and the names of all other tenderers.

(PS) – Policy 4(e) – The name and address of property owners and property sales information except where; the property owner is the person requesting the information; an adjoining owner is requesting the information for fencing or other purposes allowed by statute; the information is contained on a public register which Council is required to maintain and make available for inspection in accordance with the Privacy & Personal Information Protection Act; the information is given out in the course of processing an application before Council; the information is required by another government agency to carry out a legitimate function of that agency; the information is obtained by inspecting a Council document under this policy.

PI(cr) – Policy 4(f) – Access to documents the release of which, in the opinion of Council’s Public Officer would, on balance, be contrary to the public interest or would cause an unreasonable diversion of Council resources.

General Manager (GM) - Some applications are dealt with directly by the General Manager. In these instances the applications are registered under Council's Document Access Policy and responded to personally by the General Manager.

Hornsby Shire Council

Attachment to Report No. CC95/08 Page 72

GENERAL MANAGER’S DIVISION

Item

Report

Outstanding Resolutions

Latest Status

Comment

GM17/07 – ALLEGATION OF BREACH OF COUNCIL’S CODE OF CONDUCT

FILE REF: F2004/07038

1. General Manager's Report No. GM17/07 be

received and noted.

2. The confidentiality in respect of Report No. GM17/07 be removed and the Report be made publicly available.

3. Councillor Isaac accept counselling from the General Manager concerning the rules and regulations associated with Council's Code of Conduct and the Code of Meeting Practice.

GM Letter dated 28 November 2007 (Document No. D00749507) to Cr Isaac informing him of the Council resolution and requesting a mutually agreed date for counselling.

Letter from Cr Isaac dated 3 December 2007 (Doc No. D00753407) advising that he had contacted Ombudsman and will not respond until Ombudsman has investigated his submission.

Letter dated 5 February 2008 (document No. D00849151) forwarded to Cr Isaac asking whether he has received a response from the Ombudsman.

Email from Cr Isaac dated 16 February 2008 (Document No. D00856323) – subsequently recalled.

Letter dated 30 April 2008 requesting advice as to whether Cr Isaac has received any response from the Ombudsman.

Further reminder letter dated 15 May 2008 requesting response

Awaiting further advice from Cr Isaac in response to letter dated 5 February 2008.

No response received as at 27 May, 2008.

Outstanding resolution reconsidered by Council on 13 August 2008 following Question of Which Notice Has Been Given – See Item 2 below

MOU 05/08

ORD MTG 13/08/2008

ALLEGATION OF BREACH OF COUNCIL’S CODE OF CONDUCT

FILE REF:F2004/07038-01

1. A further invitation be extended to Councillor Isaac requiring him to conform to the resolution of Council of 14 November 2007, by 31 August 2008. Such invitation should now include advice of the requirement of Section 440(5) of the Local Government Act for Councillors to comply with the provisions of Council’s adopted Code of Conduct and that a failure to comply with an applicable requirement of a Code of Conduct can be “misbehaviour” as defined in Section 440F of the Local Government Act. Formal censure of a Councillor for misbehaviour may, if repeated over a period, lead to suspension from civic office.

2. If not resolved by 31 August 2008, a Conduct Review Committee be requested to investigate both the alleged breach of the Code of Conduct and Councillor Isaac’s apparent refusal to comply with a resolution of Council

GM Letter dated 18 August 2008 to Cr Isaac, noting answers which were submitted to a Question of Which Notice Has Been Given in relation to the implementation of resolution dated 14 November 2007 and a request for a suitable time prior to 31 August 2008, when counselling could be undertaken.

In response, Cr Isaac attended the General Manager’s office on 1 September 2008. Cr Isaac assured the General Manager that he had read and understood both the Code of Conduct and the Code of Meeting Practice, and that he would obey the law.

This matter is the subject of General Manager’s Report No. GM11/08 to the 12 November 2008 Ordinary Meeting of Council.

CORPORATE & COMMUNITY DIVISION

Item

Report

Outstanding Resolutions

Latest Status

Comment

CC49/02

ORDINARY MEETING

12/06/2002

WIDEVIEW PUBLIC SCHOOL MULTIPURPOSE HALL AGREEMENT

THAT

1. Subject to the given parties drawing up a new Agreement that maintains the integrity of the original Agreement clauses, Council dissolve the Agreement relating to Wideview Public School Hall between the Minister for Education, Training and Youth Affairs, Wideview Public School P&C Association and the Council of Hornsby dated 29 September, 1994.

2. The General Manager be delegated authority to negotiate and finalise a new Agreement with the given parties which maintains the integrity of the original Agreement clauses.

3. The General Manager be delegated authority to investigate the like Agreement with Thornleigh West Public School and negotiate a new Agreement protecting Council's interests.

4. The General Manager investigate the like Agreement with Cherrybrook Technology High School and provide a further report to Council.

1. Council officers have met with the Principal of Wideview Public School and redrafted the agreement to reflect current concerns. The draft agreement is being considered by relevant staff in the Department of Education such that the issue can be finalised.

2. Pending the resolution of Item 1.

3. Pending the resolution of Item 1.

4. Pending the resolution of Item 1.

The document has been redrafted to reflect the current user situation. The Wideview Agreement will form the basis of the agreements with Thornleigh West Public School and Cherrybrook Technology High School.

CC61/07

ORDINARY MEETING

13/06/2007

PROPOSALS FOR A COMMUNITY HALL IN BROOKLYN – FEEDBACK FROM COMMUNITY CONSULTATION

THAT

1. Council proceed with an upgrade of 2-4 Dangar Road, Brooklyn, and that a report be prepared for the August 2007 Ordinary Council Meeting updating the cost estimate of $122,500 prepared in 2005 together with an option to fund this within the 2007/08 Budget.

2. Council support further investigations into the provision of a community facility at Salt Pan Reserve, including funding options, and that a report be presented not later than the September 2007 Ordinary Meeting.

3. It be a proviso that the services offered by the Hornsby and Kuring-gai Hospital and Community Health Services (HKH) and the small community meeting space at the Community Health Centre 2-4 Dangar Road remain in this location as they provide the most central location for these services.

4. The status quo be maintained in respect of the Guide Hall in Baden Powell Avenue.

5. The status quo be maintained in respect of Brooklyn Park - Pavilion in the Park.

6. Council reject the offer to upgrade and utilise the Brooklyn Masonic Hall.

7. Council continue to lease Nos. 8 and 10 Dangar Road in accordance with relevant Council policies.

1. Report prepared and considered by Council (See Report CC78/07). Architectural drawings have been produced in consultation with the community in order progress the project to DA stage.

2. Issue is subject to discussion with the Community, Cultural and Recreation Facilities Task Force.

3. Noted

4. Noted

5. Noted

6. Noted and owner advised.

7. Noted

Until July 2008, Council had two contrary resolutions pertaining to the future use of Salt Pan Reserve.

In July 2008, Council considered Report No. PLN145/08 and resolved in part that

2. No further action be taken in respect of investigations for the establishment of secure parking at Saltpan Reserve in association with commuter berthing at nearby commercial marinas.

Given that resolution, Salt Plan Reserve is still available for opportunities associated with the provision of a community facility. The issue will be placed on the agenda of the Community, Cultural and Recreation Facilities Task Force for consideration prior to a further report to Council.

CC78/07

ORDINARY MEETING 8/08/2007

UPGRADE OF 2-4 DANGAR ROAD, BROOKLYN

THAT

1. Council receive and note the contents of Executive Manager's Report No CC78/07.

2. The General Manager be delegated authority to enter into an agreement to lease and then to finalise the lease with HKH in respect of the front part of the building at 2 - 4 Dangar Road, Brooklyn having regard to the conditions of lease detailed in Report No CC78/07.

3. Subject to 2. above, Council proceed with the upgrade of the building at 2 - 4 Dangar Road, Brooklyn to provide a community meeting space, with the cost of such upgrade to be funded in accordance with the preferred option outlined in Report No CC78/07.

4. Once the lease with HKH is finalised and the upgrade of 2-4 Dangar Road, Brooklyn is complete:

a) a further report be presented to Council regarding hiring fees for casual and regular users of the meeting space at the back of the building

b) the management of the meeting space at the back of the building

be undertaken by Council's Community Services Branch.

1. Noted

2. Completed.

3. Development application currently being prepared.

4. Meetings are being held with community representatives to inform the content of the report to Council on the proposed management of the meeting space and the proposed hire arrangements.

A lease agreement has been finalised with Northern Sydney Central Coast Area Health Service and a development application for the extension is currently being drafted.

Work is continuing with the Brooklyn community to form a committee of management and to discuss the fee setting process for hire of the hall. A Report will be provided to Council following the receipt of input from the community on the above issues.

CC06/08

ORDINARY MEETING 13/02/2008

STATUS REPORT CCTV PROPOSAL FOR HORNSBY MALL

THAT:

1. The contents of Executive Manager's Report CC06/08 be received and noted.

2. Council proceed with the development of a Community Safety Plan and allocate appropriate funding in the March 2008 Quarter Budget Review or in the preparation of the 2008/09 Budget.

3. When details of the proposed funding sponsorship proposal in respect of the supply of CCTV equipment for use in the Hornsby Mall are received, they be referred to the relevant Divisions for consideration of technical and other requirements.

4. A further report be prepared for Council's consideration when additional information in respect of either 2. and 3. above has been received and assessed.

Noted

Funding of $10,000 allocated in March 2008 quarterly review. Discussions progressed with proposed consultant.

No proposal received to date.

Awaiting action in respect of 2. and 3.

Due to the failure of the originally chosen consultants to provide required information, the Manager, Community Services has obtained quotes from three other consultants to complete a Community Safety Plan. The three proposals will be submitted to the November 2008 Ordinary Meeting for Council’s consideration and allocation of funding as necessary.

Information concerning CCTV funding sponsorship which was expected to be provided to Council in mid 2007 has still not been received. Advice was provided at the October 2008 meeting of the Hornsby Mall Safety Group that a response from the potential sponsors should be tabled at the November 2008 meeting of the Group.

ENVIRONMENT DIVISION

Item

Report

Outstanding Resolutions

Latest Status

Comment

EN33/07 – Ordinary Meeting 8^th August 2007 – COUNCIL IN A CARBON CONSTRAINED FUTURE

THAT Council:

5. Request a report setting out how carbon neutrality could be achieved, including an assessment of its impacts, a list of actions, costs, financing options and timeframes.

November 2008

Item 5 currently being prepared. Report will be presented to Council early in 2009.

PLN163/07 Committee of the Whole 4^th July 2007 – OPEN SPACE LAND ACQUISITION

THAT

4. An acquisition program (including identification of priorities for acquisition) and a financial strategy be prepared to meet Council’s costs for acquisition of the sites identified for retention of the open space zoning.

May 2008

Acquisition program will be completed after Housing Strategy adopted by Council.

Acquisition strategy dependent on final Housing Strategy.

EN04/08 – Ordinary Meeting on 13 February 2008 - RENAMING OF WAITARA OVAL

THAT consideration of this matter be deferred to allow the Mayor the opportunity to contact and discuss the issue directly with Mark Taylor and that his views be reported to Council as soon as possible.

May 2008

Mayor advises that he will approach Mark Taylor to determine current situation.

10.

EN13/08 – Ordinary Meeting on 9 April 2008 – OFFSETS POLICY – DEVELOPMENTS DEALING WITH BUSHLAND

THAT:

1. Council adopt the Offsets Policy to be trialled for 12 months starting from the date of the first Offsets agreement.

2. A further report be presented to Council after the 12 month trial period.

November 2008

Currently being trialled. Report due March 2009.

STRATEGY DIVISION

Item

Report

Outstanding Resolutions

Latest Status

Comment

11.

ST13/06

ORD MTG 13/12/06

REQUEST FOR COUNCIL TO ACQUIRE CERTAIN LANDS IN MALTON ROAD, BEECROFT ZONED OPEN SPACE, PURSUANT TO CLAUSE 17(5) OF HORNSBY SHIRE LOCAL ENVIRONMENTAL PLAN 1994

Date: OM 13/12/06

(a) Council commence negotiations to compulsorily acquire the subject lands described within this report for open space purposes;

(b) Council authorise the making of an application, to the Minister/Governor, for compulsory acquisition of the subject lands described in this report for open space purposes; and

(c) In the event that the acquisitions can be completed by agreement, without the need for the compulsory process, the General Manager be authorised to negotiate and conclude the purchase of the subject lands to the maximum commercial offer as stated in this report with contractual conditions consistent with the intent of this report.

Applications for the Governor’s/Minister's approval(s) to compulsorily acquire Nos 35A and 35C have been forwarded to the Department of Local Government (DoLG). The owners of Nos. 43 and 49A Malton Road have also requested that Council proceed to compulsorily acquire their lands and applications for the Governor's/Minister's approval(s) have been forwarded to DoLG.

Latest advice from DoLG was that cases would be referred to the Minister's office for approvals in mid May 2008.

Governor’s approval granted and Notices of Proposed Acquisition published in Government Gazette of 3 October 2008. Awaiting Valuer General’s recommended acquisition values which are expected in early November 2008.

Awaiting valuations from Valuer General – expected early November 2008

12.

ST18/07

ORD MTG 14/11/07

REVIEW OF POLICIES & CODES - STRATEGY DIVISION

Date: OM 14/11/07

1. The contents of Executive Manager's Report No. ST18/07 be received and noted.

2. The amendments proposed to the Equal Employment Opportunity policy in the relevant attachment to this report be adopted.

3. Other minor amendments to policies in the attachments to this report be adopted.

4. Further reports be submitted in early 2008 with respect to Council's policies on Competitive Provision of Services and Security of Employment, Leave - Concessional, Organisation Development, Environmental Management System, Industrial Agreement Severance Payment and Smoke Free Environment.

Draft revisions to policies continue as work-in-progress for Environmental Management System and Smoke Free Environment. Reviews of other policies are to be initiated following completion of the HR Strategy about mid 2008.

Smoke Free Environment Determination to ExCo 27/10/08 with report to Council’s Ordinary Meeting December 2008.

Other HR Policies and Determinations to be reviewed by October/November 2009. Further report to Council at that time.

Updated EMS Policy to Council on finalisation of Compliance Plan documentation structure (expected Ordinary Meeting March 2009). The Hornsby Aquatic Centre Operations Manual requires completion prior to the EMS Policy’s finalisation.

Further report to Council 10/12/08 on employee smoke free environment determination.

Further report to council on other HR Policies and Determinations late 2009.

HAC Operations Manual currently under development – expected completion 3^rd quarter 2008/09. Further report to Council on updated EMS Policy expected March 2009.

WORKS DIVISION

Item

Report

Outstanding Resolutions

Latest Status

Comment

13.

WK59/05 12/10/05

HORNSBY INTEGRATED LAND USE AND TRANSPORT STRATEGY (ILUTS)

(L Nagy)

THAT

2. The report be placed on public exhibition for at least four months up to February 2006.

3. A further report be referred to Council following the collation of submissions from the public exhibition.

Briefing Paper complete

Raised informally with Council at Briefing on 21 October 2008. It is proposed that the ILUTS be referred to Council for consideration in conjunction with its consideration of parking generally. Awaiting confirmation from Council of suitable date for meeting.

14.

WK14/08 12/03/08

PROPOSED EXTENSION OF HIGH STREET BEROWRA INTO CROWN RESERVE R33756 (BEROWRA PARK) AND SALE OF PART OF THE RESERVE

(P Thompson)

THAT

1. Council revoke the recommendation attached to report WK16/2002 and substitute this recommendation in lieu.

2. Council agree to the sale of the subject land described within this report and shown on the site plan attached to this report in accordance with the Terms of Agreement contained within this report for the amount of consideration contained within the confidential attachment.

3. Council seek to apply the net proceeds of the sale to the reserve trust R33756 for the general purposes of that trust.

4. The General Manager be provided with delegated authority to negotiate detailed terms of the agreement consistent with this report.

5. The General Manager be authorised to execute any documents in relation to this matter deemed appropriate by Council's legal advisors.

Matter in abeyance pending further negotiations with owner.

15.

WK15/08 09/04/08

SINGLETON ROAD WISEMAN’S FERRY – LAND ACQUISITION FOR ROAD SUPPORT

(M Nobilo)

THAT:

1. Council agree to the acquisition of the subject 37m² of land for road widening purposes for $3,000 plus reasonable legal and survey costs.

2. The subject land be dedicated as road.

3. The General Manager be authorised to execute any documents in relation to this matter deemed appropriate by Council's legal advisors.

Plan is being prepared for submission to the Land Titles Office for registration.

Hornsby Shire Council

Attachment to Report No. CC100/08 Page 119

Corporate performance for the first quarter of 2008/09

Welcome to the September quarter for 2008/09.

Local Government elections were held at the end of the quarter. The Mayor, Councillor Nick Berman, and Councillors McMurdo, Browne and Evans returned for a further term of office. Six newly elected representatives assumed office for the new term of Council until September 2012.

Council’s community donations program provides financial assistance to support community development, and in August council provided just over $64,000 to 55 community groups or organisations based in the Hornsby Shire or groups who provide assistance and support to residents of the shire. Council also supports community groups and organisations by subsidising or foregoing rental of its community centres, halls and other facilities including sportsfields and it is estimated this equated to over $2.5 million in 2007/08.

In this quarter council’s Epping Library was announced as winner of the 2008 Northern District Times True Local Business Awards.

Epping Library was nominated for the award by the general public and gained sufficient votes to be one of the finalists. The Library then completed a questionnaire covering services, teamwork, attracting customers, green footprint, future plans etc. The Library was also visited by a mystery customer to test the level of customer service. The highest combination of scores from votes, questionnaire and mystery customer determined the winner. It is very gratifying to know that the staff’s hard work in providing a customer focussed service is appreciated by the public.

Council continued its commitment to sustainability by joining the “Sustainable Choice” program, an initiative of the Local Government and Shires Association to promote the purchase of products and services that are more sustainable. The program provides support and guidance to councils on products and services that save water or energy, contain recycled content, are non toxic, have greenhouse or biodiversity benefits or advance social objectives. The purpose is to ‘mainstream’ the level of sustainable purchasing by integrating it into everyday purchasing systems.

Last year council undertook a major project to conserve Bar Island’s heritage at a cost of $38,000 with assistance from the Department of Planning. The project included the repair of broken headstones and the construction of a path for visitors. It also involved an archival recording of the site, an Aboriginal site survey and the removal of weeds. In this quarter that work was recognised by being awarded the Keep Australia Beautiful (NSW) 2008 Sustainable Cities Award for Heritage Management by a Metropolitan Council. The award celebrates council’s heritage management across the shire, especially its work to conserve the natural, built and Aboriginal heritage of Bar Island cemetery.

Financial performance for the first quarter of 2008/09

The Net Operating and Capital Result after internal and external funding for the three months to 30 September 2008 was a positive result of $36,521,868 which was $718,291 better than budget. The reason for the large positive figure is the recognition of the total rates and charges as they are levied. Consequently during the year, this income (as opposed to the cash received) remains relatively constant while expenditure increases throughout the year. The positive variance to budget reflects timing differences in the phasing of the budget and accruals not reflected in the actuals.

All Divisions reviewed their full year budgets in September and this has resulted in requests for funding totalling $216,218 for circumstances that have changed since the original budget for 2008/09 was prepared then adopted over six months ago. This would take our revised budget to a deficit of $310,018.

Despite the volatility in the financial markets, Council has not had to lower its investments returns this quarter however the economic situation remains a concern and will be monitored closely.

Every effort is being made to reduce the budget deficit. Potential cost savings are being investigated and any confirmed savings will be brought to account in the December budget review.

ROBERT BALL

GENERAL MANAGER

Strategic Themes – performance indicators

Indicators with a GRI (Global Reporting Initiative) number are part of our suite of sustainability indicators. Over time these indicators will enable us to track our performance against other public agencies.

*Working with our community*	*Target*	*Result*
% of respondents at public meetings satisfied with the level of engagement in matters of discussion - GRI SO5	85% or more	No public meeting surveys were undertaken in the quarter
The number of people supported through the home modification and maintenance service	700 or more people per year	582 people supported this quarter
The number of young people contacted by Youth Services	3,000 per year	750 young people contacted
Donations to community, civil society and cash-in-kind– GRI EC1 · Subsidised and foregone property rental - $541,198 · Sporting ground subsidies = $1,883,068 · Donations to community groups = $64,269 · Pensioner rates write offs = $762,864	Information, no target	Annual Indicator – from 2007/08 Annual Report total donations as per column on left = $3,251,399
The number of people addressing Council at its meetings - GRI SO5	Information indicator, no target	150 people addressed Council in the September 08 quarter
The number of community members participating in council sustainability activities or related education	1,500 people or more per year	Gardens for Wildlife = 52 participants 14 Bushland events = 515 participants 550 plants sent to 21 schools for planting, plus 125 volunteers planted 1,110 plants at 3 sites for National Tree Day
The number of community panels convened and topics researched – GRI PR5 (The Community Consultation Database currently has over 1170 registered participants. Of these, some 750 have an e-mail address registered)	Information indicator, no target	The database was not used for the conduct of on-line, random telephone or postal surveys during the reporting period. It was used to: -remind participants about the local government elections and advise them of their voting rights and obligations. -advise participants about the Hornsby Council 2008 Country and Garden Fair at Galston.
The type of events and attendance at events hosted through the Aboriginal Community Facilitator Project	4 events per year	Reporting will commence in the second quarter of 2008/09

*Conserving our natural environment*	*Target*	*Result*
Percentage of water consumption reduction achieved through council’s initiatives for its own operations (compared to council’s average annual consumption from 1999 to 2002) – GR1 EN10	20% by 2011	This indicator will be reported in 2011
Percentage of water consumption reduction achieved through council’s initiatives for the community (compared to the shire’s average annual consumption from 1999 to 2002) – GR1 EN10	18% by 2011	This indicator will be reported in 2011
Percentage of area of bushland in the active care of council and the community compared to total bushland under council management – GRI EN11	12.2%	Annual Indicator - from 2007/08 Annual Report 10.8% in 2007/08
Percentage of greenhouse gas reduction achieved, compared to 1995/96 levels, through council’s initiatives for its own operations – GRI EN18	30% by 2010	Annual Indicator - from 2007/08 Annual Report 29% reduction on 95/96 levels
Percentage of greenhouse gas reduction achieved, compared to 1995/96 levels, through council’s initiatives for the community – GRI EN18	5% by 2010	Annual Indicator - from 2007/08 Annual Report 4% reduction on 95/96 levels
Percentage of domestic waste material, by weight, collected by council going to landfill – GRI EN22	42% or less	46.8% of waste to landfill this quarter
Tonnes of recycling diverted from landfill – GRI EN22	18,492 tonnes	4,398 tonnes of recycling diverted this quarter
Tonnes of green waste diverted from landfill – GRI EN22	14,340 tonnes	3,484 tonnes of green waste diverted this quarter
Percentage of monitored healthy waterways within the shire - GRI EN25 Council monitors representative creeks across the shire. This target aims for half of the shire’s waterways to be classified as healthy	50%	Annual Indicator – from 2007/08 Annual Report 50% in 2007/08
Number of programs implemented in progression to sustainable corporate governance – GRI EN26	30 programs	Annual Indicator – from 2007/08 Annual Report More than 30 programs

Contributing to community development through sustainable facilities and services

Target

Result

The number of incidents and removal expenditure for vandalism and graffiti compared to same time previous year –* new indicator, target comparisons will be included when sufficient data available

*Less incidents than previous year

Graffiti – 339 incidents costing $19,200 to remove

Vandalism – 61 incidents costing $22,400 to repair

The maintenance expenditure on sealed roads, unsealed roads, footpaths and drains

· Sealed roads = $8,100 per year

· Unsealed roads = $11,500 per year

· Footpaths $2,200 per km per year

· Drainage $3,600 per km per year

Completion within budget

Year to date

· Sealed roads = $1,390

· Unsealed roads = $2,940

· Footpaths = $500

· Drainage = $770

*Fulfilling our community’s vision in planning for the future of the Shire*	*Target*	*Result*
The net area of bushland on private land and agricultural land lost to development – GRI EN13	No net loss of bushland	Annual Indicator – from 2007/08 Annual Report, 3.083 hectares of land lost to development
The percentage of planning projects completed on time and within budget	90%	Annual Indicator – will be reported June 2009
The number of commercial buildings approved in the Hornsby Shire achieving a 4 star rating or better, assessed against the BCA’s green star rating	4 star = best practice 5 star = Australian excellence	Information not available to report this data
The number of community group grant applications assisted – GRI EC1 (During the reporting period six new clients were registered on the Inquiry Database. In total fifty five clients are registered as interested in receiving assistance to secure grant funding for projects.) * A number of clients have indicated an application would be submitted for grants suggested. Outcome to be followed up.	Information indicator	Current status of clients: · Twenty two actions pending* · Twenty six regarded as inactive at present · Six applications submitted have been successful · Three applications submitted – result unknown. · One application submitted – unsuccessful
Number of service requests relating to health and building matters that are received and investigated per year	1,200 per annum	475 matters in the Sept quarter

*Supporting our diverse economy*	*Target*	*Result*
The median processing times for category one and category two development applications	Category One – 60 days Category Two – 40 days	Category One = 25 days Category Two = 54 days
Unemployment rates in Hornsby local area compared to same time previous year (Source: Small area labour markets smoothed series Dept of Employment and Workplace Relations)	Less than same time previous year	June 2007 Hornsby unemployment rate 3% June 2008 Hornsby unemployment rate 2.6%
The amount of Section 94 contributions collected in the year	$1.8 million pa	$460,479 collected year to date
Growth in gross regional product per annum	Information indicator, no target	Annual Indicator – will be reported in June 2009
Percentage of the population that live and work in the shire	27% or more	Annual Indicator – from 2007/08 Annual Report, the 2006 ABS journey-to-work data demonstrates that 50.5% (20,902 workers) both live and work in the shire

*Maintaining sound corporate and financial management*	*Target*	*Result*
The number and time spent on requests for information using Section 12 and FOI – GRI SOC3	Trends over time	Period 26 July to 25 Sept 08 186 applications under Section 12 legislation with 225 hours of processing time 9 applications under FOI legislation with 112 hours of processing time
% of action correspondence completed or acknowledged within target days	90%	2,874 pieces of correspondence received and 85% closed within time
Absenteeism and staff turnover GRI LA7	Less than same time previous year	Absenteeism = 4.66% (8,661 hours) Sept 08 compared to 4.85% (12,509 hours) Sept 07 Staff turnover = 4% Sept 08 (20 people compared to 6.25% Sept 07)
Council’s green procurement – stages of development - GRI PR13	100%	Council joined the “Sustainable Choice” program which promotes the purchase of products and services that are more sustainable. The program provides support and guidance to councils on products and services that save water or energy, contain recycled content, are non toxic, have greenhouse or biodiversity benefits or advance social objectives.
Return on invested funds greater than benchmark Bank Bill Swap Rate (Council’s investment strategy recognises the desire-ability of ethical and socially responsible investments and has invested in such products)	Year to date (July to August) benchmark 8.03%	Total Investments year to date return after fees = 7.51%

Utilisation of Consultants – July to September 2008

The 2008/09 annual budget for consultancies is $1,280,742 which equates to $320,185 per quarter. In the period from July to September council expended $317,009 as payment to consultants covering 36 consultancy projects, which is 1% favourable variance.

The value of individual consultancy payments in the quarter ranged from $330 (Parks and Landscapes) to $37,856 (Hornsby Quarry Geotech Report/EOI). Of the 36 consultancies, 32 were less than $15,000 and 4 were greater than $15,000.

The four consultancy payments greater than $15,000 were:

Branch or Division	Value	Purpose of consultancy
Development Contributions	$23,342	Demographic profiling of the shire
Reception	$30,000	PABX :evaluation of technology inclusions in tender documents
Works	$37,856	Hornsby Quarry Geotechnical Report/EOI
Property Development	$18,000	Geographic Information Systems

Notes

“A consultant generally provides expert analysis and advice which facilitates decision making, performs specific one-off or set of tasks and that task involves skills or perspectives that would not normally be expected to reside within the department of which need to be undertaken independently for policy or probity reasons” (Victorian Government August 2003).

From time to time Council will contract and utilise the services of consultants in order to benefit from their specialised expertise, independent advice and/or to manage Council’s resources in the most effective and efficient manner possible.

The selection, engagement and use of consultants at Hornsby Shire Council is in accordance with Council’s policy titled ‘Consultants – Engagement and Selection’ and/or ‘Council Policy – Tenders’ as well as Council’s Procurement and Tendering Procedures.

General Manager’s Division

Performance measures

Achievement

Target

% and number of branches operating within budget

80% (3 of 4)

100%

% of speech notes provided to Mayor at least 2 days before event

90%

Number of complaints upheld by regulatory bodies – GRI PR5

Nil

Service comment

With Local Government elections taking place on 13 September, the period from July to September 2008 was a busy time for Council's Community Relations team. Major media issues in this period included the community campaign to save Glenowen, a heritage-listed property in Castle Hill, and Telstra's Development Application to install a mobile phone tower and equipment shelter at Rofe Park in Hornsby Heights.

Community Relations also worked to ensure the news, web spotlight and events sections of Council's website were regularly updated to encourage regular visitation by the community. The team prepared more than twenty sets of speech notes for Mayor Nick Berman and facilitated school visits for more than 250 local primary school students in this period.

As part of the ongoing events calendar, council ran a number of successful events for the community this quarter. Events include the Photo Competition, Fagan Park Playground Opening, Great Debate, Country & Garden Fair, opening of the serpent mosaic at Hornsby Station, Garden Competition, Knit in at Hornsby Library and two Citizenship Ceremonies (one was cancelled due to the September election).

Council also established an Australia Day event committee with community group input and support to ascertain the grounding for successful community events for next Australia Day. Community Relations established contact with Koala Park and is working on an Australia Day 2009 event within the allocated budget.

The newly created position of Graphic Designer went through a testing period to establish the viability and cost-effectiveness of producing design in-house. The role is being advertised as a permanent full time position in late October, which serves as a testament to the success this role brings to Council. Major achievements include updating the corporate style guide for Council and the creation of professional and consistent publications and promotional material.

The Annual Report and Sustainability Report 2007/08 is on-track to be delivered on time and within budget, despite the financial details being one month behind schedule (due to the cancellation of the September meeting of Council). The relationship with Transurban continues to flourish and the Manager Community Relations is actively involved in the Councillor and Community Engagement Working Party and the Vibrant Hornsby Mall Group where she is looking to assume the role of Chairperson at the next meeting.

The progress of the first quarter of the 2008-2009 Internal Audit Plan has been partially influenced by the completion of audits brought forward from the previous year and assistance in additional investigation tasks. The Internal Auditor and the other syndicate internal auditors have been involved in a third system audit conducted by the Internal Audit Bureau at another of the syndicate Councils. The associated report will be reviewed by the Internal Auditor and the Information Systems Branch in relation to Hornsby Shire Council.

Objectives in the Management Plan and Service Plan have generally been achieved for the first quarter and performance overall has been pleasing.

Financial comment

The 2008-2009 financial year has commenced well, with operations within the General Manager’s Division working substantially in line with allocated budget resources.

General Manager’s Division -explanation of material variances in $000

YEAR TO DATE VARIANCES TO BUDGET	VARIANCE	NARRATIVE
*Net Operating Result*	+77	Timing difference due to late billing by suppliers to the Garden Fair in Fagan Park
*Net Capital Result*	0
*Internal Funding*	0
*Net Operating and Capital Result after Internal Funding*	+77

Robert Ball

General Manager

Strategy Division

Performance measures

	Achievement	Target
Value of Development Contributions collected compared to the value estimated to be collected (for more detail see table below)	$460,479 collected ytd	$1,800,000 in 2008/09
% and number of branches operating within budget	100% (4 of 4)	100%
Staff turnover (full time equivalent) compared to same time previous year – GRI LA2	4% Sept 08 (20 people)	6.25% Sept 07
Absenteeism i.e.% and number of lost hours through sick leave compared to same quarter previous year – GRI LA2	4.66% (8,661 hours) Sept 08	4.85% (12,509 hours) Sept 07
Number of workers compensation claims registered in the quarter – GRI LA7	8 claims lodged and $47,618 paid in claims in the quarter	Information only, no target
Number of internal training programs delivered in the quarter – GRI LA11	83 classes delivered with 1,568 participants	Information only, no target
Number of staff attending external courses and seminars in the quarter – GRI LA11	59 external courses attended	Information only, no target

Development Contributions – Summary of contributions 2008/09 per category (the closing balances will be adjusted as journals are processed)
Development Contributions major categories	Opening Balance $	Contributions received $	Interest earned during the year $	Expended during the qtr $	Held as a restricted asset $
Drainage	443,408	17,049	6,579		467,036
**Roads	1,851,358	39,769	27,019		1,918,146
Traffic facilities	144,959	23,199	2,403		170,561
*Parking	0	0	0		0
Open Space	4,583,844	223,180	56,871	826,541	4,037,355
Community facilities	7,241,628	105,219	104,046	64,578	7,386,315
Civic improvements	2,132,206	38,070	30,447	39,262	2,161,461
Other (Bushfire facilities and plan administration)	-1647	13,993	-861	72,587	-61,102
SUB TOTAL – Development Contributions under plans	16,395,756	460,479	226,504226,504	1,002,968	16,079,772
Development Contributions not under plan	577,119		8,245		585,364
TOTAL CONTRIBUTIONS	16,972,876	920,958	234,750	2,005,936	16,665,137

The format used to display this information has changed from previous quarters to align to the DLG reporting requirements

*The zero balance is due to two factors:

§ Contributions only commenced in the new plan in November 2007

§ No funds have been received as at 30 September 2008

** The Roads funds include contributions levied against extractive industries and is for RTA use on the regional road network

Current development trends suggest that insufficient funds will be collected to fund the works program identified in the new plan.

Service comment

Achievements for the first quarter of 2008/09 include

§ The development and delivery to 620 staff of a training package regarding staff responsibilities relating to alcohol and other drugs in the workplace

§ The development of specifications for the major manual handling programme

§ The development and implementation of an improved suite of management performance indicators

§ Securing major film production houses as regular uses of shire locations, which has resulted in increased revenue streams

§ Substantial progress on the compliance plan as an auditable document of processes and procedures to minimise operational risks

§ Contribution to the Annual Report and Sustainability Report 2007/08, including the use of the Global Reporting Initiative

Financial comment

Controllable expenses were $131,000 (24%) below budget in this first quarter, due largely to a combination of salary savings and consultancy projects not yet commenced.

Development contributions collected in the quarter were marginally above the budgeted level, however multi-unit development remains subdued and the budget expectation has been set at a low level to reflect the slow-down in the industry.

Strategy Division explanation of material variances – in $000

YEAR TO DATE VARIANCES TO BUDGET	VARIANCE	NARRATIVE
*Net Operating Result*	+143	Mainly due to unfilled staff position in HR +50 and below budget expenditure on consultants +25 and timing differences on other expense items
*Net Capital Result*	+9	Above budget S94 development contributions
*Internal Funding*	-18	Offset to above budget S94 income and below budget expenses in development contributions
*Net Operating and Capital Result after Internal Funding*	+134

JULIE WILLIAMS

MANAGER CORPORATE STRATEGY

Corporate and Community Division

Performance measures

	Achievement	Target
Number of requests for information using FOI legislation Number of requests for information using s12 Local Govt Act	9 283	40 per annum 950 per annum
Number and value of tenders completed by the Procurement Department each quarter	3	3
Number of library visits per capita (annualised)	6.8	6
Time to complete Council Minutes	2 days	2 days
Occupancy Rate for Council’s Long Day Care Centres	98.36%	97%
% and number of branches operating within budget	100% (6 of 6)	100%

Financial Services

· Upgrade of financial reporting software tested and roll-out to budget managers commenced. Added functionality has been developed to include drill down to transactions.

· System generated aged debtors trial balance developed.

· E-tendering software implemented and training provided to relevant staff.

· Fair Value accounting requirements gathered for inclusion into the 2007/08 financial statements. Valuation of Council’s buildings and operational land completed by Scott Fullerton Valuations.

Administration Services

· A fantastic milestone was reached in September with the registration of the 1 millionth document into TRIM - council’s electronic document management system. Achieved in only four years, it illustrates the successful adoption of electronic recordkeeping throughout the organisation and a growing awareness of the importance of recordkeeping to support business, allow instant access to information and provide protection to Council. A thorough training and assistance programme offered by the Records Management Team, an active TRIM User Group and exceptional management and staff support has been instrumental in this corporate success story and has made Hornsby one of the most successful sites in the country for TRIM implementation.

§ The Administration Services Branch assisted the NSW Electoral Commission with the conduct of the local government elections which were held on 13 September by providing support to the Returning Officer allocated to the Hornsby Shire for the election. This included the identification and fit out of a suitable returning office, provision of facilities and equipment, assistance with enquiries and advice to members of the public, the collection, collation and distribution of various documentation, and liaison with the Electoral Commission.

Information Systems

§ Councils Online continues to be improved with the following systems to be implemented during this year:

- Electronic Business Paper System installed and going live in October 2008.

- Property Enquiry with Waste Management Collection Calendars - available on the HSC website

- Council Policy Register – available on the HSC website

- Property Enquiry with Waste Management Collection Calendars(Public View) - available on the HSC website

- Delegations Register – to be released later this year

- Forms Register – to be released later this year

- Grants Register – to be released later this year

- Section 53 - Land Register – to be released later this year

- HSC Phone Book – to be released later this year

- HSC staff email available via the internet from any location.

§ Telecommunications review including tender for mobiles, land lines, internet, remote sites and PABX now completed. The report to Council of the preferred tenderers was endorsed at the Ordinary Meeting held on 13 August 2008. Contracts are now signed and the implementation project to be scheduled. The PABX replacement is scheduled to complete by June 2009.

§ Information Systems Steering Committee has reviewed the IS Strategic Plan (June Quarter) in July 2008 to provide direction and prioritisation of technology projects.

§ COL hardware infrastructure being replaced for all five Councils in the Syndicate. This replacement is scheduled to complete by end of October 2008. Note this will also include an upgrade to the Council Syndicate corporate systems business recovery solution.

§ A review of the upgrade options for the Oracle (eBusiness Suite) corporate applications currently underway. This work is being completed by the Council Syndicate with results to be provided to the General Manager’s Steering Committee in December 2008.

Community Services

§ Following a period of community consultation, Council adopted a Statement of Reconciliation with Aboriginal people. following the Prime Minister's Apology to the Stolen Generations in February 2008. This Statement will appear on Council's website and be displayed in Council buildings and facilities throughout the Shire.

§ In partnership with Mission Australia, Council’s Youth Services Team is providing direct support to young people and their families at Hornsby Court. This is the first time that Council has been involved in the provision of services to young offenders. The project is designed to assist young people who have never been to court before. Workers and volunteers are at the courthouse door and are able to direct young people to legal advice or refer them to local services to encourage positive integration and support within the community with the view to stopping them re-offending.

§ Over 200 people participated in Council’s Over 55 Expo on 6 August. The Expo was organised in partnership with Parramatta City Council and provided an opportunity for older people to connect with their community and to gain information about local services that they can access.

§ The Community Centres and Halls Team began the implementation of the Finance and Procedures Manual for Community Centre and Halls Section 377 Management Committees. These manuals were produced in response to a Council resolution which supported a model of management of community facilities that involves Section 377 Management Committees but with “significantly improved performance”.

§ Stage One of the Cherrybrook Community and Child Care Centre Project is nearing completion. The renovated Cherrybrook Community Centre is scheduled for reopening in mid November 2008.

Library and Information Services

§ Epping Library won the category for Community Services/Non Profit in the Northern District Times True Local Business Awards

§ Library services and programs were promoted at the Fagan Park Country and Garden Fair and the Council Seniors Expo at Epping Leisure and Learning Centre. Successful Knit In held at Hornsby Library, in conjunction with the ABC, in support of the Wrap with Love program. 153 members of the public attended.

§ Readers Week celebrated during the month of September. Borrowers given the opportunity to nominate their top three favourite books. Promotion well supported by community. Customers using other people’s selections to find new titles to read.

Corporate and Community Division explanation of material variances – in $000

YEAR TO DATE VARIANCES TO BUDGET	VARIANCE	NARRATIVE
*Net Operating Result*	+1,058	A positive variance of 2.29% when compared to the 1^st quarter budget. This is a result of budget phasing issues, greater than budget investment returns (which will be offset by lowering of the cash rate) and employee leave entitlements not accrued. Any corporate savings against budget will be assessed as part of the December 2008 or March 2009 Budget Reviews.
*Net Capital Result*	-281	Due to timing differences in the changeovers of Council’s fleet.
*Internal Funding*	-27	Timing differences.
*Net Operating and Capital Result after Internal Funding*	+750

Gary Bensley

Executive Manager

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Environment Division

Performance measures

	Achievement	Target
Amount of gross pollutants removed from gross pollutant devices each quarter - gross pollutant devices capture litter before it pollutes waterways	329	450 tonnes per year
Tonnes of litter collected from residential street sweeper per week	30	35 tonnes
The number of ratepayers receiving free plants from council’s nursery during ‘plant giveaway’ days	No plant giveaway days this quarter	1,000 per year
Number of street trees planted per annum	300	500 per year
Number of review of on site sewerage management systems per quarter	81	70 per quarter
Percentage of public health reviews of high and medium risk businesses undertaken	30%	90% of high and medium risk businesses
Percent and number of branches operating within budget	67% (6 of 9)	100%

Service comment

· Planted 1,110 trees at three sites on National Tree Day

· Completed new area of walking track in Beecroft Reserve with boardwalk sections

· Completed installation of new fire trail gates

· 52 participants in Gardens for Wildlife workshops

· Distributed 550 plants to 21 schools for SCHOOLS National Tree Planting Day

· Vegetation and Restoration Plan Management Guidelines completed and on website

· Installed 16 new streetscape style litter bins in west side of Hornsby CBD

· Collected 73 fridges through Fridge Buyback program, resulting in savings of $427,100 in electricity and 2,817 tonnes of greenhouse gases

· Opened regional adventure playground facility at Fagan Park

· Commenced Secondhand Saturday initiative, in which approximately 60 participants per week take part

· Significant progress made on the Rural Sports Facility and Galston Skate Facility

· Installed three water quality probes on the Hawkesbury Estuary

· Upgraded the Kangaroo Point boat effluent pumpout facility

· Installed fish cleaning table at Berowra Waters

· Installed 400,000 litre rainwater tanks at Greenway Park for irrigation of the ovals

Awards

· NSW Sustainable Water Challenge 2008 (Commendation in the Community Engagement Category) for Tankscape – Schools Rainwater Tank Program

· Awarded the Excellence in Stormwater Software Development by the Stormwater Industries Association for developing a stormwater harvesting model

Financial comment

The Environment Division achieved a $141k favourable variance versus the Original Budget for the 1^st quarter.

Major variances are highlighted below:

· Favourable variance in Commercial Waste due to timing and expenditure not yet accrued

· Favourable variance in Hazard Reduction and Mitigation due to timing

· Savings in Employee Expense attributable to vacant positions

The Division requested the following budget changes:

· New contracts for grass cutting $25k

· Construction of a pedestrian link through Chilworth Reserve $9k

Environment Division explanation of material variances – in $000

YEAR TO DATE VARIANCES TO BUDGET	VARIANCE	NARRATIVE
*Net Operating Result*	1779	Favourable variances: · Domestic Waste $1,517k* expenditure not yet accrued, offset by Waste Reserve Account · Commercial Waste $82k expenditure not yet accrued · Catchment Remediation Rate $74k* due to timing of expenditure · Property Cleansing $79k due to timing of expenditure · Parks & Landscape Team $83k mainly timing of expenditure for Parks Asset Group & Streetscape Maintenance Unfavourable variances: · Fire Control -$145k mainly due to reimbursements not yet received from NSW Rural Fire Service * offset by funding adjustments
*Net Capital Result*	-835	Favourable variances: · Timing of Bushland s94 Projects $83k, offset by Funding Unfavourable variances: · Timing of Parks s94 Projects -$808k, offset by Funding · Timing of Catchment Remediation Projects -$44k, offset by Funding · Fire Control Centre -$36k, offset by Internal Loan * offset by funding adjustments
*Internal Funding*	-803	* offset major variances from Net Operating and Net Capital Results above: · Domestic Waste -$1517k* · Catchment Remediation Rate – Operating -$74k, Capital +$44k · Parks s94 Projects +$808k* § Bushland s94 Projects -$83k* § Fire Control Centre +$36k*
*Net Operating and Capital Result after Internal Funding*	141

Robert Stephens

Executive Manager

Works Division

Performance measures

	Achievement	Revised Target
Recreation Centre % utilisation per available hours	60.1% Sept 2008 56.3% Sept 2007	Favourable variance compared to same time last year
Maintenance expenditure on sealed roads per kilometre Maintenance expenditure on un - sealed roads per kilometre Maintenance expenditure on footpaths per kilometre Maintenance expenditure on drainage per kilometre * based on 3 months expenditure	$1,390* $2,940* $500* $770*	$8,100 pa $11,700 pa $2,700 pa $3,600 pa
Percentage of design and construction projects completed compared to percentage scheduled for completion in the quarter	83%	80%
Percentage of building projects completed compared to percentage scheduled for completion in the quarter	100%	100%
Value of building projects completed in the quarter	$100,000 ytd	$400,000 pa
Number of graffiti incidents responded to in the quarter	339 this quarter	Information indicator
Number of volunteer hours provided by Hornsby SES	933 ytd	5,000 hours per annum
Number of schools visited on road matters	5 this quarter	51 per annum
Number of traffic matters investigated and actioned	269 ytd	1,200 pa
Percent and number of branches operating within budget	56% (5 of 9)	100%

Service comment for the quarter

Indicators for the September Quarter confirm continuing delivery and completion of maintenance, upgrading works and special project works by the Works division, generally in accordance with Council’s adopted program

Financial comment

The Works Division completed the Quarter with a net operating and capital result some $374K more than budgeted for this period – primarily due to Capital project budget phasing. All projects are proceeding in accordance with estimates.

Principal factors impacting Divisional financial performance this quarter were:-

· Essential work on Council’s Cadastre Verification project. $35K is requested in this Review, to enable the project to proceed to completion.

· A request for $80K is included in this Review to fund urgent structural repairs to Hornsby Aquatic Centre. Council will be further advised of the extent of repairs required, and the implications for this service.

· Additional funding of $35K (net) will be required in a later Budget Review to fund the costs of acquisition of the various rights-of-way at Quarry Road Hornsby, in order to provide access to the Hornsby Quarry and associated lands.

· Ongoing investigations into management of water and geotechnical issues and actions regarding the future use of the Hornsby Quarry pit, as previously resolved by Council, will require additional funding in a later Budget Review.

· Budget provision for ongoing safety and security issues in and around the Quarry site proved to be adequate this quarter.

· Increased allocation ($90K) for upgrading of Air Conditioning at Epping Library offset by restricted funding.

· A new allocation of $68K for purchase of new Aerial Photos of the Shire has been included in this Review, offset by contributions from Works Division ($25K – currently in Restricted Asset Account), and future contributions from Environment Division ($25K) and Planning Division ($18K) which will be reported in the December Budget Review.

· Traffic Infringement income for this quarter was generally as budgeted. Progress will be reviewed and reported in the December Budget Review.

Works Division explanation of material variances – in $000

YEAR TO DATE VARIANCES TO BUDGET	VARIANCE	NARRATIVE
*Net Operating Result*	438	Assets: · Less Drainage and Unsealed Road Maintenance, and Pavement Rehabilitation than forecast for this quarter. Partly offset by more Shoulder Maintenance and Pavement Resurfacing work. Also, less Road Restoration Concrete and AC than forecast for this quarter. Engineering: · Delay in Mechanical Services plant hire transfers. Transfers will be processed in the next quarter. Property Development: · Receipt of road closure income - offset by funding items. Budget changes have been included in this review.
*Net Capital Result*	(744)	Design: · Capital works out of phase with budget. Budget adjustments have been included in this review. Engineering Services: · Capital works out of phase with budget – Hornsby Library re-roof. · Purchase of major plant out of phase with budget - offset by restricted asset funding. Traffic: · Capital works out of phase with budget. Budget adjustments will be included in the December Budget review.
*Internal Funding*	(68)	· Funding movements in accordance with project expenditure. · Net release of mechanical services funds from restricted asset to cover purchase of major plant during the year.
*Net Operating and Capital Result after Internal Funding*	(374)	Unfavourable variance

Maxwell Woodward

Executive Manager

Planning Division

Performance measures: July – September 2008

	Achievement	Target
Median processing times for development applications	25 days 54 days	Category One 60 days Category Two 40 days
Median processing times for construction certificates	6 days	7 days
Number of Development Applications received and determined as per service agreements · Category One · Category Two	28 72	75 applications per officer pa 180 applications per officer pa
Number of service requests relating to health, building and planning matters that are received and investigated per officer per year	95	200 matters per officer pa
Percentage of building and planning correspondence determined and resolved within 60 days	98%	95%
Percent and number of branches operating within budget	75% (3 of 4)	100%

Budget comment

As a result of the down turn in the building industry the income generated within the Competitive Services Team and Assessment Team 2 is 10% below target. This reduced income will be offset by a reduction in the staff complement. This reduction will be achieved by not filling two vacant positions.

Service comment

Development and CC applications were determined within service delivery targets for the first quarter. The Comprehensive LEP is progressing in accordance with the programme adopted by Council and the Department of Planning.

Financial comment

The Planning Division achieved a minor surplus of approximately $40K in the first quarter owing to salary and operational savings and the advance of grant funds for Council’s Housing Strategy, and Employment Lands Study.

Planning Division -explanation of material variances in $000

YEAR TO DATE VARIANCES TO BUDGET	VARIANCE	NARRATIVE
*Net Operating Result*	-10	Lower than budget income from fees and charges -165, offset by labour savings +99 and other savings in mainly advertising, consultants and legal expenses +66
*Net Capital Result*	0
*Internal Funding*	0
*Net Operating and Capital Result after Internal Funding*	-10

SCOTT PHILLIPS

Executive Manager

Hornsby Shire Council

Attachment to Report No. EN38/08 Page 257

3 Estuary Management Projects

3.1 Brooklyn and Dangar Island STP Water Quality Monitoring

Objective 4.3 – Assess temporal trends and variability in water and sediment quality in the estuary (WBM 2006).

The Brooklyn & Dangar Island sewerage treatment plant (STP) commenced operation in early 2008. A number of potential impacts from the outfall have been identified, including elevated nutrient levels and the effects of fresh water inputs on estuarine fauna species. The Sydney Water Corporation has predicted that the installation of the STP will result in an overall reduction in nutrient loads entering the Hawkesbury River by eliminating the need for onsite sewage management systems in the surrounding area.

In order to detect potential impacts from the STP Council commenced a water quality monitoring program in June 2006 collecting baseline water quality data prior to the commencement of discharge from the STP outfall, located under Peats Ferry Road Bridge. Six sites have been added to Councils routine water quality monitoring sites. These additional sites were selected to monitor areas likely to be affected by the outfall (the outfall site, near upstream and near downstream) and control sites i.e. areas unlikely to be affected by the outfall (far upstream and far downstream). The following parameters are measured at each site monthly: chlorophyll a, nutrients, faecal coliforms, suspended solids; enterococci, conductivity, temperature, salinity; pH; turbidity; and dissolved oxygen. For results of this monitoring please refer to the 2007/08 Water Quality Monitoring Annual Report (HSC 2008).

3.2 Calabash Bay Remote Chlorophyll Monitoring Probe

Objective 1.3 – Develop a better understanding of ecological indicators through monitoring and research to help guide management decisions (WBM 2006).

Algal blooms have historically been a problem in Berowra Creek, often causing discolouration of the water and on occasion fish kills, especially around the deeper waters at Calabash Bay. Blooms generally occur during periods of warm weather when there is an increase in nutrients in the water. Depending on the algae species present, these blooms can pose a threat to local biota, the aquaculture and fishing industry, recreational pursuits and estuarine and public health.

During periods of algal blooms, Council works in collaboration with the Regional Algal Coordinating Committee (RACC), administered by the NSW Department of Environment and Climate Change (DECC), to monitor the bloom and inform the community of possible risks or estuary closures.

In response to the issue of algal blooms in Berowra Creek, Council engaged the Department of Commerce Manly Hydraulics Laboratory (MHL) in 2002 to deploy a remote chlorophyll monitoring probe (YSI 6820 Sonde) at Calabash Bay. Since this time, the probe has been collecting real time chlorophyll a, conductivity, salinity and temperature data from the estuary. Data is transmitted every 15 minutes via a data logger and is displayed on the internet at www.estuary.hornsby.nsw.gov.au.

Chlorophyll levels in excess of 20µg/L are used as an indicator of a potential algal bloom. If this level is exceeded a warning is sent via email to Council officers who then follow the procedures stipulated by the RACC. The last RACC notified, significantly elevated algae concentrations in the area occurred in January 2007, there were no harmful impacts from the minor bloom.

During 2007/08 the monitoring probe and buoy were upgraded to incorporate a Photosynthetically Active Radiation (PAR) sensor to measure the amount of sunlight entering the water and a thermistor chain to measure the water temperature at 1m intervals from the surface of the water to the bottom of the 14m deep basin. An Acoustic Doppler Current Profiler (ADCP) was also deployed from the buoy for a number of months to collect current velocities in the area.

Data collected by the probe is supplemented by monthly sampling of phytoplankton species density and diversity and a range of other biological and physico-chemical data. Maintenance of the probe is undertaken every three weeks during the warmer months and every four weeks during the cooler months by Council’s Water Catchments Team and MHL.

All Frames
Created with Tecplot 10.0-4-10

Figure 2: Temperature, PAR, chlorophyll, and salinity data collected by the probe for the period 29 January to 13 February 2008

3.3 Crosslands Masterplan

Objective 3.4 – Provide adequate infrastructure for passive recreational activities (WBM 2006).

In 2006 Council developed a Masterplan that provides direction to the future character, use, development and management of the landscaped recreation areas of Crosslands Reserve within the Berowra Valley Regional Park. Accordingly, this Masterplan gives consideration to the directions and objectives set by the Berowra Creek EMP. The development of this plan was overseen by a focus group which consists of representatives from State and Local Government, the community, park users and key stakeholders. The Masterplan was adopted by Council in August 2006.

The Masterplan proposes a number of key improvements to the recreational and environmental amenity and the management of pedestrian and vehicular circulation on the site. Principle improvements the Masterplan proposed include:

- Entry area improvements

- New riverside interpretation walk

- Existing vehicular track removal

- Reorganisation and refurbishment of the central carparking area

- Reorganisation of boat launching ramp area

- Riverbank improvement works

- Improvement to visitor amenities, including toilets, picnic and BBQ shelters

- Tree planting

Council completed detailed design, community consultation and construction of the new electric BBQs, shelters, riverside walk and improvements. Implementation of other stage 1 works has commenced and should be completed by mid 2009. Funding has been derived from a number of sources including the Hawkesbury Nepean Catchment Management Authority (HNCMA), Sate Government Greenspace Grant and Council's Section 94 funds.

3.4 Dangar Island Seagrass Protection and Education

Objective 3.1 – Conserve, and where possible increase, the total areas of estuarine habitat (beyond natural variability) (WBM 2006).

This program, funded by the HNCMA, has provided an opportunity for Council to engage in community consultation and to work with government and community stakeholders to address attitudes and behaviours which lead to potential damage of the Dangar Island seagrass bed.

The seagrass bed south of Dangar Island is under pressure from impacts of boating activities. The area is subject to commuter boat traffic from the Dangar Island and Little Wobby settlements, recreational boating including water skiing, recreational fishing boats, houseboats and large boating events such as the annual Bridge to Bridge Water Ski Classic. These boating activities cause damage to seagrasses in a number of ways: anchors and propellers uproot, damage and kill plants, causing fragmentation of seagrass beds; power boats disturb sediments, increase turbidity, reduce sunlight and can smother seagrasses. These impacts all reduce the extent, condition and connectivity of the important aquatic habitat provided by seagrasses.

Activities undertaken during this program included successful negotiations between the NSW Maritime Authority and the NSW Water Ski Federation resulting in the 2008 Bridge to Bridge Ski Classic being undertaken with no detrimental impacts on the seagrass beds. An education program and art competition were held for students at Brooklyn Public School and two community workshops were held on Dangar Island to inform the community of the importance of healthy seagrass communities and provide ideas on how boating activities can be carried out with minimal impact on seagrasses.

Recommendations for future seagrass protection and education activities arising from the program include:

1. Ensure future seagrass protection activities incorporate the Lower Hawkesbury River as defined by the Lower Hawkesbury EMP

2. Establish a Seagrass Protection Partnership to facilitate future seagrass protection in the Lower Hawkesbury River

3. Continue pro-active communication regarding the ecology of the Lower Hawkesbury River

4. Establish an on-going community monitoring program for seagrass in the Lower Hawkesbury River

The success of this program was attributed to the exceptional community and agency support, in particular the HNCMA, the NSW Maritime Authority, the NSW Water Ski Federation, the Central Coast Community Environment Network and recreational fishing and boating clubs.

Figure 3: Artwork from Brooklyn Public School Students Figure 4: Community workshop 2 on Dangar Island

3.5 Impacts of Nutrients on Ecosystem Integrity

Objective 1.3 – Develop a better understanding of ecological indicators through monitoring and research to help guide management decisions (WBM 2006).

The conservation of seagrasses and sustainability of fisheries is of major social and economic concern in Australia and nutrient enrichment is a significant threat to these resources. Research with the University of Technology Sydney (UTS), will provide an understanding of these issues by experimentally investigating a trophic cascade that links nutrient pollution, seagrass epiphytes and invertebrate grazers to commercially important juvenile crabs. A trophic cascade occurs in a food chain when a predator suppresses the abundance of its prey, which in turn reduces the predation on the next trophic level of the food chain.

Investigation of trophic cascade effects that link nutrient pollution to the growth and survivorship of seagrass and commercially important species will provide knowledge crucial for improved future management of seagrass habitats. The primary outcome of this study will be a model that can predict how changes in nutrient concentrations will influence population dynamics of commercially important fish species supported by seagrasses. This information has therefore, direct relevance to managers of estuarine and coastal environments.

The outcomes of the project will enable the accurate predication of impacts of future nutrient loads on the growth and survivorship of seagrasses and associated fish species. This information will be invaluable for developing policy for water quality guidelines, conserving seagrass and managing near-shore fisheries.

3.6 Integrated Catchment Model

Objective 1.3 – Develop a better understanding of ecological indicators through monitoring and research to help guide management decisions (WBM 2006).

Council has been monitoring water quality since October 1994 in order to measure long term water quality trends as well as the impact of catchment activities and remediation devices. To progress the catchment modelling that was undertaken to support the implementation and assessment of the Total Water Cycle Management Plan, Council has engaged Cardno Willing and the Australian National University to develop an integrated catchment model.

It is envisaged that this modelling system will assist environmental managers in making proactive management decisions by being able to predict environmental, social and economic consequences and implications of the current management strategies and decisions. This model aims to address the relationship between policy decisions, environmental flows, aquatic processes and ecological health.

The intent of this project is to embed the processes that ultimately impact on the estuary within policy/decision frameworks that lead to alteration of environmental flows and pollutant loads. Accordingly, for the management of these flows and loads an appropriately constructed model is required to assist Council in identifying sources, pathways, interactions and impacts of pollutants through the catchment landscape and its waterways.

This project is intended to add further knowledge to our understanding of catchment and estuarine behaviour in response to human activities. Specifically, this model will provide managers with an innovative tool whereby impacts to waterway health are considered and internalised when natural resource, social and economic decisions are being made.

3.7 Kangaroo Point Vessel Pumpout Facility

Objective 3.1 – Ensure there is sufficient sold and liquid waste management facilities for the volume of users of the Brooklyn estuary foreshore areas (WBM 2006).

The Kangaroo Point pumpout facility, funded by the (then) NSW Department of Land and Water Conservation, was officially opened in November 2002. The facility was installed to enable boat users to dispose of effluent in an environmentally acceptable manner and as a practical solution to help restore water quality within the Lower Hawkesbury River.

To date, the facility has collected over 1.1 million litres of effluent from both commercial and recreational vessels operating on the Hawkesbury River. The summer months, December, January and February, are the busiest months each year. Council and the NSW Maritime Authority are continuously working to raise awareness and compliance among boat owners and operators to protect the estuary form unnecessary sources of pollution.

During 2007/08 the facility underwent major upgrades to increase the reliability of the system and make it more user friendly. Initially the facility required user codes to operate, this allowed council to collect data on the volumes of effluent being collected and identify commercial and recreational users. Since the upgrades the system is operating on a start/stop operation and is free to all users. The facility was connected to the new Brooklyn and Dangar Island STP early in 2008.

3.8 Predictive Modelling for Algal Blooms

Objective 1.3 – Develop a better understanding of ecological indicators through monitoring and research to help guide management decisions (WBM 2006).

The occurrence of algal blooms in the Berowra Creek estuary threatens both recreational and commercial pursuits, as such and early warning algal bloom program has been established. The project will determine whether the issue of algal blooms can be addressed by predicting blooms in advance using an Artificial Neural Network (ANN). The ANN will utilise data from an onsite real time chlorophyll a probe and data from the Bureau of Meteorology (BOM). This project is the result of collaboration between Hornsby Shire Council, Manly Hydraulics Laboratory and the University of New South Wales.

This project will fill knowledge gaps for Council with regard to understanding algal bloom processes and mitigation. In addition, it will provide managers with an opportunity to undertake proactive management strategies by being forewarned of an impending algal bloom, rather than reactive management, by responding to algal blooms only when they occur. In being able to forecast algal bloom concentrations it is envisaged that Hornsby Council will apply the information to:

- Improve monitoring efficiency, by monitoring only when problematic concentrations occur

- Inform recreational users of potential public health risks

- Inform oyster growers of potential bloom concentrations

- Determine which environmental conditions are most dominant in causing problematic algal concentrations.

3.9 QX Disease and the oyster industry

Objective 2.2 – Provide support to the commercial fishing and oyster industry to help ensure their long term viability (WBM 2006).

QX disease, named after the state in which it was thought to originate, is a parasitic infection specific to Sydney Rock oysters cause by the protozoan parasite Marteilia sydneyi. In 2004 QX disease decimated both cultivated and natural populations of Sydney rock oysters in the Hawkesbury River.

Since this time, Council and Broken Bay Oysters farmers have collaborated to undertake monitoring identifying the time of year that oysters become infected with QX disease in the Hawkesbury River. This is known as the ‘Window of Infection’. Methodology and training in the identification and analysis of QX disease were provided by leading expert Dr Rob Adlard of QLD Museum and the NSW Department of Primary Industries (DPI).

Figure 5: Deploying/collecting and processing control oysters Figure 6: QX disease cell at 400x magnification
·

Every three weeks a basket of control (QX free) oysters from the Shoal Haven are deployed in the Hawkesbury River to remain for a period of six weeks. After the six week deployment Council’s environmental scientists and oyster farmers dissect and analyse the oysters. Data is recorded on the physical condition of the oyster, presence or absence of QX disease, and if present, the intensity and stage of the disease.

Data collected during the 2007/08 monitoring period indicates that oysters were infected with QX during a 15 week period, from 9th January to 3rd April 2008. This is earlier in the year and approximately 3 weeks longer than the 2006/07 Window of Infection period (22nd February to 26th April 2007).

PERIOD	DATE DEPLOYED	PERCENTAGE OF CONTROL OYSTERS INFECTED (%)
1	28-Nov-07	0
2	19-Dec-07	0	18
3	09-Jan-08		18	70
4	30-Jan-08			70	60
5	20-Feb-08				60	1
6	13-Mar-08					1	52
7	03-Apr-08						52	0
8	24-Apr-08							0	To be analysed
9	14-May-08								To be analysed

	Window of infection period for 2007/2008

3.10 Recreational Fishing Infrastructure

Objective 2.3 – Provide appropriate infrastructure for the boating and tourism industry (WBM 2006).

To improve visual amenity, hygiene and functionality Council obtained funding from the NSW DPI to upgrade the fish cleaning table located at Parsley Bay. The original concrete table was replaced with a stainless steel table and moved closer to the waters edge. This will allow easier cleaning, prevent the accumulation of waste from seabirds congregating near the table and provide more open space along the foreshore.

TAngler bins have also been installed at Parsley Bay, Berowra Waters and Wisemans Ferry to collect unwanted recreational fishing line as part of OceanWatch Australia’s TAngler Bin project. This project aims to reduce the amount of fishing line irresponsibly disposed of in key fishing areas. Fishing line placed in the TAngler bins is collected by Council and sent to OceanWatch Australia for recycling preventing injury to wildlife, unsightly litter and hazards to boats and other watercraft.

Figure 7: The old concrete fish cleaning table Figure 8: The new stainless steel fish cleaning table

3.11 Removal of Derelict boats from Sandbrook Inlet

Objective 3.7 – Remove abandoned and derelict vessels from the Brooklyn estuary (WBM 2006).

Council is working in collaboration with the HNCMA on an estuary clean up program, removing a number of derelict boats from within Sandbrook Inlet. The NSW Maritime Authority, DPI and DECC are also partaking in the project, funded by the National Heritage Trust and the NSW Estuary Program.

Vessels abandoned on our foreshores potentially threaten local river health by restricting the connectivity of estuarine habitats including mangrove stands, saltmarsh communities and mudflats. The vessels are also a source of pollution, releasing residual fuel, contaminated bilge water, rust, heavy metals and other toxicants to the waterway as the vessels perish. Removal of these vessels will aid in restoring the scenic amenity of this area, particularly along the foreshore of Long Island Nature Reserve.

To acknowledge the historical significance of the vessels, in particular MV Surprise II, Council will salvage part of the vessel to display in the area. MV Surprise was one of the last vessels to be used to transport fruit and vegetables along the Hawkesbury River.

Figure 9: Derelict boats to be removed form Sandbrook Inlet, Brooklyn

3.12 River Settlements and Foreshores Review

Objective 5.1 – Insure that future development is consistent with the nature, scale and scenic quality guidelines in SREP 20 (WBM 2006).

The purpose of the River Settlements and Foreshores Review was to examine the suitability of current planning controls for maintaining the qualities of the river settlements and foreshores of Hornsby Shire, with regard to emerging issues (Brooklyn and Dangar Island STP, limited infrastructure, community character) and current best practice. The study area for the Review includes the river settlements along Berowra Creek of Berowra Waters, Dusthole Point, Neverfail Bay, Calabash Point, Coba Point, Marramarra Creek, Sunny Corner, and Milsons Passage, together with Dangar Island, Brooklyn and Wisemans Ferry.

The Review makes recommendations concerning amendments to the planning controls which apply to the river settlements. The recommendations include rezoning residential properties on Dangar Island to the Environmental Protection E (River Settlement) zone, which means that inappropriate uses, such as agricultural structures, attached dwellings, and intensive animal establishments, would no longer be permissible. The Review also suggests that the scale of development in the Environmental Protection E zone would be better managed by reducing the floorspace ratio which applies to the zone.

To assist in minimising impacts on the natural and built environment, the Review recommends that additional planning controls be drafted. These include requirements for the design of roof forms, undercrofts, landscaping, boatsheds, seawalls, stairs and fencing, as well as identification of acceptable colours, materials and finishes.

The Review was on public exhibition from May to August 2007. In June 2008, after consideration of submissions, Council resolved to prepare amendments to planning controls which would:

- Permit, with development consent, short term accommodation and bed and breakfast accommodation across all river settlements;

- Rezone residential properties on Dangar Island to the Environmental Protection E (River Settlement) zone;

- Reduce the floor space ratio in the Environmental Protection E zone from 0.4:1 to 0.3:1; and

- Specify a minimum Foreshore Building Line for Dangar Island.

Council has forwarded the proposed amendments to planning controls to the Department of Planning for certification for exhibition. Once certified, the proposed amendments will be placed on public exhibition.

Council also resolved to prepare a new River Settlements Development Control Plan (DCP), consolidating the existing DCPs applying to the river settlements and incorporating additional planning controls to assist in minimising impacts on the natural and built environment. The new DCP is currently being prepared and will be presented to Council for endorsement for exhibition.

The remaining recommendations of the River Settlements Review will be considered as part of a longer term review of Council’s planning controls, in the preparation of Council’s Comprehensive Local Environmental Plan, required to be finalised by 2011.

4 Estuary Management Budget

Council was successful in obtaining over $170 000 in grant monies during the 2007/08 financial year from various state and federal government agencies. The primary sources of funding for the Estuary Management Program are the NSW DECC and the HNCMA who are responsible for distributing National Heritage Trust (NHT) funds.

Council will continue to seek grant funding to continue the implementation of the Brooklyn EMP and the proposed Lower Hawkesbury EMP as the opportunities arise.

Hornsby Shire Council

Attachment to Report No. EN38/08 Page 351

TABLE OF CONTENTS

EXECUTIVE SUMMARY. 3

1.0 INTRODUCTION. 5

1.1 Report Objective. 5

1.2 Background. 5

1.2.1 Catchments Remediation Program.. 5

1.2.2 Catchments Remediation Rate (CRR) and Panel 6

1.3 Statutory Considerations. 7

2.0 Selection and implementation of the CRR Capital Works. 9

2.1 Selecting a stormwater treatment measure. 9

2.2 Project Management and Construction. 9

2.3 Maintenance Considerations. 9

2.4 Maintenance Operations. 10

2.5 Occupational Health and Safety (OH&S) and Risk Management. 11

3.0 Stormwater Treatment Measures. 12

3.1 Gross Pollutant Devices (GPD’s) 12

3.1.1. Trash Racks (21) 12

3.1.2. Litter Baskets (10) 14

3.2 Gross Pollutant Devices - Proprietary (247) 14

3.2.1. Net Techs/Pratten Nets/Channel Nets (44) 14

3.2.2. Underground Vaults (20) 15

3.2.3. Ski-Jump Litter Traps (4) 15

3.2.4. Pit Inserts (170) 15

3.3 Constructed Wetlands. 16

3.4 Sediment Basins. 17

3.5 Stream Remediation. 17

3.6 Bioremediation Basin - Castle Howard Road, Cheltenham.. 20

3.7 Stormwater Gardens - Turner Road, Berowra. 21

3.8 Developer Constructed Devices. 22

4.0 PERFORMANCE EVALUATION AND COSTS. 23

4.1 Rainfall measurement. 23

4.2 Performance of Gross Pollutant Devices. 23

4.2.1 Pollutant Removal Trends. 23

4.2.2 Maintenance Costs. 26

4.2.3 Dredging Lakes of Cherrybrook. 26

4.3 Wetland Performance. 27

4.3.1 Pollutant Removal Trends and Costs. 27

4.4 Material Disposal and Reuse. 28

5.0 LANDSCAPE MAINTENANCE AND BUSH REGENERATION. 30

5.1 General Maintenance Considerations. 30

5.2 Maintenance of Landscapes surrounding Gross Pollutant Devices. 30

5.3 Maintenance of Wetlands. 30

6.0 LANDFILL REMEDIATION. 32

6.1 Foxglove Oval, Mount Colah. 32

6.2 Arcadia Park, Arcadia. 33

7.0 STREET SWEEPING.. 34

8.0 CONCLUSIONS. 35

9.0 REFERENCES. 36

Appendix A: Rainfall data for Hornsby LGA. 37

1.0 INTRODUCTION

Hornsby is located 25 kilometres north-west of the Sydney CBD and is the Council base for a Shire covering approximately 50,990 hectares and serving the needs of more than 157,000 residents. The Shire extends from Epping in the south to Brooklyn and Wisemans Ferry in the north fronting a large expanse of the Lower Hawkesbury River. A majority of the northern and central Shire consists of Regional and National Park and Nature Reserve. This unique natural character combined with the many creeks and estuaries has led to Council being termed the ‘Bushland Shire’.

In an attempt to conserve the ecological value of the Shire’s many natural waterways and to improve the quality of urban stormwater Hornsby Shire Council has taken an integrated approach to stormwater quality management by developing a range of capital and non-capital (preventative) measures. This initiative includes all major catchments under the Stormwater Management Plan framework, together with more closely modelled sub-catchment plans. Council’s progressive strategy has recognised the need to tackle these challenges using a broad approach to understanding and managing the total water cycle. This has led to the development of a Sustainable Total Water Cycle Management Strategy (2005).

This report focuses on the performance of different stormwater quality control structures e.g. gross pollutant devices, constructed wetlands, sediment basins, stream remediation and leachate treatment works that have been constructed under Council’s Catchments Remediation Rate (CRR) Capital Works Program.

1.1 Report Objective

To provide quantitative data and an analysis of the relative performance of different stormwater and leachate quality improvement devices that have been implemented under the CRR program. Specific reference will be made to those devices constructed and/or installed in the 2007/2008 financial year.

1.2 Background

1.2.1 Catchments Remediation Program

In response to general water quality degradation, including red algal blooms and fish kills in the Berowra Creek estuary in September 1993, Hornsby Council placed a moratorium on all development assessments within the catchments of the West Hornsby STP. To resolve this, the Minister for Planning established a Technical Working Party (TWP), comprising representatives of Council, the Water Board (Sydney Water) and the Department of Urban Affairs and Planning (DUAP). Representatives from the Environment Protection Authority (EPA) and the Hawkesbury-Nepean Catchment Management Trust joined the TWP in early 1994. The TWP confirmed that the two Sewage Treatment Plants (STP’s) contributed to the poor water quality of the creek. Moreover, it highlighted the significant role of polluted urban stormwater, particularly runoff from developing and newly developed residential areas.

On 27 April 1994, the participating organisations of the TWP signed a Statement of Joint Intent (SoJI - also known as the Community Contract for Berowra Creek) agreeing to work together to achieve the ecologically sustainable development (ESD) of the Berowra Creek catchment and the recovery of the environmental health of the creek. The Community Contract, included agreements to upgrade the STP’s and it bound the parties to the preparation and implementation of a Water Quality Management Strategy. It also required Council to prepare and implement a strategy to reduce stormwater nutrient ingress to Berowra Creek and to utilise water sensitive design in its consideration of future developments.

However, the level of pollutants and the urgent need for action was not confined to Berowra Creek. Water quality in the other major catchments within the Shire had also deteriorated because of urbanisation. Remedial works to reduce pollution and improve water quality were required throughout the entire Shire including relevant areas draining the Cowan Creek, Lane Cove River and the Hawkesbury River catchments.

In 1995, the Water Catchments Team initiated the first phase of the ongoing strategic planning for catchment management within the Shire. The result was the production of a Catchments Remediation Program Five-Year Plan which detailed the proposed expenditure of the Catchments Remediation Rate towards meeting the objectives of the Statement of Joint Intent and in turn improving water quality in the Shire’s waterways. The Plan included financial forecasts of rate income over a five year period together with capital investment and non-capital expenditure including asset management.

It was hoped that Hornsby Shire Council’s Catchments Remediation Program would give stormwater managers a better insight into the cost-efficiency and performance of individual devices, but more importantly, monitoring of devices will reflect the individual characteristics of sub-catchments and the associated point sources of pollution, which can be targeted through pollutant minimisation strategies. It was also seen that community and industry awareness projects are important to complement the Catchments Remediation Program, whilst Local Government can also review work practices and strategies in relation to sediment and erosion controls on building sites (and there enforcement), street sweeping, street tree planting, rubbish collections and kerbside recycling collections.

Additional objectives of the Catchments Remediation Program, which still apply today, aim to address:

· Innovation – products and services – generate and use ideas to add value to the community as stakeholders, provide productivity improvements, continue leadership and management capabilities in local government

· Health and safety – provide a safe and healthy aquatic environment for the community, council staff and contractors

· Performance – better understand community needs and expectations, ensure/deliver reliability, durability, quality and maximise the cost/benefit of installed capital projects

· Justify expenditure through regular reports to the community, protect and service assets and continually improve operations.

1.2.2 Catchments Remediation Rate (CRR) and Panel

Council’s catchments remediation work up to 1997 was only partly funded by the CRR, with the majority of funding being at the expense of other traditional Council services e.g. Parks. However, the cost of Council’s ‘Statement of Joint Intent (SoJI) for Berowra Creek’ obligations and remediation works in the other catchments was highlighted to be much more than was covered by the rate. The proposal to increase the CRR from 2% to a 5% levy on ordinary rates in 1997 was presented with the idea to accelerate remediation capital works and return resources to traditional services that had suffered funding cuts. The increased funding was intended for planning, design, construction, maintenance and management of remediation devices. The proposal to increase the CRR to 5% was adopted by Council on the 13th April 1997 and still applies today.

Approximately 50% of the CRR is directed to non-capital costs including project management and a series of studies, associated with meeting the SoJI objectives. These studies are designed to identify more precisely the cause and effect mechanisms of pollution generation in the Shire, develop effective longer term remedies for the problems, and establish appropriate technological and monitoring techniques to determine and report progress. The remaining 50% of CRR funding is allocated to on-ground capital remediation works and subsequent routine maintenance of all constructed devices. Current remedial environmental protection works include the design and construction of wetlands, gross pollutant devices or stormwater quality interception devices, leachate control from old landfill sites, sediment basins and creek stabilisation/rehabilitation.

The Catchments Remediation Rate Expenditure Review Panel (the Panel) was established in July 1997 following community consultation on increasing the CRR from 2% to 5%. The Panel meets twice annually to review expenditure following the second and fourth quarters of each financial year and currently comprises six community members, relevant council staff and two nominated Councillor/s. The purpose of the Panel is to ensure accountability and transparency of expenditure of CRR funds.

1.3 Statutory Considerations

It should be noted that the Hornsby Shire Local Environment Plan (LEP), 1994, permits Council to undertake the construction or maintenance of stormwater drainage and water quality treatment devices, bush regeneration and landscaping without obtaining development consent. The proposals for construction are assessed under Part V of the Environmental Planning and Assessment Act, 1979, which requires Council to prepare a Review of Environmental Factors (REF). This identifies and evaluates the impacts of an activity to determine whether the impacts are likely to significantly affect the environment. The REF must also consider impacts of the activity on critical habitat or threatened species, populations or ecological communities or their habitat, under section 5A of the EP&A Act.

The Threatened Species Conservation Act (TSC Act) 1995 specifies a set of seven factors which must be considered by decision makers in assessing the effect of a proposed activity on threatened species, populations or ecological communities, or their habitats. These factors are collectively referred to as the seven part test of significance.

The outcome of any threatened species assessment should be that activities are undertaken in an environmentally sensitive manner, and that appropriate measures are undertaken to minimise adverse effects on threatened species, populations or ecological communities, or their habitats. If the application of the seven part test finds that a significant effect is likely then:

· A Species Impact Statement must be prepared and the concurrence of the Director General of the Department of Environment and Climate Change (DECC).

· The activity may be modified such that a significant effect on threatened species, populations or ecological communities, or their habitats is unlikely be sought.

Council is also required to notify and exhibit work proposals as per Notification Protocol contained in Council’s Exempt and Complying Development DCP (1999). This entire procedure has been quality assured under the NATA certified ISO 9002 – Quality Management System and the ISO 14001 – Environmental Management System, which the Water Catchments Team of Council received in July 2000. These international standards will ensure that document control, corrective and preventative actions and environmental procedures are appropriately applied to all related projects.

1.4 Asset/ Lifecycle Management

Lifecycle management enables Council to plan interventions, whether its maintenance or renewal, at the optimum stage of an asset’s deterioration to enable cost effective extensions of its useful life. There are a number of activities considered in lifecycle management:

· Operations are those activities that have no effect on asset condition but are necessary to keep the asset appropriately utilised.

· Maintenance is the day to day work required to keep assets operating at agreed service levels, and falls into two broad categories: planned (proactive) maintenance is maintenance activities planned to prevent asset deterioration; and unplanned (reactive) maintenance is maintenance activities to correct asset malfunctions and failures on an as required basis (e.g. emergency repairs). Maintenance work is required to maintain the asset’s ability to provide the agreed service level but does not extend the life of the asset. Operations and Maintenance expenditure are considered an “Expense” for Council’s financial accounting purposes. A key element of asset management planning is determining the most cost-effective mix of planned maintenance in order to reduce unplanned maintenance to a minimum.

· Renewal work is the substantial replacement of the asset, or a significant asset component, to its original size and capacity. This work generally aims to return the asset to a condition or state similar to the original asset.

· Replacements (or reconstruction) are those projects that are created for the extension or upgrading of assets required to cater for growth or to maintain or improve on the levels of service.

The Stormwater Drainage Asset Management Plan (SDAMP) 2006 provides a financial forecast for water quality assets in the Shire over a 20 year period. Cumulative operating expenditure identified in the Plan, includes the cumulative operation/maintenance expenditure and asset renewals and upgrades associated with assets reaching their optimum life or age. To ensure responsible financial management the assumptions made in the modelling were very conservative. Hence, both renewal and projected maintenance cost were set at a high level to allow for unforeseen circumstances or unpredictable rises in costs.

The key feature of these financial projections is that it is envisaged that in approximately ten years the opportunity for new capital works across the Shire will steadily decline, resulting in a simultaneous increase in operational and renewal costs. The life cycle analysis modelling of catchment remediation program, as with Council’s Asset Management Plans, will be reviewed at regular intervals to allow for the input of monitoring and knowledge gained over time.

Hornsby Shire Council

Attachment to Report No. EN38/08 Page 359

3.0 Stormwater Treatment Measures

The principal objective of stormwater treatment measures is to improve the quality of stormwater by removing pollutants, including litter, sediment, nutrients and associated bacterial contamination. Stormwater structural treatment measures can be grouped into three categories: primary, secondary and tertiary (Victoria Stormwater Committee, 1999)

Table 3.0 Pollutant sizes and treatment measure (Adapted from Engineers Australia, 2006)

Treatment Category	Treatment process	Typical retained contaminants	Treatment measure
Primary	Physical screening or rapid sedimentation techniques	Gross pollutants and coarse sediment	GPT, sediment basins
Secondary	Finer particle sedimentation and filtration techniques	Fine particles and attached pollutants	Sediment basins, Biofilters
Tertiary	Enhanced sedimentation and filtration, biological uptake, adsorption onto sediment	Nutrients and heavy metals	Wetlands, Biofilters, Stormwater gardens

In 2007/2008, 16 catchment remediation rate capital works projects were completed at a total cost of $957,000. These works involved the construction of 11 sediment basins, four end-of-pipe gross pollutant traps, eight stream remediation projects, one bioremediation basin and six stormwater gardens. These projects are detailed in combination with previously constructed devices across Hornsby Shire (Locations mapped in Figure 1) and are in bold for easy differentiation.

3.1 Gross Pollutant Devices (GPD’s)

Gross pollutants are typically those materials greater than 0.05mm, both degradable and non-degradable, which detrimentally impact physically, visually and bio-chemically on aquatic ecosystems. For the purposes of this report, a gross pollutant device (GPD) can take many forms including traditional gross pollutant traps with trash racks (refer to photo below), litter baskets, nets, pit inserts and underground sumps. Some GPD’s are fabricated to fit specific locations, whereas others are bought off the shelf (proprietary devices). At present over 370 GPD’s have been installed and constructed throughout the Shire.

3.1.1.

Trash Rack, Water St, Hornsby

Trash Racks (21)

Norwood Avenue, Beecroft	Clarinda Street, Hornsby
Berkley Close, Berowra	Malsbury Road, Hornsby
The Gully Road, Berowra	Old Berowra Road, Hornsby
Warrina Street, Berowra Heights	Hamley Road, Mt Kuring-gai
Belltree Place, Castle Hill	Denman Parade, Normanhurst
Woodgrove Road, Cherrybrook	Bellamy Street, Pennant Hills
Odney Close, Cherrybrook	The Comennara Parkway, Thornleigh
Beecroft Road, Epping	Larool Cresent, Thornleigh
Tekopo Road, Glenorie	New Farm Road, West Pennant Hills
Northcote Road, Hornsby	Wilga Street, West Pennant Hills
Water Street, Hornsby

3.1.2. Litter Baskets (10)

Mittabah Road, Asquith	Shepherds and Macquarie Drives, Cherrybrook
Wattle Street, Asquith	Clovelly Road, Hornsby
Sutherland Road, Beecroft	Burdett and Sherbrook Roads, Hornsby
Bambil Road, Berowra	The Comenarra Parkway, Thornleigh
Berowra Waters Road, Berowra Heights	Janet Avenue, Thornleigh

3.2 Gross Pollutant Devices - Proprietary (247)

3.2.1. Net Techs/Pratten Nets/Channel Nets (44)

Stratford Place, Asquith	Gleneagles Crescent, Hornsby
Baldwin Avenue, Asquith	Clarinda Road, Hornsby
Joalah Crescent, Berowra	Sherbrook Road, Hornsby
Ti-tree Close, Berowra	Binya Close, Hornsby
Childrey Place, Castle Hill	Raphael Drive, Hornsby Heights
Kenburn Avenue, Cherrybrook	Pacific Highway, Hornsby Park
Flametree Close (West), Cherrybrook	Parklands Road, Mount Colah
Flametree Close (East) , Cherrybrook	Jessica Place, Mount Colah
Pecan Close, Cherrybrook	Pacific Highway, Mount Kuringai
Glenoak Way, Cherrybrook	Pacific Highway, Mount Kuringai
Alberta Avenue, Cowan	Hinemoa Avenue, Normanhurst
New Line Road, Dural	Brittania Street, Pennant Hills
Ridge Street, Epping	Brittania Street, Pennant Hills
Pembroke & Stanley Road, Epping	Blantyre Place, Thornleigh
Galston Road, Galston Gorge	Blantyre Place, Thornleigh
Burdett Street, Hornsby	Duneba Drive, Westleigh
Rosemead Road, Hornsby	Duneba Drive, Westleigh

Channel Nets, Burdett St, Hornsby Nettech, Pacific Hwy, Hornsby

3.2.2. Underground Vaults (20)

Dudley Street, Asquith	Millbrook Place, Cherrybrook
Gardenia Street, Asquith	Monterey Place, Cherrybrook
Jacinta Avenue, Beecroft	Rosemary Place, Cherrybrook
The Gully Road, Berowra	End Lockyer Place, Dural
Woodcourt Road, Berowra Heights	Pike Road, Hornsby Heights
Dusthole Bay, Berowra Waters	Hunter Street, Hornsby Mall
George Street, Brooklyn	Sefton Road (Council Depot), Thornleigh
Dangar Road, Brooklyn	Dartford Road (Road Reserve), Thornleigh
Foley Place, Castle Hill	Unwin Road, Waitara
Castle Howard Road, Cheltenham	Boyd Avenue, West Pennant Hills

3.2.3. Ski-Jump Litter Traps (4)

Anthony Street , Carlingford	George Street, Pennant Hills
Off Heights Place, Hornsby Heights	Old Northern Road, Wisemans Ferry

3.2.4. Pit Inserts (170)

Beecroft/Carlingford/Epping (35)	Pennant Hills Commercial area, Pennant Hills (4)
Mills Park Tennis Carpark, Asquith	Thornleigh Industrial/Commercial (11)
Wattle Street, Asquith (3)	Thomas and Orara Streets, Waitara (6)
Berowra Waters Road & Pacific Hwy, Berowra (4)	Eucalyptus Drive, Westleigh
Dusthole Bay, Berowra Waters
Brooklyn Road, Brooklyn (5)
Cairnes Road, Glenorie
Hornsby Industrial area, Hornsby (20)
Dural Street, Hornsby (3)
Hornsby CBD (70)
Pacific Highway, Mount Colah
Sue Place, Mount Colah (2)
Denman Road, Normanhurst (2)

Pit Insert, Dural St, Hornsby

3.3 Constructed Wetlands

Natural wetlands are transitional environments between terrestrial and aquatic habitats. They are characteristically shallow environments that are cyclically, intermittently or permanently inundated by fresh, brackish or saline water. Wetlands provide habitat for biota such as emergent macrophytes, macroinvertebrates, amphibians, reptiles and birds which are dependant on the inundation of the wetland.

In managing urban stormwater pollution of natural waterways, constructed wetlands are often built to mimic nature and to achieve improvements in stormwater quality through natural physical and chemical processes. Furthermore, they provide additional benefits through the provision of habitat for aquatic and terrestrial fauna, maximising biodiversity and enhancing aesthetics.

To date, Council has constructed wetlands funded through the Catchments Remediation Rate (CRR) at the following locations:

Lamorna Avenue, Beecroft	Clarinda Street, Hornsby
Midson Road, Beecroft	Clovelly Road, Hornsby
Plympton Road, Beecroft	Laurence Street, Pennant Hills
Brooklyn Road, Brooklyn	Dartford Road, Thornleigh
Hastings Park, Castle Hill	John Savage Crescent, West Pennant Hills
Ridge Street, Epping	Boundary Road, West Pennant Hills (Wallameda)
Sallaway Road, Galston

Midson Rd Wetland, Beecroft

3.4 Sediment Basins

Hornsby Shire Council maintains fifty-nine (59) sediment basins throughout the Shire which have either been constructed under the Catchments Remediation Program.

Council scheduled the cleaning of a number of established basins in 2007/2008. It is important that sediment basins are cleaned at least bi-annually (or at 30% capacity) so as to prevent colonisation of weeds and the release of potentially bio-available contaminants caused by disturbance events (eg. scour and re-suspension).

During 2007/2008, 11 new basins* were constructed at:

Boundary Street, Berowra	Stewart Avenue , Hornsby
Castle Howard Road, Cheltenham (x2)	Murralong Road, Mount Colah
Kirkham Street, Cheltenham (x2)	Nicholas Crescent, Normanhurst
Alberta Avenue, Cowan	Duneba Drive Westleigh
James Henty Park, Dural

*The ten new basins were included in the 59 sediment basins that council currently maintains.

Newly constructed sediment basin, Kirkham Street, Cheltenham

3.5 Stream Remediation

Many creeks become physically degraded when the natural hydrology of the catchment is altered. This most often results in creek bank scour and erosion which is accelerated through processes such as the clearing of riparian vegetation and increased stormwater runoff from impervious surfaces. This degradation can have a detrimental impact on water quality often resulting in an increase in sediment transport and associated sediment bound contaminates.

Aquatic flora and fauna are impacted through a loss of habitat, increased competition with weeds, poor light penetration into the water column due to increased turbidity levels and smothering of benthic organisms with increased sedimentation.

In the remediation of a degraded section of stream the following techniques are used:

· Creek bank stabilisation - Typically using locally sourced sandstone boulders that prevent the creek bank from eroding any further, and provide habitat for fauna and flora on the rock surface and in cracks between rocks. A variety of softer creek bank armouring strategies are also incorporated, including the pinning or staking of jute mesh/matting, woven blankets, fallen logs and chain-wire mesh. These approaches are often combined with native plant cells or tubestock.

· Meanders - To aid in the reduction of flow velocities during storms.

· Riffle zones and natural rock fall structures - Are used to provide in-stream habitat, stabilise the creek bed, aerate the water and allow maximum UV light treatment from sunlight to destroy faecal bacteria.

· Pool zones - Are incorporated to create habitat for fauna and macrophytes and to dissipate flow velocities which allows sediments to drop out for later removal.

· Revegetation of riparian zone - This zone is planted with indigenous native tubestock to improve habitat, enhance faunal corridors and vegetation links, provide a food source for both terrestrial and aquatic organisms and to stabilise the banks.

· Stabilising stormwater outlets - Rock armouring around stormwater outlets reduces erosion and scour caused by high flows.

Sites that have undergone stream remediation since implementation of the Catchments Remediation Program have been summarised in Table 3.1. In 2007/2008, eight (8) new sites underwent creek remediation works in the suburbs of Cheltenham, Berowra, Normanhurst, Westleigh, Hornsby and Mount Colah and are highlighted in bold.

Creek remediation works, Duneba Drive, Westleigh

Table 3.1 Stream Remediation Projects in the Hornsby Shire

Berowra Creek Catchment	Lane Cove River Catchment

Berowra – Boundary Street	Beecroft – Fearnley Park
Castle Hill – Hastings Park	Beecroft – Lamorna Avenue
Cherrybrook – Woodgrove Road	Beecroft – Midson Road
Hornsby – Clarinda Street	Beecroft – Norwood Avenue
Hornsby – Reddy Park	Beecroft – Plympton Road
Hornsby – Stewart Avenue	Beecroft – Ray Park
Hornsby Heights – Heights Place	Carlingford – Anthony Street
Mount Colah – Murralong Road	Cheltenham – Castle Howard Road
Mount Colah – Parklands Road	Cheltenham – Kirkham Street
Pennant Hills – Laurence Street	Epping – Kent Street
West Pennant Hills – John Savage Crescent	Epping – Ridge Street (west)
West Pennant Hills – Wilga Street	Normanhurst – Hinemoa Avenue
Westleigh – Duneba Drive	Normanhurst – Nicholas Crescent
Westleigh – Eloura Road	Pennant Hills – Orchard Street
	Thornleigh – The Comenarra Parkway
Cowan Catchment	Epping – Ridge Street (east)
Hornsby Ck – Sherbrook Road	Epping – Pembroke Road
	Epping – Stanley Street
Hawkesbury River Catchment	Cherrybrook – Flametree Crescent
Brooklyn – Brooklyn Road

In addition, the majority of gross pollutant devices discussed in this report also incorporate some stream remediation to stabilise banks around the devices and improve habitat immediately up and downstream.

Although the environmental benefit of stream remediation works is difficult to quantify, the works provide a significant benefit in terms of a reduction in erosion and associated sediment loads moving to the lower reaches of the creeklines and receiving waters, improved native riparian and aquatic habitat and enhanced visual aesthetics.

3.6 Bioremediation Basin - Castle Howard Road, Cheltenham

In March 2008, Council began work on a bioremediation system in Cheltenham to treat urban stormwater to a tertiary level. The system encapsulates the “treatment train” approach by combining the use of a GPD, porous piping and bioremediation basin.

Gross pollutant device: To ensure optimal performance and prevent clogging of the system a CDS^â Unit has been installed. This unit uses vortex forces to remove larger refuse and sediment, which is stored in an offline sump, before delivering stormwater to the bioretention basin.

Text Box: A representation of a Rocla CDSâ unit (Rocla, CDSâ Technologies, 2007). Porous piping: After leaving the CDS unit, stormwater (free of gross pollutants) is directed into specially designed porous concrete pipes. Stormwater exfiltrates (leaks) through the permeable walls of the pipe into the surrounding substrate filter media. During this process mechanical filtration takes place. Furthermore, biofilms develop within the porous pipes system which assists by digesting pollutants, such as organics and nutrients.

Text Box: Porous piping (HydroConâ ) formed part of the treatment train

Bioremediation basin: When the exfiltration capacity of the pipes is reached (that is, water is coming in faster than it leaks out) then the stormwater will surcharge (back–up) into the basin itself and percolate vertically down through the vegetation and filter media. Both the vegetation type and filter media (loamy sand) have been specified to comply with the latest findings from current research to maximise the treatment performance of the bioremediation basin. While the concept is simple thousand of hours of research, both nationally and internationally, have gone into determining the most favourable specifications.

High flow by-pass: The system also has a high flow diversion channel installed to redirect high stormwater flows that may damage or erode the filter media and vegetation from the system.

As this is the first system of this specific design configuration to be constructed in Hornsby Shire Council it is planned to undertake sampling up and downstream of the basin to determine its effectiveness at reducing pollutant concentrations. This will be done using automated samplers that provide the ability to sample stormwater from rain events before and after stormwater has passed through. Results from this sampling program will be used to determine whether similar systems will be installed elsewhere throughout the Shire. They will also add to a growing database of work being done nationally on the development of best practise stormwater quality management. Furthermore, the site will be used as a demonstration site to educate other local governments and the general community in the benefits of bioremediation in treating stormwater.

3.7 Stormwater Gardens - Turner Road, Berowra

In June 2008, Council completed the installation of six stormwater gardens on Turner Road, Berowra. These systems (also known as biofilters or bioremediation systems) have been demonstrated to be effective at-source structural stormwater pollution control measures (Fletcher et al 2005).

Stormwater flows over the vegetated area and slowly percolates through the filter media. Pollutant removal is achieved though the interface of the vegetation and filter media as a result of enhanced sedimentation in the vegetation zone, mechanical filtration, sorption and other chemical processes in the filter media and plant and biofilm uptake of pollutants (Hatt et al 2006). An underdrain collects the treated water and delivers it to existing stormwater infrastructure.

One of the six stormwater gardens installed on Turner Road, Berowra (Illustration reproduced courtesy of Brisbane City Council)

3.8 Developer Constructed Devices

Hornsby Shire Council currently requires developments greater than 2500 square metres in area to provide permanent stormwater quality treatment devices on or adjoining their subject sites. Developers are conditioned by Council to also provide maintenance during the construction phase in accordance with an approved Asset Maintenance Plan. Following completion of the development, two scenarios can result:

1. Developer Constructed, Council Maintained

These devices were installed by Developers as a condition of development consent (usually Torrens Title) and have been taken over by Council to maintain after which 80% of the lots have had dwellings erected and occupied. Council will usually seek a financial contribution from the developer towards operating and life cycle costs.

2. Developer Constructed, Community Association Maintained

These devices have also been installed by Developers as a condition of development consent and either, continue to be maintained by developers in the short term or are the responsibility of the body corporate to maintain under Community or Strata Title.

Council currently keeps a record of these stormwater quality assets in order to ensure all maintenance complies with the consent conditions post-occupation. Council usually reaches a mutual agreement with developers to take over the basins as Council assets, in return for a sum of money which has been estimated to sustain the maintenance of basins over a 20 year life cycle.

Listed below are sites where developer built wetlands and sedimentation basins required have been constructed as a condition of development consent. It should be noted that only the Shepherds Drive, Cherrybrook and Sydney Road, Hornsby Heights constructed wetlands are currently under the care, control and management of Council. The remaining wetlands are managed by Community Associations or developers under approved Plans of Maintenance.

Summer Hill Way, Berowra	The Outlook, Hornsby Heights
Foley Place, Castle Hill	Kalang Road, Mount Colah
Shepherds Drive, Cherrybrook (The Lakes)	Huntingdale Way, Thornleigh
Millstream Grove, Dural	Wild Ash Avenue, Thornleigh
Sydney Road, Hornsby Heights	The Sanctuary, Westleigh

Hornsby Shire Council

Attachment to Report No. EN38/08 Page 370

4.0 PERFORMANCE EVALUATION AND COSTS

4.1 Rainfall measurement

Daily rainfall data is obtained from the Bureau of Meteorology at nine sites across the Shire. This data is used to examine the relationships between total yields of gross pollutants and rainfall. In 2007/2008 the Hornsby Council area recorded above average annual rainfall and was subject to a high proportion of large rainfall events (Refer to Appendix A for statistical data). This explains the comparative increase in yields referred to in following section.

4.2 Performance of Gross Pollutant Devices

4.2.1 Pollutant Removal Trends

The collection of performance data over the 2007/2008 financial year has allowed Council to examine the indicative maintenance costs and gross pollutant removal trends for the 370+ water quality improvement devices in the LGA. The results indicate that in 2007/2008 the gross pollutant devices have served to remove approximately 1236 cubic metres of sediment, litter and organic matter from the Shire’s waterways. These volumes were large and can be best explained by two anomalies:

1. The above average rainfall that resulted in greater volumes of pollutants being mobilised and captured (refer to figure 4.3); and

2. The higher than normal sediment and organic yield resulting from the cleaning out of a number of sediment basins and the dredging of the Lakes of Cherrybrook (150m³). As a result, sediment volumes accounted for approximately 48% of the total pollutant load captured, litter 5% and organic matter 47%.

The following series of figures examine the performance of GPD’s in 2007/2008 and against previous years.

Figure 4.1: The relationship between average monthly volume of gross pollutants and average monthly rainfall.

When pollutant volume is analysed against average annual rainfall all three categories of gross pollutants are mobilised and captured after only 10 mm of rainfall, evident on the graph by the steep rise in the curve. This phenomenon is referred to as the “first flush” effect, after which the volume captured continues to rise at a much slower rate in relation to rainfall volumes.

It can be seen that the load of litter recovered from all devices over the period is fairly consistent for all size rainfall events (indicated by the flat dotted line). This is most likely due to the fact that litter is readily mobile and floatable in the formal drainage system (curb, gutter and pipes) and most of it will be flushed and collected in downstream GPD’s, even in small rain events. However, the fact that the curve for sediment is steadily climbing, proportional to rainfall, illustrates that after the initial flush the transport of sediment is directly proportional to stormwater volumes and associated energy.

Figure 4.2: Volumes of pollutants removed from GPD’s (2007-2008)

The actual volume of pollutants removed from month to month varied greatly in the 2007-2008 period. A clear correlation between monthly removal rates and rainfall cannot be made due to: 1) variable lag times between rainfall events and cleaning events, and 2) the disproportionally high volumes removed from sediment basins and wetlands which are in addition to regular cleaning events.

However, a strong correlation is found between rainfall and pollutant yield from Council’s GPD’s when viewed annually, as shown in Figure 4.3. With increased rainfall there is increased stormwater run-off into Council’s drainage system that results in pollutants being mobilised, transported and trapped by GPD’s.

Figure 4.3: Pollutant volume removed from GPD's against average annual rainfall over the last three years

Figure 4.4 Prediction of annual gross pollutant rates using landuse area.

Hornsby Shire Council is now at a stage where the data gathered from the various gross pollutant devices can be used to predict the annual gross pollutant (export) rates on the basis of landuse. Figure 4.4 shows how the annual export rate of pollutants exponentially increases with the amount of catchment that is urbanised (excludes bushland/open space). This information can be used when planning for future devices, in terms of expected export rates and known device capabilities. Stormwater managers can then compare actual pollutant export rates with the predicted values in order to gauge the efficiencies of devices through time.

The high frequency of Hornsby Council’s inspection and cleaning of the devices combined with the unique trap designs for ease of maintenance, ensures that the pollutant trapping efficiency is optimum for each storm event and that materials do not decompose or stagnate causing additional problems with the release of pollutants into the water column.

4.2.2 Maintenance Costs

The total cost to Council to maintain its water quality assets and adjacent landscaped areas was approximately $347,000 in the 2007/2008 financial year ($257,000 for cleaning/maintenance, $90,000 for landscaping/vegetation maintenance). This cost included device inspections, cleaning and desilting, material processing for reuse, disposal of litter to landfill, asset maintenance and repair, landscape maintenance and weed control in and around assets and maintenance of leachate treatment and reuse facilities. However, the higher than expected costs were as a result of two one-off maintenance projects:

· Remediation of Mt Colah stockpiling site: $87,000 (Refer to section 4.4 for further detail);

· Dredging of Lakes of Cherrybrook: $45,000

Table 4.0 presents the averages in terms of capital investment and operational cost for individual basket, trash rack and proprietary devices from the period June 2001-June 2008. The average annual installation and maintenance cost per hectare of catchment for proprietary traps is still quite high in comparison to the traditional trash racks and baskets. However, the proprietary devices average annual capture per hectare offsets these higher costs by being superior to the traditional devices, mainly as a result of their closer proximity to the pollutant source.

Table 4.0 GPD Comparative Costs from July 2001 - June 2008

Device	Average Clean Cost $	Average Annual Maintenance Costs $/yr *
Trash Rack (n=21)	200	1,466
Large Trash Basket (n=10)	92	631
Proprietary Device (n=58)	143	2079
Pit inserts (n=170)	17	203

4.2.3 Dredging Lakes of Cherrybrook

In March 2008, as part of the CRR maintenance program, Council initiated dredging works at the Lakes of Cherrybrook. This activity involved the removal of depositional material (organic matter and sediment) from the upper and lower ponds. Contractors dredged the lower pond using a walking excavator and trucks. Sediment plumes on both the tributaries to the upper pond were removed in a less invasive manner through the use of eduction trucks.

The dredging works form part of an overall water quality and ecological improvement initiative for the lakes embarked upon under the CRR program in 2008. Other components of the initiative proposed in 2008/2009 include:

· Installation of aerators in both ponds to increase dissolved oxygen levels, enhance water quality and hopefully reduce the prevalence and severity of Botulism outbreaks.

· Deployment of rafted reedbeds in the lower pond, which act as floating wetlands and provide high levels of water quality treatment.

· Planting of native aquatic plants at the interface between water and land to enhance water treatment, stabilise banks and provide habitat.

Contractors removing dredge spoil, Lakes of Cherrybrook Lower pond after dredging, Lakes of Cherrybrook

4.3 Wetland Performance

4.3.1 Pollutant Removal Trends and Costs

A summary of wetland related annual costs and monitoring data is contained in Table 4.2. The average maintenance cost for Council’s major wetlands is calculated at $3,035 per site per year (or 1.6% of the average capital cost).

The size of catchments draining to these constructed wetlands ranges from 15-400 hectares. The average pond surface area to catchment area ratio calculates at 0.23% which is below the minimum design size recommended by DLWC (1998) of 2% of the catchment area. It should be noted that this recommendation does not account for the variability associated with different catchment land uses, pollutant loads, peak flows, topography and soils. It is best used to determine preliminary wetland feasibility. Because the nature of Hornsby Shire is so topographically constrained (ridge top development that does not afford large areas for wetland construction) and contains significant remnant bushland, the wetland feasibility threshold is much lower than average.

Water quality monitoring of five separate systems managed by council over the past 10 years has shown that levels of total nitrogen, phosphorus, suspended solids and faecal coliforms are significantly reduced under base flow and small storm flow events. Monitoring results are based on both grab and load-based samples (and multi-probe analytes) obtained by Council over multiple rainfall events and inter-events.

Two wetland sites were monitored during 2007-2008 period (Refer to the Water Quality Annual Report 2007/2008 fro statistical analysis). Sampling was not undertaken during large stormflow events. Clarinda Wetland was removing on average approximately 40% of Total Nitrogen and Oxidised Nitrogen, 50% Ammonium Nitrogen, 60% Faecal Bacteria and 30% Suspended Solids. Cherrybrook Lakes was found to be removing approximately 60% Total Nitrogen, Ammonium Nitrogen and Oxidised Nitrogen, 40% Phosphorus and 70% Faecal Coliforms. However, there was an average increase of Suspended Solids from 5 to 6.8 mg/L., probably resulting from an increase of algae and organic debris in the open water bodies and a nett decrease in dissolved oxygen in water flowing out of both wetlands, indicating oxygen was taken up by microbial and vegetative materials in the deeper still waters.

Table 4.2 Constructed Wetland annual costs and monitoring records to date.

Wetland	Capital Cost $ (Year)	Pond Surface Area (m²)	Pond Surface Area to Catchment Area (%)	Cost per m² of pond ($/m²)*	Average Annual Maint. Cost² ($/yr)	Monitoring Data (year/s)
Laurence St, Pennant Hills	135,000 (1996)	225	0.06	619	4,227	June 1995 – June 2002
Boundary Rd, West Pennant Hills	288,000 (1996)	1875	0.14	158	7,761³	August 1998 – June 2002
Plympton Rd, Beecroft	305,000 (2000)	350	0.06	875	1,187	November 99 – June 2002
Brooklyn Rd, Brooklyn	46,000 (1997)	205	0.26	231	1,304³	Nil
Clovelly Rd, Hornsby	117,000 (1999)	210	0.02	561	819	Nil
Sallaway Rd, Galston	36,000 (2000)	190	0.01	193	664	Nil
Clarinda St, Hornsby	241,000 (2001)	1550	0.82	160	6,227³	July 2002 – current
Hastings Park, Castle Hill	445,000 (2002)	1500	0.60	300	5,054	July 2001 – August 2003 grab & load
Midson Rd, Beecroft	252,000 (2003)	1220	0.03	208	2,121³	Nil
John Savage Cres, West Pennant Hills	203,000 (2004)	1050	0.09	194	1,073³	Nil
Lamorna Ave, Beecroft	134,000⁴ (2005)	400	0.44	347	4,946	Nil
Dartford Rd, Thornleigh	80,000 (2006)	250	2.27	324	1036	Nil
Mean	190,000	752	0.4	348	3035	NA
1 Includes monthly grab sampling (wet/dry) and probe (total of 13 parameters). Analysis by NATA lab 2 Includes weeding/spraying, sediment/rubbish/debris removal, planting/mulching and replacement and reporting (excludes volunteer Bushcare labour) 3 Volunteer Bushcare present onsite 4 Capital costs incorporates up to 100m of stream remediation *Cost/m² of pond is calculated using capital cost and average annual cost/year

4.4 Material Disposal and Reuse

The CRR maintenance program aims to reduce the quantity and cost of disposing of recovered material to landfill by reuse and recycling within the LGA. This activity has been undertaken by Council for a number of years and is seen as being ecologically and financially sustainable.

However, due to the increasing volumes that were being removed from GPD’s in 2007/2008, due to above rainfalls the amount of material that needed to be stored and mechanically sorted was becoming too large to be accommodated at the designated site in Mt Colah. Therefore, the decision was made in early 2008 to cease this activity until a more suitable site could be sourced and established. The Mt Colah site was cleared of all residual material and remediated at a cost of $87,000.

Until a future site is found, Council will incur ongoing disposal costs for GPD material in excess of $120,000 per annum based on extraction and disposal volumes from the previous two years. This cost is up to 80% more than is required when we are able to sort and reuse the material within the LGA. Furthermore, the material is now being exported to landfill sites outside of the Shire. This position is neither ecologically or financially sustainable, therefore Council staff will be pursuing all avenues to source a suitable site for material sorting and stockpiling.

Hornsby Shire Council

Attachment to Report No. EN38/08 Page 382

8.0 CONCLUSIONS

This report has aimed to provide quantitative data and analysis of the relative performance of different water quality control measures, including gross pollutant devices, sediment basins, wetlands and bioremediation systems that have been constructed to improve stormwater quality in Hornsby Shire. The results of the report can be used by stormwater and catchment managers to provide a better insight into determining the type of structure and suitability for specific sites. Furthermore, the data provides valuable information about the costs (both capital and maintenance), benefits and device optimisation which can aid in the formulation of strategies to improve catchment/landuse practices by both structural and non-structural means.

Overall, the findings of this report should give stormwater managers a better insight into the cost-effectiveness and performance of water quality improvement structures and the management of life-cycle costs for individual stormwater quality assets. The performance of these devices has allowed Council to both refine and modify future designs, and judge their appropriateness to proposed remediation sites based on catchment size and land use impacts.

9.0 REFERENCES

Brisbane City Council (2006). Water Sensitive Urban Design – Technical Design Guidelines for South East Queensland. Version 1 released June 2006.

Collins, A. (2005). Stormwater Reuse Issues and Experiences – Hornsby Shire Council. Stormwater Industry Association 2005 Regional Conference, Port Macquarie, NSW, 20-22 April (12pp).

Cooperative Research Centre for Catchment Hydrology (2003). Model for Urban Stormwater Improvement Conceptualisation (MUSIC). Version 2 released December 2003.

DLWC (1998). The Constructed Wetlands Manual – Volumes 1&2.

EPA (1999). Environmental Guidelines: Assessment, Classification and Management of Liquid and Non-Liquid Wastes.

Engineers Australia (2006) Australian Runoff Quality Engineers Media

Hatt, B et al (2006) Filter media for stormwater treatment and recycling: the influence of hydraulic properties of flow on pollutant removal Water, Science and Technology IWA Publishing

Hornsby Shire Council (1997). Catchments Remediation Program Five Year Plan (Revised Edition). Report prepared by The Water Catchments Team.

Hornsby Shire Council (2002). Catchments Remediation Capital Works Annual Performance Report 2001/2002. Prepared by The Water Catchments Team, October 2002.

Hornsby Shire Council (2005). Annual Water Quality Monitoring Report 2006/2007. Prepared by The Water Catchments Branch, October 2007.

Hornsby Shire Council (2006). Draft Stormwater Drainage Asset Management Plan. Prepared by the Water Catchments and Assets Branches, May 2006.

Microclimate (2006) Annual Progress Report for major CRR Wetlands. July 2006.

Rocla CDS^â Technologies Pty Ltd, Gross Pollutant Traps Product Brochure, November 2007.

University of Technology, Sydney (2004). Environmental Assessment of HydroCon Stormwater Infiltration Systems at Hornsby. Faculty of Engineering.

Victoria Stormwater Committee (1999). Urban Stormwater: Best practise environmental management. CSIRO

WBM Oceanics (2005). Maintenance Guidelines for Stormwater Treatment Measures. Final Report January 2005. Prepared for Hornsby Shire Council under NSW Stormwater Trust funding.

Appendix A: Rainfall data for Hornsby LGA

Location and Sources of Rainfall Data (BOM 2008)

Monthly/Annual Rainfall For Hornsby Shire (mm)
Location and BOM Station No.s	W. Pennant Hills 67089	Berowra 67052	Carlingford 66185	Mt Kuring-gai 61119	Maroota 567063	Dural 67086	Glenorie 67010	Brooklyn 66008	Pennant Hill 66047	Wisemans Ferry 61119	Monthly Average
Jul	36	28	37	22	30	37	24	34	41	20	31
Aug	140	169	152	129	149	120	108	140	141	139	139
Sep	38	9	37	32	38	30	33	51	39	25	33
Oct	20	129	39	69	10	18	18	40	36	7	38
Nov	155	168	198	140	121	155	145	158	172	154	157
Dec	142	70	220	145	204	192	199	232	221	163	179
Jan	89	182	80	100	#	86	91	109	92	163	110
Feb	245	156	249	168	#	265	187	221	267	196	217
Mar	80	31	64	83	#	52	72	72	81	39	64
Apr	99	115	115	#	#	108	74	198	142	156	126
May	3	121	121	#	#	8	27	7	5	0	36
Jun	133	#	27	#	#	134	138	161	165	107	124
TOTAL	1179	1205	1338	886	550	1204	1116	1423	1402	1169	NA

# Missing data (average does not take missing data into account)

Average rainfall and average number of days exceeding 10mm and 50mm of rain for 6 sites across the Shire 2007/2008. (Note: Figures in brackets are for 2006/2007)

Month	Average Monthly Rainfall (mm)	Average No. of Days >10mm rain	Average No. of Days >50mm rain
Jul	31	2 (0)	0 (0)
Aug	139	2 (4)	2 (0)
Sep	33	1 (1)	1 (1)
Oct	38	1 (5)	0 (0)
Nov	157	7 (0)	1 (0)
Dec	179	7 (1)	2 (0)
Jan	110	4 (1)	0 (0)
Feb	217	8 (4)	1 (0)
Mar	64	2 (5)	1 (1)
Apr	126	5 (4)	1 (0)
May	36	4 (1)	0 (0)
Jun	124	6 (9)	3 (2)
Total	1253	50 (35)	13 (4)

# Missing data (average does not take missing data into account).

Hornsby Shire Council

Attachment to Report No. EN39/08 Page 386

Hornsby Shire Council Community Nursery

Yearly Report for 2007-2008

Table of Contents

1.0 EXECUTIVE SUMMARY. 3

2.0 OVERVIEW.. 4

3.0 VOLUNTEER AND PLANT PRODUCTION STATISTICS. 5

3.1 Nursery Volunteer Program.. 5

3.2 Plant Production. 5

4.0 NATIVE PLANT DISTRIBUTION. 6

4.1 Bushcare Program.. 6

4.2 Other Council Programs and Plant Recipients. 7

5.0 ACHIEVEMENTS AND NURSERY IMPROVEMENTS. 9

5.1 Achievements. 9

5.2 Nursery Facility Improvements. 9

List of Figures

Figure 1. Bushcare plants 2007-2008 by Catchment or Area (Total 4329) 6

Figure 2: Total distribution of plants by customer area. 7

Figure 3: Distribution of plants across Hornsby Shire. 8

List of Tables

Table 1: Volunteer Hours. 5

Table 2: Plant sales to Council projects and associated environmental programs. 7

Table 3: Breakdown of plants by customer and area. 8

1.0 EXECUTIVE SUMMARY

Hornsby Shire Council’s Community Nursery is an integral part of the Hornsby Bushcare Program. The nursery operates within the Bushland and Biodiversity Team of the Environment Division of Hornsby Council.

The nursery aims to showcase best practice operations across the wider community. This is achieved through many initiatives including full water recycling system capturing on site runoff rainfall, solar power, minimal waste production, recycling of materials and a low chemical reliance.

To emphasise this commitment to environmental sustainability the nursery was awarded in the prestigious Yates Nursery & Garden Industry Awards for the Environment Category Award for the State of NSW (2008).

Awareness of nursery facility across the broader Hornsby Shire community has increased markedly in the past financial year. This is highlighted by the increase in the numbers of plants given out at the Community Nursery & Environmental Information Open Days during this timeframe. Numbers this year were up 80% on the previous year to a total of 3522 plants distributed to residents.

Other popular community events have also increased considerably; National Tree Day this year saw 49% more plants go into the ground over the previous year.

The nursery also continues to foster relationships with other councils and industry professionals including tours conducted for Leeton Shire Council, North Sydney Council, Fairfield Council, Sydney Harbour Federation Trust and an ongoing educational partnership with Northern Sydney Institute of TAFE Ryde College.

2.0 OVERVIEW

The Hornsby Community Nursery aims to provide native plants to the Hornsby Shire through Community programs such as the Bushcare Volunteer Program, Community Open Day/giveaway days, Rural Lands Incentives Program, Gardens for Wildlife, citizenship ceremonies, schools, community groups and a variety of environmental workshops, events and activities across the Shire including National Tree day.

The nursery also provides provenance native stock to bushland restoration projects such as the bush regeneration program, Catchments Remediation Rate (CRR) devices, parks projects (Fagan Park Rural Sports Facility) and other projects that are run within Council’s core business.

The nursery aims to encourage the community to learn about the values of native plants, for biodiversity conservation goals, and to support Councils projects with the provision of sound environmental restoration techniques and technical advice to Council and associated project staff.

The nursery operates under the main outcomes of the Hornsby Biodiversity Conservation Strategy, the Environmental Education Strategy and Bushland Education Strategy and the Bushland and Biodiversity Team Action Plans.

The nursery operates on a budget of $16K (operational) per annum and aims to achieve an income of $15K per year to support the ongoing maintenance of the site and required resources. The nursery operates under the Bushland and Biodiversity Community Programs Team, with one full time Nursery Co-ordinator, and over 35 dedicated volunteers.

The nursery achieved accreditation with the NIASA (Nursery Industry Accreditation Scheme Australia) complying with strict standards of environmental best practice nursery management. It has maintained accreditation since 2005, and aims to continue accreditation as a showcase of best practice to other nurseries across NSW. The Hornsby Community Nursery was the first local government run nursery to achieve this accreditation.

The information recorded in this report is for the financial year 2007-08, and illustrates the various areas that the nursery operates.

3.0 VOLUNTEER AND PLANT PRODUCTION STATISTICS

3.1 Nursery Volunteer Program:

Table 1: Volunteer Hours

VOLUNTEER HOURS	VOLUNTEER HOURS WITHIN THE NURSERY
Number of vol hours –Bushcare (Sat & Wed)	1985
Wednesday Volunteers (339 total individual participant visits by 17 people)	1488.5
Saturday volunteers (159 total individual participant visits by 14 people)	496.5
Number of volunteer hours –RLIP: hours	138.5 (incl. in above figs)
Other volunteers hours (Greencorp, School groups)	94
TOTAL HOURS	2079
NO. VOLUNTEERS
Active volunteers for the year: (17 on Wed: 14 on Sat)	31
New Volunteers joined Program:	11

3.2 Plant Production

Production

Seed lots collected: 185

Number of seed lots propagated: 311

[Provided 89% of total production]

Number of cuttings propagated (& no. of spp.): 6500 (109)

[Provided 11% of total production based on an average 75% cutting strike rate]

Total Number of tubestock produced July 2007-June 2008: 32397

Plants Supplied

Total Plants Dispatched for Year:

25115 (1655 pending to go out in July) Grand Total: 26770

Total number of residents that received plants through Nursery Open Days and Community Fun Days: Grand Total: 4062

Square metres revegetated * Grand Total: 25,112 m2

*Based on an average of 1 plant per square metre

4.0 NATIVE PLANT DISTRIBUTION

4.1 Bushcare Program

The Bushcare program is one of the main community programs that relies on the nursery for on site maintenance of volunteer restoration sites. Volunteers are trained in the appropriate use of native plants for revegetation purposes, and are asked to submit a plant order form to assist the Nursery Co-ordinator to propagate and prepare appropriate plant species. Details below highlight where revegetation occurs within the Shire through this program.

Figure 1 shows the distribution of indigenous plants across HSC broken down into catchments and regional sub areas relevant to the Bushcare program only. A total of 61 Bushcare sites received plants from the Community Nursery this financial year, this represents 45% of the total number of Bushcare sites across the Hornsby Shire. The Lane Cove River catchment encompassing the suburbs of Beecroft, Cheltenham, Epping and along the east side the of Pennant Hills Road ridgeline; Pennant Hills, Thornleigh and Normanhurst used the majority of plants for revegetating poor to medium quality bushland (1993) across 24 Bushcare sites. The strong and active commitment by volunteers in the Bambara bushland corridor aiming to enhance fauna habitat accounted for a lot of these plants.

The upper Berowra Ck catchment covers the suburbs of Cherrybrook, West Pennant Hills, small areas of Castle Hill and southern Dural then includes west of the Pennant Hills Road ridgeline; Pennant Hills, Thornleigh, Westleigh, Normanhurst and Hornsby. This area received 1120 plants, where there is less activity within the HSC Bushcare program.

Figure 1: Bushcare plants 2007-2008 by Catchment or Area (Total 4329)

4.2 Other Council Programs and Plant Recipients

Table 2: Plant sales to Council projects and associated environmental programs

Customer	No. of plants	$
Bushland Management Operations	5866	8212.40
Bushcare	4329	NIL
Open days; plants to private property	4062	NIL
Catchment Remediation Rate projects	2600	3640.00
Other	2064	1843.15
Donations	1757	NIL
Rural Land Incentive Program	1398	1677.60
National Tree Day (2007)	1184	NIL
Citizenship	1080	1512.00
Parks	705	987.00
Works Division	70	98.00
TOTALS	25115	$17,970.15

Figure 2: Total distribution of plants by customer area

Figure 3: Distribution of plants across Hornsby Shire

Table 3: Breakdown of plants by customer and area

Bushland Management Operations 5866		Open Days 4062		Rural Land Incentive Program 1398
Lane Cove River Catchment	840	Lane Cove River Catchment	798	Lane Cove River Catchment
Upper Berowra Ck	2041	Upper Berowra Ck	949	Upper Berowra Ck
Lower Berowra Ck	1120	Lower Berowra Ck	1621	Lower Berowra Ck
Cowan Ck Catchment	780	Cowan Ck Catchment		Cowan Ck Catchment
Brooklyn/Dangar	520	Brooklyn/Dangar	90	Brooklyn/Dangar
Rural areas	565	Rural areas	324	Rural areas	1398
Extras		Extras	280	Extras
Bushcare 4329		Other 3214		National Tree Day 1184
Lane Cove River Catchment	1993	Lane Cove River Catchment	307	Lane Cove River Catchment	118
Upper Berowra Ck	1120	Upper Berowra Ck		Upper Berowra Ck	150
Lower Berowra Ck	795	Lower Berowra Ck	390	Lower Berowra Ck
Cowan Ck Catchment	181	Cowan Ck Catchment		Cowan Ck Catchment	40
Brooklyn/Dangar	40	Brooklyn/Dangar	300	Brooklyn/Dangar	416
Rural areas	200	Rural areas	40	Rural areas	320
Extras		Extras	2177	Extras	140
Parks 705		Donations 1757		Catchment Remediation Rate 2600
Lane Cove River Catchment		Lane Cove River Catchment	100	Lane Cove River Catchment	1160
Upper Berowra Ck	175	Upper Berowra Ck	129	Upper Berowra Ck	1000
Lower Berowra Ck	500	Lower Berowra Ck	100	Lower Berowra Ck	440
Cowan Ck Catchment		Cowan Ck Catchment	30	Cowan Ck Catchment
Brooklyn/Dangar		Brooklyn/Dangar		Brooklyn/Dangar
Rural areas	30	Rural areas	121	Rural areas
Extras		Extras	1277	Extras

5.0 ACHIEVEMENTS AND NURSERY IMPROVEMENTS

5.1 Achievements

· July 2007 water recycling tour for Leeton Shire Council

· July 2007 Nursery Accreditation through Nursery Industry Accreditation Scheme, Australia (NIASA) continued

· July 2007 49% increase in National Tree Day (NTD) plants over 2006 NTD

· August 2007 Vegetation communities training by ecologists Smith & Smith

· August 2007 Nursery Bushcode undertaken

· September 2007 Amber Perez utilising nursery facilities for Fire Ecology PhD through University of Wollongong

· September 2007 Ryde TAFE nursery tour for Cert III Conservation and Land Management

· September 2007 Successful Open Day Area 2 south - 700 plants

· October 2007 Nursery awarded Yates Nursery & Garden Industry Award for Environment Category

· October 2007 Florabank Training for National Seed Collection Accreditation

· November 2007 Seed workshop undertaken for Australian Association of Bush Regenerators (AABR)

· November 2007 Nursery tour for all senior management of Hornsby Shire Council

· December 2007 Successful Open Day for Renters of Hornsby Shire Council

· January 2008 Grasses & Groundcovers workshop delivered

· January 2008 Leucopogon lanceolatus mass germination

· February 2008 Nursery tour for North Sydney Council

· February 2008 Nursery tour for Fairfield City Council

· February 2008 Nursery propagation workshop for Hornsby Environmental Network for Schools (HENS).

· March 2008 Vegetation communities workshop delivered

· March 2008 Loan of plants to Easter Show for combined council’s Bushcare stall

· March 2008 Successful Open Day for Area 2 north - 819 plants

· March 2008 Participation in inaugural EcoFair 565 plants distributed

· April 2008 Repeat delivery of grasses & groundcovers workshop

· April 2008 Successful Open Day for Area 3 - 1621 plants

· April 2008 Scientific license for propagule collection re issued

· May 2008 Nursery tour for Sydney Harbour Federation Trust

· May 2008 Afternoon tea for Bushcare/Nursery volunteers

· May 2008 Greening Australia ACT Provenance workshop

· June 2008 New Greencorp team commenced at nursery

5.2 Nursery Facility Improvements

· November 2007 7 new benches purchased for Station 4 (Grasses area)

· January 2008 New seed bag labels created

· April 2008 Cutting propagation spreadsheet created to guide best months for propagation

· April 2008 Nursery work plan initiated

· June 2008 Create a Native Garden Guides updated and printed

· June 2008 Drainage holes fitted to Plant Growing Media (PGM) bay

· June 2008 Station 2 roof cleaned substantial increase in light and heat retention

· June 2008 Gravel re-laid in Station 6 by Bushland crew

Hornsby Shire Council

Attachment to Report No. WK63/08 Page 448

Report Summary

PROPERTY Lot 197 and Lot 216 in Deposited Plan 752048 Galston Road, Galston.

OWNER The Crown and managed by Hornsby Shire Council.

DATE OF

ASSESSMENT 25 August 2008.

BASIS OF

ASSESSMENT In accordance with Section 55 of the Land Acquisition (Just Terms Compensation) Act, 1991 ‑ all heads of compensation to be considered.

COMMENTS The subject property is located on the western side of Galston Road Galston just to the south of the intersection with Mid–Dural Road. The property forms part of a public open space area known as Galston Park. Galston neighbourhood shopping centre is situated about a kilometre to the north of the property. The property is situated some 36 kilometres north west of the Sydney CBD. The property is traversed by some existing transmission lines and the property also includes existing unsealed fire trails. The surrounding development predominantly comprises rural-residential properties as well as Galston high school opposite and Sydney North Electricity Substation to the rear.

The land is zoned Open Space A (Public Recreation – Local) Zone under the Hornsby Shire Local Environmental Plan 1994 (as amended).

The property has a total land area of some 25.987 hectares.

PROPOSED

EASEMENT The proposed Easement for the 132kV Underground Cable to be created upon the subject property will traverse that part of the property as shown on the appended plan in an east to west direction. The total length of the easement is approximately 707.8 metres.

We are advised that the proposed easement will be five (5) metres wide and that it will be in accordance with the terms and conditions of Energy Australia’s standard Easement Memorandum, as outlined within this report. The total area of land affected by the easement is shown on the Preliminary Easement Plan as being approximately 3,539 square metres (subject to a final survey).

Report Summary (Cont’d)

ASSESSMENT OF

COMPENSATION In assessing compensation for the acquisition of easements, the Courts consider the limitations and restrictions imposed by the Easement Memorandum rather than the intended use by the Acquiring Authority (see Besmaw Pty Ltd v Sydney Water Corporation (2001) NSWLEC 15).

In accordance with the Easement Memorandum, we note that Energy Australia in summary has the right to construct and operate facilities and structures for the transmission of electricity and telecommunications, access through the easement with vehicles, plant and equipment, cutting and lopping of trees and vegetation.

The more significant impacts of these rights on the landowner include –

* Limitations on the landowner’s use of the land, access with vehicles and services,

* Potential Visual impact,

* Loss of trees and vegetation,

* Potential Noise impact,

* Energy Australia’s access to the easement, and

* Perceived physical danger from failed equipment.

In determining our assessment of compensation we have taken these matters into consideration and in particular have prepared a table Injurious Affectation Potential Impact Matrix on page 16 which summarises the possible level of impact that the Easement Memorandum will impose on the lots burdened.

COMPENSATION Section 55(a) Market Value $ 14,000

Section 55(f) Injurious Affectation $ 21,000

Total Compensation $ 35,000

The above Compensation Summary forms part of our complete report and assessment of compensation and should not be acted upon independently of reading our complete report and assessment of compensation.

1.0 PROPERTY

Lot 197 and Lot 216 in Deposited Plan 752048 Galston Road, Galston.

2.0 INSTRUCTING PARTY

Mr Peter Thompson

Manger, Property Development

Works Division

Hornsby Shire Council

296 Pacific Highway

Hornsby NSW 2077

3.0 INSTRUCTIONS

In accordance with recent instructions from Mr Peter Thompson, for and on behalf of Hornsby Shire Council, we have been requested to carry out a valuation assignment to establish the fair amount of compensation to be paid for a proposed Easement for a 132kV Underground Cable over the abovementioned property. We understand that the assessment of compensation is to be in accordance with Section 55 of the Land Acquisition (Just Terms Compensation) Act, 1991.

4.0 INTEREST TO BE VALUED

Freehold interest.

5.0 PURPOSE OF ASSESSMENT OF COMPENSATION

We understand our report and assessment of compensation is required by Hornsby Shire Council for the purpose of assisting in negotiations with Energy Australia to determine the rightful amount of compensation to be paid for creation of an Easement for a 132kV Underground Cable over the abovementioned property.

6.0 EASEMENT DESCRIPTION AND CABLE DETAILS

The easement to be acquired will be 5 metres in width and carry an Underground 132kV Cable.

Whilst we have not been provided with precise specifications for proposed cable we would note that from our investigations it would appear that Underground 132kV Cables are usually laid at minimum depths ranging between 0.9 to 1.2 metres as illustrated in the following diagram –

We note that the proposed easement will follow (as much as possible) the existing fire trails.

7.0 DATE OF INSPECTION

25 August 2008.

8.0 DATE OF ASSESSMENT OF COMPENSATION

25 August 2008.

9.0 LOCAL GOVERNMENT AREA

Hornsby Shire Council.

10.0 LOCATION

The property which is the subject of this report and assessment of compensation is located on the western side of Galston Road Galston just to the south of the intersection with Mid–Dural Road as indicated by red arrow on the following Locality Map –

and shown by red outline on the Site Plan in 14.1 Description.

The property forms part of a public open space area known as Galston Park. Galston neighbourhood shopping centre is situated about a kilometre to the north of the property. The property is situated some 36 kilometres north west of the Sydney CBD.

The surrounding development predominantly comprises rural-residential properties as well as Galston high school opposite and Sydney North Electricity Substation to the rear.

11.0 TITLE DETAILS

The NSW Land Titles Office does not hold Title Documents for the subject properties due to the fact that the properties are Crown Land. However, we would note that the subject parcels are described in Hornsby Shire Council records as being Lots 197 and 216 in Deposited Plan 752048 at Galston, in the Local Government Area of Hornsby, Parish of North Colah and County of Cumberland.

12.0 OWNERSHIP

The subject properties are in ownership of the Crown. We understand that Hornsby Shire Council manage the properties on behalf of the Crown.

13.0 LAND

13.1 Description

The properties comprise land known as Galston Park. The park comprises a sporting field as well as a significant tract of native bushland. The properties are traversed by several existing power lines. The land is relatively level over that part used as a sporting field whilst the bushland area provides an undulating topography. We note that the properties also include existing unsealed fire trails.

13.2 Area

The total land area as calculated from an extract of the Parish Map is some 25.987 hectares.

14.0 ENVIRONMENTAL PLANNING

14.1 Current Zoning

We are advised by the Environmental Services Department of Hornsby Shire Council that the subject property is zoned Open Space A (Public Recreation – Local) Zone under the Hornsby Shire Local Environmental Plan 1994 (as amended). –

A certificate issued under Section 149 of the Environmental Planning and Assessment Act, 1979 would need to be obtained to confirm the Town Planning information outlined above.

14.2 Zone Objectives

The objectives of the Open Space A (Public Recreation – Local) Zone are as follows -

(a) to ensure there is provision of adequate open space to meet the needs of the community and to enhance the environmental quality of the Hornsby area.

(b) to encourage a diversity of recreational settings and facilities.

14.0 ENVIRONMENTAL PLANNING (cont’d)

14.3 Underlying Zoning

In determining our assessment of compensation we have given due consideration to what the likely zoning of the subject property would have been had it not been zoned Open Space A (Public Recreation – Local) Zone.

Based on the physical nature of the subject property and the surrounding zonings we believe that the subject property would in all likelihood have been zoned part Environmental Protection B (River Catchment) Zone and part Rural BR (Small Holdings-Rural Landscapes) Zone.

We note that from our reading of the Hornsby Shire Local Environmental Plan 1994 (as amended), subdivision is prohibited under both these zonings.

16.0 IMPROVEMENTS AND PHOTOGRAPHIC STUDY

There are no structural improvements erected along the route of the proposed easement.

Various views over the subject land

16.0 IMPROVEMENTS AND PHOTOGRAPHIC STUDY (CONT’D)

Various views over the subject land

17.0 SERVICES

Water, sewer, electricity and telephone services are available in the general vicinity of the subject property.

Galston Road is a bitumen sealed carriageway with both concrete and earth formed kerb and gutters in the general vicinity of the subject property.

18.0 CONTAMINATION RISK

The current use of the property as public open space land is not included within the list of Potentially Contaminating Activities, Industries and Land Uses contained within the Australian Property Institute (API) Professional Practice 2006 as published in May 2006.

Our inspection of the subject property did not reveal any areas of concern sofaras we are able to identify, however, we are not experts in such issues. Nor have we sought any formal advice from the an appropriate expert as to whether the existing use of the subject property has brought about a real concern in respect of any site or building contamination.

Our valuation is made on the basis of a satisfactory current date environmental report indicating the subject property to be free of contamination, however, we reserve the right to review our assessment of value if it is found that some contamination exists and remediation is required.

19.0 PROPOSED eASEMENT

The proposed Easement for the 132kV Underground Cable to be created upon the subject property will traverse that part of the property as shown on the appended plan in an east to west direction.

The total length of the easement is approximately 707.8 metres.

The total area of land affected by the easement is shown on the Preliminary Easement Plan as being approximately 3,539 square metres (subject to a final survey).

20.0 EASEMENT CONDITIONS

The following conditions and restrictions are required by Energy Australia to be placed on the portion of the land subject to the easement in order to protect the underground electricity cable and rights of access.

ENERGY AUSTRALIA - EASEMENT MEMORANDUM

Part A – Definitions and Interpretation

(1)

(a) The following terms have the following meanings:

ancillary works means works ancillary to the functions performed by electricity works, including structures below the ground, equipment for signals, service cables, connecting cables.

easement area means that part of the land shown as the site of an “easement for electricity and other purposes” on any plan registered with the New South Wales Department of Lands.

electricity works means any electricity power lines or associated equipment or electricity structures (below the ground other than pits which may be above or on the ground) that form part of Energy Australia’s transmission or distribution network and includes mains, wires, cables (including optic fibre cables), pipes or conduits, fuses, control equipment, pits ducts and ancillary works.

land means the land over which this easement is granted (being the land burdened by this easement).

landowner means the owner of the land and any person having an estate or interest in the land.

person includes a body corporate.

signals includes data or signals of any kind.

(b) A reference to a person includes its successors and assigns.

20.0 EASEMENT CONDITIONS (cont’d)

Part B – Easement for Electricty Works

(2) Energy Australia and all persons which it authorises may:

(a) construct, place, alter, extend, repair, renew, replace, maintain, remove and use, on, to and from the easement area, any electricity works for conveying electricity or signals (or both); and

(b) convey, or permit the conveyance of, electricity or signals (or both) through the electricity works.

Part C – General Provisions of Easements

(3) For the purpose of exercising its rights under the easement for electricity works, Energy Australia and all persons which it authorises may:

(a) enter the land at any time, with or without vehicles, plant and equipment, for any purposes within the terms of the easement; and

(b) do anything reasonably necessary to obtain access to the easement area; and

(d) on any part of the easement area, cut, trim or remove any trees, vegetation, undergrowth or anything that may interfere with the exercise of Energy Australia’s rights under the easement; and

(e) do anything reasonably necessary for the exercise of Energy Australia’s rights under the easement.

(4) The landowner acknowledges that ownership of all electricity works remains with Energy Australia.

20.0 EASEMENT CONDITIONS (cont’d)

(5) Energy Australia covenants with the landowner that:

(a) it will endeavour to keep the electricity works in good repair; and

(b) in exercising its rights under the easement, it will do as little damage as practicable to the land; and

(c) it will repair any damage it causes to the land, except that if after this easement is granted the landowner installs paving or other works to the surface of the easement area Energy Australia will not be obliged to restore the paving or those works; and

(d) subject to its rights under the easement, it will not unreasonably impede the landowner’s reasonable use of the land.

(6) The landowner covenants with Energy Australia that it will not:

(a) do or allow anything that may interfere with, damage or destroy the electricity works or interfere with the effective operation of electricity works; or

(b) obstruct Energy Australia in the exercise of its rights under the easement; or

(c) alter or permit to be altered the existing ground level within the easement area, or place or allow to be placed on the easement area any building, structure, driveway, paving, plant or item without Energy Australia’s prior written permission, such permission not be unreasonably withheld.

20.0 EASEMENT CONDITIONS (Cont’d)

Use of the easement may be adverse to the landowner in a variety of ways.

The following is a brief overview of some likely impacts on the use of the property burdened by an easement for underground electricity cables.

Underground Electricity Cables –

i Loss of the free use the land within the easement area.

ii Visual impact from any above ground ancillary improvements.

iii Loss of trees and vegetation within the easement area.

iv Restrictions imposed regarding altering the surface of the land within the easement

v Restrictions imposed regarding any excavation of the land within the easement area.

vi Some noise may emanate from any above ground ancillary improvements.

vii Potential danger from any failed electrical equipment.

Access and access tracks

i Energy Australia vehicles, staff and equipment may periodically travel within the easement for maintenance or contractor work.

ii Energy Australia may alter fences and walls on the property and install gates

iii Use of access tracks by Energy Australia may result in off easement occupation from time to time.

Limitations Imposed on the landowner:

i Cannot place or install anything on the land without written permission,

ii Cannot obstruct the easement area under any circumstances,

The Table ‘Injurious Affectation Potential Impact Matrix’ below summarises the possible levels of impact that the various land uses permitted by the Memorandum may impose on the land burdened by the easement. The rate adopted for injurious affectation should reflect an allowance for the burden imposed by the Memorandum on the land and improvements. In arriving at the appropriate level of affectation, the following table have been considered for this property.

Injurious Affectation Potential Impact Matrix

Landowner Rights being burdened	Assessed Burden
	Cable Easement	Access and Access Tracks
Landowner’s access with vehicles	medium	medium
Use of the land within the easement	high	medium
Development or subdivision of the land	medium	medium
Prohibition on excavation	high	medium
Removal of trees and vegetation	medium	low
Visual Impact	low	low
Noise	low	low
Energy Australia’s access to the easement	high	medium
Perceived danger from failed equipment	medium	low

21.0 ASSESSMENT OF COMPENSATION

21.1 Instructions and Purpose

Our report and assessment of compensation has been prepared in accordance with Section 55 of the Land Acquisition (Just Terms Compensation) Act, 1991 and is required by Hornsby Shire Council for the purpose of assisting in negotiations with Energy Australia to determine the

rightful amount of compensation to be paid for creation of an Easement for a 132kV Underground Cable over the abovementioned property.

21.2 Definition of Market Value

Market value may be defined as –

The estimated amount for which an asset should exchange on the date of valuation between a willing buyer and a willing seller in arms length transaction after proper marketing wherein the parties had each acted knowledgeably, prudently and without compulsion given a reasonable time frame of up to six months.

21.0 ASSESSMENT OF COMPENSATION (cont’d)

21.3 Legislative Powers

The relevant sections under the Land Acquisition (Just Terms Compensation) Act 1991 in respect to this acquisition are Sections 55 and 56 as outlined below –

Section 55:

In determining the amount of compensation to which a person is entitled, regard must be had to the following matters only (as assessed in accordance with this Division):

a) the market value of the land on the date of its acquisition

b) any special value of the land to the person on the date of its acquisition

c) any loss attributable to severance

d) any loss attributable to disturbance

e) solatium

f) any increase or decrease in the value of any other land of the person at the date of acquisition which adjoins or is severed from the acquired land by reason of the carrying out of, or the proposal to carry out, the public purpose for which the land was acquired

Section 56:

1) In this Act: (1) ‘market value’ of land at any time means the amount that would be paid for the land if it had been sold at that time by a willing but not anxious seller to a willing but not anxious buyer, disregarding (for the purpose of determining the amount that would have been paid):

a) any increase or decrease in the value of the land caused by the carrying out of, or the proposal to carry out, the public purpose for which the land was acquired, and

b) any increase in the value of the land caused by the carrying out by the authority of the State, before the land is acquired, of improvements for the purpose for which the land is to be acquired, and

c) any increase in the value of the land caused by its use in a manner or for a purpose contrary to law

2) When assessing the market value of the land for the purpose of paying compensation to a number of former owners of the land, the sum of the market values of each interest in the land must not (except with the approval of the Minister responsible for the authority of the State) exceed the market value of the land at the date of acquisition

21.0 ASSESSMENT OF COMPENSATION (cont’d)

21.4 Basis of Assessment

As previously outlined, the proposed Easement for the 132kV Underground Cable to be created upon the subject property will traverse that part of the property as shown on the appended plan in an east to west direction.

The total length of the easement is approximately 707.8 metres.

The total area of land affected by the easement is shown on the Preliminary Easement Plan as being approximately 3,539 square metres (subject to a final survey).

We have assessed the amount of compensation, in the first instance, by establishing the unaffected market value of the land by analysis and comparison of recent market transactions, briefly as follows –

Lot 200 in Deposited Plan 1110440 Mid-Dural Road, Galston – sold May 2007 for $800,000.

This property comprises a rural holding of some 7.29 hectares consisting primarily of undulating bushland and in part a cleared area adjacent to its most eastern boundary. The property is zoned predominantly Environmental Protection B (River Catchment) Zone and in part Rural BR (Small Holdings-Rural Landscapes) Zone.

The property is located off the southern side of Mid-Dural Road being about a kilometre west of the Galston neighbourhood shopping centre. The property is traversed by a Transmission Line Easement. We note that the property shares a common boundary with the subject property.

Analysis of the purchase price indicates a rate of about $109,739/hectare of land area.

21.0 ASSESSMENT OF COMPENSATION (cont’d)

34 Calderwood Road, Galston – sold April 2007 for $910,000.

This property comprises a rural–residential holding of some 3.97 hectares consisting of almost completely undulating bushland with the exception of cleared area towards the road frontage where the residence is located. The property is located on the western side of Calderwood Road and is approximately 3 kilometres east of the Galston neighbourhood shopping centre. The property is zoned predominantly Environmental Protection B (River Catchment) Zone and in part Rural BR (Small Holdings-Rural Landscapes) Zone.

Analysis of the purchase price indicates a rate of about $176,322/hectare of land area after an allowance for the building improvements.

32 Calderwood Road, Galston – sold January 2008 for $870,000.

This property comprises a rural–residential holding of some 3.44 hectares consisting of almost completely undulating bushland with the exception of cleared area towards the road frontage where the residence is located. The property is located on the western side of Calderwood Road and is approximately 3 kilometres east of the Galston neighbourhood shopping centre. The property is zoned predominantly Environmental Protection B (River Catchment) Zone and in part Rural BR (Small Holdings-Rural Landscapes) Zone.

Analysis of the purchase price indicates a rate of about $188,953/hectare of land area after an allowance for the building improvements.

21.0 ASSESSMENT OF COMPENSATION (cont’d)

20 Calderwood Road, Galston – sold April 2007 for $665,000.

This property comprises a rural–residential holding of some 2.023 hectares consisting of almost completely undulating bushland with the exception of cleared area towards the road frontage where the residence is located. The property is located on the western side of Calderwood Road and is approximately 2.5 kilometres east of the Galston neighbourhood shopping centre. The property is zoned predominantly Environmental Protection B (River Catchment) Zone and in part Rural BR (Small Holdings-Rural Landscapes) Zone.

Analysis of the purchase price indicates a rate of about $247,158/hectare of land area after an allowance for the building improvements.

16 Calderwood Road, Galston – sold September 2007 for $890,000.

Analysis of the purchase price indicates a rate of about $296,589/hectare of land area after an allowance for the building improvements.

21.0 ASSESSMENT OF COMPENSATION (cont’d)

In determining our compensation we have also had regard to Court precedents laid down in the following cases –

1) Longerong Pty Ltd – v – Electricity Trust of South Australia

(Supreme Court of South Australia Land & Valuation Division)

· Assessment of Electricity Easement

· Assessment of easement area as percentage of freehold value

2) William Henry Kater – v – Electricity Transmission Authority of NSW

· Appropriate method of assessing compensation

· ‘Piecemeal’ method

· Comparable sales ‘Before’ and ‘After’

3) Besmaw – v – Sydney Water Corporation

· Assessment of Compensation

· Appropriate method of assessment

· Compensation to reflect Acquiring Authorities Rights

Having regard to the nature of the Underground Cable and the Court precedents outlined, we have undertaken our assessments on a ‘Piecemeal Basis’.

We have adopted the ‘piecemeal’ approach to facilitate the individual assessment of the components of compensation arising from the acquisition of the easement.

In order to determine a percentage diminution in value for the property on an ‘as unaffected’ or ‘Before’ basis, we have carried out a valuation of the property as unaffected and compared our piecemeal assessment of compensation as a percentage of the freehold value.

In determining the ‘before’ value, we have had regard to the available market evidence with adjustments for economy of scale, location, topography, existing encumbrances, etc. When taking all the inherent features of the property into account we have concluded that the property would attract a market value rate of about $80,000 per hectare. Our calculations determining the value of the property on a ‘before’ basis are summarised below –

Value on ‘Before’ Basis

Land 25.987 ha @ $80,000/ha (as) $2,100,000

21.0 ASSESSMENT OF COMPENSATION (cont’d)

The discount for an easement can vary between fractions of the freehold value, up to almost total freehold value, depending on the impositions created by the easement. For the site of a pole, tower or pad mounted transformer, full land value is normally allowed. For the balance of the easement the limitations imposed by Energy Australia’s Easement Memorandum, could range between 35% and 65% of freehold value for the site of the easement, depending on existing use. In this instance we have adopted a rate of 50% when considering the location of the affected land.

Section 55 (f) of the Land Acquisition (Just Terms Compensation) Act, 1991 provides that the landowner can claim compensation for the decrease in value of any other land which adjoins the acquired land. This is usually termed compensation for injurious affectation. Depending on the impositions caused to the adjoining land, the compensation can be assessed as a percentage of loss in value of the adjoining land. The percentage decrease in value should be assessed having regard to the potential loss of value; this is often a difficult sum to determine based on market evidence and most often is a subjective interpretation of the loss determined by the valuer. In considering the likely level of impact the assessment can be either a ‘piecemeal’ approach and/or an overall level of impact shown by ‘before’ and ‘after’ assessment. The level of compensation potentially paid for an easement like the one proposed, could be in the range of nominal through to 50% of land value in our opinion. Each case needs to be assessed on its own merits.

Compensation arising from the proposed acquisition is calculated as follows –

Compensation Assessment Calculations

a) Market Value of Land Affected

Value of Easement - Land 0.3539ha @ $80,000/ha @ 50% (as) $14,000

b) Injurious Affectation (as) $21,000

Total $35,000

Fair Compensation (as) $35,000

The assessment calculates on a ‘piecemeal’ basis the individual value of the land to be acquired and also the Injurious Affectation (decrease in the value of the remaining land owned by the owner). The Injurious Affectation to the remainder of the land is considered to be nominal in this instance and we have adopted a rate of 1%of the Market Value to accommodate the potential of any ‘off easement’ access requirements as permitted under the Easement Memorandum.

The injurious affectation allowance on subject land is calculated as follows –

Component Value Injurious Affectation

Land 25.987ha @ $80,000/ha (as) $2,100,000 @ 1% (as) $ 21,000

21.0 ASSESSMENT OF COMPENSATION (cont’d)

The rate adopted for injurious affectation reflects an allowance for the fact that under the proposed Easement Memorandum, Energy Australia has specific rights over the Lots burdened

The value of an ‘After’ basis and the percentage diminution in the value of the property is shown as follows –

Value on ‘After’ Basis

‘Before’ Value as Assessed $2,100,000

Compensation Assessment $ 35,000

‘After’ Value $2,065,000

Percentage Diminution on ‘Before’ Basis 1.67%

The percentage diminution in value is considered appropriate based on the anticipated impact of the proposed underground power line on the property.

22.0 COMPENSATION

We are of the opinion that the fair amount of compensation for an Easement for a 132kV Underground Cable created over the subject property known as Lot 197 and Lot 216 in Deposited Plan 752048 Galston Road, Galston as at 25 August 2008 and on the basis outlined is $35,000 apportioned as –

Section 55(a) Market Value $ 14,000

Section 55(f) Injurious Affectation $ 21,000

This assessment of compensation has been prepared on specific instructions from Mr Peter Thompson on behalf of Hornsby Shire Council and for no other purpose. The report is not to be relied upon by any other person or for any other purpose. We accept no liability to third parties nor do we contemplate that this report will be relied upon by third parties. We invite other parties who may come into possession of this report to seek our written consent to them relying on this report. We reserve our right to withhold consent or to review the contents of this report in the event that our consent is sought.

We hereby certify that we do not have any direct, indirect or financial interest in the property described herein.

This report does not address infestation by pests or contamination of the site. Enquiries in these regards should be directed to appropriately qualified parties.

We have presumed that there are no defects in the Title of the land; there are no notices served with regard to statutory acquisitions or resumptions; there are no encroachments of any improvements and that the property conforms with all Local Government regulations and those of other Public Authorities.

JONES LANG LASALLE

In association with CREER PROPERTY

Trevor Good FAPI (Certified Practising Valuer) Christopher Drew FAPI AREI

Registered Valuer No. 2346 (Without Limitation) Master of Urban Studies (Macq)

Senior Property Consultant Director

Infrastructure Property Advisory Services

The counter signatory verifies that this report is genuine and endorsed by Jones Lang LaSalle in association with Creer Property. The opinion of value expressed in this report has been arrived at by the prime signatory alone.

Hornsby Shire Council

Attachment to Report No. WK66/08 Page 544

Carpark Patrol Agreement: Cherrybrook Village Shopping Centre

Date	2008
Parties
	BNY Trust Company of Australia Limited (ACN 050 294 052) of Level 2, 35 Clarence Street, Sydney New South Wales (Owner)
	The Council of the Shire of Hornsby of 296 Pacific Highway, Hornsby, New South Wales (Council)

Background
A.	The Owner owns the land described in Item 1 of the First Schedule (Land).
B.	The shopping centre described in Item 2 of the First Schedule is erected on the Land ("Centre").
C.	The part of the Centre (being the area edged in red on the attached plan marked “A”) has been set aside as a free parking area ("Carpark") and the Owner operates and manages the Carpark as a free parking area as defined in the Local Government Act, 1993.
D.	The Council has agreed at the request of the Owner to patrol and police the Carpark including issuing parking infringement notices on the terms and conditions contained in this deed.

IT IS AGREED as follows:

1. Operation of Deed

1.1 The operation of this deed shall commence on the date of this deed and shall continue until the earlier of:

(a) the date of expiration of the period specified in Item 3 of the First Schedule; or

(b) the date on which this deed is terminated in accordance with this deed.

1.2 This deed may be terminated by:

(a) either party hereto by giving of six (6) months written notice to the other party, which notice may be given at any time and expire on any day;

(b) the Council by written notice to the Owner if the Owner breaches any of the Owner's obligations under this deed and such breach continues for fourteen (14) days after the Council gives written notice to the Owner to remedy such breach; or

(c) the Owner by giving one (1) months written notice to the Council if the Owner sells or otherwise transfers its interest in the Land (which notice may expire on any day).

1.3 This deed does not confer upon the Council any estate or interest in the Land or the Carpark and the legal possession of the Land and operation, management and control of the Carpark shall at all times remain vested in the Owner.

1.4 The Council may by written notice to the Owner require any variation of this deed to reflect any change in law.

2. Council's Obligations

2.1 The Council must:

(a) at its expense, cause the Council's parking rangers to patrol and police the Carpark as a free parking area in accordance with the provisions of the Local Government Act, 1993 and the rules set out in the Second Schedule (Rules) but the Council itself shall not be liable to the Owner in respect of any failure on the part of any member of the public to observe the Rules;

(b) not use the Carpark for any purpose other than the purpose provided in clause 2.1(a) without the written consent of the Owner;

(c) use all reasonable endeavours to ensure the effective patrol and policing of the Carpark including having at least one (1) traffic enforcement officer conduct at least two (2) patrols three (3) times a week except on Saturdays, Sundays and Public Holidays;

(d) not without the written consent of the Owner, erect or cause or suffer to be erected any structure on the Land;

(e) not assign the Council's interest under this deed;

(f) at all times keep the Owner promptly informed of any matters which may affect the intended operation of this deed; and

(g) make available to the Owner, on reasonable request, reports on the frequency of attendance of the Council’s traffic enforcement officer at the Carpark.

3. Unfettered Regulatory and Enforcement Activities

3.1 Notwithstanding anything to the contrary contained or implied in this deed, the resources utilised by the Council in patrolling and policing the Carpark and performing regulatory and law enforcement activities at the Carpark from time to time shall be at Council’s absolute discretion.

4. Infringement Notices and Fines

4.1 All infringement notices are to be issued at the direction of the Council's parking rangers but no employee of the Council can be compelled to issue any infringement notice.

4.2 All fines received by the Council as a result of the issue of parking infringement notices in relation to the Carpark shall be retained by the Council.

5. Annual Fee payable to Council

5.1 The Owner must pay to the Council the annual fee specified in Item 4 of the First Schedule (as varied in accordance with clause 5.2) such fee to be paid annually in advance, the first such payment to be made on the date of this deed and thereafter on each anniversary of the date of this deed.

5.2 The annual fee must be adjusted on each anniversary of the date of this deed by the increase in the Consumer Price Index (All Groups) for Sydney (CPI) during the prior year provided that if the CPI ceases to be published or the criteria for calculating the same is changed so that in the reasonable opinion of the Council it does not reflect the true variation of the cost of living in Sydney, then and in either of such cases the annual fee must be adjusted on each anniversary of the date of this deed in line with the increase in the cost of living in Sydney during the prior year as determined by Council (acting reasonably).

6. GST

6.1 The parties agree that all money payable or consideration to be given by a party (Recipient) to the other (Supplier) under this deed is exclusive of GST.

6.2 The Recipient must without deduction or set off pay to the Supplier any GST payable in respect of any taxable supply made by the Supplier to the Recipient under this deed.

6.3 Subject to clause 6.5 , and the issue of a tax invoice to the Recipient, the GST payable by the Recipient will be payable on the earlier to occur of the time at which:

(a) the other moneys payable or consideration is to be given under this deed in respect of that supply are payable or to be given; or

(b) any GST in respect of that supply is payable.

6.4 Despite any other provision of this deed, where the Supplier is entitled to be reimbursed by the Recipient for any amount paid by the Supplier to a third party, the Supplier cannot recover from the Recipient that part of the goods and services tax paid to the third party by the Supplier in respect of that amount and for which the Supplier is entitled to an input tax credit.

6.5 On or before the time at which the moneys payable or consideration to be given under this deed in respect of a taxable supply are payable or to be given, the Supplier will issue a tax invoice, which will enable the Recipient, if permitted by the Act, to claim a credit for GST paid by the Recipient.

6.6 For the purpose of this clause 6:

(a) any terms used in it which have meanings under the Act, will have the meanings given by the Act;

(b) if the Act is repealed, GST means any goods and services tax, consumption tax, value added tax or other like tax; and

7. Owner's Obligations

7.1 The Owner must:

(a) at all times, keep the Council promptly informed of any matters which may in any way affect the operation or use of the Carpark;

(b) at its expense:

(i) install by the date of this deed, all of the signage within the Carpark specified in the Third Schedule;

(ii) regularly maintain and keep clean the Carpark; and

(iii) provide, maintain, repair and replace all signage, notices, barriers and line marking within the Carpark to standards as the Council may from time to time reasonably specify in writing; and

8. Releases and Indemnities

8.1 To the fullest extent permitted by law, the Owner releases the Council and each of the Council's employees, agents and contractors from all claims and liabilities of every kind in respect of or arising or as a consequence of or in connection with resulting from any accident, damage, loss (including consequential loss), death or injury occurring in or about the Carpark or the Land except to the extent that any such accident, damage, loss, death or injury is caused by any negligent act by the Council or any of the Council's employees, agents or servants.

8.2 The Owner indemnifies the Council and each of the Council's employees, agents and contractors in respect of all claims and liabilities of every kind in respect of or arising or as a consequence of or in connection with or resulting from any accident, damage, loss (including consequential loss), death or injury occurring in or about the Carpark or the Land except to the extent that any such accident, damage, loss, death or injury is caused by any negligent act by the Council or any of the Council's employees, agents or contractors.

9. Legal Costs and Stamp Duty

9.1 The Owner must pay:

(a) the Council’s reasonable legal costs (assessed on an indemnity basis) and out of pocket expenses in respect of the preparation, negotiation and execution of this deed; and

(b) all stamp duty assessed/payable on this deed.

10. Service of Notices

10.1 Any notice, request, consent or other communications to be given by a party under this deed (communication), must in writing addressed to a party at the party’s address specified in this deed or to such other address for a party as may be notified in writing by that party to the other parties

10.2 Each communication must be delivered by hand or pre-paid post, or sent by facsimile.

10.3 A communication shall be deemed to be received –

(a) if hand delivered, on the next following business day;

(b) if posted, on the second business day after posting; and

(c) if sent by facsimile, on the next following business day unless the receiving party has requested re-transmission before the end of that business day.

11. General

11.1 This deed shall be construed according to the laws of New South Wales and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales

11.2 If any provisions of this deed shall at any time be found to be or become void, voidable or unenforceable, the remaining provisions of this deed shall nevertheless continue to be of full force and effect.

11.3 No addition to or variation of this deed shall be of any force or effect unless in writing and signed by both parties.

11.4 No waiver or indulgence by either party of any right under this deed shall be binding upon the parties unless in writing and in any event no waiver of one breach of any term or condition of this deed shall operate as a continuing waiver unless so expressed nor operate as waiver of another breach of the same or any other term or condition of this deed.

11.5 The parties shall promptly do and perform such further acts and execute and deliver all further instruments required by law or reasonably requested by any other party, to establish, maintain and protect the respective rights and remedies of the other parties and to carry out and effect the intent and purpose of this deed.

11.6 This deed may be executed in any number of counterparts and all of such counterparts taken together shall be deemed to constitute one and the same instrument.

11.7 Where used in this deed words importing the singular shall include the plural and vice versa and any gender shall include any other gender.

11.8 Where any party to this deed consists of more than one person the obligations of that party to the other party or parties shall be joint and several and service on any one of those persons shall be deemed to be service on that party.

11.9 The parties hereby enter into this deed for themselves their respective representatives successors and permitted assigns.

12. Trustee Limitation of Liability

12.1 For the purposes of this deed, the following words have the following meanings:

(a) "Trust" means the Meridian Investment Trust No. 1, Meridian Investment Trust No. 2, Meridian Investment Trust No. 3, Meridian Investment Trust No. 4, Meridian Investment Trust No 5 and Meridian Investment Trust No. 6 or any of them (as the case requires).

(b) "Trustee" means the Owner being the trustee appointed under or in respect of the Trust.

(d) "Trust Manager" means Mirvac REIT Management Limited (ABN 70 002 060 228).

12.2 The Trustee enters into this deed only in its capacity as trustee of the Trust and in no other capacity.

12.3 Except to the extent expressly provided by clause 12.5:

(a) a liability or obligation arising under or in connection with this deed or the Trust is limited to and can be enforced against the Trustee only to the extent to which it can be satisfied out of assets of the Trust out of which the Trustee is actually indemnified for the liability;

(b) the Trustee will have no personal liability to any other party to this deed and the other parties waive their rights and release the Trustee from any personal liability;

(c) this limitation of the Trustee's liability applies despite any other provision of this deed and extends to all liabilities and obligations of, undertaken or incurred by, or devolving on, the Trustee arising from, or in any way connected with, any conduct, omission, representation, warranty, agreement transaction or other matter or thing under or related to this deed; and

(d) the Trustee is not obliged to do anything or refrain from doing anything under or in connection with this deed (including incur a liability) unless the Trustee's liability is limited in the same manner as set out in this clause or otherwise in a manner satisfactory to the Trustee (in its absolute discretion).

12.4 The parties other than the Trustee may not sue the Trustee in any capacity other than trustee of the Trust, including seeking the appointment of a receiver, or a liquidator, an administrator or any similar person to the Trustee to prove in any liquidation, administration or arrangements of or affecting the Trustee.

12.5 The provisions of this clause limiting the Trustee's liability will not apply to any liability or obligation of the Trustee to the extent that it is not satisfied because under this deed or any other Trust Document or by operation of law there is a reduction in the extent of the Trustee's indemnification out of the assets of the Trust, as a result of the Trustee's fraud, gross negligence or wilful misconduct. In no circumstances, however, will the Trustee be personally liable for any indirect incidental, consequential or special damages (including, without limitation, lost profits) of any form incurred by any person or entity, whether or not foreseeable and regardless of the type of action in which such a claim may be brought (except to the extent that there is a determination by a relevant court of fraud by the Trustee).

12.6 The parties agree that:

(a) the Trust Manager, is responsible under this deed and the other Trust Documents in relation to the Trust for performing a variety of obligations relating to the Trust;

(b) no act or omission of the Trustee will constitute fraud, gross negligence or wilful misconduct of the Trustee to the extent to which the act or omission was caused or contributed to by any failure of the Trust Manager or any other person to fulfil its obligations relating to the Trust or by any other act or omission of the Trust Manager or any other person or any of their respective agents or contractors; and

(c) no attorney, agent or other person appointed in accordance with this deed has authority to act on behalf of the Trustee in a way which exposes the Trustee to any personal liability and no act or omission of such a person will be considered fraud, gross negligence of wilful misconduct of the Trustee.

12.7 In no event will the Trustee be personally liable for any failure or delay in the performance of its obligations under this deed or any Trust Document because of circumstances beyond its control including, but not limited to, acts of God, flood, war (whether declared or undeclared), terrorism, fire, riot, embargo, labour dispute, any statute, ordinance, code or other law which restricts or prohibits the Trustee from performing its obligations under this deed or any Trust Document, the inability to obtain or the failure of equipment or the interruption of communications or computer facilities to the extent, in each case, that these occurrences are beyond the control of the Trustee and any other causes beyond the Trustee's control.

THE FIRST SCHEDULE

ITEM 1 Land: the land in Certificate of Title Folio Identifier 1/816193

ITEM 2 Centre: Cherrybrook Village Shopping Centre

ITEM 3 Period: Twelve (12) months from and including the date of this deed.

ITEM 4 Annual Fee: Forty four thousand six hundred and forty nine dollars ($44,649)

inclusive of GST

THE SECOND SCHEDULE

RULES

1. The Carpark must be available for free car parking by the public.

2. Between the hours of 7.00am to 9.00pm (inclusive) from Monday to Sunday inclusive, car parking must be restricted to a maximum duration of three (3) hours or such other maximum duration as the parties may mutually agree in writing.

3. No charge will be made for car parking in the Carpark.

4. Car parking must be restricted at all times to those parts of the Carpark denoted as carparking areas.

5. Entrances, exits and driveways through the Carpark must at all times be kept clear of obstructions.

6. The Council shall be entitled (but not obliged) to enforce such penalties as the Council may from time to time determine for breaches of these Rules pursuant to the Council’s statutory powers in connection with the patrol and policing of public car parking areas.

THE THIRD SCHEDULE

Signage in the positions shown on the plan attached to this deed marked "B".

IN WITNESS WHEREOF this deed has been executed the day and year first hereinbefore mentioned.

Executed as a deed

Signed by BNY Trust Company of Australia Limited (ACN 050 294 052) by its undersigned Attorneys (who have not received notice of the revocation of the Power of Attorney dated Under the authority at which this instrument has been signed this day of	) ) )

Attorney Title:		Witness
		Name: (please print)
		Address

Signed by The Council of the Shire of Hornsby by its duly constituted Attorney ROBERT JOHN BALL pursuant to Power of Attorney Book No. 4218 Registered No. 500 the presence of:	) )

Witness		R J Ball

Name (please print)

Stormwater Treatment Measure	Inspection Frequency	Maintenance Frequency	Waste Destination	Reporting
GPD (end of pipe)	Storm event (>10mm in 48hrs)	Selective based on inspection (within 5 working days)	Council material handling site. Stockpiled for screening and reuse	Within 2 working days from completion
GPD (wet vault)	Quarterly (minimum)	Selective based on inspection (within 5 working days)	Solids to Council material handling site. Stockpiled for screening and reuse. Liquid fraction decanted to passive open space.	Within 2 working days from completion
GPD (pit insert)	Monthly	Selective based on inspection (within 5 working days)	Council material handling site. Stockpiled for screening and reuse	Within 2 working days from completion
Constructed wetland system or Leachate treatment system	Monthly	Scheduled monthly	Weed material composted onsite. Sediment tested for contaminants prior to disposal to landfill or reuse	Monthly
Sediment basin and Creek remediation	Bi-annually or storm event (depending on magnitude)	Selective based on inspection (within 10 working days)	Weed material composted onsite. Sediment tested for contaminants prior to disposal to landfill or reuse	Within 2 working days from completion

Item #	Delegation Date	Description	Recommendation
016/2008	14/07/2008	CAMBRIDGE ST, EPPING Proposal to install 6 motorcycle spaces	1. “Motor Bikes Only” zone accommodating 6 bikes along the western side of Cambridge Street in Epping be installed as per plan No. LTC…….
017/2008	14/07/2008	CHESTER ST, EPPING Request additional Timed Parking	1.The existing 30 metre "No Parking" zone be removed
			2. A 15 metre “No Stopping” zone be provided along the southern side of Chester Street, west of Oxford Street.
			3. The existing 2P (8.30am – 6.00pm, Mon – Fri, 8.30am – 12.30pm, Sat) along the southern side of Chester Street, west of Oxford Street be extended by 15 metres.
018/2008	17/07/2008	CORONATION ST, HORNSBY Installation of "No Stopping" restrictions	1. 6 metre “No Stopping” zones be provided along the northern side of Coronation Street at the intersection with Jersey Lane as per drawing number LTC 18/2008.
019/2008	22/07/2008	CHILVERS RD, THORNLEIGH Install "No Parking" zone	1. A 22 metre "No Parking" zone be installed along the eastern side of Chilvers Road, to include the entry and exit driveways of the Chilverleigh Early Learning Centre.
020/2008	27/08/2008	OAKHILL DRIVE, THORNLEIGH Install "No Parking" zone	1. The time restrictions to the 55 metre "No Stopping" zone for the central median of the bus bay be removed and replaced with full time "No Stopping" zone.
021/2008	26/08/2008	CHERRYBROOK ROAD, WEST PENNANT HILLS. Provision of parking restrictions not supported.	1. Parking restrictions not be provided in Cherrybrook Road.
022/2008	27/08/2008	BOLDREWOOD PLACE, CHERRYBROOK Parking restrictions	1. 10m “No Stopping” zones be installed in Boldrewood Place (both sides), west of Hancock Drive.
			2. 30m “No Parking, 8am-4pm School Days” zone be installed along the northern side of Boldrewood Place, west of the intersection with Hancock Drive as per plan No LTC … 2008
023/2008	4/08/2008	Trebor Road, Pennant Hills - Proposed marked foot crossing	1. The existing Children’s Crossing in Trebor Road outside Agatha’s Catholic Primary School be upgraded to a full time marked pedestrian crossing.
			2. “No Stopping” restrictions and other regulatory signs be installed as per attached drawing No. LTC 23/2008.
			3. Existing “No Parking” and “Bus Zone” 8.30am – 9.30am, 2.30pm-3.30pm school days be replaced with 8.00am – 9.30am, 2.30pm-4.00pm school days times. Existing “No Parking” 8.30am-6.00pm school days to be replaced with 8.00am-6.00pm school days.
			4. The school principal be advised that the Children’s Crossing flags must be displayed in accordance with the RTA agreement entered into by the school

Development Number	Details Building Type
DA/1048/2008	37 Beaumont Road, MOUNT KURING-GAI Industrial
DA/994/2008	216 & 220 New Line Road, DURAL Residential
DA/942/2008	15 Eyles Ave, Epping, Seniors Living Residential
DA/878/2008	118 Franklin Road, CHERRYBROOK, Inala Commercial
DA/852/2008	8/280 New Line Road, DURAL Industrial
DA/843/2008	126 Ray Road, EPPING Residential
DA/828/2008	46-48 Oxford Street EPPING, Commercial
DA/757/2008	26 Pulbrook Pde, Hornsby, Educational
DA/690/2008	5/378-382 Pennant Hills Road, PENNANT HILLS Commercial
DA/637/2008	218-219 Carlingford Court, CARLINGFORD, Medical Centre
DA/620/2008	243 New Line Road, DURAL, Restaurant
DA/600/2008	8-20 Mundowi Road, MOUNT KURING-GAI, Industrial
DA/297/2008	11 Burdett Street, HORNSBY Residential
DA/207/2008	205-209 Pacific Highway, HORNSBY Advertising
DA/1850/2007	2/19-23 Turner Road, BEROWRA HEIGHTS Commercial
DA/1709/2007	599-607 Old Northern Road, GLENHAVEN Retirement Village
DA/1848/2007	283-291 Pennant Hills Road and 2 Bellevue St, Commercial
DA/1601/2007	55A Alexandria Parade, WAITARA Residential

Location	Description	Benefit Cost Ratio @ 5%	Council’s Priority	No of crashes Total / Injury	Total Costs
ALEXANDRIA PARADE AT INTERSECTION OF MYRA STREET AND INGRAM ROAD, WAITARA	MODIFY TRAFFIC SIGNALS TO PROVIDE CONTROLLED RIGHT TURN ARROWS ON ALEXANDRIA PARADE	12.2	1	17/5	$72,170
ALEXANDIA PARADE BETWEEN ORARA STREET AND PARK AVENUE, WAITARA	INSTALLATION OF ROUTE TRAFFIC CALMING SCHEME CONSISTING OF TWO RAISED THRESHOLDS, TWO SLOW POINTS, CONVERSION OF EXISTING PEDESTRIAN CROSSING INTO RAISED WOMBAT CROSSING WITH ASSOCIATED LINEMARKING AND SIGNAGE	5.1	2	10/7	$94,120
INTERSECTION OF SHERBROOK ROAD / NORTHCOTE ROAD, HORNSBY	INSTALLATION OF SINGLE LANE ROUNDABOUT WITH EXTENSION OF MEDIAN AND PROVIDE PEDESTRIAN KERB RAMPS ON NEW ALIGNMENT	8.4	3	10/4	$90,740
ARCADIA ROAD AT INTERSECTION WITH BLACKS ROAD, ARCADIA	PROVIDE ACCEPTABLE SUPERELEVATION WITH NON SKID SURFACING WITH ADVISORY SIGNS	10.3	4	8/3	$121,550
INTERSECTION OF RAY ROAD / KANDY AVENUE, EPPING	INSTALLATION OF ROUTE TRAFFIC CALMING SCHEME CONSISTING OF MEDIAN ISLANDS, KERB BLISTERS AND LINEMARKING	6.4	5	9/6	$68,250
	TOTAL				$446,830.00