MINUTES OF Planning Meeting
Held at Council Chambers, HORNSBY
on Wednesday, 17 December, 2008
at 6:35 pm
PRESENT
Councillors Berman (Chairman), Browne,
Chopra, Evans, Hutchence, Martin, McMurdo, Mills, Russell and Smart
NOTE: Councillor
Browne arrived at the meeting at 6.52 pm. He was not present for Apologies, Declarations of Interest, Confirmation of Minutes and Items 10 and 11.
NATIONAL ANTHEM
OPENING PRAYER
Rev Neil Flower, from Ministry
and Mission Consultancies, opened the Meeting in prayer.
Acknowledgement of RELIGIOUS DIVERSITY
Statement by the Chairman:
"We recognise our Shire's rich cultural
and religious diversity and we acknowledge and pay respect to the beliefs of
all members of our community, regardless of creed or faith."
ABORIGINAL RECOGNITION
Statement by the
Chairman:
"We recognise the traditional inhabitants of the land
we are meeting on tonight, the Darug and Guringai Aboriginal people, and
respect is paid to their elders and their heritage."
AUDIO RECORDING OF COUNCIL MEETING
Statement by the
Chairman:
"I advise all present that
tonight's meeting is being audio recorded for the purpose of assisting in the
accuracy of the Minutes. The recordings may be accessed by members of the public
once the Minutes have been finalised and speakers are requested to ensure their
comments are relevant to the issue at hand and refrain from making personal
comments or criticisms."
APOLOGIES
Nil.
declarations of interest
COUNCILLOR
RUSSELL declared a non-significant non-pecuniary interest in Item 12 – MOU14/08
- Matter of Urgency – Submission to the NSW Audit Office. Refer to that Item
for details.
COUNCILLOR SMART
declared a non-significant non-pecuniary interest in Item 1 – Report No.
PLN241/08 Development Application – Aged or Differently Abled Persons Housing
2A Manor Road, Hornsby. Refer to that Item for details.
COUNCILLOR HUTCHENCE
declared a non-significant non-pecuniary interest in Item 6 – Report No. PLN239/08 Erection of a
Dwelling-House on a Battle-Axe Allotment Proposed Lot 11, 66 & 68 Castle Howard Road, Beecroft. Refer to that Item for details.
COUNCILLOR HUTCHENCE
declared a non-significant non-pecuniary interest in Item 7 – Report No. PLN240/08 Erection of a
Dwelling-House on a Battle-Axe Allotment Proposed Lot 12, 66 & 68 Castle Howard Road, Beecroft. Refer to that Item for details.
NOTE: During discussion of Item
12 – MOU14/08 - Matter of Urgency – Submission to the NSW Audit Office, COUNCILLOR
MCMURDO declared a non-significant non-pecuniary interest in Item 12. Refer to
that Item for details.
Political
Donations Disclosure
Statement by the Chairman:
“I advise all present that a
Political Donations Disclosure Statement pursuant to Section 147(3) of the
Environmental Planning and Assessment Act 1979 must be made in the event that a
person has made or a Councillor or political party has received a gift or
political donation from any person or organisation, including a person or
organisation making a submission to an application or other planning matter,
listed on the Planning Meeting agenda.”
confirmation of minutes
|
RESOLVED
ON THE MOTION OF COUNCILLOR Evans,
seconded by COUNCILLOR Hutchence,
THAT the Minutes of the Planning Meeting
held on Wednesday, 3 December 2008 be confirmed, a copy having been
distributed to all Councillors.
FOR: Councillors Berman, Chopra, Evans, Hutchence,
Martin, McMurdo, Mills, Russell and Smart
AGAINST: NIL
|
petitions
COUNCILLOR EVANS tabled a petition with 85 signatures in
support of Development Application No. 542/2008 for alterations and additions
to an existing community facility at Lot 47, DP 35569, No. 3X, Sinclair Avenue, Thornleigh (Headen Park) and use of that facility by the Hornsby
Woodworking Men’s Shed.
Mayoral Minutes
|
10 MM9/08 Progression of Legal Action
Concerning Hornsby Quarry
(F2007/01279-02)
|
|
RESOLVED ON THE MOTION OF COUNCILLOR Berman, seconded by COUNCILLOR Evans,
THAT:
1. Storey and Gough
Solicitors be instructed to pursue, in consultation with Senior Counsel,
proceedings in the Supreme Court of NSW to seek to
recover the monies paid for the acquisition of Hornsby Quarry.
2. Council fund the legal action from General Funds.
FOR: Councillors Berman, Chopra, Evans, Hutchence,
Martin, McMurdo, Mills, Russell and Smart
AGAINST: Nil
This Mayoral Minute was deemed
confidential, under s10A (g) of the Local Government Act,1993. This Mayoral
Minute contains advice concerning litigation, or advice that would otherwise
be privileged from production in legal proceedings on the ground of legal
professional privilege.
|
|
11 MM10/08 Hornsby Quarry - Pumping
Requirements
(F2006/00622)
|
|
RESOLVED ON THE MOTION OF COUNCILLOR Berman, seconded by COUNCILLOR Evans,
THAT:
1. The General Manager be authorised to
proceed with lowering of the water level in the Hornsby Quarry, and funds
totalling $300,000 be made available for this purpose.
2. Further consideration be given to
identifying the source of funding as part of future budget reviews.
FOR:
Councillors Berman, Chopra, Evans, Hutchence, Martin, McMurdo,
Mills, Russell and Smart
AGAINST: NIL
|
Notices of Motion
Nil.
Rescission Motions
Nil.
MATTERS OF
URGENCY
RESOLVED ON
THE MOTION OF COUNCILLOR RUSSELL, seconded by COUNCILLOR EVANS,
THAT
COUNCILLOR RUSSELL be permitted to raise a Matter of Urgency regarding the
preparation of a submission to the NSW Audit Office.
FOR: Councillors
Berman, Browne, Chopra, Evans, Hutchence, Martin, McMurdo, Mills, Russell and
Smart
AGAINST: Nil
|
12 MOU14/08
Submission to the NSW Audit Office
|
|
NOTE: COUNCILLOR RUSSELL declared a non-significant
non-pecuniary interest in this item under Clause 51A of Council's Code of
Meeting Practice (see Declarations of Interest in these Minutes). As stated
on the Declaration of Interest form by COUNCILLOR RUSSELL, the nature of the
interest was “I reside in the affected area”, and the explanation of why the
interest does not require further action in the circumstances was “non land
owner – tenant only”. COUNCILLOR RUSSELL remained present for discussion and
voting on the item
NOTE:
During discussion of this item COUNCILLOR MCMURDO declared a non-significant
non-pecuniary interest in this item under Clause 51A of Council's Code of
Meeting Practice (see Declarations of Interest in these Minutes). As stated
on the Declaration of Interest form by COUNCILLOR MCMURDO, the nature of the
interest was “I am a resident of water-access only property”, and the
explanation of why the interest does not require further action in the
circumstances was “the proposed action by Council in response to review of
licence fees for jetties does not affect me as I do not own or use a jetty”.
COUNCILLOR MCMURDO remained present for discussion and voting on the item
RESOLVED ON THE MOTION OF COUNCILLOR Russell, seconded by COUNCILLOR McMurdo,
THAT:
1. Council
make a submission to the NSW Audit Office on behalf of the river residents
with water access only, for relief of any imposed increase in rent for jetties
and pontoons.
2. Due to
the inadequate notice given to river residents, Council request an extension
to the closing date of submissions to allow further discussion and submission
from the community.
3. Council
notify river residents of this submission and encourage them to make their
own submission to the NSW Audit Office.
FOR: Councillors Berman, Browne, Chopra, Evans,
Hutchence, Martin, McMurdo, Mills, Russell and Smart
AGAINST: Nil
|
ITEMS
PASSED BY EXCEPTION / CALL FOR SPEAKERS ON AGENDA ITEMS
THE
MAYOR ANNOUNCED his intention to deal with the balance of the Business Paper by
the exception method and announced the items.
Items 1, 4, 6 and 7 were withdrawn for
discussion.
|
RESOLVED ON THE MOTION OF
COUNCILLOR EVANS, seconded by COUNCILLOR MARTIN,
THAT
the recommendations in respect of Items 2, 3, 5, 8 and 9 be adopted.
FOR:
Councillors Berman, Browne, Chopra, Evans, Hutchence, Martin,
McMurdo, Mills, Russell and Smart
AGAINST: Nil
For the sake of clarity, the above items are recorded in
Agenda sequence.
Note: Persons
wishing to address Council on matters which were on the Agenda were permitted
to speak, prior to the item being discussed, and their names are recorded in
the Minutes in respect of that particular item.
|
DEVELOPMENT
APPLICATIONS
A Ward Deferred
Nil.
A Ward
|
1 PLN241/08 Development
Application - Aged or Differently Abled Persons Housing 2A Manor Road, Hornsby
(DA/928/2007)
|
|
NOTE:
COUNCILLOR SMART declared a non-significant non-pecuniary interest in this
item under Clause 51A of Council's Code of Meeting Practice (see Declarations
of Interest in these Minutes). As stated on the Declaration of Interest form
by COUNCILLOR SMART, the nature of the interest was “Andrew Campbell of
Auscorp was known to me when employed by Macquarie Bank”, and the explanation
of why the interest does not require further action in the circumstances was
“I spoke to him regarding a contract job for my business with Macquarie Bank”.
COUNCILLOR SMART remained present for discussion and voting on the item
Mr Eng-Joo Ong, of Hornsby,
addressed Council regarding this item.
Mr James Blake, of Hornsby,
addressed Council regarding this item.
Ms Jacqui Taylor, of Hornsby,
on behalf of the Mt Wilga Neighbourhood Group, addressed Council regarding
this item.
Mrs Mia Gatehouse, of Hornsby,
addressed Council regarding this item.
Mr Richard Ford, of Hornsby, on
behalf of the Mt Wilga Neighbourhood Group, addressed Council regarding this
item.
Mr Andrew Campbell, of St
Leonards, on behalf of Auscorp, addressed Council regarding this item.
Mr Timothy Smyth, of Hornsby,
addressed Council regarding this item.
MOVED ON THE MOTION OF
COUNCILLOR RUSSELL, seconded by COUNCILLOR MARTIN,
THAT consideration of this
matter be deferred to the Planning Meeting to be held on Wednesday, 4
February, 2009 in order to seek a Locality Fire Risk Assessment from the Rural
Fire Service.
AN AMENDMENT WAS MOVED BY
COUNCILLOR MILLS, seconded by COUNCILLOR HUTCHENCE,
THAT:
1. Development Application No. 928/2007 at Lot 12 DP 1079875 (No.
2A) Manor Road, Hornsby be
approved subject to the conditions of consent detailed in Schedule 1 attached
to Report No. PLN241/08, as amended by the following requirements:
a) The applicant shall
periodically make available meeting rooms in Mt Wilga House for the use by
local community groups through Council's 'Reservation Management System' and
in coordination with the Management of Mt Wilga House. Prior to the
issue of an occupation certificate for Stage E, the applicant shall prepare a
'Public Access Management Plan' detailing: the number of rooms to be made
available, the capacity of rooms, required notice for meetings, frequency and
duration of meeting room availability, insurance requirements and car parking
arrangements. Groups that have access to the facility will be limited to
those that demonstrate to Council's and Mt Wilga House Management's
satisfaction that they meet for the purpose of positively
contributing to the social, environmental and/or economic welfare of the
Hornsby community and are not a private function.
b) Installation
of “No Parking” signposting in the vicinity of the site along Manor Road be referred to the Hornsby Local Traffic Committee for consideration. This is to
occur prior to the issue of an occupation certificate for Stage E.
c) The evacuation plan required in accordance with Condition
No. 72 is to include measures to encourage residents to exit the site via the
primary Rosamond Street driveway in a bushfire emergency. This is to limit
the potential of the development to impact on the traffic lane capacity of Manor Road.
2. Council write to the Rural Fire Service to request details
of the fire management and evacuation plan for the Manor Road area in light
of the development consent for 2A Manor Road Hornsby.
THE
AMENDMENT MOVED BY COUNCILLOR MILLS, seconded by COUNCILLOR HUTCHENCE, WAS PUT AND CARRIED, THEREBY BECOMING THE MOTION WHICH WAS PUT
AND CARRIED.
FOR:
Councillors Berman, Chopra, Evans, Hutchence, Mills and Smart
AGAINST: Councillors
Browne, Martin, McMurdo and Russell
|
AT THIS POINT IN THE MEETING (8.19 PM) THE MAYOR ADJOURNED
THE MEETING. THE MEETING RESUMED AT 8.27PM.
|
2 PLN244/08 Construction
of a Scout/Guide Hall
Lot 50 DP 739713, No. 1X Mountside Avenue, Mount Colah
(DA/1320/2008)
|
|
RESOLVED ON THE MOTION OF COUNCILLOR Evans, seconded by COUNCILLOR Martin,
THAT Development Application
No. 1320/2008 for construction of a Scout/Guide Hall at Lot 50 DP 739713, No. 1X Mountside Avenue, Mount Colah be approved subject to conditions of consent detailed
in Schedule 1 of the independent town planning consultant’s report – Nexus
Environmental Planning Pty Ltd attached to Report No. PLN244/08.
FOR:
Councillors Berman, Browne, Chopra, Evans, Hutchence, Martin,
McMurdo, Mills, Russell and Smart
AGAINST: Nil
|
|
3 PLN248/08 Development
Application - Retirement Village (Glenhaven Green) 599 - 607 Old Northern
Road Glenhaven
(DA/1709/2007)
|
|
RESOLVED ON THE MOTION OF COUNCILLOR Evans, seconded by COUNCILLOR Martin,
THAT Development Application
No. 1709/2007 for the construction of a Retirement Village (Glenhaven Green)
comprising 154 independent living units, community facility and ancillary
works at Lot 2 DP 1123753 (No. 599 – 607) Old Northern Road, Glenhaven be
approved subject to the conditions of consent detailed in Schedule 1 attached
to Report No. PLN248/08.
FOR:
Councillors Berman, Browne, Chopra, Evans, Hutchence, Martin,
McMurdo, Mills, Russell and Smart
AGAINST: Nil
|
B Ward Deferred
|
4 PLN247/08 Development
Application - Alterations and additions to an existing community facility and
use by the 'Hornsby Woodworking Men's Shed' Headen Park 3X Sinclair Avenue,
Thornleigh
(DA/542/2008)
|
|
Mr Martin Fox, of Thornleigh, addressed
Council regarding this item.
Mr Bruce Stuckey, of
Thornleigh, addressed Council regarding this item.
Mr Ian Raper, of Turramurra, on
behalf of the Hornsby Woodworking Men’s Shed, addressed Council regarding
this item.
Mr Tony Blair, of Castle Hill,
on behalf of the Hornsby Woodworking Men’s Shed, addressed Council regarding
this item.
Mr Brian Hart, of Pennant
Hills, on behalf of the Hornsby Woodworking Men’s Shed, addressed Council
regarding this item.
RESOLVED ON THE MOTION OF COUNCILLOR Evans, seconded by COUNCILLOR McMurdo,
THAT Development Application No.
542/2008 for alterations and additions to an existing community facility and
use of that facility by the Hornsby Woodworking Men's Shed at Lot 47, DP
35569, No. 3X, Sinclair Avenue, Thornleigh (Headen Park) be approved subject
to conditions of consent detailed in Schedule 1 attached to Report No. PLN247/08
as amended by the following requirements:
a) Item 15 being
amended to read:
Hours
of operation for wood working activities shall be restricted to 9.00am to
4.00pm Monday to Friday and no more than two occasions each calendar month on a weekend or public holiday between the hours of 10.00am and 3.00pm.
FOR: Councillors Berman, Browne, Chopra, Evans,
Martin, McMurdo, Mills, Russell and Smart
AGAINST: Councillor Hutchence
|
B Ward
Nil.
C Ward Deferred
Nil
C Ward
|
5 PLN237/08 Development
Application - Multi-unit housing development comprising two dwellings and
subdivision 23 Hills Avenue, Epping
(DA/1201/2008)
|
|
RESOLVED ON THE MOTION OF COUNCILLOR Evans, seconded by COUNCILLOR Martin,
THAT Development Application
No. 1201/2008 for the erection of a two storey multi-unit development
comprising two attached dwellings and subdivision of one lot into two lots at
Lot 19 DP 30584 (No. 23) Hills Avenue, Epping be approved subject to
conditions of consent detailed in Schedule 1 attached to Report No. PLN237/08.
FOR:
Councillors Berman, Browne, Chopra, Evans, Hutchence, Martin,
McMurdo, Mills, Russell and Smart
AGAINST: Nil
|
|
6 PLN239/08 Erecton
of a Dwelling-house on a Battle-axe Allotment Proposed Lot 11, 66 & 68 Castle Howard Road Beecroft
(DA/585/2008)
|
|
NOTE:
COUNCILLOR HUTCHENCE declared a non-significant non-pecuniary interest in
this item under Clause 51A of Council's Code of Meeting Practice (see
Declarations of Interest in these Minutes). As stated on the Declaration of
Interest form by COUNCILLOR HUTCHENCE, the nature of the interest was “One of
the objectors used to be a lecturer of mine”, and the explanation of why the
interest does not require further action in the circumstances was “has no
significance to the mentioned development application”. COUNCILLOR HUTCHENCE
remained present for discussion and voting on the item.
Mr W McDonald, of Beecroft,
addressed Council regarding this item.
Mrs Ilona Kernick, of Beecroft,
addressed Council regarding this item.
Mr John Slade, of Beecroft, on
behalf of the Beecroft Cheltenham District Civic Trust Inc., addressed
Council regarding this item.
Mr Alister Morison, of
Beecroft, addressed Council regarding this item.
NOTE: The residents who spoke
in respect of this item stated that their comments were also relevant to item
7 but did not speak separately to that item.
RESOLVED ON THE MOTION OF COUNCILLOR Martin, seconded by COUNCILLOR Hutchence,
THAT Development Application
No. 585/2008 at Lot Z DP 385117, Lot B DP 363878,
66-68 Castle Howard Road, Beecroft
be refused because of the extensive breach of the DCP and the lack of proper
consultation between the applicant and neighbours; and the General Manager be
authorised to affix appropriately worded reasons of refusal.
FOR:
Councillors Berman, Browne, Chopra, Evans, Hutchence, Martin,
McMurdo, Mills, Russell and Smart
AGAINST: Nil
|
|
7 PLN240/08 Erection
of a dwelling-house on a battle-axe allotment
Proposed Lot 12, 66-68 Castle Howard Road, Beecroft
(DA/586/2008)
|
|
NOTE:
COUNCILLOR HUTCHENCE declared a non-significant non-pecuniary interest in
this item under Clause 51A of Council's Code of Meeting Practice (see
Declarations of Interest in these Minutes). As stated on the Declaration of
Interest form by COUNCILLOR HUTCHENCE, the nature of the interest was “One of
the objectors used to be a lecturer of mine”, and the explanation of why the
interest does not require further action in the circumstances was “has no
significance to the mentioned development application”. COUNCILLOR HUTCHENCE
remained present for discussion and voting on the item.
NOTE: Refer to Note
regarding speakers at Item 6.
RESOLVED ON THE MOTION OF COUNCILLOR Martin, seconded by COUNCILLOR Hutchence,
THAT Development Application
No. 585/2008 at Lot Z DP 385117, Lot B DP 363878,
66-68 Castle Howard Road,
Beecroft be refused because of the extensive breach of the DCP and the lack
of proper consultation between the applicant and neighbours; and the General
Manager be authorised to affix appropriately worded reasons of refusal.
FOR:
Councillors Berman, Browne, Chopra, Evans, Hutchence, Martin,
McMurdo, Mills, Russell and Smart
AGAINST: Nil
|
General Business
|
8 PLN245/08 Consideration
of Draft Environmental Planning Instruments - Department of Planning Circular
(F2004/07218)
|
|
RESOLVED ON THE MOTION OF COUNCILLOR Evans, seconded by COUNCILLOR Martin,
THAT Council make
representations to the Department of Planning:
1. Raising concerns that the implementation of planning
circular PS 08-013 will undermine Council’s strategic framework for the
establishment of heritage conservation areas.
2. Requesting that draft LEPs for proposed heritage conservation
areas at East Epping and Essex Street (Amendment No. 76), Mount Errington (Amendment No. 84) and Rosebank Avenue (Amendment No. 86) be gazetted as a
matter of urgency.
FOR:
Councillors Berman, Browne, Chopra, Evans, Hutchence, Martin,
McMurdo, Mills, Russell and Smart
AGAINST: Nil
|
|
9 PLN246/08 Strategic
Planning Programme Review - 2009
(F2004/10086)
|
|
RESOLVED ON THE MOTION OF COUNCILLOR Evans, seconded by COUNCILLOR Martin,
THAT:
1. The 2009/2010 Strategic Planning Programme attached to
Executive Manager’s Report No. PLN246/08 be adopted.
2. A six monthly report be prepared for Councillors providing
an update on the Strategic Planning Programme.
3. A Workshop with Councillors be conducted to discuss the
2009/2010 Strategic Planning Programme and Council priorities for strategic
planning over the current Council term.
FOR: Councillors Berman, Browne,
Chopra, Evans, Hutchence, Martin, McMurdo, Mills, Russell and Smart
AGAINST: Nil
|
SUPPLEMENTARY AGENDA
Nil.
Confidential Items
NOTE: Council’s resolution in respect of confidential
Mayoral Minute No. MM9/08 is shown as Item 10 under Mayoral Minutes.
Question of Which Notice Has Been Given
Nil.
QUESTIONS WITHOUT NOTICE
Nil.
THE MEETING terminated
at 10.10pm.
These Minutes
were confirmed at the meeting held on Wednesday, 4 February, 2009, at which
meeting the signature hereunder was subscribed.
CONFIRMED CHAIRMAN
___________________________________________________________________________