MINUTES OF Planning Meeting
Held at Council Chambers, HORNSBY
on Wednesday, 3 March, 2010
at 6.44 pm
PRESENT
Councillors Berman (Chairman),
Browne, Chopra, Evans, Hutchence, Martin, McMurdo, Mills, Russell and Smart.
NATIONAL ANTHEM
OPENING PRAYER
Rev. David Misztal from Dural District Anglican
Churches, 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. Speakers are requested to ensure
their comments are relevant to the issue at hand and to refrain from making
personal comments or criticisms."
APOLOGIES / leave of absence
Nil
declarations of interest
COUNCILLOR BERMAN declared a less
than significant non-pecuniary interest in Item 7 - PLN9/10 Ku-ring-gai and
Hornsby Sub-Regional Employment Study - Review of Submissions. Refer to that
Item for details.
COUNCILLOR RUSSELL declared a
less than significant non-pecuniary interest in Item 7 - PLN9/10 Ku-ring-gai
and Hornsby Sub-Regional Employment Study - Review of Submissions. 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
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RESOLVED
ON THE MOTION OF COUNCILLOR Evans,
seconded by COUNCILLOR Martin,
THAT the Minutes of the Planning Meeting
held on Wednesday, 3 February, 2010 be confirmed, a copy having been
distributed to all Councillors.
FOR: Councillors Berman, Browne, Chopra, Evans,
Hutchence, Martin, McMurdo, Mills, Russell and Smart
AGAINST: Nil
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petitions
The Mayor tabled an iPetition with
1,008 signatures, calling on Hornsby Council to immediately reverse its
decision to reduce the number of traffic lanes on County Drive from four to
two.
Mayoral Minutes
Nil
Notices of Motion
Nil
Rescission Motions
Nil
MATTERS OF URGENCY
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, 2, 4, 5, 6, 7 and 8
were withdrawn for discussion.
RESOLVED ON THE MOTION OF COUNCILLOR Evans,
seconded by COUNCILLOR Hutchence,
THAT the recommendation in
respect of Item 3 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
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1 PLN2/10 Development
Application - Boundary Adjustment, Subdivision of One Lot into Two Lots and Erection
of a Dwelling-House – Nos. 7 and 9 Summerhaze Place, Hornsby Heights
(DA/787/2009)
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Mr Simon Matthews, of Hornsby Heights, addressed Council regarding this item.
Ms Melanie Nicoll, of Hornsby Heights, addressed Council regarding this item.
Mr Julian Delaney, of Hornsby Heights, addressed Council regarding this item.
Mr Doug Sneddon, Town Planner
on behalf of the Applicant, addressed Council regarding this item.
RESOLVED ON THE MOTION OF
COUNCILLOR Smart, seconded by
COUNCILLOR Russell,
THAT Development Application
No. 787/2009 for a boundary adjustment, subdivision of one lot into two lots
and the erection of a dwelling house at Lot 32 and Lot 33 DP 813213 (No. 7
and No. 9) Summerhaze Place, Hornsby Heights be approved as a deferred
commencement consent and subject to the conditions of consent detailed in
Schedule 1 of Executive Manager’s Report No. PLN2/10.
FOR:
Councillors Berman, Browne, Chopra, Evans, Hutchence, Martin,
McMurdo, Mills, Russell and Smart
AGAINST: Nil
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2 PLN6/10 Development
Application - Erection of a Residential Office, Shed and Front Fence – No. 8 Taylors Road, Dural
(DA/384/2009)
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Mrs Lesley Mah, of Dural, addressed
Council regarding this item.
Mr Trevor Carter, of Dural,
addressed Council regarding this item.
Mr Norman King, of Dural,
addressed Council regarding this item.
Ms Marguerita Chaghoury, on
behalf of the Applicant, addressed Council regarding this item.
RESOLVED ON THE MOTION OF
COUNCILLOR Russell, seconded by
COUNCILLOR Mills,
THAT Development Application No.
384/2009 for the erection of a residential office, shed and front fence at
Lot 14 DP 238481 (No. 8) Taylors Road, Dural be refused for the following
reasons:
1. Pursuant to the provisions
of Section 79C(1)(a)(i) of the Environmental Planning and Assessment Act
1979, the proposal is inconsistent with the objectives of the Rural BA (Small
Holdings – Agricultural Landscapes) zone under Hornsby Shire Local
Environmental Plan 1994 in that the proposal fails to demonstrate that the
development would be in keeping with the rural environment and within the
servicing capacity of the area.
2. Pursuant
to the provisions of Section 79C(1)(a)(iii) of the Environmental Planning and
Assessment Act 1979, the application fails to demonstrate that the
development would be carried out in compliance with the ‘Home Industry, Home
Occupation, Residential Office’ element of the Rural Lands Development
Control Plan, given the size of the proposed office and nature of the
business.
3. Pursuant
to the provisions of Section 79C(1)(a)(iii) of the Environmental Planning and
Assessment Act 1979, the proposal does not comply with the ‘Setbacks’ element
of the Rural Lands Development Control Plan.
4. Pursuant
to the provisions of Section 79C(1)(b) of the Environmental Planning and
Assessment Act 1979, the application fails to demonstrate that the
development would not lead to significant impacts on the amenity of the
neighbours in respect to noise and traffic.
5. Pursuant
to the provisions of Section 79C(1)(e) of the Environmental Planning and
Assessment Act 1979, the proposal would set an undesirable precedent for
similar inappropriate development and is not considered to be in the public
interest.
FOR:
Councillors Berman, Browne, Chopra, Evans, Hutchence, Martin,
McMurdo, Mills, Russell and Smart
AGAINST: Nil
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3 PLN7/10 Development
Application - Extractive Industry - Designated Development – Nos. 4713 and
4751 Old Northern Road, Maroota
(DA/578/2009)
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RESOLVED
ON THE MOTION OF COUNCILLOR Evans,
seconded by COUNCILLOR Hutchence,
THAT Development Application
No. 578/2009 for a sand extractive industry at Lot 2 DP 510812, No. 4713 Old Northern Road, Maroota and Lot 3 DP 567166, No. 4751 Old Northern Road, Maroota
be approved subject to the conditions of consent detailed in Schedule 1 of Executive
Manager’s Report No. PLN7/10 as amended by the following requirements:
1. Modify condition 26 to
read:
26. Works
Requiring Controlled Activity Approval – GTA 2
Prior to the commencement of any controlled activity
(works) on waterfront land, the consent holder must obtain a Controlled
Activity Approval (CAA) under the Water Management Act from the Department of
Water and Energy. Waterfront land for the purposes of this DA is land and
material in or within 40 metres of the top of the bank or shore of the river
identified.
2. Modify condition 27 to
read:
27. Works
Requiring Controlled Activity Approval – GTA 3
The
consent holder must prepare or commission the preparation of:
(i) Vegetation Management Plan
(ii) Erosion and Sediment Control Plan
(iii) Soil and Water Management Plan
(iv) Amendments to Plans – in relation to rehabilitation of
Coopers Creek in and around the crossing and in-line dam
3. Modify condition 28 to
read:
28. Works
Requiring Controlled Activity Approval - GTA 5
The
consent holder must:
(i) Carry out any controlled activity in
accordance with approved plans.
(ii) Construct and/ or implement any
controlled activity by or under the direction supervision of a suitably
qualified professional.
(iii) When required, provided a certificate of
completion to the Department of Water and Energy.
4. Delete condition
29.
5. Modify condition 74 to
read:
74. Aboriginal
Cultural Heritage - GTA 9
All people
employed on site must undergo a site induction which includes training in the
management protocols set out in condition No. 73 above and be briefed on the
Aboriginal cultural heritage significance of the area and relevant GTA
conditions.
FOR: Councillors Berman, Browne, Chopra, Evans,
Hutchence, Martin, McMurdo, Mills, Russell and Smart
AGAINST: Nil
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B Ward Deferred
Nil
B Ward
Nil
C Ward Deferred
Nil
C Ward
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4 PLN1/10 Development
Application - Erection of a Dwelling-House – No. 4A Cherrybrook Road, West
Pennant Hills
(DA/1622/2009)
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Mrs Kymm Aarons, of Cherrybrook,
addressed Council regarding this item.
Mr David Williams, of
Cherrybrook, addressed Council regarding this item.
RESOLVED ON THE MOTION OF
COUNCILLOR Browne, seconded by
COUNCILLOR Hutchence,
THAT Development Application
No. 1622/2009 for the erection of a one and two storey dwelling-house at Lot 1012, DP1134002, No. 4A Cherrybrook Road, Pennant Hills be approved subject to the
conditions of consent detailed in Schedule 1 of Executive Manager’s Report
No. PLN1/10, as amended by the following requirements:
1. Modify condition 20(a) to read:
(a) The window within the southern elevation of the
"4-seasons room" must be fitted with fixed, obscure glazing, as
indicated in red on the approved plans.
2. Add new condition 22
to read:
22. Landscaping
To maintain solar access to the adjoining
property, the proposed hedge landscaping identified on the approved landscape
plan must be maintained to a height no greater than 1.8 metres along the
southern property boundary.
FOR:
Councillors Berman, Browne, Chopra, Evans, Hutchence, Martin,
McMurdo, Mills, Russell and Smart
AGAINST: Nil
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5 PLN8/10 Development
Application - Modification to Multi-Unit Housing Development - Amended materials
and Finishes and Boundary Fence – Nos. 23 - 27 Ray Road, Epping
(DA/1688/2006/E)
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Mr Stephen Whitfield, of Epping,
addressed Council regarding this item.
Mr Frank Dempsey, of Epping,
addressed Council regarding this item.
Mr Anthony Betros, on behalf of
the Applicant, addressed Council regarding this item.
RESOLVED ON THE MOTION OF
COUNCILLOR Hutchence, seconded
by COUNCILLOR McMurdo,
THAT Development Application
No. 1688/2006/E for modifications to the demolition of existing buildings,
retention and restoration of ‘Woodlands House’ for a medical centre, erection
of 2 x 4 storey residential flat buildings containing 40 dwellings and
erection of a 2 storey dwelling house, Torrens title subdivision into 3 lots
and strata subdivision, Nos. 23-27 Ray Road, Epping be approved as detailed
in Schedule 1 of Executive Manager’s Report No. PLN8/10, as amended by the
following requirement:
1. Modify condition 107 to read:
107. Removal of Camphor Laurel Trees
The removal of any Cinnamomum camphora
(Camphor Laurel) from the Riparian Zone is to be undertaken in a staged
program over a seven year period, or in Council's opinion, upon mature
establishment of landscaping. The staged removal is to be incorporated
in the Vegetation Management Plan for the Riparian Zone."
FOR: Councillors
Berman, Browne, Chopra, Evans, Hutchence, Martin, McMurdo, Mills, Russell and
Smart
AGAINST: Nil
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General Business
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6 PLN5/10 Heritage
Advisory Committee - Technical Specialist Representation
(F2009/00088)
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RESOLVED ON THE MOTION OF COUNCILLOR Browne, seconded by COUNCILLOR Evans,
THAT consideration of this
matter be deferred pending a report being prepared for Council’s
consideration outlining options for the future constitution of the Heritage
Committee, taking into consideration the number of high quality expressions
of interest from technically based professionals to sit on the Committee.
FOR: Councillors
Berman, Browne, Chopra, Evans, Hutchence, Martin, McMurdo, Mills, Russell and
Smart
AGAINST: Nil
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7 PLN9/10 Ku-ring-gai
and Hornsby Sub-Regional Employment Study - Review of Submissions
(F2007/00599-03)
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NOTE: COUNCILLOR BERMAN declared a less than 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 BERMAN, the nature of the
interest was “People who made submissions are known to me, some of whom are
members of an organisation that I am a member of.”, and the explanation of
why the interest does not require further action in the circumstances was “These
people are acquaintances only and I believe I can maintain an independent
view”.
NOTE:
COUNCILLOR RUSSELL declared a less than 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 “Some of
the business proprietors in this area are known to me and belong to the
Liberal Party”, and the explanation of why the interest does not require
further action in the circumstances was “They are in different branches in
different areas and there is no pecuniary interest”.
RESOLVED ON THE MOTION OF
COUNCILLOR MILLS, seconded by COUNCILLOR HUTCHENCE,
THAT:
1. The Ku-ring-gai and Hornsby Subregional Employment Study and
Dural Service Centre Study be adopted.
2. The recommended actions of the Ku-ring-gai and Hornsby
Subregional Employment Study be endorsed for progression as part of the
Hornsby Comprehensive Local Environmental Plan as follows:
2.1 Progression of equivalent Standard Instrument
zones for the Shire’s industrial and business lands, as well as relevant
special use zones where required to facilitate the delivery of
infrastructure.
2.2 Progression of recommended permissible and
prohibited land uses for each zone, as part of the translation of existing
land use tables under the Hornsby Shire Local Environmental Plan.
2.3 Identification of an enterprise corridor at
Pennant Hills, Thornleigh and Waitara along sections of Pennant Hills Road
and Pacific Highway.
2.4 Introduction of a B2 (Local Centre) zone within
part of the Dural Service Centre to facilitate additional commercial and
retail floor space.
2.5 Inclusion of vehicle sales or hire premises and bulky
goods retailing as permissible uses within the IN2 (Light Industrial) zoned
area of the Dural Service Centre.
3. Council’s Strategic Planning Programme 2010/2011 include the
following projects to commence in July 2011:
3.1 Thornleigh
Floor Space Ratio Controls Review.
3.2 Waitara Floor
Space Ratio Controls Review.
4. Council not progress the
preparation of the draft LEP to amend the range of permissible uses in the
Business E (Service Centre) zone, prepared in response to the submission from
Dural Service Centre Business Group.
5. Submitters be advised
of Council’s resolution.
FOR: Councillors
Berman, Browne, Chopra, Evans, Hutchence, Martin, McMurdo, Mills, Russell and
Smart
AGAINST: Nil
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8 PLN11/10 Strategic
Planning Programme Review - 2010
(F2004/10086)
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RESOLVED ON THE MOTION OF COUNCILLOR Mills, seconded by COUNCILLOR Russell,
THAT:
1. The
20010/2011 Strategic Planning Programme, attached to Executive Manager’s
Report No. PLN11/10, be adopted.
2. The Galston
Village Masterplan contained within the Rural Lands Development Control Plan
be updated to include recent development approvals and incorporate relevant
recommendations from the Galston Village Masterplan Review for incorporation
into Council’s Comprehensive Development Control Plan.
3. The Waterways
Review Planning Proposal not be progressed as a separate project and that the
recommendations of the Waterways Review be incorporated into Council’s
Comprehensive Local Environmental Plan.
4. Council not
progress the following draft Local Environmental Plans:
·
Draft Tourism LEP to implement the
recommendations of the Hornsby Tourism Planning Provisions Review
·
HSLEP (Amendment No. 84) for the
establishment of the Mount Errington Heritage Conservation Area
as the subject of the draft Plans has been,
or is being, progressed as part of other projects on the Strategic Planning
Programme.
FOR: Councillors
Berman, Browne, Chopra, Evans, Hutchence, Martin, McMurdo, Mills, Russell and
Smart
AGAINST: Nil
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Questions of Which Notice Has Been Given
Nil
SUPPLEMENTARY
AGENDA
Nil
CONFIDENTIAL
ITEMS
Nil
QUESTIONS
WITHOUT NOTICE
Nil
THE MEETING terminated at 8.54 pm.
These Minutes were confirmed at
the meeting held on Wednesday, 7 April, 2010, at which meeting the signature
hereunder was subscribed.
CONFIRMED CHAIRMAN
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