MINUTES OF Planning Meeting
Held at Council Chambers, HORNSBY
on Wednesday, 7 April, 2010
at 6.43 pm
PRESENT
Councillors Berman (Chairman),
Browne, Chopra, Hutchence, Martin, McMurdo, Mills, Russell and Smart
NOTE: Councillor Browne arrived at the meeting at 7.34 pm. He
was not present for Apologies, Declarations of Interest, Confirmation of
Minutes, Items Passed by Exception and discussion and voting for Items 2 and 4.
NATIONAL ANTHEM
OPENING PRAYER
Rev. Ann Hogan from Hornsby Uniting Church, Hornsby 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 / leave of absence
RESOLVED ON THE MOTION OF
COUNCILLOR BERMAN, seconded by, COUNCILLOR CHOPRA,
THAT the apology and request for
leave of absence from Councillor Evans in respect of an inability to attend the
Planning Meeting on 7 April, 2010 be accepted and leave of absence be granted.
FOR:
Councillors Berman, Chopra, Hutchence, Martin, McMurdo, Mills,
Russell and Smart
AGAINST: NIL
declarations of interest
COUNCILLOR
BERMAN declared a less than significant non-pecuniary interest in Item 9 -
PLN23/10 Kangaroo Point Planning Proposal. Refer to that Item for details.
COUNCILLOR
RUSSELL declared a less than significant non-pecuniary interest in Item 9 -
PLN23/10 Kangaroo Point Planning Proposal. 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 Martin,
seconded by COUNCILLOR Smart,
THAT
the Minutes of the Planning Meeting held on Wednesday, 3 March, 2010 be
confirmed, a copy having been distributed to all Councillors.
FOR:
Councillors Berman, Chopra, Hutchence, Martin, McMurdo, Mills,
Russell and Smart
AGAINST: NIL
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petitions
Nil
Mayoral Minutes
Nil
Notices of Motion
Nil
Rescission Motions
Nil
MATTERS OF URGENCY
RESOLVED ON THE MOTION OF
COUNCILLOR Mills, seconded by
COUNCILLOR HUTCHENCE,
THAT COUNCILLOR MILLS be
permitted to raise a Matter of Urgency regarding the potential rezoning of industrial
land in Kookaburra Road, Hornsby Heights.
FOR: Councillors
Berman, Hutchence, Martin, Mills, Russell and Smart
AGAINST: COUNCILLORS
CHOPRA AND MCMURDO
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10 MOU33/10
Potential Rezoning of Industrial Land in Kookaburra Road, Hornsby Heights
(F2007/00599)
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RESOLVED
ON THE MOTION OF COUNCILLOR Mills,
seconded by COUNCILLOR HUTCHENCE,
THAT a report be prepared for
Council’s consideration outlining opportunities and constraints to long term
rezoning of industrial land in Kookaburra Road, Hornsby Heights to
residential land.
FOR: Councillors
Berman, Chopra, Hutchence, Martin, McMurdo, Mills, Russell and Smart
AGAINST: NIL
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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 2, 3, 4, 6 an 9 were
withdrawn for discussion.
RESOLVED ON THE MOTION OF COUNCILLOR McMurdo,
seconded by COUNCILLOR Hutchence,
THAT the recommendations in
respect of Items 1, 5, 7 and 8 be adopted.
FOR:
Councillors Berman, Chopra, 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 PLN4/10 Development
Application - Residential Alterations & Additions
Lot 18 Neverfail Bay, Berowra Creek
(DA/1215/2009)
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RESOLVED
ON THE MOTION OF COUNCILLOR McMurdo,
seconded by COUNCILLOR Hutchence,
THAT Development Application
No. 1215/2009 for alterations and additions to an existing dwelling at Lot 18
DP 26377 Neverfail Bay, be approved subject to the conditions of consent
detailed in Schedule 1 of Executive Manager’s Report No. PLN4/10.
FOR: Councillors
Berman, Chopra, Hutchence, Martin, McMurdo, Mills, Russell and Smart
AGAINST: NIL
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2 PLN13/10 Development
Application - Modification to Existing Industrial Development - 2A and 4 Kookaburra Road Hornsby Heights
(DA/87/1984/A)
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RESOLVED ON THE MOTION OF COUNCILLOR MCMURDO,
seconded by COUNCILLOR MILLS,
THAT as the applicant has
withdrawn this development application, the matter not be further considered
by Council.
FOR: Councillors
Berman, Chopra, Hutchence, Martin, McMurdo, Mills, Russell and Smart
AGAINST: NIL
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3 PLN20/10 Development
Application - Erection of a Dwelling-House - 67A Bridge Road, Hornsby
(DA/1385/2009)
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Mr Adrian Gallegos, of Mt Kuring-gai,
addressed Council regarding this item.
RESOLVED ON THE MOTION OF
COUNCILLOR Martin, seconded by
COUNCILLOR Browne,
THAT Development Application
No. DA/1385/2009 for the erection of a dwelling-house at Lot 10, DP 1126216, No. 67A Bridge Road, Hornsby be approved, subject to the conditions of consent detailed in
Schedule 1 of Executive Manager’s Report No. PLN20/10.
FOR: Councillors
Berman, Browne, Chopra, Hutchence, Martin, Russell and Smart
AGAINST: COUNCILLORS
MCMURDO and mILLS
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4 PLN21/10 Development
Application - Rural Shed - 5 Arrunga Road, Arcadia
(DA/1558/2009)
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Ms Melissa Ruscoe, of Arcadia, addressed
Council regarding this item.
Mr Ivan Reolon, of Arcadia, addressed Council regarding this item.
RESOLVED ON THE MOTION OF
COUNCILLOR Russell, seconded by
COUNCILLOR Hutchence,
THAT Development Application
No. 1558/2009 for the erection of a rural shed at Lot 1, DP 539656, No. 5 Arrunga Road, Arcadia be approved subject to the conditions of consent detailed in
Schedule 1 of Executive Manager’s Report No. PLN21/10.
FOR: Councillors
BERMAN, Chopra, Hutchence, Martin, McMurdo, Mills, Russell and Smart
AGAINST: NIL
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5 PLN3/10 Development
Application - Subdivision - Two Lots into Five - Multi Unit Dwellings - 11
& 15 Lodge Street Hornsby
(DA/1590/2009)
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RESOLVED
ON THE MOTION OF COUNCILLOR McMurdo,
seconded by COUNCILLOR Hutchence,
THAT Council assume the
concurrence of the Director-General of the Department of Planning pursuant to
State Environmental Planning Policy No. 1 and approve Development Application
No. 1590/2009 for the Torrens title subdivision of two lots into five lots,
the erection of four detached dwellings and demolition of a dwelling house at
Lots 3 and 4 DP 14024 (No. 11 & 15) Lodge Street, Hornsby, subject to the
conditions of consent detailed in Schedule 1 of Executive Manager’s Report
No. PLN3/10.
FOR: Councillors
Berman, Chopra, 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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6 PLN18/10 Development
Application - Recreation Facility (indoor) - Alterations and Additions - West Epping Park and Oval - 15X Ward Street, Epping
(DA/19/2010)
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Mr Vickner Pang, of Epping, addressed
Council regarding this item.
Mr Rod Nadwie-Smith, on behalf
of the YMCA of Sydney, addressed Council regarding this item.
RESOLVED ON THE MOTION OF COUNCILLOR
Hutchence, seconded by
COUNCILLOR Mills,
THAT:
A. Development Application No. 19/2010 for alterations and
additions to an existing recreation facility and extension of the existing
car park area at Lot 100 DP 834523, No. 15X Ward Street, Epping - West Epping Park and Oval, be approved subject to the conditions of consent detailed in
Schedule 1 of Executive Manager’s Report No. PLN18/10 as amended by the
following requirements:
1. Modify condition
No. 26 to read:
26. Hours
of Operation
The hours of operation of the YMCA premises are
restricted to those times listed below:
Monday to Friday 6 am to 10 pm
Saturday, Sunday and Public Holidays 8 am to 10 pm.
Despite the opening hours, the operator must not
operate any additional classes beyond the existing classes
nominated in the Statement of Environmental Effects between the hours of
8 am to 9.30 am and 2.30 pm and 4 pm on gazetted school days.
2. Add new condition
No. 30 to read:
30. Staff
Car Parking
The operator of the premises shall ensure that all
staff only park vehicles in the top ‘Child Care Centre’ car park.
B. The Local Traffic Committee review the effect and
suitability of existing traffic calming measures in Ward and Lilli Pilli
Streets having regard to existing car parking congestion on the streets.
FOR: Councillors
Berman, Browne, Chopra, Hutchence, Martin, McMurdo, Mills, Russell and Smart
AGAINST: NIL
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General Business
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7 PLN10/10 Proposed
Alcohol Free Zone Exemption - Outdoor Dining Hornsby Westside
(F2004/10055)
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RESOLVED
ON THE MOTION OF COUNCILLOR McMurdo,
seconded by COUNCILLOR Hutchence,
THAT food outlets with valid
outdoor dining permits be exempt from the provisions of alcohol free zones
within the Hornsby Town Centre, subject to the following conditions:
1. Consumption of alcohol must be consumed with a meal only.
Patrons will not continue to sit for extended periods of time consuming
alcohol only in any areas defined for outdoor dining by Hornsby Shire
Council.
2. Management and employees of outdoor dining food outlets
adhere to Responsible Service of Alcohol Policies. Consideration to be sought
for at least one outdoor dining staff member to undertake training in the
Responsible Service of Alcohol Course.
3. Management of outdoor dining food outlets will supervise
all patrons consuming alcohol on the premises and in the area defined by
Hornsby Council for outdoor dining.
4. Management of outdoor dining food outlets shall take all
reasonable steps to prohibit or restrict activities that could encourage the
misuse or abuse of liquor, such as binge drinking or excessive consumption.
5. Management and employees of outdoor dining food outlets
actively check identification of any persons consuming alcohol that appear to
be under the age of 18 years.
6. Management of outdoor dining food outlets shall ensure
that patrons do not cause nuisance or interference with passing pedestrians
or other patrons.
7. Council advise current outdoor dining permit holders within
alcohol free zones of the conditional exemptions, subject to review within
twelve months.
FOR: Councillors
Berman, Chopra, Hutchence, Martin, McMurdo, Mills, Russell and Smart
AGAINST: NIL
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8 PLN22/10 Draft
Gosford, Hawkesbury and Parramatta Comprehensive Local Environmental Plans
(F2004/08958)
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RESOLVED
ON THE MOTION OF COUNCILLOR McMurdo,
seconded by COUNCILLOR Hutchence,
THAT Council:
1. Forward a submission to Gosford City Council on its draft
Comprehensive Local Environmental Plan:
1.1 requesting that consideration be given to the zoning
recommendations of Council’s Waterways Reviews in the progression of
the draft Plan; and
1.2 submitting a plan indicating Hornsby Council’s understanding
of the location of the Local Government Area boundary and requesting further
consultation in the event that there remains inconsistency in the
interpretation of the boundary.
2. Forward a submission to Hawkesbury Council on its draft
Comprehensive LEP requesting that consideration be given to the zoning
recommendations of Council’s Waterways Reviews in the progression of
the draft Plan.
3. Forward a submission to Parramatta City Council on its draft
Comprehensive LEP noting that the proposed planning controls for the Epping
Town Centre will be reviewed as part of the Epping Town Centre Study
which is currently being progressed.
4. Note that changes to the NSW Government’s planning framework
and draft planning instruments prepared by adjoining councils that are minor
and routine will be notified by the weekly planning memo. Should no request
be received from a Councillor to report the matter to Council, a submission
will be made commenting on the matter in relation to adopted Council policy.
FOR: Councillors
Berman, Chopra, Hutchence, Martin, McMurdo, Mills, Russell and Smart
AGAINST: NIL
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9 PLN23/10 Kangaroo Point
Planning Proposal
(F2005/00493)
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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 “a number of people interested in this item are known to me”,
and the explanation of why the interest does not require further action in
the circumstances was “my decision in relation to this matter has not been
influenced by these people”.
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 “I am a
resident of Milsons Passage and as such have only water access to my home”,
and the explanation of why the interest does not require further action in
the circumstances was “the proposal is for a commuter berthing facility. I
will not be using this facility, I moor my boat at a private marina. Some
potential applicants are known to me but have not yet submitted a DA and the
number of applicants may vary”.
RESOLVED
ON THE MOTION OF COUNCILLOR Russell,
seconded by COUNCILLOR Hutchence,
THAT:
1. Council endorse progression of the
planning proposal attached to Executive Manager’s Report No. PLN23/10
to permit, with consent, marinas at Kangaroo Point, Brooklyn, by
amending Clause 22(1) of the Hornsby Shire Local Environmental Plan 1994.
2. Pursuant to Section 56(1) of the Environmental
Planning and Assessment Act 1979, Council forward the planning proposal to
the Minister for Planning seeking “gateway” determination to progress the
preparation of the planning proposal.
3. Should the Minister determine
under Section 56(2) of the Environmental Planning and Assessment Act 1979
that the matter may proceed without significant amendment to the proposal,
Council publicly exhibit the planning proposal in accordance with the
Minister’s determination.
4. Following
the exhibition, a report on submissions be presented to Council.
FOR: Councillors
Berman, BROWNE, Chopra, Hutchence, Mills, Russell and Smart
AGAINST: Councillors
Martin and McMurdo
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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
8.17 pm
These Minutes were confirmed at
the meeting held on Wednesday, 5 May, 2010, at which meeting the signature
hereunder was subscribed.
CONFIRMED CHAIRMAN
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