MINUTES OF Planning Meeting
Held at Council Chambers, HORNSBY
on Wednesday, 2 June, 2010
at 6.40 pm
PRESENT
Councillors Berman (Chairman),
Chopra, Evans, Hutchence, Martin, McMurdo, Mills and Russell
NATIONAL ANTHEM
OPENING PRAYER
The
Mayor 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
RESOLVED ON THE MOTION OF
COUNCILLOR EVANS, seconded by, COUNCILLOR RUSSELL,
THAT the apologies and requests
for leave of absence from Councillors Browne and Smart, in respect of an
inability to attend the Planning Meeting on 2 June, 2010 be accepted and leave
of absence be granted.
FOR: Councillors Berman,
Chopra, Evans, Hutchence, Martin, McMurdo, Mills and Russell
AGAINST: NIL
Political
Donations Disclosure
Statement by the Chairman:
“In
accordance with Section 147 of the Environmental Planning and Assessment Act
1979, any person or organisation who has made a relevant planning application
or a submission in respect of a relevant planning application which is on
tonight’s agenda, and who has made a reportable political donation or gift to a
Councillor or employee of the Council, must make a Political Donations
Disclosure Statement.
If
a Councillor or employee has received a reportable political donation or
gift from a person or organisation who has made a relevant planning application
or a submission in respect of a relevant planning application which is on
tonight’s agenda, they must declare a non-pecuniary conflict of interests to
the meeting, disclose the nature of the interest and manage the conflict of
interests in accordance with Council’s Code of Conduct.”
declarations of
interest
COUNCILLOR MCMURDO declared a significant
non-pecuniary interest in Item 7 - PLN31/10 Amendments Planning Proposal 2009
- Report on Submissions. Refer to that Item for details.
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, 5 May, 2010 be
confirmed, a copy having been distributed to all Councillors.
FOR:
Councillors Berman, Chopra, Evans, Hutchence, Martin, McMurdo,
Mills and Russell
AGAINST: NIL
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petitions
Nil
Mayoral Minutes
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9 MM9/10 Progression Of
Legal Action Concerning Hornsby Quarry
NOTE: This Mayoral Minute was dealt with in
confidential session under Section 10A(2) (g) of the Local Government Act,
1993 – See Confidential Items section of these Minutes.
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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, 6 and 7 were
withdrawn for discussion.
RESOLVED ON THE MOTION OF COUNCILLOR Evans,
seconded by COUNCILLOR Russell,
THAT the recommendations in
respect of items 3, 4, 5 and 8 be adopted
FOR: Councillors
Berman, Chopra, Evans, Hutchence, Martin, McMurdo, Mills and Russell
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
Nil
B Ward Deferred
Nil
B Ward
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1 PLN106/09 Development
Application - Increase in student numbers
- Loreto Normanhurst - Mount Pleasant Avenue and Pennant Hills Road,
Normanhurst
(DA/1277/2004/B)
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Mr Robert Zorretto, of Normanhurst,
addressed Council regarding this item.
Mr John Kean, Chair of School
Council, Loreto Normanhurst, addressed Council regarding this item.
RESOLVED ON THE MOTION OF
COUNCILLOR Evans, seconded by
COUNCILLOR Russell,
THAT Development Application
No. 1277/2004/B to increase student numbers from 915 to 1150 at Loreto
Normanhurst at Lot 1 DP 734965, Lot B DP 327538, Lots 11-16, 20-23 and 25-36
DP 6612, Lot 1 DP 809066, Lot 1 DP 34834 (Nos. 8, 10-12, 14, 16-22, 24-28 and
30-62) Mount Pleasant Avenue and (Nos. 91-93) Pennant Hills Road,
Normanhurst, be approved subject to the conditions of consent detailed in
Schedule 1 of Executive Manager’s Report No. PLN106/09.
FOR: Councillors
Berman, Chopra, Evans, Hutchence, Martin, McMurdo, Mills and Russell
AGAINST: NIL
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C Ward Deferred
Nil
C Ward
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2 PLN15/10 Development
Application - Section 96(2) - Registered Club - Alterations and Additions -
Amended Staging of Works
103 - 109 New Line Road Cherrybrook
(DA/1046/2007/A)
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Mr Stephen Bembrick, of Cherrybrook,
addressed Council regarding this item.
Mr John McMahon, of
Cherrybrook, addressed Council regarding this item.
Ms Michelle Friery, of
Cherrybrook, addressed Council regarding this item.
Mr Rudi Vala, Architect and
Chief Executive Officer of West Pennant Hills Sports Centre, addressed
Council regarding this item.
MOVED ON
THE MOTION OF COUNCILLOR HUTCHENCE seconded by COUNCILLOR RUSSELL,
THAT Development Application
No. DA/1046/2007/A for alterations and additions to the West Pennant Hills
Sports Club including a new car park, relocation of bowling greens, tennis
courts and cricket nets and the erection of one sign at Lot 2 DP 367373, No. 103 - 109 New Line Road, Cherrybrook be modified as detailed in Schedule 1 of Executive
Manager’s Report No. PLN15/10 as amended by the following requirements:
1. Add Condition No. 2 f.
ix. which reads:
ix. Stage 2C works must commence within 12 months of
the date that an occupation certificate for Stage 2B works is issued.
2. Modify the CLUB - SPECIAL EVENT (INTERNAL CLUB AREAS
ONLY) section of Condition No. 55 to read:
CLUB -
SPECIAL EVENT (INTERNAL CLUB AREAS ONLY)
Operational
upon receipt of an occupation certificate for Stage 1C works
Maximum 6
nights per calendar year 11pm – 9am
The rear
gate to be closed on these nights at the above times
3. Modify Condition No.
56 to read:
56. Lighting –
Bowling Greens
All lights
used for night time bowls must be connected to an automatic time switch and
be switched off at:
a.
9pm during daylight savings periods.
b. 7pm
during non-daylight savings periods.
4. Modify Condition No.
58 d. to read:
d. No music, entertainment, television broadcasts, video,
multi-media or amplified music/announcements is permitted in the central
courtyard/outdoor area, with the exception of muted television screens for
the sole purpose of emergency and paging announcements essential to the safe
and orderly management of the Club and its patrons.
5. Modify Condition No.
59 e. to read:
e. No music, entertainment, television broadcasts, video,
multi-media or amplified music/announcements is permitted on the smokers
balcony, with the exception of muted television screens for the sole purpose
of emergency and paging announcements essential to the safe and orderly
management of the Club and its patrons.
6. Modify Condition No.
63 to read:
63. Maximum
Persons on Site
a.
Prior to the issue of an occupation certificate for Stage 2C works,
the combined number of patrons, visitors and staff on site at any one time
must not exceed 750.
b.
After the issue of an occupation certificate for Stage 2C works, the combined
number of patrons, visitors and staff on site at any one time must not exceed
1,032.
A FORESHADOWED MOTION WAS MOVED
BY COUNCILLOR MCMURDO
THAT Development Application
No. DA/1046/2007/A for alterations and additions to the West Pennant Hills
Sports Club including a new car park, relocation of bowling greens, tennis
courts and cricket nets and the erection of one sign at Lot 2 DP 367373, No. 103 - 109 New Line Road, Cherrybrook be refused.
AN AMENDMENT WAS MOVED BY
COUNCILLOR MILLS, seconded by COUNCILLOR BERMAN PRO FORMA,
THAT consideration of
Development Application No. DA/1046/2007/A for alterations and additions to
the West Pennant Hills Sports Club including a new car park, relocation of
bowling greens, tennis courts and cricket nets and the erection of one sign
at Lot 2 DP 367373, No. 103 - 109 New Line Road, Cherrybrook be deferred to
allow further debate.
THE AMENDMENT MOVED BY
COUNCILLOR MILLS, seconded by COUNCILLOR BERMAN WAS PUT AND LOST.
THE MOTION MOVED BY COUNCILLOR
HUTCHENCE, seconded by COUNCILLOR RUSSELL WAS PUT AND CARRIED.
FOR: Councillors
Berman, Chopra, Evans, Hutchence and Russell
AGAINST: Councillors Martin,
McMurdo and Mills
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3 PLN28/10 Development
Application - Residential - Alterations and Additions - 29 George Street,
Pennant Hills
(DA/330/2010)
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RESOLVED
ON THE MOTION OF COUNCILLOR Evans,
seconded by COUNCILLOR Russell,
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. DA/330/2010 for the alterations and additions to a dwelling-house at Lot 102, DP 875670, No. 29 George Street, Pennant Hills subject to the conditions of
consent detailed in Schedule 1 of Executive Manager’s Report No. PLN28/10.
FOR: Councillors
Berman, Chopra, Evans, Hutchence, Martin, McMurdo, Mills and Russell
AGAINST: NIL
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4 PLN30/10 Development
Application - Subdivision of One Lot Into Two -
50 Sutherland Road, Beecroft
(DA/1118/2009)
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RESOLVED
ON THE MOTION OF COUNCILLOR Evans,
seconded by COUNCILLOR Russell,
THAT Development Application
No. 1118/2009 for the subdivision of one lot into two at Lot A DP 349374 (No.
50) Sutherland Road, Beecroft be approved subject to the conditions of
consent detailed in Schedule 1 of Executive Manager’s Report No. PLN30/10.
FOR: Councillors
Berman, Chopra, Evans, Hutchence, Martin, McMurdo, Mills and Russell
AGAINST: NIL
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5 PLN33/10 Development
Application - Subdivision - One Lot into Two and Construction of a New Dwelling
- 41 Cardinal Avenue, Beecroft
(DA/723/2009)
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RESOLVED
ON THE MOTION OF COUNCILLOR Evans,
seconded by COUNCILLOR Russell,
THAT Development Application
No. DA/723/2009 for the subdivision of one lot into two and the construction
of a dwelling at Lot 2 DP 584894 (No. 41) Cardinal Avenue, Beecroft be
approved subject to the conditions of consent detailed in Schedule 1 of Executive
Manager’s Report No. PLN33/10.
FOR: Councillors
Berman, Chopra, Evans, Hutchence, Martin, McMurdo, Mills and Russell
AGAINST: NIL
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General Business
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6 PLN29/10 Heritage
Advisory Committee - Technical Specialist Representation
(F2009/00088)
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RESOLVED ON THE MOTION OF COUNCILLOR
HUTCHENCE, seconded by COUNCILLOR RUSSELL,
THAT:
1. The revised Heritage Advisory Committee Constitution attached
to Executive Manager’s Report No. PLN29/10 be adopted
subject to the number of Councillors on the Committee being a maximum of
four, preferably including at least one Councillor from each ward.
2. Council invite Michael Clarke,
Margaret Desgrand and Roy Lucas to participate on the Hornsby Shire
Advisory Committee as voluntary technical specialists.
3. Submitters be advised of Council’s resolution and thanked
for their interest in the matter.
4. Councillors Browne,
Evans, Hutchence and Martin be appointed as Councillor representatives on the
Hornsby Heritage Advisory Committee.
FOR: Councillors
Berman, Chopra, Evans, Hutchence, Martin, McMurdo, Mills and Russell
AGAINST: NIL
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7 PLN31/10 Amendments
Planning Proposal 2009 - Report on Submissions
(F2009/00758)
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NOTE: COUNCILLOR MCMURDO declared a significant
non-pecuniary interest in this item under Clause 51A of Council's Code of
Meeting Practice (see Declarations of Interest in these Minutes). The nature
of interest was stated by COUNCILLOR MCMURDO on the Declaration of Interest
form as: "One of the properties under consideration belongs to close
personal friends". COUNCILLOR MCMURDO was not present at, or in sight
of, the Meeting when the item was being discussed or voted on.
Mr Stephen Mulvogue, of
Fairlight, addressed Council regarding this item.
RESOLVED ON THE MOTION OF
COUNCILLOR Hutchence, seconded
by COUNCILLOR Evans,
THAT:
1. Council adopt the amended Planning
Proposal attached to Executive Manager’s Report No. PLN27/10 to:
1.1 Rezone and permit strata subdivision at property No. 218 Brooklyn Road, Brooklyn.
1.2 Update the listing of heritage items in accordance
with the recommendations of Heritage Review Stage 4, with the
exception of the following items:
-
CWA Building, Hornsby Park Pacific Highway, Hornsby
-
Property Nos. 3-5 Hannah Street, Beecroft
1.3 Implement the recommendations of the Hornsby
West Side Conservation Area Review.
2. Consideration of the heritage listing of “CWA Building, Hornsby Park Pacific Highway, Hornsby” and “Property Nos. 3-5 Hannah Street,
Beecroft” be deferred for further consideration following finalisation of the
Old Mans Valley Park Masterplan/Hornsby Pool Plans and Council’s Housing
Strategy, respectively.
3. The Planning Proposal be forwarded to the Department of
Planning for gazettal.
4. Council endorse the amendments to the Heritage,
Dwelling-House, Residential Subdivision, Low, Medium, and Medium/High Density
Multi-Unit Housing, Dural Village Centre, River Settlements, Rural Lands and
Extractive Industries Development Control Plans attached to Executive
Manager’s Report No. PLN27/10.
5. The Heritage Inventory Sheet for property No. 33 Wongala Crescent, Beecroft be amended to:
-
correct the photograph of the rear garden;
-
remove reference to the radiata pine and concrete cancer; and
-
delete the management recommendations regarding the gate.
6. Submitters be advised
of Council’s resolution.
FOR: Councillors
Berman, Chopra, Evans, Hutchence, Martin, Mills and Russell
AGAINST: NIL
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8 PLN34/10 Metropolitan
Strategy Review - Sydney Towards 2036
(F2004/07218-02)
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RESOLVED ON THE MOTION OF COUNCILLOR
Evans, seconded by COUNCILLOR Russell,
THAT
Council forward the submission attached to Executive Manager’s Report No.
PLN34/10 to the Department of Planning commenting on the State Government’s
review of the Metropolitan Strategy.
FOR: Councillors
Berman, Chopra, Evans, Hutchence, Martin, McMurdo, Mills and Russell
AGAINST: NIL
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Questions of Which Notice Has Been Given
Nil
SUPPLEMENTARY AGENDA
CONFIDENTIAL ITEMS
RESOLVED ON THE MOTION OF
COUNCILLOR EVANS, seconded by COUNCILLOR HUTCHENCE,
THAT Council move into
Confidential Session to discuss Item 9, for the reason given below the item.
FOR: Councillors
Berman, Chopra, Evans, Hutchence, Martin, McMurdo, Mills and Russell
AGAINST: NIL
RESOLVED ON THE MOTION OF
COUNCILLOR HUTCHENCE, seconded by COUNCILLOR EVANS,
THAT Council move out of
Confidential Session.
FOR: Councillors
Berman, Chopra, Evans, Hutchence, Martin, McMurdo, Mills and Russell
AGAINST: NIL
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9 MM9/10 Progression Of
Legal Action Concerning Hornsby Quarry
This Mayoral Minute was dealt with in confidential session,
under Section 10A (2) (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.
(F2007/01279-03)
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RESOLVED ON THE MOTION OF COUNCILLOR Evans, seconded by COUNCILLOR Russell,
THAT:
1. Council settle the current action in the Federal Court of
NSW in accordance with the terms outlined in the offer by the Commissioner of
Taxation.
2. Council delegate authority to the General Manager to
negotiate (in consultation with Council’s legal team) Council’s legal costs
in the matter.
FOR: Councillors
Berman, Chopra, Evans, Hutchence, Martin, McMurdo, Mills and Russell
AGAINST: NIL
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QUESTIONS WITHOUT NOTICE
Nil
THE MEETING terminated at 8.13
pm.
These Minutes were confirmed at
the meeting held on Wednesday, 7 July, 2010, at which meeting the signature
hereunder was subscribed.
CONFIRMED CHAIRMAN
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