MINUTES OF Planning Meeting
Held at Council Chambers, HORNSBY
on Wednesday, 6 April, 2011
at 6.33pm
PRESENT
Councillors Berman (Chairman from
6.33pm to 7.41pm for consideration of Apologies/Leave of Absence, Declarations
of Interest, Confirmation of Minutes, Petitions, Items Passed by Exception/Call
for Speakers on Agenda Items and Item 5), Browne, Chopra, Evans, Hutchence
(Chairman from 7.41pm to 9.47pm for consideration of Items 1, 4, 6, 7, 9, 10
and 11), Martin, McMurdo, Mills, Russell and Smart
NOTE: Councillor Hutchence
arrived at 6.50pm during discussion of Item 5. He was not present for
Apologies/Leave of Absence, Declarations of Interest, Confirmation of Minutes,
Petitions and consideration of Items Passed by Exception/Call for Speakers on
Agenda Items.
NOTE: Councillor Browne
arrived at 7.02pm during discussion of Item 5. He
was not present for Apologies/Leave of Absence, Declarations of Interest, Confirmation
of Minutes, Petitions and consideration of Items Passed by Exception/Call for
Speakers on Agenda Items.
NATIONAL ANTHEM
OPENING PRAYER
Rev.
Robert Denham of St Peter’s Anglican 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 purposes of providing a record of public comment at the meeting, supporting the democratic process, broadening knowledge and
participation in community affairs, and demonstrating Council’s commitment to
openness and accountability. The
recordings will be made available on Council’s website once the Minutes have
been finalised. All 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
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 BERMAN declared a less than significant non-pecuniary
interest in Item 4 - PLN21/11
- Development Application - Section 96(2) - Erection of an 11 storey mixed use
building - 135 - 137 Pacific Highway and Pound Road Reserve, Hornsby. Refer to that Item for details.
confirmation of minutes
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RESOLVED
ON THE MOTION OF COUNCILLOR Evans,
seconded by COUNCILLOR Smart,
THAT the Minutes of the Planning Meeting
held on Wednesday 2 March 2011 be confirmed, a copy having been distributed
to all Councillors.
FOR: Councillors Berman, Chopra, Evans, Martin,
McMurdo, Mills, Russell and Smart
AGAINST: NIL
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petitions
COUNCILLOR MARTIN tabled a
petition of 631 signatures objecting to the Development Application for
erection of a McDonalds Restaurant at 361-365 Pennant Hills Road, Pennant Hills
(Item 5).
COUNCILLOR MILLS tabled a
petition of 131 signatures in support of the signalisation of the pedestrian
crossing at the intersection of New Line Road, Shepherds Drive and County Drive, Cherrybrook.
Mayoral Minutes
NOTE: Mayoral
Minute No. MM3/11 is included in the ‘Supplementary Reports’ section of these
Minutes as Item 10.
Notices of Motion
Nil
Rescission Motions
Nil
MATTERS OF
URGENCY
NOTE: A Matter of
Urgency was raised later in the Meeting and is included after the
‘Supplementary Reports’ section of these Minutes as Item 11.
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, 5, 6, 7, 9 and 10 were
withdrawn for discussion.
RESOLVED ON THE MOTION OF COUNCILLOR Evans,
seconded by COUNCILLOR Martin,
THAT the recommendations in
respect of items 2, 3 and 8 be adopted.
FOR: Councillors
Berman, Chopra, Evans, 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 PLN2/11 Development
Application - Subdivision - One Lot into Six
59 Woodcourt Road, Berowra Heights
(DA/591/2010)
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Mr Graeme Cosier, of Berowra Heights, addressed Council regarding this item.
Mr Ian Glendinning, on behalf
of the applicant, addressed Council regarding this item.
RESOLVED ON THE MOTION OF
COUNCILLOR SMART, seconded by COUNCILLOR MCMURDO,
THAT Development Application
No. 591/2010 for the demolition of an existing dwelling and outbuildings and
the subdivision of one allotment into six allotments at Lot 2, DP 502390, No. 59 Woodcourt Road, Berowra Heights be refused for the reasons detailed in Schedule 1 of Executive
Manager’s Report PLN2/11.
FOR: Councillors
Browne, Chopra, Evans, Hutchence, Martin, McMurdo, Mills, Russell and Smart
AGAINST: NIL
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2 PLN24/11 Development
Application – Erection of a Dwelling House & Conversion of the Existing
Dwelling House to a Rural Structure – 27 Bay Road, Arcadia
(DA/1634/2010)
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RESOLVED
ON THE MOTION OF COUNCILLOR Evans,
seconded by COUNCILLOR Martin,
THAT Development Application
No. 1634/2010 for the erection of a dwelling house and the conversion of the
existing dwelling house to a rural structure at Lot 2, DP 234025, No. 27 Bay Road, Arcadia be approved subject to the conditions of consent detailed in
Schedule 1 of Executive Manager’s Report No. PLN24/11, as amended by the
following requirements:
1. Modify Condition 8 to read:
8. Ongoing Protection of
Existing Vegetation
The existing vegetation identified
adjacent to the front boundary (shown clouded) on the Site Plan No. 0000_002
B must be fenced off to prevent vehicular access.
2. Modify Condition 14 to read:
14. Design
and Construction - North and East Elevations
Construction
on the northern and eastern elevations must comply with Australian Standard
AS3959-2009, Section 9. However, any material, element of construction or
system when tested to the method described in Australian Standard
AS1530.8.2 must comply with Clause 13.8 of that Standard except that flaming
of the specimen is not permitted.
Note: To understand the Australian Standard AS1530.8.2,
Clause 13.8 allows for the material or element of construction to flame (i.e.
ignite or burn) for a set time frame. The Rural Fire Service position is that
this is not acceptable in the Flame Zone and the above condition excludes any
material that flames. Therefore only non-combustible materials can be used
when in the Flame Zone in accordance with modified Section 9 of Australian
Standard AS3959-2009.
3. Modify Condition 25 to read:
25. Ongoing Protection of
Existing Vegetation
The area of the site identified adjacent
to the front boundary (shown clouded) on the Site Plan No. 0000_002 B must
remain undisturbed and be protected in accordance with the following
requirements:
a. The area
must be kept free of noxious weeds using recognised bush regeneration methods
in accordance with ‘Recovering bushland on the Cumberland Plain: Best
practice guidelines for the management and restoration of bushland –
Department of Conservation 2005’; and
b.
Machinery and fertilizer must not be used in the area for maintenance purposes.
FOR: Councillors
Berman, Chopra, Evans, Martin, McMurdo, Mills, Russell and Smart
AGAINST: NIL
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3 PLN31/11 Development
Application - Telecommunications Facility
Arcadia Park, 127X Arcadia Road, Arcadia
(DA/1436/2010)
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RESOLVED
ON THE MOTION OF COUNCILLOR Evans,
seconded by COUNCILLOR Martin,
THAT Development Application
No. 1436/2010 for the erection of a telecommunications facility including a
mobile phone tower and associated equipment and shelter at Lot 761, DP
1121447, No. 127X Arcadia Road, Arcadia be approved in accordance with the
recommendation of the independent town planning consultant’s report by Nexus
Environmental Planning Pty Ltd, and the conditions of consent detailed in
Schedule 1 of Executive Manager’s Report No. PLN31/11.
FOR: Councillors
Berman, Chopra, Evans, Martin, McMurdo, Mills, Russell and Smart
AGAINST: NIL
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B Ward Deferred
Nil
B Ward
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4 PLN21/11 Development
Application - Section 96(2) - Erection of an 11 storey mixed use building - 135 - 137 Pacific Highway and Pound Road Reserve, Hornsby
(DA/1586/2001/D)
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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). The nature of interest was
stated by COUNCILLOR BERMAN on the Declaration of Interest form as “I
personally know people representing both sides of the argument in relation to
this matter”.
NOTE: COUNCILLOR BERMAN left the meeting prior to
consideration of this item and did not return.
Mr Michael Wilson, of Hornsby,
addressed Council regarding this item.
Mr Sam Restifa, on behalf of the
applicant, addressed Council regarding this item.
RESOLVED ON THE MOTION OF
COUNCILLOR MILLS, seconded by COUNCILLOR RUSSELL,
THAT Development Application
No. 1586/2001/D to modify Development Consent No. 1586/2001 for the
construction of a mixed use development comprising 104 residential units and
one level of commercial and retail units at Lot 1, DP 606694, Lot 2, DP
606694, Nos. 135-137 Pacific Highway and Pound Road Reserve, Hornsby be
refused for the following reasons:
1. Pursuant to the provisions of Section 79C1(a)(i) of the
Environmental Planning and Assessment Act 1979, the proposed development,
with its excessive height and floor space ratio, would be inconsistent with
objective (c) of the Residential D (High Density) zone in that it will not be
within the environmental capacity of the Pound Road Precinct.
2. Pursuant to the provisions of Section 79C1(a)(i) of the
Environmental Planning and Assessment Act 1979, the proposed development
would be inconsistent with the density controls which have been consistently
applied by the Council in the Pound Road Precinct and hence contrary to
the Density Design Principle of State Environmental Planning Policy No. 65 -
Design Quality of Residential Flat Development and Clause 15 of the Hornsby
Shire Local Environmental Plan 1994.
3. Pursuant to the
provisions of Section 79C1(b) of the Environmental Planning and Assessment
Act 1979, the proposed development would be inconsistent with the scale of
existing development in the Pound Road Precinct and hence contrary to the
Scale Design Principle of State Environmental Planning Policy No. 65 -
Design Quality of Residential Flat Development.
4. Pursuant to the provisions of Section 79C1(b) of the
Environmental Planning and Assessment Act 1979, the proposed development
would be inconsistent with the height controls which have been consistently
applied by the Council in the Pound Road Precinct and hence contrary to the
requirements of the High Density Multi-Unit Housing Development Control Plan.
5. Pursuant to the provisions of Section 79C1(e) of the
Environmental Planning and Assessment Act 1979, the proposed development
would not be in the public interest as reducing the employment generating
floor space within the building is inconsistent with the recommendations of the
Ku-ring-gai & Hornsby Subregional Employment Study May 2008, which
identifies an employment target of 3,000 additional jobs within the Hornsby
town centre and an additional floor space demand of 196,901 sqm.
Consequently, any justification for an increase in the height, bulk and scale
of the development as previously determined in DA/1586/2001/B is removed.
FOR: Councillors
Browne, Chopra, Evans, Hutchence, Martin, McMurdo, Mills, Russell and Smart
AGAINST: NIL
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C Ward Deferred
Nil
C Ward
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5 PLN28/11 Development
Application - Erection of a McDonalds Restaurant
361- 365 Pennant Hills Road, Pennant Hills
(DA/1427/2010)
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Mr Brad Walters, on behalf of the Local Residents
Action Group, addressed Council regarding this item.
Mr Ian Williams, on behalf of
the Local Residents Action Group, addressed Council regarding this item.
Mr Andrew Dryburgh, on behalf
of the Local Residents Action Group, addressed Council regarding this item.
Mr Martin Squires, on behalf of
the applicant, addressed Council regarding this item.
Mr Tim Rogers, on behalf of the
applicant, addressed Council regarding this item.
RESOLVED ON THE MOTION OF
COUNCILLOR Martin, seconded by
COUNCILLOR Hutchence,
THAT Development Application
No. 1427/2010 for the demolition of existing structures and the erection of a
new McDonalds restaurant with basement car parking and drive-thru facility,
associated landscape works and erection of twenty-three signs at Lots 35, 34
and 33, DP 262566, Nos. 361-365 Pennant Hills Road, Pennant Hills be refused
for the reasons detailed in Schedule 1 of Executive Manager’s Report No. PLN28/11.
FOR: Councillors
Berman, Browne, Chopra, Evans, Hutchence, Martin, McMurdo, Mills, Russell and
Smart
AGAINST: Nil
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6 PLN35/11 Development Application
- Subdivision of two Lots into Four
39 and 41 Beecroft Road, Beecroft
(DA/1298/2010)
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Mr Graeme Baker, of Beecroft, addressed
Council regarding this item.
Dr Matthew Wilson, of Beecroft,
addressed Council regarding this item.
Mr Peter Graham, on behalf of
the applicant, addressed Council regarding this item.
MOVED ON THE MOTION OF COUNCILLOR
MARTIN, seconded by COUNCILLOR BROWNE,
THAT Development Application
No. 1298/2010 for the subdivision of two lots into four at Lot 12, DP 20759
and Lot 13, DP 20759, Nos. 39 and 41 Beecroft Road, Beecroft be refused for
the following reasons:
1. The proposal is unsatisfactory in respect to Section
79C(1)(a)(iii) of the Environmental Planning and Assessment Act 1979, as the
proposal does not comply with the Residential Subdivision, Dwelling and Byles
Creek Development Control Plans as follows:
1.1 The proposal does not comply with the allotment density
prescriptive measure for a larger lot size on steeply sloping sites.
1.2 The proposal does not comply with the private open space
performance criteria.
1.3 The proposal does not meet the drainage control element
objective.
1.4 The proposal does not meet the access way design element
objective.
2. The proposal is unsatisfactory in respect to Section
79(1)(e) of the Environmental Planning and Assessment Act, 1979, as the
proposal is not in the public interest.
3. The necessary written consent of downstream property owners,
for granting of access to an existing stormwater drainage easement, has not
been obtained.
AN AMENDMENT WAS MOVED BY
COUNCILLOR RUSSELL, seconded by COUNCILLOR EVANS,
THAT consideration of this
matter be deferred to enable the applicant to address matters of
non-compliance with Council officers and to have further negotiations with
neighbouring landowners regarding access to the existing private stormwater
easement through their properties.
THE AMENDMENT, MOVED BY
COUNCILLOR RUSSELL, seconded by COUNCILLOR EVANS WAS PUT AND LOST.
FOR:
Councillors Chopra, Evans and Russell
AGAINST: Councillors
Browne, Hutchence, Martin, McMurdo, Mills and Smart
THE MOTION MOVED BY COUNCILLOR
MARTIN, seconded by COUNCILLOR BROWNE WAS PUT AND CARRIED.
FOR:
Councillors Browne, Chopra, Evans, Hutchence, Martin, McMurdo,
Mills, Russell and Smart
AGAINST: nil
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General Business
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7 PLN33/11 Townhouse
Planning Proposal - Development Control Plan Amendments
(F2010/00389)
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Mrs Helen Hajduk, of Mount Colah, addressed Council regarding this item.
RESOLVED ON THE MOTION OF
COUNCILLOR Russell, seconded by
COUNCILLOR Browne,
THAT:
1. Council endorse for public exhibition the draft amendments
to the Medium Density Multi-Unit Housing Development Control Plan attached to
Executive Manager’s Report No. PLN33/11.
2. Public exhibition of the draft Medium Density Multi-Unit Housing Development Control Plan amendments be undertaken for a minimum of 28 days in accordance
with the consultation strategy contained in Executive Manager’s Report No.
PLN33/11.
3. Following the
exhibition, a report on submissions be presented to Council.
FOR: Councillors
Browne, Chopra, Evans, Hutchence, Martin, McMurdo, Mills, Russell and Smart
AGAINST: NIL
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8 PLN34/11 Brooklyn DCP Amendments - Kangaroo Point - After Exhibition
(F2010/00285)
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RESOLVED
ON THE MOTION OF COUNCILLOR Evans,
seconded by COUNCILLOR Martin,
THAT:
1. Council approve the draft
amendments to the Brooklyn Development Control Plan attached to
Executive Manager’s Report No. PLN34/11 to limit the size of any future
commuter berthing facility at Kangaroo Point.
2. Submitters be advised of
Council’s resolution.
FOR: Councillors
Berman, Chopra, Evans, Martin, McMurdo, Mills, Russell and Smart
AGAINST: NIL
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9 PLN36/11 Hornsby Town Centre West Precinct Planning Controls
(F2011/00441)
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RESOLVED ON THE MOTION OF COUNCILLOR Russell, seconded by COUNCILLOR Evans,
THAT:
1. Council endorse progression of a planning proposal for the
Hornsby West Precinct to provide revised planning controls that facilitate
development to contribute to the achievement of the revised housing and
employment targets identified under the Metropolitan Plan for Sydney 2036.
2. Pursuant to Section 56(1) of the Environmental Planning and
Assessment Act 1979, Council forward the planning proposal to the Minister
for Planning and Infrastructure seeking “gateway determination” to progress
the preparation of the planning proposal.
3. Should the Minister for Planning and Infrastructure support
the progression of the planning proposal, Council consider the allocation of
$100,000 in the 2011/12 Budget to the Town Planning Services Branch Annual
Operating Plan for consultants to assist the preparation of the necessary
studies to support the proposal.
4. A planning consultant be engaged to provide urban design
input into a review of the Hornsby West Precinct.
5. A traffic consultant be engaged to undertake traffic
modelling of the traffic management and parking issues associated with
increased development opportunities within the Hornsby West Precinct.
6. An economic development consultant be engaged to undertake
feasibility analysis associated with increased development opportunities
within the Hornsby West Precinct.
7. The revised planning controls for Hornsby West Precinct
include a requirement that the minimum floor space ratio of employment
generating development within a residential/mixed use building be 2:1, which
will create economic development opportunities and ensure the expansion of
Hornsby commercial centre as a major centre.
FOR: Councillors
Browne, Chopra, Evans, Hutchence, Mills, Russell and Smart
AGAINST: Councillors
Martin and McMurdo
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Supplementary Reports
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10 MM3/11 Congratulations
to the Newly Elected State Members of Parliament
(F2004/05879-02)
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RESOLVED ON THE MOTION OF COUNCILLOR Hutchence, seconded by COUNCILLOR Russell,
THAT Council forward a letter
of congratulations to The Hon. Barry O’Farrell MP, Premier and Minister for Western Sydney, Mr Matt Kean MP, Mr Dominic Perrottet MP, The Hon. Greg Smith MP, Attorney
General and Minister for Justice, and Mr Ray Williams MP on their election to
the NSW State Legislative Assembly.
FOR: Councillors
Browne, Chopra, Evans, Hutchence, Martin, McMurdo, Mills, Russell and Smart
AGAINST: NIL
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MATTERS OF URGENCY
RESOLVED ON THE MOTION OF
COUNCILLOR HUTCHENCE, seconded by COUNCILLOR EVANS,
THAT Councillor Hutchence be
permitted to raise a Matter of Urgency regarding the 2010 Hornsby Housing
Strategy Local Environmental Plan (LEP).
FOR: Councillors Browne, Chopra, Evans, Hutchence,
Martin, McMurdo, Mills, Russell and Smart
AGAINST: NIL
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11 MOU1/11 2010 Hornsby Housing Strategy Local Environmental Plan
(F2004/07491-07
)
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RESOLVED
ON THE MOTION OF COUNCILLOR Hutchence,
seconded by COUNCILLOR Evans,
THAT:
1. The Minister for Planning and Infrastructure be urged not
to delegate his authority to make the Housing Strategy LEP to unelected
bureaucrats, but instead to personally consider the implications of the
Housing Strategy on the residents of Hornsby Shire.
2. The Minister for Planning and Infrastructure be urged to
defer the Hornsby Housing Strategy in its current form to allow Council to
work more closely with the State Government in developing a proposal for
Hornsby Shire that is palatable to the majority of residents rather than the
current Housing Strategy, which was opposed by approximately 90% of residents.
3. The Minister for Planning and Infrastructure be advised that
Council wishes to meet its challenges for increased densities by way of focusing
in on its major centres such as Epping, Pennant Hills and Hornsby in the
longer term, subject to adequate infrastructure provision for those centres
and by identifying shortcomings in current housing choice in the Shire and
exploring possibilities of medium densities in certain areas.
4. The Mayor write to the Minister for Planning and Infrastructure
seeking a meeting with interested Councillors and senior Council officers to
discuss options for a revised Housing Strategy.
5. Council identify budget implications and funding sources for
progressing a Housing Strategy and master plan for the precincts nominated as
part of a revised Housing Strategy.
6. Council officers write to the Sydney Metropolitan
Development Authority with a view to nominating Pennant Hills as a potential
precinct for renewal under the SEPP (Urban Renewal) 2010 and to determine whether
the Authority would be interested in partnering with Council to redevelop this
precinct.
FOR: Councillors
Browne, Chopra, Evans, Hutchence, Martin, McMurdo, Mills, Russell and Smart
AGAINST: NIL
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CONFIDENTIAL ITEMS
Nil
Questions
of Which Notice Has Been Given
Nil
QUESTIONS WITHOUT NOTICE
Nil
THE MEETING terminated
at 9.47pm.
These Minutes were confirmed at
the meeting held on Wednesday, 4 May, 2011, at which meeting the signature
hereunder was subscribed.
CONFIRMED CHAIRMAN
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