MINUTES OF General Meeting
Held at Council Chambers, HORNSBY
on Wednesday, 15
August, 2012
at 6:35 PM
PRESENT
Councillors
Berman (Chairperson), Browne, Chopra, Evans, Hutchence, Martin, Mills, Russell
and Smart.
NATIONAL ANTHEM
OPENING PRAYER
The Mayor opened the meeting in prayer.
Acknowledgement of RELIGIOUS DIVERSITY
Statement by the Chairperson:
"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 Chairperson:
"We
acknowledge we are on the traditional lands of the Darug and Guringai Peoples.
We pay our respects to elders past and present."
AUDIO RECORDING OF COUNCIL MEETING
Statement by the Chairperson:
"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
RESOLVED ON THE MOTION OF
COUNCILLOR HUTCHENCE, seconded by COUNCILLOR EVANS,
THAT the apology and request
for leave of absence from Councillor McMurdo in respect of an inability to
attend the General Meeting on 15 August 2012 be accepted and leave of absence
be granted.
FOR: Councillors Berman,
Browne, Chopra, Evans, Hutchence, Martin, Mills, Russell and Smart
AGAINST: NIL
political donations disclosure
Statement
by the Chairperson:
“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.”
presentations
Nil
declarations of interest
Nil
confirmation of minutes
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RESOLVED ON THE MOTION OF COUNCILLOR Smart, seconded by COUNCILLOR Evans,
THAT the Minutes of the General Meeting held on Wednesday
18 July 2012 be confirmed, a copy having been distributed to all Councillors.
FOR: Councillors Berman,
Browne, Chopra, Evans, Hutchence, Martin, Mills, Russell and Smart
AGAINST: NIL
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petitionS
Nil
Rescission Motions
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 8, 10, 11
and 13 were withdrawn for discussion.
RESOLVED ON THE MOTION OF COUNCILLOR Browne,
seconded by COUNCILLOR Evans,
THAT the recommendations in
respect of items 1, 2, 3, 4, 5, 6, 7, 9 and 12 be adopted.
FOR: Councillors Berman,
Browne, Chopra, Evans, Hutchence, Martin, 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.
GENERAL BUSINESS
General Manager's
Division
Nil
Corporate Support
Division
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1 CS9/12 Hornsby
Shire Community Plan 2010-20 - Implementation and End of Term Report
(F2009/00024-02)
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RESOLVED ON THE MOTION OF COUNCILLOR Browne, seconded by COUNCILLOR Evans,
THAT the contents of Deputy
General Manager’s Report No. CS9/12 be received and noted.
FOR: Councillors Berman,
Browne, Chopra, Evans, Hutchence, Martin, Mills, Russell and Smart
AGAINST: NIL
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2 CS10/12 Local
Government Association - 2012 Annual Conference - Submission of Motions
(F2011/00735)
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RESOLVED ON THE MOTION OF COUNCILLOR Browne, seconded by COUNCILLOR Evans,
THAT Council adopt
the draft motion in Deputy General Manager’s Report No. CS10/12 for
submission to the 2012 Local Government Association Conference.
FOR: Councillors Berman,
Browne, Chopra, Evans, Hutchence, Martin, Mills, Russell and Smart
AGAINST: NIL
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3 CS11/12 Investments
and Borrowings for 2011/12 - Status for Period Ending 30 June 2012
(F2004/06987)
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RESOLVED ON THE MOTION OF COUNCILLOR Browne, seconded by COUNCILLOR Evans,
THAT the contents of Deputy
General Manager’s Report No. CS11/12 be received and noted.
FOR: Councillors Berman,
Browne, Chopra, Evans, Hutchence, Martin, Mills, Russell and Smart
AGAINST: NIL
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4 CS12/12 Pecuniary
Interest and Other Matters Returns - Disclosures by Councillors and
Designated Persons
(F2012/00606)
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RESOLVED ON THE MOTION OF COUNCILLOR Browne, seconded by COUNCILLOR Evans,
THAT Council note the Disclosure of Pecuniary Interests and
Other Matters Returns recently lodged with the General Manager have been
tabled as required by the Local Government Act.
FOR: Councillors Berman,
Browne, Chopra, Evans, Hutchence, Martin, Mills, Russell and Smart
AGAINST: NIL
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Environment and
Human Services Division
Nil
Planning Division
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5 PL13/12 Development
Application - Five Storey Mixed Use Development
5 and 7 Thornleigh Street, Thornleigh
(DA/453/2012)
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RESOLVED ON THE MOTION OF COUNCILLOR Browne, seconded by COUNCILLOR Evans,
THAT Council assume the concurrence of the
Director-General of the Department of Planning and Infrastructure pursuant to
State Environmental Planning Policy No. 1 and approve Development Application
No. DA/453/2012 for demolition of existing structures and erection of a five
storey mixed use development comprising one commercial unit and 21
residential units with basement car parking at Lots 25, 26 and 27 Sec 4 DP
1854, Nos. 5 and 7 Thornleigh Street, Thornleigh subject to the conditions of
consent detailed in Schedule 1 of Group Manager’s Report No. PL13/12.
FOR: Councillors Berman,
Browne, Chopra, Evans, Hutchence, Martin, Mills, Russell and Smart
AGAINST: NIL
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6 PL14/12 Reporting
Variations to Development Standards
(F2004/07599)
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RESOLVED ON THE MOTION OF COUNCILLOR Browne,
seconded by COUNCILLOR Evans,
THAT the contents of Group
Manager’s Report No. PL14/12 be received and noted.
FOR: Councillors Berman,
Browne, Chopra, Evans, Hutchence, Martin, Mills, Russell and Smart
AGAINST: NIL
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7 PL16/12 Precinct
Support Scheme for Urban Activation Precincts
(F2004/07218-03)
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RESOLVED ON THE MOTION OF COUNCILLOR Browne, seconded by COUNCILLOR Evans,
THAT:
1. Council nominate
the Epping Town Centre for consideration by the Department of Planning
and Infrastructure under the Urban Activation
Precincts Scheme as the Scheme provides
opportunity for financial support to progress infrastructure upgrades
required to service the resultant population growth within the Centre
identified under the Epping Town Centre Study.
2. Council’s
nomination recognise that any amendment to planning controls should be
progressed generally in accordance with the Epping Town Centre Study
recommendations subject to further review of a range of matters in response
to public submissions including Heritage Conservation Area boundaries,
potential heritage items, urban form in the Town Centre Core, residential precinct
heights, property acquisition and North West Rail Link impacts.
FOR: Councillors Berman,
Browne, Chopra, Evans, Hutchence, Martin, Mills, Russell and Smart
AGAINST: NIL
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8 PL18/12 Development
Application - Townhouse Development
156 - 160 Sherbrook Road, Asquith
(DA/414/2012)
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Ms
Heather Shepherd, of Asquith, addressed Council regarding this item.
Mr David Stokes, of Asquith, addressed Council regarding this
item.
RESOLVED ON THE MOTION OF
COUNCILLOR Smart, seconded by
COUNCILLOR Russell,
THAT Development
Application No. DA/414/2012 for construction of a townhouse development
comprising 20 dwellings and strata subdivision at Lot 2 DP 669154, Lot 1 DP
669153, Lot D DP 402287, Nos. 156-160 Sherbrook Road, Asquith be approved
subject to the conditions of consent detailed in Schedule 1 of Group
Manager’s Report No. PL18/12 and the following additional conditions:
31A. Right of Carriageway
A right of carriageway for
vehicular access shall be created over the access corridor benefiting Lot A
DP 402287, No. 154 Sherbrook Road, Asquith and shall be nominated on the plan
of subdivision under section 88B of the Conveyancing Act 1919.
33A. Boundary
Fencing
A
colour bond fence to a height of 2.0 metres, with lattice screening
500mm high affixed to the top, shall be erected to replace the
existing fence along the property boundary with No. 1 Stokes Avenue and No. 3 Stokes Avenue.
NOTE: Alternative
fencing may be erected subject to the written consent of the adjoining property
owner(s).
FOR: Councillors Berman,
Browne, Chopra, Evans, Hutchence, Martin, Mills, Russell and Smart
AGAINST: NIL
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Infrastructure
and Recreation Division
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9 IR5/12 Request
to Remove Tree at 33 Hannah Street, Beecroft
(TA/47/2012)
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RESOLVED ON THE MOTION OF COUNCILLOR Browne, seconded by COUNCILLOR Evans,
THAT Council refuse
application TA/37/2012 to remove one Eucalyptus saligna (Sydney Blue Gum)
from the property at 33 Hannah Street, Beecroft.
FOR: Councillors Berman,
Browne, Chopra, Evans, Hutchence, Martin, Mills, Russell and Smart
AGAINST: NIL
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10 IR11/12 Request
to Remove Tree at 23 Millstream Grove, Dural
(TA/47/2012)
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Mr Stuart Moule, of Dural, addressed Council regarding this item.
Mr Chris Johnson, of Dural,
addressed Council regarding this item.
RESOLVED ON THE MOTION OF
COUNCILLOR Smart, seconded by
COUNCILLOR Russell,
THAT Council approve
application TA/32/2012 to remove one Angophora
costata (Smooth-barked Apple) from the property at 23 Millstream Grove,
Dural.
FOR: Councillors Berman,
Browne, Chopra, Evans, Hutchence, Martin, Mills, Russell and Smart
AGAINST: NIL
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Supplementary
Reports
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11 PL17/12 Further
Report - Dwelling - House at No. 29 Abuklea Road, Epping
(DA/310/2012)
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Mr Laurie Beckett, of Epping, addressed Council regarding this item.
Mr David Van Aanholt, of Epping, addressed Council regarding this item.
Mr Uday Shivamurthy, of Epping, addressed Council regarding this item.
RESOLVED ON THE MOTION OF COUNCILLOR Browne, seconded by COUNCILLOR Hutchence,
THAT Development
Application No. DA/310/2012 for the demolition of an existing dwelling-house
and the erection of a dwelling-house at Lot 1, DP 409170, No. 29 Abuklea Road, Epping be approved subject to the conditions of consent detailed in
Schedule 1 of Group Manager’s Report No. PL17/12 and the following additional
condition:
1A. Amended Plans
The plans shall be amended to remove the
roof element above the portico at the first floor level on the south
elevation.
FOR: Councillors Berman,
Browne, Chopra, Evans, Hutchence, Martin, Mills, Russell and Smart
AGAINST: NIL
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Confidential Items
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12 CS13/12 Proposed
Sale of Surplus Land at Normanhurst
This report was
deemed confidential, under Section 10A (2) (c) of the Local Government Act,
1993. This report contains information that would, if disclosed, confer a
commercial advantage on a person with whom the council is conducting (or
proposes to conduct) business
(F2012/00432)
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RESOLVED ON THE MOTION OF COUNCILLOR Browne, seconded by COUNCILLOR Evans,
THAT:
1. Council agree to the sale of the property
identified within confidential Deputy General Manager’s Report No. CS13/12,
at the price and generally consistent with the agreed terms of sale detailed
within confidential Deputy General Manager’s Report No CS13/12.
2. Council delegate authority to the General
Manager to negotiate detailed terms of the agreement consistent with the
agreed terms of sale outlined within Deputy General Manager’s Report No.
CS13/12.
3. The General Manager be authorised to
execute any documents in relation to this matter deemed appropriate by
Council’s legal advisers.
FOR: Councillors Berman,
Browne, Chopra, Evans, Hutchence, Martin, Mills, Russell and Smart
AGAINST: NIL
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PUBLIC FORUM – NON AGENDA ITEMS
Nil
Questions of Which
Notice Has Been Given
Nil
Mayor's Notes
Nil
Mayoral Minutes
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13 MM8/12 Palliative
Care Petition
(F2004/06066)
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RESOLVED
ON THE MOTION OF COUNCILLOR Berman,
seconded by COUNCILLOR Browne,
THAT Council receive
and note Dr McMaster’s request to promote her palliative care petition.
FOR: Councillors Berman,
Browne, Chopra, Evans, Hutchence, Martin, Mills, Russell and Smart
AGAINST: NIL
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Notices of Motion
Nil
MATTER OF URGENCY
RESOLVED ON THE MOTION OF COUNCILLOR HUTCHENCE, seconded by
COUNCILLOR BROWNE,
THAT Councillor Hutchence be permitted to raise a Matter of
Urgency regarding Development Application No. DA/1305/2011 For Demolition of
Existing Dwellings and Construction of an Affordable Housing Development
Comprising of 46 Dwellings at Nos 7, 9 and 11 Hannah Street and 129-131 Copeland Road, Beecroft.
FOR: Councillors
Berman, Browne, Chopra, Evans, Hutchence, Martin, Mills, Russell and Smart
AGAINST: NIL
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14 MOU1/12 Development Application No. DA/1305/2011
For Demolition of Existing Dwellings and Construction of an Affordable
Housing Development Comprising of 46 Dwellings At Nos 7, 9 and 11 Hannah
Street and 129-131 Copeland Road, Beecroft.
(DA1305/2011
)
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Mr Peter Hewitt, on behalf of the Beecroft
Cheltenham Civic Trust, addressed Council
regarding this item.
RESOLVED ON THE MOTION OF
COUNCILLOR Hutchence, seconded
by COUNCILLOR Browne,
THAT Council:
1. Seek legal advice as to whether there are
any grounds for appeal against the approval by the Sydney West Region Joint
Regional Planning Panel of Development Application No. DA/1305/2011 for
demolition of existing dwellings and construction of an Affordable Housing
development comprising 46 dwellings at Nos. 7, 9 and 11 Hannah Street and 129-131 Copeland Road, Beecroft.
2. Write to the Minister for Planning and
Infrastructure and local State Members reiterating its concerns that State
Environmental Planning Policy (Affordable Rental Housing) 2009 continues to
over-ride Council's planning controls and results in developments like the
one at Nos. 7, 9 and 11 Hannah Street and 129-131 Copeland Road, Beecroft
that provide for increased residential densities that are inconsistent with
Council’s adopted Housing Strategy with consequential impacts on the amenity
of established low density residential areas.
FOR: Councillors Berman,
Browne, Chopra, Evans, Hutchence, Martin, Mills, Russell and Smart
AGAINST: NIL
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QUESTIONS WITHOUT NOTICE
Nil
THE MEETING terminated at 8.35pm .
These Minutes were confirmed at the meeting held on Wednesday,
17 October, 2012, at which meeting the signature hereunder was subscribed.