MINUTES OF General
Meeting
Held at Council
Chambers, HORNSBY
on Wednesday 12 March 2014
at 6:36 PM
PRESENT
Councillors Russell (Chairman), Anisse, Berman, Browne, Cox,
Gallagher, Hutchence, Singh and Tilbury.
Note:
Councillor Berman arrived at 6.58pm during discussion of Item 8. He was not
present for consideration of, or voting on, Apologies/Leave of Absence, Declarations
of Interest, Confirmation of Minutes, Items Passed by Exception and Items 7 and
15.
NATIONAL
ANTHEM
OPENING
PRAYER
Reverend Ann Hogan, from Hornsby Uniting Church, 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 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 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 of the non-confidential parts of the
meeting 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 TILBURY, seconded by
COUNCILLOR ANISSE,
THAT the apology and request for leave of absence from Councillor Azizi in respect of an inability to attend the General Meeting on 12 March 2014
be accepted and leave of absence be granted.
FOR: Councillors Anisse,
Browne, Cox, Gallagher, Hutchence, Russell, Singh and Tilbury
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 ANISSE declared a less than significant non-pecuniary
interest in relation to Item 7 – PL6/14 Development Application – Residential Flat Building Comprising 36 Units – 40 and 42A Park Avenue, Waitara. Refer to that
Item for details.
COUNCILLOR SINGH declared a less
than significant non-pecuniary interest in relation to Item 8 – PL2/14 Further
Report – Subdivision of One Lot into Two – 1549 Singleton Road, Singletons
Mill. Refer to that Item for details.
confirmation of minutes
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RESOLVED
ON THE MOTION OF COUNCILLOR Cox,
seconded by COUNCILLOR Tilbury,
THAT the
Minutes of the General Meeting held on Wednesday 12 February 2014 be
confirmed, a copy having been distributed to all Councillors.
FOR: Councillors
Anisse, Browne, Cox, Gallagher, Hutchence, Russell, Singh and Tilbury
AGAINST: Nil
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petitionS
Nil
Rescission Motions
Nil
presentations
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 4, 7, 8, 9, and 10 were withdrawn or left for
discussion later in the meeting.
Item 13 was called over and noted following the inclusion in
the Mayor’s Notes of the function on Thursday 27 February 2014.
RESOLVED ON THE MOTION OF COUNCILLOR
Tilbury, seconded by COUNCILLOR Browne,
THAT the
recommendations in respect of items 1, 2, 3, 5, 6, 11, 12 and 14 be adopted.
FOR: Councillors ANISSE, Browne,
Cox, Gallagher, Hutchence, Russell, Singh and Tilbury
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.
Note: Persons wishing to address
Council on Non Agenda items were permitted to speak after all items on the
Agenda in respect of which there was a speaker from the public were finalised
by Council. Their names are recorded in the Minutes under the heading “Public
Forum – Non Agenda Items”.
GENERAL BUSINESS
General Manager's Division
Nil
Corporate Support Division
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1 CS3/14 Pecuniary
Interest and Other Matters Returns - Disclosures by Councillors and
Designated Persons
(F2013/00386)
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RESOLVED
ON THE MOTION OF COUNCILLOR Tilbury,
seconded by COUNCILLOR Browne,
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 ANISSE, Browne,
Cox, Gallagher, Hutchence, Russell, Singh and Tilbury
AGAINST: Nil
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2 CS7/14 Outstanding
Council Resolutions - Period Until 30 November 2013
(F2005/00112)
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RESOLVED
ON THE MOTION OF COUNCILLOR Tilbury,
seconded by COUNCILLOR Browne,
THAT the
contents of Deputy General Manager’s Report No. CS7/14 be received and noted.
FOR: Councillors ANISSE, Browne,
Cox, Gallagher, Hutchence, Russell, Singh and Tilbury
AGAINST: Nil
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3 CS4/14 Investments
and Borrowings for 2013/14 - Status for Period Ending 31 January 2014
(F2004/06987)
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RESOLVED ON THE MOTION OF COUNCILLOR Tilbury, seconded by COUNCILLOR Browne,
THAT the contents of Deputy General Manager’s
Report No. CS4/14 be received and noted.
FOR: Councillors ANISSE, Browne,
Cox, Gallagher, Hutchence, Russell, Singh and Tilbury
AGAINST: Nil
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4 CS5/14 Independent
Local Government Review Panel - Final Report - "Revitalising Local
Government"
(F2004/07217)
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RESOLVED ON THE MOTION OF COUNCILLOR Hutchence, seconded by COUNCILLOR Singh,
THAT the
responses to the Independent Local Government Review Panel's recommendations,
as detailed in Deputy General Manager's Report No. CS5/14, form the basis of
a submission to the NSW Government subject to the following additional
comments being included in respect of Recommendation 41: "Upon
consideration of the evidence-based KPMG report and subject to favourable
community support, Council will again write to the Minister for Local
Government seeking his urgent favourable consideration of several changes to
the existing boundaries of Hornsby Shire and the local government areas of
The Hills, Ku-ring-gai, Ryde and Parramatta."
FOR: Councillors ANISSE,
BERMAN, Browne, Cox, Gallagher, Hutchence, Russell, Singh and Tilbury
AGAINST: Nil
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5 CS6/14 Local
Government Acts Taskforce - Final Report - "A New Local Government Act
for New South Wales and Review of the City of Sydney Act 1988"
(F2009/00463)
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RESOLVED
ON THE MOTION OF COUNCILLOR Tilbury,
seconded by COUNCILLOR Browne,
THAT the responses to the Local Government Acts
Taskforce recommendations, as detailed in Deputy General Manager’s Report No.
CS6/14, form the basis of a submission to the NSW Government.
FOR: Councillors ANISSE, Browne,
Cox, Gallagher, Hutchence, Russell, Singh and Tilbury
AGAINST: Nil
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Environment and Human Services Division
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6 EH2/14 Proposal
to Enter into a Biobanking Agreement for Upper Pyes Creek and New Farm Road Bushland
(F2004/09595)
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RESOLVED
ON THE MOTION OF COUNCILLOR Tilbury,
seconded by COUNCILLOR Browne,
THAT:
1. Council
submit a proposed Biobanking agreement to the Office of Environment and
Heritage for land known as Upper Pyes Creek and New Farm Road Bushland.
2. The
General Manager be authorised to enter into negotiations with Transport for
NSW to sell any Biobanking credits generated for Upper Pyes Creek and New
Farm Road Bushland at a price within the range outlined in the confidential
attachment to Group Manager’s Report No. EH2/14.
3. The
General Manager be authorised to execute any documents in relation to
Biobanking agreements for Upper Pyes Creek and New Farm Road Bushland as
deemed appropriate by Council’s legal advisors.
FOR: Councillors ANISSE, Browne,
Cox, Gallagher, Hutchence, Russell, Singh and Tilbury
AGAINST: Nil
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Planning Division
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7 PL6/14 Development
Application - Residential Flat Building Comprising 36 Units - 40 and 42a Park Avenue, Waitara
(DA/1028/2013)
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Note: Councillor
Anisse 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 the interest was stated by
Councillor Anisse on the Declaration of Interest form as “Common Architect”
and the explanation of why the interest does not require further action in
the circumstances was “had no involvement, left the room”. Councillor Anisse
was not present at, or in sight of, the meeting when the Item was being
discussed or voted on.
RESOLVED ON THE MOTION OF
COUNCILLOR Browne, seconded by
COUNCILLOR Hutchence,
THAT
Development Application No. DA/1028/2013 for demolition of existing
structures and construction of two, five storey residential flat buildings
containing 36 units and basement car park at Lot 1 DP384182 and Lot 2
DP384182, Nos. 40 and 42A Park Avenue, Waitara be approved subject to the conditions
of consent detailed in Schedule 1 of Group Manager’s Report No. PL6/14.
FOR: Councillors Browne, Cox,
Gallagher, Hutchence, Russell, Singh and Tilbury
AGAINST: Nil
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8 PL2/14 Further
Report - Subdivision of One Lot into Two - 1549 Singleton Road, Singletons
Mill
(DA/272/2013)
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Note:
Councillor Singh 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 the interest was
stated by Councillor Singh on the Declaration of Interest form as “I provided
engineering consultancy services on a project other than the Development
Application at Item No. 8 of tonight’s business to one of the proponents of the
Development Application” and the explanation of why the interest does not
require further action in the circumstances was “Services were provided by me
more than 10 years ago”.
Mr Peter
Lawrence, on behalf of the applicant, addressed Council regarding this item.
RESOLVED ON THE MOTION OF COUNCILLOR Tilbury, seconded by COUNCILLOR Anisse,
THAT:
1. Development
Application No. DA/272/2013 for Torrens title subdivision of one allotment
into two allotments at Lot 4 DP 75209, No. 1549 Singleton Road, Singletons
Mill be refused on the grounds detailed in Schedule 1 of Group Manager’s
Report No. PL2/14.
2. The
Group Manager Planning conduct a briefing for Councillors concerning the
background to the current subdivision standards and planning controls for the
river settlements of Hornsby Shire; and the options for undertaking a review
of controls including the resource and financial implications of any review.
FOR: Councillors Anisse,
Berman, Browne, Cox, Hutchence, Russell, Singh and Tilbury
AGAINST: Councillor Gallagher
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9 PL18/14 Further
Report - Child Care Centre - 48 Somerset Street, Epping
(DA/910/2013)
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Mr Kevan Latty, of Epping, addressed
Council regarding this item.
Mr Benjamin Li, of Epping,
addressed Council regarding this item.
Mr Anthony
El-Hazouri, on behalf of the applicant, addressed Council regarding this
item.
RESOLVED ON THE MOTION OF
COUNCILLOR Hutchence, seconded
by COUNCILLOR Browne,
THAT:
1. Development
Application No. DA/910/2013 for construction of a 60 place purpose built
child care centre with basement car park at Lot 4 DP 25433, No. 48 Somerset Street, Epping be approved subject to the conditions of consent detailed in
Schedule 1 of Group Manager’s Report No. PL18/14 and the following additional
condition:
·
A dilapidation report is to be undertaken on adjacent
properties prior to any work commencing.
2. The
Traffic Committee be requested to review parking restrictions in the area adjacent
to the proposed Child Care Centre and the intersection of Somerset Street and
York Street.
FOR: Councillors Anisse, berman,
Browne, Cox, Gallagher, Hutchence, Russell, Singh and Tilbury
AGAINST: Nil
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10 PL17/14 Further
Report - Child Care Centre - 23 Bellamy Street, Pennant Hills
(DA/679/2012)
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Mr Darryl Allen, on behalf of Pennant
Hills District Civic Trust, addressed Council regarding this item.
Mr Jeffrey Browitt, of Pennant
Hills, addressed Council regarding this item.
Mr Peter Ager, of Pennant
Hills, addressed Council regarding this item.
Mr Shane
Lysaght, on behalf of the applicant, addressed Council regarding this item.
RESOLVED ON THE MOTION OF COUNCILLOR Hutchence, seconded by COUNCILLOR Browne,
THAT Development Application No. DA/679/2012 for demolition of existing structures and construction of a purpose built 60 place child care
centre at Lots 9 and 10, DP 17123, No. 23 Bellamy Street, Pennant Hills be
approved subject to the conditions of consent detailed in Schedule 1 of Group
Manager’s Report No. PL17/14 and the following additional condition:
·
Screen planting be provided across the front of the property to
the height of the approved front fence.
FOR: Councillors Anisse, berman,
Browne, Cox, Gallagher, Hutchence, Russell, Singh and Tilbury
AGAINST: Nil
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11 PL13/14 Section
82A Review of Development Application - Alterations and Additions to a
Dwelling-House - 3 Gum Blossom Drive, Westleigh
(DA/514/2013)
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RESOLVED
ON THE MOTION OF COUNCILLOR Tilbury,
seconded by COUNCILLOR Browne,
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 the Section 82A review of Development Application No.
DA/514/2013 for alterations and additions to a dwelling-house at Lot 8, DP 237968, No. 3 Gum Blossom Drive Westleigh, subject to the conditions of consent
detailed in Schedule 1 of Group Manager’s Report No. PL13/14.
FOR: Councillors ANISSE, Browne,
Cox, Gallagher, Hutchence, Russell, Singh and Tilbury
AGAINST: Nil
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12 PL15/14 North West Rail Link Urban Renewal Project
(F2012/00597)
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RESOLVED
ON THE MOTION OF COUNCILLOR Tilbury,
seconded by COUNCILLOR Browne,
THAT:
1. Council
write to Urban Growth NSW and accept the invitation to participate on the
Precinct Working Group for the urban renewal strategy program for the North
West Rail Link project.
2. Council
indicate that a Project Plan should be prepared for Council’s endorsement
that addresses:
a) previous concerns
regarding actions, responsibility, timeframe, community consultation,
infrastructure and delivery;
b) opportunity
to review the boundary of the Cherrybrook Study Area in response to community
concerns; and
c) Councillor
representation on a Steering Committee or Executive Liaison Group to provide
guidance on overall strategic direction.
3. The General
Manager or his nominee be delegated authority to participate on the Project
Working Group.
FOR: Councillors ANISSE, Browne,
Cox, Gallagher, Hutchence, Russell, Singh and Tilbury
AGAINST: Nil
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Infrastructure and Recreation Division
Nil
CONFIDENTIAL ITEMS
Nil
PUBLIC FORUM – NON AGENDA ITEMS
Mr Rowan Klein, of Hornsby, addressed Council regarding the
building of a granny flat on his property.
Questions of Which Notice Has Been Given
Nil
Mayor's Notes
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13 MN3/14 Mayor's
Notes from 1 to 28 February 2014
(F2004/07053)
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Thursday 6 February 2014 -
The Mayor attended the Catholic Women’s League Celebration Mass for the
Installation of the National Executive 2014-2015 at Our Lady of the Rosary Cathedral in Waitara.
Thursday 6 February 2014
- The Mayor attended the Boyd Office Management Services Launch
Party in Hornsby.
Saturday 8 February 2014
- The Mayor attended the Volunteer Marine Rescue NSW Hawkesbury Unit
for the dedication of the new rescue vessel at Mooney Mooney Club.
Sunday 9 February 2014 -
The Mayor attended the Cherrybrook Chinese Association Chinese New Year
Dinner.
Thursday 13 February
2014 - The Mayor met with students of Studio Artes to discuss their
art exhibition at Wallarobba in May 2014.
Thursday 13 February
2014 - The Mayor attended the NSWCHS Boys Cricket State Carnival held
at Mark Taylor Oval.
Tuesday 18 February 2014
- The Mayor and Councillors Singh and Gallagher hosted three Citizenship
Ceremonies in the Council Chambers.
Tuesday 18 February 2014
- The Deputy Mayor, on the Mayor’s behalf, attended the Retirement of Mr
George Harris as long term Treasurer of Thornleigh Community Centre.
Thursday 20 February
2014 - The Mayor attended the Hornsby Kuring-gai Volunteer Services
Free Movie Night Event at Hornsby.
Sunday 23 February 2014
- The Mayor attended the Commissioning Service for the new Head of Barker
College, Mr Phillip Heath.
Wednesday 26 February
2014 - The Mayor and Councillor Hutchence attended the Epping Chamber
of Commerce Breakfast Meeting.
Thursday 27 February 2014
– Councillor Browne, on the Mayor’s behalf, attended the 50th
Anniversary Dinner of the Beecroft Cheltenham Civic Trust at the Pennant
Hills Golf Club.
Note:
These are the functions that the Mayor, or his representative, has attended
in addition to the normal Council Meetings, Workshops, Mayoral Interviews and
other Council Committee Meetings.
CALLED OVER AND NOTED following the inclusion in the Notes
of the function on Thursday 27 February 2014.
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Mayoral Minutes
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15 MM3/14
Parking in Derby Road, Hornsby
(F2004/09773)
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RESOLVED
ON THE MOTION OF COUNCILLOR RUSSELL, seconded by COUNCILLOR BROWNE,
THAT:
1.
Council provide additional timed parking in Derby Road, Hornsby in
consultation with residents and Hornsby Hospital.
2.
After the timed parking is installed in Derby Road, it be monitored
annually and, if the demand for timed parking is sufficient, more timed
parking areas be considered on other roads near the Hospital.
3.
Council immediately write to the Minister for Health, The Hon. Jillian
Skinner MP and the Minister for Mental Health, The Hon. Kevin Humphries MP,
drawing their attention to the lack of on site parking at Hornsby Hospital and requesting the issue be addressed as part of the current Hospital
upgrade.
FOR: Councillors ANISSE, Browne,
Cox, Gallagher, Hutchence, Russell, Singh and Tilbury
AGAINST: Nil
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Notices of Motion
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14 NOM1/14 Epping
Third Track Noise Issues
(F2012/00157-02)
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RESOLVED ON THE MOTION OF COUNCILLOR Tilbury,
seconded by COUNCILLOR Browne,
THAT Council:
1. Commission
an independent review of the Epping Third Track’s operational noise and
vibration report with a view to assessing the adequacy of the technical
report and the recommended amelioration measures.
2. Write
to the NSW and Federal Governments seeking a commitment over the next five
years to work with industry to identify and implement solutions to address
noise and vibration issues associated with the existing fixed infrastructure
and rolling stock.
FOR: Councillors ANISSE, Browne,
Cox, Gallagher, Hutchence, Russell, Singh and Tilbury
AGAINST: Nil
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MATTERS OF URGENCY
RESOLVED ON THE MOTION OF COUNCILLOR GALLAGHER, seconded by
COUNCILLOR HUTCHENCE,
THAT Councillor Gallagher be permitted to raise a Matter of
Urgency regarding a submission to the 2014 National General Assembly of Local
Government.
FOR: Councillors ANISSE, BERMAN,
Browne, Cox, Gallagher, Hutchence, Russell, Singh and Tilbury
AGAINST: Nil
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16 MOU1/14 Submission to 2014 National General Assembly
of Local Government
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MOVED ON THE MOTION OF COUNCILLOR GALLAGHER,
seconded pro forma by COUNCILLOR HUTCHENCE,
THAT
Council:
A. Request
that the following motion be placed on the agenda of the Australian Local
Government Association’s 2014 National General Assembly of Local Government:
THAT:
1. In
the interests of protecting bank deposits of local government ratepayers and
residents, the 2014 National General Assembly of Local Government unalterably
oppose any legislation by the Australian Federal Government to introduce
“bail-in” (seizure) of Australian bank deposits as happened in Cyprus in
March 2013.
2. The
Australian Federal Government, instead of passing legislation enabling
‘bail-in’, pass legislation modelled on the USA Glass-Steagall law which
separates commercial banking from investment banking.
B. Write
to all local Federal and State Members of Parliament informing them of
Council’s motion to the National General Assembly of Local Government, seeking
their support, and requesting them to present the motion to the State and Federal Parliaments.
A FORESHADOWED MOTION WAS MOVED BY COUNCILLOR RUSSELL,
THAT
Council not participate in the 2014 National General Assembly of Local
Government in June 2014 as the Australian Local Government Association has
not demonstrated that it represents good value to the residents of Hornsby
Shire.
THE MOTION
MOVED BY COUNCILLOR GALLAGHER, seconded by COUNCILLOR HUTCHENCE, WAS PUT AND
LOST.
FOR: COUNCILLOR GALLAGHER
AGAINST: Councillors ANISSE, BERMAN,
Browne, Cox, Hutchence, Russell, Singh and Tilbury
THE
FORESHADOWED MOTION, MOVED BY COUNCILLOR RUSSELL, WAS SECONDED BY COUNCILLOR
HUTCHENCE, THEREBY BECOMING THE MOTION, WHICH WAS PUT AND CARRIED.
FOR: Councillors ANISSE,
BERMAN, Browne, Cox, Gallagher, Hutchence, Russell, Singh and Tilbury
AGAINST: Nil
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______________________________
RESOLVED ON THE MOTION OF COUNCILLOR HUTCHENCE, seconded by
COUNCILLOR BROWNE,
THAT
Councillor Hutchence be permitted to raise a Matter of Urgency regarding the
Epping Urban Activation Precinct.
FOR: Councillors ANISSE,
BERMAN, Browne, Cox, Gallagher, Hutchence, Russell, Singh and Tilbury
AGAINST: Nil
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17 MOU2/14 Epping Urban Activation Precinct
(F2012/00866-03)
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RESOLVED ON THE MOTION OF COUNCILLOR
HUTCHENCE, seconded by COUNCILLOR BROWNE,
THAT Council:
1.
Make representations to the Minister of NSW Planning and
Infrastructure requesting that:
a)
The Epping Urban Activation Precinct be finalised as soon as possible;
and
b)
Timing for the delivery of local road improvements under the Housing
Acceleration Fund, including the widening of the Epping Bridge, be announced
concurrently.
2.
Write to local State Members expressing concern regarding the delay in
finalising the Epping Town Centre Urban Activation Plan and requesting their
support in seeking the finalisation of the Plan as a matter of priority.
FOR: Councillors ANISSE,
BERMAN, Browne, Cox, Gallagher, Hutchence, Russell, Singh and Tilbury
AGAINST: Nil
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QUESTIONS WITHOUT NOTICE
Nil
THE MEETING terminated at 8.45pm.
These Minutes were confirmed at the meeting held on Wednesday
9 April 2014, at which meeting the signature hereunder was subscribed.
CONFIRMED CHAIRMAN
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