Agenda of General Meeting

Hornsby Shire Council Agenda and Summary of Recommendations

Page 1

AGENDA AND SUMMARY OF RECOMMENDATIONS

PRESENT

NATIONAL ANTHEM

OPENING PRAYER/S

Pastor Peter Mbakwe, from Awesomerock Church, Hornsby, will open 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 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. No other persons are permitted to record the Meeting, unless specifically authorised by Council to do so."

APOLOGIES / LEAVE OF ABSENCE

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.”

declarations of interest

Clause 52 of Council’s Code of Meeting Practice (Section 451 of the Local Government Act, 1993) requires that a councillor or a member of a Council committee who has a pecuniary interest in a matter which is before the Council or committee and who is present at a meeting of the Council or committee at which the matter is being considered must disclose the nature of the interest to the meeting as soon as practicable. The disclosure is also to be submitted in writing (on the form titled “Declaration of Interest”).

The Councillor or member of a Council committee must not be present at, or in sight of, the meeting of the Council or committee:

(a) at any time during which the matter is being considered or discussed by the Council or committee.

(b) at any time during which the Council or committee is voting on any question in relation to the matter.

Clause 51A of Council’s Code of Meeting Practice provides that a Councillor, Council officer, or a member of a Council committee who has a non pecuniary interest in any matter with which the Council is concerned and who is present at a meeting of the Council or committee at which the matter is being considered must disclose the nature of the interest to the meeting as soon as practicable. The disclosure is also to be submitted in writing (on the form titled “Declaration of Interest”).

If the non-pecuniary interest is significant, the Councillor must:

a) remove the source of conflict, by relinquishing or divesting the interest that creates the conflict, or reallocating the conflicting duties to another Council official.

b) have no involvement in the matter by absenting themself from and not taking part in any debate or voting on the issue as if the provisions of Section 451(2) of the Act apply.

If the non-pecuniary interest is less than significant, the Councillor must provide an explanation of why they consider that the interest does not require further action in the circumstances.

confirmation of minutes

THAT the Minutes of the General Meeting held on 11 March 2015 be confirmed; a copy having been distributed to all Councillors.

Petitions

presentations

Rescission Motions

Mayoral Minutes

ITEMS PASSED BY EXCEPTION / CALL FOR SPEAKERS ON AGENDA ITEMS

Note:

Persons wishing to address Council on matters which are on the Agenda are permitted to speak, prior to the item being discussed, and their names will be recorded in the Minutes in respect of that particular item.

Persons wishing to address Council on non agenda matters, are permitted to speak after all items on the agenda in respect of which there is a speaker from the public have been finalised by Council. Their names will be recorded in the Minutes under the heading "Public Forum for Non Agenda Items".

GENERAL BUSINESS

· Items for which there is a Public Forum Speaker

· Public Forum for non agenda items

· Balance of General Business items

Office of the General Manager

Nil

Corporate Support Division

Page Number 1

Item 1 CS6/15 Review of Policies and Codes - General Manager's and Corporate Support Divisions

RECOMMENDATION

THAT Council adopt the recommendations contained in the table in Deputy General Manager’s Report No. CS6/15 in respect of each of the current policies under the jurisdiction of the General Manager’s and Corporate Support Divisions.

Page Number 10

Item 2 CS9/15 Operational Plan (including Budget and Fees and Charges) for 2015/16 - Adoption of Draft Documents for Public Exhibition

RECOMMENDATION

THAT:

1. Council adopt for public exhibition and make available for public comment from 9 April to 8 May 2015, the draft Operational Plan 2015/16 which includes the draft Budget, Fees and Charges and Rating Structure for 2015/16, as well as the revised capital works program for the remaining six years of the 10 year Independent Pricing and Regulatory Tribunal special rate variation infrastructure program.

2. Council note that the rating information contained in the draft Operational Plan 2015/16 is in line with the Independent Pricing and Regulatory Tribunal’s approval for NSW councils (i.e. a 2.4% rate increase for 2015/16).

3. Following the public exhibition period, and before 30 June 2015, a further report be prepared for Council’s consideration which provides details of any submissions received and recommends the adoption of a final Operational Plan 2015/16, including, the Budget, Fees and Charges and Rating Structure for that year.

Page Number 16

Item 3 CS10/15 Investments and Borrowings for 2014/15 - Status for Period Ending 28 February 2015

RECOMMENDATION

THAT the contents of Deputy General Manager’s Report No. CS10/15 be received and noted.

Environment and Human Services Division

Nil

Planning Division

Page Number 19

Item 4 PL26/15 Development Application - Boundary Amendment to a Two Lot Strata Subdivision - 1/59 and 2/59 Denman Parade, Normanhurst

RECOMMENDATION

THAT Council assume the concurrence of the Secretary of the Department of Planning and Environment pursuant to Clause 4.6 of the Hornsby Local Environmental Plan 2013 and approve Development Application No. DA/1250/2014 for an amendment to the boundaries of a two allotment Strata subdivision at Lot 2 SP 22308, Nos.1/59 and 2/59 Denman Parade, Normanhurst subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL26/15.

Page Number 31

Item 5 PL25/15 Design Excellence Planning Proposal - After Exhibition

RECOMMENDATION

THAT:

1. Council forward the Design Excellence Planning Proposal attached to Group Manager’s Report No. PL25/15 to the Minster for Planning for finalisation pursuant to Section 59 of the Environmental Planning and Assessment Act 1979.

2. Submitters be advised of Council’s decision.

3. Council engage the following consultants to form its Design Excellence Referral Panel:

a) Brett Newbold Urban Planning

b) DEM

c) GMU

d) Johannsen and Associates

e) LFA

4. Unsuccessful consultants be advised of Council’s decision and thanked for their submission.

Infrastructure and Recreation Division

Page Number 40

Item 6 IR5/15 Epping Aquatic Centre

RECOMMENDATION

THAT:

1. Epping Aquatic Centre be permanently closed and demolished, following its scheduled winter closure on 31 March 2015.

2. A masterplan for Dence Park be developed.

Page Number 47

Item 7 IR10/15 Recreation and Open Space

RECOMMENDATION

THAT:

1. Council note the findings of the draft Active Living Hornsby Strategy (ALHS).

2. Council endorse placing the draft ALHS on public exhibition with a response to the exhibition to be reported back to Council.

PUBLIC FORUM – NON AGENDA ITEMS

Questions of Which Notice Has Been Given

Mayor's Notes

Page Number 52

Item 8 MN4/15 Mayor's Notes - 1 to 31 March 2015

Notices of Motion

SUPPLEMENTARY AGENDA

MATTERS OF URGENCY

QUESTIONS WITHOUT NOTICE

Deputy General Manager's Report No. CS6/15

Corporate Support Division

Date of Meeting: 8/04/2015

1 REVIEW OF POLICIES AND CODES - GENERAL MANAGER'S AND CORPORATE SUPPORT DIVISIONS

EXECUTIVE SUMMARY

· Council’s Policy – “Review, Adoption and Alteration of Council Policies” – states that each Division of Council has a two month period in the first and third year of each term of Council to review all policies under their control and recommend any changes to Council.

· The current policies pertaining to the General Manager’s and the Corporate Support Divisions have now been reviewed and recommendations have been made for each policy based on current service needs and legislative changes.

RECOMMENDATION

PURPOSE

The purpose of this Report is to present to Council the outcomes of the review of policies under the jurisdiction of the General Manager’s and Corporate Support Divisions, and to seek Council’s endorsement of the recommended actions in response to the review of those policies.

BACKGROUND

Council’s Policy – “Review, Adoption and Alteration of Council Policies” – states that each Division of Council has a two month period in the first and third year of each term of Council to review all policies under their control and recommend any changes to Council.

The policies under the jurisdiction of the General Manager’s Division and Corporate Support Division were last reviewed at the Ordinary Meeting of Council on 17 April 2013 via Deputy General Manager’s Report No. GM2/13.

DISCUSSION

General Manager’s Division Policies and Codes

A review of the current policies under the jurisdiction of the General Manager’s Division has been undertaken and a listing, together with a summary of proposed amendments, is contained below. The policies, incorporating amendments where they are proposed, are attached. Deletions are shown in the attachments by ~~strikethrough~~ and additions by underlining.

Current Policy Title

Comment and Recommendation

Procedures for the Administration of the Code of Conduct

POL00374

No changes are proposed for this Policy.

Recommendation – That this Policy be retained as is.

Elections – Caretaker Period

POL00285

A minor amendment is proposed at Clause 5.6 to address the issue of how content posted on social media platforms (in addition to Council’s website) during the Caretaker Period will be managed, being that the staff apply the protocols already set out in the Electronic Communication Security Determination.

Recommendation – That this Policy be amended as outlined above and as shown in the copy attached to this report.

Code of Conduct

POL00140

Amendments are proposed at Part 4 – Conflicts of Interest and Part 7 – Access to Information and Council Resources. The changes to Part 4 clarify how pecuniary interests are to be managed. At present, the Code of Conduct only contains specific commentary on how non-pecuniary interests are to be managed so this amendment will rectify this anomaly. The changes to Part 7 clarify that the term “computer resources” also extends to mobile devices such as smart phones or tablets, hence these devices cannot be used to search for, access, download or communicate any inappropriate material as described in clause 7.19 of the Code.

Recommendation – That this Policy be amended as outlined above and as shown in the copy attached to this report.

Complaints Handling

POL00097

No changes are proposed for this Policy.

Recommendation – That this Policy be retained as is.

Reporting of Corruption, Maladministration, Substantial Waste, Government Information Contravention and Other Wrongdoing

POL00090

Various amendments are proposed to reflect changes made to the Model Internal Reporting Policy by the NSW Ombudsman in June 2014.

Recommendation – That this Policy be amended as outlined above and as shown in the copy attached to this report.

Review, Adoption and Alteration of Council Policies

POL00089

No changes are proposed for this Policy.

Recommendation – That this Policy be retained as is.

Councillors Employees and Volunteers – Legal Assistance and Insurance Protection

POL00039

No changes are proposed for this Policy.

Recommendation – That this Policy be retained as is.

Consultants – Engagement and Selection

POL00098

It is proposed that this Policy be deleted on the basis the wording in the Policy was simply restating existing operational guidelines which are currently in use for procurement of all goods and services throughout the organisation, including consultants.

Recommendation – That this Policy be deleted.

Freedom of Speech

POL00046

It is proposed that this Policy be deleted on the basis that the right to Freedom of Speech is already a fundamental human right as expressed through Article 19 of The Universal Declaration of Human Rights. The remaining sections of this Policy are also satisfactorily covered by the Code of Conduct. The deletion of this Policy will necessitate the removal of cross-references in Part 3 of the Code of Conduct which have been shown in this document.

Recommendation – That this Policy be deleted.

Corporate Support Division’s Policies and Codes

A review of the current policies under the jurisdiction of the Corporate Support Division has been undertaken and a listing, together with a summary of proposed amendments, is contained below. The policies, incorporating amendments where they are proposed, are attached. Deletions are shown in the attachments by ~~strikethrough~~ and additions by underlining.

Policy

Comment and Recommendation

Financial Services Branch

Restricted Asset Accounts – Internal

POL00062

No changes are proposed for this Policy.

Recommendation – That this Policy be retained as is.

Restricted Asset Account – Parks Development

POL00061

No changes are proposed for this Policy.

Recommendation – That this Policy be retained as is.

Restricted Asset Account - Land Acquisition

POL00060

No changes are proposed for this Policy.

Recommendation – That this Policy be retained as is.

Restricted Asset Account – Capital Projects – Debt Retirement

POL00059

No changes are proposed for this Policy.

Recommendation – That this Policy be retained as is.

Rates Relief – Hardship

POL00058

No changes are proposed for this Policy.

Recommendation – That this Policy be retained as is.

Loan Borrowings

POL00054

No changes are proposed for this Policy.

Recommendation – That this Policy be retained as is.

Lease Financing

POL00052

No changes are proposed for this Policy.

Recommendation – That this Policy be retained as is.

Land Property Sales – Use of Funds

POL00051

No changes are proposed for this Policy.

Recommendation – That this Policy be retained as is.

Investment of Surplus Funds

POL00049

No changes are proposed for this Policy.

Recommendation – That this Policy be retained as is.

Governance and Customer Service Branch

Access to Information held by Council – Hornsby Shire Council

POL00296

Most of this Policy repeats parts of the Government Information (Public Access) (GIPA) Act. As Council is required to process applications for access to information in accordance with the GIPA Act, the Policy is not required. Council’s website already contains an Access to Information page which includes a simple, easy to read overview of the key points on how to obtain access to Council information. It is considered appropriate, therefore, that no separate Policy be maintained, and that the website information be updated as necessary to ensure clear, simple and accurate advice to members of the public about the process of accessing information held by Council.

Recommendation – That this Policy be deleted.

Statutory – Councillors – Expenses and Facilities

POL00135

In accordance with Section 252 of the Local Government Act, a review of this Policy is required to be completed annually during the July to November period. This Policy was reviewed and amended in October 2014 in accordance with such legislative requirement, and it is proposed to submit a report to Council about this Policy in September 2015. This will be followed by a public exhibition of the Policy prior to formal adoption at the November 2015 General Meeting.

Recommendation – That this Policy be retained as is.

Statutory – Privacy Management Plan

POL00134

Following review of this Policy in August 2014 and provision of the updated Policy to the Information and Privacy Commission (IPC) in December 2014, comments were received from IPC which included some suggested amendments for consideration. These amendments relate mostly to legislative references and have been incorporated in this updated version of the Policy.

Recommendation – That this Policy be amended as outlined above and as shown in the copy attached to this Report.

Statutory – Code of Meeting Practice

POL00133

Minor grammatical, formatting and reference amendments have been proposed to provide clarification. To assist with management of meetings, the Mayor has requested the insertion of a statement (at Clause 10(8)) requiring Councillors to advise the Chair if they will be leaving a meeting and not returning. Also, a reference to a previously deleted Council Policy (Councillors’ Questions and Requests) has been replaced with the relevant words from that Policy relating to limits on Councillors’ questions and requests (Clause 26(7)).

Recommendation – That this Policy be amended as outlined above and as shown in the copy attached to this Report.

Customer Service

POL00100

Minor grammatical amendments are proposed to provide clarification.

Recommendation - That this Policy be amended as outlined above and as shown in the copy attached to this Report.

Information Communications and Technology Branch

Information Systems Technology

POL00047

A minor amendment is proposed to include reference to the Information, Communications and Technology (ICT) Steering Committee.

Recommendation – That this Policy be amended as outlined above and as shown in the copy attached to this Report.

Land and Property Services Branch

Disposal of Land

POL00128

Minor amendments only are proposed to reflect changes in position titles following the organisation restructure in 2012.

Recommendation – That this Policy be amended as outlined above and as shown in the copy attached to this Report.

Land – Lease/Licence by Council

POL00050

No changes are proposed for this Policy.

Recommendation – That this Policy be retained as is.

Strategy and Communications Branch

Community Representation

POL00081

This policy has been reviewed. The wording has been updated and clarified. The intent of the policy remains unchanged.

Recommendation – That this Policy be amended as outlined above and as shown in the copy attached to this report.

Public and Community Input

POL00091

This policy has been reviewed. Both the policy intent and the wording remain current and no change is recommended.

Recommendation – That this Policy by retained as is.

BUDGET

There are no budgetary implications associated with this Report.

POLICY

Details of the review of each current Policy that has been undertaken across the two Divisions is summarised within this Report.

CONCLUSION

The review of policies by the General Manager’s and Corporate Support Divisions is the first of a series of reports that Council will be asked to consider this year. Each of the other Divisions will submit their reports in the coming months. The major aims of the reviews is to only retain documents as policies if they add value to Council’s operations and to ensure that policies are not simply a restatement of legislation, standards, etc. that Council is otherwise expected to follow.

RESPONSIBLE OFFICER

The officers responsible for the preparation of this Report are the Risk and Audit Manager – Scott Allen, who can be contacted on 9847 6609; and the Branch Managers and Deputy General Manager of the Corporate Support Division, who can be contacted through Gary Bensley on 9847 6605.

Gary Bensley

Deputy General Manager

Corporate Support Division

Scott Phillips

General Manager

Office of the General Manager

Attachments:

1.View	General Manager's Division Policies
2.View	Corporate Support Division Policies

File Reference: F2015/00029

Document Number: D04596865

Deputy General Manager's Report No. CS9/15

Corporate Support Division

Date of Meeting: 8/04/2015

2 OPERATIONAL PLAN (INCLUDING BUDGET AND FEES AND CHARGES) FOR 2015/16 - ADOPTION OF DRAFT DOCUMENTS FOR PUBLIC EXHIBITION

EXECUTIVE SUMMARY

· A draft Operational Plan for 2015/16 has recently been developed which includes budget information at the branch and organisational levels, the rates proposed to be charged to ratepayers and the fees to be charged for the domestic waste service. Other fees and charges proposed for 2015/16 are included in a separate document.

· The draft Operational Plan 2015/16 also details proposed capital works over the coming six year period, 2015/16 to 2020/21. The Independent Pricing and Regulatory Tribunal’s (IPART) approval in June 2011 for a special rate variation was premised on implementation of a 10 year infrastructure program from 2011/12 to 2020/21.

· The remaining six years of this infrastructure program have now been reviewed and revised taking into account findings of recent consultations with our community, as well as re-evaluation of priorities based on more current information.

· The draft Operational Plan for 2015/16 is based on the 2.4% rate increase approved by IPART and provides for a budget surplus of $5,647.

RECOMMENDATION

THAT:

PURPOSE

The purpose of this Report is to present to Council for adoption the draft Operational Plan 2015/16 (incorporating the Budget, Fees and Charges and Rating Structure for 2015/16) such that the draft documents can be publicly exhibited from Thursday 9 April to Friday 8 May 2015 prior to being reconsidered for final adoption by Council in June 2015.

BACKGROUND

By 30 June in the year following local government elections, all councils are required to develop a 10 year community strategic plan, a four year delivery program and a one year operational plan as well as a resourcing strategy. The purpose is to identify the main priorities and aspirations for the future of the local government area and the resources required to move to that preferred future. Your Community Plan 2013-2023, Council’s 10 year community strategic plan, was adopted on 19 June 2013 together with a Delivery Program for 2013-17 and a 2013/14 Operational Plan. The Office of Local Government requires that the four year delivery program and one year operational plan be reviewed annually.

DISCUSSION

Delivery Program 2013-17

The Delivery Program for 2013-17 is Council’s response to the aspirations detailed in the Your Community Plan 2013-2023 document. The Delivery Program describes Council’s commitment to the community during this term of office and contains the principal activities to be undertaken, the funding required, and the service delivery indicators to measure the success of those activities. The rolling four year program of principal activities in the Delivery Program 2013-17 has been reviewed. A structural change has been made which involves adding a further theme ‘My Property’ to better reflect the way the community perceives Council services. Details of principal activities have also been refined to align with services that Council carries out, which allows easier interpretation by the community of the Key Actions that Council will carry out during the financial year and the general costs of each service. These changes are only structural and do not change the intent of the Program.

Draft Operational Plan 2015/16

The Operational Plan for 2015/16 is a subset of the Delivery Program. It spells out the Key Actions that will be undertaken in 2015/16 and includes Council’s detailed annual budget and statement of revenue policy which includes the proposed rates, fees and charges. The draft Operational Plan 2015/16 includes a capital works program which covers the next six years. In June 2011, the Independent Pricing and Regulatory Tribunal approved a special rate variation premised on implementation of a ten year infrastructure program from 2011/12 to 2020/21. During 2014 Council undertook several major consultations including:

· the Active Living Hornsby Strategy (ALHS) to identify future requirements and gaps in recreation facilities, parks and open space areas within the Shire (see Deputy General Manager’s Report No. IR10/15 to be considered by Council at the 8 April 2015 General Meeting).

· the Socio Cultural Strategy to ensure that Council remains abreast of the socio-cultural needs of the community (see Group Manager’s Report No. EH3/15 considered by Council at the 11 February 2015 General Meeting).

· the Community and Cultural Facilities Strategic Plan to provide Council with a strategic focus on the management and administration of the community and cultural facilities property portfolio over the next ten years (see Group Manager’s Report No. EH2/15 considered by Council at the 11 March 2015 General Meeting).

The remaining six years of this infrastructure program have now been reviewed and revised taking into account the findings of the consultations with our community, as well as re-evaluation of priorities based on more current information.

Council staff commenced preparation of the 2015/16 Budget in December 2014. To minimise some of the financial constraints and considerations impacting on local government, and to avoid excessive demands which could not be met, the 2015/16 Budget parameters included:

· A general rate increase of 2.4% for 2015/16 – this is the percentage increase approved by IPART and advised to Council on 2 December 2014.

· Zero external loan borrowing and the continuation of prudent financial management.

· A nil increase to Divisional expenditure (net of direct labour) for material and contract expenditure - this is despite substantial price increases, particularly for construction materials. Any increase has been required to be offset by productivity improvements, service reductions or increased fees.

· Direct salaries and wages to include provision for the Local Government (State) Award increase. A labour increase of 2.7% for 2015/16 has been allowed for and calculated on 50 pay weeks. The two week reduction from a full year represents organisational savings which occur as a result of the average delay in replacing staff members who retire/resign/etc. and/or productivity improvements that are required.

· The use of Council staff where possible to undertake Special Rate Variation projects; Section 94 Development Contributions projects; and other funded projects.

· Any new projects to be subject to an appropriate merit evaluation.

The draft Budget for 2015/16 has been developed in line with the above parameters. Those parameters, together with savings achieved over the past few years and the achievement of further productivity measures targeted across the organisation, has initially achieved a cash-funding surplus of $6.840 million. This is consistent with Council’s goal to maintain prudent financial management of its finances and to allocate financial surpluses towards key strategic issues e.g.:

· $5.985 million towards funding the Section 94 funding gap (of approximately $19 million) identified in Council’s 2012-2021 Section 94 Development Contributions Plan.

· $200K towards reducing the backlog in respect to tree management services

· $650K towards maintaining Council’s sealed pavement network at an acceptable standard.

A further $100K of special rate funds allocated recurrently towards roads has been redirected specifically towards sealed pavement maintenance.

It is noted that the level of capital expenditure included in the draft Operational Plan totals $35.2 million for 2015/16 and includes projects such as:

· Major and minor drainage projects - $2.4 million

· Bushland and waterways (Catchments Remediation Rate) projects - $1.7 million

· Parks and sporting facilities projects - $10.65 million

· Local road improvements - $3.7 million

· Hornsby Station Footbridge - $6.7 million

A review is currently underway in respect to building maintenance requirements. This may result in the reduction of available funds being proposed to be transferred to the Section 94 gap restricted asset in 2015/16. The review will be completed during the public exhibition period of the Operational Plan.

Rate Reductions for Eligible Pensioners

Eligible pensioners across NSW are entitled to a $250 reduction in the ordinary rates and domestic waste management services. During the operation of the Hornsby Quarry Loan Rate and the Special Rate Variation for Infrastructure, Council provided eligible pensioners with an additional rebate of $30 to ameliorate the financial impact of those rates. The additional rebate comprised $10 for the Hornsby Quarry Loan Rate and $20 for the IPART approved Special Rate for Infrastructure which increased the rate above the rate peg amount. The draft Budget for 2015/16 takes account of the discontinuation of the Hornsby Quarry Loan Rate and the cessation of the Special Rate Variation above the rate peg last year by removing the additional rebate of $30. Eligible pensioners will continue to receive the $250 reduction in their rates. Details regarding the pensioner rebate are available in the Rating Information section of the Operational Plan 2015/16.

Epping Aquatic Centre

Epping Aquatic Centre, located in Dence Park off Stanley Street, Epping, was opened in 1960, and has operated continuously, either all year round or for summer season only, ever since. It was funded substantially (£94,000) from a rate levy imposed on the residents of C Riding. Other contributions (£12,000) came from residents and the Eastwood Epping War Memorial Pool Committee. The Centre is in near-original condition and concerns about the age and condition of the main pool and equipment, supported by expert opinion, indicate that it is nearing the end of its useful life.

The operations of the Aquatic Centre require an annual Council subsidy of $300,000 to cover operating losses. This subsidy does not include asset management and maintenance of the pool infrastructure. Patronage is declining. The Epping Aquatic Centre with its aged and damaged infrastructure and lack of space (including lack of enclosed pools) cannot attract the revenue-generating programs and leisure swimmers to compete with a modern centre. Deputy General Manager’s Report No. IR5/15, which is also on this Meeting’s agenda, recommends that Epping Aquatic Centre be permanently closed and demolished, following its scheduled winter closure on 31 March 2015. If the recommendation is adopted, the $300,000 maintenance budget would be available for allocation to other services.

Hornsby Quarry Site

Council received an offer from Roads and Maritime Services to use Hornsby Quarry for the disposal of one million cubic metres of NorthConnex tunnel spoil. The offer is conditional on a number of matters including the proponent (NorthConnexCo) receiving planning approval for a modification to the existing approval issued on 13 January 2015 by the NSW Department of Planning and Environment. An equal investment of $7.33 million each is required by Council, the Commonwealth Government and the NSW Government. The offer provides a one-off opportunity to rapidly fill the Quarry with virgin material, which will enable the development of high quality parklands accommodating a range of exciting recreation and cultural pursuits on the land by 2021. Council, at its 11 March 2015 General Meeting, agreed to express its support for the project and conditionally agreed to contribute $7.33 million towards the project in staged payments.

Fees and Charges

The proposed Fees and Charges for 2015/16 have been reviewed and increased by the CPI or by an amount which has regard to market conditions and the appropriate cost recovery level. Opportunities to recover administrative and overhead costs in respect of business activities have also been investigated and implemented where appropriate. Where applicable, the final price includes GST which does not contribute revenue to Council but is forwarded to the Federal Government.

Rating Structure

Council reviewed its rating structure at the April 2006 Ordinary Meeting when it considered Executive Manager’s Report No. CC20/06. That structure has continued to apply in respect of the calculation of the rates since that time and it is recommended that the same rating structure continue in 2015/16. Details of the rates types and yields, rating categories, base amounts, minimum rates for business properties, ad valorem amounts and other statutory rating information are set out in the draft Operational Plan document.

The rating information is in line with the 2.4% increase approved by IPART for 2015/16. The base amount for ordinary, residential and farmland rates will increase from $496 in 2014/15 to $509 in 2015/16. The Valuer General supplied Council with new land values for properties across the Shire as at 1 July 2014. These values have been used for the 2015/16 financial year and will continue to be used for the 2016/17 and 2017/18 financial years.

It is noted that the annual amount levied for the Hornsby Quarry Loan Rate, which was based on the Minister’s approval for the 2005/06 year and escalated on a cumulated basis in the following years by the annual rate pegging increase announced by the NSW Government and IPART, has been removed from the 2015/16 rating structure in line with the Minister’s original approval.

CONSULTATION

The formal public exhibition period of the Draft Operational Plan 2015/16 is scheduled to occur from Thursday 9 April to Friday 8 May 2015. Comments received during the formal exhibition period will be considered and reported to Council prior to adoption of the final documents in June 2015.

BUDGET

Any budget implications have been included in the Discussion section of this Report.

POLICY

The Delivery Program describes Council’s commitment to the community during this term of office and contains the principal activities to be undertaken, the funding required, and the performance indicators to measure the success of those activities.

CONCLUSION

The Draft Operational Plan 2015/16 (including the Budget, Fees and Charges and Rating Structure) encompass Council’s prudent and financially viable response to the priorities and expected levels of service voiced by the community. Public exhibition of these documents provides an opportunity for the community to give feedback on any proposed action or activity for 2015/16. That feedback will be considered by Council prior to final adoption of the Draft Operational Plan in June 2015.

RESPONSIBLE OFFICER

The officers responsible for the preparation of this Report are the Chief Financial Officer – Glen Magus and the Manager, Strategy and Communications – Julie Williams, who can be contacted on 9847 6635 and 9847 6790 respectively.

Gary Bensley

Deputy General Manager

Corporate Support Division

Scott Phillips

General Manager

Office of the General Manager

Attachments:

1.View	Draft Operational Plan 2015/16 - For Exhibition
2.View	Draft Fees and Charges 2015/16 - For Exhibition

File Reference: F2014/00562

Document Number: D04921761

Group Manager’s Report No. PL26/15

Planning Division

Date of Meeting: 8/04/2015

4 DEVELOPMENT APPLICATION - BOUNDARY AMENDMENT TO A TWO LOT STRATA SUBDIVISION - 1/59 AND 2/59 DENMAN PARADE, NORMANHURST

EXECUTIVE SUMMARY

DA No:	DA/1250/2014 (Lodged 16 October 2014)
Description:	Boundary amendment to a two allotment Strata subdivision
Property:	Lot 2 SP 22308 - 1/59 and 2/59 Denman Parade, Normanhurst
Applicant:	Mr Matthew Hunter
Owner:	Mr Michael Whitley, Mrs Alexandra Whitley, Mr Matthew Hunter, Mrs Claudia Hunter and Owners Corporation - SP 22308
Estimated Value:	$10,000
Ward:	B

· The application involves an amendment to the boundaries of a two allotment Strata subdivision of an existing multi-unit housing development.

· The proposal does not comply with the minimum lot size development standard under the Hornsby Local Environmental Plan 2013 (HLEP). The applicant has made a submission in accordance with Clause 4.6 ‘Exceptions to development standards’ of the HLEP to vary the minimum lot size development standard. The submission is considered well founded and is supported.

· No submissions have been received in respect of the application.

· It is recommended that the application be approved.

RECOMMENDATION

BACKGROUND

On 29 April 1954, Council approved the construction of a multi-unit housing development comprising two attached dwellings as currently exists on the site.

On 22 October 1984, approval was granted for strata subdivision of the development.

On 9 December 2008, DA/1491/2008 was approved for an addition to one of the attached dwellings, comprising a new living room.

On 9 April 2013, DA/175/2013 was approved for alterations and additions to the multi-unit housing development involving a rumpus room and bedroom on the lower ground floor and bathroom on the ground floor of dwelling 1, and a rumpus room, store room and stairs on the lower ground floor and an extension of the existing living room on the ground floor of dwelling 2.

SITE

The site has an area of 766.5m² and is located on the north western side of Denman Parade, Normanhurst. The site has a width of approximately 16.7 metres and a depth of approximately 45.7 metres.

The site contains two attached part one and part two storey dwellings. The two dwellings have been Strata subdivided.

There is a 5 metre fall towards the rear, western corner of the site.

There is an existing timber fence dividing the open space areas of the two dwelling houses. Both the dwelling houses have separate access from Denman Parade.

The surrounding development predominately consists of low density residential dwellings.

PROPOSAL

The application proposes an amendment to the boundaries of the Strata subdivision of the existing multi-unit housing development. The existing allotments are known as Lot 1 and Lot 2 in SP 22308.

The Strata plan was approved in 1984 for the subdivision of the two dwellings. This application seeks to undertake a boundary adjustment of the existing Strata subdivision, so that the existing common areas would be divided equally between the two dwellings. Subdividing the common property would provide separate private courtyards for each dwelling.

Lot 3 on the proposed Strata Plan would have a total area of 391m² and Lot 4 would have a total area of 389m².

No buildings works are proposed as part of the application.

ASSESSMENT

The development application has been assessed having regard to the ‘A Plan for Growing Sydney’, the ‘North Subregion (Draft) Subregional Strategy’ and the matters for consideration prescribed under Section 79C of the Environmental Planning and Assessment Act 1979 (the Act). The following issues have been identified for further consideration.

1. STRATEGIC CONTEXT

1.1 A Plan for Growing Sydney and (Draft) North Subregional Strategy

A Plan for Growing Sydney has been prepared by the NSW State Government to guide land use planning decisions for the next 20 years. The Plan sets a strategy for accommodating Sydney’s future population growth and identifies the need to deliver 689,000 new jobs and 664,000 new homes by 2031. The Plan identifies that the most suitable areas for new housing are in locations close to jobs, public transport, community facilities and services.

The NSW Government will use the subregional planning process to define objectives and set goals for job creation, housing supply and choice in each subregion. Hornsby Shire has been grouped with Hunters Hill, Ku-ring-gai, Lane Cove, Manly, Mosman, North Sydney, Pittwater, Ryde, Warringah and Willoughby to form the North Subregion. The Draft North Subregional Strategy will be reviewed and the Government will set housing targets and monitor supply to ensure planning controls are in place to stimulate housing development.

The proposed development would not be inconsistent with ‘A Plan for Growing Sydney’.

2. STATUTORY CONTROLS

Section 79C(1)(a) requires Council to consider “any relevant environmental planning instruments, draft environmental planning instruments, development control plans, planning agreements and regulations”.

2.1 Hornsby Local Environmental Plan 2013

The proposed development has been assessed having regard to the provisions of the Hornsby Local Environmental Plan 2013 (HLEP).

2.1.1 Zoning of Land and Permissibility

The subject land is zoned R2 Low Density Residential under the HLEP. The objectives of the zone are:

(a) To provide for the housing needs of the community within a low density residential environment.

(b) To enable other land uses that provide facilities or services to meet the day to day needs of residents.

The proposed development is defined as subdivision and is permissible in the zone with Council’s consent.

2.1.2 Height of Buildings

Clause 4.3 of the HLEP provides that the height of a building on any land should not exceed the maximum height shown for the land on the Height of Buildings Map. The maximum permissible height for the subject site is 8.5m. The proposal does not change the existing building height. Accordingly, no further assessment regarding height of building is necessary.

2.1.3 Minimum Lot Size

Clause 4.1 of the HLEP prescribes that the minimum area per allotment within the R2 Low Density Residential zone is 500m². Proposed Lots 3 and 4 do not comply with the minimum lot area requirement. In this regard, the application is supported by a submission pursuant to Clause 4.6 of the HLEP to vary the minimum allotment size development standard. This matter is addressed below.

2.1.4 Exceptions to Development Standards

The application has been assessed against the requirements of Clause 4.6 of the HLEP. This clause provides flexibility in the application of the development standards in circumstances where strict compliance with those standards would, in any particular case, be unreasonable or unnecessary or tender to hinder the attainment of the objectives of the zone.

The proposal does not comply with the minimum 500m² lot size development standard under Clause 4.1 of the HLEP, for proposed Lots 3 and 4 with Strata lot sizes of 391m² and 389m² respectively.

The applicant has made a submission in support of a variation to the development standard in accordance with Clause 4.6 of the HLEP. The development application seeks to vary the development standard for Lots 3 and 4 by 21.8% and 22.2% respectively. The applicant states the proposed variation is considered to be consistent with the objectives of the control and is justified as follows:

· The development is consistent with the environmental capacity of the land, satisfies the zone objectives and the objectives of the lot size development standard.

· In relation to built form and amenity controls, the proposal satisfies the built form and environmental controls set by HDCP.

· Each allotment has separate carparking and vehicular access to Denman Parade.

· The duplex was previously subdivided into two smaller strata units (Lots 1 and 2 SP 22308) of areas 62 and 65m² respectively in 1984. At that date, Strata subdivision, which included the surrounding common property into individual lot space, was not possible. This application seeks to improve the development generally by subdividing the common property and provide courtyard space consistent with the current use of the property by the present owners.

· The proposed subdivision is considered to be compatible with the existing surrounding subdivision pattern which contains lots of similar or smaller size, including Nos. 1-16 Kooranga Place, Normanhurst, Nos. 51-53 Denman Parade Normanhurst, Nos. 100 and 100A-100C Denman Parade Normanhurst, Nos. 2A, 2B and 2C Frith Avenue Normanhurst, No. 3 Jasmine Road Normanhurst, and Nos. 1, 1B and 1C Edwards Road Wahroonga. The smaller allotments created by these subdivisions are in the order of 300 to 390m²in area.

State Government Guidelines on varying development standards recommend considering the provisions of Clause 4.6 of the HLEP and the ‘five part test’ established by the Land and Environment Court as follows:

1. the objectives of the standard are achieved notwithstanding noncompliance with the standard;

2. the underlying objective or purpose of the standard is not relevant to the development and therefore compliance is unnecessary;

3. the underlying object of purpose would be defeated or thwarted if compliance was required and therefore compliance is unreasonable;

4. the development standard has been virtually abandoned or destroyed by the council’s own actions in granting consents departing from the standard and hence compliance with the standard is unnecessary and unreasonable;

5. the compliance with development standard is unreasonable or inappropriate due to existing use of land and current environmental character of the particular parcel of land. That is, the particular parcel of land should not have been included in the zone.

The applicant’s submission to vary the 500m² minimum lot size development standard is considered well founded for the following reasons:

· the proposed subdivision would not alter the physical relationship of the approved development with the surrounding low density residential environment;

· the proposal would not detract from the residential character of the area given the proposal does not alter the existing dwelling-houses and their current function;

· the amendment to the boundaries would result in an increase in allotment sizes for an approved Strata scheme with existing undersized allotments;

· the proposed subdivision is considered to be compatible with the existing surrounding subdivision pattern which contains lots of similar or smaller size; and

· the proposal would not result in a precedent given the unique circumstances of the case involving two existing dwellings.

Based on this assessment, it is considered that compliance with the development standard would be unreasonable and unnecessary in the circumstances of the case. Accordingly, the Clause 4.6 submission is supported.

2.1.5 Heritage Conservation

Clause 5.10 of the HLEP sets out heritage conservation provisions for Hornsby Shire. The site does not include a heritage item and is not located in a heritage conservation area. Accordingly, no further assessment regarding heritage is necessary.

2.2 Sydney Regional Environmental Plan No. 20 – Hawkesbury – Nepean River

The site is located within the catchment of the Hawkesbury Nepean River. Part 2 of this Plan contains general planning considerations and strategies requiring Council to consider the impacts of development on water quality, aquaculture, recreation and tourism.

The proposal does not include any site works and therefore, the proposal would comply with the requirements of the Policy.

2.3 Clause 74BA Environmental Planning and Assessment Act, 1979 - Purpose and Status of Development Control Plans

Clause 74BA of the Environmental Planning and Assessment Act, 1979 states that a DCP provision will have no effect if it prevents or unreasonably restricts development that is otherwise permitted and complies with the development standards in relevant Local Environmental Plans and State Environmental Planning Policies.

The principal purpose of a development control plan is to provide guidance on the aims of any environmental planning instrument that applies to the development; facilitate development that is permissible under any such instrument; and achieve the objectives of land zones. The provisions contained in a DCP are not statutory requirements and are for guidance purposes only. Consent authorities have flexibility to consider innovative solutions when assessing development proposals, to assist achieve good planning outcomes.

2.4 Hornsby Development Control Plan 2013

The proposed development has been assessed having regard to the relevant desired outcomes and prescriptive requirements within the HDCP. The following table sets out the proposal’s compliance with the prescriptive requirements of the Plan:

Hornsby Development Control Plan – Part 6 Subdivision
Control	Proposal	Requirement	Complies
Density
Site Area	780m²	N/A	N/A
Proposed Allotment Size: Lot 3 Lot 4	391m² 389m²	500m² 500m²	No No
Lot 3 - Existing Dwelling
Floor Area	116m²	Max. 270m²	Yes
Site Cover	30%	55%	Yes
Private Open Space - Minimum dimension	16m² 3m	16m² 3m	Yes Yes
Landscaping	15%	15%	Yes
Car Parking on Proposed Lot 3
No. of spaces	2 spaces	2 spaces	Yes
Lot 4 - Existing Dwelling
Floor Area	79m²	Max. 270m²	Yes
Site Cover	20%	55%	Yes
Private Open Space - Minimum dimension	16m² 3m	16m² 3m	Yes Yes
Landscaping	15%	15%	Yes
Car Parking on Proposed Lot 4
No. of spaces	2 spaces	2 spaces	Yes

As detailed in the above table, the proposed development generally complies with the prescriptive requirements within the HDCP other than proposed allotment size. The matter of non-compliance is detailed below, as well as a brief discussion on compliance with relevant desired outcomes.

2.4.1 Subdivision

The proposed lots are less than the minimum 500m2 lot size. Notwithstanding, the lots are consistent with other small lots in the locality including:

· Nos. 1-16 Kooranga Place Normanhurst,

· Nos. 51-53 Denman Parade Normanhurst,

· Nos. 100 and 100A-100C Denman Parade Normanhurst,

· Nos. 2A, 2B and 2C Frith Avenue Normanhurst,

· No. 3 Jasmine Road Normanhurst,

· Nos. 1, 1B and 1C Edwards Road Wahroonga

The above lots range between 300m² and 400m².

In this regard, the proposed lot sizes would be compatible with the character of the surrounding area and retain the residential character. This matter has been discussed under Section 2.1.4 of this report.

The proposal meets the objectives of the Subdivision element and is considered acceptable.

2.5 Section 94 Contributions Plans

Hornsby Shire Council Section 94 Contributions Plan 2012-2021 does not apply to the development as no additional dwellings or allotments are proposed.

3. ENVIRONMENTAL IMPACTS

Section 79C(1)(b) of the Act requires Council to consider “the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality”.

3.1 Natural Environment

3.1.1 Tree and Vegetation Preservation

The proposed development does not necessitate the removal of any trees from the site.

3.2 Built Environment

3.2.1 Built Form

The proposal only involves an amendment to the boundaries of an existing Strata subdivision. Therefore, the existing built form would not change.

The proposal would facilitate the allocation of private open space for each dwelling to function as an extension to the dwellings.

3.3 Social Impacts

The proposed development would improve housing choice in the locality by providing a range of house hold types. This is consistent with Council’s Housing Strategy which identifies the need to provide a mix of housing options to meet future demographic needs in Hornsby Shire.

3.4 Economic Impacts

The proposal would not result in any economic impacts.

4. SITE SUITABILITY

Section 79C(1)(c) of the Act requires Council to consider “the suitability of the site for the development”.

The subject site has not been identified as bushfire prone or flood prone land. The proposal involves the allocation of communal areas within an existing Strata scheme as private open space areas for existing dwellings. The proposal would not alter the relationship of the built form of the existing dwellings with the site or surrounding development.

5. PUBLIC PARTICIPATION

Section 79C(1)(d) of the Act requires Council to consider “any submissions made in accordance with this Act”.

5.1 Community Consultation

The proposed development was placed on public exhibition and was notified to adjoining and nearby landowners between 29 October 2014 and 13 November 2014 in accordance with the Notification and Exhibition requirements of the HDCP. During this period, Council received no submissions.

NOTIFICATION PLAN

• PROPERTIES NOTIFIED

X SUBMISSIONS

RECEIVED

PROPERTY SUBJECT OF DEVELOPMENT

5.2 Public Agencies

The development application was not required to be referred to any Public Agencies for comment.

6. THE PUBLIC INTEREST

Section 79C(1)(e) of the Act requires Council to consider “the public interest”.

The public interest is an overarching requirement, which includes the consideration of the matters discussed in this report. Implicit to the public interest is the achievement of future built outcomes adequately responding to and respecting the future desired outcomes expressed in environmental planning instruments and development control plans.

The application is considered to have satisfactorily addressed Council’s criteria and would provide a development outcome that, on balance, would result in a positive impact for the community. Accordingly, it is considered that the approval of the proposed development would be in the public interest.

CONCLUSION

The proposed development is for an amendment to the boundaries of a two allotment Strata subdivision of an existing multi-unit housing development.

The proposed subdivision is considered satisfactory in maintaining the residential character of the locality, notwithstanding non-compliance with the minimum lot size applicable for the subject R2 Low Density zone. A number of allotments in the locality are less than the minimum 500m² development standard.

The applicant’s submitted Clause 4.6 objection to the development standard is considered well founded with regard to the planning principles established by the Land and Environment Court.

The circumstances of the application are considered to be unique with the existing multi-unit dwellings. The proposal would maintain the pattern of residential subdivision and in this regard, would not establish an undesirable precedent for smaller residential lot subdivision.

The proposed subdivision is considered acceptable with regard the provisions of the relevant environmental planning instruments applicable to the site and the Hornsby Development Control Plan.

The application is recommended for approval.

Note: At the time of the completion of this planning report, no persons have made a Political Donations Disclosure Statement pursuant to Section 147 of the Environmental Planning and Assessment Act 1979 in respect of the subject planning application.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Manager – Development Assessments – Rodney Pickles, who can be contacted on 9847 6731.

Rod Pickles

Manager - Development Assessment

Planning Division

James Farrington

Group Manager

Planning Division

Attachments:

1.View	Locality Map
2.View	Ground Floor Plan

File Reference: DA/1250/2014

Document Number: D04906743

SCHEDULE 1

GENERAL CONDITIONS

The conditions of consent within this notice of determination have been applied to ensure that the use of the land and/or building is carried out in such a manner that is consistent with the aims and objectives of the relevant legislation, planning instruments and Council policies affecting the land and does not disrupt the amenity of the neighbourhood or impact upon the environment.

Note: For the purpose of this consent, the term ‘applicant’ means any person who has the authority to act on or the benefit of the development consent.

Note: For the purpose of this consent, any reference to an Act, Regulation, Australian Standard or publication by a public authority shall be taken to mean the gazetted Act or Regulation, or adopted Australian Standard or publication as in force on the date that the application for a construction certificate is made.

1. Approved Plans and Supporting Documentation

The development must be carried out in accordance with the plans and documentation listed below and endorsed with Council’s stamp, except where amended by Council and/or other conditions of this consent:

Plan No.	Drawn by	Dated
Strata Plan Form 2 – Sheet No. 2 of 2 Sheets	Chase Burke & Harvey	undated

2. Removal of Existing Trees

This development consent does not permit the removal of tree(s) on the site. The removal of any trees requires separate approval in accordance with the Tree and Vegetation Chapter 1B.6 Hornsby Development Control Plan (HDCP).

- END OF CONDITIONS -

ADVISORY NOTES

The following information is provided for your assistance to ensure compliance with the Environmental Planning and Assessment Act 1979, Environmental Planning and Assessment Regulation 2000, other relevant legislation and Council’s policies and specifications. This information does not form part of the conditions of development consent pursuant to Section 80A of the Act.

Environmental Planning and Assessment Act 1979 Requirements

The Environmental Planning and Assessment Act 1979 requires:

· The issue of a construction certificate prior to the commencement of any works. Enquiries can be made to Council’s Customer Services Branch on 9847 6760;

· a principal certifying authority to be nominated and Council notified of that appointment prior to the commencement of any works;

· Council to be given at least two days written notice prior to the commencement of any works;

· mandatory inspections of nominated stages of the construction inspected; and

· an occupation certificate to be issued before occupying any building or commencing the use of the land.

Tree and Vegetation Preservation

In accordance with Clause 5.9 of the Hornsby Local Environmental Plan 2013 a person must not ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree or other vegetation protected under the Hornsby Development Control Plan 2013 without the authority conferred by a development consent or a permit granted by Council.

Notes: A tree is defined as a long lived, woody perennial plant with one or relatively few main stems with the potential to grow to a height greater than three metres (3M). (HDCP 1B.6.1.c).

Tree protection measures and distances are determined using the Australian Standard AS 4970:2009, “Protection of Trees on Development Sites”.

Fines may be imposed for non-compliance with both the Hornsby Local Environmental Plan 2013 and the Hornsby Development Control Plan 2013.

Subdivision Certificate Requirements

A subdivision certificate application is required to be lodged with Council containing the following information:

· A surveyor’s certificate certifying that all structures within the subject land comply with the development consent in regard to the setbacks from the new boundaries.

· A surveyor’s certificate certifying that all services, drainage lines or access are located wholly within the property boundaries. Where services encroach over the new boundaries, easements are to be created.

· Certification that the requirements of relevant utility authorities have been met.

· A surveyor’s certificate certifying finished ground levels are in accordance with the approved plans.

Note: Council will not issue a subdivision certificate until all conditions of the development consent have been completed.

Fees and Charges – Subdivision

All fees payable to Council as part of any construction, compliance or subdivision certificate or inspection associated with the development (including the registration of privately issued certificates) are required to be paid in full prior to the issue of the subdivision certificate. Any additional Council inspections beyond the scope of any compliance certificate required to verify compliance with the terms of this consent will be charged at the individual inspection rate nominated in Council's Fees and Charges Schedule.

Group Manager's Report No. PL25/15

Planning Division

Date of Meeting: 8/04/2015

5 DESIGN EXCELLENCE PLANNING PROPOSAL - AFTER EXHIBITION

EXECUTIVE SUMMARY

· The Design Excellence Planning Proposal was exhibited from 2 December 2014 to 30 January 2015. The aim of the Proposal is to introduce controls into the Hornsby Local Environmental Plan 2013 to promote development that delivers the highest level of architectural and urban design.

· One submission was received in response to the exhibition. Minor amendments to the proposed design excellence clause have been made as a result of the submission and in relation to sustainability criteria.

· In February 2015, expressions of interest were sought from suitably qualified consultants to form a Design Excellence Referral Panel which would undertake assessments against the new design excellence clause.

· A total of fifteen expressions of interest were received. All demonstrate a high level of skills and experience. However, after an evaluation on the basis of brief appreciation, methodology, skills, experience and value for money, five consultants are recommended for appointment.

· It is recommended that the amended Design Excellence Planning Proposal be forwarded to the Minister for Planning for finalisation and that the five consultants recommended in this report be endorsed to form Council’s Design Excellence Referral Panel.

RECOMMENDATION

THAT:

2. Submitters be advised of Council’s decision.

3. Council engage the following consultants to form its Design Excellence Referral Panel:

a) Brett Newbold Urban Planning

b) DEM

c) GMU

d) Johannsen and Associates

e) LFA

4. Unsuccessful consultants be advised of Council’s decision and thanked for their submission.

PURPOSE

The purpose of this Report is to review submissions received in response to the exhibition of the Design Excellence Planning Proposal, and to seek Council’s endorsement to engage suitably qualified consultants to form a Design Excellence Referral Panel.

BACKGROUND

At its meeting on 13 August 2014, Council considered Group Manager’s Report No. PL53/14 concerning the design quality of high density development. Council resolved to:

1. Endorse progression of the Design Excellence Planning Proposal attached to Group Manager’s Report No. PL53/14 and forward the Planning Proposal to the Minister for Planning seeking a Gateway Determination to exhibit the Proposal.

2. 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 Gateway Determination.

3. Following the exhibition, a report on submissions received in response to the public exhibition be presented to Council.

4. The Group Manager, Planning Division prepare an internal policy for referring development applications over 10 storeys in height to a suitably qualified urban design/architecture consultant for review against the design excellence clause (once implemented).

In accordance with Council’s resolution, the Design Excellence Planning Proposal was sent to the Minister for Planning requesting a Gateway Determination. A Gateway Determination was received on 20 October 2014, stating that the Planning Proposal should proceed subject to conditions. The Planning Proposal was required to be amended to clarify whether the Design Excellence Clause would apply to development of 10 storeys or higher or only development higher than 10 storeys.

The Design Excellence Planning Proposal was amended to clarify that the new clause would apply to development of 10 storeys or higher. The amended Planning Proposal was exhibited from 2 December 2014 to 30 January 2015. One submission was received and is addressed in this report.

In accordance with part 4 of Council’s resolution, an internal policy for design excellence referrals has been established. Expressions of interest for suitably qualified consultants to form Council’s Referral Panel have been sought with submissions discussed in this report.

DISCUSSION

This report presents a summary of the exhibition of the Design Excellence Planning Proposal and proposed amendments to the new clause in relation to sustainability criteria. The report also seeks endorsement for the engagement of consultants to form a Design Excellence Referral Panel.

1. Exhibition

The Design Excellence Planning Proposal was exhibited from 2 December 2014 to 30 January 2015. The exhibition included letters to affected property owners, advertisements in the Hornsby Advocate and on Council’s website, along with displays at the Administration Centre and libraries.

One submission was received (copy attached) from Transport for NSW (TfNSW) who was consulted as an affected property owner. The submission confirms that the Roads and Maritime Services raises no objection to the Planning Proposal and contains suggestions from TfNSW for amendments to the design excellence clause. The suggestions are discussed below:

1.1 Modified Subclauses

The submission suggests that subclause 4(f) (viii) and (ix) of the Design Excellence clause be amended to include achievement of travel demand management measures and end of trip facilities.

Comment: The proposed design excellence clause already contains a subclause 4(e) which aims to optimise pedestrian movements and experience. In addition, the new planning controls for Hornsby West Side in the Hornsby Development Control Plan (DCP) incorporate a requirement for the submission of a Travel Plan with any development application, which is a travel demand management tool. It would be appropriate and consistent to add this requirement to other parts of the Hornsby Development Control Plan (DCP) to ensure that large scale developments in all locations within Hornsby Shire are designed to optimise pedestrian movements and experience.

Recommendation: No change is recommended to the Planning Proposal as a result of the submission concerning the achievement of travel demand management measures and end of trip facilities. However, it is recommended that the upcoming housekeeping amendment to the Hornsby DCP include the requirement for submission of a Travel Plan to be submitted for large scale development in all locations within Hornsby Shire.

1.2 Additional Subclauses

The submission suggests additional subclauses which reference transit oriented design principles and the management of impacts on the rail corridor including, glare, reflectivity and measures to prevent objects being thrown onto the rail corridor.

Comment: As discussed above, subclause 4(e) of the proposed design excellence clause has been drafted to ensure that all large scale development across the Shire is designed to optimise pedestrian movements and experience. Rather than add an additional subclause concerning transit oriented design principles, existing subclause 4(e) may be strengthened to define the optimisation of pedestrian movements as the achievement of direct, efficient and safe pedestrian and cycle access to nearby transit nodes.

Impacts such as glare and reflectivity are already addressed in the design excellence clause through subclause 4(f) (vii). Although measures to prevent objects being thrown onto the rail corridor would be appropriate for tall buildings located on or near the rail corridor, these would be better enforced as planning controls within the Hornsby Development Control Plan. The design and aesthetics of such measures would be addressed through assessment of whether the form and external appearance of the proposed development would improve the quality and amenity of the public domain, which is an existing subclause in the proposed Design Excellence clause.

Recommendation: It is recommended that the Planning Proposal be amended to reword clause 4(e) to incorporate transit oriented design principles. No change is recommended concerning the management of impacts on the rail corridor. However, it is recommended that the upcoming housekeeping amendment to the Hornsby Development Control Plan include the addition of controls for tall buildings on, or near, rail corridors to require measures to prevent objects being thrown onto the rail corridor from balconies or windows.

2. Evaluation

Minor changes are recommended to the proposed design excellence clause in relation to sustainability criteria. Subclause 4(f) (vii) relates to environmental impacts. The subclause has been strengthened to include additional sustainability measures (energy and water efficiency and water sensitive urban design) consistent with gazetted design excellence clauses in the Manly Local Environmental Plan 2013 and Warringah Local Environmental Plan 2011. Subclause 4(f) (xii) relates to landscape design and has been amended consistent with the gazetted design excellence clause in the Warringah Local Environmental Plan 2011 to include the configuration and design of communal access and communal recreation areas.

In summary, the submission from TfNSW and the review of sustainability criteria have identified the need for minor amendments to the proposed design excellence clause. As these amendments are minor in nature they do not require re-exhibition. The Planning Proposal has been amended to seek the addition of the following clause under Part 6 – Additional local provisions of the HLEP 2013:

6.8 Design excellence

(1) The objective of this clause is to deliver the highest standard of architectural and urban design.

(2) This clause applies to development involving the construction of a new building or external alterations to an existing building which is, or will be, at least 29.6 metres in height.

(3) Development consent must not be granted to development to which this clause applies unless, in the opinion of the consent authority, the proposed development exhibits design excellence.

(4) In considering whether development to which this clause applies exhibits design excellence, the consent authority must have regard to the following matters:

(a) whether a high standard of architectural design, materials and detailing appropriate to the building type and location will be achieved,

(b) whether the form and external appearance of the proposed development will improve the quality and amenity of the public domain,

(c) whether the proposed development detrimentally impacts on view corridors,

(d) any relevant requirements of applicable development control plans,

(e) whether the proposed development achieves transit oriented design principles including the need to ensure direct, efficient and safe pedestrian and cycle access to nearby transit nodes,

(f) how the proposed development addresses the following matters:

(i) the suitability of the land for development,

(ii) the existing and proposed uses and use mix,

(iii) any heritage issues and streetscape constraints,

(iv) the location of any tower proposed, having regard to the need to achieve an acceptable relationship with other towers and/or other development (existing or proposed) on the same site or on neighbouring sites in terms of separation, setbacks, amenity and urban form,

(v) the bulk, massing and modulation of buildings,

(vi) street frontage heights,

(vii) environmental impacts, such as sustainable design, overshadowing and solar access, visual and acoustic privacy, noise, wind, reflectivity, water and energy efficiency and water sensitive urban design,

(viii) the achievement of the principles of ecologically sustainable development,

(ix) pedestrian, cycle, vehicular and service access and circulation requirements,

(x) the impact on, and any proposed improvements to, the public domain,

(xi) achieving appropriate interfaces at ground level between the building and the public domain,

(xii) excellence and integration of landscape design, including the configuration and design of communal access and communal recreation areas, to incorporate exemplary and innovative treatments and promote a socially effective atmosphere.

3. Design Excellence Referral Panel

In accordance with Council’s resolution to establish a policy for referring development applications at or over 10 storeys in height to suitably qualified consultants, expressions of interest were called for in February 2015. Advertisements for membership of Council’s Design Excellence Referral Panel were placed in the Sydney Morning Herald, the ArcLib (Architectural Library Services) website, the Planning Institute of Australia Employment Directory and Council’s Tenderlink portal.

Submissions closed on 12 March 2015. Council received 15 expressions of interest for membership on the Panel. A summary of the expressions of interest is provided below in alphabetical order.

Applicant	Summary of Experience
*Annand Associates Urban Design*	Peter Annand, Principal, has been nominated for the panel. Peter has experience in architecture, planning, urban design and public policy. Clients of the firm have included development corporations as well as local, State and Federal Government. Peter has been a member of the Congress for New Urbanism in the USA for 15 years and a regular member of the St George Design Review Panel for Kogarah, Hurstville and Rockdale Councils.
*Brett Newbold Urban Planning*	Brett Newbold, Principal, has been nominated for the panel. Brett has experience as chairman of Liverpool Council's Design Review Panel, an independent member of Penrith City's Urban Design Review Panel, an author of design excellence guidelines for Rockdale City Council, an author of strategic planning policies for metropolitan and outer-metro councils housing and development strategies. Brett has also assisted Council with the preparation of urban design advice and diagrams for the draft HDCP, and design quality assessments including developments at Beecroft Village.
*Custances Associates Australia Pty Ltd*	Craig Shelsher, Director, has been nominated for the panel. Craig has experience as an assessor on design review panels and providing advice throughout Land Environmental proceedings (in particular Section 34 conferencing), and has been involved in large scale developments including the National design award winning “ICON” Brisbane, comprising 580 units, 230 room hotel, public square, 4000m² retail, child care and health care centre.
*DEM (Aust) Pty Ltd*	Managing Partners, Rudi Valla and Jon Pizey have been nominated for the panel. The consultants have experience in Master planning such as Norwest Business Park, and large scale architectural flat buildings including the Regency twin towers, Beau Monde tower in North Sydney and Rosedale apartments in St Ives.
*GMU - Urban Design and Architecture*	Gabrielle Morrish, Managing Director and Director Karla Castellanos have been nominated for the panel. The consultants have experience as design review panel members for other local Sydney councils and have provided advice on several development projects within Hornsby Shire. Recent examples of work include recommendations to improve the design outcome of a 6 storey residential development in Beecroft Village and a peer review urban design assessment of an 18 storey mixed use development at 42-54 Pacific Highway, Waitara.
*HBO + EMTB Urban and Landscape Design*	Mary Anne McGirr, National Principal, has been nominated for the panel. Mary Anne has experience as an urban design advisor to Holroyd City Council – including pre lodgement advice and DA reviews for multi-storey developments, was a member of the North Sydney Urban Design Advisory Panel, has had involvement in the Merrylands and Wentworthville Built Form and Urban Design Modelling Study for City of Sydney Urban Design Studies which culminated in the development of controls and built form guidelines.
*Hedstrom Planning*	Rodger Hedstrom, Principal, has been nominated for the panel. Rodger has experience as a member of the Urban Design Review Panel for Botany Bay City Council for major residential, commercial and industrial development, a member of the Liverpool City Council Design Review Panel and Architectural Design Jury, member of the Canterbury City Council IHAP, and member of the SEPP 65 Central Coast Design Review Panel serving Gosford and Wyong Councils for residential flat development.
*JBA*	Tim Corcoran, Senior Urban Designer and Vishal Lakhia, Urban Designer with architectural qualifications, have been nominated for the panel. Tim has experience as a member of the Edmondson Park Design Review Panel, involvement with design evaluation of public housing projects, involvement in the Hornsby West Side Precinct, the Spit Junction Masterplan and the Wentworthville Urban renewal master planning process. Vishal has experience in providing urban design advice for Parramatta City Council, master planning building massing studies and design testing.
*Johannsen and Associates*	Jon Johannsen, Principal, has been nominated for the panel. Jon has experience as a member of North Sydney Council, Liverpool City Council and Parramatta City Council Design Excellence Advisory Panels, and has been involved in the Sutherland, Kingsgrove and Banksmeadow conceptual urban design reviews to explore appropriate residential development models and densities. Jon has also been an urban design consultant to the Land and Housing Commission NSW.
*John Brunton Planning Pty Ltd*	John Brunton, Principal, has been nominated for the panel. John has experience in strategy, heritage planning and town planning, and has chaired and established a Design Review Panel for Sutherland Shire Council.
*Leech Harmon Architects*	Dennis Leech, Principal, along with Sinead Harmon, Architect, have been nominated for the panel. Dennis has experience as an architect with involvement in large developments including medium-high residential flat buildings, office buildings and retail centres. Sinead has experience in domestic and commercial architectural projects.
*LFA*	Alf Lester, Senior Director, has been nominated for the panel. Alf has experience as a member of the Baulkham Hills Urban Design Review Panel, the Rouse Hill Regional Centre Design Review Panel, the Liverpool City Council Independent Hearing and Assessment Panel and the North Sydney Independent Planning Panel.
*Shoba Designs*	Nilesh Munot, Principal, has been nominated for the panel. Nilesh has experience in providing advice on DA’s for Lane Cove and Holroyd Councils, and providing urban design assessment and review reports based on NSW’s SEPP 65 principles for a large mixed use development at Port Adelaide.
*Strategy Hunter Consultants*	David Crofts, Director, has been nominated for the panel. David has experience as a member of the Wollongong City Council, Shellharbour and Liverpool Independent Hearing and Assessment Panel, and management of the award winning Local Approvals Review Program.
*Studio Colin Polwarth*	Colin Polwarth, Director, together with Alan Cadogan, Director of Urbanac, have been nominated for the panel. Colin has experience as a member on the Barangaroo Delivery Authority for the Headland Park. Alan has experience providing design advice for State significant development assessment sites including Luna Park, Pyrmont Point, Rhodes Peninsula, Homebush Bay West waterfront, Taronga Zoo, Fox Entertainment Quarter, the Rocks, King Street Wharf, Cockle Bay, Honeysuckle (Newcastle Waterfront), Sydney Olympic Park and Kosciusko Alpine Area.

All submissions were of a high level and all consultants would provide a large range of skills and experience which would assist Council. Expressions of interest were evaluated on the basis of brief appreciation, methodology for carrying out services, skills and experience, and value for money. In light of the evaluation, the following consultants are recommended for appointment to the Design Excellence Referral Panel:

a) Brett Newbold Urban Planning

b) DEM

c) GMU

d) Johannsen and Associates

e) LFA

The allocation of Design Excellence referrals to panel members would occur via email notification. Panel members would express their availability to undertake the referral within 48 hours of receiving the request by email. Council would select one or more consultants who have confirmed availability to undertake the referral to provide comments and attend meetings as required. Consultants on the Referral Panel would also be utilised from time to time to seek advice on significant strategic projects, such as the review of planning controls and guidelines.

BUDGET

The implementation of a Design Excellence Referral Panel to make an assessment of design quality against the proposed design excellence clause would require remuneration for the expert consultant panel members. Funding of this process would be absorbed by the Planning Division budget given the higher development application fee anticipated from this scale of development and the limited number of eligible development sites.

POLICY

The engagement of suitably qualified consultants to form part of Council’s Design Excellence Referral Panel is addressed in this report. An internal process for referring development applications at or over 10 storeys in height to a consultant from the Panel for an assessment against the design excellence clause (once implemented) has been prepared. Reporting templates have been amended to include comments from the consultant in regard to design excellence as part of the overall assessment of development applications at or over 10 storeys in height.

NEXT STEPS

Should Council be of a mind to adopt the amended Design Excellence Planning Proposal (attached) it would be forwarded to the Department of Planning and Environment for finalisation.

The endorsed consultants would be notified of their successful application for membership to Council’s Design Excellence Referral Panel. Upon finalisation of the Planning Proposal, design excellence referrals would commence for development at or over 10 storeys in height. The terms of engagement for Council’s Design Excellence Referral Panel will be for a 2 year period, plus a one year option to extend based on satisfactory performance. Membership of the panel will be reviewed after two years.

CONCLUSION

The Design Excellence Planning Proposal was exhibited from 2 December 2014 to 30 January 2015. One submission was received from TfNSW in response to the exhibition. The submission and review of sustainability criteria have led to minor amendments to the proposed design excellence clause which are minor in nature. It is recommended that the amended Planning Proposal attached to Group Manger’s Report No. PL25/15 be forwarded to the Minster for Planning for finalisation.

Expressions of interest for membership of Council’s Design Excellence Referral Panel were called for in February 2015. Fifteen submissions have been received, with each person that lodged a submission demonstrating that they have the skills and experience to provide advice to Council. Following an evaluation on the basis of brief appreciation, methodology for carrying out services, skills and experience and value for money, it is recommended that five consultants be invited to form Council’s Design Excellence Referral Panel.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Manager, Strategic Planning – Fletcher Rayner, who can be contacted on 9847 6744.

Fletcher Rayner

Manager - Strategic Planning

Planning Division

James Farrington

Group Manager

Planning Division

Attachments:

1.View	Design Excellence Planning Proposal - March 2015
2.View	Submission - Transport for NSW

File Reference: F2014/00312

Document Number: D04895904

Deputy General Manager's Report No. IR5/15

Infrastructure and Recreation Division

Date of Meeting: 8/04/2015

6 EPPING AQUATIC CENTRE

EXECUTIVE SUMMARY

· Epping Aquatic Centre (EAC) is a 55 year old facility in near-original condition located in Dence Park, Epping.

· The condition of the main pool is dilapidated, with major leaks and suspected cracks. It is unknown how these may be repaired or if this can be undertaken successfully.

· It is sited at the bottom of a steep slope with less than ideal public access.

· The pool and associated plant have arguably reached the end of their useful lives. Costly intrusive and destructive geotechnical investigations would be required to better establish the condition of the main pool, but with the realistic probability of learning that the pool cannot economically be salvaged.

· The report recommends closing the pool permanently during its scheduled seasonal closure in 2015, demolishing it, and making the site safe while considering future uses of Dence Park.

· It is recommended a park masterplan is prepared that will determine the future use of this land.

RECOMMENDATION

THAT:

1. Epping Aquatic Centre be permanently closed and demolished, following its scheduled winter closure on 31 March 2015.

2. A masterplan for Dence Park be developed.

PURPOSE

The purpose of this Report is to allow Council to determine the future of the Epping Aquatic Centre (EAC).

BACKGROUND

EAC, located in Dence Park off Stanley Street, Epping, was opened in 1960, and has operated continuously, either all year round or for summer season only, ever since. The pool was named the Epping War Memorial Pool. It was funded substantially (£94,000) from a rate levy imposed on the residents of C Riding. Other contributions (£12,000) came from residents and the Eastwood Epping War Memorial Pool Committee.

Pleasantly situated in parkland and a bushland valley, EAC is in near-original condition. However, concerns about the age and condition of the main pool and filtration equipment, supported by expert opinion, indicate that the aquatic centre is nearing the end of its useful life.

In 2013, Council invited tenders for the operation of its three aquatic centres including Epping. An information session was held at EAC for the benefit of prospective tenderers. Only one tender bid was received, from the staff team, who offered to operate the centre from October to March only. The tender required a Council subsidy of $200,000-$300,000 per annum to cover operating losses projected by the tenderer. This subsidy does not include asset management and maintenance of the pool infrastructure that remains Council’s responsibility.

As a result of the tender being for half year operation only, EAC closed in 2014 between 31 March and 1 October. The pool is scheduled for the same winter closure period in 2015. Significant water leakage cause by faults in the pool structure meant that the operational cost savings from the 2014 closure period were substantially less than anticipated. This has led to a review of the asset condition and remaining asset life of EAC.

DISCUSSION

The EAC has a 50 metre heated Olympic size outdoor swimming pool, a 15 metre heated semi‑enclosed program / learn to swim pool, and two toddler pools.

The aquatic centre was built circa 1960, consisting of a 50 metre heated swimming pool and two toddlers pools. The program / learn to swim pool is a built-in above ground construction and was installed in 2001.

The main amenities building on the site houses the public entrance to the centre with foyer reception and kiosk, offices, gymnasium, change rooms and toilets and pool mechanical equipment plant room.

The 50 metre pool and toddler pools have a heating system which maintains the pool water temperature at 26 degrees Celsius.

The program / learn to swim pool has a separate water circulation and filter plant including a heating system that maintains the pool water temperature at 31 degrees Celsius.

The mechanical plant for the 50 metre pool is predominantly located in the internal plant room. The plant consists of a circulation pump pulling water from a balance tank, the water is drawn through the skimmer basket and through a large filter treated and returned to the pool. A roof top plant room houses the boiler plant. The plant is generally in poor condition as reflected in the March 2015 report commissioned from Aquatic Projects Pty Ltd.

Structural Issues in the Main Pool

Structural defects were observed at the centre in 2012 whilst carrying out maintenance works. An excessive amount of water leakage of pool water, damaged sewer pipes, cracks of movement of concrete apron slabs, retaining walls and tiling were all noted as potentially significant to the structural integrity of the 50 metre swimming pool.

Scoping Report – Assessment of Structural Condition

Council engaged Dr Steve Bakoss, Emeritus Professor of Civil Engineering, to prepare a scoping report for the assessment of the structural condition of the pool and if necessary and feasible, based on the available information, to recommend appropriate remedial actions (Attachment 1).

Dr Bakoss reported that there is only one available architectural drawing but there are no structural design drawings or “as constructed” drawings relating to the Epping Aquatic Centre are available. In particular, there is no available information relating to foundation conditions (or natural or finished surface levels), soil properties, provisions for sub-soil drainage or mitigation of hydrostatic uplift pressures under the pool basin, details of the reinforcement of concrete components or expansion joint details.

The main pool basin consists of three reinforced concrete sections connected by two transverse expansion joints. According to the architectural drawing the concrete sections consist of 150mm thick concrete base slabs framed by shallow beams under the edges of the pool and supported by transverse cast-on ground reinforced concrete beams at the expansion joints.

A reinforced concrete water return channel is located longitudinally under the centreline of the base slabs of the pool. It is not known what, if any provisions were made to make this channel impermeable.

It is apparent that the foundations for the pool basin have been excavated on a sloping site with the depths of the foundations below the natural surface level carrying significantly both across the width and along the length of the pool. This type of site can influence the distribution of foundation and hydrostatic uplift pressures.

Structural Report - Emeritus Professor Bakoss

The report identified four probable causes for the excessive water loss:

1. The expansion joints have visibly deteriorated with indications of displacements of the tiling in the vicinity of the expansion joints and require remediation.

2. The basin base slab panels of the three sections of the pool have a maximum span to thickness ratio in excess of 100 raising the potential development of cracks over time. The development of such cracks can be exacerbated by factors such as uneven support conditions due to water leakage induced erosion, progressive corrosion of the slab steel reinforcement due to elevated chloride ion levels in the concrete cover or moisture ingress.

3. Cracking and deterioration of the central water return channel running the length of the pool. A slender cast-on-ground reinforced concrete channel of small cross section that has had its walls directly exposed for many years to the highly corrosive action of treated pool water can be expected to be seriously impaired as a result of chloride ion ingress and the consequent deterioration of the concrete and corrosion of the reinforcement.

3. A section of the cast-iron hydraulic pipe fitment located in the plant room of the water return system was replaced in 2012 due to severe internal corrosion. The walls of this pipe section had corroded to a point where its wall was perforated. The water return system from the plant room to the water return channel consists of 200mm cast iron pipes located underground which have been subjected to similar service conditions as the replaced pipe fitment since the original construction of the pool. It is highly probable that these pipes are in comparable condition to the replaced pipe fitment and contributing to the water loss from the pool.

To obviate the need to empty the pool for the remediation of the expansion joints, extensive enquiries were made locally and overseas to source a sealant suitable for application under water. There is a variety of sealants that are specially formulated for use in underwater applications and meet stringent function specifications are widely used and readily available in Australia however the advice provided by firms specialising in the manufacture of underwater sealants or in swimming pool maintenance that were contacted indicated that all the sealants required that the substrate had to be dry at the time of application in order to achieve effective adherence and curing necessitating the emptying of the pool.

However, the report recommended that as there is no information regarding the provision of any drainage or hydrostatic uplift pressure dissipation measures that would enable pressure equalization during the pool emptying process, any site information regarding the levels of the water table, or characteristics of the soil foundation, it would be essential to engage a specialist soil/foundation engineer to investigate and assess the existing foundation conditions, with particular reference to the permissible rate of load reduction. This information is required to mitigate the risk of critical structural damage due to unbalanced uplift pressures that can develop during and following the emptying of the pool.

Dr Bakoss concluded that the source of the leakage of the pool water loss is currently not known and could be difficult, if not impossible, to reliably identify with at least four distinct potential sources of water loss. He advised that the sealing of the expansion joints should be the first priority however if the remediation of these joints does not alleviate the water loss, the location and remediation of the leakages can be expected to be difficult, costly and may even prove to be intractable.

Structural Report – Partridge Structural Pty Ltd

To verify the accuracy of the report, Council engaged structural engineers, Partridge Structural Pty Ltd to provide an opinion on Council’s observations and the information presented in Dr Bakoss’s report (Attachment 2).

Partridge Structural Pty Ltd reported that their experience with similarly aged concrete structures around Sydney is that concrete cancer and other defects brought about by concrete movement and deterioration requires ongoing remediation and repair techniques which are slow, tedious, and expensive.

Their biggest concern associated with the swimming pool is the extent of the unknown. They consider that too little is known about the pool, and too little can be meaningfully and economically established without expensive and destructive investigation work.

They report that significant and destructive investigation work is first necessary to ascertain the extent of the defects, only to reveal if the defects can sensibly or economically be repaired. Furthermore, it is also possible that these investigations may reveal additional defects and problems with the pool’s structure and performance that are currently not known.

They report that there is the very real likelihood of very expensive and destructive tests and investigations being undertaken, only to establish that the affected elements are beyond repair. In the context of a structure that is over 50 years old, it must be acknowledged that the pool is at the end of its design life, arguably already beyond its design life, and that attempting to repair the defects is simply not possible – either structurally or financially.

Their report also makes the point that treating the pool and repairing the currently identified defects is merely the first step in what then becomes an ongoing schedule of maintenance and repairs. Given the age and construction of the pool, many of the repairs that may be considered practical and achievable will only be band-aid solutions, and Council would need to commit to further significant costs and efforts to upkeep and extend the working life of the pool and these repairs as further aging and deterioration inevitably occurs.

Partridge Structural concludes that they cannot support or make any recommendation for repair. The current unknowns are too great, and the cost of investigative work to answer just some of these unknowns is a major project itself – all with the realistic probability of learning that the pool cannot economically be salvaged.

Epping Aquatic Centre Patronage

The general patronage of the EAC averaged 104 visits per day. The swim squads averaged 80 squad members, with variable levels of attendance and the learn-to-swim program averaged 36 children attending classes per day in 2014/2015.

EAC is home to three swim clubs:

· Epping Bullets Swim Club uses the pool on Friday nights, with up to 100 participants.

· Eastwood-Epping Swim Club uses the pool on Saturday mornings, with an observed participation of fewer than 20 members.

· Epping RSL Swim Club uses the pool on Sundays, with an observed participation of about 20 members.

School Swimming Programs and Carnivals

Cheltenham Girls High School and Epping Boys High School dominate use of EAC during Term Four, when they run various swimming programs.

Epping Boys High is within walking distance of Macquarie University Aquatic Centre and could reasonably locate to that venue. Cheltenham Girls High could utilise the Hornsby Aquatic and Leisure Centre during Term Four, as they could travel by train as Cheltenham Station is located 550 metres from the school.

Eighteen schools use EAC for their annual swimming carnivals. Of these, seven schools are located in Hornsby Shire. A further two (Epping Boys High School and Carlingford Public School) are close to the Shire boundaries and would have a high proportion of Hornsby Shire residents among the school community. The remainder are schools within Ryde or Ku-Ring-Gai Council areas.

The annual school carnival season extends through February until mid-March. The timing is determined by the combined schools zone carnival, which is a pathway to representative swimming.

Investigations have confirmed that there is sufficient capacity for the schools located within the Shire to hold their swimming carnivals at other venues such as Hornsby Aquatic and Leisure Centre, Knox Grammar School Aquatic Centre and Ku-Ring-Gai Fitness and Aquatic Centre.

It should however be noted that from 2011-2014 inclusive the Hornsby (now known as Hornsby Aquatic and Leisure Centre) and Pymble pools (now known as Ku-Ring-Gai Fitness and Aquatic Centre) were closed for reconstruction during the swimming carnival season. All schools managed to find alternative venues during this time.

Seasonal school use of EAC including attendance at school swimming programs and carnivals averaged 165 students per day in 2014/15.

Other Aquatic Centres

There are a number of other modern public aquatic centres within 12 kilometres of EAC, as indicated in the map that forms Attachment 3. These include:

· Macquarie University Aquatic Centre is about three kilometres to the east, accessible from Epping by train, car, bicycle or on foot.

· Ryde Aquatic Centre is seven kilometres to the south, accessible by car or bus from Epping.

· West Pymble Aquatic Centre is about eight kilometres to the north east, accessible by car or bus.

· Hornsby Aquatic Centre is 12 kilometres to the north, accessible by car and train.

Larger private schools like Knox Grammar, Abbotsleigh and Loreto Normanhurst operate aquatic facilities that are open for some public use, and in some cases, other schools hold carnivals at these venues. There are also privately operated learn to swim centres in the area. Attachment 3 maps the location of these public and privately operated aquatic centres.

Our own preliminary assessment has concluded that there is adequate capacity across a range of nearby centres to accommodate patrons displaced by a closure of EAC.

Future Use of Dence Park

A decision to close and demolish the EAC gives rise to questions about the future of this site. Given its size and proximity to Epping Town Centre there is a clear argument that the possibility of new recreation opportunities should be explored, as it is evident that the park is underutilised.

The possible relocation of the Epping Leisure and Learning Centre to a new facility elsewhere in Epping opens possibilities for a creative adaption of the heritage building it currently occupies in Dence Park.

These matters should be resolved by preparing a masterplan for the park in consultation with the community.

CONSULTATION

In preparation of this report there has been consultation with Epping RSL Swim Club, Epping Bullets Swim Club and Eastwood Epping Swim Club.

BUDGET

There are significant budgetary implications associated with this Report. Demolition of the existing facility is likely to be in the order of $500,000.

POLICY

There are no policy implications associated with this Report.

CONCLUSION

Epping Aquatic Centre has become dilapidated and arguably has reached the end of its useful life. Council has sought the advice of suitable structural consultants. The advice has concluded that it is very difficult to support or make any recommendation for repair. The current unknowns are too great, and the cost of investigative work to answer just some of these unknowns is a major project itself – all with the realistic probability of learning that the pool cannot economically be salvaged.

It has been concluded that it would be prudent to close and demolish EAC. This could be followed by the preparation of a masterplan for Dence Park which examined the future use of this area for public recreation.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Manager, Parks and Recreation – Peter Kemp, who can be contacted on 9847 6792.

Robert Stephens

Deputy General Manager

Infrastructure and Recreation Division

Attachments:

1.View	Attachment 1 - Structural Report - Emeritus Professor Bakoss
2.View	Attachment 2 - Structural Report - Partridge Structural Pty Ltd
3.View	Attachment 3 - Map of Aquatic Centres Within Proximity to Epping

File Reference: F2004/08950-02

Document Number: D04659308

Deputy General Manager's Report No. IR10/15

Infrastructure and Recreation Division

Date of Meeting: 8/04/2015

7 RECREATION AND OPEN SPACE

EXECUTIVE SUMMARY

· The draft Active Living Hornsby Strategy (ALHS) recommends Council shift its focus towards development of major destination parks across the Council area that can contribute to providing a greater variety of recreation opportunities.

· The ALHS also recommends that further work is undertaken on the preparation of a Sports Facility Strategy, a Walking and Cycle Plan and other tasks focused on a review of the distribution and functions of our smallest parks with a view to identifying opportunities for improving access.

· The new Sports Facility Strategy will demonstrate how currently emerging sporting facility requirements can be accommodated into the future.

RECOMMENDATION

THAT:

1. Council note the findings of the draft Active Living Hornsby Strategy (ALHS).

2. Council endorse placing the draft ALHS on public exhibition with a response to the exhibition to be reported back to Council.

PURPOSE

The purpose of the report is to present the findings of the Active Living Hornsby Strategy and seek endorsement to place it on public exhibition.

It also indicates the intention to prepare a new Sports Facility Strategy, a Walking and Cycling Plan and a plan that reviews the size, distribution and functions of our local parks and identifies opportunities for improving access.

BACKGROUND

Council’s current overriding policy document that provides the strategic direction for the development and management of open space assets is the Leisure Strategic Plan (LSP), a document that was adopted in 2002.

Council’s policy requirements have changed significantly since the adoption of the LSP. Although a number of specific policies have been subsequently prepared to update and inform the strategic direction, including the 2008 Unstructured Recreation Strategy and the 2006 Sports Facility Strategy, it has been recognised that there is a need for a new strategic plan. In setting the brief it was recognised that the plan must address contextual changes that have occurred in the last decade; should be underpinned by meaningful community consultation and make reference to contemporary open space planning issues, to provide a clear direction to the management of Council’s parks assets.

Clouston Associates was engaged in 2014 to undertake the preparation of this plan which was subsequently titled the draft Active Living Hornsby Strategy (ALHS).

Since its adoption in 2006, Council’s existing Sports Facility Strategy (SFS) has now been largely implemented and is providing only limited direction to the strategic development of sporting facilities in the Shire. It has emerged during preparation of the ALHS that a new Sports Facility Strategy is needed urgently. The completion of the draft ALHS provides an appropriate platform to commence the preparation of a new SFS that can guide the development of sporting facilities in the Shire.

DISCUSSION

Draft Active Living Hornsby Strategy

The consultant was tasked to examine Council’s portfolio of open space and test it against the existing and projected population across the Shire for accessibility, adequacy and connectivity. The approach involved extensive analysis of the distribution, size and character supported by site inspections. All of this work contributed to gaining a strong understanding of our parks.

There was extensive consultation with internal and external stakeholders and the community through 2014. These workshops and surveys found that the Hornsby community has diverse and changing recreation needs extending well beyond traditional structured sport.

The site analysis and field work found that although there is an overall satisfactory quantum of open space, it is dominated by bushland and the availability of developed parklands for structured or unstructured recreation is more limited. Many parks are small (less than 0.2 hectares) and provide very limited recreation opportunity. The larger parks, particularly in the urban areas, have a strong emphasis on the provision of sporting facilities.

The field work included a detailed review and evaluation of the existing open space assets, producing an inventory that benchmarked our parks against widely accepted recreation planning descriptors. This provided an up-to-date and sound understanding of the distribution and range of recreation opportunities within our parks.

From this foundation, a series of directions are put forward in recommendations. These not only direct how the open space assets should operate and be managed into the future, but also promote improvements to accessibility and connections across the local area, aimed at encouraging our community to engage in healthy lifestyle activities.

The ALHS identifies a series of strategic proposals focused around a theme titled ‘The City in the Bush’ that emerged persistently in community consultations. This theme recognises the strong desire of many of our residents to experience the bushland irrespective of their cultural background. This led to the identification of a goal that seeks to strengthen the bond between Hornsby’s community and the rich heritage of its natural environment – through connection, identity, function and sense of place.

This goal has been translated into a series of directions that seek to:

· Draw on the Shire’s unique environment

· Make the open space network part of daily life

· Respond to the Shire’s diverse lifestyles

· Promote and support cycling and walking

· Adapt to a changing sports environment; and

· Plan for the next generations.

The report expands on each of the above directions in a series of detailed strategies that propose further more detailed programming towards outcomes.

Key recommendations of the report include:

· A shift in focus towards the development of major Destination Parks across the Council area that can contribute to providing a greater variety of recreation opportunities. This would aim to ultimately create or enhance approximately six to eight major parks distributed across the Shire with relatively fewer resources put towards small local reserves.

· Analysis of the distribution of parks close to established urban centres and review of their relationship with day to day destinations such as shops, schools and employment centres. This information will then be used to develop locality plans that identify opportunities to upgrade and expand the walk / cycle network to improve connectivity.

· Development of a Sports Plan for the Shire that addresses the current and future needs for all sports across the Shire. This includes the development of a sports facilities hierarchy plan, increasing the flexibility of facilities, integrating unstructured recreation and addressing opportunities for expanding non-field and court based sports.

· Preparation of a plan that reviews the size, distribution and functions of our local parks, with a view to identifying where there is a shortfall in open space provision and looking at where there are opportunities to improve accessibility.

· The appointment of a Reference Group who can assist Council in refining the strategies and developing the implementation framework. This group may include Council officers, elected Councillors and community representatives however its makeup and specific purpose have not at this stage been defined.

Where to from Here?

As the ALHS is intended to become a guiding policy document for a number of strategic directions of the Council, our community should have the opportunity to comment on its findings and recommendations. It is therefore important to place it on public exhibition.

Sports Facility Strategy

The ALHS recognises that there is a shortage of sportsground space, particularly in the southern part of the Shire. A response to this shortage in the ALHS is in broad terms only, and an update of the 2006 Sports Facility Strategy (SFS) is required to address sport needs in detail. For this reason it is recommended that Council commence preparation of a new SFS now.

Walking and Cycling Plan

The draft ALHS proposes the development of a Walking and Cycling Plan that seeks to improve connectivity for walkers and cyclists. The stated goal in the plan is for new pathways to be planned that provide attractive short local circuits connecting parks, schools, shops and local entry points to bushland areas. This is an important element of the draft ALHS and implies a significant expansion in Council’s current footpath development program.

Open Space Accessibility Review

This plan is intended to include a high level, shire wide assessment of the distribution of small local parks and their contribution to the community as recreation facilities. In particular it will look at the distribution of open space lands and parks, particularly those that are less than 0.2 hectares in size.

The ALHS recommends that this investigation should be delivered via a pilot program that initially deals with just one portion of the Shire. Council should also seek to engage the community in identifying how any changes may be delivered to achieve the greatest improvements in access to open spaces.

CONSULTATION

Members of the public, key stakeholders within and outside of Council and Councillors have been consulted during the preparation of the draft ALHS.

One purpose of this Report is to seek Council’s endorsement of the draft ALHS for wider public exhibition. Following this consultation a report will be presented to Council advising on submissions received, any amendments that are proposed and seeking adoption of the plan.

BUDGET

There will be budgetary implications that flow from both the draft ALHS when adopted, and these would be reflected in future Delivery Strategies. There are no immediate budgetary implications from the exhibition of the documents.

POLICY

The Active Living Hornsby Strategy will constitute new Council policy when adopted.

CONCLUSION

The draft ALHS makes far reaching recommendations for the future management of Council’s open space assets, with the aim of ensuring Council is able to respond to changes in local demographics and recreation trends. It recommends that further work is needed to address opportunities to rationalise open space, provide a clearer direction to sports facility improvements, to promote walking and cycling and to improve the accessibility of open space lands.

The ALHS creates an exciting opportunity to improve Council’s open spaces and it is recommended that it is endorsed for public exhibition.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Acting Manager, Parks and Recreation – Kurt Henkel, who can be contacted on 9847 6887.

Robert Stephens

Deputy General Manager

Infrastructure and Recreation Division

Attachments:

1.View	Attachment 1 - Active Living Hornsby Strategy - Final Draft Report
2.View	Attachment 2 - Active Living Hornsby Strategy - Final Draft Report - Appendices 1 - 4

File Reference: F2012/00706

Document Number: D05033673

1.View	HSC Investment Portfolio as at 28 Feb 2015
2.View	HSC Borrowings Schedule as at 28 Feb 2015