General Meeting


Wednesday 8 June 2016

at 6:30PM



Hornsby Shire Council                                                                                           Table of Contents

Page 1





Item 14    LM3/16 Report on Submissions - Rural Lands Planning Proposal and Hornsby Development Control Plan Amendments....................................................................................................... 1  

Item 23    MM3/16 Funding for Public Domain Improvements....................................................... 3 




Planning Division

Date of Meeting: 8/06/2016




PL47/16 - Report on Submissions - Rural Lands Planning Proposal And Hornsby Development Control Plan Amendments



Additional information with NO CHANGE to Recommendation

A significant proportion of the land within the rural areas of Hornsby Shire is classified as “Bush Fire Prone Land”.  Section 117 Direction 4.4 - Planning for Bushfire Protection requires that the Commissioner of the Rural Fire Service be consulted in the preparation of any planning proposal on land classified as “Bush Fire Prone Land” following receipt of a Gateway Determination and prior to undertaking community consultation.  Accordingly, by letter dated 5 February 2016, Council requested that the NSW Rural Fire Service (RFS) forward any comments on the Rural Lands Planning Proposal to Council within 28 days from the date of the letter.  The NSW RFS was advised that should no comments be forthcoming prior to this date, it will be assumed that the Service raises no objections to the progression of the Planning Proposal.

On 7 June 2016, Council received a letter from the NSW RFS providing comments that it has concerns in relation to the proposal for split zone lots proposed by the Rural Lands Planning Proposal, particularly as it relates to properties located along Canoelands Road, Canoelands and Geelans Road, Arcadia.  The RFS identifies that both roads are one way in and one way out and extend several kilometres through or along bushland.  The RFS also identifies that the long travel distances increase the risk of residents being cut off by advancing fire due to dense smoke and reduced vision or fallen trees.  The RFS suggests that the split zone lot controls would create the potential for additional lots along these roads and place additional people in locations where there is an unsatisfactory level of bush fire risk.  The RFS raises no objection to split zone lots elsewhere in the Shire but encourages Council to seek ways to exclude the properties along these roads from further subdivision potential.

There are 42 properties in the Shire that comply with the requirements of the proposed split zone lot controls resulting in a theoretical potential of 100 additional lots.  An analysis has identified that only 5 of these properties are located along Canoelands and Geelans Roads and have a theoretical potential of 9 additional lots.  The proposed split zone lot controls have been drafted based on a best practice Standard Instrument LEP provision that references zones and minimum lot sizes but does not include reference to exclude specific properties.  The proposed controls meet the best practice policy writing principle of achieving a 90% best fit.  Subdivision of the properties of concern to the RFS would require a development application and be subject to a merit based assessment, including an assessment of compliance with the NSW RFS document “Planning for Bush Fire Protection”.

Accordingly, it is recommended that no change be made to the split zone lot controls proposed in the Rural Lands Planning Proposal as a result of the issues identified in the submission received from the NSW RFS.




1.         Council forward the Rural Lands Planning Proposal (Document No. D06952041) to the Minister for Planning and Environment for making pursuant to Section 59 of the Environmental Planning and Assessment Act 1979.

2.         Council endorse the Hornsby Development Control Plan 2013 amendments (Document No. D06952051).

3.         Council defer consideration of whether to progress investigation of any further options for review of allotment sizes until the release of the North District Plan by the Greater Sydney Commission which may identify key directions for development, including a rural resource lands strategy and housing targets.

4.         Submitters be advised of Council’s decision.





Fletcher Rayner

Manager - Strategic Planning

Planning Division



James Farrington

Group Manager

Planning Division




There are no attachments for this report.


File Reference:           F2015/00359

Document Number:    D06971701



Mayoral Minute No. MM3/16

Date of Meeting: 8/06/2016





Local shopping centres and town centres are the epicentre of our local communities.  Second only to our public road and footpath networks, they are the most visited public assets managed by councils.  They set the tone and character of a suburb and provide valuable local employment.

Given the prominence and importance of these local centres it is important that all councils in NSW aspire to invest in high quality public domain outcomes whenever they undertake revitalisation work.  This often requires the provision of new traffic and parking facilities, undergrounding of power lines, provision of new street lighting, street trees, pavements, outdoor dining areas and public art.  Although most councils desire to provide high quality public domain spaces they do not have sufficient financial capacity to deliver and sustain such improvements across all their suburban centres.

I believe this is a matter where the State Government can take a lead role by providing councils with an efficient framework to raise the revenue needed to fund public domain projects.  This could be achieved if the State Government simply made provision for councils to introduce a special levy for public domain improvements within agreed parameters.  For example, a special levy could be capped at 3% of rate revenue but could not be levied by a council until a Public Domain Strategy has been consulted with the community and adopted by the council.  Where these requirements have been met, however, the council would be able to apply the special levy without the need for referral to the Independent Pricing and Regulatory Tribunal (IPART).  All funds collected by the special levy could only be spent on projects identified in the Public Domain Strategy and councils could borrow against future income to bring forward more significant projects.

A new funding model initiated by State Government and implemented by councils would transform public domain spaces in all suburbs across NSW.  To progress this matter I recommend that Council write to the NSW Premier, the Minister for Planning, the Minister for Local Government and local State Members of Parliament, to propose a new model for public domain funding and also formally respond to the State Government’s Review of the Local Government Rating System with this proposal.




1.         Council write to the NSW Premier, the Minister for Planning, the Minister for Local Government and local Members of State Parliament, to seek their support for a new model for public domain funding in NSW.

2.         Council make a formal submission to the State Government’s Review of the Local Government Rating System to seek a more efficient funding model for public domain improvements in NSW.











There are no attachments for this report.


File Reference:           F2016/00179

Document Number:    D06968530