MINUTES OF General Meeting
Held at Council Chambers, HORNSBY
on Wednesday 14
December 2016
at 6:34PM

PRESENT
Councillors Russell (Chairman),
Anisse, Azizi, Browne, Cox, Gallagher, Hutchence, and Tilbury.
NATIONAL
ANTHEM
OPENING
PRAYER
Father Robert Borg, from Our
Lady of the Rosary Cathedral, Waitara opened the meeting in prayer.
Acknowledgement
of RELIGIOUS DIVERSITY
Statement by the Chairman:
"We recognise our Shire's rich cultural
and religious diversity and we acknowledge and pay respect to the beliefs of
all members of our community, regardless of creed or faith."
ABORIGINAL
RECOGNITION
Statement by the Chairman:
"We acknowledge we are on the
traditional lands of the Darug and Guringai Peoples. We pay our respects
to elders past and present."
AUDIO
RECORDING OF COUNCIL MEETING
Statement by the Chairman:
"I advise all present that tonight's meeting is being audio
recorded for the purposes of providing a record of public comment at the meeting, supporting the democratic process,
broadening knowledge and participation in community affairs, and demonstrating
Council’s commitment to openness and accountability. The recordings of the non-confidential parts of the
meeting will be made available on Council’s website once the Minutes have
been finalised. All speakers are requested to ensure their comments are
relevant to the issue at hand and to refrain from making personal comments or
criticisms. No other persons are permitted to record the meeting,
unless specifically authorised by Council to do so.”
APOLOGIES
/ leave of absence
RESOLVED ON THE MOTION OF COUNCILLOR GALLAGHER, seconded by
COUNCILLOR HUTCHENCE,
THAT the
apology and request for leave of absence from Councillors Berman and Singh in
respect of an inability to attend the General Meeting on 14 December 2016 be
accepted and leave of absence be granted.
FOR: COUNCILLORS
AZIZI, ANISSE, BROWNE, COX, GALLAGHER, HUTCHENCE, RUSSELL AND TILBURY
AGAINST: NIL
political donations disclosure
Statement
by the Chairman:
“In accordance with
Section 147 of the Environmental Planning and Assessment Act 1979, any person
or organisation who has made a relevant planning application or a submission in
respect of a relevant planning application which is on tonight’s agenda,
and who has made a reportable political donation or gift to a Councillor or
employee of the Council, must make a Political Donations Disclosure Statement.
If a
Councillor or employee has received a reportable political donation or
gift from a person or organisation who has made a relevant planning application
or a submission in respect of a relevant planning application which is on
tonight’s agenda, they must declare a non-pecuniary conflict of interests
to the meeting, disclose the nature of the interest and manage the conflict of
interests in accordance with Council’s Code of Conduct.”
declarations of interest
COUNCILLOR ANISSE declared a Less Than Significant
Non-Pecuniary Interest in relation to Item 7 - PL73/16 - Development
Application - Dwelling House - 8A Kirkham Street, Beecroft. Refer to that Item
for details
COUNCILLOR AZIZI declared a Less Than Significant Non-Pecuniary
Interest in relation to Item 7 - PL73/16 - Development Application - Dwelling
House - 8A Kirkham Street, Beecroft. Refer to that Item for details.
COUNCILLOR ANISSE declared a Pecuniary Interest in relation
to Item 18 - MM9/16 - Mayoral Minute - South Dural Planning Proposal. Refer to
that Item for details
COUNCILLOR BROWNE declared a Less Than Significant
Non-Pecuniary Interest in relation to Item 18 - MM9/16 - Mayoral Minute - South
Dural Planning Proposal. Refer to that Item for details
COUNCILLOR COX declared a Less Than Significant Non-Pecuniary
Interest in relation to Item 18 - MM9/16 - Mayoral Minute - South Dural
Planning Proposal. Refer to that Item for details
COUNCILLOR HUTCHENCE declared a Less Than Significant Non-Pecuniary
Interest in relation to Item 18 - MM9/16 - Mayoral Minute - South Dural
Planning Proposal. Refer to that Item for details
COUNCILLOR RUSSELL declared a
Less Than Significant Non-Pecuniary Interest in Item 18 - MM9/16 - Mayoral
Minute - South Dural Planning Proposal. Refer to that Item for details
confirmation of minutes
RESOLVED
ON THE MOTION OF COUNCILLOR BROWNE,
seconded by COUNCILLOR HUTCHENCE,
THAT the
Minutes of the General Meeting held on Wednesday 9 November 2016 be
confirmed, a copy having been distributed to all Councillors.
FOR: Councillors
AZIZI, Anisse, Browne, Cox, Gallagher, Hutchence, Russell and Tilbury
AGAINST: NIL
|
petitionS
COUNCILLOR TILBURY tabled a petition, with approximately 850
signatures in relation to Item 11 –PL77/16 - Further Report - Development
Application - Subdivision Of Four Allotments Into Four Lots - Water Recreation
Structure - Calabash Point, Berowra Creek
presentations
Nil
Rescission Motions
Nil
Mayoral Minutes
17 MM8/16 Undergrounding
of Power Lines
(F2004/08619-04)
|
RESOLVED ON THE MOTION OF COUNCILLOR
RUSSELL, seconded by COUNCILLOR HUTCHENCE
THAT Council:
1. Seek
to meet with Ausgrid to discuss ways that Ausgrid can progressively place the
power supply underground as part of their network maintenance and renewal
strategy, with an initial focus on Peats Ferry Road between Galston Road and
the Asquith Town Centre.
2. Investigate
appropriate amendments to the Hornsby Development Control Plan 2013 that aim
to ensure that all new subdivisions and high density developments include
underground cabling or the future provision for this.
FOR: Councillors
AZIZI, ANISSE, BROWNE, Cox, Gallagher, Hutchence, Russell and Tilbury
AGAINST: NIL
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18 MM9/16 Mayoral
Minute - South Dural Planning Proposal
(PP/1/2013)
|
Note: COUNCILLOR ANISSE declared a Pecuniary
Interest in this Item under Clause 52 of Council’s Code of Meeting
Practice (see Declarations of Interest in these Minutes). The nature of
the interest was stated by COUNCILLOR ANISSE on the Declaration of Interest
form as “Family residence at 245 New Line Road, Dural, which is in the
South Dural Precinct”. COUNCILLOR ANISSE was not present at, or in
sight of, the meeting when the item was being discussed or voted on.
Note:
COUNCILLOR BROWNE declared a Less Than Significant Non-Pecuniary Interest in
this Item under Clause 51A of Council’s Code of Meeting Practice (see
Declarations of Interest in these Minutes). The nature of the interest
was stated by COUNCILLOR BROWNE on the Declaration of Interest form as
“I am a member of the same organisation that a number of local
residents that could be affected by this Mayoral Minute.” and the
explanation of why the interest does not require further action in the
circumstances was “I would not be affected in making a decision.”
Note:
COUNCILLOR COX declared a less than significant non-pecuniary interest in
this Item under Clause 51A of Council’s Code of Meeting Practice (see Declarations
of Interest in these Minutes). The nature of the interest was stated by
COUNCILLOR COX on the Declaration of Interest form as “I am a member of
the same organisation as some of the persons affected by this item.”
and the explanation of why the interest does not require further action in
the circumstances was “the interest has no bearing on my decision in
this item.”
Note:
COUNCILLOR HUTCHENCE declared a less than significant non-pecuniary interest
in this Item under Clause 51A of Council’s Code of Meeting Practice
(see Declarations of Interest in these Minutes). The nature of the
interest was stated by COUNCILLOR HUTCHENCE on the Declaration of Interest
form as “I am a member of an organisation where members have expressed
views both for and against the proposal.” and the explanation of why
the interest does not require further action in the circumstances was
“has no impact on my decision and I do not recall meeting or talking
with them previous to this issue being raised.”
Note:
COUNCILLOR RUSSELL declared a Less Than Significant Non-Pecuniary Interest in
this Item under Clause 51A of Council’s Code of Meeting Practice (see
Declarations of Interest in these Minutes). The nature of the interest
was stated by COUNCILLOR RUSSELL on the Declaration of Interest form as
“I am a member of the Liberal Party to which some land owners in South
Dural also belong.” and the explanation of why the interest does not
require further action in the circumstances was “This association does
not interfere with my decision to move this Mayoral Minute.”
RESOLVED ON THE MOTION OF COUNCILLOR RUSSELL seconded by
COUNCILLOR HUTCHENCE
THAT:
1. Council
write to the Honourable Duncan Gay, Minister for Roads, Maritime and Freight
requesting an urgent response to confirm the NSW Government’s position
concerning the commitment of State funds for upgrades to the regional road
network in accordance with the business plan for the South Dural Planning
Proposal and timing of delivery for any such funds.
2. Should
the State Government not support the funding model in the business plan,
confirmation be sought concerning the Government’s plans and timeframe
for upgrading New Line Road and Old Northern Road to meet existing conditions
and projected background growth.
FOR: Councillors
AZIZI, Browne, Cox, Gallagher, Hutchence, Russell and Tilbury
AGAINST: NIL
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ITEMS PASSED BY EXCEPTION / CALL FOR SPEAKERS ON AGENDA ITEMS
THE MAYOR ANNOUNCED
his intention to deal with the balance of the Business Paper by the exception
method and announced the items.
Items 1, 2, 6, 7, 11 and 16 were withdrawn for discussion.
RESOLVED ON THE MOTION OF COUNCILLOR
COX, seconded by COUNCILLOR ANISSE,
THAT the recommendations in respect of items 3, 4, 5, 8, 9, 10,
12, 13 and 14 be adopted
FOR: Councillors
Anisse, AZIZI, Browne, Cox, Gallagher, Hutchence, Russell AND Tilbury
AGAINST: Nil
For the sake of clarity, the above items are
recorded in Agenda sequence.
Note: Item 15 was called
over and noted.
Note: Persons wishing to address Council on matters
which were on the Agenda were permitted to speak, prior to the item being
discussed, and their names are recorded in the Minutes in respect of that
particular item.
Note: Persons
wishing to address Council on Non Agenda items were permitted to speak after
all items on the Agenda in respect of which there was a speaker from the public
were finalised by Council. Their names are recorded in the Minutes under
the heading “Public Forum – Non Agenda Items.”
GENERAL BUSINESS
Office of the General Manager
1 GM4/16 Code
Of Conduct Complaints - Annual Report
(F2006/00554)
|
Mr Peter Waite, of Pennant Hills
addressed Council regarding this item.
RESOLVED
ON THE MOTION OF COUNCILLOR TILBURY, seconded by COUNCILLOR BROWNE
THAT the contents of General Manager’s Report No. GM4/16 be
received and noted.
FOR: Councillors
AZIZI, ANISSE, Browne, Cox, Gallagher, Hutchence, Russell and Tilbury
AGAINST: Nil
|
Corporate Support Division
2 CS48/16 Outstanding
Council Resolutions - Period Until 31 August 2016
(F2005/00112)
|
RESOLVED ON THE MOTION OF COUNCILLOR
HUTCHENCE, seconded by COUNCILLOR BROWNE
THAT:
A.
The contents of Deputy General Manager’s Report No. CS48/16 be
received and noted.
B.
In respect of the outstanding resolution for Notice of Motion No. NOM3/16
- Community Infrastructure Serving Beecroft and Cheltenham:
1.
Council progress the upgrade works to the Beecroft Station Gardens and
car parking/landscape improvements to the Beecroft Community Centre.
2.
Up to $600,000 of the funds arising from the sale of 179 Beecroft
Road, Cheltenham be allocated to complete the Stage 2 works for Beecroft
Station Gardens.
3.
Council investigate options for the development of a public domain
plan for the Beecroft Town Centre.
FOR: Councillors
AZIZI, ANISSE, Browne, Cox, Gallagher, Hutchence, Russell and Tilbury
AGAINST: Nil
|
3 CS49/16 Investments
and Borrowings for 2016/17 - Results for Period Ending 31 October 2016
(F2004/06987-02)
|
RESOLVED ON THE
MOTION OF COUNCILLOR COX, seconded by COUNCILLOR ANISSE
THAT the contents of
Deputy General Manager’s Report No. CS49/16 be received and noted.
FOR: Councillors
AZIZI, ANISSE, Browne, Cox, Gallagher, Hutchence, Russell and Tilbury
AGAINST: Nil
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Environment and Human Services Division
4 EH11/16 Proposal
to Enter into Biobanking Agreements at Waitara Creek Bushland, Galston Park
Bushland and Arcadia Park Bushland
(F2015/00348)
|
RESOLVED ON THE MOTION OF COUNCILLOR
COX , seconded by COUNCILLOR ANISSE
THAT:
1. Council
submit proposed Biobanking agreements to the Office of Environment and Heritage
for land known as Waitara Creek Bushland, Galston Park Bushland and Arcadia
Park Bushland as outlined in Attachments 1, 2 and 3 to Group Manager’s
Report No. EH11/16.
2. The
General Manager be authorised to enter into negotiations with Lend Lease
Bouygues Joint Venture/NorthConnex, The NSW Department of Education and other
interested parties to finalise the transfer and retirement of Biobanking
credits generated for Waitara Creek Bushland, Galston Park Bushland and
Arcadia Park Bushland.
3. The
General Manager be authorised to execute any documents in relation to
Biobanking agreements for Waitara Creek Bushland, Galston Park Bushland and
Arcadia Park Bushland as deemed appropriate by Council’s legal
advisors.
FOR: Councillors
AZIZI, ANISSE, Browne, Cox, Gallagher, Hutchence, Russell and Tilbury
AGAINST: Nil
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5 EH13/16 Proposed
New Leases - Council's Pre-School and Kindergarten Portfolio
(F2016/00073)
|
RESOLVED ON THE
MOTION OF COUNCILLOR COX , seconded by COUNCILLOR ANISSE
THAT:
1. In
respect of KU Berowra, KU Galston, KU Grevillia, Jack and Jill Kindergarten,
Larool Preschool and North Epping Kindergarten, Council delegate authority to the Acting General Manager to undertake further
detailed negotiations and execute appropriate lease documents and any other
related documents deemed appropriate by Council’s legal advisors for
leases of a maximum term of 10 years (including any option periods),
generally in accordance with the Heads of Agreement included in Confidential
Attachment 2 to Group Manager’s Report No. EH13/16.
2. In
respect of Norwood Community Preschool and Cherrybrook Community
Kindergarten, Council delegate authority to the Acting General Manager to
undertake further detailed negotiations and execute appropriate lease
documents and any other related documents deemed appropriate by
Council’s legal advisors for leases of a maximum term of 10 years
(including any option periods) generally reflective of the market valuations
received and agreements reached with the other kindergartens.
3. Council
seek consent from the Minister for Crown Lands to those leases on Crown Land
at Asquith and Hornsby Heights.
FOR: Councillors
AZIZI, ANISSE, Browne, Cox, Gallagher, Hutchence, Russell and Tilbury
AGAINST:
Nil
|
Planning Division
6 PL70/16 Development
Application - Addition of Two Silos to an Existing Concrete Batching Plant -
23 Sefton Road, Thornleigh
(DA/938/2016)
|
Mr Mark Ireland,
of Thornleigh addressed Council regarding this item.
Mr Loui Gavallaro, of Thornleigh addressed Council
regarding this item.
RESOLVED ON THE MOTION OF COUNCILLOR BROWNE, seconded by
COUNCILLOR HUTCHENCE
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/938/2016 for the addition of two silos to an existing concrete batching
plant at Lot 1 DP 590251, No. 23 Sefton Road, Thornleigh, subject to the
conditions of consent detailed in Schedule 1 of Group Manager’s Report
No. PL70/16 and amendment to condition No. 14 as follows:
14. Hours of Operation
The hours of operation of the premises, including
deliveries, maintenance works and other noise generating activities, are
restricted to those times listed below:
Monday to
Friday
7 am to 6 pm
Saturday
8 am to 1 pm
Sunday
and Public Holidays No work
FOR: Councillors
AZIZI, ANISSE, Browne, Cox, Gallagher, Hutchence, Russell and Tilbury
AGAINST: Nil
|
7 PL73/16 Development
Application - Dwelling House - 8A Kirkham Street Beecroft
(DA/802/2016)
|
Note:
COUNCILLOR AZIZI declared a Less Than Significant Non-Pecuniary Interest in
this Item under Clause 51A of Council’s Code of Meeting Practice (see
Declarations of Interest in these Minutes). The nature of the interest
was stated by COUNCILLOR AZIZI on the Declaration of Interest form as
“Adjoining property to the proposed DA site has hired a planner who has
worked for my husband.” and the explanation of why the interest does
not require further action in the circumstances was “It is a remote
connection and will not have impact on my decision.”
Note: COUNCILLOR ANISSE declared
a Less Than Significant Non-Pecuniary Interest in this Item under Clause 51A
of Council’s Code of Meeting Practice (see Declarations of Interest in these
Minutes). The nature of the interest was stated by COUNCILLOR ANISSE on
the Declaration of Interest form as “The adjoining land owners’
(objectors) planner, Think Planners, is known to me professionally.”
and the explanation of why the interest does not require further action in
the circumstances was “We do not discuss the contents of this
application.”
Mr Adam Byrnes, on behalf of the Applicant addressed Council
regarding this item.
RESOLVED ON THE MOTION OF COUNCILLOR HUTCHENCE, seconded
by COUNCILLOR AZIZI
THAT consideration of Development Application No.
DA/802/2016 for construction of a dwelling house at Lot 9 DP1089650, No. 8A
Kirkham Street, Beecroft be deferred to enable an onsite meeting to be
arranged by the Group Manager Planning for available Councillors, Council
officers, the applicant and submitters to discuss the implications of the Development
Application and issues raised in submissions including bulk and scale,
privacy, heritage, stormwater management, vehicular access and parking.
FOR: Councillors
AZIZI, ANISSE, Browne, Cox, Gallagher, Hutchence, Russell and Tilbury
AGAINST: Nil
|
8 PL75/16 Development
Application - Residential Flat Building Comprising 36 Units - Nos 3, 5 and 5A
Citrus Avenue, Hornsby
(DA/725/2016)
|
RESOLVED ON THE
MOTION OF COUNCILLOR COX , seconded by COUNCILLOR ANISSE
THAT Development Application No. DA/725/2016 for
demolition of existing structures and construction of a five storey
residential flat building comprising 36 units and basement car park at Lot 2
DP 882305, Lot 17 DP 7071, Lot 1 DP 882305 Nos. 3, 5 and 5A Citrus Avenue,
Hornsby be approved subject to the conditions of consent detailed in Schedule
1 of Group Manager’s Report No. PL75/16.
FOR: Councillors
AZIZI, ANISSE, Browne, Cox, Gallagher, Hutchence, Russell and Tilbury
AGAINST: Nil
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9 PL76/16 Development
Application - Industrial Building Comprising 17 Units, Signage, Strata
Subdivision and First Use - 4 Gundah Road, Mount Kuring-gai
(DA/519/2016)
|
RESOLVED ON THE
MOTION OF COUNCILLOR COX , seconded by COUNCILLOR ANISSE
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/519/2016 for construction of an industrial building comprising 17 units,
signage, strata subdivision and first use of units, at Lot 2 DP 733994, No. 4
Gundah Road, Mount Kuring-gai, as a deferred commencement pursuant to Section
80(3) of the Environmental Planning and Assessment Act 1979 subject to the
conditions of consent detailed in Schedule 1 of Group Manager’s Report
No. PL76/16.
FOR: Councillors
AZIZI, ANISSE, Browne, Cox, Gallagher, Hutchence, Russell and Tilbury
AGAINST: Nil
|
10 PL81/16 Development
Application - Emergency Services Facility - Berowra Park (R33756), 14X
Berowra Waters Road, Berowra
(DA/805/2016)
|
RESOLVED ON THE
MOTION OF COUNCILLOR COX , seconded by COUNCILLOR ANISSE
THAT Development Application No. DA/805/2016 for
construction of an emergency services facility for the NSW Rural Fire Service
at Lot 7308 DP 116522, Berowra Park (R33756), No. 14X Berowra Waters Road,
Berowra be approved subject to the agreement of the NSW Rural Fire Service to
the imposition of conditions of consent detailed in Schedule 1 of Group
Manager’s Report No. PL81/16.
FOR: Councillors
AZIZI, ANISSE, Browne, Cox, Gallagher, Hutchence, Russell and Tilbury
AGAINST: Nil
|
11 PL77/16 Further
Report - Development Application - Subdivision Of Four Allotments Into Four
Lots - Water Recreation Structure - Calabash Point, Berowra Creek
(DA/1009/2013)
|
Ms Lauren
Gallaway, on behalf of Save Calabash Bay, addressed Council regarding this
item
Mr Michael Bell OAM, on behalf of Dural and District
Historical Society and Arcadia Galston Residents Association Incorporated, addressed
Council regarding this item.
Ms Gail Meek, on behalf of Save Calabash Bay addressed Council
regarding this item.
Ms Gunnel Watkins, of Collingridge Point addressed Council
regarding this Item.
Ms Sharon Haworth, on behalf of Save Calabash Bay addressed
Council regarding this Item.
Ms Sharon Berlet, of Berowra Waters addressed Council regarding
this item.
Ms Jill Gleave, on behalf of Save Calabash Bay addressed
Council regarding this item.
Mr David Quincey, of Berowra Waters addressed Council regarding
this item.
Miss Annie Crowe, on behalf of Friends of Calabash Bay
addressed Council regarding this item.
Mr John Moxham, of Berowra Waters addressed Council regarding
this item.
Ms Kylie Yeend, of Berowra Waters addressed Council regarding
this item.
Mr Graeme Plummer, of Berowra Waters addressed Council
regarding this item.
Mr Dean Morris, on behalf of Berowra Waters Progress
Association addressed Council regarding this item.
Mr Eric Stammer, of Berowra Waters addressed Council regarding
this item.
Mr Keith Ewart, of Calabash Point addressed Council regarding
this item.
Ms Baiba Neimanis, the owner, addressed Council regarding this
item.
Mr Stephen Berry, the applicant, addressed Council regarding
this Item.
Moved on the Motion of Concillor hutchence seconded BY COUNCILLOR COX
THAT Council seek the concurrence of the Secretary of the
Department of Planning and Environment pursuant to State Environmental
Planning Policy No. 1 – Development Standards and approve Development
Application No. DA/1009/2013 for subdivision of four allotments into four
lots and construction of two jetties and pontoons at Lot 1 and Lot 2 DP
882783, Lot 78 DP 752048 and Lot 163 DP 1113745, Calabash Point, Berowra Creek
as a deferred commencement pursuant to Section 80(3) of the Environmental
Planning and Assessment Act 1979 subject to the conditions of consent
detailed in Schedule 1 of Group Manager’s Report No. PL77/16.
a FORESHADOWED MOTION WAS MOVED BY
COUNCILLOR TILBURY
THAT Council refuse Development Application No.
DA/1009/2013 for subdivision of four allotments into four lots and
construction of two jetties and pontoons at Lot 1 and Lot 2 DP 882783, Lot 78
DP 752048 and Lot 163 DP 1113745, Calabash Point, Berowra Creek on the
following grounds.
1. The application is
unsatisfactory in respect to Section 79C(1)(a)(i) of the Environmental
Planning and Assessment Act 1979 as the proposed subdivision would be
inconsistent with the Hornsby Shire Local Environmental Plan objectives for
the Environmental Protection E (River Settlement) Zone in respect to:
1.1 The
proposal would not protect the natural environment of the sensitive area of
Calabash Bay.
1.2 The
proposal would not protect the scenic quality of Calabash Bay and is not
within the environmental capacity of the area.
2. The
application is unsatisfactory in respect to Section 79C(1)(a)(i) of the
Environmental Planning and Assessment Act 1979 as the proposed subdivision
would be inconsistent with the Sydney Regional Environmental Plan No. 20
– Hawkesbury-Nepean River (No. 2 – 1997) strategy to retain
existing vegetation to maintain riverine scenic quality.
3. The
application is unsatisfactory in respect to Section 79C(1)(a)(ii) of the
Environmental Planning and Assessment Act 1979 as the applicant has not
adequately addressed the impacts of the proposal in respect to the coastal
zone subject to Clause 5.5 of Hornsby Local Environmental Plan 2013 and the
draft State Environmental Planning Policy Coastal Management 2016.
4. The
application is unsatisfactory in respect to Section 79C(1)(b) of the
Environmental Planning and Assessment Act 1979 as the applicant has not
adequately demonstrated the proposal is acceptable in respect to resident
facilities at Berowra Waters:
4.1 The
proposal is uncertain as to boat mooring and car parking facilities at
Berowra Waters as none have been specifically allocated to the proposed
allotments.
4.2 The
proposal is uncertain as to the capacity of waste management facilities at
Berowra Waters to accommodate waste generated by future dwellings on the
proposed allotments.
5. The
application is unsatisfactory in respect to Section 79C(1)(c) of the
Environmental Planning and Assessment Act 1979 as the applicant has not
adequately demonstrated the site is suitable for the proposal in respect to:
5.1 The
proposed water access would require deepening of the channel to meet the
navigable access requirement for a minimum 600mm water depth at Indian Spring
Low Tide in accordance with Hornsby Development Control Plan 2013.
5.2 The
proposal is uncertain in respect to potential impacts on the marine habitat
of Calabash Bay.
6. The
application is unsatisfactory in respect to Section 79C(1)(e) of the
Environmental Planning and Assessment Act 1979 as the proposed subdivision is
contrary to Council’s planning controls for subdivision under Hornsby
Local Environmental Plan 2013 and would not be in the public interest.
the Motion moved by Councillor hutchence seconded by
COUNCILLOR COX WAS PUT AND CARRIED.
FOR: Councillors
ANISSE, Browne, Cox, Hutchence and Russell
AGAINST: COUNCILLORS
Azizi, Gallagher and Tilbury
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12 PL80/16 Former
Plan for the Extension of Arianna Avenue, Normanhurst
(F2004/08579)
|
RESOLVED ON THE
MOTION OF COUNCILLOR COX, seconded by COUNCILLOR ANISSE
THAT:
1. Council
negotiate with the landowner of property No. 34 Hinemoa Avenue, Normanhurst
when a development application for the redevelopment of the land is lodged to
obtain a right of carriageway to provide vehicular access to the existing
garage on property No. 17B Redgrave Road, Normanhurst.
2. The
owners of the affected properties be advised of Council’s resolution.
FOR: Councillors
AZIZI, ANISSE, Browne, Cox, Gallagher, Hutchence, Russell and Tilbury
AGAINST: Nil
|
13 PL83/16 Draft
Medium Density Housing Code
(F2015/00146)
|
RESOLVED ON THE
MOTION OF COUNCILLOR COX , seconded by COUNCILLOR ANISSE
THAT Council forward a submission to the Department of
Planning and Environment supporting the intent of promoting density housing
but raising the concerns identified in Group Manager’s Report No.
PL83/16 including:
1.
Implementation of the Medium Density Design Guide by way of State
Environmental Planning Policy (Exempt and Complying Development) Codes 2008
is inconsistent with the draft North District Plan which identifies that
councils are best placed to investigate opportunities for medium density
housing.
2.
Medium density development is better suited to the development
application pathway to enable merit assessment when required.
3.
The role of the Medium Density Design Guide should be similar to that
of the NSW Apartment Design Guide and State Environmental Planning Policy
No.65 Design Quality of Residential Apartment Development to respect local
character.
4.
Should the Department proceed to amend the Codes SEPP, provision
should be made for councils to seek exemption where they can demonstrate that
their local housing strategy has implemented the requirements of the District
Plan and is consistent with the design intent of the Medium Density Design
Guide.
FOR: Councillors
AZIZI, ANISSE, Browne, Cox, Gallagher, Hutchence, Russell and Tilbury
AGAINST: Nil
|
Infrastructure and Recreation Division
14 IR31/16 Inclusive
Playgrounds
(F2004/09976-02)
|
RESOLVED ON THE
MOTION OF COUNCILLOR COX , seconded by COUNCILLOR ANISSE
THAT Council:
1. Provide
in-principle support to ensuring accessible and inclusive design is the
starting point for all new and refurbished playgrounds.
2. Consult
with the local community and look to incorporate inclusive play opportunities
wherever possible in new and renewal playground developments. For
larger playground projects at destination parks staff will also engage
specifically with disability service provider groups regarding design
principles for inclusive design.
FOR: Councillors
AZIZI, ANISSE, Browne, Cox, Gallagher, Hutchence, Russell and Tilbury
AGAINST: Nil
|
Confidential Items
Nil
PUBLIC FORUM – NON AGENDA ITEMS
Mr Robert Clayton, of Cherrybrook addressed Council regarding
the Cherrybrook Railway Precinct Plan
Questions of Which Notice Has Been Given
Nil
Mayor's Notes
15 MN12/16 Mayor's
Notes from 1 to 30 November 2016
(F2004/07053)
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Note: These are the functions
that the Mayor, or his representative, has attended in addition to the normal
Council Meetings, Workshops, Mayoral Interviews and other Council Committee
Meetings.
Friday 4 November 2016
– On behalf of the Mayor, Deputy Mayor Councillor Hutchence attended Studio
ARTES Magical Fantasy Ball at Hornsby RSL Club.
Sunday 6 November 2016
– The Mayor attended the Parish of St Therapon Ten Year Anniversary
Ball at Curzon Hall, Marsfield.
Friday 11 November 2016
– The Mayor attended the Hornsby RSL Sub-Branch Remembrance Day
Ceremony at Hornsby Cenotaph.
Tuesday 15 November 2016
– The Mayor hosted three Citizenship Ceremonies in the Council
Chambers.
Thursday 17 November
2016 – The Mayor attended the launch of Kmart Hornsby’s
Wishing Tree at Kmart Hornsby.
Thursday 17 November
2016 – The Mayor attended Marian Street Theatre’s 50th
Birthday Celebration at Killara.
Friday 18 November 2016
– The Mayor attended Hornsby North Public School’s 50th
Anniversary Celebrations at the School.
Friday 18 November 2016
– On behalf of the Mayor, Councillor Browne attended the Hornsby
Woodworking Men’s Shed Christmas Party at Thornleigh.
Saturday 19 November
2016 – The Mayor attended the Screen on the Green Outdoor Movie
Event “Cars” at Hornsby.
Saturday 19 November
2016 – The Mayor officially opened the Hornsby Art Prize Awards
Night at Wallarobba Arts and Cultural Centre, Hornsby.
Thursday 24 November
2016 – The Mayor attended the Bendigo Bank Galston Community
Event at the Galston Club.
Friday 25 November 2016
– The Mayor attended the Hornsby War Memorial Hall Committee Christmas
Function at Hornsby RSL Club.
Saturday 26 November
2016 - On behalf of the Mayor, Councillor Browne attended the
Bushcare/Nursery Volunteer Christmas Party at Roselea Community Centre,
Carlingford.
Sunday 27 November 2016
– The Mayor attended the Berowra RSL Sub-Branch Annual Christmas Lunch
at Club Berowra.
Called over and
noted
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Notices of Motion
16 NOM8/16 Peats
Ferry Road – Intersection with Dural Street - No Right Turn Restriction
and Other Matters
(F2004/09962)
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RESOLVED ON THE MOTION OF COUNCILLOR
BROWNE, seconded by COUNCILLOR HUTCHENCE
THAT Council:
1. Refer
the proposal to change the existing “No Right Turn, 7am - 9am, 3pm -
6pm Monday to Friday” in place in Peats Ferry Road at Dural Street to
“No Right Turn, 6am – 10am, 3pm - 7 pm, Monday to Friday”
to the Hornsby Shire Local Traffic Committee for a recommendation after the
results of public consultation are known.
2. Investigate
the imposition of “No Right Turn” bans into or out of Peats Ferry
Road at Dural Street or Dural Lane after the Quarry Filling work has commenced
and impacts can be evaluated.
FOR: Councillors
Anisse, Azizi, Browne, Cox, Gallagher, Hutchence, Russell and Tilbury
AGAINST: Nil
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Supplementary Reports
Nil
MATTERS OF URGENCY
Nil
QUESTIONS WITHOUT NOTICE
Nil
THE MEETING terminated at 10.04 pm.
These Minutes were confirmed at the meeting held on Wednesday
8 February, 2017, at which meeting the signature hereunder was subscribed.
CONFIRMED CHAIRMAN
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