BUSINESS PAPER

 

Extraordinary Meeting

 

Wednesday 21 February 2018

at 8.00PM

 

 

 


Hornsby Shire Council                                                                                           Table of Contents

Page 1

 

TABLE OF CONTENTS

 

AGENDA AND SUMMARY OF RECOMMENDATIONS

Rescission Motions

Mayoral Minutes  

ITEMS PASSED BY EXCEPTION / CALL FOR SPEAKERS ON AGENDA ITEMS

GENERAL BUSINESS

Office of the General Manager

Nil

Corporate Support Division

Nil

Environment and Human Services Division

Nil

Planning Division

Item 1     PL6/18 Deferred Report - Planning Panels - Appointment of Expert and Community Members     1

Infrastructure and Recreation Division

Nil  

PUBLIC FORUM – NON AGENDA ITEMS

Questions of Which Notice Has Been Given

Mayor's Notes

Notices of Motion     

SUPPLEMENTARY AGENDA

MATTERS OF URGENCY 

QUESTIONS WITHOUT NOTICE

 


Hornsby Shire Council                                                   Agenda and Summary of Recommendations

Page 1

 

AGENDA AND SUMMARY OF RECOMMENDATIONS

 

PRESENT

NATIONAL ANTHEM

OPENING PRAYER/S

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.

OR

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

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

Nil

Environment and Human Services Division

Nil

Planning Division

Page Number 1

Item 1          PL6/18 Deferred Report - Planning Panels - Appointment of Expert and Community Members

 

RECOMMENDATION

THAT:

1.         Council endorse Juliet Grant and Peter Fryar to serve as technical expert members and Garry Fielding, Steven Layman and Mary-Lynne Taylor to serve as the alternate technical expert members on the Hornsby Shire IHAP for a three year term.

2.         Council endorse Brian Scarsbrick (A Ward), Jerome Cox (B Ward) and Barbara Wynn (C Ward) to serve as community members and John Filocamo to serve as the alternate on the Hornsby Shire IHAP for a three year term.

3.         Council endorse David White to serve as the ‘expert local member’, Ross Walker to serve as ‘non-expert local member’ and alternate for the ‘expert local member’, and Felicity Findlay to serve as alternate for the ‘non-expert local member’ on the SNPP for a three year term.

4.         The Hornsby Shire IHAP meeting be held in the Council Chambers on the fourth Wednesday of every month commencing at 6.30pm.

5.         Council’s General Manager be authorised to prepare a Draft Code of Meeting Practice for the adoption by the Hornsby Shire IHAP.

6.         SNPP members are to be remunerated (excluding expenses and GST) as follows: - ‘expert local members’ - $1,500 per meeting, ‘non-expert members’ - $600 per meeting; and the IHAP ‘community members’ - $600 per meeting.

 

Infrastructure and Recreation Division

Nil  

PUBLIC FORUM – NON AGENDA ITEMS

Questions of Which Notice Has Been Given

Mayor's Notes

Notices of Motion     

SUPPLEMENTARY AGENDA

MATTERS OF URGENCY 

QUESTIONS WITHOUT NOTICE

 


     


 

Group Manager's Report No. PL6/18

Planning Division

Date of Meeting: 21/02/2018

 

1        DEFERRED REPORT - PLANNING PANELS - APPOINTMENT OF EXPERT AND COMMUNITY MEMBERS   

 

EXECUTIVE SUMMARY

·              Independent Hearing Assessment Panels (IHAPs) were recently established under State Government planning legislation and will determine development applications of high value, corruption risk and strategic importance from March 2018.

·              Council is required to endorse two expert members and three alternate expert members, three community members and one alternate community member for appointment to the Hornsby Shire IHAP on a three year term.

·              IHAP meetings should be confirmed to commence at 6.30pm on the fourth Wednesday of every month and be facilitated generally in accordance with the procedures for Council’s General meetings.

·              Council’s local membership of the Sydney North Planning Panel (SNPP) is due for renewal. Council is required to endorse an ‘expert local member’, ‘non-expert local member’, alternate ‘expert local member’ and alternate ‘non-expert member’ for the SNPP for a three year term.

·              Council is required to remunerate the SNPP and IHAP members for their time and expertise.

RECOMMENDATION

THAT:

1.         Council endorse Juliet Grant and Peter Fryar to serve as technical expert members and Garry Fielding, Steven Layman and Mary-Lynne Taylor to serve as the alternate technical expert members on the Hornsby Shire IHAP for a three year term.

2.         Council endorse Brian Scarsbrick (A Ward), Jerome Cox (B Ward) and Barbara Wynn (C Ward) to serve as community members and John Filocamo to serve as the alternate on the Hornsby Shire IHAP for a three year term.

3.         Council endorse David White to serve as the ‘expert local member’, Ross Walker to serve as ‘non-expert local member’ and alternate for the ‘expert local member’, and Felicity Findlay to serve as alternate for the ‘non-expert local member’ on the SNPP for a three year term.

4.         The Hornsby Shire IHAP meeting be held in the Council Chambers on the fourth Wednesday of every month commencing at 6.30pm.

5.         Council’s General Manager be authorised to prepare a Draft Code of Meeting Practice for the adoption by the Hornsby Shire IHAP.

6.         SNPP members are to be remunerated (excluding expenses and GST) as follows: - ‘expert local members’ - $1,500 per meeting, ‘non-expert members’ - $600 per meeting; and the IHAP ‘community members’ - $600 per meeting.

 


PURPOSE

The purpose of this report is to seek Council’s endorsement of nominees for the technical expert and community member positions on the Independent Hearing and Assessment Panel (IHAP), community member positions on the Sydney North Planning Panel (SNPP), and confirm the IHAP meeting arrangements.

BACKGROUND

At its meeting on 11 October 2017, Council considered Group Manager’s Report No. PL 48/17 concerning recent amendments to planning legislation that mandate the establishment of Independent Hearing and Assessment Panels (IHAPs), their implications for Hornsby Shire and the need to commence the nomination process for local representation on the IHAP and Sydney North Planning Panel.  Council resolved that:

1.         Council make a submission to the Department of Planning and Environment requesting that the matters outlined in Group Manager’s Report No. PL48/17 be addressed in finalising the guidelines for the establishment of Independent Hearing and Assessment Panels (IHAPs) including additional community representation, cost recovery for the operational of the panel, and opportunity to refer additional matters of public interest to the panel.

2.         Council indicate its intention to establish a stand-alone IHAP for Hornsby Shire and seek expressions of interest for a community representative from each Ward (and alternates) for the Panel.

3.         Expressions of interest be sought for the two local representative positions on the Sydney North Planning Panel concurrently with the advertising of the IHAP positions.

4.         The outcome of the expression of interest processes be reported to Council for its endorsement of the community representative Panel members.

5.         To assist persons interested in preparing an expression of interest for the community representative positions, information briefing sessions be held to outline the composition and function of the Panels, role of community members in representing the views of the community and recruitment process including interviews by Council.

6.         An informal briefing of Councillors be held to discuss how best to provide information to the local community about the recently introduced legislation, the commencement of the new Panels, and how their structure, function and operations will affect community consultation and engagement in the planning process.

To action Items 1 and 2 of Council’s resolution, Council sent a letter to the Department advising of its intention to establish a stand-alone IHAP for Hornsby Shire and request the Department to address the concerns and suggested improvements in relation to the membership and operation of IHAPs (including additional community representation, cost recovery for the operation of the panel, and opportunity to refer additional matters of public interest to the panel) in finalising the guidelines for the establishment of IHAPs.

To action Items 2, 3 and 5 of Council’s resolution, Council sought EOIs with the intention of appointing IHAP community representatives pursuant to the Department’s “Guidelines for the selection of IHAP community representatives”.  Council advertised for the community representative positions between 2 November and 1 December 2017.  An advertisement was placed in local newspapers, eNews, and a Council webpage was established.  Council also held two briefings (one during the day and one in the evening) on 16 November 2017 for interested persons to find out more information on the role and responsibilities of the local member positions and assist them in applying.

To action Item 6 of Council’s resolution, Councillors will be briefed on IHAP processes and ways to best engage the community in these processes at the Councillor’s Strategic Intent workshop to be held between 16 February and 18 February 2018 with the intention of finalising a communications strategy.  In summary, the strategy will include sending letters to community groups and placing notices in local newspapers, eNews and on Council’s website.

To action Item 4 of Council’s resolution, this report presents the outcome of the expression of interest processes to appoint community members to the IHAP and SNPP.  The report also presents the outcome of the evaluation of technical expert members for appointment on the IHAP.

At its meeting on 22 November 2017, Council considered Mayoral Minute No. MM19/17 regarding the establishment of an IHAP for Hornsby Shire.  Council resolved that:

1.       Council write to the Hon. Anthony Roberts, Minister for Planning seeking an urgent meeting to:

1.1     Discuss concerns that the establishment of a mandatory IHAP for Hornsby Shire would take the responsibility for decision making out of the hands of Councillors who have been elected to represent the views of the local community.

1.2     Suggest that where panels are established, this should be at the discretion of the council with their structure determined in response to the unique characteristics of the local government area and the expectations of the local community.

2.       Council write to local State and Federal members advising them of Council’s resolution and seeking their support and assistance in the implementation of the above action and facilitating discussions with the State Government.

On 7 December 2017, Council wrote to the Hon. Anthony Roberts seeking an urgent meeting to discuss Council’s concerns with the establishment of an IHAP for the Hornsby Shire.  Council has not received a response to the request.  It is therefore appropriate that Council moves forward with the establishment of the IHAP to ensure development applications continue to be determined in a timely manner.

DISCUSSION

This report discusses the process for the evaluation of the expressions of interest received for the community and technical expert member positions on the IHAP.  This report also discusses the process for the evaluation of the expressions of interest received for the community member positions on the SNPP as well as the IHAP referral criteria, code of conduct and operational procedures.

1.         Independent Hearing and Assessment Panel

The NSW Government recently introduced legislation requiring all councils in the Greater Sydney Region and Wollongong to have IHAPs in place in by 1 March 2018.  All IHAPs are required to follow a standard model comprising a chair, two other expert members and a community representative.  A person is not eligible to be a member of a local planning panel if they are a councillor, a property developer or a real estate agent.  Alternate members are also required to be appointed in the event that the panel members are unavailable.

Selection of Chairpersons and Alternates: The Minister for Planning was responsible for choosing a chairperson for each panel, obtained through an expression of interest process that closed on 17 September 2017.  On 21 December 2017, Council was advised that Mr Garry Fielding was appointed as Chairperson for the Hornsby IHAP and Mr Steven Layman and Ms Jacqueline Townsend were appointed as alternate chairpersons.

Selection of Technical Expert Members: The Minister for Planning was also responsible for choosing a pool of technical experts through an EOI process, from which each council is required to select their two technical expert members and their alternate technical expert members.  The technical expert members must be qualified in at least one of the following fields: planning, architecture, heritage, environment, urban design, economics, traffic and transport, law, engineering, tourism or government and public administration.  On 21 December 2017, the list of experts approved by the Minister was forwarded to Council for evaluation. The list includes 218 candidates which have nominated to participate on IHAPs throughout the entire Sydney Metropolitan Area and Wollongong.

To assist in the selection of two technical expert members and alternate members for appointment to Council’s IHAP, the Mayor and Councillors Browne, Waddell and Heyde were nominated to evaluate the pool of technical experts.  Various selection criteria were applied, including whether the candidates nominated Hornsby Shire as their preferred Local Government Area (LGA), depth of experience, and knowledge of the Hornsby LGA.  This reduced the number of candidates to a manageable number for evaluation and at a meeting held on 11 January 2018, the selection panel shortlisted seven candidates for further evaluation by way of interview. The shortlisted candidates were invited to participate in interviews held on 18 January 2018 to provide them the opportunity to better identify how their qualities and experience are suited to participating on the Hornsby Shire IHAP.

After the evaluation of candidates’ application material and the interview process, the selection panel recommended the appointment of two technical expert members and three alternate members.  A summary of the recommended members and alternates, and their qualifications and experience is provided below.

Expert Member

Qualifications and Experience

Juliet Grant

Juliet has a Bachelor of Town Planning (Hons I) and a Masters of Environmental Law.  Juliet has 25 years strategic and statutory experience in Local and State Government and the consulting environment.  Juliet is a Fellow (Registered Planner) of the Planning Institute of Australia and is a Graduate of the Australian Institute of Company Directors.  Juliet’s professional appointments include Director, District Planning at the Department of Planning and Environment, and members of the Sydney South Planning Panel and Georges River Council IHAP.

Peter Fryar

Peter has a Bachelor of Town Planning and Certificate as a Town and Country Planner (Ordinance 4) issued under the Local Government Act 1919.  Peter has held a number of senior positions in Local Government and in private consultancy positions over the last 30 years.  Peter is a Corporate Member of the Planning Institute of Australia.  Peter’s experience includes working as Manager, Development Assessments at Hornsby Shire Council for eight years and acting as an expert witness in numerous appeals in the Land and Environment Court.

Alternate Member

 

Garry Fielding

Garry has a Graduate Diploma in Local Government Management and Graduate Diploma in Urban and Regional Planning and a Bachelor of Arts Degree - majoring in Urban Geography and Sociology.  Garry has 45 years of strategic and statutory experience in Local and State Government and the consulting environment.  Garry is a Fellow (Registered Planner) of the Planning Institute of Australia and was past president of the Royal Australian Planning Institute (NSW Division). Garry’s professional appointments include Chair of the Hunter and Central Coast Joint Regional Panel, former member of the NSW Heritage Council and Chair of the Hornsby Shire IHAP.

Stephen Layman

Stephen has a Bachelor of Architecture (Hons II) and a Masters of Town and Country Planning.  Stephen is a registered architect and certified practicing planner, has over 35 years of experience in architecture and/or town planning, including extensive experience in the Land and Environment Court over the last 25 years.  Stephen’s professional appointments include Chair of Shellharbour Independent Development Assessment Panel, Member of the Wollongong IHAP and Alternate Chair of the Hornsby Shire IHAP.

Mary-Lynne Taylor

Mary-Lynne has a Bachelor of Arts and a Bachelor of Laws.  Mary-Lynne was admitted and has practiced as a legal practitioner in NSW since 1969.   Mary-Lynne has extensive experience providing advice to Local Government in planning and local government law and a solicitor advocate at the Land and Environment Court.  Mary-Lynne’s professional appointments include the Sydney East and Sydney West Joint Regional Planning Panels, and the Liverpool, Fairfield, Warringah and Parramatta IHAPs.  Mary-Lynne is currently employed as a consultant to Bartier Perry Solicitors and has been appointed to the Hornsby Shire Council Legal Panel.

 

Selection of Community Members: The legislation requires that Council choose three community representatives, one from each Ward and an alternate community member.  Accordingly, Council previously resolved to seek expressions of interest for a community representatives from each Ward for the Panel.

As previously reported, Council sought EOIs with the intention of appointing IHAP community representatives pursuant to the Department’s “Guidelines for the selection of IHAP community representatives”.  Council advertised for the community representative positions between 2 November and 1 December 2017 by placing advertisements in local newspapers, eNews, and establishing a Council webpage.  Council also held two briefings (one during the day and one in the evening) on 16 November 2017 for interested persons to find out more information on the role and responsibilities of the local member positions and assist them in applying.

Council received fourteen applications for community member positions on the IHAP.  To assist in the selection of three local members (one in each ward) and an alternate for appointment to Council’s IHAP, the selection panel comprising the Mayor and Councillors Browne, Waddell and Heyde met on 13 December 2017 to evaluate the applicants.  Applicants were evaluated based on demonstrated experience, understanding of local issues and service to the Hornsby community.  They were also evaluated based on whether the applicants would have a sound knowledge of Panel processes and their ability to adhere to a Code of Conduct and Operational Procedures.

After the evaluation of candidates’ application material, the selection panel recommended the appointment of three local members and an alternate member.  A summary of the recommended members and alternates, and their background is provided below.

A Ward Member

Background

Brian Scarsbrick

Brian is a member of the Brooklyn Community Association and was previously a CEO of National Trust NSW and Landcare Australia

B Ward Member

 

Jerome Cox

Jerome was a previous Councillor for Hornsby Shire Council and is currently undertaking a Bachelor of Law/Commerce degree

C Ward Member

 

Barbara Wynn

Barbara has been a resident for 16 Years and has a Bachelor of Science and Masters Commerce.  Barbara has been appointed as Treasurer Byles Creek Valley Union

Alternate Member

 

John Filocamo

John was previously a Senior Manager for Crown Lands. John was previously appointed as Chair on the Board of Cemeteries NSW

 

All members should be selected for the maximum term of three years.

2.         Sydney North Planning Panel

The SNPP commenced in November 2016.  At the time, the Minister for Planning appointed Dr Deborah Dearing, North District Commissioner as Chair and Dr John Roseth and Mrs Sue Francis as members.  On 7 December 2017, Council received notice from the Minister for Planning that he has now appointed Mr Peter Debnam as Chairperson of the SNPP.

Local member representation was not renewed when the SNPP commenced due to pending Council mergers.  Given that the merger of Hornsby and Ku-Ring-Gai is no longer being pursued, at its meeting on 11 October 2017 resolved to seek expressions of interest for the two local member positions required to be filled.  Accordingly, Council sought EOIs concurrent with the EOIs for the IHAP.

Council received six applications for local member positions on the SNPP.  To assist in the selection of two local members and alternates for appointment to the SNPP, the selection panel comprising the Mayor and Councillors Browne, Waddell and Heyde evaluated the applicants at the meeting held on 13 December 2017.

Applicants were evaluated based on demonstrated experience, understanding of local issues and service to the Hornsby community.  They were also evaluated based on whether the applicants would have a sound knowledge of Panel processes and the ability to adhere to a Code of Conduct and Operational Procedures.  Applicants for the ‘expert local member’ position were also evaluated on whether they have expertise in one or more of the following fields: planning, architecture, heritage, the environment, urban design, land economics, traffic and transport, law, engineering, tourism or government and public administration.

After the evaluation of candidates’ application material, the selection panel recommended the appointment of two local members and two alternate members, it being noted that the non-expert local member’ will also fulfil the role of alternate ‘expert local member’.  A summary of the recommended members and alternates, and their background is provided below.

Expert Member

Background

David White

David is a Registered Architect and member of the Hornsby Shire Heritage Advisory Committee.  David is also the current expert member of the SNPP and previous representative on the Hornsby Shire Housing Strategy Committee

Local & Alternate Expert Member

 

Ross Walker

Ross is currently President of the Beecroft/Cheltenham Civic Trust, has tertiary qualifications in Surveying and Town Planning and is a member of the RTA Heritage Committee

Alternate Local Member

 

Felicity Findlay

Felicity is an Acquisitions Manager and Mortgage Broker, previous member of the Joint Regional Planning Panel and previous Councillor for Hornsby Shire Council

 

All members should be selected for the maximum term of three years.

3.         IHAP Referral Criteria, Code of Conduct and Operational Procedures

The Environmental Planning and Assessment Act 1979 allows the Minister for Planning to issue directions for what type of development applications are to be determined by IHAPs and what types of planning proposals are to be referred to it for advice. On 21 November 2017, the Department released draft Referral Criteria for councils.  In summary, the following referral criteria will apply to Hornsby Shire for DAs:

·              DAs valued at more than $5 million (but less than $30 million);

·              DAs where the owner or applicant is the council, a councillor, a member of a councillor’s family, a member of council staff, or a State or Federal member of Parliament;

·              DAs that receive 10 or more objections from different households;

·              DAs accompanied by a voluntary planning agreement;

·              DAs seeking to depart by more than 10% from the development standards;

·              DAs associated with a higher risk of corruption:

o     residential flat buildings assessed under SEPP 65;

o     demolition of heritage items;

o     licensed places of public entertainment and sex industry premises; and

o     designated development (as per the EP&A Regulation).

IHAPs are to be governed by a Code of Conduct and Operational Procedures that will ensure the proper conduct of members, procedural fairness and efficient and effective meetings.

The Code of Conduct adopts the terms of the Office of Local Government’s Model Code of Conduct for Local Councils in NSW (October 2017) but has been amended to strike out provisions that are not relevant to panel members and includes some additional provisions consistent with the legislative framework for IHAPs.

The Operational Procedures are designed to ensure that IHAPs meet their obligations in the most efficient and effective manner.  The Operational Procedures include provisions for how IHAP chairs are to be rotated and community representatives can be interchanged as needed.  The Operational Procedures also specifies how meetings and site visits are to be conducted.

Given Council’s meeting schedules and with the agreement of the IHAP Chair, it is appropriate that the IHAP meetings are held on the fourth Wednesday every month, commencing at 6.30pm within the Council Chambers.  It is anticipated that there will be five agenda items for each meeting, with the panel members commencing their site inspections at approximately 1.00pm.  It is also appropriate that a Code of Meeting Practices be prepared by Council and adopted by at the first the IHAP meeting.  The meetings will be facilitated by Council officers similar to Council’s General Meetings.

Accordingly, it is recommended that Council endorse that the IHAP meeting will commence at 6.30pm on the fourth Wednesday of every month and that the General Manager prepare a Code of Meeting Practices for adoption by the Hornsby Shire IHAP.

BUDGET

The estimated annual cost of running an IHAP, including payment of all the panel members, Council officers facilitating and the Council officers presenting the applications would be approximately $120,000 per year.  The cost of running the Panel is not recoverable. However, the Minister for Planning has indicated that he will be reviewing this in the near future.

Relevant to Hornsby Shire, the Minister for Planning has determined remuneration rates for IHAP members as follows:

·              Chair - $2,000 plus GST per meeting;

·              Technical experts - $1,500 plus GST per meeting; and

·              Community representatives – a minimum of $500 up to a maximum of $1,500 plus GST.

The rates assume a full day (seven hours) and include time for meeting preparation, site visits and participation at the meeting. It is also provided that panel members should be able to claim reasonable travel and out of pocket expenses.

Council previously paid ‘expert local members’ on the SNPP a fee consistent with the fee that was being paid to State appointed members on the SNPP.  It is recommended that ‘expert local members’ on the SNPP be paid a fee of $1,500 per meeting, consistent with that now being paid to technical experts on the IHAP.  Council also previously paid a fee consistent with that would be paid to a Councillor for ‘non-expert local members’ on the SNPP.  It is recommended that ‘non-expert members’ on the SNPP continue to be paid a similar fee of $600 per meeting.  It is also recommended that the same fee be paid to community members on the IHAP.

POLICY

There are no policy implications associated with this Report.

CONCLUSION

IHAPs were recently established under State Government planning legislation to determine development applications of high value, corruption risk and strategic importance.  Council is required to have an IHAP in place by 1 March 2018 which requires Council to appoint expert and local members (and alternates) in addition to the Chair (and alternates) appointed by the Minister for Planning.  Local membership of the SNPP is also due for renewal and requires Council to appoint local members (and alternates).  In addition to membership, Council also needs to endorse the proposed meeting arrangements and pay rates for community members.

Council should endorse the two expert members and three alternates, and three local members and one alternate chosen by the selection panel for appointment to the Hornsby Shire IHAP for a three year term.  Council should also endorse the two local members and one alternate chosen by the selection panel for appointment to the SNPP for a three year term.

The IHAP meeting should be confirmed to commence at 6.30pm on the fourth Wednesday of every month and be facilitated in the same fashion as Council’s General meeting.  Council should pay SNPP ‘expert local members’ a fee of $1,500 per meeting, SNPP ‘non-expert members’ a fee of $600 per meeting and IHAP ‘local members’ a fee of $600 per meeting.

Council should notify the community of the recently legislated changes to the planning process, commencement of the new panels and how to engage in the new planning process in accordance with a communications strategy to be finalised at the upcoming Councillors Strategic Intent workshop.  In summary, notifications will include sending letters to community groups and placing notices in local newspapers, eNews, and on Council’s website.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Acting Manager, Strategic Planning Branch – Jason Rawlin - who can be contacted on 9847 6744.

 

 

 

 

 

 

Jason Rawlin

Acting Manger - Strategic Planning

Planning Division

 

 

 

 

James Farrington

Acting General Manager

General Manager Division

 

 

 

 

Attachments:

There are no attachments for this report.

 

File Reference:           F2013/00295

Document Number:    D07390725