MINUTES OF General Meeting
Held at Council Chambers, HORNSBY
on Wednesday 11 April 2018
at 6:32PM
PRESENT
Councillors Ruddock (Chairman), Browne, del Gallego, Heyde, Marr, McIntosh, Nicita, Tilbury and Waddell.
Note: Councillor Browne arrived at 6.42pm. He was not present for discussion or voting on Apologies / Leave of Absence.
NATIONAL ANTHEM
OPENING PRAYER
Rev deSouza of Hornsby Cathedral Parish, 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 TILBURY, seconded by COUNCILLOR MCINTOSH,
THAT the apology and request for leave of absence from Councillor Hutchence in respect of an inability to attend the General Meeting on 11 April 2018 be accepted and a leave of absence be granted.
FOR: Councillors Del Gallego, Heyde, Marr, McIntosh, Nicita, Ruddock, Tilbury and Waddell
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
Note: At this point in the meeting, Councillor Waddell made the following statement in respect of the consideration of a matter at the 21 February 2018 Extraordinary Meeting:
“Councillors, it has come to my attention that prior to dealing with item 1 PL6/18 listed on the Business Paper of 21 February 2018, I omitted to declare an interest. The item listed related to the selection of our IHAP representatives. I would like to address that omission tonight and make my association with Tony Jones, one of our panel selections perfectly clear.
Just over two years ago I was approached by the Treasurer of the Hornsby Rural Areas Association (HRAA) to join their committee. The belief being that I would bring some balance to the committee as a reasonably successful Agri-Business operator and my family’s long term association with the area and its issues. I accepted the invitation and participated in the HRAA meetings and public forums. Tony Jones appeared to be the President from the group’s establishment and certainly was when I joined.
I didn’t really know Mr Jones previously but have since been made aware of his additional role of Treasurer of the Galston Community Centre management committee. As I came to know Tony better it became apparent to me that he had grave concerns for inappropriate development threatening our community and had called upon the broader community to participate and contribute directly to restoring local planning to the people directly affected.
In 2017 when nominations for Local Government had opened I indicated to the HRAA committee that I would be seeking election to Hornsby Council on a Liberal ticket. I also indicated at this time that if I were successful, I would be resigning from the committee and the association with a view to resolve any future conflict. As you are aware, I was successful in my bid to be elected and subsequently resigned.
In addition, a colleague reminded me of some election material that was distributed by HRAA supporting my candidacy for Council. I had expressly requested that the association did not produce this material and that I would not endorse the use of my name. I appreciated the gesture, however I was campaigning as a member of a Liberal team not as an individual. Therefore the offer was contradictory to my interests. Regardless, they have acted independently and expressed their view in a manner they saw fit. From my observations, Tony Jones appeared to be an ideal candidate and I had no hesitation in supporting his application.
I would like to apologise to you all for omitting to declare this Less Than Significant Non-Pecuniary Interest both at the time when the panel recommendations were being considered and at the subsequent Council meeting when candidates were endorsed”.
___________________________
COUNCILLOR DEL GALLEGO declared a Less Than Significant Non-Pecuniary Interest in relation to Item 4 – PL11/18 South Dural Planning Proposal. Refer to that Item for details.
COUNCILLOR WADDELL declared a Less Than Significant Non-Pecuniary Interest in relation to Item 9 – NOM7/18 Planning Panels – Appointment of Expert and Community Member. Refer to that Item for details.
confirmation of minutes
petitionS
Nil
presentationS
Nil
Rescission Motions
Nil
Mayoral Minutes
ITEMS PASSED BY EXCEPTION / CALL FOR SPEAKERS ON AGENDA ITEMS
Items 2, 4, 7, 8, 9, 10 and 11 were withdrawn for discussion.
RESOLVED ON THE MOTION OF COUNCILLOR TILBURY seconded by COUNCILLOR MCINTOSH,
THAT the recommendations in respect of items 1, 3 and 5 be adopted.
FOR: Councillors Browne, Del Gallego, Heyde, Marr, McIntosh, Nicita, Ruddock, Tilbury and Waddell
AGAINST: Nil
For the sake of clarity, the above items are recorded in Agenda sequence.
Note: Item 6 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
Nil
Corporate Support Division
Environment and Human Services Division
Planning Division
Infrastructure and Recreation Division
PUBLIC FORUM – NON AGENDA ITEMS
Mrs Catherine Gordon, of Asquith addressed Council in respect of a development application at 62 Manor Road, Hornsby and a recent hazard reduction burn in that area.
Ms Jan Primrose, of Berowra addressed Council regarding a recent hazard reduction burn near 62 Manor Road, Hornsby.
Questions of Which Notice Has Been Given
Nil
Mayor's Notes
Notices of Motion
|
(F2004/06682) |
|
Ms Jan Primrose, of Berowra addressed Council regarding the item. Mr Ross Walker, on behalf of Beecroft Cheltenham Civic Trust addressed Council regarding this item. Mrs Patricia Brown, of Beecroft, addressed Council regarding this item.
RESOLVED ON THE MOTION OF COUNCILLOR Heyde, seconded by COUNCILLOR MCINTOSH,
That Council: 1. Acknowledge that National Parks are integral to the sustainability and viability of Hornsby Shire Council’s bushland reserves. Combined, National Parks and Council reserves provide residents and visitors with opportunities to experience interconnected walks and trails whilst providing important linkages and habitat for flora and fauna. 2. Note that the Hornsby LGA incorporates and is adjacent to large areas of National Parks, including Lane Cove National Park, Ku-ring-gai Chase National Park, Berowra Valley National Park, Marramarra National Park and Muogamarra Nature Reserve. 3. Note that National Parks have a special significance for residents of the ‘Bushland Shire’ with approximately 70% of the Shire covered in bushland. 4. Note with concern the budget, staff cuts and restructures currently taking place within the NSW National Parks and Wildlife Service (NPWS). The reduced resources places significant risk in maintaining NPWS service levels to ensure continued economic viability, visitor safety, public amenity and environmental conservation are provided to the community. 5. Call on the NSW Government to ensure NPWS service levels are continued, with adequate staff resources and funds for on-ground projects, so that high recreational and environmental standards are maintained. 6. Note that in a personal communication, the Minister has indicated to Mayor Ruddock that the North Western area of NPWS management is in line for an increase both in staff and area under NPWS management. 7. Write to the NSW Premier, The Hon. Gladys Berejiklian MP; the NSW Minister for the Environment, The Hon. Gabrielle Upton MP; the Shadow Minister for the Environment, Ms Penny Sharpe MLC; and the Greens NSW Environment Spokesperson, Dr Mehreen Faruqi MLC, expressing the concerns raised in this resolution.
FOR: Councillors Browne, Del Gallego, Heyde, Marr, McIntosh, Nicita, Ruddock, Tilbury and Waddell
AGAINST: Nil |
|
9 NOM7/18 Planning Panels – Appointment of Expert and Community Member (F2013/00295) |
|
Note: COUNCILLOR WADDELL 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 interest was stated by COUNCILLOR WADDELL on the Declaration of Interest form as “Declaration of having sat on an association committee with an appointed IHAP community representative – Tony Jones”, and the explanation of why the interest does not require further action in the circumstances was “Beyond the committee association I am not a friend or relative of the appointed representative Tony Jones. My declaration will not affect my decision making capacity”.
Mr Brian Scarsbrick, of Brooklyn addressed Council regarding this item. Mrs Diane Bowles, on behalf of Brooklyn Community Association addressed Council regarding this item. Mr Robert Arnold, on behalf of Brooklyn Community Association addressed Council regarding this item. Mr Peter Davis, of Brooklyn addressed Council regarding this item. Ms Jan Primrose, of Berowra addressed Council regarding this item.
RESOLVED ON THE MOTION OF COUNCILLOR Del Gallego, seconded by COUNCILLOR Heyde,
That Council request that the Minister for Planning and Environment replace Mr Tony Jones with Mr Brian Scarsbrick AM as the community representative for A Ward on Council’s Independent Hearing and Assessment Panel given his qualifications, experience and skills which make him an ideal candidate to represent the interests of our community.
FOR: Councillors Del Gallego, Heyde, Marr, Nicita and Tilbury
AGAINST: Councillors Browne, McIntosh, Ruddock and Waddell
Note: A Rescission Motion in respect of this item was lodged at the conclusion of the meeting. This Motion will be considered at the 9 May 2018 General Meeting. |
|
10 NOM8/18 Open IHAP Decision Making to the Public (F2013/00295) |
|
Mr Ross Walker, on behalf of Beecroft Cheltenham Civic Trust addressed Council regarding this item. Mrs Catherine Gordon, of Asquith addressed Council regarding this item.
RESOLVED ON THE MOTION OF COUNCILLOR McIntosh, seconded by COUNCILLOR Nicita,
THAT: 1. Council write to the Chair of the Hornsby Independent Hearing and Assessment Panel (IHAP), Mr Gary Fielding, requesting that consideration be given to opening the decision making section of the IHAP Meeting to the public and that the public be given the opportunity to witness the decision making process of the panel. 2. In the event that this request cannot be supported by the Chair, consideration be given to announcing the decisions of the IHAP to the public at the conclusion of their deliberations.
FOR: Councillors Browne, Heyde, Marr, McIntosh, Nicita, Ruddock and Waddell
AGAINST: Councillors Del Gallego and Tilbury |
|
11 NOM9/18 Access to Planning Information (F2009/00318) |
|
Mrs Patricia Brown, of Beecroft addressed Council regarding this item. Ms Jan Primrose, of Berowra addressed Council regarding this item. Mr Ross Walker, on behalf of the Beecroft Cheltenham Civic Trust addressed Council regarding this item.
RESOLVED ON THE MOTION OF COUNCILLOR McIntosh, seconded by COUNCILLOR BROWNE,
THAT a report be prepared for Council’s consideration at the earliest opportunity outlining improvements to how our community can access Development Applications (DA) submitted, including (but not limited to): · Who the determining body will be (IHAP; the Sydney North Planning Panel; or Council staff under delegation) · How submissions can be made · When are they due · Value of the DA · Link to the DA Plans and other publicly available information · Link to relevant HSLEP / DCP / or Masterplan · The final decision after processing of the DA has been completed · If the matter has been appealed to the Land and Environment Court
FOR: Councillors Browne, Del Gallego, Heyde, Marr, McIntosh, Nicita, Ruddock, Tilbury and Waddell
AGAINST: Nil |
Supplementary Reports
MATTERS OF URGENCY
Nil
QUESTIONS WITHOUT NOTICE
Nil
THE MEETING terminated at 9.03pm.
These Minutes were confirmed at the meeting held on Wednesday 9 May 2018, at which meeting the signature hereunder was subscribed.
CONFIRMED CHAIRMAN
______________________________________________________________________________