Agenda of General Meeting - 14 August 2019

Hornsby Shire Council Agenda and Summary of Recommendations

Page 1

AGENDA AND SUMMARY OF RECOMMENDATIONS

PRESENT

NATIONAL ANTHEM

OPENING PRAYER/S

Reverend Jojo Nkrumah Of Hornsby Uniting Church, Hornsby will open tonights 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."

Video and AUDIO RECORDING OF COUNCIL MEETING

Statement by the Chairperson:

"I advise all present that tonight's meeting is being video streamed live via Council’s website and also 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 audio and video 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 4.16 and 4.17 of Council’s Code of Conduct for Councillors 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”).

4.16 A councillor who has a 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.

4.17 The councillor 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, or

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

Clause 5.10 and 5.11 of Council’s Code of Conduct for Councillors requires that a councillor or a member of a Council committee who has a non 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”).

5.10 Significant non-pecuniary conflict of interests must be managed in one of two ways:

a) by not participating in consideration of, or decision making in relation to, the matter in which you have the significant non-pecuniary conflict of interest and the matter being allocated to another person for consideration or determination, or

b) if the significant non-pecuniary conflict of interest arises in relation to a matter under consideration at a council or committee meeting, by managing the conflict of interest as if you had a pecuniary interest in the matter by complying with clauses 4.16 and 4.17.

5.11 If you determine that you have a non-pecuniary conflict of interest in a matter that is not significant and does not require further action, when disclosing the interest you must also explain in writing why you consider that the non-pecuniary conflict of interest is not significant and does not require further action in the circumstances.

confirmation of minutes

THAT the Minutes of the General Meeting held on 24 July, 2019 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 CS25/19 Investments and Borrowings for 2018/19 - Status for Period Ending 30 June 2019 (Pre-Audit)

RECOMMENDATION

THAT the contents of Deputy General Manager’s Report No. CS25/19 be received and noted.

Page Number 4

Item 2 CS23/19 Local Government NSW - 2019 Annual Conference - Submission of Motions and Determination of Voting Delegates

RECOMMENDATION

THAT:

1. Motions dealing with; 1. Display of Written Returns of Councillors and Designated Persons on Council Websites, 2. Enhance Roads to Recovery Program Funding, 3. Differential Residential Rates, 4. Refresh Funding Approaches For Sportsgrounds, Recreational And Open Spaces and 5. Flexibility In Procurement, as detailed in Deputy General Manager’s Report No. CS23/19, be submitted for consideration at the 2019 Local Government NSW (LGNSW) Annual Conference.

2. Council determine which seven Councillors will be voting delegates for voting on motions and for the election for Office Bearers and the Board at the 2019 LGNSW Annual Conference.

3. Registrations for attendance at the 2019 LGNSW Annual Conference be confirmed for the voting delegates determined in point 2. above together with any other Councillors who will be attending the Conference as observers.

Community and Environment Division

Nil

Planning and Compliance Division

Page Number 12

Item 3 PL18/19 Draft Hornsby Local Strategic Planning Statement

RECOMMENDATION

THAT:

1. The draft Hornsby Local Strategic Planning Statement attached to Director’s Report No. PL18/19 be placed on public exhibition for period of at least 28 days in accordance with Section 3.9 of the Environmental Planning and Assessment Act 1979.

2. Following exhibition, a report on submissions be presented to Council for its consideration.

Page Number 19

Item 4 PL20/19 Draft Hornsby Section 7.12 Development Contributions Plan 2019 - 2029

RECOMMENDATION

THAT:

1. Council adopt the Draft Hornsby Section 7.12 Development Contributions Plan 2019-2029 attached to Director’s Report No. PL20/19 including amendments to the exemptions under the Plan.

2. Adoption of the Section 7.12 Development Contributions Plan be notified in local newspapers.

3. The submitter be advised of Council’s resolution.

Page Number 25

Item 5 PL21/19 Planning Proposal - Local Heritage Listing of 22 Trees at 62 Manor Road, Hornsby

RECOMMENDATION

THAT Council endorse the progression of the Planning Proposal attached to Directors Report No. PL21/19 for submission to the Department and Planning, Industry and Environment for Gateway Determination to amend the Hornsby Local Environmental Plan 2013 as follows:

a) Insert a listing for 22 trees at property No. 62 Manor Road, Hornsby in Schedule 5 Environmental Heritage.

b) Amend the Heritage Map (Sheet HER_017B) to identify a heritage item on the site of No. 62 Manor Road, Hornsby.

Page Number 32

Item 6 PL22/19 Report on Submissions - Hornsby RSL Club Planning Proposal

RECOMMENDATION

THAT:

1. Council receive and note correspondence from Hornsby RSL Club dated 30 May 2019 attached to Director’s Report No. PL22/19 withdrawing its Planning Proposal.

2. Council not proceed with the Hornsby RSL Club Planning Proposal and associated draft DCP amendments and write to the Minister to advise of this decision made under delegation.

3. Council advise of its decision in a local newspaper within 28 days, including reasons as outlined in Director’s Report No. PL22/19.

4. The Hornsby Town Centre Review Study Area be extended to include the Hornsby RSL Club land holdings at property Nos. 7-19 Ashley Street and 2-4 Webb Avenue, Hornsby identified on the map attached to Director’s Report No. PL22/19.

5. The proponent and submitters be advised of Council’s resolution.

Page Number 39

Item 7 PL19/19 Reporting Variations to Development Standards

RECOMMENDATION

THAT the contents of Director’s Report No. PL19/19 be received and noted.

Infrastructure and Major Projects Division

Nil

Confidential Items

Item 8 CS26/19 Owner Initiated Compulsory Acquisition of Land in Hornsby

This report should be dealt with in confidential session, under Section 10A (2) (b) (g) of the Local Government Act, 1993. This report relates to the personal hardship of a resident or ratepayer; AND contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege. (The subject of this report is an Owner Inititiated Aquistion on the grounds of personal financial hardship. This report and its attachments contain personal and financial information that if disclosed may comprimise the financial privacy of the applicant. )

PUBLIC FORUM – NON AGENDA ITEMS

Questions with Notice

Mayor's Notes

Page Number 42

Item 9 MN7/19 Mayors Notes from 01 July to 31 July 2019

Notices of Motion

Page Number 43

Item 10 NOM10/19 Lease Arrangements For Preschools

COUNCILLOR Del Gallego To Move

THAT an informal workshop be held to provide Councillors with information regarding the lease arrangements for preschools that are Council tenants.

Page Number 44

Item 11 NOM11/19 10/50 Vegetation Clearing Scheme

COUNCILLOR Heyde To Move

THAT Council write to the Minister for Emergency Services, the Minister for the Environment, Shadow Minister for Environment and Heritage, Shadow Minister for Emergency Services, NSW Greens Spokesperson for the Environment and local Members of Parliament calling for the Hornsby Local Government Area to be exempted from the provisions of the 10/50 vegetation clearing scheme.

SUPPLEMENTARY AGENDA

MATTERS OF URGENCY

Deputy General Manager's Report No. CS25/19

Corporate Support Division

Date of Meeting: 14/08/2019

1 INVESTMENTS AND BORROWINGS FOR 2018/19 - STATUS FOR PERIOD ENDING 30 JUNE 2019 (PRE-AUDIT)

EXECUTIVE SUMMARY

· This Report provides details of Council’s investment performance for the period ending 30 June 2019 as well as the extent of its borrowings at the end of the same period.

· Council invests funds that are not, for the time being, required for any other purpose. The investments must be in accordance with relevant legislative requirements and Council’s policies and the Chief Financial Officer must report monthly to Council on the details of funds invested.

· All of Council’s investments have been made in accordance with the Local Government Act, the Local Government (General) Regulation and Council's Investment of Surplus Funds Policy and Investment Strategy.

· In respect of Council’s cash and term deposit investments, the portfolio achieved an annualised return for June 2019 of 3.64% which includes yields from unrealised gain from TCorp and Floating Rate Notes

· There is a 2018/19 financial year to date return of 2.92%. This relates to accumulated interest income of $8,263,225 which includes an unrealised gain of $716,105 from TCorp Managed Funds and $109,650 from Floating Rate Notes

RECOMMENDATION

THAT the contents of Deputy General Manager’s Report No. CS25/19 be received and noted.

PURPOSE

The purpose of this Report is to advise Council of funds invested in accordance with Section 625 of the Local Government Act; to provide details as required by Clause 212(1) of the Local Government (General) Regulation and Council's Investment of Surplus Funds Policy; and to advise on the extent of Council’s current borrowings.

BACKGROUND

Legislation requires that a report be submitted for Council’s consideration each month detailing Council's investments and borrowings and highlighting the monthly and year to date performance of the investments. Initial investments and reallocation of funds are made, where appropriate, after consultation with Council's financial investment adviser and fund managers.

DISCUSSION

Council invests funds which are not, for the time being, required for any other purpose. Such investment must be in accordance with relevant legislative requirements and Council Policies, and the Chief Financial Officer must report monthly to Council on the details of the funds invested.

Council’s investment performance for the month ending 30 June 2019 is detailed in the attached document. In summary, the portfolio achieved an annualised return for June 2019 of 2.92% which relates to interest income of $531,275 and an unrealised gain of $716,105 from TCorp Managed Funds and $109,650 from Floating Rate Notes which were taken up at the end of the financial year. Year to date accumulated interest income of $8,263,225 includes the unrealised gain of $825,755 as mentioned above.

In respect of Council borrowings, the weighted average interest rate payable on outstanding loans taken out from June 2009 to date, based on the principal balances outstanding is 6.56%. The Borrowings Schedule as at 30 June 2019 is also attached for Council’s information.

At the Council meeting held on 24 July 2019, there was discussion about whether the monthly investment report could be expanded to include reporting on the percentage of Council’s portfolio that is invested with non-fossil fuel lending financial institutions. A review in line with that discussion has occurred and has resulted in this report incorporating the requested information. Such information will continue to be included in future monthly investment reports.

Investment Strategy

A review of Council’s investment strategy has been undertaken by Council’s Investment Advisors and staff due to changes in market conditions. Some minor amendments have been made that in respect to the maximum holding limit in credit rating categories for financial institutions.

The changes include an increase in holdings from 30 to 40 percent in the A+ to A- category and an increase from 15 to 30 percent in the BBB+ and BBB total category. Changes were also made to the performance benchmark for T Corp Medium- and Long-Term Growth Funds based on more updated information pertaining to these investments.

The Revised Investment Strategy as at July 2019 is also attached for Council’s information.

BUDGET

Budgeted investment income for 2018/19 is $7,379,500 with an average budgeted monthly income of $614,958. Investment income for the year ended 30 June 2019 was $8,623,225.

Approximately 26% of the investment income received by Council relates to externally restricted funds (e.g. Section 7.11 and Section 7.12 development contribution funds) and is required to be allocated to those funds. All investments have been made in accordance with the Local Government Act, the Local Government (General) Regulation and Council's Investment of Surplus Funds Policy and Investment Strategy.

CONCLUSION

The investment of Council funds and the extent of its borrowings as at 30 June 2019 are detailed in the documents attached to this Report. Council’s consideration of the Report and its attachments ensures that the relevant legislative requirements and Council protocols have been met in respect of those investments and borrowings.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Acting Chief Financial Officer – Duncan Chell - who can be contacted on 9847 6822.

Duncan Chell

Corporate Accounting Manager - Corporate Reporting

Corporate Support Division

Glen Magus

Acting Deputy General Manager - Corporate Support

Corporate Support Division

Attachments:

1.⇨	HSC Investment Summary Report Jun 2019
2.⇨	HSC Borrowings Schedule 30 Jun 2019
3.⇨	Investment Strategy - JULY 2019

File Reference: F2004/06987-02

Document Number: D07710474

Deputy General Manager's Report No. CS23/19

Corporate Support Division

Date of Meeting: 14/08/2019

LOCAL GOVERNMENT NSW - 2019 ANNUAL CONFERENCE - SUBMISSION OF MOTIONS AND DETERMINATION OF VOTING DELEGATES

EXECUTIVE SUMMARY

· The 2019 Annual Conference of Local Government NSW (LGNSW) will be held at The William Inglis Hotel, Warwick Farm from Monday 14 to Wednesday 16 October 2019. The Conference provides the opportunity for Council delegates to network and be involved in discussions and consideration of motions about matters which affect local government across NSW. This year’s Conference is also a LGNSW election year, there will be two types of voting - one associated with the election of LGNSW Office Bearers and the Board; the other with voting at Conference Business Sessions when motions are debated.

· In considering the submission of motion/s by Council, regard has been given to resolutions made by Council over the past 12 months, discussions between Councillors and members of the Executive Committee (ExCo), discussions at NSROC and recommendations emanating from ExCo members in respect of matters for which their Divisions are responsible. Based on the feedback received, it is proposed that five motions be submitted by Council for consideration at the Conference.

· Council is entitled to seven voting delegates at the 2019 Conference for voting on motions and for the election of Office Bearers and the Board. As a consequence, Council will need to determine by resolution which Councillors will be voting delegates, noting that other Councillors are entitled to attend as observers at the Conference and which will be observers.

RECOMMENDATION

THAT:

2. Council determine which seven Councillors will be voting delegates for voting on motions and for the election for Office Bearers and the Board at the 2019 LGNSW Annual Conference.

PURPOSE

The purpose of this Report is to provide an opportunity for Council to submit matters for consideration and debate at the 2019 LGNSW Annual Conference and for Council to determine its voting delegates for the Conference.

BACKGROUND

The 2019 LGNSW Annual Conference is to be held at The William Inglis Hotel, Warwick Farm from Monday 14 to Wednesday 16 October 2019. The Conference provides the opportunity for Council delegates to network and be involved in discussions and consideration of motions about matters which affect local government across NSW.

Councils have recently been invited to submit motions for consideration at the Annual Conference. Motions proposed by councils will be grouped under one of the seven categories:

1. Economic.

2. Infrastructure.

3. Planning.

4. Environment.

5. Social and Community.

6. Governance of Councils.

7. Accountability of Councils.

And will be included in the Conference Business Paper where the LGNSW Board determines that the motions:

1. Are consistent with the objects of the Association (see Rule 4 of the Association’s rules1).

2. Relate to Local Government in NSW and/or across Australia.

3. Concern or are likely to concern Local Government as a sector.

4. Seek to advance the Local Government policy agenda of the Association and/or improve governance of the Association.

5. Have a lawful purpose (a motion does not have a lawful purpose if its implementation would require or encourage non-compliance with prevailing laws).

6. Are clearly worded and unambiguous in nature.

7. Do not express preference for one or several members over one or several other members.

Motions which do not advance the local government policy agenda will not be included in the Business Paper. Therefore, a motion will not be included if it is operational, rather than strategic; a matter which could be actioned by LGNSW without going to Conference; not local government business; focused on a local issue only, or if the motion is consistent with longstanding actions of LGNSW.

Motions for the 2019 Conference are to be submitted online and must include the following details:

· Motion category.

· Title.

· Motion (a sentence or two which states the issue and the call to action).

· Background note (a paragraph or two to explain the context and importance of the issue to the local government sector).

· Indicate if the motion conflicts with one or more of the Fundamental Principles.

· Evidence of council support for the motion.

Fundamental Principles Conflict

Fundamental Principles are the overarching principles that direct LGNSW’s response to broad matters of importance to the local government sector. These Fundamental Principles are endorsed (or amended) by LGNSW members at the Annual Conference. Motions submitted to the 2019 Conference are to indicate whether the motion conflicts with any of LGNSW’s Fundamental Principles.

DISCUSSION

Motions

In considering the development of draft motion/s, regard has been given to resolutions made by Council over the past 12 months, discussions between Councillors and members of the Executive Committee (ExCo), discussions at NSROC and recommendations emanating from ExCo members in respect of matters for which their Divisions are responsible. Based on the feedback received, it is proposed that the following five motions be submitted by Council for consideration at the 2019 Annual Conference:

Motion 1.

Category: Governance of Councils

Title: Display of Written Returns of Councillors and Designated Persons on Council Websites

Motion Wording

THAT LGNSW make representation to the Information and Privacy Commission (IPC) objecting to the IPC’s proposed amendment to its Guideline 1 which will require councils to disclose the Written Returns of Designated Persons on their websites and propose that the current practice of Returns being available upon request be maintained.

Background

The Returns of Councillors and Designated Persons are classified as Open Access Information under the Government Information (Public Access) (GIPA) Act, meaning they must be readily availability to members of the public free of charge. Currently, a common practice amongst councils is to provide access to the Returns in a timely manner as and when a request to view a Return is received.

Recent advice from the IPC proposes to amend their Guideline in respect of the accessibility of the Returns such that councils would be required to publish the Returns on their website. This proposal is considered inappropriate, and should be countered, for the following reasons:

· The previous version of Guideline 1, i.e. requiring access to the Returns at a Council office and/or on request, but not on a Council’s website, has, in Council’s view, historically operated very satisfactorily. There appears to be no compelling reason to change the approach.

· The protection of privacy and the significant amount of personal information contained within the Returns must be given thorough consideration and full and proper protection as is the right of every individual, in accordance with the Privacy and Personal Information Protection Act (PPIPA). Although provision is made for the redaction of personal information prior to exhibition on a council’s website, to do so for each single Return (as would necessarily be required) would:

a) Require an unreasonable allocation of council’s staff resources.

b) Result in essentially meaningless Returns being published on the internet.

c) Result in confusion, as each Return would need to have two versions stored in Council’s records management systems.

· The availability of the personal information contained within the Returns to such broad scrutiny, and potential fishing expeditions, personal vendetta and identity theft via the broad medium of Google search, in order to “facilitate” the minimal number of genuine requests received, would appear to be unbalanced and a misrepresentation of the needs of the public majority. It would also appear to be inconsistent with the purposes for such information being collected by local councils – which is to promote openness and accountability for those involved in decision making processes on local issues.

It is noted that a joint submission from the Local Government Professionals Australia (LGPA) NSW Governance Network Group members opposing the amended Guideline has been forwarded to the IPC. Hornsby Council had input to such submission.

This motion does not conflict with LGNSW’s Fundamental Principles.

Motion 2.

Category: Infrastructure

Title: Enhance Roads to Recovery Program Funding

Motion Wording

THAT LGNSW lobby the NSW Government to advocate that the Federal Government increase the Roads to Recovery Program funding for NSW and the States; and enhance its funding formula to better reflect the projected population growth.

Background

The Federal Roads to Recovery Program supports the maintenance of the local road infrastructure. Roads to Recovery Program allocations for the councils in each jurisdiction (except the ACT) have been determined on the basis of the recommendations of the Local Government Grants Commissions in each state and the Northern Territory for the roads component of the Financial Assistance Grants. Under the Roads to Recovery Program, direct funding to local councils is distributed according to a formula based on population and road length set by the Local Government Grants Commissions in each state and the Northern Territory. Each council's Roads to Recovery allocation is fixed for the life of the Program. Untied grants for local roads are part of annual financial assistance grants to councils.

As growth is projected and expected, this will impact on local road infrastructure. Funding formula to better reflect the projected growth and increase in funding will enable councils to plan and prepare for growth.

This motion does not conflict with LGNSW’s Fundamental Principles.

Motion 3.

Category: Economic

Title: Differential Residential Rates

Motion Wording

THAT LGNSW advocate that the NSW Government provide councils with more flexibility to set differential residential rates in their local area and differential rating categories for higher density residential zones, including the establishment of:

· New rating category for multi-unit apartments.

· Different residential rates for low density, strata titled medium and high-density housing.

Background:

Giving councils more flexibility to set differential residential rates within their local area will allow residential rates for low density and strata titled medium or high-density housing to more equitably align with demand for local government services with the actual rates charged and capacity to pay. The current valuation of multi-units for rating is not equitable or sustainable. Councils’ ability to implement sustainable and equitable fiscal policy has to be enhanced in the context of increasing housing targets and population growth. The Independent Local Government Review Panel (Revitalising Local Government, October 2013) found owners of apartments worth millions of dollars pay less in rates and all or most owners of apartments may pay the same minimum council rate irrespective of their differing property market value.

IPART’s Report (Review of the Local Government Rating System, 2016) proposed that councils should have the option to set different residential rates within their local areas in order that they could consider differences in access to, demand for, and the cost of, providing services across their residential ratepayer base. Allowing councils to set different residential rates is consistent with practices in other jurisdictions. For example, councils in Queensland can determine different residential rates based on land use, access to or consumption of council services. If a person lives in a townhouse or unit complex, the council in Queensland will levy their general or differential general rate on the portion of the valuation allocated according to their interest schedule of lot entitlement or, alternatively, may be charged the minimum general rate set by council. A council may levy a different rate in the dollar for each category.

This motion does not conflict with LGNSW’s Fundamental Principles.

Motion 4.

Category: Social and Community

Title: Refresh Funding Approaches for Sportsgrounds, Recreational And Open Spaces

Motion Wording

THAT LGNSW request the NSW Government to deliver refreshed funding approaches for sportsgrounds, sports facilities, recreational and open spaces, including:

· Ongoing annual funding program which may involve a new regional funding approach for the metropolitan councils such as a new Regional Sports and Recreation Foundation or other coordinated regional funding mechanisms for metropolitan councils on a distinct-regional or district level basis rather than one-off grants on an individual council-basis.

· Returning a proportion of the State’s Special Infrastructure Contributions or the regional open space fund to the regions where they have been collected.

· A State specific acquisition fund to acquire land for sportsgrounds and open spaces.

Background

The NSROC Regional Sportsground Strategy Review Final Report (December 2017), for the first time, quantified the gap between demand and supply of sportsgrounds and how the gap will grow as population expands. By 2026, just the NSROC region alone will need an extra supply of 26% (or about 78 fields); by 2036, an additional supply of 40% will be required (or about 120 fields). All levels of government are supporting increased participation targets - NSW Office of Sport’s Strategic Plan has a target of 65% of the adult population participating in regular physical activity by 2025 and 30% of children participating in regular physical activity outside of school by 2020. Increased housing density intensifies the need to access open spaces and sportsgrounds.

Councils’ financial means of acquiring land for more diverse recreation activities are restricted given that availability and access to large suitable areas of land is becoming rarer and driving up prices. A regional or district-based funding approach, on an annual ongoing basis, rather than one-off grants on individual council-basis, would assist councils’ endeavours (including metropolitan regions where land is scarce), and help to deliver sportsgrounds, recreational and open spaces where communities travel beyond local government boundaries to participate in sports and visit recreational parks.

This motion does not conflict with LGNSW’s Fundamental Principles.

Motion 5.

Category: Economic

Title: Flexibility In Procurement

Motion Wording

THAT LGNSW request the NSW Government to introduce greater flexibility in procurement for local councils and with similar provisions as those available for State government agencies and the Small and Medium Enterprises (SMEs) Procurement Innovation Stream, including:

· For Small and Medium Enterprises (SMEs), the Procurement Innovation Stream upper limit – change from $250,000 to $1 million.

· For proof of concept or outcomes-based trials, engagement of suppliers (SMEs) through direct negotiation on short term contracts valued up to the set procurement innovation stream limit. Once a trial is complete, a competitive tender process takes place.

· Tender threshold for local government of $250,000 be raised by introducing bands according to council’s organisation scale, such as:

o Councils with budget under $25 million = tender threshold of $250,000.

o Councils with budget of $25 million to $50 million = $500,000 and so forth.

o Up to the highest maximum threshold comparable to the State Government.

Background

The NSW Local Government (General) Regulation 2005 - Part 7 Tendering sets out the requirements for tendering. This Part applies to all contracts for which a council is required to invite tenders (section 55 of the NSW Local Government Act 1993). Councils are required to take the Tendering Guidelines for NSW Local Government (October 2009) into consideration before exercising any of their functions.

Existing procurement procedures may not accommodate well to contemporary practices of certain initiatives, products and services such as: the trialling or piloting of digital products or platforms for a fixed or short term; the selection of the best product from demonstration products trialled on a fixed short-term basis; entering into partnerships and hackathons. Local councils could be provided with similar flexible procurement options as provided for state government agencies under the Public Works and Procurement Act 1912 and the Accreditation Program for Goods and Services Procurement and the Small Medium Enterprises (SMEs) Procurement Innovation Scheme.

This motion does not conflict with LGNSW’s Fundamental Principles.

__________________________

Voting Delegates

At this year’s Conference there will be two types of voting – voting on motions at Conference Business Sessions and voting in the election for Office Bearers and the Board (Board election). In this regard, LGNSW have advised that Hornsby Shire Council is entitled to seven voting delegates for both Motions and Election of the Board. Council is required to nominate the names of their voting delegates. It is noted that Councillors not nominated as voting delegates are still entitled to attend the Conference as observers.

BUDGET

Funds have been allocated in the 2019/20 budget for attendance by Councillors and relevant staff at the 2019 LGNSW Annual Conference.

POLICY

Councillor attendance at the 2019 LGNSW Annual Conference is in accordance with the Councillors' Expenses and Facilities Policy.

CONCLUSION

The 2019 LGNSW Annual Conference provides the opportunity for Council delegates to network and be involved in discussions and consideration of motions about matters which affect local government across NSW. In this regard, motions dealing with; 1. Display of Written Returns of Councillors and Designated Persons on Council Websites 2. Enhance Roads to Recovery Program Funding, 3. Differential Residential Rates, 4. Refresh Funding Approaches for Sportsgrounds, Recreational and Open Spaces and 5. Flexibility In Procurement, are proposed to be submitted by Council for consideration at the Conference. As LGNSW has advised that Council is entitled to seven voting delegates at the 2019 Conference for voting on motions and the Board election, Council is required to determine which Councillors are to be formally nominated as Council’s voting delegates at the Conference.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Manager Governance and Customer Service – Robyn Abicair, who can be contacted on 9847 6608.

Robyn Abicair

Manager - Governance and Customer Service

Corporate Support Division

Glen Magus

Acting Deputy General Manager - Corporate Support

Corporate Support Division

Attachments:

There are no attachments for this report.

File Reference: F2019/00184

Document Number: D07698427

Director's Report No. PL18/19

Planning and Compliance Division

Date of Meeting: 14/08/2019

3 DRAFT HORNSBY LOCAL STRATEGIC PLANNING STATEMENT

EXECUTIVE SUMMARY

· In March 2018, the North District Plan was released by the Greater Sydney Commission which provides a 20-year plan to manage growth while enhancing the liveability, sustainability and productivity of the North District.

· Legislative changes were made to the Environmental Planning and Assessment Act 1979 (EP&A Act) requiring all councils to update their Local Environmental Plans (LEPs) within 3 years to align with the priorities of the North District Plan and to prepare a Local Strategic Planning Statement (LSPS).

· At its meeting on 10 October 2018, Council endorsed the commencement of several technical studies under the (then) Department of Planning and Environment’s Accelerated LEP Review Program. Under the Program, Council received $2.5m (paid in instalments) to complete a range of technical studies and to prepare an update to the Hornsby Local Environmental Plan 2013 within an accelerated timeframe of 2 years (30 June 2020).

· The LEP Review technical studies are at various points of completion and will inform future amendments to Council’s planning instruments.

· A draft Hornsby LSPS (attached) has been prepared to reflect Council’s current policy position on growth and change within the local government area and the community’s priorities as outlined in the Hornsby Community Strategic Plan.

RECOMMENDATION

THAT:

2. Following exhibition, a report on submissions be presented to Council for its consideration.

PURPOSE

The purpose of this Report is to seek Council’s endorsement of the draft Hornsby LSPS for public exhibition.

BACKGROUND

At its meeting on 10 October 2018, Council considered Executive Manager’s Report No. PL28/18 and resolved that:

1. Council endorse the Local Environmental Plan (LEP) Review Report and Accelerated LEP Review Program attached to Group Manager’s Report No. PL28/18 for submission to the Department of Planning and Environment to meet the first project deliverable under the Accelerated LEP Review Funding Agreement.

2. Council acknowledge that local traffic, parking and access issues are often the cause for great community concern whenever LEP’s are reviewed. To address this, traffic and parking be highlighted as they relate to the Housing, Employment and Economic Development, Rural Lands and Hornsby Town Centre Projects on the LEP Review Program.

3. A Council micro web site be set up to encourage participation by our community in the Accelerated LEP Review Program, providing a site where online "Have your Say" consultations can be hosted and background documents, consultation events and review schedules can be shared via one location.

In accordance with the above, the LEP Review Report and Accelerated LEP Review Program were forwarded to the Department. Consultant briefs for each study were prepared and included requirements to consider traffic and parking as relevant to the studies. The ‘Future Hornsby’ micro website was launched in March 2019.

DISCUSSION

Local Strategic Planning Statement

The LSPS sets out a 20-year vision for land use in the local area, the special characteristics which contribute to local identity, shared community values to be maintained and how growth and change will be managed into the future.

Section 3.9 of the Environmental Planning and Assessment Act 1979 (EP&A Act) requires councils to prepare and make a LSPS, which is to be reviewed at least every seven years. The EP&A Act requires the LSPS to include the following information:

· The basis for strategic planning in the area, having regard to economic, social and environmental matters.

· The planning priorities for the area that are consistent with any strategic plan applying to the area and any applicable community strategic plan.

· The actions required for achieving those planning priorities.

· The basis on which the council is to monitor and report on the implementation of those actions.

The draft Hornsby LSPS aligns with the key themes of the North District Plan and Hornsby Community Strategic Plan ‘Your Vision Your Future 2018-2028’.

The document provides a high-level understanding of the key issues, community priorities and current policy position on land use planning matters under the themes of Liveable, Sustainable, Productive and Collaborative and is structured as follows:

1. About the LSPS – This section describes the purpose, structure and content of the LSPS.

2. Hornsby Now – This section provides a summary of Hornsby’s history with regard to original inhabitants, heritage and settlement and an understanding of our people, place, environment and economy today.

3. Future Hornsby – This section provides a summary of Hornsby’s expected total population growth and demographic changes over the next 20-years.

4. Our Vision – The vision is the current Value Statement, Action Statement and acknowledgement of external impacts in Council’s Community Strategic Plan ‘Your Vision, Your Future 2018-2028’ as informed by our community.

5. Our Key Priorities and Actions - A number of different local priorities and actions are identified throughout the draft Hornsby LSPS. This section provides a summary of the key strategic planning priorities and actions for the short term, informed by priorities idenitfied through our Community Strategic Plan ‘Your Vision, Your Future 2018-2028’.

Key Priorities:

1. Expanding our tree canopy cover to enhance the environmental qualities and character of the bushland shire.

2. Protecting the character of our low density neighbourhoods.

3. Improving the quality of architectural design of new development.

4. Protecting, conserving and promoting our natural, built and cultural heritage.

5. Revitalising the Hornsby Town Centre.

6. Protecting and enhancing the environmental value and economic productivity of the Metroplitan Rural Lands in the Shire.

7. Supporting sustainable economic growth based on the Shire’s built and natural assets, infrastructure and locational advantages.

8. Building our resilience to natural hazards, including bushfire risk, flooding and climate change.

Key Actions:

1. Concentrate future housing provision in our Major Strategic Centre.

2. Finalise the Hornsby Town Centre Review.

3. Undertake the tasks to complete the Hornsby Comprehensive Heritage Study.

4. Finalise the Environmental Sustainability Strategy and supporting strategies.

5. Finalise the Economic Development and Tourism Strategy.

6. Finalise the Play Plan.

7. Finalise the Walking and Cycling Strategy.

8. Finalise the Housing Strategy update.

9. Finalise the Community and Cultural Facilities Plan update.

10. Finalise the Hornsby Rural Lands Study.

11. Prepare and adopt a design excellence Planning Proposal and submit to the Department of Planning, Industry and Environment for a Gateway Determination.

The above priorities and actions reflect the substantial strategic work currently in progress and nearing completion under the Accelerated LEP Review (see further discussion below).

6. Liveable – This section describes the current context, key community values and vision relating to the liveability of Hornsby with a focus on our housing, public spaces, heritage and local infrastructure, followed by liveable priorities and actions.

7. Sustainable – This section describes the current context, key community values and vision relating to the sustainability of Hornsby with a focus on our response to climate change, urban heat, urban forest, biodiversity, waterways and rural areas, followed by sustainable priorities and actions.

8. Productive – This section describes the current context, key community values and vision relating to the productivity of Hornsby with a focus on our jobs and employment lands, economic development, centres, and transport and connectivity, followed by productive priorities and actions.

9. Collaborative – This section identifies the key points of collaboration with our community, key stakeholders and State Government on current and future projects and ongoing strategic planning work.

10. Implementation – This section outlines the program for delivery and completion of our identified Liveable, Sustainable, Productive and Collaborative priorities and actions.

Accelerated Local Environmental Plan Review

Council has committed to a comprehensive review of a number of technical studies under the Accelerated LEP Review Program. Council has entered into a funding agreement with the Department of Planning, Industry and Environment which provides $2.5m towards the following projects:

Study	Supporting Studies
1. Environmental Sustainability Strategy	· Urban Heat Mapping · Climate Change Adaptation Plan · Urban Forest Strategy · Water Sensitive Hornsby · Biodiversity Conservation Management Plan
2. Comprehensive Heritage Review	· Heritage Action Plan
3. Community and Cultural Facilties Strategic Plan
4. Hornsby Town Centre Review
5. Local Housing Strategy	· Affordable Housing Discussion Paper · Child Care Centres Demand Review · Seniors Housing Demand Review · Medium Density Housing Demand Review
6. Active Living Strategy	· Play Plan · Walking and Cycling Strategy
7. Rural Lands Study
8. Economic Development and Tourism Strategy.	· Employment Land Use Study

The majority of projects under the Accelerated LEP Review are in progress or nearing completion. However, the LSPS is required to be exhibited before 1 October 2019. Therefore, the draft Hornsby LSPS (attached) provides the current background, local policy context, community priorities and actions that the above studies be completed.

Review and update of the LSPS

Councils are required exhibit a draft LSPS by 1 October 2019 and finalise the LSPS by 31 March 2020.

The technical studies under the Accelerated LEP Review are at various points of completion with the majority expected to be finalised in the coming months. Council will be presented with draft studies and recommendations for feedback and refinement. Once the technical studies are finalised, the Council adopted priorities and actions will be incorporated into a final LSPS. Any outstanding studies will inform future amendments to the LSPS.

The EP&A Act requires the LSPS to be updated every seven years, however, it is expected that the LSPS will be updated on a more regular basis to align with the preparation of new Community Strategic Plans every three years and following the finalisation of major strategic studies. Amended LSPS’s will be publicly exhibited.

CONSULTATION

Internal

An LEP Review Project Control Group (PCG) was formed comprising staff across the organisation with project management responsibilities for the different study areas. The PCG has been meeting on a fortnightly basis since October 2018 and continues to work towards the completion of the Accelerated LEP Review technical studies.

Council’s Executive Committee receives monthly project updates from the PCG and continues to provide project direction on both the draft LSPS and the technical studies which are currently underway.

On 7 May 2019, a Councillor workshop was held to provide an update on the drafting of the Local Strategic Planning Statement and the progress of each Accelerated LEP Review project. Council staff presented:

· A summary of the status and next steps for each Accelerated LEP Review project.

· The structure and priorities of the draft Local Strategic Planning Statement for discussion and Councillor input.

· The priority matters from Accelerated LEP projects for Councillor input into what should be discussed with the community during the public exhibition period.

On 21 May 2019, a second Councillor workshop was held to seek Councillor feedback on the working draft of the Hornsby Local Strategic Planning Statement.

External

Council is required to place the draft Hornsby LSPS on public exhibition for a minimum period of 28 days. Council has engaged a specialist consultant to prepare a Stakeholder Engagement Plan and to coordinate all engagement activity.

To establish a thorough understanding of the context for engagement on the draft Hornsby LSPS and technical studies, consultation has been undertaken with the LEP Review PCG (internal), consultants responsible for the preparation of the technical studies, and Councillors.

The LSPS Stakeholder Engagement Plan (attached) aims to facilitate effective and meaningful engagement on the draft Hornsby LSPS to the broadest cross section of the Hornsby Shire community. It includes Council’s directive to take a bold approach, achieve diversity in the consultation process and develop an engagement methodology that initiates a motivated response while considering the potential for ‘engagement fatigue’ within the community.

The LSPS exhibition period will be promoted via advertisements in the local papers, online via Council’s various social media platforms and through brochures that explain what the LSPS is and where it can be viewed, outline the actions from the LSPS and identify how the public can get involved and provide feedback and submissions.

In addition, the following key events are scheduled for the public exhibition period:

· August/September – Community Conversations and Pop Up promotions at locations throughout the Shire: to promote the Future Hornsby (LSPS) and engagement events and gain initial input into the vision and aspirations for diverse future land use in Hornsby Shire.

· August - Future Living Summit at Event Cinemas Hornsby: from a global outlook on the changing nature and trends in how we live, work and play, the Summit will start a conversation with the community about future aspirations for managing natural and built environments in Hornsby and gain feedback on the identified priorities in the LSPS (LSPS vision and priorities for land use). Keynote presentation from Dr Karl Kruszelnicki, followed by a panel session with three Sydney thought leaders.

· September - Youth Forum at Hornsby Park: to test the draft vision and priorities in the LSPS, to provide a Declaration from Next Generation on what action they want to see in planning so that they can have a better future.

· September - Community Workshop on the Brooklyn Riverboat Postman: to understand the nature of change and what we can learn from the past to set parameters for planning into the future with respect to the identified draft vision and priorities of the LSPS. The workshop will also reflect on key outcomes from the previous engagement and seek feedback on identified community aspirations so far.

These events will be promoted through the Future Hornsby website, email, social and traditional media. For the duration of the engagement period, residents who are unable to attend an event will have the opportunity to join the conversation on Council’s website, and ‘Future Hornsby’ microsite.

The Stakeholder Engagement Plan provides Council with a framework to ensure that consultation and engagement with the community on the draft Hornsby LSPS is both effective and convenient. The Plan allows the community and stakeholders to know what to expect from the engagement processes and how they can provide input, feedback, advice and ideas on the draft Hornsby LSPS.

BUDGET

There are no budgetary implications associated with this Report. The costs associated with the exhibition of the draft Hornsby LSPS are covered under the Accelerated LEP Review funding.

POLICY

Sections 3.8 (4) and 3.9 of the EP&A Act require the review of the HLEP 2013 and the preparation of a LSPS to give effect to the North District Plan. Participation in the Accelerated LEP Review Program requires delivery of the work within two years at minimal financial cost to Council.

CONCLUSION

The attached draft Hornsby LSPS has been prepared to reflect Council’s current policy position and the community’s priorities as outlined in the Hornsby Community Strategic Plan. The key priorities and actions primarily focus on the finalisation of the strategic work currently in progress.

The public exhibition period will provide a unique opportunity for effective and meaningful engagement on the draft Hornsby LSPS. In this regard, the Stakeholder Engagement Plan identifies several events designed to capture broad feedback from a large cross section of the community.

It is anticipated that the final version of the LSPS will be amended in response to feedback received throughout the public exhibition period and in response to Accelerated LEP Review technical studies as they are finalised and adopted by Council.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Manager - Strategic Planning - Katherine Vickery - who can be contacted on 9847 6744.

Katherine Vickery

Manager - Strategic Landuse Planning

Planning and Compliance Division

James Farrington

Director - Planning and Compliance

Planning and Compliance Division

Attachments:

1.⇨	Draft Hornsby Local Strategic Planning Statement
2.⇨	Future Hornsby - Stakeholder Engagement Plan

File Reference: F2018/00162

Document Number: D07677097

Director's Report No. PL20/19

Planning and Compliance Division

Date of Meeting: 14/08/2019

4 DRAFT HORNSBY SECTION 7.12 DEVELOPMENT CONTRIBUTIONS PLAN 2019 - 2029

EXECUTIVE SUMMARY

· The Draft Hornsby Section 7.12 Development Contributions Plan 2019-2029 was placed on public exhibition from 4 April 2019 to 6 May 2019.

· The Draft Plan includes a new works program for the period 2019-2029 based on the revised local government area boundary following the transfer of lands south of the M2 motorway to the City of Parramatta Council.

· One submission was received on the exhibited Plan from the Police Citizens Youth Clubs NSW (PCYC), a registered not-for-profit charitable organisation, regarding development contributions levied on developments that are for a public purpose which generate a material public benefit.

· The issues raised in the submission have been reviewed by DFP Planning, a consultant team engaged to assist Council in preparing the draft Plan. In accordance with the consultant’s advice, it is recommended that the Contributions Plan be amended to:

a) exempt development contributions for applications made by, or on behalf of, Council for community infrastructure.

b) exempt development contributions for applications made by registered not-for-profit charitable organisations.

c) enable other applications to include a request for an exemption or alternative payment to development contributions by entering into a planning agreement in accordance with Council’s Policy for Planning Agreements.

· It is recommended that Council adopted the amended Draft Hornsby Section 7.12 Development Contributions Plan 2019-2029 attached to this report.

RECOMMENDATION

THAT:

1. Council adopt the Draft Hornsby Section 7.12 Development Contributions Plan 2019-2029 attached to Director’s Report No. PL20/19 including amendments to the exemptions under the Plan.

2. Adoption of the Section 7.12 Development Contributions Plan be notified in local newspapers.

3. The submitter be advised of Council’s resolution.

PURPOSE

The purpose of this Report is to advise Council of the issues raised in the submission in response to the public exhibition of the Draft Hornsby Section 7.12 Development Contributions Plan 2019-2029 and present a revised Plan for adoption by Council.

BACKGROUND

At its meeting on 13 March 2019, Council considered Group Manager’s Report No. PL2/19 presenting a draft Hornsby Section 7.12 Development Contributions Plan with a new works program for the period 2019-2029 based on the revised local government area boundary following the transfer of lands south of the M2 motorway to the City of Parramatta Council. Council resolved that:

2. Council exhibit the Draft Hornsby Section 7.12 Development Contributions Plan 2019-2029 for a period of 28 days in accordance with Clause 26 of the Environmental Planning and Assessment Regulation 2000.

3. Following the exhibition, a report on submissions be presented to Council.

In accordance with Council’s resolution, the Draft Hornsby Section 7.12 Development Contributions Plan 2019-2029 was exhibited from 4 April 2019 to 6 May 2019. One submission was received from the PCYC.

DISCUSSION

The issues raised in the submission by the PCYC have been reviewed by DFP Planning, the consultant assisting Council in the preparation of the Plan and are addressed in this report.

PCYC submission

By way of background, on 4 November 2015, the Sydney West Joint Regional Planning Panel granted development consent to a development application (DA/849/2015) for demolition of the existing tennis court complex and construction of a new indoor recreation facility, including car parking, over part of the land at 1 Park Lane, Waitara.

Condition 4 of the consent requires a monetary development contribution in accordance with the Hornsby Shire Council Section 94A Plan 2012-2021. Section 94A (now known as Section 7.12) of the Environmental Planning and Assessment Act 1979 allows councils to impose a levy based on a percentage of the proposed cost of carrying out development. The contribution can only be authorised under a Contributions Plan. Unlike Section 7.11 levies, a Section 7.12 levy does not need to demonstrate a direct nexus between the works to be funded and the development to be levied.

The PCYC submission notes that it is common practice for councils to exempt certain developments from monetary contributions where a net public benefit is provided. It is suggested that some common exemptions include social housing, places of worship, and community facilities by not-for-profit charitable entities. The submission comments that the substantial public good that is represented by the PCYC facility is a typical example of the type of developments that are ordinarily granted contribution exemptions by councils. However, the submission notes that the Draft Plan does not include appropriate exemptions for developments which serve a public purpose.

DFP Planning review of the PCYC submission

DFP Planning considered various information relevant to the submission, including the Environmental Planning and Assessment Act 1979, the Environmental Planning and Assessment Regulations 2000, relevant Ministerial Directions, background information relating to the PCYC development and development contributions plans from other council areas.

The consultant notes that in assessing applications (including the proposal by the PCYC), Council officers do not currently have the power to impose or recommend a condition requiring a monetary contribution (or providing an exemption) that is not of a kind allowed or determined in accordance with the Contributions Plan. However, it is noted that there would not appear to be a legal impediment to including additional exemption or provisions relating to alternate payments within the Draft Section 7.12 Plan. There are numerous examples of Section 7.12 contribution plans in other council areas that provide exemptions in addition to Ministerial exemptions or alternate payment methodologies such as works-in-kind or provision of another material public benefit.

In most cases such exemptions relate to not-for-profit and charitable organisations and in some cases, offers for alternate payment are required to take the form of a Planning Agreement. Other councils that provide various additional exemptions or alternative payment methodologies include Georges River, Waverley, Canada Bay, Wagga Wagga, Grafton, Ku-ring-gai, The Hills and Willoughby.

The options for alternate payment methodologies generally include carrying out works listed under the Plan or undertaking a material public benefit. The vehicle for the delivery of these provisions are normally via a Planning Agreement as it provides for an open and transparent presentation of an alternative offer that would require endorsement by the elected Council, irrespective of the consent authority.

The consultant concludes that the Plan should be amended to exempt development contributions for registered not-for-profits and charitable organisations and provide for others to seek an exemption or alternative payment to development contributions by entering into a planning agreement in accordance with Council’s Policy for Planning Agreements, where the development provides a material public benefit for the community. It is also suggested that applications made by, or on behalf of, Council for community infrastructure also be exempted from development contributions.

Should Council support amendments to the Draft s7.12 Plan, and following public notification, the PCYC would be able to lodge a modification application to amend the consent to seek exemption from the payment of a contribution for the development located at Waitara Park.

Recommendation

In accordance with the advice of the planning consultant, it is recommended that additional exemptions to the payment of contributions under the Plan be included as follows:

Exempt applications made by or on behalf of Council: Provide an exemption for applications made by, or on behalf of, the Council for community infrastructure including, but not limited to, libraries, community facilities, recreational areas and facilities or car parks. This would respond to the extraordinary current practice whereby Council imposes upon itself the requirement for a monetary contribution for construction of its own community assets.

Exempt not-for-profit charitable organisations: Provide an exemption where the applicant for a development is a charity. The Charities Act 2013 clarifies that to be a recognised charity, an organisation must:

· Be not-for-profit.

· Have only charitable purposes that are for the public benefit.

· Not have a disqualifying purpose.

· Not be an individual, a political party or a government entity.

To qualify for an exemption on this basis, evidence of an organisation’s charitable status would be required by way of:

· A Certificate of Registration with the Australian Charities and Not-for-Profit Commission (ACNC) (the ACNC is the Australian Government’s national regulator of charities); or

· A Notice of Endorsement as a Deductible Gift Recipient which classifies the organisation as a "public benevolent institution", issued by the Australian Taxation Office (to receive this classification the organisation must be registered as a charity with the ACNC); or

· A Notice of Endorsement for Charity Tax Concessions issued by the Australian Taxation Office (to receive this classification the organisation must be registered as a charity with the ACNC).

Enable Planning Agreements: Allow an applicant to request an exemption or alternate payment by entering into a Planning Agreement. Council already has a Planning Agreement Policy which has been in place since 1 November 2007 and which sets out the basis upon which Council would consider offers for alternate payments.

The decision as to whether to accept an Applicant’s offer and enter into a Planning Agreement would be at the discretion of Council. Accordingly, it provides for maximum flexibility and control. In addition, Council may amend its Planning Agreement Policy at any time, without the need to amend the Contributions Plan.

The requirement for a Planning Agreement, and the associated costs, would mean most applications would be deterred from seeking an exemption given the contributions under Section 7.12 Plan are typically small amounts for minor development (in contrast to developments under the Section 7.11 Plan). Therefore, it is envisaged that this provision would only be used in exceptional circumstances.

In accordance with the above, it is recommended that Clause 2.8 of the Plan be amended as follows:

2.8 Exemptions or Alternate Payments

Council will provide an exemption to development contributions required by this Plan as follows:

1. Where directed to do so by the Minister for Planning and Public Spaces which, at the time of commencement of this Plan included development:

· Undertaken by a ‘social housing provider’ for the purposes of ‘seniors housing’ as defined in State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004.

· For the purpose of disabled access; for the sole purpose of providing affordable housing.

· For the purpose of reducing a building’s use of potable water (where supplied from water mains) or energy.

· For the sole purpose of the adaptive reuse of an item of environmental heritage.

· That has been the subject of a condition requiring monetary contributions under a previous development consent relating to the subdivision of the land on which the development is to be carried out.

2. In respect of development applications (or modifications thereto) made by or on behalf of the Council for community infrastructure including, but not limited to, libraries, community facilities, recreational areas, recreation facilities, car parks and the like.

3. In respect of development applications (or modifications thereto) where the Applicant is a charity demonstrated by submission of any of the following prior to determination of the application:

· A Certificate of Registration with the Australian Charities and Not-for-Profit Commission.

· A Notice of Endorsement as a Deductible Gift Recipient issued by the Australian Taxation Office.r

· A Notice of Endorsement for Charity Tax Concessions issued by the Australian Taxation Office.

Notwithstanding, an applicant may voluntarily offer to enter into a planning agreement with Council in connection with a development application in full or partial satisfaction of the contribution calculated in accordance with this Plan. Under a planning agreement, the applicant may offer to pay money, dedicate land, carry out works, or provide other material public benefits for public purposes. The applicant’s provision under a planning agreement may be additional to or instead of making contributions provided for by the Act.

An applicant’s offer to enter into a planning agreement, together with the draft agreement and an explanatory note, will need to accompany the relevant development application or an application to modify the development consent.

In accordance with prevailing legislation, Council will publicly notify the draft planning agreement and explanatory note along with the relevant application and will consider the draft planning agreement as part of the assessment of the relevant application. If Council agrees to enter into the planning agreement, the consent authority will impose a condition of development consent requiring the agreement to be entered into and performed.

A revised Hornsby Section 7.12 Development Contributions Plan is attached to this report.

CONSULTATION

The Draft Hornsby Section 7.12 Development Contributions Plan 2019-2029 was exhibited from 4 April 2019 to 6 May 2019. Exhibition included advertisements in local newspapers advising where the draft Plan could be viewed and a notice on Council’s website, along with electronic copies of the draft Plan. One submission was received from the PCYC.

In the preparation of this Report, advice was received from DFP Planning, a consultant team engaged to assist Council in preparing the draft Plan. The recommendations of this Report are consistent with the advice from the consultant.

BUDGET

Any offsetting of current and future development contributions that may result from the amended Contributions Plan would only be applicable for developments that would either be undertaken for a public purpose and/ or would provide a clear material benefit to the community which is unique and exceptional.

POLICY

The draft Hornsby 7.12 Development Contributions Plan 2019-2029 will supersede the current Hornsby Section 94A Development Contributions Plan 2014-2024. Should Council resolve to adopt the draft Plan, public notice of Council’s decision would be required in local newspapers.

CONCLUSION

Section 7.12 of the Environmental Planning and Assessment Act 1979 allows councils to impose a levy based on a percentage of the proposed cost of carrying out development. The Draft Section 7.12 Plan was prepared to repeal the current Hornsby Section 94A Development Contributions Plan 2014-2024.

The Draft Plan will update the terminology and references for levying development contributions and provide an updated works program for the period 2019-2029, based on the revised local government area boundary following the transfer of lands south of the M2 motorway to the City of Parramatta Council.

In response to the issues raised in a submission on the draft Plan, it is recommended that the Plan be amended (as attached) to address circumstances where, in the opinion of Council, an exemption or alternate payment arrangement is warranted.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Manager Strategic Planning – Katherine Vickery - who can be contacted on 9847 6744.

Katherine Vickery

Manager - Strategic Landuse Planning

Planning and Compliance Division

James Farrington

Director - Planning and Compliance

Planning and Compliance Division

Attachments:

1.⇨	PCYC Submission to Hornsby Draft 7.12 Contributions Plan 2019-2029
2.	DFP Planning Advice on PCYC Submission and Draft Hornsby Contributions Section 7.12 Plan 2019-2029 - This attachment should be dealt with in confidential session, under Section 10A (2) (c) of the Local Government Act, 1993. This report contains information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business.
3.⇨	Hornsby Shire Council Section 7.12 Contributions Plan 2019-2029

File Reference: F2010/00015-04

Document Number: D07716200

Director's Report No. PL21/19

Planning and Compliance Division

Date of Meeting: 14/08/2019

5 PLANNING PROPOSAL - LOCAL HERITAGE LISTING OF 22 TREES AT 62 MANOR ROAD, HORNSBY

EXECUTIVE SUMMARY

· At its meeting on 8 May 2019, Council resolved to prepare a Planning Proposal to amend the Hornsby Local Environmental Plan 2013 (HLEP) to list the 22 trees on property No. 62 Manor Road, Hornsby in Schedule 5 of the HLEP as a landscape heritage item.

· In accordance with The Local Planning Panels Direction, a planning proposal must be referred to the Local Planning Panel (LPP) for their advice before Council considers whether or not to forward it to the Minister or Greater Sydney Commission.

· The Planning Proposal was referred to the LPP on 10 July 2019 and a briefing was held on 31 July 2019.

· The advice from the LPP is that:

o It supports the preparation of a Planning Proposal to protect 22 trees located on property No. 62 Manor Road, Hornsby as a local heritage item (landscape) by listing the site in Schedule 5 of the Hornsby Local Environmental Plan 2013.

o Reference should be made to the implementation of Planning Priorities 16, 17 and 19 within the North District Plan 2018 in the Planning Proposal to emphasise the protection and enhancement of biodiversity that would be achieved.

RECOMMENDATION

a) Insert a listing for 22 trees at property No. 62 Manor Road, Hornsby in Schedule 5 Environmental Heritage.

b) Amend the Heritage Map (Sheet HER_017B) to identify a heritage item on the site of No. 62 Manor Road, Hornsby.

PURPOSE

The purpose of this Report is to present a Council initiated Planning Proposal for the heritage listing of 22 trees at property No. 62 Manor Road, Hornsby and to present the advice from the Local Planning Panel as required by Ministerial Directions.

BACKGROUND

Property No. 62 Manor Road, Hornsby (Lot 3 DP 524288) is the subject of a current development application (DA/151/2018) for the demolition of two dwellings and subdivision of the subject land. On 8 May 2018, the applicant lodged an appeal against the deemed refusal of the DA. The hearing for the development application is listed for 16 to 18 December 2019.

At its meeting on 14 November 2018, Council considered a Mayoral Minute and resolved to place an Interim Heritage Order (IHO) on the site, to enable full and proper evaluation of the heritage significance of the trees and gardens and to prevent harm to the site in the interim. Council considered that the site may have potential heritage significance based on the inventory sheet for the adjacent listing of street trees in Manor Road (Item No. 494), prepared as part of the 2008 assessment of Council’s heritage listed landscape items.

The purpose of the IHO was to provide Council six months to engage a suitably qualified consultant to undertake further investigations into the historical significance of the trees on the site and determine whether to proceed with a heritage listing.

The property owner lodged an Appeal in the NSW Land and Environment Court against the gazettal of the IHO. The appeal was listed for hearing on 16 and 17 September 2019 but has since been discontinued, as the IHO has now been revoked (see further discussion below).

A Landscape Heritage Assessment was undertaken by Time Heritage Landscapes, in association with Richard Lamb and Associates, and submitted to Council on 18 April 2019. The heritage assessment identified 22 trees on the property with an age of over 100 years (some likely to be over 200 years in age). These trees are deemed to fulfil criterion (f) of the NSW State Heritage Criteria, possessing uncommon, rare or endangered aspects of NSW’s cultural or natural history and are therefore considered worthy of heritage listing.

At its meeting on 8 May 2019, Council considered Director’s Report No. PL/13/19 regarding the findings of the Landscape Heritage Assessment and resolved that:

1. Council resolve to prepare a draft local environmental plan to list the trees on property No. 62 Manor Road, Hornsby identified in the Landscape Heritage Assessment attached to Director’s Report No. PL13/19 as a local heritage item (landscape) in Schedule 5 of the Hornsby Local Environmental Plan 2013.

2. A planning proposal be prepared to progress the above draft local environmental plan and the planning proposal be submitted to the Hornsby Local Planning Panel for advice.

3. A further report outlining the advice from the Hornsby Local Planning Panel be presented to Council for consideration prior to submission of the planning proposal to the Department of Planning and Environment for a Gateway Determination.

4. The property owner be advised of Council’s decision.

At the same meeting, Council considered a separate confidential report which provided an update on the status of the IHO appeal and associated legal advice. Council consequently resolved to revoke the IHO placed on property No. 62 Manor Road, Hornsby and that protection of the 22 trees identified with heritage significance be sought through the planning proposal.

The Government Gazette revoking the IHO was published on 17 May 2019.

In accordance with Council’s resolution, a Planning Proposal has been prepared and was referred to the Hornsby LPP for advice.

DISCUSSION

This report presents the advice of the LPP concerning the Planning Proposal (attached), which seeks to:

· Insert a listing for the 22 trees, identified in figure 1, in Part 1 Heritage Items of Schedule 5 Environmental Heritage.

· Amend the Heritage Map (Sheet HER_017B) to identify a heritage item on the site of No. 62 Manor Road, Hornsby.

Local Planning Panel Advice

The Local Planning Panels Direction – Planning Proposals, requires that the Local Planning Panel must give its advice on a planning proposal before Council considers whether or not to forward it to the Minister or Greater Sydney Commission.

The Planning Proposal was referred to Hornsby’s LPP on 10 July 2019 and a briefing was held on 31 July 2019.

The Panel noted that:

· Council is currently preparing a Local Strategic Planning Statement (LSPS) to manage growth and change into the future in accordance with the priorities and actions under the North District Plan 2018. This process provides the opportunity for Council to undertake a strategic approach to the management of urban lands at the bushland interface.

· Council has undertaken a comprehensive review of heritage management practices in Hornsby Shire. The review recommends that a landscape heritage study be undertaken to identify landscape items of cultural and natural significance throughout the Shire and the Panel supports this strategic approach to heritage management.

· The preparation of the Planning Proposal to protect trees on property No. 62 Manor Road, Hornsby as a local heritage item is supported by an independent heritage assessment confirming the heritage significance of the trees.

· Progression of the Planning Proposal would not be inconsistent with Council’s comprehensive heritage review approach.

The Panel advised that:

· It supports the preparation of a Planning Proposal to protect 22 trees located on property No. 62 Manor Road, Hornsby as a local heritage item (landscape) by listing the site in Schedule 5 of the Hornsby Local Environmental Plan 2013.

· References to the implementation of the following additional North District Plan 2018 planning priorities should be included in Part 3 of the Planning Proposal:

· Planning Priority 16 – Protecting and enhancing bushland and biodiversity.

· Planning Priority 17 – Protecting and enhancing scenic and cultural landscapes.

· Planning Priority 19 – Increasing urban tree canopy cover and delivering Green Grid connections.

One Panel member did not share this view, instead forming the opinion that the planning proposal is not the appropriate mechanism to manage bushland interface and landscape heritage on this site as it pre-empts the broader strategic approach.

The Planning Proposal (attached) has been updated in accordance with the advice of the Panel to include reference to additional planning priorities.

Planning Proposal

1. Strategic and Statutory Context

This report considers the merit of the Planning Proposal in relation to State and local planning policies and legislation with regard to the potential impacts of the proposal. The relevant policy and legislation are discussed below.

1.1 Greater Sydney Region Plan - A Metropolis of Three Cities and North District Plan

A Metropolis of Three Cities – the Greater Sydney Region Plan has been prepared by the NSW State Government to guide land use planning decisions for the next 40 years (to 2056). The North District Plan is a guide for implementing A Metropolis of Three Cities - the Greater Sydney Region Plan at a District level and is a bridge between regional and local planning.

The plans set strategies and actions for accommodating Sydney’s future population growth and identifies key targets such as dwelling numbers, infrastructure planning, liability, sustainability and productivity. The Planning Proposal is consistent with the relevant objectives of A Metropolis of Three Cities and the actions of the North District Plan, by providing continued recognition and protection of the heritage significance of these trees. For further detail, refer to Section B.3 of the planning proposal.

1.2 Section 9.1 Local Planning Directions

Section 9.1 of the Environmental Planning and Assessment Act 1979 (EP&A Act) allows the Minister for Planning to provide direction to Council in relation to the preparation of draft local environmental plans.

The Local Planning Directions that Council must follow when preparing a Planning Proposal cover the following matters:

· Employment and Resources.

· Environment and Heritage.

· Housing, Infrastructure and Urban Development.

· Hazard and Risk.

· Regional planning.

· Local plan making.

The Directions that are most relevant to this Proposal include:

Direction 2.1 Environmental Protection Zones

The objective of this direction is to protect and conserve environmentally sensitive areas. The site is zoned R2 Low Density Residential and RE1 Public Recreation and adjoins land zoned E1 National Parks and Nature Reserves.

The planning proposal would facilitate the protection and conservation of trees on site in accordance with the objective of this Direction, and the objectives of the zones R2, and RE1, and the adjoining national park zoned E3. Therefore, the Planning Proposal is consistent with this Direction.

Direction 2.3 Heritage Conservation

The objective of this Direction is to conserve items, areas, objects and places of environmental heritage significance and indigenous heritage significance.

The Proposal is consistent with this Direction as it would facilitate the listing of 22 trees located on property No. 62 Manor Road, Hornsby as a heritage item under Schedule 5 of the HLEP 2013 to conserve the natural and cultural values they hold by ensuring they are protected, and their heritage significance is identified.

An assessment of the consistency of this Planning Proposal with these Local Planning Directions is provided in Appendix B of the Planning Proposal attached to this report.

1.3 Hornsby Community Strategic Plan - Your Vision Your Future 2028

Your Vision Your Future 2028 is a 10-year vision that identifies the main priorities and aspirations for the future of Hornsby Shire and is Council’s long-term plan to deliver the best possible services for the Shire.

The relevant outcome indicator of the Plan that relates to the proposal is to ensure that the natural environment is well cared (indicator 2.1.b). This indicator informs outcome No. 2.1 which states that the local surroundings are protected and enhanced.

The proposal is consistent with the relevant outcome and indicator of the Hornsby Community Strategic Plan - Your Vision Your Future 2028.

1.4 Hornsby Draft Local Strategic Planning Statement (LSPS)

The LSPS sets out a 20-year vision for land-use in Hornsby Shire, identifying the special character and community values that are to be preserved as well as how Council will manage growth and change. It is anticipated that Hornsby Council’s Draft Local Strategic Planning Statement (LSPS), will be publicly exhibited in August 2019. The planning proposal meets a number the priorities contained within the draft LSPS as outlined in Section B.4 of the planning proposal.

1.5 Heritage Gap Analysis and Action Plan

At its meeting on 8 May 2019, Council considered a report on the Heritage Gap Analysis and Action Plan and resolved to publicly exhibit the document. The Heritage Gap Analysis will be used to prioritise and scope a Comprehensive Heritage Study to inform amendments to current planning instruments and to assist preparation of the draft LSPS. Section 2.3.4 of this report relates to Landscape Heritage and recommended for Schedule 5 of the HLEP to be updated to allow for landscape items of cultural and natural significance on both private and public property to be protected.

The Planning Proposal is consistent with the recommendations of the Heritage Gap Analysis.

1.6 Hornsby Local Environmental Plan 2013

The planning proposal has been prepared having regard to the provisions of the Hornsby Local Environmental Plan 2013 (HLEP).

Clause 5.10 Heritage Conservation of HLEP sets out heritage conservation provisions for Hornsby Shire. The relative objectives of this clause include:

(1)(a) to conserve the environmental heritage of Hornsby.

(b) to conserve the heritage significance of heritage items and heritage conservation areas, including associated fabric, settings and views.

The proposal seeks to heritage list 22 trees within Schedule 5 of the HLEP as a heritage (landscape) item. By listing these trees as a heritage item and amending the corresponding Heritage Map, it would give statutory provisions for the continued protection and management of the item under Clause 5.10 Heritage Conservation of the HLEP.

CONSULTATION

In accordance with “A guide to preparing local environmental plans” prepared by the then Department of Planning and Environment (2018), the Planning Proposal is classified as a ‘low impact proposal’ therefore is required to be publicly exhibited for 14 days.

A consultation strategy relevant to the public exhibition of the draft LEP has been prepared as part of the Planning Proposal for endorsement by the DPI&E. Part 5 of the Planning Proposal contains the Consultation Strategy for public exhibition which at a minimum will include the following:

· Notification letters and a copy of the Planning Proposal will be sent to relevant public authorities (if any) outlined in the Gateway Determination.

· An advertisement will be placed in local newspapers that identify the purpose of the Planning Proposal and where the Planning Proposal can be viewed.

· The Planning Proposal will be exhibited on the Council website under On Exhibition (www.hornsby.nsw.gov.au/onexhibition). Council’s libraries have access to the website.

· A letter will be sent to affected land owners advising them of the exhibition and how to make a submission.

· The Planning Proposal will be displayed at the Council Administration Centre, 296 Peats Road, Hornsby and at Hornsby Library.

A report outlining the outcomes of the public agency consultation, submissions received during public exhibition and hearing would be presented to Council for its consideration at the conclusion of the exhibition period.

STATUTORY CONSIDERATIONS

The preparation of a Planning Proposal is the first step in the process of requesting changes to a planning instrument. Should Council resolve to proceed with the Proposal to Gateway Determination, the DPI&E would confirm whether any technical studies are required and relevant parts of the Planning Proposal to be updated or amended prior to public exhibition.

As part of the Gateway Authorisation process, Section 2.4 of the EP&A Act allows the Minister and the Director-General to delegate functions to a Council and/or an officer or employee of a Council. When submitting a planning proposal, Council is required to identify whether it wishes to Exercise Delegation (the Authorisation). Authorisation delegates the following plan making powers to Council:

· To make and determine not to make an LEP.

· To defer inclusion of certain matters.

· To identify which matters must be considered and which stages of the plan making process must be carried out again.

At its meeting on 12 December 2012, Council resolved to formally accept the plan making delegations and delegate the plan making functions to the General Manager. Acknowledgement of Council’s resolution was received from the Department of Planning and Environment on 3 March 2013.

On the grounds that the planning proposal is consistent with the types of draft LEPs to be routinely delegated by the DPI&E, it is recommended that Council exercise the Authorisation in this instance.

BUDGET

There are no budgetary implications associated with this report.

POLICY

The Local Planning Panels Direction – Planning Proposals requires that the local planning panel must give its advice on the planning proposal before Council considers whether or not to forward it to the Minister or Greater Sydney Commission. The advice of the Hornsby LPP is presented in this report.

CONCLUSION

The Proposal seeks to amend Schedule 5 and the Heritage Map contained within the HLEP to list 22 trees located on property No. 62 Manor Road, Hornsby.

The Proposal aims to implement the recommendations of the Landscape Heritage Assessment which were considered by Council and resolved to be enforced to provide the continued recognition and protection of trees with identified heritage significance.

The Local Planning Panel has advised that it supports the progression of the planning proposal.

Accordingly, it is recommended that Council endorse the progression of the attached Planning Proposal for submission to the Department of Planning, Industry and Environment for Gateway Determination and exhibition.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Manager of Strategic Planning, Katherine Vickery, - who can be contacted on 9847 6744.

Katherine Vickery

Manager - Strategic Landuse Planning

Planning and Compliance Division

James Farrington

Director - Planning and Compliance

Planning and Compliance Division

Attachments:

1.⇨

Planning Proposal for no. 62 Manor Road, Hornsby

File Reference: F2010/00588-004

Document Number: D07719455

Director's Report No. PL22/19

Planning and Compliance Division

Date of Meeting: 14/08/2019

6 REPORT ON SUBMISSIONS - HORNSBY RSL CLUB PLANNING PROPOSAL

EXECUTIVE SUMMARY

· On 13 May 2016, a Planning Proposal and Development Control Plan (DCP) amendments were submitted by Hornsby RSL Club seeking to facilitate a hotel development, residential apartments and a seniors housing development on land in the Club’s ownership.

· At its meeting on 8 February 2017, Council resolved to forward the Planning Proposal to the (then) Department of Planning & Environment for a Gateway Determination, which was subsequently issued on 14 June 2017 subject to conditions.

· Following finalisation of material required by the Gateway Determination, the Planning Proposal and draft DCP amendments were exhibited between 15 February and 16 March 2018. A total of 88 community submissions and 6 public agency submissions were received.

· Post-exhibition assessment identified concerns with the proposal based principally on traffic related issues unresolvable through this Planning Proposal in isolation.

· On 30 May 2019, the RSL Club formally withdrew its Planning Proposal, instead requesting consideration of options for its landholdings under the Hornsby Town Centre Review.

· Accordingly, it is recommended that Council no longer proceed with the Planning Proposal and that consideration of options for the Hornsby RSL Club landholdings be included as part of the Hornsby Town Centre Review.

RECOMMENDATION

THAT:

1. Council receive and note correspondence from Hornsby RSL Club dated 30 May 2019 attached to Director’s Report No. PL22/19 withdrawing its Planning Proposal.

2. Council not proceed with the Hornsby RSL Club Planning Proposal and associated draft DCP amendments and write to the Minister to advise of this decision made under delegation.

3. Council advise of its decision in a local newspaper within 28 days, including reasons as outlined in Director’s Report No. PL22/19.

5. The proponent and submitters be advised of Council’s resolution.

PURPOSE

The purpose of this report is to present the results of the public exhibition of the Hornsby RSL Club Planning Proposal, post-exhibition assessment and the decision by the RSL Club to withdraw its Planning Proposal in preference of consideration of redevelopment options for its landholdings as part of the Hornsby Town Centre Review.

BACKGROUND

On 13 May 2016, a Planning Proposal and amendments to Hornsby DCP 2013 (HDCP) were submitted on behalf of the Hornsby RSL Club to facilitate a hotel development, residential apartments and a seniors housing development on its landholdings in Hornsby.

Under the proposal, the Club sought amendments to the Hornsby Local Environmental Plan 2013 (HLEP) and the HDCP to facilitate development of the Club’s three key sites as follows:

· Site 1 (Hornsby RSL Club and Community Car Park at 3-7 William Street, 2 Ashley Lane): Permit a residential flat building up to 15 storeys to be constructed above the existing 4 storey community car park and activate the William Street frontage with ground floor commercial uses.

· Site 2 (Hornsby RSL Club premises at 4 High Street): Increase the building height from 8 to 12 storeys to enable a hotel / serviced apartments and associated parking and permit a residential flat building above the existing Club.

· Site 3 (7-19 Ashley Street and 2-4 Webb Avenue, Hornsby): Permit development up to 5 storeys for the purpose of seniors housing.

At its meeting on 8 February 2017, Council considered Group Manager’s Report No. PL7/17 and resolved to forward the Hornsby RSL Planning Proposal to the (then) Department of Planning and Environment for a Gateway Determination. Council also endorsed draft amendments to the HDCP to be exhibited concurrently with the Planning Proposal.

On 14 June 2017, a Gateway Determination was issued requiring (in part):

· Heritage Assessment in relation to the Hornsby War Memorial Hall (Heritage Item No. 483 located on adjoining land).

· Maximum car spaces needed to support the seniors housing site to be identified under the Planning Proposal.

· Other changes to the Planning Proposal regarding clarity of heights, mapping and terminology.

Written Authorisation for Council to exercise delegation with respect to its plan making functions to amend the Hornsby Local Environmental Plan 2013 was issued with the Gateway Determination.

On 21 June 2017, the proponent was advised by letter of the Gateway Determination and the additional information was requested.

On 29 August 2017, a heritage assessment in the form of a Statement of Heritage Impact (SoHI) was provided by the RSL Club. Upon review, the heritage assessment was found to provide a comprehensive historical background and heritage assessment of the site. However, the potential impact of additional height of buildings on the heritage significance of the War Memorial Hall was not adequately addressed. A meeting was subsequently held with the proponent and the heritage consultant and to discuss the concerns and a revised heritage assessment was requested.

A revised Heritage Assessment was submitted on 8 December 2017 which informed an amendment that the Planning Proposal only apply a height increase to the rear two-thirds of property No. 4 High Street, Hornsby, with the High Street elevation to remain unchanged adjacent to the War Memorial Hall.

A review of the revised heritage assessment identified that it was satisfactory for exhibition purposes and preparations were subsequently made for the statutory exhibition of the Planning Proposal and draft DCP amendments in accordance with the Environmental Planning and Assessment Act 1979.

DISCUSSION

This report presents the results of the public exhibition of the Hornsby RSL Club Planning Proposal and discusses the post-exhibition assessment of the proposal and the decision by the RSL Club to withdraw its Planning Proposal.

1. Exhibition

In accordance with the Gateway Determination and Council’s endorsed Consultation Strategy, the Planning Proposal and draft DCP amendments were exhibited between 15 February 2018 and 16 March 2018.

The exhibition included letters to affected property owners and a public notice in the local paper and on Councils website. Copies of the Planning Proposal, draft DCP and supporting documentation were displayed in hard copy at Council’s Administration Building, Hornsby Library and electronically on Council’s website.

Community Submissions

A total of 88 submissions were received from the community comprising:

· 80 form letters in support.

· 3 submissions in support.

· 3 submissions raising concerns.

· 2 individual letters objecting to the Planning Proposal and draft DCP amendments.

Form letters and submissions in support identified the following key elements of the proposal:

· Sympathetic well-planned expansion.

· Caters for housing for a mix of age groups.

· Seniors living provides for increasing need.

· Hotel caters for accommodation for visitors to the Shire.

· Access to transport by sustainable means.

· Proximity to Hornsby West Side.

· Support for growing tourist trade attracted by Hornsby’s proximity to bushland.

· Provision for community-oriented facilities (other than gaming) is a positive step.

Submissions raising concern/objecting to the proposal identified the following key issues:

· Traffic congestion and safety concerns from increasing population.

· Lack of parking.

· Lack of pedestrian facilities.

· Proposal not providing real benefit for the community.

· Potential construction impacts.

· Height, setback and density concerns.

· Impacts on the Hornsby War Memorial.

· Infrastructure capacity.

Agency Submissions

Consultation with public authorities also occurred between 15 February to 16 March 2018. However, Transport for NSW and Roads and Maritime Services requested additional time for consideration of the Planning Proposal.

· Comments were received from the Office of Environment and Heritage, Ausgrid, Sydney Water and Sydney Trains. No major concerns were raised by these agencies.

· Comments received on 29 June 2018 from Transport for NSW identified issues associated with traffic congestion, traffic modelling and the impact of future development arising from the Planning Proposal on the local and regional road network.

· Comments received on 8 August 2018 from Roads and Maritime Services (RMS) identified that the Planning Proposal would contribute to the cumulative traffic impacts on the surrounding local and regional network. The RMS commented that the Planning Proposal should be included in a precinct wide study and that a reduction in car parking provision is encouraged as a travel demand management measure given the proximity of public transport facilities.

2. Post-Exhibition Technical Assessment

Post-exhibition consideration of submissions, comments by public authorities and evaluation of the Planning Proposal highlighted key concerns with respect to traffic modelling assumptions, pedestrian safety, car parking and concept design outcomes.

Traffic

The traffic modelling submitted and exhibited with the RSL Planning Proposal was based on measures recommended as part of Council’s 2014 Hornsby West Side Planning Proposal. One of these measures included a 4-way signalised intersection at High Street/Peats Ferry Road. However, since that time the RMS has informed Council that it will not support the proposed signalisation due to queuing lengths and proximity of other signalised intersections.

Accordingly, a revised model and Traffic Impact Assessment was requested by Council to demonstrate how the RSL Club Planning Proposal would impact the local road network. The amended traffic assessment indicates increased delays and congestion which are not supportable. Road network improvements required to overcome the issues would be difficult to achieve in the absence of wider traffic modelling and mitigation measures for the entire Hornsby Town Centre.

Pedestrian Safety

Development in accordance with the Planning Proposal would generate additional pedestrian movements to and from the station across High Street and Peats Ferry Road where there are currently no formalised pedestrian crossings. Again, improvements would be difficult to achieve in the absence of wider active transport and pedestrian mobility measures within the Town Centre.

Car Parking

One of the 3 sites that form the Planning Proposal includes the Hornsby RSL Club and Community Car Park in William Street. Currently, Council benefits from a licence agreement for public use of 119 car parking spaces within the car park. The implications for continued community use of the 119 spaces as a result of building over the existing car park and converting the ground floor to retail/commercial space are unresolved through the Planning Proposal. In regard to car parking generally, concerns are raised regarding the absence of an accurate, current, independent assessment of car parking demand by an appropriately qualified consultant.

Concept Designs

Whilst general amenity impacts that may arise as a consequence of the Planning Proposal could be addressed as part of future development applications, unresolved issues remain with the concept designs submitted, particularly in relation to building over the Hornsby RSL Club and Community Car Park.

3. Independent Assessment

Although the Planning Proposal was withdrawn by the RSL Club prior to the finalisation of a report by the consultant, draft advice was provided to Council officers as follows:

· The Planning Proposal would facilitate development that would cause the road network to exceed capacity and it is unsustainable to continue to increase latent potential for traffic by increasing the development potential of land in the area.

· Whilst the future residential development arising from the Planning Proposal would make a minor contribution to housing supply in the Hornsby LGA, it is not required to achieve Council’s short-term housing target. Accordingly, there is no urgent requirement to provide for more housing supply through site specific planning proposals.

· Council should consider the Hornsby RSL Club redevelopment proposals as part of the Hornsby Town Centre Review to ensure a coordinated and equitable approach to the identification and delivery of transport infrastructure.

4. Discussions with Proponent

Council staff met with representatives of the Hornsby RSL Club and its consultants in June 2018 to provide feedback after public exhibition and evaluation.

Another meeting with RSL Club representatives and Council’s General Manager and Director, Planning and Compliance Division was held in July 2018 to discuss required amendments and additional information to address concerns with the Planning Proposal. Further advice from RMS was provided when received in August 2018.

In December 2018 and January 2019, additional information was submitted by the proponent comprising a revised traffic impact assessment, analysis of parking, streetscape photomontages and design principles.

Following consideration of the additional information, a meeting was held with the RSL Club in April 2019 to confirm that traffic and parking issues remain unresolved and to advise that the external planning consultant had been requested to provide a recommendation to Council at its meeting in May 2019.

The RSL Club requested that the matter be deferred from the May meeting agenda and that an alternative proposal be considered involving less intensive uses by eliminating the residential development components and only providing additional club facilities, a hotel and the seniors living proposal.

Preliminary consideration was given to the alternative proposal. However, the extent to which traffic impacts would be alleviated was unclear. The RSL Club was advised that amended concept plans, traffic reports and submission of a revised Planning Proposal and Gateway Determination would be required should it wish to proceed with the amended proposal.

As an alternative, given the timing of the Hornsby Town Centre Review, the RSL Club was offered the potential for consideration of redevelopment options in the broader context of the Hornsby Town Centre Review. One benefit of this approach is that traffic modelling and investigations to be undertaken for the broader area may assist the identification of mitigation measures that otherwise cannot be addressed by the RSL Club in isolation. Other objectives of the Hornsby Town Centre Review relevant to the RSL Club include increasing connectivity and pedestrian mobility, improving Hornsby Interchange, improving commuter parking and location, and considering innovative solutions to provision of community facilities.

The RSL Club formally requested withdrawal of its Planning Proposal by letter dated 30 May 2019 (attached) and requested consideration of concepts for redevelopment of its landholdings as part of the Hornsby Town Centre Review.

5. Next Steps

At its meeting on 8 May 2019, Council resolved to engage Cox Architecture to undertake the Hornsby Town Centre Review. Currently the study area for the Hornsby Town Centre Review includes the RSL Club premises at property No. 4 High Street, Hornsby and the Hornsby RSL Club and Community Car Park at property Nos. 3-7 William Street and 2 Ashley Lane, Hornsby. However, the RSL Club landholdings in Ashley Street/Webb Avenue, on which the Club proposes a seniors housing development, are located outside the study area (property Nos. 7 - 19 Ashley Street and Nos. 2-4 Webb Avenue, Hornsby).

Council, at its meeting on 8 February 2017, determined there was strategic merit in consideration of amendments to planning controls to facilitate a hotel, club expansion, and residential apartments including a seniors housing development on RSL club landholdings. However, as outlined in this report there are unresolved issues, particularly in relation to traffic, that would be difficult to overcome in the absence of wider traffic modelling and mitigation measures for the entire Hornsby Town Centre.

It is recommended that the RSL Club redevelopment proposals be considered as part of the Hornsby Town Centre Review to ensure a coordinated and equitable approach to the identification and delivery of transport infrastructure. This would require an amendment to the Hornsby Town Centre study area to include the Ashley Street properties. There is strategic merit in the inclusion of the additional properties within the study area to ensure a coordinated approach to future development, transport infrastructure, increased connectivity and pedestrian mobility associated with all the Club’s landholdings. A map identifying the additional land recommended to be included within the Hornsby Town Centre Review study area is attached to this report.

BUDGET

There are no budgetary implications associated with this Report. The evaluation and advertising of the Planning Proposal was covered by the fee paid to Council for lodgement of the Proposal in accordance with Council’s adopted feeds and charges.

POLICY

Council has authorisation to exercise its delegation of plan-making powers for this Planning Proposal, including the power to finalise or not proceed with the proposal. Council may also resolve not to proceed with draft DCP amendments. Council must give public notice of its decision in a local newspaper within 28 days after the decision is made and must include the reasons for Council’s decision. The reasons for non-progression of the proposal are that:

· The RSL Club has withdrawn the Planning Proposal.

· Options for redevelopment of the Hornsby RSL Club landholdings are to be considered more holistically under the Hornsby Town Centre Review.

CONCLUSION

Post-exhibition consideration of submissions, comments by public authorities and evaluation of the RSL Club Planning Proposal highlighted key concerns with respect to traffic modelling assumptions, pedestrian safety, car parking and concept design outcomes. The issues are unable to be resolved without major amendments which would require a new Planning Proposal, or consideration of the proposal in the wider context of the Hornsby Town Centre.

Given the above, the RSL Club formally requested withdrawal of its Planning Proposal by letter dated 30 May 2019 (attached) and requested consideration of concepts for redevelopment of its landholdings as part of the Hornsby Town Centre Review.

Accordingly, it is recommended that Council no longer proceed with the Planning Proposal and that consideration of options for the Hornsby RSL Club landholdings be included as part of the Hornsby Town Centre Review, with the study area being amended to include the RSL Club’s landholdings in Ashley Street/Webb Avenue.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Manager, Strategic Land Use Planning – Katherine Vickery - who can be contacted on 9847 6744.

James Farrington

Director - Planning and Compliance

Planning and Compliance Division

Katherine Vickery

Manager - Strategic Landuse Planning

Planning and Compliance Division

Attachments:

1.⇨	Letter - withdrawal of Planning Proposal
2.⇨	Map showing proposed extension to Hornsby Town Centre Study Area

File Reference: PP/1/2016

Document Number: D07720146

Director’s Report No. PL19/19

Planning and Compliance Division

Date of Meeting: 14/08/2019

7 REPORTING VARIATIONS TO DEVELOPMENT STANDARDS

wEXECUTIVE SUMMARY

· In accordance with Department of Planning, Industry and Environment’s Planning Circular PS 08‑14, Council is required to report variations to development standards for development applications approved under delegated authority, which relied upon Clause 4.6 (Exceptions to development standards) of the Hornsby Local Environmental Plan 2013 (HLEP).

· Council’s consideration of this report ensures Council’s obligation to monitor variations to development standards is complied with.

RECOMMENDATION

THAT the contents of Director’s Report No. PL19/19 be received and noted.

PURPOSE

The purpose of this report is to advise Council of determined development applications under delegated authority involving a Clause 4.6 variation to a development standard for the period 1 April 2019 to 30 June 2019.

DISCUSSION

Department of Planning, Industry and Environment’s Circular B1, issued in March 1989, requested that councils monitor the use of the Secretary’s assumed concurrence under the then State Environmental Planning Policy No. 1 – Development Standards (SEPP 1) on a quarterly basis. SEPP 1 was replaced by Clause 4.6 as the mechanism to enable variation to a development standard when the HLEP 2013 came into effect. However, the reporting requirements for variations to standards remain effective.

Monitoring of variations to development standards is important to provide the Department and councils with an overview of the manner in which established development standards are being varied and whether the assumed concurrence is being used as intended. This enables Council and the Department to determine whether development standards are appropriate, or whether changes are required.

The Department issued Circular PS 08–014 on 14 November 2008. The purpose of the Circular was to remind councils of their responsibilities to monitor the use of the Secretary’s assumed concurrence and keep accurate records where variations to standards are supported.

The Circular also provides that councils are required to report on a quarterly basis and adopt the following four measures:

1. Establish a register of development applications determined with variations in standards under Clause 4.6.

2. Require all development applications where there has been a variation greater than 10% in standards to be determined by the Hornsby Local Planning Panel.

3. Provide a report to Council on the development applications determined where there had been a variation in standards under Clause 4.6.

4. Make the register of the development applications determined with variations in standards under Clause 4.6 available to the public on Council’s website.

In accordance with Point 3 of the Department Circular, attached is a list of development applications determined between1 April 2019 to 30 June 2019.

A copy of the attachment to this report is also reproduced on Council’s website.

BUDGET

There are no budget implications.

POLICY

This report addresses Council’s reporting obligations for development applications determined where there has been a variation in standards under Clause 4.6.

CONCLUSION

Council is required to monitor the manner in which development standards are being varied. This assists in determining whether changes are required to relevant standards. This report provides advice to Council on standards varied under delegated authority which relied upon Clause 4.6 of the HLEP during the reporting period from 1 April 2019 to 30 June 2019.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this report is the Director of Planning and Compliance Division – James Farrington, who can be contacted on 9847 6750.

James Farrington

Director - Planning and Compliance

Planning and Compliance Division

Attachments:

1.⇨

Clause 4.6 Returns - 1 April 2019 to 30 June 2019

File Reference: F2004/07599-02

Document Number: D07711375