Agenda of General Meeting - 13 November 2019

Hornsby Shire Council Agenda and Summary of Recommendations

Page 0

AGENDA AND SUMMARY OF RECOMMENDATIONS

PRESENT

NATIONAL ANTHEM

OPENING PRAYER/S

Reverend Mike Begbie of St Lukes Anglican 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 9 October, 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

Page Number 1

Item 1 GM15/19 Hornsby Shire Council Annual Report 2018/19

RECOMMENDATION

THAT:

1. The Hornsby Shire Council Annual Report 2018/19 be received and noted.

2. The Annual Report be supplemented by Council’s 2018/19 Audited Financial Statements once they are “presented to the public” at the 13 November 2019 General Meeting.

3. A copy of the final Annual Report 2018/19 be submitted to the Office of Local Government by 30 November 2019 and be placed on Council’s website.

Corporate Support Division

Page Number 4

Item 2 CS38/19 2018/19 Audited Financial Statements - Presentation to the Public

RECOMMENDATION

THAT the 2018/19 General Purpose and Special Purpose Financial Statements and associated Auditor's Report, as presented to the public on 13 November 2019, be adopted.

Page Number 7

Item 3 CS39/19 2019/20 Budget - September 2019 Quarter Review

RECOMMENDATION

THAT the September 2019 Quarter Review of the Operational Plan (Budget) for 2019/20 be received and noted.

Page Number 12

Item 4 CS37/19 Investments and Borrowings for 2019/20 - Status for Period Ending 30 September 2019

RECOMMENDATION

THAT the contents of Director’s Report No. CS37/19 be received and noted.

Page Number 15

Item 5 CS36/19 Councillor Expenses and Facilities Policy - Reporting Required by Section 15 of the Policy

RECOMMENDATION

THAT Council note that details regarding the provision of Councillor expenses and facilities for the period from July 2018 to June 2019 has been tabled in accordance with the Councillors’ Expenses and Facilities Policy.

Community and Environment Division

Page Number 22

Item 6 EH1/19 Water Quality Monitoring Program and Report

RECOMMENDATION

THAT the contents of Director’s Report No. EH1/19 be received and noted.

Page Number 32

Item 7 EH12/19 Hornsby Aboriginal and Torres Strait Islander Consultative Committee (HATSICC) Charter

RECOMMENDATION

THAT Council adopt the Hornsby Aboriginal and Torres Strait Islander Consultative Committee (HATSICC) Charter attached to Director’s Report No. EH12/19.

Planning and Compliance Division

Page Number 36

Item 8 PL26/19 Planning Proposal - Housekeeping Amendment 2019

RECOMMENDATION

THAT:

1. Council endorse the progression of the Planning Proposal attached to Director’s Report No. PL26/19 for submission to the Department and Planning, Industry and Environment for a Gateway Determination to amend the Hornsby Local Environmental Plan 2013.

2. Preliminary, non-statutory consultation be conducted with affected land owners immediately, given the tight timeframes of the Accelerated LEP Review.

3. The Planning Proposal be publicly exhibited in accordance with the Gateway Determination and consultation strategy identified in this report.

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

Page Number 48

Item 9 PL28/19 Independent Pricing and Regulatory Tribunal (IPART) Report - Review of Local Government Compliance and Enforcement

RECOMMENDATION

THAT the comments included in Director’s Report No. PL28/19 regarding the recommendations from the Independent Pricing and Regulatory Tribunal’s Final Report - Review to identify and make recommendations for potential regulatory reforms that could provide savings to business and the community, form the basis of an online submission by Council to the Office of Local Government (OLG).

Page Number 66

Item 10 PL29/19 Report on Submissions - Draft Community Participation Plan

RECOMMENDATION

THAT:

1. Council adopt the Hornsby Community Participation Plan (as amended) attached to Director’s Report No. PL29/19 and publish the Plan on the NSW Planning Portal by 1 December 2019 to meet legislative requirements.

2. A review of current notification procedures for development applications and options for consideration be presented to Council at an informal workshop and considered in the preparation of the wider Community Engagement Strategy.

3. A separate report be prepared for Council concerning amendments to the Hornsby DCP 2013 to remove notification provisions in Part 1B.5 following applicable amendments the Environmental Planning and Assessment Regulation 2000.

4. Submitters be advised of Council’s decision.

Page Number 76

Item 11 PL30/19 Reporting Variations to Development Standards

RECOMMENDATION

THAT the contents of Director’s Report No. PL30/19 be received and noted.

Infrastructure and Major Projects Division

Nil

PUBLIC FORUM – NON AGENDA ITEMS

Questions on Notice

Mayor's Notes

Page Number 79

Item 12 MN10/19 Mayor's Notes from 01 October - 31 October 2019

Notices of Motion

Page Number 81

Item 13 NOM15/19 Public Transport Access to Cherrybrook Station and Review of Local Bus Services

COUNCILLOR Heyde To Move

THAT:

1. Council write to the Minister for Transport Mr. Andrew Constance thanking the NSW government and Transport NSW for returning many bus services across Cherrybrook, Beecroft and West Pennant Hills.

2. The correspondence should also express concern that some services have not been addressed and request further consideration to reinstate the 621-bus service.

3. The Mayor write to the Local Members thanking them for their support for returning some services across Cherrybrook, Beecroft and West Pennant Hills and further seek their support for the reinstatement of the 621-bus service.

SUPPLEMENTARY AGENDA

MATTERS OF URGENCY

Director's Report No. CS39/19

Corporate Support Division

Date of Meeting: 13/11/2019

3 2019/20 BUDGET - SEPTEMBER 2019 QUARTER REVIEW

EXECUTIVE SUMMARY

· Accountable organisations like Council review their budget and operational performance at least each quarter. In this regard, the September 2019 Quarter Review of the 2019/20 Operational Plan and Budget is attached.

· The 2019/20 Original Budget forecast a surplus at 30 June 2020 of $4.322 million. This September 2019 Review recommends budget changes of $341K which reduce the forecast 30 June 2020 Budget surplus to $3.981 million.

· Severe storms during 2018 in the Hornsby Shire area resulted in extensive clean-up costs being incurred by Council. There was an expectation that these would be recouped from the Office of Emergency Management and funds have been confirmed by the State Member for Hornsby but are awaiting formal approval from the Minister for Emergency Services. The forecast 30 June 2020 Budget surplus will reduce to $3.581 million if funds are not received.

RECOMMENDATION

THAT the September 2019 Quarter Review of the Operational Plan (Budget) for 2019/20 be received and noted.

PURPOSE

The purpose of this Report is to present for Council’s consideration the September 2019 Quarter Review of the 2019/20 Operational Plan.

BACKGROUND

On 12 June 2019, Council adopted its two-year Delivery Program 2019-21 including the one-year Operational Plan for 2019/20. The Fees and Charges for 2019/20 were also adopted by Council on 12 June 2019. The Delivery Program and Operational Plan set out the manner in which Council intends to deliver services and measure performance.

In line with Office of Local Government requirements, a Quarterly Budget Review Statement (QBRS) must be submitted for Council’s consideration at the end of each quarter. The Statement must be based on key financial indicators and the estimate of income and expenditure set out in Council’s Operational Plan for the relevant year.

DISCUSSION

This Review includes the first quarter results for 2019/20, comparing actual expenditure, income and funding sources for the first quarter against the Budget. The Net Operating and Capital Result after internal funding movements showed a positive variance of $2.2 million or approximately 4.4% of the consolidated year to date budget. This positive variance is largely the result of timing differences associated with project related works that are expected to be expended by 30 June 2020.

The 2019/20 Original Budget forecast a surplus at 30 June 2020 of $4.322 million. This surplus is intended to be set aside in a restricted asset account to enable the implementation of initiatives identified in future years of Council’s Long-Term Financial Plan (LTFP), notably addressing a significant funding requirement of $20 million in 2023/24. The LTFP was included in Deputy General Manager’s Report No. CS6/19 – Update on Council’s Long-Term Financial Plan – which was considered at the March 2019 General Meeting.

This Review recommends net budget changes of $341K, which reduce the forecast 30 June 2020 Budget surplus to $3.981 million. The reduction in the surplus is not considered significant to warrant revision to the Long-Term Financial Plan. However, further reductions could require initiatives included in future years to be reconsidered.

Budget changes are listed below. They include changes for new projects and changes identified by staff since the 2019/20 Annual Budget was adopted.

Budget Changes- New Projects

· $200K - Remediation of Beecroft War Memorial Cenotaph, with funds to be applied from the 179 Beecroft Road Restricted Asset ($186K), and external grant funding ($14K).

· $200K – Improvements to Glenorie Bus Stop, Old Northern Road, funded from general funds, noting that funding has been sought from the NSW Government and brought to the attention of the State Member for Hornsby and the Hawkesbury.

· $150K - Replacement of Council’s mobile Community Stage.

· $60K – Installation of outdoor lighting along the pathway at Cherrybrook Community Centre, funded from Council’s Special Rate Variation for open space assets.

· $150K – Replacement of Berowra Pipeline, funded from existing budgets allocated for Asset Management Plans.

· $1 million - Reduction in investment income because of three cuts to the cash rate since the budget for 2019/20 was prepared. Council staff are continuing to monitor the economic environment and the impact that any further interest rate cuts would have on investment returns and the Annual Budget.

· ($800K) – Savings from Council’s Community Centre keyless entry project.

· ($400k) – Anticipated recoupment of costs incurred during the 2018 storms from the NSW State Government. Noting that funds have been confirmed by the State Member for Hornsby but is awaiting formal approval from the Minister for Emergency Services.

Budget Changes- Identified by Staff

· $50K – Increase in the budget for utility expenses for the Rural Fire Service.

· $50K – Increase in funds allocated to pothole repairs. Additional expenditure is required to maintain road repair to satisfactory conditions.

· $25K – To provide a budget to perform underground service checks before digging on Council sites, required to support workplace safety conditions.

· $66K (net) – Other changes comprising approved salary increases since the Original Budget was prepared and minor operating expenses such as postage, stationary and subscriptions to Council’s recently created Major Projects branch.

Severe storms during 2018 in the Hornsby Shire resulted in extensive clean-up costs being incurred by Council. The storms were declared a natural emergency by the NSW Government with Council anticipating a recoupment of costs from the Office of Emergency Management this financial year of $400K. At this stage formal advice has not been received from the Minister for Emergency Services, however, a letter from the State Member for Hornsby has indicated financial support from the NSW Government. The forecast 30 June 2020 Budget surplus will reduce to $3.581 million if funds are not received.

Major Projects Update

Updates in respect to the progress of projects of significant dollar value or of community interest are noted below:

· Hornsby Park – From Quarry to Park – this project involves the redevelopment of the abandoned Hornsby Quarry and adjacent Old Mans Valley on the western side of Hornsby into open space for recreation purposes. Over the past 12 months, Council has been preparing an Environmental Impact Statement for the Park which was placed on public exhibition in early 2019. Since March 2017, excavated fill material has been transported from the North Connex road project to the Hornsby Quarry. This stage was completed in January 2019 and the site is expected to be handed back to Council this year.

· The total expenditure on the next stage of the project to 30 September 2019 is $2.266 million. Currently $50 million of funding is available, provided in June 2018 from the NSW Government’s Stronger Communities Fund following exhibition. It is anticipated that additional funds will be required to complete the project.

· Westleigh Park Development – concept designs are nearing completion which will provide the basis for development of a park masterplan and subsequent dedicated plan of management for Westleigh Park.

· The total project expenditure to 30 September 2019 (excluding the acquisition costs of $21 million funded by development contributions) on this project is $0.262 million. Currently $40 million of funding is available, provided in June 2018 from the NSW Government’s Stronger Communities Fund following exhibition. It is anticipated that additional funds will be required to complete the project.

· Storey Park – a new facility will be built on the existing Asquith Community Centre site. Plans include multi-purpose rooms that will be ideal for a wide range of events and activities and park facilities. The total expenditure to 30 September 2019 on this project is $4.477 million out of a budget of $6.308 million funded by development contributions and proceeds from the sale of assets rationalised in previous years. This project is currently on track to be completed by the end of this calendar year and within the allocated budget.

· 25,000 Trees by 2020 – Council is committed to planting 25,000 new trees by September 2020 to invest in the environment for future generations. The expenditure incurred to 30 September 2019 was $586K. During the month of September, the total number of trees planted has reached 13,618 consisting of 9,118 in parks and reserves and 4,500 in street tree locations across the Shire. 2,200 trees have also been given away to residents to plant at private locations, and 27,971 other plants have been planted during community planting days in support of the program. This project is largely funded by development contributions.

· Planting activities will now slow across the hotter months of summer before recommencing in Autumn 2020.

· Public Domain - The project is for main street works to improve amenities involving the planting of advanced trees and landscaped garden beds. The total expenditure to 30 September 2019 on this project is $0.269 million out of an initial budget of $617K for concept and design, funded from general funds.

BUDGET

This Report provides the September 2019 Quarter Review of the 2019/20 Operational Plan (Budget), which, if adopted, will achieve a forecast surplus at 30 June 2020 of $3.981 million. The predicted Budget result at 30 June 2020 is satisfactory in maintaining financial benchmark indicators in respect to liquidity.

POLICY

There are no policy implications associated with this Report.

CONCLUSION

Council’s consideration of this Report ensures that relevant statutory requirements have been met. The September 2019 Quarter Review demonstrates that Council remains in a strong position to deliver local services and facilities in a financially responsible manner.

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

Acting Chief Financial Officer

Corporate Support Division

Glen Magus

Director - Corporate Support

Corporate Support Division

Attachments:

1.⇨	Quarterly Budget Review Statement September 19
2.⇨	Consolidated 30 September Result

File Reference: F2019/00075

Document Number: D07780222

Director's Report No. CS36/19

Corporate Support Division

Date of Meeting: 13/11/2019

5 COUNCILLOR EXPENSES AND FACILITIES POLICY - REPORTING REQUIRED BY SECTION 15 OF THE POLICY

EXECUTIVE SUMMARY

· The Councillors’ Expenses and Facilities Policy, which is modelled on the Office of Local Government’s Better Practice Template, requires that a report on the provision of facilities and payment of expenses to Councillors is to be tabled at a Council Meeting at regular intervals.

· This is the first report under the new Policy and covers the period 1 July 2018 to 30 June 2019. Details are provided of expenditure grouped according to specific categories, summarised by individual Councillor and as a total for all Councillors.

· Future reports will be provided to Council at six monthly intervals, in August and February each year.

· It is recommended that Council note the contents of the Report.

RECOMMENDATION

THAT Council note, details regarding the provision of Councillor expenses and facilities for the period from July 2018 to June 2019 have been tabled in accordance with the Councillors’ Expenses and Facilities Policy.

PURPOSE

The purpose of this Report is to fulfil the requirements of Clause 15 of the Councillors’ Expenses and Facilities Policy which requires regular reporting of the details of expenses incurred, and cost of facilities provided, for each Councillor. The Report is to include expenditure grouped according to specific categories, summarised by individual Councillor and as a total for all Councillors.

BACKGROUND

The Councillors’ Expenses and Facilities Policy requires that a report on the provision of expenses and facilities to Councillors be tabled at a Council Meeting at regular intervals. The relevant Clause states:

15.1 Council will report on the provision of expenses and facilities to councillors as required in the act and regulations.

15.2 Detailed reports on the provision of expenses and facilities to councillors will be publicly tabled at a council meeting every six months and published in full on council’s website. These reports will include expenditure summarised by individual councillor and as a total for all councillors.

This is the first instance of reporting to Council since the adoption of the current Policy. It is noted that when Council adopted the Policy, the main expenses and facilities were as summarised in the table below.

Expense or facility	Maximum amount	Frequency
General travel expenses (other than travel associated with Conferences and Professional Development)	$5,000 total for all Councillors	Per year
Interstate, overseas and long-distance intrastate travel expenses	$0	Per year
Accommodation and meals	As per the NSW Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009, adjusted annually	Per meal/night
Professional development (includes associated travel and subsistence where applicable)	$30,000 total for all Councillors	Per year
Conferences and seminars (includes associated travel and subsistence where applicable)	$35,000 total for all Councillors (Increased to $50,000 in the years where the LGNSW Conference is held outside the Sydney metropolitan region.)	Per year
ICT expenses	$4,500 per Councillor $2,500 per Councillor	Per year (first year of election) Per year (following years of election)
Carer expenses	$2,000 per Councillor	Per year
Home office expenses (equipment and facilities other than stationery)	$300 per Councillor	Per year
Stationery	$3,000 total for all Councillors	Per year
Postage stamps	Provided by Council	Not relevant
Christmas or festive cards	$500 for the Mayor $500 total for all other Councillors	Per year
Access to facilities in a Councillor common room	Provided to all Councillors	Not relevant
Council vehicle and fuel card	Provided to the Mayor	Not relevant
One reserved parking space at Council offices One shared parking space at Council offices	Provided to the Mayor Shared by all Councillors	Not relevant
Furnished office	Provided to the Mayor	Not relevant
Number of exclusive staff supporting Mayor and Councillors	Provided to the Mayor and Councillors	Two
Spousal attendance at conferences	$1,000 for the Mayor $500 per Councillor	Per year
Attendance at non-Council functions	$1,000 for the Mayor $500 per Councillor	Per year

DISCUSSION

When Council last reviewed its Councillors’ Expenses and Facilities Policy in August 2018, it was required to ensure that the Policy was in line with and modelled on the “Councillor Expenses and Facilities Policy – Better Practice Template” issued by the Office of Local Government (OLG).

To ensure greater accountability across councils, and public availability of information regarding expenditure on councillor expenses and facilities, the OLG’s Better Practice Template, and subsequently Council’s adopted Policy, incorporates a requirement to record expenditure for each individual Councillor, as well as a total for all Councillors, across the categories detailed in the above table. Although this report on expenditure covers a 12-month period, future reporting is required to occur at six monthly intervals, and this is intended to be provided in August and February each year.

[N.B. The reporting requirements of the Councillors Expenses and Facilities Policy are in addition to, and provide greater detail than, those which are required by Section 217 of the Local Government (General) Regulation to be included in Council’s Annual Report.]

Since the adoption of the new Expenses and Facilities Policy, Council officers have worked to establish appropriate administrative procedures to ensure that the relevant information is captured in a manner which satisfies the reporting requirements of the Policy. The main issue has been to separate individual Councillor costs associated with attendance at conferences, training, etc which are generally paid as bulk transactions.

The table below provides the required information for the period 1 July 2018 to 30 June 2019. Where an explanation or clarification is required about particular expenditures (marked with an *) comments are provided below the table.

Notes:

* Clauses 6.27(A) and 6.31(A) of the Policy allow for a Councillor to interchange their allocations for conferences and personal development. As Councillor McIntosh incurred expenditure of $8,497 against her allocations for conferences/personal development (totalling $8,000), she will reimburse Council the excess of $497.

** Councillor Hutchence incurred expenditure of $4,427 on ICT expenses. These expenses were charged against his first-year allocation of $2,000 under Clause 6.34A of the Policy and his annual allocation of $2,500 under Clause 6.32 of the Policy. (N.B. The first 12 months of the Council term ended on September 2018 which was within the 2018/19 financial year. Most other Councillors utilised their “first year” allocation in the 2017/18 financial year.)

*** Christmas/Festive Cards - Expenditure of $1,500 on Christmas and Festive cards was incurred during 2018/19. In supporting this expenditure, it was recognised that the sending of the cards by the Mayor, at least in part, represented festive greetings on behalf of the General Manager, Councillors and staff across the organisation.

Now that Council has the knowledge of actual expenditure for a full 12-month period against all categories, it is recognised that refinement of allocations may be necessary in future years for some categories. Where required in 2018/19, the General Manager has utilised his delegation to approve minor variances of expenditure against budget within the categories, noting that the overall expenditure across all categories was well within the total budgeted allocation for all expenses and facilities.

BUDGET

The categorisation and reporting of expenditure in respect of Councillors’ expenses and facilities in the manner required and presented within this Report assists with the monitoring of expenses for that provision within Council’s adopted budget. The expenses reported for the 2018/19 period (of $49,532) fall well within the total provision for the year ($148,000) and have been approved as required by the General Manager or other staff under delegation.

POLICY

The Report meets the requirements of the provisions of Section 15 of Council’s Councillors’ Expenses and Facilities Policy.

CONCLUSION

The Councillors’ Expenses and Facilities Policy requires details of expenditure and the provisions of facilities to Councillors, summarised by individual Councillor and expense category, as well as a total for all Councillors, to be presented to Council at an open meeting. The expenditure by Councillors is approximately $100,000 below the maximum allocations provided in the Policy. This Report provides the relevant information as required by the Policy and ensures all statutory requirements are met.

RESPONSIBLE OFFICER

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

Robyn Abicair

Manager - Governance and Customer Service

Corporate Support Division

Glen Magus

Director - Corporate Support

Corporate Support Division

Attachments:

There are no attachments for this report.

File Reference: F2004/09552-02

Document Number: D07766644

Director's Report No. EH1/19

Community and Environment Division

Date of Meeting: 13/11/2019

6 WATER QUALITY MONITORING PROGRAM AND REPORT

EXECUTIVE SUMMARY

· Healthy waterways are highly valued by the community of Hornsby Shire and Council has been monitoring water quality since 1994.

· The objectives of Council’s current Water Quality Monitoring Program are to advise and inform the community and Council management actions on catchment health, public health and environmental intelligence. A Waterway Health Review (1995 – 2017) has been completed using data from 35 long-term monitoring sites. The review provides a comprehensive understanding of the spatial and temporal variability and current condition of our creek, estuary and river systems in combination with recommended management actions to protect our waterways into the future.

· Significant findings of the Waterway Health Review (1995 – 2017) include:

o In general water quality at the majority of long-term freshwater sampling sites has remained relatively stable despite an ever-growing population and increasing development pressure.

o Waterways in urban areas generally have poor water quality through time.

o Long-term improvements in water clarity have been achieved at many freshwater sites, however, persistently elevated nutrient concentrations, electrical conductivity and pH remain an issue.

o Long-term improvements in phosphorus concentrations have been achieved at two out of three (Larool Creek, Thornleigh and Sam’s Creek, Mt Kuring-gai) monitoring sites associated with industrial land use.

o Estuarine sites in the Hawkesbury River are influenced by impacts from the wider Hawkesbury-Nepean system, particularly in relation to nutrient enrichment.

o Most sources of faecal bacteria in both fresh and estuarine waterways are associated with pulse, or intermittent, pollution events that are likely to be rainfall related.

o Significant improvements in nutrient concentrations are evident following the completion of Sydney Water upgrades to the Hornsby Heights and West Hornsby Wastewater Treatment Plants in 2003, however no further improvements are evident since this time.

RECOMMENDATION

THAT the contents of Director’s Report No. EH1/19 be received and noted.

PURPOSE

The purpose of this Report is to:

1. Present Council with the Waterway Health Review (1995-2017).

2. Inform Council on the status of the current Water Quality Monitoring Program.

3. Provide Council with information on the future of the Water Quality Monitoring Program.

BACKGROUND

At the 8August Ordinary Meeting, Council considered Notice of Motion (No. NOM20/18) and resolved

THAT Council officers present via an informal workshop of Council information relating to the water quality and the health of Berowra Creek, opportunities to further inform and engage the community on water quality matters, and integrated approaches to managing our waterways.

In response, an informal workshop was held on 3 October 2018 at which staff presented Council’s approach to water quality monitoring, results obtained and current response. From the workshop Councillors requested a further report on the long-term monitoring program, which is attached to this report.

DISCUSSION

The Hornsby Shire Local Government Area contains a mix of natural bushland, urban, industrial and rural land uses. These land uses have both indirect and direct impacts to water quality and quantity which influence waterway health. Knowing the impacts of these land uses upon waterways is important to ensure they are ameliorated, and catchment health is protected.

Within the Hornsby Shire there are four major water catchments: Berowra Creek, Cowan Creek, the Hawkesbury River and Lane Cove River. In these catchments the monitoring program includes estuarine and freshwater sites, stormwater harvesting systems, wastewater treatment plants, former landfill sites and catchment remediation devices.

To understand the health of catchments, Hornsby Shire Council has maintained a long-term water quality monitoring program. Council established the water quality monitoring program in 1994 to;

· Collect information to improve catchment knowledge

· Gain an understanding of the condition of local waterways

· Assess the impact of land use on waterway condition

· Monitor how waterway conditions change through time

· Inform natural resource management decisions to improve waterway condition

In October 2017 Council began a new program called Ecohealth to continue these objectives through time. This program was chosen to utilise new approaches and understandings of how catchment health is assessed and provides novel approaches (such as web-based reporting and “report card” frameworks) for the presentation of the results to the community.

Waterway Health Review (1995 – 2017)

Over the past 25 years Council has undertaken monitoring at more than 180 water quality sites, which includes 35 long-term water quality monitoring sites and 6 real time monitoring buoys located in the Hawkesbury River estuary. The remainder of the sites were established for a range of purposes:

· Assessing the effectiveness of catchment remediation devices

· Assessing the effectiveness of stormwater harvesting and reuse systems

· Assessing the water quality in Hornsby Quarry

· Monitoring impacts from legacy pollutant sites (e.g. disused landfills)

· Monitoring impacts from Wastewater Treatment Plants (WWTPs)

· Investigating short-term aquatic ecosystem health

· Investigating pollution events

· Investigating the suitability of reference sites

· Investigating the quality of stormwater in urban areas

Water is sampled at sites for turbidity, temperature, dissolved oxygen, electrical conductivity, pH, suspended solids, nutrients (nitrogen and phosphorus) and faecal bacteria.

At the estuarine site’s biotic indicators of chlorophyll, a and phytoplankton (microalgae) are sampled. The six estuarine remote monitoring buoys also provide real time data for temperature, turbidity, salinity and chlorophyll a.

The effectiveness of wastewater treatment plants (West Hornsby and Hornsby Heights) are monitored at estuarine sites to determine their impact on receiving waters. Further to this, Council has used water quality data to successfully lobby Sydney Water for improvements to wastewater management in Hornsby Shire and continues to work closely with Sydney Water to ensure improved water quality outcomes are achieved.

The purpose of the Waterway Health Review was to describe the (relatively) long-term trends in water quality and conformity with guideline values at the 35 long-term monitoring sites. The review clearly demonstrated the best water quality is found where catchments remain primarily undisturbed, usually in National Parks and Nature Reserves.

Other trends show declines in water quality downstream of urban and rural settlements, declining even further with closer proximity to urban or rural developments, and the most impacted water quality associated with industrial land use or point sources of pollution.

With a growing population and continuously changing catchments, the pressures on water quality in Hornsby Shire will only increase. Climate stressors on waterways are also expected to intensify with climate change projections indicating the occurrence of more extreme weather events; longer drier droughts and more intense rainfall events against the backdrop of increasing temperatures.

This Review provides a comprehensive understanding of the spatial and temporal variability and current conditions of our creek, estuary and river systems and identifies future management actions (Table 1) to protect Hornsby Shire’s highly valued local waterways into the future.

The current Water Quality Monitoring Program is wholly funded by the Catchments Remediation Rate with periodic funding being received from the NSW State Governments Coastal Management Program. Continuation of the existing catchment health and public health components of the program will not require additional funding.

However, as further targeted investigations and Review recommendations are implemented some additional resources may be required. Prioritisation of programs and allocation of resources will take place through the development of Council’s annual operational plan and budget.

Table 1 presents specific recommendations from the Waterway Health Review (1995-2017) and expected budgetary requirements.

Site Specific Recommendation	Expected Budget	Funding Source	Timing	Strategic link
Collaboration with State Government agencies (i.e. EPA) and industry to identify opportunities to reduce sources of pollutants to improve the management of industrial developments	$15,000 Education program	Grant	2019-ongoing dependent upon grant availability	Water sensitive cities
Develop a partnership with Parramatta City Council to collaboratively manage Devlins Creek	No additional budget required		2019-ongoing	Water sensitive cities
Education and collaboration with holiday park operators to minimise impacts from these settlements	$10,000 education program	Prioritisation of existing resources	2021-22	Water sensitive cities
Education and collaboration with landholders to minimise impacts from rural activities	$10,000 education program	Prioritisation of existing resources	2022-23	Water sensitive cities
Education and collaboration with marina operators and boat users to minimise impacts from these activities	$10,000 education program	Prioritisation of existing resources	2020-21	Coastal Management Plan
Education and collaboration with riverside residents to minimise impacts from these settlements	$10,000 education program	Prioritisation of existing resources	2019-20	Coastal Management Plan
Ongoing collaboration with residents to minimise the impacts of Onsite Water Management Systems	$10,000 education and compliance program	Prioritisation of existing resources	Ongoing	Water Sensitive Cities
Ongoing collaboration with stakeholders for a coordinated approach to the management of risks to local aquaculture and commercial fishing operations	No additional budget required		Ongoing	Coastal Management Plan
Ongoing collaboration with Sydney Water to improve the management of wastewater	No additional budget required		Ongoing	Water Sensitive Cities
Suitability for recreational use to be informed by Council’s web-based swimming maps	No additional budget required		Ongoing	Coastal Management Plan
Continued monitoring for local reference conditions	No additional budget required		2019 – ongoing	Water Sensitive Cities
Investigate variability in water quality data and the association with rainfall events	No additional budget required		2020 – ongoing	Coastal Management Plan
Monitoring and assessment of bacteria levels to identify and manage risks in recreational waters	No additional budget required		Ongoing	Coastal Management Plan
Ongoing monitoring for catchment health assessment via the Ecohealth program	No additional budget required		2017 – ongoing	Water Sensitive Cities
Ongoing monitoring to identify and manage risks associated with algae blooms	Possibility for grant funded research programs	Grant	Dependent upon grant availability	Coastal Management Plan
Ongoing remote monitoring of estuarine conditions	Funding from the Estuary Management Program		2002 – ongoing	Coastal Management Plan
Targeted monitoring to assess changes following the implementation of any management actions	No additional budget required		As required (ongoing)	Water Sensitive Cities
Targeted monitoring to assess changes since the completion of the Galston and Glenorie Wastewater Scheme (i.e. improved water quality)	No additional budget required		2019 – ongoing	Water Sensitive Cities
Targeted monitoring to assess changes since the completion of the Cowan Wastewater Scheme (i.e. improved water quality)	No additional budget required		2016 – ongoing	Water Sensitive Cities
Development of a Coastal Management Program for the coordinated management of the Hawkesbury River and estuarine tributaries	Funding from the Estuary Management Program	Stage 1 funded from Grant. Future stages require co-contribution from partner councils.	2019 – ongoing
Implementation of stringent sediment and erosion control standards in the Shire	$10,000 Sediment and erosion control education	Prioritisation of existing resources	Ongoing	Water Sensitive Cities
Improved collaborative management of risks from legacy landfills	Staff support for legacy landfill project	Prioritisation of existing resources	2019 – ongoing	Landfill remediation
Maintain high sediment and erosion control standards	Compliance officers	Existing resources	Ongoing	Water Sensitive Cities
Protection of the bushland and riparian zone within the Shires catchments to maintain buffering	No additional budget required		Ongoing	Water Sensitive Cities
Review water quality values and objectives relevant to industrial sites and continue monitoring until objectives are achieved	No additional budget required		2019 – ongoing	Water Sensitive Cities
Further collaborative research specific to estuarine health and ecological responses	Grant funded research programs	Grant	Ongoing	Coastal Management Plan
Further investigation of the influence of key SE Australian climate drivers on local reference conditions	Grant funded research programs	Grant	Ongoing	Water Sensitive Cities
Identify further opportunities for WSUD in the shire	No additional budget required		Ongoing	Water Sensitive Cities
Investigate sources of increasing nutrients in the Hawkesbury River	$50,000 source investigation project	Prioritisation of existing resources	Subject to prioritisation through the development of Council’s annual operational plan and budget.	Coastal Management Plan
Investigate sources of nutrients and bacteria in the Shire	$50,000 Source investigation project	Prioritisation of existing resources	Subject to prioritisation through the development of Council’s annual operational plan and budget.	Water Sensitive Cities
Investigate the influence of wet weather events on local conditions	No additional budget required		2017 – ongoing	Water Sensitive Cities
Review of REHVs and suitability of long-term reference sites using targeted short-term reference site data	No additional budget required		2020-21	Water sensitive cities

Current Water Quality Monitoring Program

The objectives of Hornsby Shire Council’s current water quality monitoring program are to advise and inform the community and Council on:

· Catchment Health (long-term)

· Public Health (long-term)

· Environmental Intelligence (targeted projects with discrete timeframes)

These objectives are in line with the original aims of Council’s long-term water quality monitoring, however the current program design better enables assessment of the results and translating them into management and environmental outcomes.

Catchment Health - Ecohealth Program

In early 2017, the water quality program was redesigned to incorporate current best practice for water quality monitoring. With this focus, a request for engagement of consultancy was prepared to provide such services.

Following this request, it was decided to incorporate an extensive catchment health-based monitoring program called Ecohealth. This is a comprehensive estuarine and freshwater monitoring program that includes several physical, chemical and biological indicators to determine the health of waterways.

This approach was chosen as the combination of waterway health indicators could identify short-term (water chemistry), intermediate-term (macroinvertebrates), and long-term responses (geomorphology and riparian vegetation) in water quality. The addition of these indicators provides additional knowledge to understand catchment condition which was previously not captured by monitoring water chemistry parameters only.

Further the program provides a robust method for quantifying, reporting and communicating waterway health and prioritising management actions.

Ecohealth monitoring commenced in October 2017 at 33 sites and is undertaken by Hornsby Shire Council and University of New England staff following thorough water quality protocols and the highest the level of quality control.

Of the 33 Ecohealth sites, 19 are existing long-term sites and 14 are new sites selected to improve the spatial representation within catchments. Water chemistry is monitored every quarter whilst macroinvertebrate and riparian vegetation assessments are undertaken during Spring and Autumn of every second year.

Outputs of the Ecohealth program include both scientific technical reports that provide an in-depth presentation and analysis of data, as well as Ecohealth Report Cards presenting waterway health grades targeted towards the local community. The initial round of waterway health grades calculated from the first 2 years of monitoring are expected before the end of 2019.

A web-based data portal to be imbedded in Council’s website is currently under development by Enviroscore.org as part of the Ecohealth contract and is due to be launched before the end of 2019. This will facilitate data storage, data visualisation and reporting of waterway health at site and sub-catchment scales. The website will also incorporate a community portal to facilitate the collation of citizen science data (e.g. Streamwatch data). It is expected that both the web-based data portal and community portal will be operational by the end of 2019.

Public Health

The management of risks associated with water quality for swimming and other recreational activities is an important focus of Council’s Water Quality Monitoring Program.

Following a comprehensive analysis of historical recreational monitoring data, it has been found that bacteria levels exceeding public health thresholds are generally associated with wet weather events.

In response to this finding Council established an event-based monitoring program to improve our understanding of how our waterways recover following rainfall events and refine thresholds for recreational use accordingly. This data is used in conjunction with real-time estuarine monitoring probes and site-specific data analyses to assess the likelihood of bacteria being present at swimming sites. Daily advice on swimming conditions is available via a public web portal www.hornsby.nsw.gov.au/waterquality.

Environmental Intelligence

Gathering environmental intelligence involves the development of targeted investigations, or projects, designed to answer specific waterway health questions. These are often short-term projects with unique sampling, analysis and reporting requirements. Since mid-2017 the following targeted investigations have been undertaken:

· Cockle Creek, Hornsby: (April 2018) Very high bacteria levels were detected during Ecohealth monitoring. Further investigation identified leaking Sydney Water sewer infrastructure nearby. Sydney Water were notified and mobilised an emergency response team to repair, assess and clean-up the site. Repairs have been completed and the fault fixed.

· Jimmy Banks Creek, Hornsby: (April 2018) Leaking Sydney Water infrastructure identified along bushland walking trails. Further water quality sampling identified raw sewer discharge into the creek. Sydney Water were notified and mobilised an emergency response team to repair, assess and clean-up the site.

· Crosslands Reserve: (April 2018) Dye testing of Council and private toilet facilities at Crosslands. No leaks were detected.

· Calna Creek: (May 2018) High Faecal counts were detected upstream of Hornsby Heights Wastewater Treatment Plant. Sampling was conducted upstream of the site with support from Sydney Water. Results indicate the levels were not indicative of a sewage leak and were likely an input from the catchment (e.g. animal faeces).

· Larool Creek: (May 2018) Monitoring during dry weather noted continuous water flow in the creek. Upon investigation in the upper catchment a source was identified and rectified in the industrial area.

· Kirkham Street, Beecroft: (August 2018) Ongoing leaking town water pipe. Hornsby Shire Council worked with Sydney water to have loggers installed to confirm leakage. The leak was identified and repaired in August 2018.

· Lawrence Street, Pennant Hills: (May 2019) Continuous water flow was reported during dry conditions. Sampling was undertaken, and results indicated it was not potable water however slightly elevated bacteria levels have triggered further monitoring. Not yet resolved.

· Fulbourne Avenue, Pennant Hills: (June 2019) Ongoing seepage on the nature strip. Sampling was undertaken, and results determined the seepage was not potable water or a sewage leak. Slightly elevated bacteria levels triggered further monitoring however it is likely to be catchment base input (e.g. animal waste).

· Mullion Avenue, Hornsby Heights: (August 2019) Continuous water flow was observed during dry weather. Sampling was undertaken, and results indicated that it was not potable water. Observations are continuing at this site.

· Monthly monitoring of Cherrybrook Lakes, Kalang Road sediment pond, Larool Creek biofilter and the Community Nursery stormwater harvesting, treatment and reuse system to assess the performance of these catchment remediation devices.

· Quarterly monitoring of former landfill sites at Wisemans Ferry to meet licencing conditions and Arcadia Oval and Foxglove Oval to assess the performance of the leachate collection and treatment systems.

· Targeted sampling following significant rainfall events at two Berowra Creek sites to further improve our understanding of how rainfall impacts Berowra Creek and how it recovers in the days and weeks following the event.

· Annual assessment of stormwater harvesting, treatment and reuse systems for the irrigations of recreational parks and ovals.

BUDGET

However, as further targeted investigations and Review recommendations are implemented there may be additional budgetary requirements, as identified in Table 1. The education programs listed may be incorporated into the existing CRR education program in which there will be improved economies of scale and no additional budget requirement. It is also expected that some projects may be more appropriately funded through other Council programs (e.g. planning and compliance initiatives), or through external grants (e.g. research projects).

Prioritisation of programs and allocation of resources will take place through the development of Council’s annual operational plan and budget.

POLICY

There are no policy implications associated with this Report.

CONCLUSION

Whilst the importance of long-term monitoring cannot be understated, it is imperative that Council’s Water Quality Monitoring Program is able to adapt to incorporate new and emerging issues. Data needs to be reliable, relevant and integrated with other Council programs to ensure the best outcomes for local waterway health are achieved.

· The Waterway Health Review (1995 – 2017) has clearly demonstrated common land use issues, identified temporal trends in specific water quality parameters and generated further monitoring and information requirements. Significant findings of the Review include:

o In general water quality at the majority of long-term freshwater sampling sites has remained relatively stable despite an ever-growing population and increasing development pressure.

o Waterways in urban areas generally have poor water quality through time.

o Long-term improvements in water clarity have been achieved at many freshwater sites, however, persistently elevated nutrient concentrations, electrical conductivity and pH remain an issue.

o Long-term improvements in phosphorus concentrations have been achieved at two out of three (Larool Creek, Thornleigh and Sams Creek, Mount Kuring-gai) monitoring sites associated with industrial land use.

o Estuarine sites in the Hawkesbury River are influenced by impacts from the wider Hawkesbury-Nepean system, particularly in relation to nutrient enrichment.

o Most sources of faecal bacteria in both fresh and estuarine waterways are associated with pulse, or intermittent, pollution events that are likely to be rainfall related.

Upon review of the long-term monitoring program refinements were made to focus on outcome-based monitoring programs that are appropriately evaluated and adapted to continually achieve program objectives. With the addition of the Ecohealth program, incorporation of best practice methodologies and maintaining the objectives of long-term monitoring program can be continued through time.

With a growing population, an increasing demand on water supply and wastewater services, continually changing catchments and uncertainty around the impacts of a changing climate it is crucial that Council maintains an ongoing water quality monitoring program to inform management actions that protect Hornsby’s highly valued waterways and natural environments.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is Manager Natural Resources – Dr Peter Coad who can be contacted on 9847 6766.

Peter Coad

Manager - Natural Resources

Community and Environment Division

Stephen Fedorow

Director - Community and Environment

Community and Environment Division

Attachments:

1.⇨

Waterway Health Review

File Reference: F2004/06708

Document Number: D07635787

Director's Report No. PL26/19

Planning and Compliance Division

Date of Meeting: 13/11/2019

8 PLANNING PROPOSAL - HOUSEKEEPING AMENDMENT 2019

EXECUTIVE SUMMARY

· On 3 July 2018, Council entered into a funding agreement with the Department of Planning, Industry and Environment (DPIE) under its Accelerated Local Environmental Plan Review program (LEP Review). The LEP Review program requires Council to prepare a Planning Proposal to amend the Hornsby Local Environmental Plan 2013 (HLEP 2013) by 30 June 2020.

· The attached Planning Proposal incorporates some of the key matters on which Council has a resolved policy position and other housekeeping matters identified through certain Accelerated LEP Review studies. It is anticipated that further amendments to Council’s planning controls will be informed when the current program of strategic studies is completed in 2020.

· The Planning Proposal is consistent with one of the highest strategic priorities outlined in Council’s draft Local Strategic Planning Statement to promote design excellence for new housing.

· On 24 September 2019, the Local Planning Panel reviewed and provided advice on the Planning Proposal in accordance with the Local Planning Panels Direction. The advice from the Local Planning Panel is that it supports the Planning Proposal subject to minor amendments (minutes attached).

RECOMMENDATION

THAT:

2. Preliminary, non-statutory consultation be conducted with affected land owners immediately, given the tight timeframes of the Accelerated LEP Review.

3. The Planning Proposal be publicly exhibited in accordance with the Gateway Determination and consultation strategy identified in this report.

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

PURPOSE

The purpose of this Report is to present a Housekeeping Amendment Planning Proposal (Planning Proposal) prepared as a key deliverable under the Department of Planning, Industry and Environment’s (DPIE) Accelerated LEP Review Program.

BACKGROUND

On 3 July 2018, Council entered into a funding agreement with the DPIE, which provides $2.5m towards the following projects:

1. Environmental Sustainability Strategy

1.1. Urban Forest Strategy

1.2. Water Sensitive Hornsby

1.3. Biodiversity Management Plan update

1.4. Urban Heat mapping

1.5. Climate Change Adaptation

2. Comprehensive Heritage Study

2.1. Heritage Action Plan

3. Community and Cultural Facilities Strategic Plan update

4. Hornsby Town Centre Review

5. Local Housing Strategy

6. Active Living Strategy

6.1. Play Plan

6.2. Walking and Cycling Strategy

7. Rural Lands Study

8. Economic Development and Tourism Strategy

9. Employment Land Use Study

The above projects are at various stages of completion with many expected to be completed in early 2020. It is anticipated that the studies will inform future amendments to Council’s Planning Controls when they are completed. Therefore, the Planning Proposal, incorporates some of the key matters on which Council has a resolved policy position.

The Planning Proposal is consistent with one of the highest strategic priorities for Council and gives direct effect to Liveable Priority 2 and Liveable Action 4 of the draft Hornsby LSPS, which state:

· Liveable Priority 2. Promoting design excellence for new housing.

· Liveable Action 4. Prepare and adopt the Design Excellence Planning Proposal and forward to Department of Planning, Industry and Environment for a Gateway Determination.

The Planning Proposal also includes several rezonings to reflect the current use of land and correction of heritage listing misdescriptions or anomalies.

Further details regarding the proposed amendments to the HLEP 2013 are discussed below.

DISCUSSION

This report presents the Housekeeping Planning Proposal for endorsement by Council to seek a Gateway Determination to enable formal community consultation.

The objectives of the draft Planning Proposal are to:

· Deliver the highest standard of architectural and urban design for all residential flat buildings and townhouses.

· Improve the design outcomes for 5-storey residential flat buildings by removing the ability to include mezzanine levels.

· Correct three zoning anomalies and allow an additional permitted use on one site to reflect longstanding uses.

· Reflect the expansion of Marramarra National Park.

· Correct minor heritage anomalies in Schedule 5.

1. Proposed amendments

The background to each of the amendments and associated change sought to the HLEP 2013 are detailed below.

1.1. Design Excellence

At its meeting on 8 November 2017, Council considered two Notices of Motion (NOM13/17 and NOM14/17) relating to concerns raised in the community regarding the built form outcomes of Council’s previous housing strategies and other matters and resolved that Council:

· Conduct a design excellence review of relevant planning controls to inform amendments to the Hornsby Local Environmental Plan 2013 and Development Control Plan 2013 (HDCP 2013).

· Consider the expansion of the scope of the Design Excellence Review Panel.

· Expand the application of the design excellence clause to include all residential flat buildings and townhouses, regardless of height.

Architects Johannsen and Associates (AJA) were subsequently engaged to prepare the ‘Hornsby Shire Council Design Excellence and Residential Development Review’ which identified amendments to the HDCP 2013 (in force as of 10 January 2019), recommended the establishment of a Design Excellence Review Panel (to be appointed by end of 2019) and amendments to the HLEP 2013.

At its meeting on 10 October 2018, Council resolved to prepare a Planning Proposal to amend the HLEP 2013 to implement the recommendations of Council’s design excellence review, including the following LEP amendments:

Expanding the application of Clause 6.8 ‘Design Excellence’

The design excellence considerations of HLEP 2013 currently apply to development with a building height greater than 29.6m. One way to interpret Clause 6.8 is that any building of 29.6m or below is therefore not required to exhibit design excellence.

The principles and matters identified in the Clause are general in nature and are relevant to numerous built forms and development proposals irrespective of height. Massing, scale, relationship to the street, impacts such as visual privacy and acoustics, are as relevant to dual occupancy development as to a tower in a town centre.

The Design Excellence Review recommended expanding the application of Clause 6.8 to “all development, regardless of height or type”. Accordingly, the Planning Proposal seeks to expand the application of the clause to attached dwellings, multi dwelling housing and shop top housing regardless of height to address the design quality concerns related to those specific development types. It is noted that for attached dwellings and multi dwelling housing, the Clause will apply for development with three or more dwellings.

Reducing the Height of Buildings (17.5m to 16.5m)

There have been many developments within Council’s Housing Strategy Precincts (2011) where the HLEP 2013 height limit of 17.5m in conjunction with upper level setbacks has resulted in a ‘mezzanine’ form incorporating two floors which is disproportionate with the overall scale of 5-storey development.

Upper levels of developments based on the ‘mezzanine’ roof principle have often not achieved the best quality design outcome with a ‘top heavy’ appearance.

Reducing the maximum height of buildings development standard for all land subject to the 17.5m standard to 16.5m will retain the density and 5-storey built form while removing the ‘top heavy’ appearance of these buildings. The change will also result in compliance with the Apartment Design Guide (ADG) for floor to ceiling heights and improved internal amenity.

Proposed amendments

· Expand the application of Clause 6.8 ‘Design Excellence’ to apply to attached dwellings, multi dwelling housing and shop top housing, regardless of height.

· Amend the Height of Buildings Map to reduce the permitted height of 5 storey residential flat buildings from 17.5m to 16.5m.

1.2. Correcting Zoning Anomalies and Schedule 1 Amendment

On 14 January 2019, Council engaged consultants (Hill PDA) to prepare the draft Hornsby Employment Land Use Study 2019 (ELUS) which is an update of Council’s current employment study. Through early investigations conducted to determine the quantity and quality of existing employment lands, the consultant has identified several minor anomalies that could be corrected as housekeeping matters under the HLEP 2013. A summary of the background for each of the proposed rezonings is included below.

Property Nos. 1-5 Peter Close, Hornsby Heights

The property at Nos. 1-5 Peter Close, Hornsby Heights is zoned B1 Neighbourhood Centre and was historically used for commercial purposes until 1998 when development consent was granted for ‘Demolition of existing shopping centre’ (DA/2109/1999) and ‘Construction of 10 medium density residential units and strata subdivision’ (DA/870/1998). It is proposed to rezone the property from B1 Neighbourhood Centre to R2 Low Density Residential, consistent with the surrounding area. The property has been used exclusively for residential purposes since.

Property No. 5 Arcadia Road, Galston

The property at No. 5 Arcadia Road, Galston is zoned B1 Neighbourhood Centre. Development consent was granted for the construction of 25 x townhouses (DA/314/1998) and strata subdivision (SC/19/2010). The property has been used exclusively for residential purposes since and is proposed to be rezoned to R2 Low Density Residential, consistent with the surrounding residential zone for Galston Village.

Property No. 344 Galston Road, Galston

The property at No. 344 Galston Road, Galston is zoned R2 Low Density Residential and is currently operating as a food and drink premises. Development consent was granted for a ‘change of use of part of the existing building for office premises’ (DA/2421/2001) and has since evolved to its current use of the entire property for commercial purposes. Amending Schedule 1 of the HLEP 2013 to allow for ‘restaurant or café’ as an additional permitted use on the site permits its ongoing commercial use without undue impact on the adjoining residential properties. In this case, the actual and potential impacts of the current café use are known and have a demonstrated compatibility with the adjoining properties.

Additional information regarding each of the above properties is detailed in Part 3, Question 1 of the Planning Proposal.

Proposed amendments

· Rezone property Nos. 1-5 Peter Close, Hornsby Heights from B1 Neighbourhood Centre to R2 Low Density Residential.

· Rezone property No. 5 Arcadia Road, Galston from B1 Neighbourhood Centre to R2 Low Density Residential.

· Amendment Schedule 1 ‘Additional permitted uses’ to allow ‘restaurant or café’ as an additional permitted use at property No. 344 Galston Road, Galston.

1.3. Extension of Marramarra National Park

On 9 September 2019, Council received notice from the NSW National Parks & Wildlife Service that a Government Gazette was published on 6 September 2019 for the expansion of Marramarra National Park up to Coba Point, Berowra Creek. The notice advised that the HLEP 2013 should be amended to reflect the reservation of land under the National Parks & Wildlife Act 1974. Additional information regarding the notice of reservation is detailed in Part 3 Question 1 of the Planning Proposal.

Proposed amendment

· Rezone land identified at Coba Point from E4 Environmental Living to E1 National Parks and Nature Reserves.

1.4. Correction of minor heritage anomalies

A list has been compiled internally that identifies minor anomalies to item names, property addresses and/ or title details which have been identified within Schedule 5 of the HLEP 2013. No additions or deletions of heritage items or conservation areas is proposed. The heritage anomalies predominantly relate to Lot and DP information that has either changed since listing of the properties or where listings cover multiple properties and only one of the properties has been identified in the Schedule.

Proposed amendments

· Amend Schedule 5 – Environmental Heritage of the HLEP 2013 to correct 40 identified anomalies (refer to Appendix D of the Planning Proposal).

2. Strategic and Statutory Context

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

2.1. 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, liveability, 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, aiming to deliver the highest standard of architectural and urban design for all residential flat buildings and townhouses as well as rationalising minor land use and zoning anomalies within the HLEP 2013. For further detail, refer to Section B.3 of the Planning Proposal.

2.2. 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 relevant Directions for this Proposal include:

Direction 1.1 - Business and Industrial Zones

The objectives of the Direction are:

(a) Encourage employment growth in suitable locations

(b) Protect employment land in business and industrial zones

(c) Support the viability of identified centres

The Planning Proposal seeks to rezone two properties (Nos. 1-5 Peter Close, Hornsby Heights and No. 5 Arcadia Road, Galston) from B1 Neighbourhood Centre to R2 Low Density Residential which is inconsistent with the Ministerial Direction. However, in this instance the land to be rezoned has development consent for residential land uses and has also been strata subdivided. In both instances, the residential land uses are longstanding (over 20 years) and it is reasonable to amend the HLEP 2013 to reflect these situations.

The Planning Proposal also seeks to amend Schedule 1 to allow a ‘restaurant or café’ as an additional permitted use at Property No. 344 Galston Road, Galston to reflect the current commercial use that has been operating on the site for a long period of time.

The Planning Proposal is consistent with (5)(d) of Direction 1.1 as the proposed zoning amendments are correcting identified anomalies and therefore of minor significance.

Direction 2.1 - Environmental Protection Zones

The objective of this Direction is:

(a) To protect and conserve environmental sensitive areas

The Planning Proposal is consistent with this Direction as it would facilitate the management and appropriate use of the land at Coba Point, Berowra Creek by changing the land zoning from E4 Environmental Living to E1 National Parks and Nature Reserves to align with the extension of the Marramarra National Park.

Amending the zoning to E1 National Parks and Nature Reserves would accurately identify and protect land that is reserved under the National Parks and Wildlife Act 1974 and enable land uses authorised under the E1 Zone.

Direction 2.3 - Heritage Conservation

The objective of this Direction is:

(a) To conserve items, areas, objects and places of environmental heritage significance and indigenous heritage significance.

The Planning Proposal is consistent with this Direction as it facilitates accurate identification of heritage items to conserve their natural and cultural values and ensuring they are appropriately protected.

Direction 3.1 Residential Zones

The objectives of the Direction are:

(a) To encourage a variety and choice of housing types to provide for existing and future housing needs.

(b) To make efficient use of existing infrastructure and services and ensure that new housing has appropriate access to infrastructure and services.

(c) To minimise the impact of residential development on the environment and resource lands.

The Planning Proposal is consistent with this Direction as it encourages design excellence for a broader range of development types and addresses an unintended design outcome (mezzanine levels) for 5-storey residential flat buildings which will minimise the impact of residential development on the environment.

Importantly, the proposed design excellence provisions and reduction in height to 16.5m will not reduce the residential density of any land nor undermine Council’s capacity to continue to meet its housing targets under the North District Plan. As such, the Planning Proposal does not contain provisions which will reduce the permissible residential density of land to which the amendment applies and will promote good design as required under the Direction.

Direction 4.4 - Planning for Bushfire

The objectives of the direction are:

(a) To protect life, property and the environment from bush fire hazards, by discouraging the establishment of incompatible land use in bushfire prone area.

(b) To encourage sound management of bush fire prone areas.

The Planning Proposal will be forwarded to the Commissioner of the NSW Rural Fire Service for comment following receipt of a Gateway Determination and prior to undertaking community consultation in accordance with Section 3.34 of the Environmental Planning and Assessment Act 1979.

The Ministerial Direction also requires consideration of ‘Planning for Bushfire Protection 2006’ (NSWRFS) when rezoning land to residential within bushfire prone land. Part of the site at Property Nos. 1-5 Peter Close, Hornsby Heights is bushfire prone and will be rezoned from B1 Neighbourhood Centre to R2 Low Density Residential. Refer to Section B.6 of the Planning Proposal for a detailed response to the bushfire planning principles.

2.3. Hornsby Community Strategic Plan - Your Vision Your Future 2028

The Hornsby Community Strategic Plan ‘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 through the following:

· FA2 Identifying, protecting, creating and providing access to places and spaces for people

· FA3 Giving people housing choices

· FA4 Community wellbeing and neighbourhood amenity

· FA8 Adapting to a changing environment

The Planning Proposal is generally consistent with the above Focus Areas, aiming to deliver the highest standard of architectural and urban design for attached dwellings, multi dwelling housing and shop top housing as well as correcting zoning, land use and Schedule anomalies.

2.4. Draft Hornsby Local Strategic Planning Statement

On 14 August 2019, Council adopted the draft Hornsby Local Strategic Planning Statement (LSPS) which 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.

The Planning Proposal is consistent with one of the highest strategic priorities for Council and gives effect to Liveable Priority 2 and Liveable Action 4 of the draft Hornsby LSPS, which state:

· Liveable Priority 2. Promoting design excellence for new housing

· Liveable Action 4. Prepare and adopt the Design Excellence Planning Proposal and forward to Department of Planning, Industry and Environment for a Gateway Determination

Further information is outlined in Section B.4 of the Planning Proposal.

2.5. Hornsby 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 2019 and resolved to publicly exhibit the document. The Heritage Gap Analysis and Action Plan 2019 will be used to prioritise and inform the scope a Comprehensive Heritage Study.

The proposed amendments to Schedule 5 of the HLEP 2013 include corrections to 40 identified anomalies in item names, property descriptions and property addresses as well as adding an existing heritage item to the HLEP 2013 Heritage Maps as it was not originally identified on the Heritage Maps. The intent of these amendments is not to add or delete heritage items but rather to correct existing errors.

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

2.6. Housing Strategy

Council has a proven track record of responding to the implementation of State Government urban consolidation objectives and is well placed to meet its share of dwelling obligations under the framework within the North District Plan.

The proposed amendment to the Height of Buildings (HOB) development standard relates to housing strategy precincts identified under the Hornsby Shire Housing Strategy 2011. In this case, the proposed amendment seeks to address design related concerns with ‘mezzanine’ levels on 5-storey residential flat buildings.

Therefore, the Planning Proposal will not undermine Council’s ability to meet adopted dwelling targets under the North District Plan.

2.7. Hornsby Local Environmental Plan 2013

The Planning Proposal has been prepared having regard to the following provisions of the Hornsby Local Environmental Plan 2013 (HLEP 2013):

2.7.1. Height of Building Map

The Planning Proposal would require all land with a Height of Buildings (HOB) development standard of 17.5 metres to be amended to 16.5 metres. For further information relating to the affected land, refer to Part 4 – Mapping of the Planning Proposal.

2.7.2. Design Excellence

Clause 6.8 Design excellence of the HLEP 2013 sets out urban design and development principles and matters that must be considered for development involving the erection of a new building or external alterations to an existing building with a height of more than 29.6 metres.

The objective of this clause is:

(1) To deliver the highest standard of architectural and urban design

The Planning Proposal seeks to expand the application of Clause 6.8 Design Excellence to attached dwellings, multi dwelling housing and shop top housing regardless of height to address design quality concerns related to those specific types of developments.

2.7.3. Schedule 1 Additional permitted uses

The Planning Proposal seeks to add the site at Property No. 344 Galston Road, Galston (Lot 1 DP 6567743) to Schedule 1 – ‘Additional Permitted Uses’. This will allow a ‘restaurant or café’ use to be permitted with development consent to align with the existing commercial operation within an R2 Low Density Residential Zone.

2.7.4. Schedule 5 Environmental heritage

The Planning Proposal seeks to correct 40 anomalies which include errors in heritage item names, property addresses and property descriptions. There are no additional items proposed nor are there the deletion of any items. For further detail of each anomaly, refer to Appendix D of the Planning Proposal.

2.7.5. Maps

The Planning Proposal seeks to amend the Land Zoning Map, Height of Buildings Map and Heritage Map of the HLEP 2013. For further detail regarding the proposed mapping for each property, refer to Part 4 – Mapping of the Planning Proposal.

2.8. Hornsby Development Control Plan

The Hornsby Development Control Plan (HDCP) applies to all land within Hornsby Shire and is a comprehensive framework for the development of land. The HDCP aims to outline procedures, processes and responsibilities to ensure that development is consistent with Council’s vision of maintaining an environment which is sustainable and liveable.

The relevant Parts of the HDCP that would be applicable to the Planning Proposal are Part 1 – General and Part 3 Residential.

Should the proposal receive a Gateway Determination, it will be necessary to update and exhibit the HDCP building height controls to reflect the new 16.5m height standard.

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 to forward it to the Minister or Greater Sydney Commission. The Planning Proposal was referred to Hornsby’s Local Planning Panel on 19 September 2019 and a briefing was held on 24 September 2019.

The Panel noted that:

· The proposed design excellence amendments are one of Council’s highest strategic planning priorities as identified within its draft Local Strategic Planning Statement.

· References to ‘townhouses’ should be amended to the defined terms ‘attached dwelling’ and ‘multi dwelling housing’ in relation to the expansion of the design excellence clause. The proposed expansion of the design excellence clause should explicitly apply to ‘shop top housing’ as this is one of the key development types within centres.

· References in the Planning Proposal to “residential land” should be amended to “residential and mixed-used land”.

· The proposed reduction in height from 17.5m to 16.5m was acceptable given that the setback fifth storey could still be incorporated into the design of residential flat buildings without impact on residential density and with improved design outcomes.

The Panel advised that:

· It supports the progression of the Planning Proposal subject to the minor terminology amendments noted above.

· Given the tight timeframes under the Accelerated LEP Review, early consultation should be conducted with affected land owners to provide additional time for feedback, particularly for properties to which the proposed height reduction applies.

· No objections are raised to the other proposed amendments to zoning, additional permitted use, expansion of the Marramarra National Park and the Schedule 5 heritage amendments.

CONSULTATION

The Planning Proposal is classified as a ‘low impact proposal’ in accordance with “A guide to preparing local environmental plans” prepared by the Department of Planning, Industry and Environment (2018). It is expected that a public exhibition period of 14 days will be required by the Gateway Determination.

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 DPIE. 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.

· Exhibited on the Council website under ‘On Exhibition’ (www.hornsby.nsw.gov.au/onexhibition). Council’s libraries have access to the website.

· Promoted and exhibited on Council’s ‘Future Hornsby’ website (future.hornsby.nsw.gov.au/).

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

· Displayed at the Council Administration Centre, 296 Peats Road, Hornsby and all libraries.

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

The Local Planning Panel recommended that early consultation should be conducted with affected property owners. Therefore, it is recommended that preliminary consultation be conducted prior to Gateway to provide sufficient time for feedback.

BUDGET

Costs associated with this Planning Proposal are covered through the Accelerated LEP Review funds. A payment milestone of $625,000 is linked to the preparation and lodgement of the Planning Proposal to the DPIE by December 2019.

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 Planning Proposal to Gateway Determination, the DPIE 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).

The design excellence provisions of the Planning Proposal fall outside the types of draft LEPs routinely delegated by the DPIE. It is expected that the DPIE will retain the plan making delegations in this instance.

POLICY

The Local Planning Panels Direction – Planning Proposals requires that the Local Planning Panel give its advice on the Planning Proposal before Council considers whether to forward it to the Minister or Greater Sydney Commission. The advice of the Hornsby Local Planning Panel is presented in this report.

CONCLUSION

The Planning Proposal seeks to implement Council’s resolutions in relation to design excellence, correct anomalies and reflect the expansion of the Marramarra National Park. The Planning Proposal is consistent with the strategic planning framework and is a key milestone under the Accelerated LEP Review Program. It is anticipated that further amendments to Council’s planning controls will be informed when the current program of strategic studies is completed in 2020.

Accordingly, it is recommended that Council endorse 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 Katherine Vickery Manager Strategic Land Use Planning, 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.⇨	Hornsby Housekeeping Planning Proposal - October 2019
2.⇨	Minutes - Local Planning Panel - 24 September 2019

File Reference: F2018/00162

Document Number: D07760809

Director's Report No. PL28/19

Planning and Compliance Division

Date of Meeting: 13/11/2019

9 INDEPENDENT PRICING AND REGULATORY TRIBUNAL (IPART) REPORT - REVIEW OF LOCAL GOVERNMENT COMPLIANCE AND ENFORCEMENT

EXECUTIVE SUMMARY

· On 12 July 2012, the NSW Premier commissioned the Independent Pricing and Regulatory Tribunal (IPART) to undertake a review to identify and make recommendations for potential regulatory reforms that could provide savings to business and the community.

· IPART published a Draft Report in May 2014 seeking feedback on 39 draft recommendations.

· In response to submissions on the Draft Report, IPART presented a Final Report (containing 51 recommendations) to the NSW Government in October 2014.

· The Minister for Local Government publicly released the Final Report on 21 June 2019 and requested feedback from the local government industry by 15 November 2019.

· The final recommendations from IPART’s Report have been listed in a table in the Discussion Section of this Report.

· For those recommendations the Government has indicated are open for consultation, a comment is included from the area of Council that has requisite knowledge about the matter or is most affected. It is proposed that the comments form the basis of a submission to the Office of Local Government (OLG) through its online tool.

RECOMMENDATION

PURPOSE

The purpose of this Report is to recommend that Council make a submission to the OLG in respect of recommendations emanating from the June 2019 IPART Final Report titled a “Local Government Compliance and Enforcement”.

BACKGROUND

In recognition of the benefits of reduced regulatory burden, the NSW Government has a target of $750 million in reduced ‘red tape’ costs for business and the community. To assist achieve this target, the NSW Government engaged IPART to undertake a review of local government compliance and enforcement activity in NSW.

The NSW Government identified that councils have 121 regulatory functions, involving 309 separate regulatory roles, emanating from 67 State Acts, which are administered by approximately 31 State agencies. The Government’s objective is to improve the capacity and capability of councils, and the quality of regulatory administration.

In investigating and reporting on the topic, IPART was required to:

· Identify the impacts of the current approach on businesses (especially small business) and the community

· Provide recommendations that would produce net benefits for NSW

· Provide estimates of the regulatory burden reduction (including red tape reductions) for NSW business (especially small business) and the community from the implementation of the recommended reforms

· Provide estimates of the budget implications for Government from implementation of the recommended reforms

The Government’s Terms of Reference were for IPART to investigate and make recommendations by:

a) Identifying any inefficient or unnecessary planning, reporting, compliance or regulatory burdens placed upon local government by NSW State Government legislation, policy or through other means.

b) Developing options to improve the efficiency of local government by reducing or streamlining planning, reporting and compliance burdens.

IPART was also to consider:

· Ways to improve governance of local government compliance and enforcement, including:

a) Roles and responsibilities relative to NSW Government.

b) Interaction, consultation, and co-ordination with NSW Government.

· The current capacity and capability of local government to undertake their regulatory responsibilities, whether and how these can be improved

· Ways of improving the quality of regulatory administration by local government, including consistency of approach, economies of scale and recognition of registration in multiple local government areas

· The culture of regulatory services, in terms of understanding business and considering the economic impacts of their actions

· Issues relevant to priority regulatory areas such as building and construction, parking and road transport, public health and safety, environmental regulation, planning and companion animal management

· Best practice approaches in NSW and in other jurisdictions

· Matters raised in the Productivity Commission's report, "Performance Benchmarking of Australian Business Regulation: The Role of Local Government as “Regulator” and the appropriateness and feasibility of adopting leading practices identified in that report in NSW

· Ways to ensure regular assessment of regulatory performance

· Requisite changes to local government regulatory services that would position them to maximise the opportunities from the review of the planning system

In undertaking the review, IPART was to progressively report to the Better Regulation Office on each of the following:

· Identification of the nature and extent of key regulatory functions undertaken by local government

· Identification of the differences in approach across local government areas

· The areas of local government compliance and enforcement with the greatest regulatory impact on business and the community

· The opportunities for reducing regulatory burdens (highlighting red tape reductions) on business and the community

· Ensure its work complements the review of the Local Government Act 1993

IPART identified the compliance and enforcement burdens imposed on local government through a process of consultation with the industry, including submissions to an Issues Paper and round table discussion with industry and community stakeholders.

IPART published a Draft Report in May 2014 seeking feedback on 39 draft recommendations. Council made a submission in respect of IPART’s Draft Report on 30 June 2014 (Trim No. D03228182).

In response to the submissions it received on the Draft Report and feedback at the Round Table discussions, IPART revised its recommendations from 39 to 42. Sixteen addition findings have been tabled for councils to note.

IPART’s Reports, Decisions, Papers and submissions can be found using the following link -

https://www.ipart.nsw.gov.au/Home/Industries/Special-Reviews/Reviews/Local-Government/Local-Government-Compliance-and-Enforcement?qDh=2

The Minister for Local Government publicly released IPART’s Final Report on 21 June 2019 and has requested that feedback on IPART’s recommendations be provided to the OLG by councils and other interested stakeholders by 15 November 2019. The Minister stated that such feedback will be used by the Government to further inform its response to IPART’s Final Report recommendations.

The Minister also advised that some recommendations concern matters which are the subject of separate consultation and review processes by a range of NSW Government agencies. Those recommendations are not open for consultation and are shaded in the table below.

DISCUSSION

The 42 recommendations contained in IPART’s Final Report are listed in the table below. A comment is included from the area of Council that has requisite knowledge about the matter or is most affected. It is proposed that the comments form the basis of a submission to the OLG through its online tool.

RECOMMENDATIONS	COMMENT
A new partnership between State and local government
1. Subject to cost benefit analysis, the NSW Department of Planning and Environment should engage in a Partnership Model with local government, like the Food Regulation Partnership, to enhance the capacity and capability of councils to undertake their regulatory functions. This should include: · Enshrining the partnership model in legislation · Clear delineation of regulatory roles and responsibilities · Risk-based approach to regulation supported by a compliance and enforcement policy · Use and publication of reported data to assess and assist council performance · Dedicated consultation forum for strategic collaboration with councils · Ability for councils to recover their efficient regulatory costs · System of periodic review and assessment of the partnership agreement · Dedicated local government unit to provide: o Council hotline to provide support and assistance o Password-protected local government online portal o Guidelines, advice and protocols o Standardised compliance tools (e.g., forms and templates) o Coordinated meetings, workshops and training with councils and other stakeholders	Supported, subject to a collaborative approach being used, like the partnership model between council and the Food Authority. Also, like the Food Regulation Partnership Model councils should be broken up into regions that have similar planning and environmental issues.
2. Subject to cost benefit analysis, the NSW Environment Protection Authority should engage in a Partnership Model with local government, similar to the Food Regulation Partnership (as per Recommendation 1).	Supported, subject to a collaborative approach being used, like the partnership model between council and the Food Authority. Also, like the Food Regulation Partnership Model, councils should be broken up into regions that have similar planning and environmental issues.
3. State agencies administering legislation with regulatory responsibilities for local government, such as the NSW Ministry of Health, NSW Office of Liquor, Gaming and Racing, Office of Local Government, and Roads and Maritime Services, should adopt relevant elements of the Partnership Model.	Supported.
Improving the regulatory framework at the State level
4. The Department of Premier and Cabinet should revise the NSW Guide to Better Regulation (November 2009) to include requirements for developing regulations involving regulatory or other responsibilities for local government, in particular: · Consideration of whether a regulatory proposal involves responsibilities for local government. · Clear identification and delineation of State and local government responsibilities. · Consideration of the costs and benefits of regulatory options on local government. · Assessment of the capacity and capability of local government to administer and implement the proposed responsibilities, including consideration of adequate cost recovery mechanisms for local government 84. · Collaboration with local government to inform development of the regulatory proposal. · If establishing a jointly provided service or function, agreement with local government as to the objectives, design, standards and shared funding arrangements. · Development of an implementation and compliance plan.	Supported, subject to councils being able to set their own fees and charges that reflect full cost recovery of the services that councils are required to administer.
5. The NSW Government should establish better regulation principles with a statutory basis. This would require: · Amendment of the Subordinate Legislation Act 1989 (NSW) or new legislation. · Giving statutory force to the NSW Guide to Better Regulation (November 2009) and enshrining principles in legislation.	Not for consultation.
6. The NSW Government should maintain the register of local government regulatory functions (currently available on IPART’s website) to: · Manage the volume of regulation delegating regulatory responsibilities to local government · Be used by State agencies in the policy development of regulations to avoid creating duplications or overlaps with new or amended functions or powers.	Supported – The Partnership Model should facilitate a better understanding of the implications of proposed legislation. A register would be a useful reference tool for councils and other stakeholders for clear direction on where responsibilities lay.
7. The Department of Premier and Cabinet should: · Develop a Regulators’ Code for local government, similar to the one currently in operation in the UK, to guide local government in undertaking enforcement activities. This should be undertaken in consultation with the NSW Ombudsman and State and local government regulators. · Include local government regulators in the Department of Premier and Cabinet’s regulators group. · Develop simplified cost benefit analysis guidance material or a resource kit for local government to undertake proportional assessments of the costs and benefits of regulatory actions or policies, including consideration of alternatives. · Develop simplified guidance for the development of local government policies and statutory instruments, and on risk-based compliance.	Supported. Currently, at Hornsby Council we rely on the model policy supplied by ICAC. A common policy across the State would be a “best practice” solution for all concerned. Also, any resource kit should provide examples and an estimate of what resources councils need to undertake the example investigations.
8. The NSW Ombudsman should be given a statutory responsibility to develop and maintain a more detailed model enforcement policy and updated guidelines for use by councils to guide on-the-ground enforcement: · The model policy should be developed in collaboration with State and local government regulators. · The model policy should be consistent with the proposed Regulators’ Code, if adopted. · The NSW Ombudsman should assist councils to implement the model enforcement policy and guidelines, through fee-based training. All councils should adopt the new model enforcement policy, make the policy publicly available and train compliance staff in exercising discretion and implementation of the policy.	Not for consultation
9. The Local Government Act 1993 (NSW) should be amended to abolish Local Orders Policies (LOPs), as the function of LOPs will be replaced by adoption of the new model enforcement policy.	Supported.
10. The NSW Government should publish and distribute guidance material for: · Councils in setting their regulatory fees and charges (to apply to fees and charges, where councils have discretion). · State agencies in setting councils’ regulatory fees and charges. This guidance material should include principles and methodologies for estimating efficient costs, setting fees and charges and reviewing and updating these fees and charges over time. The guidance material should also include ways to address affordability issues through hardship provisions, if required.	Supported in principal, however councils should be able to set their own fees and changes on a full cost recovery basis, ensuring that councils can meet their regulatory responsibilities. A guide or range to these types of fees and charges would be helpful.
Enhancing regulatory collaboration amongst councils
11. The Local Government Act 1993 (NSW) should be amended to remove any impediments to, or facilitate the easier use of, shared regulatory services. In particular, consideration should be given to: · Removing or amending section 379 – which currently restricts the delegation of a council’s regulatory functions under Chapter 7 of the Local Government Act, including to shared services bodies. · Amending section 377, which prohibits any delegation by a council of the acceptance of tenders. Whichever forms of council collaboration are used in future, consideration should be given to whether the Act should specify how and in what form the collaborative arrangements should be established (including whether management frameworks should be prescribed).	Not for consultation
12. The NSW Government should encourage and develop incentives to form collaborative arrangements in relation to regulatory functions. This should include training, guidance and promotion of leading practice collaborative arrangements, and the availability of repayable funding arrangements to assist in setting up shared regulatory services. Councils could obtain a loan with a concessional rate of interest that is repayable within a specified period. This should tend to be cost neutral over time, as cost savings to councils would be achieved from the collaborative arrangements.	Not for consultation
Improving the regulatory framework at the local level
13. The Local Government Act 1993 (NSW) should be reviewed and amended in consultation with councils to: · Remove duplication between approvals under the Local Government Act 1993 (NSW) and other Acts, including the Environmental Planning & Assessment Act 1979 (NSW) and Roads Act 1993 (NSW) in terms of: footpath restaurants; installation of amusement devices; installation and operation of manufactured homes; stormwater drainage approvals. · Allow for longer duration and automatic renewal of approvals. · Provide more standard exemptions or minimum requirements from section 68 approvals, where possible, in areas such as: footpath restaurants; A-frames or sandwich boards; skip bins; domestic oil or solid fuel heaters; busking; set up, operation or use of a loudspeaker or sound amplifying device and deliver a public address or hold a religious service or public meeting.	Supported.
14. The Local Government Act 1993 (NSW) should be amended to enable councils to recognise section 68 approvals issued by another council (i.e., mutual recognition of section 68 approvals), subject to published local requirements, for example with mobile food vendors and skip bins. Councils should be able to recover the costs of compliance associated with approvals granted by another council.	Not for consultation
15. The Local Government Act 1993 (NSW) should be amended to abolish Local Approvals Policies (LAPs) or, alternatively: reduce the consultation period to 28 days in line with Development Control Plans; remove sunsetting clauses; require Ministerial approval only for amendments of substance; centralise LAPs in alphabetical order in one location on the Office of Local Government’s (OLG) website; consolidate activities within one LAP per council; and OLG to provide a model LAP in consultation with councils.	Not supported. Local approval policies need to reflect individual areas in culture and expectation. This is a strength of local areas not a weakness.
16. The NSW Government, as part of its reforms of the Local Government Act 1993 (NSW), should amend the Act to provide a modern, consolidated, effective suite of compliance and enforcement powers and sanctions for councils and council enforcement officers. The powers would be applicable to all new State Acts or regulations. This suite should be based on the best of existing provisions in other legislation and developed in consultation with the NSW Ombudsman, Department of Premier and Cabinet, State and local government regulators. This should include effective cost recovery mechanisms to fund enforcement activities.	Supported.
17. Councils should support the use of alternative and internal review mechanisms (for example, the NSW Ombudsman, Office of the NSW Small Business Commissioner, and private providers of alternative dispute resolution services) to provide business and the community with a path of redress for complaints (not including complaints concerning penalty notices) that is less time-consuming and costly than more formal appeal options.	Not for consultation
Improving Regulatory Outcomes
18. As part of the State’s Quality Regulatory Services initiative, the NSW Government should require all State agencies that devolve regulatory responsibilities to local government to: · Consider councils’ responsibilities in developing their risk-based approach to compliance and enforcement. · Consider councils’ responsibilities in defining the regulatory outcomes and setting monitoring mechanisms to measure the outcomes. · Identify what information needs to be obtained from councils in relation to their regulatory activities to measure regulatory outcomes and how this data will be used or published to assess and assist council performance. These requirements should be developed in consultation with local government regulators and commence by the end of 2015.	Not for consultation
Planning
19. The Department of Planning and Environment, in consultation with key stakeholders and on consideration of existing approaches, should: · Identify which development consent conditions may be applied across council areas, including regional groupings of councils, and which conditions will vary across council areas. · Then develop (where appropriate) a standardised and consolidated set of development consent conditions for councils to use for different forms of development.	Supported, subject to the conditions being a guide and that the ability still exists to structure the condition to meet specific needs.
Building and Construction
20. The NSW Government should: 283 · Subject to a cost benefit analysis, create a stronger, single State regulator, the Building Authority, containing, at a minimum, the roles of the Building Professionals Board, the building regulation expertise of the Department of Planning and Environment and the building trades regulation aspects of NSW Fair Trading. · Create a more robust, coordinated framework for interacting with councils through instituting a ‘Partnership Model’ (as discussed in Chapter 2).	Not for consultation
21. The Building Professionals Board or Building Authority (if adopted) should: · Initially, modify its register of accredited certifiers to link directly with its register of disciplinary action. · In the longer term, create a single register that enables consumers to check a certifier’s accreditation and whether the certifier has had any disciplinary action taken against them at the same time.	Not for consultation
22. NSW Fair Trading, in its consumer building guide or other appropriate material, and the Building Professionals Board, in its mandatory contracts between certifiers and clients or other appropriate material, should refer consumers of building services to the Building Professionals Board’s register of accredited certifiers and register of disciplinary action.	Not for consultation
23. Councils seeking to impose conditions of consent above that of the National Construction Code must conduct a cost benefit analysis justifying the benefits of these additional requirements and seek approval from an independent body, such as IPART, under a ‘gateway’ model.	Not supported. It is adding a layer to an already complex system any may result in further delays to the development assessment process outweighing potential benefits.
24. Certifiers should be required to inform councils of builders’ breaches if they are not addressed to the certifier’s satisfaction by the builder within a fixed time period. Where councils have been notified: · If the breach relates to the National Construction Code (NCC), the council should be required to respond to the certifier in writing within a set period of time. · If the breach is not related to the NCC, the council should be required to respond to the certifier in writing within a set period of time, and if they do not respond within the specified period, then the certifier can proceed to issue an occupation certificate.	Not for consultation
25. The Building Professionals Board (BPB) or Building Authority (if adopted) should incorporate into the current Principal Certifying Authority signage information setting out contact details for specific complaints (e.g., off-site impacts like building refuse or run-off and onsite issues). The BPB or Building Authority should trial the use of such a sign in a specific local government area to see if time is reduced in redirecting complaints for councils, the BPB/Authority and certifiers.	Not for consultation
26. The NSW Government (e.g., the Department of Planning and Environment) should enable building owners to submit Annual Fire Safety Statements online for access by councils and the Commissioner of the Fire and Rescue Service.	Partially supported. This recommendation will allow building certifiers the ability to look up what fire safety measures have been installed in the building.
Public health, safety and the environment
27. All councils should adopt the NSW Food Authority’s guidelines on mobile food vendors. This will allow for food safety inspections to be conducted in a mobile food vendor’s ‘home jurisdiction’, which will be taken into account by other councils when considering if inspection is warranted.	Not for consultation
28. The NSW Food Authority, in consultation with councils, should provide guidance on reducing the frequency of routine inspections by councils of retail food businesses with a strong record of compliance to reduce over-inspection and costs.	Not for consultation
29. The NSW Food Authority should finalise its internal review and work with councils to implement its reforms within 18 months of its review being completed to: · Remove any regulatory overlap (e.g., of related retail and non-retail food business on the same premises). · Develop a system of notification for all food businesses that avoids the need for businesses to notify both councils and the Food Authority. · Review the notification system to determine whether negligible risk food businesses should be exempt from the requirement to notify. · Ensure the introduction of a standard inspections template for use by all councils in NSW, to enhance the consistency of inspections across the State.	Not for consultation
30. The Office of Local Government should: · Develop a ‘model’ risk-based inspections program to assist councils in developing their own programs under the Swimming Pools Act 1992 (NSW). · Promote and assist councils to use shared services or ‘flying squads’ for swimming pool inspections, if a backlog becomes apparent under the new regulatory regime. · Review the Swimming Pools Act 1992 (NSW) within five years from commencement of the amendments to determine whether the benefits of the legislative changes clearly outweigh the costs. · Review councils’ regulatory performance and inspection fees prescribed by the Swimming Pools Regulation 2008 (NSW), including whether inspection fees recover councils’ efficient costs. · Undertake regular reviews of its guidance material for councils and pool owners to ensure this material is current, reflects best practice, and that it incorporates learning from implementation of amendments to the Swimming Pools Act 1992 (NSW).	Supported, as this model could be prepared once the partnership model between council and the Office of Local Government has been established.
31. NSW Fair Trading should undertake regular reviews of the boarding house guidance material for councils and boarding house operators to ensure this material is current, reflects best practice, and that it incorporates learnings from implementation of the Boarding Houses Act 2012 (NSW).	Not for consultation
32. The Department of Planning and Environment, in consultation with the NSW Environment Protection Authority and other relevant stakeholders, should: · Develop standard waste management requirements for inclusion in the NSW Housing and NSW Industrial and Commercial Codes, which establishes site waste management standards and requirements for exempt and complying development. · Remove the need for applicants to submit separate Waste Management Plans to councils for complying developments.	Supported. Waste services vary from Council to Council and contract to contract. Standard codes and conditions developed by councils should reduce confusion. This could be something that is developed through a partnership approach.
Parking and Road Transport
33. Councils should either: · Solely use the State Debt Recovery Office (SDRO) to handle parking fine requests for review or appeals to remove current confusion, duplication and reduce costs, or · Adopt the SDRO’s guide for handling representations where a council is using SDRO’s basic service package and retain the role of handling parking fine requests for review or appeals, to ensure consistency and fairness across the state.	Supported. Hornsby Council only uses the State Debt Recovery Office and have found its services satisfactory.
34. The Office of Local Government should review and, where necessary update, its free parking area agreement guidelines (including model agreements) for use in agreements with private companies, State agencies and owners’ corporations. Councils should then have a free parking area agreement in place consistent with these guidelines.	Not Supported. This is an issue for each council and its local community.
35. That the NSW Government: · Notes the potential red tape savings and net benefits that could accrue to NSW through the National Heavy Vehicle Regulator (NHVR) providing technical assistance to councils in certifying local roads for access by heavy vehicles and engineering assessments of infrastructure. · In the event of delay in the NHVR providing these elements of the national reforms, funds an interim unit to provide this assistance to local government.	Not for consultation
Companion Animals Management
36. The Office of Local Government should allow for an optional one-step registration process, whereby: · The owner could microchip and register their pet at the same time. · The person completing the microchipping would act as a registration agent for councils either by providing access to online facilities (per recommendation below) or passing the registration onto councils (on an opt-in, fee-for-service basis).	Not for consultation
37. The Office of Local Government should allow for online companion animals registration (including provision to change owner address and contact details online for animals that are not under declaration).	Not for consultation
38. The Office of Local Government should implement targeted, responsible pet ownership campaigns with councils in particular locations/communities of concern with the input of industry experts, providing accessible facilities for desexing where these campaigns are rolled out.	Not for consultation
39. The Office of Local Government should amend the companion animals’ registration form, so an owner’s date of birth is mandatorily captured information, as well as other unique identifiers such as driver’s licence number or official photo ID number or Medicare number.	Not for consultation
40. The Office of Local Government should amend the Companion Animals Regulation 2008 (NSW) to enable fees to be periodically indexed by CPI.	Not for consultation
Other
41. The NSW Government should amend section 125 of the Roads Act 1993 (NSW) to extend the approval term for footway restaurants to 10 years and councils should ensure that approval conditions enable adequate access by utility providers.	Not Supported, as there are a range of reasons for and against footway restaurants. It is up to each Council and its local community to determine what is the life span of a consent.
42. Councils should adopt measures to simplify and streamline the approvals process for local community events. This could include: · Specifying some temporary uses of land as exempt development in local environmental plans, or · Issuing longer-term development consents for periods of three to five years for recurrent local community events (subject to lodging minor variations under section 96 of the Environmental Planning and Assessment Act 1979 (NSW)).	Supported
Findings
1. The use of portable technology such as iPads by council enforcement officers (e.g., in tree assessments by Sutherland Shire Council) has the potential to cut costs to councils and the public.	Noted
2. Greater use of existing networks such as the Australasian Environmental Law Enforcement and Regulators Network and Hunter & Central Coast Regional Environmental Management Strategy provide greater resources, consistency of approach and build expertise or capability in undertaking council environmental compliance activities.	Noted
3. Councils would benefit from the use of the following self-assessment tools: · The Hunter & Central Coast Regional Environmental Management Strategy (HCCREMS) Practical Systems Review tool for local government to evaluate the capability and performance of compliance systems · The HCCREMS Electronic Review of Environmental Factors Template to assist councils in undertaking Part 5 assessments under the Environmental Planning & Assessment Act 1979 (NSW) of their own activities · The Smart Compliance Approach, currently used by Newcastle City Council and adapted from the US Environmental Protection Agency, to provide a framework for using performance data to achieve better regulatory outcomes · The NSW Environment Protection Authority’s (EPA) online “Illegal Dumping: A Resource for NSW Agencies” tool/guide available through Australasian Environmental Law Enforcement and Regulators network and EPA websites.	Noted
4. Publication of more significant individual local government regulatory instruments on a central site, funded by the NSW Government, will allow a stocktake, and facilitate review and assessment of such instruments. These regulatory instruments would be formal plans or policies developed by councils under State legislation (e.g., Development Control Plans, Local Approvals Policies and Local Orders Policies).	Noted
5. The use of ‘SmartForms’ by councils reduces costs to businesses and councils by enabling online submission and payment of applications directly to councils.	Noted
6. The provision of guidance material to assist businesses in obtaining approvals and complying with regulatory requirements, such as the guidance provided by the Federal Government’s Australian Business Licence and Information Service or the Queensland Local Government Toolbox (www.lgtoolbox.qld.gov.au), can reduce the regulatory burden on businesses and the community.	Noted
7. Projects like the Electronic Housing Code provide considerable benefits to businesses and the community by providing a single, consistent, time-saving, online process to obtain an approval.	Noted
8. The development of central registers (e.g., Companion Animals register) by State agencies that devolve regulatory responsibilities to councils can substantially reduce administrative costs for regulated entities and councils and assist with more efficient implementation of regulation (e.g., assist with data collection and risk analysis).	Noted
9. Memoranda of Understanding between State agencies and councils in relation to enforcement and compliance activities (e.g., between local police and local council) facilitate information sharing to achieve better communication, coordination and enforcement outcomes.	Noted
10. Councils engaging independent panels or consultants where development applications relate to land owned by local government improves transparency and probity.	Noted
11. Where proponents seek to develop infrastructure on public land owned by the council, providing notice of the relevant leasing or licencing options and conditions likely to be attached to the use of the land (where practical) prior to the requirement for a development application to be submitted could reduce unnecessary costs for proponents.	Noted
12. Councils can use order powers under the Environmental Planning & Assessment Act 1979 (NSW) (e.g., under section 121O) to allow modifications to developments in appropriate circumstances. This avoids the need for the applicant to obtain additional council approvals or development consents when there are concerns with existing structures (e.g., safety concerns).	Noted
13. Council policies that identify, prioritise and if possible, fast-track emergency repair works within existing regulatory processes (e.g., urgent tree trimming work following a storm or urgent repair works following a flood) would reduce costs.	Noted
14. Broadening the scope of the Office of Local Government’s (OLG) current Promoting Better Practice program would strengthen its assessment of regulatory performance. Greater promotion of OLG’s better practice findings amongst all councils would improve regulatory outcomes.	Noted
15. The establishment of Regional Illegal Dumping Squads helps councils to combat illegal dumping across member council boundaries using a strategic coordinated approach in partnership with the NSW Environment Protection Authority.	Noted
16. Councils could regulate onsite sewage management systems more efficiently by: · Implementing risk-based regulation and efficient revenue policies to better manage limited resources. · Working together regionally to swap knowledge of contractors (e.g., the Septic Tank Action Group) to address issues with variable quality servicing. · Developing standardised service report templates for services undertaken by contractors to streamline processes and improve consistency of reporting. · Issuing approvals to install and operate onsite sewage management systems together in one package of approvals to reduce paperwork and administrative costs.	Noted

CONSULTATION

IPART consulted extensively with the local government industry, business and NSW Government agencies to prepare its Final Report. More than five years has lapsed between IPART furnishing its draft report and the Government releasing its final report for comment. This delay has had an impact on the currency of IPART’s recommendations; what feedback on the recommendations will now be useful for the Government; and what the eventual response by the Government to IPART’s recommendations will be.

BUDGET

There are no budgetary implications associated with Council’s consideration of this Report.

POLICY

There are no policy implications associated with the preparation of this Report.

CONCLUSION

Although the NSW Government has taken more than five years to release IPART’s Final Report for public comment, there is still value in making a submission about the recommendations made by IPART. It is proposed that the IPART recommendations which are open for consultation, together with the associated comments from relevant staff across the organisation about those recommendations, form the basis of a submission using the OLG’s online tool.

RESPONSIBLE OFFICER

The officer responsible for the coordination of this Report is the Manager, Regulatory Services - Mr Simon Evans – who can be contacted on 9847-6780.

James Farrington

Director - Planning and Compliance

Planning and Compliance Division

Attachments:

There are no attachments for this report.

File Reference: F2008/00382

Document Number: D07772262

Director's Report No. PL29/19

Planning and Compliance Division

Date of Meeting: 13/11/2019

10 REPORT ON SUBMISSIONS - DRAFT COMMUNITY PARTICIPATION PLAN

EXECUTIVE SUMMARY

· At its meeting on 18 September 2019, Council considered Director’s Report No. PL23/19 and resolved to exhibit a Community Participation Plan (CPP).

· The draft CPP was exhibited from 23 September 2019 to 21 October 2019. During this period, three community submissions were received which are generally supportive of the CPP and include suggestions for a review of current practices. Some minor amendments have been made to the exhibited CPP in response to matters raised in submissions and through Council’s further internal evaluation.

· Some suggestions raised in submissions are outside the scope of the initial CPP, which consolidates Council’s existing planning notification practices into one document and is not a broader review of Council’s engagement procedures. A review of Council’s notification and procedures could be considered in the preparation of the wider Communications and Engagement Strategy (CES), which will provide direction for all of Council’s communications and engagement activities.

· It is recommended that Council adopt the CPP attached to Director’s Report No. PL29/19 (as amended after exhibition) and publish the Plan on the NSW Planning Portal by 1 December 2019 to meet legislative requirements.

RECOMMENDATION

THAT:

4. Submitters be advised of Council’s decision.

PURPOSE

The purpose of this Report is to address the matters raised in submissions during the exhibition of the draft CPP, outline recommended amendments to the exhibited Plan and to seek Council’s endorsement to publish the CPP.

BACKGROUND

Recent amendments to the Environmental Planning and Assessment Act 1979 (EP&A Act) prescribe that all planning authorities must prepare a Community Participation Plan (CPP) to outline community participation in relation to planning functions and must publish their CPP on the NSW Planning Portal by 1 December 2019.

At its meeting on 18 September 2019, Council considered Director’s Report No. PL23/19 which presented a draft CPP and resolved that:

1. The draft Hornsby Community Participation Plan attached to Director’s Report No. PL23/19 be exhibited for 28 days in accordance with Schedule 1 of the Environmental Planning and Assessment Act 1979 (EP&A Act).

2. Following exhibition, a report be prepared for Council’s consideration outlining any submissions and required amendments.

In accordance with item 1 of the resolution, the draft CPP was exhibited for 28 days from 23 September 2019 to 21 October 2019, during which time during which time, three community submissions were received. This report has been prepared in accordance with item 2 of Council’s resolution.

DISCUSSION

This Report outlines the matters raised in the three community submissions in response to the exhibition of the CPP. The submissions are generally supportive of the CPP and include suggestions for changes to current notification and exhibition practices. Some minor amendments have been made to the exhibited CPP in response to matters raised in submissions and through Council’s further internal evaluation.

Some of the suggestions raised in submissions are outside the scope of the initial CPP, which consolidates Council’s existing planning notification practices into one document and is not a broader review of Council’s engagement procedures. Council is in the process of preparing a Communications Engagement Strategy (CES) which will provide direction for all of Council’s communication and engagement activities. A review of Council’s notification and procedures should be considered in the preparation of the wider CES. In the future, it would be appropriate that the requirements of the CPP be integrated into Council’s CES. However, to meet legislative requirements for the CPP to be adopted by Council before 1 December 2019, the CPP is being developed initially as a standalone document.

This report also addresses other matters that were raised by the external planning consultant involved in the recent community engagement for the Local Strategic Planning Statement (LSPS) and further matters raised through Council’s internal evaluation.

1. Submissions

The three submissions are generally supportive of the CPP. However, the submissions raise a number of matters and suggestions for Council’s consideration which are discussed below.

1.1 Electronic Alerts for new Development Applications

A submission suggests the use of technology for community engagement, such as SMS and email to alert residents of relevant planning matters in their local area.

Comment: Council notifies residents on a range of planning matters (such as development applications, planning proposals, draft planning studies etc.) by letter, in local newspaper advertisements, on the Council website and through social media.

The implementation of a electronic alert system for Council would require further investigation, including feasibility, consideration of the legal obligations and methods for ensuring accuracy of phone and email addresses, which can change regularly. Council is not aware of any other Councils that use SMS or email notification alerts for development applications and the like. There are private websites such as ‘Planning Alerts’ which provide this service. However, this suggestion is worthy of further consideration.

As the role of the initial CPP is to consolidate Council’s existing planning notification and exhibition practices into one document and is not a review of Council’s notification and exhibition procedures, a review of Council’s use of technology for community engagement is outside the scope of the initial CPP. However, this could be considered as part of any future review of Council’s notification and exhibition practices or in the preparation of the CES.

Recommendation: The use of technology for engagement with the community on planning matters including DA alerts be considered as part of the broader CES.

1.2 Increase the number of properties notified of a DA

Submissions suggest that Council should increase the number of properties surrounding a DA site that receive a DA notification letter. The submission suggests that one way to achieve this, as an interim measure, is to require notification to ‘adjacent’ properties instead of ‘adjoining’, which would encompass a larger number of properties near the development site requiring notification.

Comment: The Hornsby CPP defines an ‘adjoining property’ as ‘a property that shares a common boundary with the subject site, or a property directly across the road from the subject site’. This definition provides certainty in determining which properties, at a minimum, will receive a letter during the notification period for a development application. The CPP also specifies that Council may extend the area of notification if in Council’s opinion the development may potentially impact upon the amenity of the wider locality. This enables Council staff to use their discretion to notify additional properties based on the nature and scale of the development and the likelihood of generating significant community interest.

Council’s approach to notifying properties is consistent with most councils in the Northern District of the Greater Sydney Region who notify adjoining properties and use discretion in notifying additional properties if deemed necessary.

Given the deadline to have the CPP published on the NSW Planning Portal by 1 December 2019, it is recommended that Council endorse the CPP which incorporates current procedures for notification and consider options for changing notification procedures as part of a future review or in the development of the CES.

Recommendation: Options for changes to Council’s current notification practices be considered by Council at an informal workshop and development of the CES.

1.3 Wording changes

There are several suggested wording changes raised in two submissions. The submissions comment that the language used in the CPP is not as strong as the current DCP wording in relation to extending the notification area or exhibition period for Development Applications. One submission requests replacement of the word ‘may’ with ‘will’ on page 10 and deletion of the section on types of development not exhibited.

Comment: The CPP was reviewed by an external consultant to ensure the language was simple and user friendly. However, it is recommended that the wording of the section concerning extension of the notification area on page 11 be reverted to its original phrasing stated in Part 1B.5.2 (m) of the HDCP to better discern Council’s discretion that can be enforced to notify additional property owners of a development application. The CPP is a policy document, not statutory and the word ‘may’ is appropriate as it allows Council to use its discretion. It is recommended the word ‘may’ in this statement is maintained for this reason. Any application that would have an environmental or amenity impact is captured in the table on page 8 of the CPP and development that is not exhibited refers to only very minor works of low impact.

Recommendation: Revert to original phrasing stated in Part 1B.5.2 (m) of the HDCP, delete the word local and add the email address for development application matters on page 15 to include devmail@horrnsby.nsw.gov.au

1.4 Reference to Local Planning Panel and Sydney North Planning Panel

Two submissions identify that the diagram on page 8 and the table on page 7 do not identify the processes associated with development requiring consent by Council, the Local Planning Panel (LPP) and Sydney North Planning Panel (SNPP).

Comment: The purpose of the diagram on page 8 is to outline the steps involved in processing applications and advise how the community will be notified from lodgement through to determination.

For any application requiring determination by the Local Planning Panel, Council’s current practice is to send letters inviting all submitters to attend the Panel meeting. Having regard to the established procedure, it is appropriate that the diagram on page 8 is amended to indicate that Council will invite submitters to attend a Local Planning Panel meeting if applicable. This amendment has been included in the CPP attached to this report.

In relation to development applications that require determination by the Sydney North Planning Panel, this is outside the scope of this CPP as it is the responsibility of the SNPP Secretariat to notify submitters of determination meetings.

The table on page 7 outlines Council’s approach to community participation and includes various engagement levels to ‘Inform’, ‘Consult’ and relating to ‘Determination’. It is appropriate to include reference to the Local Planning Panel in this table, and Council’s current practice of notifying submitters when an application is scheduled to be considered by the LPP.

Recommendation: Include reference to the DAs requiring determination by LPP on page 7 and amend diagram on page 8 to indicate that submitters will be invited to attend a LPP meeting if applicable.

1.5 Notification Period for Advertised Development

Two submissions raise concern that the minimum exhibition period has been reduced from 30 days to 28 days for certain advertised development including designated, integrated, threatened species and aquaculture developments.

Comment: For Council to meet its statutory obligations under the EP&A Act, Council has aligned its minimum exhibition timeframes for all development applications with those established under Part 1 of Schedule 1 of the EP&A Act. Although the timeframe for advertised development in the DCP was listed as 30 days, the minimum statutory timeframe is 28 days under the EP&A Act. The CPP has taken the approach of listing the minimum statutory timeframe, which still provides Council the opportunity to extend the exhibition period for development if deemed necessary, depending on the scale and nature of the development.

Recommendation: No changes to the CPP minimum statutory exhibition timeframes are recommended.

1.6 Amendments to the Hornsby Development Control Plan 2013

Two submissions raise concerns about the implications of removing Part 1B.5 Notification and Exhibition from the Hornsby Development Control Plan 2013 (HDCP) once the CPP comes into force as stated on page 5 of the draft CPP, noting that there is no legislation in force to prescribe this.

Comment: The Department of Planning, Industry and Environment (DPIE) has indicated the Environmental Planning and Assessment Regulation 2000 will soon be amended to prescribe that a CPP will override the notification requirements within a DCP. Once amendments to the EP&A Regulation have been implemented, a separate report will be prepared for Council concerning amendments to the HDCP to remove notification provisions in Part 1B.5.

Recommendation: No changes to the CPP. A further report for Council will be prepared concerning amendments to the HDCP to remove notification provisions in Part 1B.5 subject to applicable amendments to the Regulation.

1.7 Community consultation on applications for major developments

Two submissions raise concern that the draft CPP has not addressed a community participation planning principle in accordance with s2.23 (2) of the EP&A Act which states that a planning authority must have regard to: (f) “Members of the community who are affected by proposed major development should be consulted by the proponent before an application for planning approval is made”.

Comment: The principles established in s2.23(2) of the EP&A Act apply to all planning authorities such as the Minister, the Planning Secretary, The Greater Sydney Commission, the Independent Planning Commission, a Sydney district or regional planning panel, a council or local planning panel. Therefore, not all planning principles are applicable to Council. Recent advice received from the DPIE confirms that the term “major development” in (f) is a reference to State Significant Development (SSD) and State Significant Infrastructure (SSI) applications. These forms of applications have statutory authority to impose pre-lodgement consultation requirements on a proponent before lodgement of an application.

Given that Councils are not the consent authority for SSD or SSI applications, there is no requirement for the proponent to consult with the community about a development application lodged with Council. However, it is recommended as a best practice approach that applicants or landowners consult with neighbours or effected landowners relating to a DA that is to be lodged to assist with reducing delays during assessment that may arise from submissions.

Recommendation: Include a best practice note on page 11 of the CPP for pre-consultation with affected landowners before a proponent lodges a DA with Council.

1.8 Evidence of notification sign made available on Council’s website

Two submissions recommend that a dated photo of a notification sign erected on a property subject to a development application be published on Council’s website.

Comment: Evidence of the notification sign for a development application is required to be submitted to Council to ensure it was erected in a prominent position at the front of the property from the commencement of the notification period. This can be in the form of a photograph or a statutory declaration confirming the sign was installed. The submission of this evidence is a procedural matter in the assessment of an application which does not require community input.

Recommendation: No further changes to the CPP are recommended.

1.9 Access to strategic planning functions and exhibitions

Two submissions raise concerns regarding the lack of information provided on pages 13 and 14 for how and where strategic related studies, plans or proposals will be exhibited.

Comment: When Council reports a strategic planning report or policy to Council for endorsement for exhibition, the report will include a customised consultation strategy outlining, at a minimum, the exhibition period, who will be consulted, and where the plans and supporting documentation can be viewed. Each consultation strategy will vary depending on the nature of the study, urgency, scale and anticipated level of community interest.

Although information relating to strategic planning functions and their exhibition is regularly updated and made available on Council’s website, it is noted that information regarding how to access this information is not included in the draft CPP.

Recommendation: Include information on ‘Consultation of Strategies’ and how to access information relating to these on Council’s website be added to page 14 of the CPP.

1.10 Personal information required when lodging a submission

Two submissions raise concern regarding the requirement to provide personal information in a submission, such as name and address and that this information is made publicly available despite there being no legislative requirement for this information to be provided.

Comment: There is no provision within the EP&A Regulations or the EP&A Act for personal information to be included with a submission relating to a planning matter. However, Council specifies this requirement in the CPP (name, address and email address) to be provided with a submission to enable the assessing officer to understand how the submitter may be impacted by the proposed development, their relationship to the subject site and also allows Council to contact a submitter to advise of the DA outcome and/or Local Planning Panel meetings relating to the application.

With respect to the public availability of a submission, submissions are only provided to the public upon a request through an application under the Government Information (Public Access) Act 2009 (GIPA). All personal information including names, contact information and addresses are redacted from a submission by Council’s Information Officer prior to the submission being made available. To provide clarity on this matter, an additional statement to this effect has been added to page 14 of the CPP under ‘How to lodge a submission’.

Recommendation: Amend page 14 to clarify that submissions may be made publicly available upon request, other than personal information contained within them.

1.11 Availability of DA information on Council’s website

Two submissions raise concern that information submitted with development applications is published on Council’s website at the time of lodgement prior to these being reviewed by staff.

Comment: Once a development application is lodged at Council, a preliminary assessment is undertaken to ensure the adequacy and accuracy of the plans and documentation submitted. The application is then either accepted, rejected or additional information is requested before the application is notified. The particulars in dealing with the systematic lodgement of development applications would be outside the scope of the CPP.

Recommendation: No further changes to the CPP are recommended.

1.12 Website improvements

A submission raises a number of points in relation to historical document management, installation of a tab for planning proposals, service requests and website search functions.

Comment: With respect to Planning Proposals, a separate link for ‘Planning Proposals’ has been installed under the ‘Property’ tab on Council’s website to allow easier access to current planning proposal applications. With respect to access to previous proposals and historical documents, it should be noted that Council’s website is not a document management system, rather a tool used to communicate and engage with the community. To obtain information relating to previous strategic work or historical documentation, the community can request these through a GIPA application.

Recommendation: No further changes to the CPP are recommended.

1.13 Timeframe provided to comment on recent strategic studies/ plans

A submission raises concern that not enough time has been provided to consider and comment on the numerous strategic statements and plans that have recently been exhibited under the Accelerated LEP Review.

Comment: Hornsby Council is identified as an accelerated council to undertake a LEP Review to deliver on the actions identified in the North District Plan. Under the Accelerated LEP Review, funding has been granted to facilitate a number of strategic studies and plans necessary to support an update of the HLEP 2013 in a two-year time frame.

For Council to meet its legislative requirements set by the Department, the recent strategic work that has been undertaken has been required to be placed on public exhibition within a similar period of time. The LSPS was required under the EP&A Act to be exhibited for 28 days, yet the Hornsby LSPS was on exhibition for 2 months and included a number of innovative engagement practices such as Community Conversations and Pop-ups, A Future Living Summit, Youth Forum and Community Workshop on a riverboat cruise which were advertised through Council’s website, social media and local newspapers. This provided the community with the opportunity to get involved and have their say through multiple channels over an extended period of time compared to most Councils in the Greater Sydney Region. To allow Council to meet its statutory timeframes and deliverables set by the department, the public exhibition of the LSPS did overlap with the exhibition of other strategies and studies which is why its exhibition was extended for an additional month.

Recommendation: No further changes to the CPP are recommended.

2. Other Matters

Following an internal review and feedback from an external consultant, the following amendments have also been made to the CPP.

2.1 Reference to Voluntary Planning Agreements

A VPA is an agreement voluntarily entered into by a public authority (Council) and a developer to deliver public benefits. These include monetary contributions, the provision of community facilities, affordable housing, public infrastructure, dedication of land to Council, conservation of the natural environment and any other material public benefit or any combination of these.

Planning agreements are prepared under the EP&A Act in relation to either a planning proposal or a development application. The minimum statutory exhibition period of a VPA is 28 days.

Recommendation: Amend page 13 of the CPP to include a short description of a VPA and specify the minimum statutory exhibition period.

2.2 Reference to Environment Impact Statements

An EIS is an assessment of the impact of a proposed activity on the environment and the mitigation measures to be installed to minimise those impacts if a development or activity is to proceed. Under Part 5 of the Act, some types of development do not require consent. In these instances, the public authority proposed the development or issuing an approval under other legislation such as State Environmental Planning Policy (Infrastructure) 2007, a self-assessment is required to be carried out through an EIS. This statement is required to be notified. Development that does not require consent in accordance with Part 5 of the EP&A Act generally consists of projects undertaken by public authorities. It is appropriate to amend the CPP to include in the minimum 28-day statutory exhibition period for an EIS obtained under Division 5.1.

Recommendation: Amend the table on page 8 to specify the notification requirements for an EIS under Division 5.1.

2.3 Community engagement material from the Local Strategic Planning Statement community engagement and other relevant graphics

The external consultant engaged by Council to undertake the community consultation for the recently exhibited draft Local Strategic Planning Statement (LSPS) made a number of suggestions to include photographs and testimonials in the CPP from the engagement activities associated with the public exhibition of the draft LSPS.

The draft LSPS was recently exhibited which reflects Council’s current policy position on growth and change within the local government area over the next 20 years. As part of the community consultation for the draft LSPS, a number of innovative engagement practices were undertaken such as Community Conversations and Pop-ups, A Future Living Summit, Youth Forum and Community Workshop on a riverboat cruise. Some photos were captured during these community engagement events and appropriate photos have been included in the CPP to reflect these activities.

It was also suggested that graphics such as the framework for Internal Association for Public Participation (IAP2) be included. Further reference to both the IAP2 and community engagement techniques would be considered as part of the wider Community Engagement Strategy.

Recommendation: Amend the CPP to include an image showcasing some of the innovative community engagement activities undertaken during the exhibition of the LSPS.

STATUTORY CONSIDERATIONS

The CPP has been prepared to satisfy the requirements of Division 2.6 and Schedule 1 of the EP&A Act, having regard to the Community Participation Principles set out in Section 2.23(2) of the EP&A Act which were established to make it is easier for the community to understand how to participate in planning decisions.

In accordance with section 16 (1) of the Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Regulation 2017, all planning authorities are required to have a final version of a CPP in place by 1 December 2019.

BUDGET

There are no budgetary implications associated with this Report.

POLICY

The provisions of Part 1B.5 Notification and Exhibition of the Hornsby Development Control Plan (HDCP) have been incorporated into the CPP. Once finalised, the CPP will supersede the notification and exhibition provisions for DAs in Part 1B.5 in the HDCP (pending a change to the EP&A Regulation).

A separate report will be prepared for Council’s consideration for amendments to the HDCP to remove the notification and exhibition provisions superseded by the CPP, once the Regulation has been amended.

CONCLUSION

Council’s CPP was exhibited from 23 September 2019 to 21 October 2019, and three community submissions were received. The submissions were generally supportive of the CPP and included suggestions for changes and a review of Council’s current notification and exhibition procedures.

Minor amendments have been made to the exhibited CPP in response to matters raised in submissions and further matters raised in Council’s internal review.

Some of the suggestions raised in submissions are outside the scope of this initial CPP, which consolidates Council’s existing planning notification practices into one document and is not a broader review of Council’s engagement procedures. A review of Council’s notification and procedures could be considered in the preparation of the wider CES, which will provide direction for all of Council’s communications and engagement activities.

In the future, it would be appropriate that the requirements of the CPP be integrated into Council’s CES. However, to meet legislative requirements for the CPP to be adopted by Council before 1 December 2019, the CPP is being developed initially as a standalone document.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Manager, Strategic Landuse 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 Community Participation Plan

File Reference: F2019/00290

Document Number: D07776314

1.⇨	Investment Summary Report September 2019
2.⇨	Schedule of Borrowings September 2019