Agenda of General Meeting

Hornsby Shire Council Agenda and Summary of Recommendations

Page 2

AGENDA AND SUMMARY OF RECOMMENDATIONS

PRESENT

NATIONAL ANTHEM

OPENING PRAYER/S

Acknowledgement of RELIGIOUS DIVERSITY

Statement by the Chairperson:

"We recognise our Shire's rich cultural and religious diversity and we acknowledge and pay respect to the beliefs of all members of our community, regardless of creed or faith."

ABORIGINAL RECOGNITION

Statement by the Chairperson:

"We acknowledge we are on the traditional lands of the Darug and Guringai Peoples. We pay our respects to elders past and present."

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 11 March 2020 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 GM6/20 Car Share Parking Policy

RECOMMENDATION

THAT Council:

1. Adopt the Car Share Parking Policy as detailed in Attachment 2.

2. Write to all those who submitted comments on the draft Car Share Parking Policy and thank them for their contribution.

Page Number 5

Item 2 GM7/20 Electric Vehicle (EV) Charging Stations on Public Land Policy

RECOMMENDATION

THAT Council:

1. Adopt the Electric Vehicle (EV) Charging Station on Public Land Policy as detailed in Attachment 1.

2. Write to all those who provided a submission on the draft Electric Vehicle (EV) Charging Station on Public Land Policy thanking them for their contribution.

Page Number 9

Item 3 GM8/20 Draft 2020-2022 Delivery Program Including the Operational Plan, Budget and Fees and Charges 2020/21 - Adoption for Public Exhibition

RECOMMENDATION

THAT Council:

1. Adopt for public exhibition the draft 2020-2022 Delivery Program and Operational Plan 2020/21 which includes the draft Budget, Fees and Charges and Rating Structure for 2020/21 and make available for public comment from 9 April to 11 May 2020.

2. Note the rating information contained in the draft 2020-2022 Delivery Program and Operational Plan 2020/21 is in line with the Independent Pricing and Regulatory Tribunal’s rate increase approval for NSW councils (i.e. a 2.6% rate increase for 2020/21).

3. Following public exhibition, and before 30 June 2020, a report be prepared which outlines any submissions received and recommends the adoption of the 2020-2022 Delivery Program and Operational Plan 2020/21, including Budget, Fees and Charges and Rating Structure.

4. The assessment on the financial impact from COVID-19 on Councils operations and any necessary adjustments to the 2020/21 Budget be included for consideration at the June 2020 General Meeting of Council.

Corporate Support Division

Page Number 17

Item 4 CS8/20 Investments and Borowings for 2019/20 - Status for Period Ending February 2020

RECOMMENDATION

THAT the contents of Director’s Report No. CS8/20 be received and noted.

Community and Environment Division

Nil

Planning and Compliance Division

Page Number 20

Item 5 PL2/20 Report on Submissions - Hornsby Shire Heritage Action Plan 2019

RECOMMENDATION

THAT:

1. Council endorse the commencement of the Comprehensive Heritage Study program timeline attached to Directors Report No. PL2/20.

2. Submitters be advised of Council’s decision.

Page Number 28

Item 6 PL6/20 Section 7.11 Development Contributions Plan

RECOMMENDATION

THAT:

1. Council exhibit the attached draft Hornsby Section 7.11 Development Contributions Plan 2020-2030 for a period of 28 days in accordance with Clause 28 of the Environmental Planning and Assessment Regulation 2000.

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

Page Number 33

Item 7 PL7/20 Greater Sydney Commission Report on Seniors Housing in Rural Areas

RECOMMENDATION

THAT a submission be sent to the Secretary of the Department of Planning, Industry and Environment and the Minster for Planning and Public Spaces, urging that State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 be reviewed in light of the recommendations within the GSC report and that (at minimum) an immediate temporary suspension of the Seniors Housing SEPP from the rural areas of Hornsby and The Hills local government areas be granted.

Page Number 38

Item 8 PL4/20 Design Excellence Panel – Appointment of Members

RECOMMENDATION

THAT:

1. Council endorse the following nine applicants as members of the Hornsby Shire Council Design Excellence Panel for a two-year term – Jon Johannsen, Andrew Stanic, David Epstein, Marc Deuschle, Karla Castellanos, Ron Edgar, Matthew Taylor, Brett Newbold and Stephen Collier.

2. Council write to all applicants thanking them for their interest.

Infrastructure and Major Projects Division

Nil

PUBLIC FORUM – NON-AGENDA ITEMS

Questions on Notice

Mayor's Notes

Page Number 43

Item 9 MN3/20 Mayor's Notes from 1 March 2020 to 31 March 2020

Notices of Motion

SUPPLEMENTARY AGENDA

MATTERS OF URGENCY

General Manager's Report No. GM6/20

Office of the General Manager

Date of Meeting: 8/04/2020

1 CAR SHARE PARKING POLICY

EXECUTIVE SUMMARY

· In February 2020 Council endorsed the draft Car Share Parking Policy (draft Policy) for public exhibition (GM1/20).

· The draft Policy guides car sharing through-out Hornsby Shire in dedicated on-street parking areas.

· The draft Policy was publicly exhibited from 13 February to 15 March 2020 and a total of four submissions were received (Attachment 1).

· Having regard to the submissions, four amendments have been incorporated into the final Policy. An officer’s recommendation has also been included in Attachment 1 in response to each submission.

· The updated draft Policy (Attachment 2) is recommended for adoption and implementation by Council.

RECOMMENDATION

THAT Council:

1. Adopt the Car Share Parking Policy as detailed in Attachment 2.

2. Write to all those who submitted comments on the draft Car Share Parking Policy and thank them for their contribution.

PURPOSE

The purpose of this Report is to seek Council’s approval to adopt and implement the Car Share Parking Policy (Attachment 2).

BACKGROUND

At the 12 February 2020 General Meeting, Council considered Executive Manager’s Report No. GM1/20 and resolved that Council:

· Endorse the draft Car Share Parking Policy and publicly exhibit for a period of 28 days.

· Receive a further report on the outcomes of the public exhibition of the draft Car Share Parking Policy.

DISCUSSION

In February 2020 Council endorsed the draft Car Share Parking Policy for public exhibition. The draft Policy was then publicly exhibited from 13 February to 15 March 2020.

A total of four submissions were received during the public exhibition period. Attachment 1 provides a copy of the submissions received along with an officer recommendation.

Based on public submissions, the following amendments have been incorporated into the final Policy being brought to Council for adoption:

o Removal of wording under expression of interest for use of car sharing bays – remove ‘any or all’. Removing wording will assist with clarification of the Policy

o Delete clause ii under Eligibility Criteria of Car Share Operators due to duplication

o Update clause i under Obligations of Car Share Operators to include Council may at its discretion undertake a 6-month delay in the installation of line marking to ensure operators long term viability of the approved spaces. The addition of this clause will assist both Council and car share operators to ensure that a space is going to work long term prior to the full implementation. This approach is currently being undertaken by City of Canada Bay.

o Update the clause under Council Obligations and Regulatory Framework to include Council will provide dedicated on-street spaces for authorised car share operators in accordance with the RMS TTD 2018/001 ‘Guidelines for the implementation of on-street car share parking’ or the most up to date guidelines at the time of installation. Updating this clause will ensure that any future implementation will be in accordance with current guidelines.

Car share is an innovative form of transport that allows people to hire vehicles on demand for short periods of time, via a telephone or internet booking service. The vehicles are parked in dedicated parking bays and are accessible to members at any time of the day or night. Members benefit from the flexibility of having access to a private vehicle without having to pay the fixed cost associated with owning a car. Independent industry research indicates that each car share vehicle can replace up to 10 privately owned vehicles (City of Melbourne, 2014) and can therefore assist in reducing traffic congestion, parking demand, and greenhouse gas emissions. Car share is most suited to locations with medium-high population density, mixed land uses, good access to public transport, and provisions for walking and cycling; and where there are high levels of traffic congestion and car parking problems.

One car share operator currently exists within the Hornsby LGA. This operator currently has four vehicles in dedicated off-street parking bays located in Westfield Hornsby and one in Hornsby Kennard Hire.

Should Council support the expansion of car share services across the Shire (through provision of on-street parking) the Policy will provide a framework for determining eligibility, approval and management of Car Share Parking on public land in the LGA. The Policy outlines the objectives of Car Share Schemes, criteria for selecting operators as well as locations.

CONSULTATION

In the preparation of this Report there was consultation with industry representatives and the general community during a 28-day public exhibition period.

BUDGET

Subject to Council’s endorsement of the Car Share Parking Policy Council’s Fees and Charges would be updated to include an Application and Renewal Fee. Proposed Fees and Charges would be included in the Draft 2020/21 Fees and Charges for Council consideration.

POLICY

The Policy provides a framework for determining eligibility, approval and management of Car Share Parking on public land in the Hornsby Shire Local Government Area (LGA). The Policy outlines the objectives of Car Share Schemes, criteria for selecting operators as well as locations. It is recommended that Council adopt and implement the Car Share Parking Policy.

CONCLUSION

The Hornsby Shire Council Car Share Parking Policy provides a framework for decision-making about the implementation of car share services in the Hornsby LGA to ensure the efficient and effective operation of car sharing services.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Strategy Manager – Julie Ryland - who can be contacted on 9847 6773.

Louise Gee

Manager - Strategy and Place

Office of the General Manager

Steven Head

General Manager

Office of the General Manager

Attachments:

1.	Car Share Parking Policy Submissions
2.	Car Share Parking Policy

File Reference: F2007/01499

Document Number: D07869882

General Manager's Report No. GM7/20

Office of the General Manager

Date of Meeting: 8/04/2020

2 ELECTRIC VEHICLE (EV) CHARGING STATIONS ON PUBLIC LAND POLICY

EXECUTIVE SUMMARY

· In February 2020 Council endorsed the draft Electric Vehicle (EV) Charging Stations on Public Land Policy (draft Policy) for public exhibition (GM2/20).

· The draft Policy was publicly exhibited from 13 February to 15 March 2020 and a total of fourteen (14) submissions were received (Attachment 2), many of which commended Council on the development of the draft Policy.

· Having regard to the submissions, five amendments have been incorporated into the final Policy. An officer’s recommendation has also been included in Attachment 2 in response to each submission.

· The updated Policy (Attachment 1) provides the criteria for the provision, installation, management, maintenance and removal of Electric Vehicle (EV) charging stations on public land in the Hornsby Shire Local Government Area (LGA). The Policy outlines the principles for planning EV charging infrastructure on public land and to support the selection of the correct type of infrastructure at the right location. The Policy does not apply to the provision of EV charging stations on private land.

· The updated Policy (Attachment 1) is recommended for adoption and implementation by Council.

RECOMMENDATION

THAT Council:

1. Adopt the Electric Vehicle (EV) Charging Station on Public Land Policy as detailed in Attachment 1.

2. Write to all those who provided a submission on the draft Electric Vehicle (EV) Charging Station on Public Land Policy thanking them for their contribution.

PURPOSE

The purpose of this Report is to seek Council’s approval to adopt and implement the Electric Vehicle (EV) Charging Stations on Public Land Policy (Attachment 1).

BACKGROUND

At the 12 February 2020 General Meeting, Council considered Executive Manager’s Report No. GM2/20 and resolved that Council:

· Endorse the draft Electric Vehicle (EV) Charging Stations on Public Land Policy and publicly exhibit for a period of 28 days.

· Receive a further report on the outcomes of the public exhibition of the draft Electric Vehicle (EV) Charging Stations on Public Land Policy.

DISCUSSION

In February 2020 Council endorsed the draft Electric Vehicle (EV) Charging Stations on Public Land Policy for public exhibition. The draft Policy was then publicly exhibited from 13 February to 15 March 2020.

A total of fourteen (14) submissions were received during the public exhibition period, many of which commended Council on the development of the draft Policy. Attachment 2 provides a copy of the submissions received along with an officer recommendation.

Based on public submissions, the following amendments have been incorporated into the final Policy being brought to Council for adoption:

o Under Context include It will also support Hornsby residents who don’t have access to off-street parking for home charging. Implementation of the Policy will benefit both residents and visitors to the Shire.

o Under EV Charging Station Design Considerations include Should an EV not be charging, or another car parked there, the driver could incur a fine (Disobey No Parking Sign). The additional wording and signage will provide clarification on parking regulations.

o Under EV Charging Station Design Considerations include Advertising is also to be undertaken in accordance with the Outdoor Media Association Code of Ethics. The additional wording is to ensure advertising is undertaken in accordance with current best practice.

o Under Charging Technology include where possible and current industry practices. The additional wording provides greater clarification and ensures the Policy is current.

o Under Parking Configuration include reference to industry best practice. The additional wording ensures the Policy is current and in line with industry best practice.

The updated Policy seeks to provide a guiding framework for the installation of electric EV charging facilities on public land, including site selection and design criteria (e.g. land, environmental, locational, community), general provisions for lease/license agreements, fairness and equity provisions and provisions relating to installation, maintenance and removal of EV charging infrastructure.

CONSULTATION

In the preparation of this Report there was consultation with industry representatives and the general community during a 28-day public exhibition period.

BUDGET

Any provision of EV charging stations on public land will be subject to licensing / leasing arrangements, or similar, between the provider and Council. Licence and / or lease terms shall be in accordance with Council’s Land – Lease/Licence Policy.

POLICY

The Electric Vehicle (EV) Charging Stations on Public Land Policy provides the criteria for the provision, installation, management, maintenance and removal of Electric Vehicle (EV) charging stations on public land in the Hornsby Shire Local Government Area (LGA).

CONCLUSION

The Electric Vehicle (EV) Charging Stations on Public Land Policy is intended to make clear the requirements for EV charging stations on ‘public land’ (as defined by the Local Government Act 1993) in the Hornsby Shire Local Government Area and should contribute to the efficient consideration of sites by prospective operators/providers of EV charging stations in the future.

It is recommended that Council adopt and implement the Electric Vehicle (EV) Charging Station on Public Land Policy.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Strategy Manager – Julie Ryland - who can be contacted on 9847 6773.

Louise Gee

Manager - Strategy and Place

Office of the General Manager

Steven Head

General Manager

Office of the General Manager

Attachments:

1.	Electric Vehicle (EV) Charging Stations on Public Land Policy
2.	Electric Vehicle (EV) Charging Stations on Public Land Policy Submissions

File Reference: F2018/00102

Document Number: D07869884

General Manager's Report No. GM8/20

Office of the General Manager

Date of Meeting: 8/04/2020

3 DRAFT 2020-2022 DELIVERY PROGRAM INCLUDING THE OPERATIONAL PLAN, BUDGET AND FEES AND CHARGES 2020/21 - ADOPTION FOR PUBLIC EXHIBITION

EXECUTIVE SUMMARY

· A draft 2020-2022 Delivery Program including the Operational Plan 2020/21 has been developed and includes budget information at the service and organisational levels, the rates proposed to be charged to ratepayers and the fees to be charged for the domestic waste service. Other fees and charges proposed for 2020/21 are included in a separate document.

· The draft 2020-2022 Delivery Program including the Operational Plan 2020/21 was prepared in advance of the Prime Minister activating the Australian Health Sector Emergency Response Plan for Novel Coronavirus, which may have a significant impact on the delivery of Council’s objectives as the situation evolves.

· The draft documents are predicated on Council maintaining current levels of service in 2020/21 as well as capital expenditure of $45 million.

· The draft Operational Plan 2020/21 is based on the 2.6% rate increase approved by IPART for the 2020/21 financial year and provides for a budget surplus of $1.6 million based on a Net Operating and Capital Result after Funding, which is $3.5 million below that forecasted in the Long-Term Financial Plan (LTFP) of $5.1 million. This surplus is currently under revision.

· The financial impact of COVID-19 is being assessed on Council’s draft Budget, along with options to ensure Council continues to be managed in a financially sustainable manner.

RECOMMENDATION

THAT Council:

PURPOSE

The purpose of this Report is to present to Council for adoption the draft 2020-2022 Delivery Program including the Operational Plan 2020/21 (incorporating the Budget, Fees and Charges and Rating Structure for 2020/21), such that the draft documents can be publicly exhibited from Thursday 9 April to Monday 11 May prior to being reconsidered for final adoption by Council in June 2020.

BACKGROUND

By 30 June in the year following local government elections, all councils are required to develop a 10-year community strategic plan, supported by a four-year delivery program and a one-year operational plan as well as a resourcing strategy. The purpose is to identify the main priorities and aspirations for the future of the local government area and the resources required to move to that preferred future.

The Office of Local Government has mandated an integrated planning framework which approaches business planning based on community aspirations and preferences. It requires that the community be presented with the key issues and challenges facing the Shire in order that they can have deliberative input into how Council, other government agencies and the community will respond to those issues and challenges. It also requires that the four-year delivery program and one-year operational plan be reviewed annually. This review process has now occurred for the 2020/21 financial year.

Draft 2020-2022 Delivery Program including the Operational Plan 2020/21

The draft 2020-2022 Delivery Program is Council’s response to the aspirations in Council’s Community Strategic Plan, Your Vision | Your Future 2028. The Delivery Program describes Council’s commitment to the community during its term of office and contains the principal activities to be undertaken. Those principal activities are aligned to the Services that Council carries out with the required funding allocated.

The Operational Plan for 2020/21 is encapsulated within the Delivery Program. It outlines the individual Key Initiatives, Ongoing Activities and capital works that will be undertaken and includes Council’s detailed annual budget and Statement of Council’s Revenue Policy which includes the proposed rates, fees and charges.

The draft 2020-2022 Delivery Program including the Operational Plan 2020/21 was prepared in advance of the Prime Minister activating the Australian Health Sector Emergency Response Plan for Novel Coronavirus, which may have a significant impact on the delivery of Council’s objectives as the situation evolves. The documents exhibited may be subject to revision and material change due to present circumstances and will be clarified as part of the final adoption of the Delivery Program.

Ongoing business disruption that is being experienced will have significant financial consequences on the draft 2020/21 Budget. The financial impact of this situation is being assessed, along with options to ensure Council continues to be managed in a fiscally responsible manner. It is intended that the outcomes of this assessment and any necessary adjustments to the draft 2020/21 Budget will be provided for consideration at the June 2020 General Meeting of Council.

The NSW Government’s decision to remove all territory south of the M2 from Hornsby Shire in May 2016 resulted in Council losing $10 million net each year. This has meant that Council’s income is not able to realise all of Hornsby Shire’s expectations of the many different services to be provided, and Council’s ability to deliver community priorities is threatened. Council continues to lobby the NSW Government for appropriate compensation. The draft Delivery Program including the Operational Plan 2020/21 represents Council’s best efforts to meet community priorities after recognising these constraints.

Key Initiatives outlined in the Delivery Program including the Operational Plan 2020/21 include:

· Completing 17 key technical studies undertaken under the Accelerated Local Environmental Plan (LEP) Review grant funding of $2.5 million from the NSW Government for Council to review its LEP to align with the priorities in the Greater Sydney Commission’s North District Plan

· Completing a review of the Integrated Land Use and Transport Strategy, including implementing a Car Parking Management Study

· Establishing a Place Management Framework

· Establishing a clothing reuse and drop-off point at Thornleigh Community Recycling Centre

· Development of a Digital Strategy to improve the customer experience

· Development and implementation of a Public Engagement Framework

· Undertaking a community satisfaction survey, and asset management consultation on the community’s desired service levels

· Commencing gateway and suburb signage replacements

· Development of a Wastewater Monitoring and Education Strategy to protect waterways and public health

· Preparation of a Coastal Management Program

· Preparation of a Bushfire Management Strategy

Research undertaken in the development of Your Vision | Your Future 2028 demonstrated that “living in the Hornsby Shire area gives you a sense of living in a community” as being the strongest driver in determining how residents perceive their quality of life, with 99% of residents believing they have a good to excellent quality of life. In essence, Hornsby Shire is a community that has high expectations for the quality of life and services enjoyed by residents, businesses and visitors. These expectations can best be met by Council if it continues to provide services at the levels provided in the past, including a strong focus on capital works.

Capital works items which are detailed in the Operational Plan 2020/21 total $45 million and include:

· $18m to finalise and adopt concept master plans for the recreational use of Hornsby Park, commence detail design of park embellishments, and commence construction of stage 2 earthworks

· $7m to commence construction of Stage 1 Asquith-Mount Colah streetscape improvements (Peats Ferry Road from Hookhams Corner to Wattle Street)

· $3m to finalise a Plan of Management for Westleigh Park, undertake studies for submission of a Development Application for development of a recreation precinct, and commence detail design of the recreation precinct

· $3.4m expenditure on local road improvements

· $3m expenditure on parks and sporting facilities

· $1m expenditure on local footpath improvements

· $700K expenditure on bushland recreational improvements

The draft 2020/21 Budget

The draft 2020/21 Annual Budget was also prepared in advance of the Prime Minister activating the Australian Health Sector Emergency Response Plan for Novel Coronavirus, which may have a significant impact on the delivery of initiatives included within the budget and the forecast result as the situation evolves. Any necessary adjustments to the draft 2020/21 Budget will be provided for consideration at the June 2020 General Meeting of Council.

Council staff commenced preparation of the draft 2020/21 Budget in December 2019. To minimise some of the financial constraints and considerations impacting on local government generally and Council specifically, and to avoid excessive bids for funding which could not be met, the draft 2020/21 Budget parameters included:

· Alignment with the parameters and projects identified in the Long-Term Financial Plan, adopted by Council at the 13 March 2019 General Meeting.

· A general rate increase of 2.6% for 2020/21 – i.e. the percentage increase approved by IPART.

· Zero external loan borrowing and the continuation of prudent financial management.

· A nil increase to Divisional expenditure (net of direct labour) for material and contract expenditure - this is despite substantial price increases, particularly for construction materials. Any increase has been required to be offset by productivity improvements, service reductions or increased fees.

· Direct salaries and wages to include provision for the Local Government (State) Award increase (estimated). A labour increase of 2.5% for 2020/21 has been allowed and calculated on 50 pay weeks. The two-week reduction from a full year represents organisational savings which occur as a result of the average delay in replacing staff members who retire/resign/etc. and/or productivity improvements that are required.

· The use of Council staff where possible to undertake SRV projects; Section 7.11 and 7.12 Development Contributions projects; and other funded projects.

· The September Quarterly Budget Review 2019 was used as the starting point for 2020/21 estimates.

Council’s Long-Term Financial Plan (LTFP) forecasts a target surplus of $5.1 million in the Annual Budget in 2020/21. This cash surplus, together with the cash surpluses forecast in the first four years of the LTFP are required to fund a $20 million shortfall in the Annual Budget in 2023/24 to fund projects identified in Council’s Sportsground Strategy.

Whilst the parameters identified in the LTFP have been followed the cash surplus forecast is $1.6 million, which is $3.5 million below that forecasted in the LTFP. This reduction is because of four items that have occurred since the LTFP was adopted in March 2019.

1. Decrease to Investment Income - $1.2M (net)

The Reserve Bank of Australia has cut the interest base rate by 1% from 1.5% to 0.5% since the LTFP was adopted, reducing the estimated amount of general fund income from Council’s Investment Portfolio.

2. Increase to Emergency Services Levy - $440K

The 2019/20 Annual Budget included a $300K recoupment of costs from the NSW State Government to fund the first-year increase from new workers compensation arrangements to the levy. Funding has not been offered for any future years and the draft 2020/21 Annual Budget also includes a 5% increase to the levy (estimated), which is expected to increase following recent bush fire events.

3. Increase to Planning Legal Expenditure – $500K

Council resolved to include a recurrent budget of $500K for additional legal expenditure for the Planning and Compliance Division at the 12 June 2019 General Meeting.

4. Galston Aquatic Centre Roof - $1.35M

At the 12 June 2019 General Meeting Council also resolved to provide a budget of $3 million for the replacement of the roof over the indoor 24 metre pool facility at Galston Aquatic Centre, spread across the 2019/20 and 2020/21 financial years. The draft 2020/21 Annual Budget includes $1.35M to provide the final portion of the $3M allocation.

As the 2020/21 surplus is below that of the amount that is forecasted in the LTFP by $3.5 million a revision of this document will be required along with careful consideration as to alternative funding options associated with the sportsground strategy initiatives. This will be required to be evaluated in context of changing business conditions associated with COVID-19 and the impact on recurrent service provision.

Fees and Charges

The proposed Fees and Charges for 2020/21 have been reviewed and increased by the CPI or by an amount which has regard to market conditions and the appropriate cost recovery level. Opportunities to recover administrative and overhead costs in respect of business activities have also been investigated and implemented where appropriate. Where applicable, the final price includes GST which does not contribute revenue to Council but is forwarded to the Federal Government.

For 2020/21, most fees and charges have been increased by a CPI forecast of 2%. In respect to the Domestic Waste Management charge an increase of 5% has been required due to the need to fund future waste management initiatives under Council’s waste management strategy.

Rating Structure

Council reviewed its rating structure at the April 2006 Ordinary Meeting when it considered Executive Manager’s Report No. CC20/06. That structure has applied in respect of the calculation of the rates since that time and it is recommended that the same rating structure continue in 2020/21. Details of the rates types and yields, rating categories, base amounts, minimum rates for business properties, ad valorem amounts, and other statutory rating information are set out in the draft Operational Plan document.

The Valuer General supplied Council with new land values for properties across the Shire as at 1 July 2019. These values have been used for the 2020/21 financial year and will continue to be used for the 2021/2022 and 2022/23 financial years. The rating information is in line with the 2.6% increase approved by IPART for 2020/21. The base amount for ordinary, residential and farmland rates will increase from $555 in 2019/20 to $570 in 2020/21.

CONSULTATION

The formal public exhibition period for the draft 2020-2022 Delivery Program including the Operational Plan 2020/21 is scheduled to occur from Thursday 9 April to Monday 11 May 2020. Comments received during the formal exhibition period will be considered and reported to Council prior to adoption of the final documents in June 2020.

BUDGET

Any budget implications have been included in the Discussion section of this Report.

POLICY

The draft 2020-2022 Delivery Program including the Operational Plan 2020/21 is Council’s principal instruction to the organisation and describes Council’s commitment to the community during its remaining term of office and beyond.

CONCLUSION

The draft 2020-2022 Delivery Program including Operational Plan 2020/21 (including the Budget, Fees and Charges and Rating Structure) encompass Council’s prudent and financially viable response to the community’s priorities and expected levels of service. Public exhibition of these documents provides an opportunity for the community to give feedback on any proposed initiative or activity for 2020/21. That feedback will be considered by Council prior to final adoption of the documents in June 2020.

RESPONSIBLE OFFICER

The officers responsible for the preparation of this Report are the Chief Financial Officer – Duncan Chell and the Manager, Strategy and Place Unit – Louise Gee, who can be contacted on 9847 6822 and 9847 6531 respectively.

Glen Magus

Director - Corporate Support

Corporate Support Division

Steven Head

General Manager

Office of the General Manager

Attachments:

1.	Draft 2020-2022 Delivery Program including Operational Plan 2020/21
2.	Draft Fees and Charges 2020/21

File Reference: F2020/00027

Document Number: D07875020

Director's Report No. CS8/20

Corporate Support Division

Date of Meeting: 8/04/2020

4 INVESTMENTS AND BORROWINGS FOR 2019/20 - STATUS FOR PERIOD ENDING FEBRUARY 2020

EXECUTIVE SUMMARY

· This Report provides details of Council’s investment performance for the period ending 29 February 2020 as well as the extent of its borrowings at the end of the same period.

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

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

· In respect of Council’s cash and term deposit investments, the portfolio achieved an annualised return for February 2020 of 0.15% and year to date 2.38%.

RECOMMENDATION

THAT the contents of Director’s Report No. CS8/20 be received and noted.

PURPOSE

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

BACKGROUND

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

DISCUSSION

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

Council’s investment performance for the month ending 29 February 2020 is detailed in the attached document. In summary, the portfolio achieved an annualised return for February 2020 of 0.15% and year to date 2.38%.

In respect of Council borrowings, the weighted average interest rate payable on outstanding loans taken out from June 2010 to date, based on the principal balances outstanding is 6.42%. The Borrowings Schedule as at 29 February 2020 is also attached for Council’s information.

BUDGET

Revised budgeted income for 2019/20 is $6,397,008 with an average budgeted monthly income of $553,084. Investment income for the month ended 29 February 2020 was $50,251 which includes interest income of $434,904 and a negative return of $384,653 from TCorp Managed Funds.

Budgeted investment income year to date at February 2020 is $4,264,672. Total investment income year to date at 29 February 2020 is $4,761,251 which includes a net gain of $424,203 from TCorp Managed Funds and a one-off receipt of $319,902 in relation to a class action against Standard and Poor’s for compensation of losses incurred on structured investment products during the global financial crisis.

Approximately 29% of the investment income received by Council relates to externally restricted funds (e.g. Section 7.11 and Section 7.12 development contribution funds) and is required to be allocated to those funds. All investments have been made in accordance with the Local Government Act, the Local Government (General) Regulation and Council's Investment of Surplus Funds Policy and Investment Strategy.

Current market instability caused by uncertainty over current external factors have led to a cut in the cash rate in March 2020. The consequence of this rate cut will have an impact on the reinvestment of term deposit rates. While the returns from TCorp Managed Funds are presently experiencing significant market volatility this product has a 7-year investment horizon and will therefore reflect marked to market valuations on a monthly basis.

CONCLUSION

The investment of Council funds and the extent of its borrowings as at 29 February 2020 are detailed in the documents attached to this Report. Council’s consideration of the Report and its attachments ensures that the relevant legislative requirements and Council protocols have been met in respect of those investments and borrowings.

RESPONSIBLE OFFICER

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

Duncan Chell

Chief Financial Officer

Corporate Support Division

Glen Magus

Director - Corporate Support

Corporate Support Division

Attachments:

1.	HSC Investment Summary Report February 2020
2.	HSC Borrowings Schedule 29 February 2020

File Reference: F2004/06987-02

Document Number: D07872007

Director's Report No. PL2/20

Planning and Compliance Division

Date of Meeting: 8/04/2020

5 REPORT ON SUBMISSIONS - HORNSBY SHIRE HERITAGE ACTION PLAN 2019

EXECUTIVE SUMMARY

· At its meeting on 8 May 2019, Council resolved to place the Hornsby Shire Heritage Action Plan 2019 on public exhibition. The Action Plan was prepared as part of the Accelerated LEP Review to assist Council scope and stage its new Comprehensive Heritage Study.

· The Action Plan was exhibited from 19 August 2019 to 16 October 2019 to coincide with the exhibition of the Local Strategic Planning Statement (LSPS).

· During the exhibition 11 submissions were received which are generally supportive of the Heritage Action Plan and Council’s commitment to a Comprehensive Heritage Study.

· Broader feedback on the LSPS also indicated strong support for the key priority of Council to protect, conserve and promote natural and cultural heritage.

· It is recommended that the Comprehensive Heritage Study commence with the strategic tasks recommended in the Action plan to be undertaken immediately and the remaining tasks be carried out in accordance with the program timeline attached to this report.

· This report was prepared in advance of the Prime Minister activating the Australian Health Sector Emergency Response Plan for Novel Coronavirus, which may have a significant impact on the priority and delivery of Council’s objectives as the situation evolves. Therefore, the budget for the Comprehensive Heritage Study program timeline attached to Directors Report No. PL2/20 may be subject to revision after the September 2020/21 first quarter review.

RECOMMENDATION

THAT:

1. Council endorse the commencement of the Comprehensive Heritage Study program timeline attached to Directors Report No. PL2/20.

2. 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 Action Plan 2019 and outline priorities to enable commencement of the Comprehensive Heritage Study.

BACKGROUND

At its meeting on 8 August 2018, Council considered Notice of Motion No. NOM 19/18 and resolved that:

1. Council consider undertaking a comprehensive heritage study to inform amendments to Council’s planning controls and the preparation of Local Strategic Planning Statements as part of Council’s $2.5 million Accelerated LEP Review funding agreement with the Department of Planning and Environment.

2. As part of the upcoming Informal Workshop with Councillors to discuss a new two-year Strategic Planning Program to progress the LEP Review, consideration be given to the scope, process, resource implications and timing of progressing a program for a comprehensive heritage study including a review of Council’s list of existing heritage items and conservation areas and opportunities to progress new listings.

3. Any process for progressing a heritage review include consultation with Council’s Heritage Advisory Committee given the technical expertise / specialist knowledge of the Committee members. Most especially as it includes the Historical Society, noted local heritage architects and specialist professionals with State Government experience in planning, urban design and heritage amongst others.

4. Consideration be given to identifying opportunities to fund and review ongoing heritage initiatives and procedures as part of the preparation of Council’s Long-term Financial Plan.

Due to the wide scope and cost of undertaking a comprehensive heritage study, a Heritage Gap Analysis and Action Plan was undertaken by GML heritage consultants to inform the scope of the Comprehensive Study. The Gap Analysis and Action Plan were presented to the Heritage Committee in April 2019, where feedback was provided to GML.

The final Heritage Gap Analysis report (with included Action Plan) was presented to Council on 8 May 2019. Council resolved that:

1. The Hornsby Shire Heritage Action Plan attached to Director’s Report No. PL6/19 be placed on public exhibition for a period of one month.

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

DISCUSSION

This report outlines the matters raised in the exhibition of the Heritage Gap Analysis Action Plan report and presents a program timeline to commence the new Comprehensive Heritage Study.

Exhibition

The Hornsby Shire Heritage Action Plan 2019 was placed on public exhibition at the same time as the exhibition of the LSPS. The exhibition period was from 19 August 2019 to 16 October 2019. Eleven submissions were received including 10 community submissions and 1 submission from Heritage NSW, Department of Premier and Cabinet.

Submissions

The 11 submissions are generally supportive of the Action Plan and include suggestions for amendments, including the proposed priorities, and are discussed below.

1. NSW Heritage Division Submission

The NSW Heritage Division congratulates Council on the strong recognition of heritage and culture as a fundamental aspect of the identity of the city and identifies both Council’s LSPS and Action Plan as positive actions and initiatives. The Heritage Division requests that Council consider a number of matters when finalising the LSPS including Aboriginal cultural heritage, landscapes, tourism, character and the ways heritage and culture contribute.

Comment: The matters highlighted by the NSW Division are considered in the Action Plan and any subsequent recommendations could be included in a future version of the LSPS.

Recommendation: That the comments of the NSW Heritage Division be taken into consideration in the preparation of consultant briefs as part of the Comprehensive Heritage Study strategic studies.

2. Support for High Priority Actions

The majority of submissions support the proposed priorities and actions, with some submissions providing detailed comment. One submission suggests a further prioritising of the high priority section which contains 18 high priority actions and one submission suggests nominations of new items be a high priority.

Comment: The priorities have been reviewed with regard to the submissions, consultation with the heritage advisory committee and the 4-year budget. The high priorities would need to be staged over two years to manage the large scope of works involved and be within the budget for the overall study. Nominations of new items can be provided to Council at any time. However, the attached program nominates review of current LEP Schedule 5 and known potential items in the first year and review of all items including new public nominations in the second year.

Recommendation: That the high priorities be staged over two years within the allocated budget.

3. On-Going Management

A number of submissions request that guidelines and requirements for on-going management for heritage items be prepared.

Comment: The management of Council owned items is an identified action under “Management of Council Owned Heritage Assets”. The management of Archaeological and Aboriginal items would be addressed under the actions for the updated Archaeological and Aboriginal studies. A management section could be considered as part of the review of the DCP heritage chapter.

Recommendation: On-going management guidelines be considered for inclusion when the DCP heritage chapter review commences. The action for the Management of Council Owned Heritage Assets remain as a priority.

4. Support for the Introduction of a Local Heritage Assistance Fund Grants Program

A number of submissions support and request a Local Heritage Assistance Fund grants program, particularly assistance with repairing elements of a listed item.

Comment: The action plan includes consideration by Council to reintroduce a Local Heritage Assistance Fund grants program.

Recommendation: That the action for consideration of a Local Heritage Assistance Fund grants program remain.

5. Reference Documents

Submissions refer to heritage management reference documents and suggest that these should be considered in ongoing studies.

Comment: The review of the DCP guidelines would be informed by best practice documents and guidelines.

Recommendation: All briefs include the requirement to reference best practice documents and guidelines.

6. Endorse High Priority Actions for Information to Owners and Staff Training.

Submissions endorse the high priority given to the action for information being prepared for prospective and current owners for heritage items and properties within conservation areas. In addition, one submission requested that a high priority be given to training for key staff who work with Council’s heritage assets.

Comment: These actions are scheduled to occur in years 3 and 4 and will be informed by the updated studies and new listings but could be combined to reduce costs and time.

Recommendation: That the priority action for information and training be combined and remain as a priority after the strategic studies have been completed.

7. Conservation of Old Side (West) of Hornsby

The submission refers to the redevelopment of the old west side of Hornsby, and concern is raised that the heritage value of both current buildings and the whole suburb will diminish.

Comment: The action plan includes the review of Heritage Conservation Areas (including the Hornsby west side) and review of the Shire for potential new heritage items.

Recommendation: That the action for the review of the current HCAs and the action for the identification of new items remain.

8. List of Properties nominated for inclusion as potential items.

Submissions have been received which include a list of properties for inclusion in the review of potential new heritage items.

Comment: The action plan includes the review of potential new items and is identified as a high priority to commence in the second year of the program.

Recommendation: That the list of potential new items identified in submissions be noted for review.

9. History

Reference is made to consultation with existing local history groups to occur as part of the study.

Comment: The updated history of the shire would include consultation with the local history groups of the area and will be included in relevant consultant briefs.

Recommendation: That the updated history of the shire include consultation with local history groups.

10. Review of Seniors Housing in HCAs

The impact of Seniors Housing development on the character of heritage conservation areas is raised as a concern.

Comment: The built forms of various infill development that have occurred in Heritage Conservation Areas (HCAs) would be investigated as part of the action ‘Review of LEP Heritage Conservation Areas (HCAs)’ with a view to strengthening the guidelines for built forms to protect the identified character and heritage values of an HCA.

The NSW State Government announced a “moratorium” on Seniors Housing Development Applications in Heritage Conservation Areas which is in place until 1 July 2020 to allow Councils time to submit alternative planning options.

An investigation of the demand and supply of seniors housing is ongoing. Council is aware that several existing residential care facilities within HCAs are seeking to redevelop and it is important to ensure that future policy decisions reflect a clear evidence base. This demand and supply analysis combined with the upcoming review of HCAs would provide further evidence to either support a continued moratorium of the Seniors Housing SEPP in HCAs or identify the circumstances where seniors housing may be supported.

Recommendation: That the action to review HCAs remain as a priority and that the review include consideration of the built form of various developments (including seniors housing) to assist in strengthening the management and conservation of the HCAs and identify the circumstances where seniors housing may be supported.

11. Classification of properties in HCAs

The classification of buildings in HCAs is supported by one submission and another submission is strongly opposed to any classification or mapping of places in HCAs due to a perceived loss of sites, trees and overall character.

Comment: The classification of properties as having contributory, non-contributory and neutral identification in HCAs is one of a number of measures used to assist with the conservation of an area.

Recommendation: That the project to identify and classify properties in HCAs remain in the program, with the consultant to provide advice to Council regarding the best use of classifications.

12. Rectification of anomalies and inconsistencies

Submissions support the review of the current LEP heritage list (Schedule 5 – Environmental heritage), with one submission requesting that the rectification of anomalies and inconsistencies occur without any further studies.

Comment: The action plan specifically includes the review of existing heritage inventory sheets and the review of the current LEP Schedule 5 list of heritage items. In addition, Council is currently preparing a housekeeping LEP to address current known minor anomalies in Schedule 5.

Recommendation: That the proposed actions for updating the existing heritage inventory sheets and reviewing the current LEP Schedule 5 items remain as a priority.

13. Community Consultation

Submissions support the action for a Community Engagement Strategy. One submission suggests that public nominations be invited for potential items and be included on Council’s website.

Comment: Council’s website includes a section for the public to ‘Have Your Say on Hornsby’s Heritage’ and nominate potential items. Updates to Council’s website and social media applications are scheduled to increase the profile of heritage in the area, as well as updating the community on the progress of the Comprehensive Heritage Study.

Recommendation: That the Community Engagement Strategy action remain as a priority. In addition, Council’s website and social media include updates on the progression of the Comprehensive Heritage Study and promote the ability of the community to nominate potential heritage items.

Hornsby Shire Heritage Advisory Committee Advice

At its meeting on 3 December 2019, Council’s Heritage Advisory Committee considered a summary of the submissions received and discussed the Action Plan priorities in detail. The Committee reached agreement that, chronologically, the updated strategic studies should be the top priorities which would inform many of the other actions including the identification of potential new items and updating the DCP. The Heritage Committee recommends that the first tasks for the commencement of the Comprehensive Heritage Study should be:

· Updated History of Hornsby Shire

· Updated Aboriginal Heritage Study

· Updated Archaeological Heritage Study

· Updated Landscape Heritage Study

Comprehensive Heritage Study Program and Timeframe

The Action Plan has provided the scope to commence the Comprehensive Heritage Study, with the updated strategic studies being the main tasks to commence first. Once completed the studies will inform many of the identified tasks of the Action Plan, including the review the Heritage Conservation Areas (HCAs) and statutory documents (LEP and DCP); new items, education, training, promotion, and ongoing management. A number of the identified actions could be combined for efficiency and some carried out in house to reduce costs.

As a large number of actions were nominated in the plan as high priorities, it is proposed that the majority of these be carried out over the first two years of the Study, with the recommended updated strategic studies commencing in the first year. However, where budget and resources become available during the program, projects will be brought forward.

The attached Comprehensive Heritage Study program timeline provides a timeframe to commence the projects identified in the Action Plan over the coming 4 years.

STATUTORY CONSIDERATIONS

The Action Plan has provided Council with the necessary tasks to commence the Comprehensive Heritage Study which will inform amendments to heritage related planning controls and key heritage priorities of the Local Strategic Planning Statement (LSPS). The updated heritage studies and actions identified will assist Council managing the heritage of the Shire within the HLEP and HDCP statutory planning instruments.

BUDGET

At its meeting on 13 March 2019, Council allocated $1.7 million over four years in its Long-Term Financial Plan to undertake the Comprehensive Heritage Study. The annual budget for the Study is $425, 000. However, this report was prepared in advance of the Prime Minister activating the Australian Health Sector Emergency Response Plan for Novel Coronavirus, which may have a significant impact on the priority and delivery of Council’s objectives as the situation evolves. Therefore, the budget for the Comprehensive Heritage Study may be subject to revision after the September 2020/21 first quarter review.

The majority of the high priority tasks will be staged over two years to fit the allocated annual budget for the Study. The remaining identified priority tasks and those that will be ongoing can be accommodated in the 3- and 4-year periods of the budget and timeframe.

The identification of potential new heritage items and associated heritage inventory sheets currently have an indicative budget. Once studies are finalised and additional nominations are received, the budget may require review depending on the number of new items identified.

CONCLUSION

The Hornsby Shire Heritage Gap Analysis and Action Plan 2019 acknowledge Council’s proven commitment to the conservation of natural and cultural heritage. The Action Plan has been exhibited and the submissions received considered in this report.

The attached Comprehensive Heritage Study Program Timeline will be used as the basis to prioritise and inform briefs required for consultants to commence the studies and actions recommended.

RESPONSIBLE OFFICER

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

Katherine Vickery

Manager - Strategic Landuse Planning

Planning and Compliance Division

James Farrington

Director - Planning and Compliance

Planning and Compliance Division

Attachments:

Comprehensive Heritage Study Program Timeline

File Reference: F2018/00162-002

Document Number: D07835784

Director's Report No. PL6/20

Planning and Compliance Division

Date of Meeting: 8/04/2020

6 SECTION 7.11 DEVELOPMENT CONTRIBUTIONS PLAN

EXECUTIVE SUMMARY

· Section 7.11 (formerly Section 94) of the Environmental Planning and Assessment Act 1979 (EP&A Act) allows councils to impose a levy on new development.

· Council may collect monetary contributions under Section 7.11 to fund community infrastructure that is required to meet the demands of that development.

· A review of the existing Hornsby Section 94 Development Contributions Plan 2014-2024 has been undertaken based on the revised local government area boundary following the transfer of lands south of the M2 motorway to the City of Parramatta Council.

· A new draft Hornsby Section 7.11 Development Contributions Plan 2020-2030 (Section 7.11 Plan) has been prepared with updated terminology and references a new works schedule that includes projects identified through strategic planning studies and/or Council’s operational and delivery plan.

· This report was prepared in advance of the Prime Minister activating the Australian Health Sector Emergency Response Plan for Novel Coronavirus, which may have a significant impact on the delivery of Council’s objectives in its operational and delivery plan as the situation evolves. Therefore, the draft Section 7.11 Plan may be subject to revision at the September 2020/21 first quarter review.

· It is recommended that the draft Hornsby Section 7.11 Development Contributions Plan 2020-2030 be placed on public exhibition and a report on submissions be presented to Council. Once adopted, the Section 7.11 Plan would repeal the existing Hornsby Section 94 Development Contributions Plan 2014-2024 and any unspent money held in restricted accounts will be used to complete the remaining projects associated with the Plan or be rolled over into the new Plan to be spent on the same or a similar project.

RECOMMENDATION

THAT:

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

PURPOSE

The purpose of this report is to seek Council’s endorsement to exhibit the new draft Hornsby Section 7.11 Development Contributions Plan 2020-2030.

BACKGROUND

On 12 May 2016, the Local Government (City of Parramatta and Cumberland) Proclamation 2016 resulted in boundary changes to the Hornsby and Parramatta Local Government Areas (LGAs). A review of Council’s development contributions plan review has primarily arisen as a result of the transfer of land south of the M2 Motorway to the City of Parramatta Council.

Population forecasts and projects outlined in Council’s current Section 94 Development Contributions Plan have been updated based on the revised Hornsby LGA boundary. An external consultant was engaged to finalise the review of the plan and facilitate workshops with internal facilities managers to prepare a new works program to be funded by development contributions under Section 7.11.

The draft Hornsby Section 7.11 Development Contributions Plan 2020-2030 has now been finalised for the purposes of public exhibition and adoption.

DISCUSSION

Section 7.11 of the EP&A Act allows councils to require the payment of a monetary contribution through conditions of consent for development which generates an increased demand on Council’s infrastructure, facilities and services. This ensures that new development contributes to the cost of providing new facilities and services or maintaining a level of service in the Shire and that existing ratepayers are not burdened with covering the costs of providing or upgrading roads, open space, libraries and community centres that are required to service the additional population. The contributions can only be authorised under a Contributions Plan which forecasts future development and outlines a schedule of works, including costings, for any upgrades or new work required.

The review of Council’s existing Plan has primarily arisen as a result of the transfer of land south of the M2 Motorway to the City of Parramatta Council. The process has also provided an opportunity to review the works schedule to delete completed projects and to reconsider priorities and likelihood of the reasonable delivery of the works program given the significant implications of the Local Government Area boundary adjustment and changing strategic priorities for the provision of services and facilities.

The draft Section 7.11 Plan caters for the period 2020-2030 and applies to new residential and non-residential development. Population forecasts prepared by .id the Population Experts (.id) and endorsed by Council in April 2019 have been used by the consultant in the preparation of the Plan.

The current works program is proposed to be replaced with a new works program which reflects community priorities identified in Council’s Community Strategic Plan that are capable of reasonable delivery in the medium and long term.

Changes to the works schedule from the current adopted plan include:

· Deletion of 20 projects which have been completed

· Deletion of 12 projects due to the local government boundary change

· Deletion of 6 projects due to a change in Council’s strategic priorities or inability to proceed

· Addition of 44 new projects identified through strategic planning studies and/or Council’s operational and delivery plan

The new works program includes approximately $343 million of capital projects, comprising those rolled over from the current plan and the newly identified projects. These include local road improvements, new and embellished open space and recreation facilities and the upgrading of local community facilities. It is anticipated that approximately $156 million can be attributed and collected from future development over the 10-year period of the plan. Some projects have already had expenditure to date, some projects have grant funding and there are funds on hand to meet the residual cost to Council to deliver the capital projects.

The draft contributions rates in the new Section 7.11 Plan have increased due to indexation of costs and additional projects added to the works schedule. However, the contribution rates for a new dwelling/lot/unit is capped at $20,000 due to a prevailing Ministerial Direction. The new Plan has been drafted to show uncapped contribution rates in the event that the cap is increased or removed. Application of the cap will result in a shortfall of approximately $6.7 million over the 2020-2030 period, which can be met by existing Section 7.11 funds on hand.

CONSULTATION

A Working Group comprising Group Managers, Branch Managers, Chief Financial Officer and facilities managers met numerous times and also individually with the consultant to prepare the works program.

The consultation and draft Plan was prepared in advance of the Prime Minister activating the Australian Health Sector Emergency Response Plan for Novel Coronavirus, which may have a significant impact on the delivery of Council’s objectives in its operational and delivery plan as the situation evolves. Therefore, the draft Section 7.11 Plan may be subject to revision at the September 2020/21 first quarter review.

The EP&A Act requires that Council publicly exhibit a draft contributions plan for 28 days through public notice in a local newspaper. Should Council endorse the draft Plan attached to this report for exhibition, a notice will be placed in local newspapers setting out where the draft Plan can be viewed and the period during which submissions may be made. A notice will also be placed on Council’s website, along with electronic copies of the draft Plan.

BUDGET

The cost of consultant input into the contributions plan review has been met within the Strategic Land Use Planning Branch annual operating income.

POLICY

The draft Hornsby 7.11 Development Contributions Plan 2020-2030 will repeal and supersede the current Hornsby Section 94 Development Contributions Plan 2014-2024.

CONCLUSION

This report presents a draft Section 7.11 Development Contributions Plan which has been prepared by a consultant in accordance with the requirements of the EP&A Act, Ministerial Directions and Practice Notes issued by the Department of Planning. The Plan outlines works required to support new development. It is recommended that Council endorse the attached draft Hornsby Section 7.11 Development Contributions Plan 2020-2030 for public exhibition.

RESPONSIBLE OFFICER

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

Katherine Vickery

Manager - Strategic Landuse Planning

Planning and Compliance Division

James Farrington

Director - Planning and Compliance

Planning and Compliance Division

Attachments:

Draft Section 7.11 Development Contributions Plan - for exhibition

File Reference: F2010/00015-04

Document Number: D07879817

Director's Report No. PL7/20

Planning and Compliance Division

Date of Meeting: 8/04/2020

7 GREATER SYDNEY COMMISSION REPORT ON SENIORS HOUSING IN RURAL AREAS

EXECUTIVE SUMMARY

· The Greater Sydney Commission (GSC) commenced an investigation into planning challenges with State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 (the Seniors Housing SEPP) in 2018, in response to representations made by The Hills and Hornsby Councils raising concerns with the proliferation of seniors housing developments in rural areas.

· A Project Control Group (PCG) was formed to assist with the investigation. The PCG comprised representatives from Hornsby Council, The Hills Council, the GSC and Department of Planning Industry and Environment (DPIE) and was chaired by the North District Commissioner.

· The PCG met regularly between September 2018 and August 2019 to share information, data on development activity, case studies and to highlight issues experienced with the Seniors Housing SEPP.

· A report titled, Investigation into the cumulative impacts of Seniors Housing in the rural areas of The Hills and Hornsby local government areas, has been prepared by the GSC and submitted to the Secretary of DPIE.

· It is recommended that a submission be sent to the Secretary of DPIE and the Minster for Planning and Public Spaces, urging that the Seniors Housing SEPP be reviewed in light of the recommendations within the GSC report and that (at minimum) a temporary suspension of the Seniors Housing SEPP from the rural areas be granted.

· Such suspension would enable councils time to complete their housing strategies and rural land studies with a view to determining how are where the demand for seniors housing would best be met.

RECOMMENDATION

PURPOSE

The purpose of this report is to present the Investigation into the cumulative impacts of Seniors Housing in the rural areas of The Hills and Hornsby local government areas, prepared by the GSC and to identify next steps concerning advocacy for changes to the Seniors Housing SEPP.

BACKGROUND

The Seniors Housing SEPP overrides Council’s local planning controls and permits seniors housing developments on rural zoned land where it adjoins urban zoned land. The State Government and the relevant Planning Panel evaluate and can issue Site Compatibility Certificates (SCCs) for Seniors Housing, having considered any written comments from Council, and if it is of the opinion the proposed development is compatible with surrounding land uses.

For more than a decade, Hornsby Council has been providing written comments objecting to the issuing of SCCs and raising concerns with the inconsistency of seniors housing with the objectives of the rural zones, impacts on environmental constraints, insufficient servicing, overdevelopment, impacts on the character of the rural areas and, in some individual cases, non-compliances with the compatibility criteria within the SEPP.

In March 2018, the Greater Sydney Region Plan and North District Plan were finalised. These plans identify that urban development is not consistent with the values of the Metropolitan Rural Area and include an action to limit urban development to within existing urban areas.

This position highlights a conflict with State Government planning policy which promotes seniors housing development in the rural lands on the urban boundary, indicating that the strategic planning framework for Greater Sydney has fundamentally changed since the introduction of the Seniors Housing SEPP in 2004.

Since the finalisation of the North District Plan, Council has continued to object to the issuing of SCCs and advocated for a review of the use of SCCs to facilitate seniors housing on rural land. In response to the numerous representations by Council over many years and in light of the more recent broader metropolitan and district planning considerations, the Greater Sydney Commission commenced an investigation into the planning challenges being experienced, in particular, by Hornsby and The Hills Councils.

A report, titled Investigation into the cumulative impacts of Seniors Housing in the rural areas of The Hills and Hornsby local government areas, prepared by the GSC (copy attached), documents the findings of the investigation and provides recommendations for consideration by the Secretary of DPIE.

DISCUSSION

This report presents the GSC’s Investigation into the cumulative impacts of Seniors Housing in the rural areas of The Hills and Hornsby local government areas which documents the findings of an examination of the planning challenges being experienced by Hornsby and The Hills Councils in relation to seniors housing developments in rural areas.

Investigation Report

The Investigation into the cumulative impacts of Seniors Housing in the rural areas of The Hills and Hornsby local government areas by the GSC includes consideration of the following:

· Social and Demographic Context

· Economic Context

· Development Activity and Trends

· Development Decisions

· Stakeholder Insights

· Rural Values and Local Character

· Alignment with Strategic Planning

· Infrastructure Provision

In summary, the report finds that, although ageing is happening across NSW, the use of the Seniors Housing SEPP to develop rural land for seniors housing is concentrated in few LGAs. Close to 19% of SCC applications in NSW were made in Hornsby and The Hills areas between October 2009 and September 2018.

There is adequate supply, and potential over-supply, of Seniors Housing in the Hills and Hornsby LGAs generally. Requirements for large sites with level access and land values are potentially driving developer demand for flat sites in rural areas. The report notes that SCC provisions lead to speculation as it provides a mechanism to increase the value of landholdings in rural areas before on-selling.

Seniors Housing based on development standards within the SEPP typically result in an urban built form rather than reflecting rural character. Developments generally comprise medium density multi-unit housing complexes with only modest landscaping and deep soil planting requirements under the State Policy. This impact on the scenic and cultural landscapes of the rural areas underlines the importance of adopting a place-based approach to addressing demand for seniors housing in the rural areas.

The report notes that the strategic planning framework for the Greater Sydney Region has fundamentally changed since the Seniors Housing SEPP was introduced in 2004. Councils are preparing Local Strategic Planning Statements and many councils are preparing new or updated Rural Lands Studies, highlighting the critical role of local strategic planning rather than ad-hoc planning outcomes resulting from the Seniors Housing SEPP.

The ad-hoc planning outcomes of seniors housing developments in rural areas makes it difficult to address the coordinated provision of infrastructure and there is no opportunity to negotiate contributions towards to provision of regional infrastructure upgrades.

The report includes recommendations for consideration by the Secretary of DPIE to respond to impacts of the Seniors Housing SEPP in the rural areas of Hornsby and The Hills LGAs.

These recommendations include:

· Prioritization and consideration of rural character under the SEPP

· A place-based planning approach

· Better alignment of the SEPP with the current strategic framework of Local Strategic Planning Statements and local, evidence-based studies

· Monitoring of cumulative impacts

· Development of design and landscaping guidelines for seniors housing in a rural context

· Strengthening consideration of environmental values on rural land

· Improving the viability of seniors housing developments in infill urban areas

· Consideration of piloting a temporary suspension of SCCs in the rural areas of Hornsby and The Hills while each Council develops their place-based planning framework

The report notes that, although representatives from the Hills and Hornsby Councils generally support the recommendations, they do not go far enough. At a minimum, Council’s representatives have argued in favour, in the first instance, of the immediate suspension of the Seniors Housing SEPP from rural areas to enable Councils time to complete their housing strategies and rural land studies with a view to determining how are where the demand for seniors housing would best be met.

Project Control Group

To assist with its investigation, the GSC established a Project Control Group (PCG). The Director, Planning and Compliance and the Manager, Strategic Planning, represented Council on the PCG, which also comprised representatives from the GSC, DPIE, the Hills Council and was chaired by North District Commissioner Deborah Dearing.

The role of the PCG was to finalise an agreed scope for the investigation, identify work underway by councils that could contribute to evidence for the investigation, provide recommendations for suitable planning and housing marker experts to assist and confirm stakeholders and stakeholder engagement.

The PCG met regularly between September 2018 and August 2019 to share information, data on development activity, case studies and to highlight issues experienced with the Seniors Housing SEPP. This enabled a collaborative approach to be taken in reviewing the impacts of seniors housing in rural areas, the identification of a range of perspectives and informed a well-considered policy response to address issues.

As outline above, Council’s PCG representatives argued strongly for immediate and permanent suspension of the SEPP from Hornsby Shire’s rural areas as such developments are incompatible with the character, unsuitable from an infrastructure perspective and are not needed to meet current or future demand.

Next Steps

The GSC has submitted its report and recommendations to the Secretary of DPIE for consideration. Clarification has been sought from both the GSC and DPIE regarding the next steps. In the meantime, it is recommended that a submission be sent to the Secretary of DPIE and the Minster for Planning and Public Spaces, urging that the Seniors Housing SEPP be reviewed in light of the recommendations within the GSC report and that, at a minimum, a temporary suspension of the Seniors Housing SEPP from the rural areas be granted. Local Strategic Planning Statements and local, evidence-based studies such as the Rural Lands Study currently underway, should be acknowledged as the appropriate place-based approach to planning for local communities.

BUDGET

There are no budgetary implications associated with this Report.

POLICY

The Seniors Housing SEPP is a State Government policy which overrides local planning controls. The recommendations from the GSC’s report have been provided to the Secretary of DPIE for consideration and any changes to the SEPP would be implemented by the State Government.

CONCLUSION

The Greater Sydney Commission’s investigation into planning challenges with the Seniors Housing SEPP and the establishment of a PCG to assist the investigation, has enabled a collaborative approach to review the impacts of seniors housing in rural areas. The report by the GSC documents well-considered evidence, a range of perspectives and a number of possible policy responses. However, the recommendations do not go far enough, and it is recommended that a submission be sent to the Secretary of DPIE and the Minster for Planning and Public Spaces, urging that the Seniors Housing SEPP be reviewed in response to the GSC report and that, at a minimum, a temporary suspension of the Seniors Housing SEPP from the rural areas be granted.

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:

Seniors Housing Investigation Report - Greater Sydney Commission - rural areas

File Reference: F2004/09011

Document Number: D07880280

Director's Report No. PL4/20

Planning and Compliance Division

Date of Meeting: 8/04/2020

8 DESIGN EXCELLENCE PANEL – APPOINTMENT OF MEMBERS

EXECUTIVE SUMMARY

· At its meeting on 12 June 2019, Council resolved to establish a Hornsby Shire Council Design Excellence Panel and undertake an expression of interest (EOI) process to appoint appropriately qualified and experienced consultants to participate on the Panel. Council also adopted Terms of Reference for the Panel.

· Public notification to seek expressions of interest to be appointed to the Panel was undertaken between 1 August 2019 and 30 August 2019.

· In response to the EOI process, 33 submissions were received from architects, landscape architects, urban designers and project managers. A short list of applicants was interviewed in March 2020.

· Applications have been assessed and nine panel members have been selected in accordance with the Design Excellence Panel Terms of Reference.

RECOMMENDATION

THAT:

2. Council write to all applicants thanking them for their interest.

PURPOSE

The purpose of this report is to seek Council’s endorsement of nominees for the Hornsby Shire Council Design Excellence Panel.

BACKGROUND

In response to representations from the community concerning the built form and character of unit developments in Hornsby Shire, at its meeting on 8 November 2017, Council resolved to undertake a review of built form outcomes and planning controls including the introduction of further landscaping requirements. At the meeting, Council also considered Council’s design excellence provisions and resolved that a report be prepared concerning expanding the application of the provisions to townhouses and residential flat buildings.

At its meeting on 10 October 2018, Council considered Group Manager’s Report No. PL26/18 regarding the Design Excellence Review of Planning Controls and presenting draft Development Control Plan (DCP) amendments. Council resolved to exhibit the draft DCP amendment for community comment and (in part) that:

· Council endorse in principle the establishment of a formal Design Excellence Advisory Panel, with a further report being presented to Council concerning the appointment, constitution, fee structure and yearly budget allocation for the Panel.

· In the interim, Council endorse the restructure and utilisation of Council’s current Design Excellence Panel as set out in Group Manager’s Report No. PL26/18 until such time as the formal Panel is established.

In accordance with Council’s resolution, two formal Design Excellence Panel meetings were conducted to ascertain the design benefits and outcomes of a Design Panel as part of the Development Application assessment process and to determine the constitution and associated costs in running a Panel meeting.

At its meeting on 12 June 2019, considered Director’s Report No. PL17/19 and resolved to establish a Hornsby Design Excellence Panel and undertake an EOI process to appoint appropriately qualified and experienced consultants to participate on the Panel. Council also adopted Terms of Reference for the Panel. Public notification to seek expressions of interest to be appointed to the Panel was undertaken between 1 August 2019 and 30 August 2019.

A Councillor Workshop was conducted in September 2019 to discuss the process for the consideration of the EOIs including how Councillors would like to be consulted in the review of the submissions and the potential to interview a short-list of preferred candidates. After discussion, it was generally agreed that the full list of candidates and their submissions along with the review of EOIs by Council officers should be circulated electronically to Councillors for review and feedback.

The full list of candidates and their submissions along with the review of submissions by Council officers was circulated to Councillors for review and feedback in February 2020. Interviews were conducted of the short-list of Panel members on 6 March 2020.

DISCUSSION

This report discusses the process for the evaluation of the expressions of interest received for member positions on the Hornsby Shire Council Design Excellence Panel.

The constitution of Design Review Panels under the provisions of State Environmental Planning Policy No. 65 (Design Quality of Residential Apartment Development), the NSW Government Architect’s office recommends that a Panel should consist of members who satisfy the following criteria:

· Significant experience in a relevant design field for example Architecture, Urban Design, Landscape Design or Heritage.

· Suitably qualified in their relevant field and either registered with their relevant professional body, or eligible for registration.

· The quorum for the Panel should comprise at least one architect, one landscape designer and one member from any of the abovementioned design fields (3 panel members).

· Not a Councillor or Council officer.

Appointment of External Panel Members

Under the Terms of Reference, individuals would be required to demonstrate that they meet the criteria established by the Government Architect as well as the following:

· A professional that can demonstrate a sound understanding of the desired urban design values and outcomes for Hornsby Shire.

· A professional that possesses the relevant skills and experience, such as:

o Experience on other Panels providing independent expert input on development matters

o Does not undertake regular work in Hornsby Shire

o Professional indemnity insurance of $5 million

o Public liability insurance of $10 million

o Certificate of currency for workers compensation insurance

On February 2020, the list of expressions of interest received was forwarded to Councillors for review and feedback.

A panel of 3 staff members comprising the Director Planning and Compliance, Manager Development Assessments and Manager Strategy and Place evaluated the nominations against the above criteria. No concerns were raised by Councillors concerning the short list of consultants.

The shortlisted candidates were invited to participate in interviews held on 6 March 2020 to provide them the opportunity to better identify how their qualities and experience are suited to participating on the Hornsby Shire Council Design Excellence Panel.

Various selection criteria were applied, including depth of experience and knowledge of the Hornsby LGA. After evaluation of application material and the interview process, the selection panel recommended the appointment of 9 panel members. The nine recommended applicants are:

· Jon Johannsen – Urban Design/Architecture

· Andrew Stanic – Architect

· David Epstein – Architecture/Urban Design

· Marc Deuschle – Landscape Architect

· Karla Castellanos – Urban Design/Architecture

· Ron Edgar – Heritage and Urban Design

· Matthew Taylor – Landscape Architect and Heritage

· Brett Newbold – Urban Design/Architecture

· Stephen Collier – Architect

The applicants interviewed for the Design Excellence Panel were selected based on their extensive experience across a range expertise in architecture, urban design, heritage and landscape design. All of the applicants have experience as members on other design excellence panels at a range of government levels and in Land and Environment Court matters. A number of applicants have also received design awards in Architecture.

BUDGET

The cost of operating the Design Excellence Panel would be borne by the applicant and charged in accordance with Council’s adopted fees and charges. Council’s Development Assessments Team would organise meetings to ensure sufficient items are considered at the Panel meeting to cover the fees of the Panel members.

POLICY

There are no additional policy implications.

CONCLUSION

It is recommended that Council appoint the recommended applicants for the Hornsby Shire Council Design Excellence Panel for a two-year term.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Manager Development Assessments – Rod Pickles.

Rod Pickles

Manager - Development Assessments

Planning and Compliance Division

James Farrington

Director - Planning and Compliance

Planning and Compliance Division

Attachments:

Revised Design Excellence Advisory Panel Terms of Reference

File Reference: F2014/00312-002

Document Number: D07873728