Agenda of General Meeting - Wednesday, 10 February 2021

Hornsby Shire Council Agenda and Summary of Recommendations

Page 0

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 10.4 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 December, 2020 be confirmed; a copy having been distributed to all Councillors.

Petitions

presentations

Rescission Motions

Mayoral Minutes

Page Number 1

Item 1 MM1/21 Acknowledgement of Country

RECOMMENDATION

THAT Council adopt the following wording for use in all corporate documents and when making an Acknowledgement of Country:

“Council recognises the Traditional Owners of the lands of Hornsby Shire, the Darug and Guringai peoples, and pays respect to their Ancestors and Elders past and present and to their Heritage. We acknowledge and uphold their intrinsic connections and continuing relationships to Country.”

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 3

Item 2 GM4/21 Performance Report December 2020 - Delivery Program 2020-22; and Budget 2020/21 - December Quarter Review

RECOMMENDATION

THAT the:

1. December 2020 Performance Report showing progress of the Delivery Program 2020-22, including the 2020/21 Operational Plan and Budget, be received and noted.

2. Quarterly Budget Review Statement for the period ending December 2020 be received and noted.

Corporate Support Division

Page Number 9

Item 3 CS3/21 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 1 July 2020 to 31 December 2020 have been tabled in accordance with the Councillors’ Expenses and Facilities Policy.

Page Number 16

Item 4 CS5/21 Investments and Borrowings for 2020/21 - Status for Periods Ending 30 November 2020 and 31 December 2020

RECOMMENDATION

THAT the contents of Director’s Report No. CS5/21 be received and noted.

Community and Environment Division

Page Number 19

Item 5 CE4/21 Waitara Park Plan of Management

RECOMMENDATION

THAT:

1. Council endorse the exhibition of the draft Plan of Management for Waitara Park attached to Director’s Report No. CE4/21.

2. A further report be brought to Council following the conclusion of the exhibition, public hearing and submission period.

Planning and Compliance Division

Page Number 25

Item 6 PC2/21 Natural Disasters Clause

RECOMMENDATION

THAT Council:

1. Endorse the inclusion of optional clause 5.9 of the Standard Instrument (Local Environmental Plans) Order into the Hornsby Local Environmental Plan 2013 to apply to all land use zones where dwelling houses are permitted.

2. Submit formal confirmation to the Department of Planning, Industry and Environment of the above.

Page Number 30

Item 7 PC3/21 Report on Submissions - Hornsby Development Control Plan Amendments- Housekeeping Planning Proposal

RECOMMENDATION

THAT:

1. Council approve the draft amendments to the Hornsby Development Control Plan 2013 as amended after the exhibition period and attached to Director’s Report No. PC3/21.

2. Notification of the approval of the amendments be published on Council’s website.

3. The City of Parramatta Council be advised of Council’s decision.

Page Number 34

Item 8 PC5/21 Sydney North Planning Panel and Hornsby Local Planning Panel - Panel Members

RECOMMENDATION

THAT Council:

1. Extend the term of appointment of the current independent persons on the Hornsby Local Planning Panel until 30 June 2021 as recommended by the Department of Planning, Industry and Environment.

2. Write to the Minister of Planning to request that the term of office of the current panel members of the Hornsby Local Planning Panel should be extended until 31 March 2022 to enable appropriate time to undertake an expression process and appointment of panel members by the newly elected Council following the September Local Government elections.

3. Extend the term of appointment for the local community representatives on the Hornsby Local Planning Panel to 31 March 2022 and write to the Minister of Planning to seek extension of office of the current community members on the Sydney North Planning Panel for the same period.

Page Number 38

Item 9 PC6/21 Reporting Variations to Development Standards

RECOMMENDATION

THAT the contents of Director’s Report No. PC6/21 be received and noted.

Infrastructure and Major Projects Division

Nil

Confidential Items

Item 10 CS4/21 Owner Initiated Compulsory Acquisition of Land in Hornsby

This report should be dealt with in confidential session, under Section 10A (2) (c) (g) of the Local Government Act, 1993. This report contains information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business; AND contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

PUBLIC FORUM – NON AGENDA ITEMS

Questions on Notice

Mayor's Notes

Page Number 41

Item 11 MN1/21 Mayor's Notes 01 December 2020 - 31 January 2021

Notices of Motion

SUPPLEMENTARY AGENDA

MATTERS OF URGENCY

General Manager's Report No. GM4/21

Office of the General Manager

Date of Meeting: 10/02/2021

2 PERFORMANCE REPORT DECEMBER 2020 - DELIVERY PROGRAM 2020-22; AND BUDGET 2020/21 - DECEMBER QUARTER REVIEW

EXECUTIVE SUMMARY

· Council is required to review its budget each quarter. At the same time the Local Government Act states that half yearly progress reports should be provided to Council on the principal activities detailed in its Delivery Program.

· In this regard, the December 2020 Performance Report showing progress of the Delivery Program 2020-22, including the 2020/21 Operational Plan and Budget, is attached for Council’s consideration.

· The Original Budget adopted by Council included necessary adjustments to reduce income forecast to be lost because of the COVID-19 pandemic, as well as additional expenditure for enhanced cleaning of Council facilities. The total impact of these adjustments was $10.671 million, and the Original Budget also included a range of expenditure reductions and utilisation of internal restricted reserves amounting to $10.671 million to ensure that Council’s forecast surplus was maintained.

· At December 2020, Council’s financial recovery from the COVID-19 pandemic has occurred earlier in the year than originally forecast to the extent that $3.01 million of funds expected to be released from internal restricted reserves have been retained.

· The 2020/21 Original Budget forecast a surplus at 30 June 2021 of $1.638 million. The September 2020 Review reduced the surplus by $510K to $1.128 million whilst this December 2020 Review has no net budget changes. As a result, the budget forecast at 30 June 2021 is a surplus of $1.128 million which is required to be set aside to fund cash shortfalls identified in future years of the Long-Term Financial Plan. The surplus also provides capacity to respond to unforeseen cost increases that can occur throughout the year.

· Progress against the adopted Delivery Program including the 2020/21 Operational Plan and Budget, and the operational performance of the organisation has been in line with the service delivery standards adopted by Council.

RECOMMENDATION

THAT the:

1. December 2020 Performance Report showing progress of the Delivery Program 2020-22, including the 2020/21 Operational Plan and Budget, be received and noted.

2. Quarterly Budget Review Statement for the period ending December 2020 be received and noted.

PURPOSE

The purpose of this Report is to present for Council’s consideration the December 2020 Performance Report showing progress of the Delivery Program 2020-22 including the 2020/21 Operational Plan and Budget, as required under section 404(5) of the Local Government Act. Details within the Performance Report cover the six-month period 1 July to 31 December 2020. The Performance Report includes Council’s Consolidated Budget Summary as at December 2020.

BACKGROUND

On 13 June 2018, Council adopted a three-year Delivery Program 2018-21 including the Operational Plan and Budget 2018/19. The Delivery Program and Operational Plan set out the manner in which Council intends to deliver services and measure performance. The Office of Local Government requires that the Delivery Program and one-year Operational Plan be reviewed annually.

To address the risks posed by the COVID-19 pandemic, NSW Council elections proposed for September 2020 were postponed 12 months (OLG Circular No. 20-10 / 25 March 2020), thereby extending the current term of office for Council to four years. A new 2020-2022 Delivery Program, including the 2020/21 Operational Plan and Budget, was adopted by Council on 10 June 2020. This Performance Report provides updates on progress of actions within that document.

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. To streamline reporting the QBRS will be linked to the half yearly performance report for each December and June period.

DISCUSSION

The COVID-19 pandemic, and the resulting social distancing and mass gathering restrictions, has meant that Council is experiencing ongoing business disruptions impacting its ability to carry out services as normal. The ongoing consequences of COVID-19 have impacted on the ability of staff to progress some of the Key Initiatives and Capital Projects in the Delivery Program 2020-22, including the Operational Plan 2020/21. The organisation has had to rethink work processes and the procedures for maintaining services and facilities for the health and safety of the community.

Council quickly transitioned from face to face to an online environment for essential operations including customer service, development applications and Council meetings.

While departments across Council were making and supporting these transitions, they were still busy delivering on operational commitments to the community. The attached Performance Report contains commentary to describe the issues and challenges hindering progress and includes identifying icons for those Services, Key Initiatives and Capital Projects affected by COVID-19.

Council will be undertaking a significant capital works program during 2020/21 – the consolidated total for capital expenditure now being $62.542 million. A number of projects have been identified for accelerated delivery following a request from the Minister for Planning and Public Spaces for Council to increase expenditure on local infrastructure as a way of providing economic stimulus in response to the COVID-19 pandemic. Fully funded from section 7.11 and section 7.12 development contributions, the changes amount to $9.643 million, bringing Council’s total forecast development contribution expenditure to $18.771 million for the year. Council has also been successful in gaining funding through the NSW Government’s Active Transport Program for three shared path projects.

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 Man’s Valley on the western side of Hornsby into open space for recreation purposes. A development application for bulk earthworks and site rehabilitation was approved, subject to conditions, by the Sydney North Planning Panel at its November 2020 meeting. Tenders have now been called for the delivery of the bulk earthworks and site rehabilitation, with works likely to commence in the first quarter of 2021. Master planning for the final park embellishments has been completed to a final draft stage ready for community engagement to be undertaken in early 2021. The total expenditure on the project to 31 December 2020 is $5.063 million. Currently $50 million of funding is available from the NSW Government’s Stronger Communities Fund provided in June 2018. Further funding is available from development contributions subject to the priority allocated to projects in accordance with development contributions on hand.

· Westleigh Park Development – A final draft conceptual master plan for the Westleigh Park site has been completed based on the site having an active sport focus. The conceptual master plan will be used for a community engagement process to be undertaken in early 2021. The outcomes of the engagement will inform the final master plan, approvals and detail design process and the future Plan of Management. The total project expenditure to 31 December 2020 on this project (excluding the acquisition costs of $21 million funded by development contributions) is $0.908 million. Currently $40 million of funding is available, provided in June 2018 from the NSW Government’s Stronger Communities Fund. Further funding is available from development contributions subject to the priority allocated to projects in accordance with development contributions on hand.

· Public Domain - Concept design options for Asquith to Mt. Colah and Galston Road main street projects were prepared and presented to Council with preferred concept options adopted. The aim of the projects is to improve streetscape amenity through the planting of advanced trees, landscaped garden beds, footpaths, shared paths, seating and signage.

The cost estimate for the Asquith to Mt. Colah project from Hookhams Corner to Wattle Street is approximately $9.3 million with funding being sourced from developer contributions. Detailed design has been completed and a tender awarded for an early works package of the Asquith to Mt. Colah project. Works are due to commence in early 2021. Tenders for the balance of the Asquith to Mt. Colah project have been called and closed, with a tender to be awarded in early 2021. Given increased confidence in total available funds, it is proposed to commence Stage 2 of the Asquith to Mt Colah Public Domain project. This would allow design works to commence and would provide an opportunity to provide some basic improvements (footpath and tree planting on the eastern side of the Pacific Highway and the construction of pedestrian refuge(s) at selected locations).

The total expenditure to 31 December 2020 on this project is $0.909 million out of a budget of $9.5 million, funded from development contributions.

· Galston Aquatic Centre – A development application has been approved for the replacement of the roof structure over the Galston Aquatic Centre. The development application contains two parts – essential works for the replacement of the existing roof over the indoor 25 metre pool facility and a design for a new roof structure over the Learn-to-Swim facility, which could be undertaken at a later stage subject to funding. Council has approved a budget of $5.6 million for the replacement roof over the 25-metre indoor pool, funded from internal reserves, general funds and cost savings identified within Council’s Infrastructure and Major Projects Division. Detailed design plans have been completed with a construction certificate underway. Tenders will be called in early 2021. The total expenditure to 31 December 2020 on this project is $0.5 million out of a budget of $5.6 million, largely funded from general funds and an external grant.

· 25,000 Trees by 2020 – Council committed to planting 25,000 new trees by December 2020 to invest in the environment for future generations. As at 30 June 2020, over 25,000 trees had been planted, which represents the largest and fastest tree planting program in Australia. 40,995 other plants have also been planted during community planting days in support of the program. Because of the success of the program, Council has extended the ‘Greening our Shire’ tree planting program through to September 2021. The expenditure incurred to 31 December 2020 is $1.756 million out of a budget of $2.5 million, largely funded from development contributions.

· Hornsby Library - The development application for the refurbishment of Hornsby Library was approved in March 2020, and a request for tenders for the refurbishment was issued in October 2020. Tenders have been assessed, with the tender awarded to Built Pty Limited. Works will commence in January 2021. The refurbishment works are budgeted at $4.7M, to be funded from development contributions and external grants.

Asbestos Treatment – Council Administration Building

Works have commenced to remediate Council’s Administration Building in accordance with the resolution from Confidential Deputy General Manager’s Report IM8/20. The work is divided into two stages:

Stage One:

· Removal of all asbestos from Ground Floor North and First Floor North.

· Removal of Synthetic Mineral Fibre ceiling panels (and suitable replacement) from 2^nd Floor North and 3^rd Floor North. This has been included as a precautionary measure and will incur a minimal cost of about $30,000.

Stage Two:

· Solutions to enable re-occupation of the Administration Building, albeit in a modified form than previously existed.

An initial allocation of $3 million has been set aside from Council’s Debt Retirement and Capital Projects Internal Reserve to cover the estimated cost for the investigations, business continuity and Stage One works listed above.

Investigations have commenced on options to refit/refurbish the Administration Building. It is expected that these will be presented to Council for its consideration towards the end of the first quarter of 2021. It is expected that an additional budget for the works arising from these investigations will be required. This eventuality is expected to be addressed during Councillor Briefings and in the March 2021 Quarterly Review of the 2021/22 Budget.

Other operational achievements are contained in the Performance Report attachment to this Report. Of note is the completion of:

· 18 key initiatives

· 10 footpath projects

· One local road upgrade at Beecroft

· Two catchment remediation devices

· New picnic furniture with shelters at Upper McKell Park, Brooklyn

· A bushwalking track extension at Florence Cotton Reserve, Hornsby.

BUDGET

This Review includes the second quarter results for 2020/21, comparing actual expenditure, income and funding sources for the second quarter against the Budget. The Net Operating and Capital Result after internal funding movements showed a positive variance of $4.8 million or approximately 5% of the consolidated year to date budget. This positive variance is typical at the second quarter and is the result of timing differences associated with project related works that are expected to be expended by 30 June 2021.

The Original Budget adopted by Council included necessary adjustments to reduce income forecast to be lost because of the COVID-19 pandemic, as well as additional expenditure for enhanced cleaning of Council facilities. Adjustments to income were quantified based on the best data available during the exhibition process, and each quarter was reviewed separately to factor in improvement over the course of the financial year. The total impact of these adjustments was $10.671 million, and the Original Budget also included a range of expenditure reductions to offset the impact including project deferral and the use of restricted funds where possible. The reductions also amounted to $10.671 million, which offset the forecast impact of COVID-19 and maintained the current forecast surplus.

Council officers have undertaken a detailed review of the adjustments made to the Original to forecast the impact of COVID-19. At December 2020, Council’s financial recovery has occurred earlier in the year than originally forecast to the extent that $3.01 million of funds expected to be released from internal restricted reserves have been retained.

The 2020/21 Original Budget forecast a surplus at 30 June 2021 of $1.638 million. The September 2020 Quarter Review included net budget changes of $510K, which reduced the forecast 30 June 2021 Budget surplus to $1.128 million whilst this December 2020 Review has no net budget changes. As a result, the budget forecast at 30 June 2021 is a surplus of $1.128 million. This surplus represents approximately 1% of the full year budget and 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). The surplus also provides capacity to respond to unforeseen cost increases that may occur.

Reimbursement for Storm Expenditure

Severe storms in the Hornsby Shire during 2018 resulted in extensive clean-up costs being incurred by Council. The storms were declared a natural disaster by the NSW Government and Council received formal confirmation for reimbursement of $460K from the Office of Emergency Management in June 2019 which was finally transferred to Council in November 2020. At this stage, no decision has been made by the Government authorities in respect of a further claim for $400K that has been submitted by Council related to the same storm events. Staff continue to pursue reimbursement of this expenditure.

Council incurred further costs during another series of severe storms in February 2020. As these storms were also declared a natural disaster by the NSW Government, Council submitted a claim for $708K to recoup costs incurred during the clean-up after the storms. No advice about the claim has yet been received.

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 December 2020 Performance Report and quarterly budget review demonstrate that Council remains in a stable position to deliver local services and facilities in a financially responsible manner after adjusting the budget for the impact of the COVID-19 pandemic.

RESPONSIBLE OFFICER

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

Glen Magus

Director - Corporate Support

Corporate Support Division

Steven Head

General Manager

Office of the General Manager

1.	31 Dec 20 Consolidated Budget Result
2.	31 Dec 20 Quarterly Budget Review Statement
3.	Performance Report - December 2020

File Reference: F2020/00027

Document Number: D08087268

Director's Report No. CS3/21

Corporate Support Division

Date of Meeting: 10/02/2021

3 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 six monthly intervals.

· Council last considered the required report at the General Meeting of 12 August 2020.

· This report covers the 6-month period from 1 July 2020 to 31 December 2020. Details are provided of expenditure grouped according to specific categories, summarised by individual Councillor and as a total for all Councillors.

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

RECOMMENDATION

PURPOSE

The purpose of this Report is to comply with 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.

Council last considered a report on Councillors’ Expenses and Facilities at the 12 August 2020 General Meeting (Report No. CS19/20). In accordance with Section 15 of the Policy reporting takes place on a six-monthly basis. This Report includes expenses incurred in the six-month period from 1 July 2020 to 31 December 2020.

The main categories of expenses facilities are summarised in the table below. As stated in the Policy Summary, the amounts originally included when the Policy was first adopted in 2018 are to be increased by CPI each year. The table below shows the amounts which apply to the financial year 2020/2021.

Expeense or facility	Maximum amount	Frequency
General travel expenses (other than travel associated with Conferences and Professional Development)	$5,034 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)	$30,205 total for all Councillors	Per year
Conferences and seminars (includes associated travel and subsistence where applicable)	$35,239 total for all Councillors (Increased to $49,584 in the years where the LGNSW Conference is held outside the Sydney metropolitan region.)	Per year
ICT expenses	$4,530 per Councillor $2,517 per Councillor	Per year (first year of election) Per year (following years of election)
Carer expenses	$2,014 per Councillor	Per year
Home office expenses (equipment and facilities other than stationery)	$302 per Councillor	Per year
Stationery	$3,020 total for all Councillors	Per year
Postage stamps	Provided by Council	Not relevant
Christmas or festive cards	$503 for the Mayor $503 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	$1,007 for the Mayor $503 per Councillor	Per year
Attendance at non-Council functions	$1,007 for the Mayor $503 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. This reporting is required to occur at six monthly intervals and is generally provided to Council 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.]

Council officers have established appropriate administrative procedures to ensure that the relevant information is captured in a manner which satisfies the reporting requirements of the Policy.

The table below provides the required information for the six-month period from 1 July 2020 to 31 December 2020. Where an explanation or clarification is required about particular expenditures (marked with an * in the table), comments are provided in the text following the table.

Notes:

* In supporting the expenditure of $1,800 on Christmas and Festive cards, it was recognised that the sending of the cards by the Mayor represented, at least in part, festive greetings on behalf of the General Manager, Councillors and staff across the organisation. (N.B. Given that Council was unable to hold a Mayoral Christmas function for our volunteers and community organisations, the sending of festive greeting cards was a means to ensure that Council recognised the efforts of our various contributing community members in what was a very challenging year).

It is noted that expenses incurred during the reporting period fall significantly under the allocation for each category, and in total, as well as in comparison to the previous reporting period. This is due largely to COVID-19 and the subsequent restrictions on gatherings and general interaction with staff and members of the community. In particular, any conferences and training undertaken, including the LGNSW Annual Conference, were held virtually, realising a significant reduction in costs.

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 overall total expenses reported for the six-month period from July 2020 to December 2020 of $7,477 is considerably less than the total budget provision for the financial year. All expenses 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 for the period July 2020 to December 2020 is well within the budget provision and requirements of 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: D08080501

Director's Report No. CS5/21

Corporate Support Division

Date of Meeting: 10/02/2021

4 INVESTMENTS AND BORROWINGS FOR 2020/21 - STATUS FOR PERIODS ENDING 30 NOVEMBER 2020 AND 31 DECEMBER 2020

EXECUTIVE SUMMARY

· Council invests funds that are not, for the time being, required for any other purpose.

· The investments are made 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.

· This Report provides details of Council’s investment performance for the periods ending 30 November 2020 and 31 December 2020 as well as the extent of its borrowings at the end of the same periods.

· Council’s investments have been made in accordance with the requirements of 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 November 2020 of 3.77% and December 2020 of 1.25% which include a yield of 37.85% in November and 3.78% in December from TCorp Managed Funds.

RECOMMENDATION

THAT the contents of Director’s Report No. CS5/21 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 months ending 30 November 2020 and 31 December 2020 is detailed in the attached document. In summary, the portfolio achieved an annualised return for November of 3.77% and December of 1.25%.

In respect of Council borrowings, the weighted average interest rate payable on outstanding loans taken out from June 2011 to June 2013, based on the principal balances outstanding, is 6.07%. The Borrowings Schedules as at 30 November 2020 and 31 December 2020 are also attached for Council’s information.

BUDGET

Budgeted investment income for the year is $5,239,939 with an average budgeted monthly income of $436,662. Net investment income for the month ended 30 November 2020 was $868,821 and 31 December 2020 was $368,179 which include unrealised net gains from TCorp Managed Funds of $559,818 for the month of November and $67,786 for December.

Budgeted investment income year to date at 31 December 2020 is $2,619,973. Total investment income year to date at 31 December 2020 is $2,830,453 which includes a year to date net gain of $898,116 from TCorp Managed Funds.

Approximately 56.5% of the investment income received by Council relates to externally restricted funds (e.g. Stronger Communities Grant funding and Section 7.11 and Section 7.12 development contribution funds) and is required to be allocated to those funds. 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.

It should be noted that Council’s portfolio is above the maximum holding level in the BBB category as set in Council’s Investment Strategy, with a current holding of 12% compared to the limit of 10%. This is a result of funds being temporarily held in Cash to meet forecasted cash flow requirements in the coming weeks. It is then anticipated the BBB category will be accordance with current strategy holding levels.

The returns from TCorp Managed Funds are presently experiencing significant market volatility due to the COVID-19 Pandemic. It is noted that this product has a 7-year investment horizon and will, therefore, reflect marked to market valuations monthly. Advice provided by Council’s independent investment advisor - Prudential Investment Services - is to hold this investment for the 7-year timeframe originally planned. This is due to the anticipated net positive performance returns that will be gained over the long term for this investment.

CONCLUSION

The investment of Council funds and the extent of its borrowings as at 30 November 2020 and 31 December 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 Investments Summary Report 31 December 2020
2.	HSC Investments Summary Report 30 November 2020
3.	HSC Borrowings Schedule 31 December 2020
4.	HSC Borrowings Schedule 30 November 2020

File Reference: F2004/06987-02

Document Number: D08083212

Director's Report No. CE4/21

Community and Environment Division

Date of Meeting: 10/02/2021

5 WAITARA PARK PLAN OF MANAGEMENT

EXECUTIVE SUMMARY

· The NSW Government has provided Council with $9M for improvements to Mark Taylor Oval with a view to improving sports and community facilities to create a Cricket Centre of Excellence.

· The Northern District Cricket Club have identified a number of improvements for Mark Taylor Oval including ground and playing surface upgrades, a cricket indoor training centre and a redeveloped grandstand/pavilion.

· The existing Plan of Management for Waitara Park was adopted by Council in 2015 and does not contemplate the range of works and associated leases/licences to users that will arise from the proposed upgrades.

· An update to the Plan of Management has been prepared that reflects the works completed since the existing PoM was adopted (such as the PCYC facility at the southern end, and sports courts at the northern end of the Oval) and enables further development of the site for sports in line with the funding provided by the NSW Government.

· The updated (draft) Plan of Management is required to be exhibited for not less than 28 days and submissions must be accepted for a period of 42 days from when the draft plan is placed on public exhibition.

· It is recommended that Council adopt the draft Plan of Management for Waitara Park for the purposes of public exhibition.

RECOMMENDATION

THAT:

1. Council endorse the exhibition of the draft Plan of Management for Waitara Park attached to Director’s Report No. CE4/21.

2. A further report be brought to Council following the conclusion of the exhibition, public hearing and submission period.

PURPOSE

The purpose of this Report is to:

· Inform Council on the proposal to enhance Waitara Park’s sports facilities aimed at meeting contemporary standards required for long standing users of the venue being cricket and rugby.

· Seek Council’s endorsement for the exhibition of a draft Plan of Management that will permit the proposed improvements to the sporting facilities with expanded community benefits.

BACKGROUND

In March 2019 the NSW Government announced a funding commitment of $9M towards the embellishment of the sporting facilities at Waitara Park to create a Cricket Centre of Excellence.

Mark Taylor Oval is home of Northern District Cricket Club (NDCC), the Premier Cricket Club in the Hornsby region that has a strong women’s and girl’s program but inadequate facilities which are proposed to be improved to enable elite level competition to take place.

In the winter season Mark Taylor Oval and facilities are home to the Hornsby Rugby Senior and Junior Clubs. These clubs are also catering for female participation and share the need for improved facilities.

The proposed embellishments include a complete reconstruction of the Mark Taylor Oval playing surface (to be delivered by Council), a Cricket Indoor Training Centre and a new pavilion incorporating seating, universal changerooms, clubrooms for cricket and rugby, general community space and meeting rooms that are proposed to be delivered by the NDCC (subject to a sub-funding agreement with Council that will be the focus of a separate Report at a future meeting of Council).

DISCUSSION

Waitara Park has been subject to extensive change and embellishment in recent years associated with:

· Reorganising the Park to provide an additional 6,500m2 of usable green space by replacing land previously occupied by car parking, with parkland.

· A new PCYC indoor recreation centre at the southern end of the site with expanded outdoor plaza space.

· A flood detention structure in association with sports courts that address downstream flooding at the northern end of the site.

· A new equal access play space that meets the needs of the local residents.

Since these developments have occurred Waitara Park together with the adjacent Willow Park and Orara Park have facilitated a strong focal point or ‘community hub’ for local residents.

Mark Taylor Oval Renewal

The condition, playability and carrying capacity of established turf sportsgrounds diminishes over time as subsurface drainage systems, irrigation systems and soil profiles decline. This gradual decline occurs despite the level of maintenance able to be provided.

This is reflected at Mark Taylor Oval which is often the first cricket ground closed in Sydney following rain events. During the winter rugby season usage is also impacted by the existing poor drainage system and ground levels associated with the cricket pitch table.

The Oval is also now required to sustain higher levels of passive recreation use generated from the surrounding new development as well as Waitara Public School which program much of their sporting events on the Oval.

As an outcome of the NSW funding commitment, major oval reconstruction works can now be undertaken with a new and improved sports turf surface including modified ground levels, drainage and irrigation.

The surface renewal works are estimated at $1.1M and will be delivered by Council including consultation with users and residents. Development Approval (DA) is not required for these works to proceed which are planned to commence July 2021.

Cricket Indoor Training Centre

The Northern District Cricket Club (NDCC) have proposed replacing some of the existing outdoor practice nets with a Cricket Indoor Training Centre that would provide indoor practice nets for NDCC use. The positioning of the Indoor Training Centre would be such that the existing public pathway around the Oval would be retained. As part of the works, the existing grounds maintenance shed, and irrigation water tank would be demolished and replaced within the new indoor training centre building.

NDCC consider the cricket indoor training centre an essential component for cricket in the region whereby cricket skill training can be practiced throughout the year and during all weather conditions. The facility would also be made available to the broader cricketing community noting there is a lack of similar facilities in the area.

This component of the project will require a development application to be lodged and an amendment to the existing Plan of Management to allow the indoor cricket area to be leased to NDCC.

A development application for this facility was submitted to Council by NDCC in January and will be assessed by an external planner with the matter to be ultimately referred to the local Planning Panel for determination.

The Cricket Indoor Training Centre would be delivered by NDCC via a sub-funding arrangement with Council that will be the subject of a future report to Council.

Redeveloped Waitara Park Pavilion

NDCC have identified that the existing public amenities and pavilion facilities do not meet contemporary standards for the elite level of sport that is played at Mark Taylor Oval and have proposed a redevelopment of the existing pavilion incorporating seating, public toilets, universal changerooms, clubrooms for cricket and rugby, general community space and meeting rooms.

Similar to the Cricket Indoor Training Centre, development approval for the pavilion redevelopment will be required and an amendment to the existing Plan of Management to allow the area to be leased to the Cricket Club and Hornsby Rugby Club (noting the NDCC currently has an agreement with Council).

Further investigations and design development are required for this component of the project and ultimately owner’s consent from Council would be required to allow a development application to be submitted, noting that a number of key issues including heritage impact and parking provision would need to be addressed prior to Council providing owners consent for a DA to be lodged.

It is understood that NDCC plan on developing designs and future DA submission throughout 2021 with a view to construction occurring in 2022. Council will be provided with regular briefings/reports as this component of the project progresses.

It is envisaged that the proposed redevelopment of the pavilion would also be delivered by the NDCC via a sub-funding arrangement with Council that will be the subject of a future report to Council.

Draft Plan of Management for Waitara Park

Changes to the existing Waitara Park Plan of Management are required to allow the future leasing of the indoor cricket centre as well as an extended lease arrangement for NDCC and Hornsby Rugby Club for the Pavilion.

A draft Plan of Management for Waitara Park (PoM) has been prepared that includes the Council Community Land and the Crown Lands that the tennis courts occupy.

Key amendments included in the Draft PoM include:

· Update the overview of current park use

· Update the site Masterplan to reflect the works completed

· Change categorisation of the cricket pavilion from ‘Sportsground’ to ‘General Community Use’ to accommodate the intended use of the building by non-sports related community uses

· Update express authorisation of leases / licenses for inclusion of Cricket Indoor Training Centre together with the Waitara Park Pavilion

CONSULTATION

The Draft Plan of Management is required to be exhibited in accordance with the requirements of the Local Government Act (1993) which requires the document to be on exhibition for not less than 28 days and accepts submissions for a period of 42 days from when the draft plan is placed on public exhibition.

Notification of the public exhibition would be through the following channels:

· Advertisement on Council’s website – Have Your Say

· Council’s eNewletter – March edition

· Social Media (Facebook, LinkedIn and Localised)

· Advertising and Mayor’s message - Bush Telegraph, Galston & Glenorie News, Dural Roundup, Hornsby Kuring-gai Post and Living Heritage

During the exhibition period a public hearing will also be conducted regarding changing the community land categorisation applicable to the Waitara Park Pavilion from sportsground to general community use. The change in categorisation reflects the broader community access proposed than currently occurs with the existing building.

Following receipt of submissions, including the findings of the public hearing, a further Council report would be prepared which addresses the comments received together with recommendations for any changes to be incorporated as part of a final adopted Plan of Management.

BUDGET

A budget commitment has been provided by the NSW Government to Hornsby Council for $9M. This funding is to be provided to Council progressively spread over the next three financial years.

It is also understood Cricket NSW has committed $200,000 to NDCC towards the project in recognition of the benefit the project provides towards women’s cricket.

Council is not financially contributing towards this specific project other than those funds provided by the NSW Government and secured separately by NDCC.

Whilst it would be effective for Council to deliver and manage the upgrade of the Oval component, it is envisaged that the Indoor Centre and Pavilion be delivered by NDCC using the NSW Grant funding provided to Council.

A sub-funding agreement between NDCC and Council to ensure appropriate probity, governance and budget control is currently being drafted by Council’s legal advisors and will be the subject of a future Report to Council for consideration and endorsement.

POLICY

In the event that Council adopts the recommendations put forward in this report, the attached draft Plan of Management for Waitara Park will be placed on exhibition. If adopted following exhibition, the PoM would provide an updated policy setting for Waitara Park.

CONCLUSION

Council officers have developed a draft PoM for Waitara Park that reflects the upgrading works completed to date and the proposed enhancement of sports facilities that cater for the existing uses and are consistent with the objectives of the existing Plan of Management.

This Report seeks Council’s endorsement to place the attached draft PoM on public exhibition, noting that separate reports will be brought to Council in the future for its consideration regarding a sub‑funding agreement with NDCC for the Cricket Indoor Training Centre and Pavilion Redevelopment, and also when NDCC seek owners consent to lodge a development application for the Pavilion Redevelopment.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Manager Parks, Trees and Recreation – David Sheils, who can be contacted on 9847 6792.

David Sheils

Manager - Parks Trees and Recreation

Community and Environment Division

Stephen Fedorow

Director - Community and Environment

Community and Environment Division

Attachments:

Draft Plan of Management - Waitara Park

File Reference: F2014/00341-02

Document Number: D08090083

Director's Report No. PC2/21

Planning and Compliance Division

Date of Meeting: 10/02/2021

6 NATURAL DISASTERS CLAUSE

EXECUTIVE SUMMARY

· On 4 August 2020, the Department of Planning, Industry and Environment (DPIE) exhibited a new optional clause to be included in the Standard Instrument (Local Environmental Plans) Order to support better and quicker rebuilds of dwellings, including secondary dwellings, following natural disasters.

· The purpose of the clause is to address where planning controls in Local Environmental Plans (LEPs) have changed over time that affect permissibility or development standards.

· As part of this exhibition process, DPIE requested that councils provide an expression of interest for incorporating the final clause into their respective LEPs. Only those councils who submitted an expression of interest would be contacted to opt-in to the final clause.

· On 28 August 2020, an expression of interest was submitted to DPIE indicating that the clause may have merit in assisting homeowners to repair and rebuild their homes after a natural disaster. However, further details would be required to enable Council to consider implications.

· On 24 November 2020, Council received notice of the final Natural Disasters Clause and an invitation to provide formal confirmation to incorporate the clause into the Hornsby Local Environmental Plan 2013.

· Councils have until 15 February 2020 to report the matter to Council and formally opt-in.

RECOMMENDATION

THAT Council:

2. Submit formal confirmation to the Department of Planning, Industry and Environment of the above.

PURPOSE

The purpose of this report is to seek Council’s endorsement to include an optional clause 5.9 Dwelling house or secondary dwelling affected by natural disaster into the Hornsby Local Environmental Plan 2013 (HLEP 2013).

BACKGROUND

Over the 2019-20 Australian summer, natural disasters such as bushfires and floods impacted thousands of homes across NSW, including within Hornsby Shire. Many people affected by these natural disasters are now seeking planning approvals to enable them to rebuild or repair their homes.

On 4 August 2020, the Department of Planning, Industry and Environment (DPIE) exhibited a new optional clause to be included in the Standard Instrument (Local Environmental Plans) Order to address where planning controls in Local Environmental Plans (LEPs) have changed over time, supporting better and quicker rebuilds of dwellings following natural disasters. The proposed clause was publicly exhibited for a period of 28 days until 31 August 2020.

In addition to seeking feedback on the proposed clause, DPIE requested that councils indicate their interest in incorporating the final clause into their respective LEPs. Only those councils who submitted an expression of interest would be contacted to opt-in to the final clause. Following this, councils would have a period of six weeks to formally opt-in from the date of distribution of the final clause.

On 28 August 2020, an expression of interest was submitted through the NSW Planning Portal indicating that the clause may have merit in assisting homeowners to repair and rebuild their homes after a natural disaster. However, the submission noted that more detail and time is required to enable Council to fully assess its implications and seek a resolution to be able to provide a formal expression of interest to implement the Natural Disasters Clause into the HLEP 2013.

As advised in a November weekly communication to Councillors, on 24 November 2020, Council received an invitation to provide formal confirmation of whether it wishes to incorporate the Natural Disasters Clause into the HLEP 2013. Council must also nominate the relevant land zoning where the clause will apply by the end of the opt-in period, being 15 February 2020.

Following receipt of formal confirmation from councils, DPIE will insert the clause into the relevant participating LEPs.

DISCUSSION

In response to the regulatory challenges faced by homeowners seeking to rebuild homes following natural disasters, Clause 5.9 (the clause) has been prepared as an optional provision in the Standard Instrument to address where planning controls in LEPs have changed over time. The clause clarifies that a dwelling, including a secondary dwelling, can be rebuilt or repaired if the original lawful dwelling was destroyed or damaged in a natural disaster. A merit assessment is still required, however the rebuild or repair cannot be refused on the basis of non-compliance with a development standard in the LEP.

The final optional clause to be included in the Standard Instrument is as follows:

‘Clause 5.9 Dwelling house or secondary dwelling affected by natural disaster [optional]

(1) The objective of this clause is to enable the repair or replacement of lawfully erected dwelling houses and secondary dwelling that have been damaged or destroyed by a natural disaster.

(2) This clause applies to land in the following zones—

(a) [set out the zones to which the clause is to apply],

(3) Despite any other provision of this Plan, development consent may be granted to development on land to which this clause applies to enable a dwelling house or secondary dwelling that has been damaged or destroyed by a natural disaster to be repaired or replaced if—

(a) The dwelling house or secondary dwelling was lawfully erected, and

(b) The development application seeking the development consent is made to the consent authority no later than 5 years after the day on which the natural disaster caused the damage or destruction.’

The clause would apply to development applications (DAs) lodged to repair or rebuild dwelling houses and/or secondary dwellings that were destroyed or damaged in a natural disaster. The dwelling must have been lawfully constructed in accordance with the Environmental Planning and Assessment Act 1979 (the Act) or historical planning and building legislation.

Applicants seeking to lodge a DA in accordance with the clause would need to outline the nature, extent and circumstances of the damage caused by a natural disaster to the dwelling house. The replacement or repair does not have to be identical to the original dwelling house that was destroyed or damaged. Consent could be granted for dwellings that are of a different size, location or design to the original dwelling.

Although the application cannot be refused based on any development standards in the LEP, the DA would be required to undergo a merit assessment to ensure that the dwelling house is of an appropriate size, location and design in the context of the site. Development controls, concurrence requirements and other provisions outlined within a Development Control Plan and other applicable policy and legislation would continue to apply to development where the new clause applies. For example, development of a dwelling house under the clause within bushfire prone land must satisfy all relevant requirements of Planning for Bushfire Protection 2019.

If during the assessment of a DA, the consent authority considers that the risk or environmental impacts associated with the proposed dwelling house would result in an inappropriate development or a development in an unsuitable location, the consent authority could refuse the application on that basis. For example, if a home was destroyed by flooding, the natural disasters clause could potentially be applied to rebuild the destroyed dwelling house. However, if Council considers the site is unsuitable for redevelopment due to flooding concerns, then the DA may be refused on this basis.

Clause 4.6 Variations

Clause 4.6 of the Standard Instrument and within the HLEP 2013 provides a consent authority with the ability to approve a DA that does not comply with a development standard where it can be shown that compliance is unreasonable or unnecessary. This justification must be set out in a Clause 4.6 Variation to provide an assessment of the non-compliance in relation to the objectives of the development standard, the objectives of the zone and the objectives of the Act.

The natural disasters clause states that “Despite any other provision of this Plan, development consent may be granted to development on land to which this clause applies”. This means that the consent authority cannot refuse a DA on the basis that it does not comply with a development standard, such as height, or other provision in the applicable LEP. Therefore, applicants for repair or rebuild of a dwelling or secondary dwelling affected by a natural disaster would not have to lodge a Clause 4.6 Variation to vary a development standard under clause 4.6 of the HLEP 2013. This is to ensure that applicants would not have to pay fees associated with the preparation, lodgement and processing of the Clause 4.6 Variation and allow Council to assess and determine the application on its merits.

Implications for Hornsby Shire Local Environmental Plan 2013

Building height is the only development standard in the HLEP 2013 applicable to the development of dwelling houses and secondary dwellings. The HLEP 2013 does not contain other development standards (such as Floor Space Ratio) that would apply to dwelling houses or secondary dwellings.

In Hornsby Shire, the natural disasters clause would enable a lawfully constructed dwelling affected by a natural disaster to be rebuilt on the basis of a merit assessment. Any exceedance of building height could be considered on its merit without the submission of a Clause 4.6 Variation Request.

Circumstances where dwellings incorporate a building height exceeding the height standards can arise due to site constraints (such as steep topography). Although there are few circumstances where the clause would be required, it is considered appropriate that Council opt in to the final clause to support property owners affected by a natural disaster.

Individual councils have the option to nominate which land use zones the clause would apply to. Given that the clause does not prevent Council from undertaking an assessment of the suitability of the site for redevelopment under the Act and any proposal would need to be assessed against relevant planning policies and legislation, it is considered appropriate to apply the clause to all land use zones where dwelling houses are currently permitted. This includes the following land use zones:

· RU1 Primary Production

· RU2 Rural Landscape

· RU4 Primary Production Small Lots

· RU5 Village

· R2 Low Density Residential

· R3 Medium Density Residential

· R4 High Density Residential

· SP3 Tourist

· E3 Environmental Management

· E4 Environmental Living

BUDGET

There are no budgetary implications associated with this Report.

POLICY

Should Council resolve to opt-in, formal confirmation would be submitted to DPIE to incorporate the optional Clause 5.9 into the HLEP 2013. The clause would be inserted into the HLEP 2013 under the Standard Instrument (Local Environmental Plans) Amendment (Natural Disasters) Order 2020 through an amending SEPP.

CONCLUSION

This Report seeks Council’s endorsement to include an optional clause 5.9 Dwelling house or secondary dwelling affected by natural disaster into the Hornsby Local Environmental Plan 2013.

Clause 5.9 of the Standard Instrument is being introduced to assist homeowners affected by natural disasters to repair or rebuild dwellings in circumstances where permissibility and/or development standards may have changed. A merit assessment is still required, however the rebuild or repair cannot be refused on the basis of any development standards in the LEP.

It is recommended that Council endorse the inclusion of clause 5.9 into the HLEP 2013 and that the clause apply to all land use zones where dwelling houses are permitted.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Manager, Strategic Landuse 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:

1.	Natural Disasters Opt-in Clause
2.	Guidance Material - Natural Disasters Clause

File Reference: F2004/07218-005

Document Number: D08059867

Director's Report No. PC3/21

Planning and Compliance Division

Date of Meeting: 10/02/2021

7 REPORT ON SUBMISSIONS - HORNSBY DEVELOPMENT CONTROL PLAN AMENDMENTS- HOUSEKEEPING PLANNING PROPOSAL

EXECUTIVE SUMMARY

· At its meeting on 11 November 2020, Council considered Director’s Report No. PC24/20 presenting draft amendments to the height controls in the Hornsby Development Control Plan 2013 (HDCP) for 5 storey residential flat buildings.

· The draft HDCP amendments align with recent Housekeeping Amendments to the Hornsby Local Environmental Plan (HLEP) 2013 that reduced the Height of Building standard for 5 storey residential flat buildings from 17.5m to 16.5m.

· Council resolved to place the draft DCP amendments on exhibition for 28 days and that a report on submissions be presented to Council for consideration after the exhibition period.

· The draft HDCP amendments were exhibited from 18 November to 16 December 2020. No submissions were received.

· The City of Parramatta Council (CoP) was notified and provided informal feedback.

· Following exhibition, minor changes have been made to the proposed HDCP amendments to address CoP requirements. The additional amendments are administrative in nature and do not warrant re-exhibition.

· It is recommended that Council approve the draft amendments to the HDCP as amended after exhibition.

RECOMMENDATION

THAT:

1. Council approve the draft amendments to the Hornsby Development Control Plan 2013 as amended after the exhibition period and attached to Director’s Report No. PC3/21.

2. Notification of the approval of the amendments be published on Council’s website.

3. The City of Parramatta Council be advised of Council’s decision.

PURPOSE

The purpose of this report is to seek approval of amendments to the HDCP building height controls for 5 storey residential flat buildings which reflect recent changes to the HLEP 2013.

BACKGROUND

Council’s Design Excellence Planning Controls Review in 2018 recommended a reduction in the maximum Height of Building (HOB) for 5 storey residential flat buildings from 17.5m to 16.5m to improve built form outcomes and reduce opportunities for mezzanines. The Review identified that mezzanines were resulting in poor visual impacts and ceiling heights not compliant with the Apartment Design Guide.

In accordance with the Review, an amendment to the HLEP was progressed to reduce the HOB development standard for 5 storey buildings to the recommended 16.5m as part of the Housekeeping Amendment Planning Proposal.

To achieve consistency across Council’s planning controls, the HDCP should reflect the revised 16.5m height standard. At its meeting on 11 November 2020, Council considered Director’s Report No. PC24/20 and resolved to place the draft HDCP amendments on exhibition for 28 days and following exhibition, a report on submissions be presented to Council for consideration.

DISCUSSION

Housekeeping Amendments to the HLEP instrument and maps were finalised on 4 December 2020 (Amendment No. 11) and included the reduction in the HOB development standard for 5-storey residential flat buildings from 17.m to 16.5m in Hornsby Shire. DCP controls should not be inconsistent with controls contained within an LEP. Accordingly, the proposed DCP amendments propose a revision of numerical requirements to reference the 16.5m building height. The amendments do not involve any other change to the wording of established planning controls.

The draft HDCP amendments were exhibited for 28 days in November/December 2020. No submissions were received. Minor administrative post-exhibition changes have been made to the proposed HDCP amendments in response to informal feedback from CoP during exhibition (refer to discussion under ‘Consultation’).

The HDCP amendments would complete the suite of actions implemented by Council in response to the Design Excellence Review, a key project identified in Council’s Local Strategic Planning Statement. Subject to Council’s approval, the HDCP amendments would be incorporated into the HDCP and would come into force once published on Council’s website.

CONSULTATION

The draft HDCP amendments were exhibited for 28 days from 18 November to 16 December 2020 through advertisement on Council’s Website Noticeboard - Have Your Say. No submissions were received.

The HLEP and HDCP continue to apply to land south of the M2 transferred to CoP from the Hornsby LGA as part of the 2016 council amalgamations, until such time that land is included in a new CoP Council LEP and DCP. Accordingly, the City of Parramatta Council was notified as part of the exhibition process. Informal feedback has been received requesting that CoP height controls for five storey developments be clearly distinguished from the building height controls for Hornsby Shire. It is understood that CoP’s new LEP and DCP are under preparation but not yet finalised.

The HLEP and HDCP amendments to reduce five storey building heights to 16.5m are not intended to affect land within CoP, where a five-storey building height of 17.5m continues to apply to precincts in Epping and Carlingford. Minor administrative changes have been made to the proposed HDCP amendments in response to the CoP feedback to differentiate between the building height controls in the Hornsby and CoP LGAs.

The amended version (attached) indicates text changes in red and includes separate pages applicable to Hornsby and CoP. The approach of separate pages applicable each LGA will facilitate an expedient further amendment of the HDCP once CoP Council has included land in Epping and Carlingford in its LEP and DCP.

CoP Council officers have reviewed the draft HDCP amendments attached to this Report and confirmed that the revisions address their requirements.

BUDGET

There are no budgetary implications from the approval of the HDCP amendments.

POLICY

Housekeeping Amendments to the HLEP instrument and maps were finalised on 4 December 2020 (Amendment No. 11). They included the reduction in the HOB development standard for 5-storey residential flat buildings from 17.m to 16.5m in Hornsby Shire. Therefore, to achieve consistency across Council’s planning controls, it is necessary that the HDCP be amended to reflect the revised 16.5m height standard under HLEP.

Administrative changes have been made to the exhibited version of the DCP amendments. The amendments are minor in nature and do not warrant exhibition in accordance with Clause 21(1)(b) of the Environmental Planning and Assessment (EP&A) Regulation 2000 which provides that Council, after exhibition and reviewing submissions, may approve a plan with such alterations as it sees fit.

CONCLUSION

Amendments to the HDCP are recommended to align with the now finalised HLEP building height amendments for 5 storey residential flat buildings. The adoption of the DCP amendments would complete the suite of actions implemented by Council in response to the Design Excellence Review, a key project identified in Council’s Local Strategic Planning Statement.

It is recommended that Council approve the draft amendments to the HDCP as amended after exhibition.

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:

HDCP Building Height Amendments - after exhibition

File Reference: F2019/00392

Document Number: D08063069

Director's Report No. PC5/21

Planning and Compliance Division

Date of Meeting: 10/02/2021

8 SYDNEY NORTH PLANNING PANEL AND HORNSBY LOCAL PLANNING PANEL - PANEL MEMBERS

EXECUTIVE SUMMARY

· The term of appointment for independent persons and community representatives on the Hornsby Local Planning Panel (HLPP) and community members on the Sydney North Planning Panel (SNPP) expires in March 2021.

· The current membership of the HLPP comprises: Chairperson Garry Fielding. Alternates Jacqueline Townsend and Steven Layman. Technical Expert Members Juliet Grant, Linda McClure. Alternates Garry Fielding, Steven Layman, Mary-Lynne Taylor. Community representatives comprise, Brian Scarsbrick AM (A Ward), Jerome Cox (B Ward) and Barbra Wynn (C Ward). Alternate John Filocamo.

· The current local community membership on the SNPP comprises David White as the ‘expert local member’, Ross Walker ‘non-expert local member’ and alternate for the ‘expert local member’, and Felicity Findlay as the alternate for the ‘non-expert local member’.

· The current panels members have served on the SNPP and HLPP for a period of 3 years.

· In accordance with advice from the Department of Planning, Industry and Environment, it is recommended that the current term of membership of the independent persons on the HLPP be extended until 30 June 2021. It is also recommended that community members on the LPP and SNPP be extended until 31 March 2022 to enable an expression of interest process to be undertaken to appoint panel members.

RECOMMENDATION

THAT Council:

1. Extend the term of appointment of the current independent persons on the Hornsby Local Planning Panel until 30 June 2021 as recommended by the Department of Planning, Industry and Environment.

PURPOSE

The purpose of this report is to seek Council’s endorsement to extend the term of appointment of the current independent persons and community representatives on the HLPP. It is also recommended that Council write to the Minister of Planning to request the extension of the term of office of the current panel members be until 31 March 2022 to enable appropriate time to undertake an expression process and appointment of panel members by the newly elected Council following the September Local Government elections.

Council’s endorsement is also requested to write to the Minister of Planning to seek extension of office of the current community members on the SNPP until 31 March 2022 to enable appropriate time for an expression of interest process to be undertaken.

BACKGROUND

The HLPP was established by the Minster for Planning and the appointment of expert and local members was for a period of three years, which expires in March 2021.

On 31 August 2020, Council wrote to the Department of Planning, Industry and Environment to seek advice regarding the upcoming end of term for Local Planning Panel chairs and members. Advice from the Department was sought to confirm the process and timing proposed to be undertaken for the replacement of Panel members. Council advised the Department that the process for appointing current members involved a lengthy procedure involving advertising for community representatives, shortlisting and interviewing of potential candidates and reporting to Council. The process is likely to take at least 4 months. Should a similar process be anticipated to be undertaken, Council would need to commence the process immediately to enable calling for expressions of interest and reporting to Council.

Council also advised the Department that the timing of the end of the current term for Panel members expires about 6 months from the Local Government elections in September 2021. Following preliminary discussions with the Department it was understood that the Department was considering opportunities to extend the current term of Panel members by 12 months. This timing would have provided an appropriate opportunity for the newly elected Council to consider Panel membership for its term. This would also be consistent with Council’s approach of calling for expressions of interest from new members to participate on Council Committees and Working Groups at the commencement of a new Council term.

On 2 December 2020, the Minister for Planning and Public Spaces wrote to NSW councils advising that the Department of Planning, Industry and Environment has been requested to conduct an expression of interest during early 2021 to refresh the chair and expert pools from which councils make appointments to their local planning panels. Councils will be required to select technical experts from the list of potential members prepared by the Department in response to the expression of interest process.

As this timing coincides with the end of the first three-year term of office for local planning panel members in March 2021, councils have been requested to reappoint current chairs and alternate chairs up to 30 June 2021. The selection and appointment of community representatives remains a council responsibility.

DISCUSSION

In accordance with Schedule 2, Part 4 – ‘Provisions relating to members of planning bodies’ under the Environmental Planning and Assessment Act, 1979:

1) A member of a planning body holds office, subject to this Act and the regulations, for such period (not exceeding 3 years) as is specified in the member's instrument of appointment.

2) That period may be determined by reference to the occurrence of a specified event or the completion of the exercise of particular functions of the planning body.

3) A member is eligible (if otherwise qualified) for re-appointment.

4) A member of a local planning panel may not hold office as a member of that panel for more than 6 years in total.

In this regard, the term of appointment for both the current local members of the HLPP and community members of the SNPP may be extended in accordance with the Act.

Hornsby Local Planning Panel

The current term of appointment for members of the Hornsby Local Planning Panel is for a 3-year term and expires in March 2021. It is recommended that the current term of membership for the Chair and technical experts of the Panel be extended to 30 June 2021 in accordance with the Minister’s advice. However, concern is raised that the 6-month extension of time is not adequate for the conduct of an expression of interest process and consideration of the list of experts by Council for selection of preferred panel members.

Previous experience in the selection of panel members has shown that it would be preferable to extend the appointment term until 31 March 2022 (12 months) to enable appropriate time to undertake the expression of interest process. An extension of time would also allow appointment of panel members by the newly elected Council following the September Local Government elections.

As indicated above, the appointment of the community representatives remains the responsibility of Council. Accordingly, it is recommended that the term for the community representatives on the Panel be extended by 12 months to enable appropriate time for an expression of interest process to be conducted, interviews with candidates as appropriate and reporting to the new Council.

Sydney North Planning Panel

On 15 January 2020, the Minister for Planning and Public Spaces wrote to Council to advise that the term of appointment of two State appointed members on the SNPP, Sue Francis and John Roseth had expired and Julie Savet Ward and Brian Kirk were appointed to the Panel. Peter Debnam continued in his role as the Panel Chair.

The current term of appointment for the current expert and non-expert local community members on the SNPP expires in March 2021. Extending the term of membership of the current local members would enable expressions of interest to be conducted jointly for local members of both the SNPP and HLPP.

Extension of the term of appointment of the local members of the SNPP is not affected by the Minister’s advice of December 2020. This matter has been discussed with the current panel members of the HLPP and the SNPP who have expressed their interest in continuing to participate on the Planning Panels.

Accordingly, it is recommended that Council write to the Minister of Planning to seek extension of office of the current community members on the Sydney North Planning Panel to 31 March 2022. This would coincide with the extension proposed for community members on the HLPP.

BUDGET

There are no additional budgetary implications. The current remuneration rates for the local members of the Sydney North Planning Panel would remain unchanged.

POLICY

There are no policy implications associated with this Report.

CONCLUSION

The current term of office for panel members of the Hornsby Local Planning Panel and the community members of the Sydney North Planning Panel expires in March 2021.

It is recommended that Council agree to extend the current term of membership of panel members in accordance with the advice of the Minister for Planning and Public Spaces advice.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Manager, Development Assessments – Rod Pickles who can be contacted on 9847 6731.

Rod Pickles

Manager - Development Assessments

Planning and Compliance Division

James Farrington

Director - Planning and Compliance

Planning and Compliance Division

Attachments:

There are no attachments for this report.

File Reference: F2013/00295-002

Document Number: D08076684

Director’s Report No. PC6/21

Planning and Compliance Division

Date of Meeting: 10/02/2021

9 REPORTING VARIATIONS TO DEVELOPMENT STANDARDS

EXECUTIVE SUMMARY

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

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

RECOMMENDATION

THAT the contents of Director’s Report No. PC6/21 be received and noted.

PURPOSE

The purpose of this report is to advise Council of determined development applications under delegated authority involving a Clause 4.6 variation to a development standard for the period 1 October to 31 December 2020.

DISCUSSION

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

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

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

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

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

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

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

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

In accordance with Point 3 of the Department Circular, attached is a list of development applications determined between 1 October 2020 to 31 December 2020.

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

BUDGET

There are no budget implications.

POLICY

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

CONCLUSION

Council is required to monitor the manner in which development standards are being varied. This assists in determining whether changes are required to relevant standards. This report provides advice to Council on standards varied under delegated authority which relied upon Clause 4.6 of the HLEP during the reporting period from1 October 2020 to 31 December 2020.

RESPONSIBLE OFFICER

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

James Farrington

Director - Planning and Compliance

Planning and Compliance Division

Attachments:

Clause 4.6 Returns - 1 October 2020 to 31 December 2020

File Reference: F2004/07599-02

Document Number: D08092987