Agenda of General Meeting - Wednesday, 14 April 2021

Hornsby Shire Council Agenda and Summary of Recommendations

Page 1

AGENDA AND SUMMARY OF RECOMMENDATIONS

PRESENT

NATIONAL ANTHEM

OPENING PRAYER/S

Pastor David Nathan from The Hive Church , Hornsby will open tonights meeting in prayer.

Acknowledgement of RELIGIOUS DIVERSITY

Statement by the Chairperson:

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

Acknowledgement of Country

Statement by the Chairperson:

"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."

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 10 March, 2021 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 GM16/21 Draft 2021-2022 Delivery Program including the Operational Plan, Budget and Fees and Charges 2021/22 - Adoption for public exhibition

RECOMMENDATION

THAT Council:

1. Adopt for public exhibition the draft 2021-2022 Delivery Program and Operational Plan 2021/22 which includes the draft Budget, Fees and Charges and Rating Structure for 2021/22 and make available for public comment from 15 April to 17 May 2021.

2. Note the rating information contained in the draft 2021-2022 Delivery Program and Operational Plan 2021/22 is in line with the Independent Pricing and Regulatory Tribunal’s rate increase approval for NSW councils (i.e. a 2% rate increase for 2021/22).

3. Following public exhibition, and before 30 June 2021, a report be prepared which outlines any submissions received and recommends the adoption of the 2021-2022 Delivery Program and Operational Plan 2021/22, including Budget, Fees and Charges and Rating Structure.

Page Number 8

Item 2 GM17/21 Draft Community Engagement Policy and Plan

RECOMMENDATION

THAT:

1. Council endorse the exhibition of the draft Community Engagement Policy attached to General Manager’s Report No. GM17/21.

2. Council endorse the exhibition of the draft Community Engagement Plan attached to General Manager’s Report No. GM17/21.

3. A further report be brought to Council following the conclusion of the exhibition and submission period.

Corporate Support Division

Page Number 15

Item 3 CS19/21 Office of Local Government Consultation Paper - Remote Attendance by Councillors at Council Meetings

RECOMMENDATION

THAT:

1. The contents of Director’s Report No. CS19/21 be received and noted.

2. Council authorise the General Manager to make a submission in response to the consultation paper - Remote Attendance by Councillors at Council Meetings - in line with the matters raised in Director’s Report No. CS19/21.

3. Noting the NSW Government’s foreshadowed temporary amendment to the Local Government (General) Regulation, Council continue its research and costings in respect of remote attendance at Council meetings prior to considering and deciding on any amendments to its own Code of Meeting Practice or in response to the foreshadowed amendment to the Regulation.

Page Number 21

Item 4 CS15/21 Investments and Borrowings for 2020/2021 - Status for Period Ending 28 February 2021

RECOMMENDATION

THAT the contents of Director’s Report No. CS15/21 be received and noted.

Page Number 24

Item 5 CS16/21 Pecuniary Interest and Other Matters Returns - Disclosures by Councillors and Designated Persons

RECOMMENDATION

THAT Council note the Disclosure of Pecuniary Interests and Other Matters Returns recently lodged with the General Manager have been tabled as required by the Local Government Act.

Community and Environment Division

Page Number 27

Item 6 CE5/21 Renaming Of The Pennant Hills Community Nursery

RECOMMENDATION

THAT Council:

1. Receive and note the contents of Director’s Report No. CE5/21.

2. Adopt Warada Ngurang Community Nursery as the community nursery’s official name.

3. Mark the renaming with a Welcome to Country and Smoking Ceremony.

4. Update signage to reflect the newly renamed Warada Ngurang Community Nursery.

Page Number 30

Item 7 CE6/21 Council Managed Crown Land - Land Categories

RECOMMENDATION

THAT Council:

1. Request approval from the Minister administering the Crown Land Management Act to accept the land categories assigned for the 90 Crown Reserves for which Council is the Crown Land Manager, as shown in Attachment A to Director’s Report No. CE6/21.

2. Request approval from the Minister administering the Crown Land Management Act to accept the proposed classification of operational land for the Beecroft Village Carpark, Beecroft and Wharf Reserve Carpark, Brooklyn as shown in Attachment B to Director’s Report No. CE6/21.

3. Request approval from the Minister administering the Crown Land Management Act to accept Council’s resignation as Crown Land Manager for the Berowra Station Carpark and bushland reserve in Dural currently occupied by the Kangaroo Protection Cooperative.

4. Authorise the General Manager to approve the provision of any documentation required to support Council’s proposed land categories, proposed operational land classification and resignation as Crown Land Manager.

Page Number 36

Item 8 CE8/21 Mark Taylor Oval - Sub Funding Agreement between Council and the Northern District Cricket Club

RECOMMENDATION

THAT:

1. The contents of Director’s Report No. CE8/21 be received and noted.

2. Council confirm its support to enter into arrangements with Northern District Cricket Club to deliver components of the upgrade of Mark Taylor Oval.

3. Subject to point 2, Council endorse the sub funding agreement and tripartite agreement attached to Director’s Report No. CE8/21.

4. Subject to the terms generally outlined in Director’s Report No. CE8/21 and any changes recommended by Council’s legal advisers, Council delegate authority to the General Manager to sign the agreements attached to Director’s Report No. CE8/21.

Planning and Compliance Division

Page Number 41

Item 9 PC8/21 Standard Instrument Amendment - Size of Secondary Dwellings in Rural Zones

RECOMMENDATION

THAT:

1. Council endorse an amendment to the Hornsby Local Environmental Plan 2013 to include a new Clause 5.5 to reinstate a maximum size for secondary dwellings in Rural Zones.

2. The Department of Planning, Industry and Environment be advised that Council’s nominated size is 120sqm or 10% in accordance with Option 3 as detailed in Director’s Report No. PC8/21.

Infrastructure and Major Projects Division

Page Number 47

Item 10 IM2/21 Draft Master Plans for Hornsby and Westleigh Parks

RECOMMENDATION

THAT Council:

1. Endorse the public exhibition of the Draft Master Plans for Hornsby and Westleigh Parks for a period of 42 days.

2. Acknowledge that a financially responsible approach requires that the projects be staged commensurate with available funding.

3. Acknowledge that the estimated cost of both projects and more importantly Council’s ability to cover operational, maintenance and renewal costs means that there will be a need to focus on the delivery of one project.

4. Confirm that it wishes to focus on the delivery of Hornsby Park and for this to be expressed in the messaging associated with the public exhibition.

5. Require the results of the public exhibition to be reported to the July General Meeting of Council.

PUBLIC FORUM – NON AGENDA ITEMS

Questions on Notice

Mayor's Notes

Page Number 56

Item 11 MN3/21 Mayors Notes from 01 March to 31 March 2021

Notices of Motion

Page Number 57

Item 12 NOM1/21 Hornsby Shire's Native Wildlife

COUNCILLOR Heyde To Move

That Council:

1. Note that Hornsby Shire is characterised by its unique bushland and diverse range of native wildlife.

2. Note that thirty-one Wildlife Protection Areas have been designated by Council to help preserve our region's unique biodiversity.

3. Note that residents can help our wildlife thrive by keeping cats contained within their own property and by keeping them inside at night.

4. Recognise the essential role that volunteer wildlife rescuers and carers play in treating, rehabilitating, rehoming and advocating for our local wildlife.

5. Council formally thank our volunteer wildlife rescuers for their work within Hornsby and across the state acknowledging their ongoing commitment and expertise.

SUPPLEMENTARY AGENDA

MATTERS OF URGENCY

General Manager's Report No. GM16/21

Office of the General Manager

Date of Meeting: 14/04/2021

1 DRAFT 2021-2022 DELIVERY PROGRAM INCLUDING THE OPERATIONAL PLAN, BUDGET AND FEES AND CHARGES 2021/22 - ADOPTION FOR PUBLIC EXHIBITION

EXECUTIVE SUMMARY

· A draft 2021-2022 Delivery Program including the Operational Plan 2021/22 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 2021/22 are included in a separate document.

· The draft documents are predicated on Council maintaining current levels of service in 2021/22 as well as capital expenditure of $56.36 million. Also included are 186 key initiatives in total, which includes 125 actions identified through the recent adoption of strategy and technical documents and internal planning processes.

· The draft Operational Plan 2021/22 is based on the 2% rate increase approved by IPART for the 2021/22 financial year and provides for a budget surplus of $1.4 million based on a Net Operating and Capital Result after Funding. This result is $100K below that forecasted in the revised LTFP of $1.5 million.

· The surplus forecasted for 2021/22 is satisfactory in providing Council with financial capacity to respond to potential budget shocks that may occur over the financial year.

RECOMMENDATION

THAT Council:

PURPOSE

The purpose of this Report is to present to Council for adoption the draft 2021-2022 Delivery Program including the Operational Plan 2021/22 (incorporating the Budget, Fees and Charges and Rating Structure for 2021/22), such that the draft documents can be publicly exhibited from Thursday 15 April to Monday 17 May prior to being reconsidered for final adoption by Council in June 2021.

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 and reporting 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. Council’s Community Strategic Plan, Your Vision | Your Future 2028, was adopted on 13 June 2018.

Council’s original term of office was for three years, September 2017 to September 2020. To address the risks posed by the COVID-19 pandemic, NSW Council elections proposed for September 2020 were postponed by 12 months (OLG Circular No. 20-10 / 25 March 2020), thereby extending the current term of office for Council to four years. The integrated planning and reporting framework also require that the four-year delivery program and one-year operational plan be reviewed annually. This review process has now occurred for the 2021/22 financial year.

DISCUSSION

Draft 2021-2022 Delivery Program including the Operational Plan 2021/22

The draft 2021-2022 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 draft Operational Plan for 2021/22 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.

Council has undertaken significant community engagement throughout 2020/21, to inform the preparation of numerous strategic studies. A number of these studies have been adopted by Council, i.e. Sustainable Hornsby 2040, Biodiversity Conservation Strategy, Urban Forest Strategy, Water Sensitive Hornsby Strategy and Climate Wise Hornsby Plan, with further strategies, i.e. Play Plan, Economic Development and Tourism, Employment Lands, Walking and Cycling Strategy, to be considered by Council for adoption this financial year. The draft 2021-2022 Delivery Program and draft 2021/22 Operational Plan includes 125 high priority actions which are identified in these strategies.

Key initiatives outlined in the draft 2021-2022 Delivery Program including the draft Operational Plan 2021/22 include:

· Progressing Hornsby Park and Westleigh Park

· Completing the refurbishment of Hornsby Library

· A new roof for Galston Aquatic and Leisure Centre

· Construction of a new boat ramp at Wisemans Ferry, with financial assistance from The Hills Shire Council and NSW Government

· An investigation into options for electric vehicle charging stations on public land

· Installation of a range of energy efficient measures such as LED lighting and the investigation of solar panels

· Completion of the Hornsby Town Centre Review

· Confirmation of a vision for rural lands, with the exhibition and adoption of the Rural Lands Study

· Preparation of a new Community Strategic Plan and Delivery Program

· Establishment of an Audit, Risk and Improvement Committee

· Development of a digital strategy, outlining how Council will use technology to transform the digital customer experience.

Research undertaken in 2017 for the development of the Community Strategic Plan, Your Vision | Your Future 2028 found that 99% of residents believe they have a good to excellent quality of life. This was reaffirmed in a later survey carried out in March 2020 where 96% of residents believe they have a good to excellent quality of life due to a wide combination of factors. 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 which are detailed in the Operational Plan 2021/22 total $56.36 million, of which $22.8 million is funded by grants and $16.1 million is funded by section 7.11 / section 7.12 development contributions. The capital projects proposed for 2021/22 include:

· $21 million on progressing the Hornsby Park and Westleigh Park major projects

· $2 million to embellish existing community centres

· Various drainage improvements worth more than $1 million

· Local footpath improvements worth almost $1 million

· Local road improvements worth more than $3 million

· $8.2 million to improve various parks and sporting facilities including Warrina Street Oval, Berowra; Brickpit Park, Thornleigh; Hunt Reserve, Mount Colah; Erlestoke Park, Castle Hill; Ruddock Park, Westleigh; Lisgar Gardens, Hornsby; Pennant Hills Park and Mark Taylor Oval, Waitara

· Over $1.9 million on bushland recreational improvements, including walking track upgrades to the Great North Walk and links in the Berowra to Cowan area, and Stages 2 and 3 of Hornsby Heritage steps trail and restoration

· Over $1 million on Catchment Remediation Rate projects including installation of gross pollutant traps, biofiltration basins and stormwater harvesting at Ron Payne Park, and Edward Bennett Park.

The draft 2021/22 Budget

Council staff commenced the preparation of the draft 2021/22 Budget in December 2020. To minimise some of the financial constraints and considerations impacting local government generally and Council specifically, and to avoid excessive bids for funding which could not be met, the draft 2021/22 budget parameters included:

· Alignment with the parameters and projects identified in the Long-Term Financial Plan (LTFP), adopted by Councillors at the 13 March 2019 General Meeting and endorsed by Councillors at various briefing workshops held during November 2020 and February 2021. These briefing workshops were held to consider revised economic conditions impacting Council’s financial position and plan for any necessary budget adjustments as required in future annual budgets.

· The main LTFP projects for inclusion in the annual 2021/22 budget include: Asquith to Mount Colah public domain of $2 million (part allocation), Footpath budget increased to $1 million, Heritage Planning Study $425K, and major project budget allocation for 2021/22 (part allocation) of Hornsby Park Redevelopment of $18 million and Westleigh Park Redevelopment at $3 million.

· A general rate increase of 2% for 2021/22 – 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 or reviewing service provision.

· Direct salaries and wages to include provision for the Local Government (State) Award increase of 2% 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 grant funded projects and Section 7.11 and 7.12 Development Contributions projects.

· Increase superannuation from 9.5% to 10% in line with statutory requirements.

· Allowable insurance premium increase ranging from 10% to 20% based on quotes received.

· Office relocation and other alternative site costs required due to the closure of the Administration Centre building.

The draft 2021/22 budgeted cash surplus after applying the parameters above and priorities identified in the revised LTFP is $1.4 million. Whilst this budgeted cash surplus is $100K below what was forecasted in the revised LTFP, it is a satisfactory amount that will enable Council to respond to budget shocks that may occur over the financial year. This often includes natural disasters such as storm events, infrastructure failure and/or capital project increases.

It is noted that two expenditure requests have been considered by Councillors for inclusion into the 2021/22 Annual Budget subject to the results of several service reviews that are being undertaken. The results of these service reviews will be known during the exhibition period with an update being provided as part of the final adoption of the Delivery Program at the General Meeting of Council in June 2021. These two expenditure requests are:

· A net recurrent budget of $72K representing Council’s share of the expenditure is required to implement and maintain newly identified bushfire asset protection zones within the Shire. It is anticipated that the Rural Fire Service will provide funding for 90% of this initiative with Council’s ability to undertake the work is predicated on these funds being received.

· A recurrent budget of $15K is required to implement initiatives recommended by the Hornsby Aboriginal and Torres Strait Islander Consultative Committee such as cultural awareness training and an increased number of Welcome to Country and Smoking Ceremonies at the beginning of Council Meetings and Citizenship Ceremonies.

Fees and Charges

The proposed Fees and Charges for 2021/22 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 2021/22, most fees and charges have been increased by a CPI forecast of 1.4%. In respect to the Domestic Waste Management charge, increases in line with CPI have also 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 2021/22. 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 2021/22 financial year and will continue to be used for the 2022/23 financial year. The rating information is in line with the 2% increase approved by IPART for 2021/22. The base amount for ordinary, residential and farmland rates will increase from $570 in 2020/21 to $582 in 2021/22.

CONSULTATION

The exhibition of the draft 2021-2022 Delivery Program including the Operational Plan 2021/22, and draft Fees and Charges 2021/22 falls into the inform and consult engagement levels, as outlined in Council’s draft Community Engagement Plan. The formal public exhibition period for these draft documents is from Thursday 15 April to Monday 17 May 2021.

The community will be informed about the draft 2021-2022 Delivery Program including the Operational Plan 2021/22, and draft Fees and Charges 2021/22 through the following channels:

· Advertisement on Council’s website – Have Your Say

· Council’s eNews – April edition

· Social Media (Facebook)

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

· Council Advisory Committees

During the exhibition period the community will be invited to provide feedback on the draft documents. A summary of this feedback will be provided to Council for consideration at the 9 June 2021 Council general meeting, along with any recommended amendments to the draft 2021-2022 Delivery Program, the draft Operational Plan 2021/22 and draft Fees and Charges 2021/22 as a result of public input.

BUDGET

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

POLICY

The draft 2021-2022 Delivery Program including the Operational Plan 2021/22 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 2021-2022 Delivery Program including Operational Plan 2021/22 (including the Budget, Fees and Charges and Rating Structure) encompasses 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 2021/22. That feedback will be considered by Council prior to final adoption of the documents in June 2021.

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 2021-2022 Delivery Program including the Operational Plan 2021/22
2.	Draft Fees and Charges 2021/22

File Reference: F2020/00348

Document Number: D08126019

General Manager's Report No. GM17/21

Office of the General Manager

Date of Meeting: 14/04/2021

2 DRAFT COMMUNITY ENGAGEMENT POLICY AND PLAN

EXECUTIVE SUMMARY

· In February 2020, Council completed a Communications and Engagement Strategy, including four associated policies, to guide all communication and engagement activities.

· One of these policies is the draft Community Engagement Policy, which outlines Council’s commitment to building open, transparent and active relationships with the community.

· The draft Community Engagement Plan supports the draft Policy and provides a guide for staff and consultants in the deliverance of best-practice community and stakeholder engagement with high-quality outcomes.

· It is recommended that Council adopt the draft Community Engagement Policy and the draft Community Engagement Plan for the purpose of placing both documents on exhibition for a period of 42 days.

RECOMMENDATION

THAT:

1. Council endorse the exhibition of the draft Community Engagement Policy attached to General Manager’s Report No. GM17/21.

2. Council endorse the exhibition of the draft Community Engagement Plan attached to General Manager’s Report No. GM17/21.

3. A further report be brought to Council following the conclusion of the exhibition and submission period.

PURPOSE

The purpose of this Report is to seek Council’s approval to place the draft Community Engagement Policy and the draft Community Engagement Plan on public exhibition for a period of 42 days.

BACKGROUND

In June 2019, Council engaged an external consultant to develop a Communications and Engagement Strategy, and supporting policies, to guide all communication and engagement activities.

The supporting policies are as follows: -

1. Media Policy

2. Social Media Policy for Councillors

3. Crisis Communication Policy

4. Community Engagement Policy

In February 2020, the Communications and Engagement Strategy was completed, including four associated policies, to guide all communication and engagement activities.

At the 8 July 2020 General Meeting, two draft policies were adopted by Council – the Media Policy and Social Media Policy for Councillors.

The 8 July 2020 report to Council also advised that a draft Community Engagement Policy had been developed and would be presented to Council when the draft Community Engagement Plan was finalised.

The draft Community Engagement Policy and the draft Community Engagement Plan were presented to an informal workshop in March 2021.

DISCUSSION

In developing these documents, we have adopted the following approach:

1. Draft Community Engagement Policy – our commitment to the community.

2. Draft Community Engagement Plan – how Council will implement the draft Policy (incorporates and replaces the current Community Participation Plan (CPP).

Draft Community Engagement Policy

The purpose of this Policy is to outline Council’s commitment to building open, transparent and active relationships with the community. The Policy articulates the standards and principles that underpin all engagement practice within Council and outlines the high-level process by which engagement is planned and implemented. It includes:

· Policy purpose

· Policy statement

· Policy standards

· Policy principles

· Policy application

· Policy Implementation

Seven core principles drive Council’s approach to engaging the public. The principles are:

1. Strategy-led

Our engagement activities are informed, intentional and led by a strategy that supports the vision and purposes of Council. We want to find better, smarter ways and our growth mindset means we’re always looking to see how we can improve.

2. Proactive

Our engagement activities are rigorous and comprehensive. We engage so we can make decisions with the community, rather than for the community. Engagement helps us look to the future to anticipate needs.

3. Open and inclusive

Our engagement is strategic and captures accurate information that represents our community as a whole. We exist to serve the residents of Hornsby Shire – we’re here for every person in every suburb. We provide a safe environment, so stakeholders feel comfortable and confident to be part of the decision-making process. We welcome respectful discussion and engagement.

4. Easy

Our engagement activities are easily accessible for our diverse community. We will present easy-to-understand information that is written in plain English, with simple but memorable visuals and opportunities for feedback. We’re committed to two-way conversations where we lean in, listen carefully and speak clearly.

5. Relevant

Our engagement activities are purposeful and can be adapted to suit the context, nature, scale and levels of community interest in a project, plan or issue. We will capture our learnings from each engagement to continuously improve our engagement activities.

6. Timely

Our engagement activities will meet the required minimum legislated exhibition timeframes (where applicable). Depending on the nature of the project, plan or issue, we will set stakeholder feedback timeframes.

7. Meaningful

Our engagement activities are designed to help stakeholders become aware, informed and meaningfully involved in all of Council’s decisions. Council will advise stakeholders how their input has influenced decisions. We will clearly articulate our vision for Hornsby Shire and explain reasons behind decisions

Draft Community Engagement Plan

The purpose of the draft Plan is to explain our commitment to our community in how we approach all engagement at Council and how they can be involved in making Hornsby Shire an even better place to live. It includes:

· Seven core principles on how we will engage with the community

· An Engagement Framework that responds to the needs of different stakeholders and incorporates aspects of the International Association for Public Participation’s (iap2) spectrum

· Our approach to public engagement at each participation level in the iap2 spectrum

· How to have your say

· How we will monitor and evaluate feedback

As with the draft Policy, there are seven core principles guiding our approach to public engagement.

The principles are:

1. Community engagement is strategy-led

We will:

· Work with you to make better decisions

· Ensure public contributions influence decision making

· Value the feedback you provide on how we can improve

We will do this by:

· Building open, transparent and active relationships with you

· Continuously exploring better, smarter ways that we engage with you

2. Community engagement is proactive

We will:

· Actively provide opportunities for you to be involved in decisions that you are interested in

· Seek input from you in designing how you can participate

We will do this by:

· Ensuring we know why and who we are engaging

· Being upfront about which decisions you can influence and those which are non-negotiable

3. Community engagement is open and inclusive

We will:

· Keep you informed about project and planning matters

· Provide a safe environment so you feel comfortable and confident to be part of the decision-making process

· Engage our community strategically to ensure the information we capture is accurate and represents our community as a whole

We will do this by:

· Using a variety of engagement methods so everyone can participate, no matter their group or age

· Hosting a range of information and engagement events at venues throughout Hornsby that are easy for you to access.

4. Community engagement is easy

We will:

· Present you with information that is written in plain English and easy to understand

· Provide a content translation conversion service

· Clearly show you the purpose of any engagement activity and how and when you can be involved

· Use visual aids when it’s appropriate

We will do this by:

· Advertising opportunities for you to participate as widely as possible through channels like email, newspaper, media releases, social media, our website and direct mail

· Giving you multiple ways to give us feedback like email, through the post or speaking to us

· Making it easy for you to visualise a proposed project or plan by using interactive maps or 3D representations

5. Community engagement is relevant

We will:

· Define the purpose of our engagement activities and adapt them to suit the context, nature, scale and the level of community interest in the project, plan or issue

We will do this by:

· Targeting our engagement campaigns, surveys or information available on social media to specific community groups

· Sending you information relevant to a project or planning matter you tell us you’re interested in

· Reviewing the outcomes of previous consultations so we can learn how we can do it better next time

6. Community engagement is timely

We will:

· Involve you as early as possible in planning processes for plans and projects

· Meet the required minimum exhibition timeframes

· Give you plenty of time to give us feedback

We will do this by:

· Notifying you early in the exhibition timeframe on how you can be part of making decisions via our website, local print publications and media releases

· The timeframe for you to give us feedback will depend on the nature of the proposed plan or project

7. Community engagement is meaningful

We will:

· Keep giving you meaningful opportunities to be part of council decisions that affect you

· Thoughtfully consider your feedback

· Report back to you about the reasoning behind our decisions

We will do this by:

· Amending our plans or giving you more information as a result of your feedback

The draft Plan also incorporates the current Community Participation Plan (CPP). Revisions have been made to the CPP content to reflect the changes from print advertising to digital/website, and the move to development applications being lodged via the NSW Government ePlanning Portal.

CONSULTATION

The draft Community Engagement Policy and Community Engagement Plan falls into the inform and consult engagement levels outlined in Council’s draft Community Engagement Plan. The draft documents will be publicly exhibited for a period of 42 days to enable the community and key stakeholders to provide feedback.

The community will be informed about the draft Community Engagement Policy and Community Engagement Plan through the following channels: -

· Advertisement on Council’s website – Have Your Say

· Council’s eNews – April edition

· Social Media (Facebook)

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

· Council Advisory Committees

During the exhibition period the community will be invited to provide feedback on the draft documents. A summary of this feedback will be provided to Council for consideration at a future Council meeting, along with any recommended amendments to the draft Community Engagement Policy and/or Plan as a result of public input.

BUDGET

There are no budgetary implications associated with this Report.

POLICY

The draft Community Engagement Policy acts as a guide for Council staff and representatives who engage in public consultation with the Hornsby Shire community. It articulates the standards and principles that underpin all engagement practice within Council and outlines the high-level process by which engagement is planned and implemented.

CONCLUSION

The draft Community Engagement Policy and draft Community Engagement Plan act as a guide for Council staff and representatives who communicate and engage with our community on behalf of Council.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Communications and Engagement Manager – Tracy Bass - who can be contacted on 9847 6790.

Louise Gee

Manager - Strategy and Place

Office of the General Manager

Steven Head

General Manager

Office of the General Manager

Attachments:

1.	Draft Community Engagement Policy
2.	Draft Community Engagement Plan

File Reference: F2018/00308

Document Number: D08128316

Director's Report No. CS19/21

Corporate Support Division

Date of Meeting: 14/04/2021

3 OFFICE OF LOCAL GOVERNMENT CONSULTATION PAPER - REMOTE ATTENDANCE BY COUNCILLORS AT COUNCIL MEETINGS

EXECUTIVE SUMMARY

· The “prescribed period” for the purposes of section 747A - COVID-19 Council Meetings of the Local Government Act, during which period the requirement for councillors and members of the public to attend meetings was satisfied if the meeting was held using audio-visual links, expired on 25 March 2021. The Government has recognised that most councils successfully implemented remote attendance by councillors at meetings by audio-visual link during the “prescribed period” and that some councils have consequently called for the option of remote attendance to be made available to them on an ongoing basis.

· The Office of Local Government has issued a consultation paper - Remote Attendance by Councillors at Council Meetings - to seek the views of councils and others on proposed amendments to the Model Code of Meeting Practice aimed at allowing councils to permit individual councillors to attend meetings remotely by audio-visual link in certain circumstances. Whilst the OLG is consulting on the proposed amendments to the Model Meeting Code, the Government intends to make a temporary amendment to the Local Government (General) Regulation which will allow councils to permit individual (but not all) councillors to attend meetings by audio-visual link in defined circumstances until the end of December 2021.

· Although staff are generally supportive of the proposed non-mandatory amendments to the Model Code, it is appropriate for Council to undertake appropriate research and costings in respect of remote attendance at Meetings during the current consultation period and prior to considering and deciding on any amendments to its own Code of Meeting Practice.

RECOMMENDATION

THAT:

1. The contents of Director’s Report No. CS19/21 be received and noted.

PURPOSE

The purpose of this Report is to:

· Advise Council that the “prescribed period” for the purposes of section 747A of the Local Government Act, during which period the requirement for councillors and members of the public to attend meetings was satisfied if the meeting was held using audio-visual links, expired on 25 March 2021.

· Advise Council that the Office of Local Government (OLG) has issued a consultation paper - Remote Attendance by Councillors at Council Meetings - to seek the views of councils and others on proposed amendments to the Model Code of Meeting Practice for Local Councils in NSW which would allow councils to permit (some but not all) councillors to attend meetings remotely by audio-visual link in certain circumstances commencing in 2022.

· Provide Council with information to assist in determining if it wishes, if and when foreshadowed temporary amendments are made to the Local Government (General) Regulation, to allow Councillors to attend meetings remotely by audio-visual link in defined exceptional circumstances until the end of December 2021.

BACKGROUND

Temporary amendments were made to the Local Government Act in March 2020 in response to the COVID-19 pandemic allowing councillors to participate in meetings remotely by audio-visual link. Most councils have successfully implemented remote attendance by councillors at meetings by audio-visual link during the pandemic. From 26 March 2021, councils are once again required under section 10 of the Act to permit members of the public to attend meetings in person, subject to the requirements of any Public Health Order in force at the time and social distancing requirements.

Some councils have called for the option of remote attendance by councillors to be made available to them on an ongoing basis from 26 March 2021 to encourage greater diversity of representation. The NSW Government has agreed that allowing remote attendance may serve to remove some of the impediments that currently prevent underrepresented groups from serving on their local councils. The Government is, therefore, proposing to amend the Model Code of Meeting Practice for Local Councils in NSW to include non-mandatory provisions which would allow councils to permit councillors to attend council and committee meetings remotely by audio-visual link in certain circumstances.

While councils are required to resume meeting in person from 26 March 2021, the NSW Government has foreshadowed an intention to make interim amendments to the Local Government (General) Regulation which would allow councils to permit individual (but not all) councillors to attend meetings remotely until 31 December 2021. While the Government strongly supports the objective of encouraging greater diversity of representation on councils, their view is that this should be counterbalanced by the need to ensure communities are effectively represented by their elected councillors.

The Government believes that to be effective local elected representatives, councillors need to live or work in the area and should exercise their duties diligently. Councillors should not, for example, be permitted to move interstate or overseas and attend every third meeting remotely to collect their fees. Councillors should also not be permitted to attend meetings while at work where their attention may be focused on matters other than council business. To ensure this does not occur, the grounds on which councillors will be permitted to attend meetings by audio-visual link will be limited by the NSW Government.

Under the proposed new provisions, councils will only be able to give approval for individual councillors to attend meetings remotely by audio-visual link where the councillor is prevented from attending the meeting because of ill health, disability, carer responsibilities, natural disaster or, on a limited number of occasions in each year, because they are absent from the local area due to a prior work commitment.

The Government recognises that remote attendance by councillors at meetings by audio-visual link may not be supported by all councils or may pose insurmountable logistical and technological challenges for some councils. For this reason, the proposed new provisions will not be mandatory, and councils will be able to choose whether to include them in their adopted codes of meeting practice.

DISCUSSION

The following is a summary, as it would apply to Hornsby Shire Council, of what the OLG is proposing in its consultation paper - Remote Attendance by Councillors at Council Meetings:

· “Audio-visual” link will be defined as “a facility that enables audio and visual communication between persons at different places”.

· Councillors will be permitted to attend a Meeting by audio-visual link with the prior approval of Council, or approval granted by the Council at the Meeting concerned, where they are prevented from attending the Meeting in person because of ill health, disability, carer responsibilities or natural disaster.

· Councillors will also be permitted to attend a Meeting by audio-visual link with the prior approval of the Council, or approval granted by Council at the Meeting concerned, where they are prevented from attending the Meeting because they are absent from the local area due to a prior work commitment. (N.B. Councillors will not be permitted to attend Meetings by audio-visual link on these grounds on any more than three occasions in each year).

· If a Councillor is proposing to seek the Council’s approval to attend a Meeting by audio-visual link at the Meeting concerned, they must first give the General Manager at least five (5) working days’ notice that they will be seeking the Council’s approval, to allow sufficient time for the necessary arrangements to be made for them to attend the Meeting remotely, should the Council give its approval.

· If attending a Meeting by audio-visual link, Councillors will be required to do so from a location within NSW or within 100 kilometres of the NSW border.

· Council will be required to act reasonably when considering whether to grant a Councillor’s request to attend a Meeting by audio-visual link.

· Council will be permitted, however, to refuse a Councillor’s request to attend a Meeting by audio-visual link where that Councillor has failed to appropriately declare and manage conflicts of interest, observe confidentiality or comply with the Council’s Code of Meeting Practice on one or more previous occasions when they have attended a Meeting by audio-visual link.

· The Code of Meeting Practice will apply to a Councillor attending a Meeting by audio-visual link in the same way it would if they attended the Meeting in person.

· Councillors will be required to give their full attention to the business and proceedings of the Meeting when attending a Meeting by audio-visual link.

· Councillors will be required to be appropriately dressed when attending Meetings by audio-visual link and must ensure that no items are within sight of the Meeting that are inconsistent with the maintenance of order at the Meeting or that are likely to bring the Council into disrepute.

· If a Councillor attends a Meeting by audio-visual link, the Minutes of the Meeting are to record the fact that the Councillor attended the Meeting by audio-visual link.

· Councillors attending a Meeting by audio-visual link will be required to declare and manage any conflicts of interest they may have in matters being considered at the Meeting in accordance with Council’s Code of Conduct.

· If a Councillor has declared a pecuniary or significant non-pecuniary conflict of interest in a matter being discussed at a Meeting, the Councillor’s audio-visual link to the Meeting must be terminated and the Councillor must not be in sight or hearing of the Meeting at any time during which the matter is being considered or discussed by the Council, or at any time during which the Council is voting on the matter.

· Councillors attending a Meeting by audio-visual link will be required to ensure that no other person is within sight or hearing of the Meeting at any time that the Meeting has been closed to the public under section 10A of the Act.

· If a Councillor attends a Meeting by audio-visual link, the Chairperson or a person authorised by the Chairperson will be permitted to mute the Councillor’s audio link to the Meeting for the purposes of enforcing compliance with the Code of Meeting Practice.

· If a Councillor attending a Meeting by audio-visual link is expelled from a Meeting for an act of disorder, the Chairperson of the Meeting or a person authorised by the Chairperson will be permitted to terminate the Councillor’s audio-visual link to the Meeting.

Submissions in respect of the Consultation Paper are to be submitted to the OLG by close of business on 3 May 2021, and address the following questions:

1. Do you support the proposed changes to the Model Meeting Code to allow councillors to attend meetings remotely by audio-visual link?

2. Do you have any concerns about the proposed changes? What are your concerns?

3. Do you have any suggestions for how the proposed new provisions could be improved?

The Government will consider any feedback it receives on the Consultation Paper prior to deciding what final changes it is prepared to make to the Model Code of Meeting Practice for Local Councils in NSW in respect of remote attendance by Councillors at council meetings. As the changes will be non-mandatory, councils will be able to decide for themselves what, if any, changes they need to make to their adopted codes of meeting practice to apply from that point onwards.

_________________________________

Staff are generally supportive of the proposals in the Consultation Paper and believe that with the right preparation and purchase of necessary extra Council-meeting infrastructure that the proposals would provide a useful addition to the Model Meeting Code which would ultimately flow into Council’s Code of Meeting Practice.

Although the foreshadowed temporary amendment to the Local Government (General) Regulation will provide the opportunity for Council to make a decision to allow individual Councillors to attend Meetings remotely from the next Meeting until December 2021, staff are not supportive of Council making such a decision until there has at least been sufficient time to canvass all of the relevant issues and to cost any infrastructure requirements associated with providing remote access opportunities for Councillors.

As there are only four General Meetings of the current Council and three General Meetings of the new Council in the period to the end of December 2021, it is considered desirable to leave a decision on incorporating remote attendance in Council’s Code of Meeting Practice until after the OLG has concluded the consultation period later this year and issued an updated Model Meeting Code.

During that time, staff will be able to monitor and discuss decisions of other councils on the matter and to seek relevant advice about what improvements (and costs) are required to ensure that Council’s webcast of its Meetings is able to seamlessly match with a system allowing remote attendance by Councillors at the same Meeting. It is noted that Council does not currently have the technical equipment required for a hybrid Meeting format whereby some Councillors are present in the Council Chambers and some are attending remotely via audio–visual link.

CONSULTATION

In the preparation of this Report there was consultation with staff from the Information, Communication and Technology Branch as well as Council’s Webcast service provider.

BUDGET

If Council was to allow individual Councillors to attend meetings remotely by audio-visual link, Councils current audio-visual set up in the Council Chambers would need to be upgraded. Quotes for such work are currently being arranged through the Webcast service provider.

POLICY

Decisions on this matter may ultimately require a change to Council’s Code of Meeting Practice. If this is the case, the proposed Code changes will need to be publicly exhibited for a period of at least 28 days and submissions invited for a period of not less than 42 days after exhibition commences before the updated Code can be adopted.

CONCLUSION

Although staff are generally supportive of the proposed amendments to the Model Code of Meeting Practice, it is considered appropriate for Council to continue its research and costings in respect of remote attendance at Meetings during the current consultation period and prior to considering and deciding on any amendments to its own Code of Meeting Practice or in response to the temporary amendment to the Regulation.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Acting Manager Governance and Customer Service – Stephen Colburt - who can be contacted on 9847 6761

Stephen Colburt

Manager, Governance and Customer Service

Corporate Support Division

Glen Magus

Director - Corporate Support

Corporate Support Division

Attachments:

Office of Local Government Council Circular 21-01

File Reference: F2004/07032

Document Number: D08128996

Director's Report No. CS15/21

Corporate Support Division

Date of Meeting: 14/04/2021

4 INVESTMENTS AND BORROWINGS FOR 2020/2021 - STATUS FOR PERIOD ENDING 28 FEBRUARY 2021

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 period ending 28 February 2021 as well as the extent of its borrowings at the end of the same period.

· 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 February of 0.32% which includes a negative yield of -5.39% from TCorp Managed Funds.

RECOMMENDATION

THAT the contents of Director’s Report No. CS15/21 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 month ending 28 February 2021 is detailed in the attached document. In summary, the portfolio achieved an annualised return for February of 0.32%.

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 Schedule as at 28 February 2021 is 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 28 February 2021 was $144,538 which includes an unrealised net loss from TCorp Managed Funds of ($112,766) for the month of February 2021.

Budgeted investment income year to date at 28 February 2021 is $3,493,297. Total investment income year to date at 28 February 2021 is $3,224,177 which includes a year to date net gain of $735,091 from TCorp Managed Funds.

Approximately 57.30% 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.

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 28 February 2021 is 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 February 2021
2.	HSC Borrowings Schedule February 2021

File Reference: F2004/06987-02

Document Number: D08117985

Director's Report No. CS16/21

Corporate Support Division

Date of Meeting: 14/04/2021

5 PECUNIARY INTEREST AND OTHER MATTERS RETURNS - DISCLOSURES BY COUNCILLORS AND DESIGNATED PERSONS

EXECUTIVE SUMMARY

· Section 449 of the Local Government Act (the Act) details the statutory requirements in respect of the lodgement of Disclosure of Pecuniary Interests and Other Matters Return/s by Councillors and Designated Persons.

· Section 450A (2) of the Act requires that Returns lodged under Section 449 are to be tabled at the next available Council meeting.

· In line with Section 450A (2), this Report seeks to table the Return/s recently lodged with the General Manager.

RECOMMENDATION

THAT Council note the Disclosure of Pecuniary Interests and Other Matters Returns recently lodged with the General Manager have been tabled as required by the Local Government Act.

PURPOSE

The purpose of this Report is to table the Disclosure of Pecuniary Interests and Other Matters Returns lodged by Councillors/Designated Persons who have left, commenced with, or internally transferred to a relevant position within Council.

BACKGROUND

Section 449(1) of the Act requires a Councillor or Designated Person to complete and lodge with the General Manager a Disclosure of Pecuniary Interests and Other Matters Return within three months after becoming a Councillor or a Designated Person. Section 449(3) requires a Councillor or Designated Person holding that position at 30 June in any year to complete and lodge with the General Manager a Return within three months after that date. Section 449(5) states that nothing prevents a Councillor or Designated Person from lodging more than one Return in any year.

Section 450A (2) of the Act requires that Returns lodged under Section 449 are to be tabled at a meeting of Council. Returns lodged under Sections 449(1) and 449(3) are to be tabled at the first meeting held after the last day for lodgement under those Sections; and Returns lodged for any other reason are to be tabled at the first meeting after their lodgement.

Council's procedures in respect of the disclosing of interests have been developed to cater for the election/appointment/employment/retirement/resignation/etc. of Councillors or Designated Persons.

These procedures:

· Require all Councillors and Designated Persons who hold that position at 30 June in any year to submit Returns to the General Manager by 30 September in that year (i.e. they are lodged under S449(3)). These Returns are tabled at Council’s October or November General Meeting for that year.

· Require newly elected Councillors or newly appointed Designated Persons to lodge Returns to the General Manager within three months of their election/appointment (i.e. they are lodged under S449(1)). These Returns are tabled at the next available General Meeting of Council.

· Require those Councillors or Designated Persons who are leaving Council (because of retirement, resignation, etc) to lodge Returns to the General Manager by their last day with Council. These Returns are tabled at the next available General Meeting of Council.

DISCUSSION

Returns Lodged in Accordance with Sections 449 w of the Act and Council's Procedures

Council last considered the tabling of Disclosure of Pecuniary Interests and Other Matters Returns under Sections 449(1) and (5) of the Act at the General Meeting held on 14 October 2020 (see Director’s Report No. CS31/20). Since that time, two additional Returns have been lodged with the General Manager and are now tabled as required by the Act.

Date Lodged	Councillor/Designated Person (Position)	Reason for Lodgement
28/2/2021	Manager Governance and Customer Service	Resignation
1/3/2021	Manager Governance and Customer Service	Temporary Appointment

BUDGET

There are no budgetary implications associated with this Report.

POLICY

There are no policy implications associated with this Report.

CONCLUSION

Council’s consideration of this Report satisfies the requirements of the Act regarding the lodgement of Disclosure of Pecuniary Interests and Other Matters Return/s by Councillors and Designated Persons.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Director, Corporate Support – Glen Magus, who can be contacted on 9847 6635.

glen magus

Director - Corporate Support

Corporate Support Division

Attachments:

There are no attachments for this report.

File Reference: F2021/00034

Document Number: D08123464

Director's Report No. CE5/21

Community and Environment Division

Date of Meeting: 14/04/2021

6 RENAMING OF THE PENNANT HILLS COMMUNITY NURSERY

EXECUTIVE SUMMARY

· In June 2020, Council received correspondence from a community member associated with the Community Nursery at Britannia Street, Pennant Hills suggesting that Council consider renaming its Community Nursery with a suitable local Aboriginal name.

· Council’s Hornsby Aboriginal and Torres Strait Islander Consultative Committee (HATSICC) discussed the proposal at its August 2020 meeting and agreed to recommend that Council further research this proposal.

· At its September 2020 General Meeting Council considered a Notice of Motion regarding Dual Naming of Existing Council Sites (NoM 14/20) and resolved in part to develop a policy for assessing naming or dual naming suggestions, in consultation with HATSICC, traditional Aboriginal Elders and language/knowledge-holders.

· HATSICC discussed the renaming proposal again at its November 2020 meeting and agreed that naming recommendations should be considered by a sub-committee comprised of Traditional Owners.

· Traditional Owners met in February 2021 to identify potential names for the Community Nursery and the outcomes of this meeting were reported back to HATSICC at its February 2021 meeting. HATSICC agreed that it was appropriate that a further meeting of all Aboriginal members of HATSICC (including Traditional Owners) be held in March 2021 to endorse a final naming recommendation to Council.

· Following this meeting Warada Ngurang = Place of Waratah (Wa-ra-da Noo-rang) is recommended to Council because it is a combination of both Darug and Guringai language words and can be easily pronounced.

RECOMMENDATION

THAT Council:

1. Receive and note the contents of Director’s Report No. CE5/21.

2. Adopt Warada Ngurang Community Nursery as the community nursery’s official name.

3. Mark the renaming with a Welcome to Country and Smoking Ceremony.

4. Update signage to reflect the newly renamed Warada Ngurang Community Nursery.

PURPOSE

The purpose of this Report is to present to Council the Aboriginal naming recommendation made by Traditional Owners, and endorsed by Aboriginal members of the HATSICC committee, for the renaming of the Pennant Hills Community Nursery.

BACKGROUND

In June 2020, Council received correspondence from a community member and volunteer at the Pennant Hills Community Nursey suggesting that Council consider renaming its Community Nursery with a suitable local Aboriginal name.

DISCUSSION

The renaming suggestion was considered by HATSICC in August 2020 when HATSICC agreed to recommend that Council further research the proposal.

In September 2020, Council considered a Notice of Motion regarding Dual Naming of Existing Council Sites (NoM 14/20) and resolved in part to develop a policy for assessing naming or dual naming suggestions, in consultation with HATSICC, traditional Aboriginal Elders and language/knowledge-holders.

The naming proposal was again considered by HATSICC at its November 2020 meeting, where it was agreed that a sub-committee comprised of Traditional Owners should be formed to recommend suitable names for Council’s consideration.

Traditional Owners met in February 2021 to identify potential names for the Community Nursery and the outcomes of this meeting were reported back to HATSICC at its February 2021 meeting. HATSICC agreed that it was appropriate that a further meeting of all Aboriginal members of HATSICC (including Traditional Owners) be held in March 2021 to endorse a final naming recommendation to Council.

Following this meeting Warada Ngurang = Place of Waratah (Wa-ra-da Noo-rang) is recommended to Council because it is a combination of both Darug and Guringai language words and can be easily pronounced.

BUDGET

There are no budgetary implications associated with this Report as any signage changes or ceremonies associated with the renaming can be accommodated within existing budgets.

POLICY

This Report is consistent with Council’s September 2020 resolution to develop a policy for assessing naming or dual naming suggestions, and highlights Council’s ongoing commitment to the acknowledgment of the Shire’s Aboriginal heritage, intrinsic connections and continuing relationships to Country and strengthens these links through the renaming of an important community facility.

CONCLUSION

Following the suggestion that Council consider renaming its Community Nursery with a suitable local Aboriginal name, Traditional Owners and Aboriginal members of HATSICC have met and recommend to Council that the Community Nursery at Britannia Street, Pennant Hills be renamed Warada Ngurang Community Nursery.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Acting Manager Community & Cultural Development – Neil Chippendale - who can be contacted on 9847 6523.

Neil Chippendale

Community Learning & Programs Section Leader

Community and Environment Division

Stephen Fedorow

Director - Community and Environment

Community and Environment Division

Attachments:

There are no attachments for this report.

File Reference: F2005/01147-002

Document Number: D08106652

Director's Report No. CE6/21

Community and Environment Division

Date of Meeting: 14/04/2021

7 COUNCIL MANAGED CROWN LAND - LAND CATEGORIES

EXECUTIVE SUMMARY

· The Crown Land Management Act 2016 (CLM Act) was enacted on 1 July 2018.

· The Act authorises Council as the appointed Crown Land Manager to manage Crown land as if it were public land under the Local Government Act 1993 (LG Act).

· As Crown Land Manager, Council must assign land categories to the Crown land as per Section 36 of the LG Act.

· The process of assigning of land categories does not propose any change of use.

· This report seeks Council’s resolution to request approval from the Minister administering the CLM Act, to accept the land categories assigned in Attachment A, accept the proposed operational land classification of two Crown land parcels at Beecroft and Brooklyn, shown at Attachment B, and accept Council’s resignation as Crown Land Manager for two Crown land parcels at Berowra and Dural.

RECOMMENDATION

THAT Council:

PURPOSE

The purpose of this Report is to seek Council’s endorsement to request approval from the Minister administering the CLM Act to:

· Accept the proposed land categories for the Council managed Crown Land, shown at Attachment A.

· Accept the proposed classification of operational land for the Beecroft and Brooklyn carparks, shown at Attachment B.

· Accept Council’s resignation as Crown Land Manager for the Berowra Station Carpark and bushland reserve in Dural currently occupied by the Kangaroo Protection Cooperative.

BACKGROUND

The CLM Act was enacted on 1 July 2018. Since this time, Council has become the Crown Land Manager for 90 former reserve trust lands, most of which Council already managed. Under Section 3.23 of the CLM Act, Council Crown Land Managers must assign one or more community land categories to Crown land in accordance with the LG Act. The process of assigning land categories does not propose any change of use.

The below diagram outlines the process for assigning land categories to Crown land and the eventual development of Plans of Management.

Council is to assign an initial land category to Crown land as per Section 36 of the LG Act where Hornsby Council is the Crown Land Manager and submit this to the Minister for approval.

These categories are:

· Area of Cultural Significance

· General Community Use

· Natural Area

· Park

· Sportsground

The category of Natural Area is further broken down into five sub categories:

· Bushland

· Escarpment

· Foreshore

· Watercourse

· Wetland

The Minister will review Council’s assigned land categories and either acknowledge and approve the category assigned or direct Council to change the category. Once Council receive the Minister’s approval of the assigned land categories, Council Crown Land Managers must proceed to develop and adopt Plans of Management for the land. The process for developing Plans of Management includes public consultation.

Plans of Management are required to be in place and adopted prior to 30 June 2021. In January 2021 correspondence from the Department of Planning, Industry and Environment – Crown Lands, acknowledged the challenges faced by Council’s to meet this deadline, and that an extension to the completion date is being investigated.

DISCUSSION

Council currently manage 223 Crown land parcels covering 90 Crown reserves. For the majority of the Crown reserves, the land categories nominated represents the current land usage without issue. Where possible, proposed land categories have been assigned consistently across the Local Government Area (LGA) where the same or similar land use occurs.

As required by the Department of Planning, Industry and Environment – Crown Lands, the information detailed in Attachment A includes the proposed land category, a justification for choosing the land category, and spatial mapping identifying the various categories. Through the process of assigning land categories to these Crown Land sites housekeeping opportunities have been found as outlined below.

Operational Land

Council is the Crown Land Manager for two (2) Crown Land carparks, these being:

· Lot 1 Sec 5 DP 758074 (Image 1 - Beecroft Village Shops Carpark, Beecroft)

· Lot 7027 DP 1124797 (Image 2 - Wharf Reserve, Brooklyn)

Image 1: Beecroft Village Shops Carpark Image 2: Wharf Reserve

Guidelines provided by the Department of Planning, Industry and Environment – Crown Lands, notes that for some Crown land reserves, a classification of Operational Land may be more appropriate. Examples include quarries, emergency services, sewage works and urban services.

Council has proposed the Beecroft and Brooklyn carparks be classified as Operational Land which does not require to be categorised. This classification is in accordance with other Council owned and managed carparks which are also classified as operational land, and in alignment with their purpose of Parking.

Crown land which is classified as Operational remains under Crown ownership and cannot be sold as part of this process.

The Classification of Crown land as Operational Land Form can be found at Attachment B.

Requesting to Become Crown Land Manager

For strategic land management purposes, Council is requesting to become the land manager for the following Crown owned land:

· Lot 7307 DP 1165937 (Image 3 – part of Parsley Bay, Brooklyn)

Inage 3: Parsley Bay, Brooklyn

Council has proposed to request the Crown separate the northern portion of Lot 7303 DP 1165937 and appoint Council as the Crown Land Manager for this portion. The current lot boundary is shown as a red outline in the diagram above, and the proposed northern portion shown in yellow. As the northern part of this land parcel is adjacent to other Council managed Crown land, becoming Crown Land Manager will enable consistent land management across the Parsley Bay area.

Resigning as Crown Land Manager

Through the process of reviewing sites some were found to have had no connection with Council management. Some may also be better served augmenting the existing national park estate where they directly adjoin.

As a result of an initial assessment, it is proposed to resign as the Crown Land Manager for the following Crown land:

· Lot 562 DP 752053 and Lot 7306 DP 93854 (Image – 4 small reserve adjacent to Berowra Station)

· Lot 250 DP 752048 (Image 5 - bushland reserve in Dural currently occupied by the Kangaroo Protection Cooperative)

Image 4: Berowra Station Carpark Image 5: Bushland in Dural

The land adjacent to Berowra Station is currently maintained by Transport for NSW and Council is not involved with the land. The transfer of management to Transport for NSW would be more suitable to the land usage.

The Kangaroo Protection Cooperative have a licence issued by National Parks and Wildlife Services (NPWS) to use Lot 250 DP 752048 for the rehabilitation of injured wildlife. Council is not involved with the land. Given the land adjoins the Berowra Valley National Park, the transfer of management to National Parks and Wildlife Services would be more suitable to the land usage.

Through this process other parcels of Crown Land may also be identified that directly adjoin National Parks where there may be merit in considering resigning as Crown Land Manager to allow management of the land to transfer to the National Parks and Wildlife Service. These would be separately reported to Council outlining issues for Council in their management and merits in Council resigning as Crown Land Manager.

CONSULTATION

An internal Project Control Group comprising of representatives from Parks, Trees and Recreation, Strategy and Place, Natural Resources and Property was established to guide this process.

Additionally, Council staff liaised with officers of the Office of Local Government and officers of Department of Industry – Crown Lands throughout the assigning of land categories.

Ultimately the Plans of Management for these Crown Land sites and their assigned land categorisations will be subject to a public consultation process when the draft Plans are placed on exhibition later this year.

BUDGET

The State Government provided Council with $46,896 under the Plans of Management Funding Support Program to assist in developing Plans of Management for Crown land. As of October 2020, Council had expended all of the grant funding.

It is anticipated that an additional $100,000 will be required to complete the Plans of Management and this amount has been provided for in the 2021/22 budget.

POLICY

The Crown Land Management Act 2016 was enacted on 1 July 2018. The Act requires Council to assign one or more land categories to Crown land where Council are the Crown Land Manager, in accordance with the categories of Community Land referred to in Section 36 of the Local Government Act 1993.

CONCLUSION

Council officers have assigned land categories for 90 Crown reserves which most closely relate to their current use in accordance with the land categories of the LG Act.

This report seeks Council’s endorsement of the proposed land categories and to request approval from the Minister administering the Crown Land Management Act 2016 to; accept the proposed land categories, accept the proposed classification of Operational Land at Beecroft and Brooklyn and accept Council’s resignation as Crown Land Manager for the Berowra Station Carpark and a bushland reserve in Dural.

Following the Minister’s approval of the assigned land categories, Plans of Management will be developed for the Crown land reserves in accordance with the LG Act.

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:

1.	Crown Land Initial Categorisations Report
2.	Operational Land Classification Request Form

File Reference: F2020/00240

Document Number: D08124691

Director's Report No. CE8/21

Community and Environment Division

Date of Meeting: 14/04/2021

8 MARK TAYLOR OVAL - SUB FUNDING AGREEMENT BETWEEN COUNCIL AND THE NORTHERN DISTRICT CRICKET CLUB

EXECUTIVE SUMMARY

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

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

· Council is progressing with the ground and playing surface upgrades, and the NDCC have approached Council seeking approval to deliver the proposed indoor training centre and a redeveloped grandstand/pavilion using some of the funding provided by the NSW Government to Council.

· Should Council support the Club’s application, a sub-funding agreement between NDCC and Council has been prepared by Council’s legal advisors to ensure appropriate probity, assurance, governance and budget oversight is undertaken. Supporting the sub funding agreement is a tripartite agreement between NDCC, a Head Contractor (that would be appointed by the Club) and Council.

· Both of these documents have been prepared to ensure that the NDCC is supported to deliver the project and that Council’s and the community’s interests are protected throughout the project.

RECOMMENDATION

THAT:

1. The contents of Director’s Report No. CE8/21 be received and noted.

2. Council confirm its support to enter into arrangements with Northern District Cricket Club to deliver components of the upgrade of Mark Taylor Oval.

3. Subject to point 2, Council endorse the sub funding agreement and tripartite agreement attached to Director’s Report No. CE8/21.

PURPOSE

The purpose of this Report is for Council to determine whether to support NDCC’s proposal to deliver upgraded sporting facilities with expanded community benefits at Mark Taylor Oval. It is noted that these improvements will be financed using funds provided by the NSW Government to Council for this project, together with funding secured by NDCC from other sources such as Cricket NSW. If this approach is supported, a funding agreement package will also require to be endorsed by Council.

BACKGROUND

In March 2019 the NSW Government announced a funding commitment of $9 million towards the embellishment of the sporting facilities at Waitara Park to create a Cricket Centre of Excellence. The NSW Government subsequently provided to Council funding for an upgrade of Mark Taylor Oval. Timing for the funding is staged over three years with the final payment scheduled in 2022/23.

Mark Taylor Oval is home of 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 park is a heavily utilised open space facility for the local population housing tennis courts, a large playground, passive open space, paved paths and the recently constructed PCYC building.

The proposed embellishments to be funded by the NSW Government contribution to Council 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 the NDCC propose to deliver using some of the funding provided to Council. The Club have sought to be entrusted to deliver substantial components of the upgrade, including the cricket indoor training facility. An application received from NDCC is contained in Attachment A.

The proposed project and the approach by NDCC to deliver components of the work has been subject to informal briefings to Council and was also outlined to Council at its February General Meeting regarding proposed changes to the Waitara Park Plan of Management.

DISCUSSION

Cricket Indoor Training Centre

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 requires development approval and a development application was lodged earlier this year that will be assessed by an external planner with the matter to be ultimately referred to the local Planning Panel for determination. Funding to prepare this development application has been provided by Cricket NSW.

A lease and/or management arrangement has yet to be developed for consideration by Council for the training centre and will be initiated should Council endorse the arrangements outlined in this Report and following adoption of amendments to the Waitara Park Plan of Management. Arrangements will need to reflect use of limited public open space and long-term sustainable maintenance of the asset so as to not create a long-term financial burden for 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 and to support women’s cricket that is played at Mark Taylor Oval. The Club 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.

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 development application to be lodged.

It is understood that NDCC, subject to Council endorsing the sub-funding agreement, plan on developing designs and future development application 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.

Sub-Funding Agreement

A sub-funding agreement between NDCC and Council (Attachment B) has been prepared by Council’s legal advisors to ensure appropriate probity assurance, governance and budget control is undertaken across the project. This has been supported with a tripartite agreement between NDCC, a Head Contractor (that the client would appoint) and Council. Both of these documents have been prepared on the basis that Council’s and the community’s interests are protected and maintained throughout the project and that a well-run, volunteer organisation can be supported through the project.

Key aspects of the Agreement include:

· Supporting the Club in delivery of the Project.

· Ensures Council (as land owner) has ultimate control over final design.

· Ensures appropriate reporting during construction.

· Ensures appropriate process undertaken prior to formation of key contracts.

· Ensures Council ultimately has the benefit of warranties provided with respect to the works.

· Seeks to ensure that the works are progressed within an appropriate time and in accordance with agreed milestones.

· Ensures sound financial management through establishment of separate bank account, staged provision of funding and control of variations.

· Ensures appropriate insurances and indemnities are provided.

· Addresses minor but important matters such as management of information, fetter of Council’s discretion and conflicts of interest.

Project Control Group (PCG)

A PCG is proposed to be formed under the Sub-Funding Deed. The PCG will comprise three (3) members appointed by the Club and four (4) members appointed by Council, including the Council appointed Project Manager. The PCG would meet once a month during the Project and can make binding determinations for the purpose of the Sub-Funding Deed.

The intention of the PCG is to support delivery of the project, affording Council oversight and approval obligations at milestones, while still allowing the Club to undertake the Project and manage the delivery of the project.

Tripartite Agreement

A Tripartite Agreement which joins the Club, Council and any Head contractor, appointed by the Club is considered an essential component of this model of project delivery. Without such an agreement, Council has no direct contractual relationship with the Head Contractor and therefore no ability to directly address any major issues that may arise during construction or following its completion.

Therefore, a Tripartite Agreement (Attachment C) has been prepared which addresses that issue, seeking to;

· Confer direct benefit on Council with respect to key obligations and warranties.

· Allows Council to step in to the shoes of the Club if there are major issues under the Head Contract.

· Allows Council to novate the Head Contract if there are major issues, i.e. take over the position of the Club under the Head Contract.

CONSULTATION

In the preparation of this Report there has been extensive consultation with the NDCC and Council’s specialist commercial lawyer.

BUDGET

A budget commitment has been provided by the NSW Government to Hornsby Council for $9 million. This funding is to be provided to Council progressively over 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.

Whilst it is efficient for Council to deliver and manage the upgrade of the Oval component, it is envisaged that the Indoor Centre and Pavilion can be delivered by NDCC using the NSW Grant funding provided to Council, subject to the arrangements outlined in this report.

Council is not providing any additional funding for this project beyond time of professional staff to support the project.

POLICY

In the event that Council adopts the recommendations put forward in this report, the agreements ensure prudent financial and risk management, whilst supporting the Club to deliver these two facilities components of the upgrade.

CONCLUSION

In response to NDCC desire to deliver major components of the upgrade of Mark Taylor Oval and facilities using funds provided by the State Government to Council, officers have worked with Council’s lawyers and representatives of NDCC to develop a sub funding agreement and associated agreements that will;

· Ensure Council (as land owner) has ultimate control over final design.

· Allow the Club to undertake components of the Project as intended using the Funding.

· Address Council’s key areas of concern.

· Provide appropriate protection to Council in the event of serious issues with respect to the Project.

· Provides Council with ongoing transparency, appropriate control on key matters, and the ability to address any major issues quickly and in a manner that ensures the Project proceeds.

This Report seeks Council’s consideration of the approach requested by the Club and delegation for the General Manager, subject to any further legal considerations, to complete and authorise the sub funding agreement and other documentation as required to manage delivery of this project.

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:

1.	Attachment A - Northern District Cricket Club Mark Taylor Oval Redevelopment Application Funding
2.	Attachment B - Sub-Funding Deed - Mark Taylor Oval Upgrade between Hornsby Shire Council and Northern District Cricket Club
3.	Attachment C - Tripartite Agreement - Mark Taylor Oval Upgrade between Hornsby Shire Council and Northern District Cricket Club

File Reference: F2020/00320

Document Number: D08133149

Director's Report No. PC8/21

Planning and Compliance Division

Date of Meeting: 14/04/2021

9 STANDARD INSTRUMENT AMENDMENT - SIZE OF SECONDARY DWELLINGS IN RURAL ZONES

EXECUTIVE SUMMARY

· On 1 February 2021, the Department of Planning, Industry and Environment (DPIE) amended Standard Instrument compulsory Clause 5.4(9) which limits the size of secondary dwellings in all NSW LEPs including the Hornsby Local Environmental Plan 2013 (HLEP). The clause now only applies to land other than land in a rural zone.

· Prior to the amendment, Clause 5.4(9) of the HLEP limited the size of secondary dwellings in rural areas to 60sqm or 33% of the size of the principal dwelling, whichever is greater.

· A new Standard Instrument optional Clause 5.5 has been introduced by DPIE which allows councils to set a maximum square metre size for secondary dwellings in rural zones, in addition to a maximum percentage of the size of the principal dwelling.

· Councils are required to prepare a planning proposal to insert the optional clause into LEPs. Alternatively, in response to concerns over the lengthy timeline of a planning proposal, DPIE has announced the option of having the LEP changes incorporated with other legislation due mid-2021.

· It is recommended that Council endorse an amendment to the HLEP to include Clause 5.5 to reinstate a maximum size of secondary dwellings in the rural zones of Hornsby Shire.

· This report presents three options for expressing the maximum size of secondary dwellings in rural zones.

· It is recommended that Council proceed with Option 3, to establish a maximum secondary dwelling size of the greater of 120sqm or 10% of the size of the principal dwelling. This option would benefit rural land owners with small principal dwellings and also prevent excessively large secondary dwellings that are inconsistent with rural character on sites with large principal dwellings.

RECOMMENDATION

THAT:

1. Council endorse an amendment to the Hornsby Local Environmental Plan 2013 to include a new Clause 5.5 to reinstate a maximum size for secondary dwellings in Rural Zones.

2. The Department of Planning, Industry and Environment be advised that Council’s nominated size is 120sqm or 10% in accordance with Option 3 as detailed in Director’s Report No. PC8/21.

PURPOSE

The purpose of this report is to seek endorsement for an amendment to the HLEP to include new optional Clause 5.5 to reinstate a maximum size for secondary dwellings in rural zones.

BACKGROUND

Secondary dwellings in urban areas are not permitted under the HLEP but are enabled through the Affordable Housing State Environmental Planning Policy which limits their size to 60 square metres and has no percentage control.

Secondary dwellings are a permitted land use in rural zones under the HLEP and until recently, their size has been regulated under compulsory Clause 5.4(9) of the Standard Instrument LEP. Secondary dwellings became a permissible land use in rural areas in Hornsby when the HLEP 2013 commenced. At that time, the Standard Instrument set the maximum size of a secondary dwelling to 60 square metres and Hornsby Council set the maximum percentage of the principal dwelling control at 20%.

In 2014, Council conducted a Rural Lands Planning Issues survey. It identified community support for the introduction of a number of development opportunities, including larger secondary dwellings. In response, Council initiated a planning proposal which resulted in an amendment to the HLEP to increase the maximum size of secondary dwellings in rural zones from 20% to 33% of the principal dwelling.

The provision of larger secondary dwellings in rural zones was intended to increase the opportunity for diversity of housing options for family members or affordable rental housing. Council’s position has been to allow a 3-bedroom, 2 bathrooms, 1 living area and 2 car space secondary dwelling (approx. 160sqm including carparking) to provide housing for extended families or rental accommodation that would also be consistent with the rural character of the area.

At the time of proposing the LEP amendment, Council had discussions with DPIE regarding the standard controls for secondary dwellings. Council requested that DPIE consider allowing a fixed maximum square metre area control, to achieve more consistent opportunities for secondary dwellings and to address concerns about character outcomes resulting from the excessively large secondary dwellings possible with the percentage requirement. This request was not supported by the Department for reasons that it was not consistent with the Standard Instrument format that mandated the square metre control and allowed local variation with the percentage control only.

Given the Department’s response to a local fixed square metre area control, the 33% size limit was adopted into the HLEP in 2016. This was intended to equate to a 120 square metre secondary dwelling plus 40sqm car parking area, based on 500sqm as the common size of new principal dwellings in the rural areas. This also maintained the primacy of the principal dwelling.

DISCUSSION

As discussed above, secondary dwellings in rural areas have been a permitted land use in rural areas since the commencement of the HLEP 2013 and, prior to 1 February 2021, Clause 5.4(9) of the HLEP limited the size of secondary dwellings in rural zones in Hornsby to 60 square metres or 33% of the total floor area of the principal dwelling, whichever is the greater.

Standard Instrument Amendment (Secondary Dwellings) Order 2020 re-worded Clause 5.4(9) in the HLEP and in all council LEPs so that it now only applies to land other than in a rural zone.

New Standard Instrument Clause

To reinstate a development standard in the HLEP to limit the size of secondary dwellings in rural zones, a new optional Clause 5.5 has been introduced. It allows councils via an LEP amendment to set the maximum size for secondary dwellings in rural zones as the greater of a specified size in square metres and a percentage of the total floor area of the principal dwelling. Councils can select both the numerical square metre and the percentage limits.

The new optional Clause 5.5 is as follows:

5.5 Controls relating to secondary dwellings on land in a rural zone [optional]

If development for the purposes of a secondary dwelling is permitted under this Plan on land in a rural zone –

(a) The total floor area of the dwelling, excluding any area used for parking, must not exceed whichever of the following is the greater-

(i) [insert number] square metres.

(ii) [insert number] % of the total floor area of the principal dwelling.

(b) The distance between the secondary dwelling and the principal dwelling must not exceed [insert number] metres.

Direction–– This clause may also be adopted without paragraph (a) or without paragraph (b)

Clause 5.5 also allows councils to set the maximum distance between a secondary and a primary dwelling in a rural zone. Currently, Council does not specify a standard for building separation between the principal dwelling and secondary dwelling. Therefore, this part of the Clause is not proposed to be progressed at this time.

Implications of the Amendment

The amendment was made without consultation or notification of Council. As a result of the change, until Clause 5.5 is inserted, there are no development standards in force under the HLEP to limit the size of secondary dwellings in rural zones. However, development controls remain as a guideline in the Hornsby Development Control Plan 2013 (HDCP) to limit secondary dwellings to 60sqm or 33% of the total floor area of the principal dwelling.

The intent of the new Clause 5.5 amendment is consistent with Council’s previous attempts to set a maximum size for secondary dwellings in square metres and the findings of the draft Rural Lands Study.

Draft Rural Lands Study

In 2019, Council initiated the preparation of a draft Rural Lands Study as part of the Accelerated LEP Review program. The draft Rural Lands Study incorporates a character place-based approach to planning for our rural areas to conserve rural character and protect environmentally sensitive and productive land for future use.

The draft Rural Lands Study documents were exhibited to the community in late 2020 for feedback on the principles and recommendations for managing rural lands. It is anticipated that a report to Council will be presented following the review of submissions and consideration of next steps, including whether Council wishes to endorse the Study and implement its recommendations.

One of the recommendations includes Council pursuing an amendment to the Standard Instrument LEP secondary dwelling requirements so that secondary dwellings in rural areas are permitted up to a maximum square metre size, regardless of the size of the principal dwelling. This recommendation seeks to ensure secondary dwellings are permitted in rural areas at a reasonable size without compromising rural character which is not determined by the size of the principal dwelling on the site.

In response to the exhibition of the draft Rural Lands Study, a number of submissions have been received about further increasing the size of secondary dwellings, including suggestions ranging from a size of 120sqm to up to 500sqm. Given that submissions on the draft Rural Lands Study are still being reviewed and the recommendations of the draft Study have not been endorsed, this report recommends reinstatement of a size control commensurate with the existing percentage and does not at this stage consider larger sizes. Council could further consider rural secondary dwelling sizes in the future as part of progression of the draft Rural Land Study. A Planning Proposal would be required at that time to progress an amendment to size controls for secondary dwellings in rural zones.

OPTIONS

Three options for expressing the maximum size of secondary dwellings in rural zones are presented below.

Option 1 – Reinstate the previous 60sqm and 33% controls

Before the recent LEP amendment was imposed, Clause 5.4(9) the HLEP limited the size of secondary dwellings in rural areas to 60 square metres or 33% of the total floor area of the principal dwelling, whichever is the greater.

This option would involve reinstating the previous controls. However, this option is not recommended as the previous controls have been an issue in rural zones in Hornsby for some time. They do not provide the opportunity to develop a reasonably sized secondary dwelling if the principal dwelling is smaller than 500sqm and conversely allow excessively large secondary dwellings on sites with large principal dwellings.

For example, the previous controls allowed a secondary dwelling in Dural of 567sqm as the principal dwelling was 3,900sqm. At 33% the secondary dwelling could have been as large as 1,287sqm. However, owners of a smaller 250sqm rural principal dwelling would be limited to a secondary dwelling of just over 80sqm (excluding car parking).

Option 2 – Apply a new 120 sqm control and re-apply the previous 33% control

Introducing a new floor space numeric control of 120sqm (excluding car parking) and reinstating the previous 33% of the size of the principal dwelling control would benefit people with small to average dwellings in rural areas. However, this option is not recommended as it does not address the development potential for excessively large secondary dwellings on sites with large principal dwellings as per the example above.

Option 3 – Apply a new 120 sqm control and a new 10% control

Introducing a new floor space numeric control of 120 square metres (excluding car parking) and 10% of the size of the principal dwelling control would benefit people with small to average dwellings and ensure large scale secondary dwellings incompatible with the rural character are no longer possible.

The report prepared as part of the draft Rural Lands Study by SGS Economics and Planning Draft Landscape Areas, identifies that most existing rural dwellings in Hornsby Shire have a footprint between 220 and 350sqm. This was based on the roof footprint of dwellings and did not account for the floor area of two storey dwellings. The average sizes indicate that the 120sqm floorspace limit (if introduced) would be the predominant control and that the 10% of the size of the principal dwelling control would only be attractive where the principal dwelling is over 1200sqm in floor area.

It is recommended that Council proceed with Option 3 to express the size limit of secondary dwellings in rural zones to the greater of 120sqm or 10% of the size of the principal dwelling.

Secondary dwellings would continue to be permitted with consent in rural zones. The HLEP and HDCP have additional controls to require consideration of agricultural uses, local character, amenity, environmental or heritage values. They include HDCP provisions for maximum site coverage of all buildings on a rural property as well as requirements regarding design, materials, landscaping and setbacks.

BUDGET

There are no budgetary implications associated with this report.

POLICY

Council is required to advise DPIE of its resolution for the size of secondary dwellings by 30 May 2021 to have its LEP updated. Beyond this date, it would be up to Council to initiate and prepare a planning proposal to reinstate the size controls.

Section 2.2.7 of the HDCP includes controls for secondary dwellings in rural zones, including limits on size to 60sqm or 33% of the total floor area of the principal dwelling, not including parking.

Depending upon the option chosen by Council, amendments to the HDCP would be required to reflect the maximum size of secondary dwellings in rural zones to achieve consistency across Council’s planning controls. Any HDCP amendments would be reported to Council as required.

CONCLUSION

This report seeks Council’s endorsement for an amendment to the HLEP to reinstate a maximum size of secondary dwellings in the rural zones of the Shire and for DPIE to be notified by 30 May 2021 to enable amending legislation to be progressed by the Department.

It is recommended that Council resolve to proceed with Option 3, to establish a maximum secondary dwelling size of the greater of 120 square metres or 10% of the total floor area of the principal dwelling. This option would benefit rural land owners with small principal dwellings and also prevent excessively large secondary dwellings inconsistent with rural character on sites with large principal dwellings.

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:

There are no attachments for this report.

File Reference: F2021/00058

Document Number: D08124951

Deputy General Manager's Report No. IM2/21

Infrastructure and Major Projects Division

Date of Meeting: 14/04/2021

10 DRAFT MASTER PLANS FOR HORNSBY AND WESTLEIGH PARKS

EXECUTIVE SUMMARY

· Council is proposing the delivery of two ambitious projects – Hornsby and Westleigh Parks.

· Draft master plans have been prepared for both parks that propose a wide variety of recreational activities to serve the population of the shire for generations to come. In addition, joining these parks is a proposed connection for walking and cycling.

· It is proposed to seek the views of the community on both master plans through an engagement and consultation strategy on the proposals contained within each master plan.

· Council recognises the need to be financially responsible in the delivery of these projects by planning for their delivery, and the long-term allocation of resources and funding that they will require to fund the operation, maintenance and renewal or replacements of assets as they reach the end of their useful life.

· Given the funding limitations identified within this report Council would need to decide which project it wishes to focus on at this time and messaging developed to reflect this decision. This report recommends that the focus should be on the delivery of Hornsby Park.

RECOMMENDATION

THAT Council:

1. Endorse the public exhibition of the Draft Master Plans for Hornsby and Westleigh Parks for a period of 42 days.

2. Acknowledge that a financially responsible approach requires that the projects be staged commensurate with available funding.

4. Confirm that it wishes to focus on the delivery of Hornsby Park and for this to be expressed in the messaging associated with the public exhibition.

5. Require the results of the public exhibition to be reported to the July General Meeting of Council.

PURPOSE

The purpose of this Report is to outline the content of draft Master Plans for Westleigh and Hornsby Parks and to seek Council’s approval to place these documents on public exhibition for 42 days.

INTRODUCTION

Council has drafted master plans for Hornsby and Westleigh Park that will provide a wide variety of recreational activities to serve the population of the shire for generations to come. This includes a connection between the two parks for walking and cycling.

The creation of both Hornsby and Westleigh Parks is ambitious. Hornsby Park comprises an area of 59 hectares and is situated on the door step of the Hornsby retail and medium/high density residential precincts. Its proportions and dramatic natural beauty offer the opportunity to provide a diversity of activities – something for everyone.

Westleigh Park will be a regional sized multi-purpose sports and recreational destination and is large enough at 36 hectares to provide several sportsgrounds to cater for a range of sporting codes, as well as informal/unstructured exercise areas, playground(s) and bushland experiences.

Council recognises the need to be financially responsible in the delivery of these projects by planning for their delivery and the long-term allocation of resources and funding that they will require for operation costs, maintenance and renewal or replacements of assets as they reach the end of their useful life.

DISCUSSION

The development of Hornsby and Westleigh Parks are projects that Council and the community has expressed a desire to progress. The following sections provide background for each of the projects and outline draft master plans to guide the development of each of these sites.

Hornsby Park

Hornsby Park includes the Crown Land occupied by the Hornsby Aquatic and Leisure Centre, the adjoining quarry site and the lands known as Old Mans Valley. The Park is approximately 59 hectares in size. Hornsby Quarry is the central element of Hornsby Park. It is a former breccia hard rock quarry that was operated by private business from the early 1900s and ceased operation in the late 1990s. In 2002 the site was acquired by Hornsby Shire Council from CSR using funds sourced from a special rate variation. The site is zoned as Local Open Space (RE1) under the 2013 LEP.

Council has for many years been investigating options for the development of the Hornsby Quarry open space lands.

In 2014 Council resolved to support in principle the option of placing limited fill from NorthConnex in Hornsby quarry to achieve a landform best suited to recreation. This followed Council’s consideration of a study that identified the potential of the site to meet both local recreation demand and to become a regional attraction by developing it as parkland that reflects its quarry character.

In 2015 a Plan of Management was adopted that confirmed Council’s intention to retain the quarry within a larger contiguous parcel of parkland to be known as Hornsby Park. The Plan of Management for Hornsby Park seeks to:

· Restore and enhance the unique bushland within the site

· Protect and celebrate its Aboriginal and Non-Aboriginal heritage

· Ensure that the quarry character is retained

· Offer a variety of recreation opportunities including passive, active and adventure recreation

· Provide easy access throughout via a network of walking and bike paths

· Integrate upgraded connections between the park and surrounding area including Hornsby Town Centre, Berowra Valley National Park and local streets and trails

· Cater for the long-term evolution and growth of Hornsby and surrounding communities and populations

· Secure Council’s long-term management and maintenance of the park

In 2016 NorthConnex gained planning approval to place approximately one million cubic metres of fill into the Hornsby quarry void. NorthConnex provided a new permanent road into Old Man’s Valley and commenced placement of fill in the quarry void in 2017 and completed the exercise in mid-2019. The Sydney North Planning Panel subsequently issued an approval for the creation of the final landform for Hornsby Park in November 2020. The earthworks proposed in the 2020 planning approval are scheduled to be completed by the end of 2022 after which the surface improvements will progressively be constructed.

Council has been consulting the community for ideas for Hornsby Park since 2017. To date the community expressed that Hornsby Park needs to be a place of diversity - somewhere you can find quiet places, protected and enhanced bushland, that showcases the dramatic geology, a place a person can find out about the site’s cultural heritage and a place for thrill seeking recreation.

In addition to offering an extraordinary bushland experience and a wide range of popular parkland activities, the site lends itself to hosting local community and regionally attractive events, celebrations and festivals. The prospect of significant future growth in the Hornsby CBD, ideally places Hornsby Park to meet the open space and recreational needs of the current and future population, all within walking distance.

Hornsby Park Draft Master Plan

Council has developed a draft Master Plan (Attachment 1) to guide the provision of a range of recreational improvements envisaged for the park. The draft Master Plan has been informed by several technical studies. The desired uses of Hornsby Park include:

· Vehicle access and circulation – private vehicle and coach access to Old Mans Valley from Peats Ferry Road with shuttle bus or similar access from Old Mans Valley to the Quarry Void. Quarry Road would provide vehicle access to the Crusher Plant.

· Pedestrian and cycle access – path and stair access from old Hornsby Park to Old Mans Valley (incorporating the Depression Steps) linking to a network of trails connecting to the Quarry Void and the Berowra Valley National Park. The potential for an all-access canopy walk entry from Coronation Street along southern face of the Aquatic Centre to Old Mans Valley would create a dramatic arrival experience in the long term and provide a springboard for accessible access throughout the entire site.

· Bushland Restoration –conservation and comprehensive rehabilitation of the park’s bushland to enhance ecological values - including connecting fragmented islands of the rare Blue Gum Diatreme Forest

· Old Mans Valley (OMV) – creation of a major arrival hub for the whole park (including car and coach parking, as well as a potential shuttle connection to the quarry) and a venue for active and passive recreation facilities with a strong focus on meeting local community needs (a sportsground and night training, a space to support events, café, picnic area and district level play space, including specialty water play)

· The Higgins Family Cemetery – restoration of the cemetery with an informal lawn space adjoining and connecting paths to the Quarry Void and the Crusher Plant

· The Quarry Void – establishment of a major parkland oriented to the eastern diatreme wall and including a sweeping all-access path leading to a large event lawn, a major informal recreation lawn fronting a freshwater lake, a wetlands cascade on the southern perimeter and a lakeside amenity building. A major lift on the quarry’s north wall provides pedestrian access to the quarry floor.

· The Crusher Plant –adaptive recreational/cultural re-use of the building and the development of adventure recreation and associated outdoor spaces

· Southwest Platform – long term potential for a more secluded facility close the National Park with options for an educational and/or eco sensitive accommodation focus

· Recreation Opportunities – a wide range of passive and active recreation and leisure opportunities across the park including, walking, bushwalking, cycling, field sports, mountain biking, play, picnicking, kickabout, water activities, climbing and other vertical adventure sports. Cafés and other visitor facilities and amenities would also be available.

· Wayfinding and Interpretation – wayfinding signage and extensive interpretation of the park’s environmental and heritage values

· Integrated Water Management and Treatment – including water collection for reuse, recycling and irrigation while ensuring the site water circulation, lake water treatment (WSUD, Macrophytes) and creek flow and stormwater infrastructure is managed in a sustainable and exemplary manner, which may enable swimming within the void.

Realising the Plan

Due to the size and scale of the works involved, the full vision for Hornsby Park will need to be delivered in a staged manner over a number of years.

Precincts that comprise Old Mans Valley and the Quarry Void form the core character and identity of the park and include those works required to deliver visitors safely to most parts of the park. These areas will include bushland restoration across the site, Old Mans Valley and entry, the Quarry Void and associated access paths and roads, Higgins Cemetery and the Northern Mound. The Park will be functional and viable when these works are completed, however the works in the Crusher Plant Precinct are important for the full realisation of the Park’s potential.

The works in the Crusher Plant and nearby precincts either support Old Mans Valley and the Quarry Void or contain facilities that require a strong existing visitor base that only an established park can generate. The works include the Crusher Plant adaptive-reuse, the Southwest precinct and the Quarry West precinct. It is anticipated that the activities proposed for these precincts will provide opportunities for partnerships between Council and third-party businesses. These works will assist the continued long-term financial viability of the park and bring opportunities for new users and visitors to the park.

Westleigh Park

Westleigh Park is located at 62 Quarter Sessions Road, Westleigh on Lot 101 DP 1217395. The land, comprising 36 hectares is owned by Hornsby Council and is currently zoned (R2) Low Density Residential and Environmental Management (E3) in the Hornsby Local Environmental Plan (LEP) 2013, with adjoining lands zoned as (R2) Low Density Residential or (RE1) Public Recreation.

The Westleigh Park land was formerly owned by Sydney Water and adjoins the Sydney Water Thornleigh Reservoir to the south and is bordered by bushland to the north. Quarter Sessions Road runs along the western frontage of the park with some adjoining residential properties backing on to the site from Kooringal Avenue to the east.

The site comprises both cleared open space (about 10 hectares) and bushland areas, including approximately 10km of unsanctioned mountain bike trails within the bushland areas of the site. The mountain bike trails have existed for many years and were originally built by the mountain biking community whilst the land was in Sydney Water’s ownership.

Council was aware of the mountain bike trails when it purchased the site from Sydney Water in 2016, and in keeping with its reasons for purchasing the site to provide recreational opportunities for the community has undertaken feasibility studies to determine whether a trail network can be retained as one of several potential uses of the site.

Vegetation and biodiversity surveys of the bushland at Westleigh Park has identified significant areas of critically endangered ecological communities (CEEC) and the presence of threatened species. In many cases the existing unsanctioned mountain bike trails pass through these areas. Council has expressed a desire to provide for a wide range of recreational opportunities at Westleigh Park and recognises, while unsanctioned at the site, mountain biking remains popular with the community. Hence, an alternative trail network that attempts to balance the competing priorities for this area by reducing the extent of the trails in the high value bushland areas, keeping trails to the edges and creating additional trails in less sensitive areas has been proposed. During the iterative process of conceptualising an alternative trail network Council has engaged experts in mountain bike trail design and environmental impact assessment. Access to the bushland for walking and other passive nature-based experiences is also proposed within the draft master plan.

The community’s views on the retention of some form of mountain biking in the locality is something that will be sought during the public exhibition process.

Westleigh Park including the bushland does have areas of contamination (asbestos, PFAS and others) on the surface and within the site fill and much of this material is to be treated as solid waste including remnant putrescible material and appropriately contained on the site. A Remedial Action Plan has been prepared to guide the decontamination of the site along with other technical studies and these have been used to inform the proposals in the draft Master Plan. The State Government has undertaken to provide remediation of all PFAS affected areas.

Preferred Draft Master Plan

A series of development options have been developed for Westleigh Park, culminating in a preferred draft Master Plan. This plan integrates the approaches to site remediation and earthworks to facilitate development of recreational facilities having close regard for the environmental values of the site. The draft Master Plan coordinates the various strategies that need to be pursued to optimise the community benefit of the parkland.

The Preferred Draft Master Plan responds in large part to Council’s Sportsground Strategy (2018), which identifies the need for additional sporting facilities to meet current and future needs within the local government area. Opportunities to provide passive recreation and other non-structured recreation activities have also been included in the draft Master Plan, along with a new road that links Quarter Sessions and Sefton Roads. The desired uses for Westleigh Park include:

· Multi-use sporting fields (night lit and irrigated) for various organised sports including a synthetic grass sportsground, athletics track, amenities buildings, grandstands, and maintenance sheds.

· Bushland restoration – conservation and rehabilitation of the park’s bushland to enhance ecological values - including removing or reducing the extent of mountain bike tracks in the existing environmentally sensitive bushland areas.

· Play facilities and provision for active and passive recreation, bushwalking trails, and potentially formalised mountain bike tracks.

· Pedestrian and cycle share ways with links to nearby Ruddock Park.

· Parking areas to service park and all recreation facilities, roads for access and circulation.

The draft Master Plan illustrating the arrangement of various uses is shown at Attachment 2. It is important to note that in-principle support to access the Westleigh Park site through Sydney Water’s Thornleigh reservoir site has been obtained.

Realising the Plan

Due to the size and scale of the works involved, the full vision for Westleigh Park will need to be delivered in a staged manner over a number of years.

Proposed Link between Hornsby and Westleigh Parks

The draft Westleigh Park Master Plan also includes a proposed link between Westleigh and Hornsby Parks. It is anticipated that the link will be provided to coincide with the delivery of the first stage of Hornsby Park. This link will offer another experience to visitors of either park, with it able to be enjoyed by those moving through the Shire on foot or bike.

BUDGET

The State Government has allocated $40,000,000 to creating Westleigh Park and $50,000,000 for the creation of Hornsby Park. The cost to deliver the full scope of works in both draft master plans exceeds the grant funding allocation.

The estimated cost of providing the facilities canvassed in both draft master plans is $80,000,000 for Westleigh Park and $130,000,000 for Hornsby Park based on a conservative contingency of 30%. These costs include investigations, approvals, bulk earthworks and associated decontamination and all works associated with the construction of the actual recreation facilities, including the provision of utilities, access roads and associated intersection upgrades.

In addition to the above budget allocations, there is approximately $35,000,000 of development contributions and grant funds available to spend on the projects leaving a shortfall of $85,000,000. The combined amount of capital money available ($125,000,000) would be insufficient to deliver both projects and so they will need to be delivered in stages as further funding becomes available.

The financial capacity of Council to manage the operational, maintenance and renewal costs of facilities established based on the full scope of works identified in the draft master plans, would not be feasible based on Council’s current financial capacity. Financial analysis by Council has indicated that an amount of ongoing expenditure of $1,400,000 annually could be allocated for this purpose.

The implication of the above is that Council would need to either focus on developing Hornsby Park with minimal development at Westleigh Park or focus on Westleigh Park with minimal development at Hornsby Park. The implication of focusing on one project effectively means for the other project that:

· Approvals, detailed design, decontamination/landform creation, bushland restoration, some access roads/intersection works, walking and mountain bike trails, and other minor works will occur.

· Major surface improvements/embellishments will be deferred until enough funds allow.

Initial investigations have identified that a significant proportion of the surface improvements/ embellishments proposed for each site could be achieved within the limitation posed by the cap on the operational, maintenance and renewal costs.

This report proposes that the NSW Government grants will largely be expended at each of the two sites delivering the investigations/works listed in the first dot point above and that development contributions will be used to deliver the initial, but sizeable stage, of surface improvements/embellishments at Hornsby Park.

CONSULTATION

The engagement and consultation strategy will seek views from a wide cross section of the community on the proposals contained in each draft master plan.

Given the funding limitations identified within the Budget section of this report, Council would also need to decide what project it wishes to focus on at this time and messaging would need to be developed to reflect this decision.

An examination of the two projects based on Strategic Alignment, Community Appeal, Sustainability, Economic Development and Risk (Attachment 3) suggests that Hornsby Park would rank higher than the Westleigh Park project.

Hornsby Park is a special site that is attractive to a wider range of people, given the distinctness of its landscape and the diversity of attractions it could provide to Hornsby residents, the broader community from across Sydney and tourists from further afield. It has achieved strong political support from State and Federal governments, as reflected in their support of the NorthConnex works and the current capital funding. It has strong community support as found in community consultations and evidenced in the hornsbypark.com.au website. This support is derived from its potential to provide adventure recreation that builds on the mountain biking and expands to include more adventurous recreation opportunities such as zip lines. There is also the opportunity to include boutique accommodation that along with adventure recreation would be income generating. It would be a large attractive parkland with play, sport and walking/cycling opportunities and a gateway and introduction to the adjoining National Park. It can accommodate sport facilities for local clubs where population growth is occurring. It has a superior access to a wider demographic range of community, given its access to public transport and proximity to Hornsby Town Centre and the high-density populations of Waitara, Hornsby and Asquith. The nearby apartment dwellers have a greater need to access diverse and interesting recreation opportunities given their diversity of age and limited availability of outdoor space. It has potential revenue return from leases associated with the adventure recreation pursuits, food and beverage provision and sporting uses. It provides a significant opportunity to enhance, restore and/or revegetate 30 hectares of degraded ecologically significant vegetation communities and provide for re-use of good quality ground water. Lastly Hornsby Park will be delivering an asset that may reasonably be expected by residents in response to the $26m special rate they paid to purchase the Quarry land.

Westleigh Park is essentially a single use sporting facility that is relatively remote and less accessible. While it can accommodate passive or unstructured recreation opportunities these will not be as diverse as the opportunities provided at Hornsby Park. It will enable about 10 hectares of good quality ecologically significant vegetation communities to be enhanced. Unlike Hornsby Park, there is opportunity, in the short term, to increase the capacity of existing sportsgrounds until there are sufficient funds to develop Westleigh Park.

It is proposed that the Draft Master Plans will be publicly exhibited concurrently for a period of 42 days. Notification of the public exhibition would be through the following channels:

· Advertisement on Council’s website – Have Your Say

· Council’s eNewsletter – April edition

· Social Media (Facebook, LinkedIn and Localised)

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

In addition, there will be:

· Online and telephone surveys

· Site tours for adjoining residents

· Stakeholder meetings

· Outreach to schools and TAFE

· Swing by sessions

POLICY

There are no policy implications associated with this Report.

CONCLUSION

The draft Master Plans for Westleigh and Hornsby Parks build on previous consultation/ investigations carried out during the term of the current Council. The community provided some high-level ideas on what they wanted to see, do and experience at Hornsby Park and helped set the principles to guide development of the draft Master Plan. The opportunities to be provided at Westleigh Park were largely informed by the Hornsby Sportsground Strategy (2018) and local community expression of ideas through Ward councillors.

A financially responsible approach requires that the projects be staged commensurate with available funding. The estimated cost of both projects and more importantly Council’s ability to cover operational, maintenance and renewal costs means that whilst both sites will be significantly progressed there will be a need to prioritise the progression of one project. It is recommended that that project is Hornsby Park.

The implication of focusing on one project effectively means for the other project that approvals, detailed design, decontamination/landform creation, bushland restoration, some access roads/intersection works, walking and mountain bike trails, and other minor works will occur. Major surface improvements/embellishments will be deferred until enough funds allow.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Deputy General Manager – Bob Stephens - who can be contacted on 9847 6665

Stephen Fedorow

Director - Community and Environment

Community and Environment Division

Robert Stephens

Deputy General Manager - Infrastructure and Major Projects

Infrastructure and Major Projects Division

Attachments:

1.	Attachment 1 - Hornsby Park Master Plan Executive Summary
2.	Attachment 2 - Westleigh Park Master Plan
3.	Attachment 3 - Westleigh Hornsby Parks - Evaluation against criteria

File Reference: F2016/00295-003

Document Number: D08131085

Notice of Motion No. NOM1/21

Date of Meeting: 14/04/2021

12 HORNSBY SHIRE'S NATIVE WILDLIFE

Council at its meeting on 10 March 2021 resolved that the matter be deferred to the meeting to be held on 14 April 2021.

COUNCILLOR Heyde To Move

That Council:

1. Note that Hornsby Shire is characterised by its unique bushland and diverse range of native wildlife.

2. Note that thirty-one Wildlife Protection Areas have been designated by Council to help preserve our region's unique biodiversity.

3. Note that residents can help our wildlife thrive by keeping cats contained within their own property and by keeping them inside at night.

4. Recognise the essential role that volunteer wildlife rescuers and carers play in treating, rehabilitating, rehoming and advocating for our local wildlife.

5. Council formally thank our volunteer wildlife rescuers for their work within Hornsby and across the state acknowledging their ongoing commitment and expertise.

Note from Councillor

In recognition of World Wildlife Day on 3 March 2021 it is important to highlight the pressures faced by native wildlife across the Shire.

Hornsby Shire is characterised by its unique bushland and diverse range of native wildlife. There are over 388 species of mammals, birds and reptiles and over 1,000 different plant species known to occur in the local bushland, and there have been recent sightings of koalas at Berrilee, Cowan and Brooklyn.

Hornsby Shire’s unburnt bushland provides a precious refuge in the Northern Sydney area for native fauna after the 2019-2020 bushfires which killed or displaced an estimated 3 billion koalas, kangaroos and other animals across the nation (Australia’s 2019-2020 Bushfires: The Wildlife Toll, WWF 2020).

Council’s commitment to reducing greenhouse gas emissions is in part a recognition that rising temperatures and the consequent risk of natural disasters such as bushfires are a serious threat to our bushland and native wildlife.

Council’s draft Biodiversity Conservation Strategy identifies the need for protection, preservation and enhancement of habitat in our Shire through compliance, education, planning, citizen science, monitoring and habitat restoration activities in conjunction with land managers and local residents.

Council has also established 31 Wildlife Protection Areas (WPAs) in bushland reserves to conserve the unique biodiversity of the region. WPAs increase community awareness of our local wildlife and encourage responsible pet ownership - cats are prohibited from entering a WPA and dogs must be on a leash at all times and remain on established tracks when in a WPA.

Wildlife Protection Areas include:

Arcadia

· Arcadia Park Bushland Reserve

· Carrs Bush Conservation Reserve

Berowra Heights

· Berowra Park Conservation Reserve

Berowra Waters

· Furber Park Bushland Reserve

Brooklyn

· Brooklyn Park Conservation Reserve

· McKell Park Bushland Reserve

Cherrybrook

· Callicoma Conservation Reserve

· Cherrybrook Lakes Conservation Reserve

· McKinley Place Conservation Reserve

Cherrybrook/Castle Hill

· Erlestoke Park

· Upper Pyes Creek Conservation Reserve

Cherrybrook/Dural

· Lower Pyes Creek Bushland Reserve

Dural

· James Henty Park Bushland Reserve

Galston

· Galston Bushland Reserve

· Galston Gorge Conservation Reserve

Hornsby

· Florence Cotton Bushland Reserve

· Hornsby Park Conservation Reserve

Hornsby Heights

· Rofe Park Bushland Reserve

Hornsby/Westleigh

· Dog Pound Creek Conservation Reserve

Middle Dural

· Forsters Bushland Reserve

Mt Kuring-gai

· Mt Kuring-gai Park Bushland Reserve

Normanhurst

· Waitara Creek Conservation Reserve

Pennant Hills

· Azalea Grove Conservation Reserve

· Britannia Street Conservation Reserve

· Pennant Hills Park Conservation Reserve

Thornleigh

· Larool Creek Bushland Reserve

Westleigh

· Corang Road Bushland Reserve

West Pennant Hills

· Walumeda Reserve

· New Farm Road Conservation Reserve

Wisemans Ferry

· Singleton Mill Bushland Reserve

· Wisemans Ferry Lookout Bushland Reserve

All of our volunteers are very special people and it is appropriate that in this motion we seek to formally acknowledge their efforts and ongoing commitment to sustaining our biodiversity. This acknowledgement could take place through the Mayors various weekly columns, our Facebook and social media platforms and Council newsletters.

Attachments:

There are no attachments for this report.

File Reference: F2004/09257-02

Document Number: D08115111