HSC_100K_NEW

 

 

BUSINESS PAPER

 

General Meeting

 

Wednesday 9 June 2021

at 6:30PM

 

 

 

 


Hornsby Shire Council                                                                                           Table of Contents

Page 1

 

TABLE OF CONTENTS

 

AGENDA AND SUMMARY OF RECOMMENDATIONS

Rescission Motions

Mayoral Minutes  

ITEMS PASSED BY EXCEPTION / CALL FOR SPEAKERS ON AGENDA ITEMS

GENERAL BUSINESS

Office of the General Manager

Item 1     GM24/21 Electricity Procurement................................................................................. 1

Item 2     GM25/21 Adoption of Council's 2021-2022 Delivery Program including the Operational Plan 2021/22 (Incorporating the Budget, Rating Structure and Fees and Charges)................. 6

Corporate Support Division

Item 3     CS29/21 Debts to be Written Off - 2020/21 Financial Year........................................... 13

Item 4     CS30/21 Local Government Remuneration Tribunal - 2021 Report and Determination - Mayor and Councillor Fees - 2021/22 Financial Year............................................................. 16

Item 5     CS31/21 Investments and Borrowings for 2020/2021 - Status for Period Ending 30 April 2021................................................................................................................................ 20

Community and Environment Division

Item 6     CE9/21 Waitara Park Plan of Management................................................................. 23

Item 7     CE12/21 Report on Submissions - Draft Off-leash Dog Park Strategy........................... 27

Planning and Compliance Division

Item 8     PC11/21 Hornsby Local Planning Panel - Appointment of Expert Panel Members......... 38

Infrastructure and Major Projects Division

Nil

Confidential Items

Item 9     GM23/21 Renewable Energy Proposal  

PUBLIC FORUM – NON-AGENDA ITEMS

Questions on Notice

Mayor's Notes

Item 10   MN5/21 Mayor's Notes from 01 May - 31 May 2021.................................................... 42

Notices of Motion

Item 11   NOM2/21 Galston Public Domain Project.................................................................... 43

Item 12   NOM3/21 Pacific Highway Between Cowan and Brooklyn............................................ 45

SUPPLEMENTARY AGENDA

MATTERS OF URGENCY 

 


Hornsby Shire Council                                                   Agenda and Summary of Recommendations

Page 1

 

AGENDA AND SUMMARY OF RECOMMENDATIONS

 

PRESENT

NATIONAL ANTHEM

OPENING PRAYER/S

Father Stephen Wayoyi from St Agatha’s Catholic Church, Pennant Hills will open the 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 12 May, 2021 be confirmed; a copy having been distributed to all Councillors.

THAT the Minutes of the Extraordinary General Meeting held on 19 May, 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          GM24/21 Electricity Procurement

 

RECOMMENDATION

THAT:

1.         Council delegate authority to the General Manager to enter into contracts with the preferred electricity retailer(s) in respect of the Program for Energy and Environmental Risk Solutions (PEERS 3) after the receipt of recommendations from Southern Sydney Regional Organisations of Councils Inc (SSROC) Procurement Evaluation Panel.

2.         The General Manager seek to procure up to 100% renewable energy in accordance with the principles of financial sustainability and carbon reduction as detailed in General Manager’s Report No. GM24/21.

 

Page Number 6

Item 2          GM25/21 Adoption of Council's 2021-2022 Delivery Program including the Operational Plan 2021/22 (Incorporating the Budget, Rating Structure and Fees and Charges)

 

RECOMMENDATION

THAT:

1.         Council note the responses provided in Table 1A to the public submissions received during the exhibition of the draft 2021-2022 Delivery Program and Operational Plan 2021/22.

2.         Subject to incorporation of the recommendations detailed in the Budget section, and Table 1A and Table 1B attachments, of General Manager’s Report No. GM25/21, Council adopt the 2021-2022 Delivery Program and Operational Plan 2021/22 (which incorporates the Budget, Fees and Charges and Rating Structure for 2021/22).

3.         Council make and levy the 2021/22 Ordinary Rates on all rateable land in the Shire in accordance with Table 2 of General Manager’s Report No. GM25/21.

4.         Council make and levy the 2021/22 Catchments Remediation Rate on all rateable land in the Shire in accordance with Table 3 of General Manager’s Report No. GM25/21.

 

Corporate Support Division

Page Number 13

Item 3          CS29/21 Debts to be Written Off - 2020/21 Financial Year

 

RECOMMENDATION

THAT for 2020/21, and in accordance with Clause 213 of the Local Government (General) Regulation, Council:

1.         Write off debts considered bad totalling $2,854 (as detailed in Schedule A attached to Director’s Report No. CS29/21).

2.         Note debts considered bad totalling $13,320 written off under the General Manager’s delegated authority (as detailed in Schedule B attached to Director’s Report No. CS29/21).

 

Page Number 16

Item 4          CS30/21 Local Government Remuneration Tribunal - 2021 Report and Determination - Mayor and Councillor Fees - 2021/22 Financial Year

 

RECOMMENDATION

THAT:

1.         As a consequence of the 2021 Report and Determination of the Local Government Remuneration Tribunal, Council note that it remains in the Metropolitan Medium Category of NSW councils for the period 1 July 2021 to 30 June 2022.

2.         In accordance with Section 248 of the Local Government Act and having considered the 2021 Report and Determination of the Local Government Remuneration Tribunal, an annual fee of $26,310 be paid to each Councillor for the period 1 July 2021 to 30 June 2022.

3.         In accordance with Section 249 of the Local Government Act and having considered the 2021 Report and Determination of the Local Government Remuneration Tribunal, an additional annual fee of $69,900 be paid to the Mayor for the period 1 July 2021 to 30 June 2022.

 

Page Number 20

Item 5          CS31/21 Investments and Borrowings for 2020/2021 - Status for Period Ending 30 April 2021

 

RECOMMENDATION

THAT the contents of Director’s Report No. CS31/21 be received and noted.

 

Community and Environment Division

Page Number 23

Item 6          CE9/21 Waitara Park Plan of Management

 

RECOMMENDATION

THAT Council:

1.         Note the findings of the Public Hearing attached to Director’s Report No. CE9/21.

2.         Adopt the amended Draft Plan of Management for Waitara Park attached to Director’s Report No. CE9/21.

3.         Provide public notice of the adoption of the Plan of Management.

 

Page Number 27

Item 7          CE12/21 Report on Submissions - Draft Off-leash Dog Park Strategy

 

RECOMMENDATION

THAT:

1.         Council adopt the amended Off-Leash Dog Park Strategy attached to Directors Report No. CE12/21.

2.         Information regarding the finalised Off-Leash Dog Park Strategy be sent to all the participating named individuals from the consultation process, so they can see the outcome of the feedback they provided.

 

Planning and Compliance Division

Page Number 38

Item 8          PC11/21 Hornsby Local Planning Panel - Appointment of Expert Panel Members

 

RECOMMENDATION

THAT:

1.         Council appoint the following expert panel members to the Hornsby Local Planning Panel: Ms Juliet Grant; Ms Linda McClure; Mr Garry Fielding; Mr Steven Layman; Ms Mary-Lynne Taylor; Mr Scott Barwick and Ms Alison McCabe.

2.         The expert members be appointed for the term until 29 February 2024.

3.         Council advise the Planning Panels Secretariat at the Department of Planning, Industry and Environment in writing of the appointments to the Hornsby Local Planning Panel.

 

Infrastructure and Major Projects Division

Nil

Confidential Items

Item 9          GM23/21 Renewable Energy Proposal

 

This report should be dealt with in confidential session, under Section 10A (2) (c) of the Local Government Act, 1993. This report contains information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business.

  

PUBLIC FORUM – NON-AGENDA ITEMS

Questions on Notice

Mayor's Notes

Page Number 42

Item 10        MN5/21 Mayor's Notes from 01 May - 31 May 2021

Notices of Motion

Page Number 43

Item 11        NOM2/21 Galston Public Domain Project

 

COUNCILLOR Del Gallego To Move

THAT:

1.         The $7.1 million Galston Public Domain project as identified in the Long-Term Financial Plan be placed on hold and incur no further expenditure.

2.         An informal workshop be organised after the 2021 Council elections to discuss and review the Galston Public Domain project scope, with options provided by staff, to achieve significant savings to the current forecast expenditure of $7.1 million whilst still delivering meaningful works.

3.         Any significant savings achieved by amending the Galston Public Domain project scope be considered for re-allocation to other urgent projects or asset management priorities in the development of a revised Long-Term Financial Plan.

 

Page Number 45

Item 12        NOM3/21 Pacific Highway Between Cowan and Brooklyn

 

COUNCILLOR Tilbury To Move

That Council:

1.         Acknowledge the serious accidents and the unacceptable impacts on residents from noisy and dangerous behaviours of motorcyclists and drivers along the stretch of the Pacific Highway between Cowan and Brooklyn.

2.         In addition to the Secretary of Transport for NSW, write to the Minister for Transport, local state and federal Members of Parliament seeking a Road Safety Review of the stretch of the Pacific Highway between Cowan and Brooklyn and the implementation of corrective actions

     

SUPPLEMENTARY AGENDA

MATTERS OF URGENCY 

 


 


 

General Manager's Report No. GM24/21

Office of the General Manager

Date of Meeting: 9/06/2021

 

1        ELECTRICITY PROCUREMENT   

 

 

EXECUTIVE SUMMARY

·              Council’s electricity contracts for Small Sites, Large Sites and Street Lighting is due to expire on 31 December 2021.  Consequently, Council needs to enter into new contract arrangements. 

·              Council has two policy objectives to consider when reviewing the electricity contracts.  Council’s emission reduction target of net zero emissions by 2050 and the financial viability of Council in accordance with the Long-Term Financial Plan.

·              In April 2021, Council signed an MoU with Southern Sydney Regional Organisation of Councils (SSROC) to participate in the Program for Energy and Environmental Risk Solutions 3 (PEERS 3).

·              To be able to execute the contracts Council is required to put in place suitable delegation arrangements such that agreed contracts can be executed within the period nominated by the preferred tenderer(s), which may be as short as 24 hours.

 

RECOMMENDATION

THAT:

1.         Council delegate authority to the General Manager to enter into contracts with the preferred electricity retailer(s) in respect of the Program for Energy and Environmental Risk Solutions (PEERS 3) after the receipt of recommendations from Southern Sydney Regional Organisations of Councils Inc (SSROC) Procurement Evaluation Panel.

2.         The General Manager seek to procure up to 100% renewable energy in accordance with the principles of financial sustainability and carbon reduction as detailed in General Manager’s Report No. GM24/21.

 


PURPOSE

The purpose of this Report is to seek Council delegation for the General Manager to enter into electricity contracts for Council Small Sites, Large Sites and Street Lighting that are required to commence on 1 January 2022.

BACKGROUND

Council electricity contracts for Small Sites, Large Sites and Street Lighting is due to expire on 31 December 2021.  Consequently, Council needs to enter into new contract arrangements.

In the past, Council has gone to market as a collective with Local Government Procurement or with the Southern Sydney Regional Organisation of Councils (SSROC).  To enhance Council’s buying power, Council will again join with several other NSW councils in the SSROC PEERS 3 program.

The PEERS 3 program offers the opportunity to enter into a retail electricity contract that includes electricity for large market sites (including street lighting), small market sites, feed-in tariffs for solar installations and a Power Purchase Agreement (PPA) for large scale renewable energy supply. 

DISCUSSION

Council has two policy objectives to consider when reviewing the electricity contracts.  Council’s emission reduction target of net zero emissions by 2050 and the financial viability of Council in accordance with the Long-Term Financial Plan.

Council’s consumption of electricity produces approximately 7,000 tonnes of CO2-e­ each year.  Council’s emissions are trending down slowly (as seen in graph 1 below) through the implementation of small-scale energy efficiency and renewable energy technology; however, a large investment / action is required to significantly reduce our emissions and reach our target of 32% reduction on 2018 levels by 2025. 

Graph 1: Hornsby Shire Council Corporate Emissions and 2025 Emission Target

As part of the development of the Climate Wise Hornsby Plan an assessment was undertaken on pathways to achieve (significant reductions) in electricity generated emissions. Options available to Council include:

·              Procurement of renewable electricity – estimated to reduce emissions by around 7000 tonnes CO2e at an anticipated cost of $0-$150K per annum.

·              Installation of solar panels – estimated to reduce emissions by around 1000 tonnes CO2e at a capital cost of $790K plus ongoing maintenance costs.

·              Installation of LED street lighting on main roads – estimated to reduce emissions by around 1054 tonnes CO2e at a capital cost of $1.6million.

·              Purchase offsets for electricity consumption – estimated to offset 7000 tonnes CO2e at an anticipated cost of $280K per annum.

As 63% of Council’s carbon emissions comes from electricity consumption, an opportunity exists with the next electricity contract to potentially source renewable electricity and reduce Council’s carbon emissions.  Four options were assessed and include:

Option

Procurement

Targets

Option 1

Purchase 100% renewable energy within available budget

Meets 2025 target and 2030 target

Option 2

Purchase 50% renewable energy within available budget

Meets 2025 target but not 2030 target

Option 3

Purchase black electricity. Any money left over maximise % of renewable energy within available budget

May not meet target

Option 4

Purchase black electricity

Will not meet targets

 

Option 1 – Purchase 100% renewable energy within available budget is recommended.

Current advice suggests 100% renewable energy is achievable within available budgets, but this is not certain until tenders are received. Should Council purchase renewable energy and retire the associated Large-Scale Generation Certificates, Council would be able to reach its emission reduction targets for 2025 and 2030 (as seen in graph 2).

Graph 2: Emission Reduction Targets for Corporate Emission Levels

To be able to execute new electricity contracts Council is required to put in place suitable delegation arrangements such that agreed contracts can be executed within the period nominated by the preferred tenderer(s), which may be as short as 24 hours. Short validity pricing enables lower electricity rates as suppliers take a shorter market risk whilst the offer is open for acceptance. 

The General Manager will exercise these delegations in alignment with the following principles:

·              Financial feasibility:  The proportion of renewables will depend on the offerings available from suppliers and the associated cost.  100% renewable electricity will be procured if the associated cost is within Council’s current budget allocation, with the option of scaling down the percentage to fit within budget constraints if required.  The General Manager will notify Councillors when associated costs are known and advise whether it has been possible to procure 100% renewable electricity.

·              Carbon reduction: Council has resolved to become carbon neutral by 2050 with an interim target of 32% reduction on 2018 levels by 2025. The General Manager will aim for 100% renewables as far as possible in this contract.

CONSULTATION 

In the preparation of this Report there was consultation with SSROC and David West from Sourced Energy (an independent energy expert). The proposed approach has been presented to and discussed with Councillors in informal workshops.

BUDGET

Council’s annual electricity contracts total approximately $2 million each year. The National Electricity Market continues to experience volatile pricing, and pricing trends are unstable.  By executing the contract within the period nominated by the preferred tenderer, which may be as short as 24 hours, lower electricity rates may be achieved, as suppliers take a shorter market risk whilst the offer is open for acceptance. 

Due to the volatility of the market Council is unable to forecast the impact on the budget.  However, the PEERS risk-management approach allows Council to assert some control over Council’s exposure to this market.  This report sets out the principles to reach Council’s emission reduction targets within a financially responsible decision-making framework.

POLICY

The execution of electricity contracts will be undertaken with consideration to the Long-Term Financial Plan and emission reduction target of net zero emissions by 2050 outlined in the Climate Wise Hornsby Plan. 

CONCLUSION

Council is required to enter into a new electricity contract by 1 January 2022.  The SSROC Program for Energy and Environmental Risk Solutions 3 (PEERS 3) offers financial and risk management, environmental and contractual benefits and is believed to be the best option to go to market for competitive retail electricity rates. 

Combining the electricity loads of a group of councils, SSROC will achieve enough demand to be considered as an industrial-scale consumer, and therefore attract the benefits that large consumers receive such as competitive pricing and dedicated customer service.

RESPONSIBLE OFFICER

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

 

 

 

 

Louise Gee

Manager - Strategy and Place

Office of the General Manager

 

 

 

Steven Head

General Manager

Office of the General Manager

 

 

 

 

Attachments:

There are no attachments for this report.

 

 

File Reference:           F2008/00466-003

Document Number:     D08162677

 


 

General Manager's Report No. GM25/21

Office of the General Manager

Date of Meeting: 9/06/2021

 

2        ADOPTION OF COUNCIL'S 2021-2022 DELIVERY PROGRAM INCLUDING THE OPERATIONAL PLAN 2021/22 (INCORPORATING THE BUDGET, RATING STRUCTURE AND FEES AND CHARGES)   

 

 

EXECUTIVE SUMMARY

·              Council’s 2021-2022 Delivery Program and Operational Plan 2021/22 (which incorporates the Budget, Rating Structure and Fees and Charges for 2021/22) were adopted for public exhibition at the 14 April 2021 General Meeting.

·              Eighty-nine submissions were received during the formal exhibition period.  All 89 submissions are summarised in the attached Table 1A. Each of the submissions has been reviewed by appropriate Council staff and minor amendments to the publicly exhibited documents are recommended.

·              It is noted that Table 1B contains a summary of administrative changes requested by internal Divisions of Council.

·              Amendments to the exhibited draft 2021-2022 Delivery Program and Operational Plan 2021/22 include revision of some Key Initiatives and Performance Measures in Services 2C., 2D. and 2E.

·              Commentary on known budgetary impacts and their application to the final 2021-2022 Delivery Program and Operational Plan 2021/22 are contained in the Budget section of this Report.

 

RECOMMENDATION

THAT:

1.         Council note the responses provided in Table 1A to the public submissions received during the exhibition of the draft 2021-2022 Delivery Program and Operational Plan 2021/22.

2.         Subject to incorporation of the recommendations detailed in the Budget section, and Table 1A and Table 1B attachments, of General Manager’s Report No. GM25/21, Council adopt the 2021-2022 Delivery Program and Operational Plan 2021/22 (which incorporates the Budget, Fees and Charges and Rating Structure for 2021/22).

3.         Council make and levy the 2021/22 Ordinary Rates on all rateable land in the Shire in accordance with Table 2 of General Manager’s Report No. GM25/21.

4.         Council make and levy the 2021/22 Catchments Remediation Rate on all rateable land in the Shire in accordance with Table 3 of General Manager’s Report No. GM25/21.

 


PURPOSE

The purpose of this Report is to provide Council with information and recommendations regarding the submissions received in respect of the public exhibition of the 2021-2022 Delivery Program and Operational Plan 2021/22 (which incorporates the Budget, Fees and Charges and Rating Structure for 2021/22).

BACKGROUND

By 30 June in the year following local government elections, all councils are required to develop a 10-year community strategic plan, a four-year delivery program and a one-year operational plan aligned to an integrated planning framework.  The purpose is to identify the main priorities and aspirations for the future of the area and the resources required to move to the preferred future. The delivery program and operational plan are required to be reviewed on an annual basis.

Your Vision | Your Future 2028, Hornsby Shire Council’s current 10-year Community Strategic Plan, was endorsed on 13 June 2018 together with a Delivery Program for 2018-21 and a 2018/19 Operational Plan. Subsequent Delivery Programs including their annual Operational Plans for 2019/20 and 2020/21 were adopted on 12 June 2019 and 10 June 2020 respectively, and this latest review process will result in the adoption of the 2021-2022 Delivery Program and Operational Plan 2021/22.

Due to the COVID-19 pandemic, the Minister for Local Government announced the postponement of the September 2020 Local Government Elections, thereby extending the Council term (refer OLG Circular 20-10 / 25 March 2020) and the existing Delivery Program for a further 12 months (refer OLG Circular 20-15 / 1 May 2020). 

At the General Meeting held on 14 April 2021, Council considered General Manager’s Report No. GM16/21 and resolved that:

1.         Council 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 the documents available for public comment from 15 April to 17 May 2021.

2.         Council 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.

DISCUSSION

Consultation on the Documents

During the exhibition period from 15 April 2021 to 17 May 2021, the draft 2021-2022 Delivery Program including the draft Operational Plan 2021/22 and Fees and Charges 2021/22 were on display at the Council Chambers reception area (296 Peats Ferry Road, Hornsby) and four libraries and were available electronically on the Have your Say page of Council’s website.

Notice of the exhibition was included in advertisements placed in four local newspapers, an eNewsletter sent in April to the regular database of 30,000 subscribers and a further 90 community organisations, and in the May eNewsletter sent to 30,000 subscribers, as well as Facebook posts.

Submissions

Eighty-nine submissions were received during the formal exhibition period.  The main themes (and related issues) outlined in the submissions were:

·              Information about Council and its decisions is clear and accessible

o     Requesting further detail on financial reporting, fees and charges, key initiatives and performance measures

·              Infrastructure meets the needs of the population

o     Requesting more funds be expended in Beecroft/Cheltenham area

o     Requesting an upgrade to Hornsby Dog Park

o     Requesting water playground for Warrina Street, Berowra

o     Requesting more infrastructure at Mount Colah – park, supermarket and lifts in railway station

o     Supporting the Hornsby Water Sculpture funding

o     Requesting further funding in Glenorie, e.g. Cairnes Road Playground

o     Supporting proposed infrastructure at North Epping

o     Requesting car park and road resurfacing, and landscaping at Mills Park Tennis Centre, Mills Park sports fields and Berowra Tennis Centre

·              The area feels safe

o     Requesting plans make provision for faded street signs, particularly in Westleigh

o     Resurfacing required on York Street leading into Chilworth Reserve, Beecroft

o     Requesting more focus on Mount Kuring-gai – roads, kerbsides and footpaths not maintained

o     Requesting long term solution to Cobah Road, Arcadia (multiple submissions)

o     Requesting backlog of road repairs be addressed in Ward A

·              People have good opportunities to participate in community life

o     Requesting Council recognise the value of charities to the community and not apply any increase in hire fees for non-profit charity organisations

·              The local surroundings are protected and enhanced

o     Weeds, including lantana, encroaching on private property from Council land and dangerous retaining wall

·              The road / path network provides for efficient vehicle and pedestrian flows

o     Plans to widen New Line Road, Cherrybrook at Pyes Creek Crossing

o     Requesting a footpath for Cavendish Street, Pennant Hills

o     Requesting a concrete path and reduced speed limit at Ingram Road, Wahroonga

o     Requesting provision of more bike paths

o     Requesting footpaths in North Epping

A summary of each of the submissions is included in the attached Table 1A, with Staff recommendations / feedback shown in italics. A revision has been undertaken of Key Initiatives and Performance Measures in Services 2C., 2D. and 2E. and major recommended amendments are summarised in Table 1B. To enhance reporting on outcomes, further Performance Measures have been added and minor updates to wording, correction of assigned Performance Measures and renumbering to accommodate changes made. A minor text addition to the Fees and Charges 2021/22 document is also summarised in Table 1B.

It is noted that, during the exhibition period, there were further minor changes suggested by Council staff to improve clarity of the information contained in the documents. Those changes have been incorporated in the final versions of the documents. 

Many of the Key Initiatives in the 2021–2022 Delivery Program were identified in strategies that have been exhibited to the community and adopted by Council in 2020/21.  These strategies include Sustainable Hornsby 2040 strategies (incorporating Biodiversity Conservation Strategy, Water Sensitive Hornsby Strategy, Climate Wise Hornsby Plan, Urban Forest Strategy, Waste Matters Strategy and draft Walking and Cycling Plan), Local Strategic Planning Statement, Comprehensive Heritage Study, Economic Development and Tourism Strategy and Asset Management and Prioritisation workshops. One hundred and ten of the 191 Key Initiatives included have been identified through these recently adopted strategies.

Rates Structure

The rates structure included in the draft 2021-2022 Delivery Program and Operational Plan 2021/22 was based on the general increase determined by IPART, i.e. a 2.0% increase to apply to the Ordinary and Catchments Remediation Rates.

The Ordinary and Catchments Remediation Rates tables (Tables 2 and 3 below) have been updated to take into account adjustments due to re-categorisation of properties and supplementary rates received since exhibition. This has affected the ‘Rate in the $ (based on land value)’, ‘% of Total Rate’, ‘Yield $’ columns and the overall totals, increasing the total rates to be levied to $74,028,595.

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 calculation of the 2020/21 and 2021/22 financial year rates and will continue to be used for the 2022/23 financial year.

Table 2 – Ordinary Rates

Category

Rate in the $ (based on land value)

Minimum Rate ($)

Base Amount ($)

Base Amount (%)

% of Total Rate

Yield ($)

Residential

0.102876

 

$582

49%

87.16%

61,450,784

Farmland

0.086119

 

$582

29%

0.88%

620,430

Business

0.352569

$611

 

 

6.75%

4,758,981

Business (Hornsby CBD)

0.476747

$611

 

 

3.44%

2,425,318

Business (Shopping Centre)

1.424409

 

 

 

1.77%

1,247,911

Total

 

 

 

 

 

70,503,424

 

Table 3 – Catchments Remediation Rate

(N.B. There are no minimum or base amounts in respect of this rate)

Category

Rate in the $ (based on land value)

Yield ($)

Residential

0.010096

3,072,539

Farmland

0.006096

31,022

Business

0.018939

237,949

Business (Hornsby CBD)

0.024039

121,265

Business (Shopping Centre)

0.071220

62,396

Total

 

3,525,171

 

Total Rates to be Levied         $74,028,595

Rate Reductions for Eligible Pensioners

Eligible pensioners across NSW are entitled to a $250 reduction in the ordinary rates and domestic waste management services. Details regarding the pensioner rebate are available in the Rating Information section of the 2021-2022 Delivery Program and Operational Plan 2021/22.

CONSULTATION

Council engaged its community in discussing a preferred future for the Shire which resulted in Council’s first Community Strategic Plan being adopted in 2010. The 2021-2022 Delivery Program and Operational Plan 2021/22 (which incorporates the Budget, Fees and Charges and Rating Structure for 2021/22) respond to the current Community Strategic Plan, Your Vision | Your Future 2028, as well as a significant number of new strategies adopted by Council in 2020/21 and have been prepared after detailed discussions with relevant staff, consideration by Council and public exhibition of draft proposals. Notification of the public exhibition period included eNewsletter, Facebook, the Have your Say page on Council’s website and print advertisements in local publications. It is noted that Councillors received a briefing on the contents of the draft documents on 24 March and 26 May 2021 and draft documents were placed on public exhibition from 15 April to 17 May 2021.

BUDGET

The publicly displayed draft Budget for 2021/22 included an estimated surplus of $1.392 million and was developed in line with Council’s Long-Term Financial Plan (LTFP) parameters which had a focus on the continuance of current service levels and some additional priorities identified by Councillors above recurrent allocations.

As noted in General Manager’s Report No. GM16/21 (considered at the 14 April 2021 General Meeting) the budgeted cash surplus of $1.392 million was $100K below that forecasted in the revised LTFP of $1.492 million. Two additional expenditure requests considered by Councillors for inclusion into the 2021/22 Annual Budget were subject to the potential identification of savings during the exhibition period: The two additional requests were:

·              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. The achievement of this initiative is largely dependent upon the financial contribution from NSW Rural Fire Service. 

·              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.

During the exhibition period, service reviews were undertaken of the Financial Services Branch, Information & Technology Branch and the Land & Property Services Branch within the Corporate Support Division. The outcome from these service reviews identified a range of efficiencies that will enable improved service provision in the areas of asset management, financial governance, strategic property management, cyber security and business transformation. In addition to improved service provision, an amount of $92K was identified as recurrent net labour savings that were applied to fund the two additional expenditure requests stated above.

The savings identified are enough to fund the additional expenditure requests, which have been added to the Annual Budget and Operational Plan 2021/22. The net impact of the additional expenditure requests and savings identified is an increase to the revised forecast surplus from $1.392 million to $1.397 million. The surplus is satisfactory to enable Council to respond to budget shocks that may occur over the financial year. This often includes natural disasters such as storm events, infrastructure deterioration and/or capital project increases.

POLICY

The Delivery Program is Council’s principal instruction to the organisation and the underlying annual Operational Plans allocate resources and contain the detail on what will be done to implement the Delivery Program.

CONCLUSION

The 2021-2022 Delivery Program and Operational Plan 2021/22, incorporating the Budget and Fees and Charges for 2021/22, encompass the Key Initiatives and the levels of service to be provided to the community in a prudent and financially viable manner. Once adopted, the 2021-2022 Delivery Program and Operational Plan 2021/22 will be distributed electronically and in hard copy to Councillors, staff and interested persons.

RESPONSIBLE OFFICER

The officers responsible for the preparation of this Report are the Chief Financial Officer – Duncan Chell and the Manager, Strategy and Place – 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.

Table 1A - Public Submissions and Recommendations

 

 

2.

Table 1B - Staff Submissions and Recommendations

 

 

3.

2021-2022 Delivery Program including the Operational Plan 2021/22 - Draft at 9 June 2021

 

 

4.

Fees and Charges 2021/22

 

 

 

 

File Reference:           F2020/00348

Document Number:     D08164136

  


 

Director's Report No. CS29/21

Corporate Support Division

Date of Meeting: 9/06/2021

 

3        DEBTS TO BE WRITTEN OFF - 2020/21 FINANCIAL YEAR   

 

 

EXECUTIVE SUMMARY

·              The Financial Services Branch is responsible for assessing Council’s outstanding debtors on a regular basis to determine those debts which are bad, doubtful or recoverable.

·              Some services provided to customers in exchange for a fee or charge may remain unpaid even after various attempts by staff have been taken to recover these amounts. If it is deemed uneconomical to pursue further, then these amounts will be recommended to be become bad debts and be written off.

·              The latest assessment for 2020/21 has resulted in the General Manager writing off debts totalling $13,320 using his delegated authority from Council (refer attached Schedule B); and proposing to Council that it write off further debts considered bad totalling $2,854 (refer attached Schedule A).

·              Council’s consideration of this Report ensures that the relevant legislative requirements and Council protocols have been met in respect of those debts to be written off.

·              The write-off of debts for 2020/21 will be met from a budget allocated for this purpose.

 

RECOMMENDATION

THAT for 2020/21, and in accordance with Clause 213 of the Local Government (General) Regulation, Council:

1.         Write off debts considered bad totalling $2,854 (as detailed in Schedule A attached to Director’s Report No. CS29/21).

2.         Note debts considered bad totalling $13,320 written off under the General Manager’s delegated authority (as detailed in Schedule B attached to Director’s Report No. CS29/21).

 


PURPOSE

The purpose of this Report is to seek Council approval, in accordance with Clause 213 of the Local Government (General) Regulation, to write off debts considered bad for the 2020/21 financial year.

BACKGROUND

Each year, the Financial Services Branch assesses the status of outstanding debtors to determine those debts which are bad, doubtful or recoverable. Debts considered bad are either recommended for write off by the General Manager under delegated authority or submitted to Council for approval to write off. (N.B. Doubtful debts are provided for in the financial records in contrast to bad debts which are written off)

DISCUSSION

Some services provided to customers in exchange for a fee or charge may remain unpaid even after various attempts by staff have been taken to recover these amounts. If it is deemed uneconomical to pursue further then these amounts will be recommended to be become bad debts and be written off. Services that remain unpaid generally comprise commercial waste, licensing, parks, community centres and recreation fees and charges.

The writing off of debts by Council is undertaken in accordance with Clause 213 of the Local Government (General) Regulation. At the Ordinary Meeting held on 10 July 1996, Council resolved that the General Manager be delegated authority to write off individual debts up to $1,000 which are considered irrecoverable. Debts over $1,000 may only be written off by resolution of Council. The amount of bad debts written off by Council in accordance with Clause 213 of the Regulation over the last five financial years has been:

            2015/16                     $49,714

            2016/17                       $3,574

            2017/18                     $10,209

            2018/19                       $7,729

            2019/20                       $5,365

For 2020/21, it is recommended that Council write off a debt considered bad totalling $2,854 (see details in Schedule A); and note debts considered bad totalling $13,320 which have been written off under the General Manager's delegated authority (see details in Schedule B). A large number of the debts to be written off in Schedule B are in respect to food premises that were significantly impacted due to the constraints of COVID-19. It should be noted that even if a debt is written off, Council is not prevented from taking future legal proceedings to recover the debt.

CONSULTATION

This Report has been prepared in consultation with Council’s debt collection agency – Recoveries and Reconstruction (Australia) Pty Ltd.

BUDGET

The 2020/21 budget for bad debts written off is $1,000. As noted in Director’s Report No. CS/11/20 – March 2020 Quarter Budget Review (considered at the 13 May 2020 General Meeting), provided for a potential rise in bad debts due to the forecasted impact of the COVID-19 pandemic on financial conditions. Part of this budget was unused at 30 June 2020 and was therefore set aside in a restricted asset in the 2019/20 financial year that can be used to sufficiently cover the cost of writing off bad debts in the 2020/21 financial year.

POLICY

There are no policy implications associated with this Report.

CONCLUSION

The write-off of bad debts for the 2020/21 financial year 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 debts to be written off.

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.

Schedule A - Bad Debt Over $1,000

 

 

2.

Schedule B - Bad Debt Under $1,000

 

 

 

 

File Reference:           F2004/06978-02

Document Number:     D08155312

 


 

Director's Report No. CS30/21

Corporate Support Division

Date of Meeting: 9/06/2021

 

4        LOCAL GOVERNMENT REMUNERATION TRIBUNAL - 2021 REPORT AND DETERMINATION - MAYOR AND COUNCILLOR FEES - 2021/22 FINANCIAL YEAR   

 

 

EXECUTIVE SUMMARY

·              Sections 248(2) and 249(3) of the Local Government Act provide respectively for Council to once each year fix the annual fee payable to Councillors and the additional annual fee payable to the Mayor.

·              The annual fees must be fixed in accordance with the relevant annual determination of the Local Government Remuneration Tribunal.

·              Based on the Tribunal’s 2021 Report and Determination, it is recommended that Council approve a 2.0% increase in Councillor and Mayoral fees for the 2021/22 financial year.

·              Acceptance of such recommendation would result in each Councillor receiving an annual fee of $26,310 and the Mayor receiving an additional annual fee of $69,900 for 2021/22.

·              Sufficient funds have been allocated in the 2021/22 Budget to cover a 2.0% increase in the fees payable to Councillors and the Mayor.

 

RECOMMENDATION

THAT:

1.         As a consequence of the 2021 Report and Determination of the Local Government Remuneration Tribunal, Council note that it remains in the Metropolitan Medium Category of NSW councils for the period 1 July 2021 to 30 June 2022.

2.         In accordance with Section 248 of the Local Government Act and having considered the 2021 Report and Determination of the Local Government Remuneration Tribunal, an annual fee of $26,310 be paid to each Councillor for the period 1 July 2021 to 30 June 2022.

3.         In accordance with Section 249 of the Local Government Act and having considered the 2021 Report and Determination of the Local Government Remuneration Tribunal, an additional annual fee of $69,900 be paid to the Mayor for the period 1 July 2021 to 30 June 2022.

 


PURPOSE

The purpose of this Report is to provide Council with the 2021 Report and Determination of the Local Government Remuneration Tribunal such that Council can determine the amount of the fee payable to each Councillor, and the additional fee payable to the Mayor, for the 2021/22 financial year.

BACKGROUND

The Local Government Remuneration Tribunal is established under Chapter 9, Part 2, Division 4 of the Local Government Act. In this regard, Section 239 of the Act states:

(1)        The Remuneration Tribunal must, at least once every 3 years:

(a)        Determine categories for councils and mayoral offices, and

(b)        Place each council and mayoral office into one of the categories it has determined.

(2)        The determination of categories by the Remuneration Tribunal is for the purpose of enabling the Remuneration Tribunal to determine the maximum and minimum amounts of fees to be paid to mayors and councillors in each of the categories so determined.

Section 241 of the Act states:

The Remuneration Tribunal must, not later than 1 May in each year, determine, in each of the categories determined under section 239, the maximum and minimum amounts of fees to be paid during the following year to councillors (other than mayors) and mayors.

The Tribunal has completed its 2021 Report and Determination recommending the fees payable to councillors and mayors for the 2021/22 financial year – see copy attached.

DISCUSSION

Section 239 of the LG Act requires the Tribunal to determine the categories of councils and mayoral offices at least once every 3 years. The Tribunal last undertook a significant review of the categories and the allocation of councils into each of those categories in 2020.

The Tribunal invited submissions and advised that any submissions received requesting to be moved into a different category as part of the 2021 review would only be considered were there was a strong, evidence-based case.

Eighteen submissions were received – seventeen from individual councils and a submission from LGNSW. The Tribunal also met with the President and Chief Executive of LGNSW.

The Tribunal examined a range of statistical and demographic data and considered the submissions of councils, Local Government NSW (LGNSW) and Regional Cities NSW. The Tribunal determined to retain a categorisation model which differentiates councils primarily based on their geographic location and the other factors including population, the sphere of the council’s economic influence and the degree of regional servicing.

In accordance with section 239 of the LG Act the categories of general-purpose councils are as follows:

Metropolitan

·              Principal CBD; Major CBD; Metropolitan Large; Metropolitan Medium; and Metropolitan Small

Non-metropolitan

·              Major Regional City; Major Strategic Area; Regional Strategic Area; Regional Centre; Regional Rural and Rural

As a result of this review, it was determined that Hornsby Shire Council would remain in the Metropolitan Medium category of NSW councils along with seven other Councils - Campbelltown, Camden, Georges River, Ku-ring-gai, North Sydney, Randwick and Willoughby.

The Tribunal has reviewed the key economic indicators, including the Consumer Price Index and Wage Price Index, Local Government (State) Award 2020, 146C of the Industrial Relations Act 1996 and had regard to budgetary limitations imposed by the Government’s policy of rate pegging and has found that a 2.0% increase to the current fees is warranted. The 2.0% increase will apply to the minimum and the maximum of the ranges for all categories effective from 1 July 2021.

Impact on Council

The fees determined by the Tribunal as being applicable to the Metropolitan Medium category of councils are:

Councillor

Mayor

Annual Fee

Minimum - Maximum

Additional Fee

Minimum - Maximum

$14,100 - $26,310

$29,950 - $69,900

In July 2020, when Council determined the fees payable to Councillors and the Mayor for the 2020/21 financial year, it resolved to pay fees at the maximum level. This was consistent with decisions in previous years. Should Council resolve to pay fees at the maximum level for the 2021/22 period, this would result in an increase of $520 per annum for Councillors and $1,370 per annum for the Mayor.

BUDGET

Sufficient funds have been allocated in the 2021/22 Budget to cover a 2.0% increase in the fees payable to Councillors and the Mayor.

POLICY

There are no policy implications associated with this Report.

CONCLUSION

It is considered appropriate that the maximum fee for the Metropolitan Medium category be paid to Hornsby Shire Councillors and the Mayor for the period 1 July 2021 to 30 June 2022. This would result in each Councillor receiving an annual fee of $26,310 and the Mayor receiving an additional annual fee of $69,900 for the 2021/22 financial year.

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

Acting Manager, Governance and Customer Service

Corporate Support Division

 

 

 

 

Glen Magus

Director - Corporate Support

Corporate Support Division

 

 

 

 

Attachments:

1.

Local Government Remuneration Tribunal Annual Report

 

 

 

 

File Reference:           F2004/09552-02

Document Number:     D08159525

 


 

Director's Report No. CS31/21

Corporate Support Division

Date of Meeting: 9/06/2021

 

5        INVESTMENTS AND BORROWINGS FOR 2020/2021 - STATUS FOR PERIOD ENDING 30 APRIL 2021   

 

 

EXECUTIVE SUMMARY

·              This Report provides details of Council’s investment performance for the period ending 30 April 2021 as well as the extent of its borrowings at the end of the same period.

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

·              All of 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 April 2.38% which includes a yield of 20.35% from TCorp Managed Funds.

 

RECOMMENDATION

THAT the contents of Director’s Report No. CS31/21 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 30 April 2021 is detailed in the attached document.  In summary, the portfolio achieved an annualised return for April of 2.38% and year to date 1.86%.

In respect of Council borrowings, the weighted average interest rate payable on outstanding loans taken out from June 2011 to June 2013 (the last time that Council borrowed), based on the principal balances outstanding, is 5.99%. The Borrowings Schedule as at 30 April 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 30 April 2021 was $596,391 which includes an unrealised gain of $332,596 from TCorp Managed Funds. 

Budgeted investment income year to date at 30 April 2021 is $4,366,621.  Total investment income year to date at 30 April 2021 is $4,379,872 which includes a year to date net gain of $1,350,024 from TCorp Managed Funds.

Approximately 57.5% of the investment income received by Council relates to externally restricted funds (e.g. Stronger Communities Grant funding and Section 7.11 and Section 7.12 development contribution funds) and is required to be allocated to those funds. All investments have been made in accordance with the Local Government Act, the Local Government (General) Regulation and Council's Investment of Surplus Funds Policy and Investment Strategy.

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

CONCLUSION

The investment of Council funds and the extent of its borrowings as at 30 April 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 Borrowings Schedule April 2021

 

 

2.

HSC Investments Summary Report April 2021

 

 

 

 

File Reference:           F2004/06987-02

Document Number:     D08159895

  


 

Director's Report No. CE9/21

Community and Environment Division

Date of Meeting: 9/06/2021

 

6        WAITARA PARK PLAN OF MANAGEMENT   

 

 

EXECUTIVE SUMMARY

·              Council considered Director’s Report No. CE4/21 regarding a Draft Plan of Management for Waitara Park at its 10 February 2021 General Meeting and endorsed the draft Plan of Management (PoM) for public exhibition.

·              The draft PoM was exhibited in accordance with the requirements of the Local Government Act 1993. The exhibition occurred from 25 March to 5 May 2021 and a Public Hearing was held on 7 April 2021.

·              There were 10 submissions received with the majority in favour of the draft PoM.

·              The proposed PoM reflects the works completed to date since the existing PoM was adopted and enables further development of the site for sports.

·              Two changes to the exhibited draft PoM are minor and involve:

o     Reference to “Northern Districts Cricket Club”, should be “District” without the “s” at the end.

o     The concept plan notes “new tree planting”, however this work is now complete. Therefore, change to “existing tree spp.”

·              It is recommended that the attached amended draft PoM be adopted by Council.

 

RECOMMENDATION

THAT Council:

1.         Note the findings of the Public Hearing attached to Director’s Report No. CE9/21.

2.         Adopt the amended Draft Plan of Management for Waitara Park attached to Director’s Report No. CE9/21.

3.         Provide public notice of the adoption of the Plan of Management.

 


PURPOSE

The purpose of this Report is to inform Council of the results of the exhibition of the draft Plan of Management (PoM) for Waitara Park and to recommend its adoption.

BACKGROUND

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

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

At its meeting on 10 February 2021, Council considered Directors Report No. CE 4/21 and resolved that:

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

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

This report advises on the findings of the exhibition of the draft PoM and the Public Hearing which occurred in April 2021.

DISCUSSION

Plan of Management Exhibition

The draft PoM was exhibited in accordance with the requirements of the Local Government Act 1993 (LGA). The LGA requires exhibition of the document for not less than 28 days and for Council to accept submissions for a period of not less than 42 days from the date the draft plan was place on public exhibition. The PoM was placed on exhibition from 25 March to 5 May 2021 (42 Days).

Notification of the public exhibition period was undertaken via; social media, advertising in local papers, Council’s eNewsletter March edition and signage being installed on site. Local sports clubs and site occupants were notified directly.

Public Hearing

In accordance with the requirements of the LGA, a Public Hearing was held on 7 April, chaired by an independent consultant. No members of the public attended the Public Hearing. A copy of the consultant’s report, summarising the results of the Public Hearing was placed on exhibition on 19 April, within four working days of receipt, as required by the LGA. Attachment 1 is a copy of this report.

Written Submissions

Council received 10 written submissions during the consultation period. A document summarising the issues raised and providing a detailed response can be found as Attachment 2. The following is a brief summary of the issues raised and Council’s response.

Issue: Request for cricket to be focus of the park

Concerned planning of the park will lead to cricket activities being compromised. Prefers cricket be the focus of the park and other facilities (such as playgrounds), be located elsewhere.

Response:

No changes to the exiting sportsground are proposed. The Plan proposes an outdoor cricket training facility to increase the cricket facilities provided within the park.  All existing passive recreation uses and play space areas are to be retained.

Issue: Proposed General Community Use Categorisation

Objection to the change of categorisation from ‘Sportsground’ to ‘General Community Use’ due to concerns with community groups hiring the grandstand multi-purpose rooms leading to increased noise and undesirable activity. Desire for grandstand to be hired to sporting groups only.

Response:

No changes to the proposed categorisation are proposed.  The proposal to categorise the grandstand as General Community Use is driven by the broader community benefits of expanding the user groups who can hire multi-purpose rooms within the grandstand. Sporting groups will remain as the primary hirers of the grandstand, however the change in categorisation enables community groups to also use the facility. Hiring of the grandstand to community groups will be in accordance with the existing hiring hours.  Any proposed new pavilion will require development approval.  Issues related to noise and use of the building would be considered further at this stage and potentially be subject to conditions of consent regarding permitted hours of use and noise the need or otherwise for noise attenuation.

Issue: Native Planting

Request for planting of native trees and shrubs on nature strips surrounding the park.

Response:

All existing nature strip planting surrounding the park is proposed to be retained. There are limited locations along the nature strips due to the existing pathways and mature planting, however additional street native street tree planting is proposed along Waitara Avenue to continue the streetscape style planting which has already been completed outside the children’s playground.

CONSULTATION

The PoM was exhibited on Council’s website for the required 42 days. Notification of the public exhibition period was undertaken via; social media, advertising in local papers, Council’s eNewsletter March edition and signage being installed on site. Local sports clubs and site occupants were notified directly.

BUDGET

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

Cricket NSW has also committed $200,000 to Northern District Cricket Club (NDCC) towards the project in recognition of the benefit the project provides towards women’s cricket.

POLICY

The PoM, when adopted, will form Council’s policy for the management of the subject lands.

CONCLUSION

The draft PoM has been prepared in accordance with the requirements of the Local Government Act 1993. Following evaluation of submissions received there have been minor amendments incorporated into the document and these are reflected in the attached revised draft PoM.

The draft PoM reflects the upgrading works completed to date and the proposed enhancements of sports facilities that cater for the existing uses and are consistent with the objectives of the existing Plan of Management. Adoption of the draft PoM is a key step towards the construction of the improvements identified in the indicative masterplan.

It is recommended that Council adopt the attached amended draft PoM.

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.

Public Hearing Report

 

 

2.

Summary of Submissions

 

 

3.

Waitara Park Draft Plan of Management

 

 

 

 

File Reference:           F2014/00341-02

Document Number:     D08143137

 


 

Director's Report No. CE12/21

Community and Environment Division

Date of Meeting: 9/06/2021

 

7        REPORT ON SUBMISSIONS - DRAFT OFF-LEASH DOG PARK STRATEGY   

 

 

EXECUTIVE SUMMARY

·              At its meeting on 9 December 2020, Council resolved to place the draft Off-Leash Dog Park Strategy on public exhibition.  The draft Off-Leash Dog Park Strategy provides a vision, principles, assigns hierarchies and sets out recommendations for managing our off-leash dog parks now and into the future.

The draft Off-Leash Dog Park Strategy was placed on public exhibition from 2 February 2021 to 30 March 2021 with a total of 176 submissions being received.  The feedback from these submissions has been reviewed, with suggested amendments incorporated into the final draft Off-Leash Dog Park Strategy.  These changes have been shown in a comparison report file that has been posted on Council’s website:

https://www.hornsby.nsw.gov.au/property/myproperty/pets/off-leash-dog-areas.

·              While there was considerable support for the Strategy in general, a number of objections were received relating to specific sites identified as potential new off-leash dog parks.

·              Sites proposed to be removed from the draft Off-Leash Dog Park Strategy include Wearne Avenue, Pennant Hills; Edward Bennett Oval, Cherrybrook and Hopeville Park, Hornsby Heights.

·              Sites proposed to proceed include Brickpit Park, Thornleigh; Hunt Reserve, Mount Colah; Wisemans Ferry; Fagan Park, Galston (fully fenced); Salt Pan Reserve, Brooklyn (fully fenced); Greenway Park, Cherrybrook expansion site and Rofe Park, Hornsby Heights expansion site.

·              It is also recommended that a six-month trial of separated areas for small and large dogs proceed at Greenway Park. 

 

RECOMMENDATION

THAT:

1.         Council adopt the amended Off-Leash Dog Park Strategy attached to Directors Report No. CE12/21.

2.         Information regarding the finalised Off-Leash Dog Park Strategy be sent to all the participating named individuals from the consultation process, so they can see the outcome of the feedback they provided.

 


PURPOSE

The purpose of this Report is to outline the submissions received during the public exhibition of the draft Off-Leash Dog Park Strategy and to seek Council’s endorsement of the Off-Leash Dog Park Strategy.

BACKGROUND

The management and development of off-leash dog parks has historically been covered by Section 3 of Council’s Unstructured Recreation Strategy (2007).  This document is over ten (10) years old and a comprehensive, stand-alone strategy is now required to address the increasing demand on existing facilities and provide guidance on the development and management of new off-leash dog parks.

At its meeting on 9 December 2020, Council considered Directors Report No. CE16/20 and resolved that:

1.         The draft Off-Leash Dog Park Strategy attached to Director’s Report No. CE16/20 be placed on public exhibition for a period 42 days.

2.         As part of the public exhibition, Council write directly to adjoining neighbours of proposed new Off-Leash Dog Parks.

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

DISCUSSION

Hornsby Shire Council’s population is projected to grow by 13.9% to around 179,582 people by 2036. To meet increasing demand for dog recreation areas, eight potential new off-leash dog parks and the expansion of two (2) existing dog parks are recommended by the Strategy.

The draft Off-Leash Dog Park Strategy was placed on public exhibition from 2 February 2021 to 30 March 2021.  A total of 176 submissions were received.  The key themes outlined in the submissions include:

General Comments

Issue / Theme

Details

No. of sub

Response

Support for the draft Off-Leash Dog Park Strategy

Generally, support the recommendations in the draft Off-Leash Dog Park Strategy

37

 

Opposed to the draft Strategy and/or off-leash dog parks

In principal opposition to the Draft Strategy and/or off-leash dog parks in general

4

It is appropriate to support responsible pet ownership in the community.  The Strategy outlines a commitment to providing off-leash dog recreation facilities in suitable locations across the Shire.

Enforcement of rules

Perceived lack of infringements/enforcement process by Council Rangers

8

Council’s current approach is to seek to work with the community and educate dog owners on the responsible management of animals.  Penalties/orders are given on a case by case basis depending on the circumstances and severity of the incident that has been reported to Council.

Provision of additional off-leash dog parks may generate a community expectation for increased monitoring and enforcement action by Council’s Companion Animal Officers.  Any increase in enforcement action or monitoring of dog parks would require the allocation of additional staff resources.

Fencing of dog parks

Unsupportive of fenced dog parks due to increased potential for dog conflicts and disengaged owners

3

There is strong community support for fenced facilities due to the perceived safety benefits of providing an enclosed area for dogs to run free.  The draft Strategy proposes a two-tier hierarchy of provision which includes fenced (Level 1) and unfenced or partially fenced (Level 2) options.

Dogs on sportsgrounds

Opposed to dogs using sportsgrounds

4

Further expansion of off-leash dog parks on sportsgrounds is not supported due to damage to the turf surface and conflicts with sportsground users and maintenance activities. 

Supports access to sportsgrounds for off-leash dogs

14

Exclusive bookings

Suggested a booking system for short term exclusive use of a site for dogs who are rescues, non-social, anxious or timid.

1

This type of system would be difficult to administer and control.

Synthetic turf

Opposed to the use of synthetic turf

5

Preference is to use natural turf however where sites experience heavy wear and tear and turf coverage is difficult to maintain, some areas of synthetic turf are considered appropriate to prevent erosion.

Exercise equipment

Would like to see exercise equipment included at some dog parks

3

Providing play and agility equipment can enrich a dog’s experience at a park when used correctly however research suggests that agility equipment is actually used by very few people for their dogs.  Providing challenge and interest through natural elements such as logs, mounds, rocks and planted areas is preferred.

Supports the decision not to provide exercise equipment at dog park for animal safety reasons

1

Separate areas for small and large dogs

Supportive of separate areas for small and large dogs

10

It is recommended that Council pursue a trial site at Greenway Park with a review at 6 months. If successful extend to Rofe Park.

Public toilet access

Access to public toilets required at all off-leash dog park sites

1

Public toilets are available at the following existing dog parks; Asquith Oval, Greenway Park, Rofe Park, Epping Oval, Ron Payne Oval and within walking distance at Eucalyptus Drive, Westleigh.  Toilets will be available at Hunt Reserve, Wisemans Ferry and Fagan Park.  This level of provision is considered adequate.

Provision in Berowra area

Larger dog park required in Berowra

2

Crossroads is the smallest off-leash park in Hornsby Shire and a larger area would be beneficial.  There is limited opportunity to expand this site due to a lack of available space.  Proposed new sites at Hunt Reserve and Salt Pan Reserve will create new opportunities relatively close to Berowra.

Amenity

Request for bins at all entry/exit points

1

Garbage bins will be provided at all entry/exit gates at new off-leash dog parks and easy clean dog bowls will be provided at all new off-leash dog parks.

Request for dog drinking bowls at all parks.  Need to be able to tip them out to clean them easily.

4

On-leash walking trails

Request for signage on all authorised on-leash walking trails

1

Beyond the scope of this Strategy.  This will be addressed as part of the Natural Areas Recreation Strategy.

Request for garbage bins at track heads of authorised on leash walking trails

1

Expansion of on-leash walking tracks

1

Off-leash walking tracks

Provide off leash walking track options

1

Beyond the scope of this Strategy.  This will be addressed as part of the Natural Areas Recreation Strategy.

Maintenance

Requests increased maintenance for hygienic reasons

1

Council staff regularly monitor and maintain dog park assets.  Waste bags are provided at all off-leash dog parks to enable proper disposal of dog waste.

Suggests dividing parks into smaller areas and rotating areas to maintain turf coverage

1

Owner education

Greater emphasis required by Council on owner education

1

New regulatory signage is proposed at all off-leash dog parks.

Funding

Strategy fails to discuss funding.  Seeks funding equity for environmental issues on par with dog amenities

1

Funding of Council’s various programs is limited to, and dependent upon, future funding opportunities, resource availability and Council’s strategic priorities.  Subsequently, all strategy actions will be reprioritised annually with actions that are able to be implemented being incorporated into Council’s Operational Plan. 

Sustainability

Request for sustainable building practices and materials at all future dog parks

1

Provision of future off-leash dog parks to align with Council's Sustainable Procurement Policy.

Lighting

Strategy should consider lighting at dog parks

1

Solar lighting is currently provided on a timer at Greenway and Rofe dog parks.  Additional lighting can be considered on a case by case basis where required, in consultation with residents.

Benchmarking

Benchmarking should consider the amount of space (m2) per area, not just number of dog parks

1

A square meter calculation does not reflect population densities and access to available land.  Current benchmarking provides a snapshot of Hornsby Shire’s provision based on population.  No change is proposed.

Hierarchy

The hierarchy system is confusing

1

The hierarchy features two levels of service provision primarily defined by whether or not a site is fully fenced.  This provides Council with some flexibility to provide services suited to individual sites.  No change is proposed.

Priority

Creation of new dog parks should be a high priority

1

The creation of new off-leash dog parks is currently listed as a Medium priority with the expansion sites listed as a High Priority.  No change is proposed.

Environmental protections

Strategy needs to provide greater detail on potential environmental impacts of off-leash dog parks and how environmental protections will be achieved.

1

Recommend that Part 4 of the Strategy is updated to include greater consideration of environmental impacts and how environmental protections will be achieved.

 

Individual Sites

Issue / Theme

Details

No. of sub

Response

Brickpit Park, Thornleigh

Generally, supportive of the site

6

Noted

Recommendation:  No change to Strategy proposed.

 

Hopeville Park, Hornsby Heights

Generally supportive of the site

2

The community value Hopeville Park for its passive open space and unstructured recreation values.  Respondents were concerned about the loss of amenity for other park users and potential impacts on the adjacent bushland. Respondents were also concerned about the extra traffic and parking that the proposal might generate in this quiet suburban area.  They were generally satisfied that other suitable off-leash recreation areas are available in the local area.  Council recognises the need for additional facilities in the high growth Hornsby area but agree that an alternative site in a more accessible location should be sought. 

Opposed to the use of the site as an off-leash dog park due to:

·              Environmental concerns

·              Parking/traffic concerns

·              Loss of amenity for other park users

·              Proximity to children’s playground

·              Proximity to neighbours

·              Viewed as unnecessary due to close proximity due to Rofe Park and Asquith Park

·              Noise

14

Recommendation: Remove Hopeville Park as an off-leash dog park site.

 

Hunt Reserve, Mount Colah

Generally, supportive of the site

6

The community is generally supportive of the proposal and the need for a facility in this area is clear.    The final fence design must be sympathetic to the Heritage significance of the reserve and allow for other park uses to continue including the children’s playground, picnic area and pop up charity events.  Mitigation measures are required to protect existing trees in the parkland.

Opposed to the use of the site as an off-leash dog park due to:

·              Environmental concerns

·              Loss of amenity for other park users

·              Local Heritage significance of park.  Hunt reserve is in a prominent location conserving significant indigenous trees and commemorating first Shire president

2

Recommendation:  Off-leash area to proceed with mitigation measures in place to protect existing trees.

 

Wearne Avenue, Pennant Hills

Generally, supportive of the site

6

The site received considerable opposition from the community.   Concerns were raised over negative impacts on the EEC community, impacts on water quality, biodiversity and ecosystems.  The proximity to neighbours, potential traffic and parking issues and less suitable access options were also considered problematic.  The community value the reserve for its environmental and passive recreation values and wish to retain it for these purposes. 

Opposed to the use of the site as an off-leash dog park due to:

·              Environmental concerns

·              Proximity to neighbours

·              Noise

·              Odour

·              Traffic/parking concerns

·              Loss of amenity for other park users

·              Unsuitable access options

·              Reserve is currently a thoroughfare used by school students

·              Underneath high voltage powerlines

·              Potential for rubbish, graffiti and/or antisocial behaviour

·              Potential fire hazard

·              Other concerns

27 +

94 (signed petition)

Recommendation:  Remove Wearne Avenue as an off-leash dog park site.

 

Edward Bennett Oval, Cherrybrook

Generally, supportive of the site.

5

The site received considerable opposition from the community.  Respondents were concerned that the park is already heavily programmed, and the addition of an off-leash dog park would overburden the site. Residents noted that the area proposed as a dog park is currently used as a soccer warm up space and passive recreation area and the community wish for these uses to continue. Respondents were also concerned a new dog park would compound existing traffic and parking issues which are already under strain in the area.

Opposed to the use of the site as an off-leash dog park due to:

·              Parking/traffic concerns

·              Loss of amenity for other park users

·              Over programming an already heavily used site

·              Proximity to neighbours

·              Noise

·              Odour

·              Potential safety hazard of sports balls entering the off-leash dog park

·              Environmental concerns

25

Recommendation:  Remove Edward Bennett Oval as an off-leash dog park site.

 

Fagan Park, Galston

Generally, supportive of the site as an off-leash dog park with a strong preference for a fenced site.

16

The community is generally supportive of an off-leash dog park at Fagan Park however for many respondents this support was subject to the site being fenced to protect other park users and the environment.  Mitigation measures are required to address shared boundaries with the Hornsby Electric Model Flying Club.

Opposed to the use of the site as an off-leash dog park due to:

·              Environmental concerns

·              Potential conflict between the proposed site and the flight boundaries of the Hornsby Electric Model Flying Club

·              Parking/traffic concerns

·              Loss of amenity for other park users

·              Concern over dogs being walked though Fagan Park off-leash

6

Recommendation:  Provide a fully fenced site at Fagan Park and mitigate potential conflicts with the Hornsby Electric Model Flying Club.

 

Wisemans Ferry Reserve, Wisemans Ferry

Generally, supportive of the site as an off-leash dog park.

2

Respondents were generally supportive of this site.  An unfenced facility is considered appropriate given the large site area and relatively low expected use.

Requested a fully fenced site.

1

Recommendation:  No change to Strategy proposed.

 

Salt Pan Reserve, Brooklyn

Generally, supportive of the site as an off-leash dog park.

6

Concerns relate to dogs being able to access sensitive bushland areas if the site is unfenced.  A fenced site is proposed to protect adjacent natural areas and prevent dogs from interfering with the RFS site.   The site is not likely to pose a significant risk of harm to human health due to the depth of identified contamination.

Opposed to the use of the site as an off-leash dog park due to:

·              Environmental concerns

·              Contamination concerns

·              Concern over dogs interfering with NSW Rural Fire Service (RFS) staff and visitors

3 (including a submission representing 48 community members)

Recommendation:  Provide a fully fenced off-leash dog park at Salt Pan Reserve.

 

Expansion of Rofe Park, Hornsby Heights

Generally, supportive of expanding the site.

2

Respondents expressed concern about the impact on neighbours and the natural environment.  Provision of vegetation buffers at shared boundaries is proposed to mitigate these impacts.

Opposed to the expansion of the site due to:

·              Noise

·              Proximity to neighbours

·              Odour

·              Environmental concerns

2

Recommendation:  Provide a vegetated buffer between the off-leash area and shared boundary fences.

 

Expansion of Greenway Park, Cherrybrook

Generally, supportive of expanding the site

3

The cenotaph and associated ceremonial activities are still able to be facilitated by the expanded dog park site.  The cenotaph location was determined taking into regard the proposed off-leash dog park expansion.  This was made clear to the cenotaph proponents.

 

Expansion must not impact on Cenotaph which is dedicated to ANZAC servicemen of Indian origin

Opposed to the expansion of the site due to:

·              Parking/traffic concerns

3

Recommendation:  No change to Strategy proposed

 

Alternative Sites Considered

Throughout the consultation period, several alternative sites were proposed by respondents.  Consideration of alternative sites is included in Appendix 2.

CONSULTATION

In the preparation of this Report, consultation occurred through the following channels:

·              Advertisement on Council’s website – Have Your Say

·              Council’s eNewletter

·              Social Media (Facebook, LinkedIn and Localised)

·              Print advertising (Bush Telegraph, Galston & Glenorie News, Dural Roundup, Hornsby and Kuring-gai Post)

·              A3 size notices placed on site at all existing and potential new off-leash dog parks

·              Notification to all Hornsby Shire Council Branch Managers

·              Notification to Thornleigh Golf Driving Range

·              Notification to Brooklyn Rural Fire Service

·              Direct mailout to adjoining neighbours of proposed off-leash dog parks

BUDGET

The draft Off-Leash Dog Park Strategy outlines a long-term, sustainable vision for dog recreation areas in the Hornsby community over the coming years and provides a range of recommendations for Council. 

Approximately $475,000 in capital funding has been identified in Council’s s7.11 and s7.12 Development Contributions Plans that will enable Council to implement many of the recommendations arising from the Strategy over coming years.

POLICY

The draft Off-Leash Dog Park Strategy sets a vision for Council as it seeks to improve dog recreation facilities across the Shire. 

CONCLUSION

The draft Off-Leash Dog Park Strategy provides a vision, principles and recommendations for managing our off-leash dog park facilities to ensure a sustainable, liveable, productive and collaborative Shire. 

It is recommended the draft Off-Leash Dog Park Strategy be adopted and actions be implemented in accordance with Council priorities and available resources.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the David Sheils – Manager Parks Trees and Recreation - 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.

HSC Off-Leash Dog Park Strategy

 

 

2.

Alternative Off-Leash Dog Park Sites

 

 

 

 

File Reference:           F2020/00302

Document Number:     D08156480

  


 

Director's Report No. PC11/21

Planning and Compliance Division

Date of Meeting: 9/06/2021

 

8        HORNSBY LOCAL PLANNING PANEL - APPOINTMENT OF EXPERT PANEL MEMBERS   

 

 

EXECUTIVE SUMMARY

·              The term of appointment for the Chair and expert members on the Hornsby Local Planning Panel (HLPP) expires on 30 June 2021.

·              On 13 May 2021, the Minister for Planning and Public Spaces wrote to Council advising of his appointment of the Chair and Alternative Chairs to the HLPP.

·              The Department of Planning, Industry and Environment has conducted an expression of interest for a pool of experts for consideration for appointment to local planning panels by 1 July 2021.  On 14 May 2021, the Department circulated to all Councils the list of approved experts.

·              Council’s current members have confirmed their interest in continuing their membership on the Panel and are included on the list of experts.

·              It is recommended that the current expert members for the Hornsby Local Planning Panel be re-appointed until 29 February 2024 and that two additional alternate expert panel members be included to assist the operation of the Panel.

 

RECOMMENDATION

THAT:

1.         Council appoint the following expert panel members to the Hornsby Local Planning Panel: Ms Juliet Grant; Ms Linda McClure; Mr Garry Fielding; Mr Steven Layman; Ms Mary-Lynne Taylor; Mr Scott Barwick and Ms Alison McCabe.

2.         The expert members be appointed for the term until 29 February 2024.

3.         Council advise the Planning Panels Secretariat at the Department of Planning, Industry and Environment in writing of the appointments to the Hornsby Local Planning Panel.

 


PURPOSE

The purpose of this report is to seek Council’s endorsement to appoint expert panel members for the Hornsby Local Planning Panel until 29 February 2024. 

BACKGROUND

The HLPP was established by the Minister for Planning with the appointment of expert and local members. The initial appointment was for a period of three years.

On 31 August 2020, Council wrote to the Department of Planning, Industry and Environment (DPIE) to seek advice regarding the upcoming end of term for Local Planning Panel chairs and members. Advice was sought to confirm the process and timing for the replacement of Panel members.

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

As this timing coincided with the end of the first three-year term of office for local planning panel members in March 2021, councils were requested to reappoint current chairs and alternate chairs up to 30 June 2021. 

In accordance with the above, at its meeting on 10 February 2021, Council resolved to extend the term of appointment of the current expert panel members on the HLPP until 30 June 2021 and extend the term of appointment for community members on the LPP until 31 March 2022.

On 14 May 2021, the Department circulated the approval list of experts for consideration by councils for appointment to local panels.

DISCUSSION

A local planning panel consists of four members: a chair, two independent expert members and a community representative.

Approval and appointment of Chairs and Alternative Chairs

The Minister approves experts and chairs and alternate chairs for appointment by councils.  On 13 May 2021, the Minister for Planning and Public Spaces wrote to Council advising of his appointment of Chairs and Alternative Chairs to the Hornsby Local Planning Panel.

Mr Garry Fielding has been appointed Chair of the HLPP and Ms Jacqueline Townsend and Ms Penelope Holloway have been appointed alternate Chairs.

Community Members

Community representatives are recruited, selected and appointed by councils.

At its meeting on 10 February 2021, Council resolved to extend the term of appointment for the local community representatives on the HLPP to 31 March 2022.

Community representatives comprise, Brian Scarsbrick AM (A Ward), Jerome Cox (B Ward) and Barbra Wynn (C Ward). Alternate John Filocamo.

Following Council elections in September, the newly elected Council will be provided an appropriate opportunity to consider community Panel membership for its term. This will also be consistent with Council’s approach of calling for expressions of interest for new members to participate on Council Committees and Working Groups at the commencement of a new Council term.

Mayors, councillors, property developers and real estate agents are not eligible for appointment to local planning panels.

Independent Experts Pool

The DPIE conducted an expression of interest for the chair and expert pools for the local planning panels for appointments starting 1 July 2021. On 14 May 2021, the Department circulated to all councils a list of approved experts for appointment to local planning panels.

A pool of over 200 independent experts has been approved. Each expert has been approved on the basis of their professional standing, experience, technical ability and broad understanding of the development assessment process.  Of the list of experts, 123 indicate their interest in participating on the HLPP.  Each expert has met one or more of the expertise requirements set out in the Environmental Planning and Assessment Act.

Each expert has completed probity checks and provided a statutory declaration that they have not been bankrupt, do not have a criminal record and are not developers or real estate agents. None of the experts is a Mayor, local councillor, or full-time local council or State government employee.

Council is required to select sufficient experts for appointment to ensure that panel meetings can proceed in the event that a member may be unavailable for any reason, and also to enable the Chair to rotate panel members periodically (as required by clause 1.2.1.c of the Operational Procedures).

Appointments are required to be made by 1 July 2021 for a maximum period through to 29 February 2024 to ensure compliance with:

·              6-year maximum term limits of continuing members.

·              The expiry date of the Minister’s approval of chairs and experts.

It is open to the Council to appoint the expert Panel members for a shorter term.  However, the list of expert members approved by the Minister is only valid until 29 February 2024.  Therefore, should Council resolve to appoint members for a shorter period, any subsequent members would also need to be renewed by 29 February 2024.

The current experts on the HLPP have re-applied to continue their appointment on the Panel, namely, Juliet Grant and Linda McClure and alternates Garry Fielding, Steven Layman, Mary-Lynne Taylor.

The current Panel members have a sound understanding of Council’s planning controls and policies and awareness of community expectations and values.  Accordingly, given the limited time available to select new members and the proven track record of Council’s current Panel members in making consistent and well-founded decisions, it would be appropriate to re-appoint the current members.

In addition to re-appointing current experts, the inclusion of a further two expert members would assist with the operation of future panel meetings to address situations where there is a shortage of available members.  This has occurred where members have a declared conflict of interest or are not available to attend a meeting due to competing priorities. Additional members would also assist address the possible issue of loss of knowledge of processes, local controls and community interest after the expiry of the 6-year term for panel members.

In this regard, additional experts are recommended who have undertaken previous consultancy work or provided expert Court evidence for Council.  From the list of experts provided by the Department, Mr Scott Barwick and Ms Alison McCabe would meet these criteria having undertaken extensive consultancy work in development application assessment, strategic planning and representing Council in the Land and Environment Court over a period of many years.

BUDGET

There are no additional budgetary implications. The current remuneration rates for the members of the Hornsby Local Planning Panel would remain unchanged. Sufficient funds to conduct Panel Meetings have been included in the Planning and Compliance Division Budget.

POLICY

There are no policy implications associated with this Report.

CONCLUSION

The current term of appointment for the expert and alternate members for the Hornsby Local Planning Panel expires on 30 June 2021.

It is recommended that Council agree to extend the current term of membership of Panel members until 29 February 2024 and include two additional alternate expert panel members.

RESPONSIBLE OFFICER

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

 

 

 

 

 

 

Rod Pickles

Manager - Development Assessments

Planning and Compliance Division

 

 

 

 

James Farrington

Director - Planning and Compliance

Planning and Compliance Division

 

 

 

 

Attachments:

There are no attachments for this report.

 

 

File Reference:           F2013/00295-002

Document Number:     D08167928

    


 

Mayor's Note No. MN5/21

Date of Meeting: 9/06/2021

 

10      MAYOR'S NOTES FROM 01 MAY - 31 MAY 2021   

 

 

Note:  These are the functions that the Mayor, or his representative, has attended in addition to the normal Council Meetings, Workshops, Mayoral Interviews and other Council Committee Meetings.

Sunday 2nd May 2021 – The Mayor attended the Knox Grammar School ANZAC Service and Parade held at Knox Grammar School in Wahroonga.

Sunday 2nd May 2021 – The Mayor attended An Australian Community Inspired Association Inc. Tennis Day held at Dural Tennis Centre in Dural.

Wednesday 5th May 2021 – The Mayor hosted four Citizenship Ceremonies held at Council Chambers in Hornsby.

Thursday 6th May 2021 – The Mayor attended the Ku-ring-gai Police Area Command Awards Ceremony held at Magpies Waitara.

Saturday 8th May 2021 – On behalf of the Mayor, Councillor Tilbury attended the Northern Districts Hockey Club Opening Day held at Pennant Hills Park in Pennant Hills.

Sunday 16th May 2021 – The Mayor attended the ‘Greening Our Shire’ Cherrybrook Community Planting held at Greenway Park East in Cherrybrook.

Wednesday 19th May 2021 – The Mayor hosted four Citizenship Ceremonies held at Council Chambers in Hornsby.

Saturday 22nd May 2021 - The Mayor attended Australia’s Biggest Morning Tea with Sydney Community Group held at Greenway Park Club House in Cherrybrook.

Tuesday 25th May 2021 – On behalf of the Mayor, Councillor Tilbury attended the Official Opening of the new Hornsby Berowra Men’s Shed.

 

 

File Reference:           F2004/07053

Document Number:     D08170002

  


 

Notice of Motion No. NOM2/21

Date of Meeting: 9/06/2021

 

11      GALSTON PUBLIC DOMAIN PROJECT   

 

 

COUNCILLOR Del Gallego To Move

THAT:

1.         The $7.1 million Galston Public Domain project as identified in the Long-Term Financial Plan be placed on hold and incur no further expenditure.

2.         An informal workshop be organised after the 2021 Council elections to discuss and review the Galston Public Domain project scope, with options provided by staff, to achieve significant savings to the current forecast expenditure of $7.1 million whilst still delivering meaningful works.

3.         Any significant savings achieved by amending the Galston Public Domain project scope be considered for re-allocation to other urgent projects or asset management priorities in the development of a revised Long-Term Financial Plan.

 

Note from Councillor

Economic times have changed since the Galston Public Domain project was endorsed by Council as a priority project in 2019, predominantly to incur expenditure in the 2023/24 and 2024/25 financial years of $7.1 million.

I do not consider the Galston Public Domain project as a priority project to the level that was previously agreed to by Council at $7.1 million from General Funds. Therefore, any current and/or further costs in respect to this project where reasonable should be placed on hold. 

Consideration should be given at an Informal Workshop after the September 2021 Council elections towards reducing the scope of this project that meets only Council’s responsibilities while preserving the rural character. Any cost savings from reducing the scope of this project should be reallocated towards other project priorities as part of a revision of the Long-Term Financial Plan.

Other project priorities that should be considered are around core responsibilities of Council such as:

·              Maintaining Hornsby Shire’s streets and median strips so they are clean and tidy and regularly mowed.

·              Regular reduction in weed infestation.

·              Shire wide improvement towards asset management of our facilities and infrastructure. 

·              Greenway Park lighting to illuminate its northern pathway. Residents are currently using mobile phone flashlights to illuminate their way in the dark.  This is an urgent safety issue.

·              Shepherds Drive (local Council road) upgrade and traffic management at its southern section leading to the community centre, stretching past the shopping centre, towards the northern entrance to Greenway Park. These sections are so busy during peak hour, that prams, mobility vehicles, pedestrians, buses and motor vehicles all compete - survival of the fittest.  This is also an urgent safety issue.

The examples I have put forward above are only several of a probable hundred other urgent asset maintenance requirements across Hornsby Shire that can be re-prioritised if significant savings to the current forecast expenditure of $7.1 million can be achieved while still delivering meaningful works to Galston Road. 

The Galston Public Domain concept plan endorsed by Council in December 2019 proposed a significant upgrade to Galston Road (main street) by:

a)         Rationalising traffic management and parking.

b)         Improving commercial frontages.

It is only fair to Hornsby Shire residents that:

1.         Being a state road, the cost to upgrade Galston Road and rationalise traffic management must be ‘at cost’ to State Government.

2.         Improving commercial frontages must be ‘at cost’ to commercial property owners.

3.         Any residual expenditure, after state government and commercial property contributions have been received, can then be paid for by rate payers as on-going asset management works.

To this date, no contributions have been guaranteed by the State Government or commercial property owners.

For the record and well known to Council, I advocated for State Government and commercial property owners’ contributions for this project from the very onset.

It is imperative that the scope of this project be reviewed in fairness to all Hornsby Shire residents.

This motion provides for the new Council elected in September 2021 to review the Galston Public Domain project scope to still deliver meaningful works, then re-allocate significant savings to other urgent projects across the Shire.

I urge Council to adopt this notice of motion.

 

  Attachments:

There are no attachments for this report.

 

File Reference:           F2020/00027

Document Number:     D08153957

 


 

Notice of Motion No. NOM3/21

Date of Meeting: 9/06/2021

 

12      PACIFIC HIGHWAY BETWEEN COWAN AND BROOKLYN     

 

 

COUNCILLOR Tilbury To Move

That Council:

1.         Acknowledge the serious accidents and the unacceptable impacts on residents from noisy and dangerous behaviours of motorcyclists and drivers along the stretch of the Pacific Highway between Cowan and Brooklyn.

2.         In addition to the Secretary of Transport for NSW, write to the Minister for Transport, local state and federal Members of Parliament seeking a Road Safety Review of the stretch of the Pacific Highway between Cowan and Brooklyn and the implementation of corrective actions arising from the Review. 

3.          

Note from Councillor

I have been approached by Cowan and Brooklyn residents concerned about the serious accidents and impacts on their amenity and safety from speeding and dangerous driving/riding activities of motorcyclists and cars along the stretch of the Pacific Highway between Cowan and Brooklyn.

Residents regularly hear the sirens of Ambulance, Police, Fire and Rescue and the Rural Fire Service vehicles attending to accidents along the stretch of road. It is not unusual for these occurrences to occur several times on a weekend.  Often residents using the road confront dangerous driving including excessive speeding and motorcyclists riding on the wrong side of the road. Cars often participate in group drag racing late at night along the stretch of road. Horrendous crashes and fatalities occur all too frequently.

The stretch of the Pacific Highway between Cowan and Brooklyn is the responsibility of Transport for NSW and it is appropriate that Council write to the NSW Government Department to seek a Road Safety Review of this part of the Pacific Highway, along with the implementation of any corrective actions

 

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File Reference:           F2005/00324

Document Number:     D08173768