Agenda of General Meeting - Wednesday, 11 August 2021

Hornsby Shire Council Agenda and Summary of Recommendations

Page 1

AGENDA AND SUMMARY OF RECOMMENDATIONS

PRESENT

NATIONAL ANTHEM

OPENING PRAYER/S

Acknowledgement of RELIGIOUS DIVERSITY

Statement by the Chairperson:

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

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 14 July 2021 be confirmed; a copy having been distributed to all Councillors.

Petitions

presentations

Rescission Motions

Mayoral Minutes

Page Number 1

Item 1 MM6/21 Support for the Nomination of a Ku-ring-gai Geo-Region

RECOMMENDATION

THAT the Mayor write a letter to the Friends of Ku-ring-gai Environment Inc Steering Committee (FOKE), indicating Council’s: -

1. In principle support of the nomination for a Ku-ring-gai Geo-Region as a Global GeoPark recognised by UNESCO.

2. Support for ongoing community engagement on this proposal particularly with Traditional Owners.

Page Number 3

Item 2 MM7/21 Compliance Levies

RECOMMENDATION

THAT Council write to the Minister for Planning and Public Spaces to:

1. Express Council’s disappointment at the lack of consultation with affected councils in its recent decision to make the Environmental Planning and Assessment Amendment (Compliance Fees) Regulation 2021, with the effect of prohibiting councils from continuing to collect compliance levies after 31 December 2021.

2. Note that Council will now be forced to review funding opportunities for its current compliance services with potential detriment to our community and environment.

3. Indicate the changes may restrict Council’s capacity to assist State Government compliance agencies in their investigations and enforcement within Hornsby Shire.

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

Nil

Corporate Support Division

Page Number 5

Item 3 CS48/21 Schedule of Council Meetings and Order of Business to Apply at Those Meetings - September 2021 to September 2022

RECOMMENDATION

THAT Council adopt:

1. The schedule of ordinary Council meetings for the period September 2021 to September 2022 as set out in Attachment 1 of Director’s Report No. CS48/21.

2. The order of business for the ordinary Council meetings to be held in the period September 2021 to September 2022 as set out in Attachment 2 of Director’s Report No. CS48/21.

Page Number 8

Item 4 CS49/21 Councillor Expenses and Facilities Policy - Reporting Required by Section 15 of the Policy

RECOMMENDATION

THAT Council note that details regarding the provision of Councillor expenses and facilities for the period from 1 July 2020 to 30 June 2021 have been tabled in accordance with the Councillors’ Expenses and Facilities Policy.

Page Number 15

Item 5 CS51/21 Investments and Borrowings (Pre-Audit) for 2020/2021 - Status for Period Ending 30 June 2021

RECOMMENDATION

That the contents of Director’s Report No. CS51/21 be received and noted.

Community and Environment Division

Page Number 18

Item 6 CE18/21 Minutes of Council Advisory Committees

RECOMMENDATION

THAT the minutes of the meetings of Council’s Advisory Committees held during the period since September 2020 and attached to Director’s Report No. CE18/21 be received and noted.

Page Number 22

Item 7 CE19/21 Draft Dual Naming and/or Renaming of Council Facilities Policy

RECOMMENDATION

THAT Council adopt the draft Dual Naming and/or Renaming of Council Facilities Policy attached to Director’s Report No. CE19/21 for the purposes of public exhibition.

Planning and Compliance Division

Page Number 26

Item 8 PC12/21 Byles Creek Planning Study

RECOMMENDATION

THAT:

1. The draft Byles Creek Planning Study attached to Director’s Report No. PC12/21 be placed on public exhibition for a period of 60 days in accordance with the consultation strategy outlined in the Report.

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

Page Number 33

Item 9 PC13/21 Reporting Variations to Development Standards

RECOMMENDATION

THAT the contents of Director’s Report No. PC13/21 be received and noted.

Page Number 36

Item 10 PC4/21 Onsite Sewage Management Systems

RECOMMENDATION

THAT:

1. The draft Hornsby Shire Council On-Site Sewage Management System Policy attached to Director’s Report No. PC4/21 be placed on public exhibition for a period of 60 days in accordance with the consultation strategy outlined in the report and attached Frequently Asked Questions.

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

Infrastructure and Major Projects Division

Nil

PUBLIC FORUM – NON-AGENDA ITEMS

Questions on Notice

Mayor's Notes

Notices of Motion

SUPPLEMENTARY AGENDA

MATTERS OF URGENCY

Mayoral Minute No. MM6/21

Date of Meeting: 11/08/2021

1 SUPPORT FOR THE NOMINATION OF A KU-RING-GAI GEO-REGION

On 14 July 2021 representatives from the Friends of Ku-ring-gai Environment Inc (FOKE), met with available Councillors and myself to discuss their proposed nomination of the Ku-ring-gai Geo-Region as a Global GeoPark recognised by UNESCO. The objective of their proposal is to make a positive contribution to conservation based in and around Ku-ring-gai Chase National Park, by building on the existing recognised values of the area, its biodiversity, natural and cultural heritage.

The proposal aims to highlight the area’s nationally and internationally significant geology and geomorphology which is exemplified by the wide range of geosites which exist in this area. There is an opportunity for Council to link these geosites though its existing bush walking trails

The areas of special interest within Hornsby Shire include:

· Ku-ring-gai Chase National Park

· Muogamarra Nature Reserve

· Eastern Berowra Valley National Park

Other special sites of interest include:

· Cliffs, beaches, and lagoons from Long Reef to Barrenjoey

· Northern Garigal National Park

FOKE’s proposal is to identify this area as a Geo-Region in recognition of its nationally and internationally significant geology and geomorphology, under UNESCO definitions. Once this proposal is established and agreed by the various stakeholders, an agreed area within the ‘Ku-ring-gai Geo-Region’, could further be proposed for submission as an aspiring UNESCO Global Geopark.

UNESCO Global Geoparks are single, unified geographical areas where sites and landscapes of international geological significance are managed with a holistic concept of protection, education and sustainable development. Their bottom-up approach of combining conservation with sustainable development while involving local communities is becoming increasingly popular.

Council’s recently adopted Economic Development and Tourism Strategy identified the significant contribution the Shire’s natural assets made to our visitor economy. Creating a geopark within Hornsby Shire would be highly beneficial in raising awareness of the local area’s environment and its significance, through national and international geo-tourism.

Whilst World Heritage Areas are created in perpetuity, the status of UNESCO Global GeoParks is reviewed and renewed by UNESCO every four years. To succeed, a UNESCO Global GeoPark nomination must be lodged by an appropriately incorporated management body and have the support of local communities.

The FOKE Steering Committee for the GeoPark nomination consists of the following members, Ursula Bonzol (Friends of Ku-ring-gai Environment and Ex General Manager/CEO), Angus M Robinson (National Geotourism Strategy Coordinator for the Australian Geoscience Council), Bob Conroy (former Executive Director, NSW National Parks and Wildlife Service), Dr John Martyn (Geologist and author), Dr Peter Mitchell (Environmental scientist, former academic), Jayden Walsh (Ecologist), David Robson (Retired Chief Geophysicist from the Geological Survey of NSW).

In providing in principal support for the FOKE nomination for a Ku-ring-gai Geo-Region, Council will not be providing a direct financial contribution. However, this support will assist in helping to build momentum for this worthwhile initiative. FOKE were encouraged to continue to engage with the community, particularly Traditional Owners. To assist, Council has already provided details for the Traditional Owners of the land within Hornsby LGA to FOKE.

RECOMMENDATION

THAT the Mayor write a letter to the Friends of Ku-ring-gai Environment Inc Steering Committee (FOKE), indicating Council’s: -

1. In principle support of the nomination for a Ku-ring-gai Geo-Region as a Global GeoPark recognised by UNESCO.

2. Support for ongoing community engagement on this proposal particularly with Traditional Owners.

The Honourable Cr PHILIP RUDDOCK

Mayor

Attachments:

There are no attachments for this report.

File Reference: F2018/00162-002

Document Number: D08212755

Mayoral Minute No. MM7/21

Date of Meeting: 11/08/2021

2 COMPLIANCE LEVIES

On 16 July 2021, the Environmental Planning and Assessment Amendment (Compliance Fees) Regulation 2021 came into effect. Hornsby Council is one of 29 councils in NSW that currently charges compliance levies to support compliance programs and is impacted by the new Regulation.

Earlier this year, when councils were finalising their 2022 budgets, the Government announced it intended to prohibit the ability of councils to charge compliance levies. However, it was indicated that further consultation would be undertaken with local government and a new compliance funding regime introduced before current levies were prohibited.

Regrettably, this did not occur and the Environmental Planning and Assessment Amendment (Compliance Fees) Regulation 2021 has now been published. As a result, councils will no longer be able to collect compliance levies after 31 December 2021. Furthermore, details of an anticipated new levy on Complying Development Certificates has not been prepared and any income is expected to be only a fraction of the amount Council currently receives.

The Regulation was made in the same month the Government saw the passage of new legislation which facilitates compliance levies for the NSW Building Commissioner's Office. The decision to levy additional fees for the State government comes at an unfortunate time when it is councils who are at the frontline of responding to building compliance issues within their local government areas.

This loss of compliance levies is a significant impost on councils which will no doubt add to the considerable financial hardship many councils are experiencing. It is appropriate that Council join other councils and Local Government NSW in strongly responding to the Government's action and highlight the financial impacts of this change.

For Hornsby Council, this change represents a projected reduction in annual revenue of over $130,000. These funds support two permanent compliance officer positions within Council. The shortfall will need to be met by reducing Council’s compliance investigations and/or cutting investment in capital works, costing local construction jobs. Alternatively, support may need to be sought from the State Government for an increase in rates which would unreasonably transfer additional compliance cost associated with private development works to the community.

The State Government has publicly committed to fostering economic recovery by streamlining planning processes and reducing costs, which is welcomed and supported. However, the compliance levy is an opportunity to ensure adequate oversight and resourcing of statutory and regulatory responsibilities. Combined with current development contributions reforms agenda, removal of the compliance levy is yet another cut to local government funding without any reduction in demand.

Accordingly, it is appropriate that Council write to the Minister for Planning and Pubic Spaces to express Council’s disappointment at the changes to legislation with the effect of prohibiting councils from continuing to collect compliance levies. This change may have significant impacts on Council’s compliance services to the detriment of our community and environment.

RECOMMENDATION

THAT Council write to the Minister for Planning and Public Spaces to:

2. Note that Council will now be forced to review funding opportunities for its current compliance services with potential detriment to our community and environment.

3. Indicate the changes may restrict Council’s capacity to assist State Government compliance agencies in their investigations and enforcement within Hornsby Shire.

The Honourable Cr PHILIP RUDDOCK

Mayor

Attachments:

There are no attachments for this report.

File Reference: F2019/00118

Document Number: D08219015

Director's Report No. CS48/21

Corporate Support Division

Date of Meeting: 11/08/2021

3 SCHEDULE OF COUNCIL MEETINGS AND ORDER OF BUSINESS TO APPLY AT THOSE MEETINGS - SEPTEMBER 2021 TO SEPTEMBER 2022

EXECUTIVE SUMMARY

· In accordance with Clauses 3.2 and 8.1 of the Code of Meeting Practice, Council annually determines a schedule of meeting dates for the following year and the order of business to apply at those meetings.

· It is proposed that the practice of holding one General Meeting per month be maintained for 2021/22, with that Meeting to be held on the second Wednesday of each month (excluding January and the month of the Election); and that Workshop Meetings and informal Councillor Workshop/Briefings continue to be held on other Wednesdays of the month, with appropriate notice being provided as required.

· It is also proposed that the existing order of business be maintained for 2021/22.

RECOMMENDATION

THAT Council adopt:

1. The schedule of ordinary Council meetings for the period September 2021 to September 2022 as set out in Attachment 1 of Director’s Report No. CS48/21.

2. The order of business for the ordinary Council meetings to be held in the period September 2021 to September 2022 as set out in Attachment 2 of Director’s Report No. CS48/21.

PURPOSE

The purpose of this Report is to recommend a proposed schedule of ordinary Meeting dates for the period September 2021 to September 2022, and the order of business to apply at those meetings.

BACKGROUND

Council last considered its schedule of meetings and order of business at those meetings at the 9 September 2020 General Meeting – refer Director’s Report No. CS24/20. At the Meeting, Council decided to maintain the practice of holding one General Meeting per month with that Meeting to be held on the second Wednesday of each month (excluding January) and that Workshop Meetings and informal Councillor Workshops/Briefing sessions continue to be held as required, and with appropriate notice being provided, on the first, third, fourth and/or fifth Wednesdays of each month (except January).

DISCUSSION

Schedule of Meetings

In accordance with Clauses 3.2 and 8.1 of the Code of Meeting Practice, Council annually determines a schedule of ordinary Meeting dates for the following year and the order of business to apply at those meetings. Such determinations generally occur in September of each year.

Section 3.2(a) of Council’s Code of Meeting Practice states the following in respect of ordinary Meetings:

3.2(a) Ordinary Meetings of Council are defined as:

General Meetings which are held at 6.30pm on the second Wednesday of each month (excluding January) to consider all relevant matters.

Workshop Meetings which are held at 6.30pm on the first, third, fourth and/or fifth Wednesdays of each month as required (excluding January) to consider all relevant matters, especially those where a presentation by Council staff or an external person or organisation is required.

Whilst Workshop Meetings have been held irregularly over the last few Council terms, they have been a valuable resource for previous Councils, particularly where a matter to be dealt with was quite complex and a presentation by a consultant to Council and members of the public were deemed to be useful in the decision-making process. It is noted that informal Councillor Workshops/Briefings (where matters of interest are discussed but no decisions are able to be made) are held as required, generally on Wednesdays where a General or Workshop Meeting has not been scheduled.

A proposed schedule of General Meeting and Workshop Meeting dates for the period from September 2021 to September 2022 has now been drafted and is attached to this Report. The draft schedule of Meetings maintains the existing structure of one General Meeting per month, as well as providing for Workshop Meetings and informal Councillor Workshops/Briefings as required.

The Local Government Elections scheduled to take place on 4 September 2021 have been postponed and are now scheduled for the 4 December 2021. No General or Workshop Meetings will take place in the month of the Election, if the elections are delayed further due to the COVID-19 pandemic meetings will be held as outlined in Attachment 1.

Meeting dates which fall within school holiday periods have been marked with an asterisk* in the attached schedule.

Order of Business

A proposed order of business to apply at General and Workshop Meetings for the period from September 2021 to September 2022 has been drafted and is attached to this Report. The draft order of business maintains the existing structure with no changes proposed.

BUDGET

There are no budgetary implications associated with this Report.

POLICY

This Report has been prepared in accordance with the requirements of Council's Code of Meeting Practice and the Local Government Act and Regulations.

CONCLUSION

The existing schedule of holding one monthly General Meeting (except for January) is working well and the Council Meetings process appears to be running smoothly and efficiently. No Council meeting will take place in the month of the Local Government Election. The Election is scheduled on 4 December 2021, if the Election is delayed due to the COVID-19 pandemic, meetings will be held as outlined in Attachment 1. No change to the order of business to be conducted at those meetings is proposed.

RESPONSIBLE OFFICER

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

Stephen Colburt

Manager, Governance and Customer Service

Corporate Support Division

Glen Magus

Director - Corporate Support

Corporate Support Division

Attachments:

1.	Schedule of Council Meetings 2021-2022
2.	Order of Business at Council Meetings 2021-2022

File Reference: F2004/07032

Document Number: D08206024

Director's Report No. CS49/21

Corporate Support Division

Date of Meeting: 11/08/2021

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

EXECUTIVE SUMMARY

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

· Council last considered the required report at the General Meeting of 10 February 2021.

· This report covers the 12-month period from 1 July 2020 to 30 June 2021. Details are provided of expenditure grouped according to specific categories, summarised by individual Councillor and as a total for all Councillors.

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

RECOMMENDATION

PURPOSE

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

BACKGROUND

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

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

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

Council last considered a report on Councillors’ Expenses and Facilities at the 10 February 2021 General Meeting (Report No. CS3/21). In accordance with Section 15 of the Policy reporting takes place on a six-monthly basis. This Report includes expenses incurred in the 12-month period from 1 July 2020 to 30 June 2021.

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

Expense or facility	Maximum amount	Frequency
General travel expenses (other than travel associated with Conferences and Professional Development)	$5,034 total for all Councillors	Per year
Interstate, overseas and long-distance intrastate travel expenses	$0	Per year
Accommodation and meals	As per the NSW Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009, adjusted annually	Per meal/night
Professional development (includes associated travel and subsistence where applicable)	$30,205 total for all Councillors	Per year
Conferences and seminars (includes associated travel and subsistence where applicable)	$35,239 total for all Councillors (Increased to $49,584 in the years where the LGNSW Conference is held outside the Sydney metropolitan region.)	Per year
ICT expenses	$4,530 per Councillor $2,517 per Councillor	Per year (first year of election) Per year (following years of election)
Carer expenses	$2,014 per Councillor	Per year
Home office expenses (equipment and facilities other than stationery)	$302 per Councillor	Per year
Stationery	$3,020 total for all Councillors	Per year
Postage stamps	Provided by Council	Not relevant
Christmas or festive cards	$503 for the Mayor $503 total for all other Councillors	Per year
Access to facilities in a Councillor common room	Provided to all Councillors	Not relevant
Council vehicle and fuel card	Provided to the Mayor	Not relevant
One reserved parking space at Council offices One shared parking space at Council offices	Provided to the Mayor Shared by all Councillors	Not relevant
Furnished office	Provided to the Mayor	Not relevant
Number of exclusive staff supporting Mayor and Councillors	Provided to the Mayor and Councillors	Two
Spousal attendance at conferences	$1,007 for the Mayor $503 per Councillor	Per year
Attendance at non-Council functions	$1,007 for the Mayor $503 per Councillor	Per year

DISCUSSION

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

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

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

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

The table below provides the required information for the 12-month period from 1 July 2020 to 30 June 2021. Where an explanation or clarification is required about particular expenditures (marked with a * and ** in the table), comments are provided in the text following the table.

Notes:

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

** In supporting the expenditure of $3,435.44 for the replacement of ageing ICT equipment for Councillor Browne, it was recognised that no claim had previously been received for any ICT equipment in this or the previous term of Council. The combined allowance for ICT equipment and Mobile Phone and Data Plan that would have been available in the first year of this Council term has not been exceeded.

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

BUDGET

The categorisation and reporting of expenditure in respect of councillors’ expenses and facilities in the manner required and presented within this Report assists with the monitoring of expenses for that provision within Council’s adopted budget. The overall total expenses reported for the 12-month period from July 2020 to June 2021 of $21,147.52 is considerably less than the total budget provision for the financial year. All expenses have been approved as required by the General Manager or other staff under delegation.

POLICY

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

CONCLUSION

The Councillors’ Expenses and Facilities Policy requires details of expenditure and the provisions of facilities to Councillors, summarised by individual Councillor and expense category, as well as a total for all Councillors, to be presented to Council at an open meeting. The expenditure by Councillors for the period July 2020 to June 2021 is well within the budget provision and requirements of the Policy. This Report provides the relevant information as required by the Policy and ensures all statutory requirements are met.

RESPONSIBLE OFFICER

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

Stephen Colburt

Manager, Governance and Customer Service

Corporate Support Division

Glen Magus

Director - Corporate Support

Corporate Support Division

Attachments:

There are no attachments for this report.

File Reference: F2004/09552-02

Document Number: D08206279

Director's Report No. CS51/21

Corporate Support Division

Date of Meeting: 11/08/2021

5 INVESTMENTS AND BORROWINGS (PRE-AUDIT) FOR 2020/2021 - STATUS FOR PERIOD ENDING 30 JUNE 2021

EXECUTIVE SUMMARY

· This Report provides details of Council’s investment performance for the period ending 30 June 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 June 2.31% which includes a yield of 18.38% from TCorp Managed Funds.

· There is a 2020/21 financial year to date return of 1.87%. This relates to accumulated investment income of $5,500,899 which includes an unrealised gain of $1,803,084 from TCorp Managed Funds and an unrealised gain from Floating Rate Notes of $175,910.

RECOMMENDATION

That the contents of Director’s Report No. CS51/21 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 June 2021 is detailed in the attached document. In summary, the portfolio achieved an annualised return for June of 2.31% and year to date 1.87%.

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 5.89%. The Borrowings Schedule as at 30 June 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 June 2021 was $541,206 which includes an unrealised gain of $309,462 from TCorp Managed Funds.

Budgeted investment income year to date at 30 June 2021 is $5,239,939. Total investment income year to date at 30 June 2021 is $5,324,988 which includes a year to date net gain of $1,803,084 from TCorp Managed Funds.

Approximately 58.02% 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 on economic conditions. 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 June 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 Investment Summary Report June 2021 (Pre-audit)
2.	HSC Borrowings Schedule June 2021 (Pre-audit)

File Reference: F2004/06987-02

Document Number: D08207782

Director's Report No. CE18/21

Community and Environment Division

Date of Meeting: 11/08/2021

6 MINUTES OF COUNCIL ADVISORY COMMITTEES

EXECUTIVE SUMMARY

· In September 2020, Council resolved that future minutes of Council Advisory Committees be reported to Council on a quarterly basis.

· The Advisory Committees relevant to that Council decision are the Bushland Management Advisory Committee; Environmental Sustainability Advisory Committee; Hornsby Aboriginal and Torres Strait Islander Consultative Committee; and Hornsby Shire Heritage Advisory Committee.

· In the period since September 2020, those Advisory Committees have met on a number of occasions and copies of the Minutes (either draft or final) for each of the meetings are attached for Council’s information.

RECOMMENDATION

THAT the minutes of the meetings of Council’s Advisory Committees held during the period since September 2020 and attached to Director’s Report No. CE18/21 be received and noted.

PURPOSE

The purpose of this Report is to table the meeting minutes of Council’s Advisory Committees that have been held in the period since 9 September 2020.

BACKGROUND

At the 9 September 2020 General Meeting, Council considered Director’s Report No. CS25/20 – Councillor Representation on Committees, Working Parties and Other Relevant Groups – October 2020 to September 2021 – and resolved in part that the Core Terms of Reference for Council’s Advisory Committees provided as Attachment 2 to Director’s Report No. CS25/20 be amended to include a provision that the minutes of Council’s Advisory Committees be reported to Council on a quarterly basis.

DISCUSSION

In September 2020, when Council determined Councillor representation on its Committees, Working Parties and Other Relevant Groups for the period October 2020 to September 2021, it resolved that future minutes of Council Advisory Committees should be reported to Council on a quarterly basis.

For the purposes of the above resolution, Council’s Advisory Committees are the Bushland Management Advisory Committee (BMAC); Environmental Sustainability Advisory Committee (ESC); Hornsby Aboriginal and Torres Strait Islander Consultative Committee (HATSICC); Hornsby Shire Heritage Advisory Committee (HAC); and the Lower Hawkesbury Estuary Management Committee (LHEMC).

In the period since September 2020, the Advisory Committees have met on the following occasions:

· BMAC

o 22 September 2020

o 29 September 2020

o 24 November 2020

o 23 February 2021

o 8 June 2021

· ESAC

o 24 September 2020

o 15 October 2020

o 26 November 2020

o 4 February 2021

o 22 April 2021

· HATSICC

o 26 November 2020

o 25 February 2021

o 29 April 2021

o 23 July 2021

· HAC

o 1 September 2020

o 1 December 2020

o 2 February 2021

o 2 March 2021

o 6 April 2021

o 1 June 2021

o 6 July 2021

· LHEMC

o 8 December 2020

Copies of the Minutes (either draft or final) for each of the above meetings are attached for Council’s information.

BUDGET

There are no budgetary implications associated with this Report.

POLICY

The tabling of the minutes of Council’s Advisory Committees meets the requirements of Council’s 9 September 2020 resolution in respect of this matter.

CONCLUSION

This is the first report prepared as a consequence of Council’s 9 September 2020 requirement that the minutes of Council’s Advisory Committees be provided to Council on a quarterly basis. Due to the meetings of the Advisory Committees having different schedules, the opportunity has been taken to report on all meetings that have been undertaken since 9 September 2020.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Director Community and Environment Services – Steve Fedorow - who can be contacted on 9847 6541.

Stephen Fedorow

Director - Community and Environment

Community and Environment Division

Attachments:

1.	BMAC Minutes - September 2020 to June 2021
2.	ESAC Minutes - September 2020 to April 2021
3.	HATSICC Meeting Minutes - November 2020 to July 2021
4.	HAC Minutes - September 2020 to July 2021
5.	Lower Hawkesbury Estuary Management Committee Meeting Minutes - 8 December 2020

File Reference: F2005/01147-002

Document Number: D08212731

Director's Report No. CE19/21

Community and Environment Division

Date of Meeting: 11/08/2021

7 DRAFT DUAL NAMING AND/OR RENAMING OF COUNCIL FACILITIES POLICY

EXECUTIVE SUMMARY

· In September 2020, Council considered a Notice of Motion regarding Dual Naming of Existing Council Sites (NoM 14/20) and resolved in part to develop a policy for assessing naming or dual naming suggestions, in consultation and with the support of Council’s Hornsby Aboriginal and Torres Strait Islander Consultative Committee (HATSICC), local Traditional Aboriginal Elders and local language/knowledge-holders.

· A draft Dual Naming and/or Renaming of Council Facilities Policy (‘the draft Policy’) responding to this resolution has now been developed in consultation with HATSICC.

· The draft Policy encourages the use of local words of Aboriginal origin for naming or dual-naming proposals for Council facilities, with certain exceptions.

· The draft Policy articulates how Council will consider dual naming and/or renaming requests. In summary, upon receipt of such requests Council will seek the advice of local Traditional Owners and HATSICC before determining a position regarding the request.

· It is recommended that Council adopt the draft Policy for the purposes of public exhibition.

RECOMMENDATION

THAT Council adopt the draft Dual Naming and/or Renaming of Council Facilities Policy attached to Director’s Report No. CE19/21 for the purposes of public exhibition.

PURPOSE

The purpose of this Report is to is present for Council’s consideration the draft Dual Naming and/or Renaming of Council Facilities Policy.

BACKGROUND

Council has a history of Aboriginal naming of sites and facilities as evidenced by the naming of Wellum Bulla Materials Handling Facility at Mount Kuring-gai, the Wallarobba Arts and Cultural Centre at Hornsby and most recently the Warada Ngurang Community Nursery at Pennant Hills.

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

DISCUSSION

Hornsby Shire Council acknowledges Aboriginal and Torres Strait Islander peoples as the Traditional Owners of the land, and specifically the Darug and GuriNgai peoples as the Traditional Owners of this place we now call Hornsby Shire.

Following Council’s September 2020 resolution, officers have worked with HATSICC to develop a draft Dual Naming and/or Renaming Policy.

The draft Policy would give consideration, but not exclusively, to a name or word, from the Darug or GuriNgai Language Groups that recognises or describes:

· The historic flora or fauna of the area.

· A generic term for a geographical feature or landmark, an event, gesture or occupation of historical or contemporary relevance to place.

· A name that recognises an Aboriginal, or historic community event or connection.

The draft Policy articulates how Council will consider dual naming and/or renaming requests that are received in writing with supporting documentation. In summary, upon receipt of such requests Council will seek the advice of local Traditional Owners and HATSICC before determining a position regarding the request.

The draft Policy outlines that Council will not consider names that:

· Have similar spelling or sound or are already in use within Hornsby Shire and within 5 km in a neighbouring LGA as this may pose a risk to public safety and service delivery by emergency services providers.

· Relate to localities, towns, districts and suburbs or constructed features such as roads, streets, highways or bridges etc as these are governed by other authorities such as the NSW Geographical Names Board.

· Relate to Council facilities that are deemed war memorials.

The policy will be reviewed as required and revised accordingly and be aligned to the latest update of the Geographical Names Board Policy - Place Naming.

CONSULTATION

The Hornsby Aboriginal & Torres Strait Islander Consultative Committee, including local Traditional Owners were consulted in the development of the draft Policy.

Should Council adopt the draft Policy for the purposes of public exhibition, it would be exhibited for a period of 28 days via the following channels:

· Council’s website.

· Print advertisements in four local publications – the Bush Telegraph, the Hornsby Ku-ring-gai Post, Galston & Glenorie News and the Dooral Roundup.

· Inclusion in the September eNewsletter.

· Posting on Social Media.

BUDGET

There are no budgetary implications associated with this Report.

POLICY

This Report presents a draft Policy for Council consideration, which if adopted following public exhibition would establish a Policy position for Council regarding dual or renaming requests.

CONCLUSION

This Report and draft Policy has been prepared is in response to Council’s September 2020 resolution to develop a policy for assessing, naming or dual naming suggestions.

The draft Policy has been prepared with the support and assistance of local Traditional Owners and HATSICC and highlights Council’s ongoing commitment to the acknowledgement of the Shire’s Aboriginal Heritage, intrinsic connections and continuing relationships to Country. The draft Policy provides a framework where these links may be strengthened through dual naming and/or renaming of Council facilities.

It is recommended that Council adopt the draft Policy for the purposes of public exhibition.

RESPONSIBLE OFFICER

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

Cheryl Etheridge

Manager - Library and Community Services

Community and Environment Division

Stephen Fedorow

Director - Community and Environment

Community and Environment Division

Attachments:

Draft Dual Naming and/or Renaming of Council Facilities Policy

File Reference: F2005/01147-002

Document Number: D08214574

Director's Report No. PC12/21

Planning and Compliance Division

Date of Meeting: 11/08/2021

8 BYLES CREEK PLANNING STUDY

EXECUTIVE SUMMARY

· At its meeting on 12 August 2020, Council resolved that a Councillor workshop be held to discuss the implications of undertaking a review of planning controls for residential properties within the Byles Creek catchment. At a workshop on 7 October 2020, it was generally agreed that a report should be presented to Council seeking endorsement to progress a review.

· At its meeting on 9 December 2020, Council endorsed the progression of the Byles Creek Planning Study, subject to the project timeframe being amended so that staff use their best efforts to present the draft Study to the August 2021 Council meeting.

· Elton Consulting, in conjunction with Eco Logical Australia and AEC, were engaged in February 2021 to undertake the review and provide recommendations for improvements to planning controls for residential lands within the Byles Creek corridor.

· The preparation of the study involved a land use and environmental constraints assessment, an economic analysis and consultation with land owners, community groups and the wider community.

· The draft Byles Creek Planning Study has been completed within the requested timeframe and provides recommendations for amendments to planning controls to strengthen environmental protection and increase community education and awareness.

· It is recommended that Council endorse the draft Study for public exhibition.

RECOMMENDATION

THAT:

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

PURPOSE

The purpose of this report is to present the draft Byles Creek Planning Study to Council for endorsement for exhibition.

BACKGROUND

At its meeting on 12 August 2020, Council considered and noted the findings of the Byles Creek Catchment Land Acquisition Strategy Review. It was resolved (in part) that a Councillor workshop be held to discuss the aim, scope, timing and resource implications of undertaking a review of planning controls to protect the environmental qualities of residential properties adjoining open space lands within the Byles Creek catchment.

At a Councillor workshop on 7 October 2020, it was generally agreed that a report should be presented to Council seeking endorsement to progress a review of the planning controls for residential lots adjoining the Byles Creek corridor as a priority with funding allocated from monies held from the sale of 179 Beecroft Road, Cheltenham to undertake the study.

A study brief was prepared and presented to Council at its meeting on 11 November 2020. Council considered Director’s Report No. 23/20 and resolved that:

1. Council endorse progression of the Byles Creek Planning Study in accordance with the Study Brief attached to Report No. LM15/20.

2. Restricted asset funds from the sale of 179 Beecroft Road, Cheltenham be used to fund consultant input and the allocation of an additional temporary Strategic Planner for a period of 12 months.

Following the Council meeting, a rescission motion was lodged to allow further consideration and potential amendments to the Study Brief. At its meeting on 9 December 2020, Council considered Rescission Motion No. 1/20 and resolved that:

1. Council endorse progression of the Byles Creek Planning Study in accordance with the Study Brief attached to Rescission Motion No. RM1/20, subject to the project timeframe being amended so that staff use their best efforts to present the Draft Study to the 11 August 2021 General Meeting.

2. Restricted asset funds from the sale of 179 Beecroft Road, Cheltenham be used to fund consultant input and the allocation of an additional temporary Strategic Planner for a period of 12 months.

In accordance with Council’s resolution, the planning study has been prepared. At a workshop with Councillors on 23 June 2021, there was general agreement that the draft Study be presented to Council at the August Meeting for endorsement for public exhibition.

DISCUSSION

Elton Consulting, in conjunction with Eco Logical Australia and AEC, were engaged in February 2021 to undertake the review.

The purpose of the draft Study is to review the suitability of the current planning controls for residential lands in protecting the environmental qualities of the Byles Creek corridor area. The Study aims to identify opportunities to minimise the impact of development on the corridor and provide recommendations for improvements to planning controls to protect the environmental, social and aesthetic qualities of the area.

The findings and recommendations of the Study (once adopted) are intended to inform amendments to the Hornsby Local Environmental Plan (HLEP) 2013 and Hornsby Development Control Plan (HDCP) 2013.

The draft Study is structured as follows:

· Chapter 1 Executive Summary – includes a high-level overview noting the objectives, the environmental, social and aesthetic significance of the Byles Creek area, the environmental opportunities and constraints of the Study Area, stakeholder consultation outcomes, local planning framework context and recommendations of the Study.

· Chapter 2 Purpose of this Planning Study – provides the reasoning for undertaking the Study, including the importance of corridor in context of the broader Hornsby Shire and the planning controls employed to achieve a desired environmental outcome.

· Chapter 3 About the Byles Creek Planning Study – outlines the method for the progression of the Study, the Study Area boundaries, the stakeholder engagement process including a summary of outcomes, and the background of previous related studies undertaken by Council.

· Chapter 4 Valuing the Byles Creek Corridor – considers research into the value of biodiversity corridors and connectivity within urban environments, identifies how these corridors and connections support the diversity of flora and fauna species within the Shire and the Greater Sydney Metropolitan Area more broadly, and analyses the importance of biodiversity on private land. The heritage significance of Marie Byles is also discussed.

· Chapter 5 Existing Landscape – summarises the land use and environmental constraints of the Byles Creek Corridor identified by Eco Logical Australia, and forms the evidence base for recommended changes to planning controls.

· Chapter 6 Strategic Policy Framework – provides an overview of the strategic policy framework, including regional/local strategies and plans, that provide support for the protection of environmental values in Hornsby Shire.

· Chapter 7 The Planning Framework – outlines the relevant sections of the NSW planning framework which shows a strong emphasis on biodiversity, connectivity and green infrastructure, along with enhanced protection of remnant bushland in urban environments.

· Chapter 8 Best Practice Case Studies – summarises key considerations for Council with regards to several best practice case studies of planning mechanisms employed by councils in similar local government areas.

· Chapter 9 The Current Situation – includes a high-level summary of the existing and current key issues (i.e. fragmentation, significant vegetation removal) facing the study area.

· Chapter 10 Evaluation of the Opportunities – evaluates the work undertaken during the Study, including policies, planning framework, existing studies, best practice case studies and identified environmental constraints and opportunities of the Byles Creek corridor and several potential opportunities for planning control changes.

· Chapter 11 Recommendations – based on the analysis of the evidence formulated, recommendations are provided for Council’s consideration (discussed in further detail below under the heading Recommendations).

· Chapter 12 Economic Considerations – summarises the analysis undertaken by AEC on the potential economic and development implications of implementation of the proposed recommendations outlined under Chapter 11.

· Chapter 13 Conclusion – outlines the findings and recommendations from the Study with proposed next steps for Council to proceed.

· Appendix A Site Constraints and Opportunities Analysis – a report which forms part of the evidence base of the Study. Prepared by Eco Logical Australia, it identifies, maps and analyses environmental constraints within the study area.

· Appendix B Economic Implications Analysis - analysis of the potential economic and development implications of implementation of the proposed recommendations, prepared by AEC.

· Appendix C Consultation Outcomes Report – a report presenting the methods of preliminary community input into the Study and analysis of themes that emerged from the consultation process.

Recommendations

The draft Study includes detailed recommendations for changes to planning controls and education/awareness initiatives to enhance environmental protection. The key recommendations are summarised as follows:

1. Implement Environmental zoning

It is identified that the study area encompasses unique environmental characteristics and constraints that align with the objectives of the E4 Environmental Living zone, which include land with special environmental or scenic values that may accommodate low impact residential development. The Study recommends rezoning the R2 Low Density land within the study area to the E4 Environmental Living zone to allow environmentally sustainable and low impact development (such as dwellings and alterations and additions).

2. Preclude subdivision

The Study recommends increasing the minimum lot size in the study area to 40 hectares, to restrict further opportunities for subdivision.

It is noted that increasing the minimum lot size to 40 hectares would align with the E4 zone objectives to enhance and protect special environmental characteristics and would ultimately preclude further subdivision within the Byles Creek corridor. The proposed 40ha minimum lot size would be consistent with other areas of the Shire zoned E4.

3. Strengthen objectives of the minimum lot size clause of Hornsby LEP 2013

An amendment to the objectives of Clause 4.1 Minimum Lot Size in the HLEP is recommended. Adding objectives which specify environmental matters for consideration, including bushfire constraints, protection of remnant bushland and stormwater and biodiversity management would assist strengthen the assessment of environmental values in evaluating development applications.

4. Supporting riparian corridors in Byles Creek

A new local provision clause is recommended to be included in the HLEP for Riparian Lands that would seek to protect and maintain the ecological habitat accommodated by the waterways and associated riparian corridors with Byles Creek and surrounding Study Area.

The new local provision would be supported by riparian corridor mapping consistent with the best practice guidelines lines for riparian corridors administered by the NSW Office of Water and would prescribe Core Riparian Zones (CRZs) in accordance with the Strahler stream order classification system. It is recommended that any such clause, mapping and CRZs be reflected in associated parts of Hornsby DCP.

5. Engaging the community

It is acknowledged that increasing community awareness and fostering a sense of ownership and personal connection with the natural environment in the Byles Creek corridor are important to achieving a positive social outcome and community “buy-in’ for any planning control changes. Community engagement programs and educational initiatives are recommended to be undertaken in parallel with any changes to planning controls, such as the preparation of guidelines and informative material, interpretive signage, community workshops and encouraging responsible ownership of domestic animals.

This recommendation aligns with the priorities and actions in the Hornsby Local Strategic Planning Statement, as well as other key strategic documents endorsed by Council including Sustainable Hornsby 2040 and the Biodiversity Conservation Strategy.

CONSULTATION

Consultation is discussed below in terms of community engagement undertaken in preparation of the Study and as proposed for the exhibition of the Study.

Preliminary Consultation

Stakeholder consultation was undertaken during the preparation of the Study in May 2021. A Discussion Paper was exhibited on Council’s website, along within an online survey and FAQs. Participants included residents from within the Study Area, community group representatives, environmental agencies and the broader community.

One-on-one online feedback sessions were offered to property owners within the Study Area and community interest group representatives.

The feedback from the preliminary stakeholder consultation has been considered by the consultant team in preparing the draft Study. The methods of consultation and analysis of feedback is included in Appendix C of the Study.

Public Exhibition of the draft Byles Creek Planning Study

It is recommended that the draft Study be placed on public exhibition for a period of two months to seek community feedback on the recommendations.

The community would be informed about the Study and recommended changes to panning controls through the following channels:

· Advertisement on Council’s website noticeboard – Have Your Say.

· Council’s eNewletter.

· Council’s Facebook Page.

· Letters/email to all people who have registered for updates on Council’s ‘Have Your Say’ page prior to the initial community engagement stage.

· Letters/emails to all people who have participated in any of the following engagement activities during the preliminary consultation for the draft Study:

o Completed an online survey.

o Participated in a one-on-one online feedback session.

o Made a written submission.

o Letters/emails.

o Property owners within and adjoining the Study Area.

o Community groups including Byles Creek Valley Union, Beecroft Cheltenham Civic Trust, Pennant Hills District Civic Trust, Save Beecroft Cheltenham Alliance, Powerful Owl Coalition and Birdlife Australia.

Following exhibition, a report would be presented to Council summarising the community feedback for consideration of next steps. Given the delay in the local government elections to December 2021, it is anticipated that the report on submissions would be presented to the new Council in early 2022.

BUDGET

The costs associated with the preparation of the Byles Creek Planning Study are covered by the restricted asset funds from the sale of No.179 Beecroft Road, Cheltenham.

Implementation of recommendations of the Study would occur through the development of Council’s next Delivery Program, annual budget and Operational Plan. This would be subject to the strategic priorities of Council and the availability and allocation of resources by Council.

Should Council wish to prioritise the implementation of the recommendations, including amendments to the HLEP or DCP, a report would be required to be presented to Council outlining the scope, financial and resource implications associated with preparing a Planning Proposal.

POLICY

The Study will inform future amendments to the HLEP and DCP for the study area. Any recommended changes to the HLEP or DCP (if adopted after exhibition) would require further reports to Council and public exhibition of the proposed changes.

CONCLUSION

This report presents the draft Byles Creek Panning Study prepared by Elton Consulting, in conjunction with Eco Logical Australia and AEC.

The draft Study identifies the unique environmental, social and aesthetic qualities of residential lands in the Byles Creek corridor, analyses the suitability of the current planning controls in maintaining these unique qualities and formulates recommendations for amendments to statutory controls to achieve better planning outcomes for the environment in the Byles Creek corridor.

It is recommended that the draft Byles Creek Planning Study be placed on public exhibition in accordance with the consultation strategy outlined in this Report.

RESPONSIBLE OFFICER

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

Katherine Vickery

Manager - Strategic Landuse Planning

Planning and Compliance Division

James Farrington

Director - Planning and Compliance

Planning and Compliance Division

Attachments:

Byles Creek Planning Study

File Reference: F2020/00288

Document Number: D08193382

Director’s Report No. PC13/21

Planning and Compliance Division

Date of Meeting: 11/08/2021

9 REPORTING VARIATIONS TO DEVELOPMENT STANDARDS

EXECUTIVE SUMMARY

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

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

RECOMMENDATION

THAT the contents of Director’s Report No. PC13/21 be received and noted.

PURPOSE

The purpose of this report is to advise Council of determined development applications under delegated authority involving a Clause 4.6 variation to a development standard for the period 1 April to 30 June 2021.

DISCUSSION

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

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

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

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

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

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

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

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

In accordance with Point 3 of the Department Circular, attached is a list of development applications determined between 1 April 2021 to 30 June 2021.

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

BUDGET

There are no budget implications.

POLICY

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

CONCLUSION

Council is required to monitor the manner in which development standards are being varied. This assists in determining whether changes are required to relevant standards. This report provides advice to Council on standards varied under delegated authority which relied upon Clause 4.6 of the HLEP during the reporting period from1 April 2021 to 30 June 2021.

RESPONSIBLE OFFICER

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

James Farrington

Director - Planning and Compliance

Planning and Compliance Division

Attachments:

Clause 4.6 Returns - 1 April 2021 to 30 June 2021

File Reference: F2004/07599-02

Document Number: D08205933

Director's Report No. PC4/21

Planning and Compliance Division

Date of Meeting: 11/08/2021

10 ONSITE SEWAGE MANAGEMENT SYSTEMS

EXECUTIVE SUMMARY

· This report presents the draft Hornsby Shire Council On-Site Sewage Management System Policy for public exhibition.

· The draft Policy relates to all properties within the Shire that contain an on-site system of sewage management as defined by the Local Government Act 1993, where sewage is not directly discharged to a public sewer and for those systems not licensed and/or regulated by the NSW Environment Protection Authority (EPA).

· The draft Policy has been prepared to fulfil Council’s regulatory responsibilities pursuant to the Local Government Act 1993 in the assessment and approval of licences for the installation and operation of on-site sewage management systems and to provide a framework to audit these systems to protect the public and natural environment.

· The draft Policy proposes a seven-year renewal period for Approval to Operate licences. For Council to be satisfied that systems are operating effectively, audits of all systems are proposed to be undertaken within the seven-year period to ensure compliance with Approval to Operate licence conditions.

· To fulfil the requirements of the Policy, including the system audits and the administrative functions associated with the issuance of licences, an annual levy to all on-site sewage management system owners is proposed to be charged in accordance with Council’s adopted Fees and Charges.

· It is recommended that Council endorse the draft On-Site Sewage Management System Policy for public exhibition.

RECOMMENDATION

THAT:

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

PURPOSE

The purpose of this report is to seek Council’s endorsement to publicly exhibit the draft Hornsby Shire On-Site Sewage Management System Policy.

BACKGROUND

On-site sewage management involves the treatment of wastewater followed by the release of liquid (treated wastewater) and solid (sludge, septage and compost) products into the environment or removal by tanker pump-out.

There are approximately 2,800 on-site sewage management and greywater systems operating across the Shire, consisting of septic systems (approximately 53%), aerated wastewater treatment systems (approximately 36%), and biological filter systems, composting systems and greywater systems (approximately 11%).

The installation and operation of on-site sewage management systems are prescribed activities which require Council approval, pursuant to section 68 of the Local Government Act 1993 (the “Act”).

The Local Government (General) Regulation 2005 (the “Regulation”) details matters to be taken into consideration when determining applications for the installation and operation of on-site sewage management systems. The Regulation also prescribes the performance standards local councils must consider for the ongoing operation of these systems, including the protection of public health, environment and the amenity of premises and surrounding lands.

The Regulation also requires councils to consider any directions or guidelines issued by the Director General, including the Environment & Health Protection Guidelines – On-site Sewage Management for Single Households, which encourages councils to implement a wastewater strategy for systems in their local government area.

At its meeting on 12 June 2019, Council resolved to discuss updating and renewing Council’s inspection of river properties for compliance with relevant standards relating to sewage and stormwater discharge into the Hawkesbury River and estuaries, taking into consideration:

a) How an education and awareness program should precede a program of compliance inspections including how community engagement and support can be established.

b) The resource and funding implications including potential grants or other income sources that can support this program.

Subsequent discussions were held with members of the Berowra Waters Progress Association regarding the facilitation of a wastewater education and awareness program. As a result, Council conducted two information drop-in sessions in February and March 2020 for riverside residents to increase system owners’ awareness of the proper operation of sewage and greywater systems, outline their wastewater responsibilities, and discuss potential environmental impacts from defective systems.

Thirty-one riverside residents attended the sessions with feedback indicating there was a low level of awareness of how on-site sewage management systems should be operated or maintained. Many attendees were unaware of the conditions of approval issued by Council for the ongoing operation of such systems. Discussions also indicated a low level of understanding of the potential environmental, public health and community impacts of improper use or maintenance of wastewater systems.

The draft On-Site Sewage Management System Policy has been prepared to set a licensing and audit framework for sewage management systems throughout the Shire to ensure system owners are aware of their responsibilities for system operation to protect the natural environment and public health.

At a workshop with Councillors on 23 June 2021, there was general agreement that the draft Policy be presented to Council at the August Meeting for endorsement for public exhibition.

DISCUSSION

This report outlines the purpose, benefits, application and resource implications of implementing an on-site sewage management system policy.

Need for an On-Site Sewage Management System Policy

Councils are required under the Act to issue licences for the installation and ongoing operation of on-site sewage management systems. In accordance with the Act, a resolution of the Council is required if the licensing of on-site sewage management systems varies from a five-year approval. The draft On-Site Sewage Management System Policy recommends licence renewals not exceed seven years. This licensing period is discussed in further detail below.

The draft On-Site Sewage Management System Policy provides a practical framework for Council officers to licence, regulate and undertake audits of on-site sewage management systems to protect human health and the natural environment from defective or failing systems.

Environmental, public health and economic considerations

A combination of poor system operation and management and a lack of awareness of the impacts of defective systems can result in on-site sewage management system failure. These failures have the potential to affect public health, the local economy and our natural environment. In this regard, it is essential system owners and residents are aware and directly responsible for the use of their wastewater systems and understand the potential impact on public health and the environment.

Appropriate system operation minimises the potential for the following adverse impacts:

· Spread of disease by bacteria, viruses, parasites and other organisms in wastewater.

· Surface water and groundwater contamination.

· Pollution of waterways, which may result in the contamination of oyster harvesting and other commercial business operations.

· Degradation of soil and vegetation.

· Decreased community amenity caused by odours, noise and insects.

Contamination from faecal bacteria in waterways creates a direct risk to public health, particularly in freshwater creeks where bacteria persists for longer in the environment. Bacterial contamination also poses a direct risk to public health in estuarine areas used for recreational swimming and commercial oyster growing.

Elevated nutrient concentrations, particularly nitrogen and phosphorus, as well as increased bacteria levels are evident in waterways associated with communities that rely on on-site sewage management systems. Although nutrients are essential for the growth of aquatic plants and phytoplankton that sustain ecosystems, elevated nutrient levels can also encourage the growth of weed species and cause an increase in microalgal productivity causing algal blooms.

As detailed in the Hornsby Shire Council Waterway Health Review (1995-2017), problematic algal blooms continue to occur in the estuarine areas of the lower Hawkesbury River, and of note, Berowra Creek, impacting on the use of waterways for fishing, swimming and other recreational pursuits.

Approval from the NSW Food Authority for oyster farmers to undertake direct harvest from the Hawkesbury River without the need for depuration relies on the effective operation of on-site sewage management systems. The application of the proposed licensing and audit program would provide significant support for the 15 active oyster businesses currently operating in the Hawkesbury, given the industry annually produces more than 60,000 dozen oysters for human consumption.

Further, the establishment of an On-Site Sewage Management System Policy, underpinned by effective licensing, audits, monitoring and community education, would assist Council in delivering key outcomes identified in Council’s Water Sensitive Hornsby and Biodiversity Conservation Management Plan. The Policy would enable a strong focus on water management and support safe communities and healthy, clean rivers and creeks whilst delivering a holistic approach to water management in meeting the challenges of population growth.

Seven (7) year licensing and audit program

Council has been auditing on-site sewage management systems for over two decades, with many systems operating in a safe and sanitary manner. As a result of this, a seven-year licensing and audit cycle has been identified as appropriate.

In situations where a system has been identified as nearing the end of its life span or has failed, a lesser licensing period may be appropriate and would be stipulated.

Requirements for a licence to operate a septic system

Landowners operating an on-site sewage management system are legally required to hold a current operating licence issued by Council. The main purpose of the operating licence is to detail the public health and environmental standards required to be achieved by system owners and to enable Council to systematically use its regulatory powers, including the issuance of Directions and Orders, where necessary. The granting of an operating licence ensures:

· Landowners are aware of relevant sewage management performance standards for their system.

· Accountability is established between landowners and Council.

· Council can identify, monitor and manage individual sewage pollution sources and their local and cumulative impacts on public health and the environment.

Areas of the Hornsby Shire included in the Policy

The Policy would apply to all properties that contain an on-site sewage management system. This includes all systems where sewage cannot be directly discharged to a public sewer, and those which are not specifically licensed and/or regulated by the NSW Environment Protection Authority (EPA).

Implications for properties with underground sewage collection tanks connected to the Sydney Water Pressure Sewerage System under the licensing and audit program

Properties in Galston, Glenorie, Brooklyn, Dangar Island, Mount Kuring-gai and Cowan that have connected to Sydney Water’s sewer line via a Pressure Sewerage System do not require an inspection or licence by Council.

Although pressure sewerage systems are located on private property, their equipment, including the underground collection tank, is owned and regulated by Sydney Water. Property owners who are connected to the Sydney Water sewer by a Pressure Sewerage System pay annual wastewater service fees for their sewer connection. The service fees enable Sydney Water to carry out inspections of the Pressure Sewerage System equipment as part of their ongoing maintenance and safety program.

All landowners are charged a fee for the management of their sewage. For example, Sydney Water charges landowners approximately $550 annually for the use of its sewer system, which includes those properties and landowners that are connected to the Sydney Water Pressure Sewerage System.

With respect to on-site sewage management systems, system owners are required to comply with the requirements of Council-issued Approval to Operate licences and Council must be satisfied that systems are being properly maintained in accordance with the licence requirements.

Under the principle of “user pays”, an annual levy is proposed to ensure that adequate resources are available to fulfil Council’s legal requirements to ensure all landowners have a valid licence and to enable Council’s officers to undertake audits of all systems.

Operation of Council’s on-site sewage management audit program

Approval to Operate licences for systems in the Shire have either expired or are nearing expiration. Accordingly, audits of all on-site sewage management systems would be undertaken sequentially based on their level of risk to the environment and public health, over a seven-year period. Systems are defined as either high, medium or low risk as follows:

High risk systems (approximately 300 systems)

High risk systems are generally defined as those systems located in close proximity to recognised recreational swimming, oyster harvest areas or oyster lease areas.

Medium risk systems (approximately 1500 systems)

Medium risk systems are generally defined as those systems not located in close proximity to recognised recreational swimming, oyster harvest areas or oyster lease areas, and those systems that are not defined as Aerated Wastewater Treatment Systems.

Low risk systems (approximately 1000 systems)

Low risk systems are generally defined as those systems that use sensitive biological agents and chemical processes to produce a higher quality effluent than a standard septic tank. These systems are commonly known as Aerated Wastewater Treatment Systems (AWTS) and have been identified as low risk given the required regular inspections and maintenance of the systems in accordance with the requirements of NSW Health.

Approximately 400 audits would be undertaken annually, with high risk systems to be audited at the commencement of the seven-year program, followed by medium risk systems and low risk systems. Council would also prioritise inspections of systems where complaints are received, or property owners request an inspection.

In situations where Council’s audit identifies that a system has failed and/or has the potential to cause significant environmental pollution or impact to public health, the risk level for a system may be re-evaluated. Further, in these scenarios it may be deemed appropriate for Council to issue a lesser licensing period.

Where Council’s inspection reveals a defective or failing system, Council would work with the system owner to rectify the defects. In instances where failing systems are identified as causing an immediate pollution incident or system owners do not cooperate with Council’s requests to repair a system, Notices and Orders may be required to be issued pursuant to the Protection of the Environment Operations Act 1997 or Local Government Act 1993, to rectify defective systems and/or stop a pollution incident.

Notification of property owners of Council inspection of systems

Property owners would be given notification in writing of Council’s intention to inspect their on-site sewage management system. If an owner wishes to be present at the time of Council’s inspection, they would be given an opportunity to contact Council and arrange a mutually suitable time for the inspection to take place during business hours.

When a Council Officer attends a property and is unable to gain access to an on-site sewage management system or complete an inspection, the property owner would be contacted, and a suitable time arranged for the inspection to be completed.

Draft On-Site Sewage Management System Policy

The draft On-Site Sewage Management System Policy is attached to this report. The purpose of the Policy is to fulfil Council’s regulatory responsibilities pursuant to the Local Government Act 1993 in the assessment and approval of licences for the installation and operation of on-site sewage management systems and aims to provide a framework for the licensing of such systems.

The Policy includes a seven-year licensing and audit program of all on-site sewage management systems. Approval to Operate licences would be valid for seven years and an audit of all systems would be undertaken within this period to ensure compliance with licence conditions.

The Policy details that audits would be undertaken sequentially based on their level of risk to the environment and public health, and in situations where a defective system or environmental pollution or public health risk was identified, the risk level for the system may be re-evaluated and/or a lesser licensing period be issued.

The Policy would replace Council’s previous 2010-2012 Onsite Sewage Management Strategy and return to a more proactive auditing regime for on-site sewage management systems within the Shire. Since the lapse of the 2010-2012 Strategy, and in response to the allocation of resources to equally address the range of regulatory compliance matters carried out by Council, a reactive inspection program for on-site sewage management systems has been conducted over recent years. Notwithstanding, Council continued to meet its statutory obligations through the issuance of Approval to Operate licences every three years to all system owners. The majority of licences expired in 2018 during period of preparation of the draft Policy. However, some system licences were further renewed after this date for a further three years and charged an associated administration fee in accordance with Council’s adopted Fees and Charges.

Council’s draft Policy includes information similar to Council’s previous Strategy, including applicable legislation and guidelines, system inspection frequency and fee structure. Information relating to enforcement action able to be taken by Council officers has not been included within the draft Policy as officers have delegated authority to take such action where necessary in accordance with relevant legislation.

Relevant guidance material and legislation would also be included within Frequently Asked Questions (FAQs) that would form part of the public exhibition and would be maintained on Council’s website should the Policy be adopted. The FAQs are attached to this Report.

CONSULTATION

Subject to Council endorsement, it is recommended that the draft On-Site Sewage Management System Policy be placed on public exhibition for a period of 60 days. The exhibition would be publicised through the following channels:

· Advertisement on Council’s website, on the ‘Have Your Say’ page linking to a page with further information and Frequently Asked Questions.

· Posts to Council’s Facebook Page – included in Have Your Say posts promoting items currently on exhibition and a dedicated post during the exhibition period.

· Letters to all property owners who have a wastewater system in the Shire (~2,800).

· Inclusion in newspaper advertisements for rural areas (Bush Telegraph, Galston and Glenorie News, Dooral Roundup).

· Monthly eNews – inclusion in Have Your Say tile with items currently on exhibition.

BUDGET

The implementation of the proposed Policy would have resource implications for Council. On a full cost recovery basis, in which approximately 400 inspections are proposed annually, the fee for providing the wastewater licensing and audit program would be $125,000 per annum. This fee is calculated based on the cost of employment an additional Environmental Health Officer and part-time Administration Officer.

An annual levy is proposed to apply to all owners of on-site sewage management systems to cover the cost of administering the Policy. The levy would come into effect in accordance with Council’s adopted Fees and Charges should Council endorse the Policy following exhibition and consideration of a report on submissions.

Should Council be of a mind to reduce the levy to landowners, consideration would need to be given to the reduction of other services or allocation of funds from other projects with a similar budget.

POLICY

The contents of this report concern the draft Hornsby Shire Council On-Site Sewage Management System Policy. Should the Policy be adopted after consultation with the community, it would inform Council’s approach to the regulation of systems within the Shire.

CONCLUSION

The draft Hornsby Shire Council On-Site Sewage Management System Policy was prepared ensuring that it complies with the legislative requirements of the Local Government Act 1993 and Local Government (General) Regulation 2005.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is Manager, Regulatory Services - Nichola Clarke, who can be contacted on 9847 6668.

Nichola Clarke

Manager Regulatory Services

Planning and Compliance Division

James Farrington

Director - Planning and Compliance

Planning and Compliance Division

Attachments:

1.	Draft On-Site Sewage Management System Policy
2.	Draft On-Site Sewage Management System Policy Frequently Asked Questions (FAQs)

File Reference: F2004/09495

Document Number: D08069165