Supplementary Agenda of General Meeting - Wednesday, 14 December 2022

Community and Environment Division

Date of Meeting: 14/12/2022

ITEM 8

CE19/22 - Mark Taylor Oval Indoor Cricket Centre Lease

Additional information with NO CHANGE to Recommendation

Since the publication of Director’s Report No. CE19/22, it has been identified there was a further submission provided by the Northern Districts Cricket Club regarding the proposed lease clauses relating to profit rent.

In their submission NDCC have indicated the following:

“The Club has expressed in lease discussions the belief that the profit rent split should go to cricket in the Shire.

While we still feel the same way we understand there may be some complications in the approval process that might make this clause to be problematic. We are also aware that the funds may have a lower than desired impact in the operating environment of Council’s budget.

In the interests of moving forward, and enabling the lease to be ratified, the Club is prepared to agree to an alternative of foregoing this restriction on the direction of the funds in exchange for the extension of the rent-free period to twelve months.”

It is noted that he originally agreed rent free period was for a period of six months, which was negotiated whilst NDCC maintained their request for the added profit rent clause. Should Council be disinclined to support NDCC’s request for the inclusion of such a clause, it would need to turn its mind to NDCC’s more recently expressed request for a 12 month rent free period in lieu.

Subject to Council’s position on this matter, the attached lease will need to be amended and reflected in the resolution.

RECOMMENDATION

THAT:

1. Council confirm its support to enter into a 21 year lease with Northern District Cricket Club to occupy and operate the Mark Taylor Oval indoor cricket centre.

2. Council determine its position regarding Northern Districts Cricket Club’s requested amendments to the draft lease relating to the rent review process and use of profit rent.

3. Subject to point 2 above, Council endorse the lease agreement attached to Director’s Report No. CE19/22.

4. Council give notice of the proposed lease for 28 days which includes website, signage at the site, and adjoining properties.

5. Subject to receiving no submissions objecting to the lease proposal, the terms generally outlined in Director’s Report No. CE19/22, and any changes recommended by Council’s legal advisers, Council delegate authority to the General Manager to sign the agreement attached to Director’s Report No. CE19/22.

6. Where any objections are received, a report be prepared for Council’s consideration regarding the matters raised and what action may then be taken.

7. Council agree to the creation of easements for OSD and drainage over Lot 30 DP 1273248 being land within Waitara Park.

8. Council authorise the use of Council’s seal on any legal, survey or other documents directly related to creation of the easements as deemed appropriate by Council’s legal advisors.

David Sheils

Manager - Parks Trees and Recreation

Community and Environment Division

Stephen Fedorow

Director - Community and Environment

Community and Environment Division

Attachments:

There are no attachments for this report.

File Reference: F2022/00270

Document Number: D08550939

Planning and Compliance Division

Date of Meeting: 14/12/2022

ITEM 11

PC25/22 - Agritourism Planning Reforms

Additional information with NO CHANGE to Recommendation

An enquiry has been received concerning Council’s adopted position on the Rural Lands Study and recommendations.

Page 3 of Director’s Report No. PC25/22 Agritourism Planning Reforms states that “at its meeting on 8 June 2022, Council resolved to adopt the RLS and endorse the recommendations set out in Implementation Action Plans A (short term) and B (long term)”. There is also a reference in the Executive Summary that the RLS was adopted by Council in June 2022.

For clarity, Council’s adopted position is that the Rural Lands Study has been finalised and Implementation Action Plan A endorsed. A further workshop with Councillors is anticipated to be held in early 2023 to consider progression of the recommendations in Implementation Action Plan B. The exact wording of Council’s resolution concerning Director’s Report No. PC8/22 on 8 June 2022 was that (emphasis added):

1. Council finalise the Rural Lands Study and publish the Rural Lands Strategy, Rural Lands Study Background Report and Feedback Summary Report on Council’s website.

2. Council endorse the recommendations set out in Implementation Action Plan A – Short Term Recommendations which include new land uses in rural zones and general recommendations of the Study.

3. An informal Council workshop be held to consider the progression of recommendations requiring strategic investigations as set out in Implementation Action Plan B – Long-Term Recommendations, including consideration of priorities, resources and funding.

4. Submitters be advised of Council’s decision.

The referenced statements in Director’s Report No. PC25/22 are intended to provide background context to the overall Rural Lands Study and the above clarification does not change the analysis of the Agritourism Reforms (which relate to Implementation Action Plan A) or the recommendations of the report.

Accordingly, there is no change to the recommendation.

RECOMMENDATION

THAT:

1. Council write to the Department of Planning and Environment to nominate:

a) Inclusion of the C3 Environmental Management zone as a zone in which farm experience premises and farm gate premises are permitted with development consent.

b) Adoption of the optional clauses for farm gate premises and farm stay accommodation (including an additional objective related to natural hazards as outlined in Director’s Report PC25/22) to be included in the Hornsby Local Environmental Plan 2013.

2. An amendment to the Hornsby Development Control Plan 2013 be drafted to provide development controls for the new agritourism land uses.

Katherine Vickery

Manager - Strategic Landuse Planning

Planning and Compliance Division

James Farrington

Director - Planning and Compliance

Planning and Compliance Division

Attachments:

There are no attachments for this report.

File Reference: F2018/00162#04-002

Document Number: D08552612