BUSINESS PAPER
General Meeting
Wednesday 11 December 2024
at 6:30 PM
Hornsby Shire Council Table of Contents
Page 0
TABLE OF CONTENTS
AGENDA AND SUMMARY OF RECOMMENDATIONS
Rescission Motions
Mayoral Minutes
ITEMS PASSED BY EXCEPTION / CALL FOR SPEAKERS ON AGENDA ITEMS
GENERAL BUSINESS
Office of the General Manager
Item 1 GM55/24 Review of Council's Delegations and Power of Attorney to the General Manager................... 1
Item 2 GM60/24 Community Engagement Strategy 8
Corporate Support Division
Item 3 CS61/24 Investments and Borrowings for 2024/2025 - Status for the Period Ending 31 October 2024......... 12
Item 4 CS62/24 Pecuniary Interest and Other Matters Returns - Disclosures by Councillors............. 15
Community and Environment Division
Nil
Planning and Compliance Division
Item 5 PC19/24 Report on Submissions - Hornsby Affordable Housing Strategy... 18
Item 6 PC20/24 Report on Submissions - Heritage and Housekeeping Planning Proposal. 25
Infrastructure and Major Projects Division
Item 7 IM25/24 SRV Shared Path Project Schedule 34
Confidential Items
Item 8 CS63/24 Proposed Sale of Surplus Land at Normanhurst
PUBLIC FORUM – NON AGENDA ITEMS
Questions with Notice
Mayor's Notes
Item 9 MN9/24 Mayors Notes 01 November 2024 to 30 November 2024....................... 39
Notices of Motion
Item 10 NOM8/24 New Line Road/County Drive and New Line Road/Boundary Road Roundabouts......... 41
Item 11 NOM9/24 Safety Assessment of The Intersection of Beecroft Road and Kirkham Street....... 42
Item 12 NOM10/24 Recognition of The Hon Philip Ruddock AO.......................... 43
Item 13 NOM11/24 Signalisation of Intersection of Mt Pleasant Avenue and Pennant Hills Road, Normanhurst.......... 45
Item 14 NOM12/24 Hornsby Shire Events Program 47
SUPPLEMENTARY AGENDA
MATTERS OF URGENCY
Hornsby Shire Council Agenda and Summary of Recommendations
Page 0
AGENDA AND SUMMARY OF RECOMMENDATIONS
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."
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."
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 / Request for remote attendance
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 13 November, 2024 be confirmed; a copy having been distributed to all Councillors.
Petitions
presentations
Rescission Motions
Mayoral Minutes
ITEMS PASSED BY EXCEPTION / CALL FOR SPEAKERS ON AGENDA ITEMS
Note:
Persons wishing to address Council on matters which are on the Agenda are permitted to speak, prior to the item being discussed, and their names will be recorded in the Minutes in respect of that particular item.
Persons wishing to address Council on non agenda matters, are permitted to speak after all items on the agenda in respect of which there is a speaker from the public have been finalised by Council. Their names will be recorded in the Minutes under the heading "Public Forum for Non Agenda Items".
GENERAL BUSINESS
· Items for which there is a Public Forum Speaker
· Public Forum for non agenda items
· Balance of General Business items
Office of the General Manager
Page Number 1
Item 1 GM55/24 Review of Council's Delegations and Power of Attorney to the General Manager
RECOMMENDATION
THAT:
1. The following delegation be granted to the General Manager, and any person holding the position in an acting capacity:
Delegation of Authority
Pursuant to the powers of delegation conferred on Council by Sections 377 and 381 of the Local Government Act 1993 (NSW), HORNSBY SHIRE COUNCIL delegates to
STEVEN HEAD, General Manager of the Council, the power to exercise all the functions, powers, duties, and authorities conferred upon Council pursuant to:
1. The Local Government Act 1993 (NSW).
2. The Environmental Planning and Assessment Act 1979 (NSW).
3. All other Acts whatsoever under which Council has functions, powers, duties, and authorities.
4. All regulations, by-laws, rules and the like made by or under any of the Acts referred to in 1, 2 or 3 above.
Subject to any resolution made from time to time by the said Council and provided always that such delegation of powers shall not and shall not be deemed to extend to:
1. Any of the matters expressly reserved to the Council in section 377 of the Local Government Act 1993 (NSW).
2. The alteration of the meeting cycle of Council.
3. The overview and direction of business activities.
4. The role of the Mayor as provided for in and determined under section 226 of the Local Government Act 1993 (NSW).
5. Major unique items where no policy, practice or code of the Council exists.
6. Adoption of Local Environmental Plans, Development Control Plans and section 7.11 and 7.12 Contribution Plans pursuant to the Environmental Planning and Assessment Act 1979 (NSW).
7. Adoption of Council policies and codes.
8. Items in respect of which the Mayor or a Councillor has specifically requested the General Manager to place before Council for determination by Council.
Subject to the provisions of the Local Government Act 1993 (NSW) and the other Acts referred to above the functions, powers, duties and authorities hereby delegated by Council to the General Manager pursuant to this resolution remain in force until otherwise revised or revoked by resolution of the Council; and
Subject to Council reviewing each delegation during the first 12 months of each term of office.
2. The following Power of Attorney be granted to the General Manager:
Power of Attorney
1. The Council appoints Steven Head, General Manager of the Hornsby Shire Council to be its Attorney. Council’s Attorney may exercise authority conferred on him by Part 2 of the Powers of Attorney Act 2003 (NSW) to do so on Council’s behalf anything Council may lawfully authorise an Attorney to do. Council’s Attorney’s authority is subject to any additional powers and restrictions specified in Part 2 of this document.
2. This Power of Attorney operates from 11 December 2024 until 31 August 2029 unless the General Manager vacates office prior to this date.
PART 2 – Additional Powers and Restrictions
This Power of Attorney is subject to the following conditions and limitations:
This Power of Attorney authorises the Attorney to execute documents, dealings and instruments relating to the matter detailed in the Schedule and for the purpose of giving effect to resolutions of the Council where resolutions are required relating to the matters, including those detailed in the Schedule:
SCHEDULE
1. The creation (whether by acquisition or other means), disposal or extinguishment of an interest in land.
2. The creation, disposal, variation or extinguishment of a right, obligation, easement, or other interest in land.
3. Contracts, and all other necessary documents, for the purchase and sale of land.
4. Licences and leases.
5. Contracts for works services and supply of goods.
3. The Common Seal of Council be affixed to the Power of Attorney document.
Page Number 8
Item 2 GM60/24 Community Engagement Strategy
RECOMMENDATION
THAT:
1. Council adopt the Community Engagement Strategy attached to General Manager’s Report No. GM60/24.
2. Submitters be advised of Council’s decision and thanked for their interest in community engagement in Hornsby Shire.
Corporate Support Division
Page Number 12
Item 3 CS61/24 Investments and Borrowings for 2024/2025 - Status for the Period Ending 31 October 2024
RECOMMENDATION
THAT the contents of Director’s Report No. CS61/24 be received and noted.
Page Number 15
Item 4 CS62/24 Pecuniary Interest and Other Matters Returns - Disclosures by Councillors
RECOMMENDATION
THAT Council note the Written Returns of Interest recently lodged with the General Manager by Councillors have been tabled as required by the Local Government Act and Councils Code of Conduct.
Community and Environment Division
Nil
Planning and Compliance Division
Page Number 18
Item 5 PC19/24 Report on Submissions - Hornsby Affordable Housing Strategy
RECOMMENDATION
THAT:
1. Council endorse the Hornsby Affordable Housing Strategy attached to Director’s Report No. PC19/24.
2. Notification be published on Council’s website.
3. Submitters be advised of Council’s decision and thanked for their interest in affordable housing issues in Hornsby Shire.
Page Number 25
Item 6 PC20/24 Report on Submissions - Heritage and Housekeeping Planning Proposal
RECOMMENDATION
THAT:
1. Council endorse the Heritage and Housekeeping Planning Proposal as amended (attached to Director’s Report No. PC20/24) and progress with finalisation of amendments to the Hornsby Local Environmental Plan 2013 as the Local Plan-Making Authority.
2. Submitters be advised of Council’s decision.
Infrastructure and Major Projects Division
Page Number 34
Item 7 IM25/24 SRV Shared Path Project Schedule
RECOMMENDATION
THAT Council endorses the updated prioritisation matrix and project inclusions as part of the SRV allocations for Shared Paths and in accordance with Council’s Annual Operational Plan and Delivery Program.
Confidential Items
Item 8 CS63/24 Proposed Sale of Surplus Land at Normanhurst
This report should be dealt with in confidential session, under Section 10A (2) (c) of the Local Government Act, 1993. This report contains information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business.
PUBLIC FORUM – NON AGENDA ITEMS
Questions with Notice
Mayor's Notes
Page Number 39
Item 9 MN9/24 Mayors Notes 01 November 2024 to 30 November 2024
Notices of Motion
Page Number 41
Item 10 NOM8/24 New Line Road/County Drive and New Line Road/Boundary Road Roundabouts
COUNCILLOR Greenwood To Move
THAT Council write to Transport for NSW and Local Members of Parliament requesting that they prioritise meaningful landscape amenity improvements to the New Line Road/County Drive and New Line Road/Boundary Road roundabouts.
Page Number 42
Item 11 NOM9/24 Safety Assessment of The Intersection of Beecroft Road and Kirkham Street
COUNCILLOR Tilbury To Move
THAT Council:
1. Write to both the Transport Minister and Transport for NSW to undertake an urgent safety assessment on the intersection of Beecroft Road and Kirkham Street.
2. Work with the local sports clubs that regularly use Cheltenham Oval for training and matches to support council's call for a safety assessment of the Beecroft Road and Kirkham Street intersection.
3. Work with the Beecroft Cheltenham Civic Trust to actively support council's call for a safety assessment of the Beecroft Road and Kirkham Street intersection.
4. Write to the new State MP for Epping, Monica Tudehope, to request support for a safety assessment of the Beecroft Road and Kirkham Street intersection.
Page Number 43
Item 12 NOM10/24 Recognition of The Hon Philip Ruddock AO
COUNCILLOR Tilbury To Move
THAT in acknowledgement and gratitude of his long and distinguished career of public service in the Commonwealth Parliament and as a two term popularly elected Mayor, Council:
1. Thank and recognise the Hon Philip Ruddock AO.
2. Name the soon to be opened Southern Lookout at Hornsby Park in his honour.
Page Number 45
Item 13 NOM11/24 Signalisation of Intersection of Mt Pleasant Avenue and Pennant Hills Road, Normanhurst
COUNCILLOR McIntosh To Move
THAT Council:
1. Acknowledge the ongoing traffic management issues surrounding Loreto Normanhurst and the impact this has upon local residents and users of Loreto, other schools in the precinct together with local aged care facilities.
2. Expresses our concern that traffic flows both within Mt Pleasant Avenue and at the intersection itself present very real safety concerns for pedestrians, local residents and vehicle users all of which could be addressed through signalisation of the intersection.
3. Write to the NSW Minister for Transport, the NSW Minister for Roads and the State Member for Wahroonga urging their support to prioritise signalisation of this intersection of Mt Pleasant Avenue & Pennant Hills Road, Normanhurst.
Page Number 47
Item 14 NOM12/24 Hornsby Shire Events Program
COUNCILLOR McIntosh To Move
THAT Council:
1. Acknowledge that:
a) Council plays a key role in delivering events in our community and in supporting events run by others through support with traffic management, venue hire, waste management, sustainability resources, equipment hire such as the community stage and BBQ; marketing and promotion and through financial support via our Community Events Grants Program;
b) there are a large number of community organisations and groups conducting long-standing and greatly valued community events in our Shire along with Council and there is an opportunity for Council to play a role as facilitator, providing a forum for collaboration, partnership and promotion between local organisations responsible for delivering events in our area;
c) our community has told us they want to see a stronger focus on family-friendly and school holiday activities; activities for young people/young adults and events that reflect the demographics of our Shire: events that celebrate our multicultural community, healthy ageing, gender diversity and disability inclusion; and
d) there is a strategic approach required for our events program which needs to reflect our adopted strategies in a variety of areas but with specific regard to Economic Development and Tourism and our focus in regard to place branding, the night time economy and destination marketing.
2. Undertake a comprehensive review of our current Events Program, including the Community Events Grants Program, to consider whether existing events meet Council’s strategic priorities and the needs of our residents along with how Council may play a greater role in encouraging collaboration.
3. Commence the review with a Councillor Workshop to hear the views of Councillors and discuss the scope of the review program.
4. Consider ways in which Council can promote local events and destinations through a review of Council’s on-line Events Calendar or through other means.
5. Host a regular Community Events Forum, inviting local event organisers to come together to obtain information about the levels of Council support available; evaluate the local events program both Council and community-based and to open a dialogue seeking collaboration and information-sharing to ensure that the local events calendar provides support for a variety of events throughout the whole year;
6. Report the outcomes prior to the implementation of any changes to the Events Program and Community Events Grants Program.
SUPPLEMENTARY AGENDA
MATTERS OF URGENCY
General Manager's Report No. GM55/24
Office of the General Manager
Date of Meeting: 11/12/2024
1 REVIEW OF COUNCIL'S DELEGATIONS AND POWER OF ATTORNEY TO THE GENERAL MANAGER
EXECUTIVE SUMMARY
· Section 380 of the Local Government Act (1993) requires Council to review its delegations and make any changes considered appropriate within 12 months after each ordinary election. Accordingly, the current Delegation of Authority for the General Manager is to be reviewed no later than the September 2025 Council Meeting.
· The current Power of Attorney for the General Manager expires on 31 August 2025.
· This report proposes the granting of a further Delegation of Authority and Power of Attorney to the General Manager.
THAT: 1. The following delegation be granted to the General Manager, and any person holding the position in an acting capacity: Delegation of Authority Pursuant to the powers of delegation conferred on Council by Sections 377 and 381 of the Local Government Act 1993 (NSW), HORNSBY SHIRE COUNCIL delegates to STEVEN HEAD, General Manager of the Council, the power to exercise all the functions, powers, duties, and authorities conferred upon Council pursuant to: 1. The Local Government Act 1993 (NSW). 2. The Environmental Planning and Assessment Act 1979 (NSW). 3. All other Acts whatsoever under which Council has functions, powers, duties, and authorities. 4. All regulations, by-laws, rules and the like made by or under any of the Acts referred to in 1, 2 or 3 above. Subject to any resolution made from time to time by the said Council and provided always that such delegation of powers shall not and shall not be deemed to extend to: 1. Any of the matters expressly reserved to the Council in section 377 of the Local Government Act 1993 (NSW). 2. The alteration of the meeting cycle of Council. 3. The overview and direction of business activities. 4. The role of the Mayor as provided for in and determined under section 226 of the Local Government Act 1993 (NSW). 5. Major unique items where no policy, practice or code of the Council exists. 6. Adoption of Local Environmental Plans, Development Control Plans and section 7.11 and 7.12 Contribution Plans pursuant to the Environmental Planning and Assessment Act 1979 (NSW). 7. Adoption of Council policies and codes. 8. Items in respect of which the Mayor or a Councillor has specifically requested the General Manager to place before Council for determination by Council. Subject to the provisions of the Local Government Act 1993 (NSW) and the other Acts referred to above the functions, powers, duties and authorities hereby delegated by Council to the General Manager pursuant to this resolution remain in force until otherwise revised or revoked by resolution of the Council; and Subject to Council reviewing each delegation during the first 12 months of each term of office. 2. The following Power of Attorney be granted to the General Manager:
Power of Attorney 1. The Council appoints Steven Head, General Manager of the Hornsby Shire Council to be its Attorney. Council’s Attorney may exercise authority conferred on him by Part 2 of the Powers of Attorney Act 2003 (NSW) to do so on Council’s behalf anything Council may lawfully authorise an Attorney to do. Council’s Attorney’s authority is subject to any additional powers and restrictions specified in Part 2 of this document. 2. This Power of Attorney operates from 11 December 2024 until 31 August 2029 unless the General Manager vacates office prior to this date. PART 2 – Additional Powers and Restrictions This Power of Attorney is subject to the following conditions and limitations: This Power of Attorney authorises the Attorney to execute documents, dealings and instruments relating to the matter detailed in the Schedule and for the purpose of giving effect to resolutions of the Council where resolutions are required relating to the matters, including those detailed in the Schedule: SCHEDULE 1. The creation (whether by acquisition or other means), disposal or extinguishment of an interest in land. 2. The creation, disposal, variation or extinguishment of a right, obligation, easement, or other interest in land. 3. Contracts, and all other necessary documents, for the purchase and sale of land. 4. Licences and leases. 5. Contracts for works services and supply of goods. 3. The Common Seal of Council be affixed to the Power of Attorney document.
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PURPOSE
The purpose of this Report is to review the delegations of the elected-body of Council pursuant to section 380 of the Local Government Act 1993 and grant a new Delegation of Authority and Power of Attorney to the General Manager.
BACKGROUND
Delegations of Authority from the elected-Council to the General Manager, and then the General Manager to Council staff are dealt with in sections 377 to 381 of the Local Government Act 1993 (the Act).
Pursuant to s377 of the Act a Council may, by resolution, delegate to the General Manager or any other person or body (not including another employee of the Council) any of the functions of the Council other than those matters specifically listed in s377 being as follows:
(a) The appointment of a general manager.
(b) The making of a rate.
(c) A determination under section 549 as to the levying of a rate.
(d) The making of a charge.
(e) The fixing of a fee.
(f) The borrowing of money.
(g) The voting of money for expenditure on its works, services, or operations.
(h) The compulsory acquisition, purchase, sale, exchange or surrender of any land or other property (but not including the sale of items of plant or equipment),
(i) The acceptance of tenders to provide services currently provided by members of staff of the council.
(j) The adoption of an operational plan under section 405.
(k) The adoption of a financial statement included in an annual financial report.
(l) A decision to classify or reclassify public land under Division 1 of Part 2 of Chapter 6.
(m) The fixing of an amount or rate for the carrying out by the council of work on private land.
(n) The decision to carry out work on private land for an amount that is less than the amount or rate fixed by the council for the carrying out of any such work.
(o) The review of a determination made by the council, and not by a delegate of the council, of an application for approval or an application that may be reviewed under section 82A of the Environmental Planning and Assessment Act 1979 .
(p) The power of the council to authorise the use of reasonable force for the purpose of gaining entry to premises under section 194.
(q) A decision under section 356 to contribute money or otherwise grant financial assistance to persons.
(r) A decision under section 234 to grant leave of absence to the holder of a civic office.
(s) The making of an application, or the giving of a notice, to the Governor or Minister.
(t) This power of delegation.
(u) Any function under this or any other Act that is expressly required to be exercised by resolution of the council.
Pursuant to section 378 of the Act, the General Manager may then delegate, or sub-delegate, any of the functions of a General Manager, other than his/her power of delegation, to any person or body, including another employee of the Council. A large number of staff consequently have individual delegations from the General Manager in accordance with these provisions.
Pursuant to section 379 of the Act a regulatory function of a council cannot be delegated or subdelegated to a person or body other than a committee of the Council, the members of which are all Councillors, or are either Councillors or employees of the council, or an employee of the council.
Pursuant to section 380 of the Act each Council must review all its delegations during the first 12 months of each term of office.
Section 381 of the Act requires that a person must not, under any other Act, delegate a function to the General Manager except with the approval of the Council, or delegate a function to another employee of council except with the approval of both the Council and the General Manager.
The General Manager’s delegation was last reviewed by Council in March 2022 (Report No. GM11/22). The delegation granted is to be reviewed no later than the September 2025 Council Meeting. The Power of Attorney granted to the General Manager expires on 31 August 2025.
DISCUSSION
Although broad functions are delegated to the General Manager, and then subsequently delegated to staff, this does not preclude the Mayor or any Councillor specifically requesting that a matter be placed before the Council for determination. This right is stated in the delegation document. Similarly, the General Manager is not delegated to make decisions on major unique items where no policy, practice or code of the Council exists.
Council’s record in the exercise of delegations has been demonstrated over a long period of time to be appropriate with the General Manager and senior staff ensuring that matters of significant interest to Councillors are advised through weekly communiques and other communication with Council. Where relevant, staff have demonstrated a willingness on potentially sensitive matters to consult with Council in the application of their delegations.
There have been no issues associated with the operation of the General Manager’s delegation since the last review in March 2022 and the delegation has recently been reviewed by a panel lawyer. The core delegations are recommended to remain unchanged and no change to the existing practice, and delegations given to the General Manager, is proposed. The wording of the delegation is shown in the recommendation to this report.
Although it is only a requirement to review staff delegations every 4 years, being in the first 12 months of each term of office, the administrative practice is that General Manager delegations to staff undergo regular and ongoing review. Reviews of delegations are undertaken by Directors and Branch Managers when legislation is amended, when new staff are appointed, or when operational requirements change for particular employees. As a consequence, a large number of new delegations to staff are issued each year and redundant delegations are deleted from the Delegations Register.
Delegations of Authority to staff include reference to the appropriate Acts, and areas of delegation such as operational, financial, personnel, management, and determination of applications.
The Power of Attorney document has also been recently reviewed by a panel lawyer. There have been no issues associated with the operation of this Power of Attorney since the last review in March 2022 and the powers and restrictions set out in the document are recommended to remain unchanged. The wording of the Power of Attorney is shown in the recommendation to this report. The end date for this Power of Attorney is nominated to be 31 August 2029. The next local government elections are scheduled to be held in September 2028 therefore this end date falls towards the end of the 12-month period of the new term of the elected Council, in which period the document will be reviewed in any event.
In the normal course of operation, the General Manager’s delegation of authority typically outlines the General Manager’s powers and responsibilities, allowing them to make decisions and take actions on behalf of Council within specified parameters. There may be situations that require the General Manager to hold additional legal powers beyond what is typically granted in the general delegation of authority. Accordingly, the Power of Attorney as proposed in this Report, grants the General Manager further authority to engage in certain transactions or negotiations that involve legal formalities or requirements not covered in the Delegation of Authority. In certain instances, a Power of Attorney might otherwise be required to ensure that the General Manager has the necessary legal standing to act on behalf of Council and bind it to legal obligations.
CONSULTATION
In the preparation of this Report there was consultation with Council’s panel lawyer, Redenbach Legal.
BUDGET
There are no budgetary implications associated with this Report.
POLICY
There are no policy implications associated with this Report.
CONCLUSION
It is a requirement of section 380 of the Local Government Act 1993 for Council to review all its delegations during the first 12 months of each term of office. The General Manager’s delegation was last reviewed by Council in March 2022 (Report No. GM11/22). The delegation granted is to be reviewed no later than the September 2025 Council Meeting.
The Power of Attorney granted to the General Manager expires on 31 August 2025.
This report recommends the granting of a new Delegation of Authority and Power of Attorney to the General Manager.
RESPONSIBLE OFFICER
The officer responsible for the preparation of this Report is the Risk & Audit Manager – Scott Allen - who can be contacted on 9847-6609.
Steven Head General Manager Office of the General Manager |
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There are no attachments for this report.
File Reference: F2004/09419-015
Document Number: D08997650
General Manager's Report No. GM60/24
Office of the General Manager
Date of Meeting: 11/12/2024
2 COMMUNITY ENGAGEMENT STRATEGY
EXECUTIVE SUMMARY
· In accordance with the Office of Local Government Integrated Planning and Reporting Guidelines Council must review its Community Engagement Strategy within three months of the local government elections, as part of the broader review of the Community Strategic Plan.
· On 23 October 2024, Council adopted the revised draft of the Community Engagement Strategy for public exhibition.
· The draft Strategy was exhibited from 24 October to 20 November 2024.
· One submission was received during the public exhibition period. Matters raised in the submission are addressed in this report. One additional change has been incorporated into the updated Community Engagement Strategy following the public exhibition period in response to the submission. A list of amendments can be found in Attachment 2.
THAT: 1. Council adopt the Community Engagement Strategy attached to General Manager’s Report No. GM60/24. 2. Submitters be advised of Council’s decision and thanked for their interest in community engagement in Hornsby Shire. |
PURPOSE
The purpose of this Report is to provide Council with an update on the results of the community consultation for the revised Community Engagement Strategy and to seek Council’s adoption of the updated Strategy.
BACKGROUND
At the October Ordinary Meeting, Council considered Executive Manager’s Report No. GM49/24 and resolved that:
1. Council adopts for public exhibition the revised draft Community Engagement Strategy attached to General Manager’s Report GM49/24 and make the document available for public comment from 24 October to 20 November 2024.
2. Following the public exhibition, a further report be brought to Council for consideration outlining the submissions and proposed amendments for adoption at the December 2024 General Meeting.
In accordance with Council’s resolution, the draft Community Engagement Strategy was publicly exhibited from 24 October to 20 November 2024.
DISCUSSION
In accordance with the Office of Local Government Integrated Planning and Reporting Guidelines Council must review its Community Engagement Strategy within three months of the local government elections, as part of the broader review of the Community Strategic Plan.
An internal review of Council’s Community Engagement Plan has been undertaken and several amendments were proposed. Amendments included an update of the title of the document, references to technological advances, updates to processes, amendments to language as well as other miscellaneous updates. A summary of these changes are as follows:
· Title update - in keeping with the Office of Local Government’s Integrated Planning and Reporting Guidelines, which requires Council’s to prepare a community in engagement strategy, the title of the document has been changed from ‘COMMUNITY ENGAGEMENT PLAN’ to ‘COMMUNITY ENGAGEMENT STRATEGY’ throughout.
· Technological updates – since the Community Engagement Plan was first adopted, Council has established the use of a new online engagement platform ‘Your Say Hornsby’ which has improved the experience for the community and allows Council to engage with a greater number and range of people. The revised Strategy has been updated to reflect this new technology. Further, the revised strategy now includes references to correspondence through emails and e-newsletters as a means of engagement.
· Updates to processes – Council’s processes associated with applying for and providing feedback on development applications have been updated to provide a better experience for the community and improved efficiencies for Council. Further, the engagement period for feedback on proposals associated with parks and sporting facilities has been amended.
· Language amendments – updates have been made throughout the document to improve readability. Abbreviations have been written in full and updates have been made to ensure the document is consistent with Council’s style guide. The spelling of Dharug has also been amended.
Updates have also been made to document images to include more recent examples of community engagement initiatives. A full list of amendments can be found in Attachment 2.
The updated Strategy will further be supported by internal improvements to templates over time to ensure consistent engagement and transparency with the community.
SUBMISSIONS
One submission was received during the public exhibition period.
Submission |
Outcome |
Community engagement is not just a formal system of gathering, categorising and reporting community opinions, but more importantly community engagement is an input into decision-making. How decision-making factors in community opinions is currently too uncertain as the structure of how decision-makers reflect the opinions arising from community engagement in their decisions is opaque. In the absence of a structure of how decision-makers reflect opinions arising from community engagement is duly devised and communicated to the residents and interested parties, the expectations that the community's opinions are reflected is decision-making, and the community engagement process itself, is undermined. Such a structure should be based upon a principles charter regarding the role of community engagement in decision-making and require demonstration of how those principles must be engaged by decision-makers in making their decisions. Further, how those principles have been engaged by decision-makers when considering community engagement, in coming to each decision should be included as a decision statement specifying how the principles have been applied (not as a general statement but rather as a statement of specifics) as a part of making the decision itself. Best practice would require a decision statement by each decision-maker be it individual Councillor and/or council staff member. |
The process for feeding back to the community is outlined on Page 9 of the revised Community Engagement Strategy. To further explain this process the following amend has been made to the document. Page 9 Section – Community engagement is meaningful Heading – We will do this by A new dot point has been added: • Communicating the outcome of the engagement process by publishing an engagement report on Your Say Hornsby to demonstrate how your feedback influenced our decisions.
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CONSULTATION
The updated Community Engagement Strategy was publicly exhibited for 28 days from the 24 October to the 20 November 2024 through the following channels:
· Advertisement on Council’s online engagement portal – Your Say Hornsby
· Council’s eNews – November edition
· Social Media (Facebook)
· Advertising and Mayor’s message – Bush Telegraph, Galston & Glenorie News, Dooral Roundup, Hornsby Ku-ring-gai Post and Living Heritage.
One submission was received during the exhibition period and is addressed above.
BUDGET
There are no budgetary implications associated with this Report.
POLICY
The Community Engagement Strategy acts as a policy guide for Council staff and representatives who engage in public consultation with the Hornsby Shire community. Council’s Public and Community Input Policy will be updated to reflect to the revised Strategy and will come before Council for consideration when Council’s policies are reviewed in the first half of this term of Council.
CONCLUSION
The Community Engagement Strategy acts as a guide for Council staff and representatives who communicate and engage with our community on behalf of Council. It serves as the foundation for building on Council’s current practices to continuously improve how we engage with the community and how this engagement inputs into decision making. The revised Strategy provides additional detail on our commitment to meaningful community engagement on a range of important matters.
RESPONSIBLE OFFICER
The officer responsible for the preparation of this Report is the Manager Strategy and Place, Julie Ryland, who can be contacted on 9847 6773.
Steven Head General Manager Office of the General Manager |
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Community Engagement Strategy |
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Community Engagement Strategy Amendments |
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File Reference: F2018/00308
Document Number: D09016017
Director's Report No. CS61/24
Corporate Support Division
Date of Meeting: 11/12/2024
3 INVESTMENTS AND BORROWINGS FOR 2024/2025 - STATUS FOR THE PERIOD ENDING 31 OCTOBER 2024
EXECUTIVE SUMMARY
· This Report provides details of Council’s investment performance for the period ending 31 October 2024 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 October 2024 of 3.87% which includes a negative yield of -7.01% from TCorp Managed Funds. On a financial year to date basis the portfolio achieved an annualised return of 5.02% which includes a positive yield of 6.35% from TCorp Managed Funds.
THAT the contents of Director’s Report No. CS61/24 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 31 October 2024 is detailed in the attached document. In summary, the portfolio achieved an annualised return for October 2024 of 3.87%. On a financial year to date basis the portfolio achieved an annualised return of 5.02% which includes a positive yield of 6.35% from TCorp Managed Funds.
The Borrowings Schedule as at 31 October 2024 is attached for Council’s information, noting that Council became debt free on 1 July 2023 with no loans entered into since. Therefore, the Borrowings Schedule only discloses future lease repayments for various items of plant and equipment.
BUDGET
Budgeted investment income for the year is $10,045,266 with an average budgeted monthly income of $837,106. Net investment income for the month ended 31 October 2024 was $967,434, which includes an unrealised loss of -$150,109 from TCorp Managed Funds.
Budgeted investment income year to date at 31 October 2024 was $3,348,424. Total investment income year to date at 31 October 2024 was $4,377,776 which includes a year-to-date unrealised net gain of $497,150 from TCorp Managed Funds.
Approximately 46.02% 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 can experience significant market volatility due to external 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 of 31 October 2024 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 |
HSC INVESTMENTS SUMMARY REPORT OCTOBER 2024 |
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HSC BORROWINGS SUMMARY REPORT OCTOBER 2024 |
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File Reference: F2004/06987-02
Document Number: D09012572
Director's Report No. CS62/24
Corporate Support Division
Date of Meeting: 11/12/2024
4 PECUNIARY INTEREST AND OTHER MATTERS RETURNS - DISCLOSURES BY COUNCILLORS
EXECUTIVE SUMMARY
· Section 440AAB (1) of the Local Government Act (the Act) advises of the requirement for lodgement of Written Returns of Interest in accordance with a council’s Code of Conduct.
· Clauses 4.18 - 4.24 of Council’s Code of Conduct for Staff provides details in respect of the lodgement of these Returns by Designated Persons.
· Clauses 4.9 - 4.15 of Council’s Code of Conduct for Councillors provides details in respect of the lodgement of these Returns by Councillors.
· Section 440AAB (2) of the Act requires that Returns lodged under Section 440AAB (1) are to be tabled at the next available Council meeting.
· In line with Section 440AAB (2) of the Act and the relevant Clauses of Council’s Code of Conduct for Staff and Code of Conduct for Councillors this Report seeks to table the Return/s recently lodged with the General Manager.
THAT Council note the Written Returns of Interest recently lodged with the General Manager by Councillors have been tabled as required by the Local Government Act and Councils Code of Conduct. |
PURPOSE
The purpose of this Report is to table the Written Returns of Interests submitted by Councillors/Designated Persons who have left, commenced with, or internally transferred to a relevant position within Council.
BACKGROUND
Section 440AAB (1) of the Act advises of the requirement for lodgement of Written Returns of Interest under a Code of Conduct. Relevantly, Clauses 4.18 - 4.24 of Council’s Code of Conduct for Staff and Clauses 4.9 – 4.15 of Council’s Code of Conduct for Councillors outline these requirements. (The requirements are the same for Designated Staff as they are for Councillors however, as Council has a separate Code of Conduct for Staff and Code of Conduct for Councillors, the relevant Clause references vary. For ease of interpretation in this Report, reference has been made to Designated Persons and specific clauses in only the Code of Conduct for Staff, noting that the same requirements apply to the corresponding Clauses in the Code of Conduct for Councillors).
Clause 4.18 a) of Council’s Code of Conduct for Staff requires a Designated Person to complete and lodge with the General Manager a Written Return of Interest within three months after becoming a Designated Person. Clause 4.18 b) requires a Designated Person holding that position at 30 June in any year to complete and lodge with the General Manager a Return within three months after that date. Clause 4.18 c) of Council’s Code of Conduct for Staff requires a Designated Person to complete and lodge with the General Manager a Written Return of Interest within three months of the designated person becoming aware of an interest they are required to disclose under schedule 1 that has not been previously disclosed in a return lodged under paragraphs a) or b).
Section 440AAB (2) of the Act requires that Returns lodged under Section 440AAB (1) are to be tabled at a meeting of Council. Clause 4.22 of the Code requires that Returns lodged under Clause 4.18 a) and 4.18 b) of the Code are to be tabled at the first meeting held after the last day for lodgement under those Clauses. Clause 4.23 of the Code requires that Returns lodged under Clause 4.18 c) are to be tabled at the first meeting after their lodgement.
Council's procedures in respect of the disclosing of interests have been developed to cater for the election/appointment/employment/retirement/resignation/etc of Councillors or Designated Persons. These procedures:
· Require all Councillors and Designated Persons who hold that position at 30 June in any year to submit Returns to the General Manager by 30 September in that year. These Returns are generally tabled at Council’s October General Meeting for that year.
· Require newly elected Councillors or newly appointed Designated Persons to lodge Returns to the General Manager within three months of their election/appointment. These Returns are tabled at the next available General Meeting of Council.
· Require those Councillors or Designated Persons who are leaving Council (because of retirement, resignation, etc) to lodge Returns to the General Manager by their last day with Council. These Returns are tabled at the next available General Meeting of Council.
DISCUSSION
Returns Lodged in Accordance with Council’s Code of Conduct for Staff, Code of Conduct for Councillors, and Procedures
In respect of Clause 4.18 a) of Council’s Code of Conduct – lodgement of a Return after becoming a Designated Person – there are four Returns to be tabled.
Council last considered the tabling of Disclosure of Pecuniary Interests and Other Matters Returns under Clause 4.18(b) of Council’s Code of Conduct for Staff and Clauses 4.9(b) of Council’s Code of Conduct for Councillors – lodgement of a Return by a Designated Person holding that position at 30 June - at the General Meeting held on 23 October 2024 (see Director’s Report No. CS53/24).
All Pecuniary Interest and Other Matters Returns in respect of the above requirement that have been lodged with the General Manager are now tabled as required by the Local Government Act.
BUDGET
There are no budgetary implications associated with this Report.
POLICY
There are no policy implications associated with this Report.
CONCLUSION
Council’s consideration of this Report satisfies the requirements of the Act regarding the lodgement of Written Returns of Interest in accordance with its Codes of Conduct.
RESPONSIBLE OFFICER
The officer responsible for the preparation of this Report is the 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 |
There are no attachments for this report.
File Reference: F2024/00316
Document Number: D09013903
Director's Report No. PC19/24
Planning and Compliance Division
Date of Meeting: 11/12/2024
5 REPORT ON SUBMISSIONS - HORNSBY AFFORDABLE HOUSING STRATEGY
EXECUTIVE SUMMARY
· At its meeting on 14 August 2024, Council resolved to exhibit the draft Hornsby Affordable Housing Strategy (AHS) which sets out evidence to support the need for the provision of affordable housing in the Shire.
· The draft AHS acknowledges the level of housing stress in Hornsby Shire and outlines planning, facilitation, and advocacy options to increase the provision of affordable housing for purchase and rent. The Strategy also supports the implementation and administration of the recently made Hornsby Precinct Affordable Housing Contribution Scheme which identifies affordable housing contribution rates associated with changes to planning controls for the Hornsby Town Centre.
· The draft AHS was exhibited from 26 August 2024 to 23 September 2024 and 12 submissions were received.
· Submitters provided a range of views on the draft AHS with 6 submissions supporting the changes, 3 raising concerns, and 3 submitters providing general commentary.
· Matters raised in submissions are addressed in this report. Minor changes are proposed for accuracy in response to submissions.
· It is recommended that Council endorse the draft AHS attached to this report.
THAT: 1. Council endorse the Hornsby Affordable Housing Strategy attached to Director’s Report No. PC19/24. 2. Notification be published on Council’s website. 3. Submitters be advised of Council’s decision and thanked for their interest in affordable housing issues in Hornsby Shire. |
PURPOSE
The purpose of this Report is to address matters raised in submissions received in response to the exhibition of the draft Hornsby Affordable Housing Strategy (AHS).
BACKGROUND
In late 2018, Council exhibited an Affordable Housing Discussion Paper outlining housing affordability in Hornsby Shire, the roles of NSW and local governments, and ways Council could seek to address housing affordability. The Paper set key objectives for housing policy, focusing on supply, diversity, quality of market-rate housing, and proposed options for affordable housing, including dedication, monetary contributions, and direct supply. The Paper also discussed engaging community housing providers and advocacy roles.
The recommendations of the Discussion Paper were used to inform the preparation of Council’s Local Housing Strategy, which was subsequently adopted in 2020. The Strategy includes prioritisation of affordable housing and the preparation of an affordable housing contribution scheme.
Following adoption of the Hornsby Town Centre Masterplan (HTC Masterplan) in 2023, Council officers began preparation of a draft affordable housing contribution scheme to apply to the Hornsby Town Centre. The NSW Government subsequently announced progression of the Hornsby Town Centre as an accelerated precinct under its Transport Orientated Development (TOD) Program. The Department considered the work by Council concerning affordable housing supply and has now adopted a Hornsby Precinct Affordable Housing Contribution Scheme (AHCS) as part of the Hornsby TOD Precinct which was finalised on 27 November 2024.
At its meeting on 14 August 2024, Council considered Director’s Report No. PC17/24, which presented a draft AHS as a background document to support the AHCS and outlining Council’s overall priorities for affordable housing. The draft AHS has been prepared in line with the recommendations of the 2018 Discussion Paper, the 2020 Local Housing Strategy, the 2023 HTC Masterplan, and the State Government Hornsby Affordable Housing Contributions Scheme.
Council resolved that:
1. The draft Hornsby Affordable Housing Strategy attached to Director’s Report No. PC17/24 be placed on public exhibition for a period of 28 days.
2. Following exhibition, a report on submissions be presented to Council for consideration.
In accordance with Council’s resolution, the draft AHS was publicly exhibited from 26 August 2024 to 23 September 2024.
DISCUSSION
The draft AHS outlines Council’s objectives for affordable housing and its principles for delivery. The Strategy provides an evidence base and actions for Council to encourage the delivery of affordable housing including through planning incentives, facilitation, and advocacy. This report addresses submissions received in response to the exhibition of the draft AHS.
1. Exhibition
The draft AHS was exhibited between 26 August 2024 and 23 September 2024.
In response to the exhibition, 12 submissions were received from:
· Sydney Alliance, a network of community organisations and representatives;
· Two local landowners/businesses in the Hornsby Town Centre area; and
· Nine local residents.
A range of views were expressed, with 6 submissions supporting the changes, 3 submissions raising concerns, and 3 submissions providing general commentary.
Submitters expressing support for the draft AHS note:
· Its ease of use and clear wording;
· The importance of ensuring affordable housing for essential workers;
· Council’s commitment to promoting diverse housing in the Shire; and
· The appropriate long-term vision set out by the Strategy.
Sydney Alliance supports the draft AHS and recommends that Council take additional actions, such as establishing a public register of affordable housing, an affordable housing fund, and forming an affordable housing community working group. Section 7.2 of the draft AHS outlines potential policies for management which will need to be prepared (including proposed action F2, ‘Prepare a draft Affordable Housing Management Policy). It would be appropriate to consider the suggestions by Sydney Alliance as part of the next implementation stage should Council adopt the draft AHS.
Key concerns raised in submissions objecting to the draft AHS, as well as general commentary received, are discussed below.
1.1 Hornsby Precinct Affordable Housing Contribution Scheme
Four submissions comment on the Affordable Housing Contributions Scheme which was exhibited by the Department of Planning, Housing and Infrastructure (DPHI) as part of the TOD exhibition. The Contribution Scheme identifies affordable housing contribution rates required within the Hornsby Town Centre. Some submissions state that affordable housing contributions would make development unfeasible and should be lower, with others suggest that the contribution rate should be higher than proposed.
Comment
Since the exhibition of the AHS, the State Government has finalised the Hornsby Precinct Affordable Housing Scheme with contribution rates ranging from 3% to 10%. The issues raised in the submissions are relevant to the Contribution Scheme that forms part of the State Government Hornsby TOD rezoning, rather than the draft AHS exhibited by Council. Although the draft AHS and Contributions Scheme seek to operate in collaboration to address affordable housing provision, the Strategy which is the subject of this report outlines Council’s intentions for encouraging affordable housing provision generally across the Shire. The Strategy does not set specific affordable housing contribution rates.
Submissions commenting on the rate of affordable housing within the Hornsby Town Centre rezoning are out of scope of the draft Affordable Housing Strategy and the Government has now finalised the rates in the Contributions Scheme.
Recommendation
That no changes be made to the exhibited draft AHS in response to submissions commenting on affordable housing contribution rates.
1.2 Council responsibilities
A number of submissions comment about other forms of housing including crisis accommodation. Some argue that housing affordability is not a direct responsibility of local government and others argue that Council should do more in this space including the provision of shops and services.
Comment
It is acknowledged that the issue of affordable housing requires a coordinated response by all levels of government. In addition to setting a legislative and policy framework, State and Federal Governments play an important role in providing funding assistance to support affordable housing supply and the management of social housing and crisis accommodation.
However, the role of councils should also be acknowledged. Affordable housing is a housing type identified as needed in the Shire under the Hornsby LHS, with the (then) Department of Planning, Industry and Environment instructing councils to investigate ways to increase levels of affordable housing in their local government area. Section 5 of the draft AHS outlines what local government can do to increase the supply of affordable housing in the Shire. The provision of shops or other services by Council is outside the scope of housing supply.
Recommendation
That no changes be made to the exhibited draft AHS in response to the submissions commenting on Council responsibilities.
1.3 Key worker / essential worker classification
One submission suggests the definition of ‘key worker’ or ‘essential worker’ should be widened to include retail, hospitality, and community workers.
Comment
The draft AHS discusses the incomes and travel patterns for certain key workers that live and/or work in the Shire. Occupations were chosen based on affordable housing literature and associated census occupation categories. The draft AHS (page 15) acknowledges these categories may not cover other important workers who serve local communities, such as those in hospitality, retail of urban services, but give an initial idea of overall affordable housing needs.
Affordable housing eligibility is determined by household incomes, not occupations, with income bands based on the median incomes in Greater Sydney and the remainder of NSW. Household income eligibility limits are then established based on household size and composition. These limits are published by the Department of Communities and Justice on an annual basis.
In September 2024, Council made a submission to the Parliamentary Inquiry – Select Committee on Essential Worker Housing. The submission advocated for establishing a clear definition for essential worker housing for the NSW Government to adopt, including criteria for prioritising worker groups and geographical areas. It also urged the NSW Government to explore additional ways to increase housing for essential workers. These include introducing new planning tools and reforms, offering incentives for affordable housing in private developments, creating opportunities for affordable housing on government-owned land, and investigating reforms to ensure the long-term financial sustainability of essential worker housing.
Recommendation
That no changes be made to the exhibited draft AHS in response to the submission suggesting that the definition of ‘key worker’ should be widened to include retail, hospitality, and community workers.
1.4 Council ownership and involvement of property management of affordable housing dwellings
Two submissions suggests that Council will face a conflict of interest being the local government responsible for the delivery and management of affordable housing stock and as a property owner with long term financial interests.
Comment
The Environmental Planning and Assessment Act 1979 enables preparation of housing contributions schemes and for a consent authority to approve a development application subject to conditions requiring dedication of land or monetary contributions for the purposes of affordable housing.
Policies for ongoing management of affordable housing stock would need to be developed and detailed. Should the draft AHS be endorsed by Council, appropriate management strategies including consideration of any probity issues, would be prepared in line with the guiding principles outlined in Section 6 of the Strategy.
It is acknowledged that Council owns property within Hornsby Shire. The draft Strategy and the State Government Hornsby Precinct Affordable Housing Contributions Scheme apply to any proposal by Council for the development of its own land.
Council policy relating to Council development proposals requires that development applications submitted by Council are to be assessed by independent town planning consultants. Applications are either determined by the Local Planning Panel or for proposals with a Capital Investment Value of more than $5 million, they are determined by the Regional Planning Panel, in accordance with State Environmental Planning Policy (Planning Systems) 2021. These measures mitigate the risk of conflict of interest as part of the planning process.
Recommendation
That no changes be made to the exhibited draft AHS in response to the submission commenting on Council role in the delivery and management of affordable housing stock.
1.5 Promotion of high-density dwellings
One submission outlines concerns that Council is encouraging the demolition of detached housing and construction of apartment buildings.
Comment
The draft AHS does not propose to rezone any land in Hornsby Shire. Rather, the draft Strategy advocates for the provision of affordable housing dwellings, whether low, medium or high-density dwellings, in line with local planning controls.
Where land has already been identified for high density development in other endorsed Council strategies, such as the Local Housing Strategy or the Hornsby Town Centre Masterplan (now Hornsby TOD), the draft AHS simply advocates for affordable housing to be included as part of the uplift in development potential.
In addition, the draft AHS seeks to provide the strategic justification to promote the provision of affordable housing as part of any future rezonings whether State Government, Council or proponent led. This strategic position is made even more important considering recent announcements by the State Government to establish a Housing Delivery Authority to allow selected projects which would deliver significant housing uplift, but require rezonings, to go through a fast-track rezoning pathway that does not require a council process. The draft AHS would provide a basis for Council to advocate for the provision of affordable housing as part of any proposal.
Recommendation
That no changes be made to the exhibited draft AHS in response to the submission outlining concerns about the promotion of more apartment buildings.
1.6 General comments
One submission provides general comments on the structure of the Strategy, including wording and phrases and requests a glossary and table of properties in each category of the housing spectrum.
Comment
A post-exhibition review has been undertaken and minor corrections to wording have been made where relevant. The document already includes hyperlinks and footnotes to relevant external websites and references for definitions and further information. Council does not have access to the type of data required to form an accurate depiction of property and housing types across the spectrum and much of the data in relation to crisis accommodation is sensitive. Council’s Strategy is focussed on what local government can do to increase the supply of affordable housing in the Shire.
Recommendation
That minor changes for accuracy be made to the exhibited draft AHS in response to the submission providing general comments on wording and structure.
CONSULTATION
In accordance with the consultation strategy outlined in Director’s Report No. PC17/24, the draft AHS was exhibited between 26 August 2024 and 23 September 2024. The draft AHS was exhibited via the following channels:
· Council’s Your Say Hornsby website
· Hornsby eNews
· Advertisements in circulating local publications.
BUDGET
There are no budgetary implications associated with this report. Costs associated with the preparation of the draft AHS and public exhibition are covered by the Strategic Land Use Planning operational budget.
POLICY
The Hornsby Local Housing Strategy identifies the need for the provision of affordable housing in the Shire. The Strategy complements Hornsby Precinct Affordable Housing Contributions Scheme recently finalised by the NSW Government as part the Hornsby TOD rezoning by providing a contextual evidence base and actions for the collection and management of contributions made under the Scheme and any future schemes or planning agreements as part of rezonings.
Following the adoption of the draft AHS, Council would need to prepare and implement internal policies regarding the management of affordable housing dwellings. Section 7 of the draft AHS identifies directions and actions proposed by Council to encourage the delivery of affordable housing, including proposed actions for the facilitation of policies.
CONCLUSION
The draft AHS was exhibited between 26 August 2024 and 23 September 2024. It presents evidence identifying a clear need for affordable housing in the Shire and seeks to reduce the level of housing stress by outlining planning, facilitation, and advocacy options to increase the provision of affordable housing for purchase and rent.
A total of 12 submissions were received, with feedback being mostly supportive. Key matters raised have been addressed in this report. Minor changes for clarity and accuracy are recommended in response to submissions. It is recommended that Council endorse the draft AHS as attached to this report.
RESPONSIBLE OFFICER
The officer responsible for the preparation of this Report is the Manager, Strategic Land Use 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 |
Hornsby Affordable Housing Strategy 2024 |
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File Reference: F2024/00229#001
Document Number: D08993220
Director's Report No. PC20/24
Planning and Compliance Division
Date of Meeting: 11/12/2024
6 REPORT ON SUBMISSIONS - HERITAGE AND HOUSEKEEPING PLANNING PROPOSAL
EXECUTIVE SUMMARY
· At its meeting on 8 May 2024, Council resolved to endorse progression of the Heritage and Housekeeping Planning Proposal.
· The Planning Proposal seeks to amend planning controls in the Hornsby Local Environmental Plan 2013 (Hornsby LEP) to implement heritage amendments to Schedule 5 (Environmental Heritage) and the Heritage Map and to remove references to land outside the Hornsby local government area (LGA).
· The overall objective of the Planning Proposal is to improve the operation, accuracy and interpretation of the Hornsby LEP and ensure the heritage schedule is up to date.
· On 2 August 2024, the Department of Planning, Housing and Infrastructure issued a Gateway Determination authorising Council to proceed with exhibition of the Planning Proposal, following minor changes, including to the project timeline. The Planning Proposal was subsequently amended and exhibited from 26 August to 23 September 2024.
· A total of 10 community submissions were received during the exhibition. Three submissions indicate support or agreement with the proposed amendments to heritage listings. Four submissions object to proposed amendments or seek additional amendments. The remaining three provide comments only. No objections from public authorities were received.
· Key issues raised in submissions are addressed in the report. Minor changes to the Planning Proposal and supporting documents are recommended in response to submissions. It is recommended that Council endorse the Planning Proposal attached to this report, as amended, for finalisation.
THAT: 1. Council endorse the Heritage and Housekeeping Planning Proposal as amended (attached to Director’s Report No. PC20/24) and progress with finalisation of amendments to the Hornsby Local Environmental Plan 2013 as the Local Plan-Making Authority. 2. Submitters be advised of Council’s decision. |
PURPOSE
The purpose of this report is to address matters raised in submissions received during the exhibition of the Heritage and Housekeeping Planning Proposal (Planning Proposal).
BACKGROUND
At its meeting on 8 May 2024, Council considered Director’s Report No. PC8/24 concerning the Planning Proposal and resolved that:
1. Council endorse the progression of the Heritage and Housekeeping Planning Proposal attached to Director’s Report No. PC8/24 for submission to the Department of Planning, Housing and Infrastructure for a Gateway Determination.
2. The Planning Proposal be publicly exhibited in accordance with the Gateway Determination and consultation strategy identified in this report.
3. Following exhibition, a report on submissions be presented to Council for consideration.
The Planning Proposal identifies a range of amendments to Schedule 5 (Environmental Heritage) of the Hornsby Local Environmental Plan 2013 (Hornsby LEP) and associated mapping. Many of the changes have been identified through the preparation of draft heritage studies as part of Council’s Comprehensive Heritage Study (CHS), which commenced in 2020 to be undertaken over a number of years.
Draft studies reviewing new heritage items (built and landscape), archeological sites and heritage conservation areas will be presented to Council in 2025 once completed. However, in the preparation of the studies, research identified amendments that should be progressed to improve the accuracy, administration and interpretation of heritage in Hornsby Shire and to prepare the Hornsby LEP for future heritage amendments as Council completes the CHS. The Planning Proposal also identifies text, mapping references and heritage items within the (now) Parramatta local government area which need to be removed from the HLEP 2013.
DISCUSSION
In accordance with Council’s resolution, the Planning Proposal was submitted to the Department of Planning, Housing and Infrastructure (DPHI) for Gateway Determination on 14 May 2024. DPHI issued a Gateway Determination on 2 August 2024, permitting the Planning Proposal to proceed to public exhibition subject to minor updates, including to the project timeline.
Amendments to the Planning Proposal were made to address the Gateway condition and the amended Planning Proposal was exhibited from 26 August to 23 September 2024.
This report discusses matters raised in submission in response to the exhibition of the Planning Proposal.
1. Public Exhibition and submissions
A total of 10 submissions were received during the exhibition. Three submissions indicate support or agreement with the proposed amendments to heritage listings. Four submissions object to proposed amendments or seek additional amendments. The remaining three provide comments only. Key issues raised in submissions are discussed below.
Objection to consolidation of heritage items 465, 501 and 782 at Barker College
A submission on behalf of Barker College objects to the consolidation of heritage items:
· 465, Barker College Junior School;
· 501, Barker College – group of buildings, grounds and gate; and
· 782 Barker College – Centenary Design Centre, McCaskill Music Centre, and Development Office.
The submission recommends that items 465 and 782 be delisted and item 501 be amended with a reduced curtilage as identified in Barker College’s current Conservation Management Plan (CMP) prepared by NBRS & Partners Pty Ltd dated 24 October 2022.
The submission also requests the Barker College HCA be removed as the conservation area includes buildings and spaces which are not identified as being significant.
Comment
Items 465, 501 and 782 each apply to a different part of the Barker College campus, which is a single landholding. These items would have applied to landholdings that have since been consolidated into the existing lot. This presents administrative challenges for the identification and management of interacting heritage elements across the campus.
The proposed consolidation of the three existing heritage items within the Barker College campus into a single ‘Barker College’ item is an administrative change to assist with the future heritage management of Barker College. The changes to the mapped area of the consolidated heritage items corresponds to the updated address and property description for Barker College, being No. 91 Pacific Highway, Hornsby (Lot 100, DP 1262386).
Heritage listings most often apply to whole properties, which commonly extend beyond the heritage item’s area of influence, known as ‘curtilage.’ Curtilages are identified in supporting heritage inventory sheets and through heritage assessments. Guidance from DPHI is that heritage items, like other planning controls, align with property boundaries or natural features such as coastline or rivers. As such, applying a part-lot heritage item would contradict Council and NSW Government best practice.
The submission does not dispute the overall heritage significance of the School, with significant supporting documentation provided regarding heritage elements of the campus. As such, the proposed single consolidated heritage item for the campus would be the most appropriate solution for the site.
The suggestion that the HCA status be reviewed has merit and should be considered as part of the Hornsby Heritage Conservation Area Review under the CHS program.
Recommendation
That no changes be made to the Planning Proposal in response to a submission requesting delisting of certain items. However, a review of the HCA status should be considered as part of the Hornsby Heritage Conservation Review as part of the CHS Program, scheduled to be presented to Council in 2025.
Objection to amended listing of heritage item 267 at No. 183 Beecroft Road, Cheltenham
A submission objects to the proposal to list the house at the property, as well as the Garden, which is an existing heritage item (No. 267) at property No. 183 Beecroft Road, Cheltenham.
The submission states the listing of the house would adversely impact the operation of an approved childcare centre on the property. The development application for the childcare centre (DA/259/2020) was approved by the Land and Environment Court (LEC) on 16 November 2021. The LEC issued development consent was subsequently modified on 26 July 2024.
The submission states that amending item 267 to include the dwelling house is of no discernible benefit as the garden of the property is already listed and the property is located within the Beecroft Cheltenham heritage conservation area (HCA). It states that any development of the property would already be subject to a heritage impact assessment.
Further, the submission argues the draft inventory sheet accompanying the proposed amendment of item 267 relies on information that does not reflect the present condition of the dwelling house. It suggests the proposed listing would require the house be maintained to a standard inconsistent with the development consent. The submission claims the present condition of the house can only be discerned through consideration of an Archival Record, dated March 2022, and Heritage Letter, dated 14 July 2022, both prepared by Archnex Designs to satisfy conditions of consent and attached to the submission.
Comment
The proposed amendment to heritage item 267 to include the existing house as part of the listing is supported by a draft inventory sheet, following a review of the heritage-listed garden and house conducted by heritage consultant, Artefact Heritage.
The draft inventory sheet notes the house is a largely intact early Inter-War Californian Bungalow with Federation and Art Nouveau details. It also recognises the house and property representative a fine example of the large subdivision and dwelling development in the Beecroft-Cheltenham area in the Federation and Inter-War periods.
The qualities of the dwelling worthy of retention are reinforced by the LEC issued development consent and specifically, Condition Nos. 24, 25, 26, 27 and 37. Condition No. 24 requires a photographic archival record of the house and garden, including an accurate record of the exterior and interior of the building and the main garden elements prior to the issue of a construction certificate. Conditions 25, 26 and 27 require plans and works to be overseen by consultants suitably experienced in heritage conservation to minimise any effect on the heritage significance of the garden and building. Condition No. 37 requires the retention and protection of significant interior features of the house including ceilings, arches, decorative mouldings, floorboards, timber joinery and glazing during building works.
The proposed addition of the house to heritage item 267 would ensure the house and garden are recognised and protected to maintain and manage their identified heritage significance. The submission does not include information that refutes the overall findings and recommendation outlined in the draft inventory sheet.
To address the concern raised that the draft inventory sheet does not accurately reflect the present condition of the house, the sheet has been amended in response to information provided by the Archival Record and Heritage Letter prepared by Archnex Designs.
Recommendation
That no changes be made to the Planning Proposal in response to the submission objecting to the inclusion of the house in the listing of Property No. 183 Beecroft Road, Cheltenham. However, the draft inventory sheet in Appendix A of the Planning Proposal has been amended to include information from the Archival Record and Heritage Letter prepared by Archnex Designs.
Objection to amended listing of item 259 at 423-521 Old Northern Road, Castle Hill
A submission from the Oakhill College Board objects to amending the listing of Item 259 ‘Oakhill College, original building and grounds’ to include the ‘Adrian Building’. The submission suggests the inclusion of the Adrian Building in the listing name is not required as it is already included as part of the significance of the site.
Comment
The existing heritage item listing refers to the ‘Oakhill College, original building and grounds’ with the supporting heritage inventory sheet focusing on the De La Salle building’s contribution in the statement of significance, in addition to the historic nature of the grounds, overall. The Adrian Building is not specifically referenced.
The aesthetic and architectural elements of the Adrian Building have been confirmed by three qualified heritage consultants as part of this Planning Proposal and past heritage management documents prepared for the site. The exhibited draft inventory sheet supporting the addition of the Adrian Building identifies the building as a representative example of a Post-War Ecclesiastical structure. The building meets the threshold for heritage significance under the criterion ‘(c) Aesthetic/creative/technical achievement of the criteria for assessing heritage significance in NSW.’
The submission has not provided further evidence for a claim to the contrary.
However, Council officers have reviewed the naming convention established by the proposed “Barker College” item discussed above. A similar name of ‘Oakhill College’ with an updated inventory sheet would provide suitable protections for the heritage aspects of the school. The Planning Proposal and supporting draft inventory sheet have been updated accordingly.
Recommendation
The Planning Proposal and heritage sheet be updated to name item 259 ‘Oakhill College’.
Request for amendments to proposed consolidation of heritage items 153 and 154 at Nos. 37 and 39-41 Wongala Crescent, Beecroft
A submission from Arden Anglican School comments on the proposed consolidation of heritage item 153, Fence at No. 37 Wongala Crescent and item 154, House at No. 39-41 Wongala Crescent, both located on the school premises.
The submission requests heritage item 153 be delisted and not consolidated with item 154. Notwithstanding the fence is located across both No. 37 and Nos. 39-41 Wongala Crescent, the submission states that the portion of the fence at No 37 Wongala Crescent has been modified over time, including new openings and uprights to accommodate entry to the property and the replacement of early cyclone mesh with a powder coated aluminium palisade. The submission suggests these modifications adversely affect its integrity and relationship with the heritage listed house at No. 39-41 Wongala Crescent.
The submission also requests that item 154 be renamed ‘Nelson House (as part of Arden Anglican School) and front fence’ to highlight the heritage value of the portion of the fence at No 39-41 Wongala Crescent and relationship to the house.
Comment
The proposed consolidation of heritage items 153 and 154 is proposed to assist with the future heritage management of Arden Anglican School. The fence is located along both properties.
In response to the submission, Council’s Heritage officers have reviewed the condition of the portions of the fence located at No. 37 and 39-51 Wongala Crescent. The review notes it is still identifiable as a single fence and the full length retains the original and continuous historic and aesthetic association with Nelson house located on No. 39-41 Wongala Crescent. The fence across both properties adds to the significance of the house listing and streetscape.
Removal of the heritage listing of the portion of the fence at No 37 Wongala Crescent may reduce the significance of the overall fence overall over time.
However, Council officers have reviewed the suggested name for the consolidated item, ‘Nelson house and front fence’. This proposed name is supported as it is a more accurate description of the heritage significance of the site.
Recommendation
The Planning Proposal and heritage sheet be updated to name the consolidated heritage listing at No 37 and 39-41 Wongala Crescent ‘Nelson house and front fence’.
Request to expand landscape heritage at Manor Road, Hornsby
A submission requests greater protection for native trees along Manor Road, Hornsby, adjoining the Manor Road landscape heritage item (Item 494).
The submission identifies the current listing applies to the road reserve and trees but trees on private property have been removed for development. The submission requests that heritage protection be extended to gardens adjoining the road.
Comment
The Planning Proposal does not seek to amend the listing of heritage item 494, Street trees along Manor Road. Council has previously sought to heritage list trees located on private property along Manor Road through a planning proposal. At its meeting on 28 August 2019, Council endorsed a planning proposal seeking to list 22 trees located at No. 62 Manor Road, Hornsby. The proposal was submitted to the Department of Planning, Industry and Environment for Gateway Determination. On 23 August 2020, the NSW Government issued a Gateway Determination not supporting the planning proposal, noting there are existing legislative and planning mechanisms in place for the protection of the trees on private property such as Council’s biodiversity controls and tree protection orders.
Development applications in the vicinity of heritage items are subject to biodiversity assessments under Part 1 General and heritage assessment under Part 9 Heritage of the Hornsby Development Control Plan 2024. This would include a consideration of how trees in the private realm that are proposed to be removed interface with the Manor Road item.
Recommendation
That no changes be made to the Planning Proposal in response to a submission requesting greater protection for trees on private properties along Manor Road.
Request to delist heritage item 26 – St Patricks Church, Asquith
One submission requests the removal of the listing for heritage item 26, St Patrick’s Church – grounds at No. 1 Royston Parade, Asquith. The request refers to previous correspondence with Council that a review of the heritage listing would be considered as part of Council’s Comprehensive Heritage Study (CHS).
Comment
A review of heritage item 26 was not undertaken as part of this Planning Proposal. Any application to delist an existing heritage item must be accompanied by relevant information prepared by a suitably qualified heritage expert.
The request to have the heritage significance of St Patricks Church reviewed has been noted and may be undertaken in a subsequent heritage item review as part of Council’s CHS.
Recommendation
That no changes be made to the Planning Proposal in response to a submission requesting the delisting of heritage item 26.
Removal of No. 12 John Hughes Place, Wahroonga from the Wahroonga HCA
A submission supports the delisting of heritage item 756, House at No. 12 John Hughes Place, Wahroonga. The submission further requests the property be removed from the Wahroonga HCA as the property is unusual within the context of the HCA due to its scale and extensive surrounds and as the street has been significantly compromised by subdivision and construction of the M1 Pacific Motorway.
Comment
The proposed delisting of heritage item 756 is supported by a Heritage Analysis and Review prepared by Umwelt Pty Ltd dated March 2024. The analysis and review indicates the original house ‘Roselands’ was built circa 1898. The house was extended in 1982 that resulted in most of the original fabric of the house being removed, so the original house retains only the eastern half of its northern external wall and the two adjacent internal rooms.
Due to the low historical integrity of the house, the Heritage Analysis recommends the property be removed from Schedule 5 of the Hornsby LEP and the heritage values of the property continue to be managed under the Wahroonga HCA.
Although the original dwelling house has been substantially modified since first built, it is recognised that the eastern half of the north elevation and the two adjacent rooms retains heritage value. The property’s location in the Wahroonga HCA means that future development of the property would still need to consider the heritage provisions of the Hornsby LEP and Part 9 Heritage of the Hornsby DCP. Removal of the property from the Wahroonga HCA would adversely impact the retention and management of the property’s remaining heritage value.
Recommendation
That no changes be made to the Planning Proposal in response to a submission requesting the removal of No. 12 John Hughes Place, Wahroonga from the Wahroonga HCA.
Request to withdraw request for listing of Oak tree at No. 458 Galston Road, Dural
A submission requests the withdrawal of a nomination to heritage list an oak tree at No. 458 Galston Road, Dural. The submission requests the withdrawal as it suggests the landowner did not fully understand the implications of a heritage listing on the property.
Comment
In June 2018, Council received a request to nominate an Oak tree at the property for heritage listing. Council engaged landscape heritage consultant Extent Heritage in partnership with 33 Parallel Landscape Architects to review the nominated item. The tree was inspected in March 2021. The draft inventory sheet which accompanies the proposed listing identifies the tree is of local significance for its aesthetic value as an English Oak. Planted circa 1970, the tree is of immense size and spread that contributes to the streetscape and the landscape of the local area. It contributes to the local landscape by evoking the early rural character of the area.
The request to withdraw the nomination does not diminish the assessed heritage significance of the tree. Listing the Oak tree as a heritage item would mean that future development on the site requires development consent and would need to consider how proposed works would impact the significance of the Oak tree.
Recommendation
That no changes be made to the Planning Proposal in response to a request to withdraw the heritage listing of an Oak tree at No. 458 Galston Road, Dural.
2. State Agency Submissions
State agency referrals were sent to Heritage NSW, Transport for NSW and Crown Lands, in accordance with the Gateway Determination. Responses were received from Heritage NSW and Transport for NSW. No objections were raised to the Planning Proposal. Transport for NSW noted three heritage items A44, 187 and 448 currently listed in Schedule 5 of the Hornsby LEP are not reflected in their Section 170 heritage register and that it would be updated to include them.
CONSULTATION
The Planning Proposal was exhibited between 26 August and 23 September 2024 in accordance with the Gateway Determination, the Hornsby Community Engagement Plan and the public exhibition requirements of the NSW Local Environmental Plan Making Guideline. It included:
· Advertisement on Council’s ‘Your Say Hornsby’ website.
· Advertisement in local print publications.
· Advertisement in Council’s electronic newsletter.
· Letters to affected landowners.
· Displays at all Council libraries.
· Consultation with public authorities including Heritage NSW, Transport for NSW, and Crown Lands.
BUDGET
Costs associated with the preparation and implementation of the Planning Proposal are covered by the Strategic Land Use Planning operational budget.
POLICY
The Gateway Determination requires that the Planning Proposal be finalised by 23 May 2025. The Determination has authorised Council as planning proposal authority to exercise the functions of the local plan-making authority under section 3.36(2) of the EP&A Act. Council has authorisation to exercise its delegation of plan-making powers for this Planning Proposal, including the power to finalise or not proceed with the proposal.
CONCLUSION
The Heritage and Housekeeping Planning Proposal was publicly exhibited from 26 August 2024 to 23 September 2024. A total of 10 community submissions were received and no objections were raised from public authorities.
Key matters raised in submissions are addressed in this report. Minor changes to the Planning Proposal and two supporting inventory sheets have been made in response to submissions.
It is recommended that Council endorse the Heritage and Housekeeping Planning Proposal, as amended and attached to Director’s Report No. PC20/24.
RESPONSIBLE OFFICER
The officer responsible for the preparation of this Report is the Manager of Strategic Land Use 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 |
Heritage and Housekeeping Planning Proposal November 2024 Post Exhibition |
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Appendix A Inventory Sheets |
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Appendix B Umwelt Report March 2024 |
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File Reference: PP/1/2024
Document Number: D09010387
Director's Report No. IM25/24
Infrastructure and Major Projects Division
Date of Meeting: 11/12/2024
7 SRV SHARED PATH PROJECT SCHEDULE
EXECUTIVE SUMMARY
· Council’s application for a Special Rate Variation (SRV) was approved by the Independent Pricing and Regulatory Tribunal on 13 June 2023, with IPART’s approval including an allocation of $13,930,000 over 10 years to fund Active Transport projects such as Shared Paths.
· To support Council’s SRV application for Shared Paths, the pre-existing project delivery program for shared paths is based on the Walking and Cycling Strategy (WCS) which was adopted by Council at its meeting in November 2021.
· A number of the high priority Shared Path projects have already been delivered by Council utilising NSW Government Active Transport Grants during the development and since endorsement of the current Walking & Cycling Strategy.
· In line with the governance adopted for SRV funds, an updated prioritisation model has been developed to ensure that the projects align with Council’s goals, and Transport for NSW’s Active Transport practice. This will increase opportunities to leverage SRV funds for matched funding opportunities from various government grant programs.
· It is recommended that Council endorse the updated prioritisation methodology and the SRV project priorities under the Shared Path Program in the interim, noting a comprehensive review of the Walking and Cycling Strategy will commence in the coming 12 months to produce a Shire-Wide Active Transport Strategy for Hornsby Shire Council.
THAT Council endorses the updated prioritisation matrix and project inclusions as part of the SRV allocations for Shared Paths and in accordance with Council’s Annual Operational Plan and Delivery Program. |
PURPOSE
The purpose of the report is to advise Council on updated Shared Path priorities, recently delivered projects and seek Council’s endorsement of the Shared Paths updated prioritisation matrix for SRV fund allocations.
BACKGROUND
Council’s application for a SRV was approved by the Independent Pricing and Regulatory Tribunal on 13 June 2023, with IPART’s approval permitting a cumulative increase in rates income of 31.05% over four years from 2023/24 to 2026/27.
A condition of Council’s ten-year SRV (2023/2024 to 2032/33) is that SRV funds must be allocated to the program of expenditure included within Council’s original application, which contained $67.26 million for Strategic Initiatives over 10 years. A further condition is that Council must report progress against the program of expenditure in the Annual Report each year. The SRV allocation for Shared Paths is $13,930,000 over 10 years.
Since the development of the Walking and Cycling Strategy (WCS) 2021 WCS, Council has delivered the following Shared Path projects using funds from the State Government [Active Transport] Grants and Development Contributions:
· Peats Ferry Road, Asquith / Hornsby - between Galston Road and Wattle Street (Development Contributions)
· Edgeworth David Avenue, Hornsby - between Albert Street and Myra Street (TfNSW Grant)
· Palmerston Road, Hornsby - between Edgeworth David Avenue and Burdett Street (TfNSW Grant)
· Castle Hill Road, Cherrybrook - between Pennant Hills Road and Franklin Road (TfNSW Grant)
· Brooklyn Road, Brooklyn - between Brooklyn Marina and Baden Powell Avenue (TfNSW Grant)
· Peats Ferry Road, Hornsby - between Hornsby Tafe and Galston Road (TfNSW Grant)
· Cheltenham to Beecroft Shared Path (The Crescent) (TfNSW Grant)
The completion of the above works and the governance adopted for SRV funds has triggered a review of the WCS priorities for Shared Paths to include other Active Transport projects such as those for Hornsby Park. An updated priority matrix has been developed using ranking criteria based on TfNSW Active Transport methodology, delivery readiness and Council priorities.
At the October 2024 Executive Leadership Team Meeting, it was determined that as the SRV list of Shared Path priority projects had changed under the Walking and Cycling Strategy 2021 and that it was prudent to provide a revised schedule of works back to Council for endorsement.
A necessary and comprehensive review of Council’s Walking and Cycling Strategy will commence in the coming 12 months to include rural areas under a whole-of shire Active Transport Strategy for Council building on the back of the current (WCS).
DISCUSSION
In October 2020, the Draft Walking and Cycling Strategy (WCS) and resolved to be placed on public exhibition. Council endorsed the Walking & Cycling Strategy under Deputy General Managers Report No. IM4/20 at its meeting on 10 November 2021.
The main objective of the WCS is to provide a framework for Council to increase participation in walking and cycling, prioritise its delivery and to improve the supporting infrastructure and resources for these activities in Hornsby Shire over the next 10 years.
The Shared Path priorities adopted currently are based on the recommendations of the WCS, which ranked projects into three priorities (High, Medium, Low). For each category there are a number of projects with no further prioritisation. For example, there are currently 12 projects equality listed as high priority.
The updated prioritisation matrix for Shared Path SRV allocations has been developed using 14 ranking and scoring criteria based on Active Transport methodology, delivery readiness. Each project has been evaluated using the SRV Scoring Criteria (Attachment 3) as follows:
1. Addresses a current missing link and/or constraint in an existing network.
2. Does it complete or extend an existing network.
3. Walking and Cycling Strategy ranking score.
4. Is the location in a growth area or experiencing rapid increase in demand (from residential, commercial, or tourism growth).
6. Location is within an urban suburb or rural area.
7. Low speed residential environment and/or where a suitable off-road alternative already exists.
9. Road Category / Classification.
10. Improvement to road safety.
11. Evidence of regular use by pedestrians and cyclists.
12. Connection to other destinations and Active Transport generators.
13. Potential to be used or promoted as a scenic or tourist activity.
14. Has the project been specifically identified as a priority by the Community.
If this report is endorsed, Council will seek to deliver the following projects valued at $2.1 million from SRV funds in 2024/25.
1. Hornsby Park Construction of Shared Zone in Quarry Road $800,000.
2. Hornsby Park Construction of Internal Pathways $500,000
3. Ramsey Road Pennant Hills Construction of Shared Path
between Pennant Hills Library and Bellamy Street $800,000
BUDGET
Council has allocated $13,930,000 over 10 years from the SRV funds. Council will continue to seek grant funding from TfNSW available grant programs to leverage SRV funds to expand the Shared Path network across Hornsby Shire and in accordance with the endorsement of the Annual Operational Plan and Delivery Program.
POLICY
There are no Policy implications associated with this Report.
CONCLUSION
The updated Shared Path Prioritisation Rankings and methodology for Active Transport projects and Shared Paths will ensure that the SRV funds are governed under an appropriate process, determined for inclusion on Council’s Annual Operational Plan and Delivery Program for endorsement and implemented to ensure optimisation of the benefits for the Hornsby Shire Community by delivering works in areas where use and demand are at their highest.
RESPONSIBLE OFFICER
The officer responsible for the preparation of this Report is the Director Infrastructure & Major Projects, Fiona Leatham who can be contacted on (02) 9847 6665.
Fiona Leatham Director, Infrastructure & Major Projects Infrastructure and Major Projects Division |
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Walking and Cycling Strategy 2021 |
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Shared Path Prioritisation Rankings |
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SRV Scoring Criteria |
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File Reference: F2018/00293
Document Number: D09016589
Mayor's Note No. MN9/24
Date of Meeting: 11/12/2024
9 MAYORS NOTES 01 NOVEMBER 2024 TO 30 NOVEMBER 2024
Note: These are the functions that the Mayor, or his representative, has attended in addition to the normal Council Meetings, Workshops, Mayoral Interviews and other Council Committee Meetings.
Friday 2nd November 2024 – The Mayor attended the Hornsby Relay for Life 2024 at Rolf Park, Hornsby Heights.
Sunday 3rd November 2024 – The Mayor attended the Dish 20-year celebrations at St Peter’s Anglican Church, Hornsby.
Sunday 3rd November 2024 – The Mayor attended the Asquith Bowling Club Presentation of the Hornsby Shire Cup at the Asquith Bowling Club.
Sunday 3rd November 2024 – The Mayor attended the Sunset Concert Series Outdoor Concert in Fagan Park, Galston.
Tuesday 5th November 2024 – The Mayor attended the Asquith Girls High School's 2024 Musical "Get with the Times" at the Concourse in Chatswood.
Wednesday 6th November 2024 – The Mayor attended an afternoon tea hosted by Studio ARTES, Jersey Lane Hornsby.
Friday 8th November 2024 – The Mayor attended the Studio Artes 2024 Annual Ball - Ball of Rock at Hornsby RSL.
Saturday 9th November 2024 – The Mayor attended the Ferry Artists Presents event at Wisemans Ferry.
Saturday 9th November 2024 – The Mayor attended the Beat Retreat Ceremony at Glenorie RSL Club.
Saturday 9th November 2024 – The Mayor attended the Brooklyn Community Theatre production of "Run for your Wife" at Rest Park Brooklyn.
Sunday 10th November 2024 – The Mayor attended the Urinetown production presented by Hornsby Musical Society at the pioneer theatre Castle Hill.
Sunday 10th November 2024 – The Mayor attended the Remembrance Day Service at Anzac Jawan Cenotaph Shepherds Drive, Cherrybrook.
Sunday 10th November 2024 – On behalf of the Mayor, Councillor Seaglove attended Galston Remembrance Day at the Galston Cenotaph.
Monday 11th November 2024 – The Mayor attended the Remembrance Day Commemorations at the Hornsby RSL club.
Wednesday 13th November 2024 – The Mayor hosted two Citizenship Ceremonies at the Administration Building at 296 Peats Ferry Road, Hornsby.
Thursday 14th November 2024 – The Mayor attend Glenorie Progress Association AGM and General Meeting at Glenorie RSL.
Wednesday 20th November 2024 – The Mayor attended a photo shoot for the Hornsby Aquatic Centre's 10th Birthday at Hornsby Aquatic and Leisure Centre.
Thursday 21st November 2024 – The Mayor attended Beecroft Cheltenham Civic Trust Public Meeting at the Presbyterian Church in Beecroft.
Wednesday 27th November 2024 – The Mayor attended the Hornsby Ku-ring-gai DFV - Walk the Talk at the PCYC, Waitara.
Friday 29th November 2024 – The Mayor attended an Invitation to Marri Mittigar Special Assistance School at Barker College, Hornsby.
Friday 29th November 2024 – The Mayor attended the Galston High School’s 50th Anniversary celebrations at Galston.
Friday 29th November 2024 – The Mayor attended the Sydney Rotary Diwali Celebration at Delhi Heights Indian Restaurant, Dural.
File Reference: F2004/07053-002
Document Number: D09016739
Notice of Motion No. NOM8/24
Date of Meeting: 11/12/2024
10 NEW LINE ROAD/COUNTY DRIVE AND NEW LINE ROAD/BOUNDARY ROAD ROUNDABOUTS
THAT Council write to Transport for NSW and Local Members of Parliament requesting that they prioritise meaningful landscape amenity improvements to the New Line Road/County Drive and New Line Road/Boundary Road roundabouts.
Note from Councillor During the recent Local Government Election Campaign, many residents raised with me the unkempt state of the New Line Road/Country Drive/Shepherds Drive roundabout. This highly prominent roundabout is situated on one of Hornsby’s major transport corridors with over 30,000 vehicles per day using the roundabout. The roundabout contains a basic grassed surface, which is often left overgrown, presenting a very poor image of the Shire. The Boundary Road/New Line Road roundabout likewise is maintained in a very basic state that does not add to the visual amenity of this major transport corridor, or the Shire more widely. Improving the landscaping condition of these roundabouts may appear to be a relatively small request, however, would have an oversized impact in improving community pride for the area. I consider that small but meaningful improvements are achievable, and by way of example I reference County Drive which is a Council Road. County Drive has an avenue of street trees planted in the centre island, which provides a very appealing avenue on what would otherwise be a basic utilitarian corridor. I seek Councillors support for Council to write to Transport for NSW and Local Members of Parliament requesting that meaningful landscaping improvements are made to the New Line Road/County Drive and Boundary Road/New Line Road roundabouts to improve the appearance and civic pride of the Shire. |
There are no attachments for this report.
File Reference: F2004/09785-003
Document Number: D09023473
Notice of Motion No. NOM9/24
Date of Meeting: 11/12/2024
11 SAFETY ASSESSMENT OF THE INTERSECTION OF BEECROFT ROAD AND KIRKHAM STREET
THAT Council: 1. Write to both the Transport Minister and Transport for NSW to undertake an urgent safety assessment on the intersection of Beecroft Road and Kirkham Street. 2. Work with the local sports clubs that regularly use Cheltenham Oval for training and matches to support council's call for a safety assessment of the Beecroft Road and Kirkham Street intersection. 3. Work with the Beecroft Cheltenham Civic Trust to actively support council's call for a safety assessment of the Beecroft Road and Kirkham Street intersection. 4. Write to the new State MP for Epping, Monica Tudehope, to request support for a safety assessment of the Beecroft Road and Kirkham Street intersection.
Note from Councillor The problems of both inconvenience and danger that are associated with the intersection of Kirkham Street and Beecroft Road are well known to locals and many visitors to that area of the Shire. This intersection of Beecroft Road and Kirkham Street is considered by many as the most dangerous intersection in the Hornsby Shire and recent accident history at this intersection supports this. Some of these accidents have been serious and resulted in injuries. I highlight that since 2009, thirty-six (36) crashes at the intersection of Beecroft Road and Kirkham Street have been recorded. Twenty-one (21) of the crashes have resulted in injuries. Fifteen (15) were major tow-aways. This intersection also poses a high risk to pedestrians which has increased with Council's recent upgrade to the popular Beecroft Village Green. For over two decades various local resident groups have requested action from the State Government to address the safety and traffic issues associated with the intersection of Beecroft Road and Kirkham Street without success. |
There are no attachments for this report.
File Reference: F2004/09758
Document Number: D09023546
Notice of Motion No. NOM10/24
Date of Meeting: 11/12/2024
12 RECOGNITION OF THE HON PHILIP RUDDOCK AO
THAT in acknowledgement and gratitude of his long and distinguished career of public service in the Commonwealth Parliament and as a two term popularly elected Mayor, Council: 1. Thank and recognise the Hon Philip Ruddock AO. 2. Name the soon to be opened Southern Lookout at Hornsby Park in his honour.
Note from Councillor The Hon Philip Ruddock AO has served the community of Hornsby for almost his entire life. Community service and a love of the Hornsby district are part of Philip Ruddock’s DNA. From his childhood days of watching his father in this Chamber, when his father was a Councillor and Mayor, through to his support for community members and community issues post his most recent term as Mayor, he has always contributed with passion to the Hornsby Community. The Hon Philip Ruddock AO was born into a political home, sharing his commitment to public service and the Hornsby Shire with his late father, the Hon Max Ruddock who served the area as Councillor, Mayor, State Member and State Government Minister. Sharing his late Father, Max Ruddock’s commitment to public service, his quiet, studious nature led him to actively follow in his father’s footsteps. At the tender age of sixteen, he found maps which showed that Hornsby Shire Council could not proceed with plans for an industrial area in Thornleigh, thus saving the area for residential use. In 1973, Philip won the Federal seat of Parramatta at a by-election and held the seat until 1977 when, following a redistribution, he was elected to the newly-created seat of Dundas. Following another redistribution, he became Member for Berowra in 1993 and was back in the heart of the community which had fostered his initial love of politics and community service. Appointed as Minister for Immigration and Multicultural Affairs in 1996, he held a range of important portfolios during turbulent years, including as Minister for Immigration and Multicultural Affairs and Indigenous Affairs from 2001 to 2003 and Attorney General from 2003 till 2007. He has always supported diversity, multiculturalism and restored integrity to the immigration system. With 42 years and 7 months parliamentary service, Philip is the second longest-serving Federal MP in the history of the Australian Parliament. His commitment to the people he served is legendary. Throughout his public life, he has kept his own counsel, maintaining a reserved demeanour, even when those who know him well understood he was searching tirelessly for a solution to a difficult issue. Having held many significant portfolios, particularly as Minister for Immigration and Multicultural Affairs and Indigenous Affairs and as Attorney General, he was the target of both animosity and praise for his stance on a range of sensitive issues. Neither emotion would sway him from his considered position. Throughout his time in Federal Parliament, he balanced the competing needs of family, electorate and Parliamentary duties. He was accessible to all of his constituents and built an especially close connection with multicultural groups, both local and national which stemmed from his deep commitment to diversity and non-discriminatory immigration. While some may criticise his position on an issue, none could question his integrity. Following his retirement from the Parliament he returned to public life when he was elected mayor of Hornsby in 2017. Through steady but strong leadership, he successfully guided council through some turbulent times that included dangerous bushfires, devastating floods and the Covid 19 pandemic. He made further notable contributions to the Hornsby Community during his subsequent two terms as Mayor until September 2024. He led Council to a number of significant improvements including changes to Council’s tree controls, establishing a significant 25,000 tree planting program, changes to planning to improve the quality of higher density development and ensuring a financially sustainable organisation and improving transparency. He met with any resident who had an issue to raise, overseeing citizenship ceremonies with real conviction as well as attending countless community gatherings and celebrations were hallmarks of his period as Mayor. It was during his tenure as Mayor that he was justly recognised with an Order of Australia for his distinguished service to the people and parliament of Australia, and to local government. Given this incredible commitment to public service, and the Hornsby Community in particular, it is only fitting for Council to recognise his contribution by naming the soon to be opened Southern lookout in his honour. This would serve as a fitting tribute. |
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File Reference: F2021/00171
Document Number: D09023565
Notice of Motion No. NOM11/24
Date of Meeting: 11/12/2024
13 SIGNALISATION OF INTERSECTION OF MT PLEASANT AVENUE AND PENNANT HILLS ROAD, NORMANHURST
THAT Council: 1. Acknowledge the ongoing traffic management issues surrounding Loreto Normanhurst and the impact this has upon local residents and users of Loreto, other schools in the precinct together with local aged care facilities. 2. Expresses our concern that traffic flows both within Mt Pleasant Avenue and at the intersection itself present very real safety concerns for pedestrians, local residents and vehicle users all of which could be addressed through signalisation of the intersection. 3. Write to the NSW Minister for Transport, the NSW Minister for Roads and the State Member for Wahroonga urging their support to prioritise signalisation of this intersection of Mt Pleasant Avenue & Pennant Hills Road, Normanhurst.
Note from Councillor Loreto Normanhurst has been providing education for young women in Hornsby Shire for more than 125 years. In recent years, the school has embarked upon a 30-year Master Plan process to renew many of the existing facilities of the school and plan for growth that will see student numbers increase incrementally in the period to 2047. While the planning approval process has been handled by the planning panels of the NSW State Government, the panels have provided Council and the community an ongoing role through the creation of a Community Consultative Committee. While the planning approval process has addressed development within the school, the management of local traffic issues falls to Council. Recently, a meeting was convened between Council representatives, school and community representatives to discuss local traffic issues which has reinforced the view that despite the best efforts of both the school and council, the best method to achieve safer traffic flows rests in signalisation of this intersection. It is Council’s adopted position that signalisation of the intersection of Mt Pleasant Avenue and Pennant Hills Road is the best approach to manage traffic within the precinct. Lobbying and advocacy on this issue has occurred over many years and initially support had been received from the former State Government to proceed with this, however this was subsequently overturned by the Dept. Given the ongoing issues, it is appropriate that Council recommence our lobbying for traffic signals which will ensure the safety of local residents, school children and all users of this precinct. Note that seven (7) crashes have been recorded since 2009 at this intersection. One (1) Fatal crash in 2015, two (2) of the crashes have resulted in injuries. Four (4) were major tow-aways. |
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File Reference: F2004/09788
Document Number: D09023776
Notice of Motion No. NOM12/24
Date of Meeting: 11/12/2024
14 HORNSBY SHIRE EVENTS PROGRAM
THAT Council: 1. Acknowledge that: a) Council plays a key role in delivering events in our community and in supporting events run by others through support with traffic management, venue hire, waste management, sustainability resources, equipment hire such as the community stage and BBQ; marketing and promotion and through financial support via our Community Events Grants Program; b) There are a large number of community organisations and groups conducting long-standing and greatly valued community events in our Shire along with Council and there is an opportunity for Council to play a role as facilitator, providing a forum for collaboration, partnership and promotion between local organisations responsible for delivering events in our area; c) Our community has told us they want to see a stronger focus on family-friendly and school holiday activities; activities for young people/young adults and events that reflect the demographics of our Shire: events that celebrate our multicultural community, healthy ageing, gender diversity and disability inclusion; and d) There is a strategic approach required for our events program which needs to reflect our adopted strategies in a variety of areas but with specific regard to Economic Development and Tourism and our focus in regard to place branding, the night time economy and destination marketing. 2. Undertake a comprehensive review of our current Events Program, including the Community Events Grants Program, to consider whether existing events meet Council’s strategic priorities and the needs of our residents along with how Council may play a greater role in encouraging collaboration. 3. Commence the review with a Councillor Workshop to hear the views of Councillors and discuss the scope of the review program. 4. Consider ways in which Council can promote local events and destinations through a review of Council’s on-line Events Calendar or through other means. 5. Host a regular Community Events Forum, inviting local event organisers to come together to obtain information about the levels of Council support available; evaluate the local events program both Council and community-based and to open a dialogue seeking collaboration and information-sharing to ensure that the local events calendar provides support for a variety of events throughout the whole year; 6. Report the outcomes prior to the implementation of any changes to the Events Program and Community Events Grants Program.
Note from Councillor Community events play a large part in the life of our community and provide Council with great opportunities to promote our local area, support local businesses, community organisations and charities. Council have already identified the need to review our community events program in our Delivery Program and this Notice of Motion seeks to highlight some of the ways in which Council can play a greater role in collaboration, promotion and delivery of local events. Council’s Role It is acknowledged that Council is only one of a number of players in the delivery of community events area within Hornsby Shire and that many community events in our Shire have a long history. By contrast to many other Councils we have a relatively small event budget and a geographically large area with many potential venues. Our community relies upon many organisations including services clubs, school P & C associations, community organisations and the Chamber of Commerce along with Council for the delivery of events. It seems appropriate that in reviewing our own Council Event Program, Council should host a forum of these event providers and managers in our Shire, to facilitate a discussion and share ideas that could lead to further local collaboration and partnerships. A forum and/or regular events network and would provide Council with some appropriate guidance on how we can further develop local events, reduce duplication and scheduling issues and address our strategic objectives through partnerships and collaboration. |
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File Reference: F2012/00682