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MINUTES OF General Meeting

 

Held at Council Chambers, HORNSBY

on Wednesday 12 February 2025

at 6:30 PM

 

 

 

 

welcome to Country

A Welcome to Country was given by the Darug and GuriNgai Traditional Owner representative, Uncle Laurie Bimson.

PRESENT

Councillors Waddell (Chairman), Ball, Conley, Greenwood, McClelland, McIntosh, McSweeney, Seaglove, Simons, and Tilbury

NATIONAL ANTHEM

OPENING PRAYER

Pastor David Nathan from The Hive Church, Hornsby opened the meeting in prayer.

Acknowledgement of RELIGIOUS DIVERSITY

Statement by the Chairman:

"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 Chairman:

"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

Nil

political donations disclosure

Statement by the Chairman:

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

MAYOR WADDELL declared a Special Disclosure of Pecuniary Interest under clause 4.24 c) of the Code of Conduct for Councillors (the Code of Conduct) in relation to Item 4 – PC1/25 Low and Mid-Rise Housing Reforms – Dual Occupancy Minimum Lot Size Controls. Refer to that item for details.

COUNCILLOR SIMONS declared a Special Disclosure of Pecuniary Interest under clause 4.24 c) of the Code of Conduct for Councillors (the Code of Conduct) in relation to Item 4 – PC1/25 Low and Mid-Rise Housing Reforms – Dual Occupancy Minimum Lot Size Controls. Refer to that item for details.

COUNCILLOR TILBURY declared a Special Disclosure of Pecuniary Interest under clause 4.24 c) of the Code of Conduct for Councillors (the Code of Conduct) in relation to Item 4 – PC1/25 Low and Mid-Rise Housing Reforms – Dual Occupancy Minimum Lot Size Controls. Refer to that item for details.

COUNCILLOR BALL declared a Special Disclosure of Pecuniary Interest under clause 4.24 c) of the Code of Conduct for Councillors (the Code of Conduct) in relation to Item 4 – PC1/25 Low and Mid-Rise Housing Reforms – Dual Occupancy Minimum Lot Size Controls. Refer to that item for details.

COUNCILLOR MCCLELLAND declared a Special Disclosure of Pecuniary Interest under clause 4.24 c) of the Code of Conduct for Councillors (the Code of Conduct)  in relation to Item 4 – PC1/25 Low and Mid-Rise Housing Reforms – Dual Occupancy Minimum Lot Size Controls. Refer to that item for details.

COUNCILLOR MCINTOSH declared a Special Disclosure of Pecuniary Interest under clause 4.24 c) of the Code of Conduct for Councillors (the Code of Conduct) in relation to Item 4 – PC1/25 Low and Mid-Rise Housing Reforms – Dual Occupancy Minimum Lot Size Controls. Refer to that item for details.

COUNCILLOR CONLEY declared a Pecuniary Interest in relation to Item 4 - PC1/25 Low and Mid-Rise Housing Reforms – Dual Occupancy Minimum Lot Size Controls. Refer to that item for details.

COUNCILLOR GREENWOOD declared a Pecuniary Interest in relation to Item 4 - PC1/25 Low and Mid-Rise Housing Reforms – Dual Occupancy Minimum Lot Size Controls. Refer to that item for details.

COUNCILLOR GREENWOOD declared a Special Disclosure of Pecuniary Interest under clause 4.24 c) of the Code of Conduct for Councillors (the Code of Conduct) in relation to Item 4 – PC1/25 Low and Mid-Rise Housing Reforms – Dual Occupancy Minimum Lot Size Controls. Refer to that item for details.

COUNCILLOR MCSWEENEY declared a Special Disclosure of Pecuniary Interest under clause 4.24 c) of the Code of Conduct for Councillors (the Code of Conduct) in relation to Item 4 – PC1/25 Low and Mid-Rise Housing Reforms – Dual Occupancy Minimum Lot Size Controls. Refer to that item for details.

confirmation of minutes

RESOLVED ON THE MOTION OF COUNCILLOR MCCLELLAND, seconded by COUNCILLOR MCINTOSH

THAT the Minutes of the General Meeting held on Wednesday 11 December 2024 be confirmed, a copy having been distributed to all Councillors.

 

FOR:                  Councillors Ball, Conley, Greenwood, McClelland, McIntosh, McSweeney, Seaglove, Simons, Tilbury and Waddell

 

AGAINST:          Nil

 

petitionS

COUNCILLOR BALL tabled a petition with 616 signatures regarding the proposed closure of Pennant Hills, Post Office.

presentations

Nil

Rescission Motions

Nil

Mayoral Minutes

7                    MM1/25        Closure of Pennant Hills Post Office

 (F2004/06568)

RESOLVED ON THE MOTION OF COUNCILLOR WADDELL, seconded by COUNCILLOR MCCLELLAND,

THAT Council:

1.           Advocate on behalf of the community by appealing to Australia Post to reconsider its position and do all it can to maintain the essential service of a post office in Pennant Hills.

2.           Seek further dialogue with Australia Post about how Council could support it to do this.

3.           Continue to liaise with the state and federal members seeking their support on this important matter.

 

FOR:                  Councillors Ball, Conley, Greenwood, McClelland, McIntosh, McSweeney, Seaglove, Simons, and Waddell

 

AGAINST:          COUNCILLOR Tilbury

 

ITEMS PASSED BY EXCEPTION / CALL FOR SPEAKERS ON AGENDA ITEMS

THE MAYOR ANNOUNCED his intention to deal with the balance of the Business Paper by the exception method and announced the items.

Item 4 was withdrawn for discussion.

RESOLVED ON THE MOTION OF COUNCILLOR McIntosh, seconded by COUNCILLOR TILBURY,

THAT the recommendations in respect of items 1, 2, 3, 5, and 8 be adopted.

 

FOR:                  Councillors Ball, Conley, Greenwood, McClelland, McIntosh, McSweeney, Seaglove, Simons, Tilbury and Waddell

AGAINST:          Nil

 

For the sake of clarity, the above items are recorded in Agenda sequence.

Note: Item 6 was called over and noted.

Note: Persons wishing to address Council on Non Agenda items were permitted to speak after all items on the Agenda in respect of which there was a speaker from the public were finalised by Council. Their names are recorded in the Minutes under the heading “Public Forum – Non Agenda Items”.

GENERAL BUSINESS

Office of the General Manager

1                    GM3/25         December 2024 Performance Report on the 2024-2027 Delivery Program and Quarterly Budget Review Statement

(F2024/00060)

RESOLVED ON THE MOTION OF COUNCILLOR McIntosh, seconded by COUNCILLOR TILBURY,

THAT the:

1.                 December 2024 Performance Report showing progress of the 2024-2027 Delivery Program including the 2024/25 Operational Plan and Budget, be received and noted.

2.                 Quarterly Budget Review Statement for the period ending December 2024 be received and noted.

 

FOR:                  Councillors Ball, Conley, Greenwood, McClelland, McIntosh, McSweeney, Seaglove, Simons, Tilbury and Waddell

AGAINST:          Nil

 

Corporate Support Division

2                    CS4/25         Investments and Borrowings For 2024/2025 - Status For The Periods Ending 30 November 2024 And 31 December 2024

(F2004/06987-02)

RESOLVED ON THE MOTION OF COUNCILLOR McIntosh, seconded by COUNCILLOR TILBURY,

THAT the contents of Director’s Report No. CS4/25 be received and noted.

 

FOR:                  Councillors Ball, Conley, Greenwood, McClelland, McIntosh, McSweeney, Seaglove, Simons, Tilbury and Waddell

AGAINST:          Nil

 

3                    CS5/25         Councillor Expenses and Facilities Policy - Reporting Required by Section 15 of the Policy

(F2004/09552-02)

RESOLVED ON THE MOTION OF COUNCILLOR McIntosh, seconded by COUNCILLOR TILBURY,

THAT Council note that details regarding the provision of Councillor expenses and facilities for the period from 1 July 2024 to 31 December 2024 have been tabled in accordance with the Councillors’ Expenses and Facilities Policy.

 

FOR:                  Councillors Ball, Conley, Greenwood, McClelland, McIntosh, McSweeney, Seaglove, Simons, Tilbury and Waddell

AGAINST:          Nil

 

Community and Environment Division

Nil

Planning and Compliance Division

4                    PC1/25         Low and Mid-Rise Housing Reforms – Dual Occupancy Minimum Lot Size Controls

(F2018/00162-002#003)

MAYOR WADDELL declared a Special Disclosure of Pecuniary Interest under clause 4.24 c) of the Code of Conduct for Councillors in relation to this item. The special disclosure is available for inspection at Council’s Administration Centre.

COUNCILLOR SIMONS declared a Special Disclosure of Pecuniary Interest under clause 4.24 c) of the Code of Conduct for Councillors in relation to this item. The special disclosure is available for inspection at Council’s Administration Centre.

COUNCILLOR TILBURY declared a Special Disclosure of Pecuniary Interest under clause 4.24 c) of the Code of Conduct for Councillors in relation to this item. The special disclosure is available for inspection at Council’s Administration Centre.

COUNCILLOR BALL declared a Special Disclosure of Pecuniary Interest under clause 4.24 c) of the Code of Conduct for Councillors in relation to this item. The special disclosure is available for inspection at Council’s Administration Centre.

COUNCILLOR MCCLELLAND declared a Special Disclosure of Pecuniary Interest under clause 4.24 c) of the Code of Conduct for Councillors in relation to this item. The special disclosure is available for inspection at Council’s Administration Centre.

COUNCILLOR MCINTOSH declared a Special Disclosure of Pecuniary Interest under clause 4.24 c) of the Code of Conduct for Councillors in relation to this item. The special disclosure is available for inspection at Council’s Administration Centre.

COUNCILLOR CONLEY declared a Pecuniary Interest in this item under clause 4.16 of Councils Code of Meeting Practice (see Declarations of Interest in these Minutes). The nature of interest was stated by COUNCILLOR CONLEY on the Declaration of Interest form as: “A close relative owns land in an R2 zone apart from their primary residence“ COUNCILLOR CONLEY was not present at, or in sight of, the meeting when this item was being debated or voted on.

COUNCILLOR GREENWOOD declared a Pecuniary Interest in this item under clause 4.16 of Councils Code of Meeting Practice (see Declarations of Interest in these Minutes). The nature of interest was stated by COUNCILLOR GREENWOOD on the Declaration of Interest form as: “my investment property is on R2 zoned land within Hornsby Shire“ COUNCILLOR GREENWOOD was not present at, or in sight of, the meeting when this item was being debated or voted on.

COUNCILLOR GREENWOOD declared a Special Disclosure of Pecuniary Interest under clause 4.24 c) of the Code of Conduct for Councillors in relation to this item. The special disclosure is available for inspection at Council’s Administration Centre.

COUNCILLOR MCSWEENEY declared a Special Disclosure of Pecuniary Interest under clause 4.24 c) of the Code of Conduct for Councillors in relation to this item. The special disclosure is available for inspection at Council’s Administration Centre.

 

RESOLVED ON THE MOTION OF COUNCILLOR McIntosh, seconded by COUNCILLOR MCCLELLAND,

THAT Council endorse the following recommended minimum lot size controls for dual occupancy developments for submission to Department of Planning, Housing and Infrastructure:

 

Dual occupancy (attached)

Dual occupancy (detached)

Parent

Child

Parent

Child

Land not within an HCA

700sqm

350sqm

800sqm

400sqm

Land within an HCA

800sqm

400sqm

900sqm

450sqm

 

FOR:                  Councillors Ball, McClelland, McIntosh, McSweeney, Seaglove, Simons, Tilbury and Waddell

AGAINST:          Nil

 

Infrastructure and Major Projects Division

Nil

Confidential Items

5                    CS1/25         Renewal of Lease of Operational Land at Brooklyn

This report was deemed confidential, 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.

(F2004/09480)

RESOLVED ON THE MOTION OF COUNCILLOR McIntosh, seconded by COUNCILLOR TILBURY,

THAT Council authorise the General Manager to progress the matter in line with the proposed next steps outlined in the Discussion Section of Confidential Director’s Report No. CS1/25.

 

FOR:                  Councillors Ball, Conley, Greenwood, McClelland, McIntosh, McSweeney, Seaglove, Simons, Tilbury and Waddell

AGAINST:          Nil

PUBLIC FORUM – NON AGENDA ITEMS

Mr Jem Punthakey on behalf of the Sydney Alliance - Hornsby, addressed Council in relation to transport orientated development, zoning restrictions and housing affordability.

Mr Andrew Wilson on behalf of the Pennant Hills Civic District Trust addressed Council in relation to the need and availability of externally accessible defibrillators at Ern Holmes Oval, Pennant Hills and thanked Council and staff for enabling this.

Questions with Notice

Nil

Mayor's Notes

6                    MN1/25         Mayors Notes 01 December to 31 January 2025

(F2004/07053-002)

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

 

Sunday 1st December 2024 – The Mayor attended the Rotary Club of West Pennant Hills and Cherrybrook Christmas Markets.

Tuesday 3rd December 2024 – The Mayor attended Barker College Junior School Celebration at the Rosewood Centre, Barker College, Hornsby.

Tuesday 3rd December 2024 – On behalf of the Mayor, Councillor McClelland attended the Studio Artes exhibition opening at Edgeworth David Ave, Hornsby.

Tuesday 3rd December 2024 – The Mayor attended Arden Anglican School's Presentation Day in Darling Harbour.

Wednesday 4th December 2024 – The Mayor hosted two Citizenship Ceremonies in the Administration Building, Hornsby.

Wednesday 4th December 2024 – The Mayor attended the Wise Guys and Starry Skies production and thanksgiving service at Pacific Berowra Christian School.

Thursday 5th December 2024 – The Mayor attended the 2024 Presentation Day at Clarke Road School, Hornsby.

Thursday 5th December 2024 – The Mayor attended the Loreto Normanhurst - Year 7 to 11 Awards in Pennant Hills.

Thursday 5th December 2024 – On behalf of the Mayor, Councillor Tilbury attended Carols Under the Star at Warrina Street Oval, Berowra.

Saturday 7th December 2024 – The Mayor attended the Bushcare and Nursery Volunteer Christmas Party at Magpies, Waitara.

Sunday 8th December 2024 – The Mayor attended the Women’s Shed Hornsby Ku-ring-gai annual Christmas Party at Kokoda Residencies, Waitara.

Monday 9th December 2024 – The Mayor attended the Galston Public School Presentation Day at Galston Public School, Galston.

Tuesday 10th December 2024 – The Mayor attended Galston High School's annual Presentation Evening at Galston High School.

Tuesday 10th December 2024 – On behalf of the Mayor, Councillor Greenwood attended the Pennant Hills High School 2024 Presentation Evening at Pennant Hills High School.

Wednesday 11th December 2024 – The Mayor attended the Brickpit Park play space opening, at Brickpit Park, Thornleigh.

Thursday 12th December 2024 – The Mayor attended the Asquith Boys High School Presentation Day at Asquith Boys High School, Asquith.

Thursday 12th December 2024 – The Mayor attended the Volunteer Christmas Party 2024 at Hornsby Library.

Thursday 12th December 2024 – The Mayor attended the Hornsby Chamber of Commerce Christmas Party at Hornsby RSL.

Friday 13th December 2024 – The Mayor attended Asquith Girls High School Presentation Day at Hornsby RSL.

Saturday 14th December 2024 – The Mayor attended the Scouts State Recognition Awards Luncheon at Baden Powell Activity Centre, Pennant Hills.

Saturday 14th December 2024 – The Mayor attended the NSW SES Hornsby Unit Youth Internship Program Graduation at Crosslands Reserve, Hornsby Heights.

Monday 16th December 2024 – The Mayor attended the Middle Dural Public Schools Presentation Evening at Glenorie RSL.

Tuesday 17th December 2024 – The Mayor attended Normanhurst Boys High School Presentation Night for 2024 at Hornsby RSL.

Wednesday 22nd January 2025 – On behalf of the Mayor, Councillor McClelland attended an Australian Day Celebration Dinner at the Pennant Hills Rotary Club, Pennant Hills.

Sunday 26th January 2025 – The Mayor hosted an Australia Day Citizenship Ceremony, at Hornsby Park.

Tuesday 28th January 2025 – The Mayor attended Living Choice Galston Opening Day at Galston.

Wednesday 29th January 2025 – The Mayor attended the opening of the Fagan Park off leash dog park, Galston.

CALLED OVER AND NOTED  

 

Notices of Motion

Nil

Supplementary Reports

8                    GM11/25      Code of Meeting Practice - Proposed Amendments by the Office of Local Government

(F2004/07037)

RESOLVED ON THE MOTION OF COUNCILLOR McIntosh, seconded by COUNCILLOR TILBURY,

THAT subject to final review by the Mayor and General Manager the draft submission as outlined in  General Manager’s Report No. GM11/25, in response to the Consultation Draft  – Model Code of Meeting Practice, be adopted and referred to the Office of Local Government.

 

FOR:                  Councillors Ball, Conley, Greenwood, McClelland, McIntosh, McSweeney, Seaglove, Simons, Tilbury and Waddell

AGAINST:          Nil

 

MATTERS OF URGENCY

Nil

 

THE MEETING concluded at 7.10pm

 

 

 

These Minutes were confirmed at the meeting held on Wednesday 12 March 2025, at which meeting the signature hereunder was subscribed.

 

 

 

CONFIRMED                                       CHAIRMAN

______________________________________________________________________________