Hornsby Shire Council Agenda and Summary of Recommendations

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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

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

Councillors are reminded of their Oath or Affirmation of Office made under section 233A of the Act and their obligations under the Council’s Code of Conduct to disclose and appropriately manage conflicts of interest.

Clause 4.16 and 4.17 of Council’s Code of Conduct for Councillors requires that a councillor or a member of a Council committee who has a pecuniary interest in a matter which is before the Council or committee and who is present at a meeting of the Council or committee at which the matter is being considered must disclose the nature of the interest to the meeting as soon as practicable. The disclosure is also to be submitted in writing (on the form titled “Declaration of Interest”).

4.16 A councillor who has a pecuniary interest in any matter with which the council is concerned, and who is present at a meeting of the council or committee at which the matter is being considered, must disclose the nature of the interest to the meeting as soon as practicable.

4.17 The councillor must not be present at, or in sight of, the meeting of the council or committee:

a) at any time during which the matter is being considered or discussed by the council or committee, or

b) at any time during which the council or committee is voting on any question in relation to the matter.

Clause 5.10 and 5.11 of Council’s Code of Conduct for Councillors requires that a councillor or a member of a Council committee who has a non pecuniary interest in a matter which is before the Council or committee and who is present at a meeting of the Council or committee at which the matter is being considered must disclose the nature of the interest to the meeting as soon as practicable. The disclosure is also to be submitted in writing (on the form titled “Declaration of Interest”).

5.10 Significant non-pecuniary conflict of interests must be managed in one of two ways:

a) by not participating in consideration of, or decision making in relation to, the matter in which you have the significant non-pecuniary conflict of interest and the matter being allocated to another person for consideration or determination, or

b) if the significant non-pecuniary conflict of interest arises in relation to a matter under consideration at a council or committee meeting, by managing the conflict of interest as if you had a pecuniary interest in the matter by complying with clauses 4.16 and 4.17.

5.11 If you determine that you have a non-pecuniary conflict of interest in a matter that is not significant and does not require further action, when disclosing the interest you must also explain in writing why you consider that the non-pecuniary conflict of interest is not significant and does not require further action in the circumstances.

confirmation of minutes

THAT the Minutes of the General Meeting held on 14 May, 2025 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 GM25/25 Endorsement of Hornsby Shire 2035 Community Strategic Plan, Your Vision | Your future 2035

RECOMMENDATION

THAT:

1. Subject to incorporation of the recommendations detailed in Table C, Council endorse the Hornsby Shire 2035 Community Strategic Plan, Your vision | Your future 2035 (Attachment 3).

2. Council write to those who have made submissions thanking them for their feedback.

Page Number 8

Item 2 GM29/25 Adoption of Council's 2025-2029 Delivery Program and 2025/26 Operational Plan (incorporating the Budget, Rating Structure and Fees and Charges)

RECOMMENDATION

THAT:

1. Council note the responses provided in Table 1A. to the public submissions received during the exhibition of the draft 2025-2029 Delivery Program and 2025/26 Operational Plan.

2. Subject to incorporation of the recommendations detailed in the Budget section, Table 1A. and Table 1B. attachments, Council adopt the 2025-2029 Delivery Program and 2025/26 Operational Plan including the Budget and 2025/26 Fees and Charges.

3. Council make and levy the 2025/26 Ordinary Rates on all rateable land in the Shire that aligns with Year 3 of the Independent Pricing and Regulatory Tribunal’s (IPART) Special Rate Variation approval for Hornsby Shire Council (i.e., a 6.5% rate increase for 2025/26) and in accordance with Table 2 of General Manager’s Report No. GM29/25.

4. Council make and levy the 2025/26 Catchment Remediation Rate on all rateable land in the Shire that aligns with Year 3 of the Independent Pricing and Regulatory Tribunal’s (IPART) Special Rate Variation approval for Hornsby Shire Council (i.e., a 6.5% rate increase for 2025/26) and in accordance with Table 3 of General Manager’s Report No. GM29/25.

5. Council write to submitters thanking them for their feedback.

Corporate Support Division

Page Number 18

Item 3 CS27/25 Debts to be Written Off - 2024/25 Financial Year

RECOMMENDATION

THAT for 2024/25, and in accordance with Clause 213 of the Local Government (General) Regulation, Council:

1. Write off debts considered bad totalling $26,465 (as detailed in Schedule A attached to Director’s Report No. CS27/25).

2. Note debts considered bad totalling $9,052 written off under the General Manager’s delegated authority (as detailed in Schedule B attached to Director’s Report No. CS27/25).

Page Number 21

Item 4 CS28/25 Investments and Borrowings for 2024/25 - Status for Period Ending 30 April 2025

RECOMMENDATION

THAT the contents of Director’s Report No. CS28/25 be received and noted.

Page Number 24

Item 5 CS29/25 Local Government Remuneration Tribunal - 2025 Report and Determination - Mayor and Councillor Fees - 2025/26 Financial Year

RECOMMENDATION

THAT:

1. As a consequence of the 2025 Report and Determination of the Local Government Remuneration Tribunal, Council note that it remains in the Metropolitan Medium Category of NSW councils for the period 1 July 2025 to 30 June 2026.

2. In accordance with Sections 248 and 249 of the Local Government Act and having considered the 2025 Report and Determination of the Local Government Remuneration Tribunal, an annual fee of $29,550 be paid to each Councillor and an additional annual fee of $78,480 be paid to the Mayor for the period 1 July 2025 to 30 June 2026.

Community and Environment Division

Page Number 28

Item 6 CE5/25 Council Internal Committees and Working Parties

RECOMMENDATION

THAT:

1. Council determine which internal advisory committees and working parties it wishes to establish.

2. Council endorse Terms of Reference and Charter for committees it establishes.

3. Council seek expressions of interest for community membership to relevant committees.

4. A further Report be presented to Council with the outcomes of the expressions of interest process.

Planning and Compliance Division

Page Number 32

Item 7 PC10/25 Report on Submissions - Draft Dual Occupancy Amendments to Hornsby DCP

RECOMMENDATION

THAT:

1. Council approve the Hornsby Development Control Plan 2024 amendments for dual occupancy development attached to Director’s Report No. PC10/25.

2. Notification of the approval be published on Council’s website.

3. Submitters be advised of Council’s decision.

Page Number 40

Item 8 PC11/25 Report on Submissions - Draft Heritage DCP Amendments to Hornsby DCP

RECOMMENDATION

THAT:

1. Council approve the Heritage Development Control Plan Amendments attached to Director’s Report No. PC11/25.

2. Notification of the approval be published on Council’s website.

3. Submitters be advised of Council’s decision.

Infrastructure and Major Projects Division

Nil

Confidential Items

Item 9 CE4/25 Recycling and Garden Organics Processing Services Tender

This report should be dealt with in confidential session, under Section 10A (2) (d) of the Local Government Act, 1993. This report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the council; or (iii) reveal a trade secret. (This Report is considered confidential under Section 10A(2)(d)(i) of the Local Government Act as it contains information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it. Discussion of the matter in an open Meeting would, on balance, be contrary to the public interest because the Report contains information provided by tenderers which includes sensitive information about their business operations, methodologies and costs. The publication of such information could result in the withholding of similar information by potential tenderers in future, therefore limiting Council’s ability to make an informed decision about future tenders. )

PUBLIC FORUM – NON AGENDA ITEMS

Questions with Notice

Mayor's Notes

Page Number 47

Item 10 MN5/25 Mayor’s Notes 01 May 2025 to 31 May 2025

Notices of Motion

Page Number 49

Item 11 NOM1/25 Review of Annual Footpath Budget

COUNCILLOR Tilbury To Move

THAT:

1. Consideration be given as to how funding allocated to the Footpath Improvement Program could be increased from $500,000 per annum to $1 million per annum to help address the unacceptable footpath infrastructure backlog across the Shire.

2. The information in point 1 above be presented to Councillors as a Councillor Briefing at a future Informal Councillor Briefing prior to the development of the 2026/27 budget.

Page Number 51

Item 12 NOM2/25 Proposed Shared Path Old Northern Road Between Glenorie and Dural

COUNCILLOR Tilbury To Move

THAT Council:

1. Work with Hills Shire Council, to continue the development of project scoping for an off-road Active Transport Corridor adjacent to Old Northern Road between Glenorie and Dural, and seek funding from Transport for NSW through the “Get NSW Active” program to fund a feasibility study for this proposal.

2. Include this Active Transport Corridor as an integral pedestrian and cycleway link in the development of Council’s Integrated Active Transport Strategy leveraging from Council’s Cycling and Walking Strategy 2021.

3. Write to relevant NSW Government Ministers, as well as local State and Federal MPs, seeking support for this project in the pursuit of potential grant funding opportunities..

Page Number 53

Item 13 NOM3/25 Footpath Connections for Train Commuters along Pacific Highway, Berowra

COUNCILLOR Tilbury To Move

THAT Council:

1. Acknowledge the need for a footpath connection for the public to safely access between Berowra railway station and the commuter parking spaces located along the south-eastern and north-eastern sides of the Pacific Highway near Berowra railway station.

2. Write to relevant NSW Government Ministers seeking support for this project and construction of the path by Transport for NSW as a matter of priority.

SUPPLEMENTARY AGENDA

MATTERS OF URGENCY

General Manager's Report No. GM25/25

Office of the General Manager

Date of Meeting: 11/06/2025

1 ENDORSEMENT OF HORNSBY SHIRE 2035 COMMUNITY STRATEGIC PLAN, YOUR VISION | YOUR FUTURE 2035

EXECUTIVE SUMMARY

· The Office of Local Government has mandated an Integrated Planning and Reporting (IP&R) framework which approaches business planning based on community aspirations and preferences. The framework requires that the community be presented with the key issues and challenges facing the Shire so that they can have input into how Council, other government agencies and the community will respond to those key issues and challenges.

· By 30 June in the year following local government elections, all councils are required to develop a 10-year Community Strategic Plan (CSP), a four-year Delivery Program and a one-year Operational Plan to identify the main priorities and aspirations for the future of the area and the resources required to move in the direction of that desired future.

· Council’s draft Hornsby Shire 2035 Community Strategic Plan, known as Your vision | Your future 2035, prepared by Hornsby Shire Council in partnership with the local community, was adopted for public exhibition by Council at its 12 March 2025 General Meeting.

· The draft document was publicly exhibited from 13 March to 21 April 2025 and submissions invited. Nine (9) submissions were received. A snapshot of submissions (Table A) is included under the ‘DISCUSSION’ heading and the feedback is summarised in Table B (Attachment 1). A short survey was also available during the exhibition period and gathered 97 responses.

· Each submission has been reviewed by appropriate Council staff and, together with the survey results, was presented to Councillors at a briefing on 21 May 2025. Table C (Attachment 2) contains a summary of changes recommended to the final document for adoption.

RECOMMENDATION

THAT:

1. Subject to incorporation of the recommendations detailed in Table C, Council endorse the Hornsby Shire 2035 Community Strategic Plan, Your vision | Your future 2035 (Attachment 3).

2. Council write to those who have made submissions thanking them for their feedback.

PURPOSE

The purpose of this Report is to provide Council with an update on the community feedback received during the public exhibition period and proposed amendments to the final document for adoption of the Hornsby Shire 2035 Community Strategic Plan, known as Your vision | Your future 2035.

BACKGROUND

By 30 June in the year following local government elections, all councils are required to develop a ten-year Community Strategic Plan (CSP), a four-year Delivery Program and a one-year Operational Plan, as well as a Resourcing Strategy aligned to an integrated planning and reporting (IP&R) framework mandated by the Office of Local Government. The framework requires that the community is engaged to identify the main priorities and aspirations for the future of the area and the key issues and challenges facing the Shire so they can have deliberative input into how Council, other government agencies and the community themselves will respond to those issues and challenges. The IP&R framework allows NSW councils to draw their various plans together, to understand how they interact and inform each other, to get the maximum benefit by planning holistically for the future.

The Community Strategic Plan is Hornsby Shire’s highest-level plan, a ten-year vision that is developed collaboratively with the community. As well as identifying the main priorities and aspirations for the future of Hornsby Shire, it sets the strategic direction for where the people of Hornsby Shire want to be in 2035. Every project led by Council is guided by the Community Strategic Plan, however working towards the vision for 2035 is the responsibility of many partners including state agencies, community groups and private enterprise.

At the General Meeting held on 12 March 2025, Council considered General Manager’s Report No. GM9/25 and resolved that:

1. Council adopts for the purposes of public exhibition the draft Hornsby Shire 2035 Community Strategic Plan attached to General Manager’s Report No. GM9/25.

2. The public exhibition period be between 13 March and 21 April 2025 and community engagement initiatives listed in the consultation section of this report be noted.

3. A report summarising feedback received during the exhibition period be returned to Council for consideration by the June 2025 General Meeting.

While there is a direct link from the CSP to the Delivery Program and Operational Plan, they must be informed and supported by long-term financial, asset and workforce planning undertaken to form the Resourcing Strategy. At the 9 April 2025 General Meeting (Director’s Report No. CS12/25), Council adopted the Asset Management Strategy and Asset Management Plans for Building Infrastructure, Land Improvements and Road and Stormwater Infrastructure 2025/26 -2034/35. At the 14 May 2025 General Meeting (Director’s Report No. CS21/25), Council placed the draft 2025/26-2034/35 Long Term Financial Plan (LTFP) on public exhibition from 15 May to 12 June 2025, with a further report scheduled to go before the 9 July 2025 General Meeting for adoption of the LTFP.

The draft 2025-2029 Delivery Program including the 2025/26 Operational Plan, Council’s response to the Community Strategic Plan and its commitment to the community for its term of office, was on public exhibition from 10 April to 12 May 2025. The Program outlines Council’s plan of action to address the community’s long-term goals and will be presented to Council for adoption at the 11 June 2025 General Meeting (General Manager’s Report No. GM29/25).

DISCUSSION

Consultation on the CSP

During the exhibition period from 13 March to 21 April 2025, the draft Hornsby Shire 2035 Community Strategic Plan, Your vision | Your future 2035, was available as below:

1. Display and availability:

· Copies were on display at Council’s four libraries.

· Available electronically on the Your Say Hornsby consultation website.

2. Advertisements and notifications:

· Advertisements in the Council Column of three local newspapers.

· Notifications sent to schools in the Shire, community and stakeholder groups.

· Digital signage in three locations.

· Weekly community engagement e-newsletter.

· Social media posts and vox pop reel on Facebook, Instagram, and LinkedIn.

· April monthly e-newsletter sent to almost 25,000 subscribers.

· Our Council Autumn 2025 edition delivered to all households.

· Media release issued to local, metropolitan, and multicultural media.

· Staff email signatures footer.

3. Events and flyers:

· Five pop-up events at Hornsby Mall markets, youth pizza afternoon, and Food Truck Friday with staff and flyers available.

· Flyers available at Hornsby Shire libraries.

· Translated flyers dropped off at local CALD shops and restaurants.

· Printed posters available at the Hornsby Aquatic and Leisure Centre and the Thornleigh Brickpit Stadium.

This extensive outreach effort ensured that a wide audience was informed about the exhibition and had multiple opportunities to engage with the content.

Survey

A five-minute anonymous online survey of five questions was available on the Your Say Hornsby consultation website during the exhibition period. The survey was aimed at engaging the community and key stakeholders in the review process of the CSP, gathering valuable feedback and strengthening relationships with the community and stakeholders to ensure the community’s vision, priorities and concerns are accurately reflected, and asked about the:

1. Vision – gauging the level of support for the streamlined Vision statement – Our Community Vision 2035 - and encouraging suggested changes or additions, ensuring that the vision is inclusive and representative

2. Priorities – asking the community to rank the top 10 identified priorities and encouraging changes or additions, ensuring the CSP captures what matters most to the community and informs the strategic planning process

3. Key Challenges - The CSP sets directions for addressing key challenges - asking the community to list challenges that might affect the community, ensuring that all relevant factors are considered and addressed.

Ninety-seven people participated in the survey. Demographic analysis showed that:

· Eighty-eight (88) per cent of participants identified as residents of the Hornsby Shire, with 54 per cent living here for over 20 years

· There was an even gender distribution of participants – with 46 per cent being male and 44 per cent being female (10 per cent preferred not to answer) (Hornsby Shire’s overall gender profile 49 per cent male, 51 per cent female)

· There were no participants under 18 years of age, four (4) per cent were aged 18-24, six (6) per cent were aged 25-34, 20 per cent were aged 35-44, 22 per cent were aged 45-54, 15 per cent were 55-64, with most respondents (28 per cent) being in the age group 65+ (five [5] per cent preferred not to answer)

· Forty-three (43) per cent of participants have children under 18 living in their household

· Participation from Ward A (40 per cent) and Ward B (38 per cent) was stronger than from Ward C (18 per cent), with four (4) per cent being from out of the Shire

· Fourteen (14) per cent of participants spoke a language other than English at home, with Hindi being the highest identified other language spoken.

Analysis of the feedback

1. Vision – analysis identified that a total of 48 per cent of survey participants Agree/Strongly agree with the exhibited Vision statement, while 30 per cent Disagree/Strongly disagree and 22 per cent were Neutral. Sixty-nine (69) respondents suggested changes to the Vision statement to include other ideas or sentiments. Eight (8) key themes were identified and cross-checked against the existing Vision statement and it was determined that four were supported and already addressed in the Vision statement and two were addressed in the CSP as a key challenge or Strategic direction. Two suggested wording changes/additions were put before an internal staff working group for discussion and decision. It was decided that the Vision statement – Our Community Vision 2035 - should be updated to include reference to the Bushland Shire and the word ‘suburban’ should be removed as it was unnecessary.

Updated Community Vision 2035 – Your vision | Your future 2035

The Bushland ~~Hornsby~~ Shire is a place that inspires and sustains us. A place where we value our connections to each other and our environment, and celebrate living in our unique urban, ~~suburban,~~ rural and river communities.

2. Priorities – forty (40) respondents suggested priorities in addition to the 10 priorities listed for ranking. Seven (7) key themes were identified and cross-checked against the top 10 priorities already included and it was determined they were already addressed in the CSP as a priority, a key challenge, a Strategic direction, a Long-term goal or a Plan of action.

3. Key Challenges – seventy-four (74) respondents suggested key challenges that should be considered. Seventeen (17) key themes were identified and cross-checked against the key challenges already included and it was determined they were already addressed in the CSP as a key challenge, a Strategic direction, a Long-term goal or a Plan of action, or involved details that are not appropriate or necessary for inclusion in a community strategic plan document.

A full report of the survey results is available on the Community Strategic Plan (CSP) Your Say Hornsby exhibition page.

Submissions

A snapshot of public submissions received is set out below (Table A):

Table A: SNAPSHOT OF PUBLIC SUBMISSIONS RECEIVED ON THE DRAFT HORNSBY SHIRE 2035 COMMUNITY STRATEGIC PLAN
Received
9	Submissions received
	9	Submissions received on time
	0	Late submissions
		5	Submissions from individuals
		4	Submissions from groups / organisations
Support
	2	Indicated support
Submissions related to: (some submissions cover multiple issues)
	No.	Topic		Issues	Theme
	3	Reference to GuriNgai group		Remove reference to GuriNgai peoples in Acknowledgement of Country and throughout	Liveable
	3	Roads, kerb and gutter, walkability, directional signage		· Lack of suitable roads and absence of gutters, kerbs and footpaths · Walkability of areas important to build connections and foster community spirit · Extend Paragon Road, Dural to connect with Sebastian Drive, Dural	Liveable
	1	Aged care living		Allow provision for more aged care living, especially in area from Asquith to the Hawkesbury River	Liveable
	1	Small-scale community improvement projects		Supportive of small-scale upgrades and should be given greater priority	Liveable
	1	Community hall in Brooklyn		Provide a community hall facility in Brooklyn	Liveable
	1	Section 94 funds		· Interest on Section 94 funds should be given back to developer to reduce costs of development · Provide a fairer distribution of suitable facilities throughout the Shire	Collaborative Liveable Sustainable
	1	Car share		· Reduce fees for dedicated car share bays	Sustainable
Submissions where Action is recommended after review
	0	No action
	Reasons for recommendation of No action
	3	Contributed options that are not possible due to Adopted Council Policy – POL00165 Aboriginal Reconciliation Statement of Commitment – including Policy Statement: “We acknowledge we are on the traditional lands of the Darug and Guringai Peoples. …” (Submissions 3., 4. and 7.) Current acknowledgement to stay.
	3	Already addressed at CSP level (Submissions 1., 2., 6.)
	3	Addressed issues beyond the scope of the CSP (Submissions 5., 8., 9.)

A summary of submissions is included in Table B (Attachment 1), with submissions mapped to their relevant Themes, Strategic directions and Long-term goals. Staff submissions were also received and those providing additional information, proposed amendments that would better achieve or assist with community outcomes or indicated omissions, inaccuracies or a lack of clarity are recommended for updating in the final CSP (Table C – Attachment 2). None of these proposed amendments affect the intent of the draft CSP.

CONSULTATION

Council engaged its community in discussing a preferred future for the Shire which resulted in Council’s first Community Strategic Plan being adopted in 2010. The Hornsby Shire 2035 Community Strategic Plan (Attachment 3) will be Hornsby Shire’s fifth community strategic plan and has been prepared after detailed and valued input by over 11,000 stakeholders across a wide range of demographics, after detailed discussions with relevant staff, consideration by Council and public exhibition of the draft document. Councillors received a briefing on the contents of the draft document on 31 January 2025 and considered the survey results and submissions made during public exhibition at a briefing on 21 May 2025.

BUDGET

There are no budgetary implications associated with this report. Projects that align to the Community Strategic Plan will be considered in the 2025-2029 Delivery Program including the 2025/26 Operational Plan prior to adoption at the 11 June 2025 General Meeting (General Manager’s Report No. GM29/25).

POLICY

The Hornsby Shire 2035 Community Strategic Plan describes community aspirations.

CONCLUSION

The Community Strategic Plan identifies the main priorities and aspirations for the future of Hornsby Shire and sets the strategic direction for where the people of Hornsby Shire want to be in 2035. Every project led by Council is guided by the Community Strategic Plan, however working towards the vision for 2035 is the responsibility of many partners including state agencies, community groups and private enterprise. Once endorsed, the CSP, Your vision | Your future 2035, will be available electronically on Council’s website and will be distributed to Council’s libraries for viewing.

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

Attachments:

1.	Attachment 1: Table B - Submissions Received
2.	Attachment 2: Table C - Recommended Changes
3.	Attachment 3: Hornsby Shire 2035 Community Strategic Plan

File Reference: F2023/00306

Document Number: D09117392

General Manager's Report No. GM29/25

Office of the General Manager

Date of Meeting: 11/06/2025

2 ADOPTION OF COUNCIL'S 2025-2029 DELIVERY PROGRAM AND 2025/26 OPERATIONAL PLAN (INCORPORATING THE BUDGET, RATING STRUCTURE AND FEES AND CHARGES)

EXECUTIVE SUMMARY

· Council’s draft 2025-2029 Delivery Program and 2025/26 Operational Plan (which incorporates the Budget, Rating Structure and Fees and Charges) were adopted for public exhibition at the 9 April 2025 General Meeting. The documents were publicly exhibited from 10 April to 12 May 2025, and seventy (70) submissions were received.

· The surplus forecasted for 2025/26 is $1.367 million. As recommended in the draft 2025/26 – 2034/35 Long Term Financial Plan it would be financially prudent to set aside this surplus in a restricted asset account to cover forecast deficits in 2027/28 and 2028/29.

· The capital budget for Westleigh Park has been reduced from $20 million to $0.7 million until such time as the uncertainty over the retention of grant funds from the NSW Government is resolved.

RECOMMENDATION

THAT:

1. Council note the responses provided in Table 1A. to the public submissions received during the exhibition of the draft 2025-2029 Delivery Program and 2025/26 Operational Plan.

5. Council write to submitters thanking them for their feedback.

PURPOSE

The purpose of this Report is to provide Council with information and recommendations regarding the submissions received in the public exhibition of the draft 2025-2029 Delivery Program and 2025/26 Operational Plan (which incorporates the Budget, Rating Structure and Fees and Charges).

BACKGROUND

By 30 June in the year following local government elections, all councils are required to develop a ten-year Community Strategic Plan, a four-year Delivery Program and a one-year Operational Plan, as well as a Resourcing Strategy aligned to an Integrated Planning and Reporting (IP&R) framework mandated by the Office of Local Government. The purpose is to identify the main priorities and aspirations for the future of the area and the resources required to move to the preferred future. The IP&R framework allows NSW councils to draw their various plans together, to understand how they interact and inform each other, to get the maximum benefit by planning holistically for the future. The Delivery Program and Operational Plan are required to be reviewed on an annual basis.

Your Vision | Your Future 2035, the Hornsby Shire 2035 Community Strategic Plan (CSP), a ten-year vision developed collaboratively with the community and our highest-level plan, is separately covered at this General Meeting (refer to General Manager’s Report No. GM25/25) for Council endorsement. As well as identifying the main priorities and aspirations for the future of Hornsby Shire, it sets the strategic direction for where the people of Hornsby Shire want to be in 2035. Every project led by Council is guided by the Community Strategic Plan, however working towards the vision for 2035 is the responsibility of many partners including state agencies, community groups and private enterprise.

While there is a direct link from the CSP to the Delivery Program and Operational Plan, they must be informed and supported by long-term financial, asset and workforce planning undertaken to form the Resourcing Strategy. At the 9 April 2025 General Meeting (refer to Director’s Report No. CS12/25), Council adopted the Asset Management Strategy and Asset Management Plans for Building Infrastructure, Land Improvements and Road and Stormwater Infrastructure 2025/26 - 2034/35. At the General Meeting held on the 14 May 2025, Council placed the draft 2025/26 - 2034/35 Long Term Financial Plan (LTFP) on public exhibition from 15 May to 12 June 2025 (refer to Director’s Report No. CS21/25).

The draft 2025-2029 Delivery Program and 2025/26 Operational Plan outlines Council’s response to the Community Strategic Plan, its commitment to the community for its term of office and beyond and a plan of action to address the community’s long-term objectives.

At the General Meeting held on 9 April 2025, Council considered General Manager’s Report No. GM18/25 and resolved that:

1. Council adopt for public exhibition the draft 2025-2029 Delivery Program and 2025/26 Operational Plan which includes the draft Budget, Fees and Charges and Rating Structures for 2025/26 and make available for public comment from 10 April to 12 May 2025.

2. Council note the rating information contained in the draft 2025-2029 Delivery Program and 2025/26 Operational Plan that aligns with Year 3 of the Independent Pricing and Regulatory Tribunal’s (IPART’s) Special Rate Variation approval for Hornsby Shire Council (i.e., a 6.5% rate increase for 2025/26).

3. Following public exhibition, after consideration of all submissions, the 2025-2029 Delivery Program and 2025/26 Operational Plan, including Budget, Fees and Charges and Rating Structure, be referred to Council for further consideration and adoption before 30 June 2025.

4. Council note the access and parking limitations for users of Cheltenham Oval, and that Council holds an informal Councillor briefing to explore practical opportunities to sustainably improve access and drop-off arrangements at this facility.

DISCUSSION

Consultation on the Documents

During the public exhibition period from 10 April 2025 to 12 May 2025, the draft 2025-2029 Delivery Program and 2025/26 Operational Plan, as well as draft 2025/26 Fees and Charges, were on display at Council’s four libraries. They were also available electronically on Council’s Your Say Hornsby consultation website. Advertisements advising of the public exhibition of the documents were placed in the Council Column of four local newspapers, in the weekly community engagement e-newsletter, on social media, on digital signage in three locations and in the May monthly e-newsletter sent to approximately 25,000 subscribers. A media release was distributed to local and metro media.

Submissions

Seventy (70) submissions were received in respect of the documents including one late submission. A summary of key issues raised in the submissions is shown below in Table 1, noting that some submissions highlighted multiple issues.

Table 1: SNAPSHOT OF SUBMISSIONS RECEIVED ON THE DRAFT 2025-2029 DELIVERY PROGRAM including the 2025/26 OPERATIONAL PLAN, BUDGET AND FEES AND CHARGES
Received
70	Submissions received
	69	Submissions received on time
	1	Late submission
		68	Submissions from individuals
		2	Submissions from group / organisation
Submissions related to: (some submissions cover multiple issues)
	No.	Topic		Issues	Theme
	30	Footpaths and shared paths (A Ward = 19, B Ward = 9, C Ward = 2)		More funding to be allocated; specific footpath requests	Liveable
	22	Kenley Park, Normanhurst		Provide fencing around the playground as it is close to a major road and to upgrade the playground	Liveable
	8	Charles Curtis Park, Normanhurst		Support for Council’s commitment to funding upgrades	Liveable
	6	Roads		· Traffic improvements Comenarra Parkway, Thornleigh · Weeds on local roads · Streetlighting · Semi-rural roads, Galston and Arcadia, need maintenance, kerb and guttering, widening · Bus stop – Smalls Road near Fagan Park · Waratah Road, Berowra needs resurfacing, kerb and guttering and footpath · Road quality near Stop sign at Thornleigh/Paling Streets, Thornleigh	Liveable
	5	Parks, sporting and recreation facilities		· Rofe Park, Hornsby Heights – issues occurring at facility · Support for Council’s commitment to funding upgrades at local parks and footpaths · Normanhurst oval – provide fencing around playground · Westleigh Park funding shortfall – consider local facility rather than regional · Urban Unstructured Recreation Strategy and urbanisation of rural lands – 3 Johnson Road, Galston should be protected	Liveable
	3	Fees and Charges		· Playgroups hiring community centres to be charged a fairer, more affordable rate · Reduction of entry fee to aquatic centres for age pensioners	Liveable
	2	Preserving the environment		· Flood impact studies on proposed diversion weir · Compensation for removal of trees in Huxley Reserve · Tree protections - enhance tree canopy	Sustainable
	1	Facilities to cater for increasing population		Multi-storey car park at train station, traffic light phasing; more schools	Liveable
	1	Pennant Hills		· Pennant Hills Town Centre revitalisation · Shared pathway and active transport infrastructure · Environmental conservation and biodiversity (Byles Creek and surrounding bushland) · Technology · Animal crossings · Microplastics	Liveable Sustainable Collaborative
Submissions where Action is recommended after review
	0	No action
	Reasons for recommendation of No action
	44	Contributed options that are not currently possible (lack of resource capacity)
	20	Supported the draft plan
	4	Already addressed in the plan
	4	An alternative viewpoint but the recommendation in the draft plan is still considered the best option
	5	Involved details that are not appropriate or necessary for inclusion in a plan document

A full list of issues and summary of submissions is included in Table 1A. (Attachment 1) with staff feedback/recommendations. Table 1B. (Attachment 2) contains a summary of recommended administrative changes requested by internal Divisions of Council. During the exhibition period there were further minor administrative changes made to improve clarity of the information contained in the Delivery Program and Operational Plan document. None of these recommended administrative changes affect the intent of the draft document.

The proposed final version of the 2025-2029 Delivery Program and 2025/26 Operational Plan is included as Attachment 3. The proposed final version of the 2025/26 Fees and Charges is included as Attachment 4.

Actions

Many of the Actions in the 2025-2029 Delivery Program are identified in strategies and technical documents that have been adopted by Council. These include:

LIVEABLE

· Active Living Hornsby Strategy 2016

· Arts and Cultural Plan 2024-2029

· Car Parking Management Study 2020

· Community and Cultural Facilities Strategic Plan 2021

· Comprehensive Heritage Study

· Disability Inclusion Action Plan 2021- 2025

· Healthy Ageing Hornsby 2022-2026

· Hornsby Park Master Plan 2021

· Hornsby Town Centre Masterplan 2023

· Integrated Land use and Transport Strategy 2004 (under review)

· Local Housing Strategy 2020

· Local Strategic Planning Statement 2020

· Off Leash Dog Park Strategy 2021

· Play Plan 2021

· Social Plan 2024-2034

· Sportsground Strategy 2018

· Westleigh Park Master Plan 2023

SUSTAINABLE

· Sustainable Hornsby 2040 strategies - incorporating Biodiversity Conservation Strategy 2021, Water Sensitive Hornsby Strategy 2021, Climate Wise Hornsby Plan 2021, Urban Forest Strategy 2021 and Waste Matters Strategy 2020

· Rural Lands Strategy 2022

· Emergency Management Framework 2024 (internal document)

PROSPEROUS

· Brooklyn Discussion Paper (2021)

· Economic Development and Tourism Strategy 2021-2026

· Employment Land Study 2021

· Public Domain Guidelines 2021

· Section 7.11 Development Contributions Plan 2020

· Section 7.12 Development Contributions Plan 2019-2029

COLLABORATIVE

· Communications and Engagement Strategies 2019

· Internal Audit Plan

· Property Strategy 2023

· Resourcing Strategy – incorporating Asset Management Strategy, Long Term Financial Plan, Workforce Management Plan

· Technology and Transformation Strategy 2020-2023 (under review).

One-hundred and eighty-eight (188) of the 206 Key Actions included have been identified through these recently adopted strategies and technical documents, Council resolutions, the Special Rate Variation or are legislative requirements.

Rates Structure

The rates structure included in the draft 2025-2029 Delivery Program and 2025/26 Operational Plan was based on Year 3 of the Special Rate Variation increase approved by IPART, i.e. a 6.5% increase to apply to the Ordinary and Catchments Remediation Rates.

The Ordinary and Catchments Remediation Rates tables (Tables 2 and 3 below) have been updated to take into account adjustments due to re-categorisation of properties and supplementary rates received since exhibition. This has affected the ‘Rate in the $ (based on land value)’, ‘% of Total Rate’, ‘Yield $’ columns and the overall totals, increasing the total rates to be levied to $94,605,192.

The Valuer General supplied Council with new land values for properties across the Shire as at 1 July 2024. These values have been used for the calculation of the 2025/26 financial year rates and will continue to be used for the 2026/27 and 2027/28 financial years.

Table 2 – Ordinary Rates - based on a 6.5% increase

Category	Rate in the $ (based on land value)	Minimum Rate ($)	Base Amount ($)	Base Amount (%)	% of Total Rate	Yield ($)
Residential	0.071620		$740	49.3%	87.16%	$78,528,750
Farmland	0.064666		$740	29.2%	0.88%	$793,447
Business	0.251056	$776			6.77%	$6,096,245
Business (Hornsby CBD)	0.471982	$776			3.42%	$3,088,283
Business (Shopping Centre)	1.698402				1.77%	$1,593,458
Total					100%	$90,100,183

Table 3 – Catchments Remediation Rate - based on a 6.5% increase

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

Category	Rate in the $ (based on land value)	Yield ($)
Residential	0.007065	$3,926,258
Farmland	0.004566	$39,670
Business	0.013528	$304,991
Business (Hornsby CBD)	0.023803	$154,415
Business (Shopping Centre)	0.084922	$79,675
Total		$4,505,009

Total Rates to be Levied on a 6.5% increase $94,605,192

Rate Reductions for Eligible Pensioners

Eligible pensioners across NSW are entitled by legislation to a $250 reduction in their ordinary rates and domestic waste management services from their council. Following feedback from the community regarding issues of pensioner rate rebates relating to the Special Rate Variation approved in 2023, Council’s Hardship Policy was reviewed and the rebate to eligible pensioners increased by $50 to $300 per annum from 2023/24.

Domestic Waste Charges

As noted, when the draft 2025-2029 Delivery Program and 2025/26 Operational Plan were adopted for public exhibition a 10% increase has been applied to Domestic Waste Charges in 2025/26. The increase is required to contribute to the cost of historic landfill remediation works at Foxglove Oval, as well as funding contractual cost increases for waste collection and disposal services.

CONSULTATION

Council engaged its community in discussing a preferred future for the Shire which resulted in Council’s first Community Strategic Plan being adopted in 2010. The Hornsby Shire 2035 Community Strategic Plan, Your vision | Your future 2035, was submitted to Council for endorsement at the 11 June 2025 General Meeting (GM25/25), after detailed and valued input by over 25,000 stakeholders.

The 2025-2029 Delivery Program and 2025/26 Operational Plan (which incorporates the Budget, Rating Structure and Fees and Charges) responds to the Community Strategic Plan, Your vision | Your future 2035, as well as a significant number of strategies and technical documents adopted by Council.

These integrated planning documents have been prepared after detailed discussions with relevant staff, consideration by Council and public exhibition of draft proposals from 13 March to 21 April (for the CSP), and 10 April to 12 May 2025 (for the Delivery Program, Operational Plan and Fees and Charges). Councillors were further briefed on the contents of the draft documents on 31 January, 24 March and 21 May 2025.

BUDGET

The publicly displayed draft Budget for 2025/26 included an estimated surplus of $1.367 million and was developed in line with parameters documented in Council’s Long-Term Financial Plan (LTFP). This included a focus on the continuance of current service levels, funding for the renewal and maintenance of Council’s asset base, allocations for Strategic Initiatives funded by the SRV

No net changes that affect the draft 2025/26 budget or forecast surplus of $1.367 million have been made following the public exhibition period.

As noted, when the draft 2025/26 budget was adopted for public exhibition, the Annual Budget was no longer in alignment with the LTFP due to a number of discretionary and non-discretionary cost increases incurred. A revision of the LTFP has since been completed and a draft 2025/26 – 2034/35 Long Term Financial Plan was adopted for public exhibition at the 14 May 2025 General Meeting (refer to Directors Report No. CS21/25). This revised version of the Plan includes a range of recommendations that, if followed, should ensure that Council remains financially sustainable over the long term. One of the recommendations is for Council to set aside surpluses forecast in 2025/26 and 2026/27 to a restricted asset account to cover deficits forecast in 2027/28.

Council committed to adopting a balanced budget each year as part of the justification for the Special Rate Variation, which includes achieving an end of year result that meets the financial performance measures set by the Office of Local Government. It is therefore recommended that the forecast surplus of $1.367 million be retained to enable Council to respond to budget shocks that may occur throughout the financial year, with the aim of setting the surplus aside if it is achieved at 30 June 2026, as recommended in the revised LTFP.

Capital Works Program

A draft Capital Works Program for 2025/26 of $81 million was publicly exhibited, largely funded from external reserves such as grants and development contributions.

A change has been made to the program to reduce the budget for Westleigh Park from $20 million to $0.7 million as discussions with the Office of Local Government regarding the retention of grant funds have not yet been resolved. An increase in budget of $467K has been made to the Cherrybrook Accessibility and Playground upgrade project to provide a total budget of $947K. Following these changes the total capital budget has reduced from $81 million to $62.1 million.

Capital budgets have been provided by Project Managers and include budget estimates for large projects, with work scheduled to take place over several financial years. For these projects, the completion of works planned in 2025/26 is dependent upon the delivery of earlier stages currently programmed for delivery in the 2024/25 financial year. Projects requiring the utilisation of grant funds are contingent upon those funds being available.

POLICY

The Delivery Program is Council’s principal instruction to the organisation and the underlying annual Operational Plan allocates resources and contains the details on what will be implemented in the 2025/26 financial year. As per s 332 (1), (1A) and (1B) of the Local Government Act 1993, the positions within the organisation structure of Council have been determined to give effect to the priorities set out in the 2025-2029 Delivery Program including the 2025/26 Operational Plan and Budget which makes a lump sum budget allocation of $62,106,773 for the employment of staff. This figure comprises all employee costs including salaries and wages for permanent and casual staff, superannuation and payments from employee leave provisions.

CONCLUSION

The 2025-2029 Delivery Program and 2025/26 Operational Plan, incorporating the Budget and Fees and Charges, encompass the actions, projects and the levels of service to be provided to the community in a prudent and financially viable manner. The draft documents were publicly exhibited from 10 April to 12 May 2025 and seventy (70) submissions were received. Each submission was reviewed by Council staff and discussed with Councillors at a workshop on 21 May 2025 to determine if any amendments should be made to the draft documents prior to adoption.

Once adopted, the 2025-2029 Delivery Program including the 2025/26 Operational Plan and 2025/26 Fees and Charges will be available electronically and will be distributed to Council’s libraries for viewing.

RESPONSIBLE OFFICER

The officers responsible for the preparation of this Report are the Chief Financial Officer – Duncan Chell – and the Manager, Strategy and Place – Julie Ryland - who can be contacted on 9847 6822 and 9847 6773 respectively.

Glen Magus

Director - Corporate Support

Corporate Support Division

Steven Head

General Manager

Office of the General Manager

Attachments:

1.	Attachment 1: Table 1A. Submissions and Feedback
2.	Attachment 2: Table 1B. Recommended Changes
3.	Attachment 3: 2025-2029 Delivery Program including the 2025/26 Operational Plan
4.	Attachment 4: 2025-2026 Fees and Charges

File Reference: F2025/00067

Document Number: D09121489

Director's Report No. CS27/25

Corporate Support Division

Date of Meeting: 11/06/2025

3 DEBTS TO BE WRITTEN OFF - 2024/25 FINANCIAL YEAR

EXECUTIVE SUMMARY

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

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

· The latest assessment for 2024/25 has resulted in the General Manager writing off debts totalling $9,052 using his delegated authority from Council (refer attached Schedule B); and proposing to Council that it write off further debts considered bad totalling $26,465 (refer attached Schedule A).

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

RECOMMENDATION

THAT for 2024/25, and in accordance with Clause 213 of the Local Government (General) Regulation, Council:

1. Write off debts considered bad totalling $26,465 (as detailed in Schedule A attached to Director’s Report No. CS27/25).

2. Note debts considered bad totalling $9,052 written off under the General Manager’s delegated authority (as detailed in Schedule B attached to Director’s Report No. CS27/25).

PURPOSE

The purpose of this Report is to seek Council approval, in accordance with Clause 213 of the Local Government (General) Regulation, to write off debts considered bad for the 2024/25 financial year.

BACKGROUND

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

DISCUSSION

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

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

2019/20 $5,365

2020/21 $2,854

2021/22 $8,737

2022/23 $27,408

2023/24 $47,711

For 2024/25, it is recommended that Council write off debt considered bad totalling $26,465 (see details in Schedule A); and note debts considered bad totalling $9,052 which have been written off under the General Manager's delegated authority (see details in Schedule B). It should be noted that even if a debt is written off, Council is not prevented from taking future legal proceedings to recover the debt.

CONSULTATION

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

BUDGET

The 2024/25 budget for bad debts written off is $1,000. This budget will be supplemented by the reallocation of minor savings in Divisional budgets across the organisation to write off the debts detailed in this Report.

POLICY

There are no policy implications associated with this Report.

CONCLUSION

The write-off of bad debts for the 2024/25 financial year is detailed in the documents attached to this Report. Council’s consideration of the Report and its attachments ensures that the relevant legislative requirements and Council protocols have been met in respect of those debts to be written off.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Chief Financial Officer – Duncan Chell, who can be contacted on 9847 6822.

Duncan Chell

Chief Financial Officer

Corporate Support Division

Glen Magus

Director - Corporate Support

Corporate Support Division

Attachments:

1.	Schedule A - Bad Debt - Over $1,000
2.	Schedule B - Bad Debt Under $1,000

File Reference: F2004/06978-02

Document Number: D09127000

Director's Report No. CS28/25

Corporate Support Division

Date of Meeting: 11/06/2025

4 INVESTMENTS AND BORROWINGS FOR 2024/25 - STATUS FOR PERIOD ENDING 30 APRIL 2025

EXECUTIVE SUMMARY

· This Report provides details of Council’s investment performance for the period ending 30 April 2025 as well as the extent of its borrowings at the end of the same period.

· Council invests funds that are not, for the time being, required for any other purpose. The investments must be made in accordance with relevant legislative requirements and Council’s policies and the Chief Financial Officer must report monthly to Council on the details of funds invested.

· All of Council’s investments have been made in accordance with the requirements of the Local Government Act, the Local Government (General) Regulation and Council's Investment of Surplus Funds Policy and Investment Strategy.

· In respect of Council’s cash and term deposit investments, the portfolio achieved an annualised return for April 2025 of 4.86% which includes a positive yield of 5.62% from TCorp Managed Funds. On a financial year to date basis the portfolio achieved an annualised return of 4.99% which includes a positive yield of 6.27% from TCorp Managed Funds.

RECOMMENDATION

THAT the contents of Director’s Report No. CS28/25 be received and noted.

PURPOSE

The purpose of this Report is to advise Council of funds invested in accordance with Section 625 of the Local Government Act; to provide details as required by Clause 212(1) of the Local Government (General) Regulation and Council's Investment of Surplus Funds Policy; and to advise on the extent of Council’s current borrowings.

BACKGROUND

Legislation requires that a report be submitted for Council’s consideration each month detailing Council's investments and borrowings and highlighting the monthly and year to date performance of the investments. Initial investments and reallocation of funds are made, where appropriate, after consultation with Council's financial investment adviser and fund managers.

DISCUSSION

Council invests funds which are not, for the time being, required for any other purpose. Such investment must be in accordance with relevant legislative requirements and Council Policies, and the Chief Financial Officer must report monthly to Council on the details of the funds invested.

Council’s investment performance for the month ending 30 April 2025 is detailed in the attached document. In summary, the portfolio achieved an annualised return for April 2025 of 4.86%, which includes a positive yield of 5.62% from TCorp Managed Funds. On a financial year to date basis the portfolio achieved an annualised return of 4.99% which includes a positive yield of 6.27% from TCorp Managed Funds.

The returns from TCorp Managed Funds can experience market volatility due to external economic conditions such as the recent emergence of new global trade tariffs. It is noted that this product has a medium to long term 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 medium to long term timeframe originally planned. This is due to the anticipated net positive performance returns that will be gained over the long term for this investment.

The Borrowings Schedule as at 30 April 2025 is attached for Council’s information, noting that Council became debt free on 1 July 2023 with no loans entered into since. The Borrowings Schedule also 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 30 April 2025 was $1,146,407, which includes an unrealised gain of $111,864 from TCorp Managed Funds.

Budgeted investment income year to date at 30 April 2025 is $8,371,050. Total investment income year to date at 30 April 2025 is $11,491,032 which includes a year-to-date unrealised net gain of $1,233,112 from TCorp Managed Funds.

Approximately 45.77% 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.

CONCLUSION

The investment of Council funds and the extent of its borrowings as of 30 April 2025 is detailed in the documents attached to this Report. Council’s consideration of the Report and its attachments ensures that the relevant legislative requirements and Council protocols have been met in respect of those investments and borrowings.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Chief Financial Officer – Duncan Chell - who can be contacted on 9847 6822.

Duncan Chell

Chief Financial Officer

Corporate Support Division

Glen Magus

Director - Corporate Support

Corporate Support Division

Attachments:

1.	HSC Investments Summary Report April 2025
2.	HSC Borrowings Summary Report April 2025

File Reference: F2004/06987-02

Document Number: D09127914

Director's Report No. CS29/25

Corporate Support Division

Date of Meeting: 11/06/2025

5 LOCAL GOVERNMENT REMUNERATION TRIBUNAL - 2025 REPORT AND DETERMINATION - MAYOR AND COUNCILLOR FEES - 2025/26 FINANCIAL YEAR

EXECUTIVE SUMMARY

· Sections 248(2) and 249(3) of the Local Government Act provide respectively for Council to once each year fix the annual fee payable to Councillors and the additional annual fee payable to the Mayor. The annual fees must be fixed in accordance with the relevant annual determination of the Local Government Remuneration Tribunal.

· Based on the Tribunal’s 2025 Report and Determination, it is recommended that Council approve a 3% increase in Councillor and Mayoral fees for the 2025/26 financial year. Acceptance of such recommendation would result in each Councillor receiving an annual fee of $29,550 and the Mayor receiving an additional annual fee of $78,480 for 2025/26.

· Sufficient funds have been allocated in the 2025/26 Budget to cover the 3% increase in the fees payable to Councillors and the Mayor.

RECOMMENDATION

THAT:

PURPOSE

The purpose of this Report is to provide Council with the 2025 Report and Determination of the Local Government Remuneration Tribunal such that Council can determine the amount of the fee payable to each Councillor, and the additional fee payable to the Mayor, for the 2025/26 financial year.

BACKGROUND

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

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

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

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

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

Section 241 of the Act states:

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

The Tribunal has completed its 2025 Report and Determination recommending the fees payable to councillors and mayors for the 2025/26 financial year – see copy attached.

DISCUSSION

Section 239 of the Act requires the Tribunal to determine the categories of councils and mayoral offices at least once every three years. The Tribunal last undertook a significant review of the categories and the allocation of councils into each of those categories in 2023 and will next consider the model, the criteria for each group and the allocation of councils in the 2026 review.

The Tribunal invited submissions regarding fees and received 17 submissions – 16 from individual councils, 1 submission from LGNSW. Seven submissions were received requesting re-categorization or changes to the current category criteria, LGNSW also advocated for changes to factors affecting categorizations of Councils. All requests were declined by the Tribunal and may be considered in the 2026 review.

The Tribunal did however determine that one Council – Mid Coast Council, be re-categorised from a Regional Centre to Regional Strategic Area from 1 July 2025, as it met the population benchmark to be considered Regional Strategic Area.

Other submissions were received requesting changes to the remuneration structure including a comprehensive review of the framework, however the LG Act does not enable the Tribunal to carry out a comprehensive review of the framework unless this was conferred or imposed by the Minister, as per s.238(2) of the LG Act.

The Tribunal examined a range of statistical and demographic data and considered the submissions of councils, Local Government NSW (LGNSW). The Tribunal determined to retain a categorisation model. In accordance with section 239 of the LG Act the categories of general-purpose councils are as follows:

Metropolitan	Non-Metropolitan
Principle CBD	Major Regional City
Major CBD	Major Strategic Area
Metropolitan Major	Regional Strategic Area
Metropolitan Large	Regional Centre
Metropolitan Medium	Regional Rural
Metropolitan Small	Rural Large
	Rural

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

Having considered the key economic indicators, including the Consumer Price Index and Wage Price Index, full-time adult average weekly ordinary time earnings, NSW Public Sector increases, and Local Government State Award increases along with the Base Cost Change model used by IPART in setting the rate peg for 2025-26 the Tribunal has found that a 3% increase to the current fees is warranted. The 3% increase will apply to the minimum and the maximum of the ranges for all categories effective from 1 July 2025.

Impact on Council

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

Councillor

Mayor

Annual Fee

Minimum - Maximum

Additional Fee

Minimum - Maximum

$15,830 - $29,550

$33,630 - $78,480

In June 2024, when Council determined the fees payable to Councillors and the Mayor for the 2024/25 financial year, it resolved to pay fees at the maximum level. This was consistent with decisions in previous years. Should Council resolve to pay fees at the maximum level for the 2025/26 period, this would result in an increase of $860 per annum for each Councillor and an increase of $2,290 per annum for the Mayor.

BUDGET

Sufficient funds have been allocated in the 2025/26 Budget to cover a 3% increase in the fees payable to Councillors and the Mayor.

POLICY

There are no policy implications associated with this Report.

CONCLUSION

It is considered appropriate that the maximum fee for the Metropolitan Medium category be paid to Hornsby Shire Councillors and the Mayor for the period 1 July 2025 to 30 June 2026. This would result in each Councillor receiving an annual fee of $29,550 and the Mayor receiving an additional annual fee of $78,480 for the 2025/26 financial year.

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

Attachments:

Local Government Remuneration Tribunal - Annual Determination 2025

File Reference: F2004/09552-02

Document Number: D09133078

Director's Report No. CE5/25

Community and Environment Division

Date of Meeting: 11/06/2025

6 COUNCIL INTERNAL COMMITTEES AND WORKING PARTIES

EXECUTIVE SUMMARY

· Council has traditionally involved the community in its decision making through a variety of means. In support of this approach, previous Councils have maintained a number of long-standing community committees.

· At its meeting in October 2024, Council appointed representatives to external committees and working parties and deferred consideration of internal committees to a later date.

· It is now timely for Council to consider which internal advisory committees and working parties it wishes to establish.

· This Report provides a list of the internal committees and working parties that were operational during the previous term of Council and seeks a determination in respect of which committees Council wishes to re-establish.

· It is noted that internal committees would have delegated authority to make recommendations to but not formal decisions on behalf of Council.

· Expressions of interest for community members of committees that Council wishes to establish would be advertised for a period of 28 days and reported back to Council for endorsement. Councillor membership on committees could also be determined at this point.

RECOMMENDATION

THAT:

1. Council determine which internal advisory committees and working parties it wishes to establish.

2. Council endorse Terms of Reference and Charter for committees it establishes.

3. Council seek expressions of interest for community membership to relevant committees.

4. A further Report be presented to Council with the outcomes of the expressions of interest process.

PURPOSE

The purpose of this Report is to provide the opportunity for Council to determine which internal advisory committees and working parties it wishes to establish.

BACKGROUND

Council has traditionally involved the community in its decision making through a variety of means. In support of this approach, previous Councils have maintained a number of long-standing community committees.

All internal advisory committees / working parties ceased at the conclusion of the previous term of Council. At this time, Council wrote to community members on its informal committees thanking them for their valuable contribution and advised that the new Council will be reviewing and determining the structure and focus of future informal committees.

Following the 2024 Local Government Elections, at its meeting in October 2024, Council appointed representatives to external committees and working parties and deferred consideration of internal committees to a later date.

DISCUSSION

Internal advisory committees play a role in supporting Council’s work by providing community advice and insight on various aspects of Council’s functions. Committees with a well-defined objectives and Terms of Reference, offer an opportunity to develop constructive relationships with the community and stakeholders; promote an understanding of a range of perspectives; provide a forum for constructively resolving issues and facilitate an effective information channel.

Council’s experience with internal advisory committees suggests that committees offer greatest value where they are focussed on supporting Council in delivering a specific project or strategy, as opposed to ongoing review and monitoring Council’s work programs.

The internal committees/working parties operating during the 2021 – 2024 Council are shown in the table below.

Council Committee / Working Party	*Comment*
Hornsby Aboriginal and Torres Strait Islander Consultative Committee (HATSICC)	Committee provides a link to Aboriginal and Torres Strait Islander peoples in the Hornsby LGA, enabling advice, input and feedback to be provided on Council’s business and affairs relating to Aboriginal and Torres Strait Islander people.
Hornsby Shire Heritage Advisory Committee	The purpose of the Committee is to assist Council in the conservation and promotion of the heritage of Hornsby Shire in accordance with Council’s heritage conservation objectives.
Arts and Cultural Advisory Group	Specific purpose advisory group that was dissolved with Council’s adoption of the Arts and Cultural Plan in 2024.

In the previous term of Council, the Hornsby Shire Heritage Advisory Committee has been focused on the overview of the Comprehensive Heritage Study. The Committee has provided diverse perspectives and advise on the development and oversight of this ongoing Study. Should the Committee be re-established, it is recommended it would focus on the Comprehensive Heritage Study actions, and the Committees’ Terms of Reference be reviewed when the Comprehensive Heritage Study has been completed.

The Committee’s Charter requires a minimum of nine members namely four nominated Councillors; a minimum of three and a maximum of four technical specialists from the architectural/planning or other related profession with expertise in heritage; and two community representatives with a minimum of one representative from Hornsby Shire Historical Society.

Core Terms of Reference for all Council Committees and Charters for HATSICC and the Heritage Advisory Committee are provided at Attachment 1 to this Report.

It is appropriate that Council consider and provide direction regarding the internal advisory committees and working parties that it may wish to establish to assist its role.

CONSULTATION

Subject to Council’s endorsement, expressions of interest would be called for community members to participate on relevant committees.

BUDGET

There are no budgetary implications associated with this Report.

POLICY

There are no policy implications associated with this Report. The role of committees is to discuss matters and make recommendations for consideration by Council, but not to make decisions on Council's behalf.

CONCLUSION

Council’s consideration and direction regarding the internal advisory committees and working parties that it may wish to establish is sought. Should Council resolve to establish a committee(s), expressions of interest would be sought for appropriate members of the public to participate on the committee(s). Expressions of interested would be reported to a future meeting of Council to confirm membership and the selection of Councillor representatives.

RESPONSIBLE OFFICER

The officers responsible for the preparation of this Report are the Directors, Community & Environment, and Planning & Compliance, Steve Fedorow and James Farrington who can be contacted on 9847 6541 or 9847 6750.

Stephen Fedorow

Director - Community and Environment

Community and Environment Division

James Farrington

Director - Planning and Compliance

Planning and Compliance Division

Attachments:

1.	Committee Core Terms of Reference
2.	HATSICC Charter
3.	HAC Charter

File Reference: F2005/01147-002

Document Number: D09137436

Director's Report No. PC10/25

Planning and Compliance Division

Date of Meeting: 11/06/2025

7 REPORT ON SUBMISSIONS - DRAFT DUAL OCCUPANCY AMENDMENTS TO HORNSBY DCP

EXECUTIVE SUMMARY

· In mid-2024, dual occupancy development was made permissible in the R2 Low Density Residential zone under Stage 1 of the State Government’s Low and Mid-Rise Housing Diversity Reforms.

· At its meeting on 9 April 2025, Council resolved to exhibit draft dual occupancy Development Control Plan (DCP) controls for this form of housing.

· The timely amendment of the Hornsby DCP is appropriate to ensure controls are in place to guide the evaluation of development applications for dual occupancy development.

· The draft DCP amendments were exhibited from 14 April to 25 May 2025, an extended period to account for the Autumn school holiday period. A total of 19 submissions were received.

· Submissions include varied comments with 11 in support, 6 raising objections and 2 providing commentary only. Issues raised relate to limiting density to town centres, lot size, landscaping, trees and canopy cover, footpaths, water supply, car parking and front setback.

· One amendment is recommended in response to submissions for consistency between built form and subdivision controls for lot width. A minor amendment is recommended after a post exhibition review to provide clarification for stormwater management.

· It is recommended that Council approve the draft dual occupancy DCP amendments attached to this report, as amended following exhibition.

RECOMMENDATION

THAT:

1. Council approve the Hornsby Development Control Plan 2024 amendments for dual occupancy development attached to Director’s Report No. PC10/25.

2. Notification of the approval be published on Council’s website.

3. 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 draft Dual Occupancy DCP controls and seek adoption of the amendments.

BACKGROUND

In mid-2024, dual occupancy development was made permissible in the R2 Low Density Residential zone under Stage 1 of the State Government's Low and Mid-Rise Housing Diversity Reforms.

The Hornsby DCP currently includes controls for dual occupancy development within rural areas, where Council permits attached dual occupancies under the Hornsby Local Environmental Plan (HLEP) 2013. However, these controls do not consider requirements for detached dual occupancies in urban areas.

Accordingly, at its meeting on 9 April 2025, Council considered Director's Report No. PC8/25 presenting draft DCP controls for dual occupancy development in the R2 Low Density Residential zone and subsequent subdivision. Council resolved that:

1. The draft Dual Occupancy Development Control Plan amendments attached to Director's Report No. PC8/25 be placed on public exhibition for a period of at least 28 days.

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

In accordance with Council’s resolution, the draft controls were publicly exhibited from 14 April 2025 to 25 May 2025.

DISCUSSION

This report addresses submissions received in response to the exhibition of draft amendments to the Hornsby DCP regarding dual occupancy development.

Public exhibition and responses

The draft Dual Occupancy DCP amendments were exhibited between 14 April 2025 and 25 May 2025, a total of 42 days, being an extended period due to the Autumn school holidays.

The amendments include changes to:

· Part 1 General (Section 1.3.2.1 Transport and parking).

· Part 3 Residential (Section 3.1 Dwelling Houses).

· Part 6 Subdivision (Section 6.2 Urban Subdivision).

In response to the exhibition, 19 submissions were received, with 11 in support, 6 raising objection and 2 providing comment. Issues raised in submissions included:

· Limiting density to town centres.

· Lot size.

· Landscaping.

· Trees and canopy cover.

· Footpaths.

· Water supply.

· Car parking.

· Front setbacks.

Two of the submissions in support request that dual occupancies be permitted on bushfire prone land. This request is outside the scope of this exhibition as the DCP does not state the permissibility of development. The Housing SEPP introduces permissibility for dual occupancies in the R2 Low Density Residential zone and excludes bushfire prone land.

Other issues raised in submissions are discussed below.

Restrict density to town centre areas

One submission objects to the permissibility of dual occupancy development and suggests increased residential density should be located adjacent to town centres, such as around Hornsby Station.

Comment

In response to the State Government’s proposed Low and Mid Rise Housing Reforms, Council made a submission acknowledging the need to provide additional housing choice. Council recommended planning for increased housing opportunities should be the responsibility of councils in consideration of local character, accessibility to centres, environmental constraints and consultation with the community.

However, the permissibility of dual occupancy development in the R2 Low Density Residential zone has been mandated by the NSW State Government through the Housing State Environmental Planning Policy (SEPP). The State Policy overrides Council controls and as such, Council has no ability to set geographic requirements or locations for the permissibility for dual occupancy development.

Recommendation

That no changes be made to the exhibited draft Dual Occupancy DCP amendments in response to the submission on density.

Lot size controls

Nine submissions recommend changes to lot size controls for dual occupancy development. One comments that a minimum lot size of 700sqm is too small and would lead to crowding and overdevelopment while eight submissions suggest a reduction to between 400-600sqm. Five of the submissions seek a reduction in lot width to either 12m or 15m.

Comment

As part of the implementation of the NSW Government’s Low and Mid-Rise Housing Reforms, councils were invited to nominate their own minimum lot size for the development type, to be implemented by the State Government.

The Department of Planning, Housing and Infrastructure (DPHI) stipulated the nominated minimum lot size would need to allow at least 50% of R2 Low Density Residential zoned lots to be eligible for dual occupancy development. If a lot size was not nominated and applied, a ‘parent lot’ size of 400sqm would apply, allowing subsequent subdivision of resulting lots of 200sqm.

In response, Council undertook an analysis of R2 Low Density Residential lands within the Shire to determine the most appropriate controls that would meet the NSW Government’s mandate, considering local characteristics. The analysis informed a recommended minimum lot size of 700sqm and 900sqm, depending on development type and location. A minimum frontage width of 16m was also recommended, aligning with the prevailing lot width and streetscape character of those lands. As required, the controls would allow for 50% of R2 Low Density Residential lots in the Shire to be eligible for dual occupancy development.

These recommendations were considered by Council at its February 2025 meeting, where it resolved to endorse and submit them to DPHI. They are anticipated to be implemented mid-year.

Changes to minimum lot size amendments are outside the scope of the proposed DCP amendments. Instead, these will be set through an amendment to the Hornsby LEP, implemented by the NSW Government as discussed above.

Recommendation

That no changes be made to the exhibited draft dual occupancy DCP provisions in response to submissions relating to lot size and width.

Landscaping

One submission suggests there is an inconsistency in landscaping requirements for dwellings in sections 3.1.3 and 6.2.1, which relate to development and subdivision, respectively. It highlights the controls require a single lot of 1,000sqm to have 40% landscaping (400sqm) as opposed to two lots of 500sqm where each would have at least 20% landscaping (100sqm in total).

Comment

Hornsby DCP Section 3.1.3 identifies the minimum landscape area on a property, based on the size of the property. The proportion required increases as the lot size increases. This encourages the integration and retention of landscaping as properties are redeveloped and the bulk and scale of development is consistent with the character of the area. If lots are smaller, the proportion of minimum landscaped area is also smaller, reflecting that more land is used for buildings and infrastructure such as driveways.

The proportions are duplicated in Section 6.2.1, where an application for subdivision should demonstrate how a future development will allow for the required level of landscaping.

However, the exhibited draft dual occupancy DCP provisions within Part 6 did not show the 16m minimum lot width, as specified within Section 3.1.1 for dual occupancy, as a subdivision requirement. This could potentially cause confusion or unintended outcomes when subdividing. For consistency, the dual occupancy subdivision provisions of the DCP should also identify the 16m minimum lot width control. This will ensure consistency between built form and subdivision controls for this form of housing.

Recommendation

That Section 6.2.1 be updated to include the 16m minimum lot width for dual occupancy subdivision for consistent application in response to the submission on landscaping.

Trees and canopy cover

One submission supports dual occupancy development, but not at the expense of trees and canopy cover. It recommends strong protection for existing trees and canopy cover.

Comment

The proposed changes exhibited to Part 3 Residential include an additional requirement for dwellings, including dual occupancies, to provide a street tree every 7 metres of road reserve. This is consistent with the current Hornsby DCP requirements for medium density townhouse development, with the aim to strengthen tree canopy in the public domain.

However, it is acknowledged that dual occupancy development, as enacted by the NSW Government’s Low and Mid Rise reforms, could result in a reduction in tree canopy in the Shire. Given the permissibility and density controls are mandated by the NSW Government under its lot size requirements, Council’s options for completely mitigating that loss are limited. However, the proposed street tree planting requirements for all dwellings should reduce and assist mitigate that loss.

Recommendation

That no changes be made to the exhibited draft Dual Occupancy DCP amendments in response to the submission on trees and canopy cover.

Footpaths

One submission supports dual occupancy development but seeks construction of additional footpaths in conjunction with such development, where identified in a walking strategy.

Comment

The proposed draft dual occupancy DCP provisions do not contain changes regarding provision of footpaths.

Townhouse development and large residential flat buildings are required to contribute to the public domain, including the potential for pedestrian connections, under Hornsby DCP clauses 3.2.13 and 3.4.14, respectively. The extent of embellishments are further identified for key and town centres and planned precincts.

Unlike dual occupancy developments, townhouse and residential flat buildings typically have wide frontages that benefit from footpath delivery alongside complex utilities and services. However, mandating footpath delivery for dual occupancy development, which would likely take place on a lot by lot basis, may result in poor and uneven outcomes if footpath delivery is not coordinated.

Future walking strategies may identify that areas of high dual occupancy take up warrant accelerated footpath development by Council. Development contributions raised from development, such as dual occupancy development, may assist deliver such infrastructure, pending future consideration of need, resources and feasibility.

Recommendation

That no changes be made to the exhibited draft Dual Occupancy DCP amendments in response to the submission on footpaths.

Water supply

One submission comments that Sydney Water has inadequate water supply to support dual occupancy development. The submission requests Council place a moratorium on new development until the NSW and Commonwealth Governments assure the water supply system has adequate capacity to provide for extended droughts.

Comment

At its 14 February 2024 meeting, Council considered Director’s Report No. PC3/24 and LM7/24, regarding the NSW Government’s initial Explanation of Intended Effect (EIE) for the Low and Mid Rise housing reforms. Issues raised in these reports included the delivery of infrastructure required to support the additional and untargeted density associated with the reforms. These matters have been put to the NSW Government as submissions for consideration. Following the exhibition of the EIE, the NSW Government permitted dual occupancy development.

Council is unable to place a moratorium on, or stop, new development and the draft Dual Occupancy DCP amendments only seek to control the built form of dual occupancies permitted under State legislation. The long-term water management of Greater Sydney remains a function of the NSW Government and as discussed above; Council has advocated to the Government about the need for appropriate State infrastructure to be provided.

Implementation of the DCP controls would not preclude future advocacy regarding water management should it be appropriate in the future.

Recommendation

That no changes be made to the exhibited draft Dual Occupancy DCP amendments in response to the submission on water supply.

Car Parking

One submission comments that Council has had a long-standing policy of inadequate parking rates and the parking rates for all development types should be increased by 100%.

Comment

The proposed minimum rate of one car space per dwelling for dual occupancy development aligns with requirements under the SEPP (Exempt and Complying Development Codes) 2008 for complying development.

Requiring more than one car space would likely require larger and bulkier buildings to accommodate larger garages, or longer and wider driveways. This may result in poor outcomes with less landscaping, particularly on smaller lots. However, the proposed rate is a minimum, meaning more than one space could be provided where lots are able to accommodate additional spaces.

Recommendation

That no changes be made to the exhibited draft dual occupancy DCP provisions in response to the submission on car parking.

Front Setbacks

One submission requests a reduction in the proposed front setback of 9m for Cherrybrook to 7.6m as the 9m setback poses constraints to achieving dual occupancies, for example, where powerline easements affect a lot.

Comment

The proposed front setback of 9m for Cherrybrook for dual occupancies (whether attached or detached) is the same as the current front setback for dwelling-houses. This will provide a consistent streetscape appearance while still providing sufficient space for the construction of a dual occupancy development on the proposed LEP lot sizes. The DCP is a policy documents and the merit-based assessment of encroachments would be considered where the streetscape would not be adversely affected or site constraints support a variation in the circumstances of a particular application.

Recommendation

That no changes be made to the exhibited draft dual occupancy DCP provisions in response to the submission on front setback.

CONSULTATION

In accordance with the consultation strategy outlined in Director’s Report No. PC8/25, the draft Dual Occupancy DCP amendments were exhibited between 14 April 2025 and 25 May 2025, a total of 42 days, an extended period due to the Autumn school holidays.

The draft Dual Occupancy DCP amendments were exhibited via the following channels:

· Advertisement on Council’s website under ‘Your Say Hornsby.

· Council’s eNews.

· Social Media (Facebook).

· Advertisements in local publications.

A total of 19 submissions were received and are addressed in this report.

BUDGET

There are no budgetary implications associated with this report. Costs associated with the preparation of the draft Dual Occupancy DCP amendments are covered by the Strategic Land Use Planning operational budget.

POLICY

The Hornsby DCP 2024 does not currently contain specific controls for the construction of dual occupancy developments in the R2 Low Density Residential zone nor its subsequent subdivision. The State Government has mandated the permissibility of dual occupancy development. Therefore, it is proposed to include provisions for dual occupancy development to be designed to a scale that is consistent and compatible with the character of existing low density residential areas in the Shire.

Subject to Council endorsement, the draft amendments would be incorporated into the Hornsby DCP and come into force when published on Council’s website.

CONCLUSION

The draft Dual Occupancy DCP amendments were exhibited between 14 April 2025 and 25 May 2025 to introduce dual occupancy controls in the R2 Low Density Residential zone and subsequent subdivision.

In response to the exhibition 19 submissions were received. Submitters provided varied comments on the draft amendments with 11 submissions in support, 6 raising objections and 2 providing commentary only. Issues raised in submissions related to limiting density to town centres, lot size, landscaping, trees and canopy cover, footpaths, water supply, car parking and front setback which are addressed in this report with one change recommended to Part 6 Section 6.2.1 to include the 16m minimum lot width for dual occupancy subdivision for consistency with the residential controls in Part 3.

Following a post-exhibition review, an amendment is recommended to Part 1 Section 1.3.1.2 Stormwater management to clarify stormwater requirements for dual occupancy development.

It is recommended that Council adopt the draft dual occupancy DCP provisions as amended in accordance with 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

Attachments:

1.	Draft Hornsby DCP 2024 Part 1 - Dual Occupancy - Post Exhibition
2.	Draft Hornsby DCP 2024 Part 3 - Dual Occupancy - Post Exhibition
3.	Draft Hornsby DCP 2024 Part 6 - Dual Occupancy - Post Exhibition

File Reference: F2021/00318

Document Number: D09131685

Director's Report No. PC11/25

Planning and Compliance Division

Date of Meeting: 11/06/2025

8 REPORT ON SUBMISSIONS - DRAFT HERITAGE DCP AMENDMENTS TO HORNSBY DCP

EXECUTIVE SUMMARY

· The review and update of the Heritage Chapter of the Hornsby Development Control Plan (DCP) is being undertaken as part of Council’s Comprehensive Heritage Study program of works.

· Draft DCP amendments for Part 9 Heritage have been prepared to improve the usability of heritage controls, and relocate non-heritage built-form controls to the relevant sections of the DCP under Part 3 Residential and Part 4 Business. Together, these amendments form the draft Heritage DCP amendments being considered.

· At its meeting on 9 April 2025, Council resolved to exhibit the draft Heritage DCP amendments for a minimum of 28 days. In accordance with Council’s resolution, the draft amendments were exhibited from 14 April 2025 to 25 May 2025.

· During the exhibition, six submissions were received. One is from Heritage NSW, which supports the draft DCP amendments and advises of updated reference documents. One submission is from the Hornsby Shire Historical Society advising of no comment and the remaining four are from community members.

· Of the four community submissions, one supports the general changes relating to aboriginal heritage and recommends further planning reforms, one recommends minor amendments to descriptions of where certain Aboriginal heritage items may be found one offers suggestions for preserving HCA character and one requests a change to a listed heritage item.

· Submissions are addressed in this report. In response, amendments are recommended to update references to Heritage NSW documents and examples of Aboriginal heritage items.

· It is recommended that Council endorse the Heritage Development Control Plan amendments attached to this report.

RECOMMENDATION

THAT:

1. Council approve the Heritage Development Control Plan Amendments attached to Director’s Report No. PC11/25.

2. Notification of the approval be published on Council’s website.

3. Submitters be advised of Council’s decision.

PURPOSE

The purpose of this report is to address matters raised in submissions during the exhibition of draft amendments to Part 3 Residential, Part 4 Business and Part 9 Heritage of the Hornsby DCP (draft Heritage DCP amendments) and seek approval of the amendments to the Hornsby DCP.

BACKGROUND

Council is undertaking a program of works under the Comprehensive Heritage Study (CHS). Review of the Heritage Chapter of the Hornsby DCP is one of the tasks under the program. This review informed draft amendments to the Hornsby DCP Part 3 Residential, Part 4 Business and Part 9 Heritage which seek to improve the function of heritage controls within the Shire.

At its meeting on 9 April 2025, Council considered Director’s Report No. PC7/25 presenting the draft Heritage DCP amendments for exhibition, and resolved that:

1. The draft Heritage Development Control Plan Amendments attached to Director’s Report No. PC7/25 be placed on public exhibition for a period of at least 28 days.

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

In accordance with Council’s resolution, the draft Heritage DCP amendments were publicly exhibited from 14 April 2025 to 25 May 2025.

DISCUSSION

This report addresses submissions received in response to the exhibition of the draft Heritage DCP amendments.

Public exhibition and responses

The draft Heritage DCP amendments were exhibited from 14 April 2025 to 25 May 2025, an extended 42 day period due to the Autumn school holiday period.

In response to the exhibition, six submissions were received, one from Heritage NSW indicating support for the DCP amendments and one from the Hornsby Shire Historical Society advising they have no further comments on the draft.

Four submissions were received from community members. Of these submissions, one supports the general changes relating to aboriginal heritage and recommends further planning reforms, one recommends minor amendments to descriptions of where certain Aboriginal heritage items may be found, one offers suggestions for preserving Heritage Conservation Area (HCA) character and one requests a change to a listed heritage item.

These matters raised in submissions are discussed below.

Department of Climate Change, Energy and the Environment and Water (DCCEEW), Heritage NSW

Heritage NSW acknowledges the work undertaken under the CHS and supports the initiatives of the Heritage DCP amendments. Specifically, it supports the revised controls in relation to Aboriginal cultural heritage, historical archaeology and cultural landscapes, as well as the clearer structure for controls relating to each HCA. The submission also supports the aims and objectives of the Heritage DCP amendments.

The Heritage NSW submission also recommends including its Guide to Investigating, Assessing and Reporting on Aboriginal Cultural Heritage in NSW in Section 9.1.3 Legislation and Guiding Documents. An updated weblink to another guideline is also provided, following a recent update to its website.

Comment:

Heritage NSW support for the aims and objectives of the Heritage DCP amendments as well as revised controls for Aboriginal heritage, historical archaeology, cultural heritage and HCAs is welcomed.

One of the goals of the Heritage DCP amendments is to provide updated and relevant information to the community and assessing officers. As such, citing the Guide to Investigating, Assessing and Reporting on Aboriginal Cultural Heritage in NSW as a guiding heritage document, as well as updating weblinks, is appropriate.

Recommendation:

The draft Heritage DCP amendments be updated to include a reference to the Guide to Investigating, Assessing and Reporting on Aboriginal Cultural Heritage in NSW in Section 9.1.3 Legislation and Guiding Documents and weblinks be updated.

Aboriginal Heritage management and reform

One submission states the Hornsby DCP amendments, together with Council’s adopted Aboriginal Heritage Study demonstrate progress in protecting First Nations heritage. However, it suggests several further amendments based on suggested planning reforms for Aboriginal Heritage protection. These include matters relating to decision making authority, consent, definition of scared sites and cultural landscaping, mapping of cultural values in planning instruments, resourcing of cultural monitoring and site management programs, ongoing protection of Aboriginal culture and Aboriginal cultural training.

Comment:

The draft Heritage DCP amendments propose updates to Aboriginal Heritage controls that focus on communicating the obligations of applicants when considering impacts to Aboriginal Heritage. These relate to landowner due diligence and concurrence requirements with Heritage NSW.

The submission details several planning reforms that impact State and Federal legislation and regulations and would likely require amendments to the Environmental Planning and Assessment Act 1979 and the National Parks and Wildlife Act, amongst others. These matters, such as establishing new decision-making authorities, consent and mapping, are outside of Council’s control.

Although the NSW Government has made commitments to undertake significant changes to the way Aboriginal Heritage is managed under State law, it has not yet detailed how such a system would work and the relationship to local government controls. As such, notwithstanding the potential merit of the reforms sought in the submission, Council does not have the immediate statutory authority to implement them.

However, Council has made commitments to improve the management of Aboriginal heritage within its powers through the adoption of the Hornsby Aboriginal Heritage Study and supporting Implementation Action Plan at its 12 June 2024 meeting. This includes future development of cultural mapping, site monitoring programs, cultural training, involvement of Aboriginal community members in development assessment and data management. Full implementation of the action plan is subject to funding and programming under Council’s delivery plan.

Although additional changes to the Hornsby DCP relating to Aboriginal Heritage are not recommended at this time, further review of Aboriginal Heritage controls would be considered as reforms are undertaken by State and Federal governments, and as Council’s action plan is implemented.

Recommendation:

That no changes be made to the draft Heritage DCP amendments in response to the submission on Aboriginal Heritage management.

Aboriginal Grinding Grooves

One submission notes the draft Heritage DCP amendments identify Aboriginal grinding grooves on valley floors as an example of Aboriginal sites in the Shire. The submission recommends this be amended, offering examples of other places grinding grooves can be found, such as near water holes and streams.

Comment:

The introduction of Section 9.2 Aboriginal Heritage in the draft Heritage DCP amendments includes a list of types of Aboriginal sites in the Shire and where they might be found. The intent of the list is to provide examples of such sites and locations to provide background. In this case, one place that griding grooves could be found is on valley floors. The list was not intended to be exclusive and specific. Notwithstanding, minor amendments as suggested in the submission would be appropriate to confirm the intent.

Recommendation:

That the draft Heritage DCP amendments Part 9.2 Aboriginal Cultural Heritage be updated to amend the list of types of Aboriginal sites and potential locations.

Proposed Federation façade requirement in Beecroft-Cheltenham HCA

One submission suggests new development within the Beecroft-Cheltenham Heritage Conservation Area (HCA) be required to incorporate Federation facades.

Comment:

The Beecroft-Cheltenham HCA is significant for maintaining a multi-layered and historic streetscape character with buildings from the Victorian, Federation, Arts and Crafts, Inter-War and post War eras. The Federation period is one of several early residential architectural styles that demonstrate the built historic character of the HCA.

The current Hornsby DCP heritage controls require new development within the HCA to respond and complement the distinct characteristics that make up the values and significance of HCA. The draft DCP amendments would not alter this requirement, rather they provide more guidance for how development should respond to the heritage character of the different precincts within the HCA.

Part 9.6 of the draft amendments detail the overarching desired outcomes and controls to guide new development to sympathetically respond to the architectural style of the surrounding streetscapes. Part 9.7.1 contains an updated character and significant statement to provide more detail and refined controls to encourage development that complements the architectural style of the precincts.

Given the varied nature of the styles and periods, specifically requiring Federation facades would not be appropriate. However, the proposed controls as exhibited would meet the submission’s general sentiment that new development should be compatible with the heritage characteristics of the surrounding area.

Recommendation:

That no change be made to the draft Heritage DCP amendments in response to the submission on Federation facades in the Beecroft-Cheltenham HCA.

Screening of clothes drying areas

One submission suggests that heritage controls should require that high density residential development screen private clothes drying areas from public view.

Comment:

This issue does not directly relate to heritage values or controls. The existing residential built form controls in Part 3, sections 3.3.8(e) and section 3.4.8(d) of the DCP relate to clothes drying areas for residential flat buildings. Those controls state each dwelling should have an external clothes drying area, which is to be screened from public places and communal areas. These principles are also included in Section 4E of the NSW Government’s Apartment Design Guide. As such, no further amendments to the DCP are required.

Recommendation:

That no change be made to the draft Heritage DCP amendments in response to the submission on screening of clothes drying areas.

Manor Road landscape heritage item

One submission requests amendment to the Manor Road landscape heritage (Item 494) to expand it to include properties along the road reserve to protect trees and gardens on those properties. Specifically, bushfire clearing under 10/50 legislation is identified as a risk to local trees.

Comment:

The draft Heritage DCP amendments do not affect or propose changes to the listing of heritage items. Amendments to the Manor Road landscape heritage item, such as expanding it to include neighbouring properties, would require an amendment to the Hornsby Local Environmental Plan 2013 and is out of scope for this project.

Notwithstanding, in 2019, Council endorsed a planning proposal seeking to list 22 trees located at No. 62 Manor Road, Hornsby (adjacent to the Manor Road street tree listing). The proposal was submitted to the (then) Department of Planning, Industry and Environment for Gateway Determination to enable exhibition. In 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.

Should a development application be received in the vicinity of the Manor Road landscape heritage item, it would be subject to biodiversity assessments under Part 1 General and heritage assessment under Part 9 Heritage of the DCP.

Recommendation:

That no change be made to the draft Heritage DCP amendments in response to the submission on the Manor Road landscape heritage item.

CONSULTATION

The development of the draft Heritage DCP amendments included involvement from the then Hornsby Aboriginal and Torres Strait Islander Committee (HATSICC) and Hornsby Heritage Advisory Committee (HAC) during the preparation of the amendments. The Committees provided feedback on early drafts in terms of structure, readability and strength of controls. Valuable input from the Beecroft-Cheltenham Civic Trust regarding the operation of the Heritage DCP was also received and considered early in the review process.

The draft Heritage DCP amendments were exhibited for six weeks from 14 April 2025 to 25 May 2025 and advertised through the following channels:

· Advertisement on Council’s website under ‘Your Say Hornsby’.

· Council’s eNews.

· Social Media (Facebook).

· Letters and/or emails to former members of HAC and HATSICC in the 2022 to 2024 term; local Aboriginal organisations and Local Aboriginal Land Council’s; local historical societies; adjoining councils; and relevant State agencies.

A total of six submissions were received and are addressed in this report, including submissions from Heritage NSW and the Hornsby Shire Historical Society.

BUDGET

The costs associated with the Heritage DCP Review and preparation of the draft DCP amendments have been covered partly under the Comprehensive Heritage Study program allocation of funds and partly through the Heritage NSW (Department of Climate Change, Energy, Environment and Water) Local Government Heritage Grants 2023-25 Funding program.

POLICY

Subject to Council endorsement, the draft Heritage DCP amendments would be incorporated into the Hornsby DCP and come into force when published on Council’s website.

CONCLUSION

The draft Heritage DCP amendments were exhibited between 14 April 2025 and 25 May 2025. In response to the exhibition, six submissions were received, one from Heritage NSW indicating support for the DCP amendments and one from the Hornsby Shire Historical Society advising they have no further comments on the draft.

Four submissions were received from community members. Of the submissions, one is supportive of the changes relating to aboriginal heritage and recommends further planning reforms, one recommends minor amendments to descriptions of where certain Aboriginal heritage items may be found, one offers suggestions for preserving HCA character and one requests a change to a listed heritage item.

In response to submissions, minor amendments are recommended to clarify the intent of provided examples of Aboriginal sites, include a reference to a Heritage NSW guideline and update a weblink. It is recommended Council adopt the draft Heritage DCP amendments 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

Attachments:

1.	Draft HDCP 2024 Part 3 - Heritage DCP - Post Exhibition
2.	Draft HDCP 2024 Part 4 - Heritage DCP - Post Exhibition
3.	Draft HDCP 2024 Part 9 - Heritage DCP - Post Exhibition

File Reference: F2020/00185#008

Document Number: D09133046

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Landscaping

Trees and canopy cover

Footpaths

Water supply

Car Parking

Other post-exhibition amendments

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