MINUTES OF General Meeting
Held at Council Chambers, HORNSBY
on Wednesday 11
June 2025
at 6:30 PM
Welcome to country
A
Welcome to Country was given by the Darug and GuriNgai Traditional Owner
representative, Aunty Ros Fogg OAM.
PRESENT
Councillors Waddell (Chairman),
Ball, Conley, Greenwood, McClelland, McIntosh, McSweeney, Seaglove, Simons and
Tilbury.
NATIONAL
ANTHEM
OPENING
PRAYER
Pastor Mark Adam from The Heights Church, Hornsby Heights opened
the meeting in prayer.
Acknowledgement
of RELIGIOUS DIVERSITY
Statement by the Chairman:
"We recognise our Shire's rich cultural and religious
diversity and we acknowledge and pay respect to the beliefs of all members of
our community, regardless of creed or faith."
Video and AUDIO RECORDING OF COUNCIL MEETING
Statement
by the Chairman:
"I advise all present that tonight's meeting is being video
streamed live via Council’s website and also audio recorded for the purposes of providing a record of
public comment at the meeting,
supporting the democratic process, broadening knowledge and participation in
community affairs, and demonstrating Council’s commitment to openness and
accountability. The audio
and video recordings of the non-confidential
parts of the meeting will be made available on Council’s website once the
Minutes have been finalised. All speakers are requested to ensure their comments
are relevant to the issue at hand and to refrain from making personal comments
or criticisms. No other persons are permitted to record the Meeting,
unless specifically authorised by Council to do so."
APOLOGIES
/ leave of absence / Requests to attend remotely
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RESOLVED ON THE MOTION OF COUNCILLOR Tilbury, seconded by COUNCILLOR McIntosh,
THAT a
request for leave of absence from:
1.
Councillor Seaglove for the period 9 July 2025 to 21 July 2025 be
accepted and leave of absence be granted
2.
Councillor Greenwood for the period 26 July 2025 to 31 August 2025 be
accepted and leave of absence be granted
FOR:
Councillors
Ball, Conley, Greenwood, McClelland, McIntosh, McSweeney, Seaglove, Simons,
Tilbury and Waddell
AGAINST: Nil
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political donations disclosure
Statement
by the Chairman:
“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
Nil
confirmation of minutes
|
RESOLVED ON THE MOTION OF COUNCILLOR BALL,
seconded by COUNCILLOR GREENWOOD
THAT the Minutes of the General Meeting held on Wednesday
14 May 2025 be confirmed, a copy having been distributed to all Councillors.
FOR:
Councillors
Ball, Conley, Greenwood, McClelland, McIntosh, McSweeney, Seaglove, Simons,
Tilbury and Waddell
AGAINST: Nil
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petitionS
Nil
presentations
Nil
Rescission Motions
Nil
Mayoral Minutes
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15 MM5/25 The
Medal of The Order of Australia (OAM) - Hornsby Recipients
(F2004/05850-002)
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RESOLVED ON THE
MOTION OF COUNCILLOR WADDELL, seconded by COUNCILLOR MCCLELLAND,
THAT Council extend
its thanks and congratulations to Miss Edith Collingridge, Miss Winsome
Collingridge, Professor Gerald Fogarty, Mrs Roslyn Fogg, Mr Dennis Perry and
Mrs Bindi Shah and Mr Andrew Cameron for their contributions to Australia,
its neighbours and the Shire as a whole.
FOR:
Councillors
Ball, Conley, Greenwood, McClelland, McIntosh, McSweeney, Seaglove, Simons,
Tilbury and Waddell
AGAINST: Nil
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ITEMS PASSED BY EXCEPTION / CALL FOR SPEAKERS ON AGENDA ITEMS
THE MAYOR ANNOUNCED
his intention to deal with the balance of the Business Paper by the exception
method and announced the items.
Items 2, 6, 11, 12, 13 and 14 were withdrawn for discussion.
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RESOLVED ON THE MOTION OF COUNCILLOR MCINTOSH,
seconded by COUNCILLOR TILBURY,
THAT the recommendations in respect of items 1, 3, 4, 5,
7, 8 and 9 be adopted.
FOR:
Councillors
Ball, Conley, Greenwood, McClelland, McIntosh, McSweeney, Seaglove, Simons,
Tilbury and Waddell
AGAINST: Nil
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For the sake of clarity, the above
items are recorded in Agenda sequence.
Note: Item 10 was called over and
noted.
Note: Persons wishing to address
Council on matters which were on the Agenda were permitted to address Council
prior to the item being discussed. The names of speakers are recorded in the
Minutes in respect of the particular item.
Note: Persons wishing to address
Council on Non Agenda items were permitted to speak after all items on the
Agenda in respect of which there was a speaker from the public were finalised
by Council. Their names are recorded in the Minutes under the heading
“Public Forum – Non Agenda Items”.
GENERAL BUSINESS
Office of the General Manager
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1 GM25/25 Endorsement
of Hornsby Shire 2035 Community Strategic Plan, Your Vision | Your future
2035
(F2023/00306)
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RESOLVED ON THE MOTION OF COUNCILLOR
MCINTOSH, seconded by COUNCILLOR TILBURY,
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 submitters thanking them for their feedback.
FOR:
Councillors
Ball, Conley, Greenwood, McClelland, McIntosh, McSweeney, Seaglove, Simons,
Tilbury and Waddell
AGAINST: Nil
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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)
(F2025/00067)
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RESOLVED ON THE
MOTION OF COUNCILLOR TILBURY, seconded by COUNCILLOR MCINTOSH,
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 three 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 three 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 three of General Manager’s Report No.
GM29/25.
5. Council
write to submitters thanking them for their feedback.
FOR:
Councillors
Ball, Conley, Greenwood, McClelland, McIntosh, McSweeney, Seaglove, Simons,
Tilbury and Waddell
AGAINST: Nil
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Corporate Support Division
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3 CS27/25 Debts
to be Written Off - 2024/25 Financial Year
(F2004/06978-02)
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RESOLVED ON THE
MOTION OF COUNCILLOR MCINTOSH, seconded by COUNCILLOR TILBURY,
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).
FOR:
Councillors
Ball, Conley, Greenwood, McClelland, McIntosh, McSweeney, Seaglove, Simons,
Tilbury and Waddell
AGAINST: Nil
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4 CS28/25 Investments
and Borrowings for 2024/25 - Status for Period Ending 30 April 2025
(F2004/06987-02)
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RESOLVED ON THE
MOTION OF COUNCILLOR MCINTOSH, seconded by COUNCILLOR TILBURY,
THAT the contents of
Director’s Report No. CS28/25 be received and noted.
FOR:
Councillors
Ball, Conley, Greenwood, McClelland, McIntosh, McSweeney, Seaglove, Simons,
Tilbury and Waddell
AGAINST: Nil
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5 CS29/25 Local
Government Remuneration Tribunal - 2025 Report and Determination - Mayor and
Councillor Fees - 2025/26 Financial Year
(F2004/09552-02)
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RESOLVED ON THE
MOTION OF COUNCILLOR MCINTOSH, seconded by COUNCILLOR TILBURY,
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.
FOR:
Councillors
Ball, Conley, Greenwood, McClelland, McIntosh, McSweeney, Seaglove, Simons,
Tilbury and Waddell
AGAINST: Nil
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Community and Environment Division
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6 CE5/25 Council
Internal Committees and Working Parties
(F2005/01147-002)
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Ms Karen Benhar,
on behalf of Friends of Berowra Valley Inc. addressed Council regarding this
item.
RESOLVED ON THE MOTION OF COUNCILLOR BALL, seconded by
COUNCILLOR MCINTOSH,
THAT:
1.
Council re-establish the Hornsby Aboriginal and Torres Strait Islander
Consultative Committee (HATSICC) and the Hornsby Shire Heritage Advisory
Committee (HAC).
2.
Council endorse the Committee Core Terms of Reference, Hornsby
Aboriginal and Torres Strait Islander Consultative Committee Charter and
Hornsby Shire Heritage Advisory Committee Charter included at Attachments 1-3
in Director’s Report No. CE5/25.
3.
Council seek expressions of interest for community members to join the
Hornsby Aboriginal and Torres Strait Islander Committee and Heritage Advisory
Committee.
4.
A further Report be presented to Council with the outcomes of the
expressions of interest process.
FOR:
Councillors
Ball, Conley, Greenwood, McClelland, McIntosh, McSweeney, Seaglove, Simons,
Tilbury and Waddell
AGAINST: Nil
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Planning and Compliance Division
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7 PC10/25 Report
on Submissions - Draft Dual Occupancy Amendments to Hornsby DCP
(F2021/00318)
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RESOLVED ON THE
MOTION OF COUNCILLOR MCINTOSH, seconded by COUNCILLOR TILBURY,
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.
FOR:
Councillors
Ball, Conley, Greenwood, McClelland, McIntosh, McSweeney, Seaglove, Simons,
Tilbury and Waddell
AGAINST: Nil
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8 PC11/25 Report
on Submissions - Draft Heritage DCP Amendments to Hornsby DCP
(F2020/00185#008)
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RESOLVED ON THE MOTION OF COUNCILLOR MCINTOSH,
seconded by COUNCILLOR TILBURY,
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.
FOR:
Councillors
Ball, Conley, Greenwood, McClelland, McIntosh, McSweeney, Seaglove, Simons,
Tilbury and Waddell
AGAINST: Nil
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Infrastructure and Major Projects Division
Nil
Confidential Items
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9 CE4/25 Recycling
and Garden Organics Processing Services Tender
This report was deemed confidential, 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. )
(F2024/00209)
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RESOLVED ON THE
MOTION OF COUNCILLOR MCINTOSH, seconded by COUNCILLOR TILBURY,
THAT:
1. The
contents of the Confidential Director’s Report No. CE4/25,
incorporating the Confidential Tender Evaluation Report for RFT 20/2024 (RFT)
– Part A Recycling Processing Services, and Part B Garden Organics
Processing Services, and the attached legal advice and Probity Report, be
received and noted by Council.
Part A Recycling
Processing Services
2. Council:
a) In
accordance with s. 178 (1) (b) of the Local Government (General) Regulation
2021 (NSW) (Regulation), declines to accept any of the tenders
submitted with respect to the proposed contract for Part A Recycling
Processing Services of the RFT; and
b) In
accordance with s. 178 (3) (e) of the Regulation, resolves to enter into
negotiations with the persons identified for that purpose in the Tender
Evaluation Report as Nominated Persons, in respect of the recycling
processing services, and in the manner described in the Tender Evaluation Report,
with a view to entering into a contract for the services relating to the
subject matter of Part A Recycling Processing Services of the RFT.
3. Council,
in accordance with s. 178 (4)(a) of the Regulation, notes that the reasons
for Council declining to invite fresh tenders or applications as referred to
in s. 178(3)(b)-(d) of the Regulation, is that:
a) It
is not expected that further market testing will provide a more satisfactory
result; and
b) It
is anticipated that a satisfactory result can be achieved through negotiating
with one or more of the Nominated Persons in the manner described in the Tender
Evaluation Report.
4. Council,
in accordance with s. 178 (4)(b) of the Regulation, notes that the reason for Council
determining to enter into negotiations with the Nominated Persons, is that:
a) Council
is satisfied that each of the Nominated Persons would be capable of
undertaking the relevant services, pending conditions being achieved, as
nominated in the Tender Evaluation Report; and
b) It
is anticipated that a satisfactory outcome can be achieved through
negotiations with one or more of the Nominated Persons.
5. All
tenderers for Part A are notified as appropriate that no tenders for Part A were
accepted.
6. The
General Manager:
a) Be
authorised to directly negotiate with one or more of the Nominated Persons in
the manner described in the Tender Evaluation Report, for the purpose of
entering into a contract in relation to the subject matter of Part A of the
RFT; and
b) At
the completion of negotiations, return a report to Council for acceptance by
further resolution.
Part
B Garden Organics Processing Services
7. Council:
a) In
accordance with s. 178 of the Regulation, accepts the conforming
tender from Australian Native Landscapes Pty Ltd for the term of 5 years for the
proposed contract for Part B Garden Organics Processing Services.
b) Pursuant
to s. 377 of the Local Government Act 1993 (NSW), Council delegates authority
to the General Manager to finalise the contract for execution and, once
finalised, execute the contract on behalf of Council; and
c) As
soon as practicable after entering into the contract, all unsuccessful
tenderers are notified, and Council publishes relevant information, as
required by s. 179 of the LG Regulation.
FOR:
Councillors
Ball, Conley, Greenwood, McClelland, McIntosh, McSweeney, Seaglove, Simons,
Tilbury and Waddell
AGAINST: Nil
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PUBLIC FORUM – NON AGENDA ITEMS
Ms Jan Primrose, on behalf of Protecting Your Suburban
Environment Inc. addressed Council regarding synthetic and natural turf sport
fields.
Ms Katrina Emmett, of Galston addressed Council regarding
the Draft Planning Proposal, 1-3 Johnson Road, Galston.
Questions with Notice
Nil
Mayor's Notes
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10 MN5/25 Mayor’s
Notes 01 May 2025 to 31 May 2025
(F2004/07053-002)
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Note: These are the functions
that the Mayor, or his representative, has attended in addition to the normal
Council Meetings, Workshops, Mayoral Interviews and other Council Committee
Meetings.
Saturday 1st
March 2025 – The Mayor attended Art North Exhibition, at Grace
Cossington Smith Gallery, Abbotsleigh Girls High School.
Tuesday 4th March
2025 – On behalf of the Mayor, Deputy Mayor Councillor McIntosh
attended the ‘Time to Shine’ exhibition, Wallarobba Arts and
Cultural Centre.
Friday 7th March
2025 – The Mayor attended Food Truck Fridays, at Galston Recreation
Reserve, Galston.
Monday 10th March
2025 – The Mayor attended Mark Taylor Oval Pavilion Sod Turning
Ceremony, Waitara.
Tuesday 11th
March 2025 – The Mayor attended Soroptimist International of
Hornsby’s International Women's Day Breakfast, at Kipling’s
Garage Bar, Turramurra.
Saturday 15th
March 2025 – The Mayor attended Binnowee Kindergarten’s 90th
Anniversary, West Pennant Hills.
Saturday 15th
March 2025 – On behalf of the Mayor, Deputy Mayor Councillor
McIntosh attended a Welcome Picnic and Smoking Ceremony, at Jack and Jill
Kindergarten, Hornsby.
Tuesday 18th
March 2025 – On behalf of the Mayor, Councillor McClelland attended
Ku-ring-gai Financial Services Limited’s 21st Birthday Grand
Presentation Night, at Lindfield Rollers Bowling Club, East Lindfield.
Tuesday 18th
March 2025 – On behalf of the Mayor, Deputy Mayor Councillor
McIntosh attended the Cyrus Association of Australia’s Chaharshanbe
Suri Celebration, Berowra.
Wednesday 19th
March 2025 – The Mayor hosted three Citizenship Ceremonies in the Council
Administration Building, Hornsby.
Friday 21st March
2025 – The Mayor attended Terry White Chemmart Hornsby’s 10th
birthday cake cutting event, Hornsby.
Friday 21st March
2025 – The Mayor attended the Harmony Day Morning Tea, at Hornsby
Library.
Friday 21st March
2025 – On behalf of the Mayor, Deputy Mayor Councillor McIntosh
attended Chantal Cottage Blessing and Opening Ceremony, Wahroonga.
Wednesday 26th
March 2025 – The Mayor attending the community screening of The
Last Anniversary, at Event Cinemas, Hornsby.
Sunday 30th March
2025 – On behalf of the Mayor, Councillor McClelland attended the 1st
concert of the year for Golden Kangaroos Hornsby Concert Band, Epping.
Sunday 30th March
2025 – On behalf of the Mayor, Deputy Mayor Councillor McIntosh
attended the three series book launch by Dudley Hood, at Hornsby RSL.
called over and noted
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Notices of Motion
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11 NOM1/25 Review
of Annual Footpath Budget
(F2014/00505-002)
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Mrs Edwina Hinchliffe,
of Thornleigh addressed Council regarding this item.
RESOLVED ON THE MOTION OF COUNCILLOR TILBURY, seconded by
COUNCILLOR MCINTOSH,
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 footpath infrastructure backlog across the Shire.
2. Consideration
be given to improve the transparency of our Footpath Improvement Program
through providing information on:
a)
The ongoing Footpath Improvement Program including where works are
scheduled for each financial year.
b)
The parameters that Council considers when reviewing footpaths for inclusion.
c)
How the community can easily suggest footpaths for future
consideration.
3. The
information in point one above be presented to Councillors at an Informal
Councillor Briefing prior to the development of the 2026/27 budget.
FOR:
Councillors
Ball, Conley, Greenwood, McClelland, McIntosh, McSweeney, Seaglove, Simons,
Tilbury and Waddell
AGAINST: Nil
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12 NOM2/25 Proposed
Shared Path Old Northern Road Between Glenorie and Dural
(F2009/00091)
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Mr Terry Gleeson,
of Middle Dural addressed Council regarding this Item.
RESOLVED ON THE MOTION OF COUNCILLOR TILBURY, seconded by
COUNCILLOR BALL,
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.
FOR:
Councillors
Ball, Conley, Greenwood, McClelland, McIntosh, McSweeney, Seaglove, Simons,
Tilbury and Waddell
AGAINST: Nil
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13 NOM3/25 Footpath
Connections for Train Commuters along Pacific Highway, Berowra
(F2004/09803)
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RESOLVED ON THE
MOTION OF COUNCILLOR TILBURY, seconded by COUNCILLOR SIMONS,
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.
FOR:
Councillors
Ball, Conley, Greenwood, McClelland, McIntosh, McSweeney, Seaglove, Simons,
Tilbury and Waddell
AGAINST: Nil
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Supplementary Reports
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14 CE6/25 Submission
- Changes to Deter Illegal Tree and Vegetation Clearing
(F2004/07599-02)
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Ms Jan Primrose,
on behalf of Protecting Your Suburban Environment Inc. addressed Council regarding
this item.
RESOLVED ON THE MOTION OF COUNCILLOR MCINTOSH, seconded by COUNCILLOR
TILBURY,
THAT Council endorse the submission to the proposed changes to
deter illegal tree and vegetation clearing attached (Attachment 2) to Director's
Report No. CE6/25.
FOR:
Councillors
Ball, Conley, Greenwood, McClelland, McIntosh, McSweeney, Seaglove, Simons, Tilbury
and Waddell
AGAINST: Nil
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MATTERS OF URGENCY
Nil
THE MEETING concluded at 7.47pm.
These Minutes were confirmed at the meeting held on Wednesday
9 July 2025, at which meeting the signature hereunder was subscribed.
CONFIRMED CHAIRMAN
______________________________________________________________________________