Agenda of General Meeting - Wednesday, 12 August 2026

Hornsby Shire Council Agenda and Summary of Recommendations

Page 1

AGENDA AND SUMMARY OF RECOMMENDATIONS

Acknowledgement of Country

Statement by the Chairperson:

"Council recognises the Traditional Owners of the lands of Hornsby Shire, the Darug and GuriNgai peoples, and pays respect to their Ancestors and Elders past and present and to their Heritage. We acknowledge and uphold their intrinsic connections and continuing relationships to Country."

PRESENT

NATIONAL ANTHEM

OPENING PRAYER/S

Acknowledgement of RELIGIOUS DIVERSITY

Statement by the Chairperson:

"We recognise our Shire's rich cultural and religious diversity and we acknowledge and pay respect to the beliefs of all members of our community, regardless of creed or faith."

Video and AUDIO RECORDING OF COUNCIL MEETING

Statement by the Chairperson:

"I advise all present that tonight's meeting is being video streamed live via Council’s website and also audio recorded for the purposes of providing a record of public comment at the meeting, supporting the democratic process, broadening knowledge and participation in community affairs, and demonstrating Council’s commitment to openness and accountability. The audio and video recordings of the non-confidential parts of the meeting will be made available on Council’s website once the Minutes have been finalised. All speakers are requested to ensure their comments are relevant to the issue at hand and to refrain from making personal comments or criticisms. No other persons are permitted to record the Meeting, unless specifically authorised by Council to do so."

APOLOGIES / LEAVE OF ABSENCE / Request for remote attendance

political donations disclosure

Statement by the Chairperson:

“In accordance with Section 10.4 of the Environmental Planning and Assessment Act 1979, any person or organisation who has made a relevant planning application or a submission in respect of a relevant planning application which is on tonight’s agenda, and who has made a reportable political donation or gift to a Councillor or employee of the Council, must make a Political Donations Disclosure Statement.

If a Councillor or employee has received a reportable political donation or gift from a person or organisation who has made a relevant planning application or a submission in respect of a relevant planning application which is on tonight’s agenda, they must declare a non-pecuniary conflict of interests to the meeting, disclose the nature of the interest and manage the conflict of interests in accordance with Council’s Code of Conduct.”

declarations of interest

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 8 July, 2026 be confirmed; a copy having been distributed to all Councillors.

THAT the Minutes of the Workshop Meeting held on 29 July, 2026 be confirmed; a copy having been distributed to all Councillors.

Petitions

presentations

Rescission Motions

Mayoral Minutes

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

Nil

Corporate Support Division

Page Number 1

Item 1 CS27/26 Adoption of Long Term Financial Plan 2026/27 to 2035/36

RECOMMENDATION

THAT:

1. The Long Term Financial Plan for the period 2026/27 to 2035/36 attached to Director’s Report No. CS27/26 be adopted.

2. Council note the responses provided in Table 1 to the public submissions received during the exhibition of the draft 2026/27 – 2035/36 Long Term Financial Plan.

3. Council write to the submitters thanking them for their feedback.

Page Number 6

Item 2 CS35/26 Councillor Expenses and Facilities Policy - Reporting Required by Section 15 of the Policy

RECOMMENDATION

THAT Council note the details regarding the provision of Councillor expenses and facilities for the period from 1 July 2025 to 30 June 2026 have been tabled in accordance with the Councillors’ Expenses and Facilities Policy.

Page Number 12

Item 3 CS38/26 Investments and Borrowings (Pre-Audit) for 2025/2026 - Status for the Period Ending 30 June 2026

RECOMMENDATION

THAT the contents of Director’s Report No. CS38/26 be received and noted.

Page Number 15

Item 4 CS41/26 Local Government NSW - 2026 Annual Conference - Submission of Motions and Determination of Voting Delegates

RECOMMENDATION

THAT:

1. Motions dealing with; 1. Ensuring affected neighbour notification and input on Development Applications, 2. Repeal of Section 236A of the Local Government (General) Regulation 2021; as detailed in Director’s Report No. CS41/26, be submitted for consideration at the 2026 Local Government NSW (LGNSW) Annual Conference.

2. Council determine which nine Councillors will be voting delegates for voting on Motions at the 2026 LGNSW Annual Conference.

3. Registrations for attendance at the 2026 LGNSW Annual Conference be confirmed for the voting delegates determined in point 2. above, together with the remaining Councillor who will be attending the Conference as an observer.

Community and Environment Division

Page Number 21

Item 5 CE11/26 Wallarobba Arts and Cultural Centre - Owners Consent to Lodge DA

RECOMMENDATION

THAT Council:

1. Receive and note the report.

2. Endorse the submission of a Development Application for the Wallarobba Arts Precinct.

Planning and Compliance Division

Page Number 27

Item 6 PC17/26 Report on Submissions - Employment Lands Planning Proposal

RECOMMENDATION

THAT:

1. Council endorse the Employment Lands Planning Proposal attached to Director’s Report No. PC17/26 and progress with finalisation of amendments to the Hornsby Local Environmental Plan 2013.

2. Council endorse the draft amendments to the Hornsby Development Control Plan 2024 attached to Director’s Report No. PC17/26 to come into effect when the Planning Proposal is finalised.

3. Submitters be advised of Council’s decision.

Infrastructure and Major Projects Division

Page Number 40

Item 7 IM2/26 Policy Review - Vehicular Crossings

RECOMMENDATION

THAT Council adopt the recommendations contained in the table of Director’s Report No. IM2/26 in respect of the Vehicular Crossings Policy under the jurisdiction of the Infrastructure and Major Projects Division.

public forum – non agenda items

Questions with Notice

Mayor's Notes

Page Number 44

Item 8 MN7/26 Mayor's Notes 1 July 2026 to 31 July 2026

Notices of Motion

Page Number 46

Item 9 NOM9/26 Wallarobba Redevelopment

COUNCILLOR Tilbury To Move,

THAT:

1. Council pause work on progressing the redevelopment of the Wallarobba Arts and Cultural Centre to allow for community consultation and engagement focussed on both arts stakeholders, and the wider Hornsby community.

2. Following the conclusion of the consultation process, a detailed report outlining the results be presented for Council’s consideration.

Page Number 48

Item 10 NOM10/26 Cherrybrook Library Services – Book Lockers

COUNCILLOR Tilbury To Move,

THAT:

1. Council support a renewed approach to Transport for NSW and Metro operators with a view to installing a library book locker at the Cherrybrook Metro Station Precinct.

2. Should the outcome in Point 1. not be successful, Council seek to install a library book locker at the Cherrybrook Village Shopping Centre or at the Cherrybrook Community and Cultural Centre.

Page Number 50

Item 11 NOM11/26 Brooklyn Harbour Integrated Operational Management Plan

COUNCILLOR Simons To Move,

THAT:

1. Council Advocate to the Minister for Transport, Minister for Crown Lands, Minister for Agriculture, Shadow Ministers, Greens spokesperson for Transport and local MPs to provide funding to Transport for NSW to develop a Brooklyn Harbour Precinct Management and Revitalisation Plan that addresses critical operational and navigational challenges within Brooklyn Harbour.

2. Any Brooklyn Harbour Precinct Management and Revitalisation Plan provide a coordinated, long-term framework for managing vessel access, navigation and harbour operations. The plan should include consideration of dredging requirements for the harbour channel to ensure safe and efficient access for commercial, community and private maritime users.

Page Number 52

Item 12 NOM12/26 Library Strategic Planning and Planning for Cherrybrook Library

COUNCILLOR McIntosh To Move,

THAT Council:

1. Progress delivery of the Library Strategic Plan as a priority in 2027/2028 Delivery Plan;

2. Progress consultation with our community regarding service needs and functions that should be included in the fit out of a planned new library and community facility at the Cherrybrook Metro Precinct as an urgent priority in the current 2026/2027 period, recognising that requests for specifications for delivery of this facility may come through at any time; and

3. Maximise opportunities to obtain grants for library development including Public Library Infrastructure Grants.

It is acknowledged that:

a) Our libraries are a vital part of community: a much-loved and highly-utilised resource;

b) Council’s Community and Cultural Facilities Strategic Plan identifies the need to provide a new library branch and community space in Cherrybrook.

c) Council’s 2026/27 Delivery Program and Operational Plan includes an action to develop functional design layouts for a new library and multipurpose community centre at the Cherrybrook Metro precinct.

d) The NSW Government’s draft Cherrybrook Precinct Rezoning Proposal (currently under consideration) includes provision for the construction and dedication of cold shell floor space by the developer for a new community facility and library through an incentive clause.

e) Council also plans to develop an overall Library Strategic Plan to be commenced in late 2027, as part of the 2027/2028 Delivery Plan;

f) Council has recognised that detailed planning is required for new facilities and has initiated actions to deliver detailed plans and specifications for the identified new Library, Creative and Cultural Facility in Hornsby Town Centre as well as the new library and community space at Cherrybrook;

g) Council has become aware that land has been purchased recently by developers in the Cherrybrook Metro Precinct identified as the location for the library and community facility and that requests for detailed plans and specifications could be made at any time.

SUPPLEMENTARY AGENDA

MATTERS OF URGENCY

Director's Report No. CS27/26

Corporate Support Division

Date of Meeting: 12/08/2026

1 ADOPTION OF LONG TERM FINANCIAL PLAN 2026/27 TO 2035/36

EXECUTIVE SUMMARY

· Council’s draft 2026/27 to 2035/36 Long Term Financial Plan was adopted for public exhibition at the 10 June 2026 General Meeting.

· Two submissions were received during the formal exhibition, which are included in Table 1. The submissions have been reviewed by Council Officers and no amendments to the publicly exhibited document are recommended following this review.

· As exhibited, this version of the Plan indicates that, as a result of improvement initiatives, financial capacity has increased and the average forecast budget (cash) surplus is now $3.6 million per year, $1.3 million per year more than forecast in the previous LTFP.

· The revised average budget (cash) surplus is above the level forecast when the SRV was approved of $3.0 million and indicates that, subject to ongoing cost containment and other recommendations included in the Plan, Council should be financially sustainable over the next 10 years based on current income, expenditure and forecasting assumptions.

RECOMMENDATION

THAT:

1. The Long Term Financial Plan for the period 2026/27 to 2035/36 attached to Director’s Report No. CS27/26 be adopted.

2. Council note the responses provided in Table 1 to the public submissions received during the exhibition of the draft 2026/27 – 2035/36 Long Term Financial Plan.

3. Council write to the submitters thanking them for their feedback.

PURPOSE

The purpose of this Report is to provide Council with information and recommendations regarding the submission(s) received in the public exhibition of the draft 2026/27 to 2035/36 Long Term Financial Plan.

BACKGROUND

Under section 403 of the Local Government Act, Councils are required to prepare a Long Term Financial Plan (LTFP) in detail every four years that aligns to the integrated planning and reporting (IP&R) framework mandated by the Office of Local Government. The Plan is to be updated annually when developing the Operational Plan.

The IP&R framework requires the Long Term Financial Plan to be placed on public exhibition and for submissions received by Council in that period to be noted and considered before the final adoption by Council and endorsement of the Long Term Financial Plan.

At the General Meeting held on 10 June 2026 Council considered Director’s Report CS23/26 and resolved that:

1. Council adopt the draft 2026/27 – 2035/36 Long Term Financial Plan attached to Director’s Report No. CS23/26 and place the document on public exhibition from 11 June 2026 to 9 July 2026.

2. Following public exhibition, a further report be prepared for Council’s consideration at the 12 August 2026 General Meeting that outlines and responds to any submissions received during the exhibition period and recommends the adoption of Council’s 2026/27 – 2035/36 Long Term Financial Plan.

DISCUSSION

The draft 2026/27 to 2035/36 Long Term Financial Plan was publicly exhibited electronically on the ‘YourSay’ page of Council’s website. An administrative error during the exhibition period resulted in the closure of the online form for a number of days. The exhibition period was therefore extended from 9 July 2026 to 14 July 2026 to ensure the intended consultation period of 28 days was achieved.

Submissions

At the conclusion of the exhibition period two submissions were received, which were reviewed by Council Officers as summarised in Table 1. Both submissions were from private individuals:

Table 1: Summary of Submissions	Officers Response
Submission 1
The submission acknowledges Council’s financial management, including its debt-free position, strong liquidity and forecast operating surpluses, but raises concerns that the Draft Long Term Financial Plan (LTFP) does not sufficiently align with the ambitious vision outlined in the Community Strategic Plan 2035. The submission suggests that the LTFP places greater emphasis on maintaining reserves, minimising expenditure and avoiding financial risk than on investing in community infrastructure, public spaces, digital innovation and civic amenities that would enhance liveability and community outcomes. The submission questions whether the LTFP should be more focused on the promotion of new infrastructure in the context of population growth in Hornsby Town Centre and Cherrybrook, and encourages enhanced community facilities in these areas.	The Community Strategic Plan (CSP) is a visionary document that sets an aspiration of where people in Hornsby Shire want to be in ten years. Achieving this vision requires other agencies and levels of government to collaborate with Council to provide funding, as noted in the CSP. Comparatively, the Long Term Financial Plan (LTFP) is a technical document that is used to inform decision making with regards to Council’s financial sustainability, which must be prepared in line with the Integrated Planning and Reporting Guidelines set by the Office for Local Government. Mandatory elements within these guidelines include promoting financial sustainability and ensuring any proposed increase in services or assets is within the financial means of a council (refer to page 17, Integrated Planning & Reporting Guidelines 2021). The LTFP is aligned to the top ten priorities included in the CSP, particularly through the provision of SRV funding for Strategic Initiatives (refer to pages 17 to 20 of the LTFP). These funding allocations align with nine of the top ten CSP priorities. The Hornsby Town Centre Development Contributions Plan is intended to focus on the new infrastructure required to support population growth in the Town Centre, rather than the LTFP, and includes an extensive program of infrastructure works. Once the timeline for development in the Town Centre becomes clearer, a future version of the LTFP will start to include projects contained within this works program. Costs are to be funded using the contributions paid by developers, therefore the timing of development needs to be forecast with a degree of reliability for the LTFP to include these projects. Similarly, a development contributions plan for the Cherrybrook Station Precinct is currently being prepared. Once available this will also be aligned with a future version of the LTFP in line with the expected timing of development. Council’s Delivery Program and Operational Plan (DPOP) provide a greater level of granularity regarding further matters raised in the submission, including the capital works program by project, and technology and transformation initiatives, noting the LTFP is not intended to list each individual project.
Submission 2
The submission encourages Council to continue reviewing the Development Contributions Plan and maximise the use of available development contributions for the delivery of local infrastructure projects. It recommends prioritising small-scale, local, cost-effective and deliverable projects that provide significant community benefit, including missing footpath links, bush track and trail connections, pedestrian crossings, neighbourhood park upgrades and public domain improvements around local centres. Regarding the proposal to set aside future operating surpluses for recreational opportunities at Westleigh Park, the submission encourages Council to maintain flexibility to allow for incremental investment across multiple neighbourhoods, avoiding a concentration of investment in a small number of major projects. Regarding the proposal to maximise returns from Council’s property holdings, the submission encourages Council to also consider long-term strategic community value, including opportunities to provide or retain public open space, community facilities and local gathering places, as well as financial returns.	A revision of the existing, Shire wide development contributions plan is well progressed and an updated version, including a new list of projects is expected to be referred to Council for public exhibition later this financial year. The new list is likely to comprise a wide range of projects, including a number that align with some of the priorities proposed in the submission. Members of the public will be invited to provide feedback on the revised contributions plan, including the new list of projects for 28 days before it is referred back to Council. Whilst the LTFP aims to set aside future surpluses for Westleigh Park, this does not preclude Council from considering other funding opportunities for smaller projects through the annual budgeting process, such as through project substitution and when new grants arise. Factors such as long term strategic value, and community benefits are typically considered alongside financial projections when rental returns from commercial properties are reviewed.

No changes have been made to the LTFP following a review of the submissions.

As exhibited, this version of the Plan indicates that financial capacity has improved through a range of initiatives, with the average forecast annual budget (cash) surplus increasing to $3.6 million, which is $1.3 million per year more compared to the previous LTFP.

The revised average forecast budget (cash) surplus is now above the level forecast when the SRV was approved of $3.0 million and indicates that, subject to ongoing cost containment and other recommendations included in the Plan, Council should be financially sustainable over the next 10 years based on current income, expenditure and forecasting assumptions.

CONSULTATION

The draft 2026/27 to 2035/36 Long Term Financial Plan was publicly exhibited for 28 days. The exhibition included:

• Advertisement on Council’s ‘Your Say Hornsby’ website

• Advertisement in the July papers including the Bush Telegraph, Galston and Glenorie News and Dooral Roundup

• Social Media post

Two submissions were received during the public exhibition period.

BUDGET

Budgetary implications are discussed in the attached 2026/27 – 2035/36 Long Term Financial Plan.

POLICY

Under section 403 of the Local Government Act, councils are required to prepare a Long Term Financial Plan in detail every four years that aligns to the integrated planning and reporting (IP&R) framework mandated by the Office of Local Government. The Plan is to be updated annually when developing the Operational Plan.

CONCLUSION

Two submissions were received, and no changes were made to the publicly exhibited Long Term Financial Plan following a review of the submissions.

The result forecast indicates that, subject to ongoing cost containment and other recommendations included in the Plan, Council should be financially sustainable over the next 10 years based on current income, expenditure and forecasting assumptions.

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

Nicola Dorman

Acting Director Corporate Support

Corporate Support Division

Attachments:

2026/27 - 2035/36 Long Term Financial Plan

File Reference: F2024/00060

Document Number: D09402555

Director's Report No. CS35/26

Corporate Support Division

Date of Meeting: 12/08/2026

2 COUNCILLOR EXPENSES AND FACILITIES POLICY - REPORTING REQUIRED BY SECTION 15 OF THE POLICY

EXECUTIVE SUMMARY

· The Councillors’ Expenses and Facilities Policy, which is modelled on the Office of Local Government’s Better Practice Template, requires that a report on the provision of facilities and payment of expenses to Councillors is to be tabled at a Council Meeting at six monthly intervals.

· Council last considered the required report at the General Meeting of 11 February 2026.

· This report covers the 12-month period from 1 July 2025 to 30 June 2026. Details are provided of expenditure grouped according to specific categories, summarised by individual Councillor and as a total for all Councillors.

· It is recommended that Council note the contents of the Report.

RECOMMENDATION

PURPOSE

The purpose of this Report is to comply with Clause 15 of the Councillors’ Expenses and Facilities Policy which requires regular reporting of the details of expenses incurred, and cost of facilities provided, for each Councillor. The Report is to include expenditure grouped according to specific categories, summarised by individual Councillor and as a total for all Councillors.

BACKGROUND

The Councillors’ Expenses and Facilities Policy requires that a report on the provision of expenses and facilities to Councillors be tabled at a Council Meeting at regular intervals. The relevant Clause states:

15.1 Council will report on the provision of expenses and facilities to councillors as required in the act and regulations

15.2 Detailed reports on the provision of expenses and facilities to councillors will be publicly tabled at a council meeting every six months and published in full on council’s website. These reports will include expenditure summarised by individual councillor and as a total for all councillors

Council last considered a report on Councillors’ Expenses and Facilities at the 11 February 2026 General Meeting (Report No. CS1/26). In accordance with Section 15 of the Policy reporting takes place on a six-monthly basis. This Report includes expenses incurred in the 12-month period from 1 July 2025 to 30 June 2026.

The main categories of expenses facilities are summarised in the table below. The Councillors – Expenses and Facilities Policy was reviewed at the 09 April 2025 General Meeting, as part of Director’s Report No. CS3/25. The table below shows the amounts which apply to the financial year 2024/2025, as stated in the Policy Summary, these amounts are to be increased by CPI each year.

Expense or facility	Maximum amount	Frequency
General travel expenses (other than travel associated with Conferences and Professional Development)	$5,800 total for all Councillors	Per year
Interstate, overseas and long-distance intrastate travel expenses	$0	Per year
Accommodation and meals	As per the NSW Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009, adjusted annually	Per meal/night
Professional development (includes associated travel and subsistence where applicable)	$36,700 total for all Councillors	Per year
Conferences and seminars (includes associated travel and subsistence where applicable)	$42,850 total for all Councillors (Increased to $57,850 in the years where the LGNSW Conference is held outside the Sydney metropolitan region.)	Per year
ICT expenses	$5,650 per Councillor $3,200 per Councillor	Per year (first year of election) Per year (following years of election)
Carer expenses	$2,450 per Councillor	Per year
Home office expenses (equipment and facilities other than stationery)	$400 per Councillor	Per year
Stationery	$3,700 total for all Councillors	Per year
Postage stamps	Provided by Council	Not relevant
Christmas or festive cards	$1,750 for the Mayor $600 total for all other Councillors	Per year
Access to facilities in a Councillor common room	Provided to all Councillors	Not relevant
Council vehicle and fuel card	Provided to the Mayor	Not relevant
One reserved parking space at Council offices One shared parking space at Council offices	Provided to the Mayor Shared by all Councillors	Not relevant
Furnished office	Provided to the Mayor	Not relevant
Number of exclusive staff supporting Mayor and Councillors	Provided to the Mayor and Councillors	Two
Spousal attendance at conferences	$1,250 for the Mayor $650 per Councillor	Per year
Attendance at non-Council functions	$1,250 for the Mayor $650 per Councillor	Per year

DISCUSSION

When Council last reviewed its Councillors’ Expenses and Facilities Policy in April 2025, it was required to ensure that the Policy was in line with, and modelled on, the “Councillor Expenses and Facilities Policy – Better Practice Template” issued by the Office of Local Government (OLG).

To ensure greater accountability across councils, and public availability of information regarding expenditure on councillor expenses and facilities, the OLG’s Better Practice Template, and subsequently Council’s adopted Policy, incorporates a requirement to record expenditure for each individual Councillor, as well as a total for all Councillors, across the categories detailed in the above table. This reporting is required to occur at six monthly intervals and is generally provided to Council in August and February each year.

[N.B. The reporting requirements of the Councillors Expenses and Facilities Policy are in addition to, and provide greater detail than, those which are required by Section 217 of the Local Government (General) Regulation to be included in Council’s Annual Report.]

Council officers have established appropriate administrative procedures to ensure that the relevant information is captured in a manner which satisfies the reporting requirements of the Policy.

The table below provides the required information for the 12-month period from 1 July 2025 to 30 June 2026. Where an explanation or clarification is required about particular expenditures (marked with a * in the table), comments are provided in the text following the table.

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It is noted that expenses incurred during the reporting period fall significantly under the allocation for each category and in total.

BUDGET

The categorisation and reporting of expenditure in respect of councillors’ expenses and facilities in the manner required and presented within this Report assists with the monitoring of expenses for that provision within Council’s adopted budget. The overall total expenses reported for the 12-month period from July 2025 to June 2026 of $34,180 is considerably less than the total budget provision for the financial year. All expenses have been approved as required by the General Manager or other staff under delegation.

POLICY

The Report meets the requirements of the provisions of Section 15 of Council’s Councillors’ Expenses and Facilities Policy.

CONCLUSION

The Councillors’ Expenses and Facilities Policy requires details of expenditure and the provisions of facilities to Councillors, summarised by individual Councillor and expense category, as well as a total for all Councillors, to be presented to Council at an open meeting. The expenditure by Councillors for the period July 2025 to June 2026 is well within the budget provision and requirements of the Policy. This Report provides the relevant information as required by the Policy and ensures all statutory requirements are met.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Manager, Governance and Customer Service Branch – Stephen Colburt – who can be contacted on 9847 6761.

Stephen Colburt

Manager, Governance and Customer Service

Corporate Support Division

Nicola Dorman

Acting Director Corporate Support

Corporate Support Division

Attachments:

There are no attachments for this report.

File Reference: F2004/09552-02

Document Number: D09808001

Director's Report No. CS38/26

Corporate Support Division

Date of Meeting: 12/08/2026

3 INVESTMENTS AND BORROWINGS (PRE-AUDIT) FOR 2025/2026 - STATUS FOR THE PERIOD ENDING 30 JUNE 2026

EXECUTIVE SUMMARY

· This Report provides details of Council’s investment performance for the period ending 30 June 2026 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 June 2026 of 5.08% which includes a positive yield of 9.32% from TCorp Managed Funds.

· The 2025/26 financial year return is 4.78% which includes a positive yield of 7.64% from TCorp Managed Funds. This result includes a year-to-date unrealised net gain of $1,961,574 from TCorp Managed Funds.

RECOMMENDATION

THAT the contents of Director’s Report No. CS38/26 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 June 2026 is detailed in the attached document. In summary, the portfolio achieved an annualised return for June 2026 of 5.08%, which includes a positive yield of 9.32% from TCorp Managed Funds. On a financial year to date basis the portfolio achieved an annualised return of 4.78% which includes a positive yield of 7.64% from TCorp Managed Funds.

The returns from TCorp Managed Funds can experience market volatility due to external economic conditions. 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 continue to hold this investment. This is due to the anticipated net positive performance returns that will be gained over the long term.

The Borrowings Schedule as at 30 June 2026 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 $8,702,915 with an average budgeted monthly income of $725,243. Net investment income for the month ended 30 June 2026 was $1,310,034 which includes an unrealised gain of $201,622 from TCorp Managed Funds.

Budgeted investment income year to date at 30 June 2026 is $8,702,915. Total investment income year to date at 30 June 2026 is $15,162,000 which includes a year-to-date unrealised net gain of $1,961,574 from TCorp Managed Funds. It is noted that the budget and actual investment income excludes a year-to-date unrealised capital gain from Floating Rate Notes of $21,888 as at 30 June 2026.

Approximately 42.43% 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 June 2026 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

Nicola Dorman

Acting Director Corporate Support

Corporate Support Division

Attachments:

1.	HSC Investments Summary Report June 2026 (Pre-Audit)
2.	HSC Borrowings Summary Report June 2026 (Pre-Audit)

File Reference: F2004/06987-02

Document Number: D09809639

Director's Report No. CS41/26

Corporate Support Division

Date of Meeting: 12/08/2026

4 LOCAL GOVERNMENT NSW - 2026 ANNUAL CONFERENCE - SUBMISSION OF MOTIONS AND DETERMINATION OF VOTING DELEGATES

EXECUTIVE SUMMARY

· The 2026 Annual Conference of Local Government NSW (LGNSW) is scheduled to be held at the WIN Sports and Entertainment Centres in Wollongong, from Sunday 22 to Tuesday 24 November 2026.

· The Conference provides the opportunity for Council delegates to network and be involved in discussions and consideration of motions about matters which affect local government across NSW.

· In considering the submission of motion/s by Council, regard has been given to resolutions made by Council over the past 12 months, discussions between Councillors and members of the Executive Leadership Team (ELT), discussions at NSROC and recommendations emanating from ELT members in respect of matters for which their Divisions are responsible. Based on the feedback received, it is proposed that two motions be submitted by Council for consideration at the Conference.

· Council is entitled to nine voting delegates at the 2026 Conference for voting on motions and for the election of Office Bearers and the Board. As a consequence, Council will need to determine by resolution which Councillors will be voting delegates, noting that non-voting Councillors have historically been entitled to attend as an observer at the Conference.

RECOMMENDATION

THAT:

2. Council determine which nine Councillors will be voting delegates for voting on Motions at the 2026 LGNSW Annual Conference.

PURPOSE

The purpose of this Report is to provide an opportunity for Council to submit matters for consideration and debate at the 2026 LGNSW Annual Conference and to determine its voting delegates for the conference.

BACKGROUND

The 2026 LGNSW Annual Conference was scheduled to be held at WIN Sports and Entertainment Centres in Wollongong from Sunday 22 to Tuesday 24 November 2026.

The Conference traditionally provides the opportunity for Council delegates to network and be involved in discussions and consideration of motions about matters which affect local government across NSW.

Councils have been invited to submit motions for consideration at the Annual Conference. Motions proposed by councils will be grouped under one of the six categories:

1. Industrial relations and employment

2. Governance and accountability

3. Economic

4. Infrastructure and planning

5. Social and Community

6. Environment

And will be included in the Conference Business Paper where the LGNSW Board determines that the motions:

1. Are consistent with the objects of the Association (see Rule 4 of the Association’s rules1)

2. Relate to Local Government in NSW and/or across Australia

3. Concern or are likely to concern Local Government as a sector

4. Seek to advance the Local Government policy agenda of the Association and/or improve governance of the Association

5. Have a lawful purpose (a motion does not have a lawful purpose if its implementation would require or encourage non-compliance with prevailing laws)

6. Are clearly worded and unambiguous in nature

7. Do not express preference for one or several members over one or several other members

Motions which do not advance the local government policy agenda will not be included in the Business Paper. Therefore, a motion will not be included if it is: operational, rather than strategic; a matter which could be actioned by LGNSW without going to Conference; not local government business; focused on a local issue only; or if the motion is consistent with longstanding actions of LGNSW.

LGNSW has advised that approximately 100 motions will be able to be debated at the Conference and has encouraged Councils to submit only their highest priority motions and has requested that no more than three motions per Council be submitted.

Motions for the 2026 Conference are to be submitted online and must include the following details:

· Motion category

· Title

· Motion wording

· Background note outlining the rationale (maximum 1–2 paragraphs)

· Indicate if the motion conflicts with one or more of the Fundamental Principles

· Evidence of council support for the motion

Fundamental Principles Conflict

Fundamental Principles are the overarching principles that direct LGNSW’s response to broad matters of importance to the local government sector. These Fundamental Principles are endorsed (or amended) by LGNSW members at the Annual Conference. Motions submitted to the 2026 Conference are to indicate whether the motion conflicts with any of LGNSW’s Fundamental Principles.

DISCUSSION

Motions

In considering the development of draft motion/s, regard has been given to resolutions made by Council over the past 12 months, discussions between Councillors and members of the Executive Leadership Team (ELT), and recommendations emanating from ELT members in respect of matters for which their divisions are responsible. Motions for debate at Conference can be lodged from Wednesday 1 July 2026 to Sunday 25 October 2026 via the online portal however LGNSW are encouraging Councils to have their motions submitted by Wednesday 30 September 2026 to allow for assessment of motions and distribution of the Business Paper before Conference.

Based on the feedback received and requests from Councillors, it is proposed that the following two motions be submitted by Council for consideration at the 2026 Annual Conference:

Motion 1.

Title:

Ensuring affected neighbour notification and input on Development Applications

Motion Wording:

That Local Government NSW call on the State Government to amend the draft statewide Community Participation Plan to reinstate the ability for councils to engage with neighbours who will be impacted by proposed development and allow public notification for all local development applications.

Background

The State Government’s draft statewide Community Participation Plan reduces public notification requirements for local development applications and exempts certain applications from notification and exhibition, with the aim of allowing low-impact development to be assessed quickly and reduce the administrative burden on councils.

However, it is unclear how reducing types of local development requiring notification will reduce the administrative burden on councils, noting the level of assessment required to ascertain whether the proposed development meets relevant planning controls in the Local Environmental Plan (LEP), Development Control Plan (DCP) or State Environmental Planning Policy (SEPP). Furthermore, the proposal is inconsistent with established community expectations regarding consultation on development within their neighbourhood irrespective of scale or type.

A reduction in public notification will make no meaningful difference to assessment times and housing delivery, as in most cases notification of development applications proceeds in parallel with the assessment and referral processes. Council’s current practice for notification of Development Applications is that it occurs immediately when the development application is lodged and accepted, while it is still being assigned to an officer and referred to internal branches and public agencies. Therefore, the notification process does not result in any unnecessary delays in the process.

The State Government’s expectation that the community will be actively involved in the early (strategic) phase of planning is not likely to occur and real impacts will only become clear when development arrives. Development uptake after planning control changes can take several years. As such a development application could be submitted >10 years after the strategic planning engagement took place and the community has changed.

As written, the draft statewide Community Participation Plan could result in a perception that the proposed reform is aimed at dissuading community input rather than accelerating assessment times. Reduced opportunities for community engagement will have a significant negative impact on community trust and engagement in planning, reducing transparency, limiting opportunities for meaningful participation, and creating confusion about the process.

Continuing to allow affected neighbour notification and input on development applications is essential to ensure opportunities for engagement with the community when it matters to them the most and often the impacts on the immediate neighbours come down to specific design at the development application stage.

Motion 2.

Title:

Repeal of Section 236A of the Local Government (General) Regulation 2021

Motion Wording:

That Local Government NSW advocate to the NSW Government and the Office of Local Government for the repeal of Section 236A of the Local Government (General) Regulation 2021 and the restoration of councils' ability to conduct councillor briefing sessions and workshops on matters that may be considered by Council, provided that no formal decision is made other than at a properly constituted Council meeting.

Background

For many years, councillor briefing sessions and workshops have been an established and effective governance practice across local government in New South Wales. These forums enable councillors to gain insight into complex and emerging issues, receive expert advice from council staff, ask questions, provide strategic guidance, and identify matters requiring further investigation before reports are finalised and presented for formal determination. Importantly, these sessions do not involve decision-making and have traditionally assisted councillors to make informed decisions at public meetings.

Section 236A of the Local Government (General) Regulation 2021 prohibits councillor briefing sessions on matters that are, or may become, the subject of reports to Council. While intended to enhance transparency and ensure public debate occurs during formal meetings, the provision has had the unintended consequence of restricting opportunities for councillors to fully understand and contribute to the development of significant policy, planning, financial and strategic matters before reports are finalised. The provision reduces opportunities for council staff to obtain early strategic direction from elected representatives, may result in less informed reports being presented to Council, increases the likelihood of lengthy debate and amendments during formal meetings, and may delay decision-making and project delivery outcomes. It also creates uncertainty regarding permissible interactions between councillors and staff and exposes councillors to potential conduct-related complaints for engaging in practices that have historically been regarded as an important component of good governance.

Repealing Section 236A would not reduce transparency or accountability. Existing legislative safeguards would remain in place, including requirements that Council decisions be made only at properly constituted meetings, obligations relating to public access to meetings, conflict of interest management, record keeping, codes of conduct, and oversight by the Office of Local Government. A Repeal of Section 236A would simply restore councils' ability to undertake non-decision-making briefing sessions that support informed and effective local government decision-making.

__________________________

Voting Delegates

At this year’s Conference there will be voting on motions at Conference Business Sessions only. In this regard, LGNSW have advised that Hornsby Shire Council is entitled to nine voting delegates. Voting delegates are required to be advised to the LGNSW by Friday 30 October 2026. Registrations to attend the conference opened on 1 July 2026, with Early Bird Registrations being offered if registration and payment is made by 30 September 2026. It is envisaged that the Councillor not nominated as a voting delegate will still be entitled to attend the Conference as an observer.

BUDGET

Funds have been allocated in the 2026/27 budget for attendance by Councillors and relevant staff at the 2026 LGNSW Annual Conference.

POLICY

Councillor attendance at the 2026 LGNSW Annual Conference is in accordance with the Councillors' Expenses and Facilities Policy.

CONCLUSION

The 2026 LGNSW Annual Conference provides the opportunity for Council delegates to network and be involved in discussions and consideration of motions about matters which affect local government across NSW. In this regard, two motions dealing with; 1. Ensuring affected neighbour notification and input on Development Applications and 2. Repeal of Section 236A of the Local Government (General) Regulation 2021, are proposed to be submitted by Council for consideration at the Conference.

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

Nicola Dorman

Acting Director Corporate Support

Corporate Support Division

Attachments:

There are no attachments for this report.

File Reference: F2026/00149

Document Number: D09812187

Director's Report No. CE11/26

Community and Environment Division

Date of Meeting: 12/08/2026

5 WALLAROBBA ARTS AND CULTURAL CENTRE - OWNERS CONSENT TO LODGE DA

EXECUTIVE SUMMARY

· The Wallarobba Arts Precinct was established as Council’s primary centre for arts and culture in 2011 with the renovation of Wallarobba House, the establishment of a Hornsby Printmaking Studio and the relocation of Hornsby Art Society to the venue. A second stage of renovation/extension works was envisaged to follow immediately thereafter and funding from the sale of the Hornsby Art Gallery at 208 Pacific Highway was restricted to assist in delivering this outcome. Whilst second stage works haven’t progressed until now, the restricted funds remain available for this purpose.

· The redevelopment and enhancement of the Wallarobba Arts and Cultural Centre is identified as a key transformative project in Council’s 2026-2030 Delivery Program and aligns with the Community and Cultural Facilities Strategic Plan, Arts and Culture Plan and Play Plan which identify the need to improve and expand access to fit for purpose creative and play facilities across the Shire, including relevantly at Wallarobba.

· Council endorsed the preparation of reference designs for the Wallarobba Arts and Cultural Centre in 2023/24, these have progressed through to a site master plan and detailed designs. Designs have now been resolved such that the next step would be for Council to lodge a DA for the redevelopment and enhancement of the Wallarobba site.

· Community and stakeholder engagement has informed the design, including consultation with local arts organisations, community survey’s, heritage specialists, internal stakeholders and the broader community, ensuring that the proposal addresses community needs whilst balancing heritage conservation and accessibility.

· The Wallarobba Arts Precinct will play a key role in strengthening Hornsby Shire’s creative network, supporting visual arts practice and creative enterprise and providing high quality, flexible spaces for community use while respecting and celebrating the site’s heritage significance. Redevelopment and enhancement of the Wallarobba site is intended to address the lack of dedicated arts infrastructure in the Shire and to support the ultimate development of future visual and performing arts facilities proposed as part of the adopted Hornsby Town Centre Masterplan and rezonings.

· Provision for the project has been made in Council’s Long Term Financial Plan with the funding sources including Council's Development Contributions Plans (Shire Wide and Hornsby Town Centre Precinct Plans) supported by funds restricted from the sale of the former art gallery at 208 Pacific Highway.

· It is recommended that Council endorse the lodging of a Development Application for the project.

RECOMMENDATION

THAT Council:

1. Receive and note the report.

2. Endorse the submission of a Development Application for the Wallarobba Arts Precinct.

PURPOSE

The purpose of this Report is to update Council on the progress of the Wallarobba Arts Precinct project, provide an overview of the proposed development and seek endorsement to proceed to lodge a Development Application for the site.

BACKGROUND

The Wallarobba Arts Precinct forms part of Council's long-term commitment to strengthening arts and cultural infrastructure across Hornsby Shire.

The first stage of the precinct was created in 2011 with the renovation of Wallarobba House, establishment of a Hornsby Printmaking Studio and the relocation of the Hornsby Art Society to the venue. Funding from the sale of the Hornsby Art Gallery at 208 Pacific Highway was restricted and a second stage of embellishments to the precinct was intended to follow immediately thereafter, however this has not progressed until now.

DISCUSSION

The redevelopment and enhancement of the Wallarobba Arts and Cultural Centre is identified as a key transformative project in Council’s 2026-2030 Delivery Program and aligns with the Community and Cultural Facilities Strategic Plan, Arts and Culture Plan, and Play Plan which identify the need to improve and expand access to fit for purpose creative and play facilities across the Shire, including relevantly at Wallarobba.

The strategic basis for the facility is founded on many years of community advocacy and Council planning for dedicated arts facilities including Council’s Cultural Plan (2008), Community and Cultural Facilities Strategic Plan (2015) and carried forward into the 2021 update of the Community and Cultural Facilities Strategic Plan, Arts and Cultural Plan (2024), Hornsby Town Centre Masterplan (2023) and Rezoning (2024), Development Contributions Plans, Long Term Financial Plan and Delivery Program and Operational Plan.

In 2023, Council endorsed progression of a project to upgrade the Wallarobba Arts Precinct with a view to creating a vibrant cultural destination that celebrates Hornsby Shire's heritage while providing accessible, contemporary spaces for creativity, learning and community participation. This precinct seeks to provide artistic working and creative spaces, bringing together galleries, creative workshop spaces, public programs, heritage interpretation and outdoor gathering spaces within a restored heritage setting. Together with the adjoining Willow Park sculpture-themed play space, the precinct will become a destination where art, culture, heritage, recreation and nature are experienced as an integrated community asset.

Since 2023, plans for the site have progressed through masterplan, reference design and detailed design stages, informed by consultation and engagement with:

· Existing regular hirers of the site

· Community organisations

· Arts stakeholders

· Targeted youth engagement

· Heritage specialists

· Accessibility consultants

· Traffic engineers

· Planning specialists

· Government agencies

Accessibility has also been a key design principle throughout the project incorporating upgraded accessible pathways, improved internal circulation, accessible parking, safer pedestrian connections, lift relocation and enhanced access throughout Wallarobba House. These improvements will provide equitable access to arts and cultural experiences for people of all ages and abilities, applying the required upgrades as Council has endorsed through the Special Rate Variation for Hornsby residents.

Likewise, Heritage Conservation has been an important design factor, with the project designed to respect and restore the original heritage significance of the Wallarobba House where capable. Works include restoration of significant heritage elements, reinstatement of the historic curtilage, improved interpretation, relocation of intrusive infrastructure and enhancement of views to the heritage building. The proposal ensures the long-term conservation of Wallarobba House while enabling contemporary community use.

A number of Councillor workshops have also been held to provide updates on progress and gain feedback on the design development.

During the first half of 2026, pre-DA meetings have been held between the project Architect and Council’s planning team regarding the designs and supporting technical studies. The designs (Attachment 1) have now been resolved to the point where the next step is for Council to lodge a DA for the project.

In summary, it is considered that the redeveloped Wallarobba Arts Precinct would significantly expand opportunities for community participation in arts and cultural activities through the provision of:

· Expanded exhibition galleries

· Flexible workshop and maker spaces

· Printmaking and creative production facilities

· Sound/recording facilities

· Restored heritage spaces

· Outdoor sculpture/exhibition areas

· Art/sculpture play opportunities

· Improved community event spaces.

The precinct will support local artists, creative industries, schools, community organisations and visitors while encouraging greater participation in cultural activities across all age groups.

CONSULTATION

In the preparation of this Report there was consultation and engagement with existing hirers of Wallarobba, community organisations, arts stakeholders, youth, and Council’s planning team.

BUDGET

Funding for the redevelopment and enhancement of the Wallarobba Arts Precinct is available has been identified through Council's Long Term Financial Plan, Development Contributions Plans and other funds that have been restricted to deliver the proposed works.

POLICY

Progression of the project is aligned with Council’s Community and Cultural Facilities Strategic Plan, Arts and Culture Plan, Long Term Financial Plan, Development Contributions Plans, and Delivery Program and Operational Plan.

CONCLUSION

The redevelopment and enhancement of the Wallarobba Arts and Cultural Centre is identified as a key transformative project in Council’s 2026-2030 Delivery Program and aligns with the Community and Cultural Facilities Strategic Plan, Arts and Culture Plan and Play Plan which identify the need to improve and expand access to fit for purpose creative and play facilities across the Shire, including relevantly at Wallarobba.

Informed by stakeholder and community input, the project has progressed through masterplan, reference design and detailed design phases. The project is now at a stage where the designs have been resolved to the point where the next step is for Council to submit a DA for the project.

The project will transform Wallarobba House and associated facilities on site inclusive of its surrounding grounds into a contemporary, accessible and vibrant cultural precinct that celebrates heritage while supporting artistic practice, creative learning and community participation.

Extensive planning, technical investigations and stakeholder consultation have resulted in a proposal that balances heritage conservation with contemporary community needs and positions the precinct as an important cultural asset for Hornsby Shire.

The redeveloped Wallarobba Arts Precinct will play a key role in strengthening Hornsby Shire’s creative network, supporting visual arts practice and creative enterprise and providing high quality, flexible spaces for community use while respecting and celebrating the site’s heritage significance.

Redevelopment and enhancement of the Wallarobba site is intended to address the critical lack of dedicated arts infrastructure in the Shire and to support the ultimate development of future visual and performing arts facilities proposed as part of the adopted Hornsby Town Centre Masterplan and rezonings.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Community Facilities and Projects Manager, Kate Williams who can be contacted on 9847 6908

Cheryl Etheridge

Manager - Library and Community Services

Community and Environment Division

Stephen Fedorow

Director - Community and Environment

Community and Environment Division

Attachments:

Wallarobba Designs

File Reference: F2024/00346-002

Document Number: D09815259

Director's Report No. PC17/26

Planning and Compliance Division

Date of Meeting: 12/08/2026

6 REPORT ON SUBMISSIONS - EMPLOYMENT LANDS PLANNING PROPOSAL

EXECUTIVE SUMMARY

· At its meeting on 13 August 2025, Council considered the Employment Lands Study Planning Proposal and associated amendments to the Hornsby DCP 2024 (HDCP). Together, they seek to increase the range and diversity of local employment opportunities and services and improve utilisation of the Shire’s industrial precincts for modern industrial facilities.

· Council endorsed the Planning Proposal to be submitted to Department of Planning, Housing and Infrastructure (DPHI) for Gateway determination and for the Planning Proposal and HDCP to be exhibited, following a Gateway determination.

· On 8 December 2025, the DPHI issued a Gateway Determination requiring minor changes and NSW Rural Fire Service (RFS) consultation. The changes were made and the updated Planning Proposal was referred to RFS with 30 days to comment. On 10 April 2026 the RFS confirmed that it had no objection to the Planning Proposal proceeding to public exhibition.

· The updated Planning Proposal and the draft HDCP amendments were subsequently exhibited from 13 April 2026 to 17 May 2026.

· A total of 22 submissions were received, including 18 community submissions and four public authority submissions from Transport for NSW (TfNSW), National Parks and Wildlife Service (NPWS), Department of Education and The Hills Shire Council. Matters raised in submissions are addressed in this report.

· It is recommended that the Planning Proposal be amended to exclude data centres from the proposed light industry permissibility provisions in E1 Local Centre zones. This amendment is consistent with the objectives of the Planning Proposal to support employment diversity and active centres. The amended Planning Proposal and draft amendments to the HDCP attached to this report should be endorsed for finalisation.

RECOMMENDATION

THAT:

1. Council endorse the Employment Lands Planning Proposal attached to Director’s Report No. PC17/26 and progress with finalisation of amendments to the Hornsby Local Environmental Plan 2013.

2. Council endorse the draft amendments to the Hornsby Development Control Plan 2024 attached to Director’s Report No. PC17/26 to come into effect when the Planning Proposal is finalised.

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 Employment Lands Planning Proposal and associated draft amendments to the HDCP.

BACKGROUND

At its meeting on 13 August 2025, Council considered Director’s Report No. PC14/25 concerning the Planning Proposal and draft HDCP amendments.

As discussed in that report, the Planning Proposal seeks to amend the Hornsby Local Environmental Plan 2013 (HLEP 2013) to give effect to short term strategic actions identified in the Hornsby Employment Lands Study (ELS) 2021.

The Planning Proposal proposes six amendments to the HLEP.

· Amendment 1: Require active street frontages in local centres

· Amendment 2: Permit light industries in the E1 Local Centre zone (excluding those identified as “Area 1” on the Land Zoning Map)

· Amendment 3: Exclude serviced apartments from the calculation of ‘non-residential’ floorspace

· Amendment 4: Restrict the size of food and drink premises in the E4 General Industrial zone to 150sqm of gross floor area

· Amendment 5: Increase the height of building control up to a maximum of 20 metres in some E4 General Industrial zoned precincts

· Amendment 6: Increase the permitted floor space ratio control for land in the Dural Industrial Precinct from 0.7:1 to 1:1

Draft amendments to the Industrial Chapter of the HDCP were prepared to support and complement the Planning Proposal and the changes required to implement the recommendations of the Hornsby ELS. The amendments provide guidance for industrial development, including site coverage, setbacks and landscaping controls.

In response to Director’s Report No. PC14/25, Council resolved that:

1. Council endorse progression of the Employment Lands Study Planning Proposal attached to Director’s Report No. PC14/25 for submission to the Department of Planning, Housing and Infrastructure (DPHI) for a Gateway Determination.

2. The Planning Proposal be publicly exhibited in accordance with the Gateway Determination and consultation strategy identified in this report, for no less than 28 days.

3. Council endorse the amendments to the Hornsby Development Control Plan 2024 attached to Director’s Report No. PC14/25 for exhibition concurrently with the Planning Proposal for no less than 28 days.

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

DISCUSSION

In accordance with Council’s resolution, the Planning Proposal was submitted to the DPHI for a Gateway Determination on 15 August 2025. DPHI issued a Gateway Determination on 8 December 2025, permitting the Planning Proposal to proceed to public exhibition, subject to minor updates and early RFS consultation. The updates included confirming Active Street frontage provisions would apply to primary street frontages, additional information in response to Ministerial Directions, updated precinct maps and project timelines, and clarification that the Planning Proposal’s example clauses were indicative and subject to drafting by Parliamentary Counsel’s Office.

The updated Planning Proposal was referred to RFS for comment. On 10 April 2026 RFS confirmed that it had no objection to the Planning Proposal proceeding to public exhibition. The response notes that future development applications would be required to address the requirements of Planning for Bush Fire Protection 2019.

The amended Planning Proposal and draft amendments to the HDCP were placed on public exhibition from 13 April to 17 May 2026. Council received 22 submissions. Of those, 18 were community submissions, including a submission from the Urban Taskforce. Four public authority submissions were received.

1. Community Submissions

Submissions in support of the Planning Proposal note that the Planning Proposal would encourage:

· Businesses to expand and provide greater employment opportunities;

· Active street frontages;

· Use of existing infrastructure and existing industrial lands;

· Proposed setbacks and height controls consistent with good planning practices; and

· Appropriately managed hospitality venues in employment areas.

Issues raised in submissions are discussed below.

Visual and environmental impacts

Six submissions object to the proposed maximum height increase due to potential visual and environmental impacts. The submissions are generally concerned that new industrial buildings in the Mount Kuring-gai industrial area would be visible from National Parks and surrounding residents in the Berowra locality. The Naa Badu Lookout in western Berowra Heights was noted as a view of concern. One submission notes that their residence, adjacent to an industrial area, is currently overshadowed and expresses concern that height increases would further limit solar access. One submission is concerned that the increased height would result in other environmental impacts such as biodiversity or water pollution impacts.

Comment

The ELS recommends height increases in industrial areas to allow for modern industrial needs. In response, the Planning Proposal seeks to increase the existing height limits in the HLEP 2013, currently 10.5m - 14.5m, to 20m. However, areas adjacent to existing residential development would retain existing height controls to manage potential impacts on adjoining residential uses. As such, the proposal seeks to minimise height impact changes on directly adjacent properties, including overshadowing.

The Mount Kuring-gai industrial area has an existing maximum height limit of 14.5m which is proposed to be increased to 20m. The industrial area is approximately 800m to 1km from residential areas in southern Berowra. These residential areas have existing views to the surrounding National Park and the industrial area across Lyrebird Gully. Naa Badu Lookout is 1.9km to 2.3km from the industrial area, with similar views.

Future development applications would be subject to an assessment of impacts, including overshadowing, visual impacts, setbacks, landscaping and impacts on adjoining properties.

Specifically, redevelopment in industrial areas would need to consider the requirements of the HDCP relating to visual impacts. This includes Section 5.1.3 Landscaping and Section 5.1.8 Design Details. These sections prescribe that screening landscaping should include species that will grow to the height of the building and that, in Asquith, Mount Kuring-gai and Dural Service Centre, industrial areas should have recessive colours and external finishes consistent with nearby bushland areas (i.e. grey greens, grey blues, browns etc).

Given the existing visibility of the Mount Kuring-gai industrial area from surrounding residential areas and public viewpoints, including Naa Badu Lookout, future development may also be visible. However, any future redevelopment would be subject to detailed assessment against HDCP requirements relating to landscaping, building design and materials. These controls provide an appropriate framework to manage visual impacts while facilitating modern industrial development.

Biodiversity and water management matters for new development applications are assessed under HDCP Sections 1.3.1.1 Biodiversity and 1.3.1.2 Stormwater Management, as well as relevant guidelines. This is not proposed to change. These sections provide guidance on how development should address sensitive areas and the water quality of stormwater leaving sites. These planning controls would be considered and applied to all new development applications, as appropriate. Given the age of existing development, redevelopment would likely allow for the incorporation of more modern management measures than currently exist.

Together, the visual and environmental concerns associated with redevelopment would be subject to up-to-date and best practice assessment, management and mitigation measures. Redevelopment to incorporate modern standards in industrial areas would have the potential to improve outcomes in these areas.

Recommendation

That no change is made to the Planning Proposal or draft HDCP in response to submissions received discussing height, overshadowing and visual impact.

Light pollution and noise amenity impacts

Four submissions raise concerns regarding amenity impacts to surrounding residential properties through light spillage and noise impacts associated with industrial land uses. One submission describes the proposed maximum height increase as impacting the Shire’s suburban ‘Village Centres’ with potential associated amenity impacts.

Comment

The Planning Proposal does not alter the existing framework for assessing and managing noise, lighting or other amenity impacts associated with industrial development.

Existing HDCP controls relating to industrial development include considerations regarding how a development is designed and operated. This includes minimising land use conflict and incorporates appropriate environmental management measures to address potential impacts such as noise, air quality, water quality and waste management.

The Planning Proposal does not alter these requirements. Any future industrial development will be required to comply with the relevant HDCP provisions, applicable Australian Standards and State Government guidelines. This would include the Environment Protection Authority's Noise Policy for Industry 2017.

Concerns relating to amenity impacts, including noise and lighting and other potential amenity impacts would be considered in future development applications as site specific matters. This would be supported by technical studies as appropriate, such as acoustic assessments to support the applications.

The Planning Proposal seeks to increase building heights within E4 General Industrial precincts. Business zoned suburban 'Village Centres' are generally zoned E1 Local Centre and are not subject to the proposed height increases. As such, the amenity impacts identified in the submission are not anticipated within or surrounding Village Centres because of the Planning Proposal.

Recommendation

That no change is made to the Planning Proposal or draft HDCP in response to submissions received discussing light pollution and noise amenity impacts.

Traffic impacts

Three submissions raise concerns that the local roads would not be able to accommodate the additional traffic generated from the uplift in employment lands.

Comment

The intent of the Planning Proposal is to increase the allowable building height to enable new developments that better cater to the needs of modern industrial facilities, rather than intensification of uses. However, depending on the land use, redevelopment may lead to additional traffic movements which would be assessed as part of the development application process. Where a development is in proximity to a State road, consultation with TfNSW would also take place. This process would seek to manage and mitigate the traffic impacts of new developments.

TfNSW was consulted as part of the public exhibition process, as discussed below. TfNSW did not object to the proposal and advised that the draft HDCP amendments would assist in safeguarding the safety and efficiency of the State road network.

Recommendation

That no change is made to the Planning Proposal or draft HDCP in response to submissions received discussing traffic impacts.

Dural Nature Reserve

Two submissions raise general concerns regarding the impact of increasing height limits on industrial lands adjacent to the Dural Nature Reserve, with a broad concern that the proposal would damage the Nature Reserve.

Comment

The Planning Proposal seeks to increase the maximum height limit of the Dural Service Centre from 10.5m to 20m. As noted above, the HDCP contains provisions that guide how developments are to consider environmental management and amenity impacts. These would guide how new buildings would interface with sensitive areas, such as Dural Nature Reserve.

Section 1.3.11 of the HDCP requires setbacks of 10 to 20m where there is significant bushland. The proposed amendments do not seek to change that control. This would continue to apply to lots that abut the Dural Nature Reserve.

The draft HDCP amendments propose changing the rear lot boundary setback in the Dural Service Centre from 15m to 5m. This is consistent with the sensitive boundary control of other industrial areas that interface with public open spaces and recreational areas. This change would apply as lands are redeveloped and subdivided, allowing for the proposed 5m setback in areas away from the Reserve.

As such, the existing and proposed development controls would allow for detailed consideration of the most appropriate setback and interface treatment as part of future development applications.

Recommendation

That no change is made to the Planning Proposal or draft HDCP in response to submissions received discussing impacts to Dural Nature Reserve.

Additional local infrastructure

Two submissions include comments requesting additional local infrastructure to support the Planning Proposal including a pedestrian crossing in Asquith, upgrades to Asquith Train Station, a pedestrian refuge island on New Line Road and Old Northern Road in Dural, and footpaths along the northern side of Quarry Road in Dural.

Comment

The requested infrastructure improvements are outside the scope of the current Planning Proposal and primarily relate to transport infrastructure under TfNSW's responsibility.

However, Council routinely engages with TfNSW regarding potential active transport projects in the Shire. Comments raised during the exhibition regarding Asquith, New Line Road and Old Northern Road will be provided to TfNSW for consideration as part of future transport infrastructure programs.

In relation to Quarry Road, Dural, Council’s recently adopted Delivery Program and Operational Plan identifies the project ‘Dural, Quarry Road – wombat crossing (Stage 2)’ for the 2027/28 financial year, subject to grant funding.

Recommendation

That no change is made to the Planning Proposal or draft HDCP in response to submissions received discussing additional local infrastructure requirements.

Limit on floor area for food and drink premises

Two submissions, including the Urban Taskforce submission, raise concerns regarding the proposed 150sqm floor area for food and drink premises noting that larger premises should be permitted to encourage local nightlife, hospitality and evening activity.

Comment

The proposed maximum floor area of 150sqm for food and drink premises in the E4 General Industrial zone is intended to support amenity for workers and visitors to industrial precincts while protecting the primary employment function of industrial land.

The proposed floor space limit is based on a review of existing food and drink premises in the Shire’s industrial precincts, which found that most premises operate successfully within 150sqm of gross floor area. Larger premises may have the potential to displace industrial floor space in a manner that is inconsistent with the objectives of the E4 General Industrial zone.

Council encourages nightlife in Hornsby Town Centre through the Hornsby Town Centre Masterplan and the Special Entertainment Precinct by promoting night time economy, entertainment and dining.

Recommendation

That no change is made to the Planning Proposal or draft HDCP in response to submissions requesting to increase the size of food and drink premises.

Bushfire management access

One submission raises a general concern regarding additional access for fire management of bushland.

Comment

The Planning Proposal was reviewed by the RFS prior to public exhibition because some affected industrial and local centre lands are located on, or in proximity to, identified bush fire prone land.

The Planning Proposal considers bush fire risk in response to Ministerial Direction 4.3. The Planning Proposal found that, as it relates to urbanised land currently used and zoned to permit a range of employment uses, the proposed changes would allow for greater utilisation of those lands for employment purposes. It would not rezone land or increase permissible land uses in a way that would introduce more sensitive or inappropriate developments in hazard areas.

The NSW RFS raised no objection to the Planning Proposal, noting that future development applications would be required to address the requirements of Planning for Bush Fire Protection 2019, including those related to commercial and industrial development. This assessment would consider access requirements.

Recommendation

That no change is made to the Planning Proposal or draft HDCP in response to submissions regarding bushfire management access.

Disability access

One submission noted that access to buildings should comply with the disability access to buildings standards and the relevant accessibility provisions in the National Construction Code and Australian standards.

Comment

The Planning Proposal and draft HDCP do not alter the existing legislative and regulatory requirements relating to disability access.

Future development would be assessed against applicable accessibility requirements under relevant legislation, the National Construction Code and associated Australian Standards. Accessibility considerations may be supported by specialist advice, where appropriate, demonstrating compliance with the relevant requirements prior to occupation.

Recommendation

That no change is made to the Planning Proposal or draft HDCP in response to submissions received discussing disability access.

Data centres

One submission raises concerns regarding the suitability of data centres within the Thornleigh industrial precinct, noting possible noise impacts during night time operation.

Comment

The E4 General Industrial zone allows for a range of industrial land uses, including data centres as mandatory permitted uses. Further, the Transport and Infrastructure State Environmental Planning Policy permits data centres in industrial zones. The Planning Proposal does not introduce additional permissibility for data centres in industrial areas beyond existing mandated controls. Any future proposal for a data centre would be subject to the relevant State Significant or local development assessment process (depending on scale), which would consider amenity impacts.

While the submission relates to data centres in industrial areas, a review of the exhibited Planning Proposal has identified a separate issue regarding the permissibility of data centres in the E1 Local Centre zone. Amendment 2 of the exhibited Planning Proposal seeks to allow light industry in certain E1 Local Centre areas. Data centres are a subset of light industry, therefore as exhibited, the amendment would also permit data centres. This is inconsistent with the intent of the Employment Lands Study and the objectives of the Planning Proposal.

The ELS, which underpins the Planning Proposal, was finalised prior to the introduction of data centres as a light industry subset into the Standard Instrument in December 2021 and therefore did not contemplate data centres as an appropriate land use in local centres. Development of data centres in the E1 Local Centre zone would be inconsistent with the objectives of the Planning Proposal, which seek to support greater employment diversity and active, accessible centres.

Accordingly, Amendment 2 of the Planning Proposal should be revised so that data centres are excluded from permissibility in the E1 Local Centre zone, in line with the intent of the ELS and Planning Proposal.

Recommendation

That the Planning Proposal be amended to not permit data centres in the E1 Local Centre zone.

Off street parking requirement

One submission raises concerns regarding the lack of street parking within the Asquith industrial area, related to vehicle repair businesses utilising existing street parking. The submission suggests that additional on-site parking requirements be introduced.

Comment

Car parking requirements are outlined in HDCP Section 1.3.2.1 and are assessed as part of the development application process. The rate for Vehicle Repair Stations and Vehicle Body Repair Workshops is 1 per 150sqm of gross floor area, plus six spaces per work bay. The controls are not proposed to be changed. Development applications for these types of land uses and others would be assessed against the HDCP requirements, which may result in additional off-street car parking being allocated as part of future redevelopment.

Recommendation

That no change is made to the Planning Proposal or draft HDCP as a result of concerns regarding on street car parking provision.

Place activation in Brooklyn

A submission identifies that shops in the Brooklyn Town Centre are not consistently open, with some businesses closed during the week or weekend, or fully closed. The submission notes that ‘active street frontage’ provisions would only apply to new development applications. The submission seeks planning, parking and compliance responses to re-invigorate the area and enable economic opportunity.

Comment

The intent of the Planning Proposal and draft HDCP amendments is to encourage active street frontages as part of future developments in local centres with the objective of supporting the long term vibrancy of these areas. The proposed controls are not intended to regulate the operation of existing businesses, including the hours of operation.

Council has recently adopted the Hornsby Shire Destination Management Plan, which seeks to strengthen destinations across the Shire to support tourism and local economy, including villages such as Brooklyn.

In addition, Council’s ongoing Brooklyn Place Plan is currently focused on addressing car parking and traffic management matters within the village. In the longer term the project would progress other guiding principles aimed at enhancing the public domain, improving village amenity, and supporting local businesses, residents and visitors.

Recommendation

That no change is made to the Planning Proposal or draft HDCP in response to submissions received discussing place activation in Brooklyn.

Mixed use employment areas

The Urban Taskforce Australia submission, while generally in support of the review of employment lands and the objective of the Planning Proposal to increase employment opportunities within the Shire raises concerns that the Planning Proposal’s approach is restrictive and may limit business investment and expansion.

The submission recommends that employment precincts, including industrial zoned land, allow for a mix of industrial, commercial and residential uses, including serviced apartments.

The submission suggests that a mixed use structure would incentivise redevelopment, increase pedestrian activity and after hours activation, reduce "dead zones" outside business hours, improve business viability and profitability and allow employees to live closer to where they work which would reduce travel times.

Comment

The Planning Proposal is informed by the Hornsby Employment Lands Study, which identifies the importance of retaining industrial land to support modern industrial needs. It seeks to protect and manage employment lands while allowing a range of supporting uses that complement the primary employment function of industrial areas. The intention is to provide important local industrial and urban services.

Introducing residential into industrial precincts would be likely to result in land use conflicts and reduce the availability of employment land within the Shire, inconsistent with the Employment Lands Study.

The Planning Proposal’s approach regarding the protection of industrial lands is consistent with the NSW Government’s Regional and District Plans and the Department of Planning Housing and Infrastructure (DPHI) Industrial Lands Action Plan.

Recommendation

That no change is made to the Planning Proposal or draft HDCP as a result of the matters raised in the submission on mixed use employment areas.

2. Public authority submissions

Submissions were received from the following public authorities:

· Transport for NSW;

· National Parks and Wildlife Service;

· Department of Education; and

· Hills Shire Council.

The submissions are summarised below, with Council officer comments. No objections were received.

As noted above, the RFS was consulted regarding the updated Planning Proposal prior to public exhibition, as required by the Gateway determination and Ministerial Direction 4.3. In response, the RFS identified no objections. The RFS was notified when the public exhibition commenced and no further comments were received.

National Parks and Wildlife Service (NPWS)

The NPWS submission does not object to the Planning Proposal, noting that areas proposed for increased height limits in industrial areas interface with NPWS lands, including Mount Ku-ring-gai, Dural and Asquith.

The NPWS submission states that there has been a history of environmental issues at the interface between NPWS and industrial lands. These are generally related to the development of industrial lands and not specifically attributed to lands in Hornsby Shire.

Specifically related to lands in the Shire, the NPWS submission identifies historical issues with the dumping of litter in the Dural Nature Reserve, adjacent to the Dural Service Centre, leading to visual and chemical pollution. It also notes poor water quality from stormwater run-off from existing industrial areas and major roads.

To overcome concerns regarding the potential intensification the submission requests that future development applications within these precincts consider the requirements relevant State planning controls and guidelines to assess and manage impacts on environmental values, biodiversity, water quality and scenic landscapes.

Hills Shire Council

The Hills Shire Council submission notes that the comments are from technical officer level and have not been reported to the elected Hills Shire Council for a formal view or resolution.

The submission acknowledges that the planning proposal is consistent with the applicable State and local policies of the strategic planning framework and the proposed amendments are informed by a strong evidence base undertaken by Hornsby Council. The objectives of the planning proposal align with the strategic direction and policy intent for employment lands within The Hills Shire.

The Hills Shire submission is supportive of the Planning Proposal and notes that it is important to provide more jobs close to home, noting that Hornsby Shire LGA ranks 5th on the list of destinations that resident workers of The Hills Shire travel to for work.

Transport for New South Wales (TfNSW)

TfNSW raises no objections to the planning proposal and notes the draft DCP includes development controls for vehicle access and parking that safeguard the safety and efficiency of the State Road network.

Department of Education

The Department of Education raises no concerns with the Planning Proposal.

CONSULTATION

The Planning Proposal and draft amendments to the HDCP 2024 were exhibited from 13 April to 17 May 2026. The exhibition included:

· Advertisement on Council’s ‘Your Say Hornsby’ website;

· Advertisement in Council’s electronic newsletter;

· Letters to affected landowners who own or are in proximity to impacted lands; and

· Consultation with public authorities including NSW Rural Fire Service, Transport for NSW, National Parks and Wildlife Service, The Hills Shire Council and the Department of Education.

BUDGET

Costs associated with the finalisation of the Planning Proposal are covered through the Strategic Landuse Planning operational budget.

POLICY

The draft Planning Proposal and draft HDCP amendments would finalise short term actions from the Implementation Action Plan of the Hornsby ELS. Should the draft Planning Proposal and Hornsby DCP be progressed to finalisation, Council will have implemented all endorsed short term recommendations of the ELS.

The Gateway Determination authorises Council, as planning proposal authority, to exercise the functions of the local plan-making authority under section 3.36(2) of the EP&A Act. Council has authorisation to exercise its delegation of plan-making powers for this Planning Proposal, including the power to finalise the proposal.

CONCLUSION

The Employment Lands Planning Proposal and draft amendments to the HDCP were publicly exhibited from 13 April to 17 May 2026. A total of 22 submissions were received, including 18 community submissions and four public authority submissions. Key concerns raised in submissions are addressed in this report.

As a result of the exhibition process and subsequent review of the Planning Proposal, it is recommended that Amendment 2 of the Planning Proposal be amended to exclude data centres from the proposed light industry permissibility provisions applying to E1 Local Centre zoned land. No other changes to the Planning Proposal or draft HDCP are recommended.

It is recommended that Council endorse the Employment Lands Planning Proposal and draft amendments to the HDCP 2024 attached to Director’s Report No PC 17/26, with HDCP amendments to come into force when HLEP 2013 amendments are made.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Acting Manager, Strategic Landuse Planning – Aaron Harding who can be contacted on 9847 6913.

Aaron Harding

Acting Manager, Strategic Landuse Planning

Planning and Compliance Division

Katherine Vickery

Director - Planning and Compliance

Planning and Compliance Division

Attachments:

1.	Planning Proposal ELS - Post exhibition
2.	Draft HDCP Part 5 Amendments
3.	DPHI Gateway determination

File Reference: F2025/00219

Document Number: D09809602

Director's Report No. IM2/26

Infrastructure and Major Projects Division

Date of Meeting: 12/08/2026

7 POLICY REVIEW - VEHICULAR CROSSINGS

EXECUTIVE SUMMARY

· Council’s Policy – “Review, Adoption and Alteration of Council Policies” – states that “Changes in legislation are to be brought to Council's attention immediately where they affect Council's Policies.”

· Recent amendments to the NSW State Environmental Planning Policy (Housing) in 2024 and subsequent amendment to Hornsby Development Control Plan (HDCP) in June 2025 has created some contradiction to Council’s existing Vehicular Crossing Policy.

· The current policy pertaining to Vehicular Crossings has now been reviewed and recommendations have been made for the policy amendments based on current service needs and legislative changes.

RECOMMENDATION

PURPOSE

The purpose of this Report is to present to Council the outcomes of a review of the Vehicular Crossing Policy, and to seek Council’s endorsement of the recommended actions in response to the review of this policy.

BACKGROUND

Council’s Policy “Review, Adoption and Alteration of Council Policies” requires each Division of Council to review all policies under their control. Any changes in legislation that affect Council policies are to be brought to Council’s attention.

New policies and draft alterations to existing policies which are submitted to a Council meeting in conjunction with a report and are adopted, automatically become formal Policies of Council.

Recent amendments to the NSW State Environmental Planning Policy (Housing) in 2024 and subsequent amendment to Hornsby Development Control Plan (HDCP) in June 2025 have created some contradiction to Council’s existing Vehicular Crossing Policy.

This amendment requires Council to review the policy and recommend necessary amendments to align with those legislated changes.

DISCUSSION

In July 2024, the NSW State Environmental Planning Policy (Housing) - Dual Occupancies and Semi-detached Dwellings (Amendment SEPP) commenced operation. In response, the Hornsby Development Control Plan (HDCP) was amended in accordance with these changes.

On the 23 June 2025, HDCP Part 6 Urban Subdivision was amended to include provisions for dual occupancy subdivision. This amendment states that “subdivision of approved dual occupancies can only occur after the dwelling(s) have been erected and an Occupation Certificate issued.”

As Dual Occupancy dwellings can now be built without prior subdivision, essentially Council are now allowing secondary vehicle crossings on a single lot. As such, the Vehicular Crossings Policy which states that “second crossings are not permitted”, is now in contradiction with the HDCP. In order to address this contradiction, changes have been recommended to the Vehicular Crossing Policy.

Also, as the current restriction to secondary crossings is intended to maintain necessary street parking availability and safety during vehicular movements, such restriction may not be relevant to rural lots and on those lots with multiple street frontage. A merit-based assessment is also recommended to those situations.

Policy Review

A summary of the proposed changes to Council’s existing Vehicle Crossing Policy are included in Table 1 below. The policy, incorporating amendments where they are proposed, are attached. Deletions from the previously adopted policy are shown in the attachments by strikethrough and additions by underlining.

Table 1. Details of recommended amendments

Policy Element	Policy Content	Comment and Recommendation
Section 9 Existing Wording	“Circular driveways and second crossings are not permitted. The only exception will be at locations where improved safety is a key consideration.”	Delete existing wording
Section 9 Proposed Wording	“Council will generally permit a maximum of one vehicular crossing per property. Exceptions on merit may include; · Rural lots · Dual Occupancy developments · Multiple street frontages · Locations where improved safety is a key consideration · Proposed Complying Development	Included new wording to include situations where a second crossing may be permitted based on merit by Council.
New Section 10 Proposed Wording	“More than one (1) vehicular crossing may be considered where approval has been granted via a Development Application.”	Included new wording to clarify that more than 1 vehicular crossings may be permitted through Development Application approval.
New Section 11 Proposed Wording	“Additional crossings must be accordance with Council’s Vehicular Crossing Specification. Each crossing will require a separate application.”	Included new wording to clarify that all crossings require an application and must meet the requirements of Council’s Vehicular Crossing Specification.
New Section 12 Proposed Wording	“An application can be made to Council to obtain boundary levels at street frontage. Such boundary levels are issued for design purposes only and will not be taken as approval for multiple crossings.”	Included new wording to clarify that Boundary Levels under Section 138 of the Roads Act, are provided only for design purpose. This should not be regarded as approval for multiple vehicular crossings.
New Section 13 Proposed Wording	“Construction advice for crossings will only be issued after necessary planning approval has been obtained.”	Included new wording to clarify that the construction advice will not be issued before Development Approval is granted.

CONSULTATION

Proposed policy amendments are recommended after consultation with Council’s Planning and Compliance Division. Council’s Risk and Audit Section have reviewed the proposed amendments in line with legislative changes.

BUDGET

There are no budgetary implications associated with this Report.

POLICY

Details of the review of the Vehicular Crossings Policy has been undertaken and are summarised within this Report.

CONCLUSION

The proposed amendments to the Vehicular Crossing Policy by the Infrastructure and Major Projects Division ensure alignment with relevant legislation and provides clarity for the operation of the revised Policy.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Director of Infrastructure and Major Projects Division – Fiona Leatham.

Madhu Pudasaini

Manager, Asset Operations and Maintenance

Infrastructure and Major Projects Division

Fiona Leatham

Director, Infrastructure & Major Projects

Infrastructure and Major Projects Division

Attachments:

Revised POL00266 Vehicular Crossing Policy

File Reference: F2013/00454

Document Number: D09380614

Notice of Motion No. NOM12/26

Date of Meeting: 12/08/2026

12 LIBRARY STRATEGIC PLANNING AND PLANNING FOR CHERRYBROOK LIBRARY

COUNCILLOR McIntosh To Move,

THAT Council:

1. Progress delivery of the Library Strategic Plan as a priority in 2027/2028 Delivery Plan;

3. Maximise opportunities to obtain grants for library development including Public Library Infrastructure Grants.

It is acknowledged that:

a) Our libraries are a vital part of community: a much-loved and highly-utilised resource;

b) Council’s Community and Cultural Facilities Strategic Plan identifies the need to provide a new library branch and community space in Cherrybrook.

e) Council also plans to develop an overall Library Strategic Plan to be commenced in late 2027, as part of the 2027/2028 Delivery Plan;

Note from Councillor:

Evidence demonstrates that our library network is one of the most highly utilised services that Council operates, with more than 45,945 library members, 265 home library members and 729,045 library visits (Source HSC 2025/2026 Library highlights). In this same period, the library network provided 800 adult programs with 7688 attendees and 386 children's programs engaging 11,404 attendees. The library holds 213,683 collection items and provided 1,041,693 loans in 2025/2026 across our four library branches and the home library service.

Survey feedback from library users regarding the existing library network sought longer opening hours, a larger range of books, easier access to collections, more quiet study spaces and faster wi-fi. In response, Council has provided upgrades to all four library branches in recent years, the most recent being the newly refurbished facilities at Pennant Hills Library.

Council’s Community and Cultural Facilities Strategic Plan identifies the need to provide a new library and community space at Cherrybrook. This is also recognised in the NSW Government’s draft Cherrybrook Precinct Rezoning Proposal which is currently under consideration that includes provision for the construction and dedication of cold shell floor space by the developer for a new community facility and library via an incentive clause.

Our community continually seeks more access to library facilities, greater space for study and opportunities to close the gap in library services by providing an additional library branch in Cherrybrook. Our community is also keenly aware of developments in library services in other areas, with a focus on enhanced facilities for book pick up and return; secure, extended hours access (often 24/7) to study and meeting spaces; facilities for loan access to small equipment; facilities to access IT facilities such as 3D printers and scanners; and provision of space for creative activities within a library environment such as art studios and rehearsal/recording rooms.

Council is exploring all of these options as part of our work to develop functional design layouts for a new library and multi-purpose community centre at the Cherrybrook Metro precinct. Council has engaged specialist consultants to assist in developing these design layouts, however it is vitally important that the community comes on the journey with us and is able to provide input into service needs and outcomes they most want accommodated in any new facility.

Council has also identified the need to provide an overall strategic direction for our libraries by way of including the ‘development of a strategic library plan’ in our 2027/2028 Delivery Program, with work to commence in late 2027. This is a critical strategy for Council’s libraries and must be progressed as a matter of priority.

Planning for a Library in Cherrybrook Metro Precinct

Of greatest concern is the potential for development to commence imminently in Cherrybrook, adjacent to the Metro Station, where the masterplan already identifies that “A new library and community facility will be located within the town centre next to the Cherrybrook metro station. This facility of approximately 3,000 m^2* will support the expected population growth resulting from the rezoning proposal whilst also providing a new facility for the surrounding area.” (Source NSW Department of Planning, Housing and Infrastructure website; Cherrybrook Precinct, Dec 2025)

*For comparison, it is worth noting the Hornsby Central Library is approximately 2,700m²

Council is aware that a large parcel of land has recently been purchased by a developer immediately adjacent to the Cherrybrook Metro Station and comprising land identified for the future site of high density housing, commercial development and the provision of the library and community facility.

As part of this precinct development, Council will be provided with a ‘cold shell’ of a library and community facility with Council then to be responsible for the ‘soft’ fit out of the space, staffing and resources. This will involve both capital and recurrent expenses.

The location and design of the new library and community facility within the overall precinct is critical to its success. Research demonstrates that a well-designed library can be the anchor to a town centre, activating retail beyond the peak commuting hours through extended community activity and providing a thriving cultural and social hub that enhances community cohesion and a sense of place. Well-designed libraries can engage visitors with a sense of belonging and safety which makes it vital that we get this design right.

The key issue here is timeliness. We need to ensure that the voice of our community is heard regarding the services and facilities that are provided at Cherrybrook alongside the advice of our specialist consultants. The proposed Cherrybrook library and community facility will be approximately the same size as the current Hornsby Central Library. The provision of a new library and community facility of this size in our Shire is a once in a generation opportunity for Council to get this right – and we need community input urgently.

I am concerned to ensure that Council maximises the benefits of this opportunity for our community – with a detailed specification provided to the developer to ensure that the specific needs of our community are met and that Council is best placed to access additional financial support for this new facility.

Accessing Public Library Infrastructure Grants –

In my role as Council’s delegate to the NSW Public Library Association (NSW PLA) I am aware of developments in the Library space across a number of Councils. Grants for public libraries are provided to NSW Councils through the Public Library Infrastructure Grants, administered by the State Library. This funding provides support for library buildings and spaces; mobile libraries; IT and digitisation projects; cooperative library development activities and for projects that assist public libraries to support the NSW Government Creative Communities Policy.

In recent discussions, I have been made aware that grants made to support the development of public libraries have been undersubscribed. This presents a unique opportunity for us to access funding, if we have a plan in place that reflects the needs of our community.

Council’s Role -

Council has a responsibility to act immediately in this area.

We need to ensure that we have detailed plans and specifications for the new library and community facility at Cherrybrook responding to specific community needs, when the developer knocks on our door seeking to progress development in the Cherrybrook Metro Precinct.

Attachments:

There are no attachments for this report.

File Reference: F2010/00018

Document Number: D09819974